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Indictment Looms Over Biden
00:09:56
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| Hey, everybody. | |
| Today on the Charlie Kirk Show, Kash Patel joins us, then Harmeet Dylan to talk about the latest with the view. | |
| Also, Hunter Biden being under investigation by the Department of Justice. | |
| Looks like an indictment might be looming and so much more. | |
| Email me your thoughts, freedom at charliekirk.com and support the Charlie Kirk Show at charliekirk.com/slash support. | |
| Buckle up, everybody. | |
| Here we go. | |
| Charlie, what you've done is incredible here. | |
| Maybe Charlie Kirk is on the college campus. | |
| 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 is 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. | |
| Brought to you by the Loan Experts I Trust, Andrew and Todd at Sierra Pacific Mortgage at andrewandTodd.com. | |
| Getting tons of emails coming in. | |
| A lot of good wisdom. | |
| And I do have to say, though, there is not consensus amongst our listeners. | |
| We have answers all over the map of consider her intentions, Whoopi Goldberg, to forgive her with no question, to don't forgive her at all. | |
| It's very interesting, which shows that my lack of clarity on that, which doesn't always happen on issues like this, but I'm just being transparent with you, is shared by many people. | |
| Okay, freedom at CharlieKirk.com. | |
| We have with us Kash Patel, the wonderful Kash Patel. | |
| Many stories. | |
| I want to dive into him. | |
| I think with him. | |
| Cash, you're coming to Arizona soon, aren't you? | |
| I'll be there in two days, Charlie. | |
| Great to be with you on the air where we're here. | |
| And yeah, I'll be on the ground for Carrie and Blake and Abe out there. | |
| That's great. | |
| Tell us a little bit about that. | |
| You're going to be stumping for Kerry Lake, Blake Masters, and I'm going to approach your Abe Hamada, right? | |
| Is that right? | |
| Hamada? | |
| Yeah, Abe. | |
| Yeah. | |
| So, you know, as you know, you are in the orbit of Donald Trump and know how hard he fights for America first candidates. | |
| And he asked Rick and I to be out there for guys like Adam Laxalt. | |
| And this week, it's all about Arizona. | |
| So we've endorsed Kerry for governor and Blake Masters for Senate. | |
| Those two are going to be fantastic representing the state of Arizona. | |
| And we need better law enforcement. | |
| So we're going with Abe Hamada, who's going to secure the border with those two individuals and make Arizona safe again. | |
| So you will be here this weekend. | |
| I know you guys are doing a lot of events. | |
| I want to get to another story here, Cash. | |
| And maybe Cash, if you're in town, please stop by the studio. | |
| We'd love to chat with you about this. | |
| So this story from thepostmillennial.com. | |
| Joe Biden met with at least 14 of Hunter Biden's business partners while vice president under Obama. | |
| Now, I'll be honest, Cash, you know, I have a lot of things going on, and I'm reading news seven to eight hours a day. | |
| People say, Charlie, what's your show prep? | |
| Show prep is life. | |
| Okay, everything we're doing is show prep. | |
| But I'll be very honest. | |
| I'll be very honest that I can't even follow all of the wrinkles in this Joe Biden-Hunter Biden story. | |
| There's new messages coming out saying that he did indeed call him the big man. | |
| I mean, it is daily at this point, Cash. | |
| Walk our audience through these recent revelations and the significance. | |
| Well, I think the, you know, as a former federal prosecutor and the Russian gate guy, I think the only place you need to look is the fact that CNN is headlining that Hunter Biden is now under investigation. | |
| And if you rewind the clock and you remember, these people are the same ones that said all of this information is coming from one place, Hunter Biden's laptop. | |
| And everybody, including Twitter and CNN, said that was fake information, disinformation, including 51 former intelligence officials. | |
| What you now see is what I've always done when I was leading investigations, be it in the House or the Department of Justice. | |
| They're following the money. | |
| Money doesn't lie. | |
| Tax evasion schemes don't lie. | |
| So, what you are seeing is piecemeal evidence text messages, which sort of color the window framing of this money trail of him getting paid by Burisma, then not declaring in federal taxes. | |
| Did he register with the overseas authorities to lobby on their behalf? | |
| These are the snippets of information that's coming out. | |
