SUPREME COURT FAILING AMERICA
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Summary
Julie Kelly of RealInvestigations joins Lou Dobbs on the Great America Show to talk about the latest in the ongoing case against President Trump and his team. Judge Chutkin upheld the broad gag order that she imposed against the President and his legal team.
Transcript
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Hello, everybody. I'm Lou Dobbs. Welcome to The Great America Show. Thanks for being with us.
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Well, on this fine Monday, we have a lot to talk about and we're going to be talking with
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Julie Kelly, investigative reporter at realinvestigations.com. She is the best in the
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business as far as I'm concerned. In fact, McConnell, Mitch McConnell has begun the week by calling for a
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strike against Iran. And Biden is urging a border deal, as Johnson calls the plan, dead on arrival.
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Biden is urging that the Republicans accept a border deal that would permit 1.8 million illegal
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immigrants into the country each and every year. It is sheer madness. And James Langford,
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senator from Oklahoma, is demanding that the Republicans sign on to the amnesty program.
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In point of fact, the state of Oklahoma is signing off on Senator Langford. That is at least the
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Republican conference, which is censoring him. And Republicans are releasing articles of impeachment
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against the secretary of the Department of Homeland Security. So the impeachment of the Biden
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administration is moving apace. And now we bring in Julie Kelly. As I said, a real clear
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investigations, a great investigative reporter and a great American. Julie, great to have you with us.
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A lot happening. President Trump denied again at the appellate level to move that gag order out.
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They want to keep it at the appellate level. Apparently, these people are sticking together
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Right. So this is the appeal of Judge Chutkin's broad gag order that she imposed against the president
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and his legal team and others. She imposed that in August of last year. So, of course, Trump's team
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appealed that. It went to a three-judge panel, the appellate court, and the appellate panel,
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of course. Now, I will say they did strip away quite a bit of Judge Chutkin's gag order. I was actually
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surprised. They did tell her to remove special counsel Jack Smith from being criticized by the
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president, saying he's a public servant, he's a public figure, and he is subjected to public
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criticism of his work. So they did gut her gag order quite a bit, but overall, they upheld it.
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This was the three-judge panel. And then what happens, Lou, is then the Trump's team,
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the appellate, can go back and ask for the entire D.C. Circuit Court to hear the arguments
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against the gag order. And that's what was denied. So that's really just the next step in the process
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before Trump's lawyers then can file cert before the Supreme Court and have them take up the issue.
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So it's more of a procedural issue. I'll tell you, Lou, the D.C. Circuit Court is packed with Obama
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appointees. It really wouldn't have mattered if what they call the en banc, the full court,
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would have heard this. They're going to uphold Judge Chutkin's order, the framework of it anyway,
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just as this panel did. So not a huge loss, but it does enable Trump's team now to go to the Supreme
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Court. Well, at least there is something of a pyrrhic victory in that he can still lambaste.
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The junkyard jackal, Jack Smith, the special counsel, that has to hearten him secretly,
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if not publicly. I would think he would feel that way. Do you really think it goes to the Supreme
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Court? Do they take the case? You know what, Lou? I don't know. The Supreme Court is being inundated,
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as you know, with Trump cases, 2024 election cases, and other matters dealing with the DOJ's
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prosecution of January 6th. So they already have quite a few issues on their docket. We know that
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next month they will hear the lawsuit seeking to overturn the Colorado Supreme Court ruling that
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removed Trump from the ballot. We also know that the Supreme Court has accepted hearing the appeal
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of the 1512 C2 obstruction of an official proceeding felony that's been slapped against more than 300
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January 6th defendants and represents half of Jack Smith's four-count indictment against Trump in
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Washington. Those oral arguments are expected to be scheduled for either March or April. There are other
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things we certainly know the presidential immunity appeal that was heard by a three-judge panel on
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January 9th. We are fully expecting that to end up at the Supreme Court as well. So will they grant
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cert in this gag order to consider this? I don't know. I mean, the Supreme, they can't really, I guess
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they could take up everything. Will they? No, because they're a political body, as we know. So they may just
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let it stand. I'm not even 100% convinced Trump's lawyers will take this to the Supreme Court because
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in its current form, yes, it's unfair, but it is workable in terms of criticizing Jack Smith,
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criticizing the DOJ, criticizing the judge. So there are limitations, but nothing that's overly,
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I think, restraining. So what is he left with in terms of
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being prohibited from speaking? The gag order, it seemed to me, was motivated primarily by Chutkin and
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Jack Smith wanting to preserve their sensitive little selves from the tongue lashing of Donald Trump.
