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Dec. 20, 2023 - Bannon's War Room
48:34
Episode 3260: Constitutional Arsonists In Colorado
Participants
Main voices
a
alan dershowitz
08:11
m
mike davis
05:18
s
steve bannon
14:17
Appearances
j
jeffrey clark
04:03
k
kash patel
03:54
Clips
j
jake tapper
00:08
k
kaitlan collins
00:13
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Speaker Time Text
unidentified
The Trump side appealed part of it, and the plaintiffs appealed the other part of it.
And so it was a real question as to what the Colorado Supreme Court was going to do here.
But I mean, let's keep in mind the scale of this.
So this is about Colorado only.
You said it will likely be appealed to the Supreme Court.
It will certainly be appealed to the United States Supreme Court.
And then their ruling I mean, depending on what they rule, they could just swap this down and make this go away.
But if they engage with it in a more nuanced way, or if indeed they agree with the findings of the Colorado Supreme Court, then this will be something that has national implications.
And this will apply in many states.
And so, listen, I don't think this is the way that Donald Trump's political career ends, ultimately.
what we know about this iteration of the United States Supreme Court. But the factual findings about him having engaged in insurrection as defined technically for the purposes of section 3 of the 14th Amendment which says insurrectionists cannot hold office in this country. It's not that you can't run for office, it's that you cannot hold office in this country because you have broken your oath. That is a, it's not a flippant decision.
They faxed that.
They did fact-finding to arrive at that, and it's going to matter some way.
I don't believe it will be a magic wand that ends his political career, but this is a substantive finding and a real surprise from the Colorado Supreme Court.
I think it's completely misplaced.
I think this Colorado Supreme Court decision is badly wrong for multiple reasons.
Number one, the 14th Amendment provides that Congress can pass legislation to carry its provisions into effect, which Congress has done on many aspects.
It has not put anything with respect to Section 3 on the books since just after the Civil War.
Second, the idea that fifty different state courts can can decide a question involving the highest elective office in the executive branch interpreting the federal constitution as to what constitutes an insurrection against the federal government uh... is is incoherent and i think undoubtedly the supreme court's gonna have to clear that up in terms of what the framers of the fourteenth amendment man
I think it's quite clear that the radical Republicans in Congress, who wanted to suppress the secessionist advocates and governments of the southern states that succeeded, would not provide on this critical question of the offices that are going to be denied to people who broke their oath to the United States, that you're going to put decision-making authority on that in the hands of the states, including the former secessionist states.
If that was their intention, they were they were delusional when they did it so I'd be willing to bet a small amount of money here that the Supreme Court if it gets to the merits of this if it has to will reverse. There's no other logical way you can apply this and it would sow chaos in elections as far as the eye could see.
The obvious first question Frank what do you think the impact of this ruling will be on their support for him? It's going to be exactly what the indictments did. It's going to be exactly what the criticisms have done.
Donald Trump thrives on negativity.
He thrives on legal systems that try to hold him accountable.
And I'm convinced that his polling numbers are going to go up.
Just today, the New York Times published six key swing states that had Donald Trump up beyond the margin of error in five out of the six.
The polling earlier, a month ago, was significant.
Trump is gaining.
The more that he is prosecuted, the more that he is condemned, the higher his numbers go as people rally around him.
And I would say to the judges, as I said to the Justice Department, you're actually making it more likely that Donald Trump is elected next November by how you are pursuing this.
You don't explain the decisions.
You don't put things in context.
And so Trump climbs and climbs and climbs.
And right now, he's beating Joe Biden clearly nationwide.
Well, you know, the judges would say, look, we're just going by the law without fear of favor.
And I mean, but does the context even matter to Trump supporters?
Because there have been.
I mean, tonight's ruling was really lengthy, explaining point by point why they believe he incited the insurrection, why the 14th Amendment applies to him.
But to the average Trump supporter, that Does that context even matter?
Is this more about once again, Trump is the victim of the deep state kind of thinking?
It actually proves Trump's point.
It proves that the people in charge, the people in power are trying to take him down, but it's not, you're not trying to reach all the Trump voters.
You're simply trying to reach three or 4% of them that will make a difference in this election.
Now, make no mistake, there is very few undecided voters right now.
There are very few people going back and forth between Trump and Biden.
It's more about those people are trying to decide whether or not to vote.
And I got to tell you, Nikki Haley was gaining and gaining and gaining every single day, but she's going to be lost in the coverage for the next few days, maybe for the next couple of weeks.
As Trump turns this to his advantage, he is the best victim politician I have ever seen in my 35 years in doing this, and this is exactly what he would have wanted in the run-up to the Iowa caucus.
Very quickly, because it stuck out to me in looking at these polls, how many people who sat out in 2020 are now saying they're going to vote and they're going to vote for Trump.
So you think this just sort of supercharges that, right?
It's going to just bring more people out to vote for him?
And the state that blew me away was Nevada.
Because that's a state with a significant percentage of Latino votes.
