Former Vice President Joe Biden is the first person to be charged with a crime in the Russia investigation, and the only person ever to be cleared of a crime. But why did the FBI decide not to press charges against him? And why did they focus on his age?
00:01:02.340There was one adverb in particular that has sort of that struck me, which is painfully, which the author of this report, presumably Mr.
00:01:09.420Herr himself, uses the president was his memory was painfully bad or it was some of the tapes they heard were painfully slow.
00:01:17.100The discussion was painfully slow. That's right. Painfully slow.
00:01:19.260And I just thought, well, who's in pain? Like what that adverb is such a it's doing so much work editorially.
00:01:26.360You're in pain because it takes too long. Like it's just very clear.
00:01:29.820Just contained in that adverb is this kind of like siren call that's leaping off the page about him understanding exactly how this is going to resonate.
00:01:38.980As a prosecutor, did Robert Herr and his team cross the line here?
00:01:42.220The White House case is you already explicitly laid out in this report why you're not going to prosecute Biden.
00:01:48.000It is unnecessary and over the top to list out all these things, why you think a jury would be sympathetic to him.
00:01:54.640Well, part of that report was an outrage, was a disgrace.
00:02:00.440I mean, the idea that they that he would make such a big point of of of Biden being elderly is not something a prosecutor needed to do.
00:02:11.000That report didn't have to be 300 pages. I mean, that report showed that Merrick Garland again made the classic Democratic mistake, which is I know I'll appoint a Republican, a Republican partisan to investigate.
00:02:26.520And that will give us credibility. No, it never works.
00:02:30.220James Comey trashed Hillary Clinton in very similar way when he when he said we're not going to pursue charges.
00:02:37.300He then trashed her. What what her did is exactly the same thing.
00:02:42.440He exonerated him. But with the other hand, raised these really unnecessary points.
00:02:49.140That's what I'm wondering. Unnecessary. You would never need to put that to help justify why you're not going to bring a case.
00:02:54.820The issue in this investigation was criminal intent.
00:02:59.140That's the difference between the Trump case and the Biden case.
00:03:02.940But when when Biden's people discovered classified information in in the one of the offices, they called in the archives, they cooperated with the FBI and they told the truth.
00:03:16.080Donald Trump lied and obstructed, at least according to the indictment, extravagantly, endlessly.
00:03:23.180That's what a prosecutor should be talking about. Not not Biden's elderly quality.
00:03:30.520Joe and Mika, the president echoing the language in the report when he said, yes, I am a well-meaning and an elderly man.
00:03:36.320But in a moment that should have been a vindication for him that there are no charges warranted against him.
00:03:42.320And let's turn the page. The White House, obviously, as John said, felt the need to rush out there at eight o'clock at night from the White House and get in front of and push back on some of the other language.
00:03:52.320The gratuitous language about his mental acuity.
00:03:56.160Well, look, I think that when you look at a very bad day for President Biden and then you compare it to Donald Trump with 91 counts, sexual assault, fraud, sex with a porn star and everything he says every day.
00:04:11.220The day the day that President Biden had yesterday is like just another Tuesday for Donald Trump with far worse things that he's putting on the table.
00:04:21.320It's actually another. It's choosing Donald Trump without the 91 counts against him.
00:04:28.560This is the primal scream of a dying regime.
00:04:36.160Pray for our enemies because we're going medieval on these people.
00:06:52.240So we've got so much else to get to, and we're going to get to it all,
00:06:54.760and we're going to connect dots and make sure we make the linkages of why this was a turning point.
00:07:00.880But we have not just a crisis on the country and an invasion on the southern border.
00:07:05.720We now have a more central, and this is kind of a cancer, eating at the heart of this republic.
00:07:11.580And it is, once you think it through, it makes sense, because it gets back to the steel,
00:07:17.060the big steel in 2020, and why they had to do it, and the instruments they used for it.
00:07:22.360Bill McGinley joins me from the West Coast, from L.A. today, and Bill is one of the most respected election lawyers in our movement in the Republican Party.
00:07:35.060Bill was cabinet secretary in President Trump's first term under President Trump.
00:07:39.980Bill, willfully, so first off, I tell you what, Bill, right before I bring you up, can I play,
00:07:46.100do we have the clip that started at the first clip with the media?
00:07:49.400Because this was, the Biden regime made a massive mistake last night.
00:08:49.180Bill, when we talked yesterday, because you've always got the smartest insights, you said, Steve, this was an indictment.
