Bannon's War Room - October 30, 2023


Episode 3137： Trial Starts In Colorado To Remove Trump From The Ballot


Episode Stats

Length

59 minutes

Words per Minute

140.67545

Word Count

8,367

Sentence Count

606

Misogynist Sentences

15

Hate Speech Sentences

5


Summary

Sen. Cory Booker (D-New Jersey) and Rep. Adam Kinzler (R-Illinois) join me in The War Room to discuss the latest in the ongoing conflict between Israel and Hamas in the Gaza Strip, the 14th Amendment, and much more.


Transcript

00:00:00.000 Would you be comfortable then with a short-term funding bill that funds the government, say, until January or perhaps April?
00:00:06.980 Is that something that you're considering?
00:00:10.460 Well, I've talked to my colleagues about this in the race for the in the speaker's race.
00:00:15.900 I mentioned that I would favor as for purposes of discussion to build consensus around if there indeed has to be a stopgap funding measure that we would do that until January 15th.
00:00:26.660 And the reason for that is it gets us beyond the end of the year push.
00:00:30.940 And oftentimes the Senate tries to jam the House and force an omnibus spending bill.
00:00:35.560 We're not doing that here anymore.
00:00:37.100 We're having single subject bills in our separate appropriations bills.
00:00:40.260 And so pushing that into January, I think, would assist us in that endeavor.
00:00:43.900 There may be some conditions put on that, perhaps, that 1 percent spending cut across the board instead of becoming effective in April.
00:00:50.460 Maybe we make that January 15th to incentivize the Senate to do their work.
00:00:53.980 But I don't want to get too deep in the weeds on the details of it because people sort of get lost in all of that.
00:01:00.100 But I'll tell you that we're working in earnest to get it done.
00:01:02.760 I think all of our colleagues are at the table right now, even the toughest fiscal conservatives like myself.
00:01:09.800 People know that we've got to get this job done and they're ready to do it.
00:01:12.360 As soon as I took the gavel, our work began.
00:01:15.820 And we passed the resolution, as you noted, in strong support of our strong ally and great friend Israel.
00:01:22.420 We had to do that. And then I flew last night to Las Vegas and spoke to the Republican Jewish coalition, as you noted,
00:01:28.540 to send a further signal that this isn't a priority for our country.
00:01:32.300 And we cannot allow the brutality and just unspeakable evil that is that is happening against Israel right now to continue.
00:01:39.200 We're going to stand with our friends.
00:01:40.400 Well, there is now ground fighting inside the Gaza Strip, and we've been watching it intensify all weekend.
00:01:47.600 This did not unfold the way some had expected with a blitz of divisions of Israeli troops and tanks going in, many reservists.
00:01:56.360 Instead, we've seen elite Israeli troops, combat engineers, bulldozers, tanks, armored personnel, dismounted troops walking into Gaza,
00:02:05.820 going in from multiple directions, much of it focused in the area on the northern Gaza Strip, which you can see behind me.
00:02:13.100 There's been fighting ongoing this morning, and there do seem to be clashes.
00:02:17.520 We've seen Israeli troops firing.
00:02:20.020 We've also seen the Israeli troops coming under fire, apparently, from Hamas.
00:02:25.040 We are now talking about a phase of street-to-street fighting.
00:02:29.740 We have also just heard from witnesses that Israeli tanks, according to witnesses that have spoken to our crew,
00:02:36.460 are on the main road, the Salah al-Din road, which runs from the north to the south of the Gaza Strip.
00:02:43.120 That would make it impossible or at least very difficult for Palestinians to follow Israeli orders to go from the north, to go from the south.
00:02:52.040 Israel has repeated those orders with greater urgency this weekend, dropping leaflets, telling people to immediately leave Gaza City,
00:03:00.180 leave all the areas in the north, to come out with their hands up, to carry white flags, if possible, and to head south.
00:03:06.580 But now with these reports of Israeli troops cutting that road, it makes that mission far more complicated, far more dangerous.
00:03:14.860 What are we going to do?
00:03:16.780 I'll tell you what we're going to do.
00:03:18.340 This is the War Room Monday, 30 October, Europe, early 2023.
00:03:21.300 We're going to go back.
00:03:22.040 We have a very, how do I say this, tight, cold open that talks about the geopolitical situation,
00:03:29.500 the political situation in Washington, D.C.
00:03:31.240 I want to get that and make sure everybody can get the fullness of it.
00:03:34.400 But we've got breaking news, extremely important, out of Denver, Colorado.
00:03:39.540 A lot of folks have not paid attention to this 14th Amendment fiasco,
00:03:43.680 but it's going to trial today with a radical judge, Wallace, in a state court in Denver.
00:03:49.320 Both Jason Miller, one of the president's senior advisors, and, of course, Mike Davis are on the scene.
00:03:53.880 Mike Davis joins us by phone.
00:03:55.960 Mike, you've warned us about this from the beginning, from the very first time that the Federalist Society Constitutional Scholars raises up the flagpole,
00:04:04.140 and you said this is completely unconstitutional, total madness, but it's going to get some traction somewhere,
00:04:10.440 and it looks like it's gotten it in your second home, your beloved Colorado, sir.
00:04:15.080 Yeah, I'm in the Denver District Court right now, and the trial is starting in front of this Democrats-appointed Denver District Court judge, Sarah Wallace.
00:04:26.020 She just donated last year, before she became a federal judge, to an organization that is trying to go after elected officials who supported Trump on January 6th.
00:04:37.760 This organization is trying to get them thrown out of office, and this Democrat judge in Denver, Sarah Wallace, donated to that organization.
00:04:46.240 She should clearly recuse.
00:04:48.420 President Trump has filed a motion for her to recuse.
00:04:50.820 She will decide that this morning, presumably, and I presume she'll deny that motion, which is reversible error, but I don't think the Democrats care.
00:04:58.980 Remember, these are the Democrats who impeached President Trump for nonsense.
00:05:03.160 They indicted him four times for non-crimes.
00:05:06.460 They even brought a civil fraud lawsuit to bankrupt his family business for the non-fraud of a businessman paying back sophisticated Wall Street banks in full on time as agreed with interest.
00:05:17.880 How the hell is that fraud, right?
00:05:19.380 And so they saw President Trump's poll numbers go up.
00:05:22.280 They see that he's going to beat President Biden like a drum on November 5th, 2024.
00:05:27.460 So now this is their legal harem Hail Mary.
00:05:29.940 They want to use a post-Civil War constitutional amendment, Section 3 of the 14th Amendment,
00:05:36.460 that is intended to disqualify Confederate sympathizers who engaged in insurrection during the Civil War from federal office.
00:05:43.700 These Democrats around the country are trying to disqualify President Trump, take him off the ballot in key states.
