The Charlie Kirk Show - Left-Wing Judges: The Gangsters in Black with Ken Paxton and Stephen Miller

00:00:00.000 Hey everybody, Tan the Charlie Kirk Show.

00:00:01.000 Ken Paxton, recently acquitted in Texas, is telling us about what he plans to do to get to work.

00:00:07.000 Then Stephen Miller, as we have a very in-depth, extremely detailed and important conversation about immigration.

00:00:16.000 Email us as always, freedom at charliekirk.com.

00:00:19.000 That is freedom at charliekirk.com.

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00:00:31.000 That is tpusa.com.

00:00:34.000 Buckle up, everybody.

00:00:35.000 Here we go.

00:00:36.000 Charlie, what you've done is incredible here.

00:00:38.000 Maybe Charlie Kirk is on the college campus.

00:00:40.000 I want you to know we are lucky to have Charlie Kirk.

00:00:44.000 Charlie Kirk's running the White House, folks.

00:00:47.000 I want to thank Charlie.

00:00:48.000 He's an incredible guy.

00:00:49.000 His spirit, his love of this country.

00:00:51.000 He's done an amazing job building one of the most powerful youth organizations ever created, Turning Point USA.

00:00:57.000 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.

00:01:06.000 That's why we are here.

00:01:10.000 Brought to you by the Loan Experts I Trust, Andrew and Todd at Sierra Pacific Mortgage at andrewandTodd.com.

00:01:18.000 He's back to work and he's more motivated than ever.

00:01:22.000 Joining us now is the Attorney General of Texas, Ken Paxton.

00:01:27.000 Ken, welcome to the program.

00:01:28.000 Been a couple months since we have chatted.

00:01:31.000 We tried to do our part. 0.95

00:01:33.000 I'm glad that you got through that clown show and that nonsense.

00:01:36.000 First of all, how are you doing? 0.94

00:01:38.000 You know what?

00:01:38.000 It's just really great to be back.

00:01:40.000 I appreciate your help.

00:01:41.000 And we have a lot to do.

00:01:43.000 And believe me, you're right.

00:01:44.000 I'm very motivated.

00:01:46.000 Well, good.

00:01:46.000 And we're going to go through some of the specifics because what happened is that you were put on the sidelines for what, three, four months.

00:01:52.000 You weren't even allowed to do your job because you had to fight all this crap.

00:01:56.000 I want to go through some of the specifics, though, for our national audience. 0.97

00:01:59.000 Texas is being invaded.

00:02:01.000 Texas is seeing a crime wave in certain parts of the area.

00:02:04.000 We have major issues.

00:02:05.000 We have these illegal cities that you're going to go after.

00:02:09.000 But why is it that the insiders in Austin felt the need to go out of their way to try to derail you?

00:02:16.000 What was really driving this?

00:02:17.000 It's perplexing as a non-Texan to witness.

00:02:21.000 It doesn't look like it makes any sense, but it really makes a lot of sense.

00:02:24.000 If you understand how the Texas House works, then you understand why this happened.

00:02:29.000 We have 150 members of the House, 65 are Democrats.

00:02:32.000 The 65 Democrats block vote for Speaker, and it takes 76 votes to become Speaker.

00:02:39.000 The Speaker controls everything.

00:02:40.000 All the legislation getting through, committee assignments.

00:02:44.000 What happens is completely controlled by that one person.

00:02:47.000 And so what happens is the Democrats will pick the Republican that gives them the most for their money.

00:02:52.000 And they pick Dade Phelan.

00:02:54.000 And Dave Phelan got a deal with the Democrats.

00:02:57.000 And the Democrats, House Democrats, I believe, did this for Joe Biden and the Washington Democrats to take me out because we filed 48 lawsuits against him.

00:03:06.000 And so it looks like the Republicans did it.

00:03:09.000 The reality is the Democrats motivated it.

00:03:11.000 Dave Phelan is controlled by the Democrats.

00:03:14.000 Yeah.

00:03:15.000 And so, I mean, I was in Texas a couple weeks ago while this whole thing was unfolding.

00:03:19.000 And someone came up to me.

00:03:20.000 They said, hey, Charlie, you know the Speaker of the House is like a really, he's a drunk.

00:03:22.000 I was like, oh, come on.

00:03:23.000 Like, that's.

