WarRoom Battleground EP 627： Stopping The Steal In Battleground States Through Legal Defense
Episode Stats
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Summary
Steve Kenney, Mark Lucas, and Jeff Clark join The War Room Posse to discuss what the Republican National Committee is doing on election integrity and what the Justice Department needs to do to clean up the mess they re in.
Transcript
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This is what you're fighting for. I mean, every day you're out there. What they're doing is blowing
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people off. If you continue to look the other way and shut up, then the oppressors, the
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authoritarians get total control and total power. Because this is just like in Arizona. This is
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just like in Georgia. It's another element that backs them into a quarter and shows their lies
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and misrepresentations. This is why this audience is going to have to get engaged. As we've told you,
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this is the fight. All this nonsense, all this spin, they can't handle the truth.
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War Room Battleground. Here's your host, Stephen K. Bannon.
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It is Friday, October 4th in the year of our Lord, 2020, 2024. I'm Mike Davis, the viceroy,
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standing in for Stephen K. Bannon, who Biden and Kamala have in the clink during the election
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season. We have a great show today. We have three of my friends who are heavily involved
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in election integrity and this fight for President Trump. We have Steve Kenney, who is a senior
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litigation counsel at the Republican National Committee, who is going to give us a detailed
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update on what the R&C, the Trump R&C, is doing on election integrity. Then we have Mark Lucas
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from my Article III project, who will give us a quick update on what the War Room Posse can do
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for action, action, action. And then we have all-star attorney and my friend Jeff Clark, who's going to
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come on in the second half of the show and talk about what Jack Smith is up to and what the Trump
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47 Justice Department needs to do to clean house and to restore justice. But let's start with my
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friend Steve Kenney. Welcome to the War Room, Steve. Thank you, Mike. Yeah, so let's talk about
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Steve Kenney, just to introduce you to the War Room. Steve Kenney went to Harvard Law School,
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and I went to Iowa Law, so of course I needed Steve Kenney's brain. So I hired Steve Kenney to
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come work on the Senate Judiciary Committee when I was then-Chairman Chuck Grassley's chief counsel
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for nominations. And I would tell Steve Kenney that I want to break a bunch of stuff in the Senate. I
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want to break every piece of China in the Senate and confirm all Trump's judges. And you need to come
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up with a way to make it look rational and sane and that we're following precedent. And Steve Kenney had to
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put lipstick on a pig every day. And he was the secret weapon behind then-Chairman Chuck Grassley's
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wildly successful two-year run of confirming President Trump's judges. So thank you for
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that, Steve. You're now at the RNC. You're playing a pivotal role there on election integrity. So let's
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talk about that. There's a lot of concern. I get a lot of questions whether the RNC is doing enough.
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And I think that this discussion today is going to reassure the war room posse that President Trump
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and his RNC chairman, Michael Watley, and his legal team led by you and others that were on top of
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this. So let's talk about that. Tell us what your thoughts are on the overall national stage on
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election integrity. Yeah. So thanks, Mike. So the RNC is currently in the middle of its most active
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litigation docket of any cycle in history. We have been involved in 126 cases across 26 states this
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election cycle alone. Our cases typically fall in one of two buckets. We're either intervening in cases to
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defend election integrity laws that are on the books and under attack by left-wing litigants,
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or we're filing lawsuits ourselves against state officials for violating election laws.
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On the defensive side, the RNC plays an extremely important role in a lot of cases, especially when
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Democratic officials, which happens often for political reasons, refuse to defend the election
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integrity laws that are on the books. So it falls to the RNC as an intervener to go in there and defend
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the law. But we've also made it a priority in this cycle, and this is in large part because of the
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leadership of President Trump and Chairman Watley to be more proactive in our litigation. So we've
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challenged election officials across the country when their actions violate the law. And we've also
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challenged laws and regulations that are on the books because we believe they're unconstitutional
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or violate federal law, which is a strategy that the left has done a lot more than we have. But
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we've started to make that a part of our national strategy.
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Good. Let's talk about the various states. We have seven swing states, and we'll go through each
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one of these. Pennsylvania, Michigan, Wisconsin, North Carolina, Georgia, Arizona, Nevada. What are we
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doing in Pennsylvania? So in Pennsylvania, obviously a critical state this cycle. Litigation in Pennsylvania
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in recent years has centered in large part on what's called the dated ballot requirement.
