The Charlie Kirk Show - Ask Charlie Anything 35: FILL THAT SEAT! Why the GOP Must Confirm Trump’s 3rd Justice, Pelosi’s Extortion? Can Democrats Really Pack the Supreme Court If Joe Biden Wins? And More...

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00:00:02.000 Now available on Apple Podcasts, Podcast One, Spotify, and anywhere else you get your podcasts.

00:00:08.000 Hey, everybody, fill that seat.

00:00:12.000 It is time to recapture one-third of government for many generations.

00:00:16.000 We go through that and so much more, including the breaking news surrounding the surprise death of Ruth Bader Ginsburg.

00:00:23.000 Email us your questions, freedom at charliekirk.com, freedom at charliekirk.com, and we go through action steps of how you can actually make an impact for the Constitution, for liberty, and for life.

00:00:35.000 Please consider supporting our program at charliekirk.com/slash support.

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00:00:50.000 Huge episode in store.

00:00:51.000 I take your questions that you guys emailed me, freedom at charliekirk.com.

00:00:54.000 Buckle up, everybody.

00:00:56.000 Here we go.

00:00:57.000 Charlie, what you've done is incredible here.

00:00:59.000 Maybe Charlie Kirk is on the college campuses.

00:01:01.000 I want you to know we are lucky to have Charlie Kirk.

00:01:04.000 Charlie Kirk's running the White House, folks.

00:01:08.000 I want to thank Charlie.

00:01:09.000 He's an incredible guy.

00:01:10.000 His spirit, his love of this country.

00:01:12.000 He's done an amazing job building one of the most powerful youth organizations ever created.

00:01:17.000 Turning point USA.

00:01:18.000 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.

00:01:27.000 That's why we are here.

00:01:30.000 It is Monday, so I am taking your questions.

00:01:34.000 A little bit has happened in the last couple of days.

00:01:36.000 I encourage you guys to go back and listen to our weekend episodes.

00:01:38.000 All right, let's get to it.

00:01:39.000 Stephen in Minnesota.

00:01:41.000 Hey, Charlie, do you think Republicans should proceed and move forward to fill the vacant seat after the sudden passing of Ruth Bader Ginsburg?

00:01:49.000 Thanks so much, Stephen in Minnesota.

00:01:51.000 Well, Stephen, you win a signed copy of the MAGA Doctrine.

00:01:54.000 Congratulations.

00:01:55.000 So we touched on this a little bit a couple of days ago in our Ruth Bader Ginsburg episode.

00:01:59.000 And I was very intentional not to get too political in the first episode we did, just kind of talking about the landscape.

00:02:07.000 I said early, and I said often, the Democrats are going to overly politicize this, and let's see how long it takes them.

00:02:14.000 It took Chuck Schumer 15 minutes.

00:02:16.000 The first tweet that Chuck Schumer sent out said very clearly that Republicans and Trump should not fill the seat.

00:02:23.000 And then he sent a tweet right after that saying that, oh, yeah, by the way, we're all going to miss Ruth Bader Ginsburg.

00:02:28.000 So now we've entered the political moment.

00:02:30.000 And now let's talk politically.

00:02:33.000 So there's two competing theories out there.

00:02:35.000 There's one that is held by Britt Hume on Fox News, of whom I respect a lot.

00:02:40.000 I think he's very smart.

00:02:41.000 And he is pleading with the president not to fill this seat and with Senate Republicans.

00:02:46.000 In fact, let's hear Britt Hume on Fox News say just that, play tape.

00:02:50.000 And I think that the leaders have to consider what the effect would be if we plunged at what would undoubtedly be a brutal and divisive confirmation battle into the end of this, into the middle of this, I should say.

00:03:02.000 So I think that's the threshold question.

00:03:05.000 The threshold question is whether to even make a nomination.

00:03:08.000 Trump's instinct undoubtedly will be to go forward, you know, but whether Mitch McConnell will feel that way as the majority leader of the Senate at this stage, I think is unclear.

00:03:19.000 It'd be good to hear from him.

00:03:21.000 And whether, you know, if you've got the first thing he's going to want to do is, if he decides that it's an idea worth pursuing, would be whether he would have the votes.

00:03:31.000 And if you got people like Murkowski and Collins and possibly someone like Mitt Romney not prepared to go along, you might not be able to pull it off no matter what you did.

00:03:40.000 So those are all things that have to be considered as to whom, if anyone, to nominate to replace this brave soul who wages such a courageous fight against cancer.

00:03:50.000 So Britt Hume's argument is that this is going to tear the country apart.

00:03:54.000 He's actually probably right.

00:03:56.000 It will.

00:03:57.000 But that's not a reason not to do the right thing.

00:04:01.000 There's another argument out there that's a more political argument.

00:04:04.000 Some Republicans on Twitter are saying, well, we need to make sure that the president wins the White House and we keep the Senate.

00:04:12.000 And by proceeding forward with a judicial confirmation fight in the midst of an election, we'll only further energize the Democrat base and might mean that the Republicans will lose the Senate and lose the White House.

