The Charlie Kirk Show - Hunter Biden: Indicted Soon? In-Depth with Kash Patel

00:00:00.000 Hey, everybody.

00:00:00.000 Today on the Charlie Kirk Show, Kash Patel joins us, then Harmeet Dylan to talk about the latest with the view.

00:00:06.000 Also, Hunter Biden being under investigation by the Department of Justice.

00:00:09.000 Looks like an indictment might be looming and so much more.

00:00:12.000 Email me your thoughts, freedom at charliekirk.com and support the Charlie Kirk Show at charliekirk.com/slash support.

00:00:18.000 Buckle up, everybody.

00:00:19.000 Here we go.

00:00:20.000 Charlie, what you've done is incredible here.

00:00:22.000 Maybe Charlie Kirk is on the college campus.

00:00:24.000 I want you to know we are lucky to have Charlie Kirk.

00:00:27.000 Charlie Kirk's running the White House, folks.

00:00:31.000 I want to thank Charlie.

00:00:32.000 He's an incredible guy.

00:00:33.000 His spirit is love of this country.

00:00:35.000 He's done an amazing job building one of the most powerful youth organizations ever created.

00:00:40.000 Turning point USA.

00:00:41.000 We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.

00:00:50.000 That's why we are here.

00:00:53.000 Brought to you by the Loan Experts I Trust, Andrew and Todd at Sierra Pacific Mortgage at andrewandTodd.com.

00:01:02.000 Getting tons of emails coming in.

00:01:03.000 A lot of good wisdom.

00:01:04.000 And I do have to say, though, there is not consensus amongst our listeners.

00:01:09.000 We have answers all over the map of consider her intentions, Whoopi Goldberg, to forgive her with no question, to don't forgive her at all.

00:01:18.000 It's very interesting, which shows that my lack of clarity on that, which doesn't always happen on issues like this, but I'm just being transparent with you, is shared by many people.

00:01:32.000 Okay, freedom at CharlieKirk.com.

00:01:34.000 We have with us Kash Patel, the wonderful Kash Patel.

00:01:38.000 Many stories.

00:01:38.000 I want to dive into him.

00:01:39.000 I think with him.

00:01:40.000 Cash, you're coming to Arizona soon, aren't you?

00:01:42.000 I'll be there in two days, Charlie.

00:01:44.000 Great to be with you on the air where we're here.

00:01:46.000 And yeah, I'll be on the ground for Carrie and Blake and Abe out there.

00:01:50.000 That's great.

00:01:51.000 Tell us a little bit about that.

00:01:52.000 You're going to be stumping for Kerry Lake, Blake Masters, and I'm going to approach your Abe Hamada, right?

00:01:58.000 Is that right?

00:01:58.000 Hamada?

00:01:59.000 Yeah, Abe.

00:02:00.000 Yeah.

00:02:01.000 So, you know, as you know, you are in the orbit of Donald Trump and know how hard he fights for America first candidates.

00:02:09.000 And he asked Rick and I to be out there for guys like Adam Laxalt.

00:02:14.000 And this week, it's all about Arizona.

00:02:16.000 So we've endorsed Kerry for governor and Blake Masters for Senate.

00:02:21.000 Those two are going to be fantastic representing the state of Arizona.

00:02:24.000 And we need better law enforcement.

00:02:25.000 So we're going with Abe Hamada, who's going to secure the border with those two individuals and make Arizona safe again.

00:02:34.000 So you will be here this weekend.

00:02:35.000 I know you guys are doing a lot of events.

00:02:36.000 I want to get to another story here, Cash.

00:02:38.000 And maybe Cash, if you're in town, please stop by the studio.

00:02:40.000 We'd love to chat with you about this.

00:02:42.000 So this story from thepostmillennial.com.

00:02:44.000 Joe Biden met with at least 14 of Hunter Biden's business partners while vice president under Obama.

00:02:50.000 Now, I'll be honest, Cash, you know, I have a lot of things going on, and I'm reading news seven to eight hours a day.

00:02:56.000 People say, Charlie, what's your show prep?

00:02:57.000 Show prep is life.

00:02:59.000 Okay, everything we're doing is show prep.

00:03:01.000 But I'll be very honest.

00:03:03.000 I'll be very honest that I can't even follow all of the wrinkles in this Joe Biden-Hunter Biden story.

00:03:10.000 There's new messages coming out saying that he did indeed call him the big man.

00:03:14.000 I mean, it is daily at this point, Cash.

00:03:17.000 Walk our audience through these recent revelations and the significance.