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That's true. And that is why it was sort of amusing to see the three-judge panel. I believe,
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and I'm writing on something now, I think they were all Democrats, actually. These two of them were
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Democrats who expressed skepticism at the scope of Judge Chutkin's gag order. And as I said, gutted
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major parts of it. So he is able to speak. But keep in mind, Lou, all of the proceedings for the
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January 6th trial in Washington right now are on hold until they can settle the presidential
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immunity question. So this March 4th trial date is pretty much off the books. And Judge Chutkin
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kind of admitted that recently. So it seems like the gag order issue, again, I don't know what Team
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Trump is going to do. But we can see with Donald Trump's, you know, speeches, he's not feeling too
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constrained. So I think the gag order is less of a concern to them now that the appellate panel weighed
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in and, as I said, changed a lot of what Judge Chutkin originally ordered.
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You know, speaking of gag orders and gag orders that don't work, Ingeron in the New York State
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Court, Judge Ingeron, losing control of his court as final arguments are unfolding.
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Donald Trump taking over the courtroom as he's defying the judge's direct order. He goes after
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everyone in the room. He does it intelligently. He does it firmly. And it was just remarkable to see
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Donald Trump take over the courtroom. And the judge, the judge have no control and had no way in the
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world in which to deal with it. Because every word that that that, in my opinion, President Trump
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uttered was absolutely true. That's just that was just a remarkable performance. And I would think
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that would scare the Dickens out of federal judges.
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Well, look, I think overall, Lou, the American people, especially people on the right,
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are fully aware of the corruption of the Department of Justice and what they are capable and willing to
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do to not just take down Trump, his associates like Steve Bannon and Peter Navarro, who were convicted
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of contempt of Congress, and now 1200 plus Trump supporters, mostly Trump supporters who have been
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raided, arrested, charged, and, you know, taken plea deals or convicted by a D.C. jury for January 6th.
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But I think more broadly, Lou, people are waking up to this crisis we have in the judiciary.
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And these activist judges, whether it's someone like Tanya Chutkin, who is the Obama appointee,
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or Engeron, or some of these other judges, that we can't trust the judiciary to protect the rights of
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defendants, especially if his last name is Donald Trump, or tied to Donald Trump, and protect the
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defendants' rights and rein in an out-of-control DOJ or state prosecutors to make sure that they are
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enforcing the laws equally. That is the job of a judge. And I think just overall, this has been
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a big wake-up call for those on the right who still, you know, maybe think that the DOJ and these
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state prosecutors and these judges are acting the way that we expect them to. And that just isn't the
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case. And so this is just another institutional crisis in America, due to the politicization
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of these institutions and the judiciary in particular.
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We're talking with the great investigative reporter, Julie Kelly, at Real Clear Investigations. And you
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read her all over, and you hear about her here on the Great America podcast a great deal,
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because we have the highest respect for her and her reporting. And we're going to come back with
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her. And I think, Julie, I think everybody would like to get a sense of your thinking right now about
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that 5-4 decision where Justice Roberts and Justice Amy Coney Barrett decided to go left-wing and go
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against the state of Texas on that border trial. We're coming right back with Julie Kelly. Stay with us.
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Lou Dobbs here. I'm delighted to let you all know that the program Lou Dobbs Tonight has returned to the air.
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That's right. Lou Dobbs Tonight is back. We're live each and every weeknight at 7 p.m. Eastern and 6 p.m. Central
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on rumble.com slash Lou Dobbs. That's rumble.com slash Lou Dobbs. I hope you'll be joining us for
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Lou Dobbs Tonight as our fight to save this country has only begun.
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We're back now with Julie Kelly. And I want to ask you about that 5-4 decision. First of all,
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I was it was remarkable that they did not have arguments beforehand, that they did not hand down
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opinions with their ruling 5-4 decision. It's stunning because of the magnitude of what they did
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inciting with basically the most corrupt presidential regime in American history against a
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a robust and and resolute state government, particularly in the person of Governor Greg Abbott.
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Your your thoughts on what what motivated the Supreme Court in doing this?
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So, Lou, I have to say I haven't followed this closely. I did see the headlines.
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My understanding is that there's more to come on this lawsuit. But I think it speaks to the frustration
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that the right feels, especially the MAGA base, that we can't depend on the Supreme Court,
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certainly not these judges who everyone fought so hard for, including Amy Coney Barrett,
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to get seated on the Supreme Court only to be disappointed once again by their decisions.
