The Charlie Kirk Show - February 08, 2024


The Great Supreme Court Flop


Episode Stats


Length

17 minutes

Words per minute

171.20389

Word count

2,939

Sentence count

205

Harmful content

Toxicity

11

sentences flagged

Hate speech

7

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

Mike Davis joins us for a brief update regarding the lawfare against Trump, and how the Supreme Court is going to rule. Mike also makes a prediction about how the Court will rule on the Colorado Supreme Court case where they tried to disqualify President Trump from the Republican Primary in Colorado based upon a bogus reading of Section 3 of the Constitution.

Transcript

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Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 Hey everybody, it's in the Charlie Kirk Show.
00:00:01.000 Mike Davis joins us for a flash update regarding the lawfare against Trump and how the Supreme Court is going to rule.
00:00:08.000 Mike Davis makes a prediction.
00:00:10.000 Email us as always, freedom at charliekirk.com.
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00:00:17.000 Buckle up, everybody.
00:00:18.000 Here we go.
00:00:19.000 Charlie, what you've done is incredible here.
00:00:20.000 Maybe Charlie Kirk is on the college campuses.
00:00:22.000 I want you to know we are lucky to have Charlie Kirk.
00:00:26.000 Charlie Kirk's running the White House, folks.
00:00:29.000 I want to thank Charlie.
00:00:30.000 He's an incredible guy.
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00:01:17.000 Joining us now is Mike Davis from the Article 3 Project.
00:01:20.000 Mike, thanks for taking the time.
00:01:21.000 Mike, walk us through what happened today in the Supreme Court.
00:01:24.000 We got lots of time.
00:01:25.000 You know, walk us through it all.
00:01:26.000 The Supreme Court today heard the Colorado Supreme Court case where they tried to disqualify President Trump from the Republican primary ballot in Colorado based upon a bogus reading of Section 3 of the 14th Amendment.
00:01:44.000 We enacted the 13th, 14th, and 15th Amendments after the Civil War to outlaw slavery, guarantee equal protection and due process to the freed slaves and to guarantee voting rights to the freed male slaves.
00:01:59.000 And after the Civil War, you started to see Confederate sympathizers who engaged in insurrection or rebellion against the United States winning office, including in the House of Representatives and undermining the post-Civil War Reconstruction effort, undermining the union.
00:02:14.000 So they added Section 3 to the 14th Amendment to disqualify those who engaged in insurrection or rebellion against the United States from holding office.
00:02:24.000 And more than 150 years ago, there is a controlling case by then Chief Justice Solman Chase, the Griffins case, that if you want to disqualify under Section 3 of the 14th Amendment, Congress has to pass a federal criminal statute for insurrection or rebellion with a disqualification clause, which Congress did 155 years ago.
00:02:50.000 It's stolen the books.
00:02:52.000 You have to have a federal grand jury indict.
00:02:55.000 A federal jury finds guilt unanimously with evidence beyond a reasonable doubt.
00:03:00.000 A federal judge has to convict, and that conviction must be upheld on appeal for insurrection or rebellion with that disqualification provision.
00:03:08.000 That's the only way you can disqualify.
00:03:10.000 You can't have four partisan Democrat justices on the Colorado Supreme Court or an unelected non-lawyer Secretary of State in Maine like Shenabellos just unilaterally decree that someone committed an insurrection and therefore we're going to take away the choice of American voters to vote for the candidate they want, right?
00:03:34.000 That is the most anti-democratic thing imaginable.
00:03:37.000 The Supreme Court was right. 0.68
00:03:39.000 They were all over this.
00:03:41.000 I thought this would be a six to three decision.
00:03:43.000 It should be nine to nothing.
00:03:44.000 Well, we don't know the decision yet.
00:03:46.000 So can you tell our audience?
00:03:47.000 I don't want to get too ahead of it, but why do we think we know, Mike?
00:03:51.000 Because, I mean, you've been around, you've clerked.
00:03:53.000 Can you just fill us in on that?
00:03:55.000 I mean, the questioning today by the conservative judges, the six Republican-appointed justices, was predictable, but this case went so badly for the anti-Trump forces that even Justice Elena Kagan and Justice Katanji Brown Jackson sounded extraordinarily skeptical of the anti-Trump position.
