EPISODE 626： SUPREME COURT COULD OVERTURN TRUMP INDICTMENTS, FREE J6 DETAINEES
Episode Stats
Words per Minute
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Summary
On today's show, Jack Posobiec talks about the latest in the Watergate scandal, the ongoing investigation into the death of former Vice President Joe Biden, and the ongoing case against former President Donald Trump's son, Donald Trump Jr.
Transcript
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Ladies and gentlemen, we know Christmas is coming, but before Christmas, the gathering
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Tucker Carlson, Candace Owens, myself, Donald Trump Jr., Steve Bannon, Roseanne Barr, yeah,
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that's right, Rob Schneider, James Lindsay, and so many more are going to be at this year's
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Turning Point America Fest, December 16th to 19th, 2023, Phoenix, Arizona, you are going
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to be there, your presence is required, go to amfest.com and use promo code POSO, that's
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promo code POSO, amfest.com, secure your tickets now, don't come crying to me when this thing
00:00:47.780
is sold out like it does every single year, amfest.com, promo code POSO.
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This is what happens when the fourth turning meets fifth generation warfare.
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A commentator, international social media sensation, and former Navy intelligence veteran.
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This is Human Events with your host, Jack POSOBIC.
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U.S. National Security Advisor Jake Sullivan is heading to Israel to talk about another
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ceasefire, getting more hostages released, and expanding humanitarian aid.
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The United Nations is demanding a humanitarian ceasefire, and ABC's Tim Pulliam has more.
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If I may finish, Abby, if I may finish, Abby, I'm not cherry picking.
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To the contrary, to the contrary, you know who cherry picked?
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And say that that is what happened on January 6th.
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The government cherry picked 12 hours of footage when there was 200 hours of footage.
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The Supreme Court says it will hear appeals that could upend hundreds of charges stemming
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from the Capitol riot, including against former President Donald Trump.
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Now they're saying, let's rush it to the Supreme Court.
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And now they're saying, we have to go immediately before the Supreme Court.
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This thing would have all been over with two years ago.
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But they waited and waited and waited, and then they saw I was running, and they waited,
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and then they saw I was hot, and they filed lawsuits.
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Mr. Biden's counsel and the White House have both argued that the reason he couldn't come
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for a deposition was because there wasn't a formal vote for an impeachment inquiry.
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And when that happens, we'll see what their excuse is then.
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What they're trying to do is they're trying to kill me, knowing that it will be a pain
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greater than my father could be able to handle.
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From a presidential perspective, is there any possibility that the president would end
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Ladies and gentlemen, welcome aboard today's edition of Human Events Daily, live from Phoenix,
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We're out here for AmericaFest, which is going to be starting in just a few days' time.
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And no, today is not my birthday, even though Wikipedia, for some reason, says that it is,
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and I see everybody is going on there to Wikipedia, and they're all wishing, which I appreciate,
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But it's actually a great example of how the left or any left-of-center organization like
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Wikipedia, which we know is controlled by the Reddit left, is completely dominated by
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Reddit neckbeards and atheists, and they will lie about even the little things.
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Talking Point Memo had this weird lie the other day in an article saying that I held a secret
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meeting before the New York Gala with Matt Gaetz, Kash Patel, and myself at a hotel off-site
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If we did, that would have been based, and I'd be more than happy to.
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But no, we didn't actually hold a meeting there.
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Tanya and Amanda were getting their hair done together.
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I was getting my suit ready, getting my tuxedo.
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You know, the kind of stuff you do before you're going to an event.
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It's, you know, they look at this stuff and it's like, oh, so we're all staying in the
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Oh, because it's in Manhattan and it's across the street from Cipriani's, and so we're all
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And the January 6th cases because the DOJ, Merrick Garland, has just played a huge mistake.
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He's just made a move that might destroy not only the Trump indictments, but actually free
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the January 6th detainees because it would overturn their convictions.
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Julie Kelly will be with us later in the show to walk through all of it, but basically it
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comes down to whether or not President Trump and the January 6th protesters were attempting
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to obstruct Congress, whether or not they were planning to obstruct Congress or their
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And yet Jack Smith, the insane and deranged individual who is running this inquisition
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for Merrick Garland, has put this all together.
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Some of those January 6th defendants actually got the obstruction charge taken off when it
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But Merrick Garland and the DOJ said, no, that's not good enough.
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We need that obstruction charge in because we need it to go after Trump.
