The Charlie Kirk Show - EXPLAINED: Jack Smith's Supreme Court Hail Mary on Presidential Immunity

00:00:00.000 Hey everybody, Stan The Charlie Kirk Show.

00:00:01.000 Julie Kelly gives us an update on January 6th and Will Sharf on the timeline of Trump's legal cases.

00:00:07.000 Email us, as always, freedom at charliekirk.com.

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00:00:24.000 Email me as always, freedom at charliekirk.com.

00:00:26.000 And we'll see many of you this Saturday at AmericaFest.

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00:00:39.000 Buckle up, everybody.

00:00:40.000 Here we go.

00:00:41.000 Charlie, what you've done is incredible here.

00:00:43.000 Maybe Charlie Kirk is on the college campuses.

00:00:45.000 I want you to know we are lucky to have Charlie Kirk.

00:00:48.000 Charlie Kirk's running the White House, folks.

00:00:51.000 I want to thank Charlie.

00:00:52.000 He's an incredible guy.

00:00:53.000 His spirit is love of this country.

00:00:55.000 He's done an amazing job building one of the most powerful youth organizations ever created.

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00:01:23.000 I'll tell you, I called the president this weekend.

00:01:25.000 We had an amazing conversation.

00:01:27.000 He was in New York, and I was telling him about our great event at Mar-a-Lago.

00:01:32.000 And he said, what do you think about vice president?

00:01:33.000 Who do you think I should choose?

00:01:34.000 I said, Tucker Carlson.

00:01:37.000 It was warmly received.

00:01:39.000 And I'm going to keep on when I lobby privately here on publicly on the show.

00:01:42.000 I do private.

00:01:43.000 There's no agenda.

00:01:44.000 The agenda is the country.

00:01:45.000 And so we're an open book.

00:01:47.000 I said exactly that, and we had a great chat about it.

00:01:50.000 Okay, joining us now is Will Scharf, who should be Missouri's next attorney general.

00:01:54.000 I'm going to do whatever I can to make sure that happens.

00:01:55.000 Will is a great American.

00:01:57.000 He's terrific.

00:01:57.000 Will, welcome to the program.

00:02:00.000 Will, we've been gaming out this entire hour, specifically on the lawfare deal.

00:02:06.000 You are on Trump's legal team.

00:02:07.000 Is that right, Will?

00:02:08.000 That's correct.

00:02:09.000 Yeah.

00:02:10.000 Yeah.

00:02:10.000 Okay.

00:02:10.000 So you can really speak from authority on this.

00:02:12.000 Let me tell you my fear.

00:02:13.000 And again, I am simply a layman.

00:02:15.000 I didn't go to college, right?

00:02:16.000 So I'm just looking at this as an outsider.

00:02:19.000 My fear is that they're going to try to get him to be a convicted felon before, let's just say, July 4th.

00:02:25.000 Walk us through the timeline as it stands and kind of catch us all up to speed here.

00:02:32.000 Sure.

00:02:32.000 So I think it's very clear, it has been from the start, that the purpose of this DC case that they brought against him over so-called election interference is basically to railroad him to force him to be in trial at the height of campaign season.

00:02:50.000 The timing is essentially the point.

00:02:52.000 So the judge there, District Judge Tanya Chutkin, set a trial date for early March, the day before Super Tuesday would be the first day of trial.

00:03:03.000 What's happened, though, is there are very serious legal issues that that case raises, probably most importantly, issues regarding presidential immunity, the fact that a president, in our view, cannot be prosecuted for acts he took while he was president that fell even within the outer perimeter of presidential duties and responsibilities.

00:03:25.000 So we took an appeal on that issue up to the DC circuit.

00:03:28.000 And yesterday, Jack Smith's team sought to short-circuit that entire process and bring the case directly to the Supreme Court.

00:03:37.000 I saw that Jason Willick at the Washington Post posted on Twitter yesterday that that move makes it clear that the timing here is the point, that Jack Smith's team isn't acting in pursuit of justice.

