Amy Coney Barrett's testimony before the Joint Select Committee on Control and Control Committee on the Senate Intelligence Committee. Glenn Beck's take on the latest in the polls, the latest on the rigged election, and Amy's live testimony.
00:02:12.760If you suffer from agonizing or frequent pain, others don't really understand what it's like.
00:02:22.860Or worse, they think that managing that pain means the equivalent of shaking some sort of magic wand over it and poof, it's gone.
00:02:31.000The truth is, no matter what kind of pain you have, it is really difficult to manage and to navigate.
00:02:39.720A lot of things that you can take to manage the pain either don't work or they have some sort of drug in them, make you feel woozy and foggy all throughout the day.
00:03:52.300Let's remember, we've been through tough times before.
00:03:55.260Well, first of all, let me assert my firm belief that the only thing we have to fear is fear itself.
00:04:07.460Nameless, unreasoning, unjustified terror, which paralyzes needed efforts to convert retreat into advance.
00:04:17.300We have been compelled to create a permanent arminence industry of vast proportions.
00:04:23.520In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex.
00:04:34.360The potential for the disastrous rise of misplaced power exists and will persist.
00:04:40.860We must never let the weight of this combination endanger our liberties or democratic processes.
00:04:47.920I do not believe that any of us would exchange places with any other people or any other generation.
00:04:56.580The energy, the faith, the devotion, which we bring to this endeavor, will light our country and all who serve it.
00:05:08.760And the glow from that fire can truly light the world.
00:05:13.560And so, my fellow Americans, ask not what your country can do for you, ask what you can do for your country.
00:05:25.060My fellow citizens of the world, ask not what America will do for you, but what together we can do for the freedom of man.
00:05:44.180And there are even a few who say that it's true that communism is an evil system, but it permits us to make economic progress.
00:07:03.320My four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.
00:07:18.040With this faith, we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
00:07:33.320Let freedom ring, and when this happens, when we allow freedom to ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spirit of free Atlanta.
00:08:07.320But we have to make an effort in the United States.
00:08:10.320We have to make an effort to understand, to get beyond or go beyond these rather difficult times.
00:08:15.320A favorite poem, my favorite poet was Aeschylus.
00:08:20.320He once wrote, even in our sleep, pain which cannot forget, falls drop by drop upon the heart, until in our own despair, against our will, comes wisdom through the awful grace of God.
00:08:38.320What we need in the United States is not division, what we need in the United States is not hatred, what we need in the United States is not violence and lawlessness, but is love and wisdom and compassion toward one another.
00:08:57.320Feeling of justice toward those who still suffer within our country, whether they be white or whether they be black.
00:09:07.320A few years ago, I knew these times were coming, and I tried to write something that my children could understand.
00:09:20.320And it led me to write something called The Man in the Moon.
00:09:27.320It was an idea of somebody who was watching the world from the very beginning, from creation.
00:09:36.320And he would watch the comings and the goings and the darks and the lights of man's struggle.
00:09:43.320What would he have to say to us at this point?
00:09:48.320As the story says in the beginning, I am the lesser light.
00:17:37.320Because if you can't, we're in trouble.
00:17:39.320I think I'll have a hard time doing it.
00:17:41.320So, both the 14th and 5th Amendments protect life or provide that the state cannot take life, liberty, or property without due process of law.
00:17:50.320And that sounds like a procedural guarantee, but in Supreme Court precedent, it has a substantive component.
00:17:57.320And so, the substantive due process clause says that there are some liberties, some rights that people possess that the state can't take away or can't take away without a really good reason.
00:18:08.320So, the right to use birth control, the right to abortion are examples of rights protected by substantive due process.
00:18:15.320These are judicially created rights not found in the document called the Constitution. Is that correct?
00:18:20.320Well, the Supreme Court has grounded them in the Constitution.
00:18:35.320There's also a lot of debate in Supreme Court opinions.
00:18:38.320I'm not aware of anybody proposing to throw it over entirely, but there's certainly a debate about how to define these rights and how far it should go.
00:18:46.320Well, let's just say that you're in the camp or anybody's in the camp that substantive due process is a legal concept is unbounded.
00:18:55.320It basically makes the Constitution no more certain than the five people interpreting at any given time in the country.
00:19:02.320Whatever rights they think you have, you get.
00:19:05.320Whatever rights they want to take away from you, they can.
00:19:30.320So precedent is the principle that cases that have been decided by the court before this one lands on the docket are presumptively controlling.
00:19:40.320And so precedent comes from a concept called stare decisis, which is a shorthand for a longer Latin phrase that means stand by the thing decided and do not disturb the calm.
00:19:51.320So precedent is a principle that you're not going to overrule something without good reason or royal up the law without justification for doing so.
00:20:00.320So you could say the underlying analysis that led to any case, just case X, I reject that analysis, but I will now apply precedent to whether or not it should be reversed.
