After Joe Biden's disastrous debate performance on Thursday night, the media is finally waking up to the problem that has been obvious to just about anyone with eyes and ears for months and years now: Joe Biden is struggling and his age has caught up with him.
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00:00:30.920Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
00:00:41.840Hey, everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show.
00:00:45.380We are officially halfway through 2024.
00:00:48.060And the big question is whether President Joe Biden will be the Democratic nominee by the end of this week.
00:00:55.760We know the media revolt against him is well underway.
00:00:59.100Paper after paper, suddenly reporting on the story that has been obvious to just about anyone with eyes and ears for months and, let's be honest, years now.
00:01:10.500Joe Biden is struggling and his age has caught up with him.
00:01:14.280It's not a pleasant story to report on.
00:01:15.980No one's enjoying watching this, but we've been forced to by Jill Biden and the cabal around him and by the candidate himself.
00:01:24.660We on this show reported on Joe Biden's obviously faltering mental cognition more than two years ago.
00:02:04.700They were running cover for the guy they thought could beat the modern day Hitler, Donald Trump.
00:02:10.080So many in the larger media and members of the president's staff and family have been lying to you for a very long time and asking you not to believe your lying eyes.
00:02:25.240Biden's disastrous debate performance, the media elite have finally woken up and they are in full on panic mode as they attempt to push out this president.
00:02:36.760Here's just a small sampling from over the past two days.
00:02:40.080From The New York Times, the headline to serve his country, President Biden should leave the race.
00:02:46.460The editorial board writing in part, as it stands, the president is engaged in a reckless gamble.
00:02:52.580The Atlanta Journal-Constitution writing, it's time for Biden to pass the torch.
00:02:57.420Let's not forget, Georgia has become a critical swing state.
00:03:01.280From The New Yorker, for the president to insist on remaining the Democratic candidate would be an act not only of self-delusion, but of national endangerment.
00:03:10.080Editor David Remnick evoking Mark Twain's quote, it is sad to go to pieces like this, but we all have to do it.
00:03:17.480Speaking of aging, writing, quote, on Thursday night, it was Joe Biden's turn.
00:03:21.460But unlike the rest of us, he went to pieces on CNN in front of tens of millions of his compatriots.
00:03:29.040Both The Washington Post and The Wall Street Journal editorial boards did not go that far, but said bowing out should be seriously considered by the president.
00:03:36.940Something Van Jones echoed on CNN moments after the debate.
00:03:41.780Maureen Dowd and Tom Friedman at The New York Times.
00:03:44.640We know that Mr. Biden himself reads Maureen Dowd religiously.
00:03:49.060We believe her column was the reason he finally acknowledged his seventh grandchild, Navy Biden.
00:03:54.260Both Dowd and Tom Friedman at The Times calling for Mr.
00:03:58.120Biden to step aside, Dowd in acerbic terms, which I will quote in more full terms in a moment.
00:04:06.660Their colleague, Ezra Klein, who's been calling for an open convention since February, took a victory lap on his podcast and spared no one around the president.
00:04:18.140Mr. Biden's favorite TV show host, Joe Scarborough, said it was time for the president to consider leaving this race to help his party defeat Donald Trump.
00:04:28.700And this didn't just come from America.
00:04:32.420Britain's largest culture or current affairs magazine, The Economist, called on President Biden to step aside.
00:04:40.980The Philadelphia Inquirer's editorial board taking a different tact, instead calling on Trump to leave the race, saying, quote, Biden had a horrible night Thursday, but the debate about the debate is misplaced.
00:04:55.900The only person who should withdraw from the race is Trump.
00:04:59.820It's not just the media, though the media matters, especially in Democrat circles.
00:05:27.140How am I going to actually go in there and do what I've been pledged to do when I understand this guy cannot be the president for four more years?
00:05:34.540My guest for the full show today is someone I've been wanting to talk to since the debate.
00:06:08.160So the media, almost universally, left wing media, but I repeat myself, has turned on him.
00:06:15.240But the top Democrat politicians, Obama, Hillary, Hakeem Jeffries in the House, James Clyburn, publicly have not, though there are reports now that behind closed doors, Pelosi, Jeffries and Clyburn have all expressed serious doubts about his ability to continue.
00:06:36.760So where does that leave us today on Monday?
00:06:38.520Well, first, I want to tell you the story, how I kind of saw the debate.
00:06:43.060And I think it's really important because those of us that are in free thinking media, we weren't that necessarily surprised by what we saw.
00:06:50.920So I watched the debate kind of alone, quarantined without anybody around.
00:06:55.060I want to get my own opinions and my own perspectives shaped.
00:06:58.840So I'm watching the debate and Biden glitches and he kind of overloads and he talks about beating Medicare and all that.
00:07:05.100I said, oh, you know, that's just another day at the White House.