00:03:50.000 They're acting in pursuit of election interference, that their whole goal here is getting this case to trial while the presidential election is pending.

00:03:59.000 Unfortunately for them, these appellate issues are weighty legal issues that require, in our view, careful consideration by the courts.

00:04:09.000 And I don't think the timeline will end up favoring them.

00:04:12.000 I think that after we've moved through the DC circuit, a panel, probably an on-bank petition as well, and after we've, at the end of that process, moved through the Supreme Court, there's no way that March trial date holds.

00:04:25.000 And this case is going to keep getting pushed further and further into the future.

00:04:31.000 I think it's very unlikely.

00:04:33.000 First of all, I don't think President Trump did anything wrong.

00:04:35.000 I don't think any fair court could convict him here.

00:04:38.000 I think it's extremely unlikely that the scenario that you outlined ends up coming to pass.

00:04:45.000 And I think that we're going to win on presidential immunity.

00:04:49.000 I think we're going to win on a lot of these issues.

00:04:51.000 We certainly should.

00:04:52.000 So I'm optimistic.

00:04:54.000 I believe President Trump is optimistic.

00:04:56.000 I think we've got the right arguments.

00:04:58.000 We've got a great team and we're going to keep on fighting.

00:05:01.000 Okay.

00:05:01.000 So kind of walk us.

00:05:03.000 So let's just say, absent appropriate delays, which there should be.

00:05:09.000 What is the current timeline?

00:05:11.000 And then I have a second question as well.

00:05:13.000 So let's do that.

00:05:14.000 Just to be clear, Charlie, you know, as you know, I was a federal prosecutor.

00:05:19.000 I saw carjacking cases, armed robbery cases, you know, basic run-of-the-mill violent crime cases drag through the courts for years.

00:05:29.000 So the idea that in one of the most important cases ever brought in the federal courts, that there would be this rush to trial within a few months, it's totally at variance with normal legal practice.

00:05:40.000 And it speaks to, as the president has consistently said, as President Trump has consistently said, it speaks to election interference being a key motivating factor here.

00:05:50.000 So as of now, our view is that all proceedings in the district court are stayed while we litigate issues of presidential immunity in the higher courts.

00:05:59.000 If the Supreme Court does not immediately take this case up, we would have appellate consideration by the DC Circuit.

00:06:07.000 If we lose, if the panel that's appointed to hear that case rules against us, we can seek on-bank review of that, which would mean that the entire DC Circuit sitting as one, all of the active judges, would hear that case a second time.

00:06:23.000 And if that didn't go well for us, we would be able to take the case up to the Supreme Court, filing a writ of certiorari or petition for a writ of certiorari, and then litigating the case in front of the Supreme Court.

00:06:36.000 That process that I just laid out for you under normal circumstances could easily take years.

00:06:42.000 Now, Jack Smith's team is moving to expedite at every opportunity, and that's truncating the timeline significantly.

00:06:50.000 But even so, if the Supreme Court does not immediately take this matter up, or even if they do, we're looking at potentially a delay of many months.

00:07:00.000 And that's why I say we don't believe that that March trial date is going to stick.

00:07:06.000 And the closer we get to the election, I think the worse the optics become for the Biden administration and Jack Smith to be pushing this thing to trial on such an expedited basis.

00:07:18.000 So is the Trump legal strategy trying to appeal this now to the Supreme Court, the timing?

00:07:26.000 Because there's been some news about the Supreme Court, or will that be more on overturning a conviction with presidential immunity?

00:07:34.000 No, so presidential immunity, it's the case with all immunities.

00:07:40.000 You're not obligated to litigate a case where you're immune from prosecution and then address it on the back end.

00:07:47.000 It's an issue that it's called an interlocutory appeal.

00:07:50.000 It's an appeal that takes place before final resolution of the case.

00:07:55.000 So we've appealed presidential immunity up to the DC circuit already.

00:08:00.000 Jack Smith's team is trying to now short-circuit that process by going straight to the Supreme Court.