00:05:50.340 They're starting here in Colorado, a blue state, and they're going to use that precedent in swing states like Michigan to just take Trump off the ballot.
00:05:58.860 This is obvious lawfare.
00:06:01.220 It's obvious election interference.
00:06:02.740 It's unconstitutional.
00:06:04.520 This is madness.
00:06:05.480 There is a court case from 1869 that addressed this point directly, that Chief Justice Samuel Chase heard this back in 1869 when they were trying to disqualify people from running from office.
00:06:20.440 As Confederate sympathizers and insurrectionists from running for office, and Chief Justice Samuel Chase clearly held that if you want to disqualify under Section 3 of the 14th Amendment for engaging in insurrection or rebellion,
00:06:32.560 Congress has to pass a federal criminal statute under Section 5 of the 14th Amendment.
00:06:38.360 Congress did that in 1870.
00:06:40.420 Congress passed an insurrection or rebellion statute that disqualifies.
00:06:44.340 So if you want to disqualify Trump or any other candidate, you have to bring federal criminal charges in a federal criminal court and get a federal criminal jury to unanimously find that defendant was guilty under that specific insurrection or rebellion criminal statute.
00:07:00.620 It has to be – the district court judge has to convict, and it has to be upheld on appeal.
00:07:06.060 That is the only way you can remove for insurrection or rebellion, to disqualify for insurrection or rebellion under the 14th Amendment.
00:07:13.660 The qualifications to be president are laid out in the Constitution, and if you want to disqualify, you have to go through that federal criminal statute.
00:07:22.660 Does the J6 – does insane Jack Smith, this J6 charge he's bringing to the president, would that qualify?
00:07:30.740 Nope, it's not.
00:07:31.940 He's not – remember, the Democrats have spent tens of millions of dollars between the January 6th nonsense with Nancy Pelosi and Liz Cheney and Kinzinger.
00:07:43.100 They spent tens of millions of dollars.
00:07:45.920 You've had Jack Smith and the federal government spending tens of millions of dollars.
00:07:51.160 You have private organizations spending a lot of money.
00:07:53.280 They have been searching for evidence for insurrection or rebellion on Trump since January 6th, and they can't find it because it does not exist.
00:08:02.100 How many insurrectionists get to the Senate floor of a nation's capital and walk through velvet ropes and follow police direction and don't burn down the damn place?
00:08:12.440 January 6th was a lawful protest permitted by the National Park Service that got out of control and turned into a right.
00:08:20.780 It was not an insurrection, and that's why even Jack Smith, even deranged Jack Smith, has not charged insurrection because the evidence does not exist.
00:08:29.160 I want to go back to this charge.
00:08:32.980 You said at the very beginning, I think, just like in Mar-a-Lago, we had you on the first day, and you said how that was going to metastasize extra-legally.
00:08:40.220 Here, this is about the politics and the optics and pounding the Denver media market with this, right?
00:08:46.480 This has no chance.
00:08:47.580 As far as law, it's a joke.
00:08:49.500 This is purely using the courts.
00:08:51.000 This is the manifestation of lawfare, that they're using it for political, and what they hope to do is just bombard the airwaves in Denver that Trump's an insurrectionist, Trump's an insurrectionist, Trump's an insurrectionist.
00:09:04.000 Am I too far off base on that?
00:09:06.660 Well, I mean, I think that's part of what they do, what's going to happen.
00:09:09.320 But I actually think that this Denver district court judge, Cheryl Wallace, is going to disqualify Trump from the ballot in Colorado.
00:09:15.900 It's going to go to the Colorado Court of Appeals.
00:09:18.640 I think the Colorado Court of Appeals will affirm because you've had Democrats control Colorado for a long time, and you have all these whack-job judges they've appointed.
00:09:28.060 And then the Colorado Supreme Court will probably affirm as well.
00:09:31.080 So this will have to get resolved by the Supreme Court of the United States, and they have discretionary review.
00:09:37.420 But even these judges, these Supreme Court justices who have lifetime tenure on paper, they have to find a backbone.
00:09:46.240 Mike, can you hang on one second?
00:09:48.080 Let's go to the judge.
00:09:48.800 We've got the live stream.
00:09:49.520 Let's hear the judge's opening remarks.
00:09:50.980 You can hang with us, Mike.
00:09:51.920 Let's go ahead and hear it.
00:09:52.760 The court is who has reviewed the motion to recuse that was filed yesterday, as well as the exhibits.
00:10:03.860 I do not dispute that in October 22nd, prior to taking the bench, I apparently gave a $100 contribution to the Colorado Turnout Project.
00:10:15.440 That being said, prior to yesterday, I was not cognizant of this organization or its mission.
00:10:22.760 It has always been my practice, whether I was entirely successful or not, to make contributions to individuals, not PACs.
00:10:32.020 While I have no specific memory of this contribution, it was my practice and my intention to contribute to an individual candidate, not a PAC.
00:10:41.860 I can assure all of the litigants in this litigation, that prior to the start of this litigation, and to this day, I have formed no opinion.
00:10:54.880 Whether the events of January 6th constituted an insurrection, or whether intervener Trump engaged in an insurrection, or for that matter, any of the issues that need to be cited in this hearing, if I did, I would recuse myself.
00:11:12.180 But because I don't, I deny the motion for recusable.
00:11:16.720 I want to start with some ground rules.
00:11:21.820 The petitioners, the petitioners, and Secretary Griswold have a combined 18 hours of testimony, evidence, and arguments, and the interveners have a combined 18 hours.
00:11:38.520 You may use them as you wish, so long as they are productive, and respect the court.
00:11:43.660 As I said, if something is relevant, then I will likely allow the subject to be explored.
00:11:57.820 I will not, however, allow this proceeding to turn into a circus.
00:12:02.880 I also think that it is worth repeating that to the extent that we have discussions on the record regarding evidence and whether it should be allowed in,
00:12:10.020 I will count that time against the party who is objecting to the evidence.
00:12:15.520 Because I am the judge, I may ask questions.
00:12:19.200 Do not infer anything by my questions.
00:12:24.300 Petitioners, are you planning on making an opening statement, or do you intend to go straight to the evidence?
00:12:33.520 Your Honor, we will make an opening statement, and then we have a few preliminary issues as well.
00:12:37.680 Okay.
00:12:40.020 And, Mr. Gessler, are you planning on making an opening statement?
00:12:45.680 Your Honor, we have a few preliminary issues, and then we'll make our opening statement.
00:12:49.020 Yes, I just want to kind of make sure we all understand the schedule.
00:12:53.380 Okay.
