00:03:08.380We're going to have lawyer attorney Andrew Branca on here very soon to walk us through them.
00:03:15.440And, of course, the crack team over at Human Events Daily has put together this graphic for us so we can actually talk through all of them.
00:03:24.720And here's the issue with all of these as I see it.
00:03:38.160If you don't like something, you have the ability and, in fact, the duty under the First Amendment to criticize those things, not only as an American citizen, but also, of course, as a member of Congress.
00:03:48.220The problem with all of these is that these are policy disagreements.
00:03:53.940They are not high crimes and misdemeanors.
00:04:00.760What they fall under are policy disagreements.
00:04:03.160disagreements. And as such, through a tweet up earlier today, walking through this, no secretary
00:04:08.640of defense or secretary of war has ever been impeached for carrying out military operations
00:04:12.600directed by the president. Under the constitution, the secretary of war does not have separate war
00:04:17.920making authority. President United States is the commander in chief and the secretary is a staffer.
00:04:24.040There can only be one commander in chief who sets military policy and treating the secretary of war
00:04:29.440as the commander-in-chief, inverts the Constitution. It's a chain of command. The
00:04:33.980president is at the top. This is not political. This is the system. This is military law and
00:04:40.480military policy. And let's think of the standard that it would set if Congress was able to impeach
00:04:46.520a secretary of war just for carrying out the president's military directives. This abridges
00:04:50.860on the constitutional separation power of Congress, violates executive power and the
00:04:55.520executive branch. The Constitution does not authorize this. The Constitution does not
00:05:00.040authorize impeachment for a secretary carrying out the orders of the executive. This would give
00:05:05.980Congress direct power, not oversight power, but direct power over oversight functions. And this,
00:05:13.200of course, is the problem. Congress is not the commander-in-chief. The Secretary of War, Pete
00:05:17.720Exeth, is not the commander-in-chief. The President of the United States is the commander-in-chief.
00:05:22.100J.D. Vance is the commander-in-chief. Marco Rubio is the commander-in-chief.
00:05:25.520President of the United States, Dan Gain, the chairman of the Joint Chiefs staff, is not the commander-in-chief.
00:05:32.780Only the president has the legal authority as authorized by the Constitution and vested in him as the head of the executive branch of the United States government.
00:05:48.480And any abridgment of this inverts the Constitution, violates the Constitution.
00:05:53.780So if there is something that you can allege that Secretary Hegseth has done or that you want to bring impeachment out that, again, involves treason, bribery, crime crimes and misdemeanors, then they are free to do so.
00:06:09.400However, going after him for military policy disagreements, I'm not even talking about my own opinions on any of these policies or any of these things that people can go search my past comments on all of that.
00:06:21.900I'm just talking about whether or not this is viable under the impeachment standard.
00:06:29.680Should this be something that we are impeaching people over?
00:07:11.340Human Events Daily, Bill Nutt Reports.
00:07:20.260Where is Jack? Where is Jack? Where is he? Jack, I want to see you. Great job, Jack.
00:07:30.840Thank you. What a job you do. You know, we have an incredible thing. We're always talking
00:07:34.980about the fake news and the bad, but we have guys, and these are the guys who should be
00:07:39.420getting politicians. All right, folks, Jack Pacific back live. Human events daily. Real
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00:09:47.980I want to get on now. My friend Kurt Mills, he's the executive director of the American
00:09:53.000Conservative, because we've seen a flurry since the election, a flurry of diplomacy and diplomatic
00:10:00.000moves by the president and the vice president in the wake of the elections. And I think it's
00:10:04.880something that's actually kind of gone a little underreported, even though the president of the
00:10:08.620States is actually the one who's up there at the press podium telling us all about it. Kurt,
00:10:14.220how are you? Yes, I'm fine. How are you? Good afternoon. I'm also good. So, Kurt, it's amazing
00:10:20.480to me, right, that the President of the United States comes out and makes this announcement,
00:10:24.060which to me sounds like he's making moves towards, he meets with, I guess, the Mercator
00:10:29.600and he's, who we know was over there involved with talks in Tehran. And it seems to me like
00:10:36.120The indications are, if I'm reading the tea leaves, right, with this big Truth Social post of his, that it looks like what we talk about, Operation Epic Fury, it might be transitioning, right?
