Bannon's War Room - Episode 5123： Scalia And The History Of The Supreme Court; Time For Trump To Win The West Civil War

00:00:00.000 Trump's call to nationalize voting, and it reads in part, voter fraud happens and the price of

00:00:05.000 freedom is vigilance. But the idea that non-citizens are swaying national elections isn't

00:00:11.120 borne out by the evidence. There is no shortage of panic in the press after Mr. Trump's FBI

00:00:18.580 recently raided an election office in Fulton County, Georgia, seeking something, anything

00:00:25.660 to lend credence to his claims about the 2020 election. Yet that mischief won't save him in

00:00:33.600 November. MAGA mouthpiece Steve Bannon suggested that Mr. Trump have ice surround the polls and

00:00:41.500 call up the 82nd and 101st Airborne. Yeah, after Mr. Trump's political debacle in Minneapolis,

00:00:49.780 independent voters would love that. There are two things about Donald Trump we all should be

00:00:55.060 very, very firmly astute to. One, he's a liar. And two, he will steal the elections this November. 1.00

00:01:01.980 He's setting this in motion as we speak. I don't know how people, you know, kind of look at this,

00:01:09.380 but everything Donald Trump does, he tells you ahead of time he's going to do. So if we know that,

00:01:15.840 you know, there are going to be ICE agents at polling places, we know he's going to target the

00:01:20.420 15 states or the 15 jurisdictions that are predominantly democratically controlled,

00:01:25.200 a small capital D Democrats. And you know, and we know, we know that he's already bantied about the

00:01:32.160 idea of the Insurrection Act. What should we be doing as citizens right now to get ourselves ready

00:01:37.920 for what will not just be a long, hot summer, but a very difficult fall when it comes to elections in

00:01:44.400 this country? Well, I think that there's certainly an argument to be made that we've got to be

00:01:51.420 vigilant. We have to be on guard now. And I think when we try to game out what it is that Trump might

00:01:58.740 try to do, I'm much more worried about the back end of the election than the front end. I don't think

00:02:03.540 we're going to see ICE agents swarming polling places. I think you'd get massive public resistance.

00:02:08.480 I'm much more worried about when ballots are being tabulated. You know, we saw last week that

00:02:14.720 Trump's FBI in an unprecedented move went to Fulton County, Georgia and seized actual ballots that were

00:02:22.960 used in the 2020 election, supposedly for some kind of criminal investigation. You know, maybe that's

00:02:30.200 just to please Donald Trump's fantasies about having won Georgia in 2020. But I worry it's kind of a

00:02:36.220 test run for what he can get away with in 2026. If we have a very close congressional race,

00:02:42.640 is he going to say that there's a problem in how the election was run and try and go in

00:02:46.640 and have federal agencies ballots? So we've got to prepare for that right now.

00:02:50.640 Steve Bannon recently said, quote, we're going to have ICE around the polls come November.

00:02:55.880 Is that something that the president is considering?

00:02:58.240 That's not something I've ever heard the president consider.

00:03:00.260 No guarantee to the American public that ICE will not be around polling locations or voting

00:03:06.780 locations in November. I can't guarantee that an ICE agent won't be around a polling location in

00:03:14.120 November. I mean, that's frankly a very silly hypothetical question. But what I can tell you

00:03:18.940 is I haven't heard the president discuss any formal plans to put ICE outside of polling locations.

00:03:24.360 It's a disingenuous question. He's openly fretting about the possibility of Republicans losing the

00:03:29.580 midterms and a Democratic Congress impeaching him a third time. So he's demanding that Congress

00:03:36.120 nationalize the elections. And Republicans are taking a step in that direction through a piece

00:03:41.480 of legislation called the Save Act, which purports to solve the non-existent problem of non-citizens

00:03:48.580 voting in our elections by forcing voters to show documentation like a passport or a birth

00:03:53.260 certificate at the polling booth. In America, a country where you don't need to show your papers,

00:03:57.460 a passport or a birth certificate. We're soaked in lies. We're drowning in disinformation.

00:04:02.980 We're drowning in in real time. You can juxtapose what he says and then he'll deny it immediately.

00:04:08.760 And then it's that it's kind of it's joined with the history of the country. Right. Detroit,

00:04:16.600 Atlanta, Philly, massive corruption. Right. Because at the same time that they're that he's talking,

00:04:23.080 delegitimizing, he's also engaging in setting the stage for purging voter rolls, undermining the

00:04:31.020 ability of people of color to vote. So I think we need to see this as a five alarm fire and not just

00:04:37.340 simply try to deal with Donald Trump's inconsistencies. The man lies like he breathes.

00:04:41.600 So we need to understand what is really at stake here.

00:04:44.320 I think there's an optimistic story and a pessimistic story about Chelsea Gabbard being involved. The 0.85

00:04:48.880 optimistic story is they don't have anything for her to do. They don't trust her. She's not on board

00:04:53.480 when they're going into Venezuela or going into a bomb Iran or something like that. So they give her 0.99

00:04:59.340 voting fraud to as one of the things she should investigate and they'll keep her busy and she can

00:05:05.260 line up with the conspiracy theories that Donald Trump has put out there. And the reason they were

00:05:10.180 in Puerto Rico is because there's some conspiracy theory about a Venezuelan connection to the voting

00:05:15.440 machines. That's not going to go anywhere. The pessimistic story is much worse. It's that not only is it

00:05:21.680 going to be DHS and ICE and the FBI, but it's going to be the entire intelligence apparatus that's going to

00:05:29.620 be used to try to put doubt on the integrity of the election by claiming potentially foreign interference in

00:05:36.780 the election, by just making things up that can be a pretext for potentially trying to do the things we were

00:05:44.060 talking about earlier in terms of interfering with the counting of the ballots.