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And because it's going to the Supreme Court, the Supreme Court that's now stacked because
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it's the Trump court of actual originalist jurists, judges who are actually going to look
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at the intent of our founding fathers and the framers when they wrote the thing in the
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first place, they're going to look at this thing and Jack Smith is going to get laughed
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out of court and all the never Trumpers who'd lined up behind DeSantis because they said
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that Trump is going to be convicted and he can never be president.
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So I'll tell you right now, the only option for you left, bend the knee, bend the knee
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Ladies and gentlemen, one of the best ways that you can support us here at Human Events and
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the work that we do is subscribing to us on our Rumble channel.
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You hit the notifications so you'll never miss a clip.
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And we're putting them out every single day of the week.
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In the hood, I rolled with bloods and them boys had a saying.
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You can't be listening to all that slappy whack, trim out his all, it's a bam ship, nippy
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bam, bam, like Human Events with Jack Posobiec.
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All right, Jack Posobiec back here, live Human Events Daily.
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We're on location, Phoenix, Arizona, getting ready for America Fest.
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And folks, I know there's a lot to be nervous about out there.
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You open up social media, you turn on the news and all you see is crime, societal decay.
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A lot of people just run out and buy a gun and you get the gun, but then it sits in your
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Like if there's ever going to be an emergency, they're not going to be prepared.
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They'll run the risk of hurting themselves or others.
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When you have a firearm, you need to train on it and train often.
00:07:58.300
Unfortunately, it is time consuming to go to the range, assuming there's even one nearby
00:08:01.940
and the ammo prices, thanks to Biden inflation, there through the roof.
00:08:05.140
Well, iTarget was invented so that you could practice any time in the safety and convenience
00:08:10.540
Simply download the iTarget Pro app, load your caliber-specific laser bullet into your firearm
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This Christmas, you can practice alone, compete with friends or use it to safely train friends
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Go to iTargetPro.com and get 10% off at checkout when you use promo code POSO.
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This is the smartest, safest way to train, which is why competitive shooters trust dry fire
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In fact, even when I was in the Navy, we had Navy SEAL trainers tell us, use dry fire
00:08:39.280
to maintain your physical readiness when it comes to all muscle memory.
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It's the first time we've had him on the show, but I guess you could say I've known him through
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He's someone that we've certainly talked about.
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We've covered front and center because his case and his story are front and center to
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everything that's going on in our republic from 2016 all the way to today, how we've
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And by the way, the story of someone who has lost so much but never been willing to back
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Ladies and gentlemen, the great Douglas Mackey, the most dangerous meme lord in the entire
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You at one point thought that you were going to be reporting in just a couple of weeks,
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if I remember correctly, it was right around the Iowa caucuses, to federal prison, just
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like Owen Schroyer, who got out in about 47 days.
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You were facing seven months, but that has now been lifted.
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Walk us through what you were facing and walk us through what happened.
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So, yeah, I was sentenced to seven months in federal prison, in my case, for posting a
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And we moved to be released on bond pending appeal.
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Back during the sentencing, that request was denied by the district court judge.
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We went to the Second Circuit Court and appealed, and they overturned the decision.
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Basically, the judges in the Second Circuit Court ruled that we have a close or debatable
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And I really look forward to the Second Circuit resolving this appeal, potentially.
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Or if we have to go up higher, we have to go to the Supreme Court.
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Well, and so that means, and the real good news for all of this is that you can be home.
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You were already going to be home for the Christmas holidays, for New Year's.
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Now you're home indefinitely while this appeal stays out.
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This, by the way, you know, for folks that have been tracking, this is the same situation
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Except in Bannon's case, it was originally ruled that even though he was sentenced to four
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months for contempt of Congress, even though Hunter Biden, by the way, who ditched on Congress
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yesterday, they haven't even voted to hold him in contempt.
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But in Bannon's case, the judge, and I sat through his trial in D.C., the judge allowed
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him to stay out on appeal while his appeal was appending throughout.
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So that's currently why he has been able to continue doing his show, continue doing War Room.
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You, you know, I want to be very clear, this was not like a violent crime.
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This was not some, you're not some career criminal.
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But maybe you are a dangerous threat in a sense to certain quarters of the country in
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Do you think that that was the overtone of why they threw the book at you so hard and
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why they gave you something like this, a seven-month prison sentence for a crime that,
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by the way, has never been charged before in terms of someone going to jail for a meme?
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There are thousands of people spreading these kind of jokes or satirical tweets or even just
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trying to get people riled up by sharing these kind of election jokes.
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Reuters and The New York Times both reported that this is a novel case, that there was
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great debate within the Justice Department to even bring this case.
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And it wasn't until after Biden won the election in 2020 that they decided to press forward with
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this case once they got rid of the Trump people in the Judicial Department.