00:04:16.000 So this could be at least a six to three, maybe a seven to two, maybe an eight to one.
00:04:22.000 I doubt it's nine to nothing because Soda Mayor sounded pretty dug in on her position.
00:04:28.000 But this is going to be an overwhelming victory at the Supreme Court for President Trump.
00:04:33.000 And I imagine the Supreme Court's going to rule pretty quickly here, maybe within the next 30 days or so.
00:04:39.000 Soda Mayor is one of the least appreciated radicals in the country.
00:04:43.000 I mean, if you read some of her opinions, it's complete psychobabble at times.
00:04:48.000 I mean, it's just the affirmative action one in particular, I remember Blake highlighted, they just make stuff up. 0.85
00:04:54.000 They're like, yeah, we know what the law says, but what the greater good is what we want.
00:04:58.000 I mean, so I wouldn't put it past that.
00:05:01.000 But Kagan, I think, was always the one that, I mean, Mike, fill us in on some of the line of questioning.
00:05:07.000 There has to be some check in the gut of Kagan or Katangi Brown Jackson or whoever. 0.94
00:05:13.000 Like, huh, if they do this to Biden, that I mean, if they do this to Trump, they could do this to Biden.
00:05:18.000 Like, this is not a great precedent when someone's not even convicted of the thing.
00:05:22.000 Yeah, I mean, I think what bothered Kagan the most is she was asking questions of her former law clerk, Jason Murray, who was arguing for the anti-Trump forces.
00:05:31.000 He also, Jason Murray also clerked for Gorsuch on the 10th Circuit.
00:05:34.000 He's actually a good guy, but he got decimated today.
00:05:38.000 He got destroyed by these Supreme Court justices, including by Kagan.
00:05:41.000 And Kagan's biggest concern and oral argument, it seemed, is that a single state can decide the election, which is just crazy, right?
00:05:50.000 She understood that the presidential election is national in scope, and you can't just have a presidential candidate win or lose by default because these states are playing games with the disqualification clause in Section 3 of the 14th Amendment.
00:06:06.000 And Justice Jackson really surprised me today because I did not think that there was any chance of getting her, but she raised the question that she doesn't think that Section 3 of the 14th Amendment even applies to the president of the United States, that the president is not an officer of the United States under the meaning of that.
00:06:27.000 I heard this, and honestly, this even went above my head.
00:06:29.000 It was just so wonky.
00:06:30.000 Just make it in layman terms, Mike.
00:06:33.000 What were they talking about?
00:06:33.000 Officer, president?
00:06:34.000 What the heck's going on here?
00:06:35.000 Essentially, the president's not an officer because he's elected by the American people.
00:06:39.000 The people who work for the president, like cabinet secretaries or military officers, are officers, but the president is not an officer under, and so you can't disqualify him under section three of the 14th Amendment.
00:06:52.000 This disqualification provision, they were concerned about members of the House of Representatives and local offices.
00:07:00.000 They were not concerned about the president of the United States who was elected through the Electoral College and through a national election.
00:07:07.000 So does this, and a question I asked earlier, will this take care of the main case as well?
00:07:13.000 Will this be a decisive enough ruling potentially where we can just thwart all these little salvos and volleys from these radical leftists?
00:07:22.000 I think so just by listening to Kagan and Jackson's questioning today.
00:07:26.000 It seems like they've had enough of this. 0.97
00:07:29.000 And frankly, this is really dumb by the Democrats in this lawfare campaign. 0.97
00:07:34.000 This is like their Michael Avenatti case. 1.00
00:07:36.000 It's such a stupid case, laughably stupid. 1.00
00:07:39.000 It's going to be overwhelmingly reversed by the Supreme Court of the United States, including by probably two of the three Democrat appointees on the Supreme Court. 1.00
00:07:49.000 And it undermines the credibility of the Democrats and their overall lawfare against President Trump, like what the Democrats did when they undermined their credibility with their Michael Avenatt claims against Kavanaugh during the Kavanaugh confirmation.
00:08:02.000 They couldn't just stick to Christine Blasey Ford, who was lying through her teeth, but was the most credible.
00:08:08.000 They brought in five other bogus allegations, including Michael Avenati and Julie Swetnicks.
00:08:13.000 Same thing here with this lawfare.
