After the Democratic National Convention, President Trump continues to be the center of attention in Washington, D.C. and beyond. Special Counsel Jack Smith has filed a superseding indictment in the District of Columbia against President Trump. What does this mean for the future of the Russia investigation, and why is this a good or bad thing? On this episode of The Stone Zone, host Roger Stone is joined by attorney Mike Davis to answer these questions and much more. Guest: Mike Davis, former Chief Counsel for Nominees to the Senate Judiciary Committee, the A3P Convention, the Article III Project, and Founder of the America First Project, Mike Davis joins the show to discuss the latest in the ongoing Russia investigation and what it means for President Trump and his 2020 re-election campaign. The Stonezone is brought to you by Roger Stone and the Stone Zone Podcast Network. Roger Stone has served as a senior campaign aide to three Republican presidents. He is a New York Times best-selling author and a longtime friend and advisor of President Donald Trump. As an outspoken libertarian, Stone has appeared on thousands of broadcasts, spoken at countless venues, and has lectured before the prestigious Oxford Political Union and the Cambridge Union Society, and lectured at Oxford University and the Oxford University, among other prestigious institutions. He has become a pop culture icon in the political and cultural arena, and is a prolific writer and a well-known conservative commentator. His work has been described as and is widely respected in the press and has been widely read in the conservative press, including The New York Magazine, The Daily Mail, The Weekly Standard, Playboy, and The Hollywood Reporter, and the New York Sun. . among other publications. and The New Republic. This episode was produced in the Sunday Times, The Hill, The Globe and The National Post, The New Statesman, The Los Angeles Sun, The Hollywood Sun, and many other publications, including the Hollywood Reporter. , and the Hollywood A.J. McCarthy s The Hollywood Nights The Hollywood Traveler. The New Yorker, The Hustler, and the Los Angeles Evening Post. In addition to his blog, The Wall Street Journal, The Huffington Post, and Rolling Stone . The Atlantic, The Harvard Crimson, The Independent, The Financial Times, and Hustler . and many others. Join Roger Stone s social media accounts, on Instapaper, on social media, and more.
00:15:40.140Judge Cannon vilified for ruling that Jack Smith was unconstitutionally appointed.
00:15:48.140Run through for us why that is the case.
00:15:51.160Well, I mean, she's citing a concurring opinion by Justice Clarence Thomas on the Supreme Court.
00:15:59.240And she's exactly right, that the Office of Special Counsel is unconstitutional because it was not created by Congress.
00:16:08.080We used to have a congressionally created Office of the Independent Counsel.
00:16:13.020We had Ken Starr as the Independent Counsel.
00:16:15.840And he ran the investigation against Bill Clinton.
00:16:19.200And the Democrats who pushed for the Office of Independent Counsel didn't like it so much after that boomeranged on them through Bill Clinton.
00:16:27.160So they let the Office of the Independent Counsel statute lapse.
00:16:32.080And Congress never created a new Office of the Independent Counsel.
00:16:35.920Congress didn't create the Office of Special Counsel.
00:16:38.160It was the Justice Department by fiat where the Attorney General just said,
00:16:43.780I'm just going to create this office by fiat, the Office of Special Counsel.
00:16:49.100And by fiat, I'm going to give it essentially unlimited jurisdiction across the entire country,
00:16:55.500unlimited power to investigate any crime, unlimited budget, essentially, right?
00:17:00.940The problem with that is that office violates the Constitution in several ways.
00:17:06.620In order to have an officer of the United States, it needs to be created by Congress.
00:17:12.700Like the Attorney General is an officer of the United States, so is the Deputy Attorney General.
00:17:18.640So are Assistant Attorney, Attorneys General, so are U.S. Attorneys.
00:17:23.680And there are like, I think it's 93 or 94 U.S. Attorneys around the country.
00:17:28.140Those are offices created by Congress.
00:17:30.980You have the President nominating people to fill those offices.
00:17:34.320The Senate confirms those officers, and then the President appoints those officers.
00:17:40.000And then you can have, like U.S. Attorneys' Offices, you have Assistant United States Attorneys, right?
