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Jan. 7, 2021 - Bannon's War Room
48:35
Ep 638: The Next Day (w/ FogCityMidge, Kerik, Shines, Spero and Cortes)
Participants
Main voices
d
dr john eastman
14:39
s
steve bannon
16:15
s
steve cortes
05:48
Appearances
r
raheem kassam
03:07
Clips
a
anthony fauci
00:03
j
jack maxey
00:04
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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.
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 100 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.
We have to prepare for the worst, always.
anthony fauci
Because if you don't, then the worst happens.
unidentified
War Room.
Pandemic.
Here's your host, Stephen K. Bannon.
steve bannon
Live from the nation's capital, you're in the War Room.
It's Thursday, the 7th of January, the year of our Lord, 2021.
We've got an awful lot to go through today, a very packed show, and I think a show that is necessary.
We've got to get through all of this.
We have a lot of information to give you, our global audience.
We're going to get back to everything.
We're going to start this morning with a prayer from Bishop Audrey Shines.
Bishop, could you lead us in a short prayer, please?
unidentified
Yes, I can.
God of heaven, of creation, God of Abraham, Isaac, and Jacob, you've given God tools and arms For this nation to operate as so many have abandoned their posts.
So many have left us vulnerable to the dictates of foreign countries like China and others that seek our harm.
So many of our leaders abandon you, God.
steve bannon
Technical difficulty.
We lost Bishop.
But do we have Rabbi Sparrow?
Can we connect?
Okay.
I want to connect with Rabbi Sparrow.
Until we do this, we're going to start today with prayers from Bishop Aubrey Shines and Rabbi Sparrow.
As soon as we get them teed up, we will start the show with that.
But I want to give to Rahim Kassam.
raheem kassam
For a prayer?
steve bannon
Why not?
Ever since you've been engaged, you've gotten on the straight and narrow.
raheem kassam
Look, I'm not going to offer a prayer, but I will offer something of, you know, the last 24 hours I think for all of us have been just incredibly disappointing in so many ways, right?
And there was disappointment, palpable disappointment out on the streets yesterday, there was palpable disappointment during the President's speech in the morning from him himself, there was palpable disappointment on social media and we saw You know, widespread disappointment all across the country at what took place yesterday late afternoon.
We're still getting to the bottom of what exactly happened there and how exactly horrible things came to pass here.
But I will say this, Washington DC, the sun rose again today and Washington DC is safe.
Patriots can go and peacefully have their voices heard and talk to each other and embrace one another.
and talk about the route forward and how we move forward together on all of this and i think the president himself in the statement that was released overnight is is is keen and assured in the fact that hey you know we don't think that what took place on november the third was fine or fair But the way to deal with that is the way that we have been dealing with it, and the way that we will continue to deal with it.
And that is facts, and evidence, and putting together enough people in this country of peaceable nature, and we will challenge, and we will win.
steve bannon
Peaceable, but resolve.
Absolutely.
I may have to play my 12 o'clock high.
You can just talk to me, Cameron, because we're going to produce the same thing.
We got Rabbi?
Let's go to Bishop Shines to go back to Bishop Shines and finish his prayer, and then we'll go to Rabbi Spiro.
We're going to start today, because this is the beginning of a long and difficult journey, but one I know everybody in this audience can do.
So for our global audience, I want to bring back Bishop Aubrey Shines of the Glory to Glory Ministries in Tampa, Florida, hopefully with a little Divine Providence, hopefully our technical hookup is a little better.
Bishop Shines, the floor is yours.
unidentified
Yes!
Excellent!
Can we pray, gentlemen?
God of heaven, of creation, God of our fathers of Abraham, Isaac, and Jacob, you gave us responsibility.
You set watchmen on the wall.
And many of these men, like our Vice President and Senators, have advocated their responsibility.
They have left our nation vulnerable.
God, to the socialist and communistic dictates of countries like China, But you are yet our keeper.
You are yet able to allow the DNA, God, that resonated not just in our founders, but in great men like Frederick Douglass, to reign throughout our veins.
I pray that, God, you would intertwine your strength with ours.
As we fight for the very constitutional republic of this nation, that you would unite hearts and minds together, that we would come together in a mighty way to continue to fight this great fight.
We pray for our president, Donald J. Trump, his family, that you would sustain them.
A man that you ordained and raised to do a great work and a great job.
God help him as those would come against him to mock him.
to laugh at him.
Let him know that he should be encouraged that there are millions of us, oh God, that believe in your divine sovereignty and your province.
Now let your will be done and let your glory yet be revealed in the midst of a crooked and a perverse nation.
Allow the thief to be identified and God will take no credit but will give your name all the honor.
Now unite our hearts and unite our minds as we yet seek to do your will and preserve this great constitutional republic and will give your name all the honor glory and praise in Christ's name we pray amen amen Bishop Bishop Shines, thank you very much.
steve bannon
That's Bishop Audrey Shines from the Church of Glory to Glory Ministries in Tampa, Florida.