00:03:24.000 But then there's this piece of tape I saw that I just, I have to play.

00:03:27.000 Play cut 124.

00:03:28.000 You guys be the judge.

00:03:29.000 Is Dade Phelan a low-functioning alcoholic?

00:03:33.000 Play cut 124.

00:03:35.000 Speaker, I'll move adoption.

00:03:38.000 Mr. Campbell, send an amendment.

00:03:40.000 The amendment is acceptable to the author.

00:03:42.000 Is there objection to the opposite amendment?

00:03:44.000 And the chair has done the amendment.

00:03:46.000 Members adopt it.

00:03:52.000 The chair recognizes Mr. Johnson of Harris.

00:03:57.000 Mr. Johnson of Harris to speak in opposition to the bill.

00:04:04.000 So, so Ken, I have to play that because that's the guy who made you go through hell.

00:04:07.000 That's the guy who impeached you.

00:04:09.000 I mean, so just to go, you could comment on that if you want, but I have to do that because it's just hilarious.

00:04:14.000 So, this guy's obviously either on pills, drunk, or having a stroke, which I don't think he was.

00:04:18.000 But then he sided with Democrats.

00:04:20.000 Why is the great state of Texas, the red state of Texas, having Democrats choose a speaker of the House?

00:04:25.000 Who designed that system?

00:04:27.000 So, it's we're getting outsmarted in the House.

00:04:30.000 The Republicans should block vote themselves and decide which Republican they want, but that's not the way it works.

00:04:35.000 The Democrats get together, they align all of their votes.

00:04:40.000 And if you think about it, you need 76 votes.

00:04:42.000 The Speaker's going to vote for himself.

00:04:44.000 He only needs 10 Republican votes with the Democrats.

00:04:47.000 And so, it's pretty easy once you have 66 votes to get there because then he tells 10 Republicans, hey, I'll make you chair of this, I'll make you chair of this, and it's a done deal. 0.82

00:04:57.000 So, it's control, it's stupid, but we've let the Democrats do this for over a decade where they control.

00:05:03.000 And you can see the difference between the Texas Senate and Texas House. 0.98

00:05:06.000 With Dan Patrick in charge, the Texas Senate is very conservative, does really good things for Texas.

00:05:11.000 The Texas House, on the other hand, has Democratic chairs.

00:05:14.000 They don't get a lot of good things done for the state of Texas.

00:05:17.000 They block a lot of good legislation, both by Governor Abbott, who's trying to get school choice done, and they've been blocking many things done by the Senate that Governor Patrick's tried to get done.

00:05:26.000 So, Ken, just one final thought on this, and I want to get to the work that you're doing because that's the most important thing.

00:05:30.000 Can you just add more?

00:05:31.000 You said this with Tucker Carlson, but it's worth repeating: how this was really a Bush family-driven operation and how the people spoke and they were able to push back against it.

00:05:40.000 Add a little bit more to that, more context, please.

00:05:43.000 So, we in this process, we were getting information.

00:05:46.000 We they finally had to disclose emails, and there was there were definitely connections between Karl Rove, George P. Bush, obviously, pushed by Karl Rove in the last election against me, and a group called Texans for Lawsuit Reform, which is supposedly a Republican group, but they've aligned in the Bush camp.

00:06:04.000 And that's two guys named Dick Victor Bolshe and Dick Weakley, who have spent millions of dollars to take people like me out.

00:06:11.000 Carl Rose participated in this, and George P. was supposed to be their guy.

00:06:16.000 And it's interesting because he went to get his license literally the day that these guys turned me over for supposedly violating the law to the FBI, who I was investigating, by the way, for breaking the law.

00:06:26.000 And there's no doubt that there's a connection between the ex-employees who also got emails and text messages from Carl Rove, Carl Rove, Texans for Lawsuit Reform, the Bushes.

00:06:36.000 They're all aligned.

00:06:38.000 So, Ken, let's now get to the work that you're doing.

00:06:40.000 What are the top priorities?

00:06:41.000 What are the lawsuits you're filing and the things that you want to bring to completion?

00:06:45.000 Well, everybody can see what's going on in the border.

00:06:47.000 It's not gotten any better since I left.

00:06:49.000 Unfortunately, you know, with the four months out, we were stopped in our progress, but we are looking at many things along the border to try to fight back the Biden administration's unlawful activity.

