The Charlie Kirk Show - August 07, 2023


6 Ways Jack Smith’s Newest Indictment is Fatally Flawed with Kane and Will Scharf


Episode Stats


Length

35 minutes

Words per minute

185.83492

Word count

6,529

Sentence count

496

Harmful content

Misogyny

1

sentences flagged

Toxicity

3

sentences flagged

Hate speech

3

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

On today's show, we have a special guest on the show, Citizen Kane from the conservative website Citizenfreepress. After a summer of indictments, it's safe to say it's going to be a big summer for the Trump administration.

Transcript

Transcripts from "The Charlie Kirk Show" are sourced from the Knowledge Fight Interactive Search Tool. Explore them interactively here.
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 Hey everybody, Dan of Charlie Kirk Show, Citizen Kane with incredibly sharp commentary and Will Scharf as well, who's running for Attorney General of Missouri.
00:00:07.000 Known Will for a long time.
00:00:08.000 He has my complete support.
00:00:10.000 And I got to tell you, his commentary on this legal stuff is first class.
00:00:13.000 If you are confused about what's going on, listen to this episode and text it to your friends.
00:00:17.000 Give us a five-star review.
00:00:19.000 As always, you can email me freedom at charliekirk.com and subscribe to our podcast and get involved with TurningPointUSA at tpusa.com.
00:00:26.000 That is tpusa.com.
00:00:29.000 Start a high school or college chapter today at tpusa.com.
00:00:32.000 Buckle up, everybody.
00:00:33.000 Here we go.
00:00:34.000 Charlie, what you've done is incredible here.
00:00:36.000 Maybe Charlie Kirk is on the college campus.
00:00:38.000 I want you to know we are lucky to have Charlie Kirk.
00:00:42.000 Charlie Kirk's running the White House, folks.
00:00:45.000 I want to thank Charlie.
00:00:46.000 He's an incredible guy.
00:00:47.000 His spirit, his love of this country.
00:00:49.000 He's done an amazing job building one of the most powerful youth organizations ever created, Turning Point USA.
00:00:55.000 We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:01:04.000 That's why we are here.
00:01:08.000 Brought to you by the Loan Experts I Trust, Andrew and Todd at Sierra Pacific Mortgage at AndrewandTodd.com.
00:01:16.000 Joining us now is Citizen Kane from my favorite website, citizenfreepress.com.
00:01:24.000 Mr. Kane, welcome back to the program.
00:01:26.000 I think I visit your website 20 or 30 times a day.
00:01:28.000 It's what Drudge Report used to be at citizenfreepress.com.
00:01:31.000 Just super quick, how's the traffic going, Citizen Kane?
00:01:36.000 You know, July and August are typically vacation months.
00:01:42.000 So if you get into the nitty-gritty of it, we're down about 5% from where we were in June.
00:01:50.000 We're doing about 11 million to 12 million page views a day.
00:01:56.000 It hasn't really stopped.
00:01:59.000 So traffic is strong and interest is high.
00:02:02.000 This isn't a normal August.
00:02:03.000 I mean, last week was not the normal first week of August.
00:02:08.000 So people are tuning in and they're paying attention.
00:02:11.000 And, you know, visiting, you mentioned visiting 20 times a day.
00:02:14.000 You're not alone.
00:02:16.000 I took a little time off in the past three days.
00:02:19.000 I golfed a couple of times.
00:02:21.000 And, you know, people, it caused a few issues with people because the site wasn't updating every, you know.
00:02:29.000 I know.
00:02:31.000 I was getting, come on, it's been two hours.
00:02:33.000 Where's my stack?
00:02:34.000 Why is the stack not getting updated?
00:02:36.000 And, you know, Citizen Kane is one of the good guys.
00:02:39.000 He's in it for the right reasons.
00:02:40.000 He works his tail off.
00:02:41.000 I kid you not.
00:02:41.000 I text him at like 2 a.m. and he responds almost immediately.
00:02:45.000 It's incredible.
00:02:46.000 So, Kane, you and I had a conversation back in April or May.
00:02:51.000 It was a late-night conversation, and you were so clear.
00:02:54.000 You said, I see it now.
00:02:55.000 It's going to be the summer of indictments.
00:02:57.000 You were way, you had far more clarity on this than almost every one of these talking heads on television or these people that say, oh, Donald Trump will never be indicted.
00:03:05.000 You saw it clearly.
00:03:07.000 So now it's real.
00:03:08.000 Multiple indictments, more coming, Georgia coming, which you and I were always most worried about.
00:03:12.000 Where do we stand now, Citizen Kane, after a summer, a blitzkrieg of indictments, Donald Trump facing 600 years in federal prison?
00:03:19.000 Yeah, that's quite an ominous statement about 600 years in federal prison.
00:03:24.000 And I watched your intro, which was fantastic, your first 20 minutes or so from the show this morning, how you laid it all out.
00:03:30.000 And I wasn't alone.
00:03:32.000 I mean, you were right there with me.
00:03:34.000 And I have to think that these other journalists, I don't know if they just don't take the time to think these things through, but it was obvious that it was coming in Manhattan and what was coming in Georgia.
00:03:43.000 And we both saw two indictments from potential indictments from Jack Smith.