| And when it's coming out like this, that to me historically has always meant that there is a pending indictment coming in the near future, and they're just trying to leak favorable information to muddy the waters. | |
| Yeah, and I, I, some people say, oh, Hunter Biden will never be indicted. | |
| I disagree. | |
| I think they're going to use a Hunter Biden indictment to get Joe Biden not to run again in 2024, and maybe Joe Biden will be then able to pardon his son at the end of his term. | |
| So, let me ask you the question. | |
| Let me ask you the question, Cash. | |
| Do you think it's going to be a serious indictment or a bunch of tax stuff? | |
| I mean, is it too far to say, and please reel me in because I have a tendency to do this at times, that this is treason? | |
| Well, I mean, if it's so, I don't have enough information to say how far connected Joe Biden is, but we have enough information to say that he needs to be investigated. | |
| And I don't know that this Department of Justice can do that. | |
| But in terms of Hunter Biden, I know tax fraud cases aren't sexy, but from a federal prosecution standpoint, those are the ones that are very easy to make because they are document cases. | |
| You don't need a lot of witnesses, and the numbers don't lie. | |
| On top of that, the sentencing guidelines when you're convicted of tax fraud are enormous because you're talking about millions and millions of dollars. | |
| And that's what determines your sentence. | |
| Unlike other crimes, like we see people getting a slap on the wrist or getting launched based on some Mickey Mouse January 6th conviction, the federal sentencing guidelines for fraud are enormous. | |
| And that's what Hunter Biden's looking at, which is why I'm a champion of his tax fraud case. | |
| That's what I would bring first. | |
| I would bring the conspiracy stuff later if it added value. | |
| Yeah, I mean, and it looks more and more that his father is involved in this, right? | |
| And so I think one of the insurance policy for Joe Biden is that they accidentally realized that the Democrat Party is actually better with Joe Biden than Kamala Harris. | |
| It was like, wow, thank goodness I have a terrible vice president. | |
| This actually might save my family. | |
| Because if she was even remotely successful, I think this thing would already be wrapped up by now. | |
| So, Cash, how bad must the evidence must be or how convincing the evidence must be if they go after a president's son? | |
| Because this is unusual, isn't it? | |
| Well, it's unusual for them to go after a Democratic president's son. | |
| Obviously, they went after our friend Don Jr., the former President Trump son, and they tried to do to him falsely what the reality shows that they should do to Hunter Biden. | |
| Now, the thing with, and again, I hate keep going back to the simplicity of it, but numbers are just the best piece of information you could put forth. | |
| Oh, you made a million dollars from the Ukrainian government, and then you didn't declare that on your federal taxes, and you didn't register with the Department of Justice to be a foreign agent. | |
| Those are two felonies you could prove overnight without any witnesses in a court of law. | |
| So, I think those are the serious investigations that this U.S. attorney is looking at. | |
| A U.S. attorney, by the way, who I don't know personally, but is a leftover from the Trump administration. | |
| I'm not sure why Joe Biden and his infinite wisdom didn't replace him. | |
| I'm not saying that means he has the gumption necessary to bring this case, but the fact that they are, the media is attacking this U.S. attorney is not savvy enough to bring this prosecution. | |
| You don't have to be savvy to bring a tax case. | |
| It's really not complicated. | |
| You don't even have to go to law school to do it. | |
| Yeah, and so, I mean, how far-reaching could this potentially be? | |
| Because there's some overlap here: I mean, you have Durham, who's also doing Jake Sullivan. | |
| You have Biden, who I think was aware, by the way, of the Peter Struckstroke smirk, Lisa Page, and all this other stuff. | |
| I mean, you could potentially have simultaneous investigations happening against the top levels of the Democrat Party. | |
| Well, you do have some already going. | |
| And I think, you know, John, we've talked about John Durham a lot in the past. | |
| We'll rehash that, but he's got ongoing stuff. | |
| And as you've highlighted, this Hunter Biden investigation is very expansive. | |
| It involves the current president of the United States. | |