00:12:55.100 Whatever the preliminary issues are.
00:13:04.620 Thank you, Your Honor.
00:13:05.360 First, the parties have reached some stipulations.
00:13:09.640 We will be filing those with the court.
00:13:11.520 There are 17, pretty benign, but it should help speed things up and make things more efficient.
00:13:17.860 Okay.
00:13:18.060 I can hand up a copy if you'd like, or if you'd like.
00:13:20.420 Are these factual stipulations?
00:13:33.780 They are factual stipulations, Your Honor.
00:13:38.120 The next issue is the rule on witnesses.
00:13:40.800 We would like to invoke the rule on witnesses, meaning that fact witnesses should not be present for testimony in the courtroom.
00:13:49.540 Let me come back in for a second to Mike Davis.
00:13:52.520 We have Mike on the phone outside the courthouse.
00:13:54.580 Mike, tell us what's going on right now.
00:13:56.620 This is – folks have to understand.
00:13:59.100 They are going to try anything.
00:14:02.100 This is like Stalin's Russia in the 1930s.
00:14:04.260 They will try anything to destroy Donald Trump and to take him off the ballot because they know he's going to win.
00:14:09.320 Mike, what are we seeing right now in this courtroom?
00:14:11.400 If we can just live stream the court when Mike talks.
00:14:15.180 Yeah, so I would say this.
00:14:16.460 This judge, Sarah Wallace, has already made a reversible legal error.
00:14:22.000 President Trump filed a motion to recuse her because she donated to an organization with its mission – whose sole mission is to chase from elected office people who supported Trump on January 6th.
00:14:34.400 That is clearly, objectively, an appearance of bias and a minimum, if not subjectively biased.
00:14:41.880 This judge admitted to making that donation, but then she said that it doesn't matter that she made that donation.
00:14:48.220 She didn't remember making that donation, that she could be fair to Trump regardless.
00:14:54.180 Well, that's not the legal standard.
00:14:55.500 Whether she can subjectively be fair to President Trump or she claims she can subjectively be fair to President Trump is not the legal standard.
00:15:04.400 There is an objective legal standard, which is, does it look like she could be fair to President Trump?
00:15:09.980 And anyone with a brain can say that she can't objectively be fair to President Trump when she made a donation last year to a political pact to chase out-of-office people who supported Trump on January 6th.
00:15:23.240 Last month, the G20 announced a plan to impose digital currencies and digital IDs on their respective populations.
00:15:32.360 No, I'm not making that up.
00:15:34.020 That is a fact.
00:15:35.560 Central bank digital currencies essentially allow the government to track every purchase you make.
00:15:41.460 They could even allow officials to prohibit you from purchasing certain products or easily freeze or seize part or all of your money.
00:15:51.100 Let that sink in for a second.
00:15:54.700 In essence, they enable the government to take more control over your personal finances.
00:16:00.000 Concerned Americans are diversifying their assets into physical gold with the help of Birch Gold Group.
00:16:06.520 If you want a physical asset held in a tax-sheltered retirement account, you should call Birch Gold 2.
00:16:13.280 But learn for yourself.
00:16:15.700 Text Bannon, B-A-N-N-O-N, to 989898, and they'll send you a free info kit on gold.
00:16:21.500 The easiest way to become a Birch Gold customer, if you have an IRA or 401K from a previous employer just gathering dust,
00:16:29.340 Birch Gold can help you convert it into IRA, into gold.
00:16:35.040 And you don't pay a penny out of pocket.
00:16:37.540 Let me repeat that.
00:16:38.380 You don't pay a penny out of pocket.
00:16:40.040 Text Bannon to 989898, claim your free info kit on gold, then call Birch.
00:16:46.640 Because if digital currency becomes a reality, and trust me, they're on the path to make it so,
00:16:53.040 it'll be nice to have some gold to fall back on.
00:16:56.980 It's only worked for 5,000 years of mankind's history.
00:17:01.180 Let Birch Gold work for you.
00:17:03.600 Bannon, 989898, text it right now.
00:17:06.940 Which is the very nature of this disqualification trial against President Trump.
00:17:14.120 Mike, how ludicrous is this?
00:17:20.040 I mean, I think, I hope this shows the American people how crazed these radical Democrats are.
00:17:25.780 But you came on the first day with Professor Dershowitz, who's no Trump fan, and has never voted for him.
00:17:32.600 In fact, it poses him right now on his return to the White House.
00:17:35.380 And said, this is totally, this is a joke.
00:17:38.200 This is not even close to being, this is so unconstitutional and so outside what the law was set up to do.
00:17:43.560 Your thoughts?
00:17:45.000 Well, I mean, let me give you an example.
00:17:46.440 I'm in Denver, Colorado right now.
00:17:48.260 Denver is the, is where the 10th Circuit Court of Appeals, the Federal Court of Appeals for the 10th Circuit is based.
00:17:54.800 And former Judge Michael McConnell, certainly no Trump fan, is a current Stanford law professor.
00:18:02.640 And he wrote an opinion piece on this several months ago, making the same argument that President Trump is making today.
00:18:09.480 Which is, if you want to disqualify a candidate under the 14th Amendment, you have to charge him under the federal criminal statute that deals with insurrection or rebellion.
00:18:19.660 A unanimous jury, a judge has to convict, it has to be upheld on appeal.
00:18:24.240 That is not happening here.
00:18:25.660 Even with deranged Jack Smith and obnoxiously partisan Tanya Shuckin, if they had this evidence, they would have charged Trump.
00:18:34.400 No question, they don't have this evidence it doesn't exist because there was no insurrection.
00:18:40.720 Again, how many insurrections get to the Senate floor of the nation's capital, walk through velvet ropes, follow police direction, and don't burn down the damn place.
00:18:48.580 It was a protest, a legal protest that turned into a riot.
00:18:55.520 Mike, how long do you think this trial will last?
00:18:58.420 Well, it's supposedly going to last maybe through this Friday.
00:19:04.280 It could be done as early as Wednesday, but it looks like it could go until Friday.
00:19:08.860 And then this biased, objectively biased Denver district court judge, Sarah Wallace, will have to decide whether she's going to disqualify a leading presidential candidate from the ballot, take away that choice from Colorado voters.
00:19:23.720 Nothing screams democracy like indicting your political opponent, trying to put him in prison, trying to bankrupt him.
00:19:31.340 And if that doesn't work, just taking him off the ballot so the American people don't have a choice.
00:19:37.260 I want to make sure the people are learning the lesson here about losing these states.
00:19:41.500 Talk to me, go back again about the Court of Appeals and the Supreme Court in Colorado.
00:19:45.500 What do you believe, even with her radical judgment, illegal, extra legal judgment, what do you think just in process is going to happen at the appeals and at the Supreme Court of Colorado?
