The Anchormen Show with Matt Gaetz


Episode 172 LIVE: The Jeff Clark Story (feat. Jeff Clark) – Firebrand with Matt Gaetz


Summary

Jeff Clark is a former senior lawyer at the Department of Justice who served as the lead counsel on the DOJ's election integrity unit in charge of investigating allegations of election fraud and irregularities in the 2020 election. In this episode, Jeff talks about how he and other DOJ lawyers fought to protect the integrity of the process and fight for fair and impartial elections.


Transcript

00:00:00.000 Matt Gaetz, the biggest firebrand inside of the House of Representatives.
00:00:07.400 You're not taking Matt Gaetz off the board, okay?
00:00:09.800 Because Matt Gaetz is an American patriot and Matt Gaetz is an American hero.
00:00:14.520 We will not continue to allow the Uniparty to run this town without a fight.
00:00:19.720 I want to thank you, Matt Gaetz, for holding the line.
00:00:24.240 Matt Gaetz is a courageous man.
00:00:26.240 If we had hundreds of Matt Gaetz in D.C., the country turns around.
00:00:31.000 It's that simple.
00:00:31.820 He's so tough. He's so strong.
00:00:33.840 He's smart, and he loves this country.
00:00:36.200 Matt Gaetz.
00:00:37.900 It is the honor of my life to fight alongside each and every one of you.
00:00:43.120 We will save America.
00:00:45.220 It's choose your fighter time.
00:00:47.000 Send in the firebrands.
00:00:53.180 Hey, everyone. Welcome back to Firebrand.
00:00:55.220 We're broadcasting live from the Rumble Studios here in our nation's capital in Washington, D.C.
00:00:59.860 Remember, the best way to consume firebrand, download the Rumble app, set your notifications on.
00:01:05.660 That way, when we have conversations, when we've got breaking news, and when we've got the Gaetz network running 24-7,
00:01:12.580 you're going to be able to have access to the information that will make you the smartest person in the room
00:01:16.460 and informed as to the true character and nature of the decision-making process here in Washington, D.C.
00:01:21.780 Now, one of the things that we talk about frequently on the program is lawfare,
00:01:25.820 the weaponization of the justice system against those who are righteously in the fight.
00:01:30.660 And we're going to do a deep dive in some of those election integrity issues
00:01:34.380 and the ways in which this Biden Justice Department has really targeted people
00:01:40.060 and has really taken what we believe about due process and about evidentiary presentations
00:01:46.220 and instead used the awesome powers of the Department of Justice to suppress evidence
00:01:52.740 and then to try to hassle people and do great harm to our country.
00:01:57.980 That's unfortunately what we've seen in too many circumstances.
00:02:00.280 And there's no better person who I think has been fighting the good fight than my good friend Jeff Clark.
00:02:07.000 Jeff, thanks so much for being here with me.
00:02:09.120 A lot of people remember you as the mild-mannered environmental lawyer at the Department of Justice.
00:02:15.460 And when we started to see in Congress, when others started to see real concerns
00:02:20.620 about the way the 2020 election was being sort of adjudicated and investigated,
00:02:27.000 that there was an active effort to shut down review of different allegations.
00:02:33.280 And we know as lawyers that allegations are not evidence.
00:02:36.760 You have to corroborate things that you hear from people.
00:02:39.760 You've got to look at the validity of documents.
00:02:41.840 But just for a moment, before we get into everything that's kind of happened since,
00:02:46.340 bring my audience to that, to what it was like for you as a senior lawyer in the Justice Department
00:02:52.720 when you started to see some of these concerns percolate about the 2020 election
00:02:58.540 and kind of the ethic and dynamic that was going on at DOJ at that time.
00:03:03.480 Sure.
00:03:04.160 Well, thanks for having me on.
00:03:05.820 I really appreciate it.
00:03:06.860 And so we're in November of 2020.
00:03:11.860 It's after the election.
00:03:13.040 And I'm watching all of the election irregularities mount up one after another, right?
00:03:18.520 You know, the late night dumps of ballots, the shutting down of the counting process,
00:03:23.720 the fake water main break at the Georgia Atlantic Convention Center.
00:03:28.620 And, you know, I'm just scratching my head and I'm like, what are we doing about this?
00:03:31.520 So Bill Barr puts out a memo on November 9th, 2020, and he says that all of the U.S.
00:03:37.240 attorney's offices, the head of the criminal division and the head of the civil rights
00:03:40.520 division can investigate allegations of election, not just fraud, but also irregularities.
00:03:46.220 And I thought, all right, well, you know, they're doing something right.
00:03:50.580 Time goes on.
00:03:51.620 We're getting later and later into November.
00:03:53.540 And I'm not hearing that anything is going on.
00:03:56.440 And so, you know, eventually I went to talk to some of the Uber leaders of the Justice
00:04:02.760 Department at the time and, you know, express my concerns and said, what's going on?
00:04:07.120 And what I was basically told was, you know, we were told by different parts of the career
00:04:14.460 staff that there's nothing we can do here.
00:04:16.280 There are no, we don't have any real levers.
00:04:19.800 And I scratched my head.
00:04:21.060 I said, that can't possibly be true.
00:04:22.400 I broke out the election manual.
00:04:24.940 There's a multi-hundred page election manual that the criminal division, which has charge
00:04:30.060 of election investigations primarily historically, has.
00:04:34.740 And, you know, I saw all sorts of provisions that could be used.
00:04:38.000 And I also thought that, you know, some of the things I was hearing out of the states,
00:04:42.300 like in Georgia, the idea that while there were no options because they couldn't go into
00:04:47.400 special session, so they couldn't investigate the fact that they'd gotten a report from one
00:04:51.920 of their own senators, Senator Ligon, who'd done a multi-day hearings.