00:08:55.940Her new Garland would not indict him for the classified document, which he obviously should have.
00:09:01.360But Her basically wrote a bill of indictment, and now it's the American people's responsibility to bring this home.
00:09:08.480Walk me through your assessment of Her's investigation, this report, and Biden's—Biden and, of course, regime media's response, sir.
00:09:18.720Yeah, I mean, I think when you actually read the Her report, you see that he lays out the elements of the crime, and he basically provides the evidence that would satisfy it.
00:09:29.180He just goes to the mens rea or the mental capacity of the president to say that because of his bad memory, because of his age, I don't think I could secure a conviction.
00:09:39.060And that is a lot different than what we're seeing with President Trump, where they're taking overly broad readings of the law and trying to get him any way that they can.
00:09:49.380They're throwing mud against the wall to see if something will stick.
00:09:52.860This Her report is an indictment of President Biden.
00:09:56.920It may not be a legal one, but it certainly is a political one.
00:10:01.520And you almost get the impression that Her understood that he was not going to be able to bring an indictment or that Garland would never sign off on it or an intent to indict.
00:10:12.720And so what he does is he almost imposes his own punishment by actually describing his interactions with the president during the interviews, but also what he sees on the tape with the president's biographer.
00:10:25.980And I think the word was painfully slow.
00:10:43.800It is issued by the president's Department of Justice.
00:10:47.560And frankly, there's just no way for the president or his legal team or his comms team to be able to refute this because he's quoting verbatims from the interview.
00:10:57.900He's showing the pictures of the boxes that are falling apart, containing some of the nation's most sensitive documents.
00:11:05.540And I think Biden, it just exposes Biden for what we all suspected.
00:11:09.940And that is that he's really struggling with his memory and he's not really up to the job.
00:11:15.820And I think that yesterday really was a turning point for him, because now the press doesn't have to be the one to really break the confidence with the Biden White House to say, this is what we're seeing.
00:11:27.640Robert Herr basically gave them the document for them to point to so that now they can ask these questions, go after him on it.
00:11:33.740On a technical basis, because Biden tried to, in MSMEC, right of the box, try to say, well, he didn't do anything near what Trump did.
00:11:43.120But the conclusion is he willfully, and I want to quote, he willfully retained and disclosed classified information.
00:11:50.840That's a quote from the report, is it not, Brother McGinley?
00:12:00.540No, all I was going to say is I felt like I was reliving the Comey press conference with Hillary Clinton, where he basically laid out the elements of the crime, basically proved the crime, but then said, I'm going to exercise prosecutorial discretion and not charge.
00:12:13.380And so we see this time and time again with Democrats, because they're trying to heal the nation by not bringing the charges.
00:12:18.860But when it comes to a Republican, it's full steam ahead.
00:12:21.680And so I think it really feeds into the narrative.
00:12:23.480President Trump had a great day yesterday because all the Biden DOJ did, everything that had happened with the news media and the coverage yesterday showed that President Trump is being persecuted and that the nation really is tired of this two-tiered system of justice.
00:12:39.080One thing I found striking, and look, I'm not a lawyer, but in my reading of it, didn't they also say that these tapes, some of the tapes with the biographer or the guy that was the ghostwriter for the memoir, didn't the guy go back when he knew there was an investigation?
00:12:59.580Didn't he go back and actually erase some of the tapes that dealt with the classified information?
00:13:04.920Yeah. And then they decided, they looked at it and decided, well, we're not going to charge him on that because we don't think we can secure a conviction on that as well.
00:13:13.160So it's almost like you looked at, you know, the fact pattern that Jack Smith looked at down at Mar-a-Lago, and basically they reached the exact opposite conclusion.
00:13:22.480I think, you know, this, like you said, I think yesterday was a real turning point for the United States,
00:13:28.860especially the American people who care about justice, who want lady justice to be blind and not partisan,
00:13:34.960that this is going to be something that I think is going to continue to be a central issue in this election.
00:13:40.580And I think President Trump, by plowing ahead, having a great day before the Supreme Court on the 14th Amendment argument that I think we'll get to in a minute.
00:13:48.420But I think the contrast is Biden continues to rely on the deep state and the insiders to help protect him and then to sick them after President Trump.
00:13:59.700But when you look at what this report discloses, I mean, another thing that a lot of people haven't focused on,
00:14:05.120at one point in the report, her says, well, there's no way that somebody really with good memory or anything else would put such sensitive documents into a box that is falling apart.