| It doesn't get more direct linkage to the Oval Office than that. | |
| Now, you're right. | |
| Who are the other cast of characters that helped them do it? | |
| Because these two guys didn't do it on their own. | |
| Who else in the Democratic Party helped them? | |
| Did anyone in Hillary World help them? | |
| Who else at, you know, Biden Nation in downtown Delaware helped concoct this scheme? | |
| And I think a lot of people are going to get thrown up. | |
| This is what happens. | |
| You know this, Charlie, better than most because you read about it so intensely. | |
| Once indictments start coming, people start getting thrown under the bus. | |
| Longtime allies and friends suddenly become enemies, and you will quickly learn how expansive this investigation is. | |
| That's the first indictment. | |
| Yeah, so have we seen any evidence of that yet, the turning of one against the other or not yet? | |
| I haven't seen it publicly, which means, which actually makes me happy about it because what I have seen, though, from a former prosecutorial perspective is the snippets of information that are sort of being tailor-made leaked, not about the targets necessarily of the investigation, i.e. Joe Biden and Hunter, but about the substance of it. | |
| When you have CNN outlining the documented fraud, what they are trying to do is bury their fake news from two years ago that the laptop was fake, and then they'll go parrot around how they rightfully leaked information about Hunter Biden's incorrect, I would say for now, tax issues. | |
| And so I think when you see things like that slowly starting to add up, and when you start seeing other media outlets add to that, that lets you know that this case is probably going somewhere soon. | |
| Kash Patel, you're a great American patriot. | |
| When you're in town this weekend, please stop by. | |
| Keep up the great work. | |
| Thank you, Cash. | |
| Look forward to seeing you, Charlie. | |
| Thank you. | |
|
Monkeypox Spread Through Orgies
00:06:46
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| One of the best things you can do to improve your health is get at least seven hours of quality sleep every single night. | |
| I know it's hard to get that much sleep. | |
| Your mind keeps you awake and you can't get comfortable. | |
| But you wake up early and you can't fall asleep again. | |
| There's hundreds of reasons why you can get seven hours of quality sleep every night. | |
| But listen, this is very important. | |
| Your body needs to heal itself when you sleep. | |
| And you're not getting enough quality sleep. | |
| You're increasing your risk of disease and making it harder to lose weight. | |
| Would you like to know an easy way to get more quality sleep every night? | |
| Well, make sure you're getting enough magnesium. | |
| Believe it or not, around 75% of people do not have enough magnesium. | |
| I take magnesium every night. | |
| And as soon as I did it's a game changer, one of our team members that helped runs our events at Turning Point USA. | |
| She was having trouble sleeping. | |
| I recommended magnesium to her. | |
| Bang. | |
| Game changer. | |
| There's actually seven different unique forms of magnesium, and you must get all of them if you want to experience its calming sleep-enhancing effects. | |
| That's why I recommend magnesium breakthrough by buy optimizers. | |
| Simply take two capsules before you go to bed. | |
| You'll be amazed by how much better you sleep, how much better rested you feel when you wake up. | |
| For an exclusive offer for my listeners, go to magbreakthrough.com slash Kirk to save up to 42%. | |
| Again, you can save up to 42% of magnesium breakthrough when you go to magbreakthrough.com slash Kirk, magbreakthrough.com slash Kirk. | |
| I will give multiple disclaimers throughout this segment. | |
| This segment will be talking about topics that I don't think children should be exposed to. | |
| And if you're a parent that wants your child to be exposed to this, then you should send them to public school because they have plenty of these sort of things that they discuss all the time just through a different framing. | |
| So we're going to be talking about a topic here in the next five minutes. | |
| I'm going to give another disclaimer before I actually read a tweet. | |
| So America leads the world in monkeypox cases. | |
| And the fear mongers, the CDC, the FDA, they are getting back into gear to try to justify emergency powers and continue, by the way, the COVID emergency use authorization, which why does that still exist, is just a complete and total mystery to me why the federal government still has emergency use authorization powers. | |