Trump has been screaming about illegal immigration and Nevada seems to be rewarding him for the language that he uses and for the intensity of his message.
If Nevada is going this much for Trump, that ought to send you a big signal about what's happening in America today.
So I think this case will be handled quickly.
I think it could be 9-0 in the Supreme Court for Trump.
steve bannon
This is the primal scream of a dying regime.
Pray for our enemies.
unidentified
Because we're going medieval on this, people.
steve bannon
You're not going to free shot all these networks lying about the people.
The people have had a belly full of it.
I know you don't like hearing that.
I know you try to do everything in the world to stop that, but you're not going to stop it.
It's going to happen.
jake tapper
And where do people like that go to share the big lie?
unidentified
MAGA Media.
jake tapper
I wish in my soul, I wish that any of these people had a conscience.
unidentified
Ask yourself, what is my task and what is my purpose?
steve bannon
If that answer is to save my country, this country will be saved.
unidentified
War Room, here's your host, Stephen K. Babb.
steve bannon
It's Wednesday, 20 December, the year of the Lord 2023, a bombshell.
Yesterday afternoon, we were able to break it on the six o'clock show.
We're going to have Akash Patel, the fact witness in the in the district court in Colorado, will join us.
We got Dave Williams, the chairman of the Colorado GOP.
We have John Fund, columnist for The Wall Street Journal.
Mike Davis will join us.
Jeff Clark will join us.
So we're going to go through this in excruciating detail as it needs to.
Our first guest, though, is Alan Dershowitz, probably the most prominent constitutional lawyer in the nation, Lawrence Tribe.
Professor Dershowitz, you wrote this book, Get Trump.
Every day, and people have got to buy this book and read it, it is prophetic.
Did you ever imagine, though, when you wrote it, that actually you would have a state Supreme Court that would actually take Donald Trump off the ballot as a presidential candidate on the charge of insurrection, sir?
alan dershowitz
Not only did I worry about it, but I wrote about it in Get Trump and in other books and op-eds that I've written.
I've always thought this was the, to use a bad phrase, the Trump card that the Lawrence tribe, Jamie Raskin,
Constitutional abusers would finally pull out, because if it works, it defeats him, because you can get him not only off the ballot in Colorado, but you can probably get him off the ballot in a half dozen purple states that could determine the outcome of the election, and would turn the election away from the people and over to a handful of judges around the country, many of them appointed by By Democrats.
Look, as you know, I'm not a Trump political supporter, but I insist on having the right to vote against Trump just the way people have the right to vote for him.
I also want to be sure that this election, 2024, is the cleanest and most uncontroversial election in history.
Whoever wins should win beyond any dispute.
But if this kind of craziness is allowed to go forward with Individual states disqualifying Trump off the ballot.
If he loses, he's not going to accept that loss and half of America will not accept that loss.
Even people like me who would welcome the loss on political grounds wouldn't accept it on constitutional grounds because this is about the most dangerous, worst I've read in my 60 years of teaching and practicing criminal law, this is a power grab in violation of the specific words of the 14th Amendment.
You couldn't be clearer when the 14th Amendment allocates the power to enforce this provision expressly and singularly to Congress.
Congress shall have the power to enforce by appropriate legislation.
Having the states do this on an individual basis is absurd under contemporary law, and as well, the idea that the framers of the 14th Amendment, radical Reconstructionists, would allocate to Mississippi and Alabama the right to decide who's on a ballot just defies any kind of historical understanding.
steve bannon
I want to go back.
You said in your 60 years of doing this, this is the single worst opinion vis-a-vis the Constitution you've ever read?
alan dershowitz
I think so.
I mean, look, I've read some pretty bad opinions, and I went back, if you go back in the day to Plessy versus Ferguson, but I'm talking about contemporary Supreme Court decisions over the past half century or so.
I just can't imagine a worse decision than taking away from the voters all over the country the right to decide who the next president is.
Let's remember, too, that the decision itself is not only applicable to Colorado.
They may have the only jurisdiction to enforce it, but the decision basically says, That any state, every state, can disqualify Trump because they have made a finding that he's an insurrectionist.
And if he's an insurrectionist, according to the Colorado Supreme Court, he is ineligible to hold the office of president.
By the way, the Constitution doesn't say he's ineligible to run, but he's ineligible to hold the office.
Now, it doesn't talk about president, by the way, the 14th Amendment.
It talks about senators, representatives, or electors.
And then it gives an oath of office, but it gives the senatorial and congressional oath of office, not the presidential oath of office, which leads to the possibility, of course, that the framers said, look, we're going to disqualify them from Senate and the House and other offices, but for the presidency, no, that's too important.
We'll let the public decide based on the entire record, not only the role in the Civil War, but his entire record.
There are so many problems with this decision.
It could never have been written except for partisan purposes as part of Get Trump.
Look, back in the 1920s, it was a man running for president who was a genuine insurrectionist.
Eugene V. Debs, who, according to the government, advocated the overthrow of the government by force and violence.
He ran from prison, got three million votes, and nobody dreamed of trying to disqualify him under the 14th Amendment.
