Dec. 21, 2023 - Bannon's War Room
48:30
Participants
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| Speaker | Time | Text |
|---|---|---|
| You start thinking you're self-evident. | ||
| You saw it all. | ||
|
unidentified
|
Now whether the 14th Amendment applies, I'll let the court make that decision. | |
| But he certainly supported an insurrection. | ||
| There's no question about it. | ||
|
unidentified
|
None. | |
| Zero. | ||
| And, uh, he seems to be doubling down on about everything. | ||
| Anyway, I've got to go do this. | ||
| By the way, there's nothing controversial about that. | ||
| I mean, Mike Barnicle, we all saw it with our own eyes. | ||
| This is one of those moments where you're going to believe me or you're going to believe your lying eyes. | ||
| Americans saw this with their eyes. | ||
| They understand that Donald Trump did, in fact. | ||
| Take part, lead, encourage an insurrection to take place. | ||
| They know that he told people that they needed to storm the Capitol. | ||
| They needed to stop the count. | ||
| He got extraordinarily angry with the Secret Service when they stopped him from going up there because he wanted to march on the floor. | ||
| He wanted to be in the center of the insurrection. | ||
| And Mike, you know, It's so maddening when Donald Trump talks about the, quote, hostages and how grotesque to say that. | ||
| Well, what's going on in Israel? | ||
| But Donald Trump talks about the hostages that are being held. | ||
| He talks about letting people who beat the hell out of cops out of jail after he gets there. | ||
| The reason why is every time they come up. | ||
| It's glaringly obvious. | ||
| Donald Trump still has escaped justice. | ||
| Donald Trump is not in jail for committing insurrection, which we all know he did. | ||
| Americans know he did. | ||
| But he's out of jail because he's rich and powerful. | ||
| Those people being in jail, those working Americans that followed his instructions and told the judges they were just following his insurrection instructions, they're in jail because they're not rich and powerful like Donald Trump. | ||
| So yeah, yeah, he committed insurrection. | ||
| Yes, if there were justice already, he'd be a lot more concerned about things than just not being on the Colorado Republican ballot. | ||
| He'd be concerned because he should be in jail. | ||
| Tara, they had a chance, because it's true. | ||
| Behind the scenes, half of these people despise Donald Trump, want him gone, as Mara points out. | ||
| And yet, when they had the chance to impeach him, they were too scared to do that. | ||
| When they've had the chance to pick somebody other than him in the primary, they're too scared to do that. | ||
| They want some other Dale's ex-match in a force to come and take him away and take him up in a spaceship, because they don't want to touch him. | ||
| And now, this is the chance for the courts to take care of this, and they're still screaming. | ||
| Tom Tills is saying they want to defund Colorado and any state that does. | ||
| It takes off the ballot. | ||
|
unidentified
|
You know, it's this. | |
| You're right. | ||
| And I tweeted this the other day. | ||
| I'm like, we wouldn't even be here now if a handful more Republicans had the testicular fortitude to remove him in the Senate back in 2021 when he was impeached for trying to overturn a free and fair election, which was obvious to everyone that it was an attempted coup. | ||
| But they refused to do it. | ||
| Every single lifeline, every exit ramp off the Trump highway, they have not taken it. | ||
| Not only have they not taken it, they've gunned it to the floor and kept going. | ||
| It's insanity. | ||
| You look at this and go, what is wrong with these people? | ||
| But power is very intoxicating. | ||
| I've said this before. | ||
| And I think that this thirst for power and this desire for relevance has gotten so out of control that it is now an existential threat to the entire country. | ||
| The Republican Party has abdicated their responsibility to be the beacons of constitutionality and freedom and democracy like the old Republicans used to be. | ||
| And instead, they've become a pro-illiberal populism, pro-Nazi fetish authoritarian party that makes excuses for Donald Trump and disparages our Democratic guardrails. | ||
| We cannot stay silent on this. | ||
| That's what next year is going to be all about. | ||
| Well, Joe, you know, the proof is in the pudding, so to speak. | ||
| In this case, the proof is on the videotape. | ||
| Like old sports house announcers used to say, let's go to the videotape and take a look. | ||
| Donald Trump did indeed support and promote an insurrection. | ||
| And everybody in America, and everybody in the world saw it play out. | ||
| It was not a great day for democracy, certainly not a great day for this country. | ||
| And Donald Trump is still... | ||
| He has yet to pay a price, Joe, not only for all of this. | ||
| He really, in effect, has not paid a price for anything over the past 30 to 35 or 40 years that he was in business in New York. | ||
| He's never been touched by the law. | ||
| He's always avoided it with delays and obfuscation and lying, and he's still at large around the country. | ||
| The sad part is He has enormous support, considering the large country we live in and the amount of people in this country who pay attention to politics, but not really all of politics. | ||
| And the Colorado ruling, sadly, as legitimate as some people think it is, it is more or less a get-out-the-vote operation for Donald Trump, for his people. | ||
| And it's just kind of disturbing. | ||
| There are those of us, and I've said it all along, I know it's irritating to people who just think that politics is about everything and men are above the law, but we either have a constitution or we don't have a constitution. | ||
| Here's the factual question. | ||
| Did Donald Trump Commit insurrection? | ||
|
unidentified
|
Yes. | |
| If Donald Trump committed insurrection, then as Judge Liddig said yesterday, it's not anti-democratic to follow the Constitution of the United States and Section 3 of the 14th Amendment. | ||