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So seven days after Biden was inaugurated, there was a knock on my door, eight to ten law
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enforcement agents. I had no idea what I was being arrested for.
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I only found out later when they took me out of leg irons at the federal courthouse and gave me the
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criminal complaint. And then they're saying, you're being charged because you posted these memes
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And it was really surprising that we weren't granted bond, to be quite honest with you.
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But this decision by the appeals court just shows that this case is winnable.
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I need everybody to jump in here on the appeal.
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Go to memedefensefund.com and donate to this appeal because it's very expensive in the federal
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I have excellent attorneys. And this case is not even just about me.
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This case is about the American people because this case is about our liberties.
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This case is about a chilling effect on free speech where people are not going to share their
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thoughts or even joke around with their friends if they think that eight to ten law enforcement
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agents are going to knock on their door four years later.
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And not only that, this case is also this statue is being used against President Trump.
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So this case is very important. It's about abuse of the statute.
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So everybody go to memedefensefund.com and pitch into this to fund this appeal.
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You must go to memedefensefund.com, memedefensefund.com.
00:14:31.080
And it's about Doug, but it's not just about him because it's about everyone's right to freedom
00:14:41.280
Who's to say they can't do this to you tomorrow because they've set a precedent.
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They are trying to get a precedent on the books that people can be criminally prosecuted for
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And we know this is part of what I've called the three-tier system of justice in this country
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where Trump and Trump supporters face one tier that is higher than everyone else, where
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they will twist laws around just like the NKVD used to do during the Soviet Union in order
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And as you say, actually, and as people go to memedefensefund.com, I know people are going
00:15:14.300
But Doug, walk me through that again, because you said eight to 10 federal agents showed up
00:15:22.280
Well, it was eight to 10 law enforcement agents.
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It was actually four FBI agents plus the local law enforcement.
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I mean, they just, you know, those guys are great local law enforcement, but they just,
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they go along with the FBI on these kind of arrests.
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But eight to 10 law enforcement agents, we have a warrant for your arrest.
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They just put me in handcuffs, put me in the SUV and drove me away to federal court.
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And I had to sit in a holding cell waiting for my arraignment because of COVID delays.
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So I put my mask on and go sit in front of a camera to talk to the judge on Skype with
00:16:03.680
But something I want to point out, too, is this case, I was arrested for something that
00:16:09.500
happened in 2016, just four years later from the Twitter files.
00:16:13.580
An FBI agent that probably a lot of your viewers are familiar with, Elvis Chan, was communicating
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They were going to serve process on everybody who made a joke about the election.
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So you think you have a right to privacy in this country?
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If you make a joke about the election, they're going to serve process on you.
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They're going to dig through all your tweets, all your direct messages, all your text messages.
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They're going to dig up all your finances to see and try to determine your intent, to
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see if you were joking or if you were trying to really trick people out of voting.
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So they've already decided, and this is, by the way, this is the same guy who went to
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Twitter and had them, I asked Elon Musk about this recently, and about, he was the guy who
00:17:01.920
went to Twitter in 2020, got them to censor the Hunter Biden tapes, or the Hunter Biden
00:17:06.480
And you're saying that he was also focused on subpoenaing everybody who was using Twitter,
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and this is why they were going after Trump's account.
00:17:13.900
We know Jack Smith has already done this, to go after everyone who followed, liked, or
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retweeted a Trump post, and then potentially going through all of this.
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So that's how you get your list of Trump supporters.
00:17:22.740
Then you whittle that down to all of their posts about the 2016 election, and then they
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How did you, I've had a little bit of experience with that, nowhere near your level.
00:17:37.240
But just real quick, we have one minute before the break.
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I want to hold you over, before they knocked on your door, all right, you're sitting there,
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you're living your life, it's been years in the past.
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What went through your mind when that knock on the door came and you heard, law enforcement,
00:17:54.620
Well, to be honest with you, there's a great scholar who wrote a book called Three Felonies
00:17:59.480
a Day about the federal government coming after you if they want to, and the way that they're
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able to abuse these statutes to make the arrests they want.
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But on the other hand, you think they could dig up things and put together prosecutions
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So even if you're a completely law-abiding citizen who doesn't do anything wrong, well,
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I was almost not even surprised that it was happening to me in this country seven days after
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That's kind of a sad commentary on where we're at as a country.
00:18:34.780
And people have to remember that when Biden was inaugurated, all of Washington, D.C. was
00:18:40.420
occupied under military occupation, the National Guard, 25,000 troops, the fencing that went
00:18:52.180
I got in trouble for filming some of the military emplacements around our Capitol.
