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Sept. 21, 2020 - The Charlie Kirk Show
45:19
Ask Charlie Anything 35: FILL THAT SEAT! Why the GOP Must Confirm Trump’s 3rd Justice, Pelosi’s Extortion? Can Democrats Really Pack the Supreme Court If Joe Biden Wins? And More...

Charlie answers your questions that you send to Freedom@CharlieKirk.com and the inbox was not surprisingly flooded with questions and speculation about RBG and the political fallout from her passing. Will Democrats really pack the Supreme...

Transcriber: nvidia/parakeet-tdt-0.6b-v2, sat-12l-sm, and large-v3-turbo
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Saving Our Country 00:11:46
Thank you for listening to this Podcast 1 production.
Now available on Apple Podcasts, Podcast One, Spotify, and anywhere else you get your podcasts.
Hey, everybody, fill that seat.
It is time to recapture one-third of government for many generations.
We go through that and so much more, including the breaking news surrounding the surprise death of Ruth Bader Ginsburg.
Email us your questions, freedom at charliekirk.com, freedom at charliekirk.com, and we go through action steps of how you can actually make an impact for the Constitution, for liberty, and for life.
Please consider supporting our program at charliekirk.com/slash support.
When you guys go to charliekirk.com/slash support, you help us hire more staff, cover the costs of production, and keep our program strong.
Huge episode in store.
I take your questions that you guys emailed me, freedom at charliekirk.com.
Buckle up, everybody.
Here we go.
Charlie, what you've done is incredible here.
Maybe Charlie Kirk is on the college campuses.
I want you to know we are lucky to have Charlie Kirk.
Charlie Kirk's running the White House, folks.
I want to thank Charlie.
He's an incredible guy.
His spirit, his love of this country.
He's done an amazing job building one of the most powerful youth organizations ever created.
Turning point USA.
We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
That's why we are here.
It is Monday, so I am taking your questions.
A little bit has happened in the last couple of days.
I encourage you guys to go back and listen to our weekend episodes.
All right, let's get to it.
Stephen in Minnesota.
Hey, Charlie, do you think Republicans should proceed and move forward to fill the vacant seat after the sudden passing of Ruth Bader Ginsburg?
Thanks so much, Stephen in Minnesota.
Well, Stephen, you win a signed copy of the MAGA Doctrine.
Congratulations.
So we touched on this a little bit a couple of days ago in our Ruth Bader Ginsburg episode.
And I was very intentional not to get too political in the first episode we did, just kind of talking about the landscape.
I said early, and I said often, the Democrats are going to overly politicize this, and let's see how long it takes them.
It took Chuck Schumer 15 minutes.
The first tweet that Chuck Schumer sent out said very clearly that Republicans and Trump should not fill the seat.
And then he sent a tweet right after that saying that, oh, yeah, by the way, we're all going to miss Ruth Bader Ginsburg.
So now we've entered the political moment.
And now let's talk politically.
So there's two competing theories out there.
There's one that is held by Britt Hume on Fox News, of whom I respect a lot.
I think he's very smart.
And he is pleading with the president not to fill this seat and with Senate Republicans.
In fact, let's hear Britt Hume on Fox News say just that, play tape.
And I think that the leaders have to consider what the effect would be if we plunged at what would undoubtedly be a brutal and divisive confirmation battle into the end of this, into the middle of this, I should say.
So I think that's the threshold question.
The threshold question is whether to even make a nomination.
Trump's instinct undoubtedly will be to go forward, you know, but whether Mitch McConnell will feel that way as the majority leader of the Senate at this stage, I think is unclear.
It'd be good to hear from him.
And whether, you know, if you've got the first thing he's going to want to do is, if he decides that it's an idea worth pursuing, would be whether he would have the votes.
And if you got people like Murkowski and Collins and possibly someone like Mitt Romney not prepared to go along, you might not be able to pull it off no matter what you did.
