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April 12, 2024 - The Charlie Kirk Show
37:04
Speaker Johnson’s FISA Failure
Transcriber: nvidia/parakeet-tdt-0.6b-v2, sat-12l-sm, and large-v3-turbo
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FISA Before The House 00:02:07
Hey everybody, a very important episode about FISA, the Foreign Intelligence Surveillance Act, as it goes in front of the House of Representatives.
There's some breaking news that occurs as we record this episode, so I think you're really going to enjoy it.
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Buckle up, everybody.
Here we go.
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I'm going to say something that is self-evident but is worthy of exploring.
You cannot be free if you do not have privacy.
You cannot be free if the government knows everything you are thinking, everything you're writing.
Privacy Is Freedom 00:14:08
Why is that?
Orwell demonstrated this probably the best of any author.
And then, of course, the book 1984, there's so many different elements of the death of truth, the erosion of speech, the deterioration of private and intimate relationships to the end of 1984, where it sends chills down your spine, where eventually you worship Big Brother.
But Big Brother is probably the most quoted and is the most understood concept of Orwell's magnum opus of 1984.
And he demonstrates that there's this incredibly powerful quote, and I'm going to paraphrase it.
I'm sure Blake can get it up rather quickly, which is, the best way to keep something from Big Brother is to not think it in the first place.
To not even think it.
You see, in the movie, in the book 1984, the movie is actually terrible, but in the book 1984, you see that there's your own ability to consciousness to have your own personal life to flourish.
It deteriorates if the government can look over your shoulder and see everything you are doing, especially during a period of time where political dissidents are thrown into jail or attempted to be thrown into jail.
I have here MSNBC on, just to kind of see what they're talking about.
They are salivating about Trump's first trial on Monday.
Excuse the graphic language, but Trump being in a criminal trial on Monday is the closest thing to legalize pornography that these people will have on cable television for them.
They can't wait for it.
I have a question as we dive into FISA here.
Are they currently and actively spying on Donald Trump right now?
Think about it.
Donald Trump talks to people all across the world.
Donald Trump has golf tournaments.
Donald Trump travels for international business.
Donald Trump has golf courses in Scotland and the United Kingdom.
FISA allows you to spy on American citizens if you communicate with a foreigner.
Let's not get too speculative here.
Are they rushing to get FISA reauthorized without warrants because some desk worker at the FBI is able to query search Donald Trump's text messages and listen to his phone calls?
Is that happening right now?
Do they know Donald Trump's intimate campaign finance details where he's planning to spend time?
Are they getting information and relaying it back to the Joe Biden campaign?
I wish I wouldn't even have to think this way.
I wish we could say, oh, Charlie, that is outrageous.
But the FBI has lost all credibility.
The Department of Justice has lost all credibility the last couple of years, not just on the Carter page, Bruce and Nelly or Peter Struckstok Smirk, Lisa Page, not just all of those details that we saw regarding the Russiagate investigation, but this story also that interestingly is very hard to find now, for the reason the social media companies have buried this story.
Last year, FBI repeatedly misused surveillance tool, unsealed FISA order reveals.
How many times did they misuse it?
It wasn't like a couple hundred times.
No, no, no.
They misused the FISA authority tens of thousands of times that we even know of.
Repeatedly misused the FISA tool.
In fact, it's buried in the article.
And it shows that the FBI, whether it be for our MAGA patriots and even with BLM protesters, they spy on people's devices, spy on people's communications.
This is last year this came out.
The Associated Press released the FISA report.
And even Democrats were shocked by this.
But now the FISA authorization is being shepherded very quickly through the House of Representatives.
And you just have to wonder, what is really going on here?
Is there a political reason for this?
Is Donald Trump actively being spied on?
Is his campaign right now being spied on?
Well, think about it.
Donald Trump is currently under indictment.
They can make an exception in the FISA thing saying, well, Donald Trump is a criminal.
We don't know if he's colluding with the foreign government.
Let's just get all of his phone calls.
Would we ever even know that's happening?
Would we even find out that the FBI is doing that?
We know from reporting that our own intelligence community used FISA to spy on the Trump campaign in 2016.
Are they doing it currently?
Is it happening as I am doing this broadcast right now?
Well, Speaker Johnson came out and has infuriated conservatives.