00:04:28.000 Now, while that might be true, and we'll dive into that a little bit, talking about how the Democrats are going to have renewed energy, Act Blue, the Democrat fundraising platform, has boasted that they have raised $100 million since the sudden passing of Ruth Bader Ginsburg just since Friday evening, a remarkable figure, almost hard to even comprehend.

00:04:50.000 Democrats across the country are saying that they will fly to the United States Senate, such as Gavin Newsom's chief of staff, the governor of California, who said, and I quote, I will fly and lay my body across the floor of the U.S. Senate to make sure that the Republicans don't confirm a replacement for Ruth Bader Ginsburg.

00:05:11.000 So there definitely is renewed spirit and energy on the Democrat side, something that Joe Biden has been lacking in every single poll.

00:05:19.000 This will probably mean that the Democrats will have more grassroots enthusiasm in the month of October.

00:05:26.000 So let's just talk, let's just take that argument at face value.

00:05:30.000 Is that the most important thing?

00:05:33.000 Is the most important thing to always operate just to the next election?

00:05:38.000 I'm the one that has said that this election is the most important election since 1860.

00:05:43.000 So wouldn't it mean that I should want to make an argument that we would want to play into the benefit of getting President Trump four more years?

00:05:51.000 Maybe.

00:05:54.000 First of all, I'm not convinced that if we did nothing on this seat, it would actually help Trump politically.

00:06:01.000 I hold the view that if President Trump does not fill this seat and Republicans do not have action to confirm President Trump's appointment, it'll be the end and the death of the Republican Party as we know it.

00:06:16.000 We canvassed, knocked on doors, made phone calls, we being grassroots conservatives, to give Mitch McConnell power and a check against Barack Obama, specifically in the 2014 midterm elections.

00:06:32.000 Since 2014, Mitch McConnell has overseen the United States Senate.

00:06:38.000 Mitch McConnell has let us down on plenty of issues, especially pertaining to big tech, size and scope of government, immigration, and spending.

00:06:47.000 However, Mitch McConnell has been brilliant on Supreme Court nominees and on judicial appointments.

00:06:53.000 I give Mitch McConnell credit where it is due.

00:06:57.000 Mitch McConnell has probably been one of the most tactful and effective operators when it comes to running the Senate to get judicial appointments through and confirmed.

00:07:08.000 That is a good thing for our country.

00:07:09.000 It's a good thing for the Republic.

00:07:11.000 Well done, Mitch McConnell, on that.

00:07:15.000 However, a lot of grassroots conservatives, not just a lot, but I think the majority of the Republican Party will revolt in disgust if this seat is not filled before the election.

00:07:29.000 While there might be a couple point benefit for Democrats in money raised and volunteers and kind of just the general enthusiasm of the Democrat base, if President Trump continues to proceed and Senate Republicans confirm the pick, I think there would be a double-digit decrease for Republicans if this seat is not filled.

00:07:51.000 So I don't take that argument at face value at all.

00:07:53.000 I think that the argument to keep this seat filled because it's bad for Republicans politically is not true.

00:08:00.000 In fact, I believe that if President Trump fills the seat and is able to get into Election Day with five solid Supreme Court justices that are constitutional conservatives, that will only continue to broaden the appeal of President Trump in Midwestern states where these are center-right states that care a lot about the future of the Supreme Court, care about issues of life, firearms, size and scope of government, borders,

00:08:29.000 and a strong America.

00:08:30.000 The failure to do so for Mitch McConnell and Senate Republicans will spell the death of the Republican Party.

00:08:36.000 So consider this a warning shot, Republicans.

00:08:39.000 If you do not fill this seat, it'll be the end of the Republican Party.

00:08:44.000 Lisa Murkowski, Susan Collins, Mitt Romney, and yes, even Senator Corey Gardner, we're talking to you right now.

00:08:53.000 The pressure is on you.

00:08:54.000 And if you're just worried about losing reelection, so what if you lose reelection?

00:08:59.000 I would rather have a young, pro-life conservative justice than another six-year milquetoast Republican senator from a moderate Republican state like Maine.

00:09:11.000 Susan Collins, you have an opportunity to go down in the history books as someone who was the deciding vote on Brett Kavanaugh and on this judicial appointment, and then maybe you lose your election.

00:09:23.000 Okay, I hope you don't lose.

00:09:26.000 But the question is: what do we value in the conservative movement in our country?

00:09:33.000 Do we value Senate majorities or do we value fighting for truth?

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00:10:45.000 And so Susan Collins, if you lose your Senate seat, but you fight for a justice that very well might overturn Roe versus Wade, which is actually not a view that Susan Collins has, by the way.

00:10:55.000 Susan Collins is a pro-choice senator.

00:10:57.000 Nevertheless, that is a much longer-lasting legacy and a more important legacy than just getting another six years to go be a representative of the kingdom of Washington, D.C. Who cares how long you've been in the ruling class? 0.93

00:11:13.000 I care about what you've done for our country.

00:11:15.000 I personally have more respect and admiration for someone who fights, stands up for what is right, stands up for what is correct and right and true, and loses an election than someone who just goes and tries to always pursue political expediency.

00:11:37.000 A lot of the Trump base is built on voters of faith, voters of life, and voters that value the Constitution.

00:11:47.000 I'm one of those voters, by the way.