00:03:50.000 So we were just, you know, thinking ahead, I think.
00:03:53.000 And we saw it coming.
00:03:55.000 Yeah, we saw it coming.
00:03:56.000 And it's, you know, it's not good.
00:03:57.000 I mean, people have been, I almost feel like there's nothing more I can say, right?
00:04:03.000 I've been covering everything.
00:04:04.000 You've been saying everything.
00:04:05.000 All of the talking heads, Oliver Fox News, I've got it on right now, are covering it.
00:04:11.000 But no one's really getting into, I think, what are the important issues.
00:04:14.000 And so here's one question I wanted to ask you.
00:04:16.000 When do you think Jack Smith wants to have the January 6th trial?
00:04:20.000 I have this feeling, before you answer, I have this feeling that he wants to be first.
00:04:25.000 We know March 24th is going to be the Manhattan case.
00:04:28.000 I think Jack Smith is angling for somewhere in December, January for this J6 case. 1.00
00:04:33.000 What do you think?
00:04:34.000 Yeah, I think that's smart.
00:04:36.000 I think it's also going to be, I mean, Jack Smith has multiple ones, right?
00:04:38.000 He has the documents and then he has January 6th. 0.81
00:04:41.000 Fannie Willis is a complete deranged lunatic in Fortin County.
00:04:46.000 But it depends which case does Jack Smith want. 0.79
00:04:50.000 I mean, Jack Smith wants to get points on the board before ballots go out in October.
00:04:54.000 He does not want, he wants Donald Trump to be a convicted felon before ballots go out.
00:04:59.000 And this is, again, this is something super important.
00:05:02.000 If you look at the length, this is why, you know, some people who watch our program, they say, Charlie, you spend too much time quoting MSNBC.
00:05:10.000 And I want your thoughts on this, Kane.
00:05:12.000 You spend too much time quoting Morning Joe.
00:05:14.000 I said, you have no idea.
00:05:15.000 What is probed on Morning Joe in trial balloons becomes policy and or action six to nine months later.
00:05:21.000 Absolutely.
00:05:22.000 Can you riff on that?
00:05:23.000 Because I think the unsophisticated thinks that we watch too much of their television.
00:05:27.000 And that we post too much of this stuff.
00:05:29.000 And trust me, I hear it 20 times a day.
00:05:32.000 And it infuriates me because, look, are we, you know, are we interested in actually knowing what's coming?
00:05:38.000 And just like you said, these are trial balloons.
00:05:41.000 You have to watch Lit Media.
00:05:43.000 You have to watch MSNBC.
00:05:44.000 I mean, if you watch MSNBC, you saw Andrew Weissman lay out this entire case.
00:05:50.000 You know, that's part of how we know this stuff has been coming.
00:05:53.000 So, yeah, that's incredibly infuriating.
00:05:56.000 People understand we do not support MSNBC.
00:05:58.000 We do not support CNN.
00:06:00.000 We do not support Yahoo.
00:06:02.000 But you can learn so much.
00:06:04.000 Yeah.
00:06:04.000 So we're posting these links so people know what's going on.
00:06:07.000 I want to say really quickly, before you say this, I want to say really quickly about Yahoo because people get me, you know, Kane, why are you linking to Yahoo?
00:06:14.000 People need to understand that I'm trying to give, number one, I'm trying to find sources that have no pop-ups, that have no paywalls, that have no firewalls, and all kinds of sources from the Washington Post to Bloomberg to Business Insider, sort of good lefty sources that give you an idea of what Democrats are planning.
00:06:35.000 Those sources are available on Yahoo.
00:06:37.000 And on top of that, Yahoo actually has comments now, again, after they suspended them for two years.
00:06:42.000 So I want people to know that I'm not being lazy.
00:06:45.000 They have no idea.
00:06:46.000 Almost every story I find, I have to, I do multiple searches to try to find the absolute best source, the source that, you know, anyway, so it's interesting that you brought that up because it's something I think about all the time because people are always complaining about why are you posting these mainstream sources?
00:07:02.000 So just so people understand, Charlie and I are showing you this stuff so you know what's coming.
00:07:09.000 Yeah.
00:07:09.000 And so this is we could see what's coming ahead of it.
00:07:12.000 And if you know what's coming, then you can plan.
00:07:15.000 So two thoughts I have on this.
00:07:16.000 Understand that when someone goes on MSNBC, like that lunatic historian, and he compares half the country and the election of Donald Trump to Pearl Harbor, 9-11, all that, it's not just something he woke up at 5 a.m. and it's like, I'm going to go on Morning Joe and say this.
00:07:29.000 This is a reflection of conversation that happens at the Aspen Ski Lift.
00:07:36.000 This is conversation that happens at the restaurants in Jackson Hole that high society is having at their dinners in downtown Manhattan.
00:07:45.000 So you get little crumbs and little windows and little mirrors, especially when Mika and Joe just start spitting off.
00:07:51.000 This is stuff that has been workshopped.
00:07:53.000 Therefore, Kane, are you, and I want to be honest with you, I want you to be 100% honest.