00:17:46.260The difference between Jack Smith and these Assistant United States Attorneys is
00:17:50.920the Assistant United States Attorneys are managed on a day-to-day basis by the United States Attorney.
00:17:58.700They are managed on a day-to-day basis by a constitutional officer.
00:18:04.020The special counsel, in sharp contrast, intentionally is insulated by these Justice Department regulations,
00:18:11.720by fiats, that he is not managed on a day-to-day basis by the Attorney General or the Deputy Attorney General
00:18:18.480or an Assistant Attorney General or a U.S. Attorney.
00:20:00.440He reports to the Attorney General, but the problem is that the Attorney General's, the Justice Department's regulations insulate the Office of Special Counsel from day-to-day management from the Attorney General to whom the Special Counsel is supposed to report.
00:20:20.660Look, do they really want to play this game?
00:20:24.820Do they want presidents or their attorneys general to have the unilateral power to create these all-powerful offices with unlimited power and jurisdiction of budget?
00:20:35.160Right now we have the Office of Special Counsel.
00:20:37.920Do they really want Trump to create the Office of Viceroy and appoint crazy Mike Davis as the Viceroy and give me unlimited power and unlimited jurisdiction and unlimited budget?
00:20:48.680Because I promise you I will not be merciful and I will be relentless in pursuing Trump's political enemies, just like Jack Smith has done as the Special Counsel.
00:21:00.940That's not a good thing for our country to have Jack Smith as the Special Counsel or Mike Davis as the Viceroy, because we're both partisan hacks and it violates the Constitution to create offices to give us this unlimited budget and power and jurisdiction.
00:21:17.840We have a sentencing coming up for President Donald Trump.
00:21:24.120He was convicted in this travesty of a trial in Manhattan where somehow, without ever proving or even asserting a definite underlying crime, they took business transactions, business records, which even if accurate would be a non-criminal offense.
00:21:47.280For which the Trump organization would pay a fine, they've conjured this into a federal criminal investigation and the president just, I didn't know this because I'm not an attorney, but he can't appeal until he's sentenced and he has sentencing coming up September 18th.
00:22:04.280Now, there are some people who think that the judge is going to give him a sentence but suspend it until his appeals are exhausted.
00:22:14.620Others believe that he will be incarcerated immediately.
00:23:07.620On April 5th, a former Clinton federal judge went on Caitlin Collins' show on CNN and made this very same point, right?
00:23:16.720And then, of course, Caitlin quickly got her off air.
00:23:19.600But it's very clear under New York statute that Judge Juan Mershon has a conflict of interest that required him to be taken off this case.
00:23:27.860When President Trump raised this issue of his conflict of interest, his clear conflict of interest under New York statute, how did this Judge Mershon respond?
00:23:37.820He imposed an illegal, unconstitutional gag order on Trump and his team and said that if they ever mention Lauren Mershon's name again, Trump's going to go to jail.
00:23:48.700I mean, that tells you what we're dealing with with this judge.
00:23:51.500This is the judge who has been assigned supposedly randomly, but it's clearly not random to all of these Trump cases.
00:23:58.600He was on the Trump Organization case where the CFO got sent to Rikers Island.
00:24:07.440I think Mershon took so much heat for being so corrupt and being so-called randomly assigned to these cases that he just took himself off the Steve Bannon case.
00:24:17.660But this guy is a partisan operative who's corrupt, and I don't say that lightly.
00:24:22.620He is corrupt because his daughter is making money off of these cases over which he's presiding these unprecedented cases.
00:24:31.460So I have, look, selfishly, as a political hack, I actually hope Mershon puts Trump in jail for one hour, because then Trump's lawyers are going to be able to get to the Supreme Court of the United States very quickly after that, after they've turned Trump into Nelson Mandela and made him a legend, and guaranteed by putting him in jail that he beats Kamala handily on November 5th.
00:25:00.280Because the Supreme Court is going to stop that.
