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Speaker 1: Twenty twenty four is going to be a monster year

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Speaker 1: in politics. We want to keep you up to date

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Speaker 1: on all things election, but you've got live family jobs,

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Speaker 1: and he can't always listen every day to the show.

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Speaker 2: That's why we've created a podcast called twenty four that

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Speaker 2: gives a recap of our election coverage from the week.

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Speaker 1: Think of it like a highlight reel, a breakdown of

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Speaker 1: all the plays, analysis and team interviews.

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Speaker 2: Twenty four will drop at noon Eastern on Sundays in

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Speaker 2: our podcast feed. You can find it on the free

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Speaker 2: iHeartRadio app or wherever you get your podcast.

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Speaker 3: Welcome to today's edition of the Clay Travis and Buck

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Speaker 3: Sexton Show podcast.

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Speaker 1: Welcome in Clay Travis buck Sexton Show.

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Speaker 4: Appreciate all of you hanging out with us.

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Speaker 1: Thursday edition of the program, and we can say as

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Speaker 1: we join you today, something unprecedented in the truest sense

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Speaker 1: of the word, is actually underway. The states of Colorado

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Speaker 1: and Maine are arguing that Donald Trump should not be

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Speaker 1: on the ballot for the twenty twenty four election because

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Speaker 1: they are saying that he actually has violated the Constitution

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Speaker 1: and is not eligible. And they are making the argument

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Speaker 1: that he violated the Constitution as it was amended to

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Speaker 1: deal with Confederate soldiers.

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Speaker 4: I am a Civil War history buff.

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Speaker 1: I have to admit, buck, I never thought that the

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Speaker 1: legacy of the Civil War as it pertains to who's

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Speaker 1: eligible to be elected president of the United States would

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Speaker 1: be a focal point of any Supreme Court argument in

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Speaker 1: my lifetime. Certainly not in the twenty first century. But

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Speaker 1: that is where we are as the lawfare against Trump

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Speaker 1: continues to build. I understand for a lot of people

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Speaker 1: out there, it's kind of hard to even keep tabs

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Speaker 1: on all of the different storylines out there circulating, whether

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Speaker 1: it's E. Gene Carroll, whether it's Alvin Bragg, whether it's

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Speaker 1: Letitia James and the business related case, whether it's down

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Speaker 1: in South Florida with the classified documents in Washington, d C.

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Speaker 1: With January sixth, in Atlanta, Georgia, with everything that happened

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Speaker 1: in the state of Georgia, and now in front of

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Speaker 1: the Supreme Court, unprecedented as Colorado and Maine have taken

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Speaker 1: Donald Trump off the ballot and are arguing that he

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Speaker 1: is ineligible to be the President of the United States. Now,

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Speaker 1: let's play a couple of cuts, Maybe we'll even go

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Speaker 1: jump in and listen to a bit of this live,

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Speaker 1: as it is an unprecedented and historic argument that is

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Speaker 1: currently taking place in the Supreme Court. But here is

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Speaker 1: Trump's attorney Jonathan Mitchell, responding to questions from Katanji Brown Jackson,

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Speaker 1: saying straight up, it was not an insurrection. A strong

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Speaker 1: part of his argument. Let's play cut one.

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Speaker 5: I read your opening brief to accept that those events

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Speaker 5: counted as an insurrection, but then your reply seem to

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Speaker 5: suggest that they were not.

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Speaker 4: So what is your positions.

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Speaker 6: We never accepted or conceded in air opening brief that

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Speaker 6: this was an insurrection. What we said in the opening

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Speaker 6: brief was President Trump did not engage in any act

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Speaker 6: that can plausibly be characterized insurrections.

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Speaker 5: Right, So why would that not be an What is

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Speaker 5: your argument that it's not? Your apply brief says that

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Speaker 5: it wasn't because I think you say it did not

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Speaker 5: involve an organized attempt to overthrow the government.

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Speaker 6: So that's one of many reasons. But for an insurrection,

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Speaker 6: there needs to be an organized, concerted effort to overthrow

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Speaker 6: the government of the United States through violence.

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Speaker 5: And this sory point is that a chaotic effort to

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Speaker 5: overthrow the government is not an insurrection.

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Speaker 6: But we didn't con see that it's an effort to

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Speaker 6: overthrow the government either.

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Speaker 4: Justice Jackson right.

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Speaker 6: None of these criteria were met. This was a riot,

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Speaker 6: it was not an insurrection. The events were shameful, criminal, violent,

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Speaker 6: all of those things, but did not qualify as insurrection

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Speaker 6: as that term is used in section three.

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Speaker 2: That is excellent work by that attorney on the absolutely

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Speaker 2: critical issue here.

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Speaker 4: Clay.

