Bannon's War Room - February 09, 2024


Episode 3379： Meltdown Over Biden's Mental Acuity


Episode Stats


Length

55 minutes

Words per minute

171.71385

Word count

9,596

Sentence count

690

Harmful content

Misogyny

2

sentences flagged

Hate speech

3

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

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?

Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 You know, initially, the president of Mexico, Sisi, did not want to open up the gate to allow humanitarian material to get in.
00:00:10.680 I talked to him. I convinced him to open the gate.
00:00:14.140 I talked to Bibi to open the gate on the Israeli side.
00:00:16.760 Mr. President, for months when you were asked about your age, you would respond with the words, watch me.
00:00:24.000 Many American people have been watching and they have expressed concerns about your age.
00:00:28.920 That is your judgment. That is your judgment. That is not the judgment of the press.
00:00:34.380 They expressed concerns about your mental acuity. They say that you were too old.
00:00:38.360 Mr. President, in December, you told me that you believe there are many other Democrats who could defeat Donald Trump.
00:00:43.920 So why does it have to be you now? What is your answer to my question?
00:00:46.920 Because I'm the most qualified person in this country to be president of the United States and finish the job I started.
00:00:51.480 Do you believe that? I believe that's not.
00:00:54.840 The president, why are you refusing to say your names of world leaders?
00:00:58.300 Thank you, everyone.
00:00:59.620 Absolute rage at that point tonight.
00:01:02.340 There was one adverb in particular that has sort of that struck me, which is painfully, which the author of this report, presumably Mr.
00:01:09.420 Herr himself, uses the president was his memory was painfully bad or it was some of the tapes they heard were painfully slow.
00:01:17.100 The discussion was painfully slow. That's right. Painfully slow.
00:01:19.260 And I just thought, well, who's in pain? Like what that adverb is such a it's doing so much work editorially.
00:01:26.360 You're in pain because it takes too long. Like it's just very clear.
00:01:29.820 Just 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.
00:01:38.980 As a prosecutor, did Robert Herr and his team cross the line here?
00:01:42.220 The White House case is you already explicitly laid out in this report why you're not going to prosecute Biden.
00:01:48.000 It is unnecessary and over the top to list out all these things, why you think a jury would be sympathetic to him.
00:01:54.640 Well, part of that report was an outrage, was a disgrace.
00:02:00.440 I 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.
00:02:11.000 That 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.
00:02:26.520 And that will give us credibility. No, it never works.
00:02:30.220 James Comey trashed Hillary Clinton in very similar way when he when he said we're not going to pursue charges.
00:02:37.300 He then trashed her. What what her did is exactly the same thing.
00:02:42.440 He exonerated him. But with the other hand, raised these really unnecessary points.
00:02:49.140 That'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.
00:02:54.820 The issue in this investigation was criminal intent.
00:02:59.140 That's the difference between the Trump case and the Biden case.
00:03:02.940 But 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.
00:03:16.080 Donald Trump lied and obstructed, at least according to the indictment, extravagantly, endlessly.
00:03:23.180 That's what a prosecutor should be talking about. Not not Biden's elderly quality.
00:03:30.520 Joe and Mika, the president echoing the language in the report when he said, yes, I am a well-meaning and an elderly man.
00:03:36.320 But in a moment that should have been a vindication for him that there are no charges warranted against him.
00:03:42.320 And 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.
00:03:52.320 The gratuitous language about his mental acuity.
00:03:56.160 Well, 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.
00:04:11.220 The 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.
00:04:21.320 It's actually another. It's choosing Donald Trump without the 91 counts against him.
00:04:28.560 This is the primal scream of a dying regime.
00:04:36.160 Pray for our enemies because we're going medieval on these people.
00:04:41.300 You're just not got a free shot.
00:04:42.620 All these networks lying about the people.
00:04:45.620 The people have had a belly full of it.
00:04:47.520 I know you don't like hearing that.
00:04:48.940 I know you try to do everything in the world to stop that, but you're not going to stop it.
00:04:51.640 It's going to happen.
00:04:52.680 And where do people like that go to share the big line?
00:04:56.320 MAGA Media.
00:04:57.640 I wish in my soul, I wish that any of these people had a conscience.
00:05:03.080 Ask yourself, what is my task and what is my purpose?
00:05:06.860 If that answer is to save my country, this country will be saved.
00:05:13.140 War Room.
00:05:14.060 Here's your host, Stephen K. Band.
00:05:16.380 It's Friday, 9th February in the year of our Lord, 2024.
00:05:26.460 As I said last evening on the show, before we cut to the Tucker interview with Putin,
00:05:33.960 8th February, 2024, mark that down your calendar.
00:05:39.080 I think that is the day we broke the fever.
00:05:42.480 It is obviously the most significant day on combined forces that we've had since President