This is a new concoction of the Tribe Raskin school of constitutional manipulation.
steve bannon
Give me that.
Talk to me about that, because Tribes on MSNBC every night, Raskins on MSNBC and CNN every night to put forward as really the guardians of the Constitution.
When you say they're a constitutional arsonist, what do you mean by that?
alan dershowitz
Well, first of all, Jamie Raskin was my student.
I represented his father as well years before when his father was in war activities.
And Larry Tribe was my colleague for 50 years.
I liked them both personally, but they believe the Constitution belongs to their ideology and it's designed to be used to further their ideology.
Neither of them ever found a constitutional analysis that didn't serve their political purposes.
So for years, I have disregarded conclusions by people who use the Constitution for partisan weaponized purposes.
And that's why I call it the Tribe-Raskin School of Constitutional Manipulation, but it's spread all through academia.
You know, when I defended President Trump on the floor of the Senate, I was 100% right in my interpretation of the Constitution as requiring criminal-type behavior to impeach, but virtually every law school academic came out against me.
They would have come out for me if it had been Biden.
In fact, part of me hopes that Biden gets impeached.
I don't really mean that, but if he were to be impeached and I were to defend him, the same people who attacked me would be supporting my positions because it's Biden, not Trump.
That's how manipulative these folks are.
steve bannon
Professor Dershowitz, you just hang on.
We're taking a short commercial break.
I want to get back to this, particularly the fact of what they're saying.
What's an insurrectionist?
Who's an insurrectionist?
Today, we're starting our actual Christmas music.
We wanted to do it earlier, but we're at AmFest.
We're starting our annual Christmas music today.
Uh, we're going to be back in a moment in the war room.
Professor Dershowitz, Cash Patel, who is the fact witness in Colorado, Mike Davis, who put together the legal team, John Fund from the Wall Street Journal, Jeff Clark, all of it next in the War Room.
unidentified
To the War Room.
steve bannon
you Modern-day Holy War right there.
Lady and the Grady.
Big hit in AmFest.
Big hit at the Reawakened American Tour.
Make sure we get into the second hour on the U.S.
Steel.
John Fetterman turns out to be a populist.
He's fighting this, as is Josh Hawley, Marco Rubio, J.D.
Vance.
Peter Navarro is going to join us, and also Upton.
Brother Upton from National Pulse has written a great piece on this.
Also going to get into breaking news at NBC.
Turns out she, to Biden's face, said we're going to reunify taiwan and of a time and place of our choosing and no response uh... let me bring back professor dershowitz professor dershowitz uh... thank you for joining us again uh... it here's the thing uh... last night on tv all night long going back and forth It's not the central thing.
The central thing is who has the power to determine whether somebody's an insurrectionist.
as number one.
And is that even the central thing to this case in your belief on the Constitution, the ability to take him off the ballot, sir?
alan dershowitz
It's not the central thing.
The central thing is who has the power to determine whether somebody is an insurrectionist.
Congress didn't pass any statute making that clear, and it's very clear to me that the 14th Amendment doesn't apply to contemporary conduct of the kind that Trump has been charged Who's an insurrectionist?
Black Lives Matter, are they insurrectionists?
The people who are now in New York protesting the United States policies toward Israel, some of them are calling for the overthrow of the government.
Eugene V. Debs ran for president from prison when he, according to the government, was advocating the overthrow.
of the government.
So people, the governor of Texas, suggesting maybe Biden is an insurrectionist for not allowing border closings to protect us.
Insurrection is in the eye of the beholder, and if you want to have a definition of it, the definition has to be given by the proper authority.
The proper authority is Congress and not the state courts willy-nilly, one state at a time, without any predetermined procedural safeguards.
It was just made up as you go and was extremely result-oriented.
The courts decided what the result was gonna be first, disqualify Trump, and then they came up with rationale and reasons for doing it.
So I don't give any credence to the arguments that were made by either the lower court or the upper court in support of the claim that he is an insurrectionist.
Look, I don't like a lot of the things that he did, but insurrection is a very technical offense, and the elements have to be clearly spelled out, and they haven't been by any of the courts in Colorado.
steve bannon
Professor Dershowitz, you don't support President Trump as a candidate?
You haven't voted for him.
You don't agree with a lot of his policies or his politics, but you were one of the key, if not the key, member of his team in the argument on the first impeachment trial that saw him not be found guilty by trial in the Senate, where you argued.
If you were asked, would you be part of the team that would go to the Supreme Court and argue President Trump's case in this matter?
alan dershowitz
I would be very, very tempted, and I'd have to listen to my wife on that one, because you can't imagine how our lives have been disrupted by the fact that I represented President Trump on a constitutional ground.
I was trying to follow the footsteps of John Adams, who represented The Boston Massacre people, but it totally disrupted our life, the life of my family, and every other way.
I have a thick skin.
