00:00:00.000Thank you for listening to this Podcast 1 production.
00:00:02.000Now available on Apple Podcasts, Podcast 1, Spotify, and anywhere else you get your podcast.
00:00:08.000Hey, everybody, it's time to confirm Amy Coney Barrett.
00:00:11.000We have the inside scoop of past confirmation fights from Brett Kavanaugh and Neil Gorsuch from the one and only Mike Davis from the Article 3 project.
00:00:19.000Please email us your questions, freedom at charliekirk.com.
00:00:22.000If you want to get involved with Turning Point USA, go to tpusa.com as we do our important work on thousands of high school and college campuses across the country, tpusa.com, tpusa.com.
00:00:34.000If we have impacted you at all at the Charlie Kirk Show, please go to charliekirk.com slash support, charliekirk.com slash support.
00:00:43.000Mike Davis is here with the inside scoop on Amy Coney Barrett.
00:01:01.000His 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.
00:01:10.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:01:49.000So can you tell us just first of all about your experience in Supreme Court fights, how nasty the other side can be, the lengths that they're willing to go to?
00:01:59.000What are some of the big lessons from the Gorsuch and Kavanaugh fight that we can learn from and apply to confirming Judge Amy Coney Barrett?
00:02:09.000Yeah, so I've worked on the last four confirmation fights for Republican presidents.
00:02:14.000I worked on the Robertson Alito confirmations when I worked in the Bush 43 White House.
00:02:20.000I helped lead the Gorsuch confirmation fight as his top outside advisor during his confirmation.
00:02:30.000And then I went to work on the Senate Judiciary Committee last Congress for my former boss and home state senator from Iowa, Chuck Brassley, the chairman of the Senate Judiciary Committee last Congress.
00:02:42.000And that's where I was the staff leader for the fight to confirm Justice Kavanaugh.
00:02:48.000And I would say this, if you thought that Justice Kavanaugh's confirmation fight was ugly, just wait till this one.
00:02:57.000It's going to make Justice Kavanaugh's look like a walk in the park.
00:03:01.000And we're already starting to see that with the attacks against Judge Amy Coney Barrett, a superb Supreme Court nominee and her family with her seven children, five of them biological kids, one with Down syndrome, two of them adopted competing.
00:03:18.000We're already seeing the vicious attacks against Judge Barrett and her family.
00:03:23.000Yeah, Dr. Ibram X. Kendi said that Amy Coney Barrett and her family are white colonizers for adopting Haitian children.
00:03:33.000He was named one of the top Time 100 people, and he is also very close with a lot of people in mainstream Democrat politics.
00:03:42.000In fact, Jack Dorsey from Twitter donated to him.
00:03:44.000So that kind of goes to show just some of the attacks that they're already going after with Judge Barrett.
00:03:49.000Can you tell us more about Judge Barrett's interpretation of the Constitution?
00:03:54.000And what do you think makes her an exceptional choice to fill this Supreme Court vacancy?
00:04:00.000Yeah, so Judge Amy Coney Barrett is right out of central casting for the Supreme Courts.
00:04:06.000Like I said, when I was the staff leader for nominations on the Senate Judiciary Committee last Congress, we actually handled her confirmation then for the Seventh Circuit.
00:04:17.000And what you're getting with a Judge Barrett is someone who has been a, she went to Notre Dame law school, where she graduated number one in her class.
00:04:26.000She served as the executive editor of the law review.
00:04:30.000She has been a Notre Dame, actually after law school, she clerked for two very prestigious judges, including the late great Justice Antonin Scalia on the Supreme Court, where she was schooled in the judicial philosophies of textualism and originalism.
00:04:46.000What that means is that as a judge, you follow what the law actually says, the text, and what that law means to the, what that law meant to the public when that text was written.
00:04:57.000So there is a fixed meaning to the law.
00:05:00.000And so you don't have these liberal judicial activists coming in and rewriting the law based upon their policy preferences.
