WEBVTT - Jack Smith: The Prosecutor Becomes the Prosecuted? 0:00:03.520 --> 0:00:06.360 My name is Charlie Kirk. I run the largest pro 0:00:06.400 --> 0:00:09.960 American student organization in the country, fighting for the future 0:00:10.080 --> 0:00:13.360 of our republic. My call is to fight evil and 0:00:13.480 --> 0:00:16.520 to proclaim truth. If the most important thing for you 0:00:16.960 --> 0:00:19.919 is just feeling good, you're gonna end up miserable. But 0:00:20.000 --> 0:00:23.200 if the most important thing is doing good, you'll end 0:00:23.280 --> 0:00:26.400 up purposeful. College is a scam, everybody. You got to 0:00:26.400 --> 0:00:28.600 stop sending your kids to college. You should get married 0:00:28.640 --> 0:00:31.160 as young as possible and have as many kids as possible. 0:00:31.240 --> 0:00:33.280 Go start at turning point you would say college chapter. 0:00:33.479 --> 0:00:35.599 Go start attning point youould say high school chapter. Go 0:00:35.640 --> 0:00:37.839 find out how your church can get involved. Sign up 0:00:37.880 --> 0:00:39.839 and become an activist. I gave my life to the 0:00:39.880 --> 0:00:43.200 Lord in fifth grade, most important decision I ever made 0:00:43.200 --> 0:00:45.080 in my life, and I encourage you to do the same. 0:00:45.200 --> 0:00:49.720 Here I am Lord, Use me. Buckle up, everybody, Here 0:00:50.400 --> 0:00:58.800 we go. The Charlie Kirk Show is proudly sponsored by 0:00:58.800 --> 0:01:02.960 Preserved Gold, leading gold and silver experts and the only 0:01:03.040 --> 0:01:07.000 precious metals company I recommend to my family, friends and viewers. 0:01:09.400 --> 0:01:11.759 All right, welcome back to The Charlie Kirkshow. Hour two 0:01:11.840 --> 0:01:14.760 is underway. First day of America Fest at the Phoenix 0:01:14.800 --> 0:01:19.400 Convention Center kicks off tonight. Erica Kirk's gonna be welcoming everybody. 0:01:19.440 --> 0:01:22.200 We got Tucker Carlson, Ben Shapiro and more. I think 0:01:22.240 --> 0:01:25.119 Russell brand I forget who all is actually in tonight, 0:01:25.360 --> 0:01:27.720 but it's a killer lineup and it just keeps going 0:01:27.840 --> 0:01:31.640 the whole weekend. There are no breaks, no taking our 0:01:31.680 --> 0:01:33.960 foot off. The gas is going to be absolutely amazing. 0:01:34.040 --> 0:01:37.520 Lots of interviews at the members dot charliekirk dot com lounge, 0:01:37.880 --> 0:01:41.520 so those are private for members of the Charlie Kirkshow community, 0:01:41.680 --> 0:01:42.400 which is great. 0:01:42.760 --> 0:01:46.280 But in the meantime, Charlie Kirkshow community like the intelligence 0:01:46.280 --> 0:01:48.080 community or something that I say. 0:01:48.240 --> 0:01:51.160 It's a community. It's a group of people that share 0:01:51.200 --> 0:01:54.080 something in common. But right now we have Mike Davis, 0:01:54.160 --> 0:01:56.840 the Article three project. Mike, welcome back to the show. 0:01:56.880 --> 0:02:01.480 My friend. There is all this news. Chuck Grassley, I 0:02:01.520 --> 0:02:05.600 know you know, Chuck Grassley. Senator Grassley puts out this 0:02:05.720 --> 0:02:08.600 memo and basically says the FBI denied that there are 0:02:08.720 --> 0:02:11.720 at least is there's voices within the FBI asserting that 0:02:11.880 --> 0:02:14.280 they did not have probable cause to raid mar A Lago. 0:02:14.760 --> 0:02:17.079 Then you got Jack Smith who goes in for an 0:02:17.120 --> 0:02:22.880 eight hour closed door testimony making his case for why he, 0:02:23.320 --> 0:02:28.240 you know, embarked upon this Special Council political prosecution to 0:02:28.240 --> 0:02:30.320 President Trump, what is the truth? 0:02:30.360 --> 0:02:31.840 What did they learn yesterday? 