00:10:47.040Rather than declaring victory or something, it might be transitioning into a Gulf nation-led force or a new phase of the operation where the United States isn't taking the lead anymore, and these regional Gulf nations are the ones that are actually going to be over there, as he says, monitoring the Iranians.
00:11:05.620And this is a huge announcement by the president of the United States. And I don't really see a lot of media picking it up.
00:11:12.840Yeah, I mean, look, the Qataris have been involved in mediating between the U.S. and the Iranians for basically the duration of the war at this point.
00:11:19.420And they were hyperactive leading up to the election.
00:11:23.480For all the noise people make about Qatar, Qatar, as far as I'm aware, is the only country that has been bombed by both the Israelis and the Iranians recently.
00:11:30.900So they are absolutely central in trying to avoid this spiraling into a further escalation.
00:11:38.320I think that the president has shown that he is willing to consider a diplomatic off-ramp.
00:11:43.760He approved, as we know, the vice president's letter to Mossad Rezaei, who some think is a de facto head of Iran,
00:11:51.180but at any rate is the most empowered aide to the current Supreme Leader, Mustafa Khamenei.
00:11:56.720Obviously, Vance wants a meeting with Reza'i, we're to have a conversation.
00:12:00.760That's with the opening of all the branches.
00:12:02.360There was some reporting out of Turkish media yesterday that actually that meeting was set for next week.
00:12:09.820But that's not fully confirmed. And it's just a matter of rumors at this point.
00:12:16.860I think it's exactly right. And something that a lot of folks and I know Laura Ingram over at Fox and myself had put out various statements saying that,
00:12:25.280look, after the midterms, the voters sent a huge message that they're done with the Iran war,
00:12:30.280they want this thing wrapped up. And there certainly seems to me to be a path here for0.76
00:12:35.240the president to say, we achieved our military objectives, the objectives that he set out.
00:12:40.260And he's been looking for an off-ramp. I think he's been looking for an off-ramp. He's wanted
00:12:45.280to get this deal, but the deal always seems to be a bit elusive for a number of reasons.
00:12:50.760And so the idea then of transitioning to Arab-led force, a GCC force, maybe a few other regional partners seems to be a viable option here.
00:13:01.140Absolutely. Look, the president is going to claim that he achieved victory on the nuclear file, both in 2025 with the additional strikes and then additionally by brushing them back even further in 2026.0.72
00:13:13.820The president has done basically two things.0.60
00:13:16.560He has been the most hawkish president in American history towards the Islamic Republic,
00:13:20.900but he's also been the one that is quite willing to meet with the Iranians directly.
00:13:24.880The meeting between Vice President Bantz and the Speaker of the Iranian Parliament,
00:13:29.320Mohammed Gadabaf, in June in Pakistan was the most high-level meeting between U.S.
00:13:34.800and Iranian officials in the history of the Islamic Republic, so going back to 1979.
00:13:39.620Diplomacy is still very much a live option.
00:13:42.240There are reports of different factions in the White House, some who want to lead escalations, such as Pete Hegseth, some who want to do a sanctions-first approach, people such as Marco Rubio and even figures outside the administration, like Steve Bannon, and those who favor diplomacy-first approach, which I think, all things being equal, is clearly the best option.
00:14:00.800The vice president, Steve Wyckoff, and others are in favor of that.
00:14:03.660well and it's it's it's something where i think that for a number of reasons the president
00:14:10.220obviously has something he can point to by saying look the the united people the united states have
00:14:16.260had their message they've sent their message loud and clear they've had their say on this
00:14:20.480and all he has to do is say i'm responding to the results here and finding something that he
00:14:26.980believes is number one is in the right strategic calculus for united states national security and
00:14:32.860then number two, also in keeping with the wishes of the people. And I think in this moment,
00:14:37.980he's got that moment. He's got the ability to do that now. I think this is absolutely a moment of
00:14:44.300great opportunity for the administration. Everybody is writing their obituary. Everyone's
00:14:49.480saying Trump is done. Everybody's saying the vice president can't run for president. I think that
00:14:53.660actually the administration is poorly served by advice, which is why we got into this award in
00:14:57.280the first place. And people shouldn't count out how limber Trump and Vance have been politically,
00:15:01.740historically. I saw last week Bernie Sanders, and they asked him if he thought Trump would fight
00:15:07.320Congress tooth and nail on everything they wanted to do. And Sanders said the president is, quote,
00:15:11.740a funny guy. He actually didn't expect that. I think that the president should surprise
00:15:16.720the media and he should surprise the foreign policy establishment by getting a coup d'etat0.88
00:15:21.440of a deal with the Iranians. Yes, if you write this story today, that the president,
00:15:28.220if the president left the scene today, he would be the president that invaded Iran.
