The Supreme Court this week started oral arguments on the important case Fisher v. United States, where a group of January 6th prisoners of war are challenging the government s gross abuse of power in charging them with obstruction of an official proceeding. It's a charge that in itself could bring 20 years in prison.
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00:00:33.760Hello, everybody. Welcome to The Great America Show. Great to have you with us.
00:00:38.180The Supreme Court this week started oral arguments on the important case Fisher v. United States,
00:00:44.940where a group of January 6th prisoners of war hostages are challenging the government's gross abuse of power of overcharging these political prisoners.
00:00:55.900The charge they are challenging is U.S. Statute 1512C2, obstruction of and attempt to obstruct an official proceeding.
00:01:05.580It's a charge that many legal scholars say is way over the top and should never have been a charge against those January 6ers with that statute.
00:01:17.600It's a charge that in itself could bring 20 years in prison.
00:01:22.840Supreme Court Justice Neil Gorsuch said in chambers this week he's skeptical of the charge.
00:01:28.860And in point of fact, well, let's listen to it.
00:01:33.440Challenging the Marxist Dems Solicitor General Elizabeth Prelogar.
00:01:40.180So what does that mean for the breadth of this statute?
00:01:45.680Would a sit-in that disrupts a trial or access to a federal courthouse qualify?
00:01:52.340Would a heckler in today's audience qualify or at the State of the Union address would pulling a fire alarm before a vote qualify for 20 years in federal prison?
00:02:07.120There are multiple elements of the statute that I think might not be satisfied by those hypotheticals.
00:02:12.260And it relates to the point I was going to make to the Chief Justice about the breadth of this statute.
00:02:16.000The kind of built-in limitations are the things that I think would potentially suggest that many of those things wouldn't be something the government could charge or prove as 1512C2, beyond a reasonable doubt,
00:02:26.820would include the fact that the Actis Reis does require obstruction, which we understand to be a meaningful interference.
00:02:32.740So that means that if you have some minor disruption or delay or some minimal outburst, we don't think it falls within the Actis Reis.
00:02:39.160My outbursts require the court to reconvene after the proceeding has been brought back into line or the pulling of the fire alarm,
00:02:53.560the vote has to be rescheduled, or the protest outside of a courthouse makes it inaccessible for a period of time.
00:03:03.320Are those all federal felonies subject to 20 years in prison?
00:03:06.420So with some of them, it would be necessary to show nexus.
00:03:09.760So with respect to the protest outside the courthouse, we'd have to show that, yes, they were aiming at the proceeding.
00:03:14.620Yeah, they were trying to stop the proceeding.
00:03:16.360Yes, and then we'd also have to be able to prove that they acted corruptly, and this sets a stringent mens rea.
00:03:21.620It's not even just the mere intent to obstruct.
00:03:23.740We have to show that also, but we have to show that they had corrupt intent in acting in that way.
00:03:30.000I know, I heard the argument yesterday, but I guess what I would say is that to the extent that your hypotheticals are pressing on the idea of a peaceful protest,
00:03:38.860even one that's quite disruptive, it's not clear to me that the government would be able to show that each of those protesters had corrupt intent.
00:03:45.340Protests that actually obstructs and impedes an official proceeding for an indefinite period would not be covered.
00:03:59.820As you see, the Biden Department of Justice folks aren't exactly the brightest.
00:04:04.580The solicitor general simply had no reasonable response or direct response to any of Gorsuch's questions, and that's not good if you're the solicitor general.
00:04:15.800The sit-ins at the hearings, the confirmation hearings of Brett Kavanaugh, or the pulling of a fire alarm to delay a vote by Congressman Bowman,
00:04:25.300or the mostly peaceful protest during the Black Lives Matter Summer of Love.
00:04:30.660These Marxist Dems don't get it, or if they do, they just ignore it.
00:04:36.140They're openly and outright lawless, and hopefully the Supreme Court will unanimously reject their Marxist views.
00:04:44.040And over in the House of Representatives this week, Speaker Mike Johnson, he just can't keep running his mouth this way.
00:04:51.880There's an old saying from Mark Twain that applies here to Johnson like no other.
00:04:57.020It is better, Twain said, to keep your mouth closed and let people think you're a fool than to open it and remove all doubt.
00:05:05.640Johnson, on CNN with Jake Tapper, where he told Tapper after World War II, America was given the responsibility to be the world police.
00:05:22.720We know the urgency in Ukraine and in Israel.
00:05:24.760And we are going to stand by Israel, our close ally and dear friend, and we are going to stand for freedom and make sure that Vladimir Putin doesn't march through Europe.
00:06:10.180And joining us now is Eli David, and a terrific person he is, and he's also a great patriot.