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Absentee voters are required to sign and date their ballot envelopes. Over 99 percent of voters comply
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with this basic requirement, but the left has just been relentless in challenging it. And unfortunately,
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Pennsylvania officials have refused to defend it. So this is the type of case that the RNC and
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Pennsylvania GOP have taken responsibility for defending. So we've successfully defended it
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three times so far. In the Pennsylvania Supreme Court in 2020, after certain counties were just
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disregarding the requirement and counting undated ballots, Pennsylvania Supreme Court said that the
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election code is a mandatory provision and you can't count those ballots. Earlier this year,
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we had a major win in the U.S. Court of Appeals for the Third Circuit in an extremely important case.
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So the left has brought a lot of challenges to absentee voting rules around the country in just the last
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few years based on a law called the Materiality Provision of the Civil Rights Act. So we argued,
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and a panel of the Third Circuit—and it's kind of crazy—it was an all-democratic panel,
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liberal judges—agreed with us that the materiality provision just has no application whatsoever
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to ballot casting rules. It only applies at the voter registration phase of the process.
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So this is a huge win, not just for the dated ballot requirement in Pennsylvania,
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but it sets important precedent around the country where a lot of challenges are based on that same law.
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Steve, why is it important for these ballots to be dated and signed properly? Why is that important? What does that do?
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Well, like a lot of activities in daily life, you're required to sign and date things,
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and voting is just as important as any other activity. But it's also true that the date requirement
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has in the past uncovered instances of voter fraud. For example, a ballot was received from a deceased
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voter, and law enforcement officials investigated, and they were able to get the evidence because
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the ballot was dated after the person had died. So it does perform a very important voter integrity
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function. Great. What do you have left? Did you have anything more on Pennsylvania before we
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turned to Michigan? Just that we also won on this issue for a third time in the Pennsylvania Supreme
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Court a couple weeks ago, vacated a Commonwealth Court decision that struck it down under the
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Pennsylvania Constitution. So that's the third win that we had. But because that's—the issue is still
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alive because that was a jurisdictional decision. So we are now currently defending the law again,
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this time in a court decision coming out of Philadelphia, and then again in the Pennsylvania
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Supreme Court. So I expect, you know, that issue is still unresolved, but we're hoping to continue
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our win streak. And Pennsylvania, as everyone knows, is the key state. If Trump wins that state,
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he wins the White House. What's going on in Michigan?
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Yeah. So we have a lot of proactive litigation in Michigan. Secretary of State Jocelyn Benson is one of
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the most activist election officials in the country. She's openly flouting the law to achieve her policy
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preferences. So unsurprisingly, we have sued and won three times against her just this year.
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Our first win came earlier this year when we discovered that Secretary Benson was issuing
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secret instructions to municipal clerks. So not public guidance, but secret instructions through
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a communications portal that said that you have to presume the validity of absentee ballot signatures
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before approving them to be counted. The problem was she issued public guidance on that with those
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same instructions a few years ago, and that was struck down. And she turned around and then decided to try to
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do it secretly and hopefully not get discovered. But when we discovered it, we went to court.
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The judge agreed with us that these instructions to the presumption of validity violates the
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Michigan Constitution, which requires a neutral verification of these signatures,
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comparing them to the signature on the voter file, without putting the thumb on the scale of
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approving the signature. That's a huge win. And what do you have in Wisconsin?
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Wisconsin is a pretty tough state these days from a litigation perspective in light of the new liberal
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majority on the state Supreme Court. But despite that, we've achieved some marquee wins. We've
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successfully challenged a Wisconsin Election Commission policy that allowed voters to essentially
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submit their absentee ballot, then go to the election clerk's office, retrieve it, spoil it, and vote
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again. So essentially just re-voting, which obviously an in-person voter couldn't do.
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Court said nothing in Wisconsin election law allows this and struck down that policy. So that policy will
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not be in effect for this November. But we also have wins against specific municipalities.
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The city of Appleton, for example, was refusing to hire Republican special voting deputies, which are
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people who go to nursing homes and residential care facilities to administer elections there.
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The city agreed to settle with us. So that sets some important precedent that cities can't be doing
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that going forward this election cycle. We also had wins against the city of Milwaukee
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and the city of Green Bay to ensure enhanced access for poll watchers during the early voting process.
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And we're currently in litigation against the city of Racine regarding its failure to hire Republican
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poll workers in violation of the state's partisan parity requirement for hiring poll workers.
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A lot. So they have a Democratic majority state board of elections. And so we've filed numerous
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lawsuits against them in just the past few months. We got a major win last week. The board had approved
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an application by some individuals to allow the University of North Carolina's digital
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student identification card to be a valid form of voter ID. We sued. Our argument was that state law
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clearly requires a physical, tangible ID card and not just a file on a computer.