00:15:31.000But if the president and the vice president drive forward to a modus vivendi with the Islamic Republic and, as you mentioned, kind of bringing the region into a new security architecture that avoids further war, the balances of the region, that doesn't just tip the American hands into the direction of, let's say, the Israelis and maybe the Emiratis, I think he would be remembered actually as a peacemaker, even though there was this obviously highly unfortunate war.
00:15:52.460yeah i think you're right because it would it would create a different endpoint for the story
00:15:59.340and if that now depending how durable that framework actually is or held holds up what
00:16:04.440gets the middle east i think we all understand there are certain inherent um complications in
00:16:10.220that region but at the same time if people start to look at this as in the context of getting to
00:16:16.580a more durable security architecture then i think that history would actually look quite favorably
00:16:22.320on maybe not perhaps every single instance of it, but certainly on the outcome to say,
00:16:28.180look, this is a situation now where there is some kind of parity, some kind of balance
00:16:32.440that's been achieved, and perhaps would rightly so to say that President Trump deserves credit
00:16:39.160for doing so and actually would be able to count that as an accomplishment rather than
00:16:44.160where a lot of people have been trying to write his political obituary, J.D. Vance's political
00:16:48.380bituary to say, oh, well, this is done. People don't like the vote. I agree with you. I think
00:16:54.060there's a huge opportunity here. No, he absolutely needs to reject those who are urging for escalation
00:17:00.440vis-a-vis Iran. This would be an absolute thumb in the eye of the American people who just
00:17:04.860rented a clear verdict on further escalation. The Republicans, as everybody knows, lost to
00:17:09.820Mississippi, Alaska, Maine, Texas, South Carolina, the seat of Lindsey Graham, Kansas. The vote of
00:17:16.680the American people is loud and clear. It is against this war. It is against what the Benjamin
00:17:20.580Netanyahu government of New Zealand is driving in American politics. It is against this type
00:17:24.720of approach. And then additionally, this is widely seen by those who are connected and smart within
00:17:30.360the MAGA base as the administration having taken its eye off the ball. And I think it's very
00:17:35.240important that this war does not get conflated with other elements of the Trump agenda. There
00:17:40.340are some in the business as usual crowd who want to make this about immigration or trade. I think
00:17:45.860the president clearly ran on immigration and trade. And so the American people would have
00:17:49.520understood that there are trade-offs. It would have been very similar to say Barack Obama running
00:17:53.280on health care and losing some standard amount of seats in 2010. This was different. This was seen
00:17:58.340as a broken promise. This was seen as something that the administration would not countenance.
00:18:02.040And I think the administration now has an opportunity to savourily clean it up. And I
00:18:05.980think leading the charge is the vice president. But I think also, very importantly, the president
00:18:10.180has supported his VP and been very clear that he understands the message. He understands that
00:18:16.280there's probably no need for escalation with Iran. The messaging out of the White House and
00:18:19.900from the president has been very good one week removed from the midterm route.
00:18:24.300Yeah, and I completely agree with that. And specifically talking about Mississippi and
00:18:27.940South Carolina, I remember on this program at the president's last, I don't know exactly which day
00:18:31.980it was, but his last South Carolina rally where Darlene Graham came up and spoke, I remember
00:18:36.420saying that that people need should be wary of her nomination because of her association right there
00:18:42.820wrongly but the fact that she's associated with her brother and her brother was the lead architect
00:18:46.900of the iran war and because just because he was someone who had been elected many times in south
00:18:52.480carolina if that war had gone so far south and it becomes so unpopular that voters may either not
00:18:59.280vote for her vote against her stay home because of the massive unpopularity of the iran war and
00:19:05.040that proved to be exactly correct that's why she lost number not just because she had never been
00:19:10.800uh in politics before but because of her association with the gram legacy right back jack
00:19:15.760talk about influences these are influences and uh they're friends of mine jack or so like where's
00:19:33.960All right, folks, Jack Pacific Back Live, Human Events Daily, Real America's Voice. Ladies and
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00:21:14.720You know, we're talking about how this this is an opportunity for the this actually an opportunity for the administration, a great opportunity.