00:07:00.000 We're also going down to look at Liberty County, which is where this village or city has been set up that's been growing like crazy.

00:07:08.000 And there's all kinds of crime there, there's all kinds of difficulties there.

00:07:11.000 We're going to try to figure out how we can stop that.

00:07:13.000 Obviously, I've only been back for a week, so I've got a lot of catching up to do.

00:07:18.000 I can promise you this: whatever we can do in those situations, we are going to do.

00:07:22.000 And we're going to continue our investigation of big pharma.

00:07:24.000 We had an investigation of some of the vaccine manufacturers potentially lying to Texas consumers and to the world about the efficacy of their vaccine.

00:07:33.000 So, we've got a lot to do along with finishing our lawsuits against big tech.

00:07:38.000 And look, this is Ken, can you just remind our audience the size of your office?

00:07:43.000 It is the largest AG's office in the country, isn't it?

00:07:46.000 It is the largest Republican office.

00:07:48.000 I think New York and New Jersey and California may have larger Democratic offices.

00:07:52.000 It is the largest Republican office.

00:07:54.000 We have about 4,200 employees.

00:07:55.000 We have close to 800 lawyers.

00:07:57.000 Our budget's about 1.8 billion for the biennium.

00:08:00.000 And so we do a lot of things that a lot of people don't know about.

00:08:03.000 And we're very active in really trying to defend Texas and defend the Constitution.

00:08:08.000 Yeah.

00:08:08.000 And with that sort of enormity, you can now defend the rule of law.

00:08:13.000 And like, talk about this, though.

00:08:14.000 This is what I'm a little confused about.

00:08:16.000 There's this local DA AG office tension where you can't bring criminal cases.

00:08:22.000 Can you just talk about that a little bit?

00:08:24.000 Because it's confusing to some people in our audience.

00:08:26.000 Well, and I'm glad you brought that up because this is the riskiest thing going on for Texas for since 1951.

00:08:34.000 The Attorney General's office, I'm not that old, so I wasn't around then.

00:08:38.000 But we've been authorized or directed by the legislature to prosecute voter fraud.

00:08:43.000 Well, we have a dual court system.

00:08:45.000 We have the Court of Criminal Appeals that is the final say on criminal matters, and we have the Texas Prime Court that is the final say on civil matters.

00:08:51.000 The Court of Criminal Appeals is Republican, but largely unknown.

00:08:56.000 And I'm very suspicious of them now.

00:08:58.000 And I think we need to change that court because they struck down the only statute that allowed me to prosecute any type of criminal activity, which was voter fraud, which we were doing.

00:09:07.000 We had over 900 cases of real voter fraud that we were investigating or prosecuting.

00:09:12.000 Now all of that is stopped and it's up to the local DAs, who again are largely Soros funded in the bigger cities.

00:09:19.000 And so voter fraud now is not being prosecuted.

00:09:21.000 That is a huge risk to my state in the future.

00:09:24.000 And we will lose the state if we don't stop voter fraud.

00:09:27.000 Are you then able to do the investigation and hand it off to a local sheriff or DA?

00:09:34.000 Are you able to do the legwork and say, hey, you know, we believe there's a crime here and then work in harmony?

00:09:39.000 Because that's similar to what a lot of the Democrat states are doing, New York being one of them.

00:09:45.000 We're trying, but a lot of these DAs won't prosecute it.

00:09:48.000 So we used to have the authority both to investigate and to prosecute.

00:09:52.000 And by the way, they struck down the law saying that because I was in the executive branch, the Attorney General is an executive, that I didn't have the authority to go to court because that is a judicial function.

00:10:03.000 Now, that is insane.

00:10:04.000 And if that's true, then every state attorney general is doing something illegal under their Constitution as well as the U.S. Attorney General.

00:10:12.000 I hope everyone understands that.

00:10:13.000 They basically turned the AG's office into a civil lawsuit organization.

00:10:17.000 You could still sue civilly.

00:10:19.000 You can protect the people of Texas, but to actually investigate crime, they've neutered you.

00:10:24.000 I want to explore that more because it's very unusual and it actually puts you at a disadvantage versus other AGs in other states that have that kind of criminal investigative authority.