00:08:06.000 But during the pendency of those motions, while we're litigating this issue of presidential immunity, all proceedings in front of the district court, pretrial motions, discovery, all of that is supposed to be stayed, and we believe it will be stayed.

00:08:21.000 So the longer this process goes on for, the less likely it is that President Trump goes to trial on any kind of timeframe approaching what was originally set out in this case.

00:08:34.000 Yeah.

00:08:34.000 And so the current timeline here, and people have to also remember, there's this civil vector too, which takes up time and attention and money.

00:08:45.000 There's the Egene Carroll civil defamation suit on January 15th.

00:08:49.000 There's a Pyramid Scheme class action suit.

00:08:51.000 What in the fresh heck is that, Will?

00:08:54.000 When you look down at the full list of cases against President Trump, I mean, the only answer is that this is a concerted effort at election interference.

00:09:04.000 And the reason the left is pursuing him so hard is because he's the runaway leader for the Republican nomination for president.

00:09:11.000 I believe he's going to be our next president, all of this notwithstanding.

00:09:16.000 But President Trump is facing now criminal prosecutions in four jurisdictions.

00:09:20.000 As you said, you have the Eugene Carroll case.

00:09:24.000 You have this ongoing travesty in New York with Attorney General Letitia James' case.

00:09:30.000 That's another civil case against President Trump and the Trump organization.

00:09:35.000 You have Blazing Aim, which is a civil case relating to January 6th that's now percolating up through the courts as well, which also actually deals with issues of presidential immunity.

00:09:46.000 There's just a ton of litigation that's going on in the background here.

00:09:51.000 And when President Trump talks about election interference, what he's really pointing out is that while he should be out campaigning and making his case to the American people, he's instead being forced to sit in the courtroom and spend time and effort and money fighting all of these baseless charges against him.

00:10:07.000 Will Scharf, you're running for the Attorney General of Missouri.

00:10:11.000 And this ties into the work we're doing with President Trump, Charlie.

00:10:14.000 I think now more than ever, conservatives need to be willing to stand up and fight for our country, fight for our values, fight for our principles.

00:10:21.000 If we're not willing to stand up now, I don't think we're going to have another opportunity.

00:10:25.000 I see our country slipping further and further away from founding principles, from our founders' values.

00:10:32.000 I think now is the time for conservatives around the country to stand up and make their voices heard.

00:10:37.000 And that's why I decided to run for Attorney General.

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00:13:29.000 Will, I want you to remind our audience how unusual it is for them to accelerate the federal government to accelerate the timeline like this.

00:13:35.000 It's obviously election interference.

00:13:38.000 And doesn't it just require a judge, any judge to say, well, we'll do this in December or we'll do this in February of 2025?

00:13:47.000 Why the rush?

00:13:48.000 What explanation are they giving?

00:13:50.000 Yeah, and there really isn't a good explanation, Charlie.

00:13:52.000 You know, when I was prosecuting, if a defendant asked for more time, we'd almost always give him more time.

00:13:58.000 Here you have in both DC and Florida, wildly complex federal cases, millions and millions of pages of discovery, potentially hundreds of witnesses.

00:14:09.000 The idea that these cases should be brought on such an expedited timeline just never has made sense to me.

00:14:16.000 As I said before in D.C., the idea that you'd go to trial on that case in March, it's just, it's a very, very short timeframe.

00:14:27.000 I don't think that trial date will end up holding.

00:14:30.000 We're going to continue fighting on the appellate fronts.

00:14:33.000 But it really just goes to show, I think, how committed these people are to taking down President Trump and to stop him from effectively campaigning for president.

00:14:44.000 It is truly something and remarkable.

00:14:46.000 Talk about the gag order, Will.

00:14:48.000 That's another thing on top of this.

00:14:50.000 I know you argued it.

00:14:51.000 Give us an update there.

00:14:52.000 Yeah.

00:14:53.000 So a couple of weeks ago, we were in front of the D.C. Circuit, my colleague John Sauer and I arguing over this gag order that was imposed by the district court in D.C.