00:04:55.600 And he'd gotten a lot of, you know, evidence collected of fraud and irregularities in especially
00:05:01.640 Fulton County, but in other parts of Georgia as well.
00:05:03.940 And, you know, I came up with the idea of, you know, trying to tell them that they have
00:05:11.460 the power directly as a direct U.S. Constitution delegation to call themselves into special session
00:05:17.660 because they have that direct delegation to regulate the election under the Elector's Clause,
00:05:22.480 right?
00:05:22.680 And then we started talking about that issue internally.
00:05:26.240 And it just, it led to a firestorm.
00:05:28.540 And that firestorm, you know, led to all the other things we'll get into, like just a house
00:05:34.000 of bricks kind of coming down on me.
00:05:36.300 And then this was all internal to the Justice Department.
00:05:39.360 And, you know, there are still many parts of it that I think are privileged and the details
00:05:44.500 of it are privileged.
00:05:45.380 And President Trump's asked me, you know, he's invoked executive privilege on my behalf twice.
00:05:49.700 And so, but, you know, there are parts of the story that have been made so public that
00:05:54.240 I can talk about those.
00:05:55.800 And, you know, that was all the result of anonymous leaks from my own colleagues, many of whom
00:06:02.140 were Trump appointees, although not all of them were Trump appointees, to the New York
00:06:05.740 Times two days after Joe Biden was elected.
00:06:09.340 And ever since I've been canceled by big law, I've been attacked constantly by MSNBC and CNN.
00:06:15.160 And, you know, the rest of the story we'll get into.
00:06:17.300 Yeah, I think that it showcases the way the regime fights back.
00:06:22.160 But I think there's two theories of the case about those moments at DOJ directly following
00:06:27.560 the certification from, well, not even leading up to the certification.
00:06:33.580 One theory is, well, these were just a bunch of buffoons who had no real understanding of
00:06:39.760 their powers to investigate these claims of irregularity or what you were seeing in affidavits
00:06:45.760 emerge in various courts around the country.
00:06:49.200 And then there's another theory of the case where they were actively suppressing the organic
00:06:57.140 upward movement of information from field offices, from state and local authorities, from even
00:07:04.400 a state legislative committee.
00:07:05.860 They were actively ensuring that that never developed into a legitimate investigation.
00:07:11.600 And I actually think it's the latter.
00:07:13.640 I don't think that Barr and his top people were just too incompetent to investigate election
00:07:19.140 fraud.
00:07:19.620 I think they were subversive in the way that they purposefully tried to diminish any concern
00:07:26.580 that arose.
00:07:27.620 Is that a fair characterization?
00:07:29.020 I think it is, especially based on things that some things I did not know at the time that
00:07:33.780 would come out later.
00:07:34.800 So we know that Bill McSwain, the U.S. attorney in Philadelphia, my hometown, the Eastern District
00:07:41.000 of Pennsylvania, he had serious information about election fraud in Philadelphia.
00:07:46.300 And Philadelphia is a hotbed of fraud, which I also knew from my mom, who was a Republican
00:07:51.900 poll worker, and also from this scandal in the 1990s, I actually interviewed with a judge
00:07:59.300 who had this case called Nueva Forma, that the Democrats were basically trying to do some
00:08:06.580 of the same sorts of fraud things we've seen.
00:08:09.040 And he had charge of that case.
00:08:10.760 They threw the book at that case, and that was shut down in Philadelphia.
00:08:13.880 So McSwain was aware of all this.
00:08:15.940 He wanted to pursue it.
00:08:16.840 He went to Bill Barr.
00:08:17.960 Bill Barr said, no, can't do that.
00:08:20.220 And I want you to turn over any evidence you have to Josh Shapiro, who was then the attorney
00:08:27.500 general, right, who had already pre-announced that Biden was going to win the election.
00:08:31.780 So that was pointless.
00:08:33.580 There's Larry Keefe in Florida, U.S. attorney in Florida.
00:08:38.160 He had information that related to shenanigans tied to-
00:08:43.560 And vote-by-mail requests.
00:08:45.060 Yes.
00:08:45.340 And that was also shut down by Barr.
00:08:48.640 And indeed, Barr issued a threat that if I ever, you know, hear about this again from
00:08:52.260 you, you're going to get fired.
00:08:54.460 The third incident I would point to is that, you know, there were these allegations from
00:09:01.060 the postal truck driver in Bethpage, New York, that he was taking, you know, ballots suspiciously
00:09:06.720 into Pennsylvania.
00:09:08.060 And that was being investigated by the Amistad project and by Colonel Schaefer.
00:09:15.900 And Barr winds up on the phone yelling at Colonel Schaefer to tells him to shut down the investigation.
00:09:21.080 So there's three things right there.
00:09:22.480 And then I'll give you fourth data point.
00:09:24.460 So we have Barr's testimony after to the January 6th committee.
00:09:29.060 And unlike many witnesses, like witnesses, you know, generally tend to get like a few minutes
00:09:34.100 to say something, you know, to kind of set the stage for themselves.
00:09:37.740 But he was allowed, I think, in an unprecedented way, since I've read many of those deposition
00:09:41.860 transcripts that are publicly available.
00:09:43.480 There's some that, you know, apparently have been destroyed that we don't have.
00:09:48.340 And they destroyed the videos, as you know.
00:09:51.000 But he was allowed to say, look, I want to set out three categories.
00:09:54.500 There's a category of election laws being changed by actors within a state other than
00:10:02.880 the legislature, because the electors' clause says the state legislature is in charge of
00:10:06.800 those rules.
