Bannon's War Room - WarRoom Battleground EP 627： Stopping The Steal In Battleground States Through Legal Defense

00:00:00.000 This is what you're fighting for. I mean, every day you're out there. What they're doing is blowing

00:00:11.500 people off. If you continue to look the other way and shut up, then the oppressors, the

00:00:18.500 authoritarians get total control and total power. Because this is just like in Arizona. This is

00:00:24.220 just like in Georgia. It's another element that backs them into a quarter and shows their lies

00:00:29.000 and misrepresentations. This is why this audience is going to have to get engaged. As we've told you,

00:00:33.140 this is the fight. All this nonsense, all this spin, they can't handle the truth.

00:00:38.340 War Room Battleground. Here's your host, Stephen K. Bannon.

00:00:43.980 It is Friday, October 4th in the year of our Lord, 2020, 2024. I'm Mike Davis, the viceroy,

00:00:52.840 standing in for Stephen K. Bannon, who Biden and Kamala have in the clink during the election

00:01:00.020 season. We have a great show today. We have three of my friends who are heavily involved

00:01:06.320 in election integrity and this fight for President Trump. We have Steve Kenney, who is a senior

00:01:13.540 litigation counsel at the Republican National Committee, who is going to give us a detailed

00:01:19.640 update on what the R&C, the Trump R&C, is doing on election integrity. Then we have Mark Lucas

00:01:27.280 from my Article III project, who will give us a quick update on what the War Room Posse can do

00:01:33.300 for action, action, action. And then we have all-star attorney and my friend Jeff Clark, who's going to

00:01:40.480 come on in the second half of the show and talk about what Jack Smith is up to and what the Trump

00:01:48.940 47 Justice Department needs to do to clean house and to restore justice. But let's start with my

00:01:56.760 friend Steve Kenney. Welcome to the War Room, Steve. Thank you, Mike. Yeah, so let's talk about

00:02:02.920 Steve Kenney, just to introduce you to the War Room. Steve Kenney went to Harvard Law School,

00:02:08.580 and I went to Iowa Law, so of course I needed Steve Kenney's brain. So I hired Steve Kenney to

00:02:14.200 come work on the Senate Judiciary Committee when I was then-Chairman Chuck Grassley's chief counsel

00:02:20.120 for nominations. And I would tell Steve Kenney that I want to break a bunch of stuff in the Senate. I

00:02:25.980 want to break every piece of China in the Senate and confirm all Trump's judges. And you need to come

00:02:31.400 up with a way to make it look rational and sane and that we're following precedent. And Steve Kenney had to

00:02:37.100 put lipstick on a pig every day. And he was the secret weapon behind then-Chairman Chuck Grassley's

00:02:44.160 wildly successful two-year run of confirming President Trump's judges. So thank you for

00:02:50.880 that, Steve. You're now at the RNC. You're playing a pivotal role there on election integrity. So let's

00:02:58.180 talk about that. There's a lot of concern. I get a lot of questions whether the RNC is doing enough.

00:03:04.400 And I think that this discussion today is going to reassure the war room posse that President Trump

00:03:10.640 and his RNC chairman, Michael Watley, and his legal team led by you and others that were on top of

00:03:18.160 this. So let's talk about that. Tell us what your thoughts are on the overall national stage on

00:03:24.920 election integrity. Yeah. So thanks, Mike. So the RNC is currently in the middle of its most active

00:03:33.460 litigation docket of any cycle in history. We have been involved in 126 cases across 26 states this

00:03:43.220 election cycle alone. Our cases typically fall in one of two buckets. We're either intervening in cases to

00:03:51.400 defend election integrity laws that are on the books and under attack by left-wing litigants,

00:03:57.700 or we're filing lawsuits ourselves against state officials for violating election laws.