00:03:22.000 Well, I think the, you know, as a former federal prosecutor and the Russian gate guy, I think the only place you need to look is the fact that CNN is headlining that Hunter Biden is now under investigation.

00:03:33.000 And if you rewind the clock and you remember, these people are the same ones that said all of this information is coming from one place, Hunter Biden's laptop.

00:03:41.000 And everybody, including Twitter and CNN, said that was fake information, disinformation, including 51 former intelligence officials.

00:03:50.000 What you now see is what I've always done when I was leading investigations, be it in the House or the Department of Justice.

00:03:55.000 They're following the money.

00:03:57.000 Money doesn't lie.

00:03:58.000 Tax evasion schemes don't lie.

00:04:00.000 So, what you are seeing is piecemeal evidence text messages, which sort of color the window framing of this money trail of him getting paid by Burisma, then not declaring in federal taxes.

00:04:10.000 Did he register with the overseas authorities to lobby on their behalf?

00:04:15.000 These are the snippets of information that's coming out.

00:04:17.000 And when it's coming out like this, that to me historically has always meant that there is a pending indictment coming in the near future, and they're just trying to leak favorable information to muddy the waters.

00:04:29.000 Yeah, and I, I, some people say, oh, Hunter Biden will never be indicted.

00:04:32.000 I disagree.

00:04:32.000 I think they're going to use a Hunter Biden indictment to get Joe Biden not to run again in 2024, and maybe Joe Biden will be then able to pardon his son at the end of his term.

00:04:42.000 So, let me ask you the question.

00:04:43.000 Let me ask you the question, Cash.

00:04:46.000 Do you think it's going to be a serious indictment or a bunch of tax stuff?

00:04:50.000 I mean, is it too far to say, and please reel me in because I have a tendency to do this at times, that this is treason?

00:04:59.000 Well, I mean, if it's so, I don't have enough information to say how far connected Joe Biden is, but we have enough information to say that he needs to be investigated.

00:05:08.000 And I don't know that this Department of Justice can do that.

00:05:11.000 But in terms of Hunter Biden, I know tax fraud cases aren't sexy, but from a federal prosecution standpoint, those are the ones that are very easy to make because they are document cases.

00:05:23.000 You don't need a lot of witnesses, and the numbers don't lie.

00:05:26.000 On top of that, the sentencing guidelines when you're convicted of tax fraud are enormous because you're talking about millions and millions of dollars.

00:05:34.000 And that's what determines your sentence.

00:05:36.000 Unlike other crimes, like we see people getting a slap on the wrist or getting launched based on some Mickey Mouse January 6th conviction, the federal sentencing guidelines for fraud are enormous.

00:05:49.000 And that's what Hunter Biden's looking at, which is why I'm a champion of his tax fraud case.

00:05:53.000 That's what I would bring first.

00:05:55.000 I would bring the conspiracy stuff later if it added value.

00:05:58.000 Yeah, I mean, and it looks more and more that his father is involved in this, right?

00:06:02.000 And so I think one of the insurance policy for Joe Biden is that they accidentally realized that the Democrat Party is actually better with Joe Biden than Kamala Harris.

00:06:15.000 It was like, wow, thank goodness I have a terrible vice president. 0.67

00:06:17.000 This actually might save my family.

00:06:20.000 Because if she was even remotely successful, I think this thing would already be wrapped up by now.

00:06:24.000 So, Cash, how bad must the evidence must be or how convincing the evidence must be if they go after a president's son?

00:06:31.000 Because this is unusual, isn't it?

00:06:34.000 Well, it's unusual for them to go after a Democratic president's son.

00:06:37.000 Obviously, they went after our friend Don Jr., the former President Trump son, and they tried to do to him falsely what the reality shows that they should do to Hunter Biden.

00:06:46.000 Now, the thing with, and again, I hate keep going back to the simplicity of it, but numbers are just the best piece of information you could put forth.

00:06:53.000 Oh, you made a million dollars from the Ukrainian government, and then you didn't declare that on your federal taxes, and you didn't register with the Department of Justice to be a foreign agent.

00:07:02.000 Those are two felonies you could prove overnight without any witnesses in a court of law.

00:07:07.000 So, I think those are the serious investigations that this U.S. attorney is looking at.

00:07:11.000 A U.S. attorney, by the way, who I don't know personally, but is a leftover from the Trump administration.

00:07:16.000 I'm not sure why Joe Biden and his infinite wisdom didn't replace him.

00:07:20.000 I'm not saying that means he has the gumption necessary to bring this case, but the fact that they are, the media is attacking this U.S. attorney is not savvy enough to bring this prosecution.

00:07:30.000 You don't have to be savvy to bring a tax case.