00:10:07.880 And so that's an unconstitutional problem right there, right?
00:10:10.960 The second category is there's election law, you know, in the state legislature.
00:10:15.840 It hasn't been changed.
00:10:16.680 It's fully operative, but it's been disobeyed.
00:10:20.500 So that's the second category.
00:10:21.520 Third category, fraud.
00:10:23.020 You know, like the equivalent of stuffing ballots, you know, either electronically or
00:10:27.720 physically or putting in mail-in ballots that aren't legitimate.
00:10:32.140 He's like, we only looked at the third category.
00:10:34.040 We did not look at the other two categories.
00:10:35.700 And like right there, I read that.
00:10:36.940 I'm like, what?
00:10:37.740 Like, why would you disclaim authority to look at those two things?
00:10:40.780 Those were vital elements of what was going on in using COVID as a cover to have this entire
00:10:45.980 giant mail-in voting operation.
00:10:48.760 And then I guess then I'll say, here's a fifth element.
00:10:51.320 Barr brought in the U.S. attorney from the Eastern District of New York, and he was not
00:10:58.960 appointed by Trump.
00:11:00.040 It's a guy named Richard Donahue.
00:11:01.200 He was appointed by the judges of that district, which is pursuant to a statute that I'd urge
00:11:07.100 you actually to take a look at because I think it's unconstitutional.
00:11:09.760 I think the president has to make all appointments.
00:11:13.580 But he took him as the U.S. attorney and he moved him to make him what we call in DOJ main
00:11:18.300 justice, the pay dag, the principal associate deputy attorney general.
00:11:22.460 So he becomes the number two for the deputy attorney general, who's the number two in the
00:11:26.580 whole department.
00:11:27.700 So Donahue is brought in and he's given exclusive charge of all election-related investigations.
00:11:33.640 And I have no idea why you would bring in, why would, first of all, why would a U.S.
00:11:38.660 attorney want to leave to be the pay dag?
00:11:40.660 Like, you know, that's a demotion.
00:11:42.100 Instead of running his entire office and the Brooklyn U.S. attorney's office, they think
00:11:46.460 of themselves as, you know, as good as or better than the Southern District of New York,
00:11:51.740 which they tend to think of themselves in elevated terms.
00:11:54.580 So why would someone want to leave running their own show in the Brooklyn U.S. attorney's
00:11:59.660 office, which also can be a very lucrative position to get, and come in and be the pay dag
00:12:04.600 who actually no one directly reports to?
00:12:06.980 They only have the authority that the deputy attorney general gives them.
00:12:09.560 And so it just, it seemed very strange to me.
00:12:12.820 And so I see that also as part and parcel of the fact that your second hypothesis is the
00:12:17.560 one that is true.
00:12:19.420 And so the criticism of your efforts largely centers around the argument that you were trying
00:12:26.100 to operate in a way outside of our institutions, that our institutions have this way to contemplate
00:12:32.660 these questions, and you go rogue and you try to operate outside the institutions.
00:12:38.120 But as I've reviewed the memo that you wrote that was like falsely deemed the insurrection
00:12:45.880 memo, it is actually a roadmap on how to use a constitutionally contemplated process and
00:12:52.420 how to use the institutions that exist, be it the legislature, be it the Department of
00:12:56.460 Justice, to merely investigate the facts.
00:12:59.020 Like that must be as a Harvard-educated lawyer, as someone who's worked at a lot of these white
00:13:06.680 collar law firms, it must be intensely frustrating that the criticism really showcases the vulnerability
00:13:14.760 of the people who were trying to use the institutions to subvert the evidence and squash the evidence.
00:13:20.880 And you are merely trying to use our institutions to conduct a lawful proper constitutional investigation.
00:13:27.300 It must be deeply frustrating.
00:13:30.100 It is very frustrating, Congressman.
00:13:33.120 And look, it led them to make accusations that are ridiculous and easily legally pierced.
00:13:42.580 For instance, you know, at some points they've argued that, well, the Justice Department can't
00:13:47.720 send letters to people, you know, and can't send letters to states.
00:13:50.920 And I was like, why do we have an intergovernmental liaison function if that's true?
00:13:56.400 We do that all the time.
00:13:57.480 We do that all the time.
00:13:58.420 And indeed, you know, a very early act in the Biden Justice Department was the acting Assistant
00:14:05.400 Attorney General of the Civil Rights Division, Pam Carlin, who was a law professor at Stanford,
00:14:10.400 who also, you know, a quick deviation.
00:14:13.540 When I went into the Justice Department in 2018, the ethics officials told me that I would
00:14:19.980 need to resign my unpaid volunteer position as the head of one of the practice groups for
00:14:25.520 the Federalist Society.
00:14:26.360 And so, you know, I handed it off to somebody else.
00:14:30.460 I gave that to him, right?
00:14:31.120 But that was unpaid.
00:14:32.920 The ethics people cleared Pam Carlin while she was the acting Assistant Attorney General
00:14:37.800 of the Civil Rights Division to continue to receive her $900,000 a year salary from Stanford.
00:14:43.540 And so she sends a letter when Arizona is doing their audit.
00:14:48.120 She sends, and one of the components was to start canvassing.
00:14:51.040 She sends a letter to them and says, don't do that.
00:14:53.780 That's voting interference.
00:14:55.300 Oh, no, we covered that extensively on Firebrand about that effort by the Justice Department
00:15:00.440 to scare states into, you know, into basically lethargy so that they weren't doing the hygiene
00:15:08.600 that you would do to continue to have clean elections.
00:15:11.060 Right.
00:15:11.200 So you seek the lawful, legal, constitutionally contemplated process, and then you get hammered
00:15:20.180 for it.
00:15:20.960 You get indicted.