00:21:31.320By by changing the balance of the court, this is packing the court.
00:21:35.320So they are they're setting up all of the legal arguments on why you shouldn't believe the Supreme Court the way it is.
00:21:43.320That way, if this goes to this next election happens to go to the Supreme Court, they will be able to have the argument that you can't believe it because she's on it.
00:27:54.320Yeah, I think that there are a bunch of people on the left trying to cobble together a coalition of people, some of whom are sort of center left and left of where I would be on policy issues, but kind of reasonable aware.
00:28:08.320And then there are a bunch of folks that don't really believe in the constitutional structure.
00:28:15.320And I think that the Biden team is trying to figure out how to maintain that big leftist coalition, united primarily by being frustrated with with Donald Trump on a whole bunch of issues.
00:28:27.320And so Biden doesn't want to speak to these kinds of issues because he wants to try to maintain a coalition without having to get a lot of give a lot of clear answer.
00:28:36.320I hear that he last night said a few things that are a little bit court past court packing skeptical.
00:28:42.320What we need him to hear him say is that he affirmed the constitutional structure and has zero desire in changing the size of the of the court, the composition of Marco.
00:28:52.320You know, and I have a constitutional amendment to just lock the number of justices at nine.
00:28:58.320So we don't have to go through all that.
00:29:00.320So we we not only have that, but we also have an effort underway from the really, I think, mainly the old Clinton group that is trying to convince states to send other delegates.
00:29:16.320If if if if the popular vote goes one way and get rid of the electoral college, you know, because you're from Nebraska, what does that mean to America?
00:29:32.820Well, I mean, the reason we have the electoral college is because we are a republic, right?
00:29:39.260A democratic republic, to be sure. But our founders didn't create a pure democracy in the sense that every decision should immediately on 51 to 49 bases.
00:29:51.720And I think that's that's one of the things that's so weird about the political addicts in our time is that there are only about 14 percent of Americans that pay attention to politics on a daily basis.
00:30:01.660And they think they're representative of, you know, real people in real America, like six percent of Americans don't actually want to do politics as the center of their life, their consciousness, their community, their entertainment.
00:30:13.820Most people want to be in their church or their synagogue. They want to be in their neighborhood.
00:30:19.080They want to be in their small business. They want to be coaching Little League.
00:30:21.720They want to be volunteering on the PTA. They know that the most important parts of government on a daily basis are the ones that are closest to them.
00:30:28.100And I think there are a lot of national, politically addicted people who want to try to remake all of American life as about the immediacy of screaming.
00:30:36.740And so they don't like institutions like the Electoral College, which mediate small R Republican, not partisan Republican Party, but small R Republican decisions through structures of deliberative process.
00:30:48.660What does it mean if we have because the left is crying for a direct democracy?
00:30:55.880What does that what would that mean to us?
00:31:00.000Well, I mean, first of all, we should back up and say, why do we have limited government?
00:31:04.600What does it mean to say that we have limited government?
00:31:06.800It means that we don't think that power is the center of life.
00:31:09.380Right. We believe that 330 million Americans are all created with universal human dignity.
00:31:14.580They're created in the image of God. And the most interesting things about people are not about power.
00:31:20.240They're about love. They're about persuasion. They're about assembly.
00:31:23.720They're about breaking bread. They're about playing catch.
00:31:26.760They're about doing meaningful work that benefits your neighbor.
00:31:30.160The really important things in life are not primarily about power structure.
00:31:33.980And so when people want to talk constantly about government, they've they've confused the nature of the community, confused the nature of human community.
00:31:43.880And they've confused happiness. And so there are a lot of politically addicted people don't have much in their life except obsession over power.
00:31:51.520And they want everybody else to participate in their obsession. And most people don't want that.
00:31:56.440What they want is the government to maintain a framework for ordered liberty so that you can then pursue all the greatness of life in the actual neighborhood where you're living and raising kids, not in one size fits all political decision making away.
00:32:09.480What is this election mean if we go one way or the other?
00:32:14.360Well, first of all, let's talk about which election, because I think that we are talking constantly in American public life for the last three and a half years about the presidency.
00:32:25.480And the truth of the matter is, you know, the president, Donald Trump and I differ on a lot of things.
00:32:30.740But one of the things we differ on is he actually likes the immediacy political culture.
00:32:35.460He wants to be on the on everybody's TV screen and Twitter account and social media feed all day, every day.
00:32:40.880I don't think most people want that. I think it's really unhelpful.
00:32:43.920I don't think it's good for my party to tie itself to the political brand of one individual who kind of views life as reality TV.
00:32:51.980So when we talk about the election, to me, the most important election by far in three weeks is the election for the United States Senate, because it is if the Democrats get to a super majority in the Senate, which I would define as maybe 52, 53, 54 votes, that they'll end the filibuster and try to fundamentally remake America.
00:33:11.080They'll try to add new states. They'll try to pack the Supreme Court.
