Today on the Charlie Kirk Show, Kash Patel joins us, then Harmeet Davenport joins us to talk about the latest with Hunter Biden, Joe Biden being under investigation by the DOJ, an indictment might be looming, and so much more.
00:00:41.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:01:04.000And I do have to say, though, there is not consensus amongst our listeners.
00:01:09.000We 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.
00:01:18.000It'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.
00:03:03.000I'll be very honest that I can't even follow all of the wrinkles in this Joe Biden-Hunter Biden story.
00:03:10.000There's new messages coming out saying that he did indeed call him the big man.
00:03:14.000I mean, it is daily at this point, Cash.
00:03:17.000Walk our audience through these recent revelations and the significance.
00:03:22.000Well, 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.
00:03:33.000And 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.
00:03:41.000And everybody, including Twitter and CNN, said that was fake information, disinformation, including 51 former intelligence officials.
00:03:50.000What you now see is what I've always done when I was leading investigations, be it in the House or the Department of Justice.
00:04:00.000So, 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.
00:04:10.000Did he register with the overseas authorities to lobby on their behalf?
00:04:15.000These are the snippets of information that's coming out.
00:04:17.000And 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.
00:04:29.000Yeah, and I, I, some people say, oh, Hunter Biden will never be indicted.
00:04:32.000I 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.
00:04:46.000Do you think it's going to be a serious indictment or a bunch of tax stuff?
00:04:50.000I 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?
00:04:59.000Well, 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.
00:05:08.000And I don't know that this Department of Justice can do that.
00:05:11.000But 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.
00:05:23.000You don't need a lot of witnesses, and the numbers don't lie.
00:05:26.000On 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.
00:05:34.000And that's what determines your sentence.
00:05:36.000Unlike 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.
00:05:49.000And that's what Hunter Biden's looking at, which is why I'm a champion of his tax fraud case.
00:05:55.000I would bring the conspiracy stuff later if it added value.
00:05:58.000Yeah, I mean, and it looks more and more that his father is involved in this, right?
00:06:02.000And 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.
00:06:15.000It was like, wow, thank goodness I have a terrible vice president.
00:06:34.000Well, it's unusual for them to go after a Democratic president's son.
00:06:37.000Obviously, 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.
00:06:46.000Now, 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.
00:06:53.000Oh, 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.
00:07:02.000Those are two felonies you could prove overnight without any witnesses in a court of law.
00:07:07.000So, I think those are the serious investigations that this U.S. attorney is looking at.
00:07:11.000A U.S. attorney, by the way, who I don't know personally, but is a leftover from the Trump administration.
00:07:16.000I'm not sure why Joe Biden and his infinite wisdom didn't replace him.
00:07:20.000I'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.
00:07:30.000You don't have to be savvy to bring a tax case.
00:08:51.000Yeah, so have we seen any evidence of that yet, the turning of one against the other or not yet?
00:08:56.000I 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.
00:09:15.000When 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.
00:09:35.000And 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.
00:09:46.000Kash Patel, you're a great American patriot.
00:09:48.000When you're in town this weekend, please stop by.
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00:11:18.000I will give multiple disclaimers throughout this segment.
00:11:22.000This segment will be talking about topics that I don't think children should be exposed to.
00:11:28.000And 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.
00:11:36.000So we're going to be talking about a topic here in the next five minutes.
00:11:40.000I'm going to give another disclaimer before I actually read a tweet.
00:11:43.000So America leads the world in monkeypox cases.
00:11:47.000And 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.
00:12:11.000And so America has the most monkeypox cases in the world.
00:12:15.000And you might be wondering, how does one get monkeypox?
00:12:20.000Well, monkeypox is transmitted largely through close sexual contact, the trading of bodily fluids, if you will, in primarily the gay community in America.
00:12:37.000Now, 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.
00:14:05.000Okay, so Babe the Pig Boy, who is at Babe RogerXXX on Twitter, said, quote, hi, so I have monkeypox.
00:14:13.000Not 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.
00:16:07.000Look, 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.