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00:12:22.000 Let's just play cut 126 just to show this illegal invasion of Texas.

00:12:27.000 Play cut 126.

00:12:28.000 In Eagle Pass, Texas, where just moments ago, customs and border protection cut a hole through the Consentina wire that has been stretched by Texas DPS along the border there to allow migrants to come through.

00:12:41.000 It was initially a group of about 60 to 70 people.

00:12:44.000 It swelled to some 300 very, very quickly.

00:12:48.000 Okay, so Ken, let's just get into some detail here.

00:12:51.000 You have the largest Republican AG's office.

00:12:54.000 It's complicated because you don't have all the investigative powers of other states.

00:12:59.000 But just to kind of go back through this, what specifically are you now going to do with the authority granted to stop the invasion of the great state of Texas?

00:13:09.000 So I just, that clip, I is shocking to me that the federal government would clip our wire to allow people to come in illegally.

00:13:19.000 In other words, not only are they doing their own thing, but they're actually stopping us from protecting our border and our lands in Texas.

00:13:28.000 We're looking at every available angle.

00:13:30.000 We've got about two or three lawsuits that we're looking at, and specifically one related to them damaging our property and forbidding us from keeping illegals from coming into the country.

00:13:39.000 So I can guarantee you we've got more lawsuits coming as it relates to immigration, and we're going to do everything we can to stop this.

00:13:46.000 Yeah.

00:13:46.000 And so let's, this is, I'm able to, I'm a talk show guy and you're a lawyer, so you have to be more focused or very careful when he says, I think this is treason.

00:13:55.000 I mean, the federal government is actively co-sponsoring the entrance of non-citizens into the country, and it's not getting any better. 0.99

00:14:03.000 And so, Ken, is there any precedent where the federal government willingly doesn't do its job and it damages a sovereign state?

00:14:10.000 And if so, how can you deal with that?

00:14:13.000 Because your duty is to Texas.

00:14:15.000 They are just saying we don't care about Texas.

00:14:18.000 We don't care about all the damage that's being done.

00:14:20.000 I've never seen LinkedIn.

00:14:22.000 I've never seen the federal government, our country, affirmatively help basically the cartels because that's the business model, right?

00:14:30.000 The cartels bring people to the federal government.

00:14:33.000 The federal government transports them and they also aid and abet their drug trafficking, fentanyl trafficking.

00:14:39.000 I've never seen them actually damage our property to allow illegals to come in. 1.00

00:14:44.000 And so this is a new thing for us that we're looking at, trying to figure out how do we stop the federal government from one, aiding and abetting, but also actually damaging our property to help the illegals get in. 0.74

00:14:56.000 It's insane.

00:14:57.000 Yeah.

00:14:57.000 And so this is what is frustrating us in Arizona and others is that where, Why is the state government not doing more?

00:15:08.000 And that's where we're confused.

00:15:10.000 And the federal government, they're actually going through and cutting the wire, Ken.

00:15:15.000 That's what's insane, is they're actually cutting the wire to allow the foreigners to come in. 1.00

00:15:20.000 Talk about how you are taking aim at this illegal city that's been created in Houston.

00:15:26.000 It's a bizarre story, but this seems to be a primary focus of yours.

00:15:31.000 Yes, let me go back to real quickly this case, Arizona v. U.S., that you know about is fundamental to changing this because part of the reason we're in such a difficult spot is, you know, 10 years ago when Arizona tried to protect themselves with state law because the federal government wouldn't, Obama sued the state of Arizona and they came in and said, basically, the Supreme Court under Justice Kennedy, right, in the opinion, with Justice Roberts joining the liberals,

00:15:56.000 said that the state could not pass their own laws if the federal government had laws that were similar.

00:16:02.000 That cannot be right.

00:16:03.000 It cannot be right.

00:16:04.000 The federal government can pass a law, then ignore their own law and say, well, you can't enforce your laws because we have laws that we're not enforcing.

00:16:12.000 None of it makes any sense.

00:16:13.000 I want another shot at that.

00:16:15.000 So I've encouraged the legislature or the governor to do something that would violate that and let us take another crack at it now that the court has changed.

00:16:24.000 Back to your other question.

00:16:25.000 We are definitely looking at that Liberty County issue.

00:16:28.000 It's insane.

00:16:29.000 It's been growing for years.