Speaker Johnson is committed to bringing an aid vote, the Ukraine aid vote, after the House passes the legislation reauthorizing FISA.
Let's go to this tape here.
Dan Crenshaw supports FISA, and he says we need to do this without a warrant.
You just need to give the FBI all of this power without having to get a warrant.
I'm sorry, is the Constitution just a recommendation manual now?
The Fourth Amendment of the Constitution says, you know, we might not, we don't have to follow that.
Let's play cut 116, please.
It would do the necessary reforms to, it would codify 56 more reforms.
It would put in processes before queries are even made.
It would put in criminal penalties for those who do not abide by those processes.
The FBI hates these reforms, by the way.
Please support this bill.
Please do not support the amendment to require a warrant for queries and health back.
Do not support a warrant for queries.
What is queries?
I want you to understand how much power these people have.
They have been given back-end access to all telecommunication services and many of these supposed secret applications or private applications that you use.
So the FBI can open up a laptop.
And Edward Snowden demonstrated how this is abused by the Intel agencies and the Intel community.
And they could say, boy, we don't like that Tucker Carlson guy.
Oh, wait, they did that.
Tucker Carlson was spied on by our Intel agencies because Tucker Carlson was thinking of sitting down and interviewing Vladimir Putin, something he ended up doing.
So they spied on Tucker Carlson.
They spied on Donald Trump.
Why would you just not want to go get a warrant?
Well, they write here, and the FBI writes in this op-ed, and Christopher Ray reiterates it.
He says this: He said, all these terrorist attacks that were thwarted, and they're very light on details, but they're finally starting to pepper some of these.
But interestingly enough, I don't quite understand how an accelerated FISA 702 reauthorization without a warrant includes this.
But so they say, okay, there's some things here, including thwarted kidnapping plots and so on and so forth.
They say, quote, this would have been impossible if the FBI had been required to stop and obtain prior court approval before acting.
How do we know that's true?
I assume that you are lying.
I assume that the Federal Bureau of Investigation is misleading us.
They lie to us all the time.
So they write an op-ed and they say, oh, well, if we had to get a warrant, we wouldn't be able to keep Americans safe.
That is pure rubbish.
And I will go a step further.
And I want somebody who believes in FISA to come on this program.
I'll be willing to hear you.
I'm not an expert on this, but I am a patriot.
I'm a citizen and I love the Constitution.
And I consume the news for 15 to 16 hours a day.
What exactly is the reason we have FISA in the first place?
Why do you need this wide-reaching authority outside of going to get a warrant?
We know they're power hungry.
They know they want to get rid of Donald Trump.
We know that they hate you.
Why do we have FISA in the first place?
And why is the media carrying the water of all the intel agencies?
And it is telling.
It's amazing how quiet the BLM folks have been on this.
They quelled their left flank.
BLM was illegally spied on, and they're just kind of, oh, you know, we want to have some reforms.
Makes you think.
But the real target is Trump.
Is Donald Trump currently being spied on by this FBI?
We may never know.
Why give them the power?
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Let me tell you the clip that has conservatives most upset.
Constitutionalists.
And it is this argument from authority.
They continually say, well, if you had a classified briefing like we did, you would understand.
If you were able to get into a skiff, if you were able to get into a private room, then, you know, if you were able to get into a sensitive compartmented information facility, otherwise known as a skiff, your eyes will open.
This form of persuasion, which is not persuasion at all, it's actually rooted in a logical fallacy arguing from authority.
It's destructive to our discourse.
It is not persuasive.
In fact, it creates backlash, cynicism, and anger among the citizenry.
This is the same type of language that they use with COVID.
Just trust the experts.
We're in charge.
Just, you know, we have information and just trust the experts.
The same information that they use with Ukraine.
We have information that you don't have.
And if you knew what we knew, then you would be in support.
We don't trust any of you, actually.
So you have to make the case to the American people.
Don't tell us that we need a security clearance and that we need to somehow go into some skiff.
Guess what?
I'm not allowed into a skiff.
This audience is not allowed into a skiff.
So go through the details.
Make the case.
Go through the PowerPoint and say, we are able to thwart this person and thwart this person.
And they say, oh, well, we know we don't want to do that because then we can give our enemies a heads up.