00:07:07.840You know, I for me, the the way that I was expecting a glitch that would be really bad would be like Joe Biden capsizing or, you know, him, you know, completely stumbling over his words for 10 or 15, 10 or 15 seconds straight.
00:07:21.680So I said, OK, that's bad. But, you know, obviously, the American people are used to that.
00:07:25.320What was shocking, Megan, is that no, they aren't used to that is because the mainstream media for the last couple of years have been involved in an active cover up operation of Joe Biden's failing mental state.
00:07:38.300And there was no ability to cover it up right there.
00:07:40.780It was 50 million people, plus the tens of millions of others that saw clips of it and the tens of millions of others that saw the debate coverage.
00:07:47.180And the media realized we can no longer do what we've been doing.
00:07:51.340We can no longer cover up for this. We can no longer lie. We can no longer smear.
00:07:56.000And you saw in real time that there was a green light lit as soon as that CNN debate ended.
00:08:03.600John King, he was the one that crossed the Rubicon. He was the one that launched that original salvo.
00:08:08.900John King says, I'm talking to lots of senior Democrats and they believe that it's time to remove him.
00:08:14.400And then all of a sudden, Chris Wallace piled on. And it was as if as soon as that began.
00:08:20.500Yes, it was fashionable all of a sudden to go after Joe Biden.
00:08:24.140And again, there this on a scale of like one to ten of Joe Biden's typical press conference.
00:08:31.180It was bad, but it wasn't as bad as what we saw when he's reading the teleprompter that says, stop talking.
00:08:36.980Or where he's just kind of meandering and he can't find the stairs.
00:08:40.660But it just goes to show how millions of people in this country have still not been exposed to what you and I see on a daily basis.
00:08:49.480And it's remarkable how much power the propaganda still have.
00:08:53.560Donald Trump, you know, baited Joe Biden into this.
00:08:56.400And Joe Biden thought that he was going to be able to tighten the race and show that it's a choice between the stable Joe Biden and the out of control Donald Trump.
00:09:06.960And the Democrats are stuck on the surface.
00:09:09.440We're seeing people like Barack Obama and Bill Clinton and major donors like Reid Hoffman still have support for Joe Biden.
00:09:16.560But do you know what I find so interesting, Megan, is that for the first time since Joe Biden has become president, we are actually getting leaks out of the White House.
00:09:24.840For the first time that Joe Biden has become president, we're getting reporting.
00:09:29.460I'm looking at Politico.com and they say private conversations detail that they want to fire aides and they want to.
00:23:45.500To me, Charlie, that's the response to virtually all the defenders that I've seen out there who say it was one bad night.
00:23:50.900It was one bad night that you're complete.
00:23:53.000Obviously, it's gaslighting, but what the defendant defenders of the president who may have sincere hopes that he can rebound are missing is these are all age related issues.
00:24:02.720And unlike Barack Obama in 2012, when he was still in his 40s, he age only goes in one one direction.
00:24:11.140And dementia, if that's what the president is suffering from, yes, only goes in one direction.
00:24:15.440And everyone knows that because we've all taken care of an elderly relative or seen it done by friends.
00:25:03.640He's wonderful that this now needs to be an indictment of the entire Democrat Party, which plays into, by the way, one of Donald Trump's greatest strengths.
00:25:12.560One of Donald Trump's greatest strengths is that they're lying to you.
00:25:19.660I might not be the nice guy, but I'll plainly speak the truth to you.
00:25:23.520And I'm going to tell the truth about the big stuff that we're losing jobs and our border is open.
00:25:28.180So put me in office. And so the pattern now we see of how much we have been lied to and gaslit from the vaccine to lockdowns, to the war in Ukraine, to the origin of covid, to the wide open border, to there is no inflation, to inflation is good, to inflation is transitory.
00:25:44.600The repetition of lies. Now you can add to it that Joe Biden is completely coherent and knows where he is.
00:25:51.500And this was not a bad debate performance.
00:25:54.480A bad debate performance is what Barack Obama had against Mitt Romney in 2012 for the first debate.
00:26:00.480This was a this was a health crisis on display.
00:26:05.500A bad debate performance is that you forget some of your points.
00:26:09.060This is something completely different.
00:26:10.540This is that anybody who has dealt with someone suffering with Alzheimer's or dementia or some, you know, sister or cousin of it, it almost looked like sundowner syndrome.
00:26:18.680Like as soon as the sun goes down, like he's he's checking out or he he's does not have the same faculties.
00:26:25.420According to Politico dot com, he came off the stage and said to Jill Biden, I don't know if I felt my best.
00:26:32.320I don't really know what happened there.
00:27:09.040Like you cannot gaslight the American public.
00:27:11.220And was it it was one of the former Obama guys, David Plouffer, Ben Rhodes, who came out and said, yeah, I think you can't you can't gaslight people.
00:27:19.860The answer here is not to tell people they didn't see what they know they saw.