00:21:22.240I completely agree with you on this. And people have been asking me why I actually seem to have, you know, the optimism, even though in the face of such a drubbing.
00:21:30.620And I think it's because the voters sent a clear message. I don't think they repudiated America first policies.
00:21:37.360I think they actually, I think the president's original message won.
00:21:42.320The America First populist message is the message that won.
00:21:45.320It was just that he was not the one giving that message.
00:21:48.420I think that was co-opted by a lot of the populist left.
00:21:52.300And I don't think you're going to govern in that way.
00:21:55.080El Saeed and others, who's already talking about taking action against Saudi Arabia,
00:21:59.580and I think the UAE and maybe some other, and Egypt and other groups in the Middle East,
00:22:04.480after saying that he wasn't interested in doing anything overseas.
00:22:07.800So again, these people, you can't hold them to anything they say
00:22:10.460because they don't actually believe it.
00:22:11.700But what I think that the midterms represent is a reset point for the administration,
00:22:18.160a reset point for the broader conservative movement for the party,
00:22:23.160and a real opportunity for people to take stock of where we are,
00:22:27.420why we won in 24, what voters are saying in 26, and the road forward.
00:22:31.900absolutely um uh president as you know uh came out of a moment of political frustration and chaos
00:22:40.680and populism that is the tinder uh from which he emerged in the mid-2010s that's the tinder
00:22:46.800frankly uh from which bernie sanders emerged they were actual documented real um very important
00:22:53.580trump sanders voters people voted for sanders in the primary and then voted for trump um in the
00:22:57.800election, how spring states like Ohio, Wisconsin. Tim Poole is a great example of this. He talks
00:23:03.360about it all the time. Yeah, absolutely. And I think, you know, this was a generational
00:23:08.320rebuke of basically D.C. as usual, because, you know, what was really not on the ballot,
00:23:14.160in my opinion, were was mega populism. It was basically boom of republicanism. It was tax cuts
00:23:20.680and invade another Middle Eastern country. And that's why the people most zealous and the most1.00
00:23:24.340enthusiastic about the war were complete retreads for the Bush administration. The Ari Fleischer's,
00:23:30.220the Mark Thiessen's, the Karl Rose. These are the people that supported the Iran war. And,0.92
00:23:36.260you know, obviously the president is the one who took the decision, but the president is a funny
00:23:40.300guy, as Bernie Sanders himself said. And I think we are going to see elements of the old Trump
00:23:46.120actually come out here. I'm cautiously optimistic because, you know, the vice president's statement
00:23:50.560was extremely strong, which is that he said the administration knows that the Iran war
00:23:54.240caused the war, the cost of the election. He also said very importantly that the relationship with
00:23:59.500Israel needs to be reassessed. He didn't have to say that. He spoke to the truth. It was a bold
00:24:04.220statement. And it's very, very, very, very contrasted from, I guess, his friend, potential
00:24:08.900rival, Marco Rubio, who is up there basically doing everything he can in recent days to undermine
00:24:14.020any renewed diplomacy to end the Iran war. It's really stunning to see. And the president,
00:24:19.380when pressed on who he actually agrees with more, sounds like he agrees in advance. He said he
00:24:23.800thought the statement was good. And so, you know, that shows why people who were optimistic about
00:24:28.860this ticket, why you think that Trump has been a net good force in American life, as I do. I know
00:24:33.780people, it's been a very frustrating 10 years for many people, but I wouldn't take it back because,0.60
00:24:38.460you know, the people that got us behind the Iran war, they're the people who actually opposed Trump0.68
00:24:42.400the most. I couldn't agree more. And in fact, it's those same people who we've seen have been
00:24:48.020shrieking the loudest ever since the midterms, trying to say that it wasn't the Iran war,
00:24:52.580trying to say that it's all J.D. Vance's fault, it's the MOU's fault. Well, we can actually go0.67
00:24:56.360back and track the president's approval numbers. The point in 2026 when they reached their highest
00:25:02.600was during that Iran MOU. And for those of us who pointed that out at the time, I think that
00:25:08.560the results are a vindication of that, that it was extremely popular. And people thought that
00:25:13.580That was an opportunity to get out of this. That was back in the summer, by the way. That was June, July. And we can only imagine how the midterms would have gone. I think I agree with you. It would have been more like a 2010 type of sort of a normal, you know, midterm election had they, you know, had the war or at least, you know, major military operations back in June.