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And so the board acted outside the scope of its authority in terms of allowing those IDs. And
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Court of Appeals last week issued a decision in joining the board. And so therefore,
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college student digital ID cards will not be accepted in this election. But we also filed another major
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lawsuit just earlier this week regarding overseas voters. So a North Carolina statute purports to allow
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overseas individuals who have never resided in North Carolina to nevertheless claim residency,
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register to vote and cast ballots. The state constitution clearly requires that a person
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have resided in North Carolina in order to be eligible to vote. These overseas individuals are
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not covered by the federal UOCAVA statute. So there is no basis for allowing these folks to register to vote and
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cast ballots. So what we're asking the court to do is just prohibit that subset of overseas voters from
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counting ballots in North Carolina. What do we have in Georgia?
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Georgia's probably been our busiest state this election cycle. We've got multiple lawsuits going on.
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Most of them are interventions that pertain to Senate Bill 202. Senate Bill 202 is an omnibus
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election integrity law that was passed in 2021 after the problems with the 2020 election and meant to
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address a lot of those. Nearly all of that law will be in effect for this November because we defeated
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numerous preliminary injunction motions, including ones to try to stop dropbox security requirements,
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going after ballot harvesting restrictions. And we defeated a preliminary injunction motion filed by
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Biden's Department of Justice to basically try and get the entire law thrown out. Also defended the state's
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new deadline for requesting absentee ballots, which is now 11 days before Election Day. Plaintiffs tried
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to get that closer to Election Day, but were defeated. And we're currently in the middle of
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defending some really important regulations that were passed by the state election board over the last
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few months, including a new rule that allows election boards to conduct a reasonable inquiry into election
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results before actually certifying those results, which is pretty common sense in my view. Also defending
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dropbox security protocols and a requirement to hand count ballots at the end of Election Day to make sure
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that they match up with the results that are being reported.
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So Arizona, we had some really important major wins this cycle, including at the U.S. Supreme Court.
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So we successfully defended mandatory citizenship verification requirements that apply during voter registration
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and to conduct regular voter list maintenance activities. We successfully defended the new
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election day deadline for curing mail ballot errors as opposed to allowing all that to happen in the days
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after the election. And then although the district court in one of our cases struck down documentary
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proof of citizenship requirements to register to vote and participate in elections, we have appealed that.
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And we also sought stays pending appeals. So basically asking the court to allow Arizona to enforce those laws
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while the appeals while the appeal is pending. And the U.S. Supreme Court granted us that relief
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on one of the documentary proof of citizenship provisions. So Arizona is able to require documentary proof
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of citizenship with its state form registration applications or else the application is rejected.
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So we're continuing to defend these requirements. The appeals are in the Ninth Circuit right now,
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but I bet a lot of them will end up at the U.S. Supreme Court.
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Those are huge wins in Arizona. Let's talk about, finally, Nevada. What are we doing in Nevada?
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So Nevada, we filed what I think is a pretty landmark lawsuit on the issue of non-citizen voting,
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challenging the lack of citizenship verification procedures in the voter registration process.
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So what we learned from evidence from 2020 litigation is that there are more than 6,000 potential non-citizens,
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there were in 2020, more than 6,000 potential non-citizens on the voter rolls.
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That information was found by comparing records from the Department of Motor Vehicles,
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voters who used immigration documents to get a driver's license and comparing them to the voter rolls.
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And there were more than 6,000 matches. And most troubling is that almost 4,000 of those
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individuals cast a ballot in the presidential election. Survey data suggests that at this time,
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there are approximately 10,000 non-citizens on the voter rolls that are at risk of casting a ballot.
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And this large number of non-citizens on the rolls is directly attributable to the fact that Nevada just
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doesn't have any citizenship verification built into the voter registration process. Other states that
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have them have much lower rates of non-citizen voter registration. And our view is that this is
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unconstitutional because by allowing non-citizens to cast ballots, you're diluting the votes of citizens
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and impinging on their right to vote. So we filed that case. And we also have a case challenging
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a state policy that ignores a key requirement in state law. Ballots can be received after Election
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Day in Nevada, but they have to be postmarked on or before Election Day. There's a slight caveat that
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says if the date of the postmark cannot be determined, then it's presumed to have been postmarked on time.
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The problem is the secretary of state and the large counties are interpreting that provision,
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that exception, to say, you don't need a postmark at all. You can just, you know, no postmark,
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illegible postmark. We'll count that ballot anyway. So we filed a lawsuit. Our preliminary injunction
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motion was denied primarily on standing issues. But we've appealed that to the Nevada Supreme Court,
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and there is an oral argument next week in front of the full court.