| That's in fact the most pro-democratic thing that can be done. | ||
| Stay with me, because if in fact he committed insurrection against the United States... | ||
| This is the ultimate protectorate of that democracy. | ||
| I understand it's sad and it's pathetic that people will say, oh, Trump derangement syndrome, oh this, oh that, on other networks. | ||
| They're going to be trying to confuse you. | ||
| They're going to be trying to move the ball. | ||
| They're going to be trying to confuse their own viewers, which they do quite regularly, quite often. | ||
| This is the primal scream of a dying regime. | ||
| Pray for our enemies. | ||
|
unidentified
|
Because we're going medieval on these people. | |
| Here's how I got a free shot of 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've tried to do everything in the world to stop that, but you're not going to stop it. | ||
| It's going to happen. | ||
| And where do people like that go to share the big lie? | ||
|
unidentified
|
MAGA Media. | |
| 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? | |
| If that answer is to save my country, this country will be saved. | ||
|
unidentified
|
War Room, here's your host Stephen K. Babb. | |
| Thursday, 21 December, Year of Our Lord 2023. | ||
| Merry Christmas. | ||
| We're in the Christmas season. | ||
| Happy Hanukkah. | ||
| Happy holidays. | ||
| All of it. | ||
| So we're packed today on so many different topics. | ||
| Let's start. | ||
| We got Boris Epstein was able to step out of a meeting. | ||
| Boris, even Morning Joe had to admit this is probably the greatest get out to vote. | ||
| effort we've ever had. | ||
| I want to deal with Colorado and your take on Colorado, how it's playing out, and then I want to get to this very important issues about immunity and all that. | ||
| Can we start in Colorado? | ||
| Your thoughts on that? | ||
| Steve, honored to be with you, honored to be with the posse. | ||
| My thoughts on Colorado are what they were two days ago. | ||
| First of all, remember, this is very important for all the listeners. | ||
| And MSNBC doesn't want to talk about it, CNN doesn't want to talk about it, but here's the reality. | ||
| That decision by the Colorado Supreme Court, which is a total travesty. | ||
| They even built a bar out there saying the Supreme Court will slap it down. | ||
| You've got Ty Cobb, no friend of the President, saying 9 to nothing in the Supreme Court. | ||
| But that decision, a total travesty, is made by the Colorado Supreme Court itself, pending a decision by the federal Supreme Court. | ||
| So here's what the Colorado Supreme Court did. | ||
| They went on this big long rant, and then they said at the end of it, well, this is what our feelings are, but we are so unsure of it on the law, we're staying our own decision until January 4th, and if President Trump appeals to the Supreme Court, which we are doing, it's stayed indefinitely. | ||
| And that is vital to remember. | ||
| It is vital to follow, because the actual effect—and remember, the primary ballots in Colorado are printed on January 5th. | ||
| So the actual impact of this decision, what is it? | ||
| A lot of screaming and crying on MSNBC and other outlets. | ||
| But in the real world, not much, because now President Trump is going to the federal Supreme Court, as has been publicly stated. | ||
| If you look at every federal court which has looked at this ridiculous election interference issue, they've all said there's nothing there. | ||
| And why? | ||
| Because it's clear as day, first of all, Section 3 of the 14th Amendment does not apply to the president. | ||
| That's one. | ||
| And second of all, on the facts, guess what? | ||
| President Trump said peacefully and patriotically. | ||
| He said go home in peace. | ||
| He made statement after statement after statement. | ||
| He asked for the National Guard, authorized the National Guard, statement after statement, action after action, promoting peace and stability, the opposite of any insurrection or incitement. | ||
| And remember, remember, The DOJ, even a Biden, crooked Joe Biden controlled DOJ, did not charge President Trump with insurrectional incitement. | ||
| Why? | ||
| Because even they couldn't stretch it that far. | ||
| And it's obvious that they've tried to stretch everything as far as they could, all of these deranged prosecutors across the country have. | ||
| So that's the reality of it. | ||
| That's cutting away all of the fluff, cutting away all of the heartfelt excitement by the deranged libs. | ||
| Oh, we've been waiting for this for so long. | ||
| just like they said one point alvin bragg in new york brought the first completely empty walla backlash criminal no criminality indictment in april all we've been waiting for that the liberals cried out what happened president trump was dominated the polls for months and month and month and only got up and now it is an absolute annihilation so that net result with the american people are co-opting more and more and more around president trump the more | ||
| let's just be honest radical liberals try to attack them and prevent them will take it off of which you will do on june twenty twenty twenty five If you have any questions, please feel free to contact me. | ||
|
unidentified
|
I'm happy to help. Thank you. | |
| If Congress had moved, the Colorado has just taken the J6 committee report, which is a joke, and just submitted that as proof, as the facts of how Donald Trump led an extraction, which we know it's a complete joke. | ||
| They didn't have a Ranking member, minority council, cross-examiner, witnesses, didn't get a chance to review. | ||
| It's that committee. | ||
| So should Congress, I don't know why, we know McCarthy, we had a town hall last night, Rahim will be on here to talk about it more, with Gates, Biggs, Eli Crane, Rahim Ghassan and myself in Arizona. | ||
|
unidentified
|
A lot of power, a lot of power in the town hall. | |
| It was pretty, pretty at a church too, a cowboy church. | ||