00:16:31.000 It is a hodgepodge of people from all over the world.

00:16:34.000 And it's also creating all kinds of crime issues.

00:16:37.000 And it's creating an incentive for people to move into this county who are illegal.

00:16:42.000 And we're going to figure out some way to stop it.

00:16:43.000 It was a state creation, this sort of mud district, this development. 1.00

00:16:47.000 And we're looking into how it got created and what we can do to undo it.

00:16:51.000 And we may have suggestions for the legislature because they're going to go back into special sessions.

00:16:56.000 I know.

00:16:56.000 I'm glad.

00:16:57.000 Finally, special session.

00:16:58.000 I mean, your state's being invaded.

00:17:00.000 I'm pleased.

00:17:01.000 Hey, if you didn't spend 90 days impeaching Ken Paxton, you wouldn't have to go to special session.

00:17:06.000 But, Ken, let me just end with this, though, which is that I want to empower you and tell you the audience is with you.

00:17:13.000 You are one of the few fighters we have on the entire country.

00:17:16.000 Please be as aggressive as you can be while following and enforcing the law.

00:17:21.000 We need you.

00:17:22.000 And so we're here for you, Ken.

00:17:23.000 Thank you.

00:17:24.000 Glad you got through that.

00:17:25.000 And now it's time to uphold the law and protect Texas.

00:17:30.000 Thank you, Ken, so much.

00:17:31.000 And thank you.

00:17:32.000 I'm inspired and I'm ready to go.

00:17:33.000 So thank you.

00:17:34.000 Thank you, Ken.

00:17:37.000 Listen, as students begin heading back to school, do you think they'll be learning about the founding principles that made America the freest, most prosperous nation in history?

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00:18:41.000 Joining us now is Stephen Miller.

00:18:43.000 Stephen, thank you for taking the time.

00:18:45.000 You know, Stephen, we're seeing an invasion of our country.

00:18:48.000 Let's start there.

00:18:49.000 That's not a controversial statement.

00:18:51.000 How and why can this legally be described as an invasion and why does that categorization matter?

00:18:56.000 Well, the invasion clause primarily matters in two contexts.

00:19:01.000 The first would be in Article 4, Section 4, and the ability of states to, in the invocation of that clause, to demand relief from the federal government, and then the constitutional principle would flow from that,

00:19:16.000 that if the government declined, it's actually called the guarantee clause, that if the government declined to fulfill its guarantee under the U.S. Constitution, that the state would then be authorized to unilaterally defend its territory and to stop the invasion.

00:19:34.000 It also matters in another context, which is the 14th Amendment, Section 3, and that would be that Joe Biden is actually ineligible to run for president because he'd be disqualified for aiding and embedding an insurrection against the United States.

00:19:49.000 So it has significant legal meaning for both of those reasons.

00:19:53.000 Yeah, and so Greg Abbott declared an invasion in November of 2022, just about a year ago.

00:19:59.000 But Stephen, he's done really nothing to stop it except some razor wire and some things in the river.

00:20:04.000 Talk about how and why the states need to step up and take this into their own hands and tell the federal government to get out of the way.

00:20:11.000 Yeah, so I'll be blunt in saying that if Texas were to act unilaterally to repel the invasion, it would be the action that would be required would be of a scope and scale beyond what I think many people realize or appreciate.

00:20:31.000 Because what you'd really be talking about having to do is switching from a blocking strategy, which is what they're doing right now.

00:20:41.000 So, you know, put up some razor wire here, put a show of force over there, put cars and trucks where applicable, make trespassing arrests and so forth, to a detain and remove strategy.

00:20:55.000 But because of the logistical challenges involved in removing, you would need to build, which of course I would support doing, you would need to build an extremely large holding area for illegal immigrants that at any given point in time, you know, could hold upwards of 50, 60, 70,000 illegal aliens while you are waiting to send them someplace somewhere that would be willing to accept them. 0.99

00:21:21.000 Even if you push them across the border, they're going to run back across, so you have to have some place to detain them.

00:21:27.000 So that I presume on the third or fourth attempt of a legal immigrant to cross, who's then pushed back, who ends up in a detention center, they would stop trying.

00:21:36.000 But that is the kind of infrastructure that they would have to build.

00:21:40.000 The other issue is that they would then have to make sure to protect their own law enforcement officers from arrest and prosecution.

