Today on the Charlie Kirk Show, Will Scharf joins us to talk about presidential immunity and whether or not Donald Trump can get through another indictment. That's right, he's Indicted AGAIN! And Tulsi Gabbard joins the show to discuss why this is a big deal and what it means for the future of the Trump administration. Today's episode is sponsored by Noble Gold Investments, the official gold sponsor of the show. Noble Gold is a company that specializes in gold and other precious metals and physical delivery of precious metals. Learn how you could protect your wealth with Noble Gold Investing. That's where I buy all of my gold. Go to noblegoldinvestments.co/thecharliekirkshow and use the promo code: "ELISSA" to receive $5 and contribute $5 to The Charlie Kirk Foundation. You can support the show by becoming a patron! You'll get 20% off your first month with discount code: CHALLERRYKIRK at checkout! CHALLENGE at Noble Gold.co.org. If you like what you hear, please HIT SUBSCRIBE and tell a friend about the show and/or share it on your social media accounts! It'll help us spread the word! We'll be looking out for more shows like this! Thank you Charlie Kirk! - Charlie, Charlie Kirk, Charlie, Sr. & Tulsi, Jr. - The Charlie Kirker Show. - Charlie, Jr., the founder of Turning Point USA, the president of the Turning Point Project, LLC. & more! Thanks Charlie, Thank you so much for supporting the show, Charlie and Tulsi for all the love, support us, Charlie for all his hard work, Tulsi! -Tulsi, Charlie is a true American hero, Charlie! - Thank you, Charlie? - Tpusa, the greatest guy in the land of freedom, TTPUSA! - Tprusa, Inc. & much more! - Charlie and Tprada, TPHUSA, Inc., the president, TpUSA. and much more!! Thanks to Charlie, Tpray, Charlie & TTPusa. Love, TPRUSA & TTHPUSA! -- Thank you for listening to the show? - Will, Will, TPAUSA, TRS, and TRS!
00:00:00.000Hey everybody, today on the Charlie Kirk Show, Will Scharf joins us about presidential immunity and whether or not Donald Trump can get through another indictment.
00:00:07.000That's right, he's been indicted again.
00:00:09.000You guys can support us, members.charliekirk.com.
00:00:11.000And then Tulsi Gabbard joins the show.
00:00:13.000Email us as always, freedom at charliekirk.com.
00:00:41.000He's done an amazing job building one of the most powerful youth organizations ever created, Turning Point USA.
00:00:48.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:01:00.000Noble Gold Investments is the official gold sponsor of The Charlie Kirk Show, a company that specializes in gold IRAs and physical delivery of precious metals.
00:01:10.000Learn how you could protect your wealth with Noble Gold Investments at noblegoldinvestments.com.
00:02:08.000So back on July 1st, as you probably remember, Charlie, we won a massive victory at the U.S.
00:02:13.000Supreme Court in our presidential immunity appeal.
00:02:16.000In that decision, the Supreme Court basically set out a three-part standard of what evidence can be introduced in cases like this, what sort of acts a president has immunity for.
00:02:31.000For private conduct, the president doesn't have immunity at all.
00:02:34.000For acts that fall within the absolute core of presidential authority, the president has absolute immunity.
00:02:40.000And for all other acts falling within the outer perimeter of a president's responsibilities, the president has a presumption of immunity.
00:02:48.000Now, the original indictment in Jack Smith's DC case was full of evidence that was clearly subject to the Supreme Court's immunity decision.
00:02:57.000What Jack Smith has now done is he's gone back to his grand jury.
00:03:01.000He's omitted a lot of the things that he included in that original indictment.
00:03:51.000It's a new indictment in the same case that replaces the first indictment.
00:03:55.000So Jack Smith is trying to rescue his case that the Supreme Court gutted the D.C.
00:04:00.000prosecution in that presidential immunity decision and also in the Fisher decision, which was a January 6 case that also has implications here.
00:04:10.000Jack Smith rushed back to his grand jury, and now he's trying to essentially bring the same case again in a way that won't trigger the Supreme Court's immunity decision.
00:04:21.000So, yeah, that makes perfect sense to me, but, Will, this is a little bit, it's not just a little bit, it's very sinister, and also telling, they're not slowing down at all, despite there being an election.
00:04:33.000Now, there won't be another trial before the election, is that fair to say?
00:04:36.000But, There will not be another trial before the election, absolutely not.
00:04:44.000Hopefully, I pray to God that President Trump wins in November, and then this all becomes a moot point.
00:04:51.000It's interesting, though, President Trump actually truthed this out yesterday.