00:15:02.000 We were in front of a panel of three Democrat-appointed judges.

00:15:06.000 We felt that we got the better of that argument.

00:15:09.000 The government was really put to the test in a very serious way.

00:15:13.000 The D.C. Circuit panel then significantly narrowed the gag order, said, for example, that President Trump could speak out publicly about Jack Smith, could speak out publicly about some of the witnesses involved in certain circumstances, some of the potential witnesses involved.

00:15:31.000 We're looking at options now to potentially appeal that further.

00:15:35.000 But I mean, again, what we have here is an effort by the Biden Department of Justice to impose a very restrictive gag order on President Biden's principal political opposition.

00:15:46.000 It's unprecedented in American history.

00:15:48.000 We made the argument that that gag order amounted to an unconstitutional heckler's veto, basically holding President Trump accountable for the actions that third parties might or might not take in response to his speech, which is a big no-no in the context of the First Amendment.

00:16:05.000 We think our arguments are very strong on those issues, and I hope that the courts end up vindicating us on that issue.

00:16:12.000 But in the meantime, it is worth noting that the gag order was significantly narrowed by this panel of the DC Circuit.

00:16:19.000 And, you know, we're going to keep fighting for President Trump's First Amendment rights.

00:16:23.000 But so far, we're moving full speed ahead on that issue and all the others that we've discussed as well.

00:16:30.000 It's just remarkable.

00:16:31.000 It's unprecedented lawfare, just completely and totally unprecedented.

00:16:35.000 And final, final question, Will, if, which I know you think is unlikely, on the January 6th stuff, if they're able to land a conviction, is there any argument or superseding indictment that might be on the horizon to try to disqualify him from the ballot altogether?

00:16:50.000 So the only way to disqualify a presidential candidate that's out there right now is this 14th Amendment argument.

00:16:58.000 The idea that the insurrection clause of the 14th Amendment to the Constitution allows you to keep people off the ballot if they've effectively waged war against the United States.

00:17:09.000 This is a Civil War era, post-Civil War era enactment.

00:17:12.000 Every single court around the country that has looked at that 14th Amendment issue so far has ruled for us.

00:17:21.000 You have courts in Colorado and Michigan, courts not in deep red jurisdictions by any stretch, ruling that there's nothing to that argument.

00:17:30.000 I believe that President Trump will win the primary.

00:17:32.000 I believe that he will be on the general election ballot in every state in November.

00:17:37.000 And I believe he'll be elected.

00:17:39.000 One other point that's worth making, in repeated polls of the American people, a great majority of Americans believe that these prosecutions are politically motivated.

00:17:50.000 So even if you're right, and even if some sort of conviction is handed down in one of these cases before the election, I think the American people know what's going on here.

00:18:00.000 And I believe that they view these cases, the polls show they view these cases as politically motivated and effectively as election interference.

00:18:09.000 So I don't think that any of this is going to end up being dispositive in terms of the general election next November.

00:18:17.000 Will Scharf, we're behind you running for Attorney General of Missouri.

00:18:21.000 All the great people, Missouri, get behind Will.

00:18:23.000 Keep fighting.

00:18:23.000 Thanks so much, Will.

00:18:24.000 Appreciate you, Charlie.

00:18:26.000 Thanks for what you do.

00:18:27.000 Thank you.

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00:19:59.000 Joining us now is Julie Kelly, a Julie who has been spot on with all of her predictions.

00:20:05.000 Julie, welcome to the program.

00:20:06.000 I want to remind our audience, back in the spring, we had so many guests come on our show, say, oh, they'll never indict Trump, never indict Trump.

00:20:12.000 And Julie very plainly said, of course they're indicting Trump.

00:20:15.000 Of course.

00:20:16.000 And she said they're going to do it on January 6th stuff and even more.

00:20:19.000 The first question I have for you, Julie, is that you, I don't know if you've made the prediction yet, but you are concerned that you're seeing there might be a superseding indictment that could come down at any time against Donald Trump in regards to January 6th.

