00:00:31.000His spirit, his love of this country, he's done an amazing job building one of the most powerful youth organizations ever created, Turning Point USA.
00:00:40.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
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00:01:26.000The 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.
00:01:44.000We 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.
00:01:59.000And 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.
00:02:14.000So they added Section 3 to the 14th Amendment to disqualify those who engaged in insurrection or rebellion against the United States from holding office.
00:02:24.000And 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.
00:02:52.000You have to have a federal grand jury indict.
00:02:55.000A federal jury finds guilt unanimously with evidence beyond a reasonable doubt.
00:03:00.000A federal judge has to convict, and that conviction must be upheld on appeal for insurrection or rebellion with that disqualification provision.
00:03:08.000That's the only way you can disqualify.
00:03:10.000You 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?
00:03:34.000That is the most anti-democratic thing imaginable.
00:03:55.000I 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.
00:04:16.000So this could be at least a six to three, maybe a seven to two, maybe an eight to one.
00:04:22.000I doubt it's nine to nothing because Soda Mayor sounded pretty dug in on her position.
00:04:28.000But this is going to be an overwhelming victory at the Supreme Court for President Trump.
00:04:33.000And I imagine the Supreme Court's going to rule pretty quickly here, maybe within the next 30 days or so.
00:04:39.000Soda Mayor is one of the least appreciated radicals in the country.
00:04:43.000I mean, if you read some of her opinions, it's complete psychobabble at times.
00:04:48.000I mean, it's just the affirmative action one in particular, I remember Blake highlighted, they just make stuff up.
00:04:54.000They're like, yeah, we know what the law says, but what the greater good is what we want.
00:04:58.000I mean, so I wouldn't put it past that.
00:05:01.000But Kagan, I think, was always the one that, I mean, Mike, fill us in on some of the line of questioning.
00:05:07.000There has to be some check in the gut of Kagan or Katangi Brown Jackson or whoever.
00:05:13.000Like, huh, if they do this to Biden, that I mean, if they do this to Trump, they could do this to Biden.
00:05:18.000Like, this is not a great precedent when someone's not even convicted of the thing.
00:05:22.000Yeah, 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.
00:05:31.000He also, Jason Murray also clerked for Gorsuch on the 10th Circuit.
00:05:34.000He's actually a good guy, but he got decimated today.
00:05:38.000He got destroyed by these Supreme Court justices, including by Kagan.
00:05:41.000And Kagan's biggest concern and oral argument, it seemed, is that a single state can decide the election, which is just crazy, right?
00:05:50.000She 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.
00:06:06.000And 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.
00:06:27.000I heard this, and honestly, this even went above my head.
00:06:35.000Essentially, the president's not an officer because he's elected by the American people.
00:06:39.000The 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.
00:06:52.000This disqualification provision, they were concerned about members of the House of Representatives and local offices.
00:07:00.000They were not concerned about the president of the United States who was elected through the Electoral College and through a national election.
00:07:07.000So does this, and a question I asked earlier, will this take care of the main case as well?
00:07:13.000Will this be a decisive enough ruling potentially where we can just thwart all these little salvos and volleys from these radical leftists?
00:07:22.000I think so just by listening to Kagan and Jackson's questioning today.
00:07:26.000It seems like they've had enough of this.
00:07:29.000And frankly, this is really dumb by the Democrats in this lawfare campaign.
00:07:34.000This is like their Michael Avenatti case.
00:07:36.000It's such a stupid case, laughably stupid.
00:07:39.000It'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.
00:07:49.000And 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.
00:08:02.000They couldn't just stick to Christine Blasey Ford, who was lying through her teeth, but was the most credible.
00:08:08.000They brought in five other bogus allegations, including Michael Avenati and Julie Swetnicks.
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00:10:05.000And 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.
00:10:14.000And they are going to take the best off-ramp they can find.
00:10:17.000They're not buying this, the argument that the 14th Amendment can only be enforced by Congress.
00:10:23.000They'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.
00:10:33.000And 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?
00:11:41.000It'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.
00:12:00.000This is not going to fly with the American people.
00:12:04.000Yeah, it seems it's against every tradition, every process.
00:12:08.000And it's a common point, but it's worth repeating because it's true.
00:12:11.000The people that have democracy tattooed to their forehead are the ones that want less options.
00:12:30.000What 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.
00:13:08.000And it's not going to end with President Trump.
00:13:10.000They're going after Trump's lawyers, his top aides, his supporters on January 6th.
00:13:15.000They're going after parents outraged by gender chaos.
00:13:19.000They're going after Christians praying outside of abortion clinics while they're giving amnesty to Biden, his family, Antifa, Hamas, BLM.
00:13:29.000This is not going to end well for our country.
00:13:32.000And that's why the Article 3 project has been fighting this every day for the last 18 months since the Mar-a-Lago raid.
00:13:39.000Let's play Cut 114, and I'd love to have Mike Davis react to Cut 114.
00:13:43.000Your argument is that it's not self-executing, but then in that case, what would the role of the state be?
00:13:52.000Or is it entirely up to Congress to implement the disqualification in Section 3?
00:14:00.000It is entirely up to Congress, Justice Thomas.
00:14:02.000And our argument goes beyond actually saying that Section 3 is non-self-executing.
00:14:07.000We 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.
00:14:18.000But 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.
00:14:29.000Well, 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.
00:14:45.000It seems like he brought Justice Kagan and Jackson over to President Trump's side in oral arguments today.
00:14:51.000And 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.
00:15:19.000That's the only way that you can disqualify under Section 3.
00:15:23.000And they cite it's the Griffins case, which was by then Chief Justice Solomon Chase, who was writing circuit.
00:15:31.000He was on the Supreme Court, but he was hearing a federal appellate case called the Griffins case.
00:15:37.000It's the only case on point that holds just that.
00:15:40.000You 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.
00:15:52.000You have to do it through the federal criminal process.
00:15:55.000All right, really quick, I'm going to put you on the spot rapid fire.
00:15:58.000Will Donald Trump be convicted before Election Day?
00:16:01.000No, he won't be convicted because presidential immunity has to be decided on the January 6th case that was supposed to start in March.
00:16:09.000The 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.
00:16:18.000And so the Supreme Court is going to have to take and decide that case and Trump will not be convicted before the election.
00:16:25.000Do you think that he will have to stand trial for Alvin Bragg or Fannie Willis?
00:16:29.000Or do you just think there will be no trials before Election Day?
00:16:34.000The only case that had a chance of going to trial before Election Day was the January 6th case in D.C.
00:16:41.000That 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.