The Charlie Kirk Show - The First SCOTUS Battle of 2024

00:00:00.000 Hey, everybody.

00:00:00.000 The Supreme Court hears oral arguments regarding Trump's ballot access.

00:00:04.000 We take Trump's press conference.

00:00:06.000 Blake helps us unpack it all.

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00:00:25.000 Buckle up, everybody.

00:00:26.000 Here we go.

00:00:27.000 Charlie, what you've done is incredible here.

00:00:29.000 Maybe Charlie Kirk is on the college campus.

00:00:31.000 I want you to know we are lucky to have Charlie Kirk.

00:00:34.000 Charlie Kirk's running the White House, folks.

00:00:37.000 I want to thank Charlie.

00:00:38.000 He's an incredible guy.

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00:01:25.000 Currently, there are Supreme Court arguments happening around Donald Trump's ballot access.

00:01:31.000 Involves the state of Colorado, Jason Murray is arguing on behalf of Colorado voters, just a small amount of voters that are petitioning up to the Supreme Court saying that Donald Trump should not be allowed to be on the ballot.

00:01:48.000 This is not going well for the Democrats at all.

00:01:50.000 This is not going well for the radical activists that want to kick Donald Trump off the ballot.

00:01:58.000 I want to just play a little bit of a taste here.

00:02:01.000 This is, of all people, Katanji Brown Jackson, who is tilting saying that I don't think this is going to go well.

00:02:11.000 In Cut 98, you have Justice Kagan, and in Cut 89, we have Katangi Brown Jackson.

00:02:16.000 Let's actually start with Justice Kagan, who is beginning to just rip their heart out of their argument.

00:02:23.000 Get down to the essence of it.

00:02:24.000 Play cut 98.

00:02:26.000 No, there has to be some process for determining those questions.

00:02:29.000 And then the question becomes, does anything in the 14th Amendment say that only Congress can create that process?

00:02:35.000 And Section 5 very clearly is not an exclusive provision.

00:02:39.000 It says Congress shall have power.

00:02:41.000 But maybe put most boldly, I think that the question that you have to confront is why a single state should decide who gets to be president of the United States.

00:02:51.000 In other words, you know, this question of whether a former president is disqualified for insurrection to be president.

00:02:58.000 This is getting down to the essence of are they able to kick Donald Trump off the ballot coming into November.

00:03:07.000 This could end this entire discussion once and for all.

00:03:11.000 Looks like the Supreme Court is angling towards what is probably the easiest ruling for them to make.

00:03:15.000 That ruling would be the 14th Amendment that simply doesn't just give states the power to disqualify presidential candidates absent a federal law saying so.

00:03:24.000 Again, even Elena Kagan is saying, and she's super suspicious of the Colorado's argument.

00:03:30.000 During all her arguments, she asked the Colorado lawyer, why should one state get to decide who is president?

00:03:36.000 Kagan called this extraordinary for one state to simply execute a federal constitution provision in this manner.

00:03:43.000 Now, the left is getting increasingly depressed and desperate.

00:03:48.000 Mark Joseph Stern, the legal writer for Far Left Slate, tweeted, quote, in my view, this argument is as good as over.

00:03:55.000 A majority will hold that individual states can't enforce Section 3 against the president and will hold that individual states can't enforce Section 3 against the president, at least without congressional approval.

00:04:06.000 In other words, Trump wins and he gets to be on the ballot.

00:04:08.000 That looks like where it's heading.

00:04:10.000 They literally might even lose Katangi Brown Jackson.

00:04:12.000 In oral arguments, she appeared to be open to the idea that Trump can't be disqualified because the president is not an officer of the United States.

00:04:18.000 Another one of the arguments Trump has advanced.

00:04:20.000 Let's go to a piece of tape here.

00:04:23.000 This is Katangi Brown Jackson play cut 89.

00:04:26.000 We never accepted or conceded in our opening brief that this was an insurrection.

00:04:30.000 What we said in our opening brief was President Trump did not engage in any act that can plausibly be characterized as insurrection.

00:04:37.000 All right, so why would this not be an insurrection?

00:04:38.000 What is your argument that it's not?

00:04:39.000 Your reply brief says that it wasn't because I think you say it did not involve an organized attempt to overthrow the government.

00:04:48.000 That's one of many reasons.

00:04:49.000 But for an insurrection, there needs to be an organized, concerted effort to overthrow the government of the United States through violence.

00:04:56.000 And this is the same thing.