00:05:49.320 Trump's return from Mar-a-Lago for the restoration project to reclaim the White House with a legitimate
00:06:00.320 president, not an illegitimate regime.
00:06:03.160 And it's all starting to crater around them now.
00:06:05.200 President Trump, just absolutely relentless.
00:06:09.340 I've got, we got a lot to cover when we go through it, but I've got to start with this,
00:06:13.680 with the Department of Justice.
00:06:16.660 Let's be blunt.
00:06:18.380 This was an indictment.
00:06:20.640 And if the feckless, hapless Republican Party has one ounce of manhood left,
00:06:28.860 and most of that manhood has to be delivered now by people like Elise Stefanik and Marjorie Taylor Greene,
00:06:35.200 and Nancy Mace, and Lauren Boebert, which is kind of a disgrace, right?
00:06:40.580 You've got some great ones like Matt Rosendale, who a big announcement, I think, with Rosendale in a little while,
00:06:45.360 we're going to try to do it live here, and Matt Gaetz and others, but there's not enough.
00:06:49.360 And I mean action.
00:06:51.180 And this needs action.
00:06:52.240 So we've got so much else to get to, and we're going to get to it all,
00:06:54.760 and we're going to connect dots and make sure we make the linkages of why this was a turning point.
00:07:00.880 But we have not just a crisis on the country and an invasion on the southern border.
00:07:05.720 We now have a more central, and this is kind of a cancer, eating at the heart of this republic.
00:07:11.580 And it is, once you think it through, it makes sense, because it gets back to the steel,
00:07:17.060 the big steel in 2020, and why they had to do it, and the instruments they used for it.
00:07:22.360 Bill 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.
00:07:35.060 Bill was cabinet secretary in President Trump's first term under President Trump.
00:07:39.980 Bill, willfully, so first off, I tell you what, Bill, right before I bring you up, can I play,
00:07:46.100 do we have the clip that started at the first clip with the media?
00:07:49.400 Because this was, the Biden regime made a massive mistake last night.
00:07:54.960 This is how bad this report is.
00:07:56.400 They felt they needed to roll him out last night.
00:07:58.920 Let's go ahead and see.
00:08:00.060 I want to go ahead and just show you the media's reaction to this.
00:08:03.140 Let's go ahead and play that.
00:08:03.800 Mr. President, for months when you were asked about your age, you would respond with the words, watch me.
00:08:11.400 Many American people have been watching, and they have expressed concerns about your age.
00:08:16.340 That is your judgment.
00:08:17.820 That is your judgment.
00:08:19.760 That is not the judgment of the press.
00:08:21.840 They expressed concerns about your mental acuity.
00:08:24.120 They say that you are too old.
00:08:25.780 Mr. President, in December, you told me that you believe there are many other Democrats who could defeat Donald Trump.
00:08:31.360 So why does it have to be you now?
00:08:33.500 What is your answer to my question?
00:08:34.960 Because I'm the most qualified person in this country to be president of the United States and finish the job I started.
00:08:38.940 Mr. President, why are you excusing the names of world leaders?
00:08:45.760 Thank you, everyone.
00:08:49.180 Bill, when we talked yesterday, because you've always got the smartest insights, you said, Steve, this was an indictment.
00:08:55.940 Her new Garland would not indict him for the classified document, which he obviously should have.
00:09:01.360 But Her basically wrote a bill of indictment, and now it's the American people's responsibility to bring this home.
00:09:08.480 Walk me through your assessment of Her's investigation, this report, and Biden's—Biden and, of course, regime media's response, sir.
00:09:18.720 Yeah, 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.
00:09:29.180 He 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.
00:09:39.060 And 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.
00:09:49.380 They're throwing mud against the wall to see if something will stick.
00:09:52.860 This Her report is an indictment of President Biden.
00:09:56.920 It may not be a legal one, but it certainly is a political one.
00:10:01.520 And 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.
00:10:12.720 And 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.
00:10:25.980 And I think the word was painfully slow.
00:10:28.820 They were back in 2017.
00:10:30.720 That's not even 2023.
00:10:32.560 That's 2017.
00:10:33.760 And so what I think this really does is that it opens Pandora's box for President Biden, because, number one, the report is out there.
00:10:42.600 It speaks for itself.
00:10:43.800 It is issued by the president's Department of Justice.
00:10:47.560 And 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.
00:10:57.900 He's showing the pictures of the boxes that are falling apart, containing some of the nation's most sensitive documents.
00:11:05.540 And I think Biden, it just exposes Biden for what we all suspected.
00:11:09.940 And that is that he's really struggling with his memory and he's not really up to the job.
00:11:15.820 And 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.
00:11:27.640 Robert Herr basically gave them the document for them to point to so that now they can ask these questions, go after him on it.
00:11:33.740 On 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.
00:11:43.120 But the conclusion is he willfully, and I want to quote, he willfully retained and disclosed classified information.