| But Boris, one of the things the audience continue to bring up is why haven't, they understand McCarthy was double-dealing Trump the whole time, but why isn't Mike Johnson? | ||
| Why haven't they moved forward and just overruled that? | ||
| That committee thing is a joke and now it's being used to drive the, because you're right, Jack Smith, I would craze Jack Smith that has every tool in the toolbox available to him, although he's totally illegitimate and we're hoping that suit gets brought. | ||
| Jeff Clarkson will later talk about that. | ||
| Why didn't the Congress just obliterate the original J6 and they have no predicate at all? | ||
| Because Jack Smith knows the law, knows the facts, and knows that he could not get a conviction on President Trump for insurrection. | ||
| Well, Steve, it's interesting you say that because, and I want to be careful what I say, but if you look at the letters that Representative Latimer has been sending regarding the wrongdoing of the J6 committee, there are steps significant and fast steps in the works as we speak that will address just how lawless, just how legitimate, and how wrongful that committee was. | ||
| And not just the makeup of the committee was completely legitimate. | ||
| The actions of the committee were illegitimate. | ||
| But then also the deleting and destroying of the document. | ||
| And Benny Thompson, he can't answer anything. | ||
| What is it? | ||
| Oh, I didn't send any documents to Florida, to Georgia, to Farnywell's. | ||
| And then the next day, he's like, oh yeah, of course we send documents. | ||
| The whole thing's like a macabre Saturday night skit. | ||
| Literally like Saturday night, John Lowe's. | ||
| Oh yeah, sure, sure. | ||
| The liar. | ||
| That's what Benny Thompson's doing. | ||
| He's been lying up and down about what they did with the information, just how much collusion there was between the Umbrella Committee and Barney Wilson, Georgia, the Umbrella Committee and other deranged prosecutors. | ||
| So, right now, you do have vital members of Congress under the leadership of Speaker Johnson who are doing exactly what you're talking about. | ||
| And it's got to be done quick. | ||
| It has to be done as soon as they're back in January. | ||
| Boris, I know you're busy. | ||
| You've got to step back. | ||
| I'd just like you to hold. | ||
| We're going to take a short commercial break. | ||
| I've got to talk to you about this immunity and President Trump coming out. | ||
| CNN is in full meltdown, saying that President Trump is trying to delay things. | ||
| I think it's the exact opposite. | ||
| I want to thank the team for putting together this great Christmas music. | ||
| Boris Epstein joins us from kind of the overall wartime concierge on President Trump's legal team. | ||
| He'll be with us as we return in a moment. | ||
|
unidentified
|
♪ The goodly cares underneath the mountain ♪ ♪ Bright against the forest fence, wise they dance this autumn ♪ ♪ Bring me flesh and bring me wine, bring me pine, lonesome hither ♪ ♪ Thou and I will see him die when we bear him thither ♪ ♪ He and Mama, for they went, for they went together ♪ | |
| ♪ Through the wood, the grass, the mead, and the wheat, and the wheat ♪ ♪ And they are both gone from her, all the trees are gone ♪ ♪ In the woods, the holy grass, the ground, all the rising of the sun ♪ ♪ And the running of the deer, the blading of the herringbone ♪ back. | ||
| Oh I want to thank the music team. | ||
| Holly and the Ivy. | ||
| We got Boris on here, so we thought we'd class it up with some English carols. | ||
| My favorites. | ||
| Boris Epstein. | ||
| Okay, I want to stipulate for this discussion. | ||
| We didn't have time because I got so much to go through and so many guests. | ||
| Ellie Honig, who is a very bright analyst, you know, former, I think, DOJ prosecutor, never Trump. | ||
| Trump hater. | ||
| He's been out, and last night, I've got it up on Getter if you want to go, he just saying, hey, this thing's a travesty. | ||
| And then Bill Barr, the other hater. | ||
| He's basically said it's the dumbest thing they've done. | ||
| It's going to drive MAGA to have a massive voter turnout. | ||
| You've got Ty Cobb. | ||
| I have, yesterday we started the show, Ty Cobb 9-0 at the Supreme Court. | ||
| So, Boris, you've got the haters. | ||
| I mean, the people that have really turned on President Trump the most, or CNN analysts that hate him every night. | ||
| Just saying this Colorado thing is too over the top. | ||
| But let's pivot to the one I think is actually more serious. | ||
| And that's what's going on with J6. | ||
| And this maniacal, the judge and deranged Jack Smith are so obsessed on election interference, they have to go on for March. | ||
| They have to start this trial, right? | ||
| Nothing can move it. | ||
| So walk me through, because you've got this back and forth with immunity and you're going to expedite immunity, not expedite immunity. | ||
| Just tell our audience what's going on. | ||
| And that's why I love this audience, because it cuts through all the noise and always gets to the signal. | ||
| And here, the signal is actually pretty hidden, right? | ||
| Because there's so much procedural motion, so many different stuff. | ||
| But here's what's happening right now. | ||
| Because of President Trump's powerhouse immunity motion on presidential immunity, saying that it was his job and duty and right to question and investigate | ||
| A — and I'll say it, and I'll keep saying it — a rigged and stolen 2020 presidential election, that all his actions are beyond the pale for any prosecution, be it by deranged Jack Smith or anybody else out there, that it is all covered by presidential immunity, which is deeply rooted in American history, American jurisprudence, and common law. | ||
| So President Trump's lawyers make this robust motion. | ||
| Of course, the D.C. | ||
| judge, Chuck, denies the motion. | ||
| But then, because it's a motion on immunity, which is dispositive to the case, so immunity, arbitration motions, which if they're decided for a defendant that they end a case, be it civil or criminal, they have built in what's called an interlocutory appeal. | ||