00:18:59.640
It was the first president in years that was inaugurated in private like this, rather than
00:19:27.220
We're in Phoenix, Arizona, getting ready for America Fest.
00:19:32.000
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00:20:36.440
We're continuing our interview with Douglas Mackey, the most dangerous meme lord in America,
00:20:46.160
Go to memedefensefund.com right now and sign up, not just to defend Doug, but to defend
00:20:53.000
the right to meme, the right for freedom of speech and freedom of expression in our country,
00:20:57.520
because it is currently the regime that is cracking down on that.
00:21:01.360
And this is something that's kind of been bigger.
00:21:03.600
So, Doug, you know, I was around there on Twitter in 2016 with you, with a lot of people,
00:21:09.320
you know, Cernovich, et cetera, ALX, you know, all these names, a lot of us are kind of still
00:21:18.320
Then Twitter goes from where it was in 2016, where it was totally free, to this interregnum
00:21:25.120
period of just dark censorship, mass censorship, really pushed by Vijaya, who was empowered
00:21:32.540
And now Elon Musk comes in, and Elon Musk actually said to me when I interviewed him
00:21:38.060
a couple of days ago, that if the FBI came to him and asked him to censor content that
00:21:42.920
he considered legal content, that he'd rather go to prison himself than actually take anything
00:21:51.000
My question for you, and as we're defending memes, we're going to memedefensefund.com,
00:21:55.680
what is it about the power of a meme and the power of the distribution method for people
00:22:01.640
being able to share these things freely that poses such a threat to the people in power?
00:22:09.260
So when we're talking about memes, really what we're talking about is the democratization
00:22:17.160
Each meme is just a political cartoon, essentially.
00:22:20.540
Now, imagine how difficult it would be back in the day to share your own political cartoons.
00:22:26.460
It would be borderline impossible unless you're a professional.
00:22:28.880
You would have to, you know, draw it up, make copies of it, pass it out.
00:22:34.360
I guess you could also say pamphleteering back in the day.
00:22:37.580
And also in communist countries, they had same as that.
00:22:44.920
And in communist countries, underground literature and copying and sharing of underground literature,
00:22:51.760
So memes are only as powerful as the message that they convey.
00:22:56.020
And they're essentially just political cartoons.
00:22:58.740
And they ridicule, in a lot of cases, powerful people.
00:23:03.400
That is why they hate these memes, because it used to be, to ridicule powerful people,
00:23:08.240
you'd have to be a professional getting your political cartoons into the newspaper.
00:23:12.780
Or you'd have to be pamphleteering, which, you know, there's limited spread of that.
00:23:18.420
So this is essentially just democratization, where you can spread your own memes,
00:23:26.580
Not only that, it's very easy to make your own if you want, and the best rise to the top.
00:23:31.880
So this is why it's so dangerous to the powers that be.
00:23:45.160
And you're using the distribution networks of social media to get that out.
00:23:48.660
And it's so incredible that you mentioned that, because what you just said there about pamphleteering.
00:23:55.920
So Thomas Paine, he writes common sense in, you know, the 1770s.
00:24:00.180
This goes viral, but it was only able to go viral because of the publishing presses and
00:24:06.300
the printing presses, Ben Franklin in Boston and Philadelphia, and then others, that they
00:24:11.580
And then people are just sharing it out in taverns and stuff like this.
00:24:14.760
So it's the distribution network plus the ability of someone to say something.
00:24:19.760
What you just said in the communist countries in Russia, samizdat in Russian, literally is
00:24:28.180
And samizdat is like, I'm doing something myself.
00:24:31.340
So self-publication in samizdat is actually synonymous with dissent and political dissent
00:24:39.220
and these political dissent dissident writings.
00:24:41.580
The ability that Twitter gave us in 2016 to disintermediate the mainstream lies, the same
00:24:47.820
mainstream lies that in Soviet Russia were referred to as pravda, meaning the truth.
00:24:56.480
But because social media gave us the same tools that all of them did, the same way the
00:25:02.380
printing press gave the patriots of 1776 that actually took this country and instituted
00:25:08.860
this country in the first place, it really, to me, draws a direct parallel to between what
00:25:15.200
you were doing and really what everybody's doing when we're posting memes and we're getting
00:25:20.340
And I guess I would have to ask you, what do you think about, so obviously you were doing
00:25:24.700
that under Twitter 1.0, then we had sort of Twitter dark.
