Trial lawyer Robert Barnes joins me on the show to talk about the importance of free speech and why you should have a cell phone in your pocket. Robert is a great advocate for the First Amendment and has worked on some of the biggest cases in American history. He is also a supporter of the Tea Party movement and has been involved in a number of high profile cases that have focused on freedom of speech. Robert has been a long time friend of mine, and I think you're going to learn a lot from him on this episode. He's been with me for over 20 years and has a lot of experience in the legal world, so I'm sure you'll get a lot out of this one. Thank you so much for being a part of the Triggered family and supporting the show! - The Triggers Podcast Subscribe to be notified when we deconstruct the latest news and give you the inside scoop on what's going on in the financial world. Subscribe today using our podcast's promo code: "Triggered" to receive $5 and receive $10 off your first purchase when you become a patron! You'll get 5% off the first month with promo code TRiggered. You can't Ask Me Anything and I'll Tell Me What I'm Working On It! - and we'll Tell You What I Can't Do It How to Vote With Your Wallet If you like the show, Rate, Review, Subscribe, Share, Share and Retweet the Show and Share it! Subscribe on Apple Podcasts and Subscribe on iTunes! Want to become a Friend? Connect with me on Podulay Become a Friended, Reviewed, Subscribe on Podcoin? Leave Us On Social Media? Subscribe & Share the Showed & Share a Review? Connected to the Insta-Friended? And Subscribe on PODCAST AND Share the Podcast? If You're Looking for a Freebie? Send Me a Review & Reviewed Podcast Episodes? I'll Be Submitted to The Best Podcast Epidemic? & Subscribe On iTunes & Subscribe To My Insta Click Here To Learn More About My Story And More Like This And Other Podcast Epilog Subscribe To Learn About My Sponsorships And Support My Fellow Crew And More! And Other Links From This And More Learn More Like And Share It On A Podcast Episode
00:00:14.000I'm sure you've seen him all over social
00:00:20.000I know I've seen it in the commentary from those of you watching, so I think you're really going to learn a lot from Robert Barnes tonight.
00:00:33.000You're liking, make sure you're sharing, make sure you're subscribing, and download the Rumble app so you can get notifications of this kind of things.
00:00:41.000We're taking it to the fake news, even conservative fake news.
00:02:15.000So go check out donjrgold.com and learn more.
00:02:19.000And while you're at it, don't forget to check out the incredible folks at Patriot Mobile, America's only Christian conservative wireless provider.
00:02:27.000I have a feeling you're going to have a phone in your pocket, guys.
00:02:30.000So if you're going to do it, have it with a carrier that supports the things that you believe in, where they put America first with every call while getting the same nationwide coverage as the major carriers.
00:02:40.000Patriot Mobile provides you dependable wireless service at an affordable price, putting your dollars into action and supporting freedom-loving values.
00:02:49.000They donate literally a portion of every dollar to support groups that fight for the First Amendment, that fight for the Second Amendment, our great right to keep and bear arms, the sanctity of life, protecting our brave police and first responders.
00:03:02.000They fought some of the school board battles and won.
00:04:25.000Talk about your career in law, some of your biggest cases, and how you ended up sort of being with such a big following while analyzing, say, the Trump indictments and really the left's destruction of our legal system and the weaponization and lawfare that we're seeing coming from the left today.
00:04:45.000So, politically, old school, populist background.
00:04:48.000Became a lawyer in 2000, representing people across the political spectrum, mostly on civil rights, constitutional, and in criminal cases.
00:04:57.000And, I mean, literally, some people get upset about somebody I've represented, and I said, that's easy, because they dislike one another.
00:05:02.000I've represented everybody from Ralph Nader to Alex Jones, from Jill Stein to the Covington kids, from the Green Party to the Libertarian Party.
00:05:12.000You know, everybody across the political spectrum, Robert Kennedy to Donald Trump, and it covers the entire political spectrum because what I care about is constitutional rights and liberties.
00:05:22.000I became kind of a public figure because the insanity started to ratchet up in 2015, early 2016.
00:05:28.000The first time someone asked me to comment was on a tax aspect of
00:05:54.000And I saw them weaponize the legal system in some of the most insane and inane ways I'd ever seen to the great detriment of our constitutional republic.
00:06:19.000And so I became more of a public figure because I was horrified at what they were trying to do to the country and to the rule of law and the Constitution that I deeply cherish.
00:06:29.000Okay, so some of the lawfare, you know, let's just generally call it that, that we're seeing, I mean, you know, we're, and our viewers, now they see it because it's so flagrant, because it's so over the top, because it's just used every day, and the hypocrisy, the two-tiered system of justice that we talk about all the time, I mean, it's so in their face, but this isn't necessarily a new tactic
00:07:53.000We saw it against Martin Luther King in the 1960s in the American South, 1950s.
00:07:58.000But we hadn't seen it on this scale at all before.
00:08:00.000So I had experienced it because for the better part of a quarter century it defended people being targeted for political reasons, but they were mostly little-known people.
00:08:11.000People on the outskirts or the outside.
00:08:13.000What was so dangerous about this is now they were trying to do it to the leading candidate for the president and then the incumbent president, now the leading opponent of the existing political administration, and effectively trying to strip 80 million Americans of their ability to vote in the 2024 election for who they want.
00:08:43.000Today we see an announcement by a judge in D.C.
00:08:47.000of a trial date that makes absolutely no sense, right before Super Tuesday.
00:08:52.000The only logic to do that is to try to prevent President Trump from campaigning in the primaries and to try to get a conviction to try to influence the 2024 November elections.