00:21:49.000 Because my presumption is that the DOJ would begin prosecuting state officials for deprivation of civil rights and the other kinds of exotic federal charges that you've seen Garland's DOJ bring up to go after conservatives.

00:22:05.000 I could even imagine them charging state troopers with kidnapping and things of that nature.

00:22:09.000 So obviously, in the event where you invoke the guarantee clause and the federal government disregards that invocation and then you take action unilaterally as a state, you have to be prepared to do the full suite of activity that I've described and be aware of the fact, again, that the Department of Justice, presumably, that has been unwilling to use any kind of force to stop the border invasion, would indeed use force to try to arrest and incarcerate your state law enforcement officers.

00:22:40.000 Yeah, and so is there anything, so first of all, that's really well said.

00:22:43.000 And you're right.

00:22:43.000 And the Department of Justice, Merritt Garland, Joe Biden, they wouldn't arrest the drug traffickers, the child sex traffickers, the fentanyl traffickers, the gun traffickers.

00:22:50.000 They would arrest the Texas sheriffs that are enforcing the law.

00:22:53.000 Texas was once its own sovereign country with its own constitution.

00:22:57.000 Does that play into this argument?

00:22:58.000 Because they'll say, oh, it's supremacy clause.

00:23:01.000 But Stephen, just from a moral standpoint, putting the legal issue aside, when your own state is being invaded and the federal government is co-sponsoring the invasion, don't you have a moral right to act and figure it out?

00:23:13.000 Well, I think as others have said before, there's no such requirement in the Constitution for a state to commit suicide.

00:23:23.000 And so while it's true that there is federal supremacy, and that's, of course, a bedrock principle of the U.S. Constitution, again, in an environment in which a state is being invaded and the federal government declines, not only declines to stop that invasion, but in fact does the opposite, marshals as resources to perpetuate that invasion, then the state at that point has the legal and yes, the moral right.

00:23:50.000 So to...

00:23:51.000 Yeah, let me interrupt, though, Stephen, while this is on my mind.

00:23:53.000 I'm sorry to interrupt.

00:23:54.000 I just want to keep the pace going here.

00:23:55.000 When you were in the Trump White House then, what was the argument that San Francisco and Chicago used to not allow federal agents into their city for sanctuary cities?

00:24:05.000 Isn't that a challenge to the supremacy clause?

00:24:07.000 Why was San Francisco not, for example, or LA, saying feds are ICE not allowed, but Texas can't say we're going to secure our own border?

00:24:15.000 What am I missing here?

00:24:16.000 Well, yes.

00:24:17.000 I mean, indeed, when we went to court against sanctuary jurisdictions, most notably California, if my memory stories mean correct, one of the arguments we made is that their refusal to turn illegal aliens in custody over to the federal government violated the supremacy clause.

00:24:33.000 Because again, we weren't talking about asking the state to go out and make arrests.

00:24:37.000 We were asking states to engage in what are known as custody transfers, where they arrest an illegal alien in the context of committing a local crime, and then we find out that they're here illegally.

00:24:47.000 And so we asked them to be turned over.

00:24:49.000 And so they were actively harboring illegal aliens.

00:24:52.000 In fact, they would go to great lengths to make sure that those illegal aliens could be released without us ever knowing when and where.

00:24:58.000 And so they were concealing these criminal aliens from the federal government.

00:25:03.000 And we argued that it violated the supremacy clause.

00:25:05.000 But the judiciary, such as it existed at the time, again, if memory stories me correct, did not favor those arguments.

00:25:13.000 Now, if you remember, well, as you remember, of course you remember, by the end of 2020, the Supreme Court, of course, went from a four-conservative minority to a five-conservative majority.

00:25:28.000 So one would hope that if these questions were raised again in 2025, they would have a very different outcome.

00:25:34.000 So, I mean, Stephen, but just to think a little creatively here, wouldn't Texas be able to say, well, we're a sanctuary state for the Constitution?

00:25:42.000 I mean, this is, just use their own standard that has been set by these left-wing gangsters in black dresses.

00:25:50.000 Why would that be flimsy, if at all?

00:25:53.000 Because, and by the way, it's not just that.

00:25:55.000 It's also on the marijuana issue.