00:05:06.000So she clerked for Justice Scalia, and then she went on.
00:05:09.000She's been a Notre Dame law professor for the last 18 years.
00:05:12.000She's still a Notre Dame law professor, even as a Seventh Circuit judge.
00:05:16.000At Notre Dame, she was widely renowned by faculty and students alike.
00:05:21.000And we're seeing these with the letters of support and the other testimonials for her.
00:05:25.000She is a top scholar, a leading professor, very well liked and respected.
00:05:31.000And she is no doubt a conservative jurist who understands that a judge's modest but critical role is to follow the law, not rewrite the law.
00:05:42.000And she understands that federal judges are the last line of defense when we have, that protects all Americans from mob rule and government overreach.
00:05:52.000She is a phenomenal pick by President Trump for the Supreme Court.
00:05:56.000Can you contrast her philosophy that she'd bring to the court to that of Sotomayor or Kagan, that it's kind of this revisionist way of viewing the law, very activist, if you will.
00:06:08.000Can you kind of detail for our listeners that are younger, that are new to these Supreme Court fights, why it is so important to have an originalist view, a constitutionalist view?
00:06:19.000Even Antonin Scalia said he made decisions, and I'm paraphrasing here, that he knew was the right interpretation of the law, but he didn't actually agree with what he knew the consequences would be.
00:06:31.000I'm paraphrasing and you would be able to fill that in better, but you have to abide strictly to what the text says.
00:06:36.000Can you build out those differences more for some of our younger listeners that are new to these kind of Supreme Court fights?
00:07:14.000The executive branch, Article 2, enforces the laws.
00:07:18.000And Article 3, which is supposed to be the least powerful, the least dangerous branch, is the one that interprets the laws.
00:07:24.000And then they also divided power between the federal government and the states and the people.
00:07:29.000So if the Constitution, think about our Constitution as a loan agreement.
00:07:33.000We, the people, loan the federal government power through this Constitution.
00:07:37.000And in exchange for our loaning of them of this power, they need to protect us.
00:07:42.000They need to protect our liberty, protect us from mob rule, protect us from government overreach.
00:07:46.000And so what is so important is that these government actors understand their proper role in our constitutional system and stay within their lanes, right?
00:07:56.000And that's what a conservative judge does.
00:07:58.000They understand that they have a very limited but critical role, and that is to interpret the law as written and understood by the people at the time of its enactment, textualism in the region.
00:08:10.000Compare that to Democrats, Democrat-appointed judges who are liberal judicial activists.
00:08:15.000They see that the acquisition of power is the ends in itself, that they want to, Democrats seek power just for the sake of having power, right?
00:08:27.000And so you appoint these judges, these liberal activist judges on the court who will ignore the law, rewrite the law, do whatever it takes to get to that ultimate end, which is to give Democrats more power.
00:08:40.000And it's just, it's a wrong judicial philosophy because it leads to tyranny.
00:08:45.000It leads to instances like we're seeing right now where Judge Emmett Sullivan, a Clinton appointed judge on the district court in D.C., is persecuting General Michael Flynn, a good man, a four-star general, and persecuting him, even after the federal government, and it's their decision that the executive branch has decided not to pursue charges against General Michael Flynn based upon the Obama-Biden made-up collusion against him,
00:09:13.000the false charges that were brought against Michael Flynn.
00:09:16.000This Democrat appointed judge, this Obama, or excuse me, this Clinton appointed judge on the DC district court is abusing his power.
00:09:27.000But it is so dangerous when you give judges too much power because if judges have this power, they can take away your rights for young people, for people on college campuses.
00:09:39.000So we had First Amendment rights there.
00:09:41.000And I was glad that we did because I did things that were controversial as a conservative.
00:09:45.000And I needed those First Amendment protections from faculty members, from school administrators who would have loved to have thrown me off campus.