00:14:16.880Nobody would ever believe that a former vice president would do that with such sensitive documents.
00:14:23.440And therefore, we think that weighs in favor that the jury would be sympathetic to the president and not convict.
00:14:30.080So it was almost like the really bad storage of these documents out in the open in a box that's fallen apart somehow weighed as evidence that the jury would never convict the vice president.
00:14:41.860And they said he was essentially a feeble old man and they would take pity on him.
00:14:47.420Hang on for one second. We'll take a short commercial break.
00:14:49.660We're going to return in the war room with Bill McGinley in a moment.
00:14:52.900As we head toward a presidential election in November, one thing you can be sure of 2024 will be a tumultuous year like no other.
00:15:08.860How will your hard earned savings fare during this year?
00:15:11.820You're already seeing the impacts of inflation at the pump, the grocery store.
00:15:16.000The dollar continues to lose buying power quicker than your wages can increase.
00:16:41.820I just don't know if we're programming.
00:16:43.900We're going to get Mike Davis and maybe one or two others, like a Bill McGinley.
00:16:47.120What I want to do is, and I've got to figure out how to work with REV on this, but we're going to do two specials that we're going to,
00:16:53.360one, we're going to break down the entire oral argument yesterday at the Supreme Court was so important to this country from a historical basis and from understanding the Constitution.
00:17:33.560I mean, KGB head and, you know, not to be trusted.
00:17:38.020But he gave a master class in how world historical figures think and how they think about historical process.
00:17:46.040He also went into a little bit Channel Dwarver on the dollar and on the use of the dollar as an economic weapon.
00:17:54.760And, in fact, I gave a rant on that back in, I think, 20 and 21, which Jim Hoffman, those guys, pulled and put up on Gateway Pundit.
00:18:03.160We're going to break down all of the Putin thing with, like, hopefully, Jack Posobiec, if I can commandeer him and a couple of other people.
00:18:09.860So those are two things we're going to do.
00:18:11.160Make sure you go to birchgold.com slash war room to get the end of the dollar empire.
00:18:17.420When we do this Putin thing, or if you read the Putin transcript that Hoffman has up on Gateway Pundit right now,
00:18:24.280you will see that this is what I've tried to put into the end of the dollar empire.
00:18:28.240We're trying to give you the information, the same types of information, so you can get the same framework as world leaders.
00:18:35.700Because once the working class and middle class in this country have access to that information and can start to think in that framework, the world changes.
00:18:55.360The four installments of the end of the dollar empire.
00:18:57.480I'm working on a fifth installment that we hope to get out before CPAC, which will be on the central bank digital currency.
00:19:04.480Why is our Federal Reserve printing fiat currency and working on a digital currency while the rest of the BRICS nations, as Putin kind of alluded to yesterday, the central banks are buying gold at record rates?
00:19:20.200I think yesterday we crossed the Rubicon.
00:19:21.800It is one of the most important days since President Trump, if not the most important day, I think, overall, since President Trump left office for many, many, many reasons, which we'll try to get into the rest of the show.
00:19:34.180I want to concentrate with you on remedies.
00:19:38.400We essentially have a bill of indictment.
00:19:51.300And Garland would be stuck in a very uncomfortable situation of actually indicting a sitting president for this.
00:20:00.220To get around that, he allowed her to give this bill of indictment.
00:20:04.220What are the options now, since there's not going to be a formal legal process with DOJ, what are the options available to the American people right now of what we should have the war room posse focused on to make sure that justice is served?
00:20:22.220I think, number one, you're exactly right.
00:20:24.480And as we've discussed, this was a political indictment, not a legal one.
00:20:27.700And that means that whatever the remedies are going to be are going to be down the political track.
00:20:32.400So the first one is that every member of the Biden cabinet is probably going to be asked by the press, are there active discussions about the 25th Amendment and whether Kamala Harris, Vice President Kamala Harris, should be installed as acting president for whatever reason, call it mental incapacity or anything else.
00:20:54.280If you remember in the Trump administration, some young man wrote an op-ed that the New York Times published, and it led to every member of the cabinet being asked about, are there active discussions about the 25th Amendment?
00:21:08.040I think that that standard is probably going to be applied now to the Biden cabinet.
00:21:12.480And at every press availability that they have, they're going to be asked about the Hur report.