00:11:49.000 And one of the main reasons why we support President Trump so vocally, so publicly, is because of the courts.

00:12:00.000 One of the reasons why I'm unafraid to go into churches and advocate for President Trump to win four more years is because we have Gorsuch, Kavanaugh, and 200 circuit court judges.

00:12:16.000 So I'm going to say something rather provocative here, but it's true.

00:12:22.000 We should work backwards.

00:12:24.000 Let's game this out a little bit.

00:12:25.000 These are just thought exercises.

00:12:27.000 I'm not going to say this is going to happen, but it is a possibility.

00:12:32.000 What if Joe Biden wins?

00:12:36.000 That's right.

00:12:37.000 Imagine it.

00:12:37.000 What if Joe Biden wins?

00:12:38.000 It's a possibility.

00:12:39.000 It can happen.

00:12:40.000 What if the polls are more right?

00:12:42.000 What if the pollsters adapted their methodology?

00:12:44.000 And what if Donald Trump loses?

00:12:46.000 I hope this doesn't happen.

00:12:47.000 I'm working every day to make sure this doesn't happen, but it's a possibility.

00:12:51.000 Will you be able to live with yourself if you thought, wow, we had that 45-day window to fill the Supreme Court seat, and we didn't.

00:13:02.000 We had the opportunity to make the court constitutional in nature, not revisionist or activistic in nature, for the next three decades.

00:13:13.000 If Donald Trump loses, which is in the possibility of the uncertainty of 2020, wouldn't you want to act in one way that is a given?

00:13:27.000 To use geometric terms, we should always lay out what is a given and what is uncertain.

00:13:34.000 It's a good way to view life, and it's a really good way to rationally analyze politics, which generally becomes way too emotive in nature.

00:13:43.000 It is uncertain as to whether or not Donald Trump will win the election.

00:13:47.000 It is uncertain as to what the country will look like post-election.

00:13:52.000 It is uncertain as to whether or not the Senate will remain in Republican hands.

00:13:56.000 It is uncertain what the Democrats will do next with power.

00:14:00.000 But right now, there is a certainty.

00:14:03.000 The certainty is that one of the three branches of government, that's right, we only have three branches of government.

00:14:08.000 I could make an argument.

00:14:09.000 There is a fourth branch of government, which is the bureaucracies, which is unchecked, unknown, and has unlimited power.

00:14:16.000 But that's a different podcast for a different time.

00:14:19.000 But out of the three branches of government, if you told me that come January, I can guarantee you that that branch of government will be solidly constitutional for the next couple decades, but I don't know what will happen to the other two branches, which, by the way, have much higher turnover rates where the Supreme Court is much more inelastic.

00:14:44.000 It is much more permanent.

00:14:46.000 I would take that deal.

00:14:48.000 I would take on the tough fight.

00:14:50.000 I would.

00:14:52.000 Mind you, I'm fully admitting that this Supreme Court fight might mean that we might suffer politically.

00:14:57.000 I'm saying it's worth it.

00:14:58.000 I'm saying it's worth it because when Joe Biden, in the hypothetical scenario that we have a Biden presidency, might try to do another DACA deal by executive fiat, that constitutional Supreme Court will strike him down.

00:15:13.000 That when the United States Senate might try a gun-grabbing bill, the Supreme Court might strike it down.

00:15:21.000 When the United States Senate tries to give amnesty to illegal aliens, that constitutional United States Supreme Court might strike it down.

00:15:28.000 What you can see here is going back to Montesquieu, where we get the idea of checks and balances from, we have a permanency of certainty of constitutionalism that is now being offered to those of us that love our country.

00:15:45.000 In fact, I would make the argument if we fill the seat, I actually think it improves the president's chances.

00:15:49.000 But I'm not going to tell you that I am 100% certain on it because there is a potential, and I'm just putting all the possibilities on the table here, of a backlash and a boomerang where the Democrats find Barack Obama-style 2008 energy out of this moment.

00:16:05.000 Where all of a sudden the Bernie Sanders people that were unactivated, the young people that were silent, come out and they vote out Trump just on the issue of Ruth Bader Ginsburg's seat.

00:16:15.000 That is a possibility.

00:16:17.000 I think it is a small possibility.

00:16:19.000 I think it is unlikely, but it can happen, just to kind of use game theory and game this out.

00:16:25.000 I actually think that it will boost Joe Biden's numbers in New York and California, but I actually think it will boost President Trump in states like Pennsylvania, Wisconsin, and Michigan.

00:16:36.000 But actually, none of that really matters.

00:16:40.000 I have grown exhausted and I have grown weary of the argument that we must look to the next election as a reason or as a guiding principle as to whether or not we should do the right thing.

00:16:58.000 Out of the three branches of government, the judicial branch, the legislative, and the executive branch, two of those branches turn over every couple years.

00:17:09.000 One every two years, the other every six years, lower chamber, upper chamber, and the other every four years.

00:17:15.000 The judicial branch is built into stone for a couple decades.

00:17:21.000 These are lifelong appointments.

00:17:25.000 Take that opportunity.

00:17:27.000 Seize it.

00:17:29.000 For the 1 million abortions that happen every single year, seize it.