00:09:52.000It is so important that we have judges who follow the law without fear of favor.
00:10:00.000I want to tell you guys about Good Ranchers.
00:10:07.000Instead, get something that tastes good.
00:10:11.000I want to tell you about Good Ranchers.
00:10:13.000It's 100% American-born, raised, and harvested meat, and they delivered it to families across America.
00:10:20.000This vision was instilled into them from their grandparents that owned community grocery stores and believed in trust, charity, and American values.
00:10:28.000Goodranchers.com partners directly only with American ranchers from across the United States to bring the highest quality meat straight to your door.
00:10:38.000Goodranchers.com, you get 100% American raised beef to your door, beef the way it used to be.
00:10:43.000Get America's best grass-fed beef finished right to your door and shipping is always free.
00:10:48.000Goodranchers.com, 100% American beef, chicken, and more.
00:10:51.000Support American farmers and support the American economy.
00:10:53.000Skip the grocery store mystery meat and buy direct from goodranchers.com.
00:11:16.000And it's supposed to protect the rights of the minority.
00:11:19.000It's supposed to protect the rights of those that might have dissenting opinion, which actually, if you look throughout American history, the rights of the minority actually ends up being on the right of truth and the right side of the argument, but you must protect that right of expression.
00:11:34.000And, you know, as Dr. Larry Arn from Hillsdale said so well, there are two ways to govern human beings.
00:11:41.000The first of which is by persuasion, speaking, and talking.
00:11:46.000I actually kind of like that division.
00:11:47.000I mean, it's probably overly simplified, but it's really true.
00:11:51.000And if you do not have the capacity to be able to speak or to disagree or to get in a marketplace and sort out your differences, I should say, a commonplace where you're able to sort out your differences, then you're going to descend into force.
00:12:03.000And what we have seen, and I would love your thought on this, and it's very interesting.
00:12:07.000As America was more conservative in the 1960s and 70s, the court was actually more liberal.
00:12:13.000I think that the court was misaligned to the American kind of political identity back in the 60s and 70s, the Warren Court and the Burger Court in particular.
00:12:23.000Now we are seeing as America in some ways has become more left or more leftist, at least in certain states, which are predominantly populated states.
00:12:32.000I still think we're a center-right country in electoral college, you know, in an electoral college sense.
00:12:38.000The court actually has a chance to become more conservative.
00:12:42.000How is it that conservatives have been able to make these phenomenal gains?
00:12:46.000I don't like to use that word conservative.
00:12:49.000How is it that constitutionalists have been able to make such significant gains when the country's actually, in some ways, become more culturally liberal?
00:12:58.000I think that President Trump has been a driving factor for this transformation.
00:13:03.000We saw when President Trump, then candidate Trump, ran for office in 2016, he promised that he would appoint justices and judges in the mold of the late great Justice Galia.
00:13:15.000Judges who, and I think you're exactly right, Charlie, about calling them constitutionalists as opposed to conservatives, because you know what?
00:13:23.000It's not the job of a judge to get to a liberal result, and it's not the job of a judge to get to a conservative result.
00:13:30.000It's their job to follow the law wherever it leads it.
00:13:33.000If it is a liberal law, then it's the job of the judge to apply that liberal law and let the chips follow it where they may.
00:13:41.000We do not want to legitimize judicial activism on either side.
00:13:45.000And President Trump, if you go look, so I run the Article 3 project, article number3project.org.
00:13:51.000And as part of what we have on our website, we have a feature on there called judiciarytracker.com, judiciarytracker.com.
00:13:59.000And it shows you where the judiciary stood when President Trump was inaugurated, and it shows you where the judiciary stands now.
00:14:07.000And what you're seeing with President Trump, he has delivered on his promise to the American people that he would transform the federal judiciary with constitutionalist, originalist, textureless judges in the mold of Justice Galia.
00:14:20.000If you look at the Supreme Court, he solidified a Republican-appointed majority on the Supreme Court with the appointments of Justice Gorsuch and Justice Kavmaugh.