00:06:21.740I just want to say to you, first and foremost, this is a moment of extreme suspense for the Israelis as well as for the Iranians and the region.
00:06:33.120Give us your sense of where Israel will go in terms of its next actions.
00:06:43.500Indeed, just a few days ago, all of us were awake at 3 a.m. in the morning as hundreds of missiles, drone, ballistic missiles were launched towards us.
00:06:57.060Now, if and how Israel will respond, we will all have to, I guess, wait and see in the next few days.
00:07:03.560But just the precedent of the leading terrorist sponsoring country in the region, in the world, maybe, daring to launch hundreds of missiles at Israel is something that cannot go without response.
00:07:20.680If it goes without response, even if we manage to intercept almost all of them, it will be normalizing this.
00:07:29.080Just like Hamas was firing rockets in Israel for years, and we ignored that because we were intercepting them, and we saw how it ended on October 7th.
00:07:47.520I have to say I could not imagine Prime Minister Netanyahu not responding like you.
00:07:54.980I'm agreeing, I guess, I guess the questions are now, what is the calculus of that response?
00:08:03.720What are the counter responses by Iran, all of the terrorist groups that it sponsors,
00:08:12.880and some in the region who seem to be asserting themselves, whether it be Erdogan and Turkey,
00:08:21.400whether it be various smaller states coming to the aid of the great Satan, Iran?
00:08:31.940One thing we learned on that night, on Saturday evening, is that whatever Iran develops, it will use them.
00:08:43.780In violation of international sanctions, they developed ballistic missiles, they fired over 100 of them.
00:08:51.080They developed cruise missiles, they fired about 100 of them.
00:08:55.580They developed suicide drones, they fired several hundred of them.
00:09:00.420So we all know what's next when they manage to complete the development of nuclear weapons.
00:09:06.460There is no doubt after what happened this week.
00:09:09.840Of course, there are players, some of them in the region, that are overtly allies with Israel.
00:09:16.800Some of them behind the scenes are allies with Israel.
00:09:20.320And some of them are just trying to appease Iran or are afraid of Iran.
00:09:24.160But I cannot imagine any country in the region that will be happy to have the foremost terrorism sponsor of the world develop nuclear weapons.
00:09:35.280Let me turn to those allies of Israel, which are, let me start with, first of all,
00:09:46.540is Saudi Arabia being rational in this and in point of fact, perhaps quiescent, but at least supportive of Israel?
00:09:54.600There are, and according to the published reports, the Saudi Arabia Air Force actively assisted the allies, Israel, U.S., U.K., to intercept Iranian missiles.
00:10:10.260Biden got credit for helping Israel, but I think an even larger credit that is due is to Donald Trump and Jared Kushner and the Abraham Accords.
00:10:21.480What we saw on that night, the cooperation of almost all Arab countries, the Western so-called Arab countries,
00:10:32.300is a direct result of Abraham Accords, that all of them worked together.
00:10:37.060And one of the articles within Abraham Accords was exactly this intelligence and military cooperation we saw in the region.
00:10:46.020And, you know, that's no longer even hidden.
00:10:51.540Jordan, Saudi Arabia, the Gulf countries, they're all afraid of Iranian actions,
00:10:57.720and they all actively assisted Israel on that night.
00:11:00.840And the degree to which people are ignoring, at least in the West, and particularly the United States, particularly in Europe,
00:11:09.120the threat that Iran poses to the Arab states, the Gulf region,
00:11:14.920it certainly does not amount to anything they see as reportable.
00:11:21.860And I'm talking about both Europe again and the United States.
00:11:26.280They seem to see this as a one-off situation with the Biden regime demanding that Netanyahu and Israel unilaterally have a ceasefire with Hamas,
00:11:40.260that unilaterally they make the decision not, that Israel make the decision not to retaliate against that outrageous,
00:11:56.980The only thing different is it's this time the attack is direct and it is massive in terms of the firepower brought against the state of Israel.
00:12:06.600And yet we have an administration here that is decidedly one-sided in its judgments about what they can do.
00:12:17.480There has been no statement to Iran by this White House, this regime, to suggest what they should do going forward.
00:12:27.820But that advice flows freely, of course, to Israel.
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00:15:50.420We're talking with Eli and David live from Israel.
00:15:53.340And I want to start, as I suggested before the break, with your views about the role of China and Russia in whatever events may be next in line in this confrontation between Iran and Israel.
00:16:13.140Now, one of the biggest risks for the world is a weak U.S.
00:16:20.980The moment U.S. is perceived as strong, nobody dares to mess with other countries.
00:16:30.140Russia wouldn't have attacked Ukraine.