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Speaker 2: I remember I wrote, I think it was back in

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Speaker 2: twenty twenty You're twenty twenty one an op ed where

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Speaker 2: I just said, anyone who says this is an insurrection

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Speaker 2: is an idiot or a liar. It's clearly not an insurrection,

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Speaker 2: and let's just take a step back. I think the

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Speaker 2: lawyer there did a good job of arguing this on

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Speaker 2: behalf of the Trump campaign. But keep in mind, it's

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Speaker 2: not just a person here that they are saying was

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Speaker 2: trying to overthrow the government. They are explicitly stating that

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Speaker 2: the commander in chief of the most powerful military in

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Speaker 2: the history of the world, in all of human history,

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Speaker 2: somehow was trying to overthrow the government without a single

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Speaker 2: armed person doing anything to anyone. Okay, that somehow the

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Speaker 2: guy who has at his disposal the nuclear codes the

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Speaker 2: branches of the United States military. Now you could say

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Speaker 2: the military would have refused a lawful order. Okay, But

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Speaker 2: if Trump had told, you know, a marine expeditionary for.

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Speaker 1: The military at all, buck, hey, I need you to

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Speaker 1: go to the capital and try to prevent a proceeding

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Speaker 1: from taking place.

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Speaker 4: That's an insurrection.

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Speaker 2: That's an insurrection, and it's not hard. He was somebody

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Speaker 2: who had the full capability to try an insurrection if

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Speaker 2: Donald Trump had wanted to, and it would have been

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Speaker 2: a definitional I would have been the clearest possible insurrection,

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Speaker 2: which is party in power says, you know what, We're

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Speaker 2: using the military to subvert the democratic process and overthrow

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Speaker 2: the peaceful transfer of power. If Trump had did that, yes,

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Speaker 2: it would have been an insurrection. We would not be

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Speaker 2: sitting here arguing about this. It would have been clear. Okay,

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Speaker 2: that's not what happened. And I'm sorry, but we can't

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Speaker 2: forget the political party and the political ideology. The Democrats

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Speaker 2: who embraced months of riots to intimidate the American population

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Speaker 2: going into an election year and pretended that somehow people

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Speaker 2: burning down buildings and looting drug stores and punching cops

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Speaker 2: and throwing bottles of urine at them, not one time

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Speaker 2: at one over excited protest, but for months and months,

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Speaker 2: for the summer of BLM two point zero twenty twenty,

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Speaker 2: that they lionized these individuals, that they held them up

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Speaker 2: as civil rights heroes. They're going to lecture us now

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Speaker 2: and try to prevent the political process from playing out

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Speaker 2: based on.

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Speaker 4: Our riot that happened. That's really how this is gonna go.

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Speaker 4: You know, I'm I'm happy that the Supreme Court. I

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Speaker 4: think Clay is going to come to the right conclusion.

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Speaker 2: Here, but everyone should be appalled at the fact that

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Speaker 2: you're so to Myor and Katangi Brown Jackson, Jackson, I

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Speaker 2: can assure you I think this was an insurrection, and

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Speaker 2: if they could, they would keep Donald Trump off the ballot.

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Speaker 2: I don't think you're gonna get a nine.

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Speaker 4: To oh here. I hope we get a nine to oh.

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Speaker 4: I think I hope we get a nice I don't

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Speaker 4: think because we will.

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Speaker 2: I don't I think a Tangy Brown Jackson and so

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Speaker 2: do Mayor are going to say this was an insurrection.

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Speaker 4: Trump should be off the ballot.

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Speaker 2: That's how By the way, I hope that I'm wrong,

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Speaker 2: because that's appalling, but I think that they will, and

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Speaker 2: that tells you a lot.

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Speaker 4: Well.

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Speaker 1: If that happens, I hope Elena Kagan at least leaves

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Speaker 1: behind the My biggest concern Buck is that we get

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Speaker 1: a six to three verdict, right, and it is everybody

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Speaker 1: on the left of the Supreme Court says Trump should

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Speaker 1: be removed from a ballot, and then they have to

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Speaker 1: file a descent and they have to set that precedent

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Speaker 1: as of descent out there for years and years into

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Speaker 1: the future, hundreds of years hopefully, maybe even a thousand years.

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Speaker 4: Who knows how long our republic will stand.

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Speaker 1: But the precedent that they set here is going to

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Speaker 1: echo throughout generation. So that's why I hope it's an IO.

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Speaker 1: I hope it is an IO. I fear that it's

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Speaker 1: going to be a six ' to three. I hope at minimum,

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Speaker 1: to your point, that it's a seven to two. So

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Speaker 1: at least Elena Kagan can break off and not be

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Speaker 1: straight political in terms of the demarcation are Yeah, I.

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Speaker 2: Think that's I mean, I might now want to ammen

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Speaker 2: and say it it'll be six ' three, I am

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Speaker 2: very confident that Soda Mayor and Jackson will we'll go

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Speaker 2: along with this, this fantasy, this mythology that it's an insurrection.