00:07:31.000 It's really not complicated.

00:07:32.000 You don't even have to go to law school to do it.

00:07:34.000 Yeah, and so, I mean, how far-reaching could this potentially be?

00:07:38.000 Because there's some overlap here: I mean, you have Durham, who's also doing Jake Sullivan.

00:07:43.000 You have Biden, who I think was aware, by the way, of the Peter Struckstroke smirk, Lisa Page, and all this other stuff.

00:07:48.000 I mean, you could potentially have simultaneous investigations happening against the top levels of the Democrat Party.

00:07:56.000 Well, you do have some already going.

00:07:58.000 And I think, you know, John, we've talked about John Durham a lot in the past.

00:08:02.000 We'll rehash that, but he's got ongoing stuff.

00:08:04.000 And as you've highlighted, this Hunter Biden investigation is very expansive.

00:08:09.000 It involves the current president of the United States.

00:08:12.000 It doesn't get more direct linkage to the Oval Office than that.

00:08:17.000 Who are the other cast of characters that helped them do it?

00:08:17.000 Now, you're right.

00:08:19.000 Because these two guys didn't do it on their own.

00:08:22.000 Who else in the Democratic Party helped them?

00:08:24.000 Did anyone in Hillary World help them?

00:08:26.000 Who else at, you know, Biden Nation in downtown Delaware helped concoct this scheme?

00:08:32.000 And I think a lot of people are going to get thrown up.

00:08:34.000 This is what happens.

00:08:35.000 You know this, Charlie, better than most because you read about it so intensely.

00:08:39.000 Once indictments start coming, people start getting thrown under the bus.

00:08:43.000 Longtime allies and friends suddenly become enemies, and you will quickly learn how expansive this investigation is.

00:08:49.000 That's the first indictment.

00:08:51.000 Yeah, so have we seen any evidence of that yet, the turning of one against the other or not yet?

00:08:56.000 I haven't seen it publicly, which means, which actually makes me happy about it because what I have seen, though, from a former prosecutorial perspective is the snippets of information that are sort of being tailor-made leaked, not about the targets necessarily of the investigation, i.e. Joe Biden and Hunter, but about the substance of it.

00:09:15.000 When you have CNN outlining the documented fraud, what they are trying to do is bury their fake news from two years ago that the laptop was fake, and then they'll go parrot around how they rightfully leaked information about Hunter Biden's incorrect, I would say for now, tax issues.

00:09:35.000 And so I think when you see things like that slowly starting to add up, and when you start seeing other media outlets add to that, that lets you know that this case is probably going somewhere soon.

00:09:46.000 Kash Patel, you're a great American patriot.

00:09:48.000 When you're in town this weekend, please stop by.

00:09:50.000 Keep up the great work.

00:09:51.000 Thank you, Cash.

00:09:52.000 Look forward to seeing you, Charlie.

00:09:53.000 Thank you.

00:09:56.000 One of the best things you can do to improve your health is get at least seven hours of quality sleep every single night.

00:10:02.000 I know it's hard to get that much sleep.

00:10:03.000 Your mind keeps you awake and you can't get comfortable.

00:10:06.000 But you wake up early and you can't fall asleep again.

00:10:09.000 There's hundreds of reasons why you can get seven hours of quality sleep every night.

00:10:13.000 But listen, this is very important.

00:10:14.000 Your body needs to heal itself when you sleep.

00:10:17.000 And you're not getting enough quality sleep.

00:10:18.000 You're increasing your risk of disease and making it harder to lose weight.

00:10:22.000 Would you like to know an easy way to get more quality sleep every night?

00:10:25.000 Well, make sure you're getting enough magnesium.

00:10:27.000 Believe it or not, around 75% of people do not have enough magnesium.

00:10:32.000 I take magnesium every night.

00:10:33.000 And as soon as I did it's a game changer, one of our team members that helped runs our events at Turning Point USA.

00:10:38.000 She was having trouble sleeping.

00:10:39.000 I recommended magnesium to her.

00:10:41.000 Bang.

00:10:42.000 Game changer.

00:10:43.000 There's actually seven different unique forms of magnesium, and you must get all of them if you want to experience its calming sleep-enhancing effects.

00:10:51.000 That's why I recommend magnesium breakthrough by buy optimizers.

00:10:55.000 Simply take two capsules before you go to bed.

00:10:57.000 You'll be amazed by how much better you sleep, how much better rested you feel when you wake up.

00:11:02.000 For an exclusive offer for my listeners, go to magbreakthrough.com slash Kirk to save up to 42%.