| I know I'm getting pretty legalese here. | ||
| An interlocutory appeal means an appeal that you could take up all the way during the pendency of the case. | ||
| And when immunity is in question, there's set precedent under Griggs and other key Supreme Court cases that says that a defendant is not just free from trial, they're free from what's called the burdens of litigation. | ||
| Burdens of litigation. | ||
| President Trump and his team go to Judge Chuck, and she actually granted a full stay. | ||
| Last week she granted a full stay of that DC case, so nothing can move forward. | ||
| Hold on, hold on. | ||
| Hang on, hang on. | ||
| Hang on one second. | ||
| I want to get the full state. | ||
| That is not reported on mainstream media. | ||
| You'd never hear that talked about. | ||
| Just repeat that. | ||
| Even Chunkin, what did she do? | ||
| She stayed any further proceedings on this trial, correct? | ||
| All proceedings on the D.C. | ||
| case, the trial, the pre-litigation motion, the discovery, everything is fully stayed right now, frozen in time. | ||
| Frozen in time. | ||
| Just imagine something's moving and then ice hits, boom, frozen. | ||
| That's the status right now of that D.C. | ||
| case, except for litigation on immunity. | ||
| So because this immunity is such a major issue, And because President Trump has such a strong argument on the motion on immunity, now the DOJ, of course under the direction of crooker Joe Biden and that prophetic team, they're trying to run all the way to the Supreme Court saying, Supreme Court, Supreme Court, please can you decide immunity? | ||
| But here's the problem they have. | ||
| And that's what Eli Honey was talking about, others were talking about. | ||
| You can't appeal something when the lower court decided for you on it, right? | ||
| So Chuck can remember she denied immunity. | ||
| So now the prosecutors, deranged and others, are trying, oh, well, we want to go to the Supreme Court. | ||
| Wrong. | ||
| You can't do that. | ||
| It is the president's right to appeal that, and he's appealed it correctly through the proper process to the D.C. | ||
| Stryker Court of Appeals. | ||
| And now the D.C. | ||
| Circuit has laid out a schedule. | ||
| The oral arguments are January 9th. | ||
| And so yesterday, President Trump, his powerhouse team, filed a really robust motion opposing that expediting to the Supreme Court. | ||
| There was a motion to the Supreme Court, filed into the Supreme Court, saying, we oppose the expediting. | ||
| A, there's no jurisdiction, because, again, it is impossible for the DOJ to appeal a case which they won in the district court. | ||
| And B, proper process should be followed. | ||
| So that was the motion yesterday that Ellie Honig, and you got to give credible criticism, just did a good job on CNN talking about. | ||
| And again, if you go back up 10,000 feet, what is all this about? | ||
| Why did the DOJ invite me three years to bring a case and now I'm trying to rush it? | ||
| Because they know that President Trump is dominating them in the election. | ||
| It is all about election interference, and they're obsessed with trying to get to trial as soon as possible because that is the only way they can imagine beating President Trump, but they're failing at every step. | ||
| Again, they waited for three years. | ||
| Remember, these actions that they cannot criminalize but are trying to criminalize, they all happened three years ago right about now. | ||
| President Trump was investigating this corrupt election three years right about now. | ||
| And they waited for three years, and now they're saying, no, no, no, we can't wait for the Supreme Court to decide this in due course. | ||
| But yes, they can, and yes, they will. | ||
| And President Trump and his attorneys are making sure that it's exactly what happens, that we are standing up for American jurisprudence, the American system of justice, and our very Constitution, and the very bedrock of our country. | ||
| Boris, how did people get to you? | ||
| Steve, thanks so much. | ||
| The website is hot. | ||
| Boriscp.com. | ||
| Right now on Boriscp.com. | ||
| Hot on Getter at Boriscp. | ||
| Twitter at Boriscp. | ||
| True Social at Boris. | ||
| And the hottest on the gram. | ||
| Boris underscore Epstein. | ||
| Stay strong. | ||
| God bless. | ||
| Merry Christmas to all. | ||
| And all offense. | ||
| I'll talk to you tomorrow. | ||
| By the way, Boris, just send it to the team. | ||
| You guys are just doing an incredible job. | ||
| All the balls you have to juggle, the complexity, all these different cases. | ||
| It's just, it's quite frankly, amazing. | ||
| The team you've put together and how it's working together and really grind it through this stuff is quite, quite, quite extraordinary. | ||
| So thank you from the audience. | ||
| Remember, or not remember, just keep in mind, this is all the law fair. | ||
| Is all about opportunity costs and about chop blocking President Trump in the enormous expense of all this. | ||
| But if you look at every different angle, and we'll hopefully get into more detail, maybe over the holidays, we can take some downtime and make sure people up this and you're going to have if you're in the war imposter, you're going to have to be up to speed on this. | ||
| It's just a key part of it. | ||
| In fact, let me get Jeff Clark. | ||
| In here right now. | ||
| Jeff, two things I wanted to talk about, but I needed to go back to something you came on yesterday about this amicus brief. | ||
| Because I want you to get to Ludig, because you have these insane conservatives that just have been triggered by Trump and they're off the rails. | ||
| I want to get to Ludig in a second, but I want to go back to the amicus brief. | ||
| Look, I'm no lawyer, but after you talked about it last night, we had a great town hall. | ||
| Rahim's going to be on here to talk about that. | ||
| You hit a chord with people that said, wow, if what Clark's talking about is real, why have we not been to court? | ||
| And why are we not going full bore in this? | ||
| It sounds like this whole thing is completely jury rigged. | ||