00:21:16.280They're going to be asked about what the cabinet member thinks of the statements, whether they've seen anything like what Hur describes, and then whether there's any active discussions amongst the Biden cabinet about whether the 25th Amendment should be invoked or under active discussion so that they can determine whether they should invoke it or not.
00:21:38.200Number two, I do think that Mr. Comer and Mr. Jordan in the House of Representatives, the chairs of the Oversight and Judiciary Committee, I think would be well advised to have a hearing on this and to figure out and try and find out from others what other instances have there been, like the Hur interview, where the president may not have really kind of had a grasp of what was happening or his memory had failed him.
00:22:05.280Because this is an official government document that Mr. Hur put out that really kind of lays out a troubling situation.
00:22:15.760Put aside any sort of electoral advantage that you think you can gain from this.
00:22:19.800Right now, the special counsel through the attorney general has put out a document that says we've got a serious problem at the top.
00:22:28.220We think we could have indicted the president, but for the fact that we think that he has poor memory, he's elderly, and he's just a sweet old man.
00:22:36.920And that's not really the standard that we want for the commander-in-chief or the president of the United States at a time where American service members are under constant barrage from Iran and its proxies, where you have a land war in Europe, where you have China aggression against Taiwan in the South China Sea, and North Korea is firing missiles.
00:22:55.240Plus, you have all the other typical national security issues that the president has to handle on a daily, if not nightly, basis.
00:23:02.900And so it raises a very serious question about whether we are up to what we're doing, and is the man who took the oath of office making the decisions or has it been delegated to his staff?
00:23:13.560And I think that that is squarely within Mr. Comer's jurisdiction at the Oversight Committee.
00:23:19.080Hang on. Hang on. Hang on. Hang on. You would bring – in that hearing, you would bring her in. Is her – he would be able to testify as to his findings?
00:23:28.980Her and other people associated with this investigation, they would be able to testify?
00:23:34.240The investigation is concluded. He produced his report.
00:23:37.200His whole report was nothing but an explanation about why they declined to prosecute the president or the biographer, the ghostwriter.
00:23:48.520So I think that they're – I don't think.
00:23:50.800I mean, remember, the report was submitted to White House counsel.
00:23:54.520Was there anything in there where they would want to invoke executive privilege?
00:23:57.680The report was submitted to the intel agencies to make sure that anything that they were publishing didn't satisfy or didn't contain classified documents.
00:24:08.020They wanted to scrub this report to make sure that once it was published, there were no mistakes on their end for what they were investigating President Biden for.
00:24:16.560So I think it would be perfectly appropriate for them to call Mr. Herup and have a conversation with him to try and flush some of this stuff out.
00:24:23.440Because what I really want to know is, like, what are some of the other instances that didn't make it into the report, given that they limited it to 300-plus pages, that could still be out there?
00:24:34.900This is a very serious issue, and I think, you know, our adversaries across the world are reading this report and mixing it up with the intel that they have in other instances.
00:24:45.380And I don't think it paints a very compelling picture of the United States right now.
00:24:50.380Could you also begin as the third part?
00:24:53.160Could you also begin immediately impeachment about his ability?
00:24:59.380Because he's commander-in-chief and clearly can't perform his functions.
00:25:03.480You saw that last night when he mixed up Mexico and Egypt, when he's trying to impress people with his memory and his ability, his cognitive ability.
00:25:10.580Do you believe simultaneously you can also begin impeachment, at least an impeachment inquiry, into this very topic?
00:25:17.260I mean, they've already got an impeachment inquiry open.
00:25:19.500I think it would not be a heavy lift for them to add this as well.
00:25:23.160And to be able to look at her report and all of the instances that are detailed in it about the memory elapses and everything else.
00:25:34.280I mean, this is something, this is a serious question.
00:25:36.540There were multiple commentators across cable networks last night.
00:25:39.600So this isn't just, you know, the MAGA or conservative wing of the Republican Party saying this.
00:25:45.480I mean, it was discussed on a lot of different networks last night about what to do about this and what's the damage to the Biden presidency.
00:25:53.420And I think from Biden's standpoint, he should want a very quick inquiry on this to either put it to bed, if he can refute it, or so that the nation can basically figure out the best path forward.
00:26:06.020Impeachment could be on the table depending upon the results of the her hearing and what evidence they can develop.
00:26:11.860Well, just, I know you get a bounce, but I would like to hold you through for your thoughts on the 14th Amendment, your quick thoughts on that.
