00:00:00.000Today on the Charlie Kirk Show, Will Sharf walks us through the legal implications regarding Donald Trump, the collusion against him via the White House Counsel's office and Biden interfering in the 2024 election.
00:00:11.000Then we get to Josh McCun, who runs the Georgia GOP.
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00:01:44.000Keep the big thing, the big thing, the main thing, the main thing.
00:01:47.000If they are able to convict Donald Trump, put him on house arrest, they can interfere with the 2024 election in a way that will make the mail-and-ballot COVID Twitter stuff of 2020 look like child's play.
00:02:02.000It is mission critical that we get as close to a traditional election in 2024 as possible.
00:02:39.000What happened yesterday in Washington, D.C.
00:02:42.000So, yesterday we had arguments in front of the D.C. Circuit on this crucial issue of presidential immunity.
00:02:48.000Our view is that a president has full immunity from criminal prosecution for acts that fall within the outer perimeter of his official responsibilities as president, unless he's first impeached and convicted, as set out in the Constitution.
00:03:04.000No president in American history before Donald J. Trump, no former president, has ever been criminally indicted for his acts in office.
00:03:13.000We think that precedent speaks for itself, and we're hopeful that ultimately our theory is going to be vindicated in the courts.
00:03:21.000But I want to get back to something that you said in your lead-in.
00:03:24.000The crucial thing to remember here is that all of these cases against President Trump, whether it's the bogus criminal prosecutions being brought by special counsel Jack Smith, whether it's the New York civil case that he's facing, up and down the line, whether it's Georgia, this is all about election interference.
00:03:43.000This is all about keeping President Trump tied down with legal matters so that he can't campaign as effectively as he would be able to otherwise.
00:03:52.000Every revelation that has come out in the last few months, the more we learn about the initiation of these prosecutions of all of these cases, it is abundantly clear that this is all part of a larger plan by the Biden administration to interfere with their principal political rival, Donald Trump, who, by the way, is crushing Joe Biden in polls all over the country.
00:04:16.000And I just, this sideshow, this Jerry Springer thing happening right now in Congress, I just, yesterday was the big news.
00:04:24.000So there's these oral arguments that are happening.
00:04:27.000And so the regime narrative is this, Will.
00:04:30.000And I just want you the best, I know that there's privileged arguments and all this, but do the best you can to help us navigate this.
00:04:36.000They go to such ridiculous extremes and they say, well, let's say that President Trump has a state of the union and he takes out a gun and kills somebody.
00:04:45.000You're trying to say that he can't be indicted.
00:05:02.000So yesterday, Judge Pan on the D.C. Circuit, a Biden appointee to the D.C. Circuit, asked my colleague John Sauer, under your theory, could the president order SEAL Team 6 to go kill somebody?
00:05:14.000And would he still have presidential immunity?
00:05:16.000And our answer is a president giving an order to the military is a quintessentially presidential act.
00:05:24.000If you're saying a president doesn't have criminal immunity for that sort of act, if you don't have to go through the impeachment and conviction process set out in the Constitution before prosecuting a president for something like that, well, then any prosecutor in the country could indict Barack Obama for the drone strike that killed two American citizens when he took out Anwar al-Al-Laki.
00:05:47.000Any prosecutor in the country could potentially indict George W. Bush over acts relating to the Iraq war.
00:05:54.000The argument that they're making is incredibly radical in its scope and breadth.
00:05:59.000And that's why the Constitution sets up such a careful system of separation of powers, balancing branch of government against branch of government and ensuring essentially that presidents will have freedom of action to exercise the weighty responsibilities that are entrusted to them by the Constitution.
00:06:17.000So this was an attempt by a judge to frame a very simple question in the most radical way possible.
00:06:25.000A president's orders to the military, a president's orders to the departments and agencies that fall under his control, a president has absolute criminal immunity for those acts unless he's first impeached and convicted.
00:06:39.000That's the way the Constitution works.
00:06:41.000That's been totally uncontroversial for the entirety of American history until we had a president named Donald J. Trump, who the left is willing to walk over landmines, to shred the Constitution, to shred the rule of law to get because they are so scared of him winning the presidency next fall.
00:07:01.000And it's important to remember, impeachment can occur post-presidency.
00:07:04.000If not mistaken, the Senate took a vote after Trump was out of office with the second impeachment.
00:07:11.000I could be wrong, but impeachment can occur even when the president is no longer in office.
00:07:16.000The point being is that is the constitutionally mandated, the constitutionally prescribed way to hold a president accountable for conduct remedy.
00:07:28.000Outside of the constitutional part, there has been an unspoken tradition, though, that I think is actually a good idea, which is we don't indict former presidents, the norm, because it just creates this ugly, messy, eventually, I'm going to go after you.