So those are all things that have to be considered as to whom, if anyone, to nominate to replace this brave soul who wages such a courageous fight against cancer.
So Britt Hume's argument is that this is going to tear the country apart.
He's actually probably right.
It will.
But that's not a reason not to do the right thing.
There's another argument out there that's a more political argument.
Some Republicans on Twitter are saying, well, we need to make sure that the president wins the White House and we keep the Senate.
And by proceeding forward with a judicial confirmation fight in the midst of an election, we'll only further energize the Democrat base and might mean that the Republicans will lose the Senate and lose the White House.
Now, while that might be true, and we'll dive into that a little bit, talking about how the Democrats are going to have renewed energy, Act Blue, the Democrat fundraising platform, has boasted that they have raised $100 million since the sudden passing of Ruth Bader Ginsburg just since Friday evening, a remarkable figure, almost hard to even comprehend.
Democrats across the country are saying that they will fly to the United States Senate, such as Gavin Newsom's chief of staff, the governor of California, who said, and I quote, I will fly and lay my body across the floor of the U.S. Senate to make sure that the Republicans don't confirm a replacement for Ruth Bader Ginsburg.
So there definitely is renewed spirit and energy on the Democrat side, something that Joe Biden has been lacking in every single poll.
This will probably mean that the Democrats will have more grassroots enthusiasm in the month of October.
So let's just talk, let's just take that argument at face value.
Is that the most important thing?
Is the most important thing to always operate just to the next election?
I'm the one that has said that this election is the most important election since 1860.
So wouldn't it mean that I should want to make an argument that we would want to play into the benefit of getting President Trump four more years?
Maybe.
First of all, I'm not convinced that if we did nothing on this seat, it would actually help Trump politically.
I hold the view that if President Trump does not fill this seat and Republicans do not have action to confirm President Trump's appointment, it'll be the end and the death of the Republican Party as we know it.
We canvassed, knocked on doors, made phone calls, we being grassroots conservatives, to give Mitch McConnell power and a check against Barack Obama, specifically in the 2014 midterm elections.
Since 2014, Mitch McConnell has overseen the United States Senate.
Mitch McConnell has let us down on plenty of issues, especially pertaining to big tech, size and scope of government, immigration, and spending.
However, Mitch McConnell has been brilliant on Supreme Court nominees and on judicial appointments.
I give Mitch McConnell credit where it is due.
Mitch McConnell has probably been one of the most tactful and effective operators when it comes to running the Senate to get judicial appointments through and confirmed.
That is a good thing for our country.
It's a good thing for the Republic.
Well done, Mitch McConnell, on that.
However, a lot of grassroots conservatives, not just a lot, but I think the majority of the Republican Party will revolt in disgust if this seat is not filled before the election.
While there might be a couple point benefit for Democrats in money raised and volunteers and kind of just the general enthusiasm of the Democrat base, if President Trump continues to proceed and Senate Republicans confirm the pick, I think there would be a double-digit decrease for Republicans if this seat is not filled.
So I don't take that argument at face value at all.
I think that the argument to keep this seat filled because it's bad for Republicans politically is not true.
In fact, I believe that if President Trump fills the seat and is able to get into Election Day with five solid Supreme Court justices that are constitutional conservatives, that will only continue to broaden the appeal of President Trump in Midwestern states where these are center-right states that care a lot about the future of the Supreme Court, care about issues of life, firearms, size and scope of government, borders,
and a strong America.
The failure to do so for Mitch McConnell and Senate Republicans will spell the death of the Republican Party.
So consider this a warning shot, Republicans.
If you do not fill this seat, it'll be the end of the Republican Party.
Lisa Murkowski, Susan Collins, Mitt Romney, and yes, even Senator Corey Gardner, we're talking to you right now.
The pressure is on you.
And if you're just worried about losing reelection, so what if you lose reelection?
I would rather have a young, pro-life conservative justice than another six-year milquetoast Republican senator from a moderate Republican state like Maine.