00:27:43.800And we'll have to read the opinion because this is going to be a confusing and nuanced one.
00:27:48.540But six to three in favor of upholding the following.
00:27:54.520It's written by Chief Justice Roberts.
00:27:56.840A former president has absolute immunity for his core constitutional powers.
00:28:02.220Former presidents are also entitled to at least a presumption of immunity for their official acts held under our constitutional structure of separated powers.
00:28:13.100The nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority.
00:28:24.140And he is entitled to at least a presumptive immunity for from prosecution for all of his official acts.
00:29:11.960For unofficial acts like let's take the most obvious.
00:29:14.720The court actually mentions this appointing an ambassador dealing with a foreign government.
00:29:21.280Those would be obvious official acts for which he would receive absolute immunity.
00:29:25.160But other official duties that were, you know, may or may not be clear, get a presumption of immunity that can be pierced.
00:29:31.200There's going to have to be a factual inquiry.
00:29:32.680I guarantee you, without having read the rest of the decision, they're going to remand it down to the D.C.
00:29:36.060Circuit to come up with or down to the district court to come up with a factual determination on whether the actions alleged here are official of absolute immunity.
00:29:48.020The official acts, official acts that get the presumption or obviously unofficial acts made purely as a candidate like his lawyer conceded that wouldn't get any presumption.
00:29:57.740By the way, here's just to get you up to speed.
00:29:59.880Here's Trump's lawyer at the oral argument conceding a series of events that would not be official at all.
00:30:09.940And I want to know if you agree or disagree about the characterization of these acts as private.
00:30:15.400Petitioner turned to a private attorney who was willing to spread knowingly false claims of election fraud to spearhead his challenges to the election results.
00:30:26.660Petitioner conspired with another private attorney who caused the filing in court of a verification signed by Petitioner that contained false allegations to support a challenge.
00:30:36.980Three private actors, two attorneys, including those mentioned above, and a political consultant helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding.
00:30:47.880And Petitioner and a co-conspirator attorney directed that effort.
00:31:00.200We would say, Your Honor, if I may, what we would say is official is things like meeting with the Department of Justice to deliberate about who's going to be the acting attorney general of the United States.
00:31:31.680They're going to remand it down to the lower courts to make a factual determination based on what's been alleged against Trump.
00:31:36.500The court in part three of its opinion indicates that in this case, no court has thus far considered how to distinguish between official and unofficial acts.
00:31:45.060And you heard Trump's lawyer there making a distinction saying, you know, consultations with the attorney general, that would be official acts.
00:31:51.920Trump did talk to the acting attorney general about the election and what we knew and so on.
00:31:57.340And this court is saying, as Trump's lawyer did, that would be an official act.
00:32:00.960Um, but listen, uh, moreover, Roberts continues, quote, the lower courts rendered their decisions on a highly expedited basis and did not analyze the conduct alleged in the indictment to decide which of it should be categorized as official and which unofficial.
00:32:14.400And that wasn't brief before the U.S. Supreme Court.
00:32:17.260So this is back to SCOTUS blog analysis.
00:32:19.660Uh, the Supreme Court's not going to make that determination now.
00:32:22.580Instead, it will send the case back to the lower courts for further proceedings, although it does offer some guidance, quote, quoting here from the opinion.
00:32:28.420Certain allegations, such as those involving Trump's discussions with the acting attorney general, are readily categorized in light of the nature of the president's official relationship to the office held by that individual.
00:32:40.820That was the third point in the discussion we just heard with Amy Coney Barrett and Trump's lawyer.
00:32:46.420Other allegations, such as those involving Trump's interactions with the vice president, state of officials and certain private parties and his comments to the general public present more difficult questions.
00:32:56.420Later in the opinion, the court does weigh in on some of the aspects, quote, Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.
00:33:09.100That's a that's a bulk of what he's been accused of doing, you know, that's illicit.
00:33:13.220And they send it back to the district court to determine, among other things, quote, whether a prosecution involving Trump's attempts to influence the vice president's oversight of the certification proceeding and his capacity as president of the Senate would pose any dangers of intrusion on the authorities and functions of the executive branch.
00:33:29.500So now, Charlie, to a factual inquiry by the district court, Judge Chutkin, who hates Trump, but she's going to get overruled if she lets her partisan politics control this decision on what exactly is being what what lives in Jack Smith's case against Trump and what dies and what's being alleged in an official capacity and what isn't.
00:33:50.740And whatever she does will determine what's left. There's only a meager part of the January 6th case left in the wake of the Supreme Court's behavior last week.
00:34:00.040But this also affects the Georgia case and the Mar-a-Lago case. Yes.
00:34:05.280The Georgia case. I mean, some of the acts that we heard Trump's lawyer concede are done in the unofficial capacity.
00:34:11.400Those will live on in the Georgia case, just like we heard that.