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I think the bottom line is this, to the war room posse, that President Trump,
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Trump's RNC chairman, Michael Watley, and the litigation team at the RNC, led by Steve
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Kenney and others, they are on top of it this election cycle. We're not going to wait until
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after the election to bring legal challenges. They are doing legal challenges before the election,
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because if you wait until after the election, it is very, very hard to get a favorable result out
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of a court. So I appreciate your efforts. We may have you back on, Steve Kenney, to update us again
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before the election. Are you on social media? How does the war room posse find you?
00:20:01.200
Uh, I'm on LinkedIn. Um, but that's, uh, that's the extent of my social media.
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Well, anyway, thank you very much, Steve Kenney for, uh, for coming on. And next up,
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we're going to bring on Mark Lucas from the article three projects. Uh, my right hand man there,
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Mark, uh, we have a few minutes here. Let's go through, you heard what Steve Kenney said
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from the RNC on the seven target states, along with the national scene with non-citizens voting.
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Let's go through, uh, the article, uh, uh, article three project action site, article three project.org,
00:20:40.940
and then go to action, uh, walk through what the war room posse can do right now in key places
00:20:47.160
with key officials to put key pressure right now. You bet. Like Steven just said, the key tactic the
00:20:55.000
left is going to employ in 2024 is non-citizen voting. And we're seeing that in all the battleground
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states. Uh, in fact, Elon Musk had just retweeted last night about the influx of illegal migrants to
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all of these battleground states, some of them exceeding over 700% for the authorized numbers in
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those states. So if you look at a3paction.com, or you can go to article number three project.org,
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our action center allows you to reach out to these elected officials and these county election
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officials who are responsible for ensuring that they check the voter rolls and that no non-citizens
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are on those rolls. So for instance, Steven Richard, who's in Maricopa County, he's a lame duck,
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washed up county recorder. He lost his primary battle. So he has nothing to lose between now and election
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day. And Maricopa County has been plagued with election problems since 2020. The law specifically
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requires every county recorder in Arizona to perform monthly list maintenance to confirm the citizenship
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status of the voter rolls. So you can go to a3paction.com. You can contact Steven Richard's office
00:22:09.340
by phone, by email, and by social media. You can conduct all those three actions in less than five
00:22:16.720
minutes. And we can also do the same in the battleground states that Steven talked about
00:22:21.160
earlier in Michigan, Pennsylvania, Wisconsin, Arizona. And what do we have besides Arizona? What's
00:22:30.360
another key action item in another swing state that the war room posse should be taking today?
00:22:38.220
Wisconsin is a major concern. The Secretary of Transportation Boardman is not sharing DOT data
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on citizenship with the state legislature and with the Wisconsin Election Commission.
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They found that 90,000 non-residents have a driver's license or a state ID. And to put that in
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perspective, President Trump won 2016 by 27,000 votes. Joe Biden supposedly defeated President Trump by
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20,000 votes. So that 90,000 number of citizens, non-citizens with driver's licenses, could play a major
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factor in the state of Wisconsin. In Pennsylvania, we're urging people to reach out to the governor,
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Josh Shapiro, and to also their secretary of the Commonwealth, Al Schmidt, to ensure that non-citizens
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aren't allowed to vote. It was recently reported in the state of Pennsylvania that at least 600,000
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non-citizens have a state ID. So we see this same tactic being employed all across the country by the left.
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They do not want to verify citizenship on their voter rolls. And we have a major threat of non-citizens
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voting in 2024. Yeah, I would say this to wrap this up because we're coming to an end of this
00:23:52.060
segment, Mark. We know that non-citizens are registering to vote illegally. We saw that with
00:23:59.460
6,000 in Virginia that Virginia Governor Glenn Youngkin was able to identify on the Virginia rolls.
00:24:06.220
We know that non-citizens are illegally voting in past elections. We had Texas Governor Greg Abbott found
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2,000 non-citizen votes in prior elections. We know this is happening, and this is why Congress must
00:24:23.340
pass the SAVE Act. That's another action item from the Article 3 project, because we're not going to allow
00:24:29.400
non-citizens who Kamala imported into our country, over 20 million of them, we're not going to allow them
00:24:36.400
to rig and steal our election. Mark, very quickly, how does the War Room Posse get you?
00:24:41.820
Go to a3paction.com, take action. That will put you on our mailing list. And Mike, you and I sent out
00:24:49.640
action alerts on a weekly basis so the War Room Posse can take action and contact these lawmakers and election officials.