00:19:58.020 I think that this is a hopeless cause here in Colorado.
00:20:03.080 When you don't win elections, this used to be a red state up until about 2006.
00:20:09.240 Then it became a swing state when the current governor, Jared Polis, a billionaire, pumped a bunch of left-wing money into the state.
00:20:15.940 They did all-mail ballots.
00:20:17.860 And then when they did all-mail ballots, the state gradually became blue.
00:20:21.600 And I lived here during this time, for 10 years during this time.
00:20:24.160 They legalized marijuana, all these dirtbags from New York and California, who ruined New York and California, moved to Colorado like COVID, cultural COVID.
00:20:34.420 They came here, and then they ruined Colorado like locusts.
00:20:37.840 And you see that this is an all-blue state now.
00:20:41.240 Every statewide office, every court in Denver, the Court of Appeals, the Colorado Supreme Court, it is Democrat-controlled.
00:20:48.540 And, Mike, we've said a lot, Steve, not our parents or grandparents, Democratic Party, not liberals who love America and just disagree with us on the best way to get there.
00:20:56.540 Mike, we're going to jump in.
00:20:59.740 Let's pick up the opening arguments right now.
00:21:03.960 With respect to the witness withdrawals, we feel the petitioner's pain.
00:21:09.320 And with respect to the exhibits, we will maintain our objections, and I understand the posture of the court, particularly the objections with respect to Mr. Giuliani's and Mr. Eastman's speech.
00:21:24.860 They're not the ones on trial here today.
00:21:26.660 We're talking about whether President Trump engaged in activities, not whether they and they were not President Trump when they made those speeches.
00:21:37.580 So we would maintain those objections.
00:21:40.040 With respect to 73 and 126, we'll have to take a look at that a little bit closer, Your Honor.
00:21:44.780 I confess that I don't have all 100 and whatever exhibits fully committed to memory at this point.
00:21:54.060 With respect to some of our points, just to point out, and I know the court has been very diligent in producing orders on issues,
00:22:03.940 I think we still have a specific intent motion outstanding as far as that, as well as the First Amendment motion to dismiss.
00:22:12.880 I'm assuming the court will take those issues under advisement, but I want to at least point that out.
00:22:17.340 We have one witness who has concerns about some of the legal threats that have been levied.
00:22:24.440 They're going through, I've got to learn to use my technology.
00:22:32.240 We're going to come back when they're doing the opening arguments.
00:22:36.160 Mike Davis, what should we look for in the opening arguments today?
00:22:38.540 And how did this kind of, we've been following it, but all of a sudden metastasized to like the trials on Monday.
00:22:45.220 How is the Trump team not able to get delays on this?
00:22:48.980 Well, I mean, when you have a partisan, clearly, objectively biased Denver District Court Sarah Wallace,
00:22:57.220 he has rejected all of their legal arguments before the trial,
00:23:01.140 and it sounds like she's going to reject all of their legal arguments during the trial.
00:23:05.820 I think she's preordained to rule against Trump.
00:23:09.160 At least that's what, objectively, the evidence looks like when she donated last year to an organization with its sole mission,
00:23:17.600 a PAC with its sole mission of chasing out-of-office people who supported Trump on January 6th.
00:23:22.600 So you ask anyone, objectively, who's not a complete, deranged, left-wing partisan,
00:23:29.080 if that sounds like President Trump is going to get a fair shake in front of this Denver District Court Judge Sarah Wallace.
00:23:34.160 Mike, we'd ask you to hang around.
00:23:40.240 Here's what we're going to do.
00:23:41.460 We're going to pick this up live stream on my Getter account and the War Room Getter account
00:23:45.520 so people can watch it simultaneously along with the show.
00:23:48.940 Mike Davis.
00:23:49.740 Mike, are you going to go in the court today?
00:23:51.360 Are you going to be available for us to get you by phone?
00:23:54.220 Well, of course, I am your man on the ground, Steve, as always.
00:23:57.300 So anytime you need to get me, I'll step out of the courtroom and I'll come talk to you.
00:24:00.380 So, fine, we'll let you go inside the courtroom, hear opening arguments.
00:24:06.060 We're going to live stream.
00:24:06.800 As soon as our opening arguments start, my crack team in Denver is going to give me a heads up
00:24:11.980 and we're going to go back to that.
00:24:14.120 It'll be live streaming.
00:24:15.200 You hear all the technical arguments in advance.
00:24:18.020 This is quite a big deal because you're going to see this happen throughout the rest of the country.
00:24:21.620 Radical state judges with, by the way, a radical secretary of state,
00:24:27.000 who is one of the instigators of this, with complete radicals on appeals courts and Supreme Courts.
00:24:33.860 This is what happens when you let the apparatus.
00:24:36.720 This is what they're trying to do in Texas.
00:24:38.600 This is what they're trying to do in Michigan.
00:24:40.140 They're trying to take these states and have total control over them.
00:24:43.700 And, of course, this shows you the battle between the Freedom Party and the good guys,
00:24:48.800 which would be us, versus these essential Nazi communist judges, just like Hitler's Germany,
00:24:56.920 just like the show trials in Moscow in 1935.
00:24:59.760 No difference whatsoever.
00:25:02.360 That they cannot defeat.
00:25:04.160 Here's the lesson.
00:25:05.360 The polling over the weekend, Axios, Jim Vander Hay and Mike Allen yesterday,
00:25:09.800 did a brutal takedown of Joe Biden's chances to win re-election.
00:25:13.980 Just brutal.
00:25:14.540 They understand they can't beat Trump at the ballot box.
00:25:18.620 They're either going to try to cheat through the Mark Elias method.
00:25:21.780 They're going to try to get Trump off the ballot in key battleground states.
00:25:27.460 Or they're going to try to bankrupt him and put him in debtor's prison.
00:25:31.940 Or the 700 years in criminal cases.
00:25:35.080 So you don't think this is real.
00:25:36.540 This is quite real.
00:25:37.480 And this moved very rapidly last week as all these logical arguments that the Trump team had,
00:25:44.840 the judges, Sarah Wallace, just completely radical.
00:25:47.140 By the way, Laura Loomer has got some fantastic tweets up.
00:25:50.740 I know Mo and Grace are going to put them up on War Room right now so everybody can see them.
00:25:55.320 Let's go back.
00:25:56.100 We're going to reset.
00:25:57.340 We're going to jump back into this court case as soon as opening arguments go.
00:26:01.620 Let's go back.
00:26:02.460 Let's hit rewind.
00:26:03.100 We're going to start with the cold open of the show today because there's a lot going on.
00:26:07.240 Let's go ahead and let it rip.
00:26:08.720 So would you be comfortable then with a short-term funding bill that funds the government,
00:26:13.340 say, until January or perhaps April?
00:26:15.820 Is that something that you're considering?