00:04:57.000 So at your point, is that a chaotic effort to overthrow the government?

00:05:00.000 It's not an insurrection?

00:05:01.000 We didn't concede that it's an effort to overthrow the government either, Justice Jackson, right?

00:05:04.000 None of these criteria were met.

00:05:06.000 This was a riot.

00:05:07.000 It was not an insurrection.

00:05:08.000 The events were shameful, criminal, violent, all of those things, but it did not qualify as insurrection as that term is used in Section 3.

00:05:15.000 Now, understand this.

00:05:17.000 Now, this was KBG on insurrection, but she pivots, and we're going to be playing more and more tape here.

00:05:22.000 Even the left-wingers on the court are not open or sympathetic to these arguments.

00:05:30.000 This is a completely made-up argument.

00:05:32.000 And understand, they're trying to say that this is an insurrection.

00:05:35.000 This person arguing, Jason Murray in front of the Supreme Court, arguing on behalf of Colorado voters, is saying, well, it was an insurrection in the open.

00:05:44.000 Justice Brett Kavanaugh asked the most important question.

00:05:47.000 Who's been charged from insurrection?

00:05:50.000 Who has been charged?

00:05:53.000 Now, they want Trump charged with insurrection, but even being charged is being different than being convicted of insurrection.

00:05:59.000 Understand this.

00:06:00.000 This is trending towards potentially a 7-2 or 8-1 ruling, a potential unanimous ruling.

00:06:06.000 And if that happens, the left gets completely steamrolled on this one.

00:06:10.000 Once again, they'll have made Trump stronger from their frenzy to hurt him.

00:06:15.000 Now, remember, John Roberts will push for unanimous ruling, but I think the worst we can expect here is 7-2.

00:06:22.000 The trend on this is that even honest liberals are a little bit cautious.

00:06:31.000 They're a little bit worried that obliterating a former president from ballot access could potentially be a Rubicon that they do not want to cross.

00:06:43.000 And they cannot answer the question.

00:06:45.000 And in fact, in dialogues, Brett Kavanaugh and Alito and Gorsuch press repeatedly, has Donald Trump been charged with insurrection?

00:06:54.000 And Jason Murray says, well, you just kind of know it.

00:06:57.000 You just kind of see it and you know that it's happening.

00:07:00.000 Let's play cut 101 of Kagan asking, what is a state doing deciding what other citizens get to vote for president, play cut 101?

00:07:09.000 I guess, you know, it did come up in the First Amendment, but there's a broader principle there, and it's a broader principle about who has power over certain things in our federal system.

00:07:20.000 And, you know, within our federal system, states have great power over many different areas, but that there's some broader principle about that there are certain national questions where states are not the repository of authority.

00:07:38.000 And I took a lot, First Amendment, not First Amendment, a lot of Anderson's reasoning is really about that.

00:07:44.000 Like, what's a state doing deciding who gets to Who other citizens get to vote for for president?

00:07:56.000 This would be a big statement if the Supreme Court decided 9-0.

00:08:01.000 It would be a huge win.

00:08:02.000 Now, whether or not that's going to happen, we will see.

00:08:05.000 But it's almost a certainty that Donald Trump will be allowed on the ballot.

00:08:09.000 Here's more of Katangi Brown Jackson play cut 102.

00:08:12.000 Restrict presidential candidates wouldn't have existed.

00:08:15.000 They wouldn't have been raised one way or another.

00:08:17.000 Right, but I'm not making a distinction between ballot access and anything else.

00:08:21.000 Understood, but the more broad point I want to make is that what is very clear from the history is that the framers were concerned about charismatic rebels who might rise through the ranks up to and including the presidency of the United States.

00:08:34.000 But then why didn't they put the word president in the very enumerated list in section three?

00:08:40.000 The thing that really is troubling to me is I totally understand your argument, but they were listing people that were barred, and president is not there.

00:08:50.000 If I'm a left-winger, I'm not happy.

00:08:54.000 They thought that they could get Donald Trump through all the indictments, through all the law fair, through ballot access at every single corner, every single turn.

00:09:02.000 You are losing in the courts.

00:09:04.000 You are losing in public opinion.

00:09:06.000 They are becoming more and more desperate.

00:09:10.000 Donald Trump will be doing a press conference soon.

00:09:13.000 We'll be cutting to that.

00:09:14.000 And hey, here's a little bit of a piece of advice for Democrats.

00:09:17.000 Why don't you guys just try to beat Donald Trump at the ballot box?