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Speaker 2: And also, how do you have due process if it's

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Speaker 2: just an argument in the public square that you can

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Speaker 2: be taken off because people say so, right, I mean

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Speaker 2: that the whole thing is not the public square argument,

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Speaker 2: is the ballot box. That's how this the only way

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Speaker 2: that this whole thing for Trump should be solved. And

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Speaker 2: any adult, any like sentient, emotionally stable adult can see

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Speaker 2: this is let the people vote. Let's see what the

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Speaker 2: American people actually really think, right, I mean, that's what

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Speaker 2: I think. Kagan I didn't want to skip past this.

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Speaker 2: Kagan knows that as a matter of law, this is absurd,

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Speaker 2: but she's also a leftist and she may feel too

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Speaker 2: much pressure, you know what I mean. I think she

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Speaker 2: recognizes in her heart that this is crazy, but she

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Speaker 2: may go along with the other two because this is

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Speaker 2: so emotionally devastating to so the left. The fact that

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Speaker 2: Donald Trump may actually be able to run and win.

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Speaker 1: I think the idea of it being a descent that

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Speaker 1: you have to write and for people out there who

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Speaker 1: don't really think a lot about this. Scullia was an

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Speaker 1: expert at this. There have been many great dissenters over

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Speaker 1: the course of the Supreme Court's history. And the great

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Speaker 1: thing about a dissent is you're writing for the future

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Speaker 1: and argument that you believe in today, and you're trying

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Speaker 1: to lay the groundwork to win a case maybe twenty

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Speaker 1: to fifty, maybe one hundred years from now, based on

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Speaker 1: a really strong argument that you firmly believe in that

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Speaker 1: could carry the day in the future. The one reason

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Speaker 1: why I'm optimistic a little tiny bit Buck that we

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Speaker 1: could get a nine to zero is I think this

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Speaker 1: descent if they say that Trump should be taken off

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Speaker 1: the ballot, I think when you move away from the

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Speaker 1: passions of the moment, which is what a court is

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Speaker 1: supposed to do, not be taken up. What did Benjamin

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Speaker 1: Franklin say back in the day, passion rules and she

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Speaker 1: never rules wisely a lot of times the moment, you know,

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Speaker 1: think about Buck, what they said, I mean Koramatsu. I

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Speaker 1: believe it was where they said, hey, you can put

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Speaker 1: Japanese people in internment camps.

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Speaker 4: And it takes a long time.

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Speaker 2: Supreme Court upheld it right that's it. No Fed branch

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Speaker 2: did it, And then the Supreme Court said.

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Speaker 1: Yeah, And that was obviously reacting in real time to

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Speaker 1: what was going on in the World War two elements

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Speaker 1: and the passions of the moment. And then they come

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Speaker 1: back on it and they're like, man, this was an

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Speaker 1: embarrassment of the Court. I think twenty years, forty years

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Speaker 1: from now, this could be an embarrassment to the Court.

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Speaker 1: And I think writing a dissent, Kagan, I think would

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Speaker 1: get that better than most Sato my Yord. You may

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Speaker 1: be right, and Katanji Brown Jackson may be such leftists

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Speaker 1: that they would not be able to to rise to

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Speaker 1: the level of thinking about the history that they're making

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Speaker 1: and what that dissent would look like for years to come.

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Speaker 1: And by the way, there are people out there who

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Speaker 1: are intelligent we should play this. I mean, this is judge,

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Speaker 1: former federal judge Ludding, who is a Republican and is

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Speaker 1: a conservative and obviously hates Trump, but he was one

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Speaker 1: of these individuals who even started this argument. To be fair,

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Speaker 1: it's not just the leftists who have made the argument

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Speaker 1: that Trump I disagree with it, but it's not just

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Speaker 1: leftists who have made this argument. Here's cut two that

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Speaker 1: there is I don't know twenty percent of the legal

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Speaker 1: community probably that would subscribe to the idea that Trump

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Speaker 1: is not eligible anymore. Here is Ludding, a former Federal

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Speaker 1: Circuit Court judge. I think listen to him. Cut too.

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Speaker 7: There's no question whatsoever that the former president engaged in

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Speaker 7: an insurrection against the Constitution when he attempted to remain

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Speaker 7: in power or beyond his constitutional term of four years.

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Speaker 7: This is precisely the insurrection that disqualifies one under section

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Speaker 7: three of the fourteenth Amendment. But there's such massive political

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Speaker 7: consequences that although the Supreme Court ought not consider those,

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Speaker 7: undoubtedly they will consider them. But the Constitution requires the

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Speaker 7: disqualification of the former president.

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Speaker 4: Okay, hold on a second.