| Can you go back to that amicus brief for a second? | ||
| I want to talk about the billet of Jack Smith and why you're making the case, and Ed Meese made the case, and I guess your law firm has made the case in an amicus brief about how the whole thing's totally legitimate from top to bottom, sir. | ||
| Well, Steve, thanks for having me on. | ||
| So just one quick correction. | ||
| It's not a brief from the Center for Renewing America. | ||
| It's a Cher Jaffe brief, and Mark Paoletta is with them as well as with the Center. | ||
| Ed Meese has put in this new amicus brief, right? | ||
| And basically he's going through the constitutional defects with the fact that Jack Smith is in power as a special counsel, right? | ||
| It's really something that violates the Appointments Clause. | ||
| I think that it violates the basic separation of powers. | ||
| I think it's time, as I had pointed out on your show in months past, it's time to look at this special counsel set of regulations that were put in place back in the Clinton administration when the independent counsel statute, where Ken Starr operated under that statute and there were prior independent counsels, Sunsetted and was allowed to lapse. | ||
| They put these regulations in place on the theory that they were an emergency. | ||
| The only emergency was the fact that Congress didn't decide to keep going with the statute. | ||
| And that's not an emergency. | ||
| That's our democratically elected representatives deciding they didn't like this law. | ||
| And Justice Scalia had very seriously criticized the independent counsel statutes constitutional defects. | ||
| I think some of those carry over to the special counsel regulations that try to create essentially a fourth branch of government, Steve. | ||
| They try to create a special counsel who he doesn't report to the president, he ostensibly reports to the Attorney General, but the Attorney General says that he can't be removed except for cause, which is exactly how they created the whole independent set of agencies under the Uh, the New Deal, etc. | ||
| So it's a walking constitutional anathema. | ||
| It needs to be pulled down. | ||
| It's good to see he's challenging it. | ||
| I hope, but my advice is to get all over this because this is the administrative state. | ||
| It basically sets them up for lawfare. | ||
| It's pretty obvious about this. | ||
| Jeff Clark's with us. | ||
| Dave Brat is my co-host. | ||
| We're going to bring him in. | ||
| We've got Ben Harnwell and Raheem Kassam is going to join us about this amazing town hall at the Cowboy Church with Eli Crane, Matt Gates, Andy Biggs, Raheem and myself last night. | ||
| A lot to do here on the run-up to Christmas. | ||
| Be back in the Worm in just a moment. | ||
|
unidentified
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For they went, for they went together Through the moon, winds, water, mesh, And the bitter weather. | |
| Sire, the night is darker now. | ||
| And they are both over, All the trees that are in the wood, The holly bears the crown, All the rising of the sun, And the running of the deer, The wailing of the merry boy. | ||
| Welcome back to War Room. | ||
| We continue our Christmas music through Christmas Day and into next week. | ||
| It always bugs me how the Christmas music starts like on Halloween and boom on the afternoon of Christmas Day it's over. | ||
| Christmas music is supposed to start later Um, during Advent and then, um, and then roll all the way through Christmas. | ||
| It's a little Christmas epiphany. | ||
| At least that's the way my mom ran it. | ||
| So we're doing the same deal here. | ||
| Um, Luddick, this guy went from a superstar, at least potential guy that used to talk about for Supreme court. | ||
| And maybe that's why he's so angry at Trump. | ||
| But he's gone off the rails. | ||
| I mean, he's one of the driving forces in back this whole 14th Amendment thing. | ||
| And now he's got this thing. | ||
| He's on TV because they're going to put him on everywhere, right? | ||
| To say this is unassailable. | ||
| His point is this is unassailable. | ||
| Clark, you bring a lot of intellectual wattage to this. | ||
| Is Judge Luddick right? | ||
| Is it unassailable what happened in Colorado, sir? | ||
|
unidentified
|
No, Steve. | |
| He says it's unassailable in every respect, and I think it's assailable in every respect. | ||
| So, there are six parts to the ruling, so let me run through them. | ||
| The first one is that, you know, under Colorado election law, this section three under the 14th Amendment challenge can proceed. | ||
| The majority finds that, but there were two dissenters, and remember, all the justices in Colorado were appointed by a Democrat president, I mean Democrat governor, I'm sorry. | ||
| And they, you know, two of them thought it wasn't something you could do under the state election code. That question will not be something the Supreme Court takes up because it's a state law question. | ||
| Colorado speaks with finality about its own state law. | ||
| But the other five issues are all federal issues, and they're all fair game for the Supreme Court to use to reverse this completely lawless decision. | ||
| The first of the federal issues is that Section 3 is so-called self-executing. | ||
| In other words, you don't need to have any more process. | ||
| You can just have whoever the election authorities are, and there'll be 50 or more across the states. | ||
| They can just assess for themselves whether President Trump engage in an insurrection and decide whether to put him on or take him off the ballot. | ||
| And I think that's ridiculous and the historical case for that runs into trouble starting in 1869, Steve, where former Chief Justice Salmon Chase sat riding circuit in a criminal matter where the criminal tried to say in 1869, hey, I was convicted, but I was convicted by a judge who used to be a Confederate legislator. | ||
| So you should let me off because of Section 3 of the 14th Amendment. | ||
| Simon Chase made short work of that, said, you know, no, that's not something that comports with due process. | ||