00:17:33.000 For the gun grabbers that are licking their chops by the name of Mike Bloomberg, seize that opportunity.

00:17:39.000 For the size of the fourth branch of government and the regulatory state that is coming after our first freedoms, seize it.

00:17:45.000 For the tech companies that need to be reined in by justices that understand that monopolies have no place in the American marketplace, seize it.

00:17:55.000 For all these reasons and more, not to mention the attempted amnesty of 15 million people and the erosion of American sovereignty, those courts mean more than ever before.

00:18:08.000 So for all those reasons and more, seize the opportunity.

00:18:13.000 We as conservatives need to come from the belief that we have been losing our country.

00:18:19.000 Well, now we have an opportunity to actually win something and not just win an election, everybody.

00:18:25.000 This is winning a branch of our government.

00:18:30.000 This is winning one-third of the greatest country ever to exist governments.

00:18:37.000 One-third of it can now be in constitutional conservative hands.

00:18:42.000 When you look at it that way, it's not even a question as to whether or not we should proceed.

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00:20:35.000 I want to get to the next question, which actually ties to this question, because the Democrats are now sending out their threats. 0.62

00:20:43.000 You see, the Iranians and the Democrats have something in common. 0.72

00:20:47.000 They love using hyperbolic threats against the American people to try to get their way. 0.98

00:20:53.000 That's maybe why the Iranians and the Democrats get along so well. 1.00

00:20:56.000 Harold from Montana asks this question, and congratulations, Harold. 0.55

00:21:00.000 You win a signed copy of the MAGA Doctrine.

00:21:02.000 It segues beautifully.

00:21:03.000 Says, I'm hearing that the Democrats have threatened that there's nothing off the table if Trump appoints a Supreme Court justice.

00:21:08.000 They're even threatening to pack the Supreme Court if Trump appoints a justice and then loses in November.

00:21:13.000 How is this even constitutional?

00:21:15.000 Well, it is constitutional.

00:21:16.000 Nowhere in the Constitution does it specify that you have to have nine Supreme Court justices.

00:21:20.000 We could have five, we could have three, we could have 15.

00:21:24.000 So now court packing has been gaining support in the Democrat Party.

00:21:29.000 And they're threatening to pack the court.

00:21:30.000 And they're also threatening another nuclear option.

00:21:34.000 I'll mention that.

00:21:35.000 It's from Nancy Pelosiotz.

00:21:39.000 Pretty amazing, actually, to think about what they're actually willing to do.

00:21:42.000 And we warned you guys in the RBG episode: get ready because the Democrats are coming.

00:21:49.000 So Representative Joe Kennedy, who will never be a U.S. Senator, said, quote, if he holds a vote in 2020, we pack the court in 2021.

00:21:58.000 It's that simple, Joe Kennedy said.

00:22:00.000 Ed Markey, who beat Joe Kennedy in his primary in Massachusetts, said, quote, Mitch McConnell set the precedent.

00:22:06.000 No Supreme Court vacancies filed in an election year.

00:22:09.000 If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.

00:22:16.000 So attempted unsuccessfully by FDR in 1937, FDR, who was a wannabe autocrat, only president to be elected to four terms and serve three full terms.

00:22:27.000 He died in his fourth term.

00:22:29.000 He tried to force through parts of his New Deal that were ruled unconstitutional by the high court.

00:22:35.000 Now, again, the Supreme Court was established in 1789 by Article III of the United States Constitution, which also granted Congress the power to create inferior federal courts, circuit courts, and district courts.

00:22:48.000 The Judiciary Act of 1789, the act signed into law by President George Washington, specified that the court would make up six justices who would serve on the court until they died or retired.

00:23:00.000 Even though the first court comprised of just six justices, Congress altered the number of Supreme Court seats from a low to five to a high of 10, six times over the years.

00:23:11.000 In 1869, Congress set the number of seats to nine, where it has remained until today.

00:23:18.000 As of 2017, 113 justices have served on the United States Supreme Court.

00:23:24.000 So, basically, to sum all that up, while the role of the Supreme Court is established by the Constitution, its current makeup and composition and the norms by which it operates was established by Congress.

00:23:37.000 Consider this, though.

00:23:38.000 Democrats who would expand the court would also have to acknowledge that they did not have the support from Ginsburg herself, who warned against court packing just this past year in 2019.

00:23:48.000 Ginsburg, who they are now making the argument we must honor her wishes as if this was her seat, which it wasn't.

00:23:56.000 This is the people's seat.

00:23:57.000 She did not own it.

00:23:58.000 She just happened to occupy it.

00:24:00.000 She said, quote, nine seems to be a good number.

00:24:02.000 It's been that way for a nine times, she told National Public Radio, quote, I think it's a bad idea when President Franklin Roosevelt tried to pack the court.

00:24:10.000 So the Democrats are trying to honor her wishes in one capacity, but dishonor her wishes in another capacity.

00:24:18.000 So let's kind of work through this. 0.90

00:24:21.000 The Democrats are threatening they will pack the courts if they get their power back.

00:24:25.000 Nancy Pelosi with George Stephanopoulos in a very bizarre interview.

00:24:30.000 She seemed very confused.

00:24:31.000 She is becoming more and more like Joe Biden.