00:34:14.900So it's not that all the cases go away, but it's an enormous victory for Donald Trump and frankly, for the presidency.
00:34:21.180Huge. And the ability of presidents to make decisions without worrying about getting indicted writ large.
00:34:26.340Yeah. And to your point, the Fulton County case, to remember, it's all hinges on him making a phone call while president of Brad Roffensperger.
00:34:34.260Was that an official act? Was it an unofficial act? They're going to have to figure that one out.
00:34:39.340This is massive. They bet the entire farm on lawfare, specifically on this presidential immunity case.
00:34:45.600How much this is actually going to whittle down the indictments against Trump remains to be seen.
00:34:50.340But understand, this has not been a good week for Democrats.
00:34:53.360They thought that at this point in July of 2024, they thought they were going to be dealing with a damaged Donald Trump that barely got through a bitter primary with DeSantis.
00:35:03.020They thought that Joe Biden was going to be leading in the polls with tons of money.
00:35:06.700They thought that Donald Trump was going to be having two or three concurrent trials of state and federal.
00:35:13.560They just had a debate that was one of the worst debates in American history.
00:35:16.800They have an internal civil war brewing in the Democrat Party.
00:35:19.660Donald Trump got two great Supreme Court decisions on the 1512C and also on that's the January 6th one.
00:35:26.560And then also this particular one on presidential immunity.
00:35:30.660You're about to see some really desperate stuff from the American Democrat Party, because this has been a very, very bad week for Democrats.
00:35:43.400And they are falling up very, very short.
00:35:45.880Yeah, they ignored and covered up Biden's cognitive issues.
00:35:50.280They put all their money behind lawfare and the lawfare is falling apart by the minute.
00:35:55.900Fannie Willis is more than likely going to be bounced from this case, which could very well mean it doesn't get prosecuted at all.
00:36:01.880It's going to have to go to this Georgia board of prosecuting attorneys at this board that oversees them.
00:36:06.300We'll have to see whether somebody else will take it.
00:36:08.320So her disqualification or the failure to disqualify her is going up an appeal right now to a to three judges, all of whom are Republican appointed down in Georgia.
00:36:17.160That doesn't necessarily determine the day, but it's looking more promising for Trump down there.
00:36:22.500And once she's gone, this case has very little chance of going forward.
00:36:42.540I don't think it's going to work any better than convicted felon is working.
00:36:45.340And then you've got the January 6th case, which was the scariest case against him in a number of ways, gutted at its core claim last week by the Supreme Court saying you can't bring an obstruction for of an official proceeding case against these J6 defendants, including Trump.
00:37:00.880Leaving only two other lesser charges, which now may or may not have been gutted by today's decision.
00:37:06.380And then there's Mar-a-Lago where they have a more Trump reasonable judge.
00:37:10.600She's not in the tank for Trump, as his is her critics claim, but she's being reasonable and she's not like a Judge Chutkin or a Judge Mershon.
00:38:25.200Well, yeah, I mean, Barack Obama could be indicted for murdering an American citizen without due process on foreign soil when he drone strike that guy.
00:38:33.200Oh, he's, you know, alleged on terror acts.
00:38:37.660Well, you know, honestly, I believe he should have presidential immunity, because if you start all of a sudden going back into the official acts, for example, should Joe Biden be able to be held criminally accountable for the reckless withdrawal of Afghanistan?
00:38:51.760But no, I mean, that's an official act as president.
00:38:54.260Every single president would then be would be able to be indicted by the next president for what he actually did as president, fulfilling his duty and terms as commander in chief.
00:39:06.260And look, the Democrats, they were willing to put all of that in jeopardy because they would never believe that Democrats would actually be indicted on those things.
00:39:16.060So instead, getting and defeating Donald Trump has become the the most important mission critical component of the Democrat regime.
00:39:27.580It does not matter if the Constitution gets in the way.
00:39:30.000It doesn't matter if tradition gets in the way.
00:39:57.880I'm going to take a quick break and then I'm going to come back and I'm going to tell you what Justice Thomas wrote in his concurrence that bodes very poorly for the Jack Smith prosecution in Mar-a-Lago.
00:40:09.200So, again, the one that hasn't been dinged up too badly yet, that continues to roll along and that Trump does need to worry about if he loses in November or does he?
00:40:21.420I will read you what he wrote and we'll continue with our analysis.
00:40:27.300More with Charlie Kirk right after this.
00:40:28.640Turning Point USA's Charlie Kirk, author of Right Wing Revolution, is with me today as the news breaks about the Supreme Court finding that the president is entitled to absolute immunity for his official acts and a presumption of immunity for acts that may be official.
00:40:46.320Only unofficial acts would not be immune for criminal prosecution.
00:40:50.020A little bit more from the Roberts opinion.
00:40:52.040Again, it's a six three decision with the three libs.