00:25:02.760There's no doubt the Supreme Court of the United States will step in and stay the execution of the judgment, stay the sentence pending appeal, and then Trump's going to be a legend after that, bigger than Nelson Mandela.
00:25:16.060But think about what Biden and Kamala and these Democrat operatives are doing to our country, that you're going to prosecute a former and likely future president under bogus charges.
00:25:27.640They have not even told Trump what the legal allegations are against him.
00:25:33.960The jury didn't have to unanimously decide.
00:25:36.220It was clearly a bogus, bogus rigged process where they charged Trump for booking a nuisance claim as a legal expense in his private books.
00:25:46.840I've been a lawyer for nearly 20 years.
00:25:48.380I've settled many of these nuisance claims for business people.
00:25:52.540I don't know what the hell else you would call it other than a legal expense.
00:25:56.340He put it in his books in 2017, his private books in 2017 that no one saw.
00:26:03.000And somehow that affected the 2016 election.
00:26:06.680And somehow that's a misdemeanor, a bookkeeping misdemeanor that they've somehow turned into a felony seven years later and tried to charge Trump and found him guilty of 34 felonies under this bogus theory.
00:26:19.980And they're going to try to throw Trump in prison.
00:26:21.540This is going to backfire spectacularly on Biden and Kamala and this Judge Mershon and Lauren Mershon and this Soros-funded DA, Alvin Bragg, and this Matthew Colangelo who got deployed from the Biden-Kamala Justice Department to bring these bogus charges against Trump with their lying witnesses.
00:26:44.760This is Michael Cohen, a convicted perjurer, a disbarred attorney who's changed his story many times, Stormy Daniels who testified she hated Trump.
00:26:53.780I mean, this is a clown car of a case.
00:26:57.200This is the worst case the Democrats have in this lawfare, and this is all they have left.
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00:38:03.680I saw it in the 1970 U.S. Senate race in New York when Robert Kennedy was assassinated.
00:38:12.800Governor Nelson Rockefeller appointed Charles Goodell, an upstate Republican congressman, to the U.S. Senate seat.
00:38:20.200Jim Buckley, the brother of William F. Buckley Jr., was the Conservative Party nominee.
00:38:25.620The Democrats nominated a multimillionaire named Dick Ottinger.
00:38:29.220Goodell, the liberal, who had moved against the Vietnam War, although a Republican, was running third.
00:38:36.060He leaked the story that he was dropping out.
00:38:39.540Then he bought television time, and the speculation was that he was going to drop out.
00:38:44.600And then, of course, he used the time to try to re-energize his candidacy.
00:38:49.060I thought, well, maybe this is a brilliant head fake to get the mainstream media coverage, which RFK recently has been complaining a lot about not getting.
00:39:00.680I saw this again in 2004 when a multibillionaire named Tom Golisano, who spent $125 million running for governor of New York, did the same thing.
00:39:10.420And scheduled a press conference, pardon me, scheduled TV time, spread speculation he was getting out, announced that he was not getting out, got millions of dollars worth of free publicity.
00:39:21.720But then I dug into this, and this is not that.
00:39:25.280Your information was right on the money.
00:39:28.420I think RFK has recognized that he cannot fight the lawfare of the Democrat Party and Mark Elias, their evil campaign lawyer, in which they seek to knock him off the ballot any place where it really matters.
00:40:08.400They successfully knocked him off the ballot in New York state, his home state, where his father was a U.S. senator.
00:40:15.160So I think that he is at heart a patriot.
00:40:19.720He is, like his father and his uncle at heart, an anti-communist.
00:40:23.160I think that he has very real, legitimate concerns about our current foreign policy, which seems to be moving us very swiftly towards war.
00:40:34.980He's done a huge service in the country, bringing attention to the health conditions of Americans, the trend towards obesity, the trends towards autism.
00:40:45.780And he lays this at the feet of big pharma.
00:40:49.940I really like his courage on the whole health freedom issue.
00:40:55.820Sure, I don't agree with him on abortion or climate control.
00:41:00.100Well, he's going to bring a lot of voters, and the deep state's scared of him.