00:08:15.000 They can't just stick to the obstruction case on the Mar-a-Lago raid.
00:08:19.000 And I can argue all day why there's not obstruction.
00:08:22.000 And that was perfectly legitimate with what President Trump did, but that's their strongest case.
00:08:27.000 They couldn't just stick to that.
00:08:28.000 So they brought in all these January 6th bozo cases, these illegal gag orders, these fraud cases for non-fraud.
00:08:36.000 Gene Carroll, this disqualification. 0.96
00:08:39.000 These Democrats are like the fat kids at the all-you-can-eat buffet. 0.99
00:08:42.000 They can't help themselves. 0.99
00:08:47.000 Hey, everybody, Charlie Kirk here.
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00:09:39.000 I think so highly of Mike Lindell.
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00:09:49.000 Yeah, and it just talking about Lawrence Tribe.
00:09:54.000 I want to play actually George Conway.
00:09:56.000 Yeah, that's going to be helpful.
00:09:57.000 We haven't played this.
00:09:58.000 Blake pulled it for us.
00:09:59.000 I'd love your reaction to this.
00:10:01.000 He's having a tough day.
00:10:02.000 Play Cut 109.
00:10:04.000 Where there's a will, there's a way.
00:10:05.000 And this court, from the get-go, from the first minute of argument, made clear it does not want to go down the path of disqualification.
00:10:14.000 And they are going to take the best off-ramp they can find.
00:10:17.000 They're not buying this, the argument that the 14th Amendment can only be enforced by Congress.
00:10:23.000 They're saying they're going to write, as Steve said, a much narrower opinion saying the states cannot individually do this and state functionaries, the state courts can't do it to the president.
00:10:33.000 And the funny thing about it is, we don't know where the exit's going to end because the question of, well, what happens if he is an insurrectionist and the states don't disqualify him?
00:10:46.000 Well, he gets and it gets elected.
00:10:47.000 What do you do then?
00:10:48.000 It's not clear.
00:10:49.000 So we don't know where this off-ramp goes, but they're happy to just get off the highway.
00:10:55.000 Mike, did you say when there's a will, there's a way?
00:10:57.000 Is that another way of saying that we're just going to kind of make up whatever goofy argument we have to get Trump?
00:11:02.000 Am I hearing that correctly?
00:11:04.000 Yeah, and they've been doing this for 18 months.
00:11:06.000 I mean, they've been doing it longer than that.
00:11:08.000 They impeached him twice for nonsense.
00:11:10.000 They indicted him four times for non-crimes.
00:11:13.000 They've illegally gagged him several times.
00:11:15.000 They're trying to bankrupt him through these bogus fraud lawsuits and Gene Carroll's lawsuit.
00:11:20.000 That all backfired.
00:11:21.000 So they threw this legal Hail Mary to just take him off the ballot because they know that he's going to win on November 5th, 2024.
00:11:28.000 So they just want to take away that choice from the American people. 0.90
00:11:32.000 They are showing the American people how crazy they are. 0.87
00:11:37.000 And this is backfiring on them. 0.97
00:11:39.000 And they keep doubling down.
00:11:41.000 It's going to continue to anger the American people because the American people resent the fact that these Democrats, prosecutors, and attorneys, and these Democrat judges, and these Democrat juries, and these Democrat hellholes think that they get to decide the presidential election instead of the American people.
00:12:00.000 This is not going to fly with the American people.
00:12:04.000 Yeah, it seems it's against every tradition, every process.
00:12:08.000 And it's a common point, but it's worth repeating because it's true. 0.99
00:12:11.000 The people that have democracy tattooed to their forehead are the ones that want less options.
00:12:19.000 They don't want will of the people.
00:12:20.000 We want the will of the people.
00:12:22.000 We want the people to be the sovereign.
00:12:24.000 It's the only form of government that can sustain us and honestly heal our land.
00:12:28.000 And they want something different.
00:12:30.000 What that is, is a weird mixture of an oligarchy and mob rule at times and the kind of consent of the experts, in addition to this kind of soft philosopher king class.
00:12:45.000 It's unhealthy.
00:12:46.000 It's not American. 0.81
00:12:47.000 Talk about Article III project.
00:12:49.000 We're going to keep you on here, Mike.
00:12:50.000 Talk about your deal.
00:12:51.000 Yeah, I mean, the Article III project, I started this thing to fight for Trump's judicial nominees.