| And so America has the most monkeypox cases in the world. | |
| And you might be wondering, how does one get monkeypox? | |
| Well, monkeypox is transmitted largely through close sexual contact, the trading of bodily fluids, if you will, in primarily the gay community in America. | |
| Now, you can say this, but you might get banned from social media, but just listen to the CDC director, Rochelle Walensky, saying this and listen carefully to what she says. | |
| Play cut 40. | |
| We do have seen now two cases that have occurred in children. | |
| Both of those children are traced back to individuals who come from the men who have sex with men community, the gay men community. | |
| And so when we have seen those cases in children, they have generally been what I call adjacent to the community most at risk. | |
| Wait, how did children get it exactly? | |
| You mean that they were raped? | |
| That deserves an explanation. | |
| How on earth did kids get monkeypox? | |
| You don't get it by swimming in the pool. | |
| Who raped the children exactly? | |
| Rochelle Walensky? | |
| Now, I want to put all of you at ease. | |
| You might be saying, man, I might be getting monkeypox. | |
| It's not just that monkeypox is being spread through gay sex. | |
| It's being spread through mass orgies. | |
| So there is this tweet that came out from this gay porn star called Babe the Pig Boy. | |
| Now, let me just be very clear. | |
| If this stuff freaks you out, then I'm just giving you the disclaimer, okay? | |
| But your federal government is trying to create a national emergency around this. | |
| Who's getting monkeypox? | |
| Okay, so Babe the Pig Boy, who is at Babe RogerXXX on Twitter, said, quote, hi, so I have monkeypox. | |
| Not fishing for any sort of sympathy, but since I'm already known for pretty unabashed, for being pretty unabashed on the internet, I'd figure I'd give an honest account of how I got it and how my symptoms manifested to hopefully educate anyone curious. | |
| So strap in. | |
| So finally, I got back into the swing of things and attended a friend's birthday orgy Saturday the 9th. | |
| I've been watching the news on monkeypox, but the general feelings on it really were and still are developing by the day. | |
| So I know no one else were especially worried. | |
| So I attended the orgy, had a great time. | |
| I'm not even going to say this next line. | |
| I had sexual contact with around 15 men, similar to the orgy on Saturday. | |
| Had a great time, met some great people, and then stumbled home drunk. | |
| My two cents. | |
| It's reductive to tell gay people not to have sex. | |
| It didn't work in the early days of AIDS, and clearly it's not working now. | |
| But do your best to make educated choices. | |
| Check your county case numbers frequently, and if you can, avoid groups and anon encounters. | |
| That's what your federal government is sprinting to try to prevent with 15 sexual partners in one night. | |
| It reminds me of a Seinfeld clip around the implications of deciding to go into orgy culture. | |
| Play cut 76. | |
| What are you talking about? | |
| I'm not going to do it. | |
| You're not going to do it. | |
| What do you mean you're not going to do it? | |
| I can't. | |
| I'm not an orgy guy. | |
| Are you crazy? | |
| This is like discovering plutonium by accident. | |
| Don't you know what it means to become an orgy guy? | |
| It changes everything. | |
| I'd have to dress different. | |
| I have to act different. | |
| I'd have to grow a mustache and get all kinds of robes and lotions. | |
| I'd need a new bed script, new curtains. | |
| I'd have to get thick carpeting and weirdo lighting. | |
| Because I'd have to get new friends. | |
| I'd have to get orgy friends. | |
| No, I'm not ready for it. | |
| Not ready for it. | |
| Look, everybody, unless you're going to orgies on the weekend having sex with 15-plus partners, I don't think you have to worry about monkeypox. | |
| Now, why am I saying this so graphically? | |
| Because your health officials are tap dancing around who's actually getting monkeypox. | |
| You don't get monkeypox by going shopping. | |
| You don't get monkeypox by being around people. | |
| You'd have to become, as Jerry Seinfeld would be, an orgy guy. | |
| Please resist the fear porn. | |
| Hey, everybody, Charlie Kirk here. | |
| The recent rulings from the Supreme Court, they didn't happen on their own. | |
|
California Republicans Snap to Accountability
00:15:04
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| It took support of companies like Patriot Mobile who passionately thought on behalf of the unborn and your constitutional rights. | |