00:41:02.780He's definitely a maverick, and for the people, even we disagree with him.
00:41:05.100So how big will this be when he endorses him today?
00:41:08.720Alex, I think that it's a game changer.
00:41:11.020I mean, I think that there are many people who are currently planning to vote for him who want some reassurance, particularly on the health freedom issues.
00:41:21.200The idea of RFK in a Trump administration, I think, would give those people the assurance that they're looking for.
00:41:29.020By the way, he's a very strong campaigner.
00:41:31.660He's a strong and energetic campaigner.
00:41:33.980So I assume that if, as we expect, he endorses Trump today, he's not going to just go and sit home.
00:41:41.980I suspect he would, and if the Trump campaign is smart, they would utilize him to hit the stump very energetically and begin working in the swing states.
00:41:52.980So I think this is potentially a political realignment in America in which the old-fashioned Democrats, working-class Democrats, who are patriotic, many of whom own guns and support the Second Amendment,
00:42:12.620many of whom are opposed to transgenderism being forced on our children, for example, no longer feel at home in this socialist-run Democrat Party.
00:42:28.740This is a major, major development that has the potential to really roil the presidential race.
00:42:35.680I think that's why the Democrats last night put out this rumor, we had a secret, there's a secret speaker, oh, it's going to be George Bush, oh, no, it's going to be Liz Cheney, oh, it's going to be Beyonce.
00:42:47.680Of course, in the end, it was none of them.
00:42:49.400It was just an effort to make sure people didn't tune out for Kamala Harris.
00:43:07.700I want to shift gears into last night, and as we were covering it together, it was just amazingly boring and repetitive, but also just incredible deception as well.
00:43:19.060But since you mentioned how he's anti-communist, Nicole Shanahan is his VP, and she is out there openly saying, we've got to go against these people.
00:43:28.880They're going to destroy America, and so she's really woken up and gotten more hardcore.
00:43:34.420Here she is saying that Kamala is a communist.
00:43:36.980Why is Kamala Harris sort of dangerous to you?
00:43:39.540I think Kamala Harris is dangerous to me because she is the ultimate puppet for an organization that has, I believe, since President Obama, not actually run real people.
00:43:58.780They have selected amongst a very small group of individuals that they can control and dictate policy over.
00:44:11.220I don't think Kamala Harris is somebody who will sit here and tell you how she feels.
00:44:16.880I think that human capacity of hers has long gone.
00:44:21.500I think that what she now represents is corporatism.
00:44:28.820She represents a huge amount of cronyism, and I do believe that she is using messaging.
00:44:38.920And this is the part that worries me the most, is that she uses messaging in a way to get populations of young, unknowing, innocent people to join her on these false virtue signal ambitions and actually take on policies that will eventually really hurt them in the future.
00:45:33.220Let's shift gears into last night and your takeaway from it.
00:45:36.900Look, I think Nicole Shanahan has been red-pilled through this entire process.
00:45:42.020Initially, I was critical of her candidacy because of her ties to Google.
00:45:46.480But I think she has now seen the big picture, and she recognizes the existential threat that a Harris-Waltz presidency or administration poses to the country.
00:45:59.380I believe she's substantially influential with RFK, who is, look, he's an alpha male.
00:46:09.500But if she's right, and if this happens, I think you're looking at the kind of long-term political realignment we had in this country in 1932.
00:46:21.340We had it again in 1968, where you put in place a permanent America first majority that consists of traditional Republicans, libertarian-minded younger voters, blue-collar working-class Catholics, particularly.
00:46:40.200Veterans, evangelicals, and you nailed it.
00:46:43.880This is a political realignment, not just here, but globally.
00:46:46.760So this is – and we talked last night at like midnight when we got off the air.
00:46:50.580You said, look, this is great news, but this is going to make the deep state want to kill Trump even more.
00:46:57.600First of all, let's think about what this really is.
00:46:59.940One of the leading Democrats in the country, probably the most famous name in the Democrat Party other than Roosevelt, Kennedy, endorsing the Republican candidate for president.