Now I want to go to someone we've kind of relied on the last couple weeks.
That's the author of the book, Pushback, about the American Judeo-Christian ethos, Rabbi Sparrow.
Rabbi Sparrow, can you lead us in prayer?
unidentified
Throughout history, this nation has sought God
Under its rubric and belief in Providence, we come to you once again, Almighty, this time with a great heartache and with anxiety, anxiousness regarding our future.
We are a United States And we hope that even with our disagreements, we shall not see brother raise hand against brother on these shores and across this fruited plain.
We come to you in our moment of heartache, Almighty God, and ask That our constitutional way of life, the values of our heritage, and of course, liberty.
That liberty should be proclaimed throughout the land, and that you shall infuse, as you have so many times, your spirit among the people of this country, so that even In our greatest moments of disagreement, legitimate disagreement, we shall remain a United States.
We shall be a land of peace, prosperity, and blessing.
And that while this nation is being tested once again, we know that through your guidance, our belief In your transcendent spirit that rests among us, that we will once again move forward and be a shining city on the hill.
And we ask this in your name and for your glory.
Amen.
steve bannon
Robert Spiro, we were going to have the call open right now, but I don't think after those two prayers we'll hold Kelly Loeffler's voice.
Let's bring in John Eastman.
Do we have John?
We don't have John Eastman yet?
raheem kassam
I've got a lot of people in the live chat saying, oh, woman.
steve bannon
No, no, no, that came from, yeah.
Walk us through, do we have the cold open that we can play?
Do we have Kelly Loeffler?
raheem kassam
I think we want to bring some of the clips in from yesterday.
I wonder if we can get clip eight up here, which I think for me, when watching last night, was one of the pivotal moments.
I think we can roll it.
steve bannon
Okay, let's go.
unidentified
When I arrived in Washington this morning, I fully intended to object to the certification of the electoral votes.
However, the events that have transpired today have forced me to reconsider, and I cannot now in good conscience object to the certification of these electors.
The violence, the lawlessness, and siege of the halls of Congress are abhorrent and stand as a direct attack on the very institution my objection was intended to protect, the sanctity of the American democratic process.
raheem kassam
You know, the extraordinary thing about that is the facts didn't change in that time.
So what happened?
Or was Loeffler stringing everyone along the whole time?
unidentified
I'm sorry, that clip makes my blood absolutely boil.
You're exactly right.
Nothing changed about the facts of the election fraud.
Why is it that we can't still go through the evidence and make a vote based upon that?
...betrayed when I see something like that, especially when just the day prior, while Trump's out there campaigning for her in Georgia, you know, she's saying that she's, she's gonna object.
raheem kassam
She's up on stage, she wants that moment.
But, and here's the thing, other people respectfully objected and respectfully put their case across.
Holly, and Gates, and Gosar, and all these guys, respectfully, given what happened yesterday, to their colleagues in that chamber, respectfully put their cases across, and walked people through it.
And we have all of those clips.
I want the audience to know that we're going to play everything there.
steve bannon
And by the way, you had both the House and you had the Senate.
And remember, with Mike Pence making the decision, and we're going to have Eastman on here to walk through what that decision was, Why?
We totally disagree with that decision.
The whole thing was set up to revert back to the states.
We've got Senator Ligon from Georgia, who I have for later in the show.
Mark Fincham from Arizona.
We're going to talk about, hopefully get Sean Parnell to talk about Pennsylvania.
Those states, the state, the legislatures are saying they have a problem with the legality of how these things were put forward.
unidentified
Okay?
steve bannon
We had that.
The other plan was to take at least six states, maybe seven states, but at least six states that the House was going to object to, and to be able to take 12 hours in each body, 24 hours.
Let me repeat that.
Two hours per state for six states, 24 hours, and to have a venue that you could actually put forward, you could actually start to put forward the evidence.
Start to put forward, start to put forward the evidence on a essentially a world stage because the whole world was going to be watching, right?
What happened yesterday afternoon, we are not defending that.
And we understand people are mad, but that's what we keep saying.
Focus, not fantasy.
We're about winning and we're about saving this country and taking this country to the next level.
Okay?
And we understand people's anger.
And we understand what people, you know, say, hey, I keep voting for this.
But one of the things we keep emphasizing, these are the people you put in.
Right?
This is not Democrats that were thwarting us.
These were Republicans.
Kelly Loeffler is a Republican.
And here's what happened last night.
We didn't even get to all the things, but you did see in those moments What could have been if we had had the 12 hours?
You got to see some of the Jim Jordans, and the Gosars, and the Gates, particularly in the House.
I was quite disappointed in the Senate, right, because it became just an exercise in rhetoric, not an exercise in really in prosecution or in evidence.