00:11:50.840 That's a quote from the report, is it not, Brother McGinley?
00:11:56.280 Yes.
00:11:57.180 Yes.
00:11:57.780 Also, they also, yeah, go ahead.
00:12:00.180 Go ahead.
00:12:00.540 No, 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.
00:12:13.380 And so we see this time and time again with Democrats, because they're trying to heal the nation by not bringing the charges.
00:12:18.860 But when it comes to a Republican, it's full steam ahead.
00:12:21.680 And so I think it really feeds into the narrative.
00:12:23.480 President 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.
00:12:39.080 One 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?
00:12:59.580 Didn't he go back and actually erase some of the tapes that dealt with the classified information?
00:13:04.920 Yeah. 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.
00:13:13.160 So 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.
00:13:22.480 I think, you know, this, like you said, I think yesterday was a real turning point for the United States,
00:13:28.860 especially the American people who care about justice, who want lady justice to be blind and not partisan,
00:13:34.960 that this is going to be something that I think is going to continue to be a central issue in this election.
00:13:40.580 And 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.
00:13:48.420 But 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.
00:13:59.700 But when you look at what this report discloses, I mean, another thing that a lot of people haven't focused on,
00:14:05.120 at 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.
00:14:16.880 Nobody would ever believe that a former vice president would do that with such sensitive documents.
00:14:23.440 And therefore, we think that weighs in favor that the jury would be sympathetic to the president and not convict.
00:14:30.080 So 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.
00:14:41.860 And they said he was essentially a feeble old man and they would take pity on him.
00:14:47.420 Hang on for one second. We'll take a short commercial break.
00:14:49.660 We're going to return in the war room with Bill McGinley in a moment.
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00:16:23.160 Okay.
00:16:23.800 I haven't had a chance to put it up.
00:16:28.360 But I am going to put it up on Getter.
00:16:30.780 And Getter is the free app that you can follow me on and all of my thinking as we put up news stories of the day besides the word room.
00:16:36.600 But I am going to put it up.
00:16:40.520 And here's two things we want to do.
00:16:41.820 I just don't know if we're programming.
00:16:43.900 We're going to get Mike Davis and maybe one or two others, like a Bill McGinley.
00:16:47.120 What 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,
00:16:53.360 one, 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.
00:17:05.740 It was just mesmerizing.
00:17:07.700 We're going to take both hours of that and have a number of experts.
00:17:10.460 And what we're going to do is do a program.
00:17:11.820 We're going to break it down in its entirety and have people come in and analyze it.
00:17:17.360 And I think you'll find it very enriching.
00:17:19.400 I don't know when we're going to do this, but we're going to do it quickly.
00:17:22.060 And I will put that together.
00:17:23.120 In addition, Tucker's interview with Putin.
00:17:28.280 I mean, Putin gave a master class yesterday.
00:17:30.880 And look, he's a seriously bad guy.
00:17:33.560 I mean, KGB head and, you know, not to be trusted.
00:17:38.020 But he gave a master class in how world historical figures think and how they think about historical process.
00:17:46.040 He also went into a little bit Channel Dwarver on the dollar and on the use of the dollar as an economic weapon.
00:17:54.760 And, 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.
00:18:03.160 We'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.
00:18:09.860 So those are two things we're going to do.
00:18:11.160 Make sure you go to birchgold.com slash war room to get the end of the dollar empire.
00:18:17.420 When we do this Putin thing, or if you read the Putin transcript that Hoffman has up on Gateway Pundit right now,
00:18:24.280 you will see that this is what I've tried to put into the end of the dollar empire.
00:18:28.240 We're trying to give you the information, the same types of information, so you can get the same framework as world leaders.
00:18:35.700 Because 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. 0.97
00:18:44.100 The world changes big time.
00:18:45.900 That's what this whole show, that's the whole rationale for the show.
00:18:49.000 So I will commit to do that.
00:18:50.660 We're going to think it through.
00:18:51.460 But go to birchgold.com slash war room right now.
00:18:54.460 It's totally free.
00:18:55.360 The four installments of the end of the dollar empire.
00:18:57.480 I'm working on a fifth installment that we hope to get out before CPAC, which will be on the central bank digital currency.
00:19:04.480 Why 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?
00:19:16.960 Bill McGinley.
00:19:18.780 I agree with you, sir.
00:19:20.200 I think yesterday we crossed the Rubicon.
00:19:21.800 It 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.
00:19:34.180 I want to concentrate with you on remedies.
00:19:38.400 We essentially have a bill of indictment.
00:19:42.000 Her heroically did this.
00:19:44.040 And I think Garland realized he couldn't block that at DOJ.
00:19:49.520 Otherwise, they'd have a firestorm.