00:04:05.320 On the defensive side, the RNC plays an extremely important role in a lot of cases, especially when

00:04:12.600 Democratic officials, which happens often for political reasons, refuse to defend the election

00:04:21.100 integrity laws that are on the books. So it falls to the RNC as an intervener to go in there and defend

00:04:28.640 the law. But we've also made it a priority in this cycle, and this is in large part because of the

00:04:36.020 leadership of President Trump and Chairman Watley to be more proactive in our litigation. So we've

00:04:43.880 challenged election officials across the country when their actions violate the law. And we've also

00:04:50.360 challenged laws and regulations that are on the books because we believe they're unconstitutional

00:04:55.880 or violate federal law, which is a strategy that the left has done a lot more than we have. But

00:05:03.100 we've started to make that a part of our national strategy.

00:05:07.460 Good. Let's talk about the various states. We have seven swing states, and we'll go through each

00:05:13.660 one of these. Pennsylvania, Michigan, Wisconsin, North Carolina, Georgia, Arizona, Nevada. What are we

00:05:19.400 doing in Pennsylvania? So in Pennsylvania, obviously a critical state this cycle. Litigation in Pennsylvania

00:05:28.360 in recent years has centered in large part on what's called the dated ballot requirement.

00:05:34.220 Absentee voters are required to sign and date their ballot envelopes. Over 99 percent of voters comply

00:05:41.720 with this basic requirement, but the left has just been relentless in challenging it. And unfortunately,

00:05:48.540 Pennsylvania officials have refused to defend it. So this is the type of case that the RNC and

00:05:53.440 Pennsylvania GOP have taken responsibility for defending. So we've successfully defended it

00:06:00.120 three times so far. In the Pennsylvania Supreme Court in 2020, after certain counties were just

00:06:07.380 disregarding the requirement and counting undated ballots, Pennsylvania Supreme Court said that the

00:06:12.380 election code is a mandatory provision and you can't count those ballots. Earlier this year,

00:06:17.900 we had a major win in the U.S. Court of Appeals for the Third Circuit in an extremely important case.

00:06:24.640 So the left has brought a lot of challenges to absentee voting rules around the country in just the last

00:06:31.040 few years based on a law called the Materiality Provision of the Civil Rights Act. So we argued,

00:06:38.980 and a panel of the Third Circuit—and it's kind of crazy—it was an all-democratic panel,

00:06:45.220 liberal judges—agreed with us that the materiality provision just has no application whatsoever

00:06:51.260 to ballot casting rules. It only applies at the voter registration phase of the process.

00:06:57.300 So this is a huge win, not just for the dated ballot requirement in Pennsylvania,

00:07:01.540 but it sets important precedent around the country where a lot of challenges are based on that same law.

00:07:08.240 Steve, why is it important for these ballots to be dated and signed properly? Why is that important? What does that do?

00:07:19.820 Well, like a lot of activities in daily life, you're required to sign and date things,

00:07:26.360 and voting is just as important as any other activity. But it's also true that the date requirement

00:07:34.960 has in the past uncovered instances of voter fraud. For example, a ballot was received from a deceased

00:07:44.920 voter, and law enforcement officials investigated, and they were able to get the evidence because

00:07:51.820 the ballot was dated after the person had died. So it does perform a very important voter integrity

00:08:02.840 function. Great. What do you have left? Did you have anything more on Pennsylvania before we

00:08:07.940 turned to Michigan? Just that we also won on this issue for a third time in the Pennsylvania Supreme

00:08:13.760 Court a couple weeks ago, vacated a Commonwealth Court decision that struck it down under the

00:08:18.740 Pennsylvania Constitution. So that's the third win that we had. But because that's—the issue is still

00:08:25.240 alive because that was a jurisdictional decision. So we are now currently defending the law again,

00:08:30.540 this time in a court decision coming out of Philadelphia, and then again in the Pennsylvania

00:08:35.140 Supreme Court. So I expect, you know, that issue is still unresolved, but we're hoping to continue

00:08:39.740 our win streak. And Pennsylvania, as everyone knows, is the key state. If Trump wins that state,

00:08:45.040 he wins the White House. What's going on in Michigan?