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Speaker 2: First of all, it's a horrible argument, okay, because all

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Speaker 2: you have then is any partisan state can keep at

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Speaker 2: any point in time a presidential candidate off the ballot

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Speaker 2: because they say so, okay, there's no process here. Trump

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Speaker 2: has not been adjudicated to have engaged in any crime,

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Speaker 2: never mind insurrection. But beyond that, for a second, you

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Speaker 2: look at this. They're conflating, and I think this is critical.

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Speaker 2: They're conflating the Trump efforts, which they've also tried to criminalize,

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Speaker 2: but put that aside. They're conflating the Trump efforts to

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Speaker 2: challenge via legal argument the election outcome and people on

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Speaker 2: their own volition gathering and then some portion of those

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Speaker 2: people it was, remember there were one hundred thousand people

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Speaker 2: gathered in DC and a few thousand of them went

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Speaker 2: to the Capitol and then even a smaller percentage of

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Speaker 2: that engage in actual criminal behavior. And they're acting like

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Speaker 2: those are the same thing. Effectively, Trump having his legal

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Speaker 2: team questioning different things and coming up with strategies, whether

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Speaker 2: you agree with the strategies or not, is not the

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Speaker 2: same thing as people breaking the law and attacking cops

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Speaker 2: on Capitol Hill?

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Speaker 4: Did Trump say attack cops? Did Trump say stop the

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Speaker 4: peaceful transfer of power?

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Speaker 5: No?

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Speaker 2: In fact, he's on video saying have your voices heard peacefully?

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Speaker 2: Now they can be upset that Trump didn't shut it

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Speaker 2: down sooner, we can be upset that this is a

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Speaker 2: political blunder that you know, we still have to deal

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Speaker 2: with years later. But nonetheless, they're conflating trump legal arguments

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Speaker 2: with criminal acts. And then the even bigger conflation is

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Speaker 2: the criminal acts of a riot amounting to an direction.

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Speaker 2: There are leaps here that simply are not in evidence.

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Speaker 1: I want to play a couple of more cuts as

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Speaker 1: we move through this hour, because I think this is

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Speaker 1: such a significant day and I think that's well said.

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Speaker 1: And the other thing I would I would ask people

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Speaker 1: to think about is Buck, what would the political process

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Speaker 1: look like today if jan six never happened. They probably

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Speaker 1: are still coming after Trump for calls that he made

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Speaker 1: surrounding Georgia and everything else. But I think the legacy

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Speaker 1: of January sixth for Democrats as a politically cogent message

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Speaker 1: is dying a little bit more every day.

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Speaker 4: And we'll talk about that as well.

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Speaker 1: And I think ultimately this question comes down to and

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Speaker 1: I think in the back of their minds that the

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Speaker 1: justices are going to be thinking about it. Do we

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Speaker 1: want one hundred and fifty million people to be able

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Speaker 1: to make a choice about whether or not they think

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Speaker 1: Trump is qualified to be president of the United States?

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Speaker 1: Or do we want nine jurors sitting on the Supreme

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Speaker 1: Court right now? And I would even extend it further, Buck,

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Speaker 1: or twelve members of a jury in Washington, d C.

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Speaker 1: I want as many people as possible weighing in as

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Speaker 1: opposed to his view, this is.

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Speaker 2: A fundamentally political question, and democrats subverting the political process

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Speaker 2: in the name of saving it are doing violence to

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Speaker 2: the constitution.

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Speaker 1: Well said, Look, I just I'm out in Las Vegas

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Speaker 1: right now. I landed right after our show. You guys heard,

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Speaker 1: I had to leave early, came out here running around.

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Speaker 1: Our great boss, Julie Talbot is out here running Premiere,

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Speaker 1: Welcome back in Clay Travis buck Sexton Show forty five himself.

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Speaker 1: President Trump is addressing the Supreme Court oral arguments right now.

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Speaker 1: Why let's join that in progress and let you hear

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Speaker 1: from him very much?

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Speaker 4: Did we literally join right as he finished.

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Speaker 8: You?

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Speaker 9: And having said that though.

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Speaker 4: Speak to them of legal and otherwise.

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Speaker 8: Leading up to today, and it was your voice by

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Speaker 8: miss Republican Leader.

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Speaker 9: All I got the yeah, I got the jo yes.

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Speaker 9: And he doesn't say that anymore.

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Speaker 10: So let me just tell you that I heard and

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Speaker 10: I watch, and the one thing I'll.

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Speaker 9: Say is they kept saying about what I said right

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Speaker 9: after the insurrection because I think it was an insurrection,

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Speaker 9: was my nancy was us this was an insurrection.

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Speaker 10: If it was an insurrection, which there were no guns,

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Speaker 10: that would know anything except for the fact that they

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Speaker 10: shot Ashley Bamman. Somebody from police force shot Ashley Badmint.