| Patriot Mobile is America's only Christian conservative mobile phone provider and has been on the front lines fighting for your values. | |
| Inflation has really made it hard on Americans. | |
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| They offer the same nationwide coverage as all the major carriers. | |
| You get the same service and your money is going to a company fighting for the sanctity of life, religious liberty, and the Second Amendment. | |
| Go to patriotmobile.com slash Charlie or call 972 Patriot. | |
| Get free activation with the offer code Charlie. | |
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| Join our movement and make the switch today. | |
| PatriotMobile.com slash Charlie. | |
| PatriotMobile.com slash Charlie. | |
| PatriotMobile.com slash Charlie or call 972 Patriot, patriotmobile.com slash Charlie. | |
| With us right now is Harmeet Dillon, constitutional lawyer and all-around fabulous American patriot. | |
| Harmeet, I want to ask you a political question first. | |
| You're doing a lot of traveling and speaking. | |
| What are you seeing on the grassroots heading into the midterms? | |
| I know you're a committee men, committee woman, I guess that's the right way to say it, with the RNC. | |
| What are you seeing politically right now in the country that's happening? | |
| Well, thank you, Charlie. | |
| Yes, I represent California. | |
| The Republican National Committee is a national committee woman. | |
| And what I'm seeing is very interesting. | |
| It isn't just Republicans fired up about taking back the House and about 2024. | |
| There are so many Americans across the political spectrum that are disgusted and disenfranchised that I think we are going to see some historic, like 40-year opportunities to pick up seats here. | |
| And hopefully that will continue to propel us into 2024. | |
| And it is so critical with what is happening between the economic devastation, but also culturally what's happening in our schools, what's happening in our culture and our workplaces, and with the continuing devastation and civil rights violations of the COVID lockdowns, that I think that it is political malpractice if Republicans don't think carefully and seeds today. | |
| It cannot be business as usual with the usual suspects doing their usual table banging. | |
| It has to, we have to really have a revolution here in politics. | |
| So, Harmeet, there's an interesting theory out there, and we're going to be exploring it over the next couple of weeks. | |
| And I know that you probably have to just kind of be very careful when you answer this, but I do want to just riff on this and you could take it whatever you want. | |
| There is an argument out there that having a massive Republican majority actually empowers the establishment more than the grassroots. | |
| For example, if Republicans have a 60 or 70 seat House majority, then the Freedom Caucus or the grassroots don't have as much power. | |
| I do think, though, the counter argument to that is having a massive majority will then make sure we have a majority for a longer period of time. | |
| It's harder to chip away at that. | |
| I am fearful, though, Harmit, with those two things aside, that Republicans might be messing up what could be and should be a massive red wave. | |
| Are you seeing us make the proper candidate selections and messaging choices? | |
| Or do you think there might be too much cockiness and arrogance going into November right now? | |
| Well, I think everything that you said is something that I agree with, and it is a common thread. | |
| Unfortunately, we are as a party kind of limited by who chooses to run and then who's a good candidate. | |
| I certainly have supported, I'm sure you have as well, Charlie, lots of candidates who check all the boxes for me of what I'd like to see in an America first candidate. | |
| And then they falter, they have stuff in their background, or the establishment spends a ton of money to elect the wrong person in the primary. | |
| And then we're stuck with that. | |
| Look, as a loyal Republican, I'm still going to support that Republican. | |
| And as somebody with an R behind their name is always better than the D, but sometimes I have to hold my nose and do that. | |
| I had to hold my nose and do that with presidential candidates time after time before President Trump came along. | |
| And so that's the problem. | |
| But nothing is set in stone. | |
| That's the interesting thing about politicians. | |
| You can elect some squish to Congress, but if the writing is on the wall after they get really addicted to the power, and most of them do, that if they want to keep that seat, they better toe the line of what the voters want. | |
