Jeffrey Clark and John Solomon join us to talk about the Trump v. Roberts Supreme Court ruling and why it sets the stage for future challenges to President Trump's authority as the Chief Justice of the United States. They also discuss the disappearance of over 85,000 children in the USA, and the lack of support for Vice President Joe Biden in the 2020 election by former Vice Presidential candidate Jill Biden. Learn how you could protect your wealth with Noble Gold Investments, a company that specializes in gold and precious metals delivery and physical delivery of precious metals. Learn more about Noble Gold and their gold investments at noblegoldinvestments.org/thecharliekirkshow. The Charlie Kirk Show is the official gold sponsor of the show, and it's the official Gold Sponsor of the program, Noble Gold Investing. It's where I buy all of my gold. Go to NobleGoldInvestments.com/TheCharlieKirkShow and become a member today. That's where you get 20% off your first order of gold! Go to noblegoldincursors.investing.co/the-show/The-Charlie-kirk-show Subscribe to The Charlie-Kirk-Show to receive a 20% discount when you become a Member today! You'll get 10% off the purchase price of $100 or more, and get 5% off of $150 or more when you buy a piece of gold or silver or precious metals! in the Noble Gold Investor's Gold? The price starts at $1, $5,000! FREE! Learn more at Noble Gold, $10, $15, $20, $25, $50, $45, or $100, $55, and $150, and I'll get 5, $75, $95, and 5,000, I'll have access to a 2-piece gold membership plan starting at $99, and a VIP 4-day VIP membership starting in January 2020. If you're looking for a gold membership offer, you'll get an ad-free VIP membership offer! . FREE PRICING! Thank you, Charlie, I'm listening to the show! Charlie, you're not getting any more info on the show? I'll send me your ad-only version of TheCharlie Kirk Show? Thanks, Charlie Kirk and I'm not getting a discount code: charliekirk.
00:00:48.000He's done an amazing job building one of the most powerful youth organizations ever created, Turning Point USA.
00:00:55.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:01:07.000Noble Gold Investments is the official gold sponsor of The Charlie Kirk Show, a company that specializes in gold IRAs and physical delivery of precious metals.
00:01:17.000Learn how you could protect your wealth with Noble Gold Investments at noblegoldinvestments.com.
00:01:32.000Got a wonderful email here from Cindy, one of our listeners.
00:01:36.000Charlie, this year I'll be voting for Trump for the third time in a presidential election, and I got my husband to register for the first time.
00:01:48.000You just multiplied your, you have doubled your impact.
00:01:52.000If everybody in this audience found one new voter, a cousin, an aunt, an uncle, a niece, a nephew, a husband, a friend, a neighbor, and then do it again.
00:02:31.000Well, great to be with you and look, I'm a big fan and admirer of yours.
00:02:35.000I think you're really good at distilling lots of complicated battles across the entire political field down to Understandable term.
00:02:44.000So let me try to do that here for the immunity decision.
00:02:47.000So this immunity decision, Trump v. United States, that the chief justice wrote for the court for a sixth justice majority is truly a tour de force.
00:02:58.000And it repairs back to the original constitution and what the framers intended for the presidency to look like.
00:03:06.000And as a result of that, it brushes off a lot of the barnacles that have grown off Grown up since then that the left has been relying on to hold the president back, to try to do things like cast the Justice Department as if it's independent of the president when it's anything but, precisely because the Justice Department is where the law gets enforced, where federal law gets enforced, and the president is the chief law enforcement officer of the country, not the attorney general, not some newfangled guy created just a couple of decades like a special counsel like Jack Smith.
00:03:41.000So the Supreme Court establishes that President Trump has immunity for his official acts in two categories, and then that he would not have immunity for any unofficial private conduct.
00:03:54.000The two separate categories of official conduct are that he has absolute immunity when he is acting within the span of his core constitutional responsibilities.
00:04:05.000So that includes things like granting pardons, like being the commander in chief, But also seeing that the laws be faithfully executed.
00:04:13.000There's something called the Take Care Clause.
00:04:16.000The president takes care that the laws are faithfully executed.