00:07:58.000 Have you seen the action, the investment that is going to allow us to see where it's going, not throw where the receiver is, to use a football analogy because football is heating up, but where the receiver is going.
00:08:08.000 Have you seen the evidence yet, Citizen Kane, that the right has wargamed or whiteboarded what is happening in our country right now to potentially defeat these people in November of 2024?
00:08:19.000 No, that's a really good question.
00:08:20.000 And being honest, we aren't seeing it.
00:08:22.000 Who would we see it from, Charlie?
00:08:23.000 It would be the RNC and Rona.
00:08:25.000 Yes.
00:08:25.000 Right.
00:08:27.000 So who's, you know, so who's trying to sort of fill that void?
00:08:31.000 I feel like really, you know, there are some good shows, but I really feel like War Room with Bannon and your show are the only two that every single day are getting into it and getting into, as you said, sort of what's coming.
00:08:44.000 What is the enemy thinking?
00:08:45.000 How do we anticipate that movement by the enemy?
00:08:48.000 And how do we be prepared for it?
00:08:50.000 So no, we aren't being helped.
00:08:52.000 I mean, I think, isn't that the split?
00:08:54.000 Isn't that what the whole sort of base split in the Republican Party is about?
00:08:58.000 That we have sort of these forward America first thinkers who are proactive tend to be a little bit younger and aggressive.
00:09:07.000 And then we have the, you know, the rhino part of the party, which is so, you know, which is so apparent in the Senate. 0.70
00:09:14.000 And so we sort of have this split.
00:09:17.000 And unfortunately, most of the, let's call it the corporate money is on the rhino side.
00:09:22.000 So the RNC has access to the huge donors and these and the people that they could, you know, if Rona McDaniel were really concerned about these things, she should have multiple programs laid out.
00:09:32.000 For example, what TPUSA has done, and I've mentioned it before, giving $5 million to Scott Pressler for Wisconsin is a beautiful way to start.
00:09:42.000 But that should be done by the RNC.
00:09:44.000 You shouldn't have to be doing that.
00:09:45.000 You shouldn't have to be coming in and filling in where they're not working.
00:09:50.000 And what is happening in Wisconsin, what you're doing in Wisconsin, that's just a drop in the bucket.
00:09:56.000 You talk about the Zuckerboxes and the Zuckerbox and the $400 million.
00:10:00.000 I mean, we're still fighting a huge uphill battle.
00:10:03.000 And the only one who can help us win that battle is the RNC and the corporate.
00:10:07.000 I mean, you're right.
00:10:08.000 Sorry to cut you off, Kane.
00:10:09.000 We're up against Radio Break.
00:10:10.000 I'm looking at FEC.gov, Never Back Down Inc., which is Ron DeSantis' PAC.
00:10:13.000 They raised $130 million last quarter.
00:10:16.000 Unbelievable.
00:10:17.000 $130 million.
00:10:18.000 If Ron DeSantis said, I'm not running for the presidency, 2028, I am going to run.
00:10:22.000 He could almost announce like four years in advance, but I'm going to defeat the Marxist Democrats.
00:10:26.000 He would be in the pantheon of conservative legends.
00:10:30.000 He would look like a team player, ballot chasing infrastructure.
00:10:33.000 He could be a comfortable governor, raise his kids, have a beautiful life, sell another best-selling book.
00:10:41.000 Strong sell is amazing.
00:10:43.000 I got to tell you, the combination of NADH, CoQ10, and collagen is really something.
00:10:49.000 People ask me, they say, Charlie, how do you keep your energy up?
00:10:52.000 How do you just keep on pushing?
00:10:53.000 Look, part of it is diet nutrition, but I'll be honest, I take supplements really seriously.
00:10:59.000 Fact check me on this.
00:11:00.000 You can say, oh, Charlie, I'm going to fact-check you.
00:11:01.000 Type this into your search engine.
00:11:03.000 Maybe it's Google, maybe not.
00:11:05.000 NADH.
00:11:07.000 Just type it in.
00:11:08.000 What does it tell you?
00:11:10.000 It might tell you that it is the secret to living long, anti-aging properties, more energy.
00:11:15.000 Well, all of that is being proven in more and more clinical trials.
00:11:18.000 NADH is a precursor so that your mitochondria can remain healthy and vibrant.
00:11:24.000 The elites, a lot of billionaires, people, a lot of money, they spend a ton of money on NAD.
00:11:28.000 It's a fact.
00:11:28.000 NAD just might be your secret weapon for more energy.
00:11:32.000 I take NAD every single day.
00:11:34.000 I could tell you that NADH compared with CoQ10, the trials show very, very good things.
00:11:40.000 Don't take my word for it, but I mean, honestly, my word should be good for something.
00:11:43.000 But fact check me.
00:11:45.000 Look at it.
00:11:46.000 And if you do it over 30 days, you'll see an increase in energy.
00:11:48.000 I wake up better than ever before.
00:11:51.000 NAD can help you potentially, again, fact check me on this with depression, anxiety, other issues that you might be dealing with.
00:11:58.000 It is nature's gift to you so you might have extra energy and mental clarity.
00:12:03.000 You guys can use promo code Charlie for 20% off at strongsell.com/slash Charlie.