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Speaker 10: So unnecessary, so sad, so horrible. But there were no guns,

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Speaker 10: they would know anything. But if you take a look

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Speaker 10: at my words right after, you take a look at

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Speaker 10: my speech from the Rose Garden, which was very shortly after,

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Speaker 10: or you take a.

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Speaker 9: Look at my I'm only on truth now, but at

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Speaker 9: that time we were tweeting, and I was on Twitter.

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Speaker 10: If you take a look at those five or six tweets,

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Speaker 10: you'll see very beautiful, very heartwarming statements. Go home, the

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Speaker 10: police are doing their job, et cetera, et cetera, beautiful statements.

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Speaker 10: If you see my statement made in the Rose Guard

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Speaker 10: and I think you have to watch that because today

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Speaker 10: they said the words of Trumble. Now, if you take

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Speaker 10: a look at the words of democrats over the last

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Speaker 10: period of time, look at humor statement about the Supreme

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Speaker 10: Court on the steps of the Supreme courd.

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Speaker 9: He sounded like a.

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Speaker 10: Moboss Take a look at any of them.

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Speaker 9: Take a look at it.

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Speaker 10: We put together a tape of vicious, violent statements made

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Speaker 10: by Democrats.

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Speaker 9: Nobody brings that. Uh, take a look at.

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Speaker 10: Vaccine waters and the vicious statements that you made. I

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Speaker 10: didn't do that. I said peacefully and patriotically. The speech

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Speaker 10: was called peacefully and patriotically. It's pete peacefully and patriotically.

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Speaker 9: He said, I said, bad statement. It was the exact opposite.

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Speaker 10: So I think you should take a look at the

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Speaker 10: statements that I made before and after, and you'll see

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Speaker 10: a whole, a whole different dialogue.

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Speaker 9: You just mentioned the Chinese presidency.

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Speaker 8: You said that you were going to get post sixty

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Speaker 8: percent said give that new office.

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Speaker 10: Lest we want to bring business back to the US.

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Speaker 10: They're stealing our business. They're taking our business and levels

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Speaker 10: and nobody's ever seen before. By doing that, we bring

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Speaker 10: business back, manufacturing back to the United States.

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Speaker 9: Which I was doing.

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Speaker 10: I took in hundreds of billions of dollars from China.

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Speaker 10: No president had ever taken in ten cents, not ten cents.

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Speaker 10: I took in hundreds of billions of dollars, and jobs

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Speaker 10: were coming back. I was saving steel companies. Now they

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Speaker 10: are blowing it. When I see us steel being bought

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Speaker 10: by Japan. What a sad thing that is to me,

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Speaker 10: What a sad thing that is. So we want to

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Speaker 10: bring jobs back.

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Speaker 9: Very several things.

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Speaker 11: You see John Staff to the fale Perk as each

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Speaker 11: man effort.

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Speaker 9: I do have domin I very much do.

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Speaker 10: I think he's very he's a very good man, and

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Speaker 10: I have great confidence.

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Speaker 7: Celebate from your dominating in the Poleski.

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Speaker 9: Oh, I love that question, Thank you very much, you

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Speaker 9: just said it.

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Speaker 10: I don't know why she continues, but let her continue.

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Speaker 10: We have a big one coming up, as you know,

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Speaker 10: in South Carolina, and the polls are indicating that we're

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Speaker 10: we're through the roof on that one where we're leading

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Speaker 10: by I guess thirty five percent, thirty five points.

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Speaker 9: So I don't know.

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Speaker 10: I think she hurts herself, but I think she hurts

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Speaker 10: the party and in a way hurts the country.

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Speaker 9: But it seems to be dying. She did poorly in Iowa.

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Speaker 9: She did very poorly in Iowa.

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Speaker 10: Actually she came in third place Granda Santis Theater, although

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Speaker 10: you wouldn't know that if you listened to her speech.

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Speaker 9: She did Bourleyan bil Hampshire. She did bully no matter

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Speaker 9: where she went. I don't know how.

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Speaker 10: The results aren't in yet from the Virgin Islands, but

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Speaker 10: I know she's playing it very hard.

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Speaker 9: And in Nevada.

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Speaker 10: She she lost to no name, she had no name,

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Speaker 10: and she lost by I guess forty points.

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Speaker 9: So I don't know why.

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Speaker 10: She continues, but she's a you know, I don't really

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Speaker 10: care if she continues.

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Speaker 9: It's it's I think it's bad for the party. I

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Speaker 9: think it's actually bad for her.

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Speaker 11: Thank you.

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Speaker 10: Well, I can say presidential immunity, which we'll be talking

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Speaker 10: about because.

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Speaker 9: That would be upcoming. It's very very important for president.