00:11:07.000 Again, you can save up to 42% of magnesium breakthrough when you go to magbreakthrough.com slash Kirk, magbreakthrough.com slash Kirk.

00:11:18.000 I will give multiple disclaimers throughout this segment.

00:11:22.000 This segment will be talking about topics that I don't think children should be exposed to.

00:11:28.000 And if you're a parent that wants your child to be exposed to this, then you should send them to public school because they have plenty of these sort of things that they discuss all the time just through a different framing.

00:11:36.000 So we're going to be talking about a topic here in the next five minutes.

00:11:40.000 I'm going to give another disclaimer before I actually read a tweet. 0.85

00:11:43.000 So America leads the world in monkeypox cases.

00:11:47.000 And the fear mongers, the CDC, the FDA, they are getting back into gear to try to justify emergency powers and continue, by the way, the COVID emergency use authorization, which why does that still exist, is just a complete and total mystery to me why the federal government still has emergency use authorization powers.

00:12:11.000 And so America has the most monkeypox cases in the world.

00:12:15.000 And you might be wondering, how does one get monkeypox? 0.93

00:12:20.000 Well, monkeypox is transmitted largely through close sexual contact, the trading of bodily fluids, if you will, in primarily the gay community in America.

00:12:37.000 Now, you can say this, but you might get banned from social media, but just listen to the CDC director, Rochelle Walensky, saying this and listen carefully to what she says. 0.79

00:12:47.000 Play cut 40.

00:12:49.000 We do have seen now two cases that have occurred in children. 0.97

00:12:54.000 Both of those children are traced back to individuals who come from the men who have sex with men community, the gay men community.

00:13:03.000 And so when we have seen those cases in children, they have generally been what I call adjacent to the community most at risk.

00:13:10.000 Wait, how did children get it exactly?

00:13:13.000 You mean that they were raped? 0.79

00:13:16.000 That deserves an explanation. 0.99

00:13:17.000 How on earth did kids get monkeypox?

00:13:19.000 You don't get it by swimming in the pool. 0.91

00:13:22.000 Who raped the children exactly?

00:13:25.000 Rochelle Walensky?

00:13:27.000 Now, I want to put all of you at ease.

00:13:29.000 You might be saying, man, I might be getting monkeypox. 1.00

00:13:33.000 It's not just that monkeypox is being spread through gay sex. 1.00

00:13:39.000 It's being spread through mass orgies. 1.00

00:13:44.000 So there is this tweet that came out from this gay porn star called Babe the Pig Boy. 0.99

00:13:53.000 Now, let me just be very clear. 0.99

00:13:54.000 If this stuff freaks you out, then I'm just giving you the disclaimer, okay?

00:13:58.000 But your federal government is trying to create a national emergency around this.

00:14:03.000 Who's getting monkeypox?

00:14:05.000 Okay, so Babe the Pig Boy, who is at Babe RogerXXX on Twitter, said, quote, hi, so I have monkeypox.

00:14:13.000 Not fishing for any sort of sympathy, but since I'm already known for pretty unabashed, for being pretty unabashed on the internet, I'd figure I'd give an honest account of how I got it and how my symptoms manifested to hopefully educate anyone curious.

00:14:24.000 So strap in.

00:14:25.000 So finally, I got back into the swing of things and attended a friend's birthday orgy Saturday the 9th.

00:14:31.000 I've been watching the news on monkeypox, but the general feelings on it really were and still are developing by the day.

00:14:37.000 So I know no one else were especially worried. 0.85

00:14:39.000 So I attended the orgy, had a great time.

00:14:42.000 I'm not even going to say this next line. 0.99

00:14:44.000 I had sexual contact with around 15 men, similar to the orgy on Saturday. 0.94

00:14:48.000 Had a great time, met some great people, and then stumbled home drunk. 0.98

00:14:53.000 My two cents. 0.99

00:14:54.000 It's reductive to tell gay people not to have sex.

00:14:56.000 It didn't work in the early days of AIDS, and clearly it's not working now.

00:15:00.000 But do your best to make educated choices. 0.99

00:15:01.000 Check your county case numbers frequently, and if you can, avoid groups and anon encounters.

00:15:07.000 That's what your federal government is sprinting to try to prevent with 15 sexual partners in one night. 0.98

00:15:17.000 It reminds me of a Seinfeld clip around the implications of deciding to go into orgy culture. 0.85

00:15:24.000 Play cut 76.

00:15:27.000 What are you talking about?

00:15:28.000 I'm not going to do it.

00:15:30.000 You're not going to do it.

00:15:31.000 What do you mean you're not going to do it?

00:15:32.000 I can't.