00:16:15.000Now, why am I saying this so graphically?
00:16:17.000Because your health officials are tap dancing around who's actually getting monkeypox.
00:16:24.000You don't get monkeypox by going shopping.
00:16:26.000You don't get monkeypox by being around people.
00:16:30.000You'd have to become, as Jerry Seinfeld would be, an orgy guy.
00:16:40.000The recent rulings from the Supreme Court, they didn't happen on their own.
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00:18:06.000The Republican National Committee is a national committee woman.
00:18:08.000And what I'm seeing is very interesting.
00:18:12.000It isn't just Republicans fired up about taking back the House and about 2024.
00:18:19.000There 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.
00:18:30.000And hopefully that will continue to propel us into 2024.
00:18:34.000And 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.
00:18:56.000It cannot be business as usual with the usual suspects doing their usual table banging.
00:19:01.000It has to, we have to really have a revolution here in politics.
00:19:05.000So, Harmeet, there's an interesting theory out there, and we're going to be exploring it over the next couple of weeks.
00:19:09.000And 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.
00:19:17.000There is an argument out there that having a massive Republican majority actually empowers the establishment more than the grassroots.
00:19:26.000For example, if Republicans have a 60 or 70 seat House majority, then the Freedom Caucus or the grassroots don't have as much power.
00:19:35.000I 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.
00:19:43.000I 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.
00:19:51.000Are you seeing us make the proper candidate selections and messaging choices?
00:19:55.000Or do you think there might be too much cockiness and arrogance going into November right now?
00:20:00.000Well, I think everything that you said is something that I agree with, and it is a common thread.
00:20:04.000Unfortunately, we are as a party kind of limited by who chooses to run and then who's a good candidate.
00:20:15.000I 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.
00:20:26.000And 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.
00:20:54.000That's the interesting thing about politicians.
00:20:56.000You 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.
00:21:09.000It is up to us to not just elect these people and let them do whatever they want, but constantly keep up the pressure.
00:21:16.000I'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.
00:21:29.000And 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.
00:22:55.000And also an issue of retaining good talent.
00:22:57.000So to don't really understand the companies that are mandating this.
00:23:00.000But in any event, the federal government tried to step beyond its limited power and require companies to do this.
00:23:06.000And the United States Supreme Court said that is not within the federal government's purview to mandate this for private employers.
00:23:12.000So at the same time, at the federal level, a federal government is an employer itself.
00:23:19.000And the federal government does get to mandate rules for its own workforce.
00:23:24.000And 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.
00:23:35.000And 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.
00:23:43.000That 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.
00:23:58.000And 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.
00:24:08.000So, 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.
00:24:18.000And 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?
00:24:28.000People are getting infected time and time again.
00:24:30.000The government can come in and totally destroy your life.
00:24:33.000I'm going to shift gears here for a second, Hermit, about this Hunter Biden saga and the Department of Justice.
00:24:38.000I mean, you're a very well-respected lawyer.
00:24:40.000What do you suspect or anticipate is going to happen with Hunter and Joe Biden when it comes to all of these pending investigations?
00:24:48.000Well, there's a political aspect to it and there's a legal aspect to it.
00:24:52.000From 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.
00:25:01.000There 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.
00:25:22.000The 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.
00:25:31.000And 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.
00:25:45.000Their quandary is horse number two is Kamala Harris.
00:25:48.000And so that's why I think we're seeing some equivocal action here.
00:25:51.000So 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.
00:26:04.000But they haven't gone full force down that path as yet.
00:26:08.000So I think they're just keeping their options open.
00:26:10.000Yeah, I mean, so you're from California.
00:26:12.000People are saying Gavin Newsom might run for president.
00:26:15.000Do you see any evidence that the kind of California cabal is going to try to sidestep Kamala Harris?
00:26:23.000Well, yes, I think Kamala Harris was not that popular here.
00:26:27.000And, you know, I'm sure Gavin Newsom was thinking about running for president or vice president before.
00:26:33.000And because of her gender and race, she was selected.