00:09:19.000 Why do you have to try to go to these extremes?

00:09:21.000 Because you're afraid that you can't defeat him at the ballot box.

00:09:25.000 That's why.

00:09:26.000 You're terrified that if there's actually a fair and free election, that you'll lose.

00:09:31.000 This is becoming just a legal bloodbath.

00:09:33.000 Justice Gorsuch spends two minutes just going after the Colorado lawyer.

00:09:37.000 The arguments are so faulty.

00:09:40.000 They are so flimsy.

00:09:42.000 They are so fragile that this very well could collapse in real time.

00:09:50.000 Hey, everybody, Charlie Kirk here.

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00:10:52.000 It's amazing.

00:10:54.000 This should not be about Trump.

00:10:56.000 This is about supporting the integrity of the United States Constitution.

00:11:00.000 Even if you hate somebody, they should be able to run for the presidency.

00:11:04.000 These laws were written in a post-Civil War context to try to prevent individuals that literally were at war with the United States from potentially serving in the government.

00:11:17.000 These are very antiquated laws, and there is a process.

00:11:20.000 Did Congress remove and successfully impeach Donald Trump on these claims?

00:11:25.000 No, he was acquitted, actually.

00:11:27.000 The U.S. Senate acquitted him.

00:11:29.000 They didn't have enough votes for that.

00:11:31.000 This is about the trust of the entire system as we know it.

00:11:37.000 But they don't really care much about that.

00:11:40.000 Instead, it's about doing everything conceivable, everything in your power to try to get Donald Trump.

00:11:49.000 We don't want the chaos that would ensue.

00:11:52.000 We don't want this eye for eye type anarchy.

00:11:54.000 We would rather just have the ballot box determine this.

00:11:58.000 But think about how desperate one must be to go all the way up to the United States Supreme Court, first have the Colorado Supreme Court.

00:12:05.000 And that's really one of the main focuses here.

00:12:08.000 Who's going to hold the Colorado Supreme Court? 0.92

00:12:10.000 Those people should be disbarred. 1.00

00:12:12.000 They should be kicked out of the legal profession.

00:12:15.000 The fundamental question comes down to: are we going to honor the will of the people?

00:12:20.000 Who is the sovereign?

00:12:21.000 Is the will of the people sovereign?

00:12:24.000 This is the bottom line.

00:12:26.000 It needs to be the bottom line throughout.

00:12:28.000 And as we progress deeper and deeper into this unprecedented legal argument, we have drifted so far away from the constitutional intent.

00:12:39.000 In fact, you have people on TV.

00:12:42.000 In the Cold Open, we had one of them, one of those people on MSNBC.

00:12:46.000 Yeah, this one, Cut 95, that if you have too many options, it's not democracy.

00:12:51.000 So basically, democracy is one-party rule.

00:12:53.000 Remember, every time they say democracy, replace it with the word oligarchy.

00:12:58.000 Play cut 95.

00:13:00.000 Now, more than ever, the idea of a third party is a threat to our democracy.

00:13:06.000 Third parties do not work. 0.95

00:13:07.000 They're spoilers.

00:13:08.000 So if you want Donald Trump to win the election, then go ahead, throw your vote away and vote third party.

00:13:15.000 If you don't and you want to maintain our democracy and work within our system to reform it, maybe down the line, there can be an opportunity to have ballot access or a third party or whatever, that's fine.

00:13:26.000 But right now, the threat to our democracy is too great to be messing around with third party candidacies.

00:13:33.000 The threat to our democracy is too great to allow too many options.

00:13:38.000 Remember, just replace the word oligarchy and it solves your question.

00:13:43.000 What are they actually arguing for?

00:13:44.000 What are they fighting for?

00:13:46.000 You see, the system of checks and balances that we have in this country, of consent to the governed, of separation of powers, they're going after all of it.

00:13:57.000 And it starts with the will of the people.

00:14:00.000 Who are the sovereign in this country?

00:14:03.000 Who's in charge?

00:14:05.000 Who is actually the sovereign?

00:14:07.000 And they want the sovereign to be an unelected group of people that are able to call shots on who you get to vote for.

00:14:16.000 They want to be able to say that you don't have a constitutional right to be able to speak.

00:14:23.000 The claim is that the president isn't explicitly listed in the 14th Amendment.

00:14:27.000 And in other contexts, throughout the Constitution, when officers of the United States are mentioned, the president is the one who chooses or oversees them.

00:14:34.000 So the argument goes the 14th Amendment applies to literally every federal job except the president.