00:04:56.000There's longstanding Department of Justice policy that you don't bring new cases, you don't bring new indictments, you don't make overt investigative acts.
00:05:05.000Within a 60-day period before an election is held.
00:05:08.000The idea is that prosecutions shouldn't interfere with the conduct of an election.
00:05:14.000And there shouldn't even be the perception that the Department of Justice is playing politics with these sorts of things.
00:05:20.000Well, as President Trump pointed out yesterday, early voting starts in a number of states within just a couple weeks.
00:05:27.000So we're well within that 60-day period here.
00:05:30.000In that respect, at least, what Jack Smith is doing here certainly appears to be outside the norm of how DOJ would normally operate.
00:05:39.000And to me, that's something that we all need to be talking about.
00:05:44.000Without a doubt, and this is just the continual blitzkrieg of lawfare.
00:05:49.000So, I want to put that kind of on hold, and I want to emphasize sentencing.
00:05:55.000Sentencing that is coming up in September.
00:07:12.000These are all things that the Supreme Court says in its opinion on presidential immunity are presumptively immune.
00:07:18.000And that we believe shouldn't have been included in trial.
00:07:21.000So immediately after the Supreme Court came down with its decision, we moved to stay sentencing.
00:07:27.000Judge Murshan, to his credit, pushed it off by two and a half months.
00:07:30.000We're now litigating over these presidential immunity issues.
00:07:34.000We expect a ruling from Judge Murshan before sentencing, but pretty closely before sentencing, you know, potentially September 16th.
00:07:43.000We believe that sentencing needs to be pushed off much more if it occurs at all.
00:07:47.000We believe there's grounds for a mistrial here, for basically the prosecution to have to go back to step one and try to bring this case without all of this immune evidence.
00:07:57.000And that's what we're hoping happens here.
00:08:00.000In the meantime, though, we're in this weird situation where there is a sentencing date, where even the DA has acknowledged that there are real problems with proceeding with sentencing on this timeline, and we're going to keep fighting to make sure that President Trump's rights are upheld, that they're respected.
00:08:17.000And if that means taking quick appeals, moving up very quickly as soon as we know which way Judge Mershawn has ruled on this immunity issue, that's exactly what we're going to do.
00:08:27.000If we have to go all the way back up to the U.S.
00:08:31.000And we think we have very strong grounds to challenge, really, this entire jury verdict in this case.
00:08:38.000This is very telling, Will, in more ways than one.
00:08:42.000And the path forward on sentencing, I hate to get go here, What if they just say straight to prison, President Trump?
00:08:50.000We would immediately appeal the imposition of any sentence.
00:08:55.000Typically, in a case like this, the sentence would be stayed pending appeal.
00:08:59.000It would be highly, highly irregular for them not to grant us that given just President Trump's his age, his lack of a prior criminal history.
00:09:10.000I mean, he's not going to flee the jurisdiction.
00:09:12.000All the usual factors that would be considered.
00:09:15.000So we would do everything in our power, and I think we would successfully be able to stay the imposition of any sentence, whether it's a sentence of imprisonment or anything else, while we pursue what we think are very strong grounds for appeal, strong constitutional grounds, issues relating to President Trump's due process rights.
00:09:35.000I mean, there are a lot of things that went terribly wrong in this trial under Judge Marchand's supervision, and we're going to be challenging all of that on appeal.
00:09:45.000If a sentence is imposed on September 18th, we'll be challenging that very, very quickly, but we hope to avoid even getting to that point.
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00:11:15.000We need to take some responsibility for not moving to secure.
00:11:19.000Now, this behind-the-scenes footage shows, this is being filmed by her daughter, this shows that Nancy Pelosi, deep down, knows that the breach of the security perimeter was her fault.
00:12:10.000We have to take some responsibility for not moving to secure.
00:12:14.000What connection does this have to Jack Smith?
00:12:16.000If the left has pushed a fundamentally false narrative going back to January 6th, They want you to believe that President Trump whipped this crowd into a frenzy and sent them over and did all this dastardly stuff.
00:12:32.000The reality is that there was a large angry crowd on January 6th and that the people in charge of security at the Capitol didn't take the most elementary basic steps to ensure that the Capitol was properly secured.
00:12:45.000President Trump had offered National Guardsmen to help secure the Capitol.
00:12:49.000He'd offered additional security, They didn't take him up on those offers.
00:12:53.000So when you look at January 6th, the story that you've been consistently told, you know, Donald Trump bad, his fault, it's just not true.