00:15:22.700 The bar takes action against you.
00:15:25.420 For folks that are just kind of getting familiar with their story, and we're going to introduce
00:15:28.880 the movie in a moment, like from that moment when you wrote the memo we discussed to engage
00:15:35.000 this lawful process, like the things that have happened in your life.
00:15:40.340 Well, it really started with the anonymously sourced story, which only could have come from lawyers
00:15:47.620 because there was a big showdown meeting, and you'll see that, I think, in the preview
00:15:52.480 in the Oval Office on January 3rd, 2021.
00:15:57.340 Everybody in the meeting, with the exception of President Trump, was a lawyer.
00:16:00.320 And so all of them were bound by confidentiality.
00:16:03.640 I certainly didn't go to the New York Times and start laying out the details of what happened
00:16:08.180 at that meeting.
00:16:09.320 So clearly my opponents did, and they're the ones who violated ethical strictures and the
00:16:16.080 laws of confidentiality within the federal government to do that.
00:16:19.740 So that's the first thing that happened.
00:16:21.260 And then, you know, that led to the press descending on my house constantly, harassing me, following
00:16:26.440 me, you know, trying to talk to the children, et cetera.
00:16:31.180 Then, you know, the committee started coming after me.
00:16:34.160 The January 6th committee.
00:16:35.200 No, first the House Oversight Committee under Carolyn Maloney, then the Senate Judiciary Committee
00:16:40.900 under Durbin, and then the January 6th committee.
00:16:44.080 I fought with all of them for quite a while.
00:16:46.100 And then, as a result of that, actually, you know, wound up being canceled and needed to find
00:16:51.600 another job.
00:16:52.380 And that, you know, one reason why I'm very thankful to Russ Vogt, my colleague from the
00:16:56.220 Trump administration, is that now I'm gainfully employed at the Center for Renewing America.
00:17:01.720 So, you know, there was economic pressure, there are legal fees, so many multiple proceedings.
00:17:07.620 There's such a big hit to your reputation.
00:17:10.840 My applications to law firms, which I, you know, put in after the end of the Trump administration,
00:17:18.640 those all died because, you know, that they just took at face value these ridiculous stories
00:17:23.860 that President Trump and I were plotting a coup, and that in particular, right, that I was
00:17:28.960 the mastermind of this coup, right?
00:17:30.660 That there could be, if it's not me, it's John Eastman or some combination of us or something,
00:17:35.700 even though we weren't working together on anything.
00:17:37.920 Yeah, we share your very high view of the Center for Renewing America, everything that
00:17:41.780 you and Russ are doing there.
00:17:43.040 And they've made this terrific, this terrific movie I want to get into, Fearless, at the
00:17:48.880 point of attack.
00:17:49.640 But when the committees were after you, I mean, ultimately, ultimately, the committee, the
00:17:54.380 congressional committees were after you to try to catch you in misremembering something
00:17:59.400 or it was a perjury trap.
00:18:01.700 It was a perjury trap.
00:18:02.500 Absolutely.
00:18:03.180 Yeah.
00:18:03.340 And so you went and asserted your Fifth Amendment privilege to avoid that perjury trap.
00:18:07.720 Well, so the story is a little more complicated.
00:18:10.080 So first, the House Oversight Committee comes after me.
00:18:12.480 We're kind of talking to them, you know, about parameters, about the fact that a lot of this
00:18:16.460 is privileged, et cetera.
00:18:17.700 Yeah.
00:18:18.100 Then I'm up in New York, actually, in connection with New York City, in connection with a job
00:18:23.860 opportunity around Memorial Day of 2021.
00:18:28.140 And I get, this is the most bizarre thing.
00:18:30.420 I don't think I've really told this story in a lot of different forums.
00:18:34.060 A staffer for Senator Durbin sends me a LinkedIn message and says, Senator Durbin wants you to
00:18:39.300 come in to be deposed.
00:18:42.860 And, you know, I started talking to a lawyer who had done congressional investigations for
00:18:47.120 it.
00:18:47.240 I was like, he's like, no, you get a letter from the committee.
00:18:50.940 And then, you know, we also discovered that he lacked subpoena power because of the 50-50
00:18:56.540 divide in the Senate at the time.
00:18:58.180 So, you know, I basically just stiff-armed that and just, you know, didn't go in and
00:19:02.980 refused to do that.
00:19:03.780 And while we were still talking to the House Oversight Committee, one day, the House Oversight
00:19:08.120 Committee representative just hauled off and said, you've been remanded to the January
00:19:13.000 6th committee, so we will no longer be dealing with you.
00:19:16.440 And then the January 6th committee dropped an appearance and a document subpoena on me.
00:19:22.760 And in November 5th, if I remember correctly, in 2021, that's when I showed up for a deposition.
00:19:29.240 And I think I shocked everybody.
00:19:30.920 They moved the hearing place three times, they said, to accommodate great interest in
00:19:38.500 your deposition.
00:19:40.140 And so I think they clearly thought that they were going to lay this perjury trap, or they
00:19:44.760 thought that I would cave and I would start saying things that they could use against
00:19:49.380 President Trump, who's their ultimate end, as we all know, their objective to bring him
00:19:53.220 down.
00:19:54.100 And so that's why they had everybody attend.
00:19:57.160 Adam Schiff came in person, and everybody else was up on a, you know, Microsoft Teams kind
00:20:03.820 of set up on the screen, all the members, with the exception of Benny Thompson, the chairman.
00:20:07.420 You know, he was AWOL.
00:20:09.320 And, you know, they started launching some questions at us, and we produced like a 25-page,
00:20:14.000 you know, letter memo that said, all of this is executive privileged, it's law enforcement
00:20:19.680 privileged, it's deliberative process privileged, and it is lawyer-client privileged.