00:14:40.000 This is the argument that is unfolding in front of the U.S. Supreme Court.

00:14:46.000 How many times do we have to live under this tyranny of nameless and faceless experts?

00:14:52.000 And it does go to a very disturbing trend.

00:14:54.000 Again, the people that are yammering about democracy, yammering about the threat to democracy, they don't actually want you to be able to participate in a fair and free election.

00:15:08.000 The fact that you have a ballot terrifies them.

00:15:10.000 The fact that you will be able to vote horrifies them.

00:15:15.000 Senator Roger Marshall is out speaking about this.

00:15:17.000 We're going to throw that up in a second.

00:15:19.000 And KBJ, for example, who is Katangi Brown Jackson, obviously agrees that Trump committed insurrection, but she is signaling and seems to believe that since the president isn't listed, that it doesn't matter.

00:15:29.000 So they're finding all sorts of different nitpicky essences here.

00:15:33.000 But I think it's important that we get the facts right.

00:15:35.000 Donald Trump did not commit insurrection.

00:15:40.000 Hey, everybody.

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00:16:49.000 The price of real estate very well might continue to go up.

00:16:52.000 Go to AndrewNTodd.com, AndrewandTodd.com.

00:16:58.000 Okay, Donald Trump is up.

00:16:59.000 Let's cut this.

00:17:00.000 Let's play it up here and we'll see what he has to say.

00:17:03.000 Which cabinet are we talking about?

00:17:07.000 That's the kind of justice we have when they say that to try and build up the case.

00:17:10.000 That was a shame that they gave up so much.

00:17:13.000 When they said that, they gave up so much.

00:17:15.000 That Mar-a-Lago is worth $18 million.

00:17:18.000 They had it appraised for, as you know, 50 to 100 times that amount.

00:17:22.000 And we have a judge that that's what he said.

00:17:24.000 And he's supposed to be ruling on me.

00:17:27.000 But who knows?

00:17:28.000 Maybe he'll be fair.

00:17:29.000 I doubt it, but maybe he'll be fair.

00:17:31.000 So I want to thank everybody.

00:17:33.000 And by the way, we proved that case 100% five times over.

00:17:36.000 Our cases 100% proven five times over.

00:17:39.000 We've never seen anything like it.

00:17:41.000 He just wouldn't dismiss it no matter what.

00:17:42.000 Shouldn't be there.

00:17:43.000 It should have been in the commercial division.

00:17:45.000 Anyway, it's an honor to have you.

00:17:48.000 I look forward to having you again, and I'll probably see you out of Nevada.

00:17:51.000 Thank you very much.

00:18:04.000 Speak to the argument, legal and otherwise, that the detractors have made leading up to today.

00:18:10.000 And it's an argument that was given voice by Michigan Commonwealth, Senate Republican leader, not lawyer.

00:18:16.000 I got a second.

00:18:17.000 There's no question.

00:18:18.000 Yeah, I got that.

00:18:19.000 President Trump is fact that morally responsible for both of the events of the day.

00:18:23.000 He doesn't say that anymore.

00:18:25.000 So let me just tell you that I heard and I watched.

00:18:29.000 And the one thing I'll say is they kept saying about what I said right after the insurrection.

00:18:36.000 I think it's an insurrection.

00:18:37.000 I watched my NITS.

00:18:39.000 This was an insurrection.

00:18:40.000 If it was an insurrection, which would happen.

00:18:46.000 Somebody recently battled it.

00:18:49.000 So unnecessary, so sad, so horrible.

00:18:53.000 But there were no guns.

00:18:55.000 There were no anything.

00:18:56.000 But if you take a look at my words right after, you take a look at my speech from the Rose Guard, which was very shortly after, or you take a look at my, I'm only on truth now, but at that time we were tweeting and I was on Twitter.

00:19:11.000 If you take a look at those five or six tweets, you'll see very beautiful, very heartwarming statements.

00:19:19.000 Go home.

00:19:21.000 Sounded like a mop-boss. 0.79

00:19:23.000 Take a look at any of them.

00:19:25.000 Take a look at we put together a tape of vicious, violent statements made by Democrats.

00:19:32.000 Nobody brings that up.

00:19:33.000 Take a look at Maxine Waters and the vicious statements that she made. 0.99

00:19:38.000 I didn't do that.

00:19:39.000 I said peacefully and patriotically.

00:19:43.000 The speech was called Peacefully and Patriotic.

00:19:45.000 It's peaked peacefully and patriotically.