00:25:57.000 States defy federal guidance and federal law on the marijuana issue.

00:26:01.000 They did this on gay marriage against DOMA, the Defense of Marriage Act.

00:26:06.000 So it's not the first example where the left finds wrinkles and state dissension against federal law or federal practice.

00:26:13.000 Why don't we start to embrace some of that spirit when it comes to, I don't know, enforcing our border from an invasion?

00:26:20.000 Well, I think that you could and should.

00:26:24.000 The sad reality is that judges really don't care about consistency.

00:26:32.000 A very large percentage of them care about outcomes.

00:26:35.000 And so the Ninth Circuit judges ruling on questions related to California, of course, are completely outcome determined.

00:26:42.000 And then the Fifth Circuit judges who would rule on issues relating to Texas would bend over backwards to try to appear neutral or to try to appear objective.

00:26:52.000 And so as you know, better than most, oftentimes trying to appear neutral means, in fact, issuing the wrong ruling just to make a point.

00:27:02.000 So I don't think that the judiciary is going to save us at this particular moment.

00:27:08.000 I think that, again, Texas has sovereign rights that it can exercise.

00:27:14.000 They should go into that, of course.

00:27:15.000 And I don't think they're going to, so it's a hypothetical.

00:27:17.000 I don't think they're going to, but they should go into that if they do, clear-headed, understanding about the nature of the challenge they're going to have with the federal government.

00:27:25.000 And then if there is a president in 2025 who is not of the left, then they would need to, of course, be issuing a number of pardons to a lot of people who may get caught up in various DOJ prosecutions in such a circumstance.

00:27:47.000 Yeah, it's just basically what you're saying is that judges will make up whatever they want to get the outcome they want, but then they're going to rely on process to not stop the invasion.

00:27:56.000 So, Stephen, what you're talking about is that the Texas House, the Texas governor, the entire Texas leadership Republican need to come together and say, we're doing this.

00:28:05.000 And that might require a standoff with the federal government.

00:28:09.000 This is where the U.S. House could actually come in and apply equal pressure, right?

00:28:13.000 The United States House could have a top-down, bottom-up, almost a pincer movement where you have the Texas standing up to the federal government and the U.S. House of Representatives standing up for Texas, cutting off funding, cutting off the special projects of Joe Biden.

00:28:26.000 But Stephen, that would require a serious Republican Party.

00:28:29.000 We don't have such.

00:28:30.000 Stephen, summarize it all.

00:28:32.000 Yeah, I mean, the bottom line, as you said, is that conservatives rely on process to protect themselves from criticism, thereby often arriving at the wrong result.

00:28:41.000 And the left ignores process and is silly focused on arriving at the correct result.

00:28:47.000 When those two forces meet each other over time, it ends predictably, which is that the right will lose almost all major legal disputes with sufficient passage of time.

00:28:56.000 And so it is going to be incumbent upon the elected representatives of the state of Texas to assert their fundamental sovereign rights as a state and to understand that the constitutional crisis is not the implication of those rights.

00:29:12.000 The constitutional crisis is what's happening right now, which is the absence of invoking those rights.

00:29:17.000 Stephen, stay right there.

00:29:18.000 We are not a serious country.

00:29:19.000 10 million people will waltz into America. 0.96

00:29:21.000 We're worried about legal process.

00:29:23.000 It is how you lose America.

00:29:27.000 Hey, everybody, Charlie Kirk here.

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00:30:30.000 One of the things that has infected center-right Vichy French Republicans is that deportation is radical.

00:30:36.000 It's not radical.

00:30:37.000 Israel deports people all the time.

00:30:39.000 I want a immigration system that Israel has. 0.90

00:30:43.000 Why does Israel get a wall, get borders?

00:30:44.000 Why do they get to deport foreigners that commit crimes?

00:30:48.000 Well, we don't because we are not a serious country and we are a suicidal country.

00:30:52.000 Stephen, when I see the people come across the border, it demoralizes me.

00:30:55.000 It's like this daily slit of my wrists.

00:30:58.000 Every day somebody is like slitting my wrists to slow bleed of the Republic.

00:31:03.000 Stephen, when Trump is president again as the 47th President of the United States, how do we deport 30 million people?

00:31:08.000 Well, your first priority for deportation needs to be to send a message to the world and for many other reasons.