00:20:24.340 And, you know, they tried to keep me there.
00:20:29.240 They went into a tiff, and they said, you exit the room, we're going to have a discussion,
00:20:34.080 and then we'll have you return.
00:20:35.460 So we went off to a side conference room.
00:20:38.220 After 10, 15 minutes, they called us back.
00:20:40.280 And, you know, we walked in, and we could hear they were still debating with each other.
00:20:44.780 They clearly were divided.
00:20:46.000 There were some of the members who were like, I mean, you know, there's some arguments here,
00:20:50.600 like we're going to have to digest this, we're going to have to, you know, resume the deposition
00:20:54.080 later or something.
00:20:54.820 And there were others saying like, no, we're going to do this today.
00:20:57.500 And so we walked in, and then Schiff like turned around angrily, and he's like, you know,
00:21:02.320 go away, like what, you know, we haven't called you back yet.
00:21:04.320 But we obviously only went back once they, you know, like one of the staffers told us to
00:21:08.420 come back.
00:21:08.760 So we went back, waited another 10, 50 minutes, we came back.
00:21:11.980 It was clear the strategy that they came to was that they were going to have Schiff try
00:21:15.240 to crack me.
00:21:16.940 So he and I went kind of mano a mano on some legal arguments for a while.
00:21:21.660 And then, you know, we're just going round and round the horn with nothing much happening.
00:21:27.280 Liz Cheney in particular wanted to, you know, know the question of what members of Congress
00:21:33.020 had I cooperated with and coordinated with in order to like write the letter, etc.
00:21:38.760 And so, you know, a whole bunch of lines of questions that we refused to answer because
00:21:42.680 it was a perjury trap, and because it's all privileged.
00:21:45.760 And so we just said, look, you can't possibly have digested this 25 page letter in, you know,
00:21:51.780 20 minutes, like in between breaks.
00:21:53.740 And so, you know, we're going to leave.
00:21:56.000 And then, you know, I got the stern talking to you in the morning.
00:21:59.260 Chairman Thompson has not adjourned this deposition.
00:22:02.580 You may not leave.
00:22:04.280 And so I looked at the big Microsoft Teams thing, which is as big as this wall over here
00:22:08.360 to your left.
00:22:09.520 And I said, well, Representative Thompson is not here.
00:22:13.460 Chair Thompson is not here.
00:22:14.460 So we're leaving.
00:22:15.140 So we got up and we left.
00:22:17.940 And to finish the story, because it's an interesting story, you know, a few hours later, we receive
00:22:23.360 a letter from Benny Thompson that purports to overrule all of the privilege claims with
00:22:29.440 a little bit of, you know, legal argument thrown in.
00:22:31.780 It's a couple, three, four page letter.
00:22:33.720 And it says, we hereby order you to return for the continuation of the deposition at, you
00:22:39.980 know, like 4 p.m.
00:22:41.260 And the problem was it was already 4.20 p.m.
00:22:43.820 And so we had some fun writing back and saying, like, we don't have a time machine.
00:22:47.300 I can't get back there.
00:22:48.160 And in any event, my lawyer has already boarded a plane to return to Atlanta.
00:22:52.300 Very sorry.
00:22:53.500 And so eventually they tried to hold me in contempt.
00:22:56.660 And I had to come in for a second deposition.
00:22:58.720 It was at the second deposition.
00:23:00.920 I sent a long letter beforehand where I stood on that letter, too.
00:23:04.220 But then I went in for a second deposition in early 2022 and took the fifth.
00:23:10.760 And then they just asked me a whole bunch of questions.
00:23:13.040 And they left.
00:23:13.820 And then they all they did was attack me in hearings later that year.
00:23:17.920 And they are not the only entity that has been on the attack.
00:23:21.740 You know, whether it's it's been the even the Department of Justice's inspector general
00:23:26.580 showing up at your house and hustling and wrestling you out of bed.
00:23:30.000 Just it seems as though the process is the punishment.
00:23:32.920 Yes.
00:23:33.520 And and I tell you what, it really was captured by the Center for Renewing America's
00:23:38.100 recent documentary produced and directed by our good friend Kingsley Wilson.
00:23:42.440 And it it is called Fearless at the point of attack.
00:23:46.880 It's Jeff's great story.
00:23:48.480 We've pulled a cut of it for you.
00:23:50.020 You're going to want to see the whole thing.
00:23:51.220 But watch this.
00:23:52.440 Enjoy.
00:23:52.680 We'll be back on the other side to discuss.
00:23:54.000 At the center of Mr. Clark's plan to undo President Trump's election loss was a letter.
00:24:00.780 Just days before the deadly January 6th assault on the Capitol, one of the ex-president's top
00:24:05.940 Department of Justice officials at the time was circulating a draft letter that would have
00:24:11.260 helped Georgia Republicans overturn Biden's victory in that state.
00:24:15.300 So the letter was quite modest.
00:24:17.660 The letter indicated that the Georgia legislature could call itself into special session and
00:24:25.420 they should look at the report they had received from their own Senate subcommittee and then
00:24:30.940 decide for themselves whether the certified slate of electors at that time for Joe Biden was
00:24:36.840 actually the proper slate of electors or not.
00:24:38.720 I mean, you can't imagine something that seems, you know, more process oriented, right,
00:24:43.820 and more basic and more fundamental to making sure that the American people have confidence
00:24:49.360 in their elections than a recommendation that a state legislature do a further analysis.
00:24:55.100 And yet, you know, the screaming, talking heads on the MSNBCs of the world and the CNNs,
00:25:01.260 you know, they just went into apoplexy about the idea that anyone would suggest this.