Susan Collins, you have an opportunity to go down in the history books as someone who was the deciding vote on Brett Kavanaugh and on this judicial appointment, and then maybe you lose your election.
Okay, I hope you don't lose.
But the question is: what do we value in the conservative movement in our country?
Do we value Senate majorities or do we value fighting for truth?
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And so Susan Collins, if you lose your Senate seat, but you fight for a justice that very well might overturn Roe versus Wade, which is actually not a view that Susan Collins has, by the way.
Susan Collins is a pro-choice senator.
Nevertheless, that is a much longer-lasting legacy and a more important legacy than just getting another six years to go be a representative of the kingdom of Washington, D.C. Who cares how long you've been in the ruling class?
I care about what you've done for our country.
I personally have more respect and admiration for someone who fights, stands up for what is right, stands up for what is correct and right and true, and loses an election than someone who just goes and tries to always pursue political expediency.
A lot of the Trump base is built on voters of faith, voters of life, and voters that value the Constitution.
Certainty Through Checks and Balances 00:05:40
I'm one of those voters, by the way.
And one of the main reasons why we support President Trump so vocally, so publicly, is because of the courts.
One of the reasons why I'm unafraid to go into churches and advocate for President Trump to win four more years is because we have Gorsuch, Kavanaugh, and 200 circuit court judges.
So I'm going to say something rather provocative here, but it's true.
We should work backwards.
Let's game this out a little bit.
These are just thought exercises.
I'm not going to say this is going to happen, but it is a possibility.
What if Joe Biden wins?
That's right.
Imagine it.
What if Joe Biden wins?
It's a possibility.
It can happen.
What if the polls are more right?
What if the pollsters adapted their methodology?
And what if Donald Trump loses?
I hope this doesn't happen.
I'm working every day to make sure this doesn't happen, but it's a possibility.
Will you be able to live with yourself if you thought, wow, we had that 45-day window to fill the Supreme Court seat, and we didn't.
We had the opportunity to make the court constitutional in nature, not revisionist or activistic in nature, for the next three decades.
If Donald Trump loses, which is in the possibility of the uncertainty of 2020, wouldn't you want to act in one way that is a given?
To use geometric terms, we should always lay out what is a given and what is uncertain.
It's a good way to view life, and it's a really good way to rationally analyze politics, which generally becomes way too emotive in nature.
It is uncertain as to whether or not Donald Trump will win the election.
It is uncertain as to what the country will look like post-election.
It is uncertain as to whether or not the Senate will remain in Republican hands.
It is uncertain what the Democrats will do next with power.
But right now, there is a certainty.
The certainty is that one of the three branches of government, that's right, we only have three branches of government.
I could make an argument.
There is a fourth branch of government, which is the bureaucracies, which is unchecked, unknown, and has unlimited power.
But that's a different podcast for a different time.
But out of the three branches of government, if you told me that come January, I can guarantee you that that branch of government will be solidly constitutional for the next couple decades, but I don't know what will happen to the other two branches, which, by the way, have much higher turnover rates where the Supreme Court is much more inelastic.
It is much more permanent.
I would take that deal.
I would take on the tough fight.
I would.
Mind you, I'm fully admitting that this Supreme Court fight might mean that we might suffer politically.
I'm saying it's worth it.
I'm saying it's worth it because when Joe Biden, in the hypothetical scenario that we have a Biden presidency, might try to do another DACA deal by executive fiat, that constitutional Supreme Court will strike him down.
That when the United States Senate might try a gun-grabbing bill, the Supreme Court might strike it down.
When the United States Senate tries to give amnesty to illegal aliens, that constitutional United States Supreme Court might strike it down.
What you can see here is going back to Montesquieu, where we get the idea of checks and balances from, we have a permanency of certainty of constitutionalism that is now being offered to those of us that love our country.
In fact, I would make the argument if we fill the seat, I actually think it improves the president's chances.