And so, we're going to go all through this today.
Also, we're going to get into, actually, a cut of what happened yesterday.
Talk about the Capitol Police.
We've got some pretty shocking videos.
We're going to have Bernie Kerik.
We're going to have Jack Posobiec.
We'll have Fog City Midge.
I mean, even maybe Michael Yan, the combat correspondent who we couldn't get his footage.
He's got some footage.
Talk about Antifa.
Talk about the Capitol Police.
Talk about what went on.
And this is not to whitewash anybody that went up there.
Remember, the power of what happened in November.
There were a million people here.
And it was peaceful and powerful, and that's what put the fear into the elites in the city.
Yesterday, that beginning of that was so powerful, right?
Over a million people listening to the President's speech and starting to march up there.
Okay, we've got a lot to get through.
We hope we got John Eastman, the great constitutional scholar, the lawyer of the President, next to walk through exactly what happened with Pence and where are we.
Steve Cortez, Bernie Kerrick, Jack Lesovic, a whole show, senators from both War Room Pandemic with Stephen K. Bannon.
unidentified
The epidemic is a demon and we cannot let this demon hide.
War Room Pandemic.
Here's your host, Stephen K. Bannon.
steve bannon
Hey, we're not here to kid you.
We've got a long, tough fight ahead of us.
If it was easy, everybody would do it, right?
This is what they mean by summer soldiers and sunshine patriots.
This is also what we mean by fantasy versus focus, the signal and the noise.
So we're trying to give you pure, unadulterated signal today.
We start with Divine Providence.
Now we're going to go to one of the smartest guys, I think, in the country and one of the most controversial.
It is the President's constitutional lawyer, John Eastman, has argued his cases or put his case together that we're going to go to the Supreme Court and put the argument together.
around what happened yesterday.
As soon as we get that clip ready with Mike Pence, let me know, because I want to play that.
Is it ready?
unidentified
No.
steve bannon
Okay, fine.
Just let me know.
We're kind of producing on the run here.
Professor John Eastman joins us now.
Professor, thank you very much for joining us here on War and Pandemic.
dr john eastman
Thanks, Steve, for having me back on.
steve bannon
OK, I want to go just to the heart of Pence's letter yesterday, and I have spent a lot of time overnight and yesterday talking to people I respect, constitutional lawyers, some of whom agree with you, a lot who don't agree with you.
So I want to go back to the heart of the case of what Vice President Pence's powers actually were.
dr john eastman
Well, and I also think it's important to set out what we think the authority is, but also what he was being asked to do in a very modest exercise of that authority.
The Constitution's 12th Amendment doesn't specify what the authority is or what the lack of authority is.
It just simply says the Vice President will preside over the joint session of Congress And shall open all the certificates.
And in the presence of the House and Senate, those certificates shall be counted.
Now, and I'm not the first one that has come up with this.
A lot of liberal scholars published articles back after the Bush versus Gore fiasco in 2000, saying that it remains an open question just how much authority the vice president has to decide whether certain electoral votes that look like they were illegally cast should be counted or not.
And they've argued That there is certainly a plausible constitutional argument that is within the Vice President's power to make that determination and that the House and the Senate more broadly are just there to be present and observe while he's making that determination.
In other words, the political check rather than any legal check on the authority of the Vice President.
I think at the end of the day that may not carry the day, but it is certainly a plausible argument and some of these scholars have acknowledged it.
Now, that would, of course, allow the vice president to say, I'm going to pick the Trump electors, not the Biden electors, or I'm going to unilaterally decertify the Biden electors.
And his letter yesterday, that's all it talked about.
I'm not going to claim any unilateral power to decide this election.
But that's not what he had been asked to do.
The president on several occasions has said, I believe you have the broader power, but what we're asking you to do is simply put a hold on this for 10 days.
So that the legislatures can continue their investigations to then let us know whether, in their view, their laws were violated which make those certifications illegal.
And the Vice President agreed with that statement.
The very opening of his two-page letter that was issued yesterday morning said there have been numerous instances of officials in the states setting aside state election law.
That means the elections were illegally conducted, and because those elections were pursuant to federal constitutional authority, they were unconstitutional.
And so now he's confronted with the issue, should I blindly accept clearly unconstitutional slates of electors that were sent to us, or stick with a statutory provision that says we can't adjourn the session once it opens?
And he said, I got to follow that procedural law.
Well, then later in the same night, they all violated other provisions of that same procedural law.
It also says when you have objections and you go to the two houses of the Congress, the debate must end at two hours and a vote shall be taken.
It's mandatory.
Both House and Senate continued that debate well longer than the two hours allotted.
And I'm not talking about the interruption delay.
I'm talking about the amount of time devoted to the debate.
Well longer than two hours.
They then took the vote and another provision of that Electoral Count Act says they shall immediately go back into joint session.
