00:00:00.000Today in the Charlie Kirk Show, a 10-year-old got raped by an illegal.
00:00:04.000And then we have Ilya Shapiro to unpack what happened at Georgetown University and why the Supreme Court has gone in such a dysfunctional direction.
00:00:12.000Get involved with Turning Point USA today at tpusa.com.
00:00:15.000Come to our student action summit at tpusa.com/slash sas.
00:00:45.000His spirit, his love of this country, he's done an amazing job building one of the most powerful youth organizations ever created, Turning Point USA.
00:00:53.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:02:13.000I've been at the Cato Institute for nearly 15 years, the nation's preeminent libertarian think tank, and decided that maybe I should look for a new challenge, have a different kind of impact.
00:02:25.000Got a very interesting offer from Georgetown Law School to become executive director of their Center for the Constitution.
00:02:33.000As it turned out, the rest of the law school is basically the center against the Constitution, but we can get to that.
00:02:39.000A few days before I was due to take that job in February, was when Justice Breyer's retirement leaked.
00:02:53.000And I was critical of President Biden's decision to limit his candidate search by race and gender.
00:03:00.000Famously, he said he would pick a black woman.
00:03:03.000And I thought, you know, if I was a progressive Democrat president, I would pick Judge Sri Sri Navasan, chief judge of the DC Circuit, who's an Indian American, would be the first Indian or Asian American, happens to be an immigrant as well.
00:03:16.000So lots of diversity points too, but not the right kind, it turns out.
00:03:22.000And so, by operation of logic, we would, in my mind, end up with someone less qualified, a worse choice for a Democratic president.
00:03:30.000And given Biden's criteria, I've phrased that in Twitter's limitations as a lesser black woman.
00:03:36.000And really, it's those three words that got me in hot water, the manufactured outrage machine on social media and beyond, calling for my head.
00:03:45.000I eventually was onboarded, but immediately suspended pending an investigation into whether my comments violated the university's harassment and anti-discrimination policies.
00:03:56.000Four months of purgatory after the initial four days of hell.
00:04:00.000And ultimately, one of the bright lawyers looked at the calendar and said, Oh, he wasn't an employee when he tweeted, and therefore the policies didn't even apply.
00:04:09.000Now, obviously, they were cynically just waiting it out.
00:04:13.000Once the students got off campus at the end of the semester, that's when they could reinstate me.
00:04:18.000I celebrated that technical victory, but once I read the fine print, the report by my inquisitors, the Office of Institutional Diversity, Equity, and Affirmative Action, that kind of Orwellian crowd, they were setting me up for a fall.
00:04:34.000Basically, they were putting in a subjective standard whereby anytime I said something or wrote something in media commentary, in class, what have you, that offended somebody, somebody claimed offense, they didn't like it.
00:04:46.000That would be a hostile educational environment, subjecting me again to discipline and investigation, termination, what have you.
00:04:56.000And like most people, when you quit their job, I did so in the pages of the Wall Street Journal and noisily trying to shine a light on the rot at Georgetown specifically and academia more broadly.
00:05:07.000It was simply untenable for me to fulfill the duties that I've been hired to do.
00:05:12.000Well, and Ilya, this is, you don't have to comment on this, but just center-right donors, libertarian, conservative, Republican donors, they have to stop funding these schools.
00:05:23.000I mean, the way you were treated was horrible and terrible.
00:05:26.000And you're a very prudent, fair, you know, judicial expert.
00:05:30.000There's nothing controversial about you at all.
00:06:20.000That's a really good question, Charlie.
00:06:22.000And by the way, if someone's looking for a place to park their money, if not, they're alma mater.
00:06:26.000I'm now with the Manhattan Institute, which is doing fantastic work looking to expand the constitutional footprint there, which I direct.
00:06:34.000And the problem is you put your finger on it.
00:06:37.000This is not the age-old, decades-old conservative complaint that universities are too left-wing.
00:06:44.000I graduated college nearly 25 years ago.
00:06:47.000I graduated law school nearly 20 years ago.
00:06:49.000I don't think the ratio of liberals to moderates to conservatives among either student or faculty has really changed all that much.