00:40:54.640Sotomayor, Kagan and Ketanji Brown Jackson in the dissent.
00:40:58.540Roberts writes that Trump asserts a far broader immunity than the limited one we have recognized.
00:41:04.920As for the dissents, Roberts writes, they strike a tone of chilling doom that is wholly disproportionate to what the court actually does today.
00:41:14.000Conclude that immunity extends to official discussions between the president and his attorney general and then remand to the lower courts to determine in the first instance whether and to what extent Trump's remaining alleged conduct is entitled to immunity.
00:41:29.340Exactly as you and I just discussed, Charlie.
00:41:32.540They go on to say Roberts writing in his conclusion, quote, this case poses a question of lasting significance.
00:41:39.340He notes that the immunity question has not come up before, quote.
00:41:42.980But in addressing that question today, unlike the political branches and the public at large, we cannot afford to fixate exclusively or even primarily on present exigencies, end quote.
00:41:53.320He's trying to say this isn't just about Donald Trump.
00:41:55.420This is about the executive branch and how presidents are going to be able to behave on a go forward basis.
00:42:03.920The president enjoys no immunity for his unofficial acts and not everything the president does is official.
00:42:10.000The president is not above the law, but Congress may not criminalize the president's conduct in carrying out the responsibilities of the executive branch under the Constitution.
00:42:20.680And before I get to that, Justice Thomas Diddy I told you about, let me give you Justice Sotomayor.
00:42:27.500He went after I was just sort of my or with one of the nastiest dissents, not respectfully, not.
00:42:32.940She just was like, with our democracy at stake, I dissent.
00:42:54.340Today's decision to grant former presidents criminal immunity reshapes the institution of the presidency.
00:43:02.260It makes a mockery of the principle foundational to our Constitution and system of government that no man is above the law, relying on little more than its own misguided wisdom about the need for, quote, bold and unhesitating action, end quote, by the president.
00:43:15.940The court gives former President Trump all the immunity he asked for and more because our Constitution does not shield a former president from answering for criminal and treasonous acts.
00:43:28.700I dissent joined by the other two libs.
00:44:14.960What acts exactly, Sotomayor, just the mayor, is treasonous with Donald Trump when he said, I want you to peacefully and patriotically march to the Capitol?
00:44:23.120He has not been convicted of anything even close to indicted for anything close to treason, let alone convicted of anything close to treason.
00:44:30.400Isn't that legal malpractice, Megan, that you are a U.S. Supreme Court, one of the nine?
00:44:36.980You're a judge on the Supreme Court, a justice, and you use treasonous?
00:44:41.320Don't you believe in the presumption of innocence or are you just kind of applying that label haphazardly because you think it was treasonous?
00:47:18.460OK, so before we go to break, quickly, here, no, we actually have to take a break.
00:47:23.580And I want to give this a minute because I do think there's some very, very promising news for Trump in that Mar-a-Lago case, based on what I just read in the Thomas concurrence.
00:47:34.440He's part of the six of the six three.
00:47:36.420By the way, Ketanji Brown Jackson was in the minority here.
00:48:32.920I'm Megan Kelly, host of The Megan Kelly Show on Sirius XM.
00:48:37.740It's your home for open, honest and provocative conversations with the most interesting and important political, legal and cultural figures today.
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00:51:26.620How many of the of the conservatives does he speak for?
00:51:29.860And is that a backdoor to Trump's potential conviction on the one piece of all the lawfare against him that is concerned me
00:51:40.000and many other legal experts from the beginning, which is yes, big time, the obstruction piece of the Mar-a-Lago case,
00:51:45.660his refusal to turn over the documents once subpoenaed, whether you're on his side or not.
00:51:50.660That's a problematic fact for Donald Trump.
00:51:54.080But if Jack Smith doesn't have the legal authority to bring the case against him, it's irrelevant whether he crossed the law or the line or not.
00:52:01.740My God, I mean, like the good news just keeps coming for him, Charlie.
00:52:04.920I know. Well, and this is this is Clarence Thomas not so subtly saying we see you, Jack Smith, and all that work you're putting in.
00:52:13.060I might be able to get to five because this is more of the Thomas court than the Roberts court, actually.
00:52:19.220And so you better watch yourself. That's what this is all about.
00:52:22.200And again, it is more of the Thomas court. Thomas works that room.
00:52:26.160He's super well liked, Megan. He's like the night. I don't know if you ever met him.
00:52:29.660He is the sweetest, best person ever. I mean, he is just a uniquely American story.
00:52:35.500And everybody, including even RBG and everyone, they said he's just the he got along with all the libs for years.
00:52:41.200And he's just he's personable and he's human. He's just terrific.
00:52:44.760So therefore, he's really won a lot of favor over with the court.
00:52:49.080And especially, I bet, on these high stakes decisions, he's going to try to work the ropes a little bit, you know, with, hey, ACB, let's talk about this.