00:25:35.280Of course, as we know, they did not. And then July, there was a massive uptick again. And then you see the approval numbers go right back down when that takes place.
00:25:41.880gas is down 25 from from the day before the midterms today i mean i mean it's below 90 for
00:25:49.040the first time since august it was near 115 on the eve of the election i mean i mean if you
00:25:54.060just even held the midterms uh this week uh i think you would have seen a drastically better
00:25:58.680result for the republicans and that's directly uh attributable to the president's willing to
00:26:04.000nest the buck the israel lobby for for renewed escalations the market is trading on the words
00:26:09.380of potential new round of diplomacy with the iranians and like that is absolutely what is
00:26:14.180essential here to end the war it doesn't mean that the us has to say the iranians are good guys
00:26:18.900it doesn't mean that it's it's all bygones like bygones but it does say that the bush era of
00:26:24.420regime change policy that the bush era of just doing whatever the israelis request us for should
00:26:29.380the turn the page should be turned on that and a new paradigm should be introduced
00:26:33.300and it seems that the president himself acknowledged that in a 60 minutes interview
00:26:39.360he said that criticisms of israel have reached an extreme high the voters are not interested
00:26:44.820in business as usual in terms of that or any of these uh kurt mills where can people go to follow
00:26:49.280you yeah i'm at at kurt mills c-u-r-t-m-i-o-l-s um on x twitter uh the internet um the magazine
00:27:26.900One communist among the American advisors at Yalta was one communist too, Manny.
00:27:44.140All right, folks, Jack Sobek, back live, Human Events Daily, Real America's Voice.
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00:29:08.680jim jordan has been elected as the house gop leader of course he'll be the minority leader
00:29:15.760going into the next Congress. Congratulations to him. And I hope big things come out of his
00:29:24.020leadership and potential speakership if he's able to stay in the office. And if the Republicans are
00:29:32.000able to move on and take back the House, if he's able to move to speaker. And I hope that we get
00:29:38.720tangible results, not just TV talking points, tangible actions and tangible results. That is
00:29:45.960what we need. But speaking of which, the Democrats are joining with some, as you could say,
00:29:52.900rogue Republicans today, and they're pushing forward Apple's impeachment of Pete Hegseth
00:29:58.320here in the Lamed Up Congress. Well, here to break that down with us is attorney Andrew Branca.
00:30:03.440Andrew, how are you? I'm doing great, man. How are you doing?
00:30:06.380i'm doing great so no i'm not a lawyer so i got to check with you on this but but i was you know
00:30:12.340i am a veteran tomorrow's veterans day all that but you know i kind of forget in the constitution
00:30:17.400how many commanders-in-chief are there yeah there's just one a president oh there's one
00:30:24.000so there's not like multiple there's not and you know they're not you know it's not pick your own
00:30:28.160commander-in-chief there's just one under the constitution right that's right and so and so
00:30:32.860So the commander in chief is the one who sets military policy, not his subordinates or Congress, because the Constitution gives that to the commander in chief.
00:30:42.940Only the commander in chief decides when to use military force.
00:30:46.940And so this is and I did a whole monologue on this on at the beginning of the show, because this is what confuses me about these articles of impeachment.
00:30:55.100I just don't see an impeachable offense here.
00:30:58.980Well, first of all, I'm ecstatic that they're doing this.
00:31:02.260This is exactly the kind of overreach we need to see from the left to put them back in their place.
00:31:07.120So I'm very pleased that they're doing this.
00:31:10.640I was about to say, wait, what do you mean?0.97
00:31:12.820Yeah, I think when I see my enemies line up with losers like Massey, that's good news for us.
00:31:21.420We have to keep in mind that things like impeachment, things like high crimes and misdemeanors, things like war, the term war, these are not really legal terms.
00:31:51.360And every one of them has rejected explicitly Congress's supposed power
00:31:56.200to constrain the commander-in-chief in any way on this.
00:31:59.580But high crimes and misdemeanor is not defined in the Constitution. It's really just saying we don't like you. And if the opposite side were to have enough votes, you could be impeached for wearing different color socks on each foot if they want to.