00:06:57.000What has changed is administrative bureaucratic bloat, and especially these DEI offices, the diversity, equity, inclusion, that it's an Orwellian title because they subvert intellectual diversity, prevent equal opportunity, and exclude anyone who dissents from the progressive orthodoxy.
00:07:18.000But the administrators kowtow and placate the extreme left radicals.
00:07:23.000It's not simply that they're liberal, it's that they're empowering this narrowing and skewing to the left of the Overton window, the permissible range of policy views or right think as it were.
00:07:39.000Administrators, I don't think, for the most part, aren't woke radicals, but they're spineless and they're giving grease to the squeaky wheel of those activists that are demanding this illiberal, that's the point.
00:07:53.000The illiberalness is the problem, not the liberalness of takeover of academia.
00:07:59.000So, let me ask you, Ilya, and this is just more of a philosophical question.
00:08:03.000And this kind of illiberalism has made me more conservative and definitely less libertarian in believing in kind of we can get along with the other side.
00:08:18.000And we can talk about this offline if you're interested or whatever.
00:08:21.000I'm just, is there a part of you where you think that kind of live and let live, I won't bother you and you won't bother me, that contract has kind of been invalidated?
00:08:31.000I don't think it's a question of first principles.
00:08:33.000I think it's a question of pragmatism and what you do about the problems that you see.
00:08:38.000So traditionally, libertarians divide the world into public policy and everything else.
00:08:46.000And there are certain first principles that you have about what government should and shouldn't do.
00:08:52.000And you enact those and everything else is, well, that's, you know, people have different preferences and you can agree and live your life very conservatively or very, you know, whatever.
00:09:01.000But as long as it doesn't affect what the government's doing, that's not an issue for libertarian policy.
00:09:06.000The problem is that in this day and age, it's the culture and it's different institutional power that by the time it gets to actual levers of public policy, it's too late.
00:09:19.000If those UC Hastings law students who shouted me down on March 1st, that prevented, you know, at Yale, there was also a March of this year was a terrible month for free speech and getting events shut down.
00:09:33.000Again, not protested, not being asked hard questions, but just being shouted down and prevented from holding events.
00:09:41.000If those students 15 years from now, 20 years from now, are in positions of power, it's too late at that point.
00:09:49.000And so it's not even a matter of that I'm proposing that there be a government board to take over universities, not at all.
00:09:57.000But it does mean that we have to be smarter at identifying and addressing the threats.
00:10:01.000It's just an interesting thing because there's the, I want to live in that live and live world.
00:10:07.000I don't want to care about other people's business, but they're caring about mine and they're caring about children.
00:10:12.000And so that's an interesting question.
00:10:16.000You brought up kind of libertarianism and the libertarian view of public policy and everything else.
00:10:22.000But is it fair to say that within kind of a libertarian point of view is they don't like concentrated power?
00:10:29.000And could you make the argument though that we have concentrated cultural power, cultural monopolies and we have financial monopolies and corporate ones?
00:10:37.000I'm not saying state power is necessarily the answer, but it seems as if the question of who is dominating our life is more than just the state.
00:10:45.000It's all these other instruments of influence.
00:10:52.000And if private actors are oppressing you, the person feeling that oppression doesn't feel better that it's not being done under color of state law or what have you.
00:11:04.000The problem is the remedies are more difficult.
00:11:15.000By the time we went after Microsoft, it was no longer a monopoly.
00:11:18.000Remember that Netscape monopoly over browsers and things like that?
00:11:22.000I think we might want to learn, go back to the Industrial Revolution.
00:11:27.000And there was kind of this conception, including among classical liberals, the modern libertarians, of a third space that are private entities that are affected with the public interest.
00:11:38.000And it wasn't about Teddy Roosevelt's progressive antitrust, breaking up the trusts, but it was thinking about this public-private hybrid.
00:11:49.000That's a, you know, it's a complicated sort of situation that we're not going to resolve during this conversation, Charlie.
00:11:58.000So tell me about the, tell us about the book.
00:12:00.000The Supreme Court in particular has been corrupted by politics when it should inherently be a non-political branch.
00:12:09.000I believe the left did this with the Warren Court and the Burger Court.