00:12:08.000 NAD might be nature's secret weapon for you.
00:12:13.000 I love it.
00:12:14.000 I take it every single day.
00:12:16.000 Try songs, try to try it for at least 30 days to see the maximum benefit.
00:12:20.000 And let me know: has NAD helped your life?
00:12:22.000 Strongsell.com/slash Charlie.
00:12:24.000 Check it out.
00:12:25.000 Strongsell.com/slash Charlie.
00:12:30.000 Well, let's face it, right?
00:12:33.000 You and I have discussed Ron DeSantis before.
00:12:36.000 I don't think Ron DeSantis is a rhino.
00:12:38.000 I don't think he's a Jed Bush wannabe.
00:12:40.000 I think the Trump influencers and the Trump campaign, to their credit, because, you know, everything's a battle, right?
00:12:46.000 So to their credit, they've been able to paint DeSantis' way, and his poll numbers have fallen dramatically.
00:12:52.000 This was not the time for DeSantis to run.
00:12:54.000 You and I both knew this.
00:12:55.000 We've tried to sort of warn the governor, you know, indirectly ahead of time that 2024 wasn't really his time.
00:13:02.000 2028 would be his time.
00:13:05.000 I say now, Charlie, he's actually in danger.
00:13:08.000 You brought up a great point.
00:13:09.000 He's, you know, his campaign every week, it gets a little bit worse.
00:13:14.000 His numbers are not, they're not growing, they're shrinking.
00:13:18.000 So he's a little bit, he's a little bit at risk of becoming the next Scott Walker.
00:13:23.000 If you remember what happened in 2016, immediately, you know, and so I think that DeSantis, who has to be one of the three or four best potential candidates for 2028, is risking all of this by staying in the race.
00:13:37.000 He continues to get destroyed on Twitter, destroyed on social media by the sort of the Trump influencers, and it's not a good look for him.
00:13:44.000 And it's not working out.
00:13:46.000 You had yesterday's Drudge Report leading with the empty seats, the empty venue in Iowa that he was speaking to.
00:13:52.000 And then also DeSantis' largest donor, right?
00:13:55.000 This hotel entrepreneur who gave in $20 million, that guy has announced that he's not going to be giving any more money to DeSantis unless he starts bringing in other donations or moderates his positions.
00:14:08.000 The article is up, that 20 million donation article is up on CFP, if people want to read it.
00:14:13.000 But my point is: so, how can he flip the script?
00:14:16.000 And I haven't really thought about it until what you said.
00:14:19.000 And that would be the perfect way.
00:14:21.000 He could gracefully bow out.
00:14:23.000 He could prevent himself from becoming an also ran and, you know, an afterthought. 0.96
00:14:28.000 He could do all of this, plus, donate this $130 million, not to Trump, but to what TPUSA and other conservative groups are attempting to do to help win these seven swing states.
00:14:44.000 Because that's, you know, I've been going for two minutes and I want to let you get in, but we know that's where it's all coming down to.
00:14:50.000 This is going to be an incredibly close race.
00:14:52.000 Yes, it will be.
00:14:53.000 And by the way, Kane, something to explore.
00:14:55.000 And I know that on the stack, you've been one of the few outlets.
00:14:58.000 You've been looking at Cornell West.
00:14:59.000 You've been looking at no labels.
00:15:01.000 We have no idea the composition of votes.
00:15:04.000 This is going to be a lot of chaos and confusion.
00:15:06.000 You know, if the remember, the Green Party was not on the ballot in the key states in 2020, largely because of COVID.
00:15:12.000 It was hard to collect signatures.
00:15:13.000 The Democrats sued, unless there's another bioweapon deployed on the American people, which, by the way, don't get too comfortable, people.
00:15:19.000 There might be something happening in 2024: Color Revolution, Floyd Apalooza, Trans Floyd.
00:15:24.000 I don't know.
00:15:24.000 I'm just saying that in election years, it just so happens that really crazy, wild things tend to happen.
00:15:29.000 But Green Party, Kane, if anyone is telling you, oh, I'm telling you, Trump is going to lose in all this, you cannot even design an algorithm that can predict what four candidates on the ballot in Arizona is going to look like, period.
00:15:41.000 You have no labels, cinema running as an independent, Joe Biden, Trump, and Cornell West.
00:15:46.000 Good luck figuring that out.
00:15:47.000 Okay.
00:15:48.000 In fact, I think the smart money would be on Trump, but you need to get into the boring stuff.
00:15:51.000 You have to invest in the boring voter reg, the boring precinct by precinct.
00:15:55.000 And by the way, all these articles out there, where is Joe Biden's campaign?
00:15:58.000 You know where all that money's going?
00:15:59.000 The Cabal, Soros, Lorene Powell Jobs, Mackenzie Bezos, Reid Hoffman, Sergey Brin, Larry Page, all of the billionaire oligarchs, they're sitting not in smoke-filled rooms, but in vegan-filled coffee tables, right, in Silicon Valley and Napa Valley, saying, you know what, we need to go deploy money in these states.
00:16:16.000 Meanwhile, we're worrying about who's going to finish fourth place in Iowa.
00:16:19.000 Final thoughts, Citizen Kane.