00:19:48.000 He said I said bad statement was the exact opposite.

00:19:51.000 So I think you should take a look at the statements that I made before and after, and you'll see a whole different dialogue.

00:20:04.000 Mr. President, you just mentioned Chinese president Xi.

00:20:07.000 You said that you were going to impose 60% tariffs to get back in office.

00:20:10.000 Can you explain your rationale there?

00:20:12.000 We want to bring business back to the U.S. They're stealing our business. 1.00

00:20:16.000 They're taking our business at levels that nobody's ever seen before.

00:20:20.000 By doing that, we bring business back, manufacturing back to the United States, which I was doing.

00:20:26.000 I took in hundreds of billions of dollars from China.

00:20:30.000 No president had ever taken in 10 cents, not 10 cents.

00:20:34.000 I took in hundreds of billions of dollars, and jobs were coming back.

00:20:39.000 I was saving steel companies.

00:20:40.000 Now they are blowing it.

00:20:42.000 When I see U.S. steel being bought by Japan, what a sad thing that is to me. 0.81

00:20:47.000 What a sad thing that is.

00:20:48.000 So we want to bring jobs back.

00:20:50.000 Very simple. 0.99

00:20:53.000 Why is Nikki Hammond still in the race?

00:20:54.000 Do you still have confidence in Speaker Johnson after the failed Maorca impeachment effort is really?

00:21:00.000 I very much do.

00:21:01.000 I think he's very, he's a very good man, and I have great confidence in him.

00:21:05.000 You're dominating the polls.

00:21:07.000 Why is Neocon Nikki Haley still in the race when you're dominating in the polls?

00:21:11.000 Oh, I love that question.

00:21:12.000 Thank you very much.

00:21:13.000 You just said it.

00:21:15.000 I don't know why she continues, but let her continue.

00:21:18.000 We have a big one coming up, as you know, in South Carolina.

00:21:21.000 And the polls are indicating that we're through the roof on that one.

00:21:25.000 We're leading by, I guess, 35%, 35 points.

00:21:30.000 So I don't know.

00:21:30.000 I think she hurts herself, but I think she hurts the party and in a way hurts the country.

00:21:35.000 But it seems to be dying.

00:21:37.000 She did poorly in Iowa.

00:21:38.000 She did very poorly in Iowa, actually.

00:21:41.000 She came in third place, Ron DeSantis Peter, although you wouldn't know that if you listened to her speech, she did poorly in New Hampshire. 0.98

00:21:50.000 She did poorly no matter where she went.

00:21:52.000 I don't know how the results are in yet from the Virgin Islands, but I know she's playing it very hard.

00:21:58.000 And in Nevada, she lost to no name.

00:22:02.000 She had a no name and she lost by, I guess, 40 points.

00:22:07.000 So I don't know why she continues, but she's a, you know, I don't really care if she continues.

00:22:13.000 It's, I think it's bad for the party.

00:22:16.000 I think it's actually bad for her.

00:22:18.000 What is all that?

00:22:21.000 Mr. President, thank you for having us on the beginning.

00:22:34.000 Well, I can say presidential immunity, which we'll be talking about because that would be upcoming, is very, very important for a president.

00:22:42.000 If a president doesn't have immunity, he really doesn't have a presidency.

00:22:48.000 He can be told to do things that he would never do.

00:22:52.000 He could do really bad things for our country.

00:22:54.000 Presidential immunity is imperative.

00:22:56.000 It's going to be very, very important.

00:22:57.000 And I'd rather talk about that next week, but there is nothing more important to a presidency than immunity because they have to be free to make decisions without saying, oh, if I do this or if I do that, as soon as I get out of office, we're going to be indicted.

00:23:12.000 We're going to have trouble.

00:23:14.000 And the other party will do that.

00:23:15.000 I think we've seen that.

00:23:16.000 They've done that.

00:23:17.000 There's some very bad people.

00:23:19.000 And you have an opposition party and they will do things that are very bad.

00:23:22.000 If you don't have immunity, you can be blackmailed.

00:23:25.000 You can be as a president.

00:23:27.000 They'll say, if you don't do this, this, and this, we're going to indict you as soon as you leave office.

00:23:33.000 You cannot allow a president to be out there without immunity.

00:23:38.000 They don't have immunity.

00:23:40.000 You don't have a presidency.

00:23:42.000 You lose all, excuse me, you lose all, you lose all form of free thought and good thought.

00:23:48.000 And you probably weaken the presidency to a point that it was never supposed to be weakened.