00:25:30.080
What are your views on the moves that Elon has taken in terms of freedom of speech when
00:25:34.640
I think it's very encouraging if you're an American, you believe in First Amendment and
00:25:42.000
It's very encouraging to have an open platform where sort of the best ideas can rise to the
00:25:48.100
And I like what he's done with the fact checking as well, the sort of community notes, distributed,
00:25:53.380
democratized fact checking that people can disagree with.
00:25:57.260
They can fight amongst themselves over what they think is true.
00:26:02.240
We don't have a top-down Ministry of Truth style information system.
00:26:10.000
But that is what's been going on in this country the last couple of years, where you have government
00:26:15.500
and non-governmental organizations attempting to create a sort of third-party Ministry of
00:26:24.320
And with an arm's length away from the federal government, where they can say, well, Biden's
00:26:36.700
And this is what the courts have always ruled, that the process of democracy is rough.
00:26:45.080
And the government's job is not to step in and say, this is true.
00:26:54.860
And I'm hoping that the courts, and I'm encouraged that the courts are probably going to step in
00:27:04.140
I'm very encouraged so far by the Second Circuit Court's decision, which, by the way,
00:27:08.520
was issued by a panel of judges that were appointed by all kinds of different presidents.
00:27:20.920
And look, we have separation of powers for a reason.
00:27:26.160
And if they don't, that's going to be sort of a sign that we've crossed the Rubicon.
00:27:31.980
Well, I think, and that's what we're going to be talking about when Julie Kelly joins us
00:27:34.940
in a minute here, because this is where finally some of these cases on from January 6th,
00:27:39.880
the Trump case, it's going up to the Supreme Court, and you're finally going to see the
00:27:43.960
Supreme Court, I believe, and I think a lot of people are now kind of reading it this way.
00:27:48.540
A lot of legal experts and analysts are saying the Supreme Court's going to step in
00:27:52.360
and really pump the brakes, honestly kind of slap down Merrick Garland and Jack Smith
00:27:59.020
And by the way, you know, just, and I'll say this, right, because, you know, I remember
00:28:04.040
the, you know, text your vote meme when it first came out.
00:28:07.380
I remember the Draft Our Daughters, I posted Draft Our Daughters like a million times,
00:28:14.320
But what people don't understand is the reason that text your vote became satirical.
00:28:21.040
The satire here is that Democrats were the ones that were pushing even back in 2016 for
00:28:27.200
stripping all integrity from the voting process, stripping all integrity from our elections.
00:28:34.960
The fact that they were switching around all of our election processes, and that's exactly
00:28:41.000
So, Douglas Mackey actually predicted what would happen in 2020 when they took away.
00:28:46.880
Remember, all of these plans were in place long before COVID.
00:28:49.600
They just, it was HR1, and they used COVID to implement this when it came to the mail-in
00:28:55.260
ballots, universal mail-in ballots, ballot drop boxes all over the place, the ability for
00:29:00.600
these mules to run around and collect them, that's essentially the true element of your
00:29:06.420
meme was the fact that the Democrats were actually pushing in this direction.
00:29:10.040
And what you were doing as, you know, Rush Limbaugh used to say this, you were illustrating
00:29:15.760
It's just the most basic fundamental tenet of satire.
00:29:21.420
That's a very important element, what you're saying, and that's lost on a lot of people.
00:29:26.300
Which actually brings me to an important element of this prosecution, which is venue.
00:29:30.820
This case was brought in the Eastern District of New York, which is Brooklyn, Queens, Staten
00:29:37.580
Even though nobody that they called a co-conspirator, including myself, had any connection to the
00:29:45.700
So essentially what they're doing is saying, you posted a meme elsewhere, or you conspired
00:29:51.740
with others, that is what they allege, to post a meme elsewhere.
00:30:00.640
We can drag you to the most conservative state.
00:30:02.560
We can drag you to San Francisco if we want, and put you on trial before 12 jurors, and they're
00:30:10.180
going to decide whether or not you intended to trick people, or whether this was commentary.
00:30:15.700
Whether this was satirical, or even whether this was just sort of a provocation to get
00:30:21.620
people riled up, to sort of provoke the Democrats.
00:30:24.860
Because when Democrats look at this meme, they actually think that, oh, our voters would
00:30:31.340
The funny thing is, at least from my perspective, I never would have expected anybody to fall
00:30:39.060
So part of this appeal that is almost as important as the First Amendment is venue, which is directly
00:30:45.200
in the Constitution, because back during the Revolution, they were kidnapping people and
00:30:51.280
bringing them to England and putting them on trial for revolutionary activities.