| It is up to us to not just elect these people and let them do whatever they want, but constantly keep up the pressure. | |
| And I have seen that succeed. | |
| I've seen some Congress people in California who are pretty much phoning it in suddenly snap to and say the things that I'd like to hear them say because they realize that the tide is turning. | |
| That's our job as activists. | |
| And I think that's our job as a Republican national committee to make sure that people stay on track and advance the agenda that brought us to where we are today. | |
| And hold them accountable. | |
| And you're on the conservative side of the RNC. | |
| I just wanted to be clear with that because our audience doesn't think very highly of many parts of the world. | |
| I understand. | |
| Just want to make, I'm defending you while saying that. | |
| So you were instrumental in the vaccine mandate fight, Harmit, early on. | |
| This is something we cover on this show every so often. | |
| Is there still a federal vaccine mandate? | |
| Are we still kicking people out of the armed forces? | |
| It sure seems that way. | |
| And what is the future of the legal claims against it? | |
| Because when you have infections after three, four booster shots, is it really doing what they said a vaccine would do? | |
| And not to mention there's questionable efficacy. | |
| In fact, some people would say negative efficacy. | |
| So I suppose the question is, what is the status of the federal vaccine mandate and the legal challenges against it? | |
| Well, that's such a complicated question, Charlie. | |
| I'll try to do my best here. | |
| So the litigation that you referenced that was victorious at the United States Supreme Court was on behalf of the Daily Wire. | |
| The Daily Wire, as a private employer with more than 100 employees, did not wish to require the vaccination of its employees. | |
| And I only have about 30 employees at my law firm. | |
| We have the same rule here. | |
| We don't require people to take drugs that they don't want to put in their bodies. | |
| That's just a civil rights issue for me. | |
| Yes, it is. | |
| And also an issue of retaining good talent. | |
| So to don't really understand the companies that are mandating this. | |
| But in any event, the federal government tried to step beyond its limited power and require companies to do this. | |
| And the United States Supreme Court said that is not within the federal government's purview to mandate this for private employers. | |
| So at the same time, at the federal level, a federal government is an employer itself. | |
| And the federal government does get to mandate rules for its own workforce. | |
| And an interesting fact that many Americans don't know is that at the federal level, the EEOC has long held that it is legal for the employer itself to require vaccination. | |
| I don't agree with this. | |
| And a Republican, next Republican president needs to change that at the EEOC, because from that has flown all of these other things, like the federal government mandating it. | |
| That said, a court yesterday did issue a ruling enjoining and expanding an injunction against the Air Force from mandating vaccination for any member who had asserted a religious exemption. | |
| And so, even in the federal government, the federal government must respect religious and medical exemptions and go through a process that's required by employment law to do that. | |
| So, short answer: it is still okay at a high level for the federal government to mandate it for federal employees, but they must respect exceptions that are written into the law. | |
| And this is what really frustrates me about Republicans, right, Hermit, is how did they not fight harder against these amazing people that are being discharged from the military? | |
| The vaccine isn't working. | |
| It's very clear. | |
| It's just not. | |
| People are getting infected time and time again. | |
| The government can come in and totally destroy your life. | |
| I'm going to shift gears here for a second, Hermit, about this Hunter Biden saga and the Department of Justice. | |
| I mean, you're a very well-respected lawyer. | |
| What do you suspect or anticipate is going to happen with Hunter and Joe Biden when it comes to all of these pending investigations? | |
| Well, there's a political aspect to it and there's a legal aspect to it. | |
| From the legal aspect, it seems incredibly clear to me just from evidence that's leaked out without any kind of investigatory report that there are violations of the law here. | |
