Blaze Media correspondent Steve Baker and his attorney Bill Shipley join The Glenn Beck Program to explain why Baker pleaded guilty to 4 misdemeanor counts connected to his presence at the Capitol during the Jan. 6 riot. Steve has argued the entire time that he was there as a journalist and did not act violently, and also that the government isn't going after the other 80 or so journalists who were there. He pled guilty, he explains, because he believes that the court wanted to make an example out of him: "The trial is nothing more than a shaming exercise if you're not going to be allowed to present your own case." Baker and Shipley also discuss the possibility of Donald Trump pardoning J6 defendants when he takes office.
Transcript
Below is a rush transcript that may contain errors
GLENN: Steve Baker and his attorney Bill Shipley joins us. Steve, I hate to do this to you. But we have about six, seven minutes.
So why did you plead guilty?
STEVE: Yeah. It was no more complicated than this. Last Wednesday was my pretrial hearing. And the government basically went into lockstep. Deny, deny, deny mode, that was in lockstep with the court itself.
The last minute hoax that they had, that they would either grant us a dismissal of my case, based on -- or they would at least grant a continuance, which would mean, that during that time, they would also give us the discovery that we had requested on to some 80 to 100 other journalist, media influencers.
Podcasters. Bloggers of all types of media, that passed through those restricted spaces and into the Capitol that day. Why they weren't charging them.
And when the judge laid down the law. And said, no. He was going to -- just basically show his inflexible flexibility.
And I thought, you know what, after that, then the trial is nothing more than a shaming exercise.
If you're not going to be allowed to present your own case.
So I think Bill can speak to that a little bit more clearly.
GLENN: Bill.
BILL: Well, Steve and I had a conversation.
And the head of that hearing.
And I said, Steve, based purely on the facts, I think we can defend this case. But at the end of the day, particularly during that pretrial conference hearing, it became clear, that the government was going to use four comments that Steven made over the course of the day, to in effect, show that Steve had in the government's word, joined the mob.
In other words, Steve was in some respects, taking the government's interpretation of his word.
He was applauding the conduct of the crowd that day. And the government said, that sets him apart from the other 80 journalists. Well, either you think about that. That basically says, any opinion journalist, whose opinion is on the wrong side of what the government deems to be the line of acceptability is, therefore, subject to prosecution.
GLENN: Correct.
BILL: As long as your opinions are on the right side of the line of acceptability, you're fine.
GLENN: So that's a First Amendment right.
BILL: Exactly. But we could not get the court to accept that. I think part of what we were up against was, these were only misdemeanor charges. The court was simply not going to give us the evidence that we were entitled to.
But the difficulty of that particularly kind of defenses. It's almost a concession, that you've actually committed the crime.
And what you're saying is why aren't other people similarly situated being charged with the same crime.
It's a double-edged sword.
And after the election, it was just a matter of, you know, Steve, we can get out of this in such a way, where we write the facts. We decide what we tell the judge, are the facts of the case. Unlike a plea agreement, when you have an agreement with the government, they write the facts. And you're stuck with them. Because the alternative is to go to trial.
GLENN: I will tell you, I pled -- I don't know if I pled guilty, I might have. Pled guilty in a case. Had to surrender and just acquiesce on a case years ago. Involving terrorists. To have.
And somebody -- I had them dead to rights.
Dead to rights. But the government is controlling all of the strings and all of the information. And if you can't get the information, from the government, that they have, and that you know exists. Because you have copies of it.
But the judge says, no. I need to seat official copy. And the government says, well, we're not going to give you the official copy.
You have no place to go. They win every time, if you -- you know, can't get them to cooperate in any way. And give you the information, that they only have.
That's what you're fighting. Right?
BILL: Yeah. And our alternative here would have been to go to the appellate court.
But we could only do that after the district court, the trial court after that case was over. We could go to the appellate court. But, again, we're talking about four misdemeanors.
How much effort are you willing to put in, to go to the appellate court. To try to get this information, that the trial judge has denied you.
GLENN: So what is your sentence going to be, Steve? Do you know?
STEVE: Well, they set my sentencing hearing for March the 6th. We don't know. But the judge himself acknowledged in the court date on Tuesday, that we likely would never see each other again.
How about that? He actually acknowledged that. He actually said it twice, in reference to the fact that there is probably going to be pardons going down.
And, therefore, I wouldn't be sentenced. But in that moment, I think the judge made a really critical and unforced error.
Because he decided to go and dress me down, as he would normally do during a sentencing hearing. And since he decided that we probably wouldn't be able to have that hearing in March, he was going to go ahead and take that opportunity to chastise me. What he did, Glenn, is incredible.
And we will have the transcript of this, and we will certainly release it through the Blaze.
That he dressed me down, not for my behavior. But he criticized my actual work as a journalist, because I had used the terms "weaponized DOJ" and I had been critical of the biased court.
GLENN: Wow! Wow!
What a violation of your First Amendment.
All right, Steve, thanks for explaining this. Bill, best of luck. Keep us up to speed. I think you are right. I think Donald Trump is going to come in, and I hope not for everybody.
I mean, there were some people that were really bad actors in this. But most people weren't. And that should be erased from their record entirely.
Thank you, Steve. Appreciate it. God bless. You bet.