00:32:12.060you're right in terms of the mechanism right in terms of the mechanism of of impeachment that's
00:32:18.680true it is a political process there's no question about it but i guess what i'm speaking to is more
00:32:23.340the the the purpose for the impeachment power of congress and and to my mind the purpose for
00:32:29.300the impeachment power isn't certainly in a military position isn't to interfere with
00:32:33.700military operations i mean could you imagine if congress were impeaching eisenhower for conducting
00:32:39.360the D-Day raid, the invasion of Normandy in D-Day, because they disagreed with it. I mean,
00:32:45.780this is obviously something that, and obviously I think most people agree with that, but it's
00:32:49.960simply something that is clearly delineated under the executive power. Absolutely. The founders knew
00:32:57.200very well that in matters of armed hostility, matters of military use of force, you need a
00:33:02.280single decisive commander. You cannot achieve military success, military objectives by committee.
00:33:08.640That simply does not happen. War is a different matter. War changes everything about the nation.
00:33:14.620It puts the entire country on a war footing. You have a draft, you have resource allocation,
00:33:19.440you have rationing, all kinds of things change. But armed military hostility is something
00:33:24.480substantially less than a full state of war. Congress has the power itself and only Congress
00:33:30.560to declare war and change the entire makeup of the nation in terms of industry and allocation
00:33:35.860of resources, but armed hostility is simply self-defense by the nation in its national
00:34:54.660By the way, every one of Trump's exercises in military force from a military perspective
00:34:59.360have been, without exception, highly successful.
00:35:03.860No, it's exactly right. And even in terms of the, you know, whether or not anyone supports or disfavors the Iran war or the Iran operation, you can point out that there's no there's no Navy in the world that has been more successful than the United States Navy at being able to prosecute the blockade the way that they're doing on the high seas, being able to track down.
00:35:26.580And I've had to explain this to a few folks that, you know, it's not like the 1800s and it's like an actual line of ships anymore.
00:35:33.620You know, you've got over the horizon targeting, you've got drones, you've got satellites, you've got helicopters.
00:35:38.600They can chase any ship down anywhere and interdict them with maritime interdiction operation,
00:35:44.940a MEO operation anywhere in the world, certainly beyond the Strait of Hormuz and the Arabian Gulf.
00:35:49.640And so the idea that the idea that the United States Navy would not be able to conduct something like this, it's it's it's kind of laughable.
00:35:57.120Putting aside the question of should. Right. I'm just talking operational here, of course.
00:36:01.680And again, I mean, since we're talking about this. Go ahead.
00:36:06.460Go ahead. Well, I'm just going to say if we're talking about whether or not the president is authorized to to command the military, he is.
00:36:16.040he clearly is right and only him only him um you know reasonable people can disagree about the
00:36:23.600situation in iran i know my own father hates that we got engaged in iran i thought it was a fine
00:36:29.580move as long as we didn't stay in too long that we got out well before the midterms which we didn't
00:36:34.500really do but those are policy disagreements those aren't questions about trump as commander
00:36:40.340in chief his fundamental authority to exercise those military forces if you don't like the
00:36:44.980policy, the solution is a political solution, a policy disagreement and exchange. Maybe elect
00:36:50.740different people. Maybe have a different president the next time around. But that's not a question
00:36:55.480of whether Trump is authorized to act. Which, by the way, the people did quite loudly in this
00:37:03.000past election. People say, well, can you take a survey? I had a comment yesterday. Someone said,
00:37:07.920well, could we take a survey on this? And I said, we just took a national survey
00:37:10.800of 435 congressional districts just one week ago, and the GOP lost every single age group under 65
00:37:18.740plus in that survey. And so it is incumbent then, for the minute we talked about this in the last
00:37:23.380segment, it's incumbent on the administration then to take that message and they can decide
00:37:28.020if they want to use that to transition this or not. Setting all of that aside, that's not what
00:37:34.700the point of the impeachment power is, and certainly not going after a subordinate, a staffer
00:37:40.800of the executive, like the Secretary of War, which is Pete Hegseth.
00:37:45.120There's a reason this has never been done, because that's not what military matters
00:37:49.980and the Commander-in-Chief's powers are for.
00:37:52.720Andrew Branca, I want to hold you on for another segment, because we did have huge breaking news.