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Speaker 10: If the president doesn't have immunity, he really doesn't have

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Speaker 10: a presidency. He can be told to do things that

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Speaker 10: he would never do. He can do really bad things

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Speaker 10: for our country. Presidential immunity is imperative. It's going to

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Speaker 10: be very very important, and I'd rather talk about that

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Speaker 10: next week. But there is nothing more important to a

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Speaker 10: presidency than immunity, because they have to be free to

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Speaker 10: make decisions without saying, oh, if I do this or

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Speaker 10: if I do that. As soon as I get out

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Speaker 10: of office, we're going.

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Speaker 9: To be indicted. We're going to have trouble, and the

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Speaker 9: other party will do that. I think we've seen that

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Speaker 9: they do that.

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Speaker 10: There's some very bad people, and you have an opposition party,

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Speaker 10: and they will do things that are very bad. If

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Speaker 10: you don't have immunity, black man, you can be as

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Speaker 10: a president.

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Speaker 9: They'll say, if you don't do this, this or this, we're.

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Speaker 10: Gonna indict you as soon as you leave office. You

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Speaker 10: cannot allow a president to be out there without immunity.

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Speaker 10: They don't have immunity, you don't have a presidency.

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00:23:17,600 --> 00:23:20,600
Speaker 9: You lose all. Excuse me, you lose all. You lose

444
00:23:20,680 --> 00:23:21,040
Speaker 9: all for.

445
00:23:21,119 --> 00:23:23,359
Speaker 1: Them, We're gonna have free by the way, we're gonna

446
00:23:23,320 --> 00:23:24,400
Speaker 1: go ahead and pull out of here.

447
00:23:24,840 --> 00:23:26,720
Speaker 4: We're gonna have the crew modestly.

448
00:23:26,880 --> 00:23:31,440
Speaker 1: A historic hearing that occurred today over whether Colorado and.

449
00:23:31,400 --> 00:23:33,879
Speaker 4: Maine can pull Donald Trump off of their ballot.

450
00:23:34,720 --> 00:23:38,520
Speaker 1: But if we're talking about Trump b Biden, which I

451
00:23:38,520 --> 00:23:40,040
Speaker 1: think we're gonna be talking about for like the next

452
00:23:40,119 --> 00:23:44,960
Speaker 1: nine months, Joe Biden couldn't do what you just heard

453
00:23:45,000 --> 00:23:48,240
Speaker 1: for the last six minutes. I don't think Joe Biden

454
00:23:48,320 --> 00:23:51,480
Speaker 1: can stand in front of the media, have everybody yelling

455
00:23:51,520 --> 00:23:54,600
Speaker 1: at him. Pick one person, not know what they're gonna

456
00:23:54,600 --> 00:23:58,840
Speaker 1: be asking, and respond directly to the question at hand.

457
00:23:59,080 --> 00:24:02,440
Speaker 1: He can't physically and mentally do that right now, Buck,

458
00:24:02,640 --> 00:24:05,160
Speaker 1: And it's it shouldn't be that. That shouldn't be something

459
00:24:05,200 --> 00:24:08,159
Speaker 1: that you're impressed by. Right every president of the United

460
00:24:08,200 --> 00:24:10,840
Speaker 1: States should be able to do what Trump is doing

461
00:24:10,920 --> 00:24:13,200
Speaker 1: right now, Maybe for the first time in any of

462
00:24:13,240 --> 00:24:15,159
Speaker 1: our lives, we have a president who can't do that.

463
00:24:15,240 --> 00:24:18,000
Speaker 2: Basically, I just I don't know if anybody who is

464
00:24:18,240 --> 00:24:22,399
Speaker 2: a persuadable is going to change their mind based I

465
00:24:22,400 --> 00:24:26,119
Speaker 2: think we've known that Biden is declining for a long time,

466
00:24:26,880 --> 00:24:28,119
Speaker 2: and they're going to hide him and they're going to

467
00:24:28,160 --> 00:24:29,879
Speaker 2: have to cover up from Trump just walked away, by

468
00:24:29,920 --> 00:24:32,280
Speaker 2: the way, So the press conference is over, or you know,

469
00:24:32,320 --> 00:24:34,960
Speaker 2: impromptu press conference if you will, like Q and A. H.

470
00:24:35,000 --> 00:24:35,280
Speaker 4: Clay.

471
00:24:35,320 --> 00:24:37,879
Speaker 2: But back to the Supreme Court arguments that happened here,

472
00:24:38,000 --> 00:24:42,760
Speaker 2: here's the thing. The State of Colorado's argument is is

473
00:24:42,760 --> 00:24:45,480
Speaker 2: is pretty much preposterous. And I think that all of

474
00:24:45,520 --> 00:24:49,199
Speaker 2: the justices know that at some level, you know, and

475
00:24:49,240 --> 00:24:52,080
Speaker 2: there there was some skepticism even by the most left

476
00:24:52,080 --> 00:24:54,479
Speaker 2: wing justices on the Court of the argument.

