You're watching...
Former Federal Prosecutor Douglas Burns on Sen. Harry Reid’s accusation that Mitt Romney didn’t pay his taxes for 10 years and whether Romney can ...
Also in this playlist...
Auto-advance: ON
Auto-advance
This transcript is automatically generated
Products senator Harry Reid bashing Mitt Romney dropping this bombshell accusation.
Mitt Romney did not pay taxes for ten years now -- until I know that's true well I'm not certain.
But obviously he cannot release those tax returns and you guys said his wealth is sort of fifty million dollars you know what not a chance of the world.
It's a lot more than that.
I mean you do pretty well if you don't pay taxes for ten years when you making millions and millions of dollars so -- business and Mitt Romney's attacks she expert in the law.
But Douglas burns is a former federal prosecutor -- Harry Reid could be in some legal trouble.
What would -- -- Bob tell you what I mean.
I agree with the person who I'm not gonna name -- -- like that I'll get back -- senator Reid who said this is conduct completely and totally unbecoming the democratic leader of the senate and I agree that's number one.
Number two.
How do you make this allegation on a difference in the presidential race or whether it's whether -- third grader named Tammy stalled John who's toyed with the confrontation clause okay.
So you're entitled to know who's making the -- does that mean a confrontation very simple that if you're gonna make an acquisition federal law -- -- -- wealth in the constitution but the point is I'm not really using a legally I'm using it more societal way.
If I'm gonna accuse somebody of something well you know what -- better name who said it and let me break that down -- second because he said that someone who had invested in Bain Capital and avoid this.
Called him up and told senator Reid.
By the way.
Mitt Romney didn't pay taxes to ten years now let's just -- second that person does not have access to Mitt Romney's tax returns okay right no way.
That's number one number two.
If there were a lawsuit brought against senator Reid for defamation and let me just break that down if he makes a materially false statement.
Including by the way an allegation that he engaged in criminal conduct and you said right at the beginning.
Then at a minimum and discovery you do -- -- be entitled to ask senator -- well excuse me who is that person.
What's their name to disclose -- the source would like to take their deposition and see exactly why they made that -- I mean he could sue then what they've angle here is to paint.
A business leader not just a presidential candidate rival.
As a villain as a crook right right so the but the the thing is I mean I -- in my mind I've never seen a sitting senator -- you know anybody of being a taxi to presidential candidate.
-- being.
A cheater attacks debater and -- -- of the criminal basic using a criminal activity so the issue is -- could there be grounds and could.
And say hypothetically could -- Romney win theoretically yes in practice probably now and I'll -- -- like.
First of all they have what's called defamation or slander her say and one of the -- -- categories which in some -- this means it's easier to prove is accusing somebody of criminal wrongdoing.
OK and that's why I'm glad you're highlighting that you know if I go around saying you know -- so did a crime that's probably easier to prove if -- on true -- if I say.
They have a drinking problem hypothetically -- -- -- number two we have what's called false light.
False like defamation.
And what that means is that even if that statement is technically true and by the way he's got a lot of wiggle room because his statement was so so and so on named told me some -- even giving -- -- is that.
-- stroke but under false light jurisprudence the -- -- even if his statements technically true if it tends to be misleading -- and puts Mitt Romney.
Under a misleading cloud of having criminal tax problems then theoretically you know they recovered I don't think as a practical matter -- anybody's gonna sue anybody honestly.
I don't think they will but you know what -- this comes on the heels of the whisper campaign now that Mitt Romney is a felon because he misrepresented his time spent that Bain Capital and in other words -- he didn't leave until 2002 when he's saying now I left in 1999.
So you know this attack is going on at a time -- of course congresses in paralysis and pass a budget of four years.
They're leaning on Ben Bernanke to do -- heavy lifting when they should be doing the job instead so is this something that -- they think will work do you think this is the kind of attack -- that Americans are gonna see right through because you're given around blocking seeing things like that.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- You know the constitution.
Really -- at lower levels just day to day conduct so the point is if he's gonna say.
That in my opinion Mitt Romney has not paid its taxes what you've either got to say you've got some credible evidence to back that up.
Or disclose the name mister Sachs told me that go speak to him.
And I heard many experts and commentators in on radio and -- -- for the they saying that this was not sourced you know journalistic term.
And that's the critical failing you can't just turn around and say.
Doug burns hasn't -- -- ten years.
Some guy called me up and tell Nevada and I'm not telling you his name you gotta be kidding me right so you're saying just regular people could they could have grounds to bring a suit it at the average person.
Heard that a ten minutes another attempt yes our interview not a fly in the -- and and that you know this and that is.
It defamation case against a public figure.
Is a little harder to prove by -- there's a Supreme Court put in a higher standard.
Aboard cause actual malice which is that -- specifically knew was false or recklessly disregarded the theory of course being that somebody who's in the public -- doesn't have access to the tax returns that happening -- I think that's rallied right point exactly.
How can he.
Not have been reckless is your point.
And you're so right house -- not reckless to say that it didn't pay taxes to ten years all right Doug burns former federal prosecutor thank you so much time really get inside -- --