00:05:48.860 I think the focus between now and November should be on Republicans whose names are on the ballot

00:05:56.760 because I'm very curious, my fellow Republicans, do you subscribe to the idea of ICE agents being

00:06:03.620 at polling places? Do you subscribe to the idea that you as a Republican official should take control

00:06:10.060 of elections in another state, a state that you're not on the ballot in, a state you're not running in,

00:06:19.100 that the federal government, now could you imagine Barack Obama, Mr. Republican Senator or Republican

00:06:24.740 Congressman or Joe Biden, President Joe Biden in the 2024 election decided, you know what, I think we're going

00:06:31.980 to look at all the red states and we're going to make sure that we take control of the ballots in those red

00:06:38.920 states. Could you imagine, Mr. Republican, Senator or Congressman, what your response would be? Share that

00:06:47.380 with us because that's the response you should be having right now. And I think the more, Eddie, we put that

00:06:54.060 pressure out there to make Republicans because the president is acting in their name. He's the titular

00:07:00.000 head of our party. And the head of our party says, we're going to federalize, nationalize elections,

00:07:06.260 even though he then comes back and go, I didn't say national. No, you didn't say national. You just

00:07:10.600 said take control of what's the difference. You know, Mike, I hear you and I'm sitting here thinking,

00:07:18.100 well, in a reasonable world, that seems like that would work. But it also seems to suggest a faith

00:07:28.240 that you have yet to put aside, right? That is to say, your eyes have repeatedly seen these

00:07:35.440 Republicans behave in a way that they don't care about the hypocrisy. They don't care about the

00:07:40.860 contradiction. They're either fearful or they're just simply committed to holding on to power

00:07:46.800 by any means necessary. And so I'm sitting here, not as an expert about elections. I'm sitting

00:07:54.120 here trying to think about the moral rot that has put us in this place where the president of the

00:07:59.380 United States can lie repeatedly to us, can say that he's going to basically try to take over our

00:08:06.140 elections, right? And Republicans will sit back and nod and bend the knee and do whatever we want to do.

00:08:11.860 And we are kind of barreling our way to the midterms, trying to figure out what

00:08:16.700 we're going to do in the face of what we already see and what we see every single day. So I'm not

00:08:22.080 so sure, Mike, revealing the hypocrisy will actually get us out from under all of this BS that we're

00:08:28.000 drowning in. This is the primal scream of a dying regime. Pray for our enemies, because we're going

00:08:38.900 to medieval on these people. You're just not got a free shot at all these networks lying about the

00:08:45.380 people. The people have had a belly full of it. I know you don't like hearing that. I know you've

00:08:49.440 tried to do everything in the world to stop that, but you're not going to stop it. It's going to happen.

00:08:52.760 And where do people like that go to share the big line? MAGA Media. I wish in my soul, I wish

00:08:59.960 that any of these people had a conscience. Ask yourself, what is my task and what is my purpose?

00:09:06.600 If that answer is to save my country, this country will be saved.

00:09:13.200 War Room. Here's your host, Stephen K. Bannon.

00:09:16.520 It's Friday, 6th February in the year of the Lord, 2026. I want to thank my own production team

00:09:28.060 here at the War Room and, of course, the Real America's Voice guys in Denver for putting together

00:09:31.700 a magnificent cold open. Now I know why some of my staff continually walks around depressed,

00:09:37.080 because they've got to curate MSNBC and CNN. And I want to thank Paul Gijo and the editorial board

00:09:44.260 at the Wall Street Journal for formally naming me MAGA Mouthpiece. Thanks, Paul. Normally your

00:09:50.400 editorials kind of hit us the wrong way, but that was quite interesting this morning.

00:09:55.480 From the ridiculous to the sublime, we've got a lot to go through, but I want to start with

00:09:59.620 something that's a seminal moment in the MAGA movement and the conservative movement. James Rosen

00:10:05.360 joins us right out of the box. James, Associate Justice Scalia, a giant of the 20th and 21st century

00:10:14.920 on the Supreme Court. Your magisterial first volume, Rise to Greatness, his, I think, three-part

00:10:21.600 biography. You're coming out with the second part next week, and we want to give everybody a heads

00:10:26.940 up to get on top of this book, ASAP. You've got the Supreme Court years, volume two, at least the

00:10:32.740 first part of the Supreme Court. I think it takes up to 2001. Why is Scalia important enough, James,

00:10:38.840 given you're one of the top reporters in town, that it appears in reading the book and looking

00:10:44.760 at the research, every waking moment of any time you have left over from reporting is spent

00:10:50.560 working on this book. Why would you do that? Why is Scalia so important that you would dedicate

00:10:55.400 basically your life to this? That's weird, Steve, because your question echoes one that is

00:11:00.780 persistently asked by Mrs. Rosen. But first, I just want to say I'm grateful to be with you,

00:11:07.180 long-time listener, first-time caller, as it were. And I'm joining you from my office at Newsmax,

00:11:12.580 where I am the chief Washington correspondent and feel very privileged to work. And yes,

00:11:18.380 this book is out this coming Tuesday. It's called Scalia, Supreme Court Years 1986 to 2001.

00:11:24.520 It covers the first half of Justice Scalia's nearly 30 terms on the Supreme Court. And as you mentioned,

00:11:31.240 the first book came out about three years ago, published by Regnery Skyhorse. That was called

00:11:36.500 Scalia, Rise to Greatness, 1936 to 1986. There were two previous biographies of Scalia, one he

00:11:43.200 cooperated with, one not at all. They both came out while he was alive. And both books ended in the

00:11:49.120 same place, Steve, which is to say openly hostile toward Justice Scalia's personality, conduct,

00:11:54.980 philosophy, and jurisprudence and his legacy. So this is the first admiring biography, or as I like

00:12:00.540 to say it, it's the first biography of Antonin Scalia written by someone who has his head screwed on

00:12:05.360 straight. That first volume took you up until the moment he sat down on the Supreme Court. And he had a

00:12:10.540 fascinating career before he even became a judge, working under Presidents Nixon, Ford,

00:12:15.520 and then being nominated by President Reagan to the appellate bench and then the Supreme Court.

00:12:20.780 This new book, Out Tuesday, Scalia, Supreme Court Years 1986 to 2001, covers his first day as a justice

00:12:28.720 all the way up through the national trauma of Bush v. Gore. Bracing it was, Steve, for this reporter to

00:12:34.820 realize that there sits today on the Supreme Court only one justice who sat on Bush v. Gore, and that is

00:12:40.300 Clarence Thomas, who was interviewed for this project. But you asked, why is it important?