00:09:21.000trial for my father and his indictment starts
00:09:23.000The day before that, trying to take him off the playing field, not just for that day, but presumably in the weeks leading up to it, because, you know, some of these things, they'd like to try him for up to and including things that involve the death penalty.
00:10:01.000But, like, we've turned the other cheek so long.
00:10:05.000And it's, like, the greatest gift we've given to the left because we've allowed them to assume control over virtually every institution in America.
00:10:21.000Like, military generals are woke leftists now, and I'm trying to figure out how this jives with, like, the door kickers that I know that clearly aren't.
00:10:31.000How is it possible that it's been so one-sided?
00:10:35.000It's really a class war, and essentially the left took over the professional managerial class, and then they made the professional managerial class, through credentialing and licensing, the gatekeepers to all the institutions of influence.
00:10:47.000They control things like public relations and human resources at major corporations.
00:10:53.000They increasingly control where pension funds are even being invested on Wall Street.
00:10:59.000By definition, they control the legal process, because you have to have a lawyer, which means every judge comes from it.
00:11:03.000And they share these same professional managerial class prejudices that were heavily shaped by what was happening in schools, because they made education the ticket to professional class access, and then they used that control over the educational process to culturally condition an entire generation, to sort of do Gromsky-style slow walk through the institutions.
00:11:24.000And before we know it, Hollywood's all controlled by the left,
00:11:27.000The state, you know, all the bureaucracies are controlled by the left.
00:11:30.000The judiciary is controlled by the left.
00:11:32.000The legal profession itself, people supposed to be advocating, are controlled by the left.
00:11:39.000Not the Robert Kennedy, Alan Dershowitz, Jonathan Turley left.
00:11:43.000But the statist, Soviet, Stasi-minded ends justify the means left.
00:11:48.000And that's effectively what happened and we woke up too late and all of a sudden all of our institutions of influence at every single level, whether it's Hollywood, culture, academia, law, politics, the state, corporate bureaucracies, key decision makers on Wall Street, all controlled by people who hate ordinary Americans.
00:12:28.000And they're all kind of different, to me, with a purpose, right?
00:12:31.000You have some of the stuff that's sort of
00:12:33.000Isolated at the state so that you can't sort of have, you know, the pardon component.
00:12:37.000Obviously, it gets a lot deeper than that.
00:12:39.000But can you take us through the cases and lay out how the law is being misapplied in each one of them?
00:12:45.000What are the big holes, and with Jack Smith, with Fannie Willis, in those indictments, and what are they trying to do, you know, in the lawfare aspects of what's going on versus what would be constitutionally acceptable by anyone else?
00:13:02.000It's really three levels of unprecedented, unparalleled legal actions in each of the indictments.
00:13:08.000So first, we've never had a former president indicted before.
00:13:12.000We've never had the leading opponent, presidential opponent, of the presidential incumbent administration indicted before.
00:13:19.000Those two things by themselves raise a wide range of constitutional issues.
00:13:23.000But what's also extraordinary here is each of these indictments pursues novel legal theories never pursued before.
00:13:31.000The New York indictment seeks a theory of damages.
00:13:34.000The idea that you settling a case privately in your corporation somehow defrauds the corporation is the nuttiest, looniest theory ever.
00:13:43.000There's not another analogous case in the country.
00:13:46.000The idea that keeping your own documents, which is what the President keeping classified documents are, which he can declassify at any moment, well, President, the idea that that somehow could be a crime has just never been charged before.
00:13:57.000The idea that challenging an election, which has been done since the beginning of American history, is somehow now a crime has never been done before.
00:14:04.000The idea that political activities can be a RICO charge has never been done before.
00:14:10.000And by the way, if they could, I feel like the Democrats would be in serious trouble based on a lot of the behavior, based on a lot of the things that they sort of let slip that, let's just say, if it was conservatives doing it during, say, the summer of 2020, summer of love riots, wouldn't be acceptable.
00:14:36.000The allegations during all of those things against the president was that the president and his family, including you, were involved in some sort of conspiracy to influence the elections and make yourself profit.
00:14:49.000Joe Biden and Hunter Biden conspiring with Ukrainian politicians and others to line their own pockets in order to cover up criminal behavior.
00:14:58.000I know that I am not the great man that Hunter Biden is.
00:15:03.000I aspire one day to maybe be half the man that Hunter is, but like, you know, in all fairness, I have a feeling if it was Don Jr., I'd be in Gitmo, and rightfully so.
00:15:13.000And then you look at what the campaign indictments are, and again, or even look at the New York indictment.
00:15:20.000Was there an effort to cover up, you know, illicit money laundering to cover up election activities?
00:15:25.000Yeah, it was what Hillary Clinton did, using Perkins Code to disguise money laundering for campaign funds to Fusion GPS, who, by the way, was represented by the law firm who a particular judge, now presiding over the Trump trial in D.C., was a partner at.
00:15:41.000Aren't those the same lawyers that magically picked up Ray Epps' trial?
00:15:46.000Sort of shocking that they would pick up one of the instigators of January 6th and just represent them out of the kindness of their hearts because it definitely was not a setup.
00:16:31.000And the same judge who said, hey, you January 6th defendants, you're going to have to sit in gulags for two years or longer because we need more time before we can go to trial, has now said President Trump has six months to prepare for a case with over 12 million documents expected to last at least three months in trial.
00:16:55.000There's no case like it that's ever been done.
00:16:58.000For perspective people, I think I saw the analogy that the legal defense team of my father used was that if you took pieces of paper and stacked them, that this is taller than the Washington Monument.