00:13:01.000And we've seen that consistently as we've litigated these cases in DC and elsewhere.
00:13:07.000We've seen that consistently as we've really gotten in under the hood of what happened What happened on that day?
00:13:43.000She knows that proper steps weren't taken to make sure that a protest wouldn't get out of hand.
00:13:49.000And that's really what happened when you get down to the basics of January 6th.
00:13:54.000And so the lawfare is proceeding and continuing.
00:14:00.000Just to understand, if it really was a quote-unquote insurrection, what kind of insurrectionist would want National Guardsmen to defend the place that you're trying to take over?
00:14:09.000I mean, the whole thing is so silly, isn't it, Will?
00:14:11.000President Trump has never been indicted for insurrection.
00:14:14.000He's never even really been accused of insurrection.
00:14:18.000What they've done is they've brought these sort of highly technical legal charges relating to supposedly broad-reaching conspiracies against rights and conspiracy against the government.
00:14:28.000Because they don't have evidence that he had anything to do with the breach of the Capitol on January 6th.
00:14:34.000You know, the original stories were all about the Proud Boys and seditious conspiracy.
00:14:39.000President Trump has never been charged with any of that because he didn't do any of that.
00:14:43.000So what they're left with is these totally fake legal theories that, you know, I've cut through, other lawyers have cut through publicly.
00:14:54.000But January 6th, at the end of the day, it was a protest that got out of hand, and it's obviously regrettable, and people were hurt, and that's not a good thing.
00:15:04.000But the idea that President Trump was some mastermind behind some kind of insurrection, the more facts that come out, the more we know that that's just a totally baseless theory being advanced by the left, because they're desperate to tar President Trump in advance of this 2024 election.
00:16:16.000tpaction.com slash church to get your tickets right now.
00:16:21.000Joining us right now is Tulsi Gabbard, also known as Wonder Woman, the latest addition to the Justice League, otherwise known as the Avengers.
00:17:00.000And what you're seeing right there in that picture is a team of people who first and foremost believe in freedom, peace, and prosperity.
00:17:09.000That's what this election is really about.
00:17:11.000It's not about Democrats versus Republicans.
00:17:14.000It's about Americans who truly love our country and cherish peace and freedom and recognizing that there's a very clear contrast in choice in this election between these two candidates.
00:17:24.000And Donald Trump, who has talked about his commitment to freedom, peace and prosperity, his commitment to ending these unnecessary He understands that we cannot be prosperous unless we are at peace and his commitment to the Constitution and freedom versus Kamala Harris, who stands for the exact opposite.
00:17:46.000She has led an increasingly tyrannical government that undermines our fundamental rights and freedoms at every turn.
00:17:53.000They have led this brazen mission of political retaliation.
00:17:59.000Their biggest target being Donald Trump, but not limited to him.
00:18:02.000They have come after me most recently, putting me on a secret domestic terror watch list.
00:18:07.000They have gone after journalists like Matt Taibbi, weaponizing the IRS.
00:18:14.000They are an increasingly tyrannical government, one that has us embroiled in multiple wars around the world and closer to the brink of nuclear war than ever before.
00:18:22.000And one that has over the last three and a half years caused incredible economic hardship for the American people.
00:18:31.000We are excited to invite Americans, whether you're a Democrat, Republican, Independent, whatever your political persuasion is, if you value freedom, And you love our country.
00:18:43.000And honestly, thank you for your bravery and your courage.
00:18:45.000Because Tulsi, a couple years ago, you were running for president as a Democrat, co-chair of the DNC, and now embracing and endorsing Donald Trump.
00:18:56.000I think that's what makes politics fun.
00:18:59.000I think that's part of what a free society is all about is that we don't agree with everything and that way you can actually come to the best conclusion.
00:19:06.000How the right has now become the place of intellectual discourse and of Socratic dialogue and the left is top-down quasi-Stalinistic Politburo politics.
00:19:20.000This is one of the main reasons why I left the Democratic Party after being a Democrat for over 20 years was because when I was 21 years old in Hawaii and I was thinking about which party I most aligned with or which party's values I was most drawn to, I joined the Democratic Party at that time because it was still a party That celebrated being a big tent party that welcomed people from all different views and backgrounds and ideas and supported this vibrant open marketplace of dialogue and debate.
00:19:52.000It was a party that fought for the little guy.
00:19:54.000It was a party that welcomed people who stood up and called for peace and an end to these stupid wars of choice.
00:20:01.000It was the party of President John F. Kennedy and Martin Luther King, and I identified with those values and was drawn to the party because of that.