00:47:52.340So hitting that and then moving on to last night in the DNC, the time we have critical intel, globalists plotting to assassinate Trump and blame Iran, triggering a massive war and martial law.
00:48:00.740Washington Post and others are reporting Trump's shooter had three encrypted overseas accounts amid Iranian plot, threat, FBI, no proof, no nothing, trying to blame Iran.
00:48:09.580Iran says we don't want to kill Trump.
00:48:51.560What's to say that they will not try to kill him again?
00:48:55.820He poses an existential threat because now, particularly with Kennedy, which both enhances his chances of being elected, but at the same time, it also, Kennedy, I think, really understands very deeply and has done a huge amount of research on the murder of his father, particularly, and his uncle.
00:49:17.600And if you ask him, I've seen him in interviews.
00:49:21.620He openly says that the deep state did it.
00:49:24.480He says that he says specifically the CIA did it.
00:50:06.160What was your takeaway of her speech and just the compendium of it?
00:50:11.100First of all, I think it was flat, to be honest with you.
00:50:13.840In other words, here, this was her big opportunity.
00:50:16.580Because if you think about it, you've never seen her speak at any length, ever.
00:50:21.720So and she's using the teleprompters and she's got access to Barack Obama's best speechwriters.
00:50:27.880They put that together, but there was no meat.
00:50:31.840She spent a third of it talking about her mother.
00:50:34.920She spent a third of it trying to pretend that she herself is not responsible for a number of the most egregious problems in the country today.
00:50:44.180And then she makes big promises, which she can't possibly fulfill.
00:51:03.060She wants to lend $25,000, pardon me, wants to give $25,000 to anybody who wants to buy a home, whether they could actually service a mortgage after using that as a down payment or not.
00:51:18.660We tried that before under Clinton, under Secretary of HUD, Chris Cuomo.
00:51:23.900It crashed the entire economy, not just the housing market.
00:51:29.320This continued smear of Donald Trump, that's all they really have.
00:51:35.460Most of her speech, other than the sections about her mother and her sister, was an attack on Trump.
00:51:43.160And she's just not credible as a change agent because she's responsible for the current conditions in the country.
00:51:50.300And I guess they actually think that they can model this after Obama's 2008 campaign where they sell a vibe, hope and change.
00:52:00.740We don't need to get into the specifics, hope and change.
00:52:03.960We're going to bring you hope and change.
00:52:05.500In this case, they're going to bring us joy.
00:52:07.560But most Americans I know today are not joyful when they go to the gas pump.
00:52:12.080They are not joyful when they go to the grocery store.
00:52:14.720They are not joyful when they see their 401ks.
00:52:17.520They are not joyful when they see homeless veterans panhandling on the corner at the same time that we're shipping billions of dollars to Ukraine.
00:52:28.740So I don't think that their strategy of pretending that they had nothing to do with the country's current problems, but they are the solution to those problems.
00:52:37.500Alex, I just do not think that is going to work.
00:52:43.040She got the worst result among Hispanics for Democrat candidates so far this century.
00:52:48.520The polls are coming in, as you predicted last night when we were simulcasting.
00:52:51.720This has actually given her a dip, not a bump.
00:52:54.680And that's even in their skewed polls where they sample more Democrats in their methodology.
00:52:59.360You know, I think that any bump they might have gotten is potentially completely erased by the breaking news of the most prominent member of a Democrat dynasty in American history endorsing the Republican candidate for president.
00:53:16.880And the populist movement that that means in which I see an influx of Kennedy voters and Kennedy supporters into the Trump camp that the the the the folks in the Kamala Harris campaign know this is a game changer.
00:53:46.920And when they do put forward perspective policies like their capital gains tax, which our mutual friend Mike Adams on my show yesterday destroyed that idea that you would buy a house if the house appreciated, but you didn't sell it.
00:54:02.340You still pay taxes on the appreciation.
00:54:16.280Those who are who are pessimistic do not be pessimistic.
00:54:20.500I've had a recent briefing from the campaign on their on their evangelical Christian outreach, their African-American outreach, their Hispanic outreach.