0:02:33.000 --> 0:02:36.080 And you know what is going on behind the scenes 0:02:36.080 --> 0:02:39.359 with this FBI bombshell from Senator Grassley. 0:02:39.840 --> 0:02:42.400 Well, it's what we've been discussing on this show for 0:02:42.440 --> 0:02:46.560 over three years, Andrew, and that is that this was 0:02:46.600 --> 0:02:50.120 a political hits on President Trump in mar A Lago. 0:02:50.160 --> 0:02:53.880 It was a political hits to get back the damning 0:02:54.160 --> 0:02:59.919 Crossfire Hurricane records that President Trump declassified via Presidential ex 0:03:00.000 --> 0:03:03.720 executive order the day before he left office the first time. 0:03:04.120 --> 0:03:07.959 And they wanted to get back these records because they're 0:03:07.960 --> 0:03:08.480 so damning. 0:03:08.520 --> 0:03:09.320 They knew these. 0:03:09.160 --> 0:03:12.840 Records were going to come out because President Trump suited 0:03:12.880 --> 0:03:16.480 Hillary Clinton in a civil lawsuit in the Southern District 0:03:16.560 --> 0:03:20.280 of Florida for Crossfire Hurricane, for the Russian illusion hoax. 0:03:20.320 --> 0:03:24.359 When Obama Biden, Hillary Brennan, Clapper company, so many bad 0:03:24.400 --> 0:03:29.840 actors politicized and weaponized intel agencies to protect Hillary and 0:03:29.880 --> 0:03:33.200 her corruption when she was a Secretary of State, and 0:03:33.240 --> 0:03:36.080 the Clinton Foundation was taking tens of millions of dollars 0:03:36.680 --> 0:03:41.640 in shady foreign donations. Were just learning today that there 0:03:41.720 --> 0:03:45.400 is evidence of quid pro quo foreign corruption. With that 0:03:45.400 --> 0:03:49.560 that the Biden Justice Department sat on, and then with 0:03:49.640 --> 0:03:53.760 Crossfire Hurricane, they wanted to take out President Trump's campaign. 0:03:53.880 --> 0:03:56.880 So if these damning, if this damning evidence came out 0:03:56.920 --> 0:04:00.760 of Hillary Clinton's corruption because her server got hacked, that 0:04:00.800 --> 0:04:03.480 she wanted to be able to point to the Trump 0:04:03.520 --> 0:04:06.480 campaign and say, you can't believe this is a campaign, 0:04:07.160 --> 0:04:09.680 dirty trick, this is a hoax. They did the same 0:04:09.680 --> 0:04:12.880 thing with Hunter Biden's laptop in twenty twenty, so the 0:04:13.360 --> 0:04:16.680 FBI knew they didn't have probable cause to do this 0:04:16.839 --> 0:04:20.040 raid to get back these Crossfire Hurricane records, you have 0:04:20.160 --> 0:04:23.800 this US magistrate Judge Bruce Reinhardt in the Southern District 0:04:23.800 --> 0:04:28.320 of Florida, who was on the Trump versus Hillary civil case. 0:04:28.440 --> 0:04:31.960 He had to recuse because he had twenty seventeen Facebook 0:04:32.000 --> 0:04:35.359 post trashing President Trump, so obviously he's not going to 0:04:35.360 --> 0:04:39.400 be a fair judge. Six weeks later, that judicial bias 0:04:39.480 --> 0:04:44.520 somehow magically disappeared when Jay Bratz from the Biden Justice 0:04:44.520 --> 0:04:47.120 Department who went on to work for Jack Smith, went 0:04:47.200 --> 0:04:52.280 to Bruce Reinhardt and got this unprecedented's unlawful home raid 0:04:52.520 --> 0:04:55.159 on Trump when they knew they didn't have probable cause. 0:04:55.240 --> 0:04:59.880 It's so damning. I've talked about this for a long time. 0:05:01.080 --> 0:05:05.320 They've opened up a new grand jury in Fort Pierce, Florida, 0:05:05.360 --> 0:05:08.960 in the Southern District of Florida. My friend Jason Redding 0:05:09.040 --> 0:05:12.440 Quinones is Trump's new US attorney, and I have very 0:05:12.520 --> 0:05:15.719 publicly called for a grand jury to probe all of 0:05:15.760 --> 0:05:19.560 this and hold all of these lawfare democrats and other 0:05:19.640 --> 0:05:22.720 bad actors accountable for this, because this is the biggest 0:05:23.000 --> 0:05:24.480 scandal in American history. 