They did not.
Mitch McConnell moved to have more debate so he could make his statements.
And the Vice President who said he could not violate that Electoral Count Act because it was sacrosanct, granted that motion to violate the Electoral Count Act.
So this was the biggest bunch of crap I've ever seen.
And it was all designed to refuse to allow evidence to be put in that we had a significant violation of state law that led to illegal certifications of voters.
And just asking for an opportunity for the legislators, whose governors refused to call them back into session to allow this evidence to be heard, now that they're back in session to hear these evidence, let the American people see what happened and decide for themselves, was this a fair election or was it a stolen election?
And until we get to the point where we have some legitimate body that will answer that question, We're going to have half of the country of the firm belief that it was stolen.
That's what we were asking the Vice President to do, and it would actually have amped down what we saw yesterday.
steve bannon
Hang on, I want to go back through this slowly, because we started here for a reason.
We've got a logic, an internal logic, of how this show is going to roll out.
We didn't want to chase the signal or the noise of what happened yesterday, although it is important and we're going to get to that.
I want to go back to a statement you made.
That these electors, and I guess specifically the six, but specifically Pennsylvania, Georgia, and Arizona, and we're going to have a state senator, head of the Judiciary Committee, Senator Ligon, on later in the show, and Mark Fincham from Arizona, Senator Ligon from Georgia.
You say that they are clearly unconstitutional.
Clearly unconstitutional.
What do you mean by that, Professor?
dr john eastman
So, Article Two of the Constitution Section one clause two makes unambiguously clear that the power to determine the manner for selecting presidential electors is vested in the legislature of the state.
They do that by passing statutes on how elections to choose electors are going to be conducted.
A lot of those statutes have real significant restrictions on absentee voting because we know that that that method of voting is ripe for fraud.
They have signature verification.
They have requirements of witnesses in some states.
You have to have those applications submitted so many days before the election and then returned with your own, you know, filling in your own address to confirm you're still at the same address where you registered to vote and sign it so that the signature verification check can be done.
Those provisions designed to protect against fraud were unilaterally abolished or altered by state election officials in Georgia, in Pennsylvania, in Wisconsin.
And then when you conduct an election without all those anti-fraud checks in place, You've opened the door for fraud, and then they certified the election conducted in violation of the state law.
State law is enacted not pursuant to state authority, but pursuant to federal constitutional authority.
And that meant that those validations are unconstitutional.
And that's the very opening of Vice President Pence's statement was, there were numerous instances of officials setting aside state election law.
In other words, at the front end, he acknowledged the illegality of those certificates.
But then felt bound to just be, you know, I guess the potted plant to just say, well, we're just going to count all the illegal certificates without any anybody, you know, actually looking at evidence about whether those illegalities alter the effects of the election.
That's what I'm having trouble with.
And giving us that time was all he was asked to do, to put the thing on hold a little bit, to let this investigation and assessment run its course.
steve bannon
Senator Corman of the President Pro Tem, the head of the Senate in Pennsylvania, has sent a letter to Mitch McConnell and to Schumer from the other day.
The Georgia Senators have sent petitions.
You've had one from, I think, from 30 members in Arizona.
How important were those letters and those transmissions of their problems?
How should they have weighed into the calculation that we have a problem here?
We have a problem in these states.
You have major players who are not Trump, they're not guys in the March yesterday, right?
These are people that are serious people that are, I'm not saying that March is un-serious, but these are serious people who happen to be moderate Republicans by and large, or old-school limited government conservative Republicans who are not pro-Trump.
They are pro-Constitution.
How big a, just as what we call in litigation, a bad fact, how bad a fact is that is for the legitimacy of this process?
dr john eastman
It's a it's a huge backtrack for the other side.
And, you know, I've been saying all along, I would think Vice President Biden now apparently President-elect Biden, after yesterday's vote, would would welcome the transparency and the investigation, because if he's actually confident he won the election and there was no fraud here and, you know, despite half the country thinking there was, he should welcome that.
With a huge spotlight on it, in his view, to prove that there was no fraud or whatever fraud there was was insignificant compared to the margins so that people can assess it themselves.
But at every turn, that effort to investigate has been shot down.
Those letters, I think, is what led Vice President Pence to say at the outset, we have serious allegations of voting irregularities and we have numerous instances of officials setting aside state law.
That calls into question the validity of those certificates.
And at the very least, we should have allowed a little bit of a breather.
Because the governor's refusing to let these legislatures call themselves into session to take formal action.
And just kind of put the kibosh on the whole thing.
That's what's got people so angry.
Nobody has ever actually been allowed to look at this stuff in a serious way.
And until we do, I fear that the thing is not going to be resolved.
steve bannon
I just want to present for a statement.
Can you stay or just the break?
I just want to go back to your procedural issues.
Our audience is blown off.
Just if you get some break.
raheem kassam
Yes, we have breaking news here as well.
