All Episodes
Jan. 7, 2021 - Bannon's War Room
48:36
Ep 637: That Fateful Night (w/ FogCityMidge, Cpt. Bannon, Bergquam, Epshteyn, Eastman, Finchem)
Participants
Main voices
s
steve bannon
24:16
Appearances
b
ben bergquam
04:06
b
boris epshteyn
03:02
d
donald j trump
01:00
j
jack maxey
02:24
Clips
a
anthony fauci
00:07
d
dr john eastman
00:36
m
mark finchem
00:08
m
maureen bannon
00:03
| Copy link to current segment

Speaker Time Text
unidentified
Well, the virus has now killed more than a hundred people in China and new cases have been confirmed around the world.
You don't want to frighten the American public.
France and South Korea have also got evacuation plans.
But you need to prepare for and assume.
Broadly warning Americans to avoid all non-essential travel to China.
That this is going to be a real serious problem.
France, Australia, Canada, the US, Singapore, Cambodia, Vietnam, the list goes on.
Health officials are investigating more than a hundred possible cases in the US.
Germany, a man has contracted the virus.
The epidemic is a demon and we cannot let this demon hide.
Japan, where a bus driver contracted the virus.
Coronavirus has killed more than 100 people there and infected more than 4,500.
anthony fauci
We have to prepare for the worst, always, because if you don't and the worst happens, War Room.
unidentified
Pandemic.
Here's your host, Stephen K. Banham.
steve bannon
Live from the nation's capital, you're in the War Room.
It is Wednesday, the 6th of January, the year of our Lord, 2021, and I have to say this is a day that will live in infamy.
Okay, Michael Pence starts off the day.
Right in the middle, or right at the end of President Trump's speech, Mike Pence, the Vice President of the United States, essentially tweets out a full surrender, and I think a gross misinterpretation of the Constitution.
And we're going to have the President's constitutional lawyer John Eastman on a little later in the show to walk through the mistakes, the fundamental mistakes that Mike Pence made.
So you talk about calling the play, running the play, this very set aspect that the president's lawyers had worked out, that constitutional scholars had worked out about how to let the state legislatures, who are begging and requesting, we had on the morning show, Jake Corman, the Senate leader, Senate President pro tem, from the Commonwealth of Pennsylvania, set this tightly reasoned argument in.
They want their electors back.
They want to review this.
They think they were illegal.
unidentified
Sen.
steve bannon
Ford, as Rudy Giuliani said, this is what we're going to argue.
Georgia is working on it.
We're going to have Mark Fincham on later in the show.
Arizona's working on it.
Mike Pence took another direction, and I think, mistakenly, Instead of delaying the activities on Capitol Hill, pulled the trigger exactly one o'clock before President Trump had finished his speech.
There's been a day of chaos.
I think the National Guard, at least the D.C.
version of the National Guard, has been called out.
Looks like the state police of Virginia and Maryland have come to the Capitol.
We are near the nation's capital and it's been helicopters all over, police all over, fire all over.
We can get to all that.
We've got Ben Burquam.
By the way, Jack Maxey here.
Fog City Midge just back.
She was at the speech.
They've been there since 6 o'clock this morning and at the march back up Capitol Hill.
Captain Bennett's here for a couple of seconds before she's got to get out of here.
The curfew, I think, starts at 6 o'clock on the nation's capital.
This has been triggered by Mike Pence essentially saying he's punning, right, and not going through the process to really let the states get their electors back and to see if those electors were legally certified.
So a whole bunch of activity on Capitol Hill today.
We're going to go.
We've got Ben Burquam in the field from Real America's North.
Don't have him yet.
We're going to have Michael Yan on later.
Michael Yan is the great combat Correspondent has been in Afghanistan and Iraq.
He's been covering Antifa and Black Lives Matter out in Seattle, in Portland.
He was here in the summer doing work for us on Capitol Hill.
He's been out there all day.
He's got some stunning photography and some stunning imagery.
He's got his camera live on Capitol Hill.
Fairly chaotic situation, but I think people are trying to get their hands around it now.
And a massive turnout.
I think there had to be at least 500,000 Several hundred thousand people.
That speech was huge.
People out there, it was cold.
Maggie, I want to go to you to start.
You guys were at the speech.
You got there at six in the morning.
They had other speakers beforehand.
Was it Jones?
State Senator Jones, Vernon Jones, switched the Republican Party on stage.
That was fantastic.
You guys were there.
Tell me about the President's speech.
We've got some clips and we didn't want to start with a cold open because we're going to go to Ben Burquam.
Ben, ready?
Let's go to Ben Burquam of Real America's Voice.
He's on Capitol Hill.
He's been out there all day.
Ben, thank you for joining us.
ben bergquam
Hey Steve, it's getting a little chilly out here but the folks are still here.
They're still up on top.
You can see some smoke coming off the balcony up there where we've got people that are still occupying that space.
The police are driving them down and every so often you just saw another one.
It looks like a tear gas canisters I've heard multiple reports of shots fired.
I've heard at least one young woman was killed.
I don't know if that's confirmed.
people back off the Capitol steps and we anticipate this to continue until everyone is taken down. I've heard multiple reports of shots fired. I've heard at least one young woman was killed. I don't know if that's confirmed. I've heard that there's possibly two, but I don't know.
steve bannon
Ben, is that a concussion grenade going off in the background?
I keep hearing flashbangs or concussion grenades.
Talk to us about the crowd.
You're on the east side of the Capitol, correct?
You're on the west side of the, you're on the east side of the Capitol, correct?
ben bergquam
Yes.
