00:01:02.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:02:32.000So 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.
00:02:52.000So 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.
00:03:03.000What'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.
00:03:25.000So we took an appeal on that issue up to the DC circuit.
00:03:28.000And yesterday, Jack Smith's team sought to short-circuit that entire process and bring the case directly to the Supreme Court.
00:03:37.000I 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.
00:03:50.000They're acting in pursuit of election interference, that their whole goal here is getting this case to trial while the presidential election is pending.
00:03:59.000Unfortunately for them, these appellate issues are weighty legal issues that require, in our view, careful consideration by the courts.
00:04:09.000And I don't think the timeline will end up favoring them.
00:04:12.000I 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.
00:04:25.000And this case is going to keep getting pushed further and further into the future.
00:05:14.000Just to be clear, Charlie, you know, as you know, I was a federal prosecutor.
00:05:19.000I saw carjacking cases, armed robbery cases, you know, basic run-of-the-mill violent crime cases drag through the courts for years.
00:05:29.000So 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.
00:05:40.000And 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.
00:05:50.000So 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.
00:05:59.000If the Supreme Court does not immediately take this case up, we would have appellate consideration by the DC Circuit.
00:06:07.000If 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.
00:06:23.000And 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.
00:06:36.000That process that I just laid out for you under normal circumstances could easily take years.
00:06:42.000Now, Jack Smith's team is moving to expedite at every opportunity, and that's truncating the timeline significantly.
00:06:50.000But 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.
00:07:00.000And that's why I say we don't believe that that March trial date is going to stick.
00:07:06.000And 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.
00:07:18.000So is the Trump legal strategy trying to appeal this now to the Supreme Court, the timing?
00:07:26.000Because there's been some news about the Supreme Court, or will that be more on overturning a conviction with presidential immunity?
00:07:34.000No, so presidential immunity, it's the case with all immunities.
00:07:40.000You're not obligated to litigate a case where you're immune from prosecution and then address it on the back end.
00:07:47.000It's an issue that it's called an interlocutory appeal.
00:07:50.000It's an appeal that takes place before final resolution of the case.
00:07:55.000So we've appealed presidential immunity up to the DC circuit already.
00:08:00.000Jack Smith's team is trying to now short-circuit that process by going straight to the Supreme Court.
00:08:06.000But 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.
00:08:21.000So 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.
00:08:34.000And 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.
00:08:45.000There's the Egene Carroll civil defamation suit on January 15th.
00:08:49.000There's a Pyramid Scheme class action suit.
00:08:54.000When 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.
00:09:04.000And the reason the left is pursuing him so hard is because he's the runaway leader for the Republican nomination for president.
00:09:11.000I believe he's going to be our next president, all of this notwithstanding.
00:09:16.000But President Trump is facing now criminal prosecutions in four jurisdictions.
00:09:20.000As you said, you have the Eugene Carroll case.
00:09:24.000You have this ongoing travesty in New York with Attorney General Letitia James' case.
00:09:30.000That's another civil case against President Trump and the Trump organization.
00:09:35.000You 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.
00:09:46.000There's just a ton of litigation that's going on in the background here.
00:09:51.000And 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.
00:10:07.000Will Scharf, you're running for the Attorney General of Missouri.
00:10:11.000And this ties into the work we're doing with President Trump, Charlie.
00:10:14.000I 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.
00:10:21.000If we're not willing to stand up now, I don't think we're going to have another opportunity.
00:10:25.000I see our country slipping further and further away from founding principles, from our founders' values.
00:10:32.000I think now is the time for conservatives around the country to stand up and make their voices heard.
00:10:37.000And that's why I decided to run for Attorney General.
00:10:42.000Okay, Kirk fans, I need you to stop and pay attention to this.
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00:11:29.000After taking Strong Cell for six weeks, I found improvement in many areas, less shoulder pain, improved mental clarity, increased natural energy, and so much more.
00:11:36.000I'm thankful that Charlie Kirk recommended this to his listeners.
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00:11:42.000At first, I didn't think it would make much of a difference for my chronic fatigue, depression, anxiety, but I thought I'd give it a chance.
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00:13:29.000Will, I want you to remind our audience how unusual it is for them to accelerate the federal government to accelerate the timeline like this.
00:13:50.000Yeah, and there really isn't a good explanation, Charlie.
00:13:52.000You know, when I was prosecuting, if a defendant asked for more time, we'd almost always give him more time.
00:13:58.000Here you have in both DC and Florida, wildly complex federal cases, millions and millions of pages of discovery, potentially hundreds of witnesses.
00:14:09.000The idea that these cases should be brought on such an expedited timeline just never has made sense to me.
00:14:16.000As 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.
00:14:27.000I don't think that trial date will end up holding.
00:14:30.000We're going to continue fighting on the appellate fronts.
00:14:33.000But 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.
00:14:53.000So 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.