00:14:30.000He's about to transform the Supreme Court from the five to four John Roberts courts to the six to three Clarence Thomas courts with the appointments of Judge Amy Coney Barrett from the Seventh Circuit.
00:14:44.000If you look at the critically important federal courts of appeals, there are, these are courts, these are the courts of appeals that divide up federal appeals across the country.
00:14:53.000And there are 13 federal courts, I'm sorry, 12 federal courts of appeals around the country, the first through the 11th plus the DC Circuit.
00:15:03.000And they divide up, again, they divide up all the appeals around the country based upon region, and they are the last stop for the appeals in more than 99% of cases because the Supreme Court largely has discretionary review, meaning the Supreme Court gets to decide what cases they take and decide what cases they don't take.
00:15:22.000And they only take about, they only decide to take about 100 cases a year.
00:15:26.000It's not a heavy workload because they're deciding the most important cases that we face, the most controversial cases that we face.
00:15:32.000And the courts of appeals are the last stop.
00:15:36.000Of these 12 circuits, President Trump has flipped the second, third, and 11th from majority Democrat appointed to majority Republican appointed in less than four years.
00:15:50.000On the Ninth Circuit, the liberal out-of-whack Ninth Circuit, as it's called, the 29th seat out-of-whack Ninth Circus, President Trump, when President Trump started, there were 11 more Democrat-appointed judges than Republicans.
00:16:07.000And when President Trump wins re-election, he could do something that was unthinkable for a Republican president, and that has flipped the Ninth Circuit along with flipping every circuit in this country, all 12 regional circuits in this country, to majority Republican appointed.
00:16:23.000This is what's so important about this.
00:16:24.000President Trump's judges are not your typical, you know, country club Republican judges.
00:16:29.000These are true constitutionalist originalist judges who aren't going to limp out.
00:16:37.000I'm going to be really direct with you.
00:16:39.000If your cellular plan is Verizon 18 to your T-Mobile, you are simply paying way too much for the exact same coverage you'd be getting right now with PeerTalk.
00:16:47.000Look at your cell phone bill where it shows data usage.
00:16:50.000The average person who switches to PeerTalk is using less than four gigs of data a month, but the big carriers are charging you for unlimited data.
00:16:58.000It's like paying for an entire row of an airplane, but only needing one seat.
00:17:01.000That's how PeerTalk saves the average person over $400 a year on their wireless service.
00:17:06.000Unlimited talk, text, and two gigs of data, all for just $20 a month.
00:17:10.000And if you go over on data usage, they don't charge you for it.
00:17:13.000People are switching to PeerTalk in massive numbers.
00:17:15.000It's a grassroots movement and an easy decision that you'll make today.
00:17:19.000Grab your mobile phone and dial pound 250 and say, Charlie Kirk.
00:17:22.000When you do, you'll say 50% off your first month dial pound 250 and say the keyword Charlie Kirk.
00:19:06.000And what's kind of some of the inside baseball that viewers don't always see?
00:19:11.000Yeah, so I have unique experience here because I've worked on Supreme Court nominations from the White House, the Justice Department, from a Supreme Court nominee's perspective with Justice Gorsuch, and then as the staff leader for Justice Kavanaugh's confirmation.
00:19:23.000So I've been through all these fights.
00:19:25.000What happens is the president nominates, which he's already done with Judge Amy Coney Barrett's.
00:19:30.000They have to go through a bunch of procedural hoops to get to a hearing.
00:19:34.000And the procedural hoops include a Senate judiciary questionnaire that is standard that goes out to all Supreme Court nominees where they have to answer a bunch of questions and turn over a bunch of documents.
00:19:46.000The two headlines from her questionnaire that she just submitted yesterday, number one, she is exceptionally well qualified to serve on the Supreme Court.