00:16:32.080Iran certainly wouldn't have launched hundreds of missiles.
00:16:36.380And I think even Hamas wouldn't have dared perpetrate October 7th massacre.
00:16:41.120But now that in the eyes of the axis of evil, the U.S. is viewed as less strong and less determined to stand up for its values, we see the regional conflicts getting out of control almost everywhere.
00:17:28.680And to me, it's an interesting seeming contradiction as the Biden administration, which has the worst foreign policy record and strategies in since certainly Jimmy Carter, perhaps beyond Jimmy Carter.
00:17:47.760I can't, for the life of me, understand where they have the arrogance to suggest to the sovereign state of Israel to suggest they were ordering Bibi Netanyahu and the Israelis to cease fire, then to not retaliate.
00:18:05.500Have you ever, I cannot recall a time in which we've seen such arrogance from even powerful and talented leadership in the United States and with this administration, powerful and bright and accomplished, they're not.
00:18:25.660The only time previously that the US administration demanded that Israel would not actively defend itself was during the first Iraq war, when Saddam sent missiles in Israel.
00:18:39.680But back then, the message was different.
00:18:41.820Essentially, the George Bush administration told Israel, you don't intervene.
00:20:29.460I don't think Chuck Schumer would have dared interfere in the internal politics of UK or Germany or France or any other country, let alone one of the closest allies of the US.
00:20:40.920Yeah, it is remarkable to me, condescension, as well as arrogance on the part of Schumer in particular, because he is Jewish and a very important representative of the United States government.
00:20:55.560Number, well, I'm going to say number four in the line of succession.
00:21:00.940This gets to be really a monstrous period where we are watching an outright attack on Israel with ballistic missiles, as well as guided missiles and rockets and drones.
00:21:13.720And somehow people have decided that because you have the most effective air defense systems in the world, that it's not an event that requires response.
00:21:28.900It is mind-boggling to see the attitudes that are being expressed by the United States.
00:21:35.020By the way, I think the Republicans have been altogether too quiet.
00:21:38.380I'm not going to give them any pats on the back here for the Israeli support that they've shown, because, frankly, they've been relatively quiet.
00:21:51.480And, luckily, we have a strong leader, and you just mentioned him, President Donald Trump, who is the leader of the Republican Party.
00:22:00.360But those below him and beyond, out to the fringes of the party, have said almost nothing of merit or import.
00:22:11.080The credit to President Trump is that he's not only on the right side of moral issues, but he's never afraid to express his opinion clearly and bravely.
00:22:27.640And it doesn't look like he cares whether the audience likes to hear that or not.
00:24:23.520I'm asking a lot, but if anyone can answer that, I think you have certainly the most likely chance of succeeding.
00:24:31.840It can end in either of the following two cases.
00:24:38.020Either Israel will resolutely complete the war with a decisive victory so that it would send a message to all the jihadists that you cannot just one day massacre people and get out of this successfully or get out of this alive.
00:24:56.860And it will be a lesson for them for maybe decades to come.
00:25:02.480Or Israel will cave under pressure from its Western friends and it would just reach some kind of ceasefire or anything that is short of total victory.
00:25:16.880And that would send a dangerous message to all the terrorists and terrorist sponsoring countries that you can commit massacres.
00:25:26.180You can kill people in the Western countries and there will be some fight, but you will be OK out of that.
00:25:33.260One of these two outcomes, one of them will bring peace and stability to the Western countries.
00:25:41.540I really hope it will be the first and not the second.
00:25:44.100Yeah, and it's interesting when we hear the Marxist Dems, this Biden regime say that Ukraine is defending democracy in its war with Russia, but they don't say the same thing about Israel in the Middle East, where Israel is the only democracy.
00:26:19.400And the more daring they are and the more they think they're succeeding, they will export it and we will see more terror attacks in the Western countries.
00:26:28.640Again, back to Churchill's comment on appeaser and the crocodile.
00:26:32.040And advice well worth everyone remembering.
00:26:39.360And it's a good thing that we, you know, in point of fact, as you said that, I have been saying of late that there is no doubt in my mind in this tumultuous period in which we all live,
00:26:51.360that there is no doubt in this tumultuous period in this tumultuous period in this tumultuous period in this tumultuous period.
00:26:59.160I don't know what happens in 1940, but this is our 1939.
00:27:04.100And without any question whatsoever, without reservation, I say that President Donald Trump is our Churchill.
00:27:13.160The United States does not have another leader in either party from any walk of life who could stand up with his strength, his vision, his intelligence and his resolve as a leader.
00:27:26.600He is Churchillian and he is the man for this moment.
00:27:31.760And I happen to believe we're going to be, we're going to have a new leadership in place in January of 2025.