477
00:24:54,640 --> 00:24:55,600
Speaker 4: Here's the issue.

478
00:24:55,880 --> 00:24:58,720
Speaker 2: If they give a nine to oh, a nine to oh,

479
00:24:58,840 --> 00:25:04,320
Speaker 2: decision on this in advance of the Trump immunity case,

480
00:25:04,440 --> 00:25:08,320
Speaker 2: in advance of all of the four criminal prosecutions even

481
00:25:08,359 --> 00:25:11,639
Speaker 2: being able to go to the court. Right whether they

482
00:25:11,680 --> 00:25:13,639
Speaker 2: happen or not, none of them will have gone to court.

483
00:25:14,320 --> 00:25:18,600
Speaker 2: The Supreme Court is effectively handing Trump a look at this,

484
00:25:18,800 --> 00:25:22,840
Speaker 2: they're using law fair against me Exhibit A. I mean,

485
00:25:23,000 --> 00:25:25,199
Speaker 2: it couldn't be any more clear. So I think if

486
00:25:25,520 --> 00:25:28,040
Speaker 2: it's not a nine to zero decision on this Colorado issue,

487
00:25:28,040 --> 00:25:32,199
Speaker 2: it's really just a function of a handful of members

488
00:25:32,240 --> 00:25:35,959
Speaker 2: of the Court just refuse to give Trump that legal victory,

489
00:25:35,960 --> 00:25:38,359
Speaker 2: because that's really a political victory as well.

490
00:25:39,440 --> 00:25:40,720
Speaker 4: Yeah, I think that's well said.

491
00:25:40,800 --> 00:25:43,439
Speaker 1: Also, it feels a little bit like the Muller Report

492
00:25:43,480 --> 00:25:47,679
Speaker 1: to me in the context of leftists just keep getting

493
00:25:47,720 --> 00:25:48,360
Speaker 1: fired up.

494
00:25:48,840 --> 00:25:52,280
Speaker 4: They are Charlie Brown running up.

495
00:25:52,160 --> 00:25:56,280
Speaker 1: To just nail the football every time they think they

496
00:25:56,320 --> 00:25:59,240
Speaker 1: have got Trump, and they make all these arguments in

497
00:25:59,280 --> 00:26:02,080
Speaker 1: the New York Time editorial pages fired up, and they

498
00:26:02,119 --> 00:26:05,520
Speaker 1: get all their you know, legal scholars lined up behind it.

499
00:26:06,040 --> 00:26:08,199
Speaker 1: If they get a nine to oh, here it is

500
00:26:08,280 --> 00:26:11,320
Speaker 1: Lucy pulling the football. It's worse than the Mullerport. Remember

501
00:26:11,359 --> 00:26:14,479
Speaker 1: they all the T shirts they were selling like Robert

502
00:26:14,560 --> 00:26:17,639
Speaker 1: Muller is gonna finally put Trump in the where he

503
00:26:17,760 --> 00:26:22,960
Speaker 1: belongs to trust. Yes, and Muller we trust. And now

504
00:26:23,119 --> 00:26:25,600
Speaker 1: the Supreme Court, it's to your point if it's nine oh,

505
00:26:25,680 --> 00:26:28,240
Speaker 1: and it should be nine oh. I think we need

506
00:26:28,280 --> 00:26:29,320
Speaker 1: to talk about how.

507
00:26:29,119 --> 00:26:30,520
Speaker 4: Just messy all of this is.

508
00:26:31,240 --> 00:26:35,640
Speaker 1: I think that Democrats have gotten so gleeful in their

509
00:26:35,680 --> 00:26:39,560
Speaker 1: pursuit of Trump that they've got so many different legal

510
00:26:39,600 --> 00:26:43,080
Speaker 1: proceedings under waybuck that I think if you're an average

511
00:26:43,080 --> 00:26:45,800
Speaker 1: guy or gal out there and you are going about

512
00:26:45,800 --> 00:26:48,200
Speaker 1: your day and you're raising your kids or you're taking

513
00:26:48,240 --> 00:26:51,760
Speaker 1: your grandkids around, you can't even keep up. There's like

514
00:26:51,920 --> 00:26:55,479
Speaker 1: nine different legal proceedings going on right now. If they

515
00:26:55,560 --> 00:27:00,159
Speaker 1: had one case that everybody was focused on, yes there's

516
00:27:00,240 --> 00:27:02,720
Speaker 1: higher stakes because you have to win on that one.

517
00:27:03,040 --> 00:27:07,159
Speaker 1: But by throwing all of this scattershot style at the wall,

518
00:27:07,600 --> 00:27:10,280
Speaker 1: it feels like to me they've diluted all of the

519
00:27:10,320 --> 00:27:11,800
Speaker 1: individual attacks on Trump.