0:05:25.120 --> 0:05:27.760 Wow, So you've got you know, what will never cease 0:05:27.800 --> 0:05:30.040 to amaze me is that you have these federal judges 0:05:30.400 --> 0:05:32.919 that just go on Facebook and like Trump's terrible, Like 0:05:34.000 --> 0:05:37.479 I mean, like the fact that a judge would feel 0:05:37.520 --> 0:05:42.640 so you know, loose to something, to say something political 0:05:42.920 --> 0:05:47.359 publicly on a social media site. It just it's just damning. 0:05:47.520 --> 0:05:49.640 I mean, in and of itself, I just find it 0:05:49.920 --> 0:05:53.400 really crass in low class. Actually, I don't know, I 0:05:53.440 --> 0:05:54.720 don't know if you're trying to chime in here, but 0:05:55.000 --> 0:05:57.760 it's just like you, you know, judges, you have this 0:05:57.839 --> 0:06:01.120 air of impartiality, you have an air of above the fray, 0:06:01.400 --> 0:06:02.760 and then you just go on to Facebook and like 0:06:02.800 --> 0:06:05.360 Trump sucks, Like okay, I don't know. 0:06:05.440 --> 0:06:08.760 It just seems beneath the office. Yeah, it is. 0:06:08.839 --> 0:06:11.160 It's also a violation of the judicial cannons. But I 0:06:11.200 --> 0:06:14.800 would say this about that US Magistrate Judge Bruce Reinhart 0:06:14.800 --> 0:06:17.719 at the timing of that Maro Lago rate seems very fishy. 0:06:18.560 --> 0:06:21.440 He recuses in the civil lawsuit. Six weeks later, the 0:06:21.520 --> 0:06:24.400 recusal issue goes away, and all of a sudden, Jay 0:06:24.440 --> 0:06:27.360 Bratt is down in Maro a Lagos sniffing around and 0:06:27.440 --> 0:06:30.479 coming up with a pretext that through this trade for 0:06:30.640 --> 0:06:34.920 presidential records that the president is allowed to have under 0:06:34.960 --> 0:06:39.159 the Presidential Records Act. What did Bruce Reinhardt talk to 0:06:39.240 --> 0:06:43.640 Jay Bratts about this? How did Ja Bratt know that 0:06:43.680 --> 0:06:46.080 these documents were going to be produced in that civil 0:06:46.120 --> 0:06:49.520 lawsuit versus Hilary when it was This whole thing needs 0:06:49.560 --> 0:06:52.800 to be investigated, and all of these bad actors need 0:06:52.839 --> 0:06:54.760 to be investigated, including these judges. 0:06:55.680 --> 0:06:58.600 So you say we need accountability here, I would agree, 0:06:59.279 --> 0:07:03.200 Mike Davis Article three project. What so you form a 0:07:03.240 --> 0:07:09.400 grand jury? What would accountability look like for somebody like 0:07:09.480 --> 0:07:10.040 Jack Smith? 0:07:10.800 --> 0:07:13.280 The accountability would be what we've been talking about for 0:07:13.280 --> 0:07:15.640 over three years. You open up a criminal probe under 0:07:15.680 --> 0:07:21.920 eighteen USC. Section two forty one. Conspiracy against rights when 0:07:21.920 --> 0:07:26.080 you politicize and weaponize intel agencies and law enforcement to 0:07:26.200 --> 0:07:28.720 go after your political enemies for non crimes. That's the 0:07:29.520 --> 0:07:33.480 textbook definition of conspiracy against rights. Jack Smith is very 0:07:33.520 --> 0:07:37.120 well aware of this conspiracy against rights crime because it's 0:07:37.160 --> 0:07:40.360 one of the four charges he made against President Trump 0:07:40.360 --> 0:07:43.280 for the non crime of the non crime of President 0:07:43.360 --> 0:07:46.560 Trump objecting to a presidential election, which is allowed by 0:07:46.600 --> 0:07:50.080 the Electoral Count Act of eighteen eighty seven and the 0:07:50.080 --> 0:07:52.760 First Amendment. Jack Smith can go into that closed door 0:07:52.800 --> 0:07:55.440 hearing