00:04:19.000Those are federal statutes, federal regulations.
00:04:22.000When President Trump or any president does that, they are absolutely immune.
00:04:27.000And then for any other categories of executive action that are not covered by core constitutional responsibilities, out to the outer perimeter of the office.
00:04:37.000So this includes also speaking to the public such as President Trump did on January 6th,
00:04:43.000there he would have presumptive immunity, Charlie.
00:04:47.000So these three categories that the Supreme Court has created
00:04:51.000I think have always been there within the logic of the Constitution,
00:04:55.000but it's great to see Chief Justice Roberts right for the majority to set them up and to establish them.
00:05:02.000I think in part, this was designed to get rid of the lawfare against President Trump,
00:05:08.000and I think that's one of the very important implications of this decision, as I'm sure you'll wanna go through.
00:05:13.000Yeah, and I mean, you've also been a target and a hero throughout all of this.
00:05:18.000They raided your home and they've tried to implicate you into a lot of these different lawfare operations.
00:05:25.000And so the Democrats are now saying that we have an imperial presidency and that Donald Trump could do whatever he wants if he returns back to the Oval Office.
00:05:38.000No, that's not what this decision said.
00:05:41.000As I just tweeted out earlier this morning about Justice Thomas's concurrence, he deals with the fact that the Appointments Clause of the Constitution lets the president fill offices, but he cannot create offices.
00:05:56.000One of the great powers of English despotism in the 18th century, the King George against us, and it's recounted in the Declaration of Independence, is that he created swarms of officers and then he sent them to eat us out of our substance.
00:06:13.000And that principle obviously means that the president has less power than a king.
00:06:19.000And yet you see Justice Thomas championing it in this immunity decision.
00:06:23.000That's just one example of the fact that we're not going to get an imperial presidency as a result of this.
00:06:28.000What we're not going to get is a distracted presidency, Charlie, a presidency in which the president always has to be looking over his shoulder of what happens when someone from the other party comes in They start trying to turn everything I do into a criminal act.
00:06:44.000In a word, essentially, what happens if they practice lawfare against me?
00:06:48.000This decision, I think, is hopefully full immunity against lawfare, but it's not an excuse for the president to do anything and everything.
00:06:56.000We know that all of these far-fetched hypotheticals, like President Trump using SEAL Team 6, etc., this is just the nonsense that the left creates as noise to distract a public that's increasingly Not coming from a background of having learned the Constitution, which everyone really should read for themselves and study, so that they can push back against these narratives they create on the MSNBCs of the world.
00:07:24.000Well, and understand, Jeffrey, you've been talking about this a lot in the wonderful organization Center for Renewing America, that the Chevron case as well was a constitutional intent decision, was that you cannot have a lawmaking body that has just created ex nihilo called the administrative state And it needs to fit within the form and the structure.
00:07:44.000Can you kind of give our audience some understanding?
00:07:46.000And then I want to go even deeper into the immunity decision.
00:07:48.000But the cadence that we are getting from this court is that they're going back to originalist structural interpretations.
00:07:58.000These are not overly partisan or every Um, overly political rulings like Roe versus Wade was 50 or 60 years ago.
00:08:07.000This is just, okay, does it fit within the original structure of the constitution?
00:08:13.000These decisions in a normal country should be nine, nothing.
00:08:18.000And, and look, this new, uh, Chevron related decision is called Loper Bright.
00:08:23.000And it was brought by some fishermen where basically the, the department of commerce was Forcing fishermen to pay for their own chains, to pay for their own monitoring devices so that they could enforce fish catch limits against them.
00:08:38.000And the Supreme Court struck down that.
00:08:39.000And in the course of striking that down, they also struck down the Chevron doctrine, which goes back to the mid-1980s, but in reality has precursors before that.
00:08:51.000And what it did was it essentially took the executive branch and made the executive branch in charge of creating the law.
00:08:59.000Even in situations where Congress had not just delegated to the executive branch the power to issue regulations, but even in situations where the statutes were silent, they didn't say anything.
00:09:10.000The Supreme Court in Chevron would read into that silence an implicit delegation to the agencies, therefore to the executive branch to make up law.
