Stephen K. Bambach and Mike Davis break down the Supreme Court's response to President Trump's request for broad presidential immunity in the case of the January 6th, 2020 case against President Trump and his former attorney general, Jack Smith.
00:01:07.000I'm getting different feedback from people that are listening to this.
00:01:10.000Mike, your assessment right now from what you've heard in the first hour.
00:01:13.000I think the Supreme Court is going to rule for President Trump very narrowly.
00:01:19.000It's not going to be a broad ruling like President Trump asked for in his briefs.
00:01:25.000It's going to be what we've been discussing on this program.
00:01:27.000I think the Supreme Court, it could be five to four, maybe six to three.
00:01:32.000I think Justice Amy Coney Barrett is on the fence.
00:01:35.000Maybe the chief, but I think it's going to be at least a five to four, maybe a six to three ruling.
00:01:40.000The Supreme Court is going to side with President Trump, that the former, the president, any president of the United States is immune from criminal prosecution for his official acts.
00:01:50.000They may do it through presidential immunity and or they may say that unless a federal criminal statute explicitly mentions the president of the United States, they're going to do what courts have done for the last 250 years and not.
00:02:05.000They're going to say that that statute does not apply to the president of the United States to avoid the constitutional question of presidential immunity.
00:02:13.000So either way, Trump is going to win. Trump is going to win very narrowly, five to four or six to three.
00:02:20.000This case will get remanded back to D.C. Obama judge Tanya Shutkin, where she's going to have to hold an evidentiary hearing on whether what President Trump allegedly did on January 6th was in his official capacity.
00:02:34.000Like, for example, contemplating firing his acting attorney general, which is clearly in his official capacity versus what is in his personal capacity.
00:02:43.000And it's going to between the Fisher case where two of these four criminal charges are almost certainly going to go away from under the obstruction theory that the Biden Justice Department used against January 6th defendants and President Trump, the bogus obstruction theory post interim statute.
00:02:58.700Two of the four charges against Trump will go away after that or largely go away after that.
00:03:03.820And after this presidential immunity case, I think we're going to have about 20 percent of Jack Smith's case remaining as we've predicted for many months now.
00:03:13.000Steve. Explain to the audience. What do you mean by narrow versus broad?
00:03:18.240Trump asked for broad. You say this is going to be narrow. Why are you saying that from what you've heard in the arguments?
00:03:23.280I'll get to the six, three, five, four in a minute. But just the narrow versus broad. What what drives you to that conclusion already?
00:03:30.940Well, it's just it's an it's a it's a safer place for the Supreme Court to be.
00:03:34.900They don't have to they don't they don't like to decide more than they need to decide.
00:03:38.680And that is that's just any federal judge does not want to decide more than they need to decide,
00:03:43.720especially when you're dealing with a novel legal issue, like whether a president of the United States is immune from criminal prosecution for their official acts.
00:03:52.520And I think you're going to have a very narrow holding here.
00:03:55.240And it's simply this, that the president, any president is immune from criminal prosecution for their official acts, not their personal acts, their official acts.
00:04:03.540The case gets remanded. And then Judge Tanya Shutkin, who stupidly held that the president has no immunity.
00:04:12.100You can just throw a president in jail for their official acts, which is just absurd.
00:04:17.220And then two Biden judges and a weak Bush 43 judge on the D.C.
00:04:21.640Circuit rubber stamp that because they're mindless and didn't think through the decision or maybe their Trump derangement fried their brain.
00:04:28.480But this is so much bigger than Donald Trump.
00:04:31.240This is about the presidency and the country.
00:04:33.460If you can throw a president in prison for his official acts, we're going to destroy our presidency and therefore our country.
00:04:42.240And I think that argument resonates very well with Chief Justice John Roberts and Justice Brett Kavanaugh.
00:04:51.180Why do you say that you think between 6-3 and 5-4, it's Amy Comey Barrett?
00:04:58.440Is it how she's prodding into the case?
00:05:00.860What, what leaves her as the swing factor, you think, from a 6-3 to a 5-4?
00:05:07.980She is a law professor and law professors, you know, sometimes they, they overthink things.
00:05:15.920And this is not something that you need to overthink.
00:05:18.800It's, we've had, we've had immunity for civil prosecution for presidents going back to the Nixon case 40 years ago.
00:05:25.200We've had immunity, both criminal and civil immunity for federal judges.
00:05:29.660We've had criminal and civil immunity for members of Congress.
00:05:33.100It's, for federal judges, it's not in the Constitution or in statute that they are immune from criminal prosecution.
00:05:40.040It's just, it's, it's, it is part of our separation of powers.
00:05:43.960Because if you can throw judges in prison for their official acts, you're going to destroy the judiciary.
00:05:49.820If you can throw members of Congress in prison for their official acts, you're going to destroy the legislative branch.
00:05:56.100If you can throw the president in prison for his official acts, you're going to destroy the presidency and you're going to destroy our country.
00:06:03.580And so I think that these law professors need to stop being eggheads and think about these things more logically and in context of the Constitution.
00:07:23.480And then you have an evidentiary hearing that, you know, it would at least, you know, with Shutkin, she might have it that day because she's a partisan hack.
00:07:32.120But if you had a fair process, it would take at least a few weeks, maybe a month.
00:07:39.300And then that ruling is immediately appealable again because you're dealing with presidential immunity.
00:07:43.680And so that would pause the proceedings again.
00:07:46.020This this case is not going to this case is President Trump's not going to get tried before the election.
00:07:52.380That's what's going to kill Weissman and these guys today.