00:15:33.000 I'm not an orgy guy. 0.99

00:15:36.000 Are you crazy? 0.99

00:15:38.000 This is like discovering plutonium by accident. 1.00

00:15:45.000 Don't you know what it means to become an orgy guy? 1.00

00:15:47.000 It changes everything. 1.00

00:15:48.000 I'd have to dress different.

00:15:49.000 I have to act different.

00:15:50.000 I'd have to grow a mustache and get all kinds of robes and lotions.

00:15:55.000 I'd need a new bed script, new curtains.

00:15:57.000 I'd have to get thick carpeting and weirdo lighting.

00:16:00.000 Because I'd have to get new friends. 0.97

00:16:01.000 I'd have to get orgy friends. 0.82

00:16:04.000 No, I'm not ready for it. 0.96

00:16:06.000 Not ready for it. 0.96

00:16:07.000 Look, everybody, unless you're going to orgies on the weekend having sex with 15-plus partners, I don't think you have to worry about monkeypox. 0.68

00:16:15.000 Now, why am I saying this so graphically? 0.89

00:16:17.000 Because your health officials are tap dancing around who's actually getting monkeypox.

00:16:24.000 You don't get monkeypox by going shopping.

00:16:26.000 You don't get monkeypox by being around people. 0.95

00:16:30.000 You'd have to become, as Jerry Seinfeld would be, an orgy guy. 0.99

00:16:34.000 Please resist the fear porn. 0.98

00:16:39.000 Hey, everybody, Charlie Kirk here.

00:16:40.000 The recent rulings from the Supreme Court, they didn't happen on their own.

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00:17:40.000 With us right now is Harmeet Dillon, constitutional lawyer and all-around fabulous American patriot.

00:17:47.000 Harmeet, I want to ask you a political question first.

00:17:50.000 You're doing a lot of traveling and speaking.

00:17:52.000 What are you seeing on the grassroots heading into the midterms?

00:17:55.000 I know you're a committee men, committee woman, I guess that's the right way to say it, with the RNC.

00:18:00.000 What are you seeing politically right now in the country that's happening?

00:18:03.000 Well, thank you, Charlie.

00:18:04.000 Yes, I represent California.

00:18:06.000 The Republican National Committee is a national committee woman.

00:18:08.000 And what I'm seeing is very interesting.

00:18:12.000 It isn't just Republicans fired up about taking back the House and about 2024.

00:18:19.000 There are so many Americans across the political spectrum that are disgusted and disenfranchised that I think we are going to see some historic, like 40-year opportunities to pick up seats here.

00:18:30.000 And hopefully that will continue to propel us into 2024.

00:18:34.000 And it is so critical with what is happening between the economic devastation, but also culturally what's happening in our schools, what's happening in our culture and our workplaces, and with the continuing devastation and civil rights violations of the COVID lockdowns, that I think that it is political malpractice if Republicans don't think carefully and seeds today.

00:18:56.000 It cannot be business as usual with the usual suspects doing their usual table banging.

00:19:01.000 It has to, we have to really have a revolution here in politics.

00:19:05.000 So, Harmeet, there's an interesting theory out there, and we're going to be exploring it over the next couple of weeks.

00:19:09.000 And I know that you probably have to just kind of be very careful when you answer this, but I do want to just riff on this and you could take it whatever you want.

00:19:17.000 There is an argument out there that having a massive Republican majority actually empowers the establishment more than the grassroots.

00:19:26.000 For example, if Republicans have a 60 or 70 seat House majority, then the Freedom Caucus or the grassroots don't have as much power.

00:19:35.000 I do think, though, the counter argument to that is having a massive majority will then make sure we have a majority for a longer period of time.

00:19:41.000 It's harder to chip away at that.

00:19:43.000 I am fearful, though, Harmit, with those two things aside, that Republicans might be messing up what could be and should be a massive red wave.

00:19:51.000 Are you seeing us make the proper candidate selections and messaging choices?

00:19:55.000 Or do you think there might be too much cockiness and arrogance going into November right now?

00:20:00.000 Well, I think everything that you said is something that I agree with, and it is a common thread.

00:20:04.000 Unfortunately, we are as a party kind of limited by who chooses to run and then who's a good candidate.

00:20:15.000 I certainly have supported, I'm sure you have as well, Charlie, lots of candidates who check all the boxes for me of what I'd like to see in an America first candidate.

00:20:26.000 And then they falter, they have stuff in their background, or the establishment spends a ton of money to elect the wrong person in the primary.

00:20:34.000 And then we're stuck with that.