00:19:51.300 And Garland would be stuck in a very uncomfortable situation of actually indicting a sitting president for this.
00:20:00.220 To get around that, he allowed her to give this bill of indictment.
00:20:04.220 What 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?
00:20:22.220 I think, number one, you're exactly right.
00:20:24.480 And as we've discussed, this was a political indictment, not a legal one.
00:20:27.700 And that means that whatever the remedies are going to be are going to be down the political track.
00:20:32.400 So 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.
00:20:52.680 But is he not up to the job?
00:20:54.280 If 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?
00:21:08.040 I think that that standard is probably going to be applied now to the Biden cabinet.
00:21:12.480 And at every press availability that they have, they're going to be asked about the Hur report.
00:21:16.280 They'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.
00:21:38.200 Number 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.
00:22:05.280 Because this is an official government document that Mr. Hur put out that really kind of lays out a troubling situation.
00:22:13.680 Put aside partisan politics.
00:22:15.760 Put aside any sort of electoral advantage that you think you can gain from this.
00:22:19.800 Right now, the special counsel through the attorney general has put out a document that says we've got a serious problem at the top.
00:22:28.220 We 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.
00:22:36.920 And 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.
00:22:55.240 Plus, you have all the other typical national security issues that the president has to handle on a daily, if not nightly, basis.
00:23:02.900 And 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?
00:23:13.560 And I think that that is squarely within Mr. Comer's jurisdiction at the Oversight Committee.
00:23:19.080 Hang 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?
00:23:28.980 Her and other people associated with this investigation, they would be able to testify?
00:23:34.240 The investigation is concluded. He produced his report.
00:23:37.200 His whole report was nothing but an explanation about why they declined to prosecute the president or the biographer, the ghostwriter.
00:23:48.520 So I think that they're – I don't think.
00:23:50.800 I mean, remember, the report was submitted to White House counsel.
00:23:54.520 Was there anything in there where they would want to invoke executive privilege?
00:23:57.680 The 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.
00:24:08.020 They 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.
00:24:16.560 So 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.
00:24:23.440 Because 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?
00:24:34.900 This 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.
00:24:45.380 And I don't think it paints a very compelling picture of the United States right now.
00:24:50.380 Could you also begin as the third part?
00:24:53.160 Could you also begin immediately impeachment about his ability?
00:24:57.960 I mean, is there a possibility?
00:24:59.380 Because he's commander-in-chief and clearly can't perform his functions.
00:25:03.480 You 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.
00:25:10.580 Do you believe simultaneously you can also begin impeachment, at least an impeachment inquiry, into this very topic?
00:25:16.960 Yes.
00:25:17.260 I mean, they've already got an impeachment inquiry open.
00:25:19.500 I think it would not be a heavy lift for them to add this as well.
00:25:23.160 And 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.
00:25:34.280 I mean, this is something, this is a serious question.
00:25:36.540 There were multiple commentators across cable networks last night.
00:25:39.600 So this isn't just, you know, the MAGA or conservative wing of the Republican Party saying this.
00:25:45.480 I 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.
00:25:53.420 And 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.
00:26:06.020 Impeachment could be on the table depending upon the results of the her hearing and what evidence they can develop.
00:26:11.860 Well, 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.
00:26:19.060 But just in the time we have remaining here, you were cabinet secretary.
00:26:22.560 The process, the 25th Amendment, he's not removed immediately.
00:26:25.680 There is a process.
00:26:26.640 That process would be Vice President Kamala Harris really going through and talking to the cabinet members.
00:26:33.400 And doesn't the House of Representatives get involved here also, at least the Speaker of the House?
00:26:36.860 What's the process for invoking the 25th Amendment?
00:26:39.900 He's not removed immediately.
00:26:41.140 There's actually an inquiry period, is it not?
00:26:44.340 Yeah, I mean, there's a bit of an investigation, but basically it's a majority of the cabinet plus the Vice President.
00:26:50.120 And 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.
00:27:02.880 And so it's never been done.
00:27:04.380 I 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.
00:27:17.040 And so this would truly be a historic event.
00:27:20.660 But 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.
00:27:37.920 Because 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.
00:27:48.980 We need to understand that the Commander-in-Chief is able to handle this.
00:27:52.220 Bill, hang on for one second.
00:27:56.560 I want to talk about the monumental hearing yesterday at the Supreme Court.