00:12:12.000They politicized Supreme Court hearings with Bork and then Clarence Thomas and Brett Kavanaugh.
00:12:19.000Tell us about how the Supreme Court, which was always supposed to be the least political branch, has actually become the most political branch.
00:12:25.000Well, it's not exactly right that it's become the most political branch or that's been more politicized.
00:12:30.000In fact, the reason I wrote the book was in the wake of the Kavanaugh hearings.
00:12:35.000I wanted to see where exactly we went off the rails.
00:12:38.000Why is the Supreme Court been dragged down into the same kind of toxic cloud that infects or envelops the rest of our public discourse?
00:12:47.000Because the world didn't start with Kavanaugh or Clarence Thomas or Robert Bork.
00:12:54.000And it turns out, you go back to George Washington and politics has played a role in judicial confirmations.
00:13:00.000Washington had a Supreme Court nominee rejected for political reasons by the Senate.
00:13:05.000What's different now is that judicial philosophy is central to the way politics plays into the court, not just partisanship or someone's real politics or slavery or some of these other issues, but methods of interpretation.
00:13:22.000And you have the culmination of several trends where interpretive theory maps onto partisan preference at a time when the parties are more ideologically sorted and polarized than at least the Civil War, if not ever.
00:13:36.000And so you have these irreconcilable visions of what the judiciary, what the Supreme Court should be doing at a time when the court is very, very powerful, not political, but powerful, because over the course of decades, power has accreted to Washington and within Washington to the judiciary because of the growth of the administrative state.
00:13:57.000Now, there's a lot there to unpack, I know, but ultimately my point is you're not going to solve whatever problem you think you see with the Supreme Court by tinkering around the edges with the so-called structural reforms, whether that's court packing or term limits or changing the way hearings are conducted, because the problem is not with the process, it's with the product.
00:14:18.000It's with the warping of the separation of powers, the ignoring of federalism, and fundamentally having Washington decide so many major issues.
00:14:28.000And within Washington, the court every June deciding half a dozen of the major political problems in such a large, diverse, pluralistic society.
00:15:47.000And what happens when they push forward a big lie?
00:15:51.000And this is a very dark and disturbing story.
00:15:54.000So bear with us as we go through this.
00:15:57.000It involves the graphic nature of minors and disgusting material, but it also involves a fact pattern that the regime doesn't want you to talk about.
00:16:06.000So Roe versus Wade was reversed, sending the issue of abortion back down to the states.
00:16:11.000States can make their own laws with abortion, and that's the way it should have been the entire time.
00:16:16.000There is no federal right to abortion.
00:16:19.000And so Joe Biden then commented about a tragic story that there was a 10-year-old girl who had to travel out of state to Indiana for an out-of-state abortion.
00:16:31.000That a 10-year-old got pregnant, which is just hard to even grasp.
00:16:35.00010-year-olds getting pregnant, very well possibly putting her life in danger or life in jeopardy.
00:16:41.000Even the most pro-life people, including Orthodox rabbis and some people in the pro-life community, including myself, the only exception that I would say is okay for abortion is if the life of the mother is threatened.
00:16:54.000That is an understandable position that is articulated in a fair amount of literature as to why, because it would, if a life of the mother would be threatened, then they could potentially not have future children and many other things.
00:17:07.000Now, some people debate if there's even ever cases where the life of the mother is actually threatened.
00:17:12.000So this 10-year, I don't agree with that, but that's an opinion of some people in pro-life circles.
00:17:16.000However, this is an extraordinarily rare case that got a lot of attention.
00:17:20.000Joe Biden wanted to seize on it for political gain.
00:17:22.000So here's Joe Biden politicizing just an unspeakable tragedy.
00:17:25.000It's just a tragedy when anyone gets raped.
00:17:27.000And then Joe Biden talks about a 10-year-old girl had to travel to Indiana for an out-of-state abortion, play cut 44.
00:17:34.000It was reported that a 10-year-old girl was a rape victim in Ohio.
00:18:35.000It's also the fact that in Ohio, the rape of a 10-year-old means life in prison.
00:18:43.000I know our prosecutors and cops in this state.
00:18:46.000There's not one of them that wouldn't be turning over every rock in their jurisdiction if they had the slightest hint that this had occurred.