We're on the, uh, the, uh, the mall, the mall side of the Capitol.
steve bannon
Oh, so you're on the west side of the Capitol where the thing, how, how, you were actually, Dan, the last time we saw you, you were actually at the speech.
Walk us through your progression.
Did you do the march?
I understand most of the participants decided to march up to Capitol Hill.
Were you in that march?
ben bergquam
Yeah, beautiful day.
You know, President Trump, awesome speech, rallying up the American people to stand up for the Constitution.
He laid out the case.
So much evidence of voter fraud.
And then after the speech, The hundreds of thousands of people peacefully marched from the White House down the mall, some of them down Pennsylvania Avenue, some of them down the mall, some of them down Constitution Avenue, here to the Capitol.
And that's when, we weren't here when it first happened, but that's when the lines started breaking.
And we're actually in the third line.
If we point the camera down here, we have some of the material that was Taken down.
There's some metal barricades that were taken down as well.
And then ultimately, the protesters, ralliers, ended up getting up to the Capitol and climbing the steps into the Capitol.
And that's when pandemonium took place.
And I've heard reports.
I haven't seen anything firsthand.
But they were in the Senate chambers.
And obviously, that's when they removed all the members, Congress members from the building.
It's been a wild day now, several hours later.
Go ahead.
steve bannon
Yeah, I want to go, that looks like tear gas.
It's got the appearance of, is that tear gas or just a smoke grenade that's going about?
It looks like tear gas.
Any sense of the people up there moving back rapidly?
unidentified
Yeah, it is tear gas.
ben bergquam
Yeah, it is tear gas.
This actually, this looks like more of a smoke grenade.
But they have been using tear gas.
I haven't felt it yet.
But as soon as it starts coming this way, if it's CS gas, it'll make you move quickly.
So, we may be moving in a hurry here.
I'll stay in position as long as I can though.
steve bannon
Okay, hang there.
If it starts to affect you, obviously you've got to take off.
Ben, I've got a question.
You were there for the speech.
Maggie was there for the speech.
Captain Ben was there for the speech.
I listened to it.
The President Trump, it didn't even seem like one of his more high-energy speeches.
The fact that he was making a legal brief, at least for the second part of it, where he's kind of going through the facts of the case and laying it out.
Was there any time, Ben, that you saw President Trump work the crowd up to go up to Capitol Hill and to storm the Capitol?
I mean, some of the mainstream media or others are saying President Trump triggered this.
Is there anything that you remember from the speech and your coverage or the Real America's Voice coverage?
ben bergquam
No, not at all.
You know, what President Trump was calling for was for rallying for the Constitution, standing up for this country, standing up against the fraud.
You know, what I've seen, though, and what I've heard all over the country is people are just fed up with it.
And they're fed up with the mainstream media who blame President Trump for everything.
This, what happened today, what's going on right now, was choices made by individuals who are fed up with what they've seen happen.
When I'm talking to people on the ground, that is what I'm hearing over and over and over.
It has nothing to do with President Trump's words.
They just appreciate President Trump for standing up for the country and for the Constitution.
steve bannon
So when you say that, when you say they're fed up, and you're up in the middle of it, right?
And you've been doing great reporting.
You've seen this from Eric Copar to Georgia.
When they say they're fed up with it, what did they hope to accomplish by actually storming the Capitol?
ben bergquam
You know, I don't know.
And that's the question to be asked.
What's the outcome?
What benefit do you get from this?
We're hearing a lot of different perspectives on that, and we're going to hear more.
Today, we're going to be talking about what happened today for weeks to come, and the question is, does it help or hurt the cause?
That's going to be up to the American people to decide.
steve bannon
Ben, as you're sitting out there in kind of the plaza area and you're looking up and you still got people up there and it looks like the Capitol Police.
One thing I noticed as I walked around earlier today, it didn't seem like it was over police.
It didn't seem like a ton of a show of force of the Capitol Police or U.S.
Marshals.
We understand, Jack, you just told me additional U.S.
Marshals have been called out.
And I know you weren't at the tip of the march, but as you see today, it looks like 99% of the people are really peaceful, staying in the plaza, and there are some people that are up in the Capitol itself, correct?
ben bergquam
That's right.
Out of the several hundred thousand people, we're talking about a fraction of that that are up on the Capitol building.
And what I was told, I was actually asking some of the people that were inside the building that have made it back out.
They said that the police were not prepared.
They were taken off guard.
In fact, they didn't have the gas masks on.
They weren't ready to fire any tear gas.
And so I think, I don't think anyone anticipated what happened today until it happened.
steve bannon
Okay, Ben, Burquam, we're going to do some in studio and we'd like to come back to you in the next segment if that's possible.
Is that possible?
I know your camera's running out of juice.
Is it going to be possible to come back to you?
ben bergquam
Yeah, we're getting really low, so I'll go as long as I can.
steve bannon
Okay, Ben, we're going to take a short break and come back to you, okay?
I want to go in-studio.
Ben Berquam, we're going to come right back to Ben Berquam after our commercial break.
Before we get there, I want to go, Maggie, you were there from the beginning.
I know that you've got some very strong feelings about this.
As we said over the last couple days, stay color inside the line, color boldly.
We had this.
I mean, this is something, and it's going to be many questions.
We're going to have, actually, Professor Eastman come on and walk through, which I thought, to be brutally frank, was a very limp Uh, explanation by Mike Pence.
I mean, I don't get it.
We've had state legislatures.
We had Jake Corman on here, who is no Trump.
Trust me, he's no Trump guy.