00:17:12.000They have to, with a team of, you know, you can't have just a million people looking at something, because you've got to be able to actually assimilate all of that information and combine it.
00:17:32.000So, Robert, you started off sort of talking about sort of the unprecedented attack on what was then a sitting president, now a former president.
00:17:40.000I don't think anyone's actually making the claim that if the president actually went up and shot someone, that they shouldn't be subject to our laws.
00:17:51.000No one's making that case, but the fact that they're actually creating
00:17:55.000Almost new rules, new precedent to try in any sort of machination to create a crime after the fact is what the real issue is.
00:18:07.000Because people, well, you don't want him to be killed again if they actually did something, but that's not what they're trying to do with these cases.
00:18:14.000They're trying novel legal theory, and they're trying it with
00:18:20.000You know, I guess to the Trump campaign's point, to someone who's got a platform, who's got the ability to fund it, who's got millions of followers, they don't even care.
00:18:28.000If they can do this to the President of the United States, they can, and if you've been watching, they intend in the future to do this to anyone who would stand in their way.
00:18:38.000I mean, because not only are the prosecutions unparalleled and totally novel and wildly creative and a complete weaponization of the legal process and the legal system, but in my view, the Constitution was designed to prevent local prosecutors from hijacking our elections and hijacking the presidency.
00:18:57.000But through both the Impeachment Clause and the First Amendment.
00:19:00.000That the Impeachment Clause says, if you want to indict the President, there's a way to do so.
00:19:05.000You impeach him in the House, you convict him in the Senate, and then you can pursue criminal remedies against him.
00:19:12.000I think that has to be the exclusive remedy to go after someone that's the President.
00:19:17.000Otherwise, the President's at the whim of any local prosecutor anywhere in America.
00:19:21.000And you no longer have a federal constitutional system of governance.
00:19:25.000The second issue is the First Amendment.
00:19:27.000The First Amendment, in my view, is designed to preclude the incumbent administration from indicting their opponent.
00:19:32.000If this election, at a minimum, all these indictments should be stayed pending the outcome of the election.
00:20:00.000One of the greatest campaigners in the history of American politics.
00:20:03.000They're trying to literally legally remove from the ability to campaign.
00:20:07.000If the First Amendment isn't there to protect against that, what's it there for?
00:20:11.000Yeah, and the timing and the magnitude of it is all so, so clear.
00:20:15.000I mean, it's obvious what they're doing.
00:20:17.000Now, I'll say this, and maybe this is crazy, but Trump may be the one person that can actually benefit from that, meaning sort of like the mugshot.
00:20:36.000I mean, I think you could see that here.
00:20:38.000Because if they did it with one thing on a serious thing, you know, maybe he would take it seriously.
00:20:44.000But because they're pursuing it from all these angles, because they're trying to make sure that, you know, the remedy that works here doesn't there, so they get every possible chance to be able to stop him.
00:20:55.000It's almost so obvious that the American people see it.
00:20:58.000He may be the one person that could actually benefit from this total miscarriage of justice.
00:21:20.000I like to say that the greatest trick the devil ever pulled is convincing you he doesn't exist.
00:21:25.000The greatest trick the system ever pulls is convincing you that you cannot resist.
00:21:30.000And that's what all the... it's about trying to build up futility and a sense of defeatism and people saying, oh, OK, the election is going to be stolen anyway, so nothing I do matters.
00:21:40.000They're going to lock them up and I can't make a difference.
00:21:43.000And what President Trump's point was is as long as you believe otherwise, it will, in fact, be otherwise, because that's the key point.
00:21:52.000That's the thing they have to break through or they lose.
00:22:13.000I mean, it's clearly designed so you can't, right?
00:22:15.000Whether it's the judges, the prosecutors that magically, you know, magically get paid.
00:22:19.000Jack Smith, oh, you know, overturned every time.
00:22:22.000History of corruption and just not playing by rules.
00:22:25.000I mean, that seems hand-picked to do the bidding of the regime.
00:22:30.000But, you know, even if you break it down beyond the judges and the prosecutors, if you have a stacked jury, how do you overcome that?
00:22:37.000Now, in some of the cases that are, let's call them federal, I guess you keep appealing to the Supreme Court and hopefully, you know, normalcy prevails, right?
00:22:50.000It's designed to, you know, drain your coffers so you don't have the funds to be able to either fight other things or to campaign or whatever it may be.
00:24:12.000And they have a lynching judge and a lynching jury pool.
00:24:15.000And the judge is already trying to contaminate the ability to even have an impartial jury.
00:24:20.000Because the judge is threatening Trump's lawyers saying, if you do a poll to show that there's actually the jury pool is so prejudiced, you have to let me know in advance.
00:24:32.000The idea that a poll could prejudice the jury pool is literally insane.
00:24:37.000You talk to a thousand people out of a million.
00:24:39.000So it's almost impossible to prejudice them.
00:24:42.000It's misuse and abuse of judicial power by this rogue judge.
00:24:47.000In D.C., it is not possible to get, with that judge and that jury pool, it is not possible to get an impartial jury or anything even vaguely resembling one.
00:24:58.000I mean, what was extraordinary was President Trump won the sexual assault rape charge with a bunch of liberal Democrats in New York.
00:25:05.000But that would require an even more bigger achievement in D.C.
00:25:08.000You're talking about only three to five percent of people in D.C.
00:25:46.000grand jury have to do with a case that's going to be tried in Florida?
00:25:48.000Clearly, they were trying to pre-bake the answer because they knew they'd be able to get what they wanted out of it.