00:20:35.000 Look, as a loyal Republican, I'm still going to support that Republican.

00:20:39.000 And as somebody with an R behind their name is always better than the D, but sometimes I have to hold my nose and do that.

00:20:44.000 I had to hold my nose and do that with presidential candidates time after time before President Trump came along.

00:20:50.000 And so that's the problem.

00:20:52.000 But nothing is set in stone.

00:20:54.000 That's the interesting thing about politicians.

00:20:56.000 You can elect some squish to Congress, but if the writing is on the wall after they get really addicted to the power, and most of them do, that if they want to keep that seat, they better toe the line of what the voters want.

00:21:09.000 It is up to us to not just elect these people and let them do whatever they want, but constantly keep up the pressure.

00:21:15.000 And I have seen that succeed.

00:21:16.000 I've seen some Congress people in California who are pretty much phoning it in suddenly snap to and say the things that I'd like to hear them say because they realize that the tide is turning.

00:21:27.000 That's our job as activists.

00:21:29.000 And I think that's our job as a Republican national committee to make sure that people stay on track and advance the agenda that brought us to where we are today.

00:21:38.000 And hold them accountable.

00:21:39.000 And you're on the conservative side of the RNC.

00:21:41.000 I just wanted to be clear with that because our audience doesn't think very highly of many parts of the world.

00:21:45.000 I understand.

00:21:46.000 Just want to make, I'm defending you while saying that.

00:21:49.000 So you were instrumental in the vaccine mandate fight, Harmit, early on.

00:21:53.000 This is something we cover on this show every so often.

00:21:57.000 Is there still a federal vaccine mandate?

00:21:59.000 Are we still kicking people out of the armed forces?

00:22:01.000 It sure seems that way.

00:22:03.000 And what is the future of the legal claims against it?

00:22:08.000 Because when you have infections after three, four booster shots, is it really doing what they said a vaccine would do?

00:22:15.000 And not to mention there's questionable efficacy.

00:22:18.000 In fact, some people would say negative efficacy.

00:22:21.000 So I suppose the question is, what is the status of the federal vaccine mandate and the legal challenges against it?

00:22:29.000 Well, that's such a complicated question, Charlie.

00:22:31.000 I'll try to do my best here.

00:22:33.000 So the litigation that you referenced that was victorious at the United States Supreme Court was on behalf of the Daily Wire.

00:22:39.000 The Daily Wire, as a private employer with more than 100 employees, did not wish to require the vaccination of its employees.

00:22:45.000 And I only have about 30 employees at my law firm. 0.86

00:22:48.000 We have the same rule here.

00:22:49.000 We don't require people to take drugs that they don't want to put in their bodies.

00:22:52.000 That's just a civil rights issue for me.

00:22:54.000 Yes, it is.

00:22:55.000 And also an issue of retaining good talent.

00:22:57.000 So to don't really understand the companies that are mandating this.

00:23:00.000 But in any event, the federal government tried to step beyond its limited power and require companies to do this.

00:23:06.000 And the United States Supreme Court said that is not within the federal government's purview to mandate this for private employers.

00:23:12.000 So at the same time, at the federal level, a federal government is an employer itself.

00:23:19.000 And the federal government does get to mandate rules for its own workforce.

00:23:24.000 And an interesting fact that many Americans don't know is that at the federal level, the EEOC has long held that it is legal for the employer itself to require vaccination.

00:23:34.000 I don't agree with this.

00:23:35.000 And a Republican, next Republican president needs to change that at the EEOC, because from that has flown all of these other things, like the federal government mandating it.

00:23:43.000 That said, a court yesterday did issue a ruling enjoining and expanding an injunction against the Air Force from mandating vaccination for any member who had asserted a religious exemption.

00:23:58.000 And so, even in the federal government, the federal government must respect religious and medical exemptions and go through a process that's required by employment law to do that.

00:24:08.000 So, short answer: it is still okay at a high level for the federal government to mandate it for federal employees, but they must respect exceptions that are written into the law.

00:24:18.000 And this is what really frustrates me about Republicans, right, Hermit, is how did they not fight harder against these amazing people that are being discharged from the military?

00:24:25.000 The vaccine isn't working.

00:24:26.000 It's very clear.

00:24:28.000 It's just not.

00:24:28.000 People are getting infected time and time again.

00:24:30.000 The government can come in and totally destroy your life.

00:24:33.000 I'm going to shift gears here for a second, Hermit, about this Hunter Biden saga and the Department of Justice.

00:24:38.000 I mean, you're a very well-respected lawyer.

00:24:40.000 What do you suspect or anticipate is going to happen with Hunter and Joe Biden when it comes to all of these pending investigations?