| Also, it would create chaos because there were transitional governments, interim governments in the South after the end of the Civil War as part of Reconstruction, and while all of their acts would be nullified, it would have created chaos. | ||
| So even in a situation where you're dealing with someone who was a member of the Confederacy, It was held not to be self-executing. | ||
| So for it to be held to be self-executing more than a century later as to President Trump is truly laughable. | ||
| The next issue is the question of whether this is a political question or not. | ||
| And this goes to the limitations on courts. | ||
| So courts are not supposed to decide so-called political questions. | ||
| They're only supposed to decide true cases or controversies. | ||
| of the type that the courts in England and Westminster would have heard. | ||
| And these are, you know, basic kinds of disputes, A versus B property cases. | ||
| You know, we've expanded it somewhat, but we haven't expanded it to the stage where if the Constitution assigns something to another branch, that, you know, that's something that the courts should do anyway. | ||
| Here we had a whole second impeachment of Trump on this whole same theory, which failed. | ||
| He was acquitted there. | ||
| And that's one political process, or part political process. | ||
| It's part adjudication, part political. | ||
| And then the other thing is we have the ability to just run the election and let the people choose. | ||
| So I do think there's a very strong argument that this is a political question. | ||
| The Colorado Supreme Court Said to the contrary. | ||
| The next argument they make is that Section 3 of the 14th Amendment applies to the office of the presidency. | ||
| The state court trial judge, as you might remember, had ruled to the contrary. | ||
| So they reverse her on that. | ||
| That's one of the subjects of my paper. | ||
| The second argument in the paper was the one I've already gone through about acquittal under the second impeachment. | ||
| But the first argument was that the president isn't even on the list because it's a hierarchical list. | ||
| It starts with senators and then proceeds on down. | ||
| And the president and vice president are just not on the list. | ||
| And that's a, you know, I think a really solid argument. | ||
| MSNBC, CNN, they try to portray it as some kind of technicality. | ||
| Well, the words and structure of the statute, of the, you know, the 14th Amendment, which was adopted initially, obviously by Congress, Uh, you know, it like a statute and then it goes for ratification. | ||
| Um, you know, that, that is something that needs to be obeyed and the trial judge was willing to obey it, but not four out of the seven justices of the Colorado Supreme court. | ||
| Uh, their next argument is that, uh, you know, uh, they conclude president Trump committed an insurrection and on that they affirm the trial judge because it took her to a page 102 or so So you come around to saying that President Trump and the Office of the Presidency isn't on the disqualification list in the 14th Amendment, but she did have, you know, dozens and dozens, scores of pages saying that he engaged in an insurrection. | ||
| And this is where we come back to this whole idea of, you know, is this a self executing concept? | ||
| President Trump has never been charged with insurrection under the relevant criminal code provision in 18 U.S.C. | ||
| He's certainly never been convicted of it. | ||
| And this also brings us back to Sam and Chase's opinion in so-called Griffin's case from 1869. | ||
| You need to have due process. | ||
| You need to have the ability of fact finders to actually look at it, a jury, and decide whether someone engaged in insurrection or not. | ||
| Insurrection is not like The issue of the president having to be 35 or a natural-born citizen. | ||
| These are easily tested facts you don't need trials for. | ||
| But whether someone engaged in insurrection requires scientirsty, which is the fancy legal term for the intent. | ||
| You need to have the intent to try to overthrow the government. | ||
| And it's ridiculous to say that President Trump had that intent because he specifically said, first of all, he left office on time, right? | ||
| Which seems like a lot of folks try to forget and portray him as an autocrat. | ||
| But second, he told people to march peacefully and patriotically down to the Capitol, let their voices be heard. | ||
| And so it's ludicrous to imagine that he could ever be found guilty of insurrection, which is why Jack Smith didn't charge him with it. | ||
| And then the last thing is, they find that the First Amendment in Colorado was no protection for President Trump because He used dog whistles essentially to incite the crowd. | ||
| If he says fight, that's inciting speech, but if Maxine Waters says it, that's just political rhetoric. | ||
| And obviously that's a double standard, another way in which the Colorado decision is all wet. | ||
| Jeff, before I let you go, what's the next thing we should look for in this Colorado? | ||
| Is it the Supreme Court? | ||
| It's been state, I think, the 4th of January ballots get printed for the primary on the 5th of January, because Colorado is a 100% mail-in state, which makes my head blow up, but what's the next thing we should look for in this? | ||
| Well, Steve, the stay is very peculiar, so let me say something about that. | ||
| The state isn't just something that elapses on January 4th if the Supreme Court doesn't take it. | ||
| If President Trump seeks a Supreme Court review, the stay continues. | ||
| That's a real head-scratcher. | ||
| I've never seen that before. | ||
| It seems like a kind of artificial device, almost, to blow up their own ruling and then leave the Supreme Court saying, well, the ballots on January 5th, now that this was already stayed for an extra day, have already gone out with President Trump's name on it. | ||
| What is there to review? | ||
| Isn't this case moot? | ||
| So I think that's the next thing to see is how the Supreme Court reacts. | ||
| Do they take this case? | ||