00:16:21.000 Yeah, you know, Charlie, you're tough to follow.
00:16:23.000 You are on top of this stuff.
00:16:26.000 So many thoughts came up as you were speaking.
00:16:30.000 It's look, look, it's not going to be easy, right?
00:16:37.000 We know that there is no clear path for Trump.
00:16:42.000 You're mentioning Cornell West.
00:16:44.000 I've posted stories that are showing that he may take 2% to 3% of the vote from Biden.
00:16:49.000 And that would be huge.
00:16:50.000 That's enough in and of itself.
00:16:52.000 2% to 3% is enough for Trump to win in certain swing states.
00:16:57.000 If that happened in Michigan, Trump would win.
00:16:58.000 If that happened in Pennsylvania, Trump would win.
00:17:00.000 I think the same thing for Wisconsin.
00:17:02.000 Outside of it, you mentioned cinema in Arizona. 0.99
00:17:06.000 I know that was sort of a tangent from you, but yeah, that's just going to be, you know, that's going to be crazy with her running as an individual.
00:17:12.000 With her running as an Adam Bennett, there's no way anyone can game out any of this.
00:17:16.000 We're going to see more and more, more and more evidence of what you described in 2020, how Democrats, it wasn't just COVID, as you said, it was lawsuits.
00:17:23.000 It was different things that the DNC did to keep the Green Party.
00:17:26.000 They're going to do a color revolution.
00:17:28.000 And by the way, the right is so unsophisticated.
00:17:31.000 I ask billionaires, I ask consultants, so, hey, guys, what do you think the color revolution in 24 is going to be?
00:17:35.000 They say, what do you mean?
00:17:36.000 I was like, oh, my gosh, you guys, you don't understand.
00:17:39.000 The indictment.
00:17:40.000 This is chapter one.
00:17:42.000 Okay.
00:17:42.000 This is scene one in a nine-play act of whether it's going to be BLM 2.0 or Trans Floyd or whatever it is.
00:17:50.000 2024 is not going to be this like, oh, everything is beautiful.
00:17:53.000 Chaos allows tyrants to have control.
00:17:55.000 There's something coming.
00:17:56.000 I'm not sure what it is, but check out citizenfreepress.com to see it happen in real time.
00:18:00.000 Kane, you're excellent.
00:18:01.000 We'll talk to you soon.
00:18:04.000 Hey, everybody, Charlie Kirk here.
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00:19:08.000 Joining us now is someone I've known for quite some time.
00:19:10.000 He's just been terrific.
00:19:11.000 He's been a total blessing to the conservative movement with his clear commentary and honestly, his very, very talented rebuttals, effective rebuttals, I should say, of the regime.
00:19:21.000 Will Sharf, who is running for Attorney General of Missouri, and I sure hope he's successful.
00:19:26.000 I'm going to help him any way I can.
00:19:28.000 Will, let's go through this piece.
00:19:29.000 Six ways that Jack Smith's Trump indictment is politically shady.
00:19:33.000 Let's go through all six, and I have questions about all of them.
00:19:36.000 So we'll proceed.
00:19:36.000 Will walk us through the piece.
00:19:38.000 Sure.
00:19:39.000 So, first of all, Charlie, as always, thanks for having me on.
00:19:43.000 This new indictment against President Trump in Washington, D.C. is based on flawed legal premises.
00:19:50.000 As numerous other commentators have already said, the timing of it is deeply politically suspect.
00:19:56.000 My point, though, is that when you actually look at the indictment, when you look at the charges, when you look at the facts that Jack Smith is apparently relying on to press this indictment, this is a case that's built on a foundation of sand.
00:20:13.000 This is a case that, as we've seen with Jack Smith time and time again, he's relying on wildly overbroad interpretations of federal statutes to attempt to shoehorn political speech and other non-culpable conduct into a criminal prosecution.
00:20:30.000 That's wrong.
00:20:32.000 That's contrary to our traditions of the rule of law, fair and unbiased prosecution in this country.
00:20:38.000 And that's really what got me speaking out against what's going on here.
00:20:43.000 Yeah, so let's start with the first one, which, again, I'm a layman, but I also wasn't born yesterday.
00:20:48.000 I've seen a fair amount of federal indictments.
00:20:50.000 And I read a lot more than I used to, Will, because a lot of people in the conservative orbit keep on getting indicted.
00:20:56.000 So you just, by result of my profession, you just keep on reading indictments.
00:21:00.000 The first one in your article, The Federalist, it's a terrific piece I want to point people to, is this idea of almost thought crimes.
00:21:06.000 And, you know, we have a show in Don Rumble where we joke around that thought crimes are coming next, that you're not even allowed to think the wrong thing.
00:21:13.000 But so much of this indictment is centered on Trump's alleged state of mind that somehow what he was thinking, that now what happens in your brain is somehow you're able to then put people in jail for having the wrong thoughts.
00:21:30.000 Is that an unfair categorization, Will Sharf?
00:21:33.000 No, I think it's pretty close to the reality, Charlie, and we're truly living in scary times.
00:21:39.000 I'll put it as simply as I can.