00:26:19.340 Well, I've talked to my colleagues about this in the race for the – in the speaker's race.
00:26:24.900 I mentioned that I would favor, for purposes of discussion, to build consensus around,
00:26:30.140 if there indeed has to be a stopgap funding measure, that we would do that until January 15th.
00:26:35.520 And the reason for that is it gets us beyond the end-of-the-year push.
00:26:39.800 And oftentimes the Senate tries to jam the House and force an omnibus spending bill.
00:26:44.400 We're not doing that here anymore.
00:26:45.940 We're having single-subject bills in our separate appropriations bills.
00:26:49.140 And so pushing that into January I think would assist us in that endeavor.
00:26:52.920 There may be some conditions put on that, perhaps, that 1 percent spending cut across the board
00:26:57.180 instead of becoming effective in April, maybe we make that January 15th to incentivize the Senate to do their work.
00:27:02.920 But I don't want to get too deep in the weeds on the details of it because people sort of get lost in all of that.
00:27:08.940 But I'll tell you that we're working in earnest to get it done.
00:27:11.620 I think all of our colleagues are at the table right now, even the toughest fiscal conservatives like myself.
00:27:18.620 People know that we've got to get this job done and they're ready to do it.
00:27:21.120 As soon as I took the gavel, our work began.
00:27:24.740 And we passed the resolution, as you noted, in strong support of our strong ally and great friend Israel.
00:27:31.440 We had to do that.
00:27:32.380 And then I flew last night to Las Vegas and spoke to the Republican-Jewish coalition, as you noted,
00:27:37.420 to send a further signal that this isn't a priority for our country.
00:27:41.180 And we cannot allow the brutality and the just unspeakable evil that is happening against Israel right now to continue.
00:27:48.080 We're going to stand with our friends.
00:27:49.240 Well, there is now ground fighting inside the Gaza Strip, and we've been watching it intensify all weekend.
00:27:56.460 This did not unfold the way some had expected with a blitz of divisions of Israeli troops and tanks going in, many reservists.
00:28:05.220 Instead, we've seen elite Israeli troops, combat engineers, bulldozers, tanks, armored personnel, dismounted troops walking into Gaza,
00:28:15.060 going in from multiple directions.
00:28:17.080 Much of it focused in the area on the northern Gaza Strip, which you can see behind me.
00:28:21.960 There's been fighting ongoing this morning, and there do seem to be clashes.
00:28:26.380 We've seen Israeli troops firing.
00:28:28.880 We've also seen the Israeli troops coming under fire, apparently from Hamas.
00:28:35.180 We tried two times.
00:28:38.480 We didn't get it.
00:28:39.040 There's going to opening arguments.
00:28:40.640 I think it's very important for this audience to hear this.
00:28:42.960 Let's go live to Denver, Colorado, the state courthouse.
00:28:45.580 Judge Wallace.
00:28:46.120 Are you prepared for the unthinkable ahead?
00:29:01.640 We all need to pray for the best, but prepare for the worst.
00:29:06.080 That means stockpiling emergency food before it's too late.
00:29:09.240 Right now, go purchase a three-month emergency food kit from MyPatriotSupply.com.
00:29:15.900 This is the nation's leader in self-reliance.
00:29:19.860 Order your today by going to MyPatriotSupply.com.
00:29:23.420 Every family member needs their own kit when disaster strikes.
00:29:27.180 These three-month kits from MyPatriotSupply.com give you an abundance of delicious meals,
00:29:33.740 providing over 2,000 calories a day.
00:29:37.320 You'll have plenty to eat when everyone else is scavenging empty store shelves.
00:29:43.060 Stock up now because you won't get a warning when disaster hits.
00:29:47.580 Order by 3 o'clock today, and your order ships the same day for free.
00:29:52.320 The unthinkable can happen at a moment's notice.
00:29:55.360 So don't wait for a crisis to hit.
00:29:58.660 Prepare today and become self-reliant no matter what the future holds.
00:30:03.720 And remember to pray.
00:30:06.040 Go to MyPatriotSupply.com, MyPatriotSupply.com.
00:30:10.260 Use your agency.
00:30:11.360 Action, action, action.
00:30:13.760 Thank you, Your Honor.
00:30:14.720 Good morning.
00:30:16.800 Six Colorado voters, four Republicans and two independents,
00:30:21.420 brought this case to ensure Colorado has a fair election among eligible candidates.
00:30:28.960 Trump incited a violent mob to attack our Capitol to stop the peaceful transfer of power under our Constitution.
00:30:37.120 That mob got within 40 feet of Vice President Pence after they chased him from the Senate floor.
00:30:45.480 That mob tried to hurt and kill our elected leaders.
00:30:49.600 And we are here because Trump claims, after all that, he has the right to be president again.
00:30:56.920 But our Constitution, our shared charter of our nation, says he cannot do so.
00:31:04.780 And Colorado law says this court must ensure that only eligible candidates appear on our ballots.
00:31:12.880 Now, this case has four basic components.
00:31:14.920 Trump took an oath as an officer of the United States.
00:31:22.120 January 6th was an insurrection against the Constitution.
00:31:26.340 Trump engaged in that insurrection.
00:31:29.020 And the Secretary of State enforces constitutional qualifications.
00:31:33.900 And this court can order her to keep ineligible candidates off the ballot.
00:31:39.160 Now, turning to the first element, there's no dispute.
00:31:42.520 Trump took an oath as president.
00:31:43.840 That's stipulated.
00:31:46.180 I'll address their novel claim that his oath somehow falls outside of the 14th Amendment later.
00:31:52.640 And what happened on January 6th was an insurrection against the Constitution.
00:31:58.420 That's not in serious dispute.
00:32:00.600 Trump's own impeachment lawyer admitted as much.
00:32:04.780 Many others have found it.
00:32:07.020 We'll hear today and tomorrow from three people who were there that day.
00:32:12.460 First, there are two officers, Officer Danny Hodges and Officer Winston Pangean.
00:32:19.640 They fought the mob.
00:32:21.680 Hand-to-hand combat, you'll see.
00:32:24.440 We'll also hear from Representative Eric Swalwell, who will explain how that mob disrupted the core constitutional process of the peaceful transfer of power.
00:32:34.060 We'll also hear from Professor Gerard Magliocca.
00:32:39.620 He is one of the nation's leading experts on Section 3 of the 14th Amendment.
00:32:45.440 He's written several peer-reviewed articles on Section 3 and many articles and books on the history of the 14th Amendment.
00:32:52.440 He will explain that when the 14th Amendment was ratified, insurrection against the Constitution referred to any public use or threat of violence by a group to prevent or hinder the execution of the Constitution.
00:33:08.440 January 6th easily meets that standard.
00:33:13.900 Trump assembled a violent mob that tried to prevent the constitutional transfer of power and did, in fact, stop that transfer of power for some time.
00:33:25.040 Now, turning to President Trump's role in all of this, he engaged in this insurrection on January 6th.