00:12:45.520 And I'm really glad you asked. Antonin Scalia is not just one of the most important Supreme Court

00:12:50.600 justices in history. He's one of the most important Americans of the last hundred years. And it's

00:12:56.320 because of the philosophy he brought to the business of being a judge. When Scalia came along as a federal

00:13:03.020 judge in the early 80s, and then rose to the Supreme Court in 1986, confirmed by the United States

00:13:08.960 Senate 98 to nothing, which always bothered him, by the way. Well into the 21st century,

00:13:14.100 Scalia would be saying, let's just call it 100. He was ticked off that two senators didn't vote.

00:13:20.060 But in any case, when he came along, there prevailed in America, and particularly in the law,

00:13:25.880 this notion of a living constitution. This is still taught to schoolchildren every day.

00:13:31.680 And the living constitution idea, which is subscribed to by liberals on the Supreme Court,

00:13:38.320 the living constitution holds that the document, the constitution itself, and indeed every law that's

00:13:44.220 been enacted ever since the constitution, should be interpreted by judges, which is their central

00:13:49.040 business of interpreting the laws, telling us what the law means, in a way that allows the judge to

00:13:53.920 expand the meaning of the constitution, of a given clause, or any law, to in effect, alter the meaning,

00:14:01.820 to modify the meaning, to graft their latter-day policy preferences onto the existing law.

00:14:07.980 And the idea behind it is that this constitution should expand to cover phenomena that the founders

00:14:13.320 never could have envisioned, such as nuclear weapons or the internet. Scalia's answer to,

00:14:18.860 Scalia stood athwart all of that. And Scalia believed in something called originalism.

00:14:24.440 And his idea was that he didn't care what the intent behind the constitution was, or the

00:14:30.040 lawmakers' intent behind a given law was. Their intent is embodied in the text that they voted up

00:14:35.860 or down. And if they voted it up and a president signed it into law, that's the intent. The first

00:14:40.620 place we should be looking in order to interpret a law is its text. And that text carries a meaning,

00:14:46.000 and not a meaning changed by latter-day judges, but the original meaning it was widely understood

00:14:51.220 to have at the time. It wasn't happening. James, James, hang on one second. We'll take a short commercial

00:14:55.040 break. Textualism, originalism, next, with James Rosen.

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00:16:22.460 Here's your host, Stephen K. Bannon.

00:16:26.140 Okay, welcome back. I'd want to spend an hour with James today, given the seriousness of this book

00:16:31.620 and the topic. And I want to thank Newsmax for cutting loose and letting me have a little bit

00:16:36.600 of time. We're going to have him back on Tuesday. He's got an amazing piece coming out this weekend

00:16:40.860 in the New York Times about law for Richard Nixon, all of the topics we've talked about.

00:16:46.380 But the demands of Newsmax today, we've only got James for a half hour. I want to thank the Newsmax

00:16:52.540 team for doing that fantastic work. We love you guys over there.

00:16:55.100 Um, it's, look, I'm going to come back to originalism, textualism, things we want to get

00:17:00.920 into today. Here's, the book is so, and to know that they had another guy that actually had

00:17:08.100 cooperation, the book is so well-researched. But as you know, the Warren Posse, we have huge readers

00:17:14.940 on his. We did the, you know, we sent the Buckley book of Sam Tenhouse to two or three, uh, new,

00:17:20.040 uh, printings. Uh, we're readers and it's beautifully written. How do you find the time?

00:17:26.120 Your, your chief Washington correspondent for Newsmax, which is, you know, in a dogfight with

00:17:31.020 Fox every day for ratings and for breaking news. Uh, how do you actually find the time to do the

00:17:37.180 research and to take the time it takes just to make sure this thing is so beautifully written,

00:17:42.160 James? Well, you're very kind, Steve. Thank you. The short answer is I steal the time from my family.

00:17:48.160 Uh, and, uh, in the acknowledgement section to this book, I apologize to my wife and two sons for how

00:17:53.680 much time this project has, has required me to be away from them. Uh, I never intended, it was never

00:17:59.640 intended to be a three volume book. It was intended to be a concise biography, believe it or not. But

00:18:03.640 as you could tell from our first segment, Steve, I don't do anything concisely. Um, I did want to

00:18:08.220 finish, uh, the discussion we were having before the break about why Scalia is such an important

00:18:12.440 his, uh, American in the history of this country. It's because he persuaded, uh, through mostly

00:18:20.000 through dissents, but really through his brilliant writing, his genius, his affability, his literary

00:18:25.720 gifts, his, his charm, his, his use of language. He, and mostly in dissent, he wasn't always, he wasn't

00:18:32.100 frequently on the winning sides of cases, but he changed the way we draft the law, we argue the law,

00:18:39.300 and judges and justices decide the law. When he came along, people were talking about the living

00:18:44.940 constitution and how we need to expand its meaning, uh, to account for new phenomena and how we need

00:18:50.160 to look to the intent behind the law, not just the text of the law. We need to know what they meant.

00:18:54.680 So we should look back at floor speeches on the house and Senate floor, and we should look at

00:18:58.540 committee reports. Scalia said no to all of that. Nobody voted on a floor speech. Nobody voted on a

00:19:03.720 committee report. They voted on the text of a law and that text doesn't change and its meaning doesn't

00:19:08.640 change. By the time Scalia, uh, died, uh, in his 30th term on the court, and we're coming up on the

00:19:15.760 10th anniversary, February 13, since Antonin Scalia left us, no less a figure than Justice Elena Kagan, an

00:19:22.260 appointee of President Obama, pronounced, because of the Scalia revolution in the law, we are all

00:19:29.340 originalists now. What was it? Was it in his opinions? Was it in his lectures? Because originalism and

00:19:36.760 textualism, that was a long struggle. What was it that drove that point home? Was it made someone like

00:19:42.580 Kagan, who had been Solicitor General, and from, I think, Dean at Yale Law School, or one of the powers at

00:19:47.920 Yale Law School, what was it specifically over time that drove even the most liberal, uh, jurists, uh, and lawyers to this

00:19:56.460 point? It was the clarity of the philosophy itself, the idea that the words have meaning and that meaning