00:25:05.160 Before dawn on Wednesday, which is, say, yesterday, a large group of armed federal agents
00:25:11.380 wearing body armor with weapons, raided Jeff Clark's home.
00:25:15.600 They dragged him into the street in his pajamas.
00:25:17.560 Now, what did Jeff Clark do wrong?
00:25:19.220 Jeff Clark did not commit any crime.
00:25:21.500 What he did wrong was calling for an investigation into voter fraud.
00:25:25.020 When my youngest daughter, who was then 12, came back from Atlanta and nobody else was around,
00:25:30.080 she sat down next to me and she asked, you know, Dad, do you think the agents read my diary?
00:25:34.260 And that really hit me, you know, because there's no one who should have to go through this
00:25:40.120 because of these political battles and these perversions of the justice system.
00:25:44.820 I love the law and I've given my life to the law.
00:25:48.120 I studied the law.
00:25:49.800 I have practiced law as a litigator.
00:25:52.480 I have made law as a state lawmaker and as a federal lawmaker.
00:25:55.720 And so to see my profession weaponized and really just tortured in such a manner, it's very painful.
00:26:06.520 It makes me feel empty about the work of my life on some days when I see what's happening
00:26:10.720 to people like President Trump or Jeff Clark.
00:26:13.400 The way you get power in this town is you help your friends and you hurt your enemies.
00:26:17.100 And the DOJ is, I would say, probably the worst example of the worst features of that.
00:26:22.660 But Jeff Clark saw through that.
00:26:24.800 And that's why he was such a threat.
00:26:26.380 This lawfare has many elements of it.
00:26:28.240 Number one is to put Trump and Trump's inner circle of advisors either into bankruptcy
00:26:33.160 or to put him in jail or to break him somehow, like they're trying to do the president.
00:26:38.540 The other aspect of it is to, and this is actually a more advanced element of it,
00:26:43.120 is to make sure that they take out the lawyers.
00:26:46.200 Jeff Clark's not just disbarment.
00:26:48.160 I mean, the whole assault on him every day and the assault in media is a coordinated attempt
00:26:52.920 to basically show, like Eastman, we're going to take out the best guys you have.
00:27:00.280 We will only defeat these people if we are sufficiently relentless.
00:27:05.020 We have to exhaust them.
00:27:06.620 We have to offer everything that we have and like shoot at the Death Star.
00:27:10.380 We have no other choice because to decamp from the legal practice or even our institutions
00:27:16.740 would surrender the greatest country to the most evil people in it.
00:27:20.940 In a word or in a sentence about what could be done, it would be to fight fire with fire.
00:27:25.720 Because until fire is fought with fire, the Republicans are going to be attacked by this lawfare
00:27:32.200 and the Democrats are going to dance around with glee, that they're not facing any consequences
00:27:37.620 for perverting the justice system.
00:27:39.440 And we can't allow that to happen.
00:27:43.360 We're back live and Jeff Clark is indeed sufficiently relentless.
00:27:47.780 This is a great flick.
00:27:49.440 Center for Renewing America has it on their X platform.
00:27:52.240 You can find it on our stream as well.
00:27:54.680 And it really shows the pattern that we see play out against President Trump, against other fighters.
00:28:01.380 You know, Jeff, you are still in the fight.
00:28:04.340 No one would have blamed you to take your brilliant mind, head off and escape this kind of sewer
00:28:11.420 of pain that has been inflicted on you.
00:28:14.900 But you're still here.
00:28:15.940 You're still working.
00:28:16.800 Talk a little bit about the work you're doing now at the Center for Renewing America and
00:28:19.760 how folks can keep up with your writing and your research.
00:28:22.980 Sure.
00:28:23.300 Well, you know, thanks for agreeing to be in the movie first.
00:28:27.040 I really appreciate that.
00:28:28.160 And I thought your contributions were great.
00:28:30.200 Some of which you saw there in the clip that you played.
00:28:33.300 So at the Center for Renewing America, you know, we have a small but growing team of lawyers
00:28:38.440 as well as policy people.
00:28:42.240 You know, we are probably one of Washington's newest think tanks, newest conservative think
00:28:47.220 tanks.
00:28:47.720 We have budget experts.
00:28:49.500 We have, you know, folks who are working on matters of the intersection of faith and
00:28:54.640 policy.
00:28:55.280 And we have legal experts.
00:28:58.540 And so, you know, most recently, one of my colleagues, Mark Paoletta and some other affiliates
00:29:05.440 we have put out some great work about the Impoundment Control Act, which, you know, may seem as a, you
00:29:13.300 know, to be something obscure to, you know, listeners, viewers of yours.
00:29:17.040 But look, it's very important because basically it's an attempt to really blow the doors off
00:29:25.140 federal spending.
00:29:25.900 It's one of the reasons why the budget has been, you know, just the deficit and the debt
00:29:30.780 have exploded since the Nixon administration when they put this statute in.
00:29:34.500 And so that paper's up on our website.
00:29:36.700 You can go there.
00:29:37.280 The website is americarenewing.com.
00:29:40.260 I've done and I'm still doing work about the Justice Department.
00:29:43.820 And so, you know, we got featured for a paper I did about the Justice Department on the front
00:29:48.860 page of the New York Times, actually, a paper that I entitled the DOJ is not independent
00:29:55.040 because another one of these so-called post-Watergate norms is the idea that the Justice Department
00:30:01.820 is separate and apart from the president and that the president can't tell them what to
00:30:06.460 do.
00:30:06.940 And somehow it's unseemly if he tells them what to do and politicized, et cetera.
00:30:11.620 And, you know, I remember having some early debates about this, even online on X with Kyle
00:30:16.900 Cheney, this reporter from Politico.