00:33:31.440 He began by undermining the process for selecting a president and sowing doubts about elections.
00:33:40.320 This early pattern of behavior shows Trump's use of common extremist tactics using language that played into existing conspiracy theories.
00:33:49.900 He was a leading proponent of the birther myth about President Obama.
00:33:53.760 He questioned the validity of elections, even the one he won in 2016, claiming he actually got millions more popular votes than he really did.
00:34:03.300 And leading up to the 2020 election, he developed a plan to cast doubt on the results.
00:34:09.740 And after the election, he quickly focused on the January 6th transfer of power to disrupt the peaceful transfer of power.
00:34:17.940 In December, he started laying the groundwork for disrupting the constitutional process on January 6th.
00:34:26.080 On December 19th, he posted that there will be a big protest in D.C. on January 6th.
00:34:33.260 Be there.
00:34:34.180 We'll be wild.
00:34:37.740 A week later, he talked about never giving up.
00:34:41.020 See everyone in D.C. on January 6th.
00:34:43.940 See you in Washington, D.C. on January 6th.
00:34:49.480 Don't miss it.
00:34:52.160 Again, see you in D.C.
00:34:56.540 These tweets continued.
00:34:58.760 Big protest rally.
00:35:00.600 Stop the steal.
00:35:02.060 We'll hear about the importance of that language later on.
00:35:06.780 Again, talking about the 6th, over and over again.
00:35:09.420 Here, he retweeted a claim that, quote, the Calvary was coming.
00:35:13.940 We'll hear about Trump's invocation of military terms to support and rile up his supporters.
00:35:21.260 More admonitions come to D.C. on January 6th, over and over and over again.
00:35:27.500 And then, on January 6th, he reposted his speech.
00:35:40.420 Now, in addition to this drumbeat of pleas to his supporters to have them come to Washington to disrupt the transfer of power on January 6th,
00:35:54.420 he made repeated, deliberate statements to bring a mob primed for violence to D.C. on January 6th.
00:36:02.420 He refused to criticize the Proud Boys, an important part of the insurrection on January 6th, in a presidential debate,
00:36:10.680 and instead told them to stand back and stand by.
00:36:14.120 Leading up to January 6th, he praised the Trump train,
00:36:30.440 which was a group of trucks that intimidated and forced Biden campaign workers on a bus off a highway in Texas.
00:36:36.300 He tweeted, I love Texas, with this video.
00:36:41.620 Three, two, one, go!
00:36:45.260 Welcome to the Red Kingdom!
00:36:50.620 Yeah!
00:36:51.220 Red Kingdom!
00:36:54.840 Welcome to the Red Kingdom!
00:37:00.200 Yeah!
00:37:01.480 Red Kingdom!
00:37:03.300 He deliberately praised his supporters that used violent techniques to intimidate political opponents.
00:37:16.560 Again, leading up to January 6th, he used violent inflammatory rhetoric.
00:37:22.560 He claimed that if this happened to someone else, they would consider it an act of war and fight to the death.
00:37:30.080 Right before January 5th, he started threatening lawmakers with the crowd he assembled.
00:37:41.360 On the afternoon of January 5th, he said,
00:37:44.940 Washington, who is being inundated with people,
00:37:48.560 our country's had enough, they won't take it anymore.
00:37:51.120 And he got even more bold a few minutes later when he said,
00:37:56.820 I hope the Democrats, and even more importantly,
00:37:59.260 the weak and effective RINO section of the Republican Party,
00:38:03.600 are looking at the thousands of people pouring into D.C.
00:38:07.120 They won't stand for a landslide election victory to be stolen.
00:38:11.700 And then he identified three Republican leaders by name.
00:38:15.480 He threatened leaders of his own party with the mob he assembled.
00:38:22.660 Now, you will hear from an expert in political extremism,
00:38:27.180 who will discuss Trump's relationship with violence and political extremism.
00:38:32.680 Professor Peter Simi has studied extremists for his whole career.
00:38:36.660 He's written books, provided testimony at the January 6th committee's invitation,
00:38:43.940 and he will explain how communications like we just saw,
00:38:48.700 and additional ones by President Trump,
00:38:51.240 fit into a longstanding call and response pattern that he developed with supporters,
00:38:56.200 where he instigated violence and praised those who committed violence against political opponents on his behalf.
00:39:01.860 Now, turning back to what happened on January 6th.
00:39:08.040 Once Trump brought the crowd there,
00:39:11.140 he told them to march to the Capitol and fight.
00:39:15.680 Let's look at two portions of his speech on the ellipse on January 6th.
00:39:21.860 Republicans are constantly fighting like a boxer,
00:39:26.720 with his hands tied behind his back.
00:39:30.000 It's like a boxer.
00:39:31.900 And we want to be so nice.
00:39:35.100 We want to be so respectful of everybody,
00:39:37.740 including bad people.
00:39:40.780 And we're going to have to fight much harder.
00:39:43.640 And Mike Pence is going to have to come through for us.
00:39:46.380 And if he doesn't,
00:39:48.780 that will be a sad day for our country.
00:39:51.220 Because you're sworn to uphold our Constitution.
00:39:59.500 Now it is up to Congress to confront this egregious assault on our democracy.
00:40:05.480 And after this, we're going to walk down,
00:40:08.420 and I'll be there with you.
00:40:10.100 We're going to walk down.
00:40:12.800 We're going to walk down.
00:40:14.920 Anyone you want, but I think right here,
00:40:17.000 we're going to walk down to the Capitol.
00:40:19.340 And we're going to cheer on our brave senators and congressmen and women.
00:40:29.140 And we're probably not going to be cheering so much for some of them.
00:40:33.340 Because you'll never take back our country with weakness.
00:40:39.440 You have to show strength, and you have to be strong.
00:40:44.640 But I said, something's wrong here.
00:40:46.760 Something's really wrong.
00:40:48.000 It can't have happened.
00:40:49.180 And we fight.
00:40:50.480 We fight like hell.
00:40:52.060 And if you don't fight like hell,
00:40:53.760 you're not going to have a country anymore.
00:40:56.040 Our exciting adventures and boldest endeavors
00:40:58.980 have not yet begun.
00:41:01.220 My fellow Americans, for our movement,
00:41:04.760 for our children,
00:41:06.500 and for our beloved country.
00:41:08.900 And I say this, despite all that's happened,
00:41:12.400 the best is yet to come.
00:41:18.220 So we're going to,
00:41:20.780 we're going to walk down Pennsylvania Avenue.
00:41:26.440 I love Pennsylvania Avenue.
00:41:28.300 And we're going to the Capitol.
00:41:29.720 And we're going to try and give,
00:41:33.180 the Democrats are hopeless.
00:41:35.000 They're never voting for anything.
00:41:37.180 Not even one vote.
00:41:38.900 But we're going to try and give our Republicans,
00:41:42.820 the weak ones,
00:41:43.980 because the strong ones don't need any of our help.
00:41:46.900 We're going to try and give them
00:41:49.080 the kind of pride and boldness that they need
00:41:52.920 to take back our country.