00:25:53.000But doesn't that sort of, I mean, theoretically or legally, wouldn't that take Florida off the table immediately as, you know, just like, mistrial done, like, you can't do that?
00:26:02.000Or is there some sort of standing that they have to actually pull that off?
00:26:08.000It's an independent grounds to move to dismiss on venue and vicinage grounds that they deliberately abused the grand jury process because a grand jury isn't roaming.
00:26:18.000You can't handpick your grand jury to indict somewhere else.
00:26:22.000And then he not only did that, the chief judge, quite frankly, in DC, conspired in my view
00:26:28.000I mean, if I as a defense lawyer didn't do these things, I would be in jail!
00:26:31.000And yet the judges are doing these things!
00:26:49.000And so I think they have to bring every single motion.
00:26:52.000Motions to dismiss, motions to continue, motions to stay.
00:26:56.000I think all these cases should be stayed until the election.
00:26:59.000If all these cases are so good and so clean, well then there's no need to interfere in the election.
00:27:05.000Let the people vote with an honest election with no campaign interference.
00:27:09.000And you can bring the cases back after the election day.
00:27:12.000And let the American people have a say in all this.
00:27:15.000Yeah, that's what strikes me as odd, right?
00:27:17.000The people, the media, all those people that, you know, screamed about democracy, you know, if Trump, you know, tweeted Merry Christmas or something like that.
00:27:53.000You know, if it was, you know, D and not R under attack, you know, there would be a press, you know, not just Robert Barnes or David Frey talking about it, you know, on their podcast, or Don Jr.
00:28:06.000Like, there would be actually people who'd label themselves journalists, even if they're just regime propagandists these days.
00:28:12.000and like talking about these instances and how corrupt and how flagrant it is and how bad it is and yet there's literally not there's almost nothing out there which again why I tell people like you know like share subscribe watch this kind of programming check out Robert on social so you can actually see
00:28:30.000What, even like, honestly, even like Fox News will not tell you.
00:28:33.000They won't even talk about these things because, you know, it's, it's, you know, it's not had in polite company.
00:28:38.000You still want to get invited to the cool person Christmas party in Washington, D.C., and so, you know, you can say some stuff about maybe tax reform, but you can't really talk about
00:28:48.000This weaponization of our institutions, because they're all doing it.
00:28:53.000Or they're fine with it because, you know, if you're fine with it, they'll leave you alone, you can be conservative light, and then you have an easy existence in Washington, D.C.
00:29:04.000Language means the exact opposite of what language means.
00:29:06.000All of a sudden, two plus two equals five, and if you say otherwise, you get shocked one more time.
00:29:10.000And it's the complete distortion of law, the complete distortion of democratic principles, the complete distortion of constitutional history, the complete distortion of America.
00:29:20.000And what I tell people is this case isn't really just about President Trump.
00:29:25.000Either we're going to survive or we're not going to survive.
00:29:28.000And how these cases are handled and how the public responds and reacts on Election Day will shape the future of the country.
00:29:34.000Because these are cases, I mean, this implicates First Amendment rights in terms of selective prosecution, First Amendment rights in terms of freedom of press, freedom of speech, freedom of assembly, and the right to petition the government, one of the most foundational rights constitutionally.
00:29:47.000Every single thing they accused President Trump of, as Professor Turley, a Democrat, acknowledged, if you took out all the First Amendment activities, all you're left with is a haiku.
00:29:58.000Every single thing he's doing is petitioning the government, which is everybody's fundamental right as an American.
00:30:04.000It was one of the number one things complained about in the Declaration of Independence was the wrongful denial of the right to petition the government.
00:30:12.000And here we are, the president is petitioning the vice president, he's petitioning Congress, he's petitioning his own Justice Department, he's petitioning the secretaries of states and governors and state legislatures.
00:30:23.000That's his constitutionally consecrated right.
00:30:26.000And going back 400 years, the English court said that the right to petition means you cannot criminalize petitioning.
00:30:33.000And yet that's what they're doing in the Florida case, in the D.C.
00:30:36.000case, in the Georgia case, in different ways, in different respects.
00:31:10.000They couldn't find a spec and instead they had to make up fake charges for fake cases, but in the process they're endangering America's constitutional future.
00:31:21.000I mean, Georgia was tried in the United States Congress.
00:31:26.000That's what impeachment, to your point earlier in the show, that's what impeachment is designed for.
00:31:32.000I mean, is there, I don't know enough about it, I'm not a constitutional lawyer or scholar, but isn't that sort of like double jeopardy?
00:31:40.000You know, and how does that ring true?
00:31:42.000I mean, I guess, you know, that'll never be viewed that way because the mainstream media, the press, the, you know, DC elite, the big tech will make sure no one even hears that argument.
00:31:52.000But it sort of feels like, haven't we done this before already?
00:32:02.000It came up after Clinton was acquitted in 2000 when the Justice Department wrote a legal opinion, same in the early 1970s, and the Justice Department realized there's a conflict of opinions out there.
00:32:13.000What it says is, only somebody that is convicted
00:32:17.000It can be subject to being tried, imprisoned, sentenced, indicted.
00:32:22.000So the point is, why is that clause there if you can just ignore it and do the same thing to somebody who's been acquitted?
00:32:30.000And you can realize the public policy reason.
00:32:33.000All of this is, we don't want the President of the United States subject to any random prosecutor who can say, I'll lock you up if you don't do what I say politically.
00:32:43.000Then we no longer have a functioning constitutional democracy, no longer have a functional elected president, because he's subject to the whim of any random prosecutor anywhere in America, and there's a lot of those.
