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Feb. 8, 2024 - The Charlie Kirk Show
17:10
The Great Supreme Court Flop
Transcriber: nvidia/parakeet-tdt-0.6b-v2, sat-12l-sm, and large-v3-turbo
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Supreme Court Lawfare Update 00:15:36
Hey everybody, it's in the Charlie Kirk Show.
Mike Davis joins us for a flash update regarding the lawfare against Trump and how the Supreme Court is going to rule.
Mike Davis makes a prediction.
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Here we go.
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Joining us now is Mike Davis from the Article 3 Project.
Mike, thanks for taking the time.
Mike, walk us through what happened today in the Supreme Court.
We got lots of time.
You know, walk us through it all.
The Supreme Court today heard the Colorado Supreme Court case where they tried to disqualify President Trump from the Republican primary ballot in Colorado based upon a bogus reading of Section 3 of the 14th Amendment.
We enacted the 13th, 14th, and 15th Amendments after the Civil War to outlaw slavery, guarantee equal protection and due process to the freed slaves and to guarantee voting rights to the freed male slaves.
And after the Civil War, you started to see Confederate sympathizers who engaged in insurrection or rebellion against the United States winning office, including in the House of Representatives and undermining the post-Civil War Reconstruction effort, undermining the union.
So they added Section 3 to the 14th Amendment to disqualify those who engaged in insurrection or rebellion against the United States from holding office.
And more than 150 years ago, there is a controlling case by then Chief Justice Solman Chase, the Griffins case, that if you want to disqualify under Section 3 of the 14th Amendment, Congress has to pass a federal criminal statute for insurrection or rebellion with a disqualification clause, which Congress did 155 years ago.
It's stolen the books.
You have to have a federal grand jury indict.
A federal jury finds guilt unanimously with evidence beyond a reasonable doubt.
A federal judge has to convict, and that conviction must be upheld on appeal for insurrection or rebellion with that disqualification provision.
That's the only way you can disqualify.
You can't have four partisan Democrat justices on the Colorado Supreme Court or an unelected non-lawyer Secretary of State in Maine like Shenabellos just unilaterally decree that someone committed an insurrection and therefore we're going to take away the choice of American voters to vote for the candidate they want, right?
That is the most anti-democratic thing imaginable.
The Supreme Court was right.
They were all over this.
I thought this would be a six to three decision.
It should be nine to nothing.
Well, we don't know the decision yet.
So can you tell our audience?
I don't want to get too ahead of it, but why do we think we know, Mike?
Because, I mean, you've been around, you've clerked.
Can you just fill us in on that?
I mean, the questioning today by the conservative judges, the six Republican-appointed justices, was predictable, but this case went so badly for the anti-Trump forces that even Justice Elena Kagan and Justice Katanji Brown Jackson sounded extraordinarily skeptical of the anti-Trump position.
So this could be at least a six to three, maybe a seven to two, maybe an eight to one.
I doubt it's nine to nothing because Soda Mayor sounded pretty dug in on her position.
But this is going to be an overwhelming victory at the Supreme Court for President Trump.
And I imagine the Supreme Court's going to rule pretty quickly here, maybe within the next 30 days or so.
Soda Mayor is one of the least appreciated radicals in the country.
I mean, if you read some of her opinions, it's complete psychobabble at times.
I mean, it's just the affirmative action one in particular, I remember Blake highlighted, they just make stuff up.
They're like, yeah, we know what the law says, but what the greater good is what we want.
I mean, so I wouldn't put it past that.
But Kagan, I think, was always the one that, I mean, Mike, fill us in on some of the line of questioning.
There has to be some check in the gut of Kagan or Katangi Brown Jackson or whoever.
Like, huh, if they do this to Biden, that I mean, if they do this to Trump, they could do this to Biden.
Like, this is not a great precedent when someone's not even convicted of the thing.
Yeah, I mean, I think what bothered Kagan the most is she was asking questions of her former law clerk, Jason Murray, who was arguing for the anti-Trump forces.
He also, Jason Murray also clerked for Gorsuch on the 10th Circuit.
He's actually a good guy, but he got decimated today.
He got destroyed by these Supreme Court justices, including by Kagan.