He's a moderate Republican, been around a long time, one of the most powerful guys in the Commonwealth of Pennsylvania.
tightly argued paper, you know, report, letter that says we need the electors back, we need time, we have found all this stuff that's been gone on, I'm now a believer in this, we need to do this. You got Georgia doing the same thing, Fincham and the guys here in Arizona the exact same thing, you got three states going to do it, and then Pence just kind of comes out and says, hey I don't think I have the constitutional power, which the whole question gets back to that.
That's not really the question.
The question gets back is, is the Electoral Account Act of 1887 constitutional or not?
Because if that's not constitutional, guess what?
You definitely have the power.
You're hardwired into the Constitution.
And many constitutional lawyers are arguing that.
So Maggie, give us your perspective of what happened.
unidentified
Well, it was interesting, right?
Because we all got there super early.
It was freezing out.
Maureen and I were there.
I mean, we left here at 630 and by the time we got down there at 7am, it was already packed.
We had to fight our way through a crowd just to get up to the front so we could enter with the VIPs.
And then we were sitting there and people are freezing and President Trump comes out and this was not the speech that people wanted.
People were actually very disappointed because Trump felt a little defeatist.
There was sort of this past tense language he was using.
And it was actually really weird because about halfway through the speech, three quarters through the speech, people actually got up and were leaving in the VIP section.
So I would say the VIP section was maybe only three quarters full, maybe half empty by the time the speech ended.
People wanted to go get warm.
They wanted to leave.
And I'm looking around and people were like, this wasn't the speech I wanted to hear today.
They wanted a rally cry.
They wanted marching orders to know what to do, what to do next.
And then as the news broke, as the speech was ending, of Mike Pence's statement, which he released, people started getting really angry in the crowd.
And as we were walking out, Maureen and I saw, people were yelling.
Yeah, started yelling.
steve bannon
But hold on, the marching orders, though, from Trump were never, hey, I want you to go up to the Capitol.
unidentified
No, no, there was nothing.
And in fact, people felt like Trump kind of... You know what was funny?
People were saying that, you know, this isn't about Trump anymore.
Like, honestly, this is about the country.
steve bannon
I mean, they were actually saying this about the country, this about the Constitution.
unidentified
Yes, and those were the chants, too, that people were saying.
People, well, I mean, first of all, people that had it with Pence.
They were really, really angry about that.
steve bannon
What was the anger about Pence?
unidentified
They feel betrayed.
steve bannon
They feel he got let down.
OK, we're going to take a short commercial break.
When we come back, why don't you hang?
We'll do one more segment and then bounce before they shut down the city.
OK, it is a chaotic day in Washington, D.C.
It was triggered by Vice President Pence's, I think, Not particularly well-formed letter that he dropped before, didn't have the courtesy, and I think this is a Marc Short special, you know, his guy, didn't have the courtesy and the common decency to wait for the President of the United States to finish his speech.
And he went on, I realize, President Trump always kind of goes over, starts a little late, but that's, you know what it is.
There's nothing that says you absolutely got to start at one o'clock.
You can have the decency to wait for President Trump.
Sent the letter out before the President had even finished and was tweeted immediately.
Okay, we'll take a short commercial break.
We're going to go back to Capitol Hill with our reporter Ben Berkron and also Michael Yon where the Great Combat Correspondence is also on Capitol Hill.
We're going to go to all of it, get all the information for you.
War Room Pandemic.
unidentified
War Room Pandemic with Stephen K. Bannon.
The epidemic is a demon and we cannot let this demon hide.
War Room Pandemic.
Here's your host Stephen K. Bannon.
steve bannon
You have to be very careful about walking into these traps of the mainstream media's narrative.
I know it takes discipline, and a lot of times you don't want to hear it.
You've got to color inside the lines.
We control this.
The beginning of the day.
You know, we had the power.
We had a massive rally.
And I've got to tell you, I didn't expect the size of the crowd, and particularly in this cold rain and kind of a dank, you know, right off the Potomac.
The people were out there for hours, right?
For hours.
unidentified
They started tailgating.
maureen bannon
Some of the Trump team said that they started tailgating last night.
steve bannon
Yeah, no, people were here for the speeches and everything.
Yes, the stuff was great yesterday.
People were here.
It was positive.
I realize the president didn't come out and give the rally speech when he saved the orders.
What he's trying to do is open that session.
And it was a, one, it went on way too long, right?
Particularly in the cold.
But he was, to his, the way he rolls, giving the receipts.
Right, he was going through and talking about the details, talking about this.
What has social media done with President Trump?
You've got some breaking news on this.
unidentified
So this is unbelievable, right?
So I've seen President Trump's tweets be censored in a number of different ways, but this is brand new.
They've got a new kind of disclaimer on President Trump's tweets, which reads, this tweet of election fraud is disputed and this tweet can't be replied to, retweeted or liked due to a risk of violence.
However, in this video, it's a one-minute video, I hope we can get it up here, I would love to see it.
steve bannon
Just tell me what the one-minute video is.
unidentified
I guess he's talking about, I haven't watched it, but I assume he's saying, hey, calm down everybody, go home.
I think that's the message that President Trump is tweeting out.
steve bannon
Well, he tweeted out in the very first hour of this, we're the law and order party, we're about law and order, make sure, you know, calm down, don't get worked up here, and we're the law and order party, respect our police, respect that.
jack maxey
And truthfully we are the law and order part of it.
There were over half a million people out there today and we've seen this video.
I can't imagine that it's more than a thousand people who are causing this problem and probably I isolate that number down to about 50 who are really creating the issues.
So, by and large, we are very fortunate.
steve bannon
Jack, that was more than 1,000 people.
Come on, dude.
Come on, brother.
jack maxey
Let's say it's 10,000, okay?