I would do it in a minute, but I have to consult with my family before I would put them through, again, the kind of McCarthyism that they've been put through because I exercised Sixth Amendment right and defended somebody against serious charges.
steve bannon
It would make sure you would permanently, in perpetuity, not be invited to the cocktail parties in Martha's Vineyard.
And John Adams did defend the British troops that fired into the crowd, fired into the crowd, the Boston Massacre.
Professor Dershowitz, I want to get you back on.
The reporting on this is terrible, but there is a mob, and I mean an angry mob, in Times Square the other night.
Alec Baldwin, I think, would have been torn to pieces if the NYPD hadn't come around.
The pro-Palestinian, you see the, I call him the Sharia supremacist, taking over Penn Station.
It's out of control.
We want to have you back on about the war against the Jews, but I want everybody to go get Trump because it's prescient, your arguments in there.
And I think give people a heads up on how tough 2024 is going to be.
Professor Ershowitz, your podcast writings, where do people go?
alan dershowitz
It's the DIRS show.
It's on Monday, Tuesday, Wednesday, live at 5.30 on all the places you can get podcasts.
And I've been talking a lot about this.
And tonight, obviously, I will be talking about the Colorado decision and giving a kind of legal seminar in why it's so clearly unconstitutional.
steve bannon
Thank you, Professor Dershowitz.
Appreciate it.
Thank you coming on, changing your schedule up.
A lot of people change their schedules.
They come on here.
Do I have the clip from John Bolton?
Can I play?
Okay, I can't take one second.
Let me bring in Kash Patel.
Kash, you were the fact witness in Colorado.
Give me your sense of particularly the 240 page opinion, which goes through, quite frankly, a lot of the ground that you laid out.
Although the district judge, I think she said you were not a satisfactory witness.
You couldn't be believed.
Is that what she said about you?
kash patel
A greater compliment I could not receive.
Given the Colorado Supreme Court's decision.
Donald Trump did not commit insurrection.
He did not legally or factually come even close to insurrection.
And remember, I was chief of staff at DOD during and around the time of January 6th.
I've been testifying before the January 6th committee, the Jack Smith clown show, and the Colorado Supreme Court case that just reversed the decision where I was the lead witness.
Donald Trump acted preemptively to secure Congress.
To release and authorize 10 to 20,000 National Guards men and women.
And Nancy Pelosi and Mayor Bowser shut that request down in writing.
And we put that out.
And this Colorado Supreme Court wouldn't even admit that into the evidentiary chain for the judge to consider.
That's how rigged it was in Colorado.
So it's no surprise that she, the judge at the trial level, found me not to be credible, whatever verbiage she used.
But to me, that just signifies The Colorado Supreme Court's decision is based on a total flawed fact pattern that was not properly presented intentionally.
And Steve, you and I talked about holding the media accountable.
The media is largely responsible for the disinformation campaign that Donald Trump perpetuated insurrection.
They need to be held accountable because it is illegal to Say someone is a guilty of criminal conduct when they are in fact innocent.
And that's what we're talking about.
We're talking about the mainstream media.
They are the reason in large part, the Colorado case even occurred.
They are the reason the unselect committee from January 6th ever, ever collected themselves together to put together this farce against Donald Trump.
It is unequivocal.
Donald Trump is not guilty of insurrection, not legally, not factually.
And this case will be thrown out by the U.S.
Supreme Court, but the disinformation campaign will continue.
They will say at the trial level, we got Trump.
steve bannon
Hang over a second, Kesha.
I got a clip here from John Bolton.
I want people to know in that cold open, John Bolton, Frank Luntz, and Ty Cobb are three of the biggest Trump haters out there that are on the Republican side.
I mean, they are Trump haters.
All those uniformly said this is going to help him or it's ridiculous.
I want to play some more of the Bolton and have your observations on this.
John Bolton from last night.
kaitlan collins
Of the state Supreme Court saying that this was, what happened on January 6th was an insurrection.
unidentified
Look, I think January 6th was one of the worst days in American history, and I think everybody who participated in it should be in jail for a very long time.
But the framers of the 14th Amendment, I think, knew what they meant by insurrection.
They had just been through one.
How significant was it?
Killed soldiers, leaving civilian casualties out.
Fatalities in the war among Confederate and Union soldiers were 620,000.
That's an insurrection.
What happened on January the 6th was a disgrace, a stain on our country's history.
It was a riot.
It was not an insurrection.
Now, if Congress disagrees with that, they've got authority under Section 5 of the 14th Amendment to legislate, which they have certainly not rushed to do.
steve bannon
Cash, they have a 92 page opinion at the district level.
They have a 200, I think, 52 pages or something around there at the Supreme Court.
So it's almost 350 pages.
You were acting, I think, Chief of Staff at the Defense Department.
You're a fact witness.
You were there.
There's not one mention of what you said in defense of Donald Trump, which is very compelling.
Your thoughts, sir?
kash patel
It's an intentional disinformation campaign.
I was the first witness subpoenaed by the January 6th committee.
I asked for the Capitol Police timeline, Mayor Bowser's letter, and Nancy Pelosi's verbiage rejecting the National Guard that Donald Trump had authorized to be put into the record.