00:30:56.340
And they brought you, and we're just about out of time here, and they brought you, by the way, to just
00:31:02.940
blocks away from the Hillary Clinton campaign headquarters, where Douglas Mackey, he is a, they're trying to
00:31:25.400
And by the way, Elon Musk, it's tax deductible.
00:31:33.800
I'll have to talk to my accountant about that as well.
00:31:53.960
We're always talking about the fake news and the bad, but we have guys, and these are the guys who should be getting Pulisic.
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Now, Julie, you've been running around telling us that everything's on hold
00:33:32.180
and they've done this in a case that doesn't directly involve Trump,
00:33:38.080
because the vast majority of the Jancic's defendants,
00:33:44.560
and the president himself have all been charged with obstruction or conspiracy to commit obstruction.
00:33:52.260
this throws a monkey wrench into all of it, into absolutely all of it.
00:33:56.820
And yet, I was listening to, I'm not going to name names,
00:33:59.260
but I was listening to a Never Trumper podcast yesterday,
00:34:01.920
and they started saying that, oh, this is all hype, it's all bluster,
00:34:06.400
Supreme Court's not going to do that, Trump's still going to jail,
00:34:14.000
Well, it's interesting because the Never Trumpers have intentionally really ignored
00:34:19.000
the January 6th issue and the holding of political prisoners.
00:34:25.940
but I don't see any real detailed coverage, you know,
00:34:35.820
But to that person or anyone believing that this March 4th trial date in Washington
00:34:40.600
against Donald Trump for the events of January 6th is going to stick,
00:34:45.980
I simply point them to Judge Tanya Chutkin's order that was issued yesterday,
00:34:50.620
where she confirmed that because the immunity issue is on appeal right now,
00:34:55.720
all of the pretrial deadlines now are suspended.
00:34:59.160
The entire pretrial calendar leading up to this trial that's now supposed to be
00:35:05.240
three and a half months away or two and a half months away,
00:35:09.720
So, I'm not sure how, even if you, the Supreme Court waved a magic wand
00:35:15.280
or the D.C. appellate court did, somehow the immunity issue,
00:35:19.040
a very complicated issue, never before addressed by the Supreme Court,
00:35:25.260
They still have all of these deadlines outstanding.
00:35:27.740
So, whatever delay that there is, they're going to have to keep backing that up.
00:35:31.180
So, I think even you saw legal experts on the left admit that the March 4th trial date,
00:35:38.720
in addition to Judge Chutkin, and now the Supreme Court taking up the 1512C2 count,
00:35:43.880
which represents half of Jack Smith's criminal indictment.
00:35:49.140
That's the obstruction of an official proceeding count, yes.
00:35:52.340
So, there are a lot of things on Jack Smith's plate right now.
00:35:58.140
His work is about to be reviewed by the Supreme Court.
00:36:04.200
His work and the judge's work and all the prosecutors that you have been coming on this show
00:36:12.100
is now about to finally face a real review at the Supreme Court.
00:36:18.560
And this review won't really be related to Jack Smith's indictment per se,
00:36:23.060
but it will relate to DOJ's interpretation intentionally misinterpreting the language in this statute
00:36:30.660
that was passed in 2002 in the Sarbanes-Oxley Act in the post-Enron-Arthur Anderson accounting scandal.
00:36:38.760
This has to do with tampering with evidence or witnesses.
00:36:48.520
to make people who were in the Capitol, at the Capitol,
00:36:52.500
allegedly disrupt or were responsible for the joint session then recessing that day,
00:36:58.960
that somehow the joint session of Congress that day
00:37:07.040
Well, the intention of this statute related to criminal investigations by Congress.
00:37:13.780
So the justices will have to sort out a couple of issues,
00:37:17.740
the interpretation, the definition of official proceeding,
00:37:21.720
whether what happened on January 6th, that rises to it.
00:37:27.960
because he is accused of Donald Trump of obstructing that official proceeding.
00:37:35.500
Right, so it's all interconnected, I guess, is what I'm saying.
00:37:37.940
So what I'd like to do, and I heard you do this earlier,
00:37:40.880
and walk us through a little bit, and we have a couple of minutes before the break,
00:37:43.820
walk us through how it actually was these separate Gen 6 defendants
00:37:49.980
that brought us up to this and decisions that were made at the lower court,
00:37:57.700
that was made by Merrick Garland in appealing this to the Supreme Court.
00:38:02.940
So 15 judges on the district court in Washington have upheld this 1512C2.
00:38:08.100
There have been dozens of motions to dismiss it in a lot of cases,
00:38:12.660
and every judge, except for one, upheld the count.