00:20:09.000I left the Democratic Party because the Democrat Party of today stands for the exact opposite of every one of those things that drew me to become a Democrat in the first place.
00:20:19.000And the encouraging thing that we are seeing across the country, there are so many Democrats or former Democrats who feel the same way that I do, that our party left us behind.
00:20:30.000And as you put it, the Democrat party has become the party of elite, the party of woke warmongers, the party that stands for more power.
00:20:40.000They will choose power over freedom and liberty every single day.
00:20:44.000And the Republican party has become the big tent party.
00:20:46.000The party that is increasingly championing the well-being of the little guy in our country and one that encourages this dialogue and debate and sometimes even strong disagreement amongst elected Republicans and that is such a healthy and important thing for us to have as a thriving democracy.
00:21:07.000It is the Unity Party versus the Uniparty.
00:21:10.000And what's amazing to me is how the Democrat Party, they almost want you, Kennedy and Elon Musk, out of their ranks.
00:21:18.000These people are so cocky, they are so elitist, that you're not part of their very specific neoliberal worldview where they want to invade the world, invite the world, and have totalitarianism here domestically.
00:21:36.000What do you make on her new positions where she's trying to make herself seem more like Donald Trump?
00:21:41.000And what advice do you have both for President Trump publicly and privately in his preparation for a debate against Kamala Harris?
00:21:49.000Well, how does the saying go, Charlie?
00:21:50.000Imitation is the greatest form of flattery.
00:21:56.000So the fact that Kamala Harris is now adopting these policies, apparently she says she stands for freedom and she wants to build a wall and secure our border.
00:22:07.000She is saying these things because her pollsters are telling her to say them.
00:22:12.000We should not pay attention to her words because her actions and her record, especially over these last three and a half years as vice president, one breath away from the presidency, tells a very different story.
00:22:24.000So we can assume with most of the things that Kamala Harris says, if she is saying she stands for this, really what she really will do as president is the exact opposite.
00:22:36.000And that's the opportunity that President Trump is going to have on this debate stage on September 10th.
00:22:42.000is to expose Kamala Harris's lies, her hypocrisy, and the fact that she is truly a phony politician in the worst sense of the word.
00:22:53.000And she only cares about herself and her own power.
00:22:55.000She doesn't actually care about the American people, our security, our safety, our freedom, our prosperity.
00:23:01.000She will say and do whatever she thinks is necessary to win this election.
00:23:06.000And if allowed to do that, we will see more of the dangerous and disastrous policies that we've seen over the last three and a half years.
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00:24:19.000So from a framing, do you think President Trump should embrace a more policy framing or kind of do what you just did and say that you don't believe anything, you flip-flop, you're all over the place, or should it just be strictly about policy?
00:24:33.000Should he be willing to say that you're an inauthentic person that nobody voted for, which is a little more dangerous but could be effective?
00:24:41.000I don't think it's an either or choice, Charlie.
00:24:43.000I think the two are very directly connected.
00:24:46.000And you look at the interaction I had with her on that debate stage in 2019.
00:24:52.000I confronted her with her record, which was about very real policies, but in doing so, exposed her hypocrisy, exposed her lies, and exposed the fact that What does she really believe in?
00:25:50.000I mean, you had Leon Panetta as the lead-up act, the warm-up act for Kamala Harris, and like a lunatic, she's saying, the American fighting force will be a lethal force spreading democracy abroad?
00:26:03.000I mean, is this George W. Bush or Kamala Harris?
00:26:07.000This points again to the contrast between the team of people that President Trump is assembling, people who come from different political backgrounds, but who are completely aligned in this cause of freedom, in this cause of the pursuit of peace, recognizing that war should be a last resort.
00:26:29.000And this includes Democrats and Independents and, of course, Republicans.
00:26:33.000Whereas you look at Kamala Harris, she is a complete war hawk.
00:26:37.000She is a complete warmonger, a disciple of the Queen of Warmongers and Hillary Clinton herself.
00:26:42.000And the few Republicans that they gathered on that stage at the Democratic Convention were more of the neocon war hawks and warmongers from Washington, people like Adam Kinzinger and others.
00:26:54.000So again, this is not about Democrats versus Republicans.
00:26:58.000This is about a president who values the lives of every one of our servicemen and women, and who understands the seriousness of the responsibility of serving as commander-in-chief, willing to do what is necessary, whether that means going and meeting Kim Jong-un in the pursuit of peace, Or working with allies and partners and friends.
00:27:18.000That is not something Kamala Harris is willing to do.