It's still a small fraction of the number of people who showed up.
steve bannon
It is, but you don't play into the, you know, we're not Antifa, we're not BLM.
unidentified
100%.
steve bannon
And you can't play into their thing.
Now, all they're going to do is hammer on Trump non-stop, and particularly the Never Trumpers.
They're going to say, this is the unwashed masses of this populist movement's dangerous, this populist movement's out of control.
I haven't seen anything today, and I watched all the speech, I looked at all the pre-speeches, Rudy Giuliani's, you know, in combat was a term of art about the legal side of it, that's what he wanted to engage in.
This is all, I didn't see, President, in fact, when you say working people up to violence, I agree with Maggie.
It's not that the speech was a snoozefest, and I felt for you guys, that's why I was texting people, how's it going?
Because it kept going on.
But it was more of a legal brief as kind of the preamble to what Pence was going to do.
I knew there could be problems when Pence sent the thing out exactly at 1 o'clock.
And this shows you immaturity and bad judgment.
First off, I thought the thing was horribly written.
I thought it was horribly written.
unidentified
Trump's, or excuse me, Pence's statement.
steve bannon
Pence's statement was horribly written.
And I thought even worse, the arguments he had were loose.
And we're going to have Professor Eastman on here.
He's the President's Constitutional Lawyer.
jack maxey
I thought one of the most shameful things that he said in this, we've all read his little quote of, it is my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.
Okay, that's the heart of his letter.
The very next sentence is, while my role as presiding officer is largely ceremonial.
Really?
Is the Vice President's role inside the Senate just a ceremonial one?
It's a constitutional one.
It shows you how this guy does not even take the document seriously, let alone his oath.
steve bannon
And it's not ceremonial, particularly in this situation, about the opening and the counting of these ballots.
By the way, they didn't ask unilaterally.
That's the mistake he made.
They didn't ask him to make a unilateral decision.
It was about sending it back because the states want to review these and get the state legislatures involved.
The letter from Pennsylvania, the letter from Georgia.
So it's not a unilateral decision.
jack maxey
And it's members of his own party in Pennsylvania who wrote that letter to him requesting that he simply be reasonable and allow them to do their constitutional duty.
steve bannon
But by the way, it could have been from the Democratic Party.
Of course.
This is a Democratic Party and they request that he should have done this, right?
But look, better people than I will reason, but I knew as soon as that was sent At the timing it was sent.
The President was just getting, because he ran late, I think it was instead of starting at 11, it started close to 12, because it was starting in the last quarter hour of our broadcast, right?
We actually had Jake Corman on here at 11.30 and still had time to do a five or seven minute interview with him before the President went off.
The President went over, he clearly ad-libbed, he riffed.
Some areas I do, like go back over his administration, I don't think we need to do that since you're going to start your second term.
And this is what we said the dividing line was.
Pence would signal you at the beginning whether he was going to call a recess, Right?
And send these, and send the ones that he thought, back to the legislatures that requested it, right?
To see if they had been, these were legally derived electors, appointed electors, right?
And the states that are controversial had requested this.
And so, but he chose the other path.
The other path is to basically assume that the Electoral Count Act of 1887 is constitutional, and that's him making that judgment, right?
Pretty big judgment.
And he's going to go then in alphabetical order, and as soon as you get to Arizona, you're going to split into two chambers.
You're going to go argue it for two hours, two hours each.
That's four hours.
Total, right?
It's two hours concurrent, and then you're going to come back and do it again, and do it again, and do it again.
And I think they've got six or seven, eight to go, so it's a 16-hour process.
Now, they've shut everything down for the day.
It was shut down, you know, very early at 1.30.
But you can't justify.
We're the Law and Order Party.
We're the party of veterans.
We're the party of people to serve their country.
We believe in law and order.
We don't believe in taking matters into our own hands.
We believe in the rule of law.
And I realize people get worked up.
And a lot of people are hot.
A lot of people are agitated.
A lot of people, and they look at this feckless... Republicans are elected all over the country.
They're very concerned about it.
They don't see any action getting taken.
And they get so frustrated, they want to take action in their own hands.
We are the majority party because we control so many state legislatures.
This is why we're arguing about this.
You have to use that power, right?
And to use that power, this is why social media, this is why getting focused, and you've got to get people in there that are going to represent.
So I think Pence, and when I say Dale is an infamy, I think Mike Pence's name will be associated with this day from the beginning.
And mainstream media is trying to shluff this off on Donald Trump.
This was because of the decision that Mike Pence made.
Coming from the conservative movement, coming as an evangelical Christian, coming as a guy that's for years and years and years, had many people, either in this crowd or spiritually in this crowd, knocked on doors, raised money, worked for him, and then the moment of decision.
I mean, what did Rabbi Sparrow said the other day?
This is his appointment, right?
jack maxey
Well, you know, he's always been somewhat weak in the breach.
Let's remember his little mis-memory of the conversation with General Flynn, where he was forced to basically be like, OK, I'm going to make a decision on which one of these guys I think is squared away.
You know, he's never, I think, really been that reliable.
steve bannon
Well, the last week of his first campaign for governor, he basically threw the Right to Life movement under the bus in the last week.
I want to go and get things.
So tell me about the speech and then when you guys started marching up Capitol Hill.
unidentified
Yeah, well just, I wanted to set Maureen up.
So we started noticing all the things that people were saying about Pence.
And as we were walking out... Can they be repeated on a family show?
And Trump said, if Mike Pence does the right thing.
And then as soon as he said that, Mike Pence sent out that tweet saying that he wasn't going to do the right thing.
Yeah, and you heard it.
We were walking out and Maureen was like, oh my gosh, you hear what these people are saying?