00:52:57.700Was this illegally constituted? So if you start with from a strict constitutional standpoint, probably Thomas, Alito and Gorsuch would go along.
00:53:08.420The question is, can you win Kavanaugh and Amy Coney Barrett on this idea that Jack Smith and the the way that this was put together was not constitutional, that it wasn't through a U.S. attorney.
00:53:21.980It wasn't through a deputy. It wasn't through Lisa Monaco.
00:53:28.480I could just look at the politics of this and the media and the communication side of it, which is Clarence Thomas saying this and broadcasting this.
00:53:35.460I mean, I would go into cardiac arrest if I was Jack Smith at this point.
00:53:41.260Not only did you lose on 1512, not only did you lose on presidential immunity, but all of this work.
00:53:47.020Let's say you get to a conviction. It might get vacated by the Supreme Court.
00:53:50.440Just a little bit more color on Amy Coney Barrett.
00:53:56.180According to SCOTUSblog, and again, I have the opinion here, my team has brought it into me.
00:53:59.820It is about an inch and a half thick, so I have not yet read it.
00:54:17.980She agrees with the majority on the core constitutional powers, immunity, but would take a different approach to other official acts.
00:54:24.840She would look at whether the criminal statute under which the president is being charged applies to his conduct and whether that application to the particular facts.
00:55:01.700You know, it might have been if it was 5-4 on that on Fisher, I would have said, wow, the 6-3 might be a throwaway vote where it's just like, hey, I'm a free thinker.
00:55:12.880You know, it's a show vote, as you call it in the U.S. Senate.
00:55:21.620The court also notes in a footnote that the district court, if necessary, should consider whether two of the charges brought by Jack Smith against Trump in Washington, that's the J-6 case, involving obstruction of the official proceeding, can go forward in light of the court's ruling last week in Fisher.
00:56:22.620And by the way, how is Sotomayor's now official legal dissent as a justice on the Supreme Court any different than the unhinged musings of Joy Reid and MSNBC?
00:56:32.880Is there any daylight between the two?
00:56:35.620And the answer is no, I mean, it would be a fun game.
00:56:39.160Yeah, it would be a fun game of like, let me read to you Sotomayor and read to you Joy Reid's open.
00:56:47.500And and like I love how she's like with our democracy in peril.
00:56:51.760Again, I hate to be a stickler for words here.
00:56:54.280We are a constitutional republic, not a democracy.
00:56:57.240And this whole imparting of that we are a democracy, I actually believe, is an attempt to refound the country without the permission of the people into something that we aren't, which is much closer to an oligarchy, not a representative government.
00:57:08.960But yes, that is going to be the media headline.
00:57:11.220Donald Trump gets called the traitor by the dissent.
00:57:15.880If we did, boys would be banned nationwide from participating in girls sports.
00:57:21.440And Joe Biden wouldn't be allowed to run for president because the latest poll shows 72 percent of the electorate thinks he is too old and infirm for the job.
00:57:28.740So she should be glad even for her side that we don't have majority rule in this country.
00:57:34.340Like you mentioned, RGB, Ruth Bader, RBG, Ruth Bader Ginsburg, the term that kept coming to my mind over the weekend was Ruth Bader Biden or Joe Bader Ginsburg, because the comparisons to that situation have been plentiful.
00:57:50.840On the left, the sane left is seeing that if Joe Biden refuses to get out of this race and they acknowledge everyone acknowledges if he doesn't willingly go, he can't be dumped.
00:58:03.100That's an impossibility, given that ninety nine percent of the delegates are already pledged to him that if he refuses to go, he will be the Ruth Bader Ginsburg of presidents because he will more than likely cost the Democrats this race at a time when they could have won it.
00:58:20.000And it's already late in the game like they should have switched him out early on and had a primary, but he refused.
00:58:26.040But now in the wake of this disaster in which he did not deliver in that debate, he owes it to his party and they argue the country to step aside.
00:58:32.640And I agree as much as I would love to see a clear path for Trump to go in, the Republicans to win.
00:58:39.380Separate and apart from that, I just don't want our country to have to deal with an infirm president.
00:58:48.680Tell me whether the RBG argument is likely to prevail, even on those Democrats who are digging in on holding on to this guy saying just a bad night.
00:59:01.180And the reason is that the Democrat mafia is run by a bunch of octogenarians, and I think they're afraid if they pull Joe Biden, they're going to be pulled next.
00:59:08.740I mean, if they pull Joe Biden, does that mean Schumer and Pelosi have to go?
00:59:13.860I mean, she's actually sharper than Biden and a lot tougher.
00:59:16.380But there is this very interesting almost deal with the devil that has been done with this group of Democrat power brokers, Bill Clinton, Chuck Schumer, Nancy Pelosi, previously Harry Reid, Joe Biden.