And Kagan's biggest concern and oral argument, it seemed, is that a single state can decide the election, which is just crazy, right?
She understood that the presidential election is national in scope, and you can't just have a presidential candidate win or lose by default because these states are playing games with the disqualification clause in Section 3 of the 14th Amendment.
And Justice Jackson really surprised me today because I did not think that there was any chance of getting her, but she raised the question that she doesn't think that Section 3 of the 14th Amendment even applies to the president of the United States, that the president is not an officer of the United States under the meaning of that.
I heard this, and honestly, this even went above my head.
It was just so wonky.
Just make it in layman terms, Mike.
What were they talking about?
Officer, president?
What the heck's going on here?
Essentially, the president's not an officer because he's elected by the American people.
The people who work for the president, like cabinet secretaries or military officers, are officers, but the president is not an officer under, and so you can't disqualify him under section three of the 14th Amendment.
This disqualification provision, they were concerned about members of the House of Representatives and local offices.
They were not concerned about the president of the United States who was elected through the Electoral College and through a national election.
So does this, and a question I asked earlier, will this take care of the main case as well?
Will this be a decisive enough ruling potentially where we can just thwart all these little salvos and volleys from these radical leftists?
I think so just by listening to Kagan and Jackson's questioning today.
It seems like they've had enough of this.
And frankly, this is really dumb by the Democrats in this lawfare campaign.
This is like their Michael Avenatti case.
It's such a stupid case, laughably stupid.
It's going to be overwhelmingly reversed by the Supreme Court of the United States, including by probably two of the three Democrat appointees on the Supreme Court.
And it undermines the credibility of the Democrats and their overall lawfare against President Trump, like what the Democrats did when they undermined their credibility with their Michael Avenatt claims against Kavanaugh during the Kavanaugh confirmation.
They couldn't just stick to Christine Blasey Ford, who was lying through her teeth, but was the most credible.
They brought in five other bogus allegations, including Michael Avenati and Julie Swetnicks.
Same thing here with this lawfare.
They can't just stick to the obstruction case on the Mar-a-Lago raid.
And I can argue all day why there's not obstruction.
And that was perfectly legitimate with what President Trump did, but that's their strongest case.
They couldn't just stick to that.
So they brought in all these January 6th bozo cases, these illegal gag orders, these fraud cases for non-fraud.
Gene Carroll, this disqualification.
These Democrats are like the fat kids at the all-you-can-eat buffet.
They can't help themselves.
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Yeah, and it just talking about Lawrence Tribe.
I want to play actually George Conway.
Yeah, that's going to be helpful.
We haven't played this.
Blake pulled it for us.
I'd love your reaction to this.
He's having a tough day.
Play Cut 109.
Where there's a will, there's a way.
And this court, from the get-go, from the first minute of argument, made clear it does not want to go down the path of disqualification.
And they are going to take the best off-ramp they can find.
They're not buying this, the argument that the 14th Amendment can only be enforced by Congress.
They're saying they're going to write, as Steve said, a much narrower opinion saying the states cannot individually do this and state functionaries, the state courts can't do it to the president.
And the funny thing about it is, we don't know where the exit's going to end because the question of, well, what happens if he is an insurrectionist and the states don't disqualify him?
Well, he gets and it gets elected.
What do you do then?
It's not clear.
So we don't know where this off-ramp goes, but they're happy to just get off the highway.
Mike, did you say when there's a will, there's a way?
Is that another way of saying that we're just going to kind of make up whatever goofy argument we have to get Trump?
Am I hearing that correctly?
Yeah, and they've been doing this for 18 months.
I mean, they've been doing it longer than that.
They impeached him twice for nonsense.
They indicted him four times for non-crimes.
They've illegally gagged him several times.
They're trying to bankrupt him through these bogus fraud lawsuits and Gene Carroll's lawsuit.
That all backfired.
So they threw this legal Hail Mary to just take him off the ballot because they know that he's going to win on November 5th, 2024.
So they just want to take away that choice from the American people.
They are showing the American people how crazy they are.
And this is backfiring on them.
And they keep doubling down.
It's going to continue to anger the American people because the American people resent the fact that these Democrats, prosecutors, and attorneys, and these Democrat judges, and these Democrat juries, and these Democrat hellholes think that they get to decide the presidential election instead of the American people.