and say whatever he wants. He said he had 0:07:55.480 --> 0:07:57.200 all the goods, he had all the evidence to get 0:07:57.480 --> 0:07:59.880 President Trump. He didn't. This guy is a part of 0:08:00.800 --> 0:08:05.440 scud Missile, who Democrats sent in to take out Republican 0:08:05.520 --> 0:08:09.000 presidential candidates. They'd sent in Jack Smith to take out 0:08:09.440 --> 0:08:12.880 former Virginia Governor Bob McDonald when he was a likely 0:08:13.000 --> 0:08:18.080 presidential candidate for Republicans. Jack Smith got a criminal conviction 0:08:18.480 --> 0:08:21.560 for fraud. It got overturned eight to nothing by the 0:08:21.600 --> 0:08:23.440 Supreme Court of the United States. It would have been 0:08:23.480 --> 0:08:26.520 nine to nothing, but Justice Scalia died. But Jack Smith 0:08:26.520 --> 0:08:29.000 didn't care that the damage was done. He took out 0:08:29.240 --> 0:08:33.880 Reverend mcgovernor McDonald as a presidential candidate. Jack Smith got 0:08:33.920 --> 0:08:35.760 banished to the Hey, he should have lost his law 0:08:35.840 --> 0:08:38.640 license after that. He's after you get beat eight to 0:08:38.679 --> 0:08:41.400 nothing at the Supreme Court. It's very hard to get 0:08:41.520 --> 0:08:44.760 beat eight to nothing at the Supreme Court, particularly on 0:08:44.800 --> 0:08:47.920 a criminal case. But Jack Smith found the way and 0:08:47.960 --> 0:08:50.600 they brought him back. The Biden regime brought him back 0:08:50.880 --> 0:08:54.800 to take out Trump at all costs. They failed because 0:08:54.840 --> 0:08:58.880 President Trump hired John Sower than now the Solicitor General, 0:08:59.000 --> 0:09:03.559 and John Sower the presidential immunity argument, which stopped the 0:09:03.559 --> 0:09:07.440 prosecutions in their tracks. But if John Sower didn't do that, 0:09:07.480 --> 0:09:10.640 President Trump would be sitting in a prison cell right 0:09:10.679 --> 0:09:11.920 now instead of the White House. 0:09:12.880 --> 0:09:15.520 But it does strike me, isn't that probably the best 0:09:15.559 --> 0:09:19.480 defense Jack Smith could make is you can say it's politicized. 0:09:19.480 --> 0:09:22.040 I think we agree it felt politicized, but a lot 0:09:22.080 --> 0:09:23.880 of it is if they can cover it with enough 0:09:23.960 --> 0:09:27.040 measure of legal formality. 0:09:26.640 --> 0:09:27.920 And getting evidence. 0:09:28.000 --> 0:09:30.440 He brings up we have part of his statement and 0:09:30.480 --> 0:09:33.400 he said, I just brought the charges that a grand 0:09:33.480 --> 0:09:36.160 jury returns. So doesn't he have sort of a pretty 0:09:36.160 --> 0:09:39.080 strong defense of a grand jury agreed with us? 0:09:39.520 --> 0:09:39.760 Yep. 0:09:41.880 --> 0:09:45.520 Everyone knows that a grand jury will indict a ham Sandwich. 0:09:45.600 --> 0:09:49.440 And you have a separate duty as a prosecutor to 0:09:49.600 --> 0:09:52.240 make sure that you have probable cause to make sure 0:09:52.240 --> 0:09:55.160 that there is a good faith legal basis for what 0:09:55.200 --> 0:09:57.720 you're doing, to make sure that you're not bringing not 0:09:57.880 --> 0:10:01.800 he remember what Jack Smith did. He brought novel legal charges. 0:10:01.880 --> 0:10:04.640 He tried to throw Trump in prison for the non 0:10:04.679 --> 0:10:07.960 crime of having presidential records, which is allowed by the 0:10:08.000 --> 0:10:10.480 Presidential Records Act. He tried to throw Trump in prison 0:10:10.800 --> 0:10:13.679 for the non crime of objecting to a presidential election, 0:10:13.720 --> 0:10:16.520 which is allowed by the Electoral Account Act of eighteen 0:10:16.559 --> 0:10:20.199 eighty seven. In the First Amendment, Jack Smith politicized and 0:10:20.240 --> 0:10:23.960 weaponized intel agencies and law enforcement to take out trouble 0:10:24.040 --> 0:10:27.080 Law with many many others, and Jack Smith can raise 0:10:27.120 --> 0:10:28.480 that defense to the jury. 0:10:30.960 --> 0:10:34.280 This is Lane Schumberger, chief investment officer and founding partner 0:10:34.280 --> 0:10:36.880 of y Refi. It has been an honor and a 0:10:36.920 --> 0:10:39.760 privilege to partner with Turning Point and for Charlie to 0:10:39.840 --> 0:10:42.920 endorse us. 