00:41:54.140 So let's walk down Pennsylvania Avenue.
00:41:58.520 I want to thank you all.
00:42:00.120 God bless you.
00:42:01.420 And God bless America.
00:42:05.760 Two important features of that speech we just saw.
00:42:09.780 First is his focus of the crowd on the actions of Mike Pence
00:42:14.560 that were shortly to happen in the Senate chamber.
00:42:16.920 And second,
00:42:18.560 his repeated reference to fight
00:42:20.540 and urging his supporters to fight.
00:42:24.640 Now,
00:42:25.380 I'm sure that Trump will claim
00:42:27.740 that because he used the words,
00:42:29.700 quote,
00:42:30.200 peacefully and patriotically
00:42:32.160 later in that speech,
00:42:34.200 that he did not,
00:42:35.040 therefore,
00:42:35.440 engage in insurrection.
00:42:36.720 That claim is wrong at every level.
00:42:42.300 He used fight 20 times in that speech,
00:42:45.620 peaceful only once.
00:42:48.680 Professor Simi explains
00:42:50.140 how leaders use language like that,
00:42:52.100 like the peacefully comment,
00:42:53.680 to create plausible deniability
00:42:55.480 that is just filter.
00:42:58.440 Trump well knew
00:42:59.900 how his reporters would respond.
00:43:01.980 He saw what happened
00:43:02.840 when he told the Proud Boys
00:43:03.880 to stand back and stand by
00:43:05.540 and how they treated that as an endorsement.
00:43:08.980 In fact,
00:43:09.660 his use of peaceful in the rally
00:43:11.700 and, again,
00:43:13.080 use in this proceeding
00:43:14.200 highlights that he knew the power
00:43:16.760 of his other words.
00:43:18.940 If you don't think people
00:43:19.980 are going to engage in violence
00:43:21.240 after what you told them
00:43:22.520 or that your words will provoke violence,
00:43:25.360 you don't need to say be peaceful.
00:43:27.440 They already will be.
00:43:29.580 But that speech that we just saw
00:43:31.620 got the crowd worked up
00:43:33.540 and headed to the Capitol.
00:43:35.540 I'll show you a video
00:43:36.620 taken from the top of the Capitol
00:43:38.840 at 2.23.
00:43:42.620 You can see the timestamp
00:43:43.640 in the upper left.
00:43:45.540 So after the speech,
00:43:46.940 the Trump followed,
00:43:48.080 the crowd followed Trump's orders
00:43:49.700 and marched down to the Capitol.
00:43:51.640 But as you can see from the video,
00:43:53.980 much of the rally,
00:43:54.980 they weren't doing much.
00:43:55.980 They were just standing there.
00:43:57.080 So what did Trump do
00:43:58.980 right after,
00:43:59.800 the minute after this video?
00:44:03.440 He posted a tweet
00:44:04.760 that incited the mob to violence.
00:44:09.200 Again,
00:44:10.100 channeling on the focus on Mike Pence
00:44:11.900 he used earlier in the day,
00:44:13.980 he described Mike Pence as weak
00:44:15.540 and said he didn't have the courage
00:44:17.000 to do what should have been done
00:44:18.620 to protect our country
00:44:19.620 and our Constitution.
00:44:22.440 USA demands the truth.
00:44:25.920 And look what happened
00:44:27.180 instantaneously with this tweet.
00:44:30.060 We see people read it
00:44:31.700 in the crowd from bullhorns.
00:44:33.340 They immediately started chanting,
00:44:35.080 hang Mike Pence,
00:44:36.200 and the violence began in earnest.
00:44:38.120 My friends didn't have the courage
00:44:43.060 to do what should have been done
00:44:44.540 to protect our country
00:44:46.040 and our Constitution,
00:44:48.040 giving state a chance to so-fi
00:44:50.000 a court that should affect
00:44:51.780 not the broad word of an accurate one,
00:44:54.920 but stand what asked
00:44:56.040 to previously so-fi.
00:44:57.780 U.S. demands the court.
00:45:00.560 Break our streets!
00:45:03.080 Break our streets!
00:45:05.400 Break our streets!
00:45:06.640 Break our streets!
00:45:08.120 Break our streets!
00:45:09.860 Break our streets!
00:45:11.200 Break our fear!
00:45:15.580 Break our streets!
00:45:18.700 Break our streets!
00:45:19.600 Break our streets!
00:45:19.800 Break our streets!
00:45:20.020 Break our streets!
00:45:22.000 We're out!
00:45:34.560 Break the street!
00:45:36.640 Break our streets!
00:45:36.760 Break our streets!
00:45:36.860 Oh, my God.
00:46:06.860 Oh, my God.
00:46:36.860 Oh, my God.
00:47:06.860 Oh, my God.
00:47:37.340 If there's ever an emergency, they're not going to be prepared and run the risk of hurting themselves or others.
00:47:44.940 There's no way around it.
00:47:46.640 You need to train, and you need to train often.
00:47:50.240 Unfortunately, it's time-consuming to go to the range, assuming there's even one nearby and ammo prices are through the roof.
00:47:57.540 iTarget was invented so you could practice any time in the safety and convenience of your own home.
00:48:02.980 Simply download the iTarget Pro app, load your caliber-specific laser bullet into your firearm, and start training.
00:48:12.160 Practice alone, compete with friends, or use it to safely train friends and family who are new to firearms.
00:48:19.260 Go to iTargetPro.com and get 10% off at checkout when you use offer code Bannon.
00:48:26.380 This is the smartest, safest way to train, which is why competitive shooters trust dry fire training as part of their regimen.
00:48:34.860 Get yours today.
00:48:36.980 That's the letter iTargetPro.com.
00:48:40.100 That's iTargetPro.com.
00:48:43.440 Offer code Bannon.
00:48:44.660 iTargetPro.com.
00:48:46.320 Action.
00:48:47.040 Action.
00:48:47.600 Action.
00:48:47.880 There was no possible, innocent explanation for that tweet that set the crowd on fire.
00:48:58.960 We'll hear later today from Officer Hodges.
00:49:01.660 This is his body cam at the exact same time.
00:49:05.180 You can see in the upper right-hand corner, it's 2.28.
00:49:09.140 So within five minutes of Trump's issuing that tweet, this is what he faced.
00:49:13.340 Kill it.
00:49:42.260 Kill it.
00:49:42.420 Kill it.
00:49:42.520 Kill it.
00:49:42.880 Thank you.
00:50:12.880 So, within 30 minutes of the tweet, we see the picture from the same vantage point we saw before.
00:50:23.040 The crowd had overrun the barriers, but this was the back of the crowd.
00:50:28.360 This was a crowd that was not the front line of the attack of the assault on our constitutional process.
00:50:35.720 We have video that shows Officer Hodges, within 30 minutes of the tweet, he had retreated to the tunnel and was trying to defend the tunnel against this mob.
00:50:48.060 The crowd had retreated to the tunnel and was trying to defend the tunnel against this mob.
00:51:18.040 That is Officer Hodges, who you'll hear from shortly.
00:51:26.740 This was an interruption that Trump led.
00:51:30.480 As we've seen, he summoned and organized the mob.
00:51:35.100 He gave the mob a common purpose, disrupt Mike Pence's certification of the election.
00:51:41.660 He did that by inciting the mob at the Ellipse.
00:51:45.780 He knew that mob was armed and dangerous.
00:51:50.120 He told the mob to go to the Capitol with him.
00:51:53.700 Once they were there and not sufficiently violent, he incited the mob with that 2.24 p.m. tweet and others that followed.
00:52:04.700 And importantly, he helped the mob by refusing to mobilize resources to stop the attack.