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And this goes back to, of course, their failure to address any of the election lawsuits filed in 2020
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or 2021. They just don't seem to have the courage to take on these big fights that we need them to
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and be the stopgap for this lawless regime that is really putting our country in jeopardy.
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So, you know, I think that it's just one more example of the right being disappointed in these
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judicial picks. And it's certainly understandable.
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Yeah, I think my first thought was was that I was going to be I thought I would be disappointed,
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but I didn't think it would be on anything near this measure. And so now I'm just outraged.
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I am angry. I am furious with the Supreme Court because it has become a joke like every other
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part of our our government right now, as it stands with that 5-4 decision.
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The Supreme Court has now aligned itself with the Biden regime, the corrupt Justice Department,
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the corrupt FBI, the corrupt intelligence community.
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I can't find anywhere to turn to to any agency within any department that isn't run by Marxist Dems.
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They cited in this decision straightforwardly with the Mexican drug cartels that are killing 100,000,
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at least 100,000 Americans a year without consequence, without response from the United States.
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This is a court that is now, it appears, absolutely a tool of the Marxist Dems.
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Well, let's hope that they changed, changed course a little bit as these legal matters related to Trump
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and January 6th in the 2024 election end up on their docket. We really need the Supreme Court
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to reverse how the DOJ has been using 1512c2 obstruction of an official proceeding the post-Enron
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felony. They really need to reverse that and give the DOJ and all these federal judges a well-deserved
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overdue smackdown for the weaponization of that evidence tampering law that has turned peaceful
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protesters into convicted lifetime felons. So we need them to demonstrate some courage on that.
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We, of course, need them to demonstrate courage on this Colorado Supreme Court issue that will be before
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them next month and other things, other matters, especially presidential immunity from criminal
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prosecution. This will be a landmark Supreme Court decision, just like the decision by Obama appointee
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Judge Chudkin arguing that a president's acts in office can be subject to criminal prosecution.
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That's a first. So the Supreme Court will have to weigh in on that as well. We will need more courage
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from them. So let's hope that they demonstrate that because these are going to be permanent decisions
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with a permanent lasting impact on the country, not the very least of which is will we continue now start
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this spiral where presidents prosecute their predecessors, try to throw them in jail on bogus
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charges, just like we see in Banana Republics. Is that the future for this country? That will be a decision
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made by the Supreme Court. Unfortunately, it's our present reality. This is all contemporaneous. We are
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watching a corrupt federal government. There is no question whatsoever about who controls the government in every
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quarter. And that is the Marxist Dems who control the Democrat Party and the deep state. Do I wish that they would
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grant complete immunity to a sitting president? I don't see any other intelligent answer to the question. Do we want a
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president not to be immune to prosecution? I think the answer is absolutely yes. We're watching a court
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system, as you said, and I think it's fascinating because I hadn't really thought about it the way you expressed
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it. This court system, the federal court system is inundated. The D.C. court system is inundated with all sorts of
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actions from plaintiffs and prosecutors seeking some sort of resolution that all stems from the anarchy
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of the 2020 presidential election. But to think that they're the ones who are burdened while the
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president of the United States has to alternate between going to a campaign rally, going to a victory rally in
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New Hampshire, then a New York court, then a Georgia court. I mean, it's just it's inexplicable that we are
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demanding this and permitting this interference by the Justice Department and this administration, the Biden
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administration in the 2024 election. And right now they're getting away with it.
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Well, they certainly are. And, Lou, look, the federal courts in Washington have already drastically changed
00:19:07.960
how we have handled traditionally, say, executive privilege. Judge Chutkin and the appellate court judges
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have basically eliminated executive privilege protections for a former president. Joe Biden did
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it. He was the first to refuse to confer executive privilege to his predecessor, the first president
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in history. The courts have upheld that, forcing Donald Trump to turn over his records to the January 6th
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Select Committee, forcing him to turn them over, of course, to special counsel Jack Smith. The chief judge of the
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district court, Beryl Howell, another Obama appointee, took the extraordinary step of piercing attorney-client
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privilege between a former president and his lawyer, forcing Evan Corcoran to turn over personal and privilege
00:20:01.560
records to Jack Smith to Jack Smith about his communications with Donald Trump in the classified
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documents case. And furthermore, even more egregiously, Beryl Howell allowed Jack Smith to circumvent the normal
00:20:16.340
process for executive privilege, forcing Twitter, issuing a search warrant, forcing Twitter to turn over all of
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Donald Trump's Twitter records, including DMs and other private, what would be privileged records, forced
00:20:33.380
Twitter to turn those over to Jack Smith and added a non-disclosure order preventing Twitter from telling
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Donald Trump about it. So these are radical changes that have already been made by this court system
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that people are not paying attention to, but will have dire consequences, certainly for the for the next
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president, you know, and certainly for for Donald Trump right now.