00:12:56.000 And then when Biden won, we opposed Trump's, we opposed Biden's judicial nominees.
00:13:01.000 But where I saw a void that we really stepped in and filled was this lawfare against President Trump.
00:13:08.000 And right?
00:13:08.000 And it's not going to end with President Trump.
00:13:10.000 They're going after Trump's lawyers, his top aides, his supporters on January 6th.
00:13:15.000 They're going after parents outraged by gender chaos.
00:13:19.000 They're going after Christians praying outside of abortion clinics while they're giving amnesty to Biden, his family, Antifa, Hamas, BLM. 0.72
00:13:29.000 This is not going to end well for our country.
00:13:32.000 And that's why the Article 3 project has been fighting this every day for the last 18 months since the Mar-a-Lago raid.
00:13:39.000 Let's play Cut 114, and I'd love to have Mike Davis react to Cut 114.
00:13:43.000 Your argument is that it's not self-executing, but then in that case, what would the role of the state be?
00:13:52.000 Or is it entirely up to Congress to implement the disqualification in Section 3?
00:14:00.000 It is entirely up to Congress, Justice Thomas.
00:14:02.000 And our argument goes beyond actually saying that Section 3 is non-self-executing.
00:14:07.000 We needed to say something more than that, because a non-self-executing treaty or a non-self-executing constitutional provision normally can still be enforced by a state if it chooses to enact legislation.
00:14:18.000 But if this court were to adhere to the holding of Griffin's case, there would not be any role for the states in enforcing Section 3 unless Congress were to enact a statute that gives them that authority.
00:14:28.000 Mike, what's going on here?
00:14:29.000 Well, I think that Jonathan Mitchell is an outstanding attorney for President Trump, and he very smartly and ably handled all of these very tough questions and really won this case at Oral Arguments Day, which you don't see happen very often.
00:14:45.000 It seems like he brought Justice Kagan and Jackson over to President Trump's side in oral arguments today.
00:14:51.000 And basically, what Trump, through his attorneys, is arguing that is if you want to disqualify an officeholder under Section 3 of the 14th Amendment passed after the Civil War to chase out of office insurrectionists, Confederate insurrectionists, and people who engaged in rebellion, Congress has to pass a federal criminal statute on insurrection or rebellion, which Congress did more than 150 years ago.
00:15:19.000 That's the only way that you can disqualify under Section 3.
00:15:23.000 And they cite it's the Griffins case, which was by then Chief Justice Solomon Chase, who was writing circuit.
00:15:31.000 He was on the Supreme Court, but he was hearing a federal appellate case called the Griffins case.
00:15:36.000 And it's the controlling case.
00:15:37.000 It's the only case on point that holds just that.
00:15:40.000 You can't just disqualify through four partisan Democrat judges on the Colorado Supreme Court or an unelected non-lawyer Secretary of State, Shetta Bellows, in Maine.
00:15:52.000 You have to do it through the federal criminal process.
00:15:55.000 All right, really quick, I'm going to put you on the spot rapid fire.
00:15:58.000 Will Donald Trump be convicted before Election Day?
00:16:01.000 No, he won't be convicted because presidential immunity has to be decided on the January 6th case that was supposed to start in March.
00:16:09.000 The Supreme Court's going to have to take that case because the D.C. circuit screwed up the case law so badly and set a terrible precedent.
00:16:18.000 And so the Supreme Court is going to have to take and decide that case and Trump will not be convicted before the election.
00:16:25.000 Do you think that he will have to stand trial for Alvin Bragg or Fannie Willis?
00:16:29.000 Or do you just think there will be no trials before Election Day?
00:16:33.000 No, he will not.
00:16:34.000 The only case that had a chance of going to trial before Election Day was the January 6th case in D.C.
00:16:41.000 That is going to be delayed beyond Election Day because the Supreme Court is going to have to decide presidential immunity because the D.C. circuit screwed it up so badly.
00:16:51.000 Got it.
00:16:52.000 Mike Davis, excellent work.
00:16:53.000 Thank you so much.
00:16:55.000 Thank you.
00:16:58.000 Thanks so much for listening.
00:16:59.000 Everybody, email us as alwaysfreedom at charliekirk.com.
00:17:02.000 Thanks so much for listening and God bless.
00:17:06.000 For more on many of these stories and news you can trust, go to CharlieKirk. com.