00:52:14.320 He spent three hours watching it unfold on TV without doing a single thing, even though he was the most powerful person in the world.
00:52:25.160 Now, what does Trump say in response to this overwhelming evidence?
00:52:33.040 He says a few things.
00:52:35.040 He says, hey, I said peacefully in the speech, so I didn't engage in the insurrection.
00:52:39.400 And we already talked about that.
00:52:40.860 That peacefully proves his intent.
00:52:43.780 He then says, I wasn't there.
00:52:48.440 I did not engage in insurrection.
00:52:53.420 But he did.
00:52:56.280 He kept quiet.
00:52:58.980 He tweeted inflammatory statements that incited the mob and watched the mayhem unfold for three hours with doing nothing.
00:53:09.860 He continued to try to pressure Congress to do the mob's bidding and overturn the election.
00:53:17.320 And lastly, Trump says, others failed to protect the Capitol.
00:53:24.540 So it's not my fault.
00:53:26.280 There is an insurrection.
00:53:28.440 He blames others.
00:53:30.020 But it was Trump's dereliction of duty in violation of his oath to preserve, protect, and defend the Constitution that caused the constitutional process to stop.
00:53:42.260 You'll hear from national security expert Bill Banks, who's dedicated his career to the safety of our nation, studying how it works.
00:53:52.360 He wrote a book recently called Soldiers on the Homefront, the Domestic Role of the American Military.
00:53:57.380 He explains that Trump did not use the available federal resources.
00:54:03.720 In fact, Trump didn't use the resources he used in response to other threats, like the Black Lives Matter protest at Lafayette Square,
00:54:10.880 where they used tear gas and federal agents to clear the square very violently.
00:54:17.960 Now, Trump is going to call witnesses, we understand, to say that he tried to put people in place to defend the Capitol before January 6th.
00:54:27.380 That is not true.
00:54:31.140 No record exists of him doing that.
00:54:34.360 No indication that he used his vast power as commander-in-chief to do that at all.
00:54:39.840 That is just an invented excuse, after the fact, with no evidentiary support.
00:54:45.360 But even that doesn't matter.
00:54:48.380 Trump cannot avoid culpability for engaging in insurrection by blaming the victim.
00:54:54.380 Whether or not an insurrection occurred does not turn on how well defended the Capitol was.
00:54:59.220 He ignited the mob, told them to go to the Capitol, and inflamed them with his tweet.
00:55:03.700 Now, finally, Trump says, the law, even if all that's true, the law doesn't apply to him.
00:55:13.740 First, because he says he just was using speech.
00:55:16.540 But again, Professor Magliacca explains the history of Section 3 of the 14th Amendment,
00:55:24.300 and using robust historical sources, shows that at the time of passage, 1868,
00:55:30.300 engaging in insurrection included words of incitement or specific words of encouragement.
00:55:35.420 That's what Trump did here.
00:55:39.860 And in any event, it's not just Trump's speech that is an issue.
00:55:43.100 His conduct contributed to the mob's violence.
00:55:45.920 His failure to act when his oaths required him to do so led to the insurrection.
00:55:51.380 Now, Trump brings an expert, Professor De La Hunty,
00:55:55.560 but he's no expert at all on the 14th Amendment.
00:55:59.460 Never written a book or a peer-reviewed article on this issue.
00:56:02.780 On the 14th Amendment, more generally, not performed any original history.
00:56:08.740 There's no record of him studying this before he wrote a short opinion piece two months ago.
00:56:16.780 Now, Trump next argues that the 14th Amendment doesn't cover the president,
00:56:21.260 that there's an exception because it's a different kind of officer.
00:56:25.800 Again, Professor Magliacca will explain why history contradicts this claim.
00:56:29.640 It's nonsensical to create an exception for the most powerful person in government.
00:56:35.100 And at the time, in 1868, there's widespread understanding that officer included the president.
00:56:42.300 Finally, Trump claims that state courts like this one can't hear these disputes.
00:56:46.580 Now, as we've talked about, he's wrong under Colorado law.
00:56:50.480 Hanlon v. Gessler makes clear that the election code requires issues regarding a candidate's eligibility
00:56:56.180 to be determined by the courts, which is what we're doing here.
00:56:59.720 In addition to this bedrock law, we'll also hear from Hillary Rudy,
00:57:05.100 who's the deputy director in the Secretary of State's Elections Division.
00:57:10.240 And she will explain the history of Secretary of State enforcement
00:57:13.600 of qualifications and qualification challenges in court.
00:57:17.180 And I think Your Honor will easily conclude that this action falls well within a long line of cases
00:57:23.900 where courts decide valid eligibility requirements.
00:57:28.940 Now, our Constitution prevents people who betrayed their solemn oath,
00:57:35.120 as Trump did here, from serving in office again.
00:57:38.180 Colorado law gives these voters the rights to make sure their votes will count
00:57:44.800 by coming to this court and ensuring that only eligible candidates appear on our ballots.
00:57:51.380 Trump engaged in insurrection and therefore cannot appear on the ballot.
00:57:55.880 No person, not even the former president, is above the law.
00:58:01.140 We ask after this hearing that this court find Trump is an ineligible candidate under Colorado law
00:58:07.200 and order the Secretary of State not to place him on the ballot.
00:58:11.200 Folks, let me tell you about Soul Tea.
00:58:12.960 It's a company that makes a soft gel supplement rich in antioxidants
00:58:16.320 to help people like you and me keep a healthy heart.
00:58:20.280 While COVID gets all the headlines, it's important to realize
00:58:23.280 that heart disease kills nearly 700,000 Americans every year.
00:58:28.360 Yes, heart disease is the number one killer every year, year in and year out.
00:58:32.300 Heart disease builds over time.
00:58:33.720 Heart disease, hypertension, high blood pressure, bad cholesterol, diabetes,
00:58:37.140 all of it affects our heart.
00:58:39.580 A healthy heart is key to being energetic as we get older.
00:58:44.040 It is never too early to take care of your heart.
00:58:48.200 You see, heart disease sneaks up on us.
00:58:50.320 You can start in your 30s, and when this happens,
00:58:52.200 you're at serious risk by the time you turn 60.
00:58:54.020 If you want to take care of your heart and those you care about,
00:58:58.100 please go to warroomhealth.com.
00:59:00.300 That's warroomhealth.com, all one word, warroomhealth.com.
00:59:05.620 Use the code WARROOM at checkout to save 67% of your first shipment.
00:59:10.560 That's code WARROOM at checkout to save 67%.
00:59:13.540 Do it again.
00:59:14.980 WARROOMHEALTH, all one word, warroomhealth.com.
00:59:18.320 Go there today.
00:59:19.860 If you're going to be part of the posse, you need a strong heart.
00:59:22.880 You need a lion's heart.
00:59:24.620 How we're going to do that is with Salty.
00:59:26.940 Go there.
00:59:27.560 Do it today.
00:59:28.200 Check it out.