00:20:04.120 doesn't change just because some judge decided the meaning should change. Uh, so that was very

00:20:09.460 attractive. Uh, and of course, Scalia helped found the Federalist Society, which grew enormously over 0.57

00:20:15.420 time, uh, and popularized the idea of originalism. You mentioned textualism. It's important that people

00:20:21.720 understand what these concepts are. As I explain in these books, uh, textualism is kind of the metal

00:20:27.260 detector that is used to divine the original meaning of the text. Uh, and so you pay close

00:20:35.480 attention to text. If the text is ambiguous, and many laws have, have clauses and sentences that,

00:20:40.880 that are ambiguous, that leave us scratching our heads as to what they mean, then Scalia decided that

00:20:45.940 the next feature of originalism to divine the original meaning of a law, uh, would be that you

00:20:51.520 would have to, uh, look at historical traditions and to look at, um, whether there is a long tradition

00:20:58.440 on behalf of something, even if the law is ambiguous. That was his argument against abortion,

00:21:02.960 and Professor Scalia was arguing against Roe v. Wade as early, uh, as the 1970s on PBS. Um, and in

00:21:10.820 essence, there was no, there was nothing in the Constitution that mentioned abortion, and there was no

00:21:15.180 historical tradition that protected abortion. Quite the contrary. I interviewed Justice Alito

00:21:20.300 for this project, and in addition to the New York Times story that you mentioned, uh, next week in

00:21:25.800 Politico, I'm going to have an op-ed that, uh, is based off the interview I did with Justice Alito

00:21:30.360 in Chambers. We talked about the Dobbs opinion, which of course overturned Roe v. Wade, and I asked him,

00:21:36.020 is there a direct line from the writings and speeches of Antonin Scalia in the 70s and 80s

00:21:41.200 to Dobbs? And he said, absolutely, there is. So, uh, Scalia's impact is still with us in a very big

00:21:47.260 way. Uh, and again, it was his magnetic personality. It was his genius with words. Uh, it was his humor.

00:21:55.800 It was his constant evangelism on and off the bench that swayed a whole generations of lawyers away from

00:22:02.980 the living Constitution construct from the Warren court era and over towards an original meaning

00:22:08.280 construct, which is more rooted in the Reagan era. How did, how did we get, part of this is the first

00:22:14.840 book, and I strongly recommend, particularly if you have young people in your life that are thinking

00:22:19.480 of careers in law or thinking of careers and somehow they want to get some sort of, at least even if

00:22:24.040 they're getting undergraduate education, want to get, uh, some legal background. This book is, uh,

00:22:29.140 inspiration for anybody and, and particularly Scalia's not just rise to greatness, but how he, uh,

00:22:35.100 had such a massive impact on American life. So not just for yourself, this book is a great gift

00:22:40.920 for young people and it, it's a page turner. So you're going to love it. How did, given the disasters

00:22:46.400 we had, the suitors, and I even think Sandra Day O'Connor, when I say picked by Republicans that 0.74

00:22:51.500 became quite moderates or liberals on the bench, how was Scalia selected and how did he possibly go 98 to

00:22:58.900 nothing? If you had Scalia today, brother, we would have a firefight on, you know, given his Catholicism,

00:23:05.560 given his traditional Catholicism, given everything, it would be a firefight. How did he get selected? And

00:23:11.260 how did he, given all the bad choices that had come around him, and how did he get, how did he get a

00:23:17.960 nominated, confirmed 98 to nothing?

00:23:21.440 When President Reagan nominated Antonin Scalia to the Supreme Court in June 1986, Scalia had spent four years,

00:23:28.900 having been previously nominated by President Reagan on the DC circuit. That's the Court of Appeals for

00:23:33.660 the District of Columbia circuit. It's the Court of Appeals that's one rung below the Supreme Court.

00:23:38.940 And the DC circuit is, is often described as the second most powerful court in the United States

00:23:43.840 because his, its work so frequently shapes the output of the Supreme Court, but also so many

00:23:50.060 justices are plucked from the ranks of the DC circuit. Uh, at one time, uh, on the DC circuit,

00:23:56.140 what a murderer's row of judicial talent we had from Ruth Bader Ginsburg to Antonin Scalia to Robert

00:24:01.840 Bork to, uh, Kenneth Starr to, uh, James Buckley, uh, Larry Silberman, truly an extraordinary array of

00:24:10.180 judicial talent. Um, and so when, uh, the vacancy arose in 1986, because the chief justice since 1969,

00:24:18.180 Warren Berger retired, uh, President Reagan was very adamant that the only types of people who would be

00:24:24.360 able to demonstrate that they shared his judicial philosophy of original meaning, uh, moving away

00:24:30.460 from the living constitution expansionist role for judges, um, would be if they had been judges already

00:24:36.460 on the appellate bench, because they would have a track record as opposed to mere writings, uh, which

00:24:41.380 could be moved away from, different from a judicial opinion. So, um, he chose William Rehnquist, who had been

00:24:47.560 an associate justice on the court nominated by President Nixon, uh, seated since 1972 to elevate

00:24:53.180 him to the chief justice ship. Rehnquist for many years was the only conservative on the court.

00:24:58.780 He issued so many lone solo dissents that his clerks once gave him a lone ranger doll. Uh, so it was seen

00:25:05.420 as a kind of a reward for all those lonely years of service in the 60s, in the 70s and 80s. Uh, and then

00:25:11.200 they had to decide who were they going to try and nominate for, uh, the vacancy created by elevating

00:25:16.180 Rehnquist. And it came down to Bork and Scalia. And the first book, Rise to Greatness, really,

00:25:21.200 uh, delves deeply into that friendship between these two brilliant men, uh, that friendship

00:25:26.720 effectively destroyed by the competition between them and by Scalia's elevation in 1986. We know

00:25:33.020 what happened to Bork when he went up a year later. Um, and you asked, how did Scalia get confirmed

00:25:39.220 98 to nothing? Chiefly because of the distracting figure of William Rehnquist, having been the lone

00:25:45.000 conservative on the, on the court for so long, the Senate Democrats who claimed control of the

00:25:49.900 Senate in 1986 in the fall election. So it was controlled by the Republicans when, when Rehnquist

00:25:56.320 and Scalia went up, uh, nonetheless, they were out for bear with Rehnquist. They hated his opinions

00:26:01.940 for the last 15 years. He was ultimately confirmed after a very ugly process, 65 to 33. And as Justice

00:26:09.180 Alito told me recently, gosh, if, if a confirmed nominee got 33 votes, you'd call that and it went

00:26:15.720 65, 33, that'd be a landslide. That would be bipartisan. In 1986, 33 was the highest number

00:26:21.240 ever recorded for a confirmed nominee. And so Rehnquist in what they called the Rehnquisition

00:26:26.020 took all the fire. Scalia with his charm, uh, sailed through 98 to nothing.