00:24:48.000 Well, there's a political aspect to it and there's a legal aspect to it.

00:24:52.000 From the legal aspect, it seems incredibly clear to me just from evidence that's leaked out without any kind of investigatory report that there are violations of the law here.

00:25:01.000 There are violations of our federal laws regarding foreign corrupt practices, registration as a lobbyist, and financial transactions that may have been unreported to the federal government, and et cetera.

00:25:12.000 There are tons of violations.

00:25:13.000 Hunter Biden has been prosecuted to date.

00:25:16.000 Why are we hearing talk about Hunter Biden being under investigation and prosecuted?

00:25:20.000 That's a political question.

00:25:22.000 The political question there suggests to me that Democrats are very scared about 2024, even of course in the midterms, which now it's a little late for them to do anything about.

00:25:31.000 And I think they're in a damage control mode, and that's why we're hearing noises out there about this, because I think that if Democratic kingmakers, puppeteers here, would like there to be an option to change horses in the White House.

00:25:45.000 Their quandary is horse number two is Kamala Harris.

00:25:48.000 And so that's why I think we're seeing some equivocal action here.

00:25:51.000 So if you were to get rid of, from a political perspective, the president, the best way to do that would be to, I think, pursue these Hunter Biden allegations, which do implicate President Biden, just from what we know publicly.

00:26:04.000 But they haven't gone full force down that path as yet.

00:26:08.000 So I think they're just keeping their options open.

00:26:10.000 Yeah, I mean, so you're from California.

00:26:12.000 People are saying Gavin Newsom might run for president.

00:26:15.000 Do you see any evidence that the kind of California cabal is going to try to sidestep Kamala Harris?

00:26:22.000 How would that work?

00:26:23.000 Well, yes, I think Kamala Harris was not that popular here.

00:26:27.000 And, you know, I'm sure Gavin Newsom was thinking about running for president or vice president before.

00:26:33.000 And because of her gender and race, she was selected.

00:26:36.000 And of course, being governor is a pretty good gig as well.

00:26:39.000 Gavin Newsom has been running for president his whole life.

00:26:42.000 I think his whole life has been geared towards that.

00:26:45.000 And I think that Democrats are very concerned about Kamala Harris being the heir apparent.

00:26:50.000 Even during this term, certainly I think her chances of becoming president are virtually nil.

00:26:54.000 So yes, I do think that the golden boy from California is doing all the things that would suggest that he very much intends to run for president in 2024.

00:27:04.000 Yeah, I just, Gavin Newsom, I just can't understand where the popularity at all comes for Gavin Newsom.

00:27:10.000 And Kamala Harris is certainly not popular at all.

00:27:13.000 The view, we've been in the news a little bit.

00:27:15.000 What's your take on that entire saga? 0.99

00:27:18.000 Well, you know, coming from Whoopi Goldberg, who thinks that Jill Biden is quote unquote a great doctor and would be a great surgeon general, that's the baseline of stupidity that you see from that show. 0.87

00:27:28.000 And from that, however, you saw a number of really defamatory statements being made about your organization, Turning Point USA, and the young people who supported. 0.63

00:27:39.000 Because as you know, Harmeet, these could be very complicated things, and your chance of winning can be low.

00:27:44.000 And again, so I mean, I'm not an expert on it.

00:27:46.000 I've seen good cases when and not so good cases when.

00:27:50.000 And the question is, how do you know what to do?

00:27:52.000 But it's wrong what they've done.

00:27:53.000 We're not going to let this one go.

00:27:54.000 Harmeet, the floor is yours.

00:27:56.000 What are your thoughts?

00:27:58.000 Well, so defamation is a complicated subject, and there are a number of elements to it.

00:28:04.000 And I think that the remarks that were made by mainly Whoopi Goldberg on the earlier episode, I think it was the Monday of the week, that talked about how the protesters were, you know, part of your group.

00:28:18.000 And then she sort of hedged and said, oh, well, they were invited in.

00:28:22.000 And then she's kind of come clean and said, actually, nothing I said about that was appropriate.

00:28:27.000 A totally insincere apology.

00:28:27.000 My bad.

00:28:30.000 It was dictated by the legal department.

00:28:32.000 But that's actually, I think, a pretty good victory for Turning Point.

00:28:36.000 That they've admitted that what they said was wrong.

00:28:38.000 Your general counsel of Veronica wrote an amazing, strongly worded letter right away, and it got them to just come back crawling on their knees.

00:28:46.000 That is holding them accountable and taking it to them.