The January 6th committee excluded that evidence from the record.
Forget the stuff they destroyed.
They excluded evidence of innocence that Donald Trump acted lawfully, preemptively to secure the events around January 6th.
This Colorado trial judge did the same thing.
She wanted nothing to do with the actual facts.
That fact alone proves Donald Trump is not an insurrectionist, came nowhere near it, in fact was the opposite, and actually tried to prevent any sort of rioting or misbehavior in and around January 6th.
And the people that egged on an insurrection were the likes of Pelosi and Bowser, who refused to security.
And this judge excluding intentionally evidence of innocence is basically Russiagate 2.0 in the Colorado court system.
That's what the FBI did to the FISA court when they illegally surveilled Donald Trump.
And their co-conspirators the entire time have always been the mainstream media because they have lobbied this insurrection narrative.
They've utilized it to launch a special counsel baselessly, who hasn't charged Donald Trump with insurrection, by the way, and they've used it to enter the state court system because the rigged federal system won't even support their baseless insurrection narrative.
And now they are just scraping at the bottom of the stained toilet to try to get Donald Trump turned over guilty in the court of public opinion, and it is going to fail.
steve bannon
Cash, real quickly, how do people get Government Gangsters?
How do they get all your content?
I know you're punching out today.
kash patel
Christmas special, baby!
Governmentgangsters.com.
Bannon, let's go at number one for the holidays, my friend.
I appreciate everything you do.
The War Room Posse is awesome.
unidentified
Government Gangsters.
kash patel
Merry Christmas, my brother.
steve bannon
Thank you.
Merry Christmas.
Cash, hopefully gets you over the holidays.
Buy something called the Internet.
Short commercial break.
John Fund, Mike Davis, Jeff Clark, next in the War Room.
unidentified
Here's your host, Stephen K. Bamm.
steve bannon
Okay, we told you this was going to be a problem when, and remember, these were big Republican donors in back of this.
Leonard Leo and this crowd wrote this phony, had a couple of, you know, ertsat constitutional lawyers write this bizarre piece that then got tracked.
I mean, the media was all over it.
They were pushing it hard about the 14th amendment and Trump was ineligible.
And we are where we are.
Waiting to see if we go to the Supreme Court.
I want to bring in Dave Williams, chairman of the Colorado GOP.
Dave, what are your thoughts about this and the folks out in the great folks out in Colorado who are Trump supporters and are just Republicans who vote for a conservative side of the ticket?
unidentified
Donald Trump's absolutely correct.
This is election interference.
This is Joe Biden's desperate attempt This is a travesty and a miscarriage of justice.
And like Churchill dealt with the tyrants of his time, we're going to push back against the deep state and the Democrats that are trying to take away our right to vote.
We will fight them in the court of public opinion.
We'll fight them in the court of law, and we will fight them at the ballot box.
And should we fail in Colorado, I have no doubt the patriots across this country will carry on the struggle and win the day against the deep state and the darkness that they're trying to bring all across this land.
We need help, though.
We need all the help we can get.
steve bannon
I didn't know, I don't think a lot of people realized how far gone Colorado was until this opinion came out.
You know, you've talked about it, people talk about it, it's a purple state, but I think all seven, I think all seven Supreme Court justices are Democrat.
The dissenting opinion is pretty brutal about how out of control it is.
How out of control is this state since you've had these billionaires really use Colorado as a test model of how to flip a heretofore conservative state dark blue?
unidentified
It's completely out of control.
Colorado is more of a purple state, but it's been manufactured blue because of all the dark money that's come in throughout the years, especially with George Soros and others funding their operations.
We can win.
However, the problem is, as you correctly pointed out, we have all these Democrats who have been appointed to the judicial system as well as an elected office working against us.
But we can win the day if a lot of good patriots come on board and help us on the front lines.
steve bannon
As Raheem Kassam said yesterday, I think George Soros has poisoned the bloodstream of the American political process.
And so he has.
Is there any technical thing?
You know, it's about a primary.
Can you flip this to a caucus?
unidentified
Yeah, that's part of what we intend to do.
We're not only going to appeal to the United States Supreme Court, but we're also going to make measures to switch to a peer caucus system so that Donald Trump can be nominated Should the voters want to, and I have no doubt that he's going to win the majority here in Colorado.
And if anyone wants to help, your viewers have been so good with people like Tina Peters.
Now we need help with Donald Trump.
Visit our website and figure out how we're going to do it and how you can be a part of that.
It's cologop.org.
We need every everyone pitching in here.
Okay.
steve bannon
Give me that again.
Where do people go to find out more information about this?
unidentified
Go to the, go to our website at cologop.org.
We need everyone to chip in and be informed as well.
This is going to take a lot of resources to pull off, especially on a dime if we're going to pivot from a primary to a caucus system, as well as try to win in the court of public opinion and the court of law.
Help us out.
We need all the help we can get to make sure that Donald Trump is allowed to be voted for and that your vote is to be protected.