00:09:18.000Now, this is completely unconstitutional and has been, as I've testified to Congress in the past before the Trump administration got started, a violation of A principle as simple as Marbury versus Madison, right?
00:09:31.000Our separation of powers says, and this is the great language of Chief Justice Marshall, that it is emphatically the province and duty of the judicial department to say what the law is.
00:09:44.000So that is the responsibility of the courts to say what the law is when they read a federal statute, not the responsibility of the executive branch.
00:09:52.000So while on the one hand you have a Joyce Reid yelling about the immunity decision saying it's creating an imperial president.
00:10:01.000With the other hand, the Supreme Court is saying, oh, we're taking away the Chevron doctrine, which takes away tools that the president used to have.
00:10:08.000And so, you know, as I'd explained, you know, to my Twitter followers, my ex followers, you know, that means that you'd have to assess the net effect of these two decisions.
00:10:18.000And they're not, I think, on balance to increase presidential power.
00:10:25.000Again, there's been so much coverage on the Biden garbage that—remember, the Supreme Court is a lagging indicator, not a leading indicator.
00:10:42.000Donald Trump's defeat in eight years ago, Hillary Clinton is now resulting in
00:12:05.000And they were, uh, they were Biden supporters.
00:12:08.000Charlie, I love your show, love all you're doing for the country.
00:12:10.000I wanted to tell you, I flipped a voter at our local pizza shop the other night.
00:12:13.000She told me her husband's gonna vote for Trump, too, and they were formerly Biden voters.
00:12:16.000I live in Pennsylvania, one mile from the Allegheny County border, so there's definitely a lot of blue around here, but you can feel people are having a change of heart.
00:12:25.000If you are not comfortable registering voters because you don't know how to do it, then the next best thing is just find new voters and get into a flipping mode.
00:12:38.000Jeffrey Clark continues with us from the Center for Renewing America.
00:12:42.000So Jeffrey, they have delayed the sentencing for Donald Trump's sham Soviet show trial to the fall.
00:12:51.000What do you make of that decision by Judge Mershawn?
00:12:55.000I think that was Judge Mershawn, Charlie, just, you know, seeing the writing on the wall, because one aspect of the immunity decision we haven't talked about yet is that it creates a set of evidentiary protections.
00:13:08.000And in particular, which is good for me personally, having fought a slog for three and a half years since I left the administration against the DC Bar, and then eventually against Fannie Willis, good for me.
00:13:21.000At the core of that is the Justice Department, right?
00:13:24.000So if the President's talking to the Attorney General, Acting Attorney General, Deputy Attorney General, other high-ranking officials like I was, or considering changes in the department, like putting me in charge of it, All of those things are protected, and they cannot be introduced as evidence in proceedings.
00:13:43.000And the problem for the Jack Smiths of the world, and also for Alvin Bragg, and now for Fannie Willis as well, is that back in the Alvin Bragg case, which you started with, evidence was introduced about actions and discussions that were taken in the Oval Office.
00:14:00.000And that's now foreboding after Trump v. United States.
00:14:04.000The judge Rashan, Alvin Bragg, Matthew Colangelo, the whole crew up there in Manhattan, they're in a pickle because the trial has been tainted.
00:14:13.000I suspect what they're going to try to do, Charlie, is they're going to try to say that that's all harmless error, that most of the conduct predated Donald Trump assuming the presidency and therefore it's outside the span of immunity as something that is private conduct.
00:14:28.000But, you know, they're the ones who messed it up.
00:14:30.000I mean, they poured prejudicial material from the post inauguration period for Donald Trump into the trial.
00:14:40.000And I don't see how you can continue with the trial.
00:14:42.000I think Donald Trump at the very least needs a completely new trial.
00:14:45.000And I think that's why he punted the sentencing date.
00:14:48.000And the elements, they unnecessarily included information that could have been fallen under presidential acts.
00:14:56.000And so the whole thing could be thrown out.
00:14:58.000And so Jeffrey, just from an understanding, the Georgia case, what is the latest with the Georgia case?
00:15:06.000It has been all silence on the Western front.