00:28:50.000 So kudos to Turning Point for standing up for those kids, standing up for the organization, and not allowing these people to get away with false statements of material fact about your organization.

00:29:00.000 Yeah, so just out of curiosity, Harmeet, and I think our audience would find this super instructive.

00:29:05.000 You know, if someone apologizes or corrects, does that change the facts and circumstances going into a potential lawsuit?

00:29:10.000 I'm just curious, how does the court view that?

00:29:13.000 Well, so interesting is that there are a number of different factors here.

00:29:16.000 So Turning Point USA, if it's considered a public figure, which I believe it would be in these circumstances, there's a heightened standard.

00:29:24.000 It's called actual malice standard. 0.95

00:29:26.000 And so if somebody says something stupid and wrong about a public figure, that isn't necessarily automatically going to get you to a defamation victory. 0.97

00:29:34.000 You also have to prove that they knew it was false at the time they said it. 0.97

00:29:38.000 So being wrong itself does not get you to a defamation victory.

00:29:42.000 But on top of that, many states have laws that say that if a media entity gets a demand for a retraction and it responds to it within 10 days, that is sort of a defense to a defamation claim, certainly any special damages.

00:29:55.000 And then finally, an important element of winning a defamation case is damages.

00:30:01.000 And then you also have to prove that the statement was about a particular individual or particular organization that they knew it was false at the time they said it and that you, Turning Point USA, were actually harmed by it or any individual kid, you know, young supporter of yours outside was actually harmed by that.

00:30:18.000 I think that last part, when they've apologized and frankly groveled for forgiveness, that's challenging.

00:30:24.000 I think you've actually come out as the winner in this dispute.

00:30:27.000 Yeah, no, I agree.

00:30:28.000 And that's the thing that a lot we're grappling with with our audience, right?

00:30:32.000 Which is, and this is important, right, Harmeet, is that our laws are calibrated to overly protect free speech.

00:30:40.000 Is that fair to say?

00:30:41.000 Well, I don't think you can overly protect free speech.

00:30:44.000 I think the laws are calibrated to overly protect false and defamatory statements, particularly about public figures.

00:30:52.000 And so the New York Times versus Sullivan standard, which is the one that I just alluded to with respect to public figures and malice, is a judicially created doctrine.

00:31:02.000 And I think it goes a little bit too far.

00:31:04.000 However, the only justice that has come out in favor of amending that has been Justice Thomas.

00:31:11.000 So I think that there is a balance to be struck.

00:31:13.000 And look, I represent a lot of journalists in my law practice and a lot of famous people.

00:31:18.000 And I think that more or less the standard is correct, except if you are a famous person, a politician, a turning point USA, it is basically easier for people to say false things about you, harder for you to recover.

00:31:32.000 That's the current state of the law, and we don't have five justices to change.

00:31:36.000 So I guess the question, though, is Harmeet, is what about the students, right?

00:31:40.000 Because students have to pay damages that pay damage, they have to suffer some of the consequences.

00:31:44.000 Or is it just that it's an organization that just kind of all encompasses that?

00:31:47.000 Well, this particular set of facts had, I think, some fairly fuzzy pictures there shown on the screen about, you know, any individual.

00:31:55.000 So the question would be: if there were a lawsuit, can any specific student there be identified as being understood to be the target of the comments, first of all?

00:32:06.000 And second, can that student prove damages?

00:32:09.000 Certainly the students themselves are not public figures, although there's a concept called a limited purpose public figure.

00:32:16.000 So if someone were to be identified there, let's say they're an officer of Turning Point, they might be considered a limited purpose public figure because of the national nature of this controversy.

00:32:26.000 So these are all like, if it's like a series of check boxes you have to go through.

00:32:31.000 And if you check all of those, only then you'd have a valid case.

00:32:34.000 But again, damage is the big issue here.

00:32:37.000 And if the person has apologized, fake or not, you kind of want.

00:32:42.000 It's hard to disagree.

00:32:43.000 There are many different layers of legal implications here, which I've said the whole time.

00:32:48.000 These are very complicated things, regardless of how wrong they might be.

00:32:51.000 Harmeet, phenomenal job.

00:32:52.000 Thank you so much.

00:32:53.000 My pleasure.

00:32:57.000 Thank you so much for listening, everybody.

00:32:58.000 Email me your thoughts as always, freedom at charliekirk.com.

00:33:01.000 Thank you so much for listening.

00:33:02.000 God bless.

00:33:06.000 For more on many of these stories and news you can trust, go to CharlieKirk dot com.

The Charlie Kirk Show - July 29, 2022

Hunter Biden: Indicted Soon? In-Depth with Kash Patel

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