Well, hold on a second.
I think they know, if it actually works, what FISA can do.
They are saying that FISA is safe and effective.
FISA is safe and effective.
The same way they said the mRNA shot called the vaccine was safe and effective.
This clip right here is Speaker Johnson, and he just infuriated the grassroots over this.
I mean, people are on fire over this.
Essentially, saying, if members were just to go down to a skiff, they would all vote for this.
If you knew what I knew and absent the details, because maybe he is right, but I don't trust the DC political class when they talk like this.
In fact, I inherently distrust the D.C. political class.
And when Speaker Johnson is in harmony with Merrick Garland and Christopher Wright and Joe Biden, I get even more skeptical about this.
So this is the clip yesterday where Speaker Johnson says, well, you know, my eyes have been opened to the importance of 702.
Tell us the details.
Tell us specifically how 702 keeps us safer.
Tell us specifically.
And we are willing as American patriots to trade sometimes safety for freedom.
That is the trade that we have, by the way, for automobiles.
You have the freedom to drive cars and people have car accidents.
It is the trade that we have for private firearm ownership.
But tell us specifically, with precision, why giving the FBI unchecked, warrantless surveillance, authority, and power is necessary for a free and prosperous society.
Play Cut 120.
When I was a member of this area, I saw all the abuses of the FBI, the terrible abuses over and over and over, the hundreds of thousands of abuses.
And then when I became speaker, I went to the SCIF and got the confidential briefing from sort of the other perspective on that to understand the necessity of Section 702 of FISA and how important it is for national security and gave me a different perspective.
So I encourage all the members to go to the classified briefing and hear all that and see it so they can evaluate the situation for themselves.
And I think some opinions have changed both ways, but that's part of the process.
You've got to be fully informed.
That doesn't do anything for me.
So that you went down to the SCIF and you used to be against it, but then your eyes were open and you want members to go down there and that their opinion might change either way.
Hold on, give us the details here.
What exactly was shared?
Here's how this works.
The FBI, the Intel agencies, they put on this major dog and pony show, and they are good at it.
They're excellent at it.
They bring everyone into the room, and everyone is all of a sudden the Intel guys walk in.
Again, I've never been in a skiff, but I've been told.
And they talk from such authority.
Safeguarding Your Digital Life 00:03:01
And they have these PowerPoints, and it feels so legit.
And then they play to the emotions that we were able to thwart a potential mass casualty event because we were able to intercept this text message.
And then someone's asked the question: wait a second.
I totally get that.
But why couldn't you just go to a judge and get a warrant?
Why couldn't you just go through the proper Fourth Amendment provisions?
Is it really that hard to write something up and get in front of a judge?
Now, we know that FISA judges are actually on call basically 24-7.
It's a secret court, but albeit it is a court that you can get something authorized.
Why can't you just go in front of it?
Are they so it takes too much time?
Well, maybe the time is a not an impediment, but it is a feature of our system.
Maybe the time makes you think twice whether or not you should be spying on all these people.
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Mistakes In The FISA Tool 00:15:06
I want to make sure we get our facts straight here because there's a lot of misinformation in the media.
They say, oh, Republicans are just trying to stop the ability for the government to stop terrorist attacks.
No, no.
Our main contention is to get a warrant.
Now, additionally, I will say, I want to know why FISA exists in the first place.
Now, what do I mean why FISA exists in the first place?
Well, it's a 1978 law, the Foreign Intelligence Surveillance Act.
It's United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil.
But here's where it starts to get sticky: we have so many foreigners here on our soil, illegal aliens, people on temporary green cards, people that are visitors, that the connective dots between a U.S. citizen and a foreigner is not hard to find.
For example, if I am texting my friend in London, which I do, all of a sudden, my information, my text messages, could get looped into a FISA query.
Now, the FBI, they do not want to have to answer to a warrant.
Let's go all the way back to our roots.
Let's forget all the chatter by the intel agencies.
Let's forget the spin from Speaker Johnson.
Let's go back to our roots because the Constitution was not written for the times.
It was written to stand the test of time.
And specifically, the Bill of Rights that was ratified in 1791, that was inspired by the Virginia Declaration of Rights, written and composed and authored by George Mason.
And that then became the Bill of Rights.
The Bill of Rights all address certain issues.