00:24:55.940
Well, thank you, Mark Lucas, from the Article 3 project, for joining us and talking about action,
00:25:03.220
action, action. We're going to go to a break here, and after the break, we're going to have
00:25:08.340
Jeff Clark talk about Jack Smith's persecution and what the Trump 47 Justice Department should do to fix it.
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00:31:05.380
All this nonsense, all this spin, they can't handle the truth.
00:31:11.960
Welcome back to the War Room. I'm Mike Davis, the Viceroy, standing in, the next man up for
00:31:18.620
Stephen K. Bannon. We have all-star attorney and my friend Jeff Clark up next. We want to talk about
00:31:26.000
a pretty surprising article that came out yesterday in New York Magazine, not exactly a MAGA paper,
00:31:34.400
by Elie Honig. And this article was a very damning indictment of Biden Kamala, Special Counsel Jack
00:31:44.840
Smith, and D.C. Obama Judge Tanya Shutkin for how they're handling the fallout of the Supreme Court's
00:31:53.160
monumental 6-3 presidential immediately decision back in June, written by, authored by Chief Justice
00:32:01.060
John Roberts. Not exactly a Trump fan. No MAGA hats or no Trump signs in his yard in Chevy Chase,
00:32:07.080
I can assure you. But let's bring in Jeff Clark to talk about this. Jeff,
00:32:12.960
talk about what's in this article and give me your reaction.
00:32:17.940
Sure. Well, first, actually, let me do a quick note about the fact that they changed the title of
00:32:23.060
the article. Originally, it was Jack Smith's October Surprise, and now it's Jack Smith's October
00:32:28.200
cheap shot. I like both of them, but it's a little strange they changed it. One of your eagle-eyed
00:32:33.420
followers actually spotted the change, Mike, so for what that's worth. Look, you know, this is a
00:32:39.440
surprising article because Elie Honig is a former assistant U.S. attorney, and he's also a former
00:32:44.660
state prosecutor, so he's got both state and federal experience. He's clearly a Democrat, and, you know,
00:32:50.040
he's on CNN all the time, you know, in the past bashing Trump. But he comes out with this article,
00:32:55.720
and the heart of the article says that Jack Smith has abandoned all objectivity. And he is just
00:33:01.560
straight up violating rules, tossing aside these norms we always hear about inside the Justice
00:33:07.760
Department that are embedded in this document called the Justice Manual, which is a giant
00:33:11.860
living guidance document that resides now on the web because it's so big. And he calls it a Bible.
00:33:19.840
And he says, you know, Jack Smith has shredded these things and that, you know, Judge Chutkin has
00:33:24.160
basically rubber-stamped what he's done. So, you know, this is very remarkable to see this,
00:33:29.740
you know, former prosecutor, federal prosecutor and state prosecutor essentially recognizing
00:33:37.020
Judge—I'm sorry, recognizing Donald Trump's complaints about Jack Smith's conduct
00:33:42.280
are truly warranted here. He is acting in a way—and I described this yesterday on War Room—in an
00:33:49.520
unconstitutional fashion, in a fashion that's shredding the federal rules of criminal procedure.
00:33:54.680
And he doesn't note specifically that the actions are unconstitutional, but there's a lot of overlap
00:34:00.280
between what I said on War Room yesterday and his article. Because, you know, I spotted that, look,
00:34:06.660
this violates President Trump's ability to confront the witnesses, and you confront them, especially
00:34:11.920
by using the right of cross-examination. He calls out the fact that this 165-pager that dropped
00:34:17.840
against President Trump a few days ago with Judge Chutkin's blessing that that document,
00:34:23.000
you know, can't be cross-examined, yet it's being dumped out, you know, in the final weeks of the
00:34:29.200
election. Also, President Trump's due process rights are being violated. That goes to how the
00:34:35.140
federal rules of criminal procedure here aren't being observed. You know, as he notes, like, for
00:34:39.560
centuries, we've had a system where the government goes first and says, okay, we indict you or we put out
00:34:45.260
of criminal information on you, and then you can move to dismiss that. Well, not so here. That
00:34:50.340
wasn't, you know, that's a right that President Trump can't be allowed to do, even though Jack
00:34:54.560
Smith put out a superseding indictment as his first move after he got the remand back from the Supreme
00:35:02.180
Court on, after the Supreme Court decision on July 1st. President Trump should get to move to dismiss
00:35:08.040
that document under Federal Rule of Criminal Procedure 12. But, like, that right's been thrown out the
00:35:13.660
window. Instead, there's going to be a combined response by Trump that will be his motion to dismiss
00:35:19.720
the superseding indictment and his response to the 165-pager. He's going to get 180 pages for that to be
00:35:26.140