00:28:00.920 How do we get up early and get jacked up?
00:28:03.200 Warpath Coffee, the dark roast, Mariner's Blend.
00:28:07.360 Go to warpath.coffee slash warroom slash warroom for your discount.
00:28:13.200 Short commercial break.
00:28:14.500 Bill McGinley on the other side.
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00:29:45.900 Here's your host, Stephen K.
00:29:48.180 Bannon.
00:29:50.880 Bill, give me your thoughts on this historic development yesterday at the Supreme Court.
00:29:57.700 Look, 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.
00:30:13.040 It 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.
00:30:19.960 I 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.
00:30:33.560 They really have no constitutional basis for it.
00:30:36.780 And I think they may do it on a couple of grounds.
00:30:39.140 Number 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.
00:30:49.740 But 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.
00:31:11.080 And I think, you know, one thing to really to focus on, I want everybody to go back and look at the transcript.
00:31:18.580 But 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.
00:31:33.220 This may ultimately be a decision not for the court, but for the Congress of the United States under the Electoral Count Act.
00:31:39.380 And so they raised the specter of that as well.
00:31:42.640 So 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.
00:31:56.620 I don't think this fight stops.
00:32:01.300 I'll get in later.
00:32:02.660 Jeff Clarkson follows here.
00:32:04.360 No, Jamie Raskin last night was on television, was on MSNBC.
00:32:08.340 Raskin said it's going to be for the new Congress.
00:32:10.180 Well, he says what the Supreme Court is going to determine is whether he can be on the ballot.
00:32:14.040 He said it's up to the new Congress to determine whether he can actually, is he an insurrectionist and actually serve?
00:32:19.980 He said on January 6th, that's where that will come down.
00:32:23.080 We'll drill into that.
00:32:24.400 Folks, they ain't going to ever give up.
00:32:26.620 OK, we had a red letter day yesterday.
00:32:29.400 They don't care if the Supreme Court's nine to nothing.
00:32:32.180 That's why the lawyer put it into the transcript.
00:32:36.380 Jamie 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.
00:32:44.000 That doesn't mean that he actually can hold the office and that will be determined by the new house.
00:32:51.080 Joy Ann Reed didn't quite pick up on that. 0.86
00:32:53.000 She thought it was Speaker Johnson.
00:32:54.140 He said the new house that would come in on January 3rd.
00:32:56.500 So, folks, just strap in, strap them high and strap them tight.
00:33:01.120 McGinley, what's your social media?
00:33:03.340 So on Getter, it's McGinley WJ.
00:33:05.700 And on Twitter, it's WJ McGinley.
00:33:10.420 Bill, thank you so much for taking the time.
00:33:12.360 I know you're busy this morning.
00:33:13.300 Thanks.
00:33:14.160 Great.
00:33:14.560 Thank you for having us.
00:33:17.460 What McGinley is saying is that this is beyond partisan politics.
00:33:20.500 This is a national security issue.
00:33:22.560 Remember, just before Christmas, you had Austin that was offline for at least a couple of days.
00:33:28.620 Even his own staff didn't know that.
00:33:30.920 And 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.
00:33:41.820 Austin would be the mechanic.
00:33:43.500 But Biden would be the although he's illegitimate usurper.
00:33:47.620 He has the power to order that.
00:33:49.200 And he's clearly not up to the task.
00:33:52.120 That's quite obvious.
00:33:53.080 Heard told you everything you need to know.
00:33:55.180 Congress, with a couple of hearings, you can get a lot more.
00:33:57.220 You've got to bring the biographer in.
00:33:59.280 I don't know why they're not indicted.
00:34:00.760 How did he erase tapes after they knew about this?
00:34:04.520 And who around Biden actually told him to do that or worked with him to do that or maybe implied that he should do that?
00:34:11.440 Do I have – is Jeff Clark ready?
00:34:13.560 Ready to go?
00:34:13.980 I tell you what, can I play the Gorsuch?
00:34:15.520 I want to play – I've got a short clip.
00:34:17.880 I want to show you the type of intensity he's there.
00:34:20.800 And this is the great Justice Gorsuch really field stripping the attorney for Colorado.
00:34:29.160 Let's hear this and then we'll get to Jeff Clark.
00:34:31.740 He speaks about disqualification from holding office.
00:34:35.120 You say he is disqualified from holding office from the moment it happens.
00:34:40.920 Correct, but nevertheless –
00:34:41.640 So it operates – you say there's no legislation necessary.
00:34:46.740 I thought that was the whole theory of your case.
00:34:49.200 And no procedure necessary.
00:34:50.400 It happens automatically.
00:34:52.520 Well, certainly you need a procedure in order to have any remedy to enforce the disqualification.
00:34:57.020 Which is different.
00:34:57.560 That's a whole separate question.
00:34:59.080 That's the de facto doctrine.
00:35:00.400 It doesn't work here.
00:35:01.220 Okay, put that aside.
00:35:02.900 He's disqualified from the moment.
00:35:06.160 Self-executing.
00:35:07.500 Done.
00:35:08.400 And I would think that a person who would receive a direction from that president, former president, in your view,
00:35:16.940 would be free to act as he or she wishes without regard to that individual.
00:35:21.940 I don't think so because I think, again, the de facto officer doctrine would nevertheless come into play to say this is –