But I'm not going to tell you that I am 100% certain on it because there is a potential, and I'm just putting all the possibilities on the table here, of a backlash and a boomerang where the Democrats find Barack Obama-style 2008 energy out of this moment.
Where all of a sudden the Bernie Sanders people that were unactivated, the young people that were silent, come out and they vote out Trump just on the issue of Ruth Bader Ginsburg's seat.
That is a possibility.
I think it is a small possibility.
I think it is unlikely, but it can happen, just to kind of use game theory and game this out.
I actually think that it will boost Joe Biden's numbers in New York and California, but I actually think it will boost President Trump in states like Pennsylvania, Wisconsin, and Michigan.
But actually, none of that really matters.
I have grown exhausted and I have grown weary of the argument that we must look to the next election as a reason or as a guiding principle as to whether or not we should do the right thing.
Out of the three branches of government, the judicial branch, the legislative, and the executive branch, two of those branches turn over every couple years.
One every two years, the other every six years, lower chamber, upper chamber, and the other every four years.
The judicial branch is built into stone for a couple decades.
These are lifelong appointments.
Take that opportunity.
Seize the Judicial Opportunity 00:03:34
Seize it.
For the 1 million abortions that happen every single year, seize it.
For the gun grabbers that are licking their chops by the name of Mike Bloomberg, seize that opportunity.
For the size of the fourth branch of government and the regulatory state that is coming after our first freedoms, seize it.
For the tech companies that need to be reined in by justices that understand that monopolies have no place in the American marketplace, seize it.
For all these reasons and more, not to mention the attempted amnesty of 15 million people and the erosion of American sovereignty, those courts mean more than ever before.
So for all those reasons and more, seize the opportunity.
We as conservatives need to come from the belief that we have been losing our country.
Well, now we have an opportunity to actually win something and not just win an election, everybody.
This is winning a branch of our government.
This is winning one-third of the greatest country ever to exist governments.
One-third of it can now be in constitutional conservative hands.
When you look at it that way, it's not even a question as to whether or not we should proceed.
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I want to get to the next question, which actually ties to this question, because the Democrats are now sending out their threats.
You see, the Iranians and the Democrats have something in common.
They love using hyperbolic threats against the American people to try to get their way.
That's maybe why the Iranians and the Democrats get along so well.
Harold from Montana asks this question, and congratulations, Harold.
You win a signed copy of the MAGA Doctrine.
Democrats Threaten Impeachment 00:03:23
It segues beautifully.
Says, I'm hearing that the Democrats have threatened that there's nothing off the table if Trump appoints a Supreme Court justice.
They're even threatening to pack the Supreme Court if Trump appoints a justice and then loses in November.
How is this even constitutional?
Well, it is constitutional.
Nowhere in the Constitution does it specify that you have to have nine Supreme Court justices.
We could have five, we could have three, we could have 15.
So now court packing has been gaining support in the Democrat Party.
And they're threatening to pack the court.
And they're also threatening another nuclear option.
I'll mention that.
It's from Nancy Pelosiotz.
Pretty amazing, actually, to think about what they're actually willing to do.
And we warned you guys in the RBG episode: get ready because the Democrats are coming.
So Representative Joe Kennedy, who will never be a U.S. Senator, said, quote, if he holds a vote in 2020, we pack the court in 2021.
It's that simple, Joe Kennedy said.
Ed Markey, who beat Joe Kennedy in his primary in Massachusetts, said, quote, Mitch McConnell set the precedent.
No Supreme Court vacancies filed in an election year.
If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.
So attempted unsuccessfully by FDR in 1937, FDR, who was a wannabe autocrat, only president to be elected to four terms and serve three full terms.
He died in his fourth term.
He tried to force through parts of his New Deal that were ruled unconstitutional by the high court.
Now, again, the Supreme Court was established in 1789 by Article III of the United States Constitution, which also granted Congress the power to create inferior federal courts, circuit courts, and district courts.
The Judiciary Act of 1789, the act signed into law by President George Washington, specified that the court would make up six justices who would serve on the court until they died or retired.