Mike Pence is a traitor, he betrayed us, how could he do this?
You had grown men and women in tears because they felt so betrayed.
jack maxey
And I think that what people have to understand is there's a growing sense amongst the deplorables that they've been betrayed not just by their political leaders but by the very institutions that are designed theoretically to protect their liberties.
I mean, they've been betrayed by their intelligence services, they look like they've been betrayed by the legislative bodies, they feel as if they've been betrayed by their state supreme court to ignore the laws of their own state for political reasons.
So there's this growing sense that these institutions themselves that were designed to protect this republic are themselves corrupted as well.
steve bannon
Now what about, there's a lot of chat on social media, a lot of pictures going, Antifa elements have been involved, other people have been involved, pictures of helmets and stuff that normally Trump people wouldn't do.
Is that been a big part of this?
Is that just wishful thinking?
Or do you think that's been an element of this?
unidentified
From what I'm picking up on social media, being completely honest, it does look like there might be some small element of Antifa instigators that might have been starting things.
But from what I saw when I was up there, there certainly were a lot of Trump people who appeared to be sort of involved.
But then there were, I would say, the majority of people even that were up there at the Capitol doors were just standing watching.
I was up there standing watching, just sort of mouth agape, like, I can't believe I'm really seeing what I'm seeing.
And I have to, I want to just say that the difference of what's happening right now is the people who are up there who felt like they want to take back the Capitol, you know, I'm not going to try to justify anything that was done, but I do have to say that they were doing it not because they hate the country or that they hate, you know, our institutions or our government, but because they love the country and they want to save the country.
steve bannon
Yeah, but if you love the country and want to save the country, I realize you have an emotional response.
Hey, I get a little worked up here every now and again too, right?
But if you want to save the country, you can't break, and you particularly don't play into their hands, because all they're going to do, ladies and gentlemen, all they're going to do is run this until they run the sprockets off it, right?
They run the sprockets off it, and you're going to see the sprockets run off this, and they're going to lay it on Trump, and Trump instigated people, and people got worked up.
I do think that this is a decision, when this all clears, and they look at it, I think this is a decision of Mike Pence and the people around Mike Pence, and hey, was that the Koch brothers?
You know, who was the ones that got to Pence and had him come to, I think, just the absolutely wrong conclusion that people that had worked around the President and worked this through had been for weeks and weeks and weeks arguing this.
Okay, we're going to take a short commercial break.
We're going to get Mark Fincham in here from Arizona.
Captain Ben is going to bolt before they shut the city down.
Looks like the FBI now.
We're hearing from Seb Gorka, the FBI.
unidentified
Yeah.
Governor Northam has activated the Virginia National Guard, and there's about 1,100 DC National Guard that have been activated.
steve bannon
And also the state police of Virginia has been activated.
I think they've sent some state police over here.
There's some state police from Maryland, but I think the crowd's going to start dispersing.
We saw some tear gas being put up there in Ben Burkham's thing.
We're trying to get Michael Young, we'll have Mark Fincham, Boris Epstein, and of course John Eastman to talk to us about the constitutionality of it all.
unidentified
War Room.
Pandemic.
With Stephen K. Banham.
The epidemic is a demon and we cannot let this demon hide.
War Room.
Pandemic.
Here's your host, Stephen K. Bannon.
steve bannon
Okay, welcome back to the War Room, Capitol Hill.
We're in a city that is going to go have a curfew here in a few minutes.
They're basically shutting everything down.
Still people up on Capitol Hill.
There's been tear gas.
They're trying to get people out of the Capitol.
This is a day that will live in infamy of our country.
We told you it was going to be one of the most important days in American history.
And Mike Pence dropped a bomb on everybody, he dropped that bomb right at the end of President Trump's speech, not even having the common courtesy or common decency to delay a few minutes.
I understand things were supposed to start at 1 o'clock, but you can use your judgment, Mike Pence.
I want to go to, where's the, where's the, what do you got, you got some breaking news?
unidentified
So, we wanted to play the one-minute video of Trump's statement to the people, but apparently you can't even rip it and play it anywhere else because the video is completely banned.
But what's unbelievable about... The video is banned?
steve bannon
I thought this was a peaceful video.
unidentified
It is a peaceful video.
He's calling for peace.
He's saying, yes, this was a fraud election.
This election was stolen, but everybody needs to calm down, pack up, and go home.
We want peace.
We respect law and order.
We respect the police.
So, it's pretty disgusting and despicable to me that That Twitter is blocking this video from being able to be shared with the American people and with a wider audience.
steve bannon
Yeah, if Denver tells me, if we can, if the team, as soon as the team tells me we can actually play this, we may have gotten it early enough to play it, just let me know and we'll go ahead and play it.
unidentified
I think the concern is that because it's banned, it could get the video pulled.
It could get us, it could get us banned again on YouTube and Twitter, so.
steve bannon
Hold it.
I want, and Alyssa Fara, Alyssa Fara, who's, you know, I know her dad, they're a great family, she has sent us a tweet.
Dear MAGA, I'm one of you.
Before I worked for real Donald Trump, I worked for Mark Meadows, Jim Jordan, Freedom Caucus, I marched in 2010.
2010 Tea Party rallies.
I campaigned with Trump and voted for him, but I need you to hear me.
The election was not stolen.
We lost.
Alyssa, I've got tremendous respect for you, your family, and people can have that opinion.
Just, you're never going to convince the war room posse that this election was lost.
It was not lost, in our opinion.
And we can back it up with facts, after facts, after facts.
And Alyssa, I would welcome you To come in to the war room and let's sit down on a show and we'll walk you through the receipts, right?
It's just that I disagree.
I disagree with you on that point.