00:38:16.460
The one judge who dismissed the count against these three defendants
00:38:19.960
is Judge Carl Nichols, a Trump-appointed judge.
00:38:25.380
Department of Justice, Matthew Graves, the U.S. attorney,
00:38:27.780
the GC U.S. attorney, went back, asked him to reconsider.
00:38:33.240
That's when the Department of Justice appealed Judge Nichols dropping that charge
00:38:41.920
So it's really the Department of Justice's responsibility,
00:38:45.640
or they're culpable for bringing this to the Supreme Court
00:38:51.380
The appeal ruling that came down in April, a three-judge panel,
00:38:57.000
that ruling was what one judge called splintered
00:39:00.080
and really resulted in three different opinions
00:39:17.920
So a little delicious slice of karma there for DOJ.
00:39:25.520
is that even after so many people they've thrown the book at,
00:39:30.740
as to what would happen if they appealed this to the Supreme Court
00:39:33.700
because they knew that the court now actually is backstopped
00:39:37.580
by originalist judges who actually care about our tradition,
00:39:42.460
and want to know why the founders wrote the Constitution the way they did,
00:39:46.340
why our statutes are written, and why they are.
00:39:48.240
It's not some game anymore where they can twist words to mean whatever they want,
00:39:54.080
No, all that's out of the window at the Supreme Court.
00:39:56.160
And they've made ruling after ruling in terms of this
00:40:03.220
out of just absolute petty resentment for the Jan 6 defendants
00:40:08.920
that they wouldn't even let three people slip away on these charges.
00:40:13.980
But I think another part of it, maybe you know better than me,
00:40:15.800
another part of it was that they knew that if this was able to stand,
00:40:20.680
that it would throw some of these cases potentially into jeopardy.
00:40:27.660
Well, I think, too, they've had their eye on using this statute against Donald Trump
00:40:32.960
Keep in mind, Jack, this statute was mentioned in the Mueller report.
00:40:42.460
This is the obstruction statute that Andrew Weissman wanted the Department of Justice
00:40:47.760
to charge Trump with for allegedly obstructing the investigation into phony Russia collusion.
00:40:54.360
So they have wanted, they've been dying to get this charge against Trump.
00:41:00.460
Weissman's been up there on MSNBC every day for five years,
00:41:10.900
And Jack Smith brought the 1512C2 and another count, 1512K,
00:41:18.280
So that's how those two counts are related to now this Supreme Court review.
00:41:23.360
But, you know, now that it's up in the air, what does Jack Smith do next?
00:41:28.640
Does he drop those two charges and then supersede with other charges like seditious conspiracy?
00:41:33.960
So he's got a couple moves that he's going to have to make.
00:41:40.540
But considering both the immunity issue and now the 1512C2,
00:41:56.160
They're melting down as they're stuffing their faces with cookies and Christmas creams.
00:42:04.480
The only cream is the one that rises to the top.
00:42:09.380
I'm always listening to Human Events with Jack Posobiec.
00:42:14.160
Ladies and gentlemen, welcome aboard Human Events Daily Live.
00:42:18.560
We're getting ready for America Fest, the largest gathering of patriots in the country.
00:42:28.720
Charlie's not just building an event out here at America Fest.
00:42:32.140
We're putting forward the great replacement of the GOP establishment,
00:42:38.400
the great neocon replacement, you might call it.
00:42:41.980
Now, Julie Kelly, you were telling us during the break that,
00:42:45.360
and you gave us this warning, the Democrats are melting down right now.
00:42:54.020
They're actually now demanding that Clarence Thomas recuse himself from this decision.
00:43:01.880
So you already heard some Democrats and some in the media again call for Clarence Thomas
00:43:06.980
to recuse himself in any rulings or arguments related to the events of January 6th.
00:43:19.600
So you're going to see those calls being amplified because they believe that, of course,
00:43:25.100
he will be a certain vote to, number one, overturn DOJ's use of 1512 C2,
00:43:31.280
but also his interpretation or his opinion about whether or not Donald Trump is entitled to
00:43:38.600
presidential immunity and whether his impeachment for January 6th really is the equivalent of a criminal prosecution or a conviction already.
00:43:50.540
Of course, he was acquitted by the Senate, but that's one argument his attorneys are making is that he was already really charged and tried by the House for January 6th.
00:43:59.300
So they're going to be scrambling to do whatever they can to, number one, preserve the 1512 C2, the interpretation of that.
00:44:06.580
And then, of course, deny that President Trump has presidential immunity.
00:44:12.080
But, Jack, don't forget, we still have the classified documents trial.