00:31:16.000 It needs to be all of the illegal aliens who entered the country under Joe Biden so that you immediately send the message to the whole of the planet that because someday there of course will be another far-left president and that far-left president will open the border.

00:31:34.000 And you need to send a message to the world that even if you come here, even if you get in, you're still going to be deported from the country. 0.59

00:31:42.000 And we don't know how large that number is going to be.

00:31:44.000 Of course, you'll pick up an enormous number of what they call collaterals when you're making those arrests.

00:31:48.000 So you'd have to imagine, you know, if you went to, say, you raided like an agricultural plant that had, say, a meatpacking center that had one Biden illegal, you'd probably pick up 10 other illegals at the same time.

00:32:00.000 So you'll get an enormous number of collaterals.

00:32:03.000 But that number, and it's unknowably large because it's, of course, your releases, your gotaways, and then all of the people who are overstaying their visas, which nobody even talks about.

00:32:15.000 But since ICE has been disabled from deporting visa overstays, there's millions more illegals that no one is even aware of or thinking about or even having a conversation about.

00:32:24.000 In order to carry out a deportation operation of that scale, you would need to involve the U.S. military, which is why President Trump often talks about the Eisenhower model, where the last time the U.S. military was involved in a large-scale deportation operation.

00:32:41.000 It's also the reason why President Trump has talked about invoking the Alien Enemies Act, which is a law that was passed in the late 18th century during the Adams presidency that allows you to instantaneously remove any non-citizen foreigner from an invading country age 14 or older.

00:33:07.000 So it doesn't apply to the entire all the demographics of illegal alien groups, but it applies to those 14 and older.

00:33:17.000 And so it would be particularly useful in contexts where you have large amounts of gang members and drug dealers and other criminal offenders who are overwhelmingly going to be over that age threshold.

00:33:29.000 And so that allows you to suspend the due process that normally applies to a removal procedure.

00:33:36.000 Most people don't realize who haven't worked in immigration enforcement how bureaucratic that process is or the fact that all illegal aliens have the ability under current practice and procedure not only to appeal their deportations, but if they get the right kind of lawyer and they get the right kind of judge, they can even get their deportation appealed into federal Article 3 appellate courts.

00:34:04.000 In other words, out of the immigration courts, which are under DOJ and into regular federal court.

00:34:10.000 And so you can have a single deportation for a single alien.

00:34:13.000 Get all the way to the United States Supreme Court.

00:34:16.000 That's how bureaucratic the system has become.

00:34:19.000 And so you need to then invoke extraordinary powers to overcome that.

00:34:24.000 And then you need to mobilize the U.S. military, state, federal, and local law enforcement to then carry out large-scale deportations across the whole country.

00:34:34.000 And then you would need to build very large staging facilities to carry out the removals.

00:34:39.000 Because logistically, what a lot of people don't think about or realize is that if a deportation team goes to a particular house and arrests an illegal alien family, so say a mother, a father, four children, there's not like there's a plane on a tarmac that's just like 10 minutes away ready to take them.

00:34:58.000 And even if there was, it wouldn't be a very efficient use of resources, right, to have an entire chartered aircraft for a single family unit.

00:35:06.000 So you have to then build massive staging facilities that you can efficiently remove people plane full at a time or where applicable bus load if it's going to go back to Mexico at a time.

00:35:17.000 And so it would be an undertaking that would be greater than any national infrastructure project that we've done to date, but that's what we have to do.

00:35:26.000 But look, we live in a modern era.

00:35:27.000 We have a lot of people that want to go to work.

00:35:29.000 Round them up.

00:35:29.000 Kick them out.

00:35:30.000 Go home. 0.55

00:35:31.000 Go make Honduras great again since you're such a blessing to America.

00:35:34.000 Stephen, thank you so much.

00:35:35.000 Wonderful work.

00:35:36.000 We'll have you on again.

00:35:39.000 Thanks so much for listening, everybody.

00:35:40.000 Email us as alwaysfreedom at charliekirk.com.

00:35:44.000 Thank you so much for listening, and God bless.

00:35:49.000 For more on many of these stories and news you can trust, go to CharlieKirk.com.

The Charlie Kirk Show - September 27, 2023

Left-Wing Judges: The Gangsters in Black with Ken Paxton and Stephen Miller

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