00:32:56.000So, unless the impeachment clause is read in the way that it's actually written in, then we're at constant danger of the presidency being hijacked by wayward, rogue prosecutors.
00:33:06.000So, that's why I think there's motions to dismiss in all of these cases on those grounds alone.
00:33:11.000Well, I guess the question is, will that matter?
00:33:14.000With the level of bias that we've seen, you know, again, the screechers of democracy
00:33:23.000You know, the people that understand these things, if there's a point that favors Trump, conveniently forget that point.
00:33:30.000I guess the question is, in this sort of weaponized system of justice, can you actually get that fair trial?
00:33:37.000Even if the Constitution is pretty clear, even if there's – does it even matter at this point?
00:33:43.000Well, that's the two other things that are really on trial, more so than President Trump, is the American Constitution and its future and the judicial branch.
00:33:52.000Because the judicial branch is going to confirm to the world, are they still a credible, independent institution that can function in a nonpartisan manner with integrity that's consistent to the rule of law?
00:34:05.000Or have they been so politically hijacked that they're willing to deprive 75 million plus Americans of their... I mean, President Trump is on pace for more than 80 million Americans, maybe even more than 90 million Americans to vote for him in 2024.
00:34:21.000Are we on pace that the judiciary will be complicit in a process that denies 90 million Americans their right to vote for whom they want?
00:34:30.00090 million Americans the president they wish to see in the White House.
00:34:34.000And so that's where we're going to find out.
00:34:35.000Now that's where I'm for Trump bringing every challenge possible.
00:34:39.000And when you have a biased judge, motions to disqualify that judge.
00:35:45.000There's Sixth Amendment right to counsel issues implicated because they forced his own lawyers to disclose attorney-client privileged information.
00:35:52.000By the way, how is that, you know, when you read that stuff, I mean, that's just like...
00:36:04.000We're not gonna give you a deal if you're with that guy, so we're gonna give you, you know, the public defender, and you're gonna sing, and we're gonna then leave you alone.
00:36:12.000I mean, you know, they're dragging in, like, you know, the handyman, quite literally, you know what I mean?
00:37:00.000You're telling me that that kind of lawfare, that kind of malice, they'll get that guy to say anything whether it's true or not and I think that's their intention as evidenced by sort of the scoundrels and the records of those scoundrels that they've put in there for the prosecution.
00:37:17.000It seems clearly intended to do just that.
00:37:20.000Yeah, that's who Jack Smith is, that's who his team is.
00:37:23.000Much as Mueller's team, I remember being critical very early on of both Mueller and Andrew Weissman.
00:37:28.000Well, now just follow Andrew Weissman on Twitter and MSNBC.
00:37:31.000All the people defending Andrew Weissman have no credibility anymore at all.
00:37:35.000The Andrew McCarthy's of the world and some others that continue to defend some of the aspects of those cases, they just have no legitimacy because we've seen how partisan and prejudiced they are.
00:37:44.000And we're just seeing it on full display.
00:37:45.000But we have these constitutional processes in place.
00:37:49.000In order to make sure we have the best system for an adversarial process, most likely to give us truth and liberty and the best protection of both, and justice along the way.
00:37:59.000That's why our attorney-client privilege system exists.
00:38:02.000That's why rights to due process exist.
00:38:05.000That's why you can only indict in a grand jury in the place where you're going to bring the indictment itself.
00:38:09.000You can't use one grand jury to indict in another case, another context, another state, another jurisdiction.
00:38:14.000You can't do any of these things in order.
00:38:15.000That's the reason why there's a right to an impartial jury and an impartial judge.
00:38:20.000Not a judge who's previously stated, basically, she thinks Trump should be locked up before this indictment was ever even brought.
00:38:27.000Not a jury pool that is so committed to him.
00:38:30.000Richard Behrs, People's Pundit, has done plenty of surveys on this.
00:38:33.000is the most contaminated jury pool in the country.
00:38:36.000I've told people Martin Luther King had a better chance with an all-white jury in 1950s Birmingham, Alabama, than Donald Trump does in the District of Columbia.
00:39:22.000Though, I imagine they'd be rolling over in their graves if they saw what's happened to their, I mean, about as perfect system as you can get.
00:39:32.000I mean, it's such a flagrant contempt for all of that.
00:40:12.000It communicates a message of complete crushing of America's constitutional democracy.
00:40:17.000I mean, what right to petition do any of us have?
00:40:20.000What right as a lawyer do I have to advocate for someone if, like Professor Eastman, I now can get indicted for it?
00:40:26.000I mean, I was in Georgia at the beginning of that election contest process.
00:40:30.000The idea that you could now be sent to prison for simply pointing out the election wasn't done consistent to the rules required by the Constitution and the legislature of the state of Georgia?
00:40:39.000Literally no one had thought about this.
00:40:43.000There's all kinds of law review articles built up to 2020.
00:40:46.000Bill Kristol and his pals game plan doing this kind of activity in the summer of 2020.
00:40:53.000I mean, so you have an actual criminal in the White House in Joe Biden, an actual criminal who sought it in Hillary Clinton.
00:41:00.000Both of them walk completely clean and free.
00:41:03.000And maybe the most innocent president we've ever had, one of the only people to actually lose money while being in office rather than gain millions of it, is the one being subject to the most extensive lawfare in the history of America.
00:41:16.000Well, so we talked about the amendments, you know, sort of the violation of the First Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, all of these things.