The Bill of Rights actually is the solution to so many of the complaints that were found in the Declaration of Independence.
The Declaration of Independence says the king is putting soldiers in our homes and the king is lying to us and abusing us.
And so a lot of the details found in the Bill of Rights were answers to the problems of why we separated from the British Empire in the first place.
We know why we have freedom of speech.
You need to be able to petition your government.
You need to be able to organize.
You, as a sovereign being, have rights given to you by God, not by government.
We know why we have a second amendment to protect all the other amendments to protect yourself against, God forbid, a tyrannical government.
The Third Amendment, you can't allow soldiers into your home.
It's a big deal back in founding revolutionary era times.
The Fourth Amendment is actually a sister amendment to the First Amendment.
You cannot have freedom of speech.
You cannot have freedom of inquiry.
You cannot challenge power.
You cannot protest.
You cannot organize if you don't have privacy.
Because then those ideas are not actually your own.
If you believe everything that you are saying is being monitored by the state, then you would act differently.
Now, you should believe that everything you do is being viewed by Almighty God.
That's a completely different thing.
In fact, I think that creates better people.
It creates better action.
But what if you were doing something righteous?
For example, during lockdowns, let's say lockdowns come again, and you run a church, and you're planning to defy government orders, and you also happen to do some mission work, and you text one of your friends who's a Coptic Christian in Egypt, and the FBI then has an excuse to be able to get to all of your devices, all of your text messages.
So, if we go back to our roots, the Fourth Amendment was written there by the founding fathers specifically so that the Leviathan, the government, cannot interfere with your own private thoughts, your private activities, your consciousness.
In fact, without privacy, you are constantly under the sword of Damocles of the state.
And we have learned in the last couple of years, has the government earned our trust in the last four years?
They called Ivermecton horsepace.
They locked down our schools.
They masked our kids.
They pushed this gene-altering vaccine.
They kicked people out of the military because of the gene-altering vaccine.
They've been failed to secure the border.
They lied about Russia Gate.
And none of the people responsible have landed in federal prison.
Anthony Fauci, Peter Struckstrokesmirk, James Comey, and these same characters and these same actors might not be the same actual individuals, some of them, it's true, but the same type of person.
They are now re-emerging and want your representative to say, hey, vote for more power for the federal government.
The Foreign Intelligence Surveillance Act of 1978 was intended as a wiretap act and was the result of congressional investigation into federal surveillance.
Through FISA, Congress sought to prove judicial and congressional oversight of foreign intelligence.
Now, Section 702, that is a post-9-11 wrinkle.
And 702 is the more dangerous part of this.
702 of the Foreign Intelligence Surveillance Act, according to DNI, the Department of National Intelligence, is there to keep Americans safe.
The overtures, the overview of Section 02, this is their own website.
Let me read to you what your government says.
According to DNI.gov, the Department of National Intelligence says that they need 702.
By mid-2000s, many terrorists and other foreign adversaries were using email accounts serviced by U.S. companies.
Because of this change in communication technology, the government had to seek individual court orders based on fright finding probable cause to obtain the communications of non-U.S. persons located abroad.
This proved costly because of the resources required and because the government couldn't always meet the probable cause standard, which was designed to protect U.S. persons and persons in the U.S. Hold on a second.
They're completely lying.
They're conflating two different things.
We're not talking about foreigners that are abroad.
We're talking about when you get a warrant and you spy on American citizens, which you do routinely.
They say, well, who can the IC target under 702?
Non-U.S. persons located abroad who are expected to possess, receive, or communicate foreign intelligence information.
But then the report last year showed that that is not the case.
They use that authority and lied to you.
They lie about how much they abuse it.
They lie about their capacity and the expanded powers.
How about this headline?
The FBI, the Federal Bureau of Investigation, improperly used FISA 278,000 times.
By the way, this article is buried.
It is so hard to find.
I finally found it.
It took me an hour.
It took me one hour to find it.
I wonder why the social media companies like Google are suppressing this on like the fourth page of Google.
Very, very hard to find.
Finally found it.
And someone is really lobbying these media companies to all of a sudden make these stories disappear.
I want to repeat this.
I have not heard anyone tweet this out.
Let's tweet this out again, just so everyone is clear.