This is not only a Colorado issue, but this is going to affect all sorts of voters across our country.
We need your help and we need you to chip in right now.
steve bannon
Dave Williams, what's your social media?
Where do people track you on social media?
unidentified
You can follow us on Twitter at C-O-L-O-G-O-P or you can follow me personally at R-E-P Dave Williams.
We'll keep you informed and we're going to continue to fight the good fight.
So that all patriots have the right to protect their vote.
This is so dangerous.
This is a constitutional crisis in the making and we need to do everything we can because it's an all hands on deck moment.
steve bannon
I agree with you.
All hands on deck.
Dave, thank you so much for joining us this morning.
I know you're incredibly busy.
Thanks.
unidentified
Thank you very much, Steve.
steve bannon
Our Mike Davis has been on this from the very beginning.
From the day that Leonard Leo and those quote unquote Republicans put out the piece, we had Mike Davis and Dershowitz on that day.
Mike, your thoughts now that the smoke of the bomb they dropped has a little bit cleared your thoughts this morning?
mike davis
I think even Democrats are realizing what a mistake they made by disqualifying President Trump from the Colorado state ballot.
This is what you do in China.
This is what you do in places where you want to destroy democracy.
These are Republic-ending tactics by these Democrats.
This is lawfare.
We've talked about this many times since the Mar-a-Lago raid in August of 2022.
They've impeached Trump twice for nonsense.
They've indicted him four times for non-crimes.
They have illegally gagged him twice.
You don't gag criminal defendants.
If there's anyone in America who needs the First Amendment right to speak out against the prosecutor, against the judge, against the process, and against the witnesses, it is a criminal defendant.
But they've gagged him twice illegally.
They're trying to bankrupt His business in New York for the nod fraud of paying back sophisticated Wall Street banks in full on time as agreed with interest.
And now that all backfired.
And you see President Trump beating President Biden like a drum on November 5th, 2024.
So Democrats, they want to throw their Hail Mary.
And that's just, they're going to take President Trump off the ballot based upon a bogus legal theory, based upon a post-Civil War constitutional amendments.
That to chase Confederate sympathizers who engaged in insurrection or rebellion against the Union, to chase them out of office.
They have dusted off this 155-year-old provision and these three partisan or four partisan hack Democrat justices on the Colorado Supreme Court.
All seven of them are Democrat appointees.
Four of them are particularly partisan hacks, and they just decreed that President Trump somehow Committed an insurrection, and so therefore they're going to throw him off the ballot.
And that is not what the controlling case law says.
It's very clear if you want to disqualify an officer of the United States based upon insurrection or rebellion, you have to charge him under the federal criminal statute for insurrection or rebellion passed pursuant to Section 3 of the 14th Amendment back in 1869.
You have to have a grand jury indict, a jury unanimously convict with evidence beyond a reasonable doubt, find guilty with evidence beyond a reasonable doubt.
The judge has to convict and that conviction has to be upheld on appeal.
That is the only way you can disqualify under Section 3 of the 14th Amendment.
The Supreme Court of the United States needs to not take Jack Smith's cert before judgment case, which is just complete nonsense, and they need to save room on their dockets for this Colorado Supreme Court case.
steve bannon
Is that a key now?
I mean, how quickly can the Supreme Court move on this?
Because this, the judges actually stated, right?
So let me do the process there.
It's actually the Supreme Court stated subject to the Supreme Court, but when could the Supreme Court fit this in?
mike davis
Well, that's a good question because the Colorado Supreme Court stayed this until like January 10th or until the Supreme Court rules.
Well, what happens if the Supreme Court doesn't do anything?
Does that mean that Colorado is going to say, OK, we're going to go ahead and throw Trump off the primary ballots and that those ballots have to be printed in January in order to to make it for the March primary?
So you're going to disenfranchise millions of Colorado of Colorado voters who want to vote for President Trump.
You're just going to take away that option for these Colorado voters in the name of democracy, right?
You have four left-wing lunatic Democrat justices on the Colorado Supreme Court who think they're arrogant enough, they are that arrogant, that they think That they can just take away that choice for millions of Colorado voters.
This is an abomination.
And there's Monica Marquez.
She's up for retention in this 2024 election.
Vote her ass out of the Supreme Court.
steve bannon
Mike, let's go back to Jack Smith for a second because people are saying, well, don't tempt Jack Smith because he'll indict Trump for insurrection.
First off, Does he have the ability or the evidence to do it?
Number two, I know you can indict a ham sandwich, right?
But also, if he did that, wouldn't it push his trials back a couple of years, given everything, all the choppy legal theories he's used already, and now the Supreme Court's got to review this and he's run to the Supreme Court?
Walk me through that about Jack Smith, who has gone out of his way not to indict Trump on insurrection.
Would he now be motivated, given this finding, to try to go do that?
mike davis
Well, I think he's wanted to charge him with insurrection all along, but guess what?
There's not evidence of insurrection, right?
How many insurrectionists go unarmed into a nation's capital, walk through velvet ropes, follow police direction, take selfies, and they don't burn down the damn place?