00:24:34.000 We're in the midst of the interview.

00:24:35.000 She just said, good morning.

00:24:36.000 It's very weird.

00:24:38.000 She said that her option, as I mentioned earlier, I previewed this, of impeaching the president during this fight is not off the table.

00:24:49.000 Play tape of Nancy Pelosi.

00:24:50.000 Some have mentioned the possibility if they try to push through a nominee in a lame-duck session that you in the House could move to impeach President Trump or Attorney General Barr as a way of stalling and preventing the Senate from acting on this nomination.

00:25:06.000 Well, we have our options.

00:25:08.000 We have arrows in our quiver that I'm not about to discuss right now.

00:25:13.000 So that's Nancy Pelosi in her own very confused way, basically saying that the Democrats might do impeachment proceedings against the president the second of this year, 45 days before an election, in the midst of highly contested House and Senate races, to impeach the president, try to prevent him from filling RBG's seat.

00:25:40.000 All the while, the Democrats are now holding the American people metaphorically hostage, saying we're going to start shooting prisoners.

00:25:48.000 I'm using metaphorical terms if you dare fill this seat.

00:25:52.000 Their idea of shooting prisoners is packing the court.

00:25:56.000 So here's my response to all this.

00:25:59.000 Good.

00:26:00.000 We finally found something you care about, Democrats.

00:26:04.000 We finally found something that you're willing to blow the country up over.

00:26:08.000 We finally found something that you're so worried that you might lose that you're willing to impeach the president again the second time in one year and also pack the courts.

00:26:19.000 That's a fight I'm willing to have.

00:26:22.000 You see, Democrats are like children.

00:26:24.000 They're infants. 0.97

00:26:26.000 They'll whine, they'll scream, they'll threaten, but there's very little sting to their punch.

00:26:34.000 They won't be able to pack the courts.

00:26:36.000 Joe Manchin, even moderate Democrat Kirsten Sinema, will come under such incredible grassroots revolt if they get the Senate back to even get 51 votes to pack the courts.

00:26:48.000 It's not going to happen.

00:26:49.000 It won't.

00:26:51.000 But they like to threaten this in the public arena because they like to scare people.

00:26:57.000 This is Chuck Schumer and the Democrats trying to create a form of a political hostage scenario.

00:27:06.000 If you dare do this, we will retaliate. 0.98

00:27:09.000 Again, that is not dissimilar to how the Iranians work. 0.88

00:27:13.000 The Democrats are extortionists. 0.99

00:27:16.000 All the while, let's remember, it was Harry Reid that set the precedent of breaking the filibuster to try to appoint judges and justices.

00:27:25.000 Play tape of Mitch McConnell warning Harry Reid not to do this.

00:27:30.000 Play tape.

00:27:32.000 Once again, Senate Democrats are threatening to break the rules of the Senate.

00:27:37.000 Break the rules of the Senate in order to change the rules of the Senate.

00:27:42.000 And over what?

00:27:45.000 Over what?

00:27:48.000 Over a court that doesn't even have enough work to do?

00:27:50.000 The majority leader promised.

00:27:53.000 He promised over and over again that he wouldn't break the rules of the Senate in order to change them.

00:28:02.000 If you want to play games, set yet another precedent that you'll no doubt come to regret.

00:28:10.000 Say to my friends on the other side of the aisle, you'll regret this, and you may regret it a lot sooner than you think.

00:28:15.000 Mitch McConnell, of whom I have criticized a fair amount, and this is healthy criticism, by the way.

00:28:21.000 I don't dislike him.

00:28:22.000 I actually have a lot of respect for him.

00:28:24.000 I have to give him credit.

00:28:25.000 Mitch McConnell was very much clairvoyant in the way that he articulated how this was going to play out.

00:28:32.000 This will come back to bite you sooner than you think.

00:28:37.000 Harry Reid sent out a tweet back when he got rid of the filibuster.

00:28:41.000 So let's kind of go through the filibuster.

00:28:42.000 We have a lot of listeners here that are actually just new to politics.

00:28:45.000 And by the way, thank you for listening.

00:28:47.000 I just love all the emails we get from people that say, I was disinterested till now.

00:28:51.000 So the filibuster is this.

00:28:53.000 A filibuster is a rule that is not in the Constitution.

00:28:56.000 Thomas Jefferson argued that the U.S. Senate should be a majoritarian body, meaning that 51 votes should be enough to move the Senate forward.

00:29:04.000 The filibuster is actually, what did Barack Obama call the filibuster? 0.75

00:29:08.000 Oh, yeah, a Jim Crow relic.

00:29:10.000 That's what he called it.

00:29:12.000 The filibuster was actually put in place during segregation as a way to try to kill civil rights legislation.

00:29:20.000 The filibuster is this: it is a rule that the Senate passes.

00:29:24.000 And just so you understand, if you don't know anything about the U.S. Senate, that's perfectly okay.

00:29:28.000 The Senate passes their own rules every year.

00:29:31.000 Who the majority leader is, how long people have to speak.

00:29:34.000 It's hundreds of pages long.

00:29:36.000 One of the reasons why Mitch McConnell is able to remain in power as majority leader is he actually understands the Senate rules.