00:20:31.000 Do you still believe that?

00:20:32.000 And do you see evidence that that might be looming?

00:20:35.000 I don't.

00:20:36.000 So I know that I've said that repeatedly.

00:20:38.000 There's still a chance that he could do that.

00:20:41.000 But now that he's gone to the Supreme Court in this highly rare, unusual step, trying to leapfrog over the appellate court.

00:20:49.000 I know you guys have already discussed this to decide about the presidential immunity decision, whether that should stand or not.

00:20:58.000 It seems more, it seems less likely now that he will file a superseding indictment, especially now that the Supreme Court also kicked down the road the review of the 1512 C2 count in Trump's indictment.

00:21:14.000 That charge affects half of Jack Smith's indictment.

00:21:17.000 And the Supreme Court refused to take up that.

00:21:20.000 They're reviewing it again.

00:21:22.000 So if they grant CERT, what it's called, then they will look at how DOJ has abused that statute against not just Donald Trump, but more than 300 January 6th defendants.

00:21:32.000 So yesterday, I will say Charlie was a very disappointing day out of the Supreme Court, not only not refusing to take up this 1512 C2 obstruction of an official preceding statute issue and this very muddled appellate court ruling, but then coming back within hours of Jack Smith filing his petition and then demanding that Donald Trump respond to it by next week.

00:21:54.000 So let me dive into part of this here.

00:21:56.000 So Jack Smith is rushing to SCOTUS, kind of rehash this.

00:22:02.000 And because Will Sharf mentioned this, but just kind of, I want to hear your quick take on Jack Smith's quick run to SCOTUS.

00:22:11.000 Well, I'm sure as Will was saying, he's trying to leapfrog over the appellate court process, although he did ask for an expedited calendar there as well.

00:22:20.000 The appellate court came back last night and told Donald Trump to respond to Jack Smith's other motion by tomorrow morning.

00:22:28.000 So you've got two accelerated schedules happening at obviously the highest court and now the DC appellate court.

00:22:36.000 And what this relates to is Judge Tanya Chutkin's order that came down on December 1st that denied the president executive immunity.

00:22:45.000 She said straight out that presidents are subject to criminal prosecution.

00:22:50.000 This is something that is not settled.

00:22:53.000 It certainly is not in the Constitution.

00:22:54.000 I think Trump's lawyers made a very good argument that the way to deal with criminal acts in office is impeachment, which of course, as we know, he was impeached twice, including ones related to the events of January 6th.

00:23:07.000 So these are very thorny, unsettled, unchartered territory legal issues.

00:23:14.000 So the idea that this should all be settled before March 4th, which is the trial date, is preposterous.

00:23:22.000 And so this is why Jack Smith is rushing.

00:23:24.000 They want to stick to this March 4th trial date.

00:23:27.000 Tanya Chutkin set an accelerated trial schedule, seven months between indictment and trial.

00:23:35.000 Usually January 6th cases, Charlie go 14, 18, sometimes two years between indictment and trial.

00:23:42.000 She rushed the schedule.

00:23:43.000 And then guess what?

00:23:44.000 She sat for two months on Trump's motion for immunity.

00:23:48.000 She sat on it for two months before she ruled on it.

00:23:51.000 So this is a crisis of Jack Smith and Tanya Chutkin's creation.

00:23:56.000 Of course, Nadia is trying to blame Donald Trump for this.

00:23:59.000 And so now rushing to the Supreme Court in a very unusual step, bypass the DC appellate court, get a ruling on immunity and force this March 4th trial date down our throats and Donald Trump's throat.

00:24:12.000 So Will Scharf, who's on the legal team, doesn't think the March date is going to stick.

00:24:16.000 Do you?

00:24:17.000 Do you think that we're going to get a serious federal trial and maybe a conviction before the election?

00:24:23.000 I mean, no, it doesn't seem likely that this March 4th trial date will stick.