Just for so that people understand our YouTube live chat has now been taken down appears by YouTube.
So people cannot comment anymore.
steve bannon
The live chat has been shut down completely because of because of taking our prayer is our prayer to okay, the live chat has been taken down.
jack maxey
I think it may have been Professor Eastman is showing up with the receipts.
steve bannon
Professor Eastman, just hang on for one second.
We're taking a short commercial break.
We'll return with Professor Eastman.
raheem kassam
People can go, remember to go to stopthesensors.com.
Stopthesensors.com.
Give us your email address so we can continue to communicate with you about where we're going to go for a platform.
steve bannon
And hashtag warandpandemic.
Make sure we see that.
Okay, we're going to take a short commercial break.
We'll be back in a moment with Professor John Eastman.
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.
When I arrived in Washington this morning, I fully intended to object to the certification of electoral votes.
However, the events that have transpired today have forced me to reconsider, and I cannot now in good conscience object to the certification of these electors. The violence, the lawlessness and siege of the halls of Congress are abhorrent and stand as a direct attack on the very institution my objection was intended to protect, the sanctity of the American democratic process.
steve bannon
By the way, just remember, it was a couple hundred million dollars raised for her to try to get her back into the Senate.
Just want everybody to embrace that.
They've taken it on the live chat, and here's the reason.
Consider it a compliment.
They understand the power of this show.
They understand the power of you, this audience, on a global basis.
Okay?
This is what the firewall's about.
But just take a deep breath.
It's all going to be fine.
We've got a long journey ahead of us.
Right?
But this is a group, this audience, This show, this audience, this global audience, Lao Bajing in China, the Deplorables, Gilets Jaunes, throughout the world, okay?
One thing I know is that they're not summer soldiers and they're not sunshine patriots, okay?
I want to turn now to Professor Eastman.
Just before I get back to the procedural, I just have a question and this is, I think, as we watch it, you know, all the way into the wee hours of the night and they kept, you know, not talking about states and dropping things.
The facts of what you're talking about, this constitutional crisis at the state level at Pennsylvania, Georgia, Arizona, Wisconsin, and Michigan, and let's throw in Nevada there too, is the constitutional crisis that we're still in, right?
Even with the certification of the Biden electors last night at 3.46 in the morning.
Is Senator Loeffler wrong?
Has anything changed?
Did the facts change that she should have come back and said that?
dr john eastman
No, look, the reason she was going to object was because the electoral votes from those four states, at least, were illegally entered because the state statutes were ignored deliberately by state election officials, oftentimes in collaboration with the Biden campaign.
That didn't change.
The validity of those electors calling into question, which is what the purpose of the objection was, didn't change.
That means that the democratic process had been messed with, had been altered deliberately by partisan, by non-legislative officials in those states in violation of the federal constitution.
That didn't change.
And the notion that a couple of Antifa-led break-ins to the Capitol from an audience that was a half a million to a million people outside the Capitol, peaceful, Would get her to say they're the ones that are undermining our democracy.
steve bannon
When it was the illegality... But hang on, but let's say it's not even Antifa-led.
Look, we still have to determine the facts of all of it.
I understand a lot of the audience is saying it's all Antifa.
Hey, Maggie was up there.
Let's be honest, there were some elements that had gone to the speech.
So I don't want to get into a debate about that, but my point is, whether it was Trump people or Antifa, Whoever came in there, or CCP, or whatever, or bad guys, whoever, or a collection of Benedictine nuns, okay?
Does that even make any difference?
No, does that make any difference to continue that, does it?
dr john eastman
No, and let me be very clear.
Anybody that violated the federal police line ought to be arrested, and we ought to get to the bottom of that.
But it does not alter the fact that state legislative officials violated their state law in conducting an illegal election in violation of Article 2 of the federal constitution.
And that issue still needs to be resolved, and it was on that issue that she was going to object, and that did not change when she decided not to object.
The undermining of the democratic process, the manner of choosing electors, to use the language of the federal constitution, that had been set in place by the legislature, that was ignored by state election officials, deliberately to skew the election, that did not change.
And you want to talk about undermining our democratic process, it's by one side refusing to play by the rules that are set out by the constitutional branch that is allowed to set those rules.
And then claiming, you know, we're not allowed to question that.
That was the purpose of the objection, and nothing that happened yesterday afternoon changed that.
steve bannon
Okay, I want to go back to the procedural.
Go back to the procedural and make that argument again, because I think this is also very important.
It might have been lost in the wee morning hours of how this proceeded.
Go back to your procedural problems you had.
dr john eastman
Well, the procedural problems I had was, The electoral count act of 1887, there are some provisions of it that are clearly unconstitutional.
Nearly everybody acknowledges that.
There are other provisions that are of dubious constitutionality, but may well pass if it ever got to court challenges.