00:41:26.000But there's also apparently some other push by state Democrats, as well as some of the sort of never-Trump, rhino establishment figures in the, you know, let's call it, quote, Republican Party, to try to get my father off the ballot, citing the Fourteenth Amendment's disqualification clause.
00:41:48.000How would it have to work out for them to get their way, and what are the flaws with their argument?
00:41:52.000Not that the flaws, again, the flaws may not matter because of the world in which we live and the sort of, you know, the two-tiered level of justice and enforcement, the way they look at these things, but how would that end up looking, you know, say, in front of the Supreme Court?
00:42:09.000So legally, their argument is meritless.
00:42:12.000It's the old Civil War that said that if you, before the Civil War, you took an oath to the U.S.
00:42:17.000Constitution, then foreswore that oath and took an oath to the Confederacy, that you were thereby not allowed to hold certain offices.
00:42:26.000And those offices were House, Senate, and Elector for President, or other lower offices.
00:42:33.000Of note, that clause doesn't even apply to the President of the United States.
00:42:37.000They explicitly chose to only apply it to the elector, not the President.
00:42:44.000Quite frankly, because they couldn't even think of it applying to the president because they were applying it to the Civil War Confederates and there was no U.S.
00:42:51.000There were people who had been senators or house members or judges or lower offices or electors that had, but nobody that, or could be in the future, but nobody that, it was meant to be a disqualification punishment for the people who abandoned the U.S.
00:43:09.000He's like, applying this outside the Civil War context makes no sense.
00:43:14.000So that's why they didn't include the presidency.
00:43:16.000But the other reason that Dershowitz and others would argue is because they wanted the Qualifications and Impeachment Clause to be the exclusive remedy because they didn't want Congress to be able to remove the president without going through the impeachment process.
00:43:29.000Otherwise, you create a parliamentary presidency.
00:43:33.000They didn't want some random state official to be able to remove the president, or you no longer have a president functionally.
00:43:41.000So that was the other reason why they wanted to keep the Qualifications and Impeachment Clause as the sole measurement of the presidency.
00:43:48.000The second problem is, it doesn't even apply to being on the ballot.
00:43:52.000It only says you can't hold office if these certain provisions are met.
00:44:29.000They say that there's no authority of either any state-level governing official or a private citizen or a court to keep someone off the ballot.
00:44:38.000To give an example, the most historically analogous circumstance, Eugene V. Debs was actually charged, convicted, and in prison for sedition.
00:44:46.000Now, he just gave an anti-war speech, but that was the nature of it.
00:44:50.000In 1920, he was on the ballot all across the country, over 30 states, every state he wanted to be on the ballot on.
00:44:56.000So this has historical precedent that this doesn't apply to the ballot, doesn't apply to the presidency, that nobody has this authority.
00:45:03.000This is left to Congress and the Constitution, not left to courts or local state officials.
00:45:08.000The third problem, of course, is that there are broad amnesties granted twice.
00:45:12.000This came up in the Madison Cawthorn litigation, came up in the Marjorie Taylor Greene.
00:45:16.000They tried to do this to Madison Cawthorn, Marjorie Taylor Greene, and Paul Gosar.
00:45:20.000They failed in all three cases to get them off the ballot.
00:45:23.000The fourth problem is, of course, there was no insurrection here.
00:45:26.000President Trump hasn't even been accused of that.
00:45:39.000No honest or honorable court would allow it to apply because it would then allow local officials to hijack the presidency by denying people their right to vote for whom they choose.
00:45:48.000And so I think a Supreme Court would not allow this for a second.
00:45:52.000An honest and honorable court wouldn't allow this for a second.
00:45:55.000That doesn't mean you won't get some crazy, some rogue courts and crazy politicians like the Secretary of State of New Hampshire, who got elected running on a Trump ticket, promising voters he was pro-Trump, who's now saying, oh, maybe I'll try to keep Trump off the ballot in New Hampshire.
00:46:10.000And then you got, you know, Nutty Newsome doing what he's trying to threaten to do in California just to get another news story in his face in the papers.
00:46:18.000But legally, there's plenty of precedent that says state and local officials never have authority to remove someone to determine for themselves who is and isn't qualified for the presidency.
00:46:28.000And it doesn't apply to the president.
00:46:29.000It's a Civil War provision that doesn't apply in general.
00:46:32.000And President Trump committed no insurrection anyway.
00:46:36.000All minor details, but you bring up five pretty valid points that seem to be totally ignored by everyone talking about it as though it's a viable tactic, which, I mean, again, I guess that just shows you where we are in the world.
00:46:48.000And of course, you know, all of this, honestly, all of this is coming as Joe Biden is implicated in a massive, like, foreign bribery scandal.
00:46:56.000I mean, you know, think of the insanity.
00:46:59.000You know, people, you know, if Trump tweeted Merry Christmas, you know, Bob Woodward would be out there.
00:47:14.000Do you see this as a line for the impeachment inquiry?
00:47:17.000I know a lot of the people watching right now, and I'll see the comments light up right now.
00:47:21.000They must go to impeachment right away, but there is some legalese about the inquiry allows you to gather a lot more information that basically shuts off the second you actually go full impeachment.
00:47:33.000Can you talk a little bit about that because I think sometimes, and I get it because I'm
00:47:38.000Frankly, one of them, oftentimes, until I find out the details, sort of frustrated with some of the inaction.
00:47:44.000Now, I'm sure some of it's just the other side stonewalling, us not being aggressive enough.
00:47:48.000I'm not pretending that's not the case.
00:47:50.000But there are times, you know, the inquiry allows you to go after a subpoena more information that you wouldn't all of a sudden get if you go right to impeachment.