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We're talking with Julie Kelly, real clear investigations, brilliant investigative reporter, and we're going to
00:21:12.240
continue the conversation with where where does all of this leave America right now, the American people,
00:21:18.860
the American middle class, and future generations, because as she has just said, we're changing the nature of the
00:21:27.140
nation and the future of generations to come. We'll be right back. Stay with us.
00:21:32.780
We're back. We're talking with Julie Kelly, real clear investigations, and I want to take up a couple of
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things that have happened here of late that are really astonishing to me. We are now looking at video
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of a Secret Service vehicle, a Metro police vehicle, following the January 5th and the dawn of the
00:22:02.780
January 6th when a pipe bomb was discovered sensibly at the DNC and RNC video of the RNC and the location
00:22:14.160
of that bomb. As you are reporting on this, can you believe we're actually having this discussion
00:22:20.700
about why a vice president showed up, a soon to be vice president showed up at the DNC at the precise
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moment that this mystery, this phenomenal pipe bomb was discovered, but no one seemed in law enforcement
00:22:38.920
to even be in the slightest really concerned about it. You're thinking.
00:22:45.060
So, Lou, you're referring, of course, to the report that was published this week by Darren Beatty at Revolver News,
00:22:52.140
and this is security footage that shows the alleged discovery of this pipe bomb outside the headquarters
00:23:00.220
of the DNC at around 110-107 the afternoon of January 6th. Now, a separate device, we are told,
00:23:09.620
had been already discovered right outside of the headquarters of the Republican National Committee. Now,
00:23:16.480
these buildings are near each other, and they're a few blocks away from the U.S. Capitol. So, what
00:23:22.720
happened with the pipe bomb is that sort of set off the first wave of panic that day, redirected law
00:23:28.140
enforcement, you know, that nearby House office buildings were evacuated. But, Lou, what we didn't
00:23:35.780
know at the time and what the DOJ lied about for over a year, and something Kamala Harris herself has
00:23:42.240
never addressed is that the incoming vice president and sitting U.S. Senator, by the way,
00:23:50.300
left the Capitol on this momentous day, we're told. At around 1125, she had attended a Senate
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intelligence briefing. She left instead of staying for the ceremonial procedures, where she was going
00:24:05.540
to be certified as the first female vice president in U.S. history. Oddly, she left and went to the DNC
00:24:11.740
headquarters, where she remained until after the joint session convened. She never went back
00:24:17.700
and was evacuated after this alleged pipe bomb was found. Well, what this video demonstrates and what
00:24:23.800
Darren Beatty reports very carefully is the odd reaction by both Secret Service and Metropolitan D.C.
00:24:32.200
police, who apparently they were alerted by this individual in a backpack, who we later find out
00:24:39.960
was a plainclothes capitol police officer. But none of it adds up. And of course, Lou, as you know,
00:24:48.720
and your listeners know, the pipe bomber has never been identified, let alone arrested.
00:24:55.920
And it seems like the FBI, you know, occasionally will bring this up. But despite all of their resources
00:25:02.360
that they have geofence warrants, you know, facial recognition, everything at their disposal that
00:25:08.620
they're using to round up 1300 plus Americans, they still haven't identified the pipe bomber.