00:26:32.120 James, where do people, I want everybody to pile in on this book over the weekend. It's released,

00:26:36.820 uh, at public publishing date is Tuesday. We're going to have you back on huge piece in the New

00:26:40.900 York times. Where do people go to the site to get the book, where they find out more about you,

00:26:45.560 what's your social media, how they get all your hits over at Newsmax.

00:26:50.680 So you can watch me on Newsmax or Newsmax to our streaming service known as N2. You can find me on

00:26:56.500 X at at James Rosen TV. That's at James Rosen TV. The book Scalia Supreme Court years, 1986 to 2001

00:27:04.200 coming out Tuesday. Want to emphasize it's written for all readers, not just for lawyers. And

00:27:08.680 frequently it's hilarious as in my lunches with, uh, justice Scalia, where we broke bread and wine

00:27:14.880 and he overruled my lunch order. Um, this can be ordered on Amazon and anywhere books are sold.

00:27:20.720 Steve mentioned my coming New York times piece that Sunday morning. It's the secret history of

00:27:25.160 the deep state. It exposes some newly declassified evidence about deep state activity against Richard

00:27:31.260 Nixon. And it makes the parallels with today's scene as well. No, it's magnificent. Look forward

00:27:37.340 to see you back here on Tuesday. You want to thank Newsmax, because I know you're busy chief

00:27:41.540 Washington correspondent for Newsmax, James Rosen. This book is magisterial. I could not recommend

00:27:48.760 a book more. We'll be talking about it throughout the morning and tomorrow morning on Saturday. I'm

00:27:53.180 going to break down part of it. James Rosen, we'll see you on Tuesday. Thank you, sir. Appreciate you.

00:27:56.780 Folks, I got to tell you that the effort to write something like this when you've got a full-time

00:28:03.860 job is just unbelievable. Anyway, short commercial break back in the war room in a moment.

00:28:09.160 Do you owe back taxes or you haven't filed your taxes in years? Now is the time to resolve your tax

00:28:27.580 matters. With the national conversation around abolishing the income tax, the IRS is fighting

00:28:34.140 back and proving it's here to stay by becoming more aggressive than ever before. They're sending

00:28:40.080 out more collection notices, filing more tax liens, and collecting billions more in recent years.

00:28:47.100 If you owe, the IRS can garnish your wages, levy your bank accounts, seize your retirement, and even

00:28:54.600 your home. If you owe or haven't filed, it's not a question of if the IRS will act. It's a question of

00:29:02.380 when it will act. Right now, Tax Network USA is offering a completely free IRS research and discovery

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00:29:27.860 waives your rights and costs you more money. They are not, and let me repeat, the IRS is not on your

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00:29:41.920 once and for all today. Call 1-800-958-1000. That's 1-800-958-1000 or visit TNUSA.com slash Bannon

00:29:55.400 for your free discovery call with Tax Network USA. Let me repeat, 800-958-1000. Tell them Bannon

00:30:03.700 sent you. Don't let the IRS be the first to act. Take advantage of first mover advantage. You move.

00:30:13.760 Here's your host, Stephen K. Bannon. Okay, if Grace and Moe and Elizabeth, if we can be forced

00:30:20.400 multiplies, we'll get you a clip of this. Here's the reason. We have giants in our movement, people

00:30:26.760 that have changed the direction of American history. On the Supreme Court now, we're very fortunate

00:30:31.940 to have two, Associate Justice Thomas, and of course, well, not two now, but Anton and Scalia.

00:30:39.740 He is a giant. The other biographies of him have been obviously not up to par. The first volume of

00:30:47.900 James, three volume, Scalia, the rise to greatness. And this volume starts at the very first day he

00:30:56.860 takes his seat in the Supreme Court and goes all the way to the hotly contested 2000 election of

00:31:03.840 Bush versus Gore in the decisions that were made there. So you will absolutely love this book and

00:31:12.180 you'll learn a lot, learn a lot. This is why the Buckley book was so important. This is why this book

00:31:15.880 is so important. You not just get a feeling for them. It's just not a biography. It's the type of

00:31:21.160 biographies I love where you actually get a sense of the times that the man or the woman lived in and

00:31:26.960 very, very powerful. And just to know Rosen, who's an incredibly busy guy, when you're chief

00:31:32.520 White House or chief Washington correspondent now for an operation like Newsmax that's covering

00:31:38.080 Washington, D.C. so intensely, right, to have the time to research and to have the time to write and

00:31:44.800 to take your time and to write beautifully is, to me, is extraordinary. So Scalia, the White House

00:31:50.820 years, I think, 86 or 87 to 2001, it's the first part of his time of the Supreme Court, and you will

00:31:57.960 learn a lot of this. We'll also learn, Sheila Matthews, we're learning from you every day. So

00:32:05.640 it's interesting. I tried to get a cold open for Sheila Matthews. Folks, one of your favorites and

00:32:11.780 one of our biggest contributors in the years in the wilderness, in fact, he started coming on the show

00:32:16.820 the first week that President Trump was sent to the wilderness in 2021, right, that first week,

00:32:24.820 it was a Russ vote, and then Russ formed CRA, and we were big sponsors of CRA, all do their conferences

00:32:31.120 and always talk, and just magnificent. Of course, so many of the people from CRA went into the government,

00:32:37.460 particularly in the OMB. They got a great team over there now as the second wave of doing magnificent

00:32:43.640 work. But Russ vote, there was an assassination attempt on Russ vote. A guy went to his house

00:32:49.800 with a gun, and I guess neighbors called, and the police eventually came, and he's arrested.