00:21:42.000 If President Trump thought that the election had been illegally stolen, if he thought that the allegations he was making about the election were true, I believe that's an absolute defense or close to an absolute defense against all four charges that have been brought here.
00:21:59.000 So what we have here is Jack Smith, and it's paragraph two of the indictment.
00:22:04.000 His view is that the election wasn't stolen.
00:22:06.000 He's attempting to prosecute President Trump for believing the opposite.
00:22:10.000 Now, that's not grounds for a criminal prosecution.
00:22:14.000 You can't just say that because you disagree with the guy that he should go to prison.
00:22:18.000 That's not the way things work in America.
00:22:20.000 But if you look at the indictment, if you look at what they're required to prove in the indictment, it's clear to me, it's clear to other legal commentators who have weighed in.
00:22:29.000 If President Trump was under the belief that this election had been stolen and the actions he was taking were necessary, required, proper, and legally valid, then there is no case here.
00:22:41.000 Yeah, and it's just, it's protected speech.
00:22:43.000 And also, you're allowed to petition your government, right?
00:22:46.000 Not only that, it's explicitly put in the First Amendment.
00:22:50.000 There's not some, it's not an abstraction.
00:22:52.000 You're allowed to question state legislatures, question election results.
00:22:56.000 We have a 12-minute, we're not going to play it, obviously.
00:22:58.000 We have a 12-minute clip that we put on social media of Democrats questioning election results.
00:23:01.000 And honestly, you should be allowed to question election results.
00:23:04.000 Nothing should be off limits.
00:23:05.000 And I hate to put it this way, but this is almost religious, theocratic type behavior by the regime where the election is almost like the state-run religion, where you can't think something.
00:23:18.000 Am I off base by even getting there, Will?
00:23:21.000 I think we're onto something.
00:23:23.000 No, Charlie, you're not wrong at all.
00:23:25.000 And it's not just Democrats in recent years.
00:23:27.000 I mean, every election this century that's been won by Republicans, Democrats have attempted to challenge electors.
00:23:34.000 Democrats have attempted to challenge the electoral vote.
00:23:38.000 I mean, that's historical record.
00:23:40.000 But I mean, challenging the results of elections goes back to really the founding era.
00:23:45.000 You go to the 1824 election where Andrew Jackson believed with at least some validity that he'd been robbed by a corrupt bargain between Henry Clay and John Quincy Adams.
00:23:56.000 Rutherford B. Hayes in the Reconstruction era, they called him Rutherfraud for years because of alleged irregularities in the electoral count that year.
00:24:05.000 I mean, this is something that's gone on time and time again in American history.
00:24:10.000 And Jack Smith is trying to turn what's really, you know, as you said, thought crime, President Trump disagreeing with the way that election had been conducted into a criminal conspiracy.
00:24:23.000 And that's just not how the law works.
00:24:26.000 And you're allowed to push back against your government. 0.95
00:24:30.000 You're allowed to believe silly things.
00:24:32.000 And just think of other thought crimes that we've lived through, Will, because this is nothing new.
00:24:36.000 It was a thought crime to say that the virus came from a laboratory, not from some Himalayan bat.
00:24:43.000 It was a thought crime, literally, where I got banned on social media to say that the Hunter Biden laptop was legitimate.
00:24:50.000 We had to believe for an election season that it was Russian disinformation.
00:24:54.000 So the regime has been conditioning us through wrongthink, criminal prosecution, wrongthink, social media censorship.
00:25:01.000 And I lived through it on a, again, a far less consequential landscape on the college campus stuff, Will.
00:25:06.000 When I go to college campuses, which is something I know that you care a lot about, Free Speech Warrior, and why you're running for Missouri Attorney General, these campuses, if you disagree with the orthodoxy of the high priest of the university, you shouldn't be allowed to come on college campus.
00:25:22.000 So this entire regime is built around smaller, different patterns.
00:25:27.000 And now this is the big one.
00:25:29.000 If they're successful, Will Sharf, what will this mean for the future of the First Amendment?
00:25:32.000 What sort of precedent would this set?
00:25:36.000 Yeah, the left-wingers who run the deep state, run Washington, D.C., and their allies in the mainstream media want us all to sit down and shut up.
00:25:46.000 That's as simple as it is.
00:25:48.000 They think they own this country.
00:25:50.000 They think they own our government.
00:25:52.000 They think they own every aspect of our lives.
00:25:55.000 And any dissent will not be tolerated.
00:25:57.000 Now, just coming back to the legal point here, if President Trump believed the theories that he and his team were pushing out there, if he believed that they were meritorious, if he believed that there had been fraud along the lines of what he suggested, and there is evidence that there was a ton of fraud that was not investigated, that was not fully brought to light.