00:27:21.000She criticized President Trump for having the courage to go and have that conversation and conduct those negotiations.
00:27:29.000She is being controlled by the national security state, the deep state, the military-industrial complex, once again, which told her to say those things on that debate stage.
00:27:40.000Showing us all who she really is controlled by and who've been controlling Joe Biden and this White House over these last three and a half years.
00:28:05.000If you vote for Kamala Harris, you want nation-building warmongering, invading smaller, weaker countries, wars of choice, more Ukraine, more suffering, more displacement, more refugees, period.
00:28:16.000The entire cabal that ran the American foreign policy project of George W. Bush is now in complete control of the Kamala Harris campaign.
00:28:24.000You had Leon Panetta, who as the warm-up act, That guy has been behind every major foreign policy blunder of the last 40 years.
00:28:32.000And this guy is giving a primetime address to the DNC and getting applause!
00:28:37.000Getting applause from these lemmings at the DNC.
00:28:40.000So Tulsi, can you update our audience?
00:28:41.000Are you still being targeted by the Quiet Skies program with that SSSS on your boarding pass every time you fly?
00:28:48.000Last I heard, the targeting package was still operational under this secret domestic terror watchlist called Quiet Skies.
00:29:03.000How they do this, they don't ever tell anybody, but I do know that several committees in Congress, including Jim Jordan's Select Committee on the Weaponization of the Government, They are actively investigating this and calling in leaders from the TSA to come and answer questions.
00:29:21.000I hope that they take this public and call these leaders onto the carpet to provide some transparency about this secret domestic care watch list that I'm sure is just one of many that's targeting everyday Americans and being used as a tool For political retaliation by the Harris-Biden administration.
00:29:39.000So I've got Jay Sekulow and the ACLJ, they're pursuing legal action at this stage.
00:29:46.000We have filed FOIA requests to try to ensure they turn over whatever evidence and documentation they have.
00:29:54.000And then we will continue on from there.
00:29:56.000So Tulsi, this is a little wonkier argument, but I think it's really important for smarter Democrats and Independents that care about, quote, democracy.
00:30:05.000Can you comment on how the party of democracy, in an obviously coordinated way, went out of their way to try to remove RFK from the ballot, to sue every way, and Republicans didn't really do that.
00:30:17.000Isn't the whole idea of democracy is you can vote for whatever candidate of your choosing, not just vote for the Democrat?
00:30:25.000And this is, this is once again, why everything that Kamala Harris and the Democrats and the propaganda media who were doing her work for her, what they say is the complete opposite of what's actually happening.
00:30:37.000We talked about how she says she's for freedom as she's undermining our freedom.
00:30:42.000On the issue of democracy, not only were they, and up until very recently, trying to block Bobby Kennedy from getting on the ballot, now in certain states as he's trying to get off the ballot since he suspended his candidacy, these various states that are swing states, battleground states, are now saying no, he must remain on the ballot because they think that his name being on the ballot will help Kamala Harris When these are the very same people who tried to get Donald Trump removed from the ballot in over 32 states, completely trying to take away voters, right, to make the decision for ourselves about who we want to be president, commander in chief.
00:31:23.000And they have no qualms about lying directly to the American people saying we stand for democracy and President Trump will undermine democracy while in action, in real time, they are doing exactly that, undermining our democracy, trying to take away our right as voters to make sure that our voice is heard through this election and undermining the rule of law.
00:31:48.000It's a glaring, brazen abuse of power that we have to expose for exactly what it is.
00:31:53.000That is exactly right, and that's what I mean.
00:31:56.000The big things are the big things this election, and you have a Democrat party that's lecturing us about ballot access.
00:32:02.000Kamala Harris is screaming about the John Lewis Voting Rights Act, and third-party candidates like Jill Stein can't get on the ballot.
00:32:08.000Well, actually, just recently, she is going to be on the ballot in Wisconsin, because I think that's the whole idea of democracy.
00:32:13.000If you want to vote for a third-party candidate, you should be able to vote for a third-party candidate.
00:32:40.000I believe it because they've shown us that they will stop at nothing in order to try to retain their power and get more power.
00:32:49.000I have no doubt about the fact that if that is what is coming out, that that is true because they want to try to undermine them.
00:32:56.000They want to try to build ammunition against them and they'll use whatever means necessary, working with their friends in the propaganda media to plant lies in order to build doubt in the American people's minds.
00:33:07.000And create this fake narrative around Kamala Harris that is nothing that reflects reality about who she really is and how dangerous she will be for all that we hold dear about our country.