January 6th was a lawful protest.
...permitted by the National Park Service that got out of control and devolved into a riot.
If there were any evidence of an insurrection, Jack Smith, who is a deranged hack, no question would have brought charges for insurrection.
steve bannon
Hang on a second, I want to play Bolton.
Bolton, who's no fan of Trump's, right?
Last night on CNN.
kaitlan collins
...of the state Supreme Court saying that this was, what happened on January 6th, was an insurrection.
unidentified
Look, I think January 6th was one of the worst days in American history, and I think everybody who participated in it should be in jail for a very long time.
But the framers of the 14th Amendment, I think, knew what they meant by insurrection.
They had just been through one.
How significant was it?
Killed soldiers, leaving civilian casualties out.
Fatalities in the war among Confederate and Union soldiers were 620,000.
That's an insurrection.
What happened on January the 6th was a disgrace, a stain on our country's history.
It was a riot.
It was not an insurrection.
Now, if Congress disagrees with that, they've got authority under Section 5 of the 14th Amendment to legislate, which they have certainly not rushed to do.
steve bannon
Mike Davis, your thoughts?
mike davis
Well, and he's right, but except for this one point, Congress did legislate.
Congress legislated the Insurrection or Rebellion Criminal Federal Statute back in 1869.
It's still in the books.
And if they want to disqualify under that, if they want to disqualify under Section 3, that's how you have to do it.
I think we need to name and shame these Colorado Supreme Court justices because they wrote a per curiam decision so they didn't have their names on it.
It's Monica Marquez, William Hood, Richard Gabriel and Melissa Hart.
Those four Democrat Supreme Court justices in Colorado are a disgrace.
They're un-American and what they did is an abomination and they need to be named and shamed.
steve bannon
Mike Davis, thank you for carving out time today.
I know that you're wanted everywhere.
Where do people go to get your writings, your thoughts on this, and also where on social media?
mike davis
Article3project.org, article3project.org, you can donate there, at article3project, at article3project on Gitter, Twitter, Truth.
My personal is at MRD.
D-M-I-A-M-R-D-D-M-I-N.
Wake up, Colorado voters.
Throw these Supreme Court justices out of office when they're up for retention.
steve bannon
Mike Davis, thank you very much.
mike davis
Appreciate it.
unidentified
Thank you.
steve bannon
This is going to create a firestorm.
You're going to have the GOP take action out there to make sure he can't be taken off the ballot, whether they do it by caucus or otherwise.
This is going to go beep.
We don't know if the Supreme Court's going to pick it up.
They've got obviously a super crowded agenda, but there's going to be a big push to make that happen.
Jeff Clark, we got 30 seconds.
Give me 30 seconds of your wisdom and I'll hold you through the break.
mike davis
Sure.
jeffrey clark
So Steve, look, this is an abomination and you heard from Kevin McCarthy's roommate Frank Luntz last night on CNN that this is just going to propel President Trump back into the White House through Colorado voters.
It's going to have a big boomerang effect.
And legally, it's a cornucopia of legal errors in this decision.
And I agree with Mike that the Procurium, they drop a footnote to try to say, hey, you know, this is just the whole court, all four of us, but it's ridiculous.
steve bannon
Hang on for one second.
I want to get to the cornucopia.
That's why we got Jeff Clark on the brain.
unidentified
Is Clark going to be the next Attorney General?
steve bannon
Mike Davis?
White House Counsel?
Who knows?
Short commercial break.
Alright, back in the warm end of the moment.
Okay, I want to make sure we're going to get into the next hour of US.
Steel and other economic issues.
Peter Navarro is going to join us.
Go to birchgold.com right now slash Bannon.
First off, get the end of the dollar empire.
Four installments.
I've already started the fifth with the team at Birchgold.
We hope to have that out in mid to late January.
I think you guys are going to be amazed.
Other arguments that you need to think through of our economic and financial system, particularly how it revolves around fiat currency?
I'm talking to Russ Vogt, hopefully get Russ Vogt on in the next couple of days, about the fiasco that's going to be before us when Congress finally returns on the 9th of January.
But I've got to tell you, starting even on the week after Christmas and the week of the 2nd, we're going to have a lot of people on here talking about it because it's an absolute debacle.
What's happening with flooding the zone with fiat currency and the Fed, you know, making a big deal about it.
Uh, in the other central bank.
So this thing's going to be a complete nightmare.
Go to birchgold.com slash Bannon right now.
Make sure you talk to Philip Patrick and the team treat yourself to Christmas, uh, special by talking to them about.
Why gold has been a hedge against times of turbulence for 5,000 years, because if you think it's turbulent now, you ain't seen nothing yet in 2024.
Think about 2023 is ending.
So make sure you do that.
Check it out today.
Jeff Clark, I want to read this quickly because I wanted to stay focused on Colorado, but I know you'd be particularly Interested in this President Trump last night.
We're pulling the clip.