00:08:48.320 Yeah. So we have a lot of proactive litigation in Michigan. Secretary of State Jocelyn Benson is one of

00:08:54.200 the most activist election officials in the country. She's openly flouting the law to achieve her policy 1.00

00:09:01.840 preferences. So unsurprisingly, we have sued and won three times against her just this year.

00:09:10.800 Our first win came earlier this year when we discovered that Secretary Benson was issuing

00:09:16.360 secret instructions to municipal clerks. So not public guidance, but secret instructions through

00:09:25.220 a communications portal that said that you have to presume the validity of absentee ballot signatures

00:09:33.340 before approving them to be counted. The problem was she issued public guidance on that with those

00:09:41.660 same instructions a few years ago, and that was struck down. And she turned around and then decided to try to

00:09:46.220 do it secretly and hopefully not get discovered. But when we discovered it, we went to court.

00:09:52.260 The judge agreed with us that these instructions to the presumption of validity violates the

00:09:57.660 Michigan Constitution, which requires a neutral verification of these signatures,

00:10:04.080 comparing them to the signature on the voter file, without putting the thumb on the scale of

00:10:09.300 approving the signature. That's a huge win. And what do you have in Wisconsin?

00:10:14.180 Wisconsin is a pretty tough state these days from a litigation perspective in light of the new liberal

00:10:23.360 majority on the state Supreme Court. But despite that, we've achieved some marquee wins. We've

00:10:30.560 successfully challenged a Wisconsin Election Commission policy that allowed voters to essentially

00:10:38.500 submit their absentee ballot, then go to the election clerk's office, retrieve it, spoil it, and vote

00:10:46.380 again. So essentially just re-voting, which obviously an in-person voter couldn't do.

00:10:52.680 Court said nothing in Wisconsin election law allows this and struck down that policy. So that policy will

00:10:58.880 not be in effect for this November. But we also have wins against specific municipalities.

00:11:04.380 The city of Appleton, for example, was refusing to hire Republican special voting deputies, which are

00:11:12.260 people who go to nursing homes and residential care facilities to administer elections there.

00:11:17.760 The city agreed to settle with us. So that sets some important precedent that cities can't be doing

00:11:23.560 that going forward this election cycle. We also had wins against the city of Milwaukee

00:11:29.400 and the city of Green Bay to ensure enhanced access for poll watchers during the early voting process.

00:11:39.860 And we're currently in litigation against the city of Racine regarding its failure to hire Republican

00:11:47.980 poll workers in violation of the state's partisan parity requirement for hiring poll workers.

00:11:54.660 What do we have in North Carolina?

00:11:58.860 A lot. So they have a Democratic majority state board of elections. And so we've filed numerous

00:12:07.240 lawsuits against them in just the past few months. We got a major win last week. The board had approved

00:12:14.520 an application by some individuals to allow the University of North Carolina's digital

00:12:22.160 student identification card to be a valid form of voter ID. We sued. Our argument was that state law

00:12:32.100 clearly requires a physical, tangible ID card and not just a file on a computer.

00:12:39.440 And so the board acted outside the scope of its authority in terms of allowing those IDs. And

00:12:45.140 Court of Appeals last week issued a decision in joining the board. And so therefore,

00:12:49.820 college student digital ID cards will not be accepted in this election. But we also filed another major

00:12:59.160 lawsuit just earlier this week regarding overseas voters. So a North Carolina statute purports to allow

00:13:07.080 overseas individuals who have never resided in North Carolina to nevertheless claim residency,

00:13:14.820 register to vote and cast ballots. The state constitution clearly requires that a person

00:13:21.860 have resided in North Carolina in order to be eligible to vote. These overseas individuals are

00:13:28.220 not covered by the federal UOCAVA statute. So there is no basis for allowing these folks to register to vote and

00:13:36.940 cast ballots. So what we're asking the court to do is just prohibit that subset of overseas voters from

00:13:43.220 counting ballots in North Carolina. What do we have in Georgia?

00:13:48.700 Georgia's probably been our busiest state this election cycle. We've got multiple lawsuits going on.