00:23:53.000 It would be a very bad thing for our country.

00:23:55.000 We'll be talking about immunity in the coming weeks.

00:23:57.000 Mr. President, I'm sorry, how confident are you that the truth is bad by the Supreme Court of Justice?

00:24:05.000 And how much of a timeframe can you make a decision?

00:24:10.000 Well, I'm a believer in our country, and I'm a believer in the Supreme Court.

00:24:14.000 I listened today, and I thought our arguments were very, very strong.

00:24:20.000 An argument that is very important is the fact that you're leading in every race.

00:24:26.000 You're leading in every state.

00:24:27.000 You're leading in the country against both Republican and Democrat.

00:24:32.000 And Biden, you're leading in the country by a lot.

00:24:36.000 And can you take the person that's leading everywhere and say, hey, we're not going to let you run?

00:24:42.000 You know, I think that's pretty tough to do, but I'm leaving it up to the Supreme Court.

00:24:47.000 Thank you all very much.

00:24:57.000 All right.

00:24:57.000 We want to make sure we took that live.

00:24:58.000 Joining us now is Blake.

00:24:59.000 Blake, you're kind of a legal mind, unofficially.

00:25:03.000 Still a lot of low.

00:25:04.000 So just kind of, you know, recap what happened here.

00:25:07.000 This was a big L for the left-wingers.

00:25:10.000 Well, ruling's not in yet.

00:25:11.000 Right.

00:25:12.000 Well, never count your chickens.

00:25:13.000 All arguments are typically powerful.

00:25:16.000 Major liberal court watchers, the people watching this, do not seem overjoyed with what they got today.

00:25:23.000 We mentioned Mark Joseph Stern, legal writer at Slate.

00:25:26.000 He's watching the line of questionings.

00:25:28.000 And when Kagan asks Colorado's representative, well, wait, why is it okay for one state to decide basically who becomes president?

00:25:37.000 Because one swing state could essentially say, well, this candidate's off the ballot, therefore they're not going to be able to win.

00:25:44.000 And when she's asking that question, there's not really a good answer to that.

00:25:48.000 And if that's the sort of question that the liberal members of the Supreme Court are asking, then it's not looking good for the idea of, well, we can just delete Trump from the ballot on our own and make this all go away.

00:26:00.000 Will this then end all the legal challenges for ballot access for Trump?

00:26:03.000 Will this basically be, will this settle it?

00:26:07.000 This would at least end any push to disqualify him as an insurrectionist.

00:26:13.000 I can't, they're always getting more creative.

00:26:15.000 They're a particular vector, particular vector.

00:26:17.000 Importantly, this doesn't handle anything related to Jack Smith charging Trump with a crime.

00:26:22.000 So what you could get is if they pushed that fast enough and got him convicted of something, we could revisit this with, oh, well, now he's been convicted of something.

00:26:29.000 Can they kick him off?

00:26:30.000 Yeah.

00:26:30.000 But we've seen the timeline on that is getting pushed.

00:26:33.000 Exactly.

00:26:34.000 They might just not finish that in time.

00:26:35.000 Yeah.

00:26:35.000 So I want to play a piece of tape here.

00:26:38.000 This is, by the way, Clarence Thomas spoke, which is very rare for him.

00:26:42.000 He doesn't always speak in oral arguments.

00:26:44.000 This is cut 107.

00:26:46.000 This is a one-minute clip, and I want your reaction, Blake.

00:26:49.000 This is Alito basically just schooling Jason Murray.

00:26:51.000 I think Alito is the most underrated member of the court.

00:26:54.000 Play cut 107.

00:26:56.000 Of what we would do if we were if different states had adjudicated the question of whether former President Trump is an insurrectionist using a different record, different rulings on the admissibility of evidence, perhaps different standards of proof, then what would we do?

00:27:18.000 Ultimately, this court would, first of all, if there were deficiencies in the record, the court could either refuse to hear the case or it could decide on the basis of deficiencies of the record.

00:27:28.000 Well, would we have to decide what is the appropriate rule of evidence that should be applied in this case?

00:27:35.000 Would we have to decide what is the appropriate standard of proof?

00:27:39.000 Would we give any deference to these findings by state court judges, some of whom may be elected?

00:27:47.000 Would we have to have our own trial?

00:27:50.000 No, Your Honor.

00:27:50.000 This court takes the evidentiary record as it as it's given.

00:27:54.000 And here we have an evidentiary record that all the parties agree is sufficient for a decision in this case.