Even though the first court comprised of just six justices, Congress altered the number of Supreme Court seats from a low to five to a high of 10, six times over the years.
In 1869, Congress set the number of seats to nine, where it has remained until today.
As of 2017, 113 justices have served on the United States Supreme Court.
So, basically, to sum all that up, while the role of the Supreme Court is established by the Constitution, its current makeup and composition and the norms by which it operates was established by Congress.
Consider this, though.
Democrats who would expand the court would also have to acknowledge that they did not have the support from Ginsburg herself, who warned against court packing just this past year in 2019.
Ginsburg, who they are now making the argument we must honor her wishes as if this was her seat, which it wasn't.
This is the people's seat.
She did not own it.
She just happened to occupy it.
She said, quote, nine seems to be a good number.
It's been that way for a nine times, she told National Public Radio, quote, I think it's a bad idea when President Franklin Roosevelt tried to pack the court.
So the Democrats are trying to honor her wishes in one capacity, but dishonor her wishes in another capacity.
So let's kind of work through this.
The Democrats are threatening they will pack the courts if they get their power back.
The Fight to Pack Courts 00:15:25
Nancy Pelosi with George Stephanopoulos in a very bizarre interview.
She seemed very confused.
She is becoming more and more like Joe Biden.
We're in the midst of the interview.
She just said, good morning.
It's very weird.
She said that her option, as I mentioned earlier, I previewed this, of impeaching the president during this fight is not off the table.
Play tape of Nancy Pelosi.
Some have mentioned the possibility if they try to push through a nominee in a lame-duck session that you in the House could move to impeach President Trump or Attorney General Barr as a way of stalling and preventing the Senate from acting on this nomination.
Well, we have our options.
We have arrows in our quiver that I'm not about to discuss right now.
So that's Nancy Pelosi in her own very confused way, basically saying that the Democrats might do impeachment proceedings against the president the second of this year, 45 days before an election, in the midst of highly contested House and Senate races, to impeach the president, try to prevent him from filling RBG's seat.
All the while, the Democrats are now holding the American people metaphorically hostage, saying we're going to start shooting prisoners.
I'm using metaphorical terms if you dare fill this seat.
Their idea of shooting prisoners is packing the court.
So here's my response to all this.
Good.
We finally found something you care about, Democrats.
We finally found something that you're willing to blow the country up over.
We finally found something that you're so worried that you might lose that you're willing to impeach the president again the second time in one year and also pack the courts.
That's a fight I'm willing to have.
You see, Democrats are like children.
They're infants.
They'll whine, they'll scream, they'll threaten, but there's very little sting to their punch.
They won't be able to pack the courts.
Joe Manchin, even moderate Democrat Kirsten Sinema, will come under such incredible grassroots revolt if they get the Senate back to even get 51 votes to pack the courts.
It's not going to happen.
It won't.
But they like to threaten this in the public arena because they like to scare people.
This is Chuck Schumer and the Democrats trying to create a form of a political hostage scenario.
If you dare do this, we will retaliate.
Again, that is not dissimilar to how the Iranians work.
The Democrats are extortionists.
All the while, let's remember, it was Harry Reid that set the precedent of breaking the filibuster to try to appoint judges and justices.
Play tape of Mitch McConnell warning Harry Reid not to do this.
Play tape.
Once again, Senate Democrats are threatening to break the rules of the Senate.
Break the rules of the Senate in order to change the rules of the Senate.
And over what?
Over what?
Over a court that doesn't even have enough work to do?
The majority leader promised.
He promised over and over again that he wouldn't break the rules of the Senate in order to change them.
If you want to play games, set yet another precedent that you'll no doubt come to regret.
Say to my friends on the other side of the aisle, you'll regret this, and you may regret it a lot sooner than you think.
Mitch McConnell, of whom I have criticized a fair amount, and this is healthy criticism, by the way.
I don't dislike him.
I actually have a lot of respect for him.