00:19:57.000The American Bar Association, the Liberal American Bar Association, had no choice but to rate her as well qualified to serve for the Seventh Circuit.
00:20:05.000They're going to have no choice but to rate her as well qualified to serve again on the Supreme Court.
00:20:10.000The other headline is that if you look at towards the back of it, I actually think it's on the last page of the question, the answers on the questionnaire.
00:20:17.000She makes it very crystal clear that she had no discussions with anyone, no promises to the president, no promises to any senators, no promises to any outside groups, no backroom deals on how she's going to rule on any case, whether it's the American, whether it's the Obamacare, whether it's Roe versus Wade, whether it's any case, she's not doing that.
00:20:41.000She's not going to violate her ethical duties by promising how she's going to vote on cases in exchange for her nomination or confirmation vote.
00:20:48.000So those are the two headlines that come out of that from yesterday.
00:20:53.000She met with Senate Majority Leader Mitch McConnell.
00:20:56.000She met with Senate Judiciary Committee Chairman Lindsey Graham.
00:20:59.000She'll meet with other senators who want to meet with her in the coming days and have private discussions with those senators.
00:21:04.000She also has to prepare for her hearing that's set for October 12th, 13th, and 14th.
00:21:10.000And then there's another day of hearing with her outside witnesses and the Democrats' witnesses on the 14th, or excuse me, on the 15th.
00:21:16.000So preparing for her hearing, she has to go through her record, all of her academic writings from when she was a professor at Notre Dame.
00:21:23.000For 100 cases that she's written or joined on the bench on the Seventh Circuit Court of Appeals, she has to be ready for the questioning, be ready for the Democrats' attacks like they attacked her last time.
00:21:35.000They're going to question her about her Catholic faith like they did last time during her Seventh Circuit hearing, which is just utterly preposterous.
00:21:43.000Just the thought that you're going to grill someone over their Catholic faith or any faith.
00:21:48.000They wouldn't question and they shouldn't question a Jewish nominee or a Muslim nominee.
00:21:54.000They definitely should not be questioning judicial nominees about their religious faith.
00:21:59.000It is a violation of Article 6 of the U.S. Constitution, which says that there cannot be a religious test for officers of the United States.
00:22:07.000So when these senators question a nominee, it's anti-Catholic bigotry when they do it explicitly.
00:22:13.000It's dog whistling when they do it quietly.
00:22:16.000But nonetheless, it is a constitutional violation and a violation of their oath as senators.
00:22:23.000But they're going to prepare these, they're going to prepare Judge Barrett for her Supreme Court hearing.
00:22:28.000After her hearing, these senators submit written questions for the record.
00:22:33.000And these are tedious and oftentimes sent just to try to trip up a nominee.
00:22:39.000With Judge, with Justice Kavanaugh, he got, after his hearing, he had 1,200, this is before the Michael Avenatti serial gang rape hearing.
00:23:48.000I helped, you know, we had a team of people who helped him with his questions.
00:23:52.000And man, that confirmation battle was intense, but I just, I mean, that was nothing compared to what Kavanaugh went through.
00:23:59.000And it's going to be nothing for what Barrett's going to have to go through.
00:24:03.000And, you know, she has people at the White House counsel's office who help her with these answers.
00:24:08.000And she has people at the Justice Department who help her.
00:24:14.000Look, there's a serious problem out there.
00:24:16.000Our heroes have to pay out of pocket to do their job.
00:24:19.000Hunting for military first responder discounts has historically required going from one website to another, creating multiple accounts and logins to make purchases and jumping through various hoops to verify your service.
00:24:30.000Don't you wish there was one place you could visit where you didn't need to go from one place to the other?
00:24:39.000You see, at GovX works directly with brands to negotiate the best prices possible because you deserve the gear you need at the prices you've earned.
00:24:45.000Plus, you can trust that the gear you're ordering is 100% authentic, direct from the manufacturer.
00:24:50.000A huge collection of gear and apparel from popular brands, all in one convenient location.