This is not like, oh, sorry, we did this once or twice.
In just calendar year 2021, the FBI improperly used warrantless search 278,000 times.
That is 761 times a day.
I'm sorry, I have not heard anyone mention this.
Why?
Because this story is so hard to find, and I finally found it.
I'm really proud of myself because I knew it existed.
This is Orwellian, by the way.
It's where, like, you know, you saw something and you can't find it because it got memory hold.
And I'm like, looking through Google, where is this thing?
Where is this thing?
Where is this?
And finally, I found it.
Memory hold did not win today.
That is eight times per FBI employee.
The FBI abused in one calendar year 278,000 times.
This is a systemic, systematic, I should say, insane failure.
The FBI is discredited.
Andrew just put in our chat, man, I was searching for that article.
I couldn't find it earlier either.
Interesting how that works.
I was losing my mind.
I said, I know it exists.
I know it.
I remember reading it.
And all of a sudden, you go to the fourth page of Google, and finally it pops up.
You have to find the right terms and do this.
And finally, 278,000 times.
Can we get that shown up on screen?
I have not heard anyone whisper that.
And who are the ones pushing for it?
The Intel agents are pushing for it.
Who's one of the chief cheerleaders for this?
A man who should be in prison.
A pathological liar.
He's a snake.
He's a serpent.
He's a viper.
He should be in a federal penitentiary.
Instead, he's been treated with kid gloves and he got a cable news contributorship.
None other than James Comey's little sidekick.
I was going to use a different word.
His sidekick.
Andrew McCabe.
Play Cut 103.
702 authorities were never used in the course of that investigation of Donald Trump and his campaign and some of his campaign associates.
He may be referring to the FISA that was used, that is obtained to surveil Carter Page.
We now know there were many mistakes in that FISA.
Those are all regrettable, but that is not Section 702.
Totally different thing here.
Okay.
There is Andy McCabe saying on television very clearly it was never used to spy on Donald Trump or his campaign.
That is complete rubbish.
It's BS.
We're going to get the video and finally get the story.
I want to get this viral.
I have not heard in all of this debate anyone mentioned, hey, guys, last year we got the report.
It was abused 278,000 times.
I'm sorry, you guys are liars.
Your own report says that we broke the protocol 278,000 times in one calendar year.
Are they spying on your local GOP?
Maybe.
Are they spying on our effort to try to get Nebraska to be winner-take-all?
I don't know.
They could.
They abused it 278,000 times.
I don't want to hear ever again.
Well, the FBI says that, you know, they're following the rules better.
That's like sitting down with the five crime families of New York and they say, we're going to follow the law better.
They are a mob.
They are a mafia.
They are a criminal organization.
They are a cartel.
And by the way, that was just in one year.
In one year alone, there it is.
It's on screen.
Thank you guys.
Wonderful tech team.
We got to get this article viral, by the way.
Let's get that tweet up.
Let's get it on X. Let's really get some juice behind it because that is the smoking gun that people are forgetting.
They broke the warrantless search powers and improperly used them 278,000 times.
That is just one year.
One year.
Breaking news: an amendment by Andy Biggs to require a FISA warrant failed at a tie vote, 212 to 212.
Republicans largely voted in favor 128 to 86.
Democrats voted against 84 to 126.
I never want to hear that Republicans are fascists when we're the ones that want the government to get a warrant before they spy on you.
If we're fascist, we are the worst fascist ever.
Stop spying.
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Just, you know, an amendment to the FISA bill that would have required warrants, which would have been a serious win, had 212 to 212 votes.
The speaker rarely votes in these sorts of things.
He came down and broke the tie to say the FBI doesn't need a warrant.
So Speaker Johnson just came down and said, hey, FBI, I got you.
I got your back.
No warrants.
You can keep on spying on my voters.
You can keep on spying on the American people.
I'm going to have to collect my thoughts before I properly address that.
But I do want to say, let's play this.
So Speaker Johnson broke the tie.
This has been memory hold.
My team and I were searching for this all morning and we finally found it.
What is a memory hole?
If you know in 1984, they throw a news article down to the incinerator.
It disappears as if it never happened.
This was so hard to find.
It's been memory hold, unless you know the exact number of times the FBI abused it.
I finally found it because I said, I think it was like 200,000.