00:30:18.800 And he was like, he couldn't see it.
00:30:20.820 He couldn't understand how is it that you could not be politicized if the president is in
00:30:25.740 charge of the Justice Department.
00:30:26.780 And I was saying, like, look, you can violate the Equal Protection Clause, right?
00:30:30.820 If a president of one party or the other decides I'm going to prosecute only, you know, members
00:30:36.840 of the opponent party, that's clearly a violation of equal protection, right?
00:30:42.080 So that's the constitutional guarantee.
00:30:44.700 The idea, though, that the president is not the head of the executive branch, he is the
00:30:48.380 head of the executive branch.
00:30:49.480 That means the DOJ reports to him, the attorney general.
00:30:52.880 Which branch of government is the DOJ in, if not the executive branch?
00:30:56.720 Well, you know, what the unstated or sometimes stated answer to that is that, you know, they're
00:31:01.800 part of the fourth branch of government, right?
00:31:04.460 The unelected bureaucracy that wants to be free of presidential power or any other branch's
00:31:09.600 power to the extent that they can.
00:31:10.940 Yeah, that's not really built into our concept of checks and balances, that there's this
00:31:15.240 completely unaccountable floating orb at the Justice Department.
00:31:19.560 Right, and look, you know, I don't want to pat myself on the back too much, but I viewed
00:31:25.380 Merrick Garland, the attorney general's big statement that they broadcast last week from
00:31:32.660 the Great Hall of Justice, which incidentally one of my, you know, big corner offices at
00:31:37.520 the Justice Department was close to.
00:31:39.100 The other one was on the floor just above it, behind it.
00:31:41.900 And, you know, he's in the Great Hall of Justice on the second floor of the Justice Department
00:31:46.760 surrounded by, you know, murals of the great figures of justice like, you know, Moses and
00:31:51.640 Jesus, but Blackstone, et cetera.
00:31:53.920 And he's talking to all the U.S. attorneys and he says, at the Justice Department, we believe
00:31:59.460 in independence and we believe in protecting the norms of, you know, the Justice Department
00:32:05.000 that we've followed ever since Watergate.
00:32:06.780 And as my paper explains, and so I really encourage your, you know, viewers and listeners
00:32:12.640 who have an interest in this to go to the website, americarenewing.com and look at that
00:32:16.360 paper, is that what are norms, right?
00:32:20.240 There's the Constitution, there's statutes, there are regulations, there are judicial decisions.
00:32:26.120 Norms for me does not compute.
00:32:28.440 Norms are not law.
00:32:29.580 They're not any form of law.
00:32:30.760 And they're certainly not a form of law superior to the Constitution and its separation of powers,
00:32:34.680 which only has three branches, not four, not five.
00:32:37.760 And, you know, I thought that Merrick Garland's entire speech was essentially an attempt to
00:32:42.740 sort of like push back on that and say, no, we want these norms.
00:32:46.500 And we're, you know, desperately threatened by the fact that if President Trump is reelected,
00:32:51.540 these norms that we developed of a fourth branch of government and trying to institutionalize
00:32:56.200 that will go into the ash heap of history, but that's where they should go.
00:33:00.000 Yeah, describing something as a norm in Washington, D.C. used to be vaulted.
00:33:03.540 Now it is like a critique, and rightfully so, by the way, because it's been a lot of these
00:33:08.040 norms that have harmed our country a great deal.
00:33:11.760 Jeff, you know, the question a lot of my viewers will have is, are we ready for what's coming
00:33:15.940 next?
00:33:16.900 You got such a close look at the way the machine of this town tried to squelch any concerns
00:33:24.040 about election integrity.
00:33:25.800 And I mean, this election is ongoing right now.
00:33:27.740 People are voting in Pennsylvania and elsewhere.
00:33:30.000 What would you tell my viewers about the cleanliness and the integrity of the election that is underway
00:33:36.360 currently?
00:33:37.520 Well, I'd like to see that there were more efforts undertaken in that direction.
00:33:42.320 We only have less than 50 days now.
00:33:45.100 So I think, you know, in terms of what operationally can you do, I think you need to get as many
00:33:50.800 of your neighbors, you know, to either put in mail-in ballots or commit to show up that day.
00:33:56.800 And on election day, if you can take the day off and you can help drive people there, that'd
00:34:02.080 be great.
00:34:02.520 You know, talk to any undecided voter.
00:34:04.060 You can strike up conversations with your neighbors or with people you meet.
00:34:09.160 But just like, what about the laws?
00:34:10.760 Because I look at the laws in some places like Georgia, and they got better with signature
00:34:16.220 verification.
00:34:17.260 And with ending Zuckerbuck's in Georgia, for instance.
00:34:19.780 Very good.
00:34:20.300 So yeah, directionally correct.
00:34:22.260 But then I look at Maricopa County, Arizona, and I can't really point to a lot of major
00:34:28.160 improvements there.
00:34:28.820 And then I look at Pennsylvania, and it almost feels like they're going in the wrong direction.
00:34:32.680 So when you amalgamate it all together, I guess when people are watching these results
00:34:36.940 come in, how confident should they be?
00:34:39.860 Well, I think people should use their common sense.
00:34:42.200 And I think that's what the way the American people reacted after the 2020 election, right?
00:34:48.020 Despite the fact that a media onslaught ensued, not just based on, you know, what the experts
00:34:55.000 were saying, that no one should be concerned.
00:34:57.140 The election was, it was the most pristine election, most secure election in U.S. history,
00:35:01.560 right?
00:35:01.980 Even though they were violating all of the CISA protocols, even though they were violating
00:35:05.940 the computer requirements and the Help America Vote Act have, you know, and on and on.