00:32:55.720 But he's got a commonality. When I read this, I reached out to the one and only Sheila Matthews.

00:33:00.400 Sheila, and I want to continue to drive this because you are almost like a voice in the wilderness,

00:33:06.740 but the dots all connect. Tell me about this guy and what connects him to like Butler. This is a

00:33:12.500 problem. This is not a problem. This is a crisis. It's a crisis about how these, the radical Democrats

00:33:19.380 and this cultural radicalness of these people obviously is trying to change the culture, but

00:33:27.640 they're also trying to destroy, I think, young men. Walk me through. And by the way, I could,

00:33:32.580 we could not find a clip. I don't think anybody's covered this today actually on television. We

00:33:37.720 haven't been, we're trying to be as thorough as possible, but we couldn't find a good clip to use

00:33:41.600 it. There's a couple of newspaper articles, but they're buried back in the, in the tirades. The

00:33:45.940 director of Office of Management and Budget, and one of the two or three most important people in

00:33:50.380 this administration, an assassination attempt at his home. And now the guy's locked up and being

00:33:56.700 charged. But why is this connect directly to Butler, ma'am?

00:33:59.760 Well, because Colin DeMarco from Maryland, the man who went to Russ's house, was treated. He was

00:34:11.580 in a psychiatric facility and he was diagnosed. And so we don't know who treated him, what meds he was

00:34:20.020 on. And that's the common issue here. Like Butler in Daily Mail this morning is J.D. Vance making these

00:34:27.260 comments regarding not knowing the motive of the alleged would-be assassin, Thomas Crooks. His

00:34:36.440 parents were behavioral health experts. How did they miss that he was building a bomb in his bedroom

00:34:43.080 next door? Why can we not question him? When now next week, we're going to have a case in front of

00:34:49.940 Georgia, where a 14-year-old boy killed four people, injured 11 in the state of Georgia, 14 years old.

00:34:59.320 He's going to make a plea deal and they're going to charge the father for giving him access to weapons.

00:35:05.860 Who gave him access to the mental health diagnosis and the drugs? What do his mental health records show?

00:35:15.260 So the commonality here is we have a billion-dollar industry that is feeding off our children and

00:35:22.240 pumping them filled with mind-altering drugs. And we cannot get behind the scenes there. We can't get

00:35:29.920 to the treating psychiatrists. Who are these treating psychiatrists? Okay, hang on. But hang on. But hang on.

00:35:35.700 Hang on. Hang on. Hang on. Hang on. I know the theory of the case and it hangs together. It's a

00:35:40.440 multi-billion-dollar industry. Why can't we? We've done it now. You see in the transgender 1.00

00:35:45.080 ideology, we're getting to just have the $2 million court ruling. The people, the Terry

00:35:50.580 Shillings, those guys against the transgender radical ideology have used a sharp enough stick

00:35:56.540 to puncture and get through it. What do we need to do? Because this is outrageous. And you see these

00:36:01.080 shootings happen all the time. You never get to who the doctors were, what they prescribe, what the drugs

00:36:05.160 are, what the big pharma is making on this. Is their cartel cabal that strong that we can't

00:36:13.720 push through this, ma'am? Well, the transgender issue falls under psychiatry. So I would say that 0.98

00:36:21.480 is the umbrella that we need to go after. And the state and federal government is in bed with this

00:36:28.040 industry. So that's why we can't get access to the treating psychiatrists. They're training

00:36:33.800 the FBI agents. They're training our teachers. So it is a big issue here. And the bottom line is we

00:36:41.240 need the mental health records. And we shouldn't be assuming that the motive is not traceable. It is.

00:36:49.320 It is to, if we're concerned about the guns, we should be more concerned about what led that child,

00:36:55.480 the 14 year old, that's going to make a plea deal. So we're not going to get access to those records

00:37:00.680 in Georgia of the, of the little boy who picked up his father's gun. They're going to charge the

00:37:06.440 father. Butler, those parents aren't dragged in. Okay. So we have parents just like with the ones in

00:37:14.760 Utah. They're not drawn in. You're going to see, I've been, I've been telling people, oh, wait to the

00:37:20.280 trial. You're not going to have a trial in Utah. They're going to cut the, you watch Georgia,

00:37:23.400 they're going to cut the same type of deal to get away from the death penalty and get a life

00:37:27.240 in prison without parole. You're never going to see any of this stuff at trial. I've been saying

00:37:31.000 this from the beginning. Sheila, I know you get a bounce. You've got a big anniversary coming up,

00:37:36.120 a big event. I want everybody that's in the area or wants to come in from around the country to

00:37:40.360 support you. Where do they go? They go to ablechild25.com, ablechild25.com,

00:37:47.560 and they could get tickets there. It's going to be in West Palm Beach. And really people,

00:37:53.080 we need signs on this petition to get federal hearings. We need legislation. We're trying to

00:37:58.920 kill massive bills coming in and we have a proposed bill. We need a sponsor in Georgia. So lawmakers,

00:38:06.200 please start listening to us so we can get to some safety for these children. So yeah,

00:38:13.240 ablechild25.com. We're celebrating 25 years, two moms who started out of the abyss. So we need your

00:38:22.920 help. We want to stay valuable to children and we want to help the government. We want to help. We

00:38:31.720 want to save lives. What we want to do is stop this destruction, particularly of young men. It's

00:38:39.720 bad in women, but young men that try to destroy it. Sheila, uh, one more time. Where do people go? 1.00

00:38:44.680 ablechild25.com for the tickets and ablechild.org, um, for our petition. So thank you so much,

00:38:52.840 Steve. We're honored to be a part of it. No, it's outrageous. Thank you, ma'am. You look at the

00:38:57.800 connectivity. Look at the commonality in all this. All these young men are on these psychiatric drugs.

00:39:04.840 Who, who does, who, who, who, uh, prescribes this? Well, who, who's, uh, accountable for this?