00:33:15.200They'll radically remake the nature of a market economic system and try to replace it with lots more socialized government planning.
00:33:23.740I think that the most important things that can be broken in America would be broken by a Senate that gets to a Democratic super majority.
00:33:31.640So I've spent almost all my time this last year in politics campaigning to try to maintain a Republican majority in the Senate, because I think so much of what's precious about our framework for ordered liberty could be lost in a majoritarian U.S. Senate that a lot of Democrats want to make.
00:33:48.100I would I would I would agree with you. However, I I also I mean, I've changed on Donald Trump.
00:33:53.940I don't think that you have, but I watched his actions and tried to turn that tune out the words and just watch his actions.
00:34:02.400And he has done remarkable things. One of the things I was really worried about is that he you know, he does like to just take control.
00:34:13.520He's a CEO of things. And if we ever faced a pandemic or a real crisis, that he would grab the power reins, which he was encouraged to do and didn't do.
00:34:25.180And now I see who we are facing and how serious they are about the destruction of America through violent means or or any other means.
00:34:38.460And I think this presidential election is is the most important in my lifetime.
00:34:43.940And I've always hated that phrase. You do you find validity in that?
00:34:49.880Well, so, first of all, let's agree with you on the hating of the phrase, because this idea that every election is the most important in our lifetime.
00:34:57.880And I and I totally understand why there's a lot on the line 21 days from now.
00:35:02.060But this idea is already a sign that we've gone around a bend that's really unhealthy.
00:35:07.980Oh, yeah, I know. We want culture to be upstream from politics and economics should be largely decoupled from politics.
00:35:13.840So, first of all, let's just do your point about Donald Trump. There are places where I think he's done a phenomenal job.
00:35:20.400His judicial selection has been amazing. Amy Barrett sitting, you know, 50 yards from me right now is a rock star.
00:35:28.360This will be the third person he's put on the Supreme Court. We've got 60 appellate judges, 200 total judges.
00:35:35.400The pace of judicial confirmations over the last three years has been an all time record in U.S. history since the circuit courts were created.
00:35:42.300So I went on the Judiciary Committee to fight for President Trump's judges, but I think he's done a great job in that domain.
00:35:48.400But I think writ large, American politics should be focused on the problems 10 years in the future.
00:35:54.240The long term technology race with the Chinese Communist Party, AI, machine learning, quantum computing, biotech, robotics, 5G.
00:36:00.940Like the really big issues that we should be bringing the American people along on, we're not.
00:36:05.280We're not right now grappling with the changed nature of work where the average duration at a firm for a 35 or a 40 or 45-year-old mom or dad needing to put bread on the table,
00:36:16.440that the average duration at that firm is getting shorter and shorter.
00:36:19.320It was 26 years when I was a kid, the average duration at a job or a company.
00:36:24.220It's now 4.2 years and getting shorter.
00:36:26.840We need to think about what job retraining for those folks who are getting disrupted when they're 45 hours.
00:36:32.360What is that conversation in American public life?
00:36:37.960I've been talking about that for 10 years, and I think COVID has made things much, much worse.
00:36:45.340So I guess I should just ask you a point blank.
00:36:49.400Are you voting for the Republican candidate this election?
00:36:54.660Yeah, Glenn, I'm not making any headlines about that today because I think that there's – I don't get any Nebraskans asking me how they should vote in the presidential election.
00:37:05.440That's not what they look to me to do.
00:37:07.260They look to me to explain why I'm running for re-election to the United States Senate.
00:37:11.040And I talk about, as you and I have here, the future of war with the Communist Party, the future of work, the First Amendment, which is being tragically lost,
00:37:19.840and the crazy nuttiness that we see happening on the campus where people are redefining speech they don't like as violence.
00:37:26.760That's why Amy Barrett is, you know, a group of people fighting for his nominees to the court.
00:37:34.780But I think reducing our public conversation every four years just to one vote for president is that drip, drip, drip of political immediacy displacing the larger conversations we should be having in American public life.
00:37:49.320Ben Zass, I have appreciated your work on the civic conversation and your lesson on civics yesterday.
00:38:45.000That Senate could really, you know, spiral things out of control.
00:38:48.220All right, you remember the guy with the fake tan and the cheap suit and the oily slick back hair and that free coupon for that dinner that he promised you when he was selling you a timeshare?
00:42:47.840America, we are one hour in out of the 11 hours of questioning of Judge Barrett for the Supreme Court.
00:42:58.100The Democrats don't seem to really have even a direction here, other than trying, I think, to make us lose faith in the Supreme Court.
00:43:08.600Which, I mean, really, who had a lot of faith in that?
00:43:12.940Anyway, they're now changing the meaning of court packing, saying that if you're taking the political people out of the Supreme Court, that's akin to court packing.
00:44:00.340I always get the timing wrong and the dates wrong.
