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00:00:38.000His 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. We 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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00:02:09.000We knew it was going to be aggressive.
00:02:10.000We knew he was going to come hard and fast.
00:02:13.000I don't think anyone had any idea what flood the zone would really mean.
00:02:18.000And I don't think, you know, we anticipated the success of it and the idea, the philosophy behind giving them too many things to chase, too many ideas.
00:02:27.000And yet I didn't anticipate that it was going to work this well.
00:02:31.000You know, the resistance, it hasn't really been able to get started.
00:02:35.000Yeah, we're starting to see some lawfare.
00:02:40.000But for the most part, it's just been tears.
00:02:42.000It's just been a trail of tears, of Democrat tears and media tears.
00:02:46.000And it has to go back to the strategy.
00:02:50.000And I'm sure, since I'm working all the time, I don't get an opportunity to listen to all of your sort of opening monologues.
00:02:57.000But one of the things that's been sticking out to me these last three weeks is this is so much better than Trump 1.0.
00:03:05.000We don't want to say that it was a good thing that the nation suffered for four years under Biden, but I guarantee you that we wouldn't have anything like this had Trump been able to assume office.
00:03:19.000In 2021, he had four years to sit and think and ponder every department, every agency and how to attack this.
00:03:28.000And the last thing I'll say is I throw back to you, you know, that we all love the Javier Milay and the chainsaw.
00:03:34.000And I remember sort of cautioning people in, you know, leading up to it, to the inauguration, like, look, it's not going to be like that.
00:03:42.000We aren't going to be able to cut agencies like they did in Argentina.
00:03:45.000But I'll tell you, the Doge stuff and the Elon Musk stuff, it reminds me of Javier Malay.
00:04:10.000The time in exile, I think, was very good in a lot of different ways for us.
00:04:15.000I mean, Cain, that's where you and I got to know each other, where we were the furthest away from the presidency imaginable.
00:04:20.000When you and I started talking, when you started to come on this program, I mean, Cain, it was like Trump was like 12% in the betting odds to become president.
00:05:56.000Biden never made it to East Palestine, at least not in those first eight months.
00:06:02.000It obviously gave him time, but in terms of where we are now, three weeks later, if you had said to me a month ago, okay, Trump's going to go shock and awe, days of thunder, he's not going to stop, executive orders day after day, I wouldn't have thought that his poll numbers would be this good.
00:06:21.000There's something I've got in the stack this morning, 42% of black men approve.
00:06:29.000And Trump's, you know, it's the expansion of the populist base from white working class to black working class, Hispanic working class, and Asian working class.
00:06:38.000That's sort of, you know, what we're looking at.
00:06:40.000We're thinking bigger, you know, where is this going to go in 2028?
00:06:43.000Can we maintain the hold on the House, Senate, and the presidency?
00:06:47.000And it's looking good for populist, you know, for populism, for nationalist populism.
00:06:54.000Everything is sort of falling in order.
00:06:57.000You know, though he's still being attacked, the media isn't being as aggressive as they used to be because they're seeing these approval ratings.
00:07:04.000And it's just sort of all coming together.
00:07:06.000500 executive orders, I think, we've had.
00:07:36.000What do you think was the significance of Bobby Kennedy's role in this last election, and what does this mean for the Republican Party moving forward, him as Secretary of Health and Human Services?
00:08:19.000But in the bigger picture, the bigger above-board picture, the Kennedy coming on to Team Trump, endorsing Trump, that's four points of independence.
00:08:36.000You know, when Kennedy first stuck his head in the ring, going back, you know, long before he endorsed Trump, I was ready for Trump to take him as vice president.
00:09:13.000Because of what happened with Pete Hegseth.
00:09:15.000And a lot of that is you and TPUSA. You know, we sort of put our hair up on the back of our necks and we said, look, guys, if you're not going to go along with the MAGA agenda, this is what we're going to do to you.
00:09:26.000We don't know who it's going to be, but it's going to be powerful and we're going to primary you guys.
00:10:05.000I got three people that I just can't say enough good stuff about.
00:10:08.000Marco's been a 10. Pete Hegseth has been a 10. And J.D. Vance has been a 10. As we do this program right now, Donald Trump is calling shots.
00:10:18.000We got Marco Rubio solving all the Nicaraguan, Guatemalan, Venezuelan, Colombian problems, which is immense because all the migration stuff starts there.
00:10:25.000He's speaking Spanish to them and speaking true to them.
00:10:27.000We got Pete Hegseth doing PT with our troops at 0500, where Lloyd Austin couldn't walk up a flight of stairs.
00:10:34.000And on the other side, we got J.D. Vance.
00:10:35.000He was in Paris, he's going to Dachau, and now he's doing Munich tomorrow, giving one of the most important speeches for a sitting vice president in...