00:24:28.000 I mean, this is going to be an involved process, even if the Supreme Court kind of puts this on a fast track as well.

00:24:35.000 You've got the holidays in between, and then they have to take it to conference.

00:24:40.000 And then you need, I believe Mike Davis said, usually four justices to grant cert.

00:24:45.000 In this case, you need five.

00:24:47.000 So then they would have a briefing schedule, oral arguments.

00:24:50.000 How is that possibly going to happen with a decision handed down before March 4th?

00:24:56.000 And of course, as you know, it's not just the March 4th trial date.

00:24:59.000 There's an entire schedule leading up to that.

00:25:01.000 Jury selection is supposed to begin on January 9th, where draft jury questionnaires are due from both sides.

00:25:09.000 Jury selection in person is supposed to really start in February as they start to weed out uneligible jurors.

00:25:17.000 Then you're going to have a change of venue motion, obviously, that's going to be filed closer to the trial date.

00:25:22.000 We have to see how she's going to rule on that.

00:25:24.000 So you've got all of these things behind the March 4th trial date that have to be settled, have to be filed, have to be resolved.

00:25:33.000 So I have to agree with Will.

00:25:35.000 It seems impossible this March 4th trial date.

00:25:37.000 So then where does it go, Charlie?

00:25:39.000 Do you push it to April, May, that you get a conviction?

00:25:42.000 What?

00:25:43.000 When he's standing on the stage accepting the Republican nomination for president?

00:25:49.000 I mean, I'm sure they would love that.

00:25:51.000 Yeah, this is where we are.

00:25:53.000 So the other thing I want to ask you about is defense attorneys have coined the term January 6th jurisprudence to describe the treatment received by more than 1,200 defendants arrested so far.

00:26:06.000 This carve-out legal system involves the unprecedented and possibly unlawful use of a corporate evidence tampering statute.

00:26:14.000 This is something obviously you wrote and you know very well.

00:26:17.000 Walk us through that.

00:26:18.000 So defense attorneys call it January 6th jurisprudence.

00:26:21.000 And this is a special set of laws and punishment that relate only that apply only to, now we've got a caseload over 1,200 Americans arrested and charged for the events of January 6th.

00:26:35.000 And so the corporate evidence tampering corporate fraud statute that I reference in my piece is this 1512 C2.

00:26:44.000 The DOJ has abused this statute.

00:26:46.000 It was passed in the Sarbanes-Oxley Act in 2002.

00:26:49.000 It had to do with the Enron Arthur Anderson accounting scandal and the shredding, allegedly shredding of documents there.

00:26:58.000 But this Department of Justice has weaponized it, used it to criminalize political dissent and turn people who walked into the Capitol after even the joint session had recessed and charged them with this felony punishable by up to 20 years in prison.

00:27:15.000 And as I said, this is one, it's really two of four counts in Jack Smith's indictment against Donald Trump.

00:27:20.000 So it's critical that the Supreme Court take this up because the appellate court ruling really rendered three different opinions.

00:27:27.000 It was called a splintered ruling.

00:27:29.000 So why is the Supreme Court delaying a decision on this critical issue?

00:27:35.000 It's almost as critical as the immunity issue related to Donald Trump, because if the Supreme Court comes back and says, no, you have misinterpreted this statute, you are misapplying it.

00:27:45.000 It was never intended to be used this way.

00:27:48.000 then two or four accounts in Jack Smith's indictment goes away.

00:27:51.000 He's going to go to trial on two vague, you know, trumped up, so to speak, trumped up charges, conspiracy to defraud the United States and conspiracy to betray, keep people of their civil of their rights.

00:28:06.000 I mean, this is how fuzzy the other two counts are.

00:28:10.000 So that's why you sort of see all of these different legal issues colliding.

00:28:15.000 And again, this is a creation of special counsel Jack Smith and the Department of Justice.

00:28:20.000 They have created really a legal and political crisis in this country.

00:28:25.000 Now, they don't care.