The various procedural requirements, like once you begin the session, you can't adjourn.
Uh, like, like when the two houses, uh, break into their separate houses, um, uh, after an objection, they're only allowed two hours of debate.
And at the conclusion of the two hours, they must be a vote and then they must immediately return to the joint session.
Now, the vice president said, I can't, I can't violate that one provision about adjourning it and do what the president has asked me to do.
Just send this back to the legislatures.
But then the other provisions, later in the evening, he violated!
So if it was so sacrosanct that it couldn't be violated in the least particular, why did he allow it violated to allow statements made by Mitch McConnell and Chuck Schumer?
steve bannon
I want to make sure everybody gets this.
I want to slow down for a second.
He said all this stuff is so sacrosanct, right?
On an act, and every constitutional lawyer I've talked to, even guys that do not agree with your interpretation of the powers he has, To a person, everyone said, oh yeah, well the Electoral Count Act of 1877 has clearly got unconstitutional pieces of it and would be overthrown, right?
He takes the procedural aspects of that as holy writ.
A federal statute is holy writ.
Only later Do they actually come out and have all kinds of procedure stuff?
And here's what the procedures were, and please correct me if I'm wrong, because I don't want to overstate this.
All of the waiving of the procedures was just to allow a beatdown on President Trump, President Trump's followers, and what they thought about the case.
That we were trying to make from the evidence.
Is that essentially correct?
All the procedural waivers?
The continuing of the debate was not to have more evidence in, not to talk about this constitutional crisis you've got these states, not to talk about this.
It was just more pontificating or more rhetoric on a beatdown of Trump and the Trump movement.
Am I generally correct in that?
dr john eastman
Yeah, you're correct.
I guess it's okay to violate the statutory requirement of no more debate than two hours.
No debate whatsoever after the vote is taken.
And immediately back into joint session once that vote is taken.
And in the joint session, no motions other than the objection and no debate other than the objection.
All of those things were violated.
But the real key thing that they didn't want to look at, which was violated, is we had a slate of electors that were unconstitutionally given.
And the state legislatures ought to have already taken as much steps as they were allowed to take because their governors were refusing to call them into session where they could take a more formal step.
They had sent letters saying, our electoral votes were issued contrary to our law.
That's a federal constitutional violation.
But we're not supposed to ask any questions about that.
Because that one, that one's not the sacrosanct.
The procedure about not adjourning or the procedure, you know, that's a holy writ.
I'm sorry, when you've got an unconstitutional action and a statutory violation, it's the constitutional thing that ought to be of greater concern to us.
steve bannon
Why couldn't the, you've said this and I've heard this many times, why couldn't the state legislature just, why did they have to go about the rules of the sessions on state law when this is about the electors which is federal and directly tied to the Constitution?
Why couldn't they just call themselves into session?
dr john eastman
Well, I believe they could have and I urge a number of them to.
Their state constitutions in each instance said they could only be called into special session by the governor.
I believe that the Article 2 power they had trumps that.
There's a Supreme Court decision a few years ago in the Arizonans redistricting case that suggests that maybe some restrictions on state legislative power that are in the state constitution might be valid.
And so there's uncertainty there.
But so in the face of that uncertainty, without a court specifically addressing this specific issue, they were a little afraid to do it.
I kept encouraging them to do it, but nobody did.
But we did get what they could do, which was Letters saying, you know, by almost in every instance, a near majority of the legislators, you know, and then, you know, you can imagine the pressure to be brought to bear on the last couple to get over the line if they were in formal session, saying, our electoral count that was submitted to you is based on fraudulent numbers conducted in violation of our state law.
Give us more time to conclude our investigations and then report back to you on whether we think those violations were significant enough to alter the results of the election.
That's all that the Vice President was being asked to allow to happen.
steve bannon
Okay, Professor, one last thing before we get to Steve Cortez.
We're going to have state senators on here, we're going to continue to pursue this over the days because this is a constitutional crisis.
What would be your guidance, not just to the President, but to the nation, of how we work ourselves out of this crisis?
dr john eastman
Well, you know, I think after last night's vote and the president's statement this morning that we should accept the results of that election and go forward.
But the way we have to go forward is the current case is still pending.
Need to address the underlying question.
Can non-legislative and in some cases even unelected state executive or county election officials collaborate with the opposing campaign to skew an election?
Can they ignore state laws?
If we don't get that fixed, Then the constitutional authority to set the manner for choosing electors vested exclusively in the legislature of the state, which is where we the people have an opportunity to prevail because it's closest to us.
If that's gone, if that's gone out of the window, we're no longer self governing.
That has to be our focus going forward.
This is now much bigger than the particular election.
And I think we can get beyond the particular election and look at what happened here.