00:35:27.460 No, 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.
00:35:36.720 Put that aside.
00:35:37.720 I'm not going to say it again.
00:35:38.700 Put it aside.
00:35:39.760 Okay?
00:35:40.020 I think Justice Lee does ask a very different question, a more pointed one, and a more difficult one for you, I understand.
00:35:46.120 But I think it deserves an answer.
00:35:48.140 On your theory, would anything compel a lower official to obey an order from, in your view, the former president?
00:35:58.560 I'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.
00:36:07.780 But nevertheless, they were put into that office.
00:36:09.020 No, no, we're talking about Section 3.
00:36:10.540 Please don't change the hypothetical, okay?
00:36:12.760 Please don't change the hypothetical.
00:36:14.300 I know I like doing it too, but please don't do it.
00:36:16.860 Okay?
00:36:17.020 Well, the point I'm trying to make is that –
00:36:18.460 He's disqualified from the moment he committed an insurrection.
00:36:21.860 Whoever it is, whichever party, that happens.
00:36:25.880 Boom.
00:36:27.100 It happened.
00:36:27.660 What would compel – and I'm not going to say it again, so just try and answer the question.
00:36:32.360 If you don't have an answer, fair enough.
00:36:33.640 We'll move on.
00:36:34.760 What would compel a lower official to obey an order from that individual?
00:36:39.480 Because ultimately we have statutes and rules.
00:36:45.000 Okay.
00:36:46.160 That 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.
00:36:55.540 Just magnificent.
00:36:56.320 Jeff 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.
00:37:03.200 It would be a great exercise for people.
00:37:06.620 Jeff, just yesterday, the lessons in history, the law, the Constitution.
00:37:10.880 Like I said, you know I'm not a lawyer.
00:37:12.700 I'm fascinated by all of it.
00:37:14.060 But to see some of the heavyweights there really going at it.
00:37:17.300 Give me your assessment of yesterday.
00:37:18.840 Sure.
00:37:20.180 So first let me comment on that Justice Gorsuch exchange.
00:37:24.920 One 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.
00:37:34.840 So Gorsuch did not give him any slack.
00:37:38.040 And I think actually he was probably pretty disappointed in his former law clerk in terms of those answers.
00:37:43.040 And look, what Gorsuch is getting at, based on a question that Alito asked, is that you can have a gap in the presidency, right?
00:37:53.700 Someone gets elected president.
00:37:57.060 They're in the chair, and some lower official says, hey, he's not the real president because he was disqualified under Section 3.
00:38:05.440 I can take that unto myself because he was disqualified immediately from the time he purportedly engaged in an insurrection.
00:38:13.860 And therefore, I don't have to obey his orders.
00:38:16.020 You just raised the issue of the nuclear chain of command.
00:38:19.420 What happens to the nuclear chain of command?
00:38:21.420 This is an intolerable situation, Steve.
00:38:24.640 That's what Gorsuch was getting at.
00:38:26.040 Your theory makes no sense because its outcome would lead to things that make no sense.
00:38:31.540 You 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.
00:38:41.500 And 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.
00:38:51.860 And 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.
00:39:00.080 And the tag team could not defeat Jonathan Mitchell.
00:39:04.540 He mopped the floor with him, Steve.
00:39:06.460 What is your overall assessment?
00:39:10.740 They're being criticized.
00:39:11.960 You know, an MSNBC is going nuts that they didn't really deal with, which is what they want.
00:39:16.220 Trump is an insurrectionist.
00:39:17.980 They're going nuts last night and this morning.
00:39:20.320 The after-action report, people should understand, the hot takes, they were stunned.
00:39:24.300 Neil Katia, Weissman, they were stunned right after it was over because of what a beatdown it was.
00:39:30.460 But 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.
00:39:37.000 They didn't get to the fact that you have to, that Trump is an insurrectionist and therefore cannot hold the office.
00:39:44.040 Your thoughts, sir?
00:39:45.720 Well, that's the issue they want, Steve.
00:39:47.440 And 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.
00:40:04.800 It starts with senator, goes to representative, and then there's a hierarchy on down.
00:40:10.120 But then, you know, the vast majority of our opinion before that is that Trump was an insurrectionist, right?
00:40:15.300 I think that actually may have been exactly where Justice Ketanji Brown-Jackson was going yesterday.
00:40:22.520 She 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.
00:40:35.200 But 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.
00:40:43.340 But I'm sorry, for whatever reason, the framers of the 14th Amendment decided not to put the president on the list.
00:40:50.080 My hands are tied.
00:40:51.420 But I did not see the other justices going in that direction, right?
00:40:55.700 Let's just give me one.
00:40:56.720 I'll give you one example of Justice Kavanaugh.
00:41:00.080 I mean, he asked the very straight-up question of, you know, how can you say that President Trump engaged in an insurrection?
00:41:07.080 He wasn't tried for it.
00:41:08.140 He's not been convicted of it, right?
00:41:09.920 So I don't think that the other eight justices, or other seven at least, you know, put Justice Sotomayor in her own category,
00:41:17.480 that 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.