00:59:31.620And they all kind of entered into politics at the same time, the late 70s and early 80s, when they all kind of began to get to D.C.
00:59:39.260And they look at themselves almost as like that's when we all we were like the class of 78 and they've all looked out for each other for the last 40 or 50 years during this managed decline of the United States of America.
00:59:51.660And, Megan, their entire identity and their purpose is in holding on to political power, like holding on to it to the bitter end, that we're not going to pass it down to the next generation, that we're not going to kind of just release control.
01:00:05.540We're not going. No, we are going to until the moment that we are in a casket, we are going to have political power.
01:00:13.120Amazing. I think this is actually one of the great weaknesses in both.
01:00:16.080The Republicans aren't immune to this either, by the way, just to be clear.
01:00:18.600But the Democrats are actually far worse right now, far worse.
01:00:21.360The Republican Party has younger voices that are ascendant.
01:00:24.620Say what you will about Speaker Johnson.
01:00:26.000He's definitely a different generation than Nancy Pelosi.
01:00:28.860I don't know if the RBG argument will actually resonate because the great Democrat fault line is that the base of the Democrat Party is hyper radical and very young, but their rulers are incredibly transactional and very, very old.
01:00:44.800And the old leaders, they're not all of a sudden going to hand off the baton.
01:00:48.360They will hold on to power until they are dead.
01:00:51.640And you look at Joe Biden, Joe Biden says they're a montage of just a few of them.
01:00:56.680Some of the names you mentioned are in here.
01:00:58.140Watch. This is their reaction over the weekend.
01:03:01.500To Jake Tapper and to Dana Bash's credit, which I never thought I would say, it goes really poorly when debate moderators are in the fact checking business.
01:04:06.640Trump stated good people on both sides.
01:04:09.760Just this week, that was debunked by Snopes.
01:04:11.800It's been debunked by many other nonpartisan fact checkers in the past that like, do we really want that debate where it's all what Jake Tapper and Dana Bash or Megyn Kelly or whomever think about the issues?
01:15:33.780When I fly to London, I can't complete sentences.
01:15:36.500You know, when I when I can't function for another week, what the whole week I say we're going
01:15:43.560to beat Medicare and I stare aimlessly.
01:15:45.960And what's so what's so amazing, and this is what's important, is that they're doubling and tripling down on this is only going to further turn people against the Democrat Party.
01:15:56.800They know what they saw, and because of that, Megan, now all of a sudden there have been increased Google searches of past Biden gaps and past Biden type mistakes.
01:16:06.680A lot of people didn't know this or see this.
01:17:18.940I wanted to make one other point in that first soundbite we bumped in with.
01:17:22.140She she said what a lot of Democrats have said, which is the problem with Biden right now is that his infirmity makes it impossible for him to stick it to Donald Trump.
01:17:32.260Like he failed in the debate because he wasn't able to raise all the points.
01:17:54.020Well, and you saw this in the Reid Hoffman memo.
01:17:56.520So the Reid Hoffman, he's a LinkedIn donor, LinkedIn founder, big Democrat donor.
01:18:00.540And he wrote there, he said, the most important thing of why we must stand by Joe Biden is being a good debater is not the same thing as being a good president.
01:18:28.020That point is that that he was the one on the ballot and yet now we're supposed to just kind of retreat from that and act as if this is OK.
01:18:35.940No, this is a nation in shame right now because we look to our president and he it's very similar to, by the way, for the 10 years that led up to Vladimir Putin, which was when Boris Yeltsin ran the post Soviet bloc in Russia.
01:18:50.560And he was like publicly drunk all the time and Russians were just so ashamed to see it.
01:18:56.380And by the way, Russian state media would cover it up like, oh, no, no, he's not drunk and he's perfectly fine.
01:19:20.360And again, so this is opening people's eyes to how the government actually works, which is the presidency under Joe Biden has become basically a photo op.
01:19:29.480You know, wake up, go take a picture with the people who won the spelling bee.
01:19:33.400Go have some ice cream, you know, maybe do a national security briefing so you're not totally out of the loop and go take a nap and you're done.
01:19:40.180Where the real power is, is it Jake Sullivan?
01:19:49.380And this is one of the reasons why we're seeing, you know, Steve Bannon go to federal prison and we're seeing Peter Navarro go to federal prison.
01:19:56.420So you have all these really bad people that basically are ungoverned within the government that have these like lifelong ambitions and they're going after them, whether it be in this representative of California.
01:20:46.180I sign it and it becomes an executive order.
01:20:48.360The form and the structure of government post Woodrow Wilson is governance by experts.
01:20:54.640Think about how often, Megan, have we heard trust the experts, trust the experts.
01:20:58.580COVID was a perfect example of this, where you had a shadow government that was basically calling the shots that usurped some of the authority of Donald Trump.
01:21:07.260How often did you hear in the Donald Trump presidency?
01:21:09.740We're not going to follow those executive orders.