00:44:02.480I mean, in 2016, I felt pretty stupid when I said, going to be the summer of blood in the streets, going to be the summer of rage, I think I called it.
00:44:14.500That was the summer of rage, and things are going to get much, much worse.
00:44:18.740I told you back in 20, what was it, 2007 or 8, that there would be people in the streets that would be, you know, calling to behead people, take people out of their chairs and their offices and just beat them to death in the streets.
00:44:40.300But the one thing America has always had going for it is it's stable and the stable and peaceful transfer of power.
00:44:50.460Well, let me give you a story here real quick.
00:44:53.080Just today, there is there is this story.
00:45:01.980Left wing radicals post an online guide to disrupting the country if the election is close.
00:45:09.860The guide is called Stopping the Coup, and it's available as a Google Doc.
00:45:15.020And it's being circulated by a group called Shutdown DC, preventing Donald Trump from stealing the election and remaining in office is likely to take mass, sustained, disruptive movements all over the country.
00:45:28.640They say their largest asset is the idea of noncompliance through massive, broad based direct action where we can and need to be in the streets, on the highways and at all the sites of power and power holders.
00:45:45.020At our jobs and lives, we must refuse to allow those taking control of the legitimacy of power they seek through strikes, slowdowns, boycotts, public refusal to accept an illegitimate ruling party.
00:45:58.880We need to force the pillars of power, the business, military, media and other major institutions to decide to side with the people or get out of the way.
00:47:26.260She's the president of Judicial Crisis Network, and I want to get her opinion on what's happened so far and where we're headed on the Barrett confirmation hearing.
00:47:40.900So, yesterday, the strategy seemed to be to change the definition of packing the court.
00:47:49.780Is that what you took away yesterday from the tactic of the Democrats?
00:47:54.600They wanted to talk about anything as long as it wasn't talking about Amy Coney Barrett.
00:47:59.640They did not want to talk about this talented, outstanding woman sitting before them.
00:48:05.200They tried to return to play politics.
00:48:06.880So, you know, a lot of the Democrats just wanted to talk about Obamacare.
00:48:11.120They had pictures up of different people, you know, who had been helped by the Affordable Care Act, and they were trying to make it seem like her whole purpose in life was to get rid of this.
00:48:22.700It's not even an issue that she's likely to be the deciding vote on, but, you know, that seemed to pull well for them.
00:48:28.280And I agree, they want to see, they want to make it seem like simply filling seats on the court is somehow illegitimate, is court packing, which is so ironic because you have Joe Biden currently refusing to say what he would do with respect to actual court packing, which is when you change the number of seats in the Supreme Court for purely partisan ends, like FDR tried to do to get a court that would uphold more of his New Deal legislation.
00:48:53.140He said, well, I'll just add more seats in the court.
00:48:55.380That was rejected by his Democratic Senate.
00:48:58.540It was rejected by people like Ruth Bader Ginsburg.
00:49:00.820Even Bernie Sanders thinks this is a bad idea.
00:51:10.580Yeah, it's a fundamental misunderstanding of the role of a judge.
00:51:14.000And you're hearing in some of the discussion today where, you know, Senator Feinstein just got done trying to get Barrett to talk about what her personal views on or on for everything from guns to health care.
00:52:22.820I mean, was there a time when the Supreme Court was just known as just interpreting the law?
00:52:34.320Well, that's that's always been its job.
00:52:36.540And I think justices have done better or worse jobs of doing that.
00:52:40.940You know, obviously, through history, we've had, you know, it's not only recently that we've had judges who may have mistaken that role.
00:52:46.980But I think it has become more of an epidemic, more of a crisis recently, because that was just accepted by all of legal academia and the and the and the whole, you know, practice.
00:52:58.100But what's great is we're seeing a pushback now.
00:53:01.040And this is something that, you know, Justice Scalia was kind of on the front end of.
00:53:04.920And now Judge Barrett is kind of carrying on that mantle of, hey, here's how we get that politics out.
00:53:10.600We're very faithful to the text as it is written.
00:53:14.020We need to look at what the law meant at the time it was passed, not what we think it should mean today, not what we wish it meant today.
00:53:20.680And so that's what actually takes that politics out.
00:53:23.860So this is really finally achieving the goal of getting those politics back out and restoring the court to its proper constitutional.
00:53:31.580So we have now three judges that Donald Trump has appointed.
00:53:37.200If he wins a second term, how many more judges and will they be Clarence Thomas or will they be people that will will bring us closer to the Constitution?
00:53:48.220Do you have any idea who's looking to retire or?
00:53:52.000Oh, you know, that is sort of always a very treacherous area to try to speculate.
00:53:57.300In 2016, I was speculated that would be when we were, you know, Justice Ginsburg, my retirement was four years later.
00:54:05.060But we do know that whoever is elected in 2020 is likely to get seats.
00:54:08.960And remember, these are all life term seats.
00:54:11.600So even if you are replacing someone who has a similar judicial approach, it has a generational impact.