00:07:50.000Now, this will not be persuasive to any of these judges, obviously, but can you just talk about the damage this is doing to the binds that tie us together?
00:08:00.000It is the elimination of the norms that allow us to be a country, not a colony constantly at war with one another.
00:08:09.000You know, Charlie, I think you know, I used to be a federal prosecutor, and we were trained that prosecutions are never supposed to be political.
00:08:16.000They're never even supposed to look political because the power of prosecution, the power of the state, is so vast and weighty that if you start leveraging it for political purposes, it's the end of the republic.
00:08:27.000That's why it's so outrageous what they're doing to President Trump.
00:08:31.000They're not indicting him for anything that he did.
00:08:33.000They started with the presumption that they wanted to criminally indict him.
00:08:56.000Without that tradition, without those procedural safeguards, we're talking Banana Republic stuff.
00:09:02.000And that's where I fear this country is going.
00:09:04.000An endless cycle of political recrimination and prosecution that will leave our government totally unable to protect Americans' rights, to do its duties.
00:09:14.000What Joe Biden has unleashed here is one of the scariest things constitutionally that's happened in the history of our republic.
00:09:22.000And we're reluctantly going to respond, meaning I've been calling for DAs and AGs to fight fire with fire.
00:09:29.000And reluctantly, because we know where this goes, this goes into a direction where we're not actually a country.
00:09:59.000When you look at the appellate process that we're in right now, we believe that if these issues of presidential immunity are considered with the deliberation that they deserve, that that could stretch the timeline before a trial.
00:10:13.000And no trial should happen here, by the way.
00:10:16.000But we think that could stretch the timeline well beyond election day.
00:10:20.000And I think if the Supreme Court treats this case as it would any other case, we would likely see oral argument on this case maybe next November or December.
00:10:30.000But again, the point of these prosecutions is exactly what you said, which is forcing President Trump to sit in courtrooms like he did yesterday instead of campaigning in places like Iowa.
00:10:41.000I mean, it's so clear that that's the motive here, and that's a real problem.
00:10:51.000Okay, Kirk fans, I need you to stop and pay attention to this.
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00:12:58.000I'm not representing President Trump in Georgia, but the team that I work with, my team has worked closely with Steve Sadow and President Trump's attorneys in Georgia, who are doing an outstanding job, by the way.
00:13:10.000So it's a case we're all tracking pretty closely.
00:13:12.000So, yeah, I mean, I don't want to put you in a difficult spot to answer a question, but just macro, what are your takes on some of these recent developments?
00:13:20.000The 127-page filing that Big Fanny Willis very well might have a relationship with this personal injury lawyer, Nathan Wade, that he had 16 billable hours to the White House counsel's office with Joe Biden.
00:13:32.000Just talk about, you're a federal prosecutor, former federal prosecutor, Will, super smart guy.
00:13:36.000If these end up being true, if these allegations are true, what would that mean?
00:13:42.000Yeah, so President Trump actually said yesterday during his press conference that it now looks like Fannie Willis is in more criminal trouble than any of the defendants in her case down in Georgia.
00:13:54.000What happened here is that Fannie Willis hired a private attorney, Nathan Wade, to be a special prosecutor to bring this election case down in Georgia.
00:14:04.000They've paid him, I believe, over $700,000 now.
00:14:08.000It turns out that he's actually her secret boyfriend, that they're having an affair, and that he has lavished her with gifts, with vacations, with all sorts of stuff.
00:14:19.000So that's issue number one, that this prosecution is just totally corrupt.
00:14:24.000And there are very serious issues relating to potentially federal honest services fraud or bribery charges that could be brought against Fannie Willis.
00:14:32.000Issue number two is that Nathan Wade had a meeting with the White House counsel's office in November of 2022.
00:14:41.000Now, the date of that meeting is very important because the day he was at the White House counsel's office is the same day that Merrick Garland appointed Jack Smith to be special counsel.
00:14:53.000The timing there is uncanny, and it speaks to what we've spoken about before, which is that all of these cases, federal and state alike, I believe, are part of a much bigger campaign of election interference that's being guided by the Biden White House and by Joe Biden himself.
00:15:15.000Are you saying that the White House counsel's office, which is unique, that's not the Department of Justice, that technically is they are there to protect the president of the United States and advise on legal matters.
00:15:27.000Are they operating as the hub, the offensive coordinator for multiple indictments in multiple jurisdictions, both on the federal and the state level?
00:15:36.000The rabbit hole goes way deeper than that, Charlie.
00:15:39.000You have a former White House counsel's office official named Calangelo, who previously worked with Tish James in New York, who then showed up in the Biden White House Counsel's office, and who then ended up in Alvin Bragg's office, the DA in New York that's prosecuting President Trump for bogus business records violations.