| There are violations of our federal laws regarding foreign corrupt practices, registration as a lobbyist, and financial transactions that may have been unreported to the federal government, and et cetera. | |
| There are tons of violations. | |
| Hunter Biden has been prosecuted to date. | |
| Why are we hearing talk about Hunter Biden being under investigation and prosecuted? | |
| That's a political question. | |
| The political question there suggests to me that Democrats are very scared about 2024, even of course in the midterms, which now it's a little late for them to do anything about. | |
| And I think they're in a damage control mode, and that's why we're hearing noises out there about this, because I think that if Democratic kingmakers, puppeteers here, would like there to be an option to change horses in the White House. | |
| Their quandary is horse number two is Kamala Harris. | |
| And so that's why I think we're seeing some equivocal action here. | |
| So if you were to get rid of, from a political perspective, the president, the best way to do that would be to, I think, pursue these Hunter Biden allegations, which do implicate President Biden, just from what we know publicly. | |
| But they haven't gone full force down that path as yet. | |
| So I think they're just keeping their options open. | |
| Yeah, I mean, so you're from California. | |
| People are saying Gavin Newsom might run for president. | |
| Do you see any evidence that the kind of California cabal is going to try to sidestep Kamala Harris? | |
| How would that work? | |
| Well, yes, I think Kamala Harris was not that popular here. | |
| And, you know, I'm sure Gavin Newsom was thinking about running for president or vice president before. | |
| And because of her gender and race, she was selected. | |
| And of course, being governor is a pretty good gig as well. | |
| Gavin Newsom has been running for president his whole life. | |
| I think his whole life has been geared towards that. | |
| And I think that Democrats are very concerned about Kamala Harris being the heir apparent. | |
| Even during this term, certainly I think her chances of becoming president are virtually nil. | |
| So yes, I do think that the golden boy from California is doing all the things that would suggest that he very much intends to run for president in 2024. | |
| Yeah, I just, Gavin Newsom, I just can't understand where the popularity at all comes for Gavin Newsom. | |
| And Kamala Harris is certainly not popular at all. | |
| The view, we've been in the news a little bit. | |
| What's your take on that entire saga? | |
| Well, you know, coming from Whoopi Goldberg, who thinks that Jill Biden is quote unquote a great doctor and would be a great surgeon general, that's the baseline of stupidity that you see from that show. | |
| And from that, however, you saw a number of really defamatory statements being made about your organization, Turning Point USA, and the young people who supported. | |
| Because as you know, Harmeet, these could be very complicated things, and your chance of winning can be low. | |
| And again, so I mean, I'm not an expert on it. | |
| I've seen good cases when and not so good cases when. | |
| And the question is, how do you know what to do? | |
| But it's wrong what they've done. | |
| We're not going to let this one go. | |
| Harmeet, the floor is yours. | |
| What are your thoughts? | |
| Well, so defamation is a complicated subject, and there are a number of elements to it. | |
| And I think that the remarks that were made by mainly Whoopi Goldberg on the earlier episode, I think it was the Monday of the week, that talked about how the protesters were, you know, part of your group. | |
| And then she sort of hedged and said, oh, well, they were invited in. | |
| And then she's kind of come clean and said, actually, nothing I said about that was appropriate. | |
| My bad. | |
| A totally insincere apology. | |
| It was dictated by the legal department. | |
| But that's actually, I think, a pretty good victory for Turning Point. | |
| That they've admitted that what they said was wrong. | |
| Your general counsel of Veronica wrote an amazing, strongly worded letter right away, and it got them to just come back crawling on their knees. | |
| That is holding them accountable and taking it to them. | |
| So kudos to Turning Point for standing up for those kids, standing up for the organization, and not allowing these people to get away with false statements of material fact about your organization. | |
| Yeah, so just out of curiosity, Harmeet, and I think our audience would find this super instructive. | |