00:54:17.460Because that means, you know, for the next 30, I mean, Justice Bennett has almost served for 30 years already, you know, and we have people serving maybe four decades at this point.
00:54:29.580That is going to have a huge impact going into the future of how our children and our grandchildren country will be run and how we will understand the Constitution.
00:54:37.340They also are trying to say that Donald Trump packed the courts by by filling the vacancies in the lower courts, which he he did.
00:54:48.160And Obama walked away with a lot of vacancies that changes things.
00:54:52.740Have you looked at all into the the states where we're most likely to have close election results?
00:55:01.540And is there an impact on the courts there that may play towards the Constitution's favor?
00:55:08.760Well, you know, so Trump has done really historically impressive jobs filling those seats, which is really great.
00:55:18.440A lot of the remaining seats, unfortunately, are in states where there are Democratic senators and they are blocking Trump's picks.
00:55:25.140They would rather have no one sitting on the court than have someone that Donald Trump put on the court.
00:55:30.600So you're seeing you're seeing in some of those states real problems with, you know, cases backing up and judges having a very heavy workload.
00:55:39.100So I'm optimistic that if we can get some senators who are willing to acknowledge that, you know, these judges are going to be faithful to the law and move forward with those, we could have a better situation across the country.
00:55:53.040But I think what's so great is we now have well over 200 judges that Trump has put there.
00:55:57.620This is the next generation of outstanding legal experts in the country.
00:56:03.700And it's already having an impact in terms of cases being decided according to the law rather than according to politics.
00:56:09.720So wait, so so the states can say no to a federal judge?
00:56:14.280Well, the way the system works, there's something called the blue slip and state senators from the state can refuse to turn in their blue slip.
00:56:23.240And traditionally, there's no, you know, there's no rule or law that says this.
00:56:28.440But traditionally, the Senate has said if the senators from the state don't both approve of the nominee, we won't move forward on it.
00:56:34.840So thankfully, there have been many, including Democrat senators who have compromised with the president and have been able to come up with some judges that they could all agree on.
00:56:42.700But also there's others that, you know, they want to have nothing to do with any kind of compromise with Donald Trump, particularly, you know, places like California, where you've got one of them running for vice president.
00:56:52.880She's not going to compromise with him, right?
00:58:01.240She's very good at explaining what these questions are.
00:58:03.780And she's just so, she comes across, I think, to so genuine and careful and thoughtful about the law.
00:58:10.040I think she is going to be someone on the court who has, you know, the jurisprudence of a Scalia, but maybe a slightly softer tone.
00:58:18.900And, you know, who knows, maybe that'll be something that even is compelling to some of her colleagues on the other side of the bench as well.
00:58:39.960No, I think she's knocking it out of the park today in terms of her hearing.
00:58:44.340And so I just think it's going to be hard pressed, I think, for anyone to come up with a good excuse not to confer maybe Coney Barrett Supreme Court.
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01:00:16.320I'm amazed to hear the media try to explain what Amy Coney Barrett's judicial philosophy is.
01:00:21.740Listen to this clip from CBS explaining the difference between originalism and textualism.
01:00:27.900For those of us who are not constitutional scholars, what's at the root of this debate over originalism or textualism?
01:00:34.620Right, and I suspect we're going to be hearing a lot of those two words tomorrow.
01:00:40.040I mean, this is kind of boilerplate, conservative, legal philosophy.
01:00:45.000But Justice Scalia was the big proponent of it and really the big stickler for it.
01:00:49.900It's where you look at the Constitution and the words of the Constitution and how the founders meant those words to be.
01:00:56.300Not how it might be living like liberals think and adapt as our times change.
01:01:02.960So a conservative like Scalia would say we've got to look at what the founders meant by that.
01:01:07.480And if it's not in there, it's not in there.
01:01:09.200And then Congress has to step up or the state governments and legislatures have to step up to make those kind of policy changes.
01:01:15.440As far as textualism goes, that's how you look at federal statutes.
01:01:19.480And there are a lot of liberals who say they're textualists, too.
01:01:22.000That just doesn't always break conservative, liberal lines.
01:01:24.620And that's when you look at the words of a statute and not what Congress might have meant or what the legislative history might show or what the purpose might have been, but what the words actually say.
01:01:35.440Okay, so the conservative argument is what the founders meant when they did it and the words that are in the document.
01:01:42.380How is there another argument other than this?
01:01:47.020Well, the other is to look at the words of Congress.
01:01:52.040Oh, it's like, okay, so you're admitting that the conservative argument here is to look at what was intended to happen and apply it.
01:02:18.140If we were in a society that didn't have a legislative branch, you could make an argument that you should have a living constitution that would change with the times.
01:02:28.600But at any point, the legislative branch can change these things with the times.
01:07:07.880I don't know if everybody remembers back, but when this whole thing started with the pandemic, we realized this is really going to be a fight because we've never had any constitutional law in a pandemic.