We did not lose this election.
President Trump won this election.
The election was stolen.
And I understand that if Mike Pence's way goes, and these are the rules and the way the rules are, right, and we play by the marquees of Queensborough's rules, although sometimes it gets me madder than I'll get at, you know, Joe Biden may actually have the inaugural, although that's still not absolutely defined.
There may be a couple of other alternatives here.
People are talking about the state legislature is getting these things back.
We have to figure that all out.
We've got some great constitutional lawyers.
Yeah, Maggie.
unidentified
Denver has the video, so if we're... Let's go ahead.
steve bannon
I tell you, we want to tell YouTube we're playing this because it's peaceful and it's about telling people to calm down, okay?
And Denver, YouTube should know, we do understand that you're here today and Mike Pence has made a decision But like I said, the Warren Commission came out as an official government thing.
The Pentagon Papers, the Afghan Papers, all that.
It doesn't mean the government position is truthful.
We understand it's the official party line.
Every day we try to go and show you why a lot of what the official party line is, is just not accurate.
And we don't believe that.
And we think rational human beings Can come to that same conclusion when they look at that.
So let's go ahead and play what President Trump put up that's been banned all over.
And we would ask the good officers of YouTube to take this in the spirit that we're trying to show how it was originally shown.
So please show President Trump's video they made.
donald j trump
I know you're pained.
I know you're hurt.
We had an election that was stolen from us.
It was a landslide election and everyone knows it, especially the other side.
But you have to go home now.
We have to have peace.
We have to have law and order.
We have to respect our great people in law and order.
We don't want anybody hurt.
It's a very tough period of time.
There's never been a time like this where such a thing happened, where they could take it away from all of us.
From me, from you, from our country.
This was a fraudulent election.
But we can't play into the hands of these people.
We have to have peace.
So go home.
We love you.
You're very special.
You've seen what happens.
You see the way others are treated that are so bad and so evil.
I know how you feel, but go home and go home at peace.
steve bannon
So President Trump, was he rifting a lot of those?
Oh no.
The buried lead.
Don't play into their hands.
We're going to win this.
Look, we brought this today, this morning on the show, we brought this to the absolute cusp of victory.
And people say, hey, with Bannon, that's the cusp of victory.
That ain't victory.
I get that.
I understand that, right?
But we're right at the cusp of victory.
Who says we may not be able to maneuver some things?
You never know.
But the one way you don't do it Is an emotional reaction.
I realize people are worked up.
I got that.
But an emotional reaction, you're going to play into it.
If you don't believe me, they're running the sprockets off this thing right now on CNN and MSNBC.
I realize they're not there to be fair.
They're not there to be truthful.
But that's the reality.
We have to deal with reality.
Remember, Leave the fantasy at home and get focused.
OK, I want to bring in Mark Fincham now.
And Jack, one small breaking thing.
jack maxey
Apparently, Jonathan Tamari is a reporter for the Philadelphia Inquirer.
He's inside the Capitol.
He said that they've just made an announcement.
The Capitol is secure and lawmakers applauded.
So it looks like things are under control over there, which is good.
steve bannon
Are they going to get back to actually go back to Arizona and start to go through the Arizona debate?
And speaking of that, we've got Mark Fincham from Arizona.
Pennsylvania sent a letter.
Burt Jones and the guys in Georgia have sent a letter.
Where do we stand?
What did you guys send in Arizona?
unidentified
Thank you, Steve.
I came to D.C.
yesterday with an evidence book and a letter along with a resolution requesting the consideration of at least press the pause button.
We've got litigation that's in process.
Let's finish due process, or let's have a forensic audit.
If there's nothing to hide, then let's have the audit.
And that was delivered to Representative Gosar, who assured me that it would be in Vice President Pence's hands last night.
Congressman Gosar never breaks a promise to me, so I know that that was done.
steve bannon
What I find extremely offensive... And let me ask you, the resolution came from, who did it come from?
unidentified
It came from 21 members in the House, which is a majority of the majority, not all House members signed it, and I believe four or five members from the Senate.
Part of that was a time crunch, part of that was people who said, I don't want to sign it.
steve bannon
What percentage said, I didn't want to sign it?
unidentified
Probably half of the ones that didn't sign, so I would say a quarter of a third.
Six maybe, seven senators said.
And part of that, I'm not going to say I'm going to give them a pass, but they're engaged in litigation right now with Maricopa County, who's refusing to comply with the subpoenas to do what?
A forensic audit.
steve bannon
Okay, so on the other side, by the way, we've got to cram all this in.
We're trying to get Boris, is Boris Epstein on?
So let me go to Boris real quickly.
Okay.
I want to bring the President's thing in, and I want to get your opinion on Pence's opinion.
So Boris, this was all triggered today.
It began to be triggered before the end of the President's speech, the Vice President of the United States and the President of the Senate.
Drop this letter.
The first question I have is, I know Eastman's going to follow, but where do we stand with your analysis of this letter and the accuracy of this letter?
boris epshteyn
Well, Steve, good to be with you.
Good to be with the Patriots at War Room.
We are here in Washington, D.C.
Obviously, interesting times.
Here's what I do want to say first.
I want to call on everybody to remain peaceful, to stay peaceful.
We are the movement of law and order, and let's follow the president's words, which he laid out so artfully in his tweets and in the video.
So God bless everybody.
Let's remain peaceful, number one.
Number two, if you look at that very long statement the vice president put out, that was obviously written by an attorney on his staff.
I personally, as an attorney, look at that and say that I believe that the 12th Amendment of the Constitution is what controls.
It is not the Electoral Count Act.