00:26:36.000And of course, being governor is a pretty good gig as well.
00:26:39.000Gavin Newsom has been running for president his whole life.
00:26:42.000I think his whole life has been geared towards that.
00:26:45.000And I think that Democrats are very concerned about Kamala Harris being the heir apparent.
00:26:50.000Even during this term, certainly I think her chances of becoming president are virtually nil.
00:26:54.000So 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.
00:27:04.000Yeah, I just, Gavin Newsom, I just can't understand where the popularity at all comes for Gavin Newsom.
00:27:10.000And Kamala Harris is certainly not popular at all.
00:27:13.000The view, we've been in the news a little bit.
00:27:18.000Well, 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.
00:27:28.000And 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.
00:27:39.000Because as you know, Harmeet, these could be very complicated things, and your chance of winning can be low.
00:27:44.000And again, so I mean, I'm not an expert on it.
00:27:46.000I've seen good cases when and not so good cases when.
00:27:50.000And the question is, how do you know what to do?
00:27:58.000Well, so defamation is a complicated subject, and there are a number of elements to it.
00:28:04.000And 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.
00:28:18.000And then she sort of hedged and said, oh, well, they were invited in.
00:28:22.000And then she's kind of come clean and said, actually, nothing I said about that was appropriate.
00:28:30.000It was dictated by the legal department.
00:28:32.000But that's actually, I think, a pretty good victory for Turning Point.
00:28:36.000That they've admitted that what they said was wrong.
00:28:38.000Your general counsel of Veronica wrote an amazing, strongly worded letter right away, and it got them to just come back crawling on their knees.
00:28:46.000That is holding them accountable and taking it to them.
00:28:50.000So 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.
00:29:00.000Yeah, so just out of curiosity, Harmeet, and I think our audience would find this super instructive.
00:29:05.000You know, if someone apologizes or corrects, does that change the facts and circumstances going into a potential lawsuit?
00:29:10.000I'm just curious, how does the court view that?
00:29:13.000Well, so interesting is that there are a number of different factors here.
00:29:16.000So Turning Point USA, if it's considered a public figure, which I believe it would be in these circumstances, there's a heightened standard.
00:29:26.000And 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.
00:29:34.000You also have to prove that they knew it was false at the time they said it.
00:29:38.000So being wrong itself does not get you to a defamation victory.
00:29:42.000But 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.
00:29:55.000And then finally, an important element of winning a defamation case is damages.
00:30:01.000And 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.
00:30:18.000I think that last part, when they've apologized and frankly groveled for forgiveness, that's challenging.
00:30:24.000I think you've actually come out as the winner in this dispute.
00:30:41.000Well, I don't think you can overly protect free speech.
00:30:44.000I think the laws are calibrated to overly protect false and defamatory statements, particularly about public figures.
00:30:52.000And 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.
00:31:02.000And I think it goes a little bit too far.
00:31:04.000However, the only justice that has come out in favor of amending that has been Justice Thomas.
00:31:11.000So I think that there is a balance to be struck.
00:31:13.000And look, I represent a lot of journalists in my law practice and a lot of famous people.
00:31:18.000And 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.
00:31:32.000That's the current state of the law, and we don't have five justices to change.
00:31:36.000So I guess the question, though, is Harmeet, is what about the students, right?
00:31:40.000Because students have to pay damages that pay damage, they have to suffer some of the consequences.
00:31:44.000Or is it just that it's an organization that just kind of all encompasses that?
00:31:47.000Well, this particular set of facts had, I think, some fairly fuzzy pictures there shown on the screen about, you know, any individual.
00:31:55.000So 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?
00:32:06.000And second, can that student prove damages?
00:32:09.000Certainly the students themselves are not public figures, although there's a concept called a limited purpose public figure.
00:32:16.000So 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.
00:32:26.000So these are all like, if it's like a series of check boxes you have to go through.
00:32:31.000And if you check all of those, only then you'd have a valid case.
00:32:34.000But again, damage is the big issue here.
00:32:37.000And if the person has apologized, fake or not, you kind of want.