And if we don't, if we don't, then we're abdicating our responsibility as citizens, it seems to me, to ensure that the government is chosen in a manner we set out and therefore that we, the sovereign people, still have control of its direction.
steve bannon
But if Pennsylvania, Georgia and Arizona, you know, you say get past the election, understand last night Biden's electors were certified.
The president put out a statement.
But how do you still get around the thing that you're going to argue in court that you still had these electors and these state legislatures that have said and have letters on the record Saying they were illegally put forward.
How do you, if you're in a state, and particularly if you're a state and you're Republican, and particularly for this audience that's sitting there going, hey, you know, I'm playing by the rules, I'm coloring inside the lines, but I don't quite see how this thing lines up, because it seems like the courts Never quite give us a standing, you know, we never talk about the merits.
I got a bunch of Republican guys up here that don't, that, you know, come back and say, oh no, because, because of a riot, let's say, we don't want to get to the facts of this case and then cut off debate.
We got about a minute.
How, is that just going to be, people are just going to live with it?
It's just a festering sore?
Is this going to be a wound that's going to be there?
dr john eastman
It'll be a wound that festers more if we don't get to it.
In our Pennsylvania cert petition on behalf of the president, We said, look, even if even if this is not resolved and taken up before the electoral votes are counted, it is still not moot.
This particular president remains eligible to run again in 2024 if he chooses to do so.
That meets the requirement of an exception to mootness.
And I think the underlying question about whether state non-legislative officials can alter the state election law on the eve of the election or in Pennsylvania's case, even after the election, I think that has to be resolved.
And I think once we get past the current partisan controversy over this election, maybe the Supreme Court will take it in a dispassionate way and resolve that.
And the answer is real easy.
The answer they've previously given is, no, you can't do that.
They need to reaffirm that position right now.
Or every single election, we're going to have this kind of chaos created by violations of state law right up until the eve of the election.
steve bannon
Okay, Professor Eastman, thank you.
We'll get your social media up so people can follow you.
Thank you very much, and thank you for all the work you've done for the president and for the country.
dr john eastman
Take care.
steve bannon
Professor John Eastman, yes sir?
raheem kassam
I want to make sure that everybody is still commenting, liking, sharing, everything that you can possibly do.
Hashtag War on Pandemic.
StopTheCensus.com.
There's 43,000 people watching live.
Hit that share button.
steve bannon
Show YouTube.
raheem kassam
Show exactly.
Show YouTube.
They can try and censor you, and the audience will only grow.
steve bannon
Yeah, we did.
That's happened after Twitter.
Look, we're not going to stop.
We're going to be straightforward, and we're going to put forward facts, right?
We're going to get Steve Cortez, the one and the only, next on War Room Pandemic.
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.
We're not going to go any logical progression.
You heard Professor Eastman.
You heard our humble prayers to Divine Providence by Rabbi Sparrow and Bishop Aubrey Shines of the Glory to Glory Ministry from Tampa, Florida start the show.
And now I want to go to Steve Cortez.
Steve, it wasn't just Kelly Loeffler.
It was others that came back after the incident yesterday and basically punted, right?
And we had this, you know...
It was going to be 12 hours of testimony in each House of Congress, the House, and the Senate.
Particularly, Jim Jordan and the guys in the House, and Matt Gaetz, we'll get some polls later, have been pretty jammed, really were showing the receipts, going through details.
That all kind of got brushed aside because, I want to go specifically to Loeffler.
Walk me through this.
Why did that happen?
unidentified
Right.
steve cortes
And by the way, you are right.
You talk a lot, Steve, about how courage is contagious.
Unfortunately, cowardice can also be contagious.
And I'm afraid it was yesterday in the United States Senate.
But I think it's particularly egregious for Kelly Loeffler.
And here's why.
Because literally her promise to the people of Georgia, to the good citizens of the Peach State, her promise was literally just hours old.
Her conviction or her alleged principled stance where she promised to be elected, that she would object to the votes and then change later.
And to Raheem Kassam's point, nothing changed regarding the vote.
No events in Capitol Hill had any bearing upon the validity of the vote in Georgia, or I should say the invalidity, really, of the vote in Georgia.
So she showed herself, unfortunately, to be a Benedict Arnold.
She betrayed the citizens of her state and patriots all over the country.
But here's the thing, Steve, and here's the bigger point.
Rather than just complaining about Kelly Loeffler, what does this mean for us going forward?
Because we have to live and learn.
We have to learn the lessons and what they mean going forward for our movement.
We can't say that we weren't warned because we were warned about who Loeffler actually is.
We were warned, actually, last spring when the news broke of her insider trading scandal.
When she was very new to the United States Senate, appointed over the objections of President Trump, by the way, who wanted Doug Collins.
And if Doug Collins had been appointed Senator, I fully believe he would have been elected Senator this week.
And we would have a sitting Republican Senator from Georgia and a great one.
Instead, unfortunately, Governor Kemp, who we now know who he is, Governor Kemp appointed Kelly Loeffler.