filed on November 7th. And, you know, Elie Honig's article reads like a catalog of all of the
00:35:33.800
constitutional and procedural errors and just the blatant political, you know, interference, because
00:35:40.660
there's no basis for throwing these rules aside other than to try to get Trump and blacken him up
00:35:46.020
before the election. And, you know, I think that what's happening is, you know, jury pool tampering,
00:35:52.100
jury pool poisoning is the same as electoral pool tampering and poisoning. And both of them are
00:35:59.300
happening here through what Jack Smith has been allowed to do, Mike. It's, you know, I would say that
00:36:05.820
I'm surprised it is flabbergasting. But we've, you know, in this era of the Biden administration
00:36:10.860
and the nightmare reign of Jack Smith, you know, things that used to be surprising are no longer
00:36:17.080
surprising. They're just run-of-the-mill outrages. Yeah, it is very obvious that Jack Smith and Tanya
00:36:24.840
Shutkin knew that if they followed the regular procedures in courts, that this document would not
00:36:32.020
be out before the public before the election. You have grand jury information in here. You have,
00:36:36.940
as you said, information that's not been subject to cross-examination. You have, you have information,
00:36:42.260
you have evidence that Trump has not been able to put on to rebut this. This was a political
00:36:47.140
drive-by shooting. This was another political assassination attempt of President Trump because
00:36:54.380
they fear American voters on November 5th. And this is the most blatant election interference
00:37:01.100
imaginable. And it's so bad that the New Yorker, the New York Magazine with Eli Hodig wrote this
00:37:09.480
extraordinary piece that we just discussed. I mean, it's so shocking that he felt compelled to
00:37:14.500
write this piece because it's just, it violates every notion of due process, every notion of fair play.
00:37:22.100
It's just they're, they are abandoning their legal duties, their ethical duties as a federal judge
00:37:29.300
and a federal prosecutor. And it's really shameful. It's disgusting. But as you said, Jeff, it's not
00:37:34.240
surprising given both of their track records. And let's, let's talk about that. Let's talk about
00:37:39.420
what the Trump 47 Justice Department needs to do starting on January 20th, 2025 to end this
00:37:50.380
republic ending lawfare and election interference that we've seen from the, the, the Biden Kamala
00:37:57.020
Justice Department, Merrick Garland, Lisa Monaco, Jack Smith, Jay Bratt, uh, with these, uh, with, uh,
00:38:05.360
the DC U.S. Attorney, uh, going after January 6th supporters, persecuting them as the Supreme Court
00:38:14.320
essentially held in the Fisher decision. Uh, these local prosecutors, Big Tish James in New York,
00:38:20.960
Fannie Willis, uh, Nathan Wade, you got wrapped up in that mess down in Fulton County, Georgia, Chris
00:38:28.300
Mays out in Arizona. It's just a nonstop lawfare and election interference. It's obviously coordinated.
00:38:35.360
What should the Trump 47 Justice Department do to end this and actually restore justice in this
00:38:42.660
country? Sure. Uh, Mike, you know, that, that's something that could occupy, you know, a 10 hour
00:38:48.740
program, but, uh, let me try to touch on some of the key components. Let me start first with
00:38:53.640
the U.S. Attorney's offices, uh, because that relates to what's going on with, uh, with Jack Smith,
00:39:00.460
right. And, and the January Sixers, you know, all of the Biden U.S. attorneys need to be cleared out
00:39:06.700
and all of those offices essentially need to be carefully looked at, examined as to what they,
00:39:14.020
they did, especially how they went after the January 6th. There's, you know, was, were any
00:39:19.360
procedures that, uh, we don't know of publicly, but might've behind the scenes, you know, corners
00:39:24.720
been cut, et cetera. That all needs to be looked at carefully. Uh, president Trump needs to,
00:39:30.460
to carefully look at who those U.S. Attorney's offices are going to, uh, be run by and personnel
00:39:36.140
is going to be very important, both at Maine justice and in the U.S. Attorney's offices.
00:39:40.740
We have to also end this whole notion that there are certain U.S. Attorney's offices that
00:39:45.040
are independent of Maine justice and independent of the president, right? So as I've described
00:39:50.580
it before, it's like a two tier breakdown. You don't just have the Justice Department thinking
00:39:55.600
that it's independent of the president, which is unconstitutional. It's a violation of, of
00:39:59.460
article two. You have particular U.S. Attorney's offices thinking that they're independent of the
00:40:05.340
attorney general in the line of the president, right? You have people like Jeffrey Berman,
00:40:09.180
who was even the Trump U.S. Attorney in the Southern District of New York. And the people
00:40:14.420
in the Southern District of New York really think that they're, you know, somehow their own fiefdom.