00:15:59.000So it does seem that there's an awful lot of stuff happening in the White House counsel's office relating to these political prosecutions of President Trump.
00:16:09.000When we talk about this campaign of lawfare being a campaign of election interference, being a coordinated campaign to interfere with President Trump's First Amendment rights, I think there's a lot there.
00:16:21.000And I suspect that in the coming weeks and months, we're going to find out even more.
00:16:25.000It's a steady drip, drip, drip of stories.
00:16:28.000And the latest revelations about Fannie Willis's corrupt prosecution in Georgia, I think, are front and center in that sort of a dynamic.
00:16:47.000I think it certainly shows political bias.
00:16:50.000I think there certainly may be political ramifications or legal ramifications for this.
00:16:56.000Unfortunately, there are strong doctrines that prevent the use of civil litigation from interfering in ongoing criminal litigation.
00:17:04.000The reason for that is we typically presume that prosecutions are conducted in an upstanding above-the-board sort of way, which is the exact opposite of what we're seeing in these cases.
00:17:16.000So it's a very difficult situation, but we're obviously looking at all options.
00:17:20.000President Trump is looking at all options.
00:17:22.000And I think that as more information comes out about these prosecutions, about where they come from, about how they originated, I think the whole story just looks much, much worse for Joe Biden and much better for President Trump.
00:17:40.000You know, every show you have to decide what you're going to focus on.
00:17:44.000We will see how deep this rabbit hole goes.
00:17:46.000I am convinced on a gut, an instinct, a soul level that somebody, maybe not Joe Biden himself, somebody in the Eisenhower executive office building is calling shots.
00:17:58.000And if we can prove it, it makes Watergate look like child's play and we can get dismissals and we can get a restoration of the 2024 election.
00:18:06.000Will, excellent job, and support him for Attorney General in Missouri.
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00:19:48.000If we chip away at this, I'm telling you, if we dedicate 30 days to this, FOIA requests, subpoenas, committee hearings, you get Brian Kemp off his tail, which we're going to talk about in a second, we can restore the 2024 election.
00:20:05.000We want an election that is not a selection.
00:20:08.000We want a representative election, not an oligarchy.
00:20:12.000And right now, we're headed for an oligarchy.
00:20:14.000We're heading for indictments that interfere with election.
00:20:17.000But if you can get Big Fanny Willis and the Biden White House on defense on this, we have a real shot, everybody.
00:20:23.000All of a sudden, we have a shot going into November.
00:20:26.000I cannot emphasize the weight, the gravity, and the significance.
00:20:30.000And we're not going to lay off of this.
00:20:33.000This is the closest we have seen to getting the facts that there's a coordination hub, that there is an offensive coordinator in the press box calling the shots of what we are seeing.
00:20:53.000Josh, we know that the radical left is responsible for weaponizing our justice system.
00:20:59.000They're trying to turn Georgia into a blue state.
00:21:02.000Just kind of riff as the chairman of the Georgia Republican Party on some of these developments we've learned in the last couple of days.
00:21:10.000Well, we already knew, Charlie, and thank you for having me on today, about many improprieties in this case.
00:21:17.000Nathan Wade trying to solicit some of the people he was prosecuting, sending out direct mail pieces saying, I'll be your defense attorney, not getting the oath of office as a special prosecutor when he was supposed to under Georgia law.
00:21:32.000But obviously, this week's revelations have just been shocking.
00:21:36.000That he, the allegation being that he's in a romantic relationship with Fannie Willis, that that was occurring before she selected him, that she has transferred hundreds of thousands of taxpayer dollars to him to prosecute this case, that he in turn has showered her with gifts, giving both of them a financial incentive to keep these cases going on no matter what.
00:21:59.000And as you referenced just moments ago, the revelations from his billing records that he's been spending time with the Biden White House, potentially coordinating all of these moves.
00:22:10.000So obviously, we called yesterday for an immediate halt to all these proceedings, for an independent investigation into Willis and to Wade, both potential impropriety, perhaps even criminality here.
00:22:23.000The people deserve to know what's going on.
00:22:25.000And we've been saying from the beginning, this was a witch hunt that needed to end.
00:22:29.000I really think there can be no more debate at this point that it should be over.
00:22:34.000Josh, you're doing a great job running the Georgia GOP.
00:22:37.000You're going to have to educate me, though.
00:22:39.000Why is the Georgia House of Representatives and the Senate, why are they sitting on their hands and just allowing Big Fanny to do all this stuff?
00:22:48.000It is, it's really shocking to me, given, let's just say at the very least, let's take the Biden White House thing out of the picture.
00:22:56.000We have evidence that Fannie Willis did not follow Fulton County commissioner law and guidelines to get reimbursements for somebody.
00:23:06.000She had to get that approved by a board.
00:23:08.000She herself could not approve it because of a conflict of interest.