00:10:44.000In modern American history, I mean, Kane, minute and a half remaining, have we ever seen a rock star roster of all-stars simultaneously fighting for the Republic?
00:10:53.000Meanwhile, you got Elon Musk going around with a metaphorical hammer, breaking every piece of government waste he can get in contact with.
00:11:04.000That's what stuck out to me, is he's going to these countries, he's speaking their language, they're loving him, they're accepting him, and Malai sort of paved the way, so that's beautiful.
00:11:16.000Hegseth, as you said, working out PT. Lloyd Austin would have been wearing two masks and a visor.
00:11:23.000You've got J.D. Vance making history in Europe.
00:11:27.000Sort of the populism is following him.
00:11:30.000You've got Musk, as you said, with the hammer and Russ Vogt.
00:11:33.000These guys are making, you know, Charlie, you're young, but I know a lot of why you got into politics and started TPUSA is the debt.
00:13:08.000Their candidate program is 100% free and confidential, so my closest friends have used Selective Search, and let me tell you, they're meeting incredible women.
00:14:41.000These were all of kind of senior aides to Barack Obama.
00:14:44.000Again, their podcast is very popular, and I respect that.
00:14:48.000But they're going through talking about how what Elon Musk is doing is working, that they wanted to do some of this stuff, and they couldn't, and that Gen Z likes it.
00:15:04.000And also, as much as I want to throw all of Trump's campaign promises in his face, like the price of eggs is not down, you have not ended the war in Ukraine, et cetera, et cetera.
00:15:37.000And if you're turning on the news every day and hearing about all these different things Trump is doing and all the different criticisms coming out of it, you may not like all of it, but like in comparison to how people felt about Joe Biden being basically absent.
00:16:06.000No, I felt the same way because I've seen the messaging memos and it's like, you know, the young people, Gen Z, they like Doge and what Elon's doing because, you know, they don't see – they see government as sclerotic and inefficient and they like the move fast and break things ethos and they want to get stuff done and they like the results.
00:16:22.000It's like, yeah, we – yes, of course.
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00:19:46.000Charlie, first of all, I think judicial activism is probably, if anything, a charitable way of describing what we're seeing unfold here, my friend.
00:19:52.000I mean, this, if anything, is a judicial insurrection.
00:19:55.000I mean, this happened during the first Trump administration.
00:19:58.000So I think back all the way, actually, to the year 2018-2019.
00:20:02.000It was in the latter years of the Trump presidency that the number of nationwide injunctions that were imposed against the Trump presidency actually then exceeded all the previous presidents combined.
00:20:13.000In fact, Bill Barr, back when he was attorney general, Gave a speech to the American Legal Institute, the Law Reform Institute, actually decrying the practice of nationwide injunction.
00:20:23.000So this is not the first time this has happened to President Trump in power.
00:20:27.000But those judges have not learned their lesson from the first time.
00:20:31.000Partially that's because SCOTUS has derelicted its duty.
00:20:33.000The Supreme Court has not actually taken a case, Charlie, as to whether or not any of this is constitutional in the first place.
00:20:39.000And I guess I'll kind of just cut right to the chase there on that point and say that no.
00:20:45.000The media, Charlie, day in and day out, they're accusing Donald Trump and J.D. Vance and Elon Musk of fomenting a constitutional crisis because they're governing with all these executive orders.
00:20:55.000They're having Elon Musk go into the treasury payment system there.
00:20:58.000First of all, Republican administrations, conservatives in general, Charlie, we're constitutionals.
00:21:06.000If there is an actual action that exceeds the legitimate confines of a sphere of governance, then that is where the judiciary comes in to reign in.
00:21:12.000But what judges are doing right now all across the country on basically everything that Donald Trump has done since he came into power, everything from birthright citizenship to Elon Musk and Doge going into the treasury payments there, Judge McConnell in Rhode Island threatening criminal contempt, criminal content of the Trump administration.
00:21:28.000Unless they subject all of their discretionary spending and funding decisions through his puny little judicial desk there deep in the bowels of the very blue state of Rhode Island there.
00:21:37.000This is wildly beyond the judicial power of which Article 3 of the Constitution speaks.
00:21:43.000And I know that because people have been writing about this actually for a very long time.
00:21:47.000We can go all the way back to Thomas Jefferson at least in 1804 writing a letter to Abigail Adams, the wife famously of his partisan rival John Adams.
00:21:56.000Thomas Jefferson famously said that to allow the judiciary to settle all questions, even when it comes to the legitimate authority of the other branches of the Congress or the executive branch, would be to risk despotism.
00:22:08.000Abraham Lincoln really said it best in his first inaugural address in 1861, where he said that the candid citizen must confess that where you have ordinary litigation between two parties and that that somehow results in fixing national policy for all of the people throughout the land because a court says so, that...