00:18:59.000And he continues to say Cut 46 continues to say that the heartbeat law has exceptions for medical emergencies.
00:19:04.000So if she was raped, she would have, if the life of her mother was threatened, she would have been able to leave the state for treatment.
00:20:02.000And so, it actually turns out half of the story was true.
00:20:07.000According to the Indianapolis Star, which first reported this month that a girl had to travel to Indiana because it was a point she could no longer access an abortion in Ohio, which was actually not true.
00:20:16.000The story made international headlines, and Biden used it as a case as an example of how restrictive an abortion ban can happen.
00:20:25.000Well, then, Attorney General of Ohio Dave Yost, who you just heard, said he did not believe the case was real because he had not heard a report filed.
00:20:32.000But here's the interesting thing: is that now there has been an arrest of the person who did this.
00:20:38.000So, at the time, Yost said, I hadn't heard anything about it, but because Joe Biden made this entire case, we now find out who actually did this.
00:20:49.000And this 10-year-old was raped by an illegal alien, otherwise known as Joe Biden's best buddies and friends, the people that Joe Biden let 7,000 into our country.
00:20:59.000So, the 10-year-old girl was raped by a foreign national that we allowed to come into our country, that Joe Biden allowed to come into America, that Joe Biden invited into America for what purpose?
00:21:16.000So, the suspected rapist accused of impregnating the 10-year-old child was now just arrested in Ohio, who happens to be a foreign national illegal that Joe Biden wants to potentially give amnesty for, and potentially was flown up north by Joe Biden in the middle of the night with underage migrants in New York and Ohio and all these places where he does these places.
00:21:38.000They do the middle-of-the-night airplane flights.
00:21:42.000So, Joe Biden tries to politicize a tragedy when in reality, Joe Biden's the one that actually created the conditions for that tragedy to exist in the first place.
00:21:53.000You read from the story, it just takes your breath away.
00:21:55.000Again, I gave you the disclaimer ahead of time.
00:21:57.000A Columbus, Ohio man has been charged with impregnating a 10-year-old girl.
00:22:01.000The story of a girl who traveled to Indiana to seek an abortion following the Roe versus Wade decision caught international attention and was at the receiving end of some scrutiny due to there being no charges laid in the case.
00:22:10.000Police say Gershon Fuentes, who lived in Columbus's Northwest Side, was arrested on Tuesday after confessing to the raping of a child on at least two occasions.
00:22:21.000Fuentes has been charged with felony rape.
00:22:24.000According to Detective Jeffrey Hoon, Columbus police were made aware of the young girl's pregnancy through referral by the Franklin County Children's Services.
00:22:31.000The girl received an abortion at an Indianapolis facility.
00:22:35.000Huhn said, quote, they also testify the DNA from the clinic in Indianapolis is being tested against the samples from Fuentes as well as the child siblings to confirm the contribution to the aborted fetus.
00:22:45.000Fuentes is an illegal immigrant and will not be held, will be held, will not be held without bond.
00:23:14.000How many child rapists do we allow into our country thanks to Joe Biden's border policies and weak Republicans on the border that allow that to happen?
00:23:28.000Drew Hernandez, Turning Point USA contributor, you might remember, he came on our program, had some very powerful videos exposing how these women come across the border with condoms and other contraceptives.
00:23:39.000Now, we know they're likely to get raped across the southern border.
00:23:43.000So, the way that I think Joe Biden and these people rationalize it is like, well, we'll just have abortion everywhere.
00:25:30.000There's been some notion out there in other state legislatures that they are going to bring legal action against health care providers and against women themselves if they travel outside of states where abortion is banned to a city like Chicago or a state like Illinois.
00:25:50.000I mean, I have to tell you, as an African American, what I hear when I hear that is fugitive slave laws like were back in the day where they're chasing people who are seeking freedom.
00:26:04.000In July in Chicago, 27 people have been shot and killed, 151 shot and wounded, 178 total shot with 29 homicides.
00:26:12.000Year to date, over 324 people in Chicago have been shot and killed, 1,442 shot and wounded, 1,766 total shot, and 355 total homicides.