00:23:11.000They might have a romantic relationship.
00:23:13.000Where is the Georgia legislature on this?
00:23:16.000So last year, Charlie, the legislature passed a law to create an oversight commission for district attorneys.
00:23:23.000Under Georgia law, there had really been no check on DAs in our state.
00:23:27.000The Supreme Court threw a wrench into that a few months ago.
00:23:31.000Legislature, as recently as yesterday, is moving to make changes to that law so that the qualifications commission that has been appointed can move forward on complaints that have been filed against Willis by Georgia Senate Republicans so that this investigation can take place and that sanctions can issue, including her removal from office.
00:23:52.000So, do you think that's going to happen?
00:24:02.000So, the General Assembly funds district attorney's offices partially.
00:24:08.000I would say about 90% of the money funding Fannie Willis's office comes from Fulton County.
00:24:14.000And if you know anything about the Fulton County Commission, it's a majority Democrat commission.
00:24:20.000They're holding up one of our appointments to their Board of Elections right now.
00:24:23.000I think that if the legislature took away the 10% or so that goes to her office, the Fulton County Commission would backfill that.
00:24:31.000But obviously, the legislature could do that.
00:24:34.000It would be more of a symbolic gesture than actually bringing this case to a halt.
00:24:38.000I think what has to happen is Judge McAfee has to bring everybody in.
00:24:43.000He has to say these proceedings are going to be stayed pending a full independent investigation into all of these different aspects of impropriety that have been revealed this week.
00:24:53.000So, correct me if I'm wrong, but can't Governor Kemp also fire Fannie Willis if he wanted to?
00:25:01.000So, the Qualifications Commission, if they recommend it, then at that point, there would be an involvement from the governor's office.
00:25:10.000If she's indicted herself, if she's indicted of a criminal offense, the governor can then suspend her and then she would be ultimately removed if she was found guilty of a criminal offense.
00:25:23.000But that is really the extent of his authority with regard to being able to remove her and bring this matter to an end.
00:25:32.000In my opinion, the best way for this to move forward is for the qualifications commission, the legislature, to get them moving immediately by making this legislative fix, hopefully this week or next week, and then for the commission to intervene in the criminal case, ask that that be stayed until their investigation can be completed.
00:25:51.000So, Josh, you have a battle on your hands.
00:25:52.000Can you just walk our national audience through sometimes just because people that have an R in front of their name?
00:25:58.000And I know you're chairman of the GOP and you're trying to put all the tribes together, but I'm sure that some of your headaches and frustration are people who call themselves Republicans, but don't necessarily don't act like them.
00:26:09.000Yeah, we certainly have a problem in our state, and I don't think it's limited to Georgia in that there are a lot of different folks that have different agendas.
00:26:20.000My agenda is very simple: it is to elect a Republican president in November, and it is to get our presidential electors and everybody caught up in this bogus criminal witch hunt that Fannie Willis started cleared.
00:26:36.000People have spent over two years of their lives just on hold.
00:26:40.000And we're not just talking about the three folks that got indicted, the electors that got indicted, but we're talking about an 80-year-old grandmother who spent two years wondering when there was going to be a knock at the door and be arrested and taken away from her family.
00:26:55.000It's just a terrible situation that they've been put through for two years.
00:27:00.000And I believe that with these revelations, I think that all Georgia Republicans are coming together with the idea that this case has to end.
00:27:33.000I just imagine that they are probably shaking at the ramparts right now while their once red state of Georgia, you have Raphael Warnock and John Osif.
00:27:46.000You have a ridiculous indictment of not just President Trump, but of America's great mayor, Rudy Giuliani, and Mark Meadows.
00:27:56.000What is the average Georgia grassroots GOP activist thinking about this?
00:28:06.000Everything that's happened 2020 going forward, all the issues with the 2020 election, the drop boxes that were installed without the legislature's say-so, the mobile voting units, the end of signature verification with absentee ballots.
00:28:26.000People are furious about that, and they're obviously furious about the consequences that we are now seeing.
00:28:30.000As I mentioned earlier, we get two appointees to the Fulton Elections Board.
00:28:36.000Fulton County is going to play a critical role in our election.
00:28:39.000Even though it's a Democratic county, we have a tremendous number of Republican votes in Fulton County, and we're being denied one of our two representatives on the elections board.
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00:31:13.000And by the way, if you, just as a side note, because, you know, there's a lot of chattering people that just sit around and they do nothing.
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00:33:12.000It should be about election integrity.
00:33:14.000It should be about county chairs, not just the graft, not just let's pretend losing is winning.
00:33:21.000And we said, why don't we just host our own alternative RNC meeting in the same town a couple days before, bring in state party chairs, bring in the county chairs.
00:33:33.000By the way, Rana has never brought in the county chairs.