01:07:28.320Because he was in a park and the guy on the beach coming off all by himself on a surfboard being arrested.
01:07:33.620And so we we tried to be really careful about the first case.
01:07:37.260And we wanted it to be the right one because we're getting all kinds of churches calling us saying you won't believe what they're doing to us.
01:07:42.520And we got what we thought was the right case.
01:07:56.180And and that was the mayor of Louisville, Kentucky, said that was a crime.
01:08:01.420And the governor said they were going to send police officers to every church on Easter Sunday to write down the license plate of any car in any church parking lot.
01:08:10.480And those people would be visited by the police and they would be quarantined to their home for 14 days.
01:08:42.320And, you know, Glenn, I've just got to be honest.
01:08:45.100We're in a war right now all across the country of whether the government is going to control our churches.
01:08:50.600And, you know, until we get something to the Supreme Court, I don't think we're going to have an answer because there are too many bad decisions to join the good decisions that we've won to know what's going to happen.
01:09:04.480As somebody who, you know, goes to church on Sunday, that that is truly terrifying that we are facing a time when the government can tell you exactly what you can and cannot do at church.
01:09:20.620It's, you know, I mean, because, look, if we come out of this and the law is that if a government official declares an emergency, then your Constitution is suspended while the emergency.
01:09:33.200Well, you know, climate change will be an emergency and everything will be an emergency.
01:10:23.580And so we actually won a federal injunction on Friday of last week, and we're hoping we can get that to the Supreme Court.
01:10:31.240But we've got to get the right case to the Supreme Court.
01:10:33.840But also, if Amy Coney Barrett is on the Supreme Court, I feel very strongly about her on religious freedom.
01:10:40.560I think we won't have to worry about these close decisions with Roberts, you know, saying that it's okay to open casinos, but not churches.
01:10:51.480And so there's sort of a lot going on at the same time.
01:10:54.080But I think you have to look at the Amy Coney Barrett thing from a religious freedom standpoint, in addition to everything else.
01:11:00.440And I think she will be great on religious freedom, which is the timing could not be better.
01:11:06.100So tell me what what her appointment does to the court.
01:11:09.960And, for instance, if the the Senate and the administration area, if they have the House and the Senate and the administration, let's just say that's a landslide for the left.
01:11:20.860They are all saying they're going to take guns.
01:11:23.540Do we have the votes now in the Supreme Court to hold to the Second Amendment, the First Amendment?
01:11:57.520You look to the original meaning of the text.
01:11:59.360You look to the original meaning of the statute, not to the PC or whatever people are in favor of.
01:12:05.380She would say, just like Scalia, if you want to change laws, then change laws, change the Constitution.
01:12:11.120But don't ask me to change the Constitution.
01:12:13.560And she's very it was in a case, actually, where it was about a situation where kind of the PC position would be, oh, no, you know, God's been in prison.
01:12:22.800So he shouldn't have a right to to to have a firearm, you know, once you've been in prison and her approach was wonder, what does the Constitution say?
01:12:33.820She's pretty fearless on following the law.
01:12:36.320So I feel really strongly about where she would be.
01:12:39.760And again, Roberts has kind of been jumping back and forth on a lot of things recently and has made it sort of a four four with Roberts jumping around.
01:12:47.320That would be over if she's on the court.
01:12:49.960But you'd have five conservatives who really believe you go to the original meaning.
01:12:55.900And that's going to really bring us right back to the Constitution and those principles and really the foundations of our country, which I think will be a great thing for our country.
01:13:04.080Kelly, what does it mean when we're looking at a party who says they're going to get rid of the filibuster?
01:13:11.220They won't deny that they'll pack the court.
01:13:17.180It's about I mean, if people I don't know if people understand what court packing is, but basically it's when you come in, you say, well, you know, I don't like the fact that there are more conservatives on the court now than there used to be.
01:13:31.000And therefore, I'm going to add three, four or five seats to the Supreme Court, which you'd have to you'd have to have the House, the Senate, the presidency.
01:13:39.080You'd also have to destroy the filibuster.
01:13:41.120But that's what some of the Democrats are talking about doing.
01:13:43.900And, of course, what Biden and Harris have not been answering.
01:13:49.560That is a decision to destroy the Supreme Court, because if you add people to the Supreme Court to have a partisan advantage, then the next party that comes in is going to do the same thing.
01:14:00.820And so if the Republicans come back, they'll add five or six seats.
01:14:04.060The court is no longer a legal body at that point.
01:14:14.200I mean, number one, Biden needs to answer this question.
01:14:17.320It should be required of every voter should say there's no way you even have a chance of being a president unless you answer this question.
01:14:25.060If the answer is, I'm going to destroy the Supreme Court, then unless you're wanting to overthrow the government, at least a third of the government, that's just not a decision I would ever make.