00:25:11.000Yeah, I mean, I can't imagine the process, how arduous that is, and just to go through it.
00:25:16.000And so she also has to, on top of all of it, you know, maintain her composure against ad hominem attacks, against the protesters in the streets, massive amounts of money coming in from the left, trying to smear her family, because just one thing that you could say wrong will be used against you.
00:25:34.000I don't think this is going to be as fickle of a hearing where if Amy Coney Barrett says one comma wrong, I don't think it's going to be.
00:25:46.000You couldn't afford to lose as many votes.
00:25:48.000And Brett Kavanaugh, God bless him for what he did for our country holding the line there.
00:25:53.000So can you just kind of tell us in closing here what you guys are doing at the Article 3 Project to help get Amy Coney Barrett to become just this Amy Coney Barrett?
00:26:01.000And then finally, what else can we expect from the level of nastiness from the left?
00:26:06.000Are there any sort of procedural things that they can do?
00:26:10.000I mean, and they're talking about impeachment.
00:26:14.000Do you think that the Democrats learned their lesson or are they going to go after the throat, the metaphorical throat again?
00:26:21.000Well, so what we're doing at the Article 3 Project, article number3project.org, and we're on Twitter at article number three project, that article three project.
00:26:31.000What we're doing, we have a team of 21 of us right now for the Supreme Court fight, communicators, lawyers, researchers, and we are making the positive case for Judge Barrett as she goes through this process.
00:27:07.000We have people who have left-wing lunatics, leading Democrat operatives on Twitter who are saying that Judge Barrett and her husband are racist because they adopted two kids from Haiti, vicious attacks on their children.
00:27:21.000Have people again who are dog whistling about uh, judge Barrett's Catholic faith, or even saying it explicitly with their Anti-Catholic bigotry.
00:27:30.000Saying that she's too Catholic, whatever the hell.
00:27:33.000That means that she's too Catholic to serve on the court.
00:27:36.000She's proven over the last more than three years on the Seventh Circuit that she can separate her faith from her judicial decision making, and for people to attack her is nothing more than Anti-Catholic bigotry and it is.
00:27:49.000It is a violation of the constitution for these senators to do this.
00:27:53.000So we're making the that we're defending judge Barrett as she goes through this process.
00:27:56.000We're also defending the process, which is so important because the Democrats are already arguing.
00:28:03.000Eli Mistold, who's uh, just a complete woke clown, just came out today and did an interview saying that they are going to put out there that that the Republicans they want to.
00:28:13.000They want to try to delay this process as long as they can, obstruct the process until after the election, so they can use that as an excuse to pack the Supreme Court.
00:28:23.000Democrats have been advocating for packing the Supreme Court long before this nomination.
00:28:28.000It is in their 2020 Democrat pack platform, and I think it's really important for your listeners to understand what that means that means that they want to.
00:28:36.000They want to add new justices to the Supreme Court, something that has not been done for over 150 years since right after the Civil War, the late justice Ginsburg took the unusual step of coming out and publicly denouncing this as too radical.
00:28:49.000What this means for your listeners is your viewers is that, if there are if, if Joe Biden and Kamala Harris pack the Supreme Court with left-wing radicals, they're going to come after you.
00:29:01.000They're going to come after your right to speak on campus and elsewhere.
00:29:04.000They're going to come after your right to worship.
00:29:50.000What a great conversation it was with Mike Davis.
00:29:52.000Please email us your questions: freedom at charliekirk.com, freedom at charliekirk.com.
00:29:57.000Get involved with TurningPointUSA, TPUSA.com.
00:29:59.000And if you want a signed copy of the MAGA Doctrine, type in Charlie Kirk Show to your podcast provider, hit subscribe, give us a five-star review, screenshot it, and email it to us at freedom at charliekirk.com, freedom at charliekirk.com.
00:30:11.000Thanks so much for listening, everybody.