00:22:25.000At that point, the people will have ceased to be their own rulers because they will have allowed that eminent tribunal, a.k.a.
00:22:49.000Anything beyond that, it is persuasive authority that can or cannot be listened to depending on whether the legal reasoning is cogent and coherent.
00:22:56.000But the executive, the executive branch has every ability in the world to faithfully interpret the Constitution and to enforce the Constitution within their legitimate sphere of influence.
00:23:06.000The birthright citizenship thing would be a very good example there.
00:23:09.000SCOTUS has never definitively ruled one way or the other as to whether or not there is birthright citizenship for the children of illegal aliens, aka anchor babies.
00:23:18.000There's a lot of evidence that there is – that that's not supposed to be – that is not constitutionally required.
00:23:23.000So because that's an unresolved question, the executive can 1,000 percent choose to enforce its own understanding.
00:23:29.000At some point sooner rather than later, basically ASAP here, the United States Supreme Court is going to have to take a direct challenge to the entire practice of so-called nationwide injunctions.
00:23:39.000And as Clarence Thomas alluded to in his concurring opinion back in the 2018 case of Trump versus Hawaii, the landmark immigration case, as Thomas said in his – So, in practice, I think the most concrete thing that SCOTUS can do is to say that...
00:24:03.000Nationwide injunctions are actually not a thing.
00:24:06.000And I think to this Law Review article here, I guess we'll nerd out just for a second here.
00:24:10.000So there was a Law Review article in the Harvard Law Review in December 2017 by a fantastic conservative legal scholar by the name of Sam Bray.
00:24:16.000He's actually currently teaching in Notre Dame Law School.
00:24:18.000Probably the single greatest piece of legal scholarship on the question of so-called nationwide injunctions.
00:24:23.000And he just persuasively demonstrates over the course of this legal scholarship that it's not a thing there because, again, the injunctive power, when courts are issuing an injunction, what they are doing in actuality is they are telling a certain defendant and a certain plaintiff that their actions...
00:24:41.000With respect to each other, have to go a certain way.
00:24:44.000But it does not reach beyond the ammit of the name defendant and the name plaintiff there.
00:24:50.000There was no such thing as a nationwide injunction until the 1960s.
00:24:54.000That was the very first recorded instance of one in the late 1960s, I think during the Lyndon Johnson presidency, maybe even the Nixon presidency there.
00:25:01.000But it didn't explode into being until the very, very latter years of the Obama presidency and then really, in actuality, during the Trump presidency.
00:25:09.000This became a thing due to partisan lawfare.
00:25:12.000It is just lawfare by any other means.
00:25:14.000They lost the lawfare against Donald Trump the last couple of years with Jack Smith and Fonnie Willis and Alvin Bragg.
00:25:20.000And now they're basically just trying lawfare by any other means.
00:25:25.000They have every ability in the world to say the nationwide injunctions are not a thing.
00:25:29.000Additionally, I'll say this as well, Congress.
00:25:32.000Congress, which is currently governed by Republicans last I checked, they have a ton of power, a ton of power to reign in the lower courts basically in any way possible there.
00:25:41.000These lower courts, Charlie, I clerked on one.
00:25:43.000I clerked on the Fifth Circuit based in New Orleans, Louisiana.
00:25:45.000All these lower courts actually don't even have to exist.
00:25:48.000They solely exist at Congress's discretion.
00:25:50.000The only court in America that has to exist is a Supreme Court there.
00:25:54.000They can also take very petty, retributive, punitive action, Congress, if they want to.
00:25:58.000So one kind of funny example that I like to use, if Congress...
00:26:01.000Congress wanted to say that you, Mr. Justice or Mr. Judge, are not allowed to use taxpayer dollars to dry clean your judicial robe just as a way to humiliate you or embarrass you.
00:26:21.000We really should see those impeachment articles filed ASAP, I think, from Jim Jordan and House Judiciary.
00:26:27.000But can they remove the judges, or impeachment, that's just kind of a slap on the wrist?
00:26:31.000Because it seems as if they're basically permanently in there.
00:26:34.000Well, they would have to be convicted by the Senate.
00:26:36.000So that's, you know, therein lies the rub, right?
00:26:38.000I mean, the votes may or may not be there in the Senate.
00:26:41.000I'm not going to confidently predict that the votes would in fact be there.
00:26:46.000But at a bare minimum, I think it would be a serious black mark there.
00:26:50.000And, you know, look, judges are people that went to law school.
00:26:53.000They climbed through the ranks of the legal profession there.
00:26:55.000They do care about things like black marks.
00:26:58.000It is an actual kind of notch on the resume, right?