00:25:14.800
So this is just another unanswered question, another mystery, something that just does not add up about
00:25:21.080
January 6. And so I urge people to go check out Darren Beatty's reporting in this video, because
00:25:27.160
everyone will raise their eyebrows like this doesn't make sense. None of it makes sense. And it hasn't
00:25:34.900
made sense from the incipient point at which we're told about it. None of it made sense. And then you
00:25:42.380
watch this video. It's to see those kids walking near that pipe bomb, no concern on the part of the
00:25:51.120
the law enforcement officers around. They want to evacuate officials, but they have no problem with
00:25:59.180
school children being near the purported pipe bomb. We really don't know too much about what was in the
00:26:07.360
pipe bomb, because that's sort of the nature of DC and law enforcement, whether it's the Metro Police,
00:26:14.280
the Capitol Police, the Secret Service, we don't get a lot of information. But here we are asking the
00:26:22.100
questions and there and and the FBI leadership doesn't have anything to say. No one is is responding
00:26:30.760
to this remarkable story. And all of the questions you as you said that are that are there. And I just
00:26:39.140
can't figure out why we've now had two speakers, Republican speakers of the House who promised to
00:26:45.620
release those videos of the of the Capitol on January 6th, and they still haven't done so. They
00:26:52.120
promised and they've let a few out, but but none of any quantity and none at the at the rate that they
00:27:00.500
should have. Your thoughts about why in the world we can't get our hands on those videos?
00:27:05.800
I know that they are slowly posting them on rumble. I think it needs to be done much quicker. And I
00:27:14.900
think that they need to do it on a rolling basis. It's kind of been haphazard how they've released
00:27:20.040
them. But Lou, I think there's a bigger problem with how House Republicans have handled this generally,
00:27:26.020
and that is they should have formed their own January 6 select committee to not only expose all of
00:27:32.700
the truth about January 6, release all the records, the videos, hold their own hearings, but also to
00:27:37.680
investigate the former January 6 committee. Because as we now know, and Representative Barry
00:27:45.380
Loudermilk is the one who's really digging into this. We now know that the January 6 select committee
00:27:52.060
has destroyed evidence that it collected, collected on the taxpayer dime, I will remind everyone.
00:27:59.000
We now know that all of the video recordings of 1000 plus witness depositions are gone. They were not
00:28:06.600
archived or turned over to Republicans as is required. We know that there are a lot of missing
00:28:12.300
written transcripts, including those of Secret Service agents. Keep in mind too, Lou, as we're talking
00:28:20.280
about the Secret Service, there's something really shady happening there. All of the text messages between
00:28:27.140
three dozen Secret Service officials and agents, including the head of the Secret Service, were purged
00:28:34.180
by Joe Biden's Department of Homeland Security at the end of January 2021. All of those text messages before and on
00:28:43.140
January 6 are gone, and have never been retrieved. So this just continues to build suspicion about the Secret
00:28:52.900
Service's role and what they did, especially with this pipe bomb situation. So we don't have those records.
00:29:00.500
The January 6 select committee has buried certain Secret Service interviews at the White House. They say
00:29:06.100
that they're still reviewing them for security purposes. Over a year later, we still don't have them.
00:29:12.420
So this is why Republicans, I think, made a mistake not forming their own committee and taking this as public as
00:29:18.820
possible. And you and I, I think we'll agree on what I'm about to say, which is they've made all sorts of
00:29:25.620
mistakes and mistakes that have cost over a thousand Americans who have been the held hostage by the
00:29:34.900
Marxist Dems and the D.C. prosecutors offices and the D.C. judiciary. They are now in cells,
00:29:44.740
many of them, hundreds of them, still awaiting trial for most of those. I think that's correct.
00:29:53.300
We have to do something. And the Republicans have done nothing. They haven't mounted an energized, animated,
00:29:59.700
passionate appeal on their behalf, and they have not done anything either inventive or even routine to try to help
00:30:07.940
these hostages. And it's frustrating as it can possibly be. I know no one covers it better than
00:30:14.660
you, but we've got to do something. By the way, Biden, the White House receives those files from
00:30:19.460
the J6 committee. The Republicans do not, and they just take it. It is just outrageous what the Republicans
00:30:27.780
have, if you will, just taken. Because it really, as you know, those prisoners, those January 6 prisoners,
00:30:35.940
are paying a hell of a price. Julie, we always enjoy talking with you. We thank you for being
00:30:40.980
with us, and we thank you for everything you're doing. God bless you, and come back soon.
00:30:45.940
I will, Lou. Thanks, as always, for having me on. Really appreciate it.
00:30:49.620
Thanks, everybody, for being with us. Join us here tomorrow for The Great America Show.
00:30:54.340
And please join us for Lou Dobbs tonight, each and every weeknight, on Rumble, Twitter, and Frank Speech,
00:31:00.660
7 p.m. Eastern, 6 p.m. Central. Follow me on Twitter and Truth Social,
00:31:06.020
at Lou Dobbs, and on Facebook and Instagram, at Lou Dobbs tonight. Thanks, everybody. Thanks for
00:31:12.020
being with us. God bless you, and may God bless America.