I went to Google Advanced Search and we finally hit it.
So just so you know, this is the news story that is so hard.
No one is playing this.
No one is mentioning this.
And we have the FISA report.
And in fact, you guys, the audience, you're so great.
Weston emailed us, freedom at charliekirk.com.
He emailed us the actual report, which has also been memory hold, the 2021 FISA certification opinion, which is a 127-page document that I think we should print out.
So thank you, Weston, for finding it.
Why are people not repeating this?
Why is this not because the Intel agencies have come in and have basically whitewashed this from history?
Secondly, why is Google and these major search engines suppressing this to like the fourth or fifth page?
Very hard to find unless you know what you are looking for.
Play cut 123.
This court document released just a few hours ago found that the FBI misused a popular digital surveillance tool on everyday Americans more than 278,000 times in 2020 going into 2021.
We're specifically talking about section 702 of the Foreign Intelligence Surveillance Act, also known as FISA.
It gives the FBI and other agencies the ability to digitally surveil without a court order or a warrant.
We now know the FBI used the tool on people connected to the civil unrest following the death of George Floyd on the streets of the United States, those involved in the January 6th capital attack, even political donors.
According to the court, a redacted name or names, quote, conducted a batch query for over 19,000 donors to a congressional campaign.
FBI Spying On Donors 00:02:40
Okay, so, I mean, that right there, that's smoking gun.
Let's get that up on our social media.
Audience, we need to really get some traction on this.
So I want to just be clear.
The FBI says we only do this on foreign nationals.
Again, I am not a fan of BLM individuals, like as far as the activists, especially the terrorists, the one burning down Wendy's and stuff.
You got to get a warrant.
They have rights to, unless they were foreigners here on American soil, you got to get a warrant.
By the way, that would not have been a hard warrant to get.
Oh, they're burning down a Wendy's.
Again, yes, sir.
Here's your warrant.
Not exactly a tough one.
Oh, they're congregating and they're pillaging and looting.
Yes, sir.
Here's a warrant.
Oh, they're doing organized activity.
Yes, sir.
Here's a warrant.
Not a tough one.
Get a warrant.
January 6th stuff.
We know that they abused FISA for January 6th.
We know it.
And then they say, oh, yeah, we also spied on political donors.
This is a travesty.
86 Republicans voted against Andy Biggs.
Do we have time to list them all?
I'm going to try my best.
Alderhort, Bacon, Balderson, Barr, Beis, Buchanan, Bouchon, Burgess, Calvert, Carl, Carter, Carter, Carter, Chavez, DeReamer, Cole, Crawford, Crenshaw, D.S. Bosito, De La Cruz, Diaz, Ballart, Duarte, LZ, Estes, Ezel, Feenstra, Ferguson, Fitzpatrick, Flood, Scott, Franklin, Gallagher, Garbino, Garcia, Jimenez, Gonzalez, Granger, Graves.
Oh, do you notice that Gallagher stayed around long enough just to do this?
That's make.
Hill, Hinson, Johnson, of course, Speaker Johnson, Mr. FBI.
Joyce, Keene, Kelly, Kelly, Kiggins, Kim, Kustoff, LaHood, La Loda, Lambert, Lada, LaTurner, Lawler, Letow, Lucas, Malatakis, McCall, McHenry, Miller.
Man, Max Miller has been such a disappointment.
Unbelievable.
Miller, Miller, Meeks, Moore, Moylan, Murphy, Nunn, Obonerte, Pence, of course, Fluger, Rogers, Rogers, Rauser, Rutherford, Salazar, Scalise, Scott, Smith, Schmucker, Elise Stefanik.
Ooh, she just, Elise Stefanik, you have ended your running to be Donald Trump's vice president.
Elise Stefanik, you're done.
We will now actively oppose you to be Trump's VP.
Nice person.
You just ended your VP political career.
All that ambition for nothing.
Strong, Tenney, Turner, Valadeo, Van Orden, Wagner, Waltz, Wenstrip, Womack.
Okay.
The real loser, I guess, is Elise Stefanik and the American people.
Thanks so much for listening, everybody.
Email us as always, freedom at charliekirk.com.
Thanks so much for listening, and God bless.
For more on many of these stories and news you can trust, go to CharlieKirk.com.
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