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That 0:11:31.880 --> 0:11:35.400 is y R e f y dot com Private student 0:11:35.440 --> 0:11:38.640 loan debt relief yrefight dot com. 0:11:39.880 --> 0:11:43.480 Mike, you, uh, what have you heard from your sources 0:11:43.480 --> 0:11:46.440 about this, this briefing that happened on the Narco boats. 0:11:46.520 --> 0:11:49.040 I mean even Fetterman's coming out and saying this is 0:11:49.080 --> 0:11:52.160 all legal. They have a three step process, multi tier process, 0:11:52.240 --> 0:11:54.760 and there's lawyers at every step of the way. Is 0:11:54.800 --> 0:11:57.679 there any concern that you know that they're gonna have 0:11:57.720 --> 0:12:00.440 any legal basis to attack Pete Hegseth when he's no 0:12:00.480 --> 0:12:02.840 longer Secretary of War for example, or any of the 0:12:02.840 --> 0:12:04.000 people in the chain of command. 0:12:04.000 --> 0:12:07.720 Here, President of the United States, as the commander in chief, 0:12:08.320 --> 0:12:15.239 has the constitutional and statutory power and duty to protect 0:12:15.960 --> 0:12:20.160 our nation, including repelling an invasion. And that's exactly what's 0:12:20.200 --> 0:12:23.360 going on here. You have these Narco boats bringing in 0:12:24.040 --> 0:12:28.040 fence and all that's killing tens of thousands of Americans, 0:12:28.240 --> 0:12:32.960 and that the President is well within his constitutional and 0:12:33.040 --> 0:12:36.160 statutory authority. He's well within his constitutional authority as the 0:12:36.160 --> 0:12:39.160 commander in chief. Under the Commander in Chief Clause even 0:12:39.200 --> 0:12:42.280 if there's not a declaration of war, because going back 0:12:42.320 --> 0:12:46.199 to our founding, everyone agrees that the president can repel 0:12:46.520 --> 0:12:49.960 an invasion into our country. And also under the War 0:12:50.040 --> 0:12:55.000 Powers Act of nineteen seventy three, passed by Congress over 0:12:55.160 --> 0:12:58.760 President Nixon's veto, many presidents do not consider the War 0:12:58.800 --> 0:13:02.760 Powers Act constant utional because they think it constrains too 0:13:02.800 --> 0:13:09.160 much of the president's power to fight wars and to 0:13:09.240 --> 0:13:12.000 defend our country. But even if you think that the 0:13:12.040 --> 0:13:15.480 War Powers Act of nineteen seventy three is constitutional, what 0:13:15.640 --> 0:13:19.560 President Trump is doing is within his statutory powers under 0:13:19.600 --> 0:13:22.240 the War Powers Act of nineteen seventy three. There's no 0:13:22.360 --> 0:13:27.240 legal issue here whatsoever. And I don't remember these Democrats 0:13:27.440 --> 0:13:32.480 like Senator Mark Kelly complaining when President Obama ordered extra 0:13:32.559 --> 0:13:37.600 judicial drone strikes on American citizens abroad, including a minor 0:13:37.920 --> 0:13:41.640 so and I supported that if President Obama at drone 0:13:41.679 --> 0:13:47.199 strike Americans, President Trump and certainly Bob Narco boats. 