00:35:11.640 They tried to tell us it was the most secure election.
00:35:13.880 American people didn't believe it, right?
00:35:15.400 And they even didn't believe it after they tried to strike fear into the hearts of Americans
00:35:19.760 by trying to string up anyone who went to the January 6th protest, whether they were
00:35:24.000 engaged in the riot or not, just setting foot in the secured area, many of which, you know,
00:35:29.520 people didn't even know it was a secured area because the fencing and signs had been knocked
00:35:33.460 down by the time they got there.
00:35:35.080 So, you know, I think continue to exercise common sense when you look at this.
00:35:40.180 If we see another shutdown of counting in the middle of the night, you know, I hope the American
00:35:45.240 people won't stand for that.
00:35:47.000 And I think this time, you know, I think the Supreme Court did not want to touch the 2020
00:35:52.020 election.
00:35:52.800 But I think what happened in the immunity decision that was issued by the Supreme Court
00:35:56.900 on July 1st, I think the chief justice has had enough of this lawfare.
00:36:01.720 And I think that this time, you know, if there's a big case that comes to the Supreme Court,
00:36:07.540 gives them a chance to rule on the 2024 election because it looks like it's been stolen a second
00:36:12.280 time, I think they may well take that case.
00:36:15.380 So I hope it doesn't come to that.
00:36:17.240 I hope that, you know, we flood the system that, as the saying is going, you know, on
00:36:22.500 the Republican side, it's too big to rig.
00:36:24.980 But, you know, and I'm praying for that.
00:36:26.700 I think everyone should put prayers in, too.
00:36:29.080 But, you know, there is a better legal strategy, I think, and better legal preparations than
00:36:34.380 last time.
00:36:34.880 But, you know, I guess I would rather have seen it be 100 times stronger than it's been.
00:36:39.880 Yeah, you can't.
00:36:40.560 I mean, I'm just going to be straight with people.
00:36:43.820 You know, on a scale of 1 to 10 on election integrity, not based on like the third world,
00:36:49.920 but based on where America should be, I feel like we're at about a three and a half or a
00:36:53.920 four.
00:36:54.400 I agree with that.
00:36:54.980 In the 2020 election.
00:36:56.620 And I feel like now, you know, maybe we're at like a five, five and a half.
00:37:01.360 I really don't think we have made the requisite reforms, particularly to the mail voting, where
00:37:08.200 we're certain that the ballots that are being tabulated were indeed intended to be cast
00:37:13.100 by a voter.
00:37:14.000 That's my principal concern.
00:37:15.920 And, you know, a lot of the people who watch this program, you're engaged, you're involved.
00:37:20.600 But what you need to know is that the survival of the republic depends on folks a lot smarter
00:37:26.960 than us, technocrats who study these things, who work on these things.
00:37:31.360 And then who are who are resilient in the crucible moment when it's really on the line.
00:37:38.320 And Jeff Clark is a hero of mine.
00:37:40.880 He's a patriot for our country because when he saw things weren't going well, he could
00:37:45.840 have just gone along with everybody else.
00:37:47.560 And by the way, if that were the case, he'd be making three times the salary at one of
00:37:52.040 the Ivy League, you know, white white shoe law firms here in Washington, D.C.
00:37:58.220 But he wanted to be a voice for our institutions.
00:38:01.640 That's that's what's so tragic about this.
00:38:03.940 He wanted to be a voice for the institutional capacity to deal with these irregularities
00:38:08.980 that we were seeing and the concerns that legitimately needed to be evaluated.
00:38:12.900 And for that, they smeared him.
00:38:15.700 They indicted him.
00:38:17.600 They're trying to disbar him.
00:38:19.220 And this this film, Fearless at the Point of Attack, Center for Renewing America, it
00:38:24.300 really chronicles what happens to the people that you have to rely on if you want a safe
00:38:29.300 and secure country.
00:38:30.440 And, you know, this this is not a political show.
00:38:32.780 It's a show that goes over policy.
00:38:34.420 But the policies that we want to see at the Department of Justice are in line with what
00:38:38.980 you just heard Jeff describe, where the Department of Justice isn't some like unaccountable
00:38:43.740 thing out there, but it is actually part of the executive branch and that it's fulfilling
00:38:47.960 the mandate that the executive achieves through a free and fair election.
00:38:52.960 Jeff, I want to give you the last word, give you the chance to talk about where folks can
00:38:56.400 follow you on on X and continue to be supportive of all you're doing for the country.
00:39:01.420 Sure.
00:39:01.740 Well, thanks again for having me on.
00:39:03.780 I really appreciate it and your contributions to the to the movie.
00:39:07.000 So the Center for Renewing America, again, is at America Renewing dot com.
00:39:10.720 I am at Jeff Clark U.S. on X and on Getter and at Real Jeff Clark on Truth Social.
00:39:18.820 And, you know, can I do this?
00:39:20.560 Can I can I ask, you know, if any of your viewers see fit to do it, to send either prayers
00:39:25.140 or contributions to give send go dot com slash Jeff Clark.
00:39:30.700 That's just J-E-F-F-C-L-A-R-K.
00:39:33.520 Because, you know, at this point, the legal bills, they're just they're enormous and they
00:39:37.480 spread across six different forums since they started unleashing these attacks against me
00:39:42.200 in early twenty twenty one.
00:39:44.120 We have to be relentless.
00:39:45.780 Jeff Clark certainly is.
00:39:46.880 And we would ask all of you to be relentless as well.
00:39:49.300 Thanks so much for joining me, my friend.
00:39:51.100 And we'll be back soon.
00:39:52.520 Roll the credits.
00:39:52.940 We'll see you next time.