I have to give him credit.
Mitch McConnell was very much clairvoyant in the way that he articulated how this was going to play out.
This will come back to bite you sooner than you think.
Harry Reid sent out a tweet back when he got rid of the filibuster.
So let's kind of go through the filibuster.
We have a lot of listeners here that are actually just new to politics.
And by the way, thank you for listening.
I just love all the emails we get from people that say, I was disinterested till now.
So the filibuster is this.
A filibuster is a rule that is not in the Constitution.
Thomas Jefferson argued that the U.S. Senate should be a majoritarian body, meaning that 51 votes should be enough to move the Senate forward.
The filibuster is actually, what did Barack Obama call the filibuster?
Oh, yeah, a Jim Crow relic.
That's what he called it.
The filibuster was actually put in place during segregation as a way to try to kill civil rights legislation.
The filibuster is this: it is a rule that the Senate passes.
And just so you understand, if you don't know anything about the U.S. Senate, that's perfectly okay.
The Senate passes their own rules every year.
Who the majority leader is, how long people have to speak.
It's hundreds of pages long.
One of the reasons why Mitch McConnell is able to remain in power as majority leader is he actually understands the Senate rules.
And so the Senate rules are voted on in the beginning parts of every new session, right?
So after every midterm election, the Senate votes on rules.
One of the rules being that it should take 60 votes to pass massive spending bills and to confirm judges.
Senator Harry Reid, senator from Nevada, who recently retired, was the Senate majority leader when Barack Obama was president until Mitch McConnell won back the Senate in 2014.
Senator Harry Reed tried to get a couple circuit court judges confirmed under President Barack Obama, said, we're getting rid of the 60-vote threshold and we are going to break the filibuster.
Mitch McConnell was upset about this.
We just played tape from him.
You heard from him, where Mitch McConnell is a man of tradition.
Mitch McConnell does not want to set a new precedent.
Mitch McConnell is a man that cares a lot about the parliamentary aspect of the U.S. Senate.
He's a procedural guy.
That's an easy way to put it.
And so because of this, Mitch McConnell looks to Harry Reid and says, you broke the filibuster for a judge.
I'll break the filibuster for a judge.
That's why Gorsuch and Kavanaugh were both confirmed without 60 votes.
That's why over 200 circuit court judges have been confirmed without 60 votes.
So when you hear the filibuster being thrown around, it means that Chuck Schumer is going to remove the 60-vote threshold to be able to pass things like Medicare for all, massive spending bills, and very complex pieces of legislation.
This was all started, the filibuster was, in 1959, when the Senate was anticipating more civil rights legislation.
The Senate, under the leadership of Majority Leader Lyndon Baines Johnson, soon to be president of the United States, restored the cloture threshold to two-thirds of those voting.
So, if this is all very confusing to you, I completely get it.
Here's the essence of it: that the Democrats are threatening that if they win back the Senate, so if they're able to win Arizona, win Montana, win Colorado, North Carolina, and win back the United States Senate, that they will break apart the filibuster.
And if they also win back the White House, it'll take only 50 votes.
If they do not win back the White House, it will take 51 votes.
Because going back to your U.S. Constitution course, the vice president breaks the tie in the time that the U.S. Senate comes to a tie, the vice president breaks the tie.
So, putting that all together, the Democrats are trying to extort the American people.
All the while we are seeing calls for riots.
All the while, we are seeing Mitch McConnell having protests outside of his home.
They're already mobilizing more demonstrations outside of Senator Lindsey Graham's home.
This is happening in real time.
The Democrats look at this as the new gladiator ring to prevent a constitutional majority on the U.S. Supreme Court.
Let me be as clear as I possibly can: you're going to lose, Democrats.
You're picking a fight with the wrong grassroots portion of the American public.
We're going to win.
And if you're listening to this and you say, I actually care about the unborn, I care about church being essential.
I care about firearms.
I care about my country.
I care about the Constitution.
Contact one of these U.S. senators respectfully right now.