00:47:59.000And, you know, if we had a DOJ interested in actually the rule of law,
00:48:06.000You know, what other crimes could Joe Biden be indicted for?
00:48:08.000Because it seems like between China, Ukraine, even the Russia stuff, you know, it's just so overwhelming.
00:48:33.000His criminality is as broad, his intelligence is weaker.
00:48:37.000But basically, he's been the Biden crime family since the early 1970s.
00:48:41.000He weaponized his office and access to his office and used his family members, his brother, his sister, and then his son when his son was old enough to make it profitable for him.
00:48:50.000To basically line their pockets, collectively.
00:48:54.000And now, some of that was lining the pockets of the Democratic political machine in Delaware, the Democratic political machine nationally.
00:49:00.000It's the real reason why Obama picked him.
00:49:02.000He didn't pick him because he had some magic appeal to blue-collar voters.
00:49:05.000This is a guy who's got crushed every time he's run in Iowa, New Hampshire, in the Democratic primaries, including in 2020.
00:49:12.000It's because he was, you know, Hillary Clinton represented the new wave of democratic corruption with the Clinton Foundation.
00:49:18.000Joe Biden represented the old school democratic political machine corruption, weaponizing your position in Congress or the Senate in order to line your pockets and those of your family, your friends, and your political allies.
00:49:32.000When I was a defense counsel, or when he was vice president and I was doing criminal defense work,
00:49:38.000People connected to Biden would come and recruit clients of mine to say if they made a certain contribution or donation, oh, Uncle Joe would make it all go away.
00:49:49.000And I would tell my clients, stay away from that.
00:49:50.000Like, you know, those were high profile political cases that could go sideways real fast.
00:50:30.000It feels like that would be an easy one and if we're gonna, you know, we shouldn't be playing this, you know.
00:50:36.000The Republican AGs should be doing more to hold the Biden crime family accountable because you're right, like, whether it's the LLCs or the passing through or, you know,
00:50:46.000The prostitution and across state lines.
00:50:50.000If we wanted to play the game like the Democrats, we could easily do it because God knows, I saw what they tried to do with me and there was literally nothing there.
00:50:58.000Here, I mean, you've got like the, I mean, what's bigger than a smoking gun?
00:51:04.000Like the smoking atomic bomb of information out there.
00:51:08.000And it's like, well, you know, we don't want to really, we don't really want to do that.
00:51:12.000They're not even opening up investigations.
00:51:13.000I mean, it's the same problem I have with Congress.
00:51:16.000I understand waiting on impeachment because impeachment can limit the scope of your inquiry, but let's have full-scale investigations and let's not limit it to Biden.
00:51:51.000All of this should be subject to impeachment.
00:51:53.000It's worse than what Samuel Chase got impeached for as a Supreme Court justice at the beginning of our country, when he politically weaponized the judicial system in order to go after his partisan opponents.
00:52:03.000And so there's even more grounds here.
00:52:05.000So I think in the same, but you're right, every local district attorney in America
00:52:09.000Likely has jurisdiction over both Clinton crimes and Hunter Biden and Joe Biden crimes because of the amount of the money laundering and all the different places they used and all the different facilities they used and all the different places the money came to or went or passed through, as well as the fact that literally if Hunter drove through your town, he committed a crime.
00:52:28.000Either a drug crime or a prostitution crime that you can somehow be, at some level, can be prosecutable.
00:52:36.000The fact they're not even opening up investigations.
00:52:47.000Anybody could have investigated them, and yet nobody did.
00:52:50.000Whereas by contrast, Democratic prosecutors have put Trump and his family through macroscopic, microscopic inquiry on everything in their entire lives, and all they
00:54:12.000How, you know, in four years, you know, what are the wrongs that you could remedy to set the path of, you know, the Department of Justice?
00:54:20.000I use that in major air quotes because it's like, you know, my eyes are rolling in the back of my head so hard I'm going to give myself an aneurysm.
00:54:50.000As President Trump just talked about with Tucker, CIA lied to him while he was president, kept information from him while he was president.
00:54:56.000And he suggested that maybe it's even connected to assassinations that occur.
00:55:00.000I mean, these are dangerous institutions which threaten the American constitutional experiment.
00:55:06.000And if we're going to succeed and survive, it's kind of like Lincoln at Gettysburg.
00:55:11.000If a government of the people, by the people, and for the people is not going to perish from this earth, we need to deep six the deep state for forever.
00:55:20.000And what a Justice Department should be doing is a very limited focus on deep state corruption.
00:55:25.000That's where they should be focused on.
00:55:27.000The Clinton corruption, the Biden corruption, the FBI corruption, the CIA corruption.
00:55:46.000I don't think he could get elected Attorney General, but we could have him in there temporarily.
00:55:51.000So maybe we need a Robert Barnes, Mike Davis temporary AG office to get all of that stuff rolling to take the heat off of anyone else who probably would.
00:56:03.000I mean, it's going to be a tough position for anyone because
00:56:07.000All of the people and the powers that be will do whatever they can to stop exactly what you have happening, you know, right now from happening.
00:56:15.000So, it'll be so important to get people, not just who are good and smart and understand that, but those who actually have the guts, and I'll say the balls, to actually stand up to what's going to be coming for them.
00:56:28.000He talked a tough game for about two days, and then they threatened to impeach him, and he scurried off like a, you know, a scared child, uh, because he still wanted to be loved by that D.C.
00:56:37.000establishment that he'd been around his whole life.
00:56:52.000And he's giving an example of how to resist corruption, that you need a spine of steel and balls of brass, and you need people who are willing to stand up.