00:26:18.000 If he believed those things, I believe that's an absolute defense to certainly some of, if not all four charges brought in this most recent indictment.
00:26:28.000 I mean, they are alleging a criminal conspiracy.
00:26:30.000 Criminal conspiracies, I talk about this in my article, under some of the charges that have been brought, they need to prove specific intent.
00:26:37.000 They need to prove that President Trump's intent was depriving voters of their right to vote.
00:26:42.000 Now, if President Trump's intent was validating what he believed was accurate theories of election fraud, then that's an absolute defense.
00:26:52.000 And he cannot be convicted under the charges that form this indictment.
00:26:57.000 Now, that's just an outrageous thing to have happen here.
00:27:01.000 They are attempting to criminalize political dissent.
00:27:03.000 They're attempting to criminalize election challenges in advance of the 2024 election.
00:27:10.000 We're at the very cutting edge here of a very dangerous movement, a very dangerous moment in American history.
00:27:17.000 Yeah, and I want to also emphasize the prosecution is going to have to their whole case.
00:27:24.000 Again, there is not a witness that I could imagine would be telling the truth where that Donald Trump would be like, I really know there was no fraud.
00:27:30.000 Having spent private time extensively with President Trump, he 100% believes that there is fraud in the 2020 election.
00:27:39.000 To this day, it's not some sort of shtick.
00:27:41.000 It's not some sort of theatrical play.
00:27:43.000 He believes at his core that the election was stolen from him.
00:27:47.000 Now, they're saying, you're wrong.
00:27:49.000 You're not allowed to believe that.
00:27:51.000 Guess what?
00:27:53.000 That's not criminal.
00:27:54.000 That's the point.
00:27:56.000 They have to have some witness say Trump thought it was a lie and he was only doing it to raise money or stay in power.
00:28:03.000 There is zero evidence that I could testify to that extent, Will Sharp.
00:28:06.000 Spending private time with him, he 100% believes this election was stolen from him.
00:28:10.000 That's a pretty good defense then.
00:28:12.000 And it's not just President Trump.
00:28:14.000 Three of the four counts are conspiracy charges.
00:28:17.000 So they need to prove that the people that President Trump was allegedly conspiring with also believe that the theories they were pushing were false.
00:28:25.000 Whether that's John Eastman or Sidney Powell or any of the other folks implicated by this indictment, the proof that they need to offer here is so extravagant, is so extreme.
00:28:36.000 This indictment should have never been brought.
00:28:38.000 And the fact that they're trying to ram it through in a D.C. courtroom in front of basically a hand-picked liberal judge in front of presumably a hand-picked far-left jury tells you everything you need to know about this case.
00:28:51.000 They are terrified of the idea that this case could end up in West Virginia or in a court where President Trump could get a fair shake.
00:28:59.000 Who would decide a venue change?
00:29:01.000 What's the precedent for that?
00:29:02.000 Would it be the judge itself?
00:29:04.000 What are the technical details there?
00:29:06.000 So it's a heavy lift because a lot of the actions that they're talking about occurred in Washington, D.C., and a lot of the witnesses are going to be in Washington, D.C. That'll be a motion that will be filed in the district court here.
00:29:18.000 But ultimately, this case is going to end up on appeal, probably, certainly in front of the D.C. circuit, probably in front of the Supreme Court.
00:29:25.000 And if the judge just decides to steamroll over legitimate legal challenges, both to the case itself and to the way that it's conducted, she's going to have to answer to higher courts there.
00:29:36.000 And that's where I think this case is going.
00:29:41.000 What do you anticipate then from this judge when it comes to a gag order?
00:29:45.000 Typically, and then let's say there is a gag order and Trump ignores it or defies it.
00:29:49.000 What next then?
00:29:51.000 Yeah, so normally in a case like this, what you would see is the prosecution would file a proposed protective order.
00:30:00.000 President Trump's lawyers would have an opportunity to respond to it in their own time.
00:30:05.000 And you'd see this proceed along a normal pathway.
00:30:08.000 What happened here, Jack Smith's team filed this thing on a Friday.
00:30:13.000 President Trump's team asked for time to respond.
00:30:16.000 The judge then almost summarily denied that, said that they had until basically close a business on Friday to get their answer on file, and she's going to make her decision at 5 p.m. Eastern today.
00:30:29.000 It's just, it's an incredibly short timeframe to litigate the very real legal issues around the validity of this order.
00:30:37.000 The scary thing to me is that if this is going to be her approach to sitting in judgment over what may be one of the most consequential cases in American history, it portends very ill for the state of democracy, the state of rule of law in this country.