01:21:11.420We're going to take stuff off of his desk because we are the sovereign.
01:21:16.540And that is why, as long as they can keep Joe Biden with a heartbeat, they think they can continue to run the government.
01:21:21.700And I hope it is an eye-opening experience for people that this means that your elections are not actually voting for an individual or a person to run the country.
01:21:31.380There is a shadow deep state, dare I call it a leviathan, that is actually the power center.
01:21:36.700And when Donald Trump called it the deep state, that's exactly what it is.
01:21:40.960The CIA, the Central Intelligence Agency, the Department of Justice, the Department of Labor, the Department of Education, this middle band bureaucracy, that is actually where the power lies.
01:21:51.000And Joe Biden is just a temporary figurehead being puppeteered.
01:21:54.700Just as we're speaking, Charlie, this breaking from NBC News, Steve Bannon has arrived to report to prison at Danbury, Connecticut.
01:22:04.780Supporters standing outside of the prison chanted his name upon arrival.
01:22:08.000Well, this administration is imprisoning its enemies, propping up a man in the presidency who's not actually president, even the six hours he pretends to be, and asking us to give him another seven months in office and then another four years.
01:22:38.940By the way, your interview with Steve Bannon was awesome, and it was so great because I know that he has not always been kind to you, and I thought it was just so classy the way you did it that there are things that transcend, you know, public disputes.
01:22:52.540I just want to give you credit for it.
01:23:03.420And, you know, Steve Bannon has his own style, and I was just doing a live stream with him last evening.
01:23:08.380And if you are willing to sacrifice all of your principles and all of the American principles just to put Donald Trump in jail or Steve Bannon in jail, then you must be defeated.
01:23:20.640I call it the Trump test, which is this, and this is the Trump test.
01:23:25.460And by the way, I have what I call the Biden test, and almost every conservative I know passes this, is are you willing to have Donald Trump become president if that means you will not lie, steal, cheat, or do illegal things?
01:23:38.920And if your answer is no, then I know what I'm dealing with.
01:23:43.820And by the way, most Democrats, their answer is no, I will not let him be president, and I will do illegal, unconstitutional, and evil things.
01:23:53.480Steve Bannon is going to federal prison.
01:24:06.840Yeah, and Eric Holder is making millions of dollars working with law firms.
01:24:12.640And so the crux and the essence of what we're seeing with the Steve Bannon thing, and we saw this happen with the debate a couple days ago.
01:24:20.720You have an illegitimate regime, and I think this makes the Steve Bannon thing look even worse, that they cannot prop up five or six sentences together, and one of the top podcasters that is building an opposition movement, we're going to go put him in federal prison for 123 days in the midst of the presidential election.
01:24:45.240The man who was the senior advisor to Donald Trump back in the 2016 race, and really got him on that populist nationalist direction.
01:24:53.260In this audience, everyone listen to this, you might hate Steve Bannon and hate Donald Trump.
01:24:57.880This is so evil what they are doing, we have never seen it in American history, ever.
01:25:04.400They are able to justify their behavior because they think that Bannon and Trump are such a threat to the country.
01:25:11.560We used to settle this stuff just through elections, but they believe that elections are no longer determinative, so much for the party of democracy.
01:25:20.540Speaking of evil, Chuck Schumer just used the word treason in response to the Supreme Court's decision today.
01:27:15.360It's because of Donald Trump's viewpoint, and he brings a population of people into the political equation that are not supposed to have a say in important matters.
01:27:28.180The American people that Donald Trump represents, which are the heartland, the flyover country, the forgotten man and woman, the muscular class,
01:27:36.960they have been factored out of the American political equation for the last couple of decades.
01:27:43.580Donald Trump brought them back in, and that is why they hate him.
01:27:57.040I hope saying it out loud makes it less likely.
01:28:00.180But look, we had from Julius Caesar to Abraham Lincoln to Bobby Kennedy to JFK to Martin Luther King to Malcolm X to the attempted assassination of Ronald Reagan,
01:28:10.660the attempted assassination of Gerald Ford.
01:28:12.540We have lived through a lot of this in American history, and we haven't had it in the last couple of decades.
01:28:54.180That's Chuck Schumer's favorite thing to do.
01:28:57.560No, you are going to see in July and August when reality really sets in and the new tracking polls come
01:29:03.620and these Supreme Court decisions start to go into effect.
01:29:07.240I mean, you're going to see stuff from the American left that will make what happened during Floydapalooza and COVID look like child's play.
01:29:13.480I don't know what that looks like, but you think that they're just going to hand the keys over to Donald Trump?
01:29:18.000You've been saying on the electoral front, like, hold your horses.
01:29:20.280People who are saying it's a lock, and I'm not saying it's a lock.
01:29:22.380It's, you know, I'm quoting what Bannon was saying, that if they stick with Biden and they don't replace him—