00:39:12.280 It's constant. Also Russ Vogt, the guy said he did it because Russ Vogt was one of the key architects

00:39:22.200 of project 2025. Have you seen an outrage in the, in the community in Washington DC? Have you seen an

00:39:29.000 outrage in the media that a, uh, a courageous public servant, a courageous public servant, um,

00:39:37.560 is, uh, an assassin. The guy goes to his house to assassinate him. And just by grace of God, Russ

00:39:43.640 doesn't happen to be there. And some neighbors, I guess, turn this guy in and there's some footage

00:39:47.080 on it. And the authorities are involved now. It's just like in Butler. We don't know. I mean,

00:39:52.360 the Butler situation is a travesty. And I keep saying, and Posobiec and these guys can prove me 0.99

00:39:59.480 wrong. I just don't think you're ever going to get to a trial in, um, in Utah. I think they're

00:40:03.960 going to pull the same thing you're going to pull here. They're going to try to cut some plea deal, 0.98

00:40:07.960 get him off of a capital, uh, murder away from a murder charge. And we're never going to get that.

00:40:12.920 We're never going to get the facts. And I think there, we have to see the facts. We have to see all

00:40:17.480 the details, all the interconnections, because I'm still not at least what's been out there.

00:40:22.520 I just don't believe a guy got up there, uh, because, uh, he, um, you know, he thought his,

00:40:28.600 uh, his tranny, you know, roommate or wherever, however you define this other guy who hasn't been

00:40:35.800 charged with anything, no accessory, uh, no, no accessory either before or after the fact,

00:40:41.160 nothing is just still this, uh, was a Tyler Robinson. I'm just not buying it. Maybe,

00:40:47.160 maybe they'll put out evidence. Otherwise, I just don't think you're ever going to go to trial

00:40:51.720 in this situation, the psychiatric drugs and destroying these young men. He's got to,

00:40:56.520 we got to get to the bottom of it. Um, I don't know if we, do we have the clip of, of, of bets?

00:41:01.720 Can I play Betz's clip? Do we have that? My great producer. Do I have it? Okay. Let me play that

00:41:06.360 for our, bring on, uh, Thayer for a second. Let's go ahead and play. This is from Ben Harnwell does the

00:41:10.600 Friday show, tries to coordinate a six o'clock, all the great reporting coming out of, uh, and things

00:41:15.960 coming out of Europe. Uh, this is very important when we talk about civil war. Let's go and watch.

00:41:23.320 Yeah. I, I, I do want to stress that I'm, I'm really not making a party political point

00:41:28.440 here or I'm not trying to, that's, that's not, uh, most of what I'm talking about. In fact,

00:41:33.160 all I'm talking about are structural issues. This is not political point scoring. I, I'm, I'm not,

00:41:39.400 you know, trying to, um,

00:41:41.240 um, uh, I'm not trying to be that, that sort of pundit. Um, and your earlier remarks about the,

00:41:53.240 uh, uniparty are entirely accurate. Um, and people understand that to be the case, which is what is

00:42:02.520 fueling, um, uh, this, or I think there's the fundamental thing that is fueling this pressure

00:42:08.760 cooker you talk about, because once people have fully internalized that voting doesn't matter,

00:42:19.000 then that is an expression of a complete, uh, basically a complete lack of confidence

00:42:26.040 in the legitimacy of the existing system. The, uh, it is a complete lack of confidence in the ability

00:42:33.160 of politics to solve collective action problems in that society. And it's really hard to roll back

00:42:42.040 from that. I, and to the point of your specific question now about, about reform, I have to say,

00:42:49.080 I'm not terribly optimistic on this front. Um, reform, uh, as, uh, currently just doesn't look to me to

00:42:58.520 possess, uh, uh, the sense of urgency, the, the, uh, to possess the, um, the, uh, the desire to conduct

00:43:12.760 this sort of radical changes to the society, which would be implied by a reasonable estimate, uh, um,

00:43:21.080 apprehension of the problems which we face. Moreover, even if we get to the next election,

00:43:27.880 Professor Bates, let me just clarify that you think that these forces are in the UK.

00:43:36.360 I'm going to come back with a punchline with, uh, Ben Harnwell and bring in Dr. Thayer,

00:43:41.240 Tej Gill is going to join us. Orrin Cass has got a magnificent piece, two big pieces coming

00:43:46.280 from the New York times over the weekend. Orrin Cass basically calls out the entire finance industry,

00:43:52.120 wall street as a complete and total grift. And what should you do with the grifters?

00:43:56.440 We're going to take a short commercial break. You're in the worm on a Friday,

00:43:59.240 Superbowl weekend. Back in a moment.

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00:45:43.960 Here's your host, Stephen K. Bannon.

00:45:47.800 Crypto is in a, how do I say this, historic plunge. Gold is not. And I think that's the

00:45:54.840 difference between something being a hedge, an entity being a hedge, and maybe not.

00:46:00.760 And you don't want to find out about this when it's plunging. We've done something different here,

00:46:06.840 I think, than other people that just say, buy gold, buy gold, buy gold. We want to teach you,

00:46:12.440 the purpose here with Birch Gold over the last four or five years, is to teach you to understand

00:46:16.520 the process. Not the price of gold, but the process that drives the value. Both as a hedge

00:46:21.320 against times of financial turbulence, but now, as a new kind of financial asset class,

00:46:27.160 which has happened as the central banks have stepped up here, and the U.S. dollar comes under

00:46:32.600 assault. We started this at the beginning of the Biden regime, the illegitimate Biden regime.

00:46:37.640 Why? We only had an inkling. The first thing he did was about opening the borders. We knew it was going

00:46:42.920 to be detrimental to the country and insane. I shouldn't say insane. It was logical for them

00:46:49.480 because they wanted to destroy the American republic. What he did in the spending was to destroy the

00:46:53.880 financial stability of the country and destroy the dollar. 25% depreciation, devaluation, lack of

00:47:01.400 purchasing power in the dollar in four years. It's one of the reasons the BRICS nations, who are all 0.93

00:47:05.800 enemy, virtually all enemies of the United States, led by the Chinese Communist Party, looking at alternatives,

00:47:11.080 as we've reported, and we sent Philip Patrick and his team down to Rio for the Rio reset.