00:30:52.000 It's really scary that a presidential candidate, a former president, could basically be told by a judge, sit down and shut up at the height of a presidential election that some polls show that he's winning decisively.
00:31:07.000 It's crazy to me that this is happening today in an American courtroom.
00:31:11.000 And so, but if Donald Trump were to, let's say, ignore a, let's just say, very sternly written gag order, could the judge then have him arrested?
00:31:19.000 I mean, federal judges have potential arrest authority, right?
00:31:23.000 Yeah, that would open him up to potential contempt charges.
00:31:27.000 It would open up a lot of, let's say, it would open up a Pandora's box of bad legal outcomes.
00:31:33.000 But I think that's the plan here, that they brought this indictment.
00:31:37.000 President Trump has called it election interference.
00:31:39.000 I think there's a lot of truth to that.
00:31:41.000 They brought this indictment at a fraught time, at a dangerous time, at a time when the election season is kicking off.
00:31:48.000 And now they're telling President Trump that he can't even talk about what they're doing to him.
00:31:52.000 He can't talk about this case that's been brought against him, that he can't even hold in his hand some of the discovery documents that they're going to be turning over to him.
00:32:02.000 They're depriving him of, I believe, a right to make a, you know, his right to exercise, you know, the First Amendment to speak politically about political issues, and they're crippling his legal defense.
00:32:15.000 It's not fair.
00:32:16.000 Americans of all stripes should be outraged by what's going on.
00:32:20.000 And hopefully this will be litigated out in a positive way.
00:32:24.000 But so far, things look bad.
00:32:26.000 Yeah, I mean, they're trying to imprison a candidate for president.
00:32:29.000 I just hope people understand that.
00:32:31.000 There is no precedent for this.
00:32:33.000 There is a fear that Donald Trump and his movement is such a threat at the ballot box that they have to try to prevent that from ever happening.
00:32:40.000 Justin Amash, who I think has totally lost his mind the last couple of years, has actually had a really important tweet.
00:32:47.000 And I'm going to just read parts of it.
00:32:48.000 I may not like Trump, but I love our Constitution, so I feel compelled to speak out.
00:32:51.000 The latest indictment, which I encourage you all to read, attempts to criminalize Trump's routine misstatements of fact.
00:32:57.000 But this is precisely the sort of wrong that must be addressed politically under our constitution, not criminally.
00:33:04.000 He says, look, politicians are constantly misguided and just plain mistaken about a lot of things, but does not mean they should be put in jail for it.
00:33:12.000 He says, in America, we do not imprison them.
00:33:15.000 We vote them out.
00:33:16.000 Final thoughts, Will Sharf.
00:33:18.000 Remember, Jack Smith is not an independent counsel.
00:33:21.000 He's a special counsel, which means he's answerable to Attorney General Merrick Garland and ultimately answerable to Joe Biden.
00:33:27.000 Joe Biden said earlier this year that he wanted Jack Smith to prosecute President Trump over January 6th.
00:33:34.000 What do we have?
00:33:35.000 Jack Smith prosecuting President Trump over January 6th.
00:33:39.000 This is a sitting president prosecuting his primary political opponent.
00:33:43.000 Very sad day for America.
00:33:45.000 It's sad, and I'll be honest, most conservatives have no idea really how to react to this.
00:33:52.000 It's intentionally aggressive because they are super worried that they cannot replicate the irregularities that happened in 2020, as Molly Ball wrote in Time magazine.
00:34:03.000 Do you have a thought?
00:34:04.000 30 seconds, Will Sharf.
00:34:05.000 Yeah, look, when you look at what happened in Michigan, what happened in Pennsylvania, when you look at the Zuckerbucks issue, the 2020 election was, I believe, the most wildly irregular election in American history.
00:34:18.000 We can't let that happen again in 2024.
00:34:21.000 And this whole indictment, in my view, is an effort at forcing us all to shut up about it, forcing us all to sit down and just accept it.
00:34:29.000 I, for one, I'm not going to do that.
00:34:31.000 Me neither.
00:34:31.000 This is an attack on the founding fathers.
00:34:33.000 It's an attack on Abraham Lincoln.
00:34:36.000 It's an attack on our traditions, our customs, everything that we've overcome for a decent society, separation of powers, consent to the governed.
00:34:42.000 It's all under attack by a Maoist, illegitimate regime that hates you and your values.
00:34:47.000 Will Sharf doing a great job running for Missouri.
00:34:49.000 Attorney General will have you on again.
00:34:50.000 Excellent.
00:34:53.000 Thanks so much for listening, everybody.
00:34:55.000 Email us your thoughts as always, freedom at charliekirk.com.
00:34:59.000 Thank you so much for listening, and God bless.
00:35:03.000 For more on many of these stories and news you can trust, go to CharlieKirk. com.