| Do they say that it's moot and immediately vacate it because it's moot? | ||
| Or do they decide to order a merits briefing? | ||
| So that's going to be the next important thing to watch for. | ||
| Okay, we'll keep an eye. | ||
| Jeff Clark, thank you for changing your schedule around today to join us. | ||
| Really appreciate it. | ||
| What's your social media? | ||
| Where do they get you at CRA? | ||
| Sure, so I'm at Jeff Clark US on Getter and X, and at Real Jeff Clark on Truth Social, and the Center for Renewing America, which is up on screen, is at AmericaRenewing.com. | ||
| And Merry Christmas, Steve. | ||
| By the way, Merry Christmas, brother, and Russ Vogt. | ||
| You guys are doing such an amazing job on the legal side, on the budget side. | ||
| The toughest issues we're dealing with As a movement, as a party, as a country, the guys over at CRA, the men and women there are just all over it. | ||
| So I want to thank you Jeff and Russ and the entire team. | ||
| Dave Brat, we've got a lot to get through. | ||
| We're going to do the economics in the next hour. | ||
| Brat's with me for two hours. | ||
| Brat, thanks for hanging out. | ||
| I want to pick your brain first. | ||
| We've got a couple of minutes here on the Christmas season. | ||
| We're trying low-key things to get into the holiday season, but I've got to tell people, I've never seen an intensity of politics, war, all of it. | ||
| It's just insane. | ||
| Your thoughts, brother? | ||
| Yeah, well, I'll do a bit of a bank shot. | ||
| I can't go straight from Joe Scarborough into Christmas. | ||
| It's just too much of a divide. | ||
| I will go a bank shot. | ||
| And in the Bible, of course, your mind turns toward that. | ||
| And Pilate of Rome asked Jesus, what is the truth? | ||
| And that is really what's at stake here. | ||
| What is truth? | ||
|
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And of course, Jesus said, I am the truth. | |
| In this Christmas season. | ||
| But to get at the truth on this insurrection or whatever the issue of the day is, just go to the truth tellers. | ||
| You got a guy named Dershowitz. | ||
| He's the number one Harvard con law guy in the world and a Democrat. | ||
| And he makes a joke of this insurrection thing. | ||
| You've got to be kidding. | ||
| And he cites stance on the Civil War and what true insurrections look like. | ||
| And then there's even more evidence. | ||
| There's metaphysical certainty today it wasn't an insurrection because the Wall Street Journal today says it was not an insurrection. | ||
| They cannot stand Trump. | ||
| Right. | ||
| So when you get people that cannot stand a certain candidate and yet they say it's not this and they say this is an attack on democracy. | ||
| That's a problem. | ||
| And so the left, the radical left, the Marxist, leftist, socialist, communist types, they want to take over the government. | ||
| And that's what's going on. | ||
| They're creating a false narrative that's very harmful to democracy. | ||
| Their narrative cannot stand the weight of the evidence. | ||
| And Joe Scarborough says, Well, do you believe you're lyin' eyes? | ||
| Well, Joe, let's see all of the footage, and let's get all the evidence, and let's show it right in public to everybody, and then let's get to deductions about what our lyin' eyes are really seeing on that day. | ||
| Okay, okay. | ||
| It's all the truth. | ||
| But, Brett, there's a simple thing to do here. | ||
|
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It's hard, simple, but tough. | |
| Johnson's got to come back, and they should have done this at the beginning with McCarthy, or at least when McCarthy took over. | ||
| The House has to meet and just throw out the J6 committee. | ||
| It was totally phony. | ||
| Just throw it totally out. | ||
| That's being used in Colorado in 252 pages. | ||
| They break down, and remember, they offered no evidence in Colorado. | ||
| They had a couple of professors come in and talk about the committee, etc. | ||
| You take out the committee, they got nothing. | ||
| That's just the law. | ||
| But the predicate of how they're coming after him. | ||
| And throw down and say, hey, Jack Smith, if Trump's guilty of insurrection, charging! | ||
| You're supposed to be at the Justice Department charging. | ||
| It's so obvious this is a scam. | ||
| Here's what they're afraid of. | ||
| They fear MAGA. | ||
| They fear this audience. | ||
| They fear your ability to vote them out and to get to the bottom of what's happening in this corrupt, illegitimate government. | ||
| OK, a short break. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
|
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We've got a whole cast of characters who are going to come on here, so just stick around. | |
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| We've got a whole cast of characters who are going to come on here, so just stick around. | ||
| Court saying that this was what happened on January 6 was an insurrection. | ||
|
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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. | ||
| Okay, welcome back. | ||
| I'm gonna bring Brad in. | ||
| I gotta go through this quickly, but right there. | ||
| Look, some people would argue that was a failed attempt at Southern independence, but be as amazed. | ||
|
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620,000. | |
| It's John Bolton, who's a known hater of Trump. | ||
| Is he correct there, Brother Brett? | ||
| Yeah, no, and that just added evidence, right? | ||
| Bolton, and then the Wall Street Journal, kind of the globalist set, and then Dershowitz, a Democrat set, with evidence, evidence, evidence, evidence. | ||
| You know, I'd like to hook Joe Scarborough up to a lie detector test, but I think the machine might electrocute him, and I don't want to do that to my Christian brother near Christmas. | ||
| the evidence is overwhelming here and so i think all of what you're using a lot of you that you that you you yet no and that would be your political things your own did you know it's because vice provost at uh... | ||