You know, while they were quoting a Supreme Court justice from 1876, Which was, by the way, 11 years before the Electoral Count Act in 1887 came into place.
We are looking at legal scholars like John Yoo, like John Eastman, like Lawrence Tribe, all in the last 20 years, who have gone out and stated that the Electoral Count Act is of very suspicious constitutionality.
steve bannon
And so, Boris, where do we stand right now with the legal team as the option?
boris epshteyn
Let me actually maybe break down because I'm in the weeds here, right?
So, I'm going a million miles a minute and I may be going too academic.
What it means when I say the Electoral Count Act is likely unconstitutional is that the 12th Amendment controls, which does vest a lot of power with the Vice President as the President of the Senate.
And in this case, where the President was calling on the Vice President to take these specific states and send the matter back to the To the state legislatures.
That is fully pursuant to the Constitution, which under Article 2 gives the state legislature the power to decide which electors are to be certified.
And we now have letters out of Pennsylvania, out of Georgia, out of Wisconsin, and out of Arizona, which all say that those state legislatures want to decertify and evaluate certifying the Trump electors.
steve bannon
Isn't this the ultimate, what we warned about, constitutional crisis, where now you have four states?
You have Pennsylvania, Georgia, Arizona, we have three, Arizona, those three that have sent letters in saying that they essentially want to get the electors back, review the process that got them there, and they don't think the electors have been legally sent forward And yet, if you go through this process, you may end up certifying this.
Where is this going to leave us?
Is it going to leave us completely in hang fire that there will always be questions about Joe Biden's legitimacy?
boris epshteyn
Well, where we stand right now is, first of all, we obviously want to make sure D.C.
remains peaceful and is peaceful from now going forward.
And then the question is, what happens with the rest of the, you know, the rest of the joint session?
When it does come back, there's going to be more opposition to these slates of electors, potentially more motions to adjourn.
And, you know, it continues to be the perspective of the Trump legal team that it is incumbent upon the state legislatures to evaluate these slates of electors and to send the correct slates of electors which they believe represent the most legal votes in their states. Boris, how can we get what's your social media so people can continue to follow you for breaking news? My social media, Instagram,
Boris underscore Epstein, Boris underscore EPSHTEYN.
My Twitter, at Boris E.P., my parlor, at Boris.
Everybody, thank you so much.
God bless and rock and roll peacefully.
Again, Boris underscore Epstein, at Boris E.P.
Twitter, at Boris Parlor.
Steve, thanks so much.
God bless.
Talk to you soon.
steve bannon
Okay, Mark Finch, what do you think about what Pence did today and his reasoning?
unidentified
I am incredibly disturbed.
So, he claims that he does not want to act unilaterally.
Yet, in the very next breath, he acts unilaterally.
He had the opportunity, with the evidence book, the documents that we sent from Arizona, hey, maybe there's something to this.
Take into account the idea that he could look at this and say, wait a minute, these electors came from a governor.
They didn't come from the legislature.
And the legislature has now expressed to us a desire to have either due process completed or forensic audit.
I think that the least unilateral thing that he could have done is send it back to Pennsylvania, Arizona, and Georgia.
Let's have an opinion.
Let's put some muscle behind having the forensic audit.
steve bannon
You're not, here's the thing, we've got about a minute left in this segment.
John Eastman is going to try to join us from their war room over there.
You're not going to stop these investigations.
So only more and more information.
Are we going to be in a situation that becomes evident to everybody that the electors awarded to Biden were illegally elected, put forward by the governor, and that there's a swath of overwhelming evidence That Trump actually won Arizona?
What situation are we going to be in then to the people in Arizona?
unidentified
I've said this over and over and I'm not going to stop saying it.
This ain't over.
You've got Senate subpoenas out there that if they're not complied with in this session, guess what?
Next Monday at 12 o'clock noon we start the 55th session.
mark finchem
Same Senate President, new Judiciary Chair, they've already got the subpoenas dialed up and ready to deliver the new set of subpoenas.
unidentified
Now, you've got two years to prosecute this.
steve bannon
Okay, ladies and gentlemen, stay tuned, because this is the constitutional crisis we've warned everybody about, right?
We're in the middle of it now.
How we work our way out of it is to be seen.
Next, John Eastman, the President's constitutional lawyer, in the War Room.
unidentified
War Room.
Pandemic.
With Stephen K. Bannon.
The epidemic is a demon, and we cannot let this demon hide.
War Room.
Pandemic.
Here's your host, Stephen K. Bannon.
steve bannon
Okay, we're gonna break a news report in a second as soon as we get it.
I think the National Guard was, I think it's been authorized, not by the mayor, not by the president, but by the vice president.
We gotta get that fact.
Okay, but hang on.
What about, we gotta get to Eastman.
What about Jack?
Do we have a casualty?
jack maxey
Well, it sounds like this young woman who was shot earlier... Who's reporting it?
steve bannon
Greg, you gonna give me the... Okay, I gotta go to Eastman.
I thought we had it.
Okay, it looks like there's been some reporting on this young woman who got shot.
What do you got, Maggie?
unidentified
So, this is kind of wild, but... Okay, don't do it.
steve bannon
Let me come back to it.
Okay, John Eastman, you saw, you were the President's, by the way, you gave a throw-down speech today before the President.
You're his constitutional lawyer.
Can you tell us what your opinion is, an assessment and analysis of Vice President Pence's logic reason in his letter that talks about his unilateral, he doesn't think he has unilateral power.
What say you, sir?
unidentified
Well, look, he's setting out there that he has unilateral power to decide the election.