00:15:02.000We were in front of a panel of three Democrat-appointed judges.
00:15:06.000We felt that we got the better of that argument.
00:15:09.000The government was really put to the test in a very serious way.
00:15:13.000The 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.
00:15:31.000We're looking at options now to potentially appeal that further.
00:15:35.000But 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.
00:15:46.000It's unprecedented in American history.
00:15:48.000We 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.
00:16:05.000We think our arguments are very strong on those issues, and I hope that the courts end up vindicating us on that issue.
00:16:12.000But in the meantime, it is worth noting that the gag order was significantly narrowed by this panel of the DC Circuit.
00:16:19.000And, you know, we're going to keep fighting for President Trump's First Amendment rights.
00:16:23.000But so far, we're moving full speed ahead on that issue and all the others that we've discussed as well.
00:16:31.000It's unprecedented lawfare, just completely and totally unprecedented.
00:16:35.000And 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?
00:16:50.000So the only way to disqualify a presidential candidate that's out there right now is this 14th Amendment argument.
00:16:58.000The 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.
00:17:09.000This is a Civil War era, post-Civil War era enactment.
00:17:12.000Every single court around the country that has looked at that 14th Amendment issue so far has ruled for us.
00:17:21.000You have courts in Colorado and Michigan, courts not in deep red jurisdictions by any stretch, ruling that there's nothing to that argument.
00:17:30.000I believe that President Trump will win the primary.
00:17:32.000I believe that he will be on the general election ballot in every state in November.
00:17:39.000One 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.
00:17:50.000So 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.
00:18:00.000And I believe that they view these cases, the polls show they view these cases as politically motivated and effectively as election interference.
00:18:09.000So I don't think that any of this is going to end up being dispositive in terms of the general election next November.
00:18:17.000Will Scharf, we're behind you running for Attorney General of Missouri.
00:18:21.000All the great people, Missouri, get behind Will.
00:18:49.000You see, Patriot Mobile, they offer dependable nationwide coverage, giving you ability to access all three major networks, which means you get the same coverage that you're accustomed to without funding the left.
00:18:59.000So look, you got to make the switch today.
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00:19:22.000Their team will help you find the best plan for your needs.
00:19:25.000Just go to patriotmobile.com slash Charlie or call 972 Patriot.
00:19:30.000Glenn and the team there will be more than happy to help you.
00:20:06.000I 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.
00:20:12.000And Julie very plainly said, of course they're indicting Trump.
00:20:16.000And she said they're going to do it on January 6th stuff and even more.
00:20:19.000The 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.
00:20:36.000So I know that I've said that repeatedly.
00:20:38.000There's still a chance that he could do that.
00:20:41.000But now that he's gone to the Supreme Court in this highly rare, unusual step, trying to leapfrog over the appellate court.
00:20:49.000I know you guys have already discussed this to decide about the presidential immunity decision, whether that should stand or not.
00:20:58.000It 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.
00:21:14.000That charge affects half of Jack Smith's indictment.
00:21:17.000And the Supreme Court refused to take up that.
00:21:22.000So 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.
00:21:32.000So 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.
00:21:54.000So let me dive into part of this here.
00:21:56.000So Jack Smith is rushing to SCOTUS, kind of rehash this.
00:22:02.000And because Will Sharf mentioned this, but just kind of, I want to hear your quick take on Jack Smith's quick run to SCOTUS.
00:22:11.000Well, 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.
00:22:20.000The appellate court came back last night and told Donald Trump to respond to Jack Smith's other motion by tomorrow morning.
00:22:28.000So you've got two accelerated schedules happening at obviously the highest court and now the DC appellate court.
00:22:36.000And what this relates to is Judge Tanya Chutkin's order that came down on December 1st that denied the president executive immunity.
00:22:45.000She said straight out that presidents are subject to criminal prosecution.
00:22:50.000This is something that is not settled.
00:22:53.000It certainly is not in the Constitution.
00:22:54.000I 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.
00:23:07.000So these are very thorny, unsettled, unchartered territory legal issues.
00:23:14.000So the idea that this should all be settled before March 4th, which is the trial date, is preposterous.
00:23:22.000And so this is why Jack Smith is rushing.
00:23:24.000They want to stick to this March 4th trial date.
00:23:27.000Tanya Chutkin set an accelerated trial schedule, seven months between indictment and trial.
00:23:35.000Usually January 6th cases, Charlie go 14, 18, sometimes two years between indictment and trial.
00:23:44.000She sat for two months on Trump's motion for immunity.
00:23:48.000She sat on it for two months before she ruled on it.
00:23:51.000So this is a crisis of Jack Smith and Tanya Chutkin's creation.
00:23:56.000Of course, Nadia is trying to blame Donald Trump for this.
00:23:59.000And 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.
00:24:12.000So Will Scharf, who's on the legal team, doesn't think the March date is going to stick.