| at liberty but you in congress Why is that thing still legitimate? | ||
| It wasn't a legitimate committee. | ||
| You didn't have a ranking member. | ||
| You didn't have a minority council. | ||
| You couldn't cross-examine the witnesses. | ||
| Why is this just love hanging out there? | ||
| It's like this sore, this canker, that everybody's now... And knowing Jack Smith couldn't do it, that's why they didn't charge him. | ||
| In Colorado, they didn't even bring any witnesses. | ||
| They had a couple of professors talking about the theory of it and some lawyer opining to this. | ||
| You've been a member of Congress. | ||
| Why is Congress not moving on that? | ||
| Yeah, well, the answer is the Republican conference has been weak. | ||
| They always let everybody run independently. | ||
| We've never spoke with a unified voice, and we've never trained ourselves to think through the big high-level issues and focus on them. | ||
| That's the answer. | ||
| The Democrats are great at it. | ||
| They take 10 yards, and then we get in and we give them two more yards. | ||
| We don't even take yards back. | ||
| So there's just a total lack of high-level thinking for the past 30 years. | ||
| Gingrich used to provide some of that way back when, but we've been trained in to just do these little shiny object things like you always point out, and we're not putting things in order, right? | ||
| The first thing you do in economics Is you look for the lowest hanging fruit, the greatest bang for the buck, the greatest good you can do for our country. | ||
| And this is one of them. | ||
| Because as you've always said, this is the predicate. | ||
| If you don't have the truth set up on these initial events, which frame the conservatives being against democracy, and being the Christians as being against democracy, if you don't take that down, then they've gained half the field. | ||
| And we need to fight back. | ||
| And today, Mike, I hope Mike goes home over break and comes back ready to roll. | ||
| We're going to send these clips to Mike Johnson. | ||
| Phillip Patrick is going to join us next hour, as is Ben Harnwell. | ||
| Brad's going to rejoin us. | ||
| We've got charts to go through, everything on the economy, capital markets. | ||
| Make sure you go to birchgold.com. | ||
| I'm really pleased people coming to these town halls and to the live shows. | ||
| And you're printing out The End of the Dollar Empire, having me sign them. | ||
| I love it. | ||
| It's free. | ||
| We're working on the fifth one right now. | ||
| It's going to be another blockbuster. | ||
| We got a couple minutes here. | ||
| You went to the town hall last night. | ||
| I want to get to that in the second hour, but one thing that doesn't get brought up enough. | ||
| You were the one and I think Bill McGinley, you got this analysis from somebody, but a document and analyze in July of 2020, August and September, you start going to the country with me and walking through this analysis you've done by Mark Elias that laid out how they were going to do it. | ||
| And I think you're going to be able to do it. | ||
| that laid out how they were going to steal the election. | ||
| It was that couldn't be more clear and how you had to wait is going to be mail-in ballots. | ||
| Trump was going to be an overwhelming victor in the first night, but just wait two weeks to account all the mail-in ballots and all the late filing mail-in ballots and all that. | ||
| A transition integrity project. | ||
| That's the whole predicate for this thing about an insurrection. | ||
| They laid out in front of us how they were going to steal this, sir. | ||
| Yes, Stephen, not just that, but I think people need to be reminded of the fact that actually between BLM, that remember used ActBlue to raise money, and Antifa, which remember had a siege of the White House, they actually ran their own insurrection. | ||
| around about those times, and that was with with material support from left-wing institutions, like I say, like Axe Blue, material support and cover from people like Rosa Brooks, former advisor to George Soros, who founded the Transition Integrity Project, and material support, you know, in terms of the conversation that was being had at the time, you know, go on, get in their faces, you know, oppress them at restaurants, do all of this sort of stuff. | ||
| And so when I look at all of the narrative around insurrection today. | ||
| All that comes to my mind is when we were sitting in the war room, you know, going over how the left was actually in the throes of an insurrection against the Trump administration way back when. | ||
| Now, the Transition Integrity Project was critical to all of this and it's critical to today because what they did was that infamous war game, right? | ||
| And that war game where John Podesta played Joe Biden His critical, critical decision at the end of that was to not concede defeat on the night of the election. | ||
| It was all there in black and white. | ||
| We gave it to you up front. | ||
| a week, two weeks, count the mail-in ballots, recount the mail-in ballots, cure the ballots, all of these mechanisms which they ended up using in 2020, which ended up delivering the White House, unfortunately, to Joe Biden. It was all there in black and white. We gave it to you up front and it's exactly what happened. No, it's still one of the most underreported stories as You can see the entire throughput. | ||
| And now they're trying to blame Trump. | ||
| Hey, if Smith's got it, bring it, dude. | ||
| The reason he won't bring it, he'll back the trial up two years. | ||
| And this is all about election interference. | ||
| OK, in honor of Raheem Kassam, we're going to go out with some great English carols. | ||
| We're going to take a short break. | ||
| Next hour, Harnwell from Rome. | ||
| Rahim's going to stick with us. | ||
| Brad's going to stick with us. | ||
| We've got Philip Patrick to talk about the economy, capital markets, all of it. | ||
| You're in the War Room. | ||
| We're going to be back in about 90 seconds. |
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