00:44:18.780
This is another reason why Jack Smith and Judge Chutkin are panicking and the Democrats.
00:44:23.920
If the March 4th trial date is moved back and Judge Cannon in Florida overseeing the classified documents case,
00:44:32.120
she is the polar opposite of Judge Chutkin, and she has called DOJ to task numerous times for misleading the court about what was involved in that case.
00:44:43.460
She already suspended last month all that that entire pretrial calendar because she argued to Jack Smith's team
00:44:52.820
the March 4th trial date could very potentially run up against the May 20th trial date, and what do we do then?
00:45:02.260
And Jay Brett, the chief prosecutor, had no answer, of course, but he did admit that there was a possibility they could overlap.
00:45:08.980
And she said, well, I'm suspending all the pretrial deadlines.
00:45:13.680
You're to come back on March 1st and give me an update about what's happening in the D.C. trial.
00:45:19.540
Well, I, for one, cannot wait to go to that hearing, just like I was in the last hearing with her,
00:45:25.480
to see how Jay Brett explains to Judge Cannon why that March 4th trial date very likely has been moved back.
00:45:34.620
And that then bounces the classified documents case, possibly, almost for sure, until after the election or even into 2025.
00:45:43.500
Well, that's really what this all comes down to here.
00:45:48.480
Because if these cases, because of these pretrial motions, are then delayed because of these,
00:45:55.960
and now because of these decisions that we're all waiting on by the Supreme Court,
00:45:59.260
people have to understand no one has ever talked about the swift justice of the appeals process
00:46:05.280
or certainly Supreme Court process in the United States, that if these get pushed back until after the election,
00:46:11.260
the real, you know, the real $81 million question is, will any of these cases,
00:46:23.780
I don't think there's anyone that might still be in the cards here.
00:46:33.960
Do you think that, do you think that it's possible that all the cases at the federal level will be held after the election at this point,
00:46:42.460
I think it looks more possible than it did a week ago,
00:46:45.660
simply because now the trial has been, the pretrial schedule has been suspended in Washington.
00:46:52.300
Even if they try to catch up quickly, the appellate court,
00:46:55.480
because remember, Jack Smith asked the Supreme Court to leapfrog over the appellate court,
00:47:00.020
but he also covered his basis and asked the appellate court in Washington to expedite the consideration of Trump's appeal.
00:47:11.120
But the appellate court has already said, okay, we're setting initial schedule.
00:47:15.800
Briefs are due the end of this month and then after the 1st of January.
00:47:19.720
They haven't even set an oral argument for this.
00:47:23.160
After an oral argument, it could be weeks or months before the appellate court comes down with the decision.
00:47:29.660
Of course, you've got two Biden appointees and one Bush appointee on that three-judge panel.
00:47:34.200
So the appellate court is stacked with Democrats and you see this in all of the panels.
00:47:39.820
But there's no way this matter, this very complicated, and again, a matter with long-term future consequences for this country.
00:47:49.860
If either, if the Supreme Court eventually decides that presidents are not immune from criminal prosecution,
00:47:57.600
even if they've been impeached for the very same matter, this is where we're going to go as a country.
00:48:05.660
Whatever president loses to a president of the opposite party,
00:48:10.960
that president's Department of Justice will open a criminal investigation.
00:48:15.940
This is going to be the cycle that we will see in America,
00:48:19.440
that we've seen in third world banana republics for, of course, ever.
00:48:27.560
So that's why shame on Jack Smith for asking for a quick ruling on this for political reasons only
00:48:33.080
to keep the March 4th trial date, convict Donald Trump and get him in jail this summer.
00:48:38.760
He doesn't care about the long-term consequences of this country in a ruling like that.
00:48:43.320
He only cares because he's a Democratic Party mercenary and always has been,
00:48:48.100
is executing his marching orders to get Donald Trump before a Democratic jury,
00:48:54.160
before a Democratic judge, a quick conviction on bogus charges, and in jail this summer.
00:49:05.960
He's railroaded numerous dissidents that are now sitting in prison,
00:49:10.960
and his case is the one that's actually coming off the rails.
00:49:16.480
Julie Kelly, it has to be said, this day may not have come if it was not for your work,
00:49:23.660
for your time, your effort, your passion, and all of the countless hours and late nights
00:49:28.540
that you've spent digging into this on the phone with sources.
00:49:32.260
Tell us where can people go to follow your information,
00:49:34.760
and I hope that you guys are taking a little bit of time this Christmas
00:49:45.280
Merry Christmas to you and your beautiful family, Jack.