01:14:35.960I mean, whatever your beliefs are on these things, the rule of law will be incredible damage.
01:14:42.440I don't know what will happen in our country, but it's taking one of the three branches of government and really pretty much putting it underground.
01:14:50.040We're talking to Kelly Shackelford, president and CEO of First Liberty Institute.
01:14:56.780There's, in fact, two different stories about two different groups.
01:15:01.060One of them is shut down D.C., and they have put out a guide stopping the coup.
01:15:07.420Two, preventing Donald Trump from stealing the election and remaining in office is likely to take mass, sustained, disruptive movements all over the country.
01:15:16.060We need to, in order to really win, we need to force some pillars of power, business, military, media and other major institutions to decide to side with the people or at least get out of the way.
01:15:26.840If every day life goes on, a despot will not leave power.
01:15:30.800There will be no incentive for real systematic changes.
01:15:33.520You want to think about what it might take to stop business as usual.
01:15:39.040They are, they are, there are these groups that do not believe in the electoral college, do not believe in the court system, do not believe in the American Constitution that I can find.
01:15:56.340And they are saying they want to overthrow these things.
01:16:22.340We've had 21 different presidents use, you know, the power they have under the Insurrection Act to actually do that.
01:16:32.120I think President Trump has been trying to respect federalism at some sort and also not, you know, they want to make him a dictator.
01:16:40.940So I didn't think he wants to walk into looking like that.
01:16:43.320So he's been incredibly restrained, I think, on what he's done in these situations like in Seattle and all these.
01:16:50.480But I think if it's after the election and that's attempted, I think he'll exercise the power that he should and any president should to put any of that down.
01:16:59.540I hope and I pray that it would that nobody in the country really.
01:17:03.120I mean, these are this is a lunatic fringe in our country, and they shouldn't be allowed to roam free and engage in violence and looting and all this thing.
01:17:11.780I don't think the American people I think they've had enough of that, so much so that the Democrats have even a little bit started to back away, even though that some of their some of their base wants them to not do so.
01:17:30.280I mean, it's bizarre, the approach that is being taken, which is to say that she's going to that if Barrett's appointed to the court, that she's going to take everybody's health care away.
01:17:42.400I just sometimes I'm amazed that do they think people are that stupid?
01:17:47.200I mean, I I it's just a bizarre argument.
01:17:51.140I mean, the case they're talking about that's up there.
01:17:53.880Amy Coney Barrett hasn't has never talked about any of the issues in that case.
01:17:57.420It's about severability, a lot of other things.
01:17:59.360The odds are huge that that case won't strike down the ACA in a non-severable way.
01:18:06.660So all of it's false and it has really nothing to do with her.
01:18:11.640But they've just decided that's their best political issue is the issue of health care.
01:18:16.360So they're seeing if they can scare people by saying if you allow her on the court, you'll all lose your health care and you'll die of the coronavirus.
01:18:23.280And I'm like, do you think people are that stupid?
01:20:39.420There's so much to talk about, and we're really just kind of staying focused today on the confirmation hearing of Amy Coney Barrett, which I think seems to be going really well.
01:20:52.220She's, I mean, she just seems bulletproof.
01:21:08.240And instead of trying to take down Amy Coney Barrett, let's just try to win this election, which is a bizarre, I mean, usually they have some trickery.
01:22:04.940This is going to be the first time that's ever happened.
01:22:09.080American Financing is our spotlight sponsor.
01:22:12.260I urge you to go right now and at least find out if a refinance or if you're getting a new house to do the financing right now and get the lowest possible price.
01:26:39.320We're going to be announcing on October 24th, which is a Saturday night.
01:26:44.580We are doing a special broadcast from Mercury One.
01:26:50.120I'm going to be showing you some really exciting things that are going to be kicked off immediately after that night that will help you and your family get your arms around the Constitution, history, our founding fathers.
01:27:17.240If you want to try to teach your kids about Ben Franklin, and I mean the little kids about Ben Franklin or Anne Frank, there are two new books out by our good friend, Brad Meltzer.
01:28:27.340So, Brad, tell me about tell me about the books.
01:28:30.120This is part of your Xavier Riddle and the Secret Museum series that that's on PBS.
01:28:36.120I wanted to carry that so badly on the blaze, but I'm not rich enough for Brad Meltzer's programs.
01:28:42.520Listen, we've done our shows and I love you for it.
01:28:45.120You know, as you know, I started writing these kids books because I wanted to give my kids better heroes to look up to and give them heroes.
01:28:51.720We could teach them kindness and compassion and character.
01:29:02.820And the best way to teach that is with Anne Frank, the little girl who hides from the Nazis in an attic and still believes that people are good at heart.
01:29:11.740And I want my kids to know that even in the darkest places, you can still find light.
01:49:32.420Let me just give you an update quickly, and then I want to talk about the polls.
01:49:36.660An update on two stories that I read today.