0:13:46.800 --> 0:13:51.120 Are there any limits on what he could choose to bomb? 0:13:51.200 --> 0:13:52.240 I suppose sure. 0:13:52.280 --> 0:13:55.000 I mean there are limits if you have to show 0:13:55.040 --> 0:13:59.600 that they're you know, if the president is bombing things 0:13:59.600 --> 0:14:02.040 that are not danger to the United States, then sure, 0:14:02.040 --> 0:14:04.360 there could be limits on that, but it's the president 0:14:04.400 --> 0:14:08.920 has very broad discretion. He has very broad power and 0:14:09.040 --> 0:14:12.679 very broad discretion as the chief executive officer and as 0:14:12.720 --> 0:14:16.479 the commander in chief as it relates to controlling our military, 0:14:16.600 --> 0:14:21.120 protecting our country, protecting shipping lanes, protecting our allies. He 0:14:21.160 --> 0:14:25.720 has broad powers. Remember that if you look at the Constitution, 0:14:25.840 --> 0:14:28.600 that the Congress has the power to declare war, not 0:14:28.720 --> 0:14:30.920 make war, right, So there's a difference there, And the 0:14:30.960 --> 0:14:33.720 founders actually debated that. If you go back and look 0:14:33.760 --> 0:14:37.520 at the Federalist papers, they intentionally changed that language from 0:14:37.520 --> 0:14:42.400 make war to declare war to give the president more leeway, 0:14:42.600 --> 0:14:44.360 more running room to protect our country. 0:14:46.040 --> 0:14:46.280 Yeah. 0:14:46.320 --> 0:14:49.680 I mean, I'm mostly just worried that, you know, if 0:14:49.760 --> 0:14:51.880 the future elections don't go our way, that they're going 0:14:51.920 --> 0:14:55.720 to try and you know, throw secretary headset in the gulag. 0:14:56.000 --> 0:14:56.920 I doubt they would. 0:14:56.960 --> 0:15:00.240 I think there's probably a I mean, there's I guess 0:15:00.240 --> 0:15:02.120 I shouldn't say they won't, because there's really no limit 0:15:02.160 --> 0:15:04.200 to the damage the left might do to the country 0:15:04.560 --> 0:15:05.360 in a fit of peak. 0:15:05.800 --> 0:15:07.240 But I think. 0:15:07.120 --> 0:15:10.000 Historically, at least there would be a very strong bipartisan 0:15:10.040 --> 0:15:14.960 hesitancy to have our military leaders be second guessing actions 0:15:15.000 --> 0:15:17.160 they take because they're just going to get prosecuted for it. 0:15:17.360 --> 0:15:21.360 Sound a party because at that point an if they're 0:15:21.360 --> 0:15:22.640 going to throw out that, they could do it for 0:15:22.720 --> 0:15:24.960 probably any other military action as well. I think you 0:15:25.080 --> 0:15:28.520 need a more clear cut unanimity on it being something 0:15:28.640 --> 0:15:31.920 completely unacceptable, you know, massacre of village in Rightetnam, where 0:15:31.960 --> 0:15:35.120 they had evidence that was clear. 0:15:34.880 --> 0:15:39.440 That they were only civilians. For for example, Mike, we've got 0:15:39.480 --> 0:15:41.080 only about a minute and a half left in this segment, 0:15:41.120 --> 0:15:43.160 but I wanted to play this cut from a judge 0:15:43.200 --> 0:15:46.880 Janine or I guess US attorney Jeanine Piro two ninety one. 0:15:47.440 --> 0:15:52.160 There certainly was an effort to you know, misclassify, mischaracterize 0:15:52.200 --> 0:15:55.840 certain categories of crime, and it was an attempt to 0:15:55.880 --> 0:15:59.520 make crime look lower than it was. And the investigation 0:15:59.640 --> 0:16:02.240 that we inducted over a period of several months based 0:16:02.320 --> 0:16:05.960 upon the report of the deflation of numbers, it was 0:16:06.200 --> 0:16:09.760 very thorough. As you indicated, over six thousand reports were 0:16:09.760 --> 0:16:12.960 looked at, over fifty witnesses, and those witnesses were rank 0:16:13.000 --> 0:16:16.800 and filed from the top down. But the bottom line 0:16:16.840 --> 0:16:20.160 here is this now we're in a situation with President 0:16:20.160 --> 0:16:23.840 Trump and the Attorney General Pam BONDI, where every case 0:16:23.920 --> 0:16:26.560 is being looked at, every case is being reviewed by 0:16:26.600 --> 0:16:27.480 my office. 