00:15:13.000So it might appear silence to the larger media world, but certainly if you're one of the defendants in the case, it's not been all silence.
00:15:25.000So we had moved, nine of us, to disqualify Fannie Willis.
00:15:29.000And as you will no doubt remember, Judge McAfee, the trial judge in Superior Court in Fulton County, he ruled that, well, there was a problem.
00:15:38.000There's an appearance of impropriety between her and Nathan Wade, her boyfriend.
00:15:57.000Of course, she was never going to be the one to step down if she was given a choice.
00:16:01.000I don't see how possibly it's not in parallel for the two of them.
00:16:04.000The two of them are the ones who created the conflict of interest, so they both should have to go.
00:16:10.000After that decision, the nine of us appealed to the Georgia Court of Appeals, and the Georgia Court of Appeals put in pretty short order a stay on that case.
00:16:20.000Nothing can proceed in the trial court against The nine of us.
00:16:24.000And that caused Judge McAfee to say, well, I'm going to go forward with the defendants who did not take that disqualification appeal.
00:16:31.000One of them went to the Court of Appeals and asked specifically, you know, could we have the benefit of the stay that's benefiting the appealing defendants?
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00:18:43.000The amount of hard work you guys are doing to find new voters.
00:18:47.000Charlie, I flipped my mom a lifelong Democrat when I proved that Democrats want to abort babies in the ninth month.
00:18:52.000She is now a proud Trump supporter and registered as a Republican who watches your show every morning.
00:18:59.000God bless you and keep up the great work.
00:19:01.000You see, based on our team's analysis and analytics, they say about one and a half million to two million people watch the program or see clips or listen to the podcast every day, this show, which is very touching.
00:21:04.000And so what we're going to start kind of telling you guys to do is you write down the five names, you write down the 10 names, especially if they're former Biden voters.
00:21:12.000Joining us now is the legendary John Solomon, great American patriot, and also my fellow host here on Real America's Voice.
00:21:21.000John, I want to start just out of the gate.
00:21:22.000Based on all the sourcing and all the reporting that you have been doing, do you think Joe Biden remains in the race as of today, this moment, this minute?
00:21:32.000I think Joe Biden is going to fight to stay in, and it's going to be a long, bloody battle tonight.
00:21:37.000This is a little while ago, Democrats canceled a fundraiser in Chicago, sending a message they want him out.
00:21:42.000I think he's going to fight to stay in.
00:21:44.000I think Donald Trump is surging in the polls, but I think Joe Biden is going to stay in as long as he can, and either force his party to remove him either through litigation or through a power move at the convention, or get them to cow to his will and stay in the race.
00:22:00.000And I think there are some reasons for this.
00:22:02.000There are people in the Biden circle who don't believe the only natural successor to him, Kamala Harris, is ready for primetime.
00:22:12.000And so they have a concern and they realize they can't skip over her in the DEI world that the Democratic Party created for itself.
00:22:18.000So I think he's going to stubbornly hang in, but this will get uglier.
00:22:22.000This will look a lot like the 1968 or the 1980 conventions where the Democrats go into their convention, disunited, Giving an enormous advantage to the Republican candidate.
00:22:33.000You know, it sounds, it's almost too good to be true for those of us who want to see President Trump, you know, win another term here.
00:22:42.000So I want to get into some of your reporting here that I think is really important in some of your recent stories, especially the one that came out in the last day or I think it was yesterday.
00:22:49.000Health and Human Services whistleblower details harrowing fates as migrant children face due to Biden's open border.
00:23:15.000They were trafficked here without their parents.
00:23:17.000They came into the country since Joe Biden opened up the borders.
00:23:20.000And the HHS no longer knows where they are, even though they're the custodian and placed them in the hands of custodian.
00:23:26.000But what we got yesterday, a remarkable two whistleblowers.
00:23:31.000They first talked to Senator Grassley and Senator Johnson, and they've talked to me on my podcast today.
00:23:37.000They'll be coming on the TV show at six o'clock.
00:23:40.000These whistleblowers say that the Biden administration and its Health and Human Services Department, when they process these children, that's the agency that does it, the Office of Refugee Resettlement, they didn't care who they were placing them with.