00:40:18.760
All that needs to be cracked through. Anyone who's hired needs to recognize that the chain of command
00:40:24.220
is the attorney general is your boss. And if you are in a disagreement with him, he rules. And then,
00:40:30.640
you know, the president is the boss of the attorney general, right? I mean, these are basic
00:40:34.240
constitutional facts. But for a very long time, you know, there's myths have been floating around
00:40:39.540
about, you know, the U.S. Attorney's offices and they're, they're, they're somehow outside of all
00:40:43.300
that. That needs to be changed. I think that we need FBI reform massively. We had the fact that they went
00:40:51.280
after parents at school board meetings using the national security apparatus, the national security
00:40:56.480
division at Maine Justice was used on the DOJ itself, you know, side, and then also their equivalent
00:41:06.200
inside the FBI. That all needs to be analyzed. Their analysis of public corruption needs to be
00:41:12.480
audited so that we know how many Republicans versus Democrats that they've targeted. I believe that when
00:41:19.180
you do that audit, you're going to find out that overwhelmingly these people are targeting
00:41:23.600
Republicans and not Democrats. It's been highly politicized. The hiring has been highly politicized.
00:41:29.700
The imbalance of who people are, how people are getting hired at the Justice Department
00:41:34.280
is being thrown out of whack. You know, you find out that there are 90 percent Democrats or more
00:41:39.820
inside Maine Justice. And, you know, even I'm sure that's reached into the FBI. All that needs to be
00:41:46.380
investigated. And the Justice Department's orientation needs to be changed such that it regards itself as
00:41:55.460
the lawyers of the president in his official capacity, right? We're not talking about turning
00:42:00.580
it into, you know, the RNC general counsel. We're talking about the fact that if the president is doing
00:42:06.340
something within the bounds of the law, it is for the Justice Department to carry that out and to provide
00:42:12.320
the most creative and energetic legal assistance for that in the courts that are possible. And, Mike,
00:42:18.940
I can tell you from the Trump first term, there were many officials, even appointees of the president,
00:42:24.500
who did not see it that way. They saw it as their goal essentially to do what they wanted and to resist
00:42:30.500
the president in situations where they disagreed. And, you know, they should have been cleared out.
00:42:35.580
But this time for the second term, and I'm very hopeful that President Trump will be reelected,
00:42:41.080
we need to have the people who realize what their role is and that their role is not to be the
00:42:46.940
principal. Their role is to be the agent. And as the Supreme Court said in the immunity decision we
00:42:52.740
discussed, there is only one branch of government that is a single person, the president of the United
00:42:57.980
States, and that is the executive branch. It is that one person, the president. It's not a diffused
00:43:04.040
executive power. It is a unitary executive power, Mike. Yeah. And let's talk about this. Let's talk
00:43:09.620
about what needs to happen. Let's get more granular at the FBI, at these U.S. attorney's offices,
00:43:14.640
at Maine Justice. I think that the new acting attorney general on day one needs to fire people
00:43:21.640
on day one. They need to fire Jack Smith, the special counsel. They need to fire Chris Wray,
00:43:28.180
the FBI director. They need to make the top three layers of the FBI, the director, the deputy director,
00:43:37.340
and the assistant director, including the assistant director in charge of each of the key field offices,
00:43:42.200
like the Southern District of New York and D.C. They need to reapply for their jobs. And so do
00:43:48.100
these key U.S. attorney's offices, like D.C., Southern District of New York, Eastern District of
00:43:54.640
Virginia, the leadership of these offices need to reapply for these jobs. They need to stop these
00:44:00.760
January 6th prosecutions immediately. And while they're reapplying for their jobs, maybe they need
00:44:06.360
to be reassigned to actual crime in this country, including migrant crime, including the Southern
00:44:12.840
border, including in D.C., for example, where carjackings, murders, robberies, and other violent
00:44:21.420
crime are at near record highs, right? So that's where these U.S. attorneys should be focusing instead
00:44:27.380
of chasing down every grandma who trespassed and took selfies on January 6th. So, and in Maine
00:44:34.100
Justice, you have, as you know, Jeff, because you've been the assistant attorney general for two of the
00:44:40.280
major divisions within the Justice Department, the environmental division and the civil division,
00:44:46.060
you have extensive experience in the Justice Department. You have extensive experience
00:44:51.740
litigating against the Justice Department when you were at a top law firm before the left tried to
00:44:58.380
destroy you. These litigating divisions, you have these chiefs, you have these assistant chiefs,
00:45:05.260
you have these career deputy assistant attorneys general. These leaders of these divisions all need
00:45:12.740
to reapply for their jobs. So the Trump, President Trump and his attorney general and his leadership
00:45:20.180
team at the Justice Department have the people they want in place to carry out the president's agenda,
00:45:27.420
because the American people elect the president. They don't elect Jack Smith or an assistant U.S.