0:16:27.920 --> 0:16:30.920 My questions quick here, Mike, What can you do? I 0:16:31.000 --> 0:16:33.960 guess state level other states are probably cooking the books 0:16:33.960 --> 0:16:35.840 on crime stats as well, but at least in DC 0:16:35.920 --> 0:16:38.760 there are some federal control. How do you fix this? 0:16:38.800 --> 0:16:40.040 Who can you hold accountable? 0:16:40.160 --> 0:16:42.360 I would open a criminal proll because if you are 0:16:42.760 --> 0:16:46.520 making false statements to the federal government with your crime 0:16:46.560 --> 0:16:50.240 statistics in order to get, for example, more grant money, 0:16:50.920 --> 0:16:52.800 you could be charged for that. You could be charged 0:16:52.840 --> 0:16:55.920 for fraud. You could be charged for conspiracy. 0:16:56.040 --> 0:16:58.120 Can judge the charge? Hinjinine Piro do that? 0:16:59.440 --> 0:17:02.960 She could? I think you should look more closely at this. 0:17:03.360 --> 0:17:05.480 Mike Davis, thanks for the time, my friend, will see 0:17:05.480 --> 0:17:05.800 you soon. 0:17:05.920 --> 0:17:08.600 Thank you. 0:17:08.600 --> 0:17:11.679 You know, I've been thinking about how much culture is 0:17:11.680 --> 0:17:14.199 shaped by what we choose to watch, because, whether we 0:17:14.440 --> 0:17:16.639 realize it or not, the stories we invite into our 0:17:16.640 --> 0:17:19.000 homes shape the way we see the world. That's why 0:17:19.080 --> 0:17:21.920 what Angel Studios is doing matters. And right now they're 0:17:21.920 --> 0:17:23.760 having their biggest sale of the year for a limited 0:17:23.800 --> 0:17:26.280 time You can get an Angel Guild membership for his 0:17:26.359 --> 0:17:29.199 low as six ninety nine a month for twelve months, 0:17:29.400 --> 0:17:33.119 plus two free tickets to see David in theaters. 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All right, so, Senator Mike Lee, welcome back 0:18:11.000 --> 0:18:13.159 to the show. It's great to have you. Thank you 0:18:13.200 --> 0:18:16.119 for making the time. There has been a raging debate 0:18:16.160 --> 0:18:18.399 online and then I think Mark Waynemullen, one of your 0:18:18.440 --> 0:18:21.520 senate colleagues who also comes on the show often, he 0:18:21.680 --> 0:18:24.199 sort of seemed like he was now open to the 0:18:24.240 --> 0:18:27.280 idea of nuking the filibuster. I had all these questions, 0:18:27.640 --> 0:18:29.800 why if we don't you know, you got Mitch McConnell, 0:18:29.840 --> 0:18:33.119 you got Susan Collins Murkowski. I don't know what you 0:18:33.119 --> 0:18:35.840 could even get accomplished if you do nuke the philibuster. 0:18:35.960 --> 0:18:39.480 And then you came out with this tweet threeh eight 0:18:39.520 --> 0:18:42.240 you say, the chronic abuse of the Senate sixty vote 0:18:42.240 --> 0:18:45.080 cloture standard must come to an end. Now the Senate 0:18:45.119 --> 0:18:48.960 GOP must immediately start fighting cloture abuse by, among other things, 0:18:49.359 --> 0:18:54.399 requiring senators to debate. So lay out how this is 0:18:54.440 --> 0:18:57.000 distinct from just nuking the filibuster. 