Do it respectfully.
Contact Senator Corey Gardner in Colorado, Senator Susan Collins in Maine, Senator Mitt Romney, or Senator Lisa Murkowski.
She's probably the least important.
She's a total write-off.
The one I want to focus on the most, though, is Senator Mitt Romney.
If everyone listening to this podcast right now went to Mitt Romney's Senate website and emailed him every single day and said, Senator Romney, I supported you in 2012.
Why would you not confirm Trump's pick?
Believe it or not, Senator Mitt Romney, of whom I have criticized publicly, who I have criticized with a lot of careful words.
Let's put it that way.
Not a fan.
If he votes for Trump's pick, I will be the first one to praise him.
I will.
I put politics so far aside when it comes to Supreme Court picks because I love my country and I know how significant the U.S. Supreme Court is.
But everyone listening to this right now should contact one of those senators, specifically Mitt Romney, and say, we implore you to confirm this justice, whomever it might be, because I know the president's list and I've gone through the list and they're all terrific.
It's a phenomenal list.
Grassroots pressure.
You listening right now, that is one way that you can help contribute to the Republic.
And let me tell you that these senators read their emails, they listen to the push that happens when people contact them.
And if you're in the state of Utah, you absolutely should be flooding the switchboard, calling Mitt Romney every day.
If every person watching and listening to this contacted Mitt Romney, you actually might play a role in saving our republic.
You might.
So now we have an opportunity.
The Democrats' operating position is this: this is their negotiation.
If you confirm a justice, when we get power back, we're going to pack the courts.
We're going to impeach the president while you're doing it, possibly not being dismissed by Nancy Pelosi, being called for by certain liberal activists.
We're going to storm the halls of the Senate.
And many people, as we profiled in a previous episode, we're going to burn down America.
That's basically what they've said.
Well, they've already done that the last couple months.
So it's not that the rioting will start, it's that the rioting will continue.
Here's our negotiating position.
I don't care what you threaten us with.
We don't negotiate with you.
The American people entrusted Republicans with a Senate majority in 2018 to expand our majority.
We are going to confirm this justice, this judge who wants to be a justice, I should say.
We are going to push back against you.
We learned from 2018 with Kavanaugh.
We're going to profile your insanity in the streets.
We're going to publicize your calls for insurrection, like the people that were calling for the burning down of America.
We will calmly and factually and deliberately refute the nonsense from the mainstream press, the activist media, and the Senate judiciary Democrats.
And we're going to win.
And if that means we lose in November, fine.
I can live with myself knowing that there are five good justices, one turncoat, and three revisionist activists.
And if Roberts sides with the five majority, whatever.
But Kavanaugh, Alito, Thomas, Gorsuch, and whomever this fifth person is, that's the firewall for liberty.
That's the safeguard for our country against whatever Joe Biden and all of them are planning.
You must make decisions based on the given, not the uncertain.
It is possible that Joe Biden will be inaugurated president in January.
It's very possible.
It's possible that Chuck Schuber is going to become majority leader.
He won't be able to pack the courts.
The American people won't put up with it.
Manchin, cinema, some of these more moderate Democrats, not going to happen.
And a lot of what Joe Biden is going to try to do, he's going to try to do by fiat.
And with a Supreme Court that's constitutional in nature, a lot of those things can be overturned.
And I lived through the Obama response.
The minute Joe Biden takes office, there will be a movement to hold Joe Biden accountable that will make the resist Democrat movement in 2016 and the Tea Party movement in 2010 look like nothing.
Because the Trump base, which is bigger and stronger than it ever has been in conservative politics for a base for a president, we're not going to go away in January.
We're still going to be mobilized.
A lot of the groups will still have data of our activists.
And we're still going to love our country the same.
And yet, we're going to be pretty upset that we lost.
And there will be tremendous grassroots pressure the minute that Joe Biden theoretically would get sworn into office.
That I can live with.
Do I think it's going to happen?