00:27:00.000So, I mean, even if it is purely symbolic, if it dies in the House.
00:27:03.000It's not even taken up by John Thune, although I think it probably would be taken up at least in the Senate there, bring it to a vote at a bare minimum, get Democrats on the record.
00:27:10.000At a bare minimum there, it would be at least a pretty sizable, symbolic shot across the bow against one of these activist left-wing lower court judges there, and it would be a nice civics lesson, frankly, for the American people as well.
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00:28:39.000So there's, I think it's in all three branches at once gang up on these rogue lower courts.
00:28:46.000So we can start with the United States Supreme Court itself, and then we'll kind of work our way backwards from Article 3 to Article 1, I suppose.
00:28:53.000So the easiest way to rein in lower court judges is for the United States Supreme Court to do so, because the federal judiciary actually does work as a legitimate hierarchy where SCOTUS has the ability to do whatever it wants to, and essentially its discretionary power, to overturn lower court judges that are running and essentially its discretionary power, to overturn lower court judges that are running amok and So they can and they must take a direct challenge to the entire practice of a so-called nationwide injunction, and they should declare that that exceeds the judicial power of which Article 3 speaks.
00:29:22.000The Supreme Court should also expedite some of these other cases on the actual underlying substantive constitutional merits.
00:29:27.000So for example, the birthright citizenship case is a very good example there.
00:29:31.000We've now had three lower court judges that have put a temporary restraining order or some sort of other injunctive relief and joining the Trump administration, preventing it from enforcing its correct interpretation of birthright citizenship for children of illegal alien scope.
00:29:44.000SCOTUS should fast-track an oral argument on that.
00:29:47.000They should get that opinion out by the end of this term in June there.
00:29:50.000I'm not going to confidently predict that there are five votes for the correct interpretation there.
00:29:55.000I tend to be a little bit of a pessimist when it comes to that particular issue there, but there's at least a possibility.
00:30:27.000But that, I hate to say it, Mr. Hammer, that is actually a constitutional crisis, isn't it?
00:30:34.000Well, let's just play it out a little further, Charlie.
00:30:37.000So look, the judge in Rhode Island, Judge McConnell here, he's threatening criminal contempt here.
00:30:42.000OK, so who's actually going to enforce this criminal contempt?
00:30:45.000That would probably be one of the U.S. marshals, right?
00:30:47.000Because as Hamilton says in Federalist 78, the judiciary has neither force nor will but merely judgment and literally depends upon the efficacy of the executive branch even to enforce its judgments.
00:30:57.000What he means by that is because the U.S. marshals, in actuality, they're not part of Article 3.
00:31:03.000They're actually part of the Department of Justice.
00:31:05.000as the U.S. Marshals sit under Attorney General Pam Bondi.
00:31:08.000So even if McConnell, Judge McConnell, that is not Senator McConnell, Judge McConnell can get a U.S. Marshal to try to enforce his contempt order.
00:31:33.000Start with Judge Engelmeyer in New York City, this other rogue judge who had that ridiculous ruling about Elon Musk and Doge when it comes to the Treasury payments.
00:31:40.000Those would be two good candidates to get these articles of impeachment rolling there.
00:31:43.000And then I would also support literally just possibly stripping some of these lower court judgeships there when you actually start to make the other judges feel the heat, because if you are removing certain judgeships, by definition, you're going to then move some cases from their docket to the other docket.
00:31:59.000Judges will get the message sooner rather than later.
00:32:01.000There are ultimately people that are not going to be wanting to literally work 24-7 there.
00:32:05.000They want to sleep and eat and see the wife and kids like anyone else there.
00:32:09.000So when you really start kind of putting some meat on the bone, so to speak, here with the congressional tools, I think you'll start to see a good response as well.
00:32:16.000Josh, more broadly, what do you make of how this administration has been governing?
00:32:32.000You know, it kind of reminds me of what Steve Bannon said once during the first Trump administration when Steve famously said that the way to deal with the corporate media and the Democratic elected official class is to flood the zone.
00:32:52.000That's what they're doing day in and day out, Charlie.
00:32:54.000I mean, there's been so many executive orders that my buddy Will Scharf, the White House staff secretary, who I've been friends with for years, we literally co-founded Jews Against Soros together two years ago.
00:33:03.000I mean, Will's become a household name because every day on cable TV you see him handing off the executive orders.
00:33:22.000The Canada-Mexico tariffs, Panama getting out of China's Belt and Road Initiative there, the stuff in Gaza, I guess we'll see what happens there.
00:33:29.000But there is so much good stuff happening, I'm honestly starting to lose track of it myself.
00:33:32.000Josh Hammer, everyone check out The Josh Hammer Show.
00:33:35.000Josh, I'll be seeing you next week in Phoenix for the Hillsdale event.