This is not going to fly with the American people.
Yeah, it seems it's against every tradition, every process.
And it's a common point, but it's worth repeating because it's true.
The people that have democracy tattooed to their forehead are the ones that want less options.
They don't want will of the people.
We want the will of the people.
We want the people to be the sovereign.
It's the only form of government that can sustain us and honestly heal our land.
And they want something different.
What that is, is a weird mixture of an oligarchy and mob rule at times and the kind of consent of the experts, in addition to this kind of soft philosopher king class.
It's unhealthy.
It's not American.
Talk about Article III project.
We're going to keep you on here, Mike.
Talk about your deal.
Yeah, I mean, the Article III project, I started this thing to fight for Trump's judicial nominees.
And then when Biden won, we opposed Trump's, we opposed Biden's judicial nominees.
But where I saw a void that we really stepped in and filled was this lawfare against President Trump.
And right?
And it's not going to end with President Trump.
They're going after Trump's lawyers, his top aides, his supporters on January 6th.
They're going after parents outraged by gender chaos.
They're going after Christians praying outside of abortion clinics while they're giving amnesty to Biden, his family, Antifa, Hamas, BLM.
This is not going to end well for our country.
And that's why the Article 3 project has been fighting this every day for the last 18 months since the Mar-a-Lago raid.
Let's play Cut 114, and I'd love to have Mike Davis react to Cut 114.
Your argument is that it's not self-executing, but then in that case, what would the role of the state be?
Or is it entirely up to Congress to implement the disqualification in Section 3?
It is entirely up to Congress, Justice Thomas.
And our argument goes beyond actually saying that Section 3 is non-self-executing.
We needed to say something more than that, because a non-self-executing treaty or a non-self-executing constitutional provision normally can still be enforced by a state if it chooses to enact legislation.
But if this court were to adhere to the holding of Griffin's case, there would not be any role for the states in enforcing Section 3 unless Congress were to enact a statute that gives them that authority.
Mike, what's going on here?
Well, I think that Jonathan Mitchell is an outstanding attorney for President Trump, and he very smartly and ably handled all of these very tough questions and really won this case at Oral Arguments Day, which you don't see happen very often.
It seems like he brought Justice Kagan and Jackson over to President Trump's side in oral arguments today.
And basically, what Trump, through his attorneys, is arguing that is if you want to disqualify an officeholder under Section 3 of the 14th Amendment passed after the Civil War to chase out of office insurrectionists, Confederate insurrectionists, and people who engaged in rebellion, Congress has to pass a federal criminal statute on insurrection or rebellion, which Congress did more than 150 years ago.
That's the only way that you can disqualify under Section 3.
And they cite it's the Griffins case, which was by then Chief Justice Solomon Chase, who was writing circuit.
He was on the Supreme Court, but he was hearing a federal appellate case called the Griffins case.
Delayed Trial Before Election 00:01:33
And it's the controlling case.
It's the only case on point that holds just that.
You can't just disqualify through four partisan Democrat judges on the Colorado Supreme Court or an unelected non-lawyer Secretary of State, Shetta Bellows, in Maine.
You have to do it through the federal criminal process.
All right, really quick, I'm going to put you on the spot rapid fire.
Will Donald Trump be convicted before Election Day?
No, he won't be convicted because presidential immunity has to be decided on the January 6th case that was supposed to start in March.
The Supreme Court's going to have to take that case because the D.C. circuit screwed up the case law so badly and set a terrible precedent.
And so the Supreme Court is going to have to take and decide that case and Trump will not be convicted before the election.
Do you think that he will have to stand trial for Alvin Bragg or Fannie Willis?
Or do you just think there will be no trials before Election Day?
No, he will not.
The only case that had a chance of going to trial before Election Day was the January 6th case in D.C.
That is going to be delayed beyond Election Day because the Supreme Court is going to have to decide presidential immunity because the D.C. circuit screwed it up so badly.
Got it.
Mike Davis, excellent work.
Thank you so much.
Thank you.
Thanks so much for listening.
Everybody, email us as alwaysfreedom at charliekirk.com.
Thanks so much for listening and God bless.
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