00:28:00.000 And then, as I discussed earlier, there's a possibility of a Bose Corp independent review of the facts.

00:28:05.000 But ultimately, what we have here is an insurrection that was incited in planes.

00:28:09.000 Like, you're really not answering my question.

00:28:11.000 It's not helpful if you don't do that.

00:28:13.000 That's not a good dialogue.

00:28:16.000 It just really stands out how Supreme Court justices are really the only big thing in the United States where you just have to be incredibly smart to get it.

00:28:25.000 Yes.

00:28:25.000 And, you know, we love a lot of members of Congress, but I don't know that there's any members of Congress who could just ruthlessly take someone apart on this.

00:28:31.000 It's also one of the few things where there is such an established hierarchy that when you're really kind of making a dumb argument, you can't like respond in like a tongue-in-cheek way.

00:28:41.000 Yeah, yeah, you can't be, you can't be witty.

00:28:43.000 You can't just make quips for the television cameras. 1.00

00:28:45.000 And if you do that, everyone will roll their eyes and think that you're really stupid. 1.00

00:28:49.000 And then they'll be more likely to rule against you. 1.00

00:28:51.000 Exactly.

00:28:52.000 So what's your decision?

00:28:53.000 What's your prediction on how this decision will come down?

00:28:56.000 There's been some stuff that, oh, maybe we'll get, you know, Katangi Brown, but I think 7-2 is the most likely outcome.

00:29:02.000 We'll get the conservative justices.

00:29:04.000 And I just don't see Kagan actually going for this.

00:29:06.000 And so 7-2 is a very likely outcome, I think.

00:29:11.000 This is Dennis Prager.

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00:30:14.000 Blake makes a really smart point, which is in politics, you want to appear, at least, as the more reasonable person.

00:30:21.000 And when the Supreme Court will rule decisively that the bad guys are trying to kick you off a ballot and that's no good, it actually makes Trump look more reasonable, which in the eyes of moderate suburban voters, I'm not going to say it's going to win them over, but it's a step in the right direction.

00:30:39.000 It also lets him play political victim.

00:30:41.000 It's classic, the anti-fragile thing.

00:30:44.000 This didn't have to happen, yet they just insisted on doing it.

00:30:48.000 And even when it happened, we talked about this. 0.98

00:30:50.000 They're just going to get smacked by the Supreme Court and it'll make them look dumb and aggressive like they were trying to undermine democracy, as they say. 0.97

00:30:57.000 And I think that's how a lot of the people will hear it. 0.98

00:31:00.000 And that could happen again.

00:31:01.000 We could see that with the Jack Smith case.

00:31:03.000 I could see that going to the Supreme Court and the Supreme Court says, you're prosecuting Trump for his public speech he gave and asking us to totally rewrite the First Amendment.

00:31:13.000 That could get struck down.

00:31:14.000 Yes.

00:31:15.000 They could strike down the New York case, say you're prosecuting him for aiding a felony that he was never charged with.

00:31:21.000 Strike that down.

00:31:22.000 Every single case they've brought against Trump, they could easily have the Supreme Court smack them down on it.

00:31:27.000 And on top of this, we could just end up where we get to September, we get to October, and there's this murderer's row of Supreme Court cases saying you guys massively overreached to try to take an election out of the hands of the voters.

00:31:40.000 But this was inevitable, isn't it?

00:31:41.000 I mean, they can't control themselves.

00:31:43.000 It's that they need to try to do everything they can to remove the risk of the election.

00:31:46.000 I don't think they would hyperventilate themselves into the emergency room.

00:31:51.000 There's that line, Trump derangement syndrome.

00:31:53.000 And it's very, it's often just, oh, this person on CNN acting wild, but it's true in a very real sense.

00:31:59.000 It's a clinical truth.

00:32:01.000 Trump and the aura around him drives people into a frenzy and he makes them do things that just were unthinkable before.

00:32:09.000 And a lot of those things are super self-destructive.

00:32:12.000 Yeah, and I think that part of them is that they believe that on election day, if there's even a chance, you're telling me there's a chance that they won't be able to live with that.

00:32:23.000 I think that they need to try to remove all risk, all chance.

00:32:26.000 And by doing so, they're actually making Donald Trump more powerful, more appealing, more reasonable.

00:32:32.000 I mean, these are great headlines for Trump right now.

00:32:34.000 I mean, these are, think about what the Trump headlines that we usually have to navigate, right?