00:41:27.760 And it's actually a situation, Steve, where it's an abundance of riches.
00:41:32.220 It's an embarrassment of riches, really.
00:41:33.840 There are so many ways for this case to be thrown out and for the Colorado Supreme Court to be rejected.
00:41:40.620 You know, it's hard to say exactly which one they're going to pick.
00:41:43.840 There were two that Jonathan Mitchell focused on yesterday that I did not see any real response from the other side.
00:41:51.900 Two, one is that there's a case called term limits where the Supreme Court said, Justice Kennedy writing,
00:42:00.360 that the Constitution sets the qualifications for office and the states cannot vary those.
00:42:07.980 And that that's what's happening here.
00:42:09.620 Colorado is varying the requirements for election because the 14th Amendment doesn't tell you what you need to do to run.
00:42:17.400 It only says that if you meet the criteria, and I don't think the President Trump here meets those criteria,
00:42:23.840 but even if you grant for sake of argument that he does, that then he cannot hold office.
00:42:30.320 And so Jonathan Mitchell argued, look, you have to sort of let the election play out.
00:42:35.380 If the president, if President Trump gets elected,
00:42:37.420 then Congress would get a chance to decide whether to lift that purported disqualification.
00:42:42.360 And none of that's ripe right now.
00:42:44.860 And so Colorado is varying the constitutional requirements of office for the presidency, and it can't do that.
00:42:51.760 And then, you know, the the other things that that he were arguing, we've talked about before,
00:42:58.000 like this is something, you know, under Griffin's case, where right after in the Reconstruction period,
00:43:05.220 former Chief Justice Salmon declared that the Section 3 of the 14th Amendment is not self-executing.
00:43:12.380 You need a statute.
00:43:13.580 Indeed, Congress enacted such a statute in 1870.
00:43:17.160 What's left of it is a criminal provision for engaging in insurrection against the United States.
00:43:22.680 But as Justice Kavanaugh pointed out, President Trump has not been indicted or convicted of that.
00:43:29.220 So however you look at it, this case is all wet.
00:43:32.020 Hang on for one second.
00:43:35.400 I just want to hold you through.
00:43:36.420 That was Salmon Chase, the former Secretary of Treasury under President Lincoln.
00:43:40.660 Later on the Supreme Court.
00:43:42.020 Short break.
00:43:42.580 Jeff Clark next.
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00:46:34.400 angst and the worry start to consume your life.
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00:46:49.100 Get the information.
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00:46:51.440 All of it.
00:46:52.060 Find out not just your rights, but also the process to sort this out.
00:46:55.520 All of these things can get sorted out.
00:46:57.920 Do not fret.
00:46:59.040 Be not afraid.
00:47:01.100 I think, as our Lord and Jesus Christ said one time earlier, right?
00:47:05.020 Be not afraid.
00:47:05.700 They're not, okay.
00:47:09.620 You have to say a huge day, inflection point, cross the Rubicon, all of this, and we're going
00:47:15.820 to drill down so much more on what's going on about these, but it's never over with these
00:47:20.380 people.
00:47:20.700 Just remember that.
00:47:21.660 They have control, and they're not going to give it up until we grab it, and they're still
00:47:27.380 going to fight you then.
00:47:28.220 Jamie Raskin on TV last night.
00:47:29.980 You got to, you know, God bless Jamie Raskin.
00:47:32.000 He's a fighter.
00:47:32.700 Like, Mark Elias is a fighter.
00:47:34.800 I mean, I can't stand what they're fighting for, but I certainly would like to have a
00:47:38.740 couple of those guys on my side, because they're relentless.
00:47:41.880 Jamie Raskin, so Clark, and this is why I love Clark, because Clark's a fighter.
00:47:45.380 He's relentless.
00:47:46.020 Although he may not be like me, yelling and screaming and banging on the table.
00:47:49.580 He comes out for more logical, lawyerly brilliance.
00:47:52.900 So, Clark, Jamie goes on last night.
00:47:55.320 Congressman Raskin goes on and says, hey, hey, hey, you know, it could be 9-0.
00:47:58.920 It could be 8-1, and I hear all these guys pontificating.
00:48:02.300 But don't worry, that just means he's eligible for the ballot.
00:48:05.400 It doesn't mean he's actually eligible to actually be president, and we will decide that
00:48:09.560 the new house will decide that on January 6th.
00:48:13.320 And Joy Ann Reed didn't catch it.
00:48:15.960 She thought it was the current house with, you know, Johnson.
00:48:19.600 She's kind of dismissed it.
00:48:20.960 It's the new house that will be elected in November that really takes its oath, I think,
00:48:25.260 on January 2nd or 3rd next year.
00:48:27.640 On the 6th, is Jamie Raskin correct?
00:48:30.620 Do we have another fight here coming on the 6th of January, particularly if, to some miracle,
00:48:36.440 they take the House of Representatives, sir?
00:48:38.900 Steve, the ironies here are delicious, and you're right.
00:48:44.420 They're absolutely relentless.
00:48:46.220 And where Jamie Raskin is coming from is, you know, his father was a communist.
00:48:50.820 The Heritage Foundation in the 80s did a whole report about his father's ties to Soviet communism,
00:48:56.160 and, you know, I think that's the tradition he comes out of it.
00:48:59.220 So let's appreciate the irony.