00:25:53.000So 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.
00:26:06.000This carve-out legal system involves the unprecedented and possibly unlawful use of a corporate evidence tampering statute.
00:26:14.000This is something obviously you wrote and you know very well.
00:26:18.000So defense attorneys call it January 6th jurisprudence.
00:26:21.000And 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.
00:26:35.000And so the corporate evidence tampering corporate fraud statute that I reference in my piece is this 1512 C2.
00:26:46.000It was passed in the Sarbanes-Oxley Act in 2002.
00:26:49.000It had to do with the Enron Arthur Anderson accounting scandal and the shredding, allegedly shredding of documents there.
00:26:58.000But 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.
00:27:15.000And as I said, this is one, it's really two of four counts in Jack Smith's indictment against Donald Trump.
00:27:20.000So it's critical that the Supreme Court take this up because the appellate court ruling really rendered three different opinions.
00:27:29.000So why is the Supreme Court delaying a decision on this critical issue?
00:27:35.000It'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.
00:27:45.000It was never intended to be used this way.
00:27:48.000then two or four accounts in Jack Smith's indictment goes away.
00:27:51.000He'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.
00:28:06.000I mean, this is how fuzzy the other two counts are.
00:28:10.000So that's why you sort of see all of these different legal issues colliding.
00:28:15.000And again, this is a creation of special counsel Jack Smith and the Department of Justice.
00:28:20.000They have created really a legal and political crisis in this country.
00:28:55.000Well, I know that there was a letter sent, I believe, by Representative Luna.
00:28:59.000I think Jim Jordan, there might have been another representative who sent something to Jack Smith's office asking for some sort of accountability.
00:29:08.000Look, I think he's far past when he was supposed to submit a one-year report detailing his expenses.
00:29:14.000Of course, he was appointed in November of 2022.
00:29:17.000We have nothing really about his budget, how much he spent.
00:29:21.000We 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.
00:29:36.000I 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.
00:29:48.000They extracted data from those phones to see when his Twitter application, his Twitter app was open.
00:30:42.000That's what he's using this trial for.
00:30:44.000And 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.
00:30:57.000The holidays and big family feasts are upon us.
00:31:01.000But in D.C., it seems as if there's no bigger turkey than Senate Bill 1339.
00:31:07.000S 1339 is Bernie's latest attempt to sneak in a backdoor takeover of more of our health care.
00:31:13.000He falsely claims it will lower prescription drug prices.
00:31:18.000But S1339 will actually do just the opposite.
00:31:22.000It'll handcuff pharmacy benefit managers who are currently saving millions of Americans an average of $1,040 a year.
00:31:31.000Bernie, 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.
00:31:47.000from a power grab on your health care.
00:31:50.000I'm urging you to keep up the pressure against the passage of S1339 by going to lowermydrugprices.com.
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00:32:31.000And 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.
00:32:46.000I mean, that has been the case, Charlie.
00:32:49.000There 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.
00:33:06.000Well, that just went to the appellate war too.
00:33:08.000And 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.
00:33:23.000And the government, DOJ, had no good explanation.
00:33:26.000So that charge, or at least that conviction, could be at risk too.
00:33:30.000But to your point, they are still rounding up people.
00:33:33.000There was another arrest announced yesterday, a couple, husband and wife, who were arrested and charged with January 6th misdemeanors.
00:33:42.000Last week, they arrested a 65-year-old woman from Texas.
00:33:45.000Keep 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.
00:33:55.000As that city descends into violent chaos almost every weekend, he has a crisis of carjackings in that city.
00:34:04.000He finally held a press conference today to address it.
00:34:08.000Meanwhile, 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.
00:34:20.000He 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.
00:34:32.000So that's the sort of double standard of justice that I think Americans are really frustrated and fed up with.
00:34:38.000And a lot of that starts with Matthew Graves, who is taking his marching orders from the Department of Justice.
00:34:44.000He said he wants to get to a total caseload of 2,000 defendants before he's done.
00:34:50.000And he's making headway on that almost every single day.
00:34:59.000And I'll tell you, Charlie, he is moving at a clip of almost one arrest every business day.
00:35:04.000He arrested more than and charged more than 20 individuals in November.
00:35:09.000And he's on pace to do the same in December.
00:35:11.000More 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.
00:35:31.000And yet, Republicans, I mean, at some point, you have to probably draw a line.
00:35:34.000I mean, we're at 1,300 and he's at one a business day.
00:35:57.000Every aspect of this, that's why they call it January 6th jurisprudence.
00:36:01.000It is an entirely different set of laws and punishment, incarceration, pretrial detention, political prisoners, excessive prison sentences, terror enhancements for nonviolent offenders.
00:36:14.000That's why they call it January 6th jurisprudence.
00:36:16.000It is a carve-out legal system for people who protested Joe Biden's election and supported Donald Trump on January 6th.