00:37:58.160A court date has been set in the official murder trial of Charlie Kirk, Tyler Robinson.
00:38:06.320We'll go into that in the next segment here on Human Events Daily on Real Markers Voice.
00:38:34.280All right, folks, Jack Posobiec back live,
00:38:36.200human events, daily, Real America's Voice.
00:38:38.320of course, Tyler Robinson trial. This is something, of course, I've been covering for quite some time.
00:38:44.760I went out to Provo, Utah, and of course, you know, Human Events took you right inside that courtroom
00:38:50.360where I was for the entire week of the preliminary hearing along with Charlie's family, his wife,
00:38:58.160his parents, his mom and dad, and Erica. And now we know that, of course, that it has been
00:39:05.020bound over for a trial that is moving toward trial yesterday. We got the trial date, June
00:39:11.6202028. So I just want to put that in perspective for everyone. Charlie was murdered on September
00:39:19.00010th, 2025. We now, and again, this can be pushed back. There could be more delays. June 2028,
00:39:26.660almost three full years later will be the date that the trial is currently set to start i want
00:39:35.220to get in attorney andrew branca here because he's done a lot of these cases he's been in these cases
00:39:40.580and andrew i'll ask you right off the bat does does it surprise you that we're seeing what what
00:39:45.940amounts to be a three-year delta between the uh the murder taking place and the opening of this
00:39:52.900this trial, as it's currently said. Well, it's certainly not common. This is not normal for
00:39:59.100murder trials, but this is not a normal murder trial. And they're seeking the death penalty,
00:40:05.020correct in this case? Oh, yes. Right. So anytime there's a death penalty case,
00:40:11.140the guardrails that are put up through precedent, through constitutional requirements are enormously
00:40:17.480greater than you would see. The amount of due process to which the defendant is entitled,
00:40:22.780Due process meaning simply, of course, the process, the legal process to which you are due,
00:40:26.780it changes depending on the severity of the punishment.
00:40:29.280So you get a lot less due process for a traffic citation than a misdemeanor,
00:40:33.040than a traditional murder charge, than a capital murder charge.
00:40:35.440It doesn't get bigger than capital murder.
00:40:37.340So everyone is going to be absolutely painstaking in making sure this is done perfectly,
00:40:42.540both the defense, of course, because they want to protect their client,
00:40:45.700but the prosecution because they want to make sure that whatever they get sticks.
00:40:49.540No, that makes sense. And so the idea being, of course, and correct me if I'm wrong, but that in a capital case, isn't there a requirement that they need a capital punishment jury? There's actually a slightly different jury selection process in this case.
00:41:11.820in those cases? Well, it's a two-step process, right? So the jury would have to determine guilt,
00:41:16.840and then there has to be a second jury deliberative process for the death penalty,
00:41:21.380for the capital punishment. But those are the same jurors. They don't change out the jurors,
00:41:26.880right? Correct, correct, right. Right, but isn't there, I guess what I'm getting at is in the
00:41:31.340process, isn't there then an additional question as to that person whether or not they would be
00:41:36.880willing to sit in on a capital case? Yes, absolutely. Because, of course, many people
00:41:42.580would never vote for the death penalty for their moral beliefs or religious beliefs or whatever
00:41:47.980the case may be. But they're obliged to apply the law as the judge instructs them. So if it's a death
00:41:53.980penalty jurisdiction and the death penalty is in play in the trial, the prosecution is entitled
00:41:59.380to a jury that will vote for the death penalty if the facts and law support it.
00:42:04.660right and so that's that's an interesting an interesting angle as well because of course
00:42:11.420there's many people and we all know the political debate around the death penalty but there's there
00:42:16.940is a legal um mechanism here as well where if someone is morally opposed to the death penalty
00:42:24.340they're not going to be put on the jury they should not be put on the jury right
00:42:31.380Important qualifier is always important.
00:42:33.860Important qualifier is always they should not.
00:42:36.640And what is it to which that you could be referring that a juror might not be completely truthful when questioned under what year?
00:42:44.460Yeah, people people will lie to get on to juries to seek social justice or whatever is driving them.
00:42:51.900I see it happen all the time, especially in these high profile cases.
00:42:55.780Now, by the way, the prosecutor knew that when they elect to go for the death penalty,
00:42:59.360they know that they're engaging in a much more time-consuming, painstaking process than a non-capital case would be.