01:49:41.420First of all, I don't know if you've seen the news story from AnnMagazine.com about the coup plotters that considered never allowing Trump to be inaugurated.
01:49:53.420This comes from a former senior Department of Defense official and said,
01:49:59.600In the wake of Donald Trump's surprise victory in November 16th, a national intelligence estimate was rushed through, pushing the false Russian collusion narrative and asserting as the judgment of the intelligence community as a whole that Russia had not only interfered in the election, but had done so in order to assist Donald Trump and help him become president.
01:50:32.720According, according to this senior Defense Department official, they were working on the idea that they would would not allow the president to become president.
01:50:50.220All work of the NIE was done at top secret level with only a handful of individuals having access to what was written.
01:50:57.480Objections to the conclusions reached were dismissed on the basis that Mr. Brennan, Mr. Comey, Mr. Clapper had personally written the NIE findings and recommendations and would handle all interagency input themselves.
01:51:14.220On November 10th, the senior official speaking received a phone call in his office at the Pentagon on a secure phone.
01:51:22.380The call was from the Department of Defense Undersecretary's Office that coordinated attendance and participation in interagency meetings at the White House.
01:51:29.860The call concerned planning for a short fuse interagency meeting at the White House.
01:51:35.020It was explained that the new committee was being formed to finalize and establish the timeline and storyline connecting Russia with the election of Donald Trump.
01:51:45.140During the phone call, it was explained to the source that one of the committee's taskings was a plan to delay and or reschedule the inauguration.
01:51:56.300At one point, there was significant discussion of the possibility of simply not handing over the presidency to Donald Trump.
01:53:03.440OK, apparently some of the stuff in the Clinton documents that were released by WikiLeaks now have become available and now are playing a role in the Russia collusion investigation on Hillary Clinton.
01:53:17.420That guy was working for Hillary Clinton at the time.
01:53:21.140That's one's running the transition integrity project.
01:53:23.740Now, they believe that he may have been the source of of hiring people to.
01:53:34.840Pink, get a computer, ping the bank and then tie it all to Donald Trump.
01:53:40.700That that, too, was a setup inside the Clinton campaign.
01:53:45.980And the guy who did it, they're now investigating, they think might be the guy who's running the transition integrity project.
01:53:57.880Democrats have this thing where they say they're for the peaceful transition of power, but never seem to actually execute that.
01:54:05.980Whenever they lose, they complain about it every time they say there's all sorts of conspiracies.
01:54:09.520They're doing things like this that are above and beyond anything we've seen publicly.
01:54:13.060And then Donald Trump has the reverse where he says he doesn't he never actually says that he's a transition of power.
01:54:20.980He never publicly like comes out and cheers it on like everybody else does.
01:54:25.360But there's no evidence that he's actually subverting it right now.
01:54:29.880Like, I'd much rather have a guy who comes out and says, look, I want to I want to wait for the election results to come in.
01:54:34.720And then when they come in, he's fine, as opposed to someone who is doing what the Democrats are doing, which is they all say, of course, we're going to respect this election until the election happens and they lose it.
01:54:45.320And then they don't respect it at all.
01:55:17.680You know, then you have the convention and we get into the debates and then people will start to focus and kind of make their.
01:55:23.900And what's happened is the the highest profile moment for Donald Trump to change an election that had been really consistent, which was a moderate lead for Joe Biden, was the first debate.
01:55:37.020And the first debate, you know, whether you think he did well or I think he did well, you know, the voters so far in the polls are saying he didn't do that well.
01:55:46.280And since that, he's he's really lost three or four points since then.
01:55:50.120And most of these like national polls are showing him down by 10 or 12 points.
01:55:54.020Now, do I think he's going to lose by 10 or 12 points?
01:56:58.500Also, Trump's job approval rating is is not horribly underwater like you would expect.
01:57:09.640Then there's the news about, you know, some critically important states.
01:57:14.560Republicans are signing up in record numbers.
01:57:19.340New voters and the voter registration rolls are going down with Democrats in record numbers.
01:57:25.480Yeah, I think both sides can find things to find positive parts to argue here.
01:57:30.060I would I would just say that this is it.
01:57:32.020If you if you are passionate about this and you feel like, am I going to volunteer that extra day?
01:57:37.200The answer is you should, because this if you if you're under the impression and I see it a lot in conservative media that Donald Trump's going to he's going to have this gigantic victory and he's going to win 45 states.
01:57:47.620And and and and the liberals are going to be crying that next day if if if if people don't get out and do everything they can, that is not going to occur.
01:57:57.020I have never I don't think I've ever made a political donation.
01:58:01.920I don't want to make political donations.
02:01:58.480He's had an unlimited battering by the media that no president, going back even to Reagan, who I thought would never get worse than Reagan or Bush.
02:02:08.160Then, as he's coming towards election, which in what would have probably been a tight election anyway, we get hit with a pandemic that destroys the economy, which is his strong suit.