00:26:19.060But just in the time we have remaining here, you were cabinet secretary.
00:26:22.560The process, the 25th Amendment, he's not removed immediately.
00:26:41.140There's actually an inquiry period, is it not?
00:26:44.340Yeah, I mean, there's a bit of an investigation, but basically it's a majority of the cabinet plus the Vice President.
00:26:50.120And they notify the President Pro Tem of the Senate and the Speaker of the House that the President is not in a position to serve and that the Vice President then would step up as acting President.
00:27:04.380I mean, every time that the 25th Amendment has been invoked, it's been because the President's gone under general anesthesia, voluntarily did it, transferred power to the Vice President until he was able to resume the duties.
00:27:17.040And so this would truly be a historic event.
00:27:20.660But I think given the contents of her report, as adopted and published by the Biden Department of Justice, I think we all have to ask some very serious, sobering questions about what is actually happening there and whether something needs to be done.
00:27:37.920Because the threats at the southern border, the international threats we're facing, and any other sort of crises that a typical president, that a president has to deal with on a typical day.
00:27:48.980We need to understand that the Commander-in-Chief is able to handle this.
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00:29:50.880Bill, give me your thoughts on this historic development yesterday at the Supreme Court.
00:29:57.700Look, I think, number one, what we saw was what happens when President Trump and his attorneys are given a chance before an objective tribunal to present legal arguments where they're actually going to weigh the merits of both sides' arguments.
00:30:13.040It was rather refreshing as opposed to seeing what's happening in New York and some of the stuff that's been going down in Georgia and other places.
00:30:19.960I do think that most observers and almost everybody believes that the Supreme Court is going to reject what Colorado did and what Maine have done in trying to bar President Trump from the ballot.
00:30:33.560They really have no constitutional basis for it.
00:30:36.780And I think they may do it on a couple of grounds.
00:30:39.140Number one, the president, the office of the president is not listed in Section 3 of the 14th Amendment as one of the offices where that would apply, where that section would apply.
00:30:49.740But also, number two, we can't have an ad hoc patchwork of states similar to what the chief justice and others, even the liberal justices, were saying, where they can really determine who becomes the president by barring them from the ballot on the basis of this, which is really a stretch from the language of the 14th Amendment.
00:31:11.080And I think, you know, one thing to really to focus on, I want everybody to go back and look at the transcript.
00:31:18.580But at one point, I believe the attorney for a crew who was arguing to bar President Trump talked about, look, if the court goes against us, they put us put him on the ballot and he is elected.
00:31:33.220This may ultimately be a decision not for the court, but for the Congress of the United States under the Electoral Count Act.
00:31:39.380And so they raised the specter of that as well.
00:31:42.640So I think that what President Trump, while he's going to get a victory, I believe, before the Supreme Court, because this has been a fanciful theory that I think has really been stretched beyond the legal limits of where it can apply.
00:32:24.400Folks, they ain't going to ever give up.
00:32:26.620OK, we had a red letter day yesterday.
00:32:29.400They don't care if the Supreme Court's nine to nothing.
00:32:32.180That's why the lawyer put it into the transcript.
00:32:36.380Jamie Raskin went into quite a bit of detail on MSNBC last night saying, hey, well, they may rule nine to nothing that he can be on the ballot in all these states.
00:32:44.000That doesn't mean that he actually can hold the office and that will be determined by the new house.
00:32:51.080Joy Ann Reed didn't quite pick up on that.
00:33:30.920And remember, the national command authority is two people, the guy who makes the decision to fire the nuclear weapons and then the other guy who actually works the mechanics of how the nuclear weapons are fired.
00:35:08.400And I would think that a person who would receive a direction from that president, former president, in your view,
00:35:16.940would be free to act as he or she wishes without regard to that individual.
00:35:21.940I don't think so because I think, again, the de facto officer doctrine would nevertheless come into play to say this is –
00:35:27.460No, de facto – that doesn't work, Mr. Murray, because de facto officer is to ratify the conduct that's done afterwards and insulate it from judicial review.
00:35:48.140On your theory, would anything compel a lower official to obey an order from, in your view, the former president?
00:35:58.560I'm imagining a situation where, for example, a former president was – you know, a president was elected and they were 25 and they were ineligible to hold office.
00:36:07.780But nevertheless, they were put into that office.
00:36:09.020No, no, we're talking about Section 3.
00:36:10.540Please don't change the hypothetical, okay?