00:43:08.020They're making an affirmative decision to take on all those additional burdens in pursuit of the death penalty.
00:43:13.500It's a very conscious decision on the part of the prosecution.
00:43:17.760Well, and looking at the individuals who've been assigned to that case in the county there,
00:43:24.360You can see that the prosecutors, they've gone up. These are the top prosecutors that they have available to them. And they are people that have put away murderers, child traffickers, pedophiles. And it really does seem to be a group of people that has gone after absolutely some of the worst of the worst in terms of criminals in Utah.
00:43:45.540And so just with my own, obviously, having been there and having met a number of the prosecutors and having seen them in action up close like that and dealt a little bit into their backgrounds, I can see that they do seem to be the type of does seem to be the type of team that you would you would want to put together for a case like this.
00:44:05.340yeah and of course it's hard to separate the personal from the technical here because
00:44:11.280obviously charlie kirk was lost his life over this but from a from a technical lawyer's
00:44:16.420perspective this should be a wonderful trial to watch because we should have the very very best
00:44:21.780lawyers on both sides arguing this as a capital case i think it'll be very interesting to watch
00:44:27.540just just from that perspective there should not be any clowns in this trial
00:44:31.480Well, I certainly hope not. One of the you know, one of the and I'll just say that the things that people have pointed out is that the one of the biggest things that people are sticking on is that the the judge's experience in terms of experience that Judd Graff here had not been on the bench, I think, longer than about a month from when this actually took place.
00:44:55.880Do you think that that's something that could have an effect on the decision making process here in the trial as it goes forward?
00:45:01.480my only concern would be if we if he ends up being a weak judge that's a problem in any
00:45:09.520criminal prosecution especially a capital case but if either side perceives him as being weak
00:45:14.680or waffly they will take advantage of that relentlessly and then it could turn into a
00:45:20.340circus so he needs to be a judge who's in absolute control of his courtroom does not allow for any
00:45:25.920shenanigans, any overacting, any of this kind of Kevin Reddington nonsense we've seen in the
00:45:31.380Lindsey Clancy case. But we don't know what kind of judge he is because he's hardly been a judge.
00:45:37.820Right. And I'll say that, you know, from what I was able to see up close, and again, just
00:45:42.200commenting on the technical side, not the personal side, but it seemed to be that he
00:45:47.960is trying to be accommodative as much as he can to both sides. And he seems to be in, you know,
00:45:55.820using the sort of legal phrase, you know, seems to be trying to split the baby on almost every
00:46:01.740decision that comes up to which, which I know has, has rankled a few people because they said,
00:46:06.480well, you know, sometimes you don't have to compromise because sometimes you can just
00:46:10.040follow the clear letter of the law. Yeah. Well, that's true. And that's going to be a function
00:46:16.000of the, of his character as a judge. You know, there, there's reasons to be accommodating to
00:46:21.400both sides in a trial. Both sides are fighting their fights. A combination is sometimes necessary.
00:46:26.920There's also times when there's a clear, correct answer. There's a clear, correct decision. It's
00:46:31.180going to make one side extremely unhappy. You have to be willing to make that clear decision.
00:46:37.860Right. And that's something where, I mean, I remember at one point in the hearing where it
00:46:42.700was one of the defense councils was just, I mean, putting the question of whether DNA science is
00:46:49.840real on, you know, up and he was going on for hours and hours and, you know, kind of sitting
00:46:55.340there going, how much more of this are we going to get in a preliminary hearing? So just it's not
00:46:59.620the venue for this. And, you know, a lot of questions as to why it was allowed to go on for
00:47:04.500so long, things like that. Well, I don't know what to say, Jack, I hope he has a firm hand on
00:47:12.320this trial. Again, if he's perceived as weak, and any lawyer, I would do it myself would take
00:47:17.260advantage of a judge's weakness in the interest of our side of the argument.
00:47:22.020No, that's exactly right. And that is the role of lawyer Andrew Branca. Thank you so much for
00:47:26.620being on here with us, being so flexible in terms of your ability to jump from one topic to another.
00:47:32.860It's why you are one of the best in the business. Tell people more than go to follow you and get
00:47:37.660access to all of your insights. Best places to find me are X in YouTube at The Branca Show,