00:32:39.000 It's truly almost nothing that has helped Trump in the last year has been from Trump himself.

00:32:45.000 It's just, they've done all these insane things.

00:32:48.000 Like even the border.

00:32:50.000 Why do they have to have this ultra open border that they can never close?

00:32:54.000 They could, but they can't because Trump was ran on the border.

00:32:58.000 So now we have to be maximum open borders.

00:33:00.000 He's the reaction against Trump turned the left into a parody of itself in a reaction against him.

00:33:07.000 And to his credit, he's kind of leaned into it.

00:33:10.000 For sure.

00:33:11.000 For sure.

00:33:11.000 He's leaned into this overreaction.

00:33:14.000 I mean, the conventional wisdom was he gets indicted.

00:33:17.000 He'll be unappealing, toxic, poisonous.

00:33:20.000 And now he's actually more popular than he even was at times during his presidency.

00:33:25.000 Exactly.

00:33:25.000 And as you mentioned, it makes him a victim, but in a much more appealing way of, oh, they don't want you to even be allowed to vote for him.

00:33:33.000 Yes.

00:33:34.000 Whereas it's definitely possible that Trump could be stewing over some other grievance of his that is less sympathetic.

00:33:41.000 If he were still running on 2020, whatever we think of that, I think a lot of voters would say, oh, that's the past.

00:33:47.000 Why is he running on the last election?

00:33:48.000 That's a smart point.

00:33:49.000 But now he's running on, they want to shut democracy down forever.

00:33:53.000 They want there to never be another election in the United States.

00:33:55.000 They've unintentionally got Trump off the 2020 story, which I'm fine with, but independent voters don't like.

00:34:01.000 Exactly.

00:34:01.000 And so he's now talking about now they're trying to kick me off the ballot, which is a clear and present danger.

00:34:06.000 And even honest liberals don't like this.

00:34:08.000 Even honest liberals are like, yeah, I don't know if we should just be removing our political opponents from ballot access.

00:34:13.000 Although, even they're going more and more deranged.

00:34:16.000 Lawrence Tribe used to be one of the most, I shudder to say, one of the most respected legal scholars in the United States for some reason. 0.99

00:34:23.000 He's a lunatic now. 1.00

00:34:24.000 And now he's nuts. 0.98

00:34:24.000 He's just, if you, he's one of the people hurt most by the existence of Twitter, because before Twitter, he would just be this guy in the academy with this, you know, all this aura of respect around him. 0.98

00:34:35.000 And now you can just see what he says day to day. 0.52

00:34:37.000 And the man is not mentally well.

00:34:40.000 He is having, he's now in year five or six of a progressive mental breakdown.

00:34:44.000 No, that's right.

00:34:45.000 Induced by Donald Trump.

00:34:47.000 And we're seeing that with a lot of other people.

00:34:49.000 And I think some of them are coming to their senses only in the sense of they're looking around and saying, guys, we're going to lose and we're going to lose entirely because of things we chose to do.

00:34:58.000 I'm going to say this.

00:34:59.000 And Blake, I don't know if you agree, but I just, the way that they're behaving, it's as if they're trying to set the table for a lone wolf lunatic to try to assassinate Donald Trump.

00:35:08.000 I hope that's not the case.

00:35:09.000 I mean, it's, I mean, they would definitely cheer it on if it happened.

00:35:12.000 I don't think it's a calculated plan, but I think even what I've heard from others is there's not really a centralized plan to take down Trump, which is why this happened.

00:35:20.000 Fair enough.

00:35:20.000 But what they're doing is they hope they subconsciously hope for it.

00:35:23.000 And if it happened, they would justify it and celebrate it.

00:35:26.000 They would throw a parade.

00:35:27.000 For sure.

00:35:27.000 Because they'd say, Well, we've tried everything else.

00:35:28.000 There's nothing else we could try.

00:35:30.000 All right, Blake, excellent.

00:35:31.000 Thank you for that.

00:35:32.000 Email us freedom at charliekirk.com.

00:35:34.000 Trump just gets stronger, but in reality, you guys get stronger because it's a movement with a single individual leading it, but it's a movement first.

00:35:44.000 Thanks so much for listening, everybody.

00:35:46.000 Email us as always, freedom at charliekirk.com.

00:35:48.000 Thanks so much for listening, and God bless.

00:35:52.000 For more on many of these stories and news you can trust, go to CharlieKirk dot com.

The Charlie Kirk Show - February 08, 2024

The First SCOTUS Battle of 2024

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