I'm quoting from his speech in Waterloo, Iowa Quote when I am back in the White House never again where our government be used to target Christians and other religious believers upon taking office I am I will create A new federal task force on fighting anti-Christian bias to be led by a fully reformed Department of Justice.
End quote.
Donald J. Trump on the 19th of December in the year of our Lord 2023 in Waterloo, Iowa.
Your thoughts on that before we pivot to, because you'll be a big part of the reforming of the Department of Justice.
Your thoughts on that?
jeffrey clark
Well, I think that's wonderful to announce, especially in an increasingly anti-Christian world.
I mean, I'd seen a story about a school district that was prohibiting bus drivers even from wearing You know, Christmas regalia to entertain the students a little bit.
I mean, you know, things have gone into bonkers land.
And look, in the first Trump term, we did have a religious liberty task force.
And I think we need an even more beefed up one.
And I think adverting back to that, President Trump is saying he's going to energize that in term two.
And I think that's exactly the kind of medicine America needs.
steve bannon
You talked about a cornucopia of illegal mumbo-jumbo.
Give us your assessment, sir, of Colorado.
jeffrey clark
Sure.
So let me do something for you, Steve, that I don't think you're going to hear anywhere else, especially not focused on.
And, you know, I do think the war room audience is the smartest audience that's out there, so they're going to get it.
So what was the evidence that this Colorado Supreme Court for Justice majority used to say that President Trump engaged in insurrection?
It was the January 6th report as sponsored by its Chief Investigative Counsel, Tim Heafey.
So imagine you just have this totally partisan report, a real nine to zero.
They never voted anything other than nine to zero.
They were out to get President Trump from the start.
They had all been sponsors essentially of the second impeachment against Trump.
for the article of impeachment about insurrection under section three of the fourteenth amendment even though the senate acquitted him of that they put this committee together and the colorado supreme court says that is reliable evidence and they say it's reliable evidence because it's an exception to the hearsay rule because it's a reliable government report And they say this with a straight face.
It's completely ridiculous that this is a reliable government report.
It's an entirely political hack job.
We're not talking about, you know, a tort case, Steve, where, you know, someone sues because their loved one died in a plane crash.
And then evidence is submitted in the form of an NTSB, you know, National Transportation Safety Board report that concludes why did the accident happen, etc.
And you think, oh, that's the neutral federal government here.
They reached a conclusion.
This was a complete partisan biased hit job on President Trump from the start.
And as I also know you're well familiar with, it's a mockery of due process, even at due process at the level of what Congress does in its hearings.
There was no one who was allowed to cross-examine any of the witnesses.
So that's right there something that's flatly unconstitutional to then rely on it to keep President Trump off the ballot.
And there weren't even minority councils because there were no minorities appointed by the minority party through the Republican conference.
So all you had was the the fake You know, tokenism of Liz Cheney, who hates Trump, and Adam Kinzinger, who's a complete lightweight and was just trying to make himself famous, and also clearly is not any kind of conservative Republican.
The idea that you could just introduce this report and then have one of the investigative councils say, well, it was reliable because I believe all the committee members had an open mind.
It's like testifying, Steve.
And it's truly ridiculous.
It makes a mockery of American due process, and it has to be rejected by the Supreme Court as soon as possible.
steve bannon
Jeff, you're all over media today.
Where do people get you on social media?
How do they follow you?
What's your website?
All of it.
You're becoming a more and more prominent voice on the legal side to reverse lawfare against President Trump and the MAGA movement.
jeffrey clark
Thanks, Steve.
So I am at JeffClarkUS on Twitter and on Getter and on RealJeffClark on Truth Social and then the Center for Renewing America is AmericaRenewing.com, Steve.
steve bannon
Fantastic.
Russ Vought and the team.
Thank you very much, Jeff Clark.
Appreciate it.
unidentified
Thanks.
steve bannon
Merry Christmas.
Merry Christmas, brother.
They're like the prettiest girls at the dance right now, man.
Can't even book them on War Room.
No, I'm just kidding.
The fantastic people.
I want to make sure their voices are heard widely.
Breaking news from NBC.
It turns out, in the meeting in San Francisco, in the quote-unquote summit, she told Biden to his face, we are going to reunify Taiwan.
Boom.
End of discussion.
End of drill.
And that has not been reported to us.
Massive story on NBC News today by Kirsten Welker and Andrea Mitchell, four or five other heavyweights.
I want to make sure everybody reads it.
If they're coming for Taiwan, and they're coming, Remember, they're going to use everything they've got in unrestricted warfare, including the supply chains.
Biden's trying to write an executive order to untangle that.
Don't let it affect your life.
Go to JaceMedical.com.
Do it today and find out how Jace Medical took Rosemary Gibson's book, but the supply chains on pharmaceuticals and generic drugs, and turn it to their advantage.
Now, Jace Medical, turn it to your advantage.
JaceMedical.com.
Go check it out today.
Holy War is going to take us out.
Modern-day Holy War.
We're going to come back.
We've got John Fund, Peter Navarro, Raheem Kassam.
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