00:36:46.160That was a school – boy, am I so glad I had a little bit to do and worked on the Gorsuch's situation, selecting him and then getting him through.
00:36:56.320Jeff Clark – and that's why I want to take the whole thing and break it down with people like Clark and Mike Davis and others and McGinley.
00:37:03.200It would be a great exercise for people.
00:37:06.620Jeff, just yesterday, the lessons in history, the law, the Constitution.
00:37:10.880Like I said, you know I'm not a lawyer.
00:37:20.180So first let me comment on that Justice Gorsuch exchange.
00:37:24.920One thing to understand is that the lawyer that you're hearing try to grapple with Gorsuch's penetrating questions is a former law clerk of his on the 10th Circuit.
00:37:34.840So Gorsuch did not give him any slack.
00:37:38.040And I think actually he was probably pretty disappointed in his former law clerk in terms of those answers.
00:37:43.040And look, what Gorsuch is getting at, based on a question that Alito asked, is that you can have a gap in the presidency, right?
00:38:26.040Your theory makes no sense because its outcome would lead to things that make no sense.
00:38:31.540You have to have a situation in which there is an unbroken chain from president to president so that you always know who's in charge of the executive branch.
00:38:41.500And my overall assessment, Steve, of yesterday is that, look, it was like a wrestling cage match where you got Jonathan Mitchell, who did a great job for President Trump, in there.
00:38:51.860And then you have a tag team against him, a lawyer, the one you heard there in the Gorsuch clip, and then a female lawyer for the secretary of state in Colorado.
00:39:00.080And the tag team could not defeat Jonathan Mitchell.
00:39:17.980They're going nuts last night and this morning.
00:39:20.320The after-action report, people should understand, the hot takes, they were stunned.
00:39:24.300Neil Katia, Weissman, they were stunned right after it was over because of what a beatdown it was.
00:39:30.460But then as they regrouped later in the evening than today, they're saying they just worried about the politics of it and the implementation of it.
00:39:37.000They didn't get to the fact that you have to, that Trump is an insurrectionist and therefore cannot hold the office.
00:39:45.720Well, that's the issue they want, Steve.
00:39:47.440And that's why the trial judge in Colorado basically said, you know, on page 100 or so out of 103 pages that Trump was not holding an office that was disqualified because he wasn't on the list of disqualified offices.
00:40:04.800It starts with senator, goes to representative, and then there's a hierarchy on down.
00:40:10.120But then, you know, the vast majority of our opinion before that is that Trump was an insurrectionist, right?
00:40:15.300I think that actually may have been exactly where Justice Ketanji Brown-Jackson was going yesterday.
00:40:22.520She was basically seeming to attach herself to the theory that Bill McGinley just mentioned, which is that Trump is not on the list of disqualified offices in terms of running for the presidency again.
00:40:35.200But I think what she may try to do is replicate what the trial judge in Colorado did, which is to say that Trump engaged in an insurrection.
00:40:43.340But I'm sorry, for whatever reason, the framers of the 14th Amendment decided not to put the president on the list.
00:41:09.920So I don't think that the other eight justices, or other seven at least, you know, put Justice Sotomayor in her own category,
00:41:17.480that they're going to go for some opinion that goes on at length about insurrection issues when they have, you know, some kill shot or other to get rid of this case.
00:41:27.760And it's actually a situation, Steve, where it's an abundance of riches.
00:41:32.220It's an embarrassment of riches, really.
00:41:33.840There are so many ways for this case to be thrown out and for the Colorado Supreme Court to be rejected.
00:41:40.620You know, it's hard to say exactly which one they're going to pick.
00:41:43.840There were two that Jonathan Mitchell focused on yesterday that I did not see any real response from the other side.
00:41:51.900Two, one is that there's a case called term limits where the Supreme Court said, Justice Kennedy writing,
00:42:00.360that the Constitution sets the qualifications for office and the states cannot vary those.
00:42:07.980And that that's what's happening here.
00:42:09.620Colorado is varying the requirements for election because the 14th Amendment doesn't tell you what you need to do to run.
00:42:17.400It only says that if you meet the criteria, and I don't think the President Trump here meets those criteria,
00:42:23.840but even if you grant for sake of argument that he does, that then he cannot hold office.
00:42:30.320And so Jonathan Mitchell argued, look, you have to sort of let the election play out.
00:42:35.380If the president, if President Trump gets elected,
00:42:37.420then Congress would get a chance to decide whether to lift that purported disqualification.