00:07:54.940Last thing, you're the first one to really bring up this immunity a while ago.
00:07:59.680Why do you say just tell our audience, why is this the most important case at this court that's already heard in this session and last session?
00:08:10.200Why is this the most important one they'll ever hear?
00:08:13.680Well, and I think even the chief justice, John Roberts and Brett Kavanaugh, you know, not exactly Trump firebrands would understand that this is so much more important than this particular case.
00:08:26.860This is so much more important than Donald Trump.
00:08:40.020And that means, again, are we going to put President Obama in prison for capital murder for his extrajudicial drone strike on two American citizens, including a minor?
00:08:49.900Are we going to put Judge David Barron, his Obama's legal advisor at the time, in prison with him?
00:08:54.700How about Biden for his illegal mass parole of 10 million illegal immigrants into our country?
00:08:59.920Unvetted fighting age men who are committing these crimes across the country.
00:09:03.980Can we put Biden in prison for that or George W. Bush and Dick Cheney?
00:09:08.100Liz Cheney likes to run her mouth about Trump.
00:09:10.220Should we put old Dick Cheney in prison for lying about the weapons of mass destruction that led to the Iraq war and hundreds of thousands of deaths?
00:09:18.920I mean, there's no statute of limitations on murder.
00:09:22.000There's no statute of limitations on capital murder.
00:09:24.340Do we really want to go down this path as a country, Liz Cheney, Dick Cheney?
00:35:06.880You're one of the smartest investment bankers.
00:35:08.740You then went and dedicated your life to work in the inner cities to help in some of these Catholic schools.
00:35:14.960You and Tamney have written a book that even the cover, even the title will make people's heads blow up because the American dream,
00:35:22.640and I know you're a huge proponent of people getting a stake in the system, is to, as we say all the time, 90 percent of your net worth is tied up in your home.
00:35:33.780You actually, your title of your book is Bringing Adam Smith into the American Home, A Case Against Home Ownership.
00:35:43.360How would good old Adam Smith be against the American dream, sir?
00:35:48.120Well, Steve, it's mostly because, you know, whether you should invest in a house or not is the stuff we learned at Goldman Sachs.
00:35:55.560Like, it's a rent versus lease versus buy decision.
00:35:58.780There's not this 11th commandment that you ought to own a house.
00:36:02.200Is it better to invest in a house than the stock market?
00:36:05.200And I'm not saying no one should own a home, but the National Association of Realtors and HUD keeps hectoring people to buy a home,
00:36:11.800and it's not always in people's best interests.
00:36:13.860By the way, the National Association of Realtors, I mentioned to you, is the biggest cartel in the U.S., and I'm not even joking about that.
00:47:49.760We're in dormancy right now, Steve, until we win our loss against the cartel so we can get back to letting people move about the country for free or a lot less speed.
00:48:02.040OK, we're going to have you and Tamney on one time.
00:48:03.960We're going to walk through the math so people understand what Adam Smith is going to say.
00:49:57.940I've got to make sure with all the cyber attacks, all the artificial intelligence, everything going on, people need to protect their castle.
00:50:04.020We're still believers in the castle, regardless of Tamni and Ryan.
00:50:07.440But we are going to let them come back and work through the math.
00:50:09.360I know the audience is sitting there with a jaundiced eye on that one.
00:50:17.000We wanted to switch gears here a little bit because we've been talking a lot about the victims and the criminals and the different ways these losers are committing these crimes.
00:50:24.720But we haven't really touched on why it's becoming so easy to commit them.
00:50:28.720I hear on almost a daily basis and have even seen some comments from the posse in the comments saying, oh, county clerks should be liable.
00:50:36.640Why aren't they doing their job, et cetera?
00:50:38.400But the reality is they are, and that's kind of the scariest part of all.
00:50:42.900We actually got the former county clerk for the largest county in Oklahoma to speak with us for one of our commercials because the problem there has become so prolific.
00:51:43.280And then if you call the police to file a police report, they're going to tell you the same thing.
00:51:47.900Once the documents are accepted by the county, everything becomes a litigation issue that needs to be settled in court in front of a judge.
00:51:54.360And, Steve, this is where home title lock makes all the difference.
00:51:57.920We don't just monitor your property and send you alerts when changes are made, which is super important.
00:52:34.340We have a team on standby that's able to offer, excuse me, answer any of their questions as well.
00:52:39.760And, Steve, the best thing the Posse can do to protect their equity is to check on their title today.
00:52:45.220They can do it by going to our website, HomeTitleLock.com, using the promo code WARROOM.
00:52:49.640They can get their first 30 days of protection for free and a complimentary title scan so they know for sure that their title is still in their name.
00:52:57.160And what's cool about our 30-day offer is that they can sign up today, they can check us out, they can get their title scan, make sure everything looks good, and they can cancel at any time.
00:53:05.320Again, HomeTitleLock.com, promo code WARROOM, and thanks for having me on.
00:53:37.260That's why I want you to pick up a Jace case today.
00:53:40.420The Jace case is a pack of essential antibiotics that can treat a long list of common bacterial illnesses, including UTIs, respiratory and skin infections, plus much more.
00:53:51.920And each case can be customized for your specific needs with dozens of add-on options.
00:53:58.320Just fill out a simple online form, and Jace handles the rest.
00:54:02.340From the online evaluation to license, pharmacy, delivery, and ongoing care, visit JaceMedical.com and use code Bannon at checkout for an extra discount.
00:54:13.200That's promo code Bannon at Jace, J-A-S-E, JaceMedical.com.