00:29:42.000 And so the Senate rules are voted on in the beginning parts of every new session, right?

00:29:47.000 So after every midterm election, the Senate votes on rules.

00:29:50.000 One of the rules being that it should take 60 votes to pass massive spending bills and to confirm judges.

00:29:59.000 Senator Harry Reid, senator from Nevada, who recently retired, was the Senate majority leader when Barack Obama was president until Mitch McConnell won back the Senate in 2014.

00:30:11.000 Senator Harry Reed tried to get a couple circuit court judges confirmed under President Barack Obama, said, we're getting rid of the 60-vote threshold and we are going to break the filibuster.

00:30:23.000 Mitch McConnell was upset about this.

00:30:25.000 We just played tape from him.

00:30:26.000 You heard from him, where Mitch McConnell is a man of tradition.

00:30:29.000 Mitch McConnell does not want to set a new precedent.

00:30:32.000 Mitch McConnell is a man that cares a lot about the parliamentary aspect of the U.S. Senate.

00:30:40.000 He's a procedural guy.

00:30:42.000 That's an easy way to put it.

00:30:44.000 And so because of this, Mitch McConnell looks to Harry Reid and says, you broke the filibuster for a judge.

00:30:53.000 I'll break the filibuster for a judge.

00:30:55.000 That's why Gorsuch and Kavanaugh were both confirmed without 60 votes.

00:31:00.000 That's why over 200 circuit court judges have been confirmed without 60 votes.

00:31:05.000 So when you hear the filibuster being thrown around, it means that Chuck Schumer is going to remove the 60-vote threshold to be able to pass things like Medicare for all, massive spending bills, and very complex pieces of legislation.

00:31:21.000 This was all started, the filibuster was, in 1959, when the Senate was anticipating more civil rights legislation.

00:31:30.000 The Senate, under the leadership of Majority Leader Lyndon Baines Johnson, soon to be president of the United States, restored the cloture threshold to two-thirds of those voting.

00:31:41.000 So, if this is all very confusing to you, I completely get it.

00:31:45.000 Here's the essence of it: that the Democrats are threatening that if they win back the Senate, so if they're able to win Arizona, win Montana, win Colorado, North Carolina, and win back the United States Senate, that they will break apart the filibuster.

00:32:06.000 And if they also win back the White House, it'll take only 50 votes.

00:32:10.000 If they do not win back the White House, it will take 51 votes.

00:32:13.000 Because going back to your U.S. Constitution course, the vice president breaks the tie in the time that the U.S. Senate comes to a tie, the vice president breaks the tie.

00:32:25.000 So, putting that all together, the Democrats are trying to extort the American people.

00:32:32.000 All the while we are seeing calls for riots.

00:32:34.000 All the while, we are seeing Mitch McConnell having protests outside of his home.

00:32:40.000 They're already mobilizing more demonstrations outside of Senator Lindsey Graham's home.

00:32:44.000 This is happening in real time.

00:32:46.000 The Democrats look at this as the new gladiator ring to prevent a constitutional majority on the U.S. Supreme Court.

00:32:54.000 Let me be as clear as I possibly can: you're going to lose, Democrats.

00:32:59.000 You're picking a fight with the wrong grassroots portion of the American public.

00:33:06.000 We're going to win.

00:33:08.000 And if you're listening to this and you say, I actually care about the unborn, I care about church being essential.

00:33:13.000 I care about firearms.

00:33:15.000 I care about my country.

00:33:16.000 I care about the Constitution.

00:33:17.000 Contact one of these U.S. senators respectfully right now.

00:33:21.000 Do it respectfully.

00:33:22.000 Contact Senator Corey Gardner in Colorado, Senator Susan Collins in Maine, Senator Mitt Romney, or Senator Lisa Murkowski.

00:33:30.000 She's probably the least important.

00:33:32.000 She's a total write-off.

00:33:33.000 The one I want to focus on the most, though, is Senator Mitt Romney.

00:33:37.000 If everyone listening to this podcast right now went to Mitt Romney's Senate website and emailed him every single day and said, Senator Romney, I supported you in 2012.

00:33:51.000 Why would you not confirm Trump's pick?

00:33:56.000 Believe it or not, Senator Mitt Romney, of whom I have criticized publicly, who I have criticized with a lot of careful words.

00:34:10.000 Let's put it that way.

00:34:11.000 Not a fan.

00:34:14.000 If he votes for Trump's pick, I will be the first one to praise him.

00:34:20.000 I will.

00:34:22.000 I put politics so far aside when it comes to Supreme Court picks because I love my country and I know how significant the U.S. Supreme Court is.

00:34:32.000 But everyone listening to this right now should contact one of those senators, specifically Mitt Romney, and say, we implore you to confirm this justice, whomever it might be, because I know the president's list and I've gone through the list and they're all terrific.

00:34:47.000 It's a phenomenal list.

00:34:49.000 Grassroots pressure.

00:34:52.000 You listening right now, that is one way that you can help contribute to the Republic.

00:34:56.000 And let me tell you that these senators read their emails, they listen to the push that happens when people contact them.

00:35:06.000 And if you're in the state of Utah, you absolutely should be flooding the switchboard, calling Mitt Romney every day.