00:13:54.340 Most of them are interventions that pertain to Senate Bill 202. Senate Bill 202 is an omnibus

00:14:02.040 election integrity law that was passed in 2021 after the problems with the 2020 election and meant to

00:14:09.320 address a lot of those. Nearly all of that law will be in effect for this November because we defeated

00:14:15.580 numerous preliminary injunction motions, including ones to try to stop dropbox security requirements,

00:14:25.800 going after ballot harvesting restrictions. And we defeated a preliminary injunction motion filed by

00:14:32.080 Biden's Department of Justice to basically try and get the entire law thrown out. Also defended the state's

00:14:37.980 new deadline for requesting absentee ballots, which is now 11 days before Election Day. Plaintiffs tried

00:14:44.520 to get that closer to Election Day, but were defeated. And we're currently in the middle of

00:14:49.220 defending some really important regulations that were passed by the state election board over the last

00:14:54.980 few months, including a new rule that allows election boards to conduct a reasonable inquiry into election

00:15:03.980 results before actually certifying those results, which is pretty common sense in my view. Also defending

00:15:13.340 dropbox security protocols and a requirement to hand count ballots at the end of Election Day to make sure

00:15:22.360 that they match up with the results that are being reported.

00:15:25.100 And what is happening in Arizona, Steve?

00:15:29.760 So Arizona, we had some really important major wins this cycle, including at the U.S. Supreme Court.

00:15:36.580 So we successfully defended mandatory citizenship verification requirements that apply during voter registration

00:15:44.640 and to conduct regular voter list maintenance activities. We successfully defended the new

00:15:52.080 election day deadline for curing mail ballot errors as opposed to allowing all that to happen in the days

00:15:58.080 after the election. And then although the district court in one of our cases struck down documentary

00:16:05.800 proof of citizenship requirements to register to vote and participate in elections, we have appealed that.

00:16:11.620 And we also sought stays pending appeals. So basically asking the court to allow Arizona to enforce those laws

00:16:18.360 while the appeals while the appeal is pending. And the U.S. Supreme Court granted us that relief

00:16:23.620 on one of the documentary proof of citizenship provisions. So Arizona is able to require documentary proof

00:16:30.680 of citizenship with its state form registration applications or else the application is rejected.

00:16:38.200 So we're continuing to defend these requirements. The appeals are in the Ninth Circuit right now,

00:16:43.500 but I bet a lot of them will end up at the U.S. Supreme Court.

00:16:47.920 Those are huge wins in Arizona. Let's talk about, finally, Nevada. What are we doing in Nevada?

00:16:54.100 So Nevada, we filed what I think is a pretty landmark lawsuit on the issue of non-citizen voting,

00:17:01.160 challenging the lack of citizenship verification procedures in the voter registration process.

00:17:06.640 So what we learned from evidence from 2020 litigation is that there are more than 6,000 potential non-citizens,

00:17:14.860 there were in 2020, more than 6,000 potential non-citizens on the voter rolls.

00:17:20.740 That information was found by comparing records from the Department of Motor Vehicles,

00:17:27.480 voters who used immigration documents to get a driver's license and comparing them to the voter rolls.

00:17:32.260 And there were more than 6,000 matches. And most troubling is that almost 4,000 of those

00:17:37.920 individuals cast a ballot in the presidential election. Survey data suggests that at this time,

00:17:46.860 there are approximately 10,000 non-citizens on the voter rolls that are at risk of casting a ballot.

00:17:53.480 And this large number of non-citizens on the rolls is directly attributable to the fact that Nevada just

00:18:00.640 doesn't have any citizenship verification built into the voter registration process. Other states that

00:18:08.960 have them have much lower rates of non-citizen voter registration. And our view is that this is

00:18:19.220 unconstitutional because by allowing non-citizens to cast ballots, you're diluting the votes of citizens 0.82

00:18:24.620 and impinging on their right to vote. So we filed that case. And we also have a case challenging

00:18:32.380 a state policy that ignores a key requirement in state law. Ballots can be received after Election

00:18:41.500 Day in Nevada, but they have to be postmarked on or before Election Day. There's a slight caveat that

00:18:47.220 says if the date of the postmark cannot be determined, then it's presumed to have been postmarked on time.