00:45:34.240
attorney in D.C. or an assistant director of the FBI. They elect the president of the United States.
00:45:40.060
What are your thoughts on that? So, Mike, look, there's a statute that's, you know, very clear
00:45:45.420
in 28 U.S.C. that says that the attorney general can designate U.S. attorneys right off the bat and that
00:45:53.360
he can also designate who will be assistant U.S. attorneys. So it's possible to get control of this
00:46:00.540
apparatus very quickly. You know, if someone is in the chair who has the willpower and the intestinal
00:46:07.740
fortitude to do that, we also can transfer people to, as you said, work on actual crimes, right? You
00:46:14.700
know, we're dealing with a crisis of human trafficking at the border, right? We're dealing
00:46:19.420
with a fentanyl crisis. And instead of focusing on those matters, we're dealing with, you know,
00:46:25.260
having the top prosecutors finding the next most marginal January 6th defendant, as you pointed out.
00:46:30.700
That's a misallocation of resources. Whoever is running the Justice Department on January 20th at
00:46:37.660
12.01 p.m. needs to immediately freeze those prosecutions while they're looked at.
00:46:43.900
There's a pardon office inside the Justice Department. They need to begin looking at people
00:46:50.060
who've been abused in the system and had the book thrown at them for very minor offenses that were
00:46:55.340
selected prosecution as compared to the fact that Antifa and BLM were let off scot-free for past violent
00:47:04.460
episodes, not just sort of isolated particular defendants. And we also need to look, and President
00:47:12.700
Trump has said that he wants to do that, at Schedule F again, which was part of the end of the Trump
00:47:18.940
administration but didn't get finalized as a rule. Under that rule, virtually every lawyer at the Justice
00:47:24.620
Department who has, you know, power to write a brief, they're writing the brief, they're essentially
00:47:30.620
formulating the policy of the United States. And, you know, they often try to color within the lines,
00:47:35.660
but I know and have worked personally with lawyers at the Justice Department who do not. And if they're
00:47:41.020
wielding substantial policy power like that, then they are not really just part of some kind of neutral
00:47:47.660
career civil service. They're not the equivalent of somebody at the post office who's like selling you
00:47:52.940
stamps and deciding how much postage you need, right? That, you know, the Justice Department lawyers
00:47:58.540
are operating at a far higher level than that. And there should be much greater latitude and there
00:48:03.580
would be under Schedule F for the president to clear those people out. And, you know, we can put people
00:48:09.900
in holding patterns while we look at their records, et cetera, and, you know, put in people to run the
00:48:15.660
department from day one who are going to try to advance the president's agenda and restore, you know,
00:48:21.660
neutrality at the Justice Department. I think when I talk about the Justice Department not being
00:48:26.060
independent, that's always spun into an idea of, oh, you want it to be President Trump's personal
00:48:32.220
arm of vindiction. Like, no, that's not what the argument is. The argument is that at the moment,
00:48:37.020
the Justice Department is weaponized and biased against Republicans, conservatives,
00:48:41.420
MAGA, President Trump. We need to end that. We need to observe equal protection. But we're not entirely
00:48:49.180
neutral in the sense of the president's agenda and its advancement. That is the objective of
00:48:54.780
the Justice Department as part of the executive branch, Mike.
00:48:57.900
Amen. So, Jeff Clark, we're running out of time here. How do people find you online?
00:49:04.300
So, my coordinates are Jeff Clark U.S. on X and Getter and at Real Jeff Clark on Truth Social. And
00:49:11.900
you can follow my work and the work especially of my colleague, Mark Paoletta, on the center's website,
00:49:20.140
which is americarenewing.com, Mike. Thank you, Jeff Clark, for joining us. And thank you
00:49:26.220
to the War Room Posse for watching another episode of The War Room. I am Mike Davis, the viceroy, the next
00:49:34.620
pan-up, standing in for Stephen K. Bannon, who Biden and Kamala have to clink until the week before the
00:49:40.940
election. But he's going to come back and come out roaring for the election. So, brace yourselves.
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America is standing on the brink of an election meltdown. And Jim Rickards, editor of Strategic
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