00:35:12.000 If every person watching and listening to this contacted Mitt Romney, you actually might play a role in saving our republic.

00:35:18.000 You might.

00:35:20.000 So now we have an opportunity.

00:35:21.000 The Democrats' operating position is this: this is their negotiation.

00:35:26.000 If you confirm a justice, when we get power back, we're going to pack the courts.

00:35:31.000 We're going to impeach the president while you're doing it, possibly not being dismissed by Nancy Pelosi, being called for by certain liberal activists.

00:35:37.000 We're going to storm the halls of the Senate.

00:35:39.000 And many people, as we profiled in a previous episode, we're going to burn down America.

00:35:44.000 That's basically what they've said.

00:35:45.000 Well, they've already done that the last couple months.

00:35:47.000 So it's not that the rioting will start, it's that the rioting will continue.

00:35:52.000 Here's our negotiating position.

00:35:55.000 I don't care what you threaten us with.

00:35:59.000 We don't negotiate with you.

00:36:02.000 The American people entrusted Republicans with a Senate majority in 2018 to expand our majority.

00:36:09.000 We are going to confirm this justice, this judge who wants to be a justice, I should say.

00:36:16.000 We are going to push back against you.

00:36:20.000 We learned from 2018 with Kavanaugh. 0.98

00:36:23.000 We're going to profile your insanity in the streets.

00:36:26.000 We're going to publicize your calls for insurrection, like the people that were calling for the burning down of America.

00:36:34.000 We will calmly and factually and deliberately refute the nonsense from the mainstream press, the activist media, and the Senate judiciary Democrats.

00:36:49.000 And we're going to win.

00:36:51.000 And if that means we lose in November, fine.

00:36:55.000 I can live with myself knowing that there are five good justices, one turncoat, and three revisionist activists.

00:37:03.000 And if Roberts sides with the five majority, whatever.

00:37:09.000 But Kavanaugh, Alito, Thomas, Gorsuch, and whomever this fifth person is, that's the firewall for liberty.

00:37:22.000 That's the safeguard for our country against whatever Joe Biden and all of them are planning.

00:37:30.000 You must make decisions based on the given, not the uncertain.

00:37:38.000 It is possible that Joe Biden will be inaugurated president in January.

00:37:43.000 It's very possible.

00:37:45.000 It's possible that Chuck Schuber is going to become majority leader.

00:37:48.000 He won't be able to pack the courts.

00:37:50.000 The American people won't put up with it.

00:37:53.000 Manchin, cinema, some of these more moderate Democrats, not going to happen.

00:37:58.000 And a lot of what Joe Biden is going to try to do, he's going to try to do by fiat.

00:38:03.000 And with a Supreme Court that's constitutional in nature, a lot of those things can be overturned.

00:38:08.000 And I lived through the Obama response.

00:38:12.000 The minute Joe Biden takes office, there will be a movement to hold Joe Biden accountable that will make the resist Democrat movement in 2016 and the Tea Party movement in 2010 look like nothing.

00:38:27.000 Because the Trump base, which is bigger and stronger than it ever has been in conservative politics for a base for a president, we're not going to go away in January.

00:38:36.000 We're still going to be mobilized.

00:38:38.000 A lot of the groups will still have data of our activists.

00:38:41.000 And we're still going to love our country the same.

00:38:44.000 And yet, we're going to be pretty upset that we lost.

00:38:48.000 And there will be tremendous grassroots pressure the minute that Joe Biden theoretically would get sworn into office.

00:38:58.000 That I can live with.

00:39:01.000 Do I think it's going to happen?

00:39:02.000 No, I actually don't think it will.

00:39:04.000 But it's possible.

00:39:05.000 In a year where I didn't think we'd shut down our country, in a year I didn't think that critical race theory would be taught in our churches.

00:39:11.000 In a year that I didn't think that looting would be glamorized as a normal activity, or a year where I didn't think that the American people wouldn't want to hold China accountable for an epidemiological Pearl Harbor, I'm done playing in uncertainties. 0.66

00:39:24.000 I'm now trying to get back to the roots of what I know can happen. 0.61

00:39:28.000 And what I know is this, that reclaiming one-third of our government away from the Warren Court or the Burger Court to very liberal courts that resulted in some of the worst left-wing precedent, including Roe versus Wade, now we can have the Kavanaugh Alito Thomas Gorsuch court.

00:39:50.000 In a year of unpredictability, of uncertainty, let's deal in givens.

00:39:58.000 Let's deal in things that transcend elections, that are multi-generational in nature.

00:40:04.000 And that is why Senate Republicans hold the line for grassroots conservatives listening to this.

00:40:10.000 This is the most important fight that we can be in right now.

00:40:14.000 Equally as important is our election, but get the justice seat filled.

00:40:19.000 Contact those senators I mentioned, Romney in particular.

00:40:23.000 Get engaged, demonstrate publicly.

00:40:28.000 A lot of you had said, Charlie, what can I do to help save the country?

00:40:31.000 This is your call to action.

00:40:33.000 Fill the seat, hold the line.

00:40:36.000 It might actually save our country.

00:40:40.000 In our fast-paced world, it's tough to make reading a priority.

00:40:43.000 At least it used to be.