00:49:01.920 2017, January 6th, Jamie Raskin leads objections on the House, you know, on that process to
00:49:08.820 President Trump being seated, arguing that, you know, the election's been corrupted, right?
00:49:13.560 It was all fine then.
00:49:14.900 Somehow it's not fine for President Trump.
00:49:16.720 Now you come to 2020, President Trump starts talking about the powers of states to redesignate
00:49:23.140 their electors.
00:49:24.240 That's all an attempt to overrule the will of the people.
00:49:28.660 That's illegitimate, right?
00:49:30.660 And then we come to now, and first they launch an effort to say, hey, each individual state
00:49:36.540 can decide for itself whether to keep Trump off the ballot, which I think is a ridiculous
00:49:40.340 proposition.
00:49:41.200 And the chief justice yesterday thought that was ridiculous and thought it would just create
00:49:45.020 warring states against each other, disqualifying their preferred candidates on one side or the
00:49:50.580 other, which makes no sense.
00:49:52.160 But then, you know, they're going to come to their own January 6th.
00:49:54.760 And you're right, if they decide that, you know, they have the votes in the House, then
00:50:00.340 they'll say that President Trump is illegitimate.
00:50:02.400 They're the ultimate decider of that question, not the Supreme Court, because they're the ones
00:50:07.980 who decide how to count the Electoral College votes.
00:50:11.180 And even though they've amended the Electoral College Act to try to outlaw what President Trump
00:50:16.300 was talking about with John Eastman and that, you know, Harvard law professor Lawrence Lessig
00:50:21.120 had said was a valid way of approaching things in an Atlantic magazine article back then,
00:50:26.020 they're suddenly going to turn around 180 degrees.
00:50:28.420 It's like whiplash.
00:50:30.120 And they would they pivot from their Supreme Court strategy in this Colorado case to on
00:50:34.780 January 6th, 2025, saying, oh, sorry, President Trump can't be seated.
00:50:40.220 It's totally contrary to their whole theory that that there was no ability for Mike Pence
00:50:46.220 to decide how to proceed based on objections to the 2020 election.
00:50:51.280 And for the states to look at those questions, they're just they're tied around in knots.
00:50:55.460 The only unifying position that they have is that there cannot be Trump.
00:51:00.260 Right.
00:51:00.700 And they'll try to win however they can at the Supreme Court.
00:51:03.480 If they don't win there, they're going to try to win on January 6th, 2025.
00:51:07.100 They just won't stop.
00:51:09.960 That's the internal logic.
00:51:11.360 Remember this.
00:51:12.020 All the stuff you hear on cable TV and MSNBC and the Atlantic magazine, New York Times,
00:51:17.200 it's all just stop Trump.
00:51:19.460 I don't care if it's the Federal Reserve.
00:51:21.140 It's Jamie Raskin in the House.
00:51:22.900 It's what they're doing in Colorado.
00:51:25.040 It's the intellectuals on the Upper West Side at their cocktail parties in Georgetown.
00:51:31.180 It is stop Trump.
00:51:32.160 Why is it stop Trump?
00:51:33.100 Because you're this audience.
00:51:34.260 They do not want a populist nationalist movement to take over the apparatus of this government.
00:51:39.240 And they're going to fight you every step of the way.
00:51:41.760 And they're going to bring one day they're going to argue one thing.
00:51:43.740 The next day it's kind of like the Soviet Union. 0.66
00:51:45.600 Right.
00:51:45.820 This is all this is raw, pure fight for power.
00:51:49.720 It has nothing to do with justice, has nothing to do with equity.
00:51:54.180 It has nothing to do with our Constitution or what our republic has been or what our framers
00:51:59.180 or founders did.
00:51:59.920 Nothing.
00:52:01.600 Clark, once again, you're fantastic.
00:52:03.460 Can't wait to see your confirmation hearings, Attorney General.
00:52:05.820 I want the TV rights for that.
00:52:08.380 How do people get to you between now and then, sir?
00:52:11.320 Sure, Steve.
00:52:12.060 Just one quick last comment, which is, look, one of my favorite lines from 1984 is, you
00:52:16.920 know, you wake up one morning and we were always at war with East Asia, right? 0.92
00:52:20.620 Even though the prior day we were not at war with East Asia.
00:52:23.300 That's how communists work.
00:52:24.720 So I am at Jeff Clark U.S. on Getter and X and at Real Jeff Clark on Truth Social.
00:52:33.660 And the Center for Renewing America, which has filed a complaint against Jamie Raskin for
00:52:38.940 his ethical lapses, is at americarenewing.com, Steve.
00:52:44.660 Jeff Clark, every now and again, that Harvard College undergraduate, what liberal arts education
00:52:51.140 comes through.
00:52:51.700 Thank you very much, sir.
00:52:52.480 And thanks for the quote from 1984.
00:52:55.040 Thank you, Steve.
00:52:56.240 It's true.
00:52:57.340 It's 100% true.
00:52:59.240 One day you wake up and you're at war with these guys.
00:53:01.660 And the day before, they were your greatest allies, right?
00:53:04.120 That's communism.
00:53:05.080 OK, we're going to take a short commercial break.
00:53:08.820 Remember, Joe Allen, who I got a bump to the afternoon show.
00:53:11.180 I got so much going on.
00:53:12.760 Joe Allen's going to be here.
00:53:13.760 We're going to be talking about artificial intelligence and cyber.
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00:53:40.480 Short commercial break.
00:53:41.520 Back with Jim Rickards and the Worm in a moment.
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