When she was very new in the Senate on January 24th, just about a year ago, she got a briefing from Dr. Fauci and other top officials of the United States government, health authorities primarily, intelligence people also, about just how serious this coronavirus situation was in China.
At that time, outside of the war room, outside of Steve Bannon and his crew, very few Americans were aware of the risks that were attendant and the risks that were looming for the global economy.
What did Loeffler do?
She literally went and sold millions and millions of dollars of stock over the next several weeks.
As a matter of fact, Into mid-February, she and her husband made a total of 29 stock trades.
27 of them were sales, Steve.
Only two were buys, and one of the buys, by the way, conveniently, was of a software firm that specializes in at-home working, in teleworking software.
Now listen, even if this was somehow unintentional, which seems very doubtful, the optics are absolutely terrible.
By the way, speaking of her husband and the enormous wealth that she and her husband hold, her husband is the chairman of the NYSE.
Connecting this back again to China, the NYSE, along with a lot of its member firms on Wall Street, has been instrumental, unfortunately, in financing The Chinese Communist Party.
So my point here, Steve, is that we knew that she was a very troubled candidate, to say the least.
I started to say so back last spring.
I had my hands slapped.
A lot of people within the Trump world asked me to hold my fire, which I agreed to do.
In retrospect, I wish I hadn't.
But here's my point going forward, Steve.
We need to recruit serious, committed, America-first candidates.
We cannot dance with the devil.
We cannot try to prop up somebody like Kelly Loeffler, who as soon as things get difficult, is going to betray us.
If we are going to be the serious movement to transform America that we can be, And we're still in the early innings.
You know, I was very pleased that Donald Trump put that in his statement that he released overnight.
These are early days of this American nationalist movement.
We have to believe that.
And I know things are hard right now for all of us, but these are early days of this movement.
But a crucial path forward for the movement is we need to recruit candidates who meet really serious criteria.
And what I mean by that, what do I mean by the criteria?
How are we going to evaluate candidates?
They need to have, number one, courage.
Number two, intellect, and then number three, skills.
And if we evaluate them on those three criteria, by the way, Kelly Lefter would have failed to meet the mark on all three of those criteria.
But if we look for people who have courage, who have intellect, and have skills, and when I say skills, I primarily mean media skills, because I think that's what's most important in this digital age we live in.
But if we recruit and finance and train those kinds of candidates for elections, and I mean starting right now, because we have to get ready today, For 2022, then this Trump movement, this America First movement is young and can still thrive and succeed into the future.
But we cannot have any more situations where we have failed, corrupted, turncoat candidates like Kelly Loeffler.
steve bannon
Cortez, one last thing, and you've got about a minute and a half.
So many people that are watching this show, so many people overnight go, hey, I'm just through with voting, there's no institutions that are faithful, we get backstabbed all the time, I'm just going to give up.
What would you say to those people right now?
unidentified
Right.
steve cortes
And I'm hearing that a lot.
First of all, I would say I understand your angst.
I 100 percent do.
So I get it.
OK, but that is not the answer.
You know, to to quote Maximo Alvarez, he's that amazing Cuban immigrant who spoke at the Republican National Convention.
I thought he was the best presentation of a string of wonderful presentations.
He said because he fled to this country and he said there is nowhere else to go.
And it's exactly right.
There is nowhere else to go.
This is it.
America is the last stop for freedom.
So we have no choice.
But to work hard, to roll up our sleeves, is it easy?
Of course not.
It's not easy.
But what we are attempting is so great, it's so transformational for this country that we have to continue.
So what I say to those deplorables out there, I understand your frustration.
I understand that you don't want to vote again.
And by the way, look, I'm not being Pollyanna, saying everything is fine.
A big part of what we also need to do in 2021 and 2022 is make sure that all of these states reform their voting systems.
So that we know voting is valid and real and the system's not going to be gamed, but we can do all of this.
steve bannon
Okay, Steve Cortez, real quickly, what's your social media?
How do people follow you?
steve cortes
I'm at CortezSteve on Twitter, Cortez with an S, over at Parler, Steve Cortez.
steve bannon
Okay, thank you very much Steve Cortez.
Raheem?
raheem kassam
Okay, stick around because we have the Adam Kinzinger clip.
steve bannon
Okay, fine.
Remember, what they're trying to do also is break you.
They're trying to break your spirit.
They're trying to get you to quit.
They want you to quit.
They want you depressed.
They want to break your spirit.
Okay, I'm long MAGA.
I'm long this audience, right?
Kelly Loeffler's short in American stocks are bailing out during the pandemic.
Where long, you guys?
You know why?
Because we know you're not summer soldiers or sunshine patriots.
What do you got, Maggie?
unidentified
Just breaking.
Zuckerberg says Facebook and Instagram are blocking President Trump from using their services indefinitely.
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