00:40:44.000 A new app called Thinker has solved that problem by summarizing the key ideas from new and noteworthy nonfiction, giving you access to an entire library of great books in bite-sized form.

00:40:54.000 Read or listen to hundreds of titles in a matter of minutes, including old classics like Dale Carnegie's How to Win Friends and Influence People, to recent bestsellers like Jordan Peterson's 12 Rules for Life.

00:41:04.000 If you want to challenge your preconceptions, expand your horizons and become a better thinker, go to thinker.org/slash Charlie.

00:41:11.000 That's T-H-I-N-K-R.org/slash Charlie.

00:41:14.000 We have that link in the podcast description to start an extended free trial and put your mind in motion.

00:41:18.000 You guys know that we talk about thinker all the time.

00:41:20.000 Learn the great books, understand these ideas.

00:41:23.000 Thinkernoe.org slash Charlie, thinker.org/slash Charlie.

00:41:31.000 Charlie, if the 2020 election results in a 269 to 269 tie in the Electoral College, what is the next step?

00:41:38.000 Can the state legislature step in or does it automatically go to the House of Representatives?

00:41:41.000 Does that mean that the Democrats get to choose who becomes president?

00:41:44.000 What about if we get a 269 tie and the Democrats win the Senate?

00:41:47.000 Could it be possible to have a Republican president and Democrat VP keep finding the good fight?

00:41:51.000 Nate.

00:41:52.000 So, in the event that we have a 269 tie, which is actually a likely scenario, I shouldn't say likely, it's a possible scenario.

00:41:59.000 It's becoming more and more likely. 0.91

00:42:00.000 I actually have some good news for you.

00:42:03.000 Yes, the House determines the winner.

00:42:08.000 However, the way the Constitution is written, every state gets one vote.

00:42:15.000 So, California, with its dozens and dozens and dozens of Congresspeople, gets the same vote in breaking the tie as South Dakota.

00:42:28.000 So, each state caucus votes within themselves, and then they go represent their one vote.

00:42:36.000 Here's the good news: Republican-tilting states, states that would vote for Trump, it's about 27 states.

00:42:45.000 It's enough to break the tie.

00:42:48.000 So, therefore, the House would be a 26 to 23 split, not 27.

00:42:54.000 There was one change there, with Trump winning.

00:42:57.000 So, if we tie, it doesn't matter that Pelosi is Speaker of the House, the House would break the tie.

00:43:03.000 However, Pelosi does have one trick up her sleeve.

00:43:08.000 Pelosi has one thing she can do, which is a legitimate threat.

00:43:13.000 Now, the one little weapon that Pelosi has, regardless of whether or not we have a 269, 269 tie, is that according to the Constitution, the House of Representatives must certify the Electoral College outcome before it is made official.

00:43:31.000 It's a little known wrinkle in the U.S. Constitution. 0.97

00:43:35.000 So it is conceivable that Nancy Pelosi could refuse to certify the election results.

00:43:43.000 I think it's unlikely, but it is possible.

00:43:48.000 The language reads like this.

00:43:49.000 If no candidate receives a majority in the election, meaning a majority of electoral votes, for president or vice president, that election is determined via a contingency procedure established by the 12th Amendment.

00:44:01.000 In such a situation, the House chooses one of the three presidential electoral vote winners as the president, while the Senate chooses one of the top two vice presidential electoral vote winners as the vice president.

00:44:12.000 So the House picks the Senate, the Senate picks the vice president.

00:44:16.000 In the unlikely event that the House picks the president and the Senate picks the vice president, then you would also have the Senate vote all as one state together.

00:44:27.000 And so it is conceivable that you could have a Trump-Harris administration. 0.97

00:44:31.000 I think that Kamala Harris would be asked to resign.

00:44:35.000 But I don't know. 1.00

00:44:35.000 Maybe she'd want to be vice president in a Trump administration. 1.00

00:44:38.000 I think that'd probably be a fitting ending to 2020.

00:44:41.000 The long and short of it, though, is this, is that if it goes to the House, Trump wins.

00:44:45.000 So if we have a 269, 269 tie, you do not vote as a straight House.

00:44:49.000 Every single state gets one vote.

00:44:51.000 Thank you guys so much for emailing your questions in.

00:44:53.000 Please continue to send me in your questions, freedom at charliekirk.com, freedom at charliekirk.com.

00:44:59.000 If you guys want to get involved with Turning Point USA, go to tpusa.com, tpusa.com.

00:45:04.000 Type in Charlie Kirk show to your podcast provider.

00:45:06.000 Hit subscribe.

00:45:07.000 Give us a five-star review.

00:45:08.000 Screenshot it and email us freedom at charliekirk.com if you want a signed copy of the MAGA Doctrine.

00:45:13.000 Fill that seat.

00:45:15.000 Contact Mitt Romney.

00:45:16.000 Thank you guys so much for listening.

00:45:18.000 God bless.

The Charlie Kirk Show - September 21, 2020

Ask Charlie Anything 35: FILL THAT SEAT! Why the GOP Must Confirm Trump’s 3rd Justice, Pelosi’s Extortion? Can Democrats Really Pack the Supreme Court If Joe Biden Wins? And More...

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