00:47:18.120 But even, I think the BRICS nations, as much as they hate the United States, they do have kind of

00:47:23.560 a point when they talk about an alternative, given what Biden did to the dollar. Anyway,

00:47:29.000 that's a long-winded way of saying, talk to Birch Gold. Many ways you can get there. End of the

00:47:33.080 dollar empire. Go to birchgold.com, promo code Bannon. End of the dollar empire. Seven free installments.

00:47:39.480 The eighth installment is on my desk, and we're going to be getting it out for all of you,

00:47:43.640 and we'll have Philip Patrick on here to discuss. Most important thing, or whether you take your

00:47:47.960 phone out and text Bannon, B-A-N-N-O-N at 989898, gets you to the ultimate guide for investing in gold

00:47:54.120 and precious metals in the age of Trump, including silver. It gets you access to Philip Patrick and

00:47:59.080 the team. And they love it when the war and posse connects, and you don't have to buy gold. We're

00:48:05.800 going to teach you the process of what drives the value of it and why the guys at Birch Gold

00:48:11.080 think there's a long way to go in that valuation. But you come to your own decisions. What we're

00:48:15.320 going to do is put the information out there. I want to finish with Ben Harnwell. Betts is the

00:48:19.960 tenured professor at King's College and one of the world's leading experts, if not the world's

00:48:24.680 leading expert on modern warfare in every aspect of it, including color revolutions and civil war.

00:48:31.640 Let's go ahead and play Ben again, and I'm going to bring in Dr. Bradley Thayer.

00:48:34.760 Professor Betts, let me just clarify that. You think that these forces in the UK are so

00:48:43.640 already entrenched and the momentum is there that not even an eventual hypothetical reform

00:48:53.160 government would be able to stop the civil war in the UK that you see and that you hypothesize as

00:49:01.080 being on the horizon? It's that bad?

00:49:05.560 Yeah, I don't see that. Yes, in answer to your question, it's that bad. As I said, the issues

00:49:13.080 are structural. They're not casually political. They're not superficially political. They're deeply

00:49:20.360 social. And bottom line is the political system is not able to cure itself.

00:49:33.000 This is why Trump, that was from last Friday. This is why President Trump won in 16.

00:49:39.320 There's something deeply wrong with the American political system, including the Republicans. This

00:49:44.600 is why they're controlled opposition. This is why now the Wall Street Journal is hammering President

00:49:49.480 Trump every day. And look, people can throw their toys out of the pram. They can pull their hair out.

00:49:54.440 They can cry. It doesn't make a difference. We're never going to allow ever again to have the globalists

00:50:01.560 and the elitists and the people that hate this country to steal another election. Those days are over,

00:50:07.960 and we got to rev it up to make sure we hold accountable who stole 2020. Look what they did

00:50:13.080 to our country. Financially, culturally. 15 or 20 million illegal alien invaders. Look at these cities. 0.94

00:50:23.000 Dr. Thayer, you've written a quite brilliant piece. I'm so glad the Federalists have put it up. I just

00:50:27.880 love the Federalist site about why you kind of take Betts's theory and you take it one step farther

00:50:34.440 and saying, hey, it's coming and we have to win it, and President Trump has to lead us to victory.

00:50:40.200 Talk to us about it, sir. Yes, Steve, thanks. The pieces are available at the Federalist today,

00:50:46.680 and the two arguments. One, there's a civil war in the West from London to Texas. We see that from 0.89

00:50:52.280 Ireland to Italy, from Canada to Australia. We see the same thing. We have an increasingly

00:50:59.240 authoritarian political class, and we have their principal weapon of immigration, of flooding 0.71

00:51:08.200 Europe, Canada, Australia, the United States with many tens of millions of immigrants. So we're locked 0.99

00:51:15.960 in a civil war between those who want to destroy the West and those who want to save it. It's an old

00:51:21.960 struggle, really goes back to the Bolsheviks 100 years ago who started it, but it's being realized now.

00:51:28.120 Now, what needs to be done? Well, the Trump administration needs to save Western civilization

00:51:33.720 because he's the only one who can, and he's opposed by Australian government,

00:51:39.080 Canadian government, the EU, and Keir Starmer in the UK. What the Trump administration has to do is,

00:51:48.520 right now, today, get serious about developing strategies to stop this and to turn it around

00:51:56.280 through remigration. So there's much that has to be done. First, tariffs. Professor Betz makes a great

00:52:04.520 argument, but he seems to assume it's the 11th commandment is that Europe is going to go Muslim,

00:52:10.520 right? That's not true at all. It's a result of policy decisions, and policies can be reversed if the

00:52:18.200 costs to the EU and the costs to Keir Starmer's government in the UK are high enough. So let's get

00:52:25.080 Peter Navarro to put 500 percent tariffs on the EU. Okay? That's going to start moving

00:52:34.280 the European Union in the right direction. Secondly, let's start developing a strategy—

00:52:39.080 Hang on. Hang on. Hang on. Hang on. Hang on. Ho, ho, ho. I want to go through all of them. We're

00:52:43.720 going to take a short break. Are you saying put 500 percent tariffs on the EU to force them to have

00:52:50.200 policies that reverse the immigration of Muslims into Europe, into England particularly, which I

00:52:58.760 think is now going to a significant part of the population? I got 30 seconds. Is that what you're

00:53:04.040 saying? Absolutely. Not only reverse, but to do so on a truncated timetable, right? To do so with next

00:53:12.040 week, they're going to be at this number. The week after, they're going to be at double that number.

00:53:17.000 Okay, hang on a second. Hang on. Hang on. I'm going to take time. We're going to get it all done.

00:53:21.320 We're going to take a short break. Warren Kass is all going to join us. I'm going to recommend right

00:53:26.120 now we set up an Office of Remigration, and I'd strongly recommend to President Trump and the

00:53:31.320 administration that Dr. Bradley Thayer be the very first person to step in there and take that

00:53:37.560 position. Short break. Back in a moment. Listen, folks, I want to tell you about this

00:53:44.920 particular pharmacy because they're actually doing things right now for the American people.

00:53:50.760 They're the real deal, not another corporate chain. If you're tired of fighting a broken system

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Bannon's War Room - February 06, 2026

Episode 5123： Scalia And The History Of The Supreme Court; Time For Trump To Win The West Civil War

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