520
00:27:12,040 --> 00:27:13,280
Speaker 4: Well, because it's just a big mess.

521
00:27:13,520 --> 00:27:19,719
Speaker 2: How many legal challenges against Trump can the anti Trump

522
00:27:19,920 --> 00:27:27,679
Speaker 2: resistance lose before swing state voters, independence, reasonable people of

523
00:27:27,720 --> 00:27:32,600
Speaker 2: decent emotional stability just say this is a scam right, yes, irrespective,

524
00:27:32,680 --> 00:27:37,720
Speaker 2: you know you can't bring nine phony cases against me

525
00:27:38,200 --> 00:27:40,000
Speaker 2: and tell me, oh, but the tenth one is the

526
00:27:40,040 --> 00:27:43,920
Speaker 2: one that's really about justice, right, And that's where we are.

527
00:27:44,280 --> 00:27:47,880
Speaker 2: And I think that's that's really the Achilles heel of

528
00:27:47,920 --> 00:27:51,440
Speaker 2: this entire situation for the Democrats. But we'll see, we'll

529
00:27:51,440 --> 00:27:53,280
Speaker 2: continue to follow closely. We'll take some of your calls

530
00:27:53,280 --> 00:27:56,120
Speaker 2: on it. We got Julie Kelly on this busy day

531
00:27:56,119 --> 00:27:58,280
Speaker 2: here on Clay and Buck. Let's talk about the tunnel,

532
00:27:58,320 --> 00:28:01,040
Speaker 2: the Towers Foundation for a moment though, and the Let

533
00:28:01,119 --> 00:28:04,199
Speaker 2: Us Do Good Village in Lando Lakes, Florida. It's a

534
00:28:04,200 --> 00:28:06,359
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535
00:28:06,400 --> 00:28:10,439
Speaker 2: foundation's program recipients. Families are already living there and includes

536
00:28:10,480 --> 00:28:12,840
Speaker 2: a gold Star family and the families of two severely

537
00:28:12,840 --> 00:28:15,679
Speaker 2: injured veterans who live in new smart homes. The Let

538
00:28:15,760 --> 00:28:18,080
Speaker 2: Us Do Good Village is a special place where families

539
00:28:18,119 --> 00:28:20,439
Speaker 2: can heal. It's a community where the children of our

540
00:28:20,520 --> 00:28:23,520
Speaker 2: nation's fallen or severely injured heroes can grow up together

541
00:28:23,800 --> 00:28:26,600
Speaker 2: and support each other. It's all thanks to an extraordinary

542
00:28:26,640 --> 00:28:30,120
Speaker 2: donation of many acres of land and your generosity help

543
00:28:30,119 --> 00:28:33,600
Speaker 2: America's greatest heroes and their families heal together make the

544
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Speaker 2: let Us Do Good Village, the first of many communities

545
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Speaker 2: like it. With every mortgage free home, the Foundation makes

546
00:28:39,320 --> 00:28:41,840
Speaker 2: good on its promise to do good and never forget

547
00:28:41,960 --> 00:28:44,720
Speaker 2: nine to eleven or the sacrifices our heroes have made

548
00:28:44,800 --> 00:28:47,719
Speaker 2: for our country and our communities. Join us in donating

549
00:28:47,760 --> 00:28:49,840
Speaker 2: eleven dollars a month to tunnel the towers at T

550
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Speaker 2: two t dot org.

551
00:28:51,240 --> 00:28:53,760
Speaker 4: That's t the number two t dot org.

552
00:28:54,640 --> 00:28:57,960
Speaker 3: Subscribe to CNB twenty four to seven, and to never

553
00:28:58,040 --> 00:29:00,640
Speaker 3: miss a minute of Clay and Buck. Wow, get behind

554
00:29:00,680 --> 00:29:04,200
Speaker 3: the scene access to special content for members on land.

555
00:29:04,400 --> 00:29:06,280
Speaker 4: Second hour Clay and Buck kicks off.

556
00:29:06,400 --> 00:29:12,120
Speaker 2: Now we're diving deep into the Supreme Court arguments from

557
00:29:12,720 --> 00:29:16,160
Speaker 2: earlier this morning, where you had the State of Colorado

558
00:29:16,680 --> 00:29:20,240
Speaker 2: trying to explain to as even the New York Times

559
00:29:20,400 --> 00:29:25,800
Speaker 2: views it, a very skeptical Supreme Court, including some of

560
00:29:25,840 --> 00:29:31,640
Speaker 2: the questions, at least from the leftist justices there about

561
00:29:31,640 --> 00:29:35,440
Speaker 2: whether Donald Trump can be taken off the ballot in Colorado.

562
00:29:35,720 --> 00:29:39,000
Speaker