| You know, if someone apologizes or corrects, does that change the facts and circumstances going into a potential lawsuit? | |
| I'm just curious, how does the court view that? | |
| Well, so interesting is that there are a number of different factors here. | |
| So Turning Point USA, if it's considered a public figure, which I believe it would be in these circumstances, there's a heightened standard. | |
| It's called actual malice standard. | |
| And so if somebody says something stupid and wrong about a public figure, that isn't necessarily automatically going to get you to a defamation victory. | |
| You also have to prove that they knew it was false at the time they said it. | |
| So being wrong itself does not get you to a defamation victory. | |
| But on top of that, many states have laws that say that if a media entity gets a demand for a retraction and it responds to it within 10 days, that is sort of a defense to a defamation claim, certainly any special damages. | |
| And then finally, an important element of winning a defamation case is damages. | |
| And then you also have to prove that the statement was about a particular individual or particular organization that they knew it was false at the time they said it and that you, Turning Point USA, were actually harmed by it or any individual kid, you know, young supporter of yours outside was actually harmed by that. | |
| I think that last part, when they've apologized and frankly groveled for forgiveness, that's challenging. | |
| I think you've actually come out as the winner in this dispute. | |
| Yeah, no, I agree. | |
| And that's the thing that a lot we're grappling with with our audience, right? | |
| Which is, and this is important, right, Harmeet, is that our laws are calibrated to overly protect free speech. | |
| Is that fair to say? | |
| Well, I don't think you can overly protect free speech. | |
| I think the laws are calibrated to overly protect false and defamatory statements, particularly about public figures. | |
| And so the New York Times versus Sullivan standard, which is the one that I just alluded to with respect to public figures and malice, is a judicially created doctrine. | |
| And I think it goes a little bit too far. | |
| However, the only justice that has come out in favor of amending that has been Justice Thomas. | |
| So I think that there is a balance to be struck. | |
| And look, I represent a lot of journalists in my law practice and a lot of famous people. | |
| And I think that more or less the standard is correct, except if you are a famous person, a politician, a turning point USA, it is basically easier for people to say false things about you, harder for you to recover. | |
| That's the current state of the law, and we don't have five justices to change. | |
| So I guess the question, though, is Harmeet, is what about the students, right? | |
| Because students have to pay damages that pay damage, they have to suffer some of the consequences. | |
| Or is it just that it's an organization that just kind of all encompasses that? | |
|
Balancing Student Privacy and Speech
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| Well, this particular set of facts had, I think, some fairly fuzzy pictures there shown on the screen about, you know, any individual. | |
| So the question would be: if there were a lawsuit, can any specific student there be identified as being understood to be the target of the comments, first of all? | |
| And second, can that student prove damages? | |
| Certainly the students themselves are not public figures, although there's a concept called a limited purpose public figure. | |
| So if someone were to be identified there, let's say they're an officer of Turning Point, they might be considered a limited purpose public figure because of the national nature of this controversy. | |
| So these are all like, if it's like a series of check boxes you have to go through. | |
| And if you check all of those, only then you'd have a valid case. | |
| But again, damage is the big issue here. | |
| And if the person has apologized, fake or not, you kind of want. | |
| It's hard to disagree. | |
| There are many different layers of legal implications here, which I've said the whole time. | |
| These are very complicated things, regardless of how wrong they might be. | |
| Harmeet, phenomenal job. | |
| Thank you so much. | |
| My pleasure. | |
| Thank you so much for listening, everybody. | |
| Email me your thoughts as always, freedom at charliekirk.com. | |
| Thank you so much for listening. | |
| God bless. | |
| For more on many of these stories and news you can trust, go to CharlieKirk dot com. | |