00:28:26.000 That's what they want because they'll do anything to get Donald Trump behind bars, you know, this summer, take him off the campaign trail.

00:28:34.000 So that's sort of where this mixed bag is right now.

00:28:39.000 Have you seen any pushback from House Republicans to potentially hold these forces accountable?

00:28:48.000 Have you seen any sort of cross-examination or exposure?

00:28:53.000 I'm certainly not feeling that.

00:28:55.000 Well, I know that there was a letter sent, I believe, by Representative Luna.

00:28:59.000 I think Jim Jordan, there might have been another representative who sent something to Jack Smith's office asking for some sort of accountability.

00:29:08.000 Look, I think he's far past when he was supposed to submit a one-year report detailing his expenses.

00:29:14.000 Of course, he was appointed in November of 2022.

00:29:17.000 We have nothing really about his budget, how much he spent.

00:29:21.000 We know that he's spending millions on security for himself and his family, but we don't know how much this investigation so far has cost, how much the trial proceedings will cost, and then what will happen after that, let alone all the accountability for what he's done.

00:29:36.000 I mean, I think you reposted my tweet yesterday from another motion that indicated that Jack Smith took cell phones that Donald Trump and maybe a few of his advisors used in the White House.

00:29:48.000 They extracted data from those phones to see when his Twitter application, his Twitter app was open.

00:29:56.000 What is that all about?

00:29:58.000 I mean, and how can you just take phones used by the president of the United States without some sort of also appellate proceeding?

00:30:07.000 It's probably under sealed proceedings.

00:30:09.000 I'm sure this was another rubber stamp subpoena authorization by D.C. judges like Beryl Howell.

00:30:17.000 So they've got all of this data.

00:30:19.000 There's just no end to what Jack Smith and his team will go to to collect crazy evidence against Donald Trump.

00:30:29.000 And remember, not present it to the jury.

00:30:32.000 This is what they're doing.

00:30:33.000 They're presenting it to the American people.

00:30:35.000 They need to restore the January 6th insurrection narrative that is falling apart.

00:30:40.000 So it's incumbent on Jack Smith.

00:30:42.000 That's what he's using this trial for.

00:30:44.000 And the government Biden regime is using this trial for to re-piece the January 6th insurrection incited by Donald Trump because most of America doesn't believe it anymore.

00:30:57.000 The holidays and big family feasts are upon us.

00:31:01.000 But in D.C., it seems as if there's no bigger turkey than Senate Bill 1339.

00:31:07.000 S 1339 is Bernie's latest attempt to sneak in a backdoor takeover of more of our health care.

00:31:13.000 He falsely claims it will lower prescription drug prices.

00:31:18.000 But S1339 will actually do just the opposite.

00:31:22.000 It'll handcuff pharmacy benefit managers who are currently saving millions of Americans an average of $1,040 a year.

00:31:31.000 Bernie, the trickster, the Marxist, is hoping that thousands of your fellow Americans are already going to lowermydrugprices.com to stand up against S1339, that you'll be too busy making holiday plans or getting ready for a year-end vacation to stop him.

00:31:47.000 from a power grab on your health care.

00:31:49.000 Don't let this happen.

00:31:50.000 I'm urging you to keep up the pressure against the passage of S1339 by going to lowermydrugprices.com.

00:31:58.000 The Council for Citizens and Government Waste says if you don't want a socialized system that takes away your personal health care choices, increases costs, and makes you wait longer to see the doctor that is chosen by the government, go today right now to lowermydrugprices.com.

00:32:14.000 That is lowermydrugprices.com.

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00:32:20.000 This is a political ad paid for the Council for Citizens Against Government Waste.

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00:32:29.000 Julie, give our audience an update.

00:32:31.000 And we've talked about this before, how the dragnet keeps extending, that now people who did not enter the Capitol, who were hundreds of yards away from the Capitol, have now been arrested on federal charges for trespassing.

00:32:45.000 Give us an update.

00:32:46.000 I mean, that has been the case, Charlie.