0:18:57.320 --> 0:18:59.520 Look, these are all ways that we're focused on to 0:18:59.640 --> 0:19:05.359 try to and filibuster abuse and cloture abuse. And first 0:19:05.480 --> 0:19:09.359 let me explain what cloture is and what the filibuster is. 0:19:09.760 --> 0:19:13.960 The Senate from the very beginning of its existence, for 0:19:14.720 --> 0:19:17.600 nearly two and a half centuries, has had as a 0:19:17.640 --> 0:19:21.760 general rule unlimited debate that you allow as long as 0:19:21.800 --> 0:19:27.800 any senator wants to debate, debate will continue. Now, starting 0:19:29.119 --> 0:19:31.359 about a century ago, I think it was maybe in 0:19:31.440 --> 0:19:34.360 nineteen seventeen, they came up with a means by which 0:19:34.400 --> 0:19:37.399 they could bring debate to a close. Initially it required 0:19:37.440 --> 0:19:40.639 a three fourth supermajority that was later lowered to a 0:19:40.640 --> 0:19:43.720 two third supermajority. It's now a three fifths supermajority and 0:19:43.760 --> 0:19:47.800 has been there for about fifty years. Meeting in a 0:19:48.000 --> 0:19:52.439 one hundred vote senate, you've got to have sixty votes 0:19:53.440 --> 0:19:56.000 from sixty different senators to bring debate to a close. Then, 0:19:56.040 --> 0:19:57.920 and only then can you bring debate to a close. 0:19:57.960 --> 0:20:01.320 So the whole point of this cloture rule, it's not 0:20:01.440 --> 0:20:06.359 to create a de facto sixty vote threshold for passing 0:20:06.440 --> 0:20:10.639 legislation itself. It often has that effect, but really the 0:20:10.640 --> 0:20:12.440 purpose of it is to extend debate. 0:20:12.240 --> 0:20:14.440 In lesser until you get sixty votes to bring debate 0:20:14.520 --> 0:20:17.720 to a close. Here's what it's metastasized into. Though. 0:20:18.040 --> 0:20:21.639 What it's turned into is something very interesting. It's turned 0:20:21.640 --> 0:20:25.280 into people saying, well, I don't want to vote for it, 0:20:25.480 --> 0:20:29.960 I won't support cloture. Therefore I don't have to debate it, 0:20:30.480 --> 0:20:35.959 and I can kill it simply by refusing to support culture. 0:20:36.000 --> 0:20:38.760 But then we don't require them to debate, and so 0:20:39.200 --> 0:20:42.000 this allows them a cheap and easy way of creating 0:20:42.040 --> 0:20:44.359 a de facto sixty vote threshold. 0:20:44.400 --> 0:20:47.000 For passing legislation. That's not how it's supposed to work. 0:20:47.600 --> 0:20:50.400 The point is this, if we enforce the cloture rule, 0:20:50.840 --> 0:20:53.320 we could end cloture abuse and we could end this 0:20:53.440 --> 0:20:59.040 perpetual tail chasing model in which even when Republicans control 0:20:59.080 --> 0:21:02.040 the Senate and the House and the White House as 0:21:02.080 --> 0:21:05.840 we currently do, we just take all sorts of things 0:21:05.880 --> 0:21:06.399 off the table. 0:21:06.440 --> 0:21:09.320 We can't accomplish this. We can't accomplish that. Why well, 0:21:09.320 --> 0:21:11.960 because we don't have sixty votes. There are other ways 0:21:11.960 --> 0:21:12.679 that break through this. 0:21:13.280 --> 0:21:16.080 You enforce the rules by requiring them to debate, and 0:21:16.119 --> 0:21:19.760 then the minute they stop debating, either because you've physically 0:21:19.800 --> 0:21:24.040 exhausted them or because they have exhausted their. 0:21:24.240 --> 0:21:27.320 Right to continue speaking. We have a number of rules about. 0:21:27.080 --> 0:21:29.840 That, including you can only speak twice on the same 0:21:29.920 --> 0:21:32.879 legislative day, on the same discrete legislative matter. If they 0:21:32.920 --> 0:21:36.760 have exhausted either themselves physically or their right to speak, 0:21:37.560 --> 0:21:39.600 that moment, you can call of the vote and that 0:21:39.680 --> 0:21:42.200 vote is cast as simple majority threshold and you can 0:21:42.200 --> 0:21:43.000 get a lot past. 0:21:43.480 --> 0:21:45.440 We haven't been doing that. We need to get back 0:21:45.480 --> 0:21:46.480 into that business. 0:21:46.920 --> 0:21:49.880 Yeah, that's so you're basically you know you've seen these. 0:21:50.119 --> 0:21:53.840 Senator Cruz did the marathon. You had Corey Booker do 0:21:53.960 --> 0:21:57.119