No, I actually don't think it will.
But it's possible.
In a year where I didn't think we'd shut down our country, in a year I didn't think that critical race theory would be taught in our churches.
In a year that I didn't think that looting would be glamorized as a normal activity, or a year where I didn't think that the American people wouldn't want to hold China accountable for an epidemiological Pearl Harbor, I'm done playing in uncertainties.
I'm now trying to get back to the roots of what I know can happen.
And what I know is this, that reclaiming one-third of our government away from the Warren Court or the Burger Court to very liberal courts that resulted in some of the worst left-wing precedent, including Roe versus Wade, now we can have the Kavanaugh Alito Thomas Gorsuch court.
What Happens in a 269 Tie 00:05:28
In a year of unpredictability, of uncertainty, let's deal in givens.
Let's deal in things that transcend elections, that are multi-generational in nature.
And that is why Senate Republicans hold the line for grassroots conservatives listening to this.
This is the most important fight that we can be in right now.
Equally as important is our election, but get the justice seat filled.
Contact those senators I mentioned, Romney in particular.
Get engaged, demonstrate publicly.
A lot of you had said, Charlie, what can I do to help save the country?
This is your call to action.
Fill the seat, hold the line.
It might actually save our country.
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Charlie, if the 2020 election results in a 269 to 269 tie in the Electoral College, what is the next step?
Can the state legislature step in or does it automatically go to the House of Representatives?
Does that mean that the Democrats get to choose who becomes president?
What about if we get a 269 tie and the Democrats win the Senate?
Could it be possible to have a Republican president and Democrat VP keep finding the good fight?
Nate.
So, in the event that we have a 269 tie, which is actually a likely scenario, I shouldn't say likely, it's a possible scenario.
It's becoming more and more likely.
I actually have some good news for you.
Yes, the House determines the winner.
However, the way the Constitution is written, every state gets one vote.
So, California, with its dozens and dozens and dozens of Congresspeople, gets the same vote in breaking the tie as South Dakota.
So, each state caucus votes within themselves, and then they go represent their one vote.
Here's the good news: Republican-tilting states, states that would vote for Trump, it's about 27 states.
It's enough to break the tie.
So, therefore, the House would be a 26 to 23 split, not 27.
There was one change there, with Trump winning.
So, if we tie, it doesn't matter that Pelosi is Speaker of the House, the House would break the tie.
However, Pelosi does have one trick up her sleeve.
Pelosi has one thing she can do, which is a legitimate threat.
Now, the one little weapon that Pelosi has, regardless of whether or not we have a 269, 269 tie, is that according to the Constitution, the House of Representatives must certify the Electoral College outcome before it is made official.
It's a little known wrinkle in the U.S. Constitution.
So it is conceivable that Nancy Pelosi could refuse to certify the election results.
I think it's unlikely, but it is possible.
The language reads like this.
If no candidate receives a majority in the election, meaning a majority of electoral votes, for president or vice president, that election is determined via a contingency procedure established by the 12th Amendment.
In such a situation, the House chooses one of the three presidential electoral vote winners as the president, while the Senate chooses one of the top two vice presidential electoral vote winners as the vice president.
So the House picks the Senate, the Senate picks the vice president.
In the unlikely event that the House picks the president and the Senate picks the vice president, then you would also have the Senate vote all as one state together.
And so it is conceivable that you could have a Trump-Harris administration.
I think that Kamala Harris would be asked to resign.
But I don't know.
Maybe she'd want to be vice president in a Trump administration.
I think that'd probably be a fitting ending to 2020.
The long and short of it, though, is this, is that if it goes to the House, Trump wins.
So if we have a 269, 269 tie, you do not vote as a straight House.
Every single state gets one vote.
Thank you guys so much for emailing your questions in.
Please continue to send me in your questions, freedom at charliekirk.com, freedom at charliekirk.com.
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Fill that seat.
Contact Mitt Romney.
Thank you guys so much for listening.
God bless.
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