00:23:51.000All they wanted to do is create an assembly line to get them out so that they wouldn't be holding the cages.
00:24:08.000Rather than in temporary living quarters, they're being placed with people who aren't being fully vetted.
00:24:13.000Not only do these whistleblowers tell that story, They talk about being pressured to just simply process a person, don't worry whether they've vetted the person they're going to.
00:24:22.000There's a moment where one of these whistleblowers actually discovers that the home that they're placing them in is likely a human trafficking home, and she reports it to her bosses.
00:24:49.000She eventually gets her status back because she reports to the Inspector General of the Health and Human Services Department who says, hey, you have to give her access to these databases back because she's supposed to be protecting these children.
00:25:07.000The Inspector General of the Health and Human Services Department says thousands of children likely have been placed in homes without proper screening with sponsors who haven't been fully vetted and that this is a safety crisis For all of these children that Joe Biden encouraged to come to this country often without their parents are the most vulnerable of vulnerable children.
00:26:28.000And that is at least, so again, we had AOC pretending to cry in front of kids in cages, 89 even show up on screen.
00:26:36.000I hope everyone understands that, you know, we get lectured all the time that there was slavery in this country back in the 1600s, which of course was evil and awful.
00:26:45.000John, is it fair in your reporting to summarize that part of these children and part of these people are in a modern-day form of slavery?
00:26:54.000At the hearing yesterday that Senators Johnson, Grassley, and Cassidy held, they talked about labor trafficking, that these children are being forced to
00:27:02.000come here and do work on behalf of people, whether it's the cartels or allies of
00:27:07.000the cartels, to pay off their debts. No child should have their entry into the
00:27:11.000United States be that experience. Their pathway here shouldn't be with drug
00:27:16.000cartels. There's nothing good that a drug cartel will be able to do with a
00:27:31.000There is no more horrific way that I could think of that a young child trying to make its way to the United States, his or her way to the United States, could go than the way Joe Biden has forced upon these families.
00:27:44.000The testimony of these whistleblowers is so extraordinary.
00:27:49.000And at least in those temporary holding facilities that the Trump administration and all presidents before them, including President Obama, used, there was some security.
00:28:26.000I just hope everyone understands that there are tens of thousands of potential labor slaves, sex slaves of children that have been trafficked across the southern border.
00:30:26.000What your team is doing at TPUSA is remarkable.
00:30:30.000There's other people out there right now, but this will be the biggest game changer to conservative politics in a quarter century if we execute it properly.
00:31:27.000I wouldn't be surprised if Glenn Youngkin comes in and out of the conversation just because he brings interesting attributes for purple states.
00:31:34.000But I'm going to take the president at his word.
00:31:37.000When he came on the show the day after Christmas this past year and I asked him, What are you looking for?
00:31:41.000Because at that time it was the Nikki Haley train everyone was on.
00:31:44.000And he said, listen, I don't believe a vice president brings any votes or states.
00:32:56.000I think the only qualification he's looking at is who can be the most compelling president, and he's got an embarrassment of riches to pick from.
00:33:04.000One other thing I've learned, the people around President Trump literally do not know.
00:33:09.000No one, even in his inner circle, knows who it's going to be.
00:33:12.000That tells you something about the president's ability to keep a secret.
00:33:28.000So, John, I want you to repeat what we were talking about.
00:33:31.000If Republicans and conservatives embrace early voting and understand that Election Day is the last day of voting, not the only day of voting, and we talk about Project Z and America First Works and Turning Point Action, what does that mean?
00:33:47.000Just analytically, what would that look like if we fully embrace voting month?
00:33:52.000I believe that there are a million to two million people in the swing counties that will decide this election who are on the sidelines and could be put into the game.
00:34:01.000They lean and almost certainly embrace most of the policies that President Trump is talking about that the Republican Party stands for in that brand new, very clear platform.
00:34:10.000And they just can't vote on election day.
00:34:12.000Listen, there are people, there are small business owners who can't find
00:34:15.000workers in the Biden economy, so they're opening their shop at