00:18:53.300 The problem is the secretary of state and the large counties are interpreting that provision,

00:18:58.100 that exception, to say, you don't need a postmark at all. You can just, you know, no postmark,

00:19:04.380 illegible postmark. We'll count that ballot anyway. So we filed a lawsuit. Our preliminary injunction

00:19:10.760 motion was denied primarily on standing issues. But we've appealed that to the Nevada Supreme Court,

00:19:17.640 and there is an oral argument next week in front of the full court.

00:19:20.440 I think the bottom line is this, to the war room posse, that President Trump,

00:19:26.540 Trump's RNC chairman, Michael Watley, and the litigation team at the RNC, led by Steve

00:19:33.700 Kenney and others, they are on top of it this election cycle. We're not going to wait until

00:19:38.740 after the election to bring legal challenges. They are doing legal challenges before the election,

00:19:44.580 because if you wait until after the election, it is very, very hard to get a favorable result out

00:19:51.460 of a court. So I appreciate your efforts. We may have you back on, Steve Kenney, to update us again

00:19:57.000 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.

00:20:10.040 Well, anyway, thank you very much, Steve Kenney for, uh, for coming on. And next up,

00:20:14.340 we're going to bring on Mark Lucas from the article three projects. Uh, my right hand man there,

00:20:21.380 Mark, uh, we have a few minutes here. Let's go through, you heard what Steve Kenney said

00:20:26.340 from the RNC on the seven target states, along with the national scene with non-citizens voting.

00:20:33.440 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

00:21:01.120 states. Uh, in fact, Elon Musk had just retweeted last night about the influx of illegal migrants to

00:21:08.020 all of these battleground states, some of them exceeding over 700% for the authorized numbers in

00:21:14.580 those states. So if you look at a3paction.com, or you can go to article number three project.org,

00:21:21.600 our action center allows you to reach out to these elected officials and these county election

00:21:27.820 officials who are responsible for ensuring that they check the voter rolls and that no non-citizens 1.00

00:21:34.460 are on those rolls. So for instance, Steven Richard, who's in Maricopa County, he's a lame duck, 0.93

00:21:41.540 washed up county recorder. He lost his primary battle. So he has nothing to lose between now and election 0.95

00:21:47.300 day. And Maricopa County has been plagued with election problems since 2020. The law specifically

00:21:55.060 requires every county recorder in Arizona to perform monthly list maintenance to confirm the citizenship

00:22:02.400 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

00:22:44.920 on citizenship with the state legislature and with the Wisconsin Election Commission.

00:22:50.080 They found that 90,000 non-residents have a driver's license or a state ID. And to put that in

00:22:57.400 perspective, President Trump won 2016 by 27,000 votes. Joe Biden supposedly defeated President Trump by

00:23:05.020 20,000 votes. So that 90,000 number of citizens, non-citizens with driver's licenses, could play a major

00:23:12.360 factor in the state of Wisconsin. In Pennsylvania, we're urging people to reach out to the governor,

00:23:19.640 Josh Shapiro, and to also their secretary of the Commonwealth, Al Schmidt, to ensure that non-citizens 0.99

00:23:26.260 aren't allowed to vote. It was recently reported in the state of Pennsylvania that at least 600,000

00:23:32.500 non-citizens have a state ID. So we see this same tactic being employed all across the country by the left.

00:23:39.800 They do not want to verify citizenship on their voter rolls. And we have a major threat of non-citizens 1.00

00:23:46.860 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

00:24:15.140 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 1.00

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 0.82

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.

00:31:09.440 War Room Battleground with Stephen K. Bannon.

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. 0.90

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 0.90

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?

00:49:02.140 What are your coordinates?

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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Bannon's War Room - October 04, 2024

WarRoom Battleground EP 627： Stopping The Steal In Battleground States Through Legal Defense

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