Of course, that's not what he was being asked to do.
dr john eastman
He starts off with his letter, his statement, saying that there were numerous instances of officials setting aside state election law.
unidentified
That means we have several state certificates of electors that were illegally given and what he had been asked to do is recognize that they had been illegally given and send it back to the state legislatures to allow them and they're the proper constitutional authority in this instance to allow them to assess the situation in their own states And decide whether they can ratify the existing slate of electors or whether they were fraudulently given and should be altered.
That was all the request was.
And so for him to kind of go off on this thing, you're asking me to be the only one to have any power to decide the presidential election.
That's not what he was being asked.
It's not what we asked him this morning.
And that's not what the president asked him this morning.
So I think he's exaggerating what the request was and then saying I'm throwing up his hands and I can't do that.
But he acknowledges at the front end that these electoral votes We're given after illegally changing the state law by non-legislative officials in these states.
And so now we're confronted with, okay, do I adjourn the session that violates subsection 16 of the Electoral Count Act of 1877, or am I to allow to be certified electoral votes that we know were illegally cast, as he acknowledged at the front end of the letter?
And I'm sorry, a little petty statute against the constitutional obligation not to allow our Constitution be shredded by allowing illegally cast electoral votes to decide the election.
That should be an easy call, but that's not what the call that the Vice President made today was.
steve bannon
John Eastman, this is what I've got to ask you.
Hasn't what the Vice President decided, unilaterally, hasn't it gotten us into even a worse constitutional crisis?
Because now we have Pennsylvania, Georgia, and we've got Mark Fincher from Arizona that have presented the receipts and facts and say, hey, this was an illegal process, we need this back, we need time to go through it, and then we'll send you either the right slate of electors or won't be able to do it, won't certify any, and you just go to a contingent election.
Where are we now, and how do we get out of this constitutional crisis?
unidentified
Well, and more importantly, look, we've asked the legislatures to look at this, but their governors refused to call them into session.
dr john eastman
We've asked the courts to look at this, and in almost every instance, the courts have kicked the cases out on procedural grounds, rather than ever looking at the merits.
unidentified
We asked the Supreme Court to look at this, and they refused.
And so I think the American people, who know something went on here, because they can see it before their own eyes, are begging for an opportunity to have this thing looked at fully and fairly.
And when you deprive people of that opportunity, you know, unfortunately, the risk is that they're going to resort to the kind of things we're seeing in D.C.
right now.
That should never happen in this country.
But because we have failed in every one of our formal institutions, some of the people think they've got no other option.
I do not in any way endorse any violence going on.
And by the way, most of the quarter million people that surrounded the Capitol were out there peacefully.
There were a couple of thugs that struck in, but that should not happen in this country.
dr john eastman
But one of the ways we make sure it doesn't happen is you allow the thing to be played out fairly with a full investigation instead of governors and county clerks refusing to comply with valid subpoenas to let them look at the materials from Antrim County, deleting the logs in their Dominion machine that would have allowed us to figure out exactly what happened.
unidentified
These are the kind of things that have people angry and by God they ought to be angry.
We need to allow for this investigative process to play out so people on both sides can have some sense that what happened here and the results here were actually fairly given rather than illegally given.
steve bannon
So where does that leave us now?
You've got kind of Pennsylvania, or the people in Pennsylvania, Georgia, and Arizona just to think, hey, this might have got stolen, or it might have been unfair, it might have been illegal, but since the governor's already certified it and set it up in what is obviously a constitutionally illegal process, you're just going to have to live with it?
unidentified
That's what they're telling us.
And to even question it is to undermine democracy.
Well, I'm sorry.
The undermining of the democracy occurs when you change the rules of the game in the middle of the election, or in the case of Pennsylvania, continue to change them even after the election in order to let your guy win.
That's what undermines our democratic process.
And if people don't have faith in the ballot box as the way to control the government, we no longer have a self-governing republic.
Those are the stakes here.
And by God, one of these institutions has got to recognize that and allow this thing to be heard in a full and fair manner.
Fully transparent!
Let's have this thing be heard!
steve bannon
John Eastman, thank you very much.
I realize you're pressed for time working with the President, but thank you very much.
I look forward to talking to you tomorrow about how we work our way out of this.
John Eastman, the President's constitutional lawyer.
Magnificent speech.
Finish him again by 30 seconds.
unidentified
Steve, just an observation.
From everything that Dr. Eastman has said, and what I've seen in the evidence book, what we have seen around the nation, I don't know how I could come to any other conclusion than this is a coup that we are watching.
And to see the spin that I'm now seeing from the legacy media folks, to see that President Trump called on this, that, I was there, that could be not any further from the truth than what actually happened.
He simply laid out the case, by the way, that Arizona, Pennsylvania, and Georgia have, legislators have done, we laid out, he laid out the case that we laid out for him and presented it to, I don't know, a half a million people today?
steve bannon
Yep.
unidentified
Maggie, real quick.
Yeah, the update that we got.
The acting Secretary of Defense confirms that it was Vice President Mike Pence, not President Trump, who authorized the deployment of the National Guard.
steve bannon
Do we have any update?
We're going to go to Eric Greitens.
Any update on the woman shot?
jack maxey
Also, there is an update.
She has been reported to have died, so prayers for her and her family.
steve bannon
Okay, we're going to pass on, by the way, you can't make it somehow, but Governor Eric Greitens, he's now got the 6 o'clock show on A Real America's Voice.
I want to make sure everybody stays tuned.
There's so much breaking news today.
A day that will live in infamy because of the decision of Vice President Trump, which I think people are still in shock about, right, particularly the constitutional lawyers, and the political leadership in the House and the Senate in Georgia, Pennsylvania, and Arizona.
We'll be back at 10 o'clock tomorrow.
Export Selection