00:26:23.000And Lori Lightfoot is lecturing us about Clarence Thomas and fugitive slave laws.
00:26:28.000Joe Biden was very quick to try to take a victory lap saying, this is why we need Roe versus Wade, national abortion, because of a 10-year-old that had to travel to Indiana for an out-of-state abortion threatening her life.
00:26:41.000What he didn't tell you is who actually did the crime itself.
00:26:48.000Someone that came here illegally, broken line, illegally harbored themselves, invited by the same sort of malevolent and sinister forces that are pushing forward all of these open border policies and quite honestly, the intentional treasonous invasion of the country.
00:27:07.000But don't worry, they say, toxic cisgendered men, they're the greatest threat to democracy.
00:27:13.000White men, they're going to destroy America.
00:27:16.000That's what you can receive when you go to a college campus.
00:27:21.000Look, we know rates are inching up and they're still historically low.
00:27:24.000But if you're tired of the high cost of renting, there's still time to buy a home.
00:27:28.000And I was just talking about this on our program.
00:27:35.000They're the ones to contact right now to get you financing into your new home.
00:27:40.000They're not just mortgage brokers, they're lenders with Sierra Mortgage.
00:27:43.000They've been through multiple ups and downs and economic markets, like you can imagine, just like the ones we're seeing today.
00:27:48.000So you just got to go to andrewandodd.com.
00:27:51.000Whether you're considering owning versus renting or seeking a safer haven for your family in a new state, now's the time to get a pre-approved loan to give you the edge over other buyers.
00:28:36.000I want to do kind of a COVID update because I believe they're actually going to be bringing back lockdowns, back vaccine mandates and mask mandates.
00:28:46.000I was just traveling to the airport a couple days ago, and I was shocked at how many people are still voluntarily wearing masks.
00:28:56.000Now, if that's one of you in our audience, okay, I'm not going to judge you.
00:28:59.000I'm just saying, well, if you're making a child wear a mask, I am going to judge you.
00:29:02.000But if you're wearing a mask, whatever, maybe you have a health condition and the mask makes you feel better, or maybe it's a special mask I'm not aware of.
00:29:10.000But I'm not going to put judgment on you.
00:29:12.000What does shock me, though, is how many people are wearing them that are young?
00:29:50.000And what's so interesting is that many of them say they hate their life, they can't stand what they're living through, and yet they're so afraid to die.
00:30:01.000It's a very interesting, paradoxical existence.
00:30:04.000Now, part of it is probably because younger people are on their phones more and they're just being fed this nonstop stream of fear-induced propaganda and paranoia.
00:30:14.000Fauci came out and he said, This is what's so funny about this: Fauci admits COVID-19 vaccines do not protect overly well against infection.
00:30:24.000But what's so funny is that when Fox News posted this image, Facebook had a disclaimer underneath Fauci's statement that said, Visit the COVID-19 information resource for vaccine resources.
00:30:37.000Which is like, you got to be careful if Fauci's spreading vaccine disinformation.
00:30:42.000I have a question: Did Anthony Fauci take ivermectin?
00:31:35.000But let's play this just as a teaser for tomorrow playclip 29.
00:31:40.000The Emergency Committee on COVID-19 met on Friday last week and concluded that the virus remains a public health emergency of international concern.
00:31:51.000WHO recommends masks a den and preps the world for global lockdown in the fall.
00:31:58.000They're extending the emergency use authorization.
00:32:00.000Now, remember, the emergency is a prerequisite to your freedoms and liberties being taken away.
00:32:04.000The emergency is a prerequisite to mass mail and voting.
00:32:08.000If, again, if you want to talk about an October surprise, if you want to talk about a midterm surprise, if they are ever to get, if they're able to get COVID-induced paranoia back into the front of people's minds, even for 90 days, they will be able to justify a momentary unconstitutional mass mail-in balloting scheme.
00:32:28.000Mail-in ballots are necessary and needed for the regime to not lose as terribly as they did, as terribly as I think they will in November, absent an October surprise or a curveball.
00:32:40.000The Democrats right now seem awfully satisfied and content with the pure implosion of their political prospects.
00:32:51.000So we need to kind of give you an update of all the things that are happening.