00:32:49.000 There have been several defendants who did not go inside of the building, who were just on the grounds who were charged with multiple offenses, including, as you know, Coi Griffin, who is the Cowboys for Trump leader, who was convicted in a bench trial of one trespassing charge.

00:33:06.000 Well, that just went to the appellate war too.

00:33:08.000 And I'll tell you what, the judges there sounded very skeptical about that conviction and wanted to know, pressing the government to explain how people who were outside on the grounds who arrived at 2.30 knew that the grounds had been restricted.

00:33:23.000 And the government, DOJ, had no good explanation.

00:33:26.000 So that charge, or at least that conviction, could be at risk too.

00:33:30.000 But to your point, they are still rounding up people.

00:33:33.000 There was another arrest announced yesterday, a couple, husband and wife, who were arrested and charged with January 6th misdemeanors.

00:33:42.000 Last week, they arrested a 65-year-old woman from Texas.

00:33:45.000 Keep in mind, Charlie, this is the DC U.S. attorney, the man who is responsible for rounding up real violent criminals in the nation's capital.

00:33:55.000 As that city descends into violent chaos almost every weekend, he has a crisis of carjackings in that city.

00:34:04.000 He finally held a press conference today to address it.

00:34:08.000 Meanwhile, Matthew Gray is a DC U.S. attorney who is turning away criminals, declining 67% of violent cases brought to him by DC police, refusing to prosecute those criminals.

00:34:20.000 He is using his resources to instead hunt down nonviolent protesters for something that happened almost three years ago who live far outside of the city of Washington.

00:34:32.000 So that's the sort of double standard of justice that I think Americans are really frustrated and fed up with.

00:34:38.000 And a lot of that starts with Matthew Graves, who is taking his marching orders from the Department of Justice.

00:34:44.000 He said he wants to get to a total caseload of 2,000 defendants before he's done.

00:34:50.000 And he's making headway on that almost every single day.

00:34:54.000 What number are we at right now?

00:34:56.000 We're closing in on 1,300 defendants.

00:34:59.000 And I'll tell you, Charlie, he is moving at a clip of almost one arrest every business day.

00:35:04.000 He arrested more than and charged more than 20 individuals in November.

00:35:09.000 And he's on pace to do the same in December.

00:35:11.000 More than nearly three years later, yet all of the violence in Washington throughout 2020, including prompting the lockdown of the White House, assaulting lawmakers and their spouses, and Trump supporters in the November and December rallies, all of those cases have been dropped by the same prosecutor.

00:35:31.000 And yet, Republicans, I mean, at some point, you have to probably draw a line.

00:35:34.000 I mean, we're at 1,300 and he's at one a business day.

00:35:38.000 And these are ruining people's lives.

00:35:41.000 And they're turning peaceful protesting into felonies.

00:35:45.000 Julie, do you know of any other instances of people that have trespassed on the Capitol and they receive raids and arrests at airports?

00:35:55.000 No, it's unprecedented.

00:35:57.000 Every aspect of this, that's why they call it January 6th jurisprudence.

00:36:01.000 It is an entirely different set of laws and punishment, incarceration, pretrial detention, political prisoners, excessive prison sentences, terror enhancements for nonviolent offenders.

00:36:14.000 That's why they call it January 6th jurisprudence.

00:36:16.000 It is a carve-out legal system for people who protested Joe Biden's election and supported Donald Trump on January 6th.

00:36:23.000 Julie Kelly, thank you so much.

00:36:24.000 Appreciate it.

00:36:25.000 Thank you.

00:36:26.000 Thanks, Charlie.

00:36:29.000 Thanks so much for listening, everybody.

00:36:30.000 Email us as always freedom at charliekirk.com.

00:36:33.000 Thanks so much for listening.

00:36:34.000 God bless.

00:36:38.000 For more on many of these stories and news you can trust, go to CharlieKirk dot com.

The Charlie Kirk Show - December 12, 2023

EXPLAINED: Jack Smith's Supreme Court Hail Mary on Presidential Immunity

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