00:57:02.000When I was a kid, I loved Medgar Evers.
00:58:32.000You know, you see the people backtracking the stuff that they say about, you know, not having, you know, I don't know, men in women's sports or some of the craziness of the trans agenda and three-year-olds transitioning.
00:59:07.000And the system doesn't respect, and this is true of any sort of tyrannical system, it never respects any degree of, they will interpret it as weakness.
00:59:16.000Any attempt at condolence, any attempt at acceptance, any attempt at tolerance, you have to just full-blown resist and refuse to recognize the threat.
00:59:27.000It's a sense that if once you realize, this is what Nelson Mandela talked about, when he talks about that poem, I'm a captain of my own fate, I'm the master of my own soul.
00:59:37.000What he mean by that, even though he was in prison, he meant that once he understood that if they couldn't conquer his mind, they couldn't conquer the movement,
00:59:45.000That that made him more free than his captors and his people imprisoning him, that that would in turn empower the movement and destroy their effort.
00:59:52.000Because it's all ultimately about controlling our minds.
00:59:55.000They want the American people to reject Donald Trump.
00:59:58.000They want the American people to embrace the system, to embrace the open corruption and falsely accuse the innocent man of being the criminal.
01:00:07.000And if they can't achieve that, then they don't get their objective.
01:00:25.000And that part of what unleashed the system against him.
01:00:27.000And it's the system that now is as weak as it's ever been in El Salvador.
01:00:31.000And they have a populist icon as president.
01:00:34.000So Trump is paving the path for how to respond to this extraordinarily dangerous corruption.
01:00:41.000And if people follow it, it will be like following Paul Revere's warning sign and will protect and save and salvage American liberty for another generation.
01:00:53.000They can take out the world's most powerful man, but they can't take out 175 million Americans, half the country, that finally gets it and becomes unafraid.
01:01:02.000I mean, a whole tenet of the show, you've got to become unafraid.
01:01:04.000You've got to be able to have these conversations.
01:01:06.000You can't just, OK, well, we'll turn the other cheek.
01:01:11.000And when you do, I think you'll realize there's so many more people just like you out there.
01:01:17.000And you know that success begets success sort of the breaking away from you know the shackles of fear uh allows you to do that and once you realize it's like oh wow like I'm not the only one not even close but they want you to believe that you are which is why they're trying to divide and conquer that way so you know Robert you know before we leave as we look ahead to the 2024 election talk a little bit about
01:01:39.000What the Trump campaign, and frankly what others, because I think you're going to need to do this with Congressional candidates and Senate candidates and others, but talk about what those campaigns can do legally to stop any of the, you know, Democrat dirty tricks.
01:01:55.000Because I imagine there's going to be a lot of them.
01:01:57.000You already see it, you know, just when we thought it was, you know, the Ukraine war season was just wrapping up and we still have our decorations up, you know.
01:02:09.000Now, you know, no one's actually seeing it.
01:02:10.000It's all bullshit, but that doesn't matter.
01:02:13.000They're gonna jam this down our throats because, hey, we're getting into election year and we're gonna have a pandemic every four years and probably in some off-cycle years where it matters and, you know, the control of the Senate may matter.
01:02:25.000And so, talk a little bit about what people can do and what those campaigns should be doing and focusing on
01:02:33.000To prevent the inevitable shenanigans, whatever they may be.
01:02:38.000Again, they should just follow, really, Trump's example.
01:02:41.000So, for example, even though Trump's been completely shut out, censored, attacked, lied about, liable, defamed in the mainstream media, the ordinary person still hears him because he constantly goes around them.
01:02:51.000Whether it's using Truth, whether it's using Rumble, whether it's using rallies, whether it's Tucker on Twitter, he continues to get direct access to the American people.
01:02:59.000And ordinary candidates should do the same.
01:03:03.000Continue to use the alternative, independent, free speech part of free tech to get around big tech, big media, big government collusion to censor their message.
01:03:13.000Secondly, whatever you do, if you're a candidate out there, don't hire anybody from Washington, D.C.
01:03:18.000that's part of the professional political class.
01:03:20.000These are the people that cost us 2022.
01:03:21.000They said, oh, keep your distance from Trump.
01:03:51.000I'm hoping that Robert Kennedy does the same in the Democratic primary process.
01:03:55.000That, you know, defend your constitutional rights and liberties, and Robert Kennedy's doing that.
01:03:58.000He brought suit against Google for its censorship efforts, challenged the Biden administration, demanded Secret Service protection.
01:04:05.000I think you'll be seeing more suits brought soon on his behalf, pushing back against these illicit attempts to censor and suppress his message.
01:04:29.000And I understand ordinary people have things they've got to worry about.
01:04:33.000But in the same way, if you do all that you can do to make a difference within using the legal remedies available to you, using the available court of public opinion, they don't obsess over what you think if what you think did not matter.
01:04:50.000They don't obsess over what you say, if what you say did not matter.
01:04:54.000So remember that power, use that power, because it's the power that brought about America in the first place.
01:05:00.000And if we remember our past, then we know the path to a better future.
01:05:35.000Sometimes so far into the weeds on the legal theory, but it just shows you, once you actually know what's going on, the sort of high-level messaging of the Democrats and the people trying to shut down the America First movement, it doesn't actually fly.
01:05:48.000So, you know, it's just great content.
01:05:50.000Robert, thank you for all that you do.
01:05:52.000Thank you for being on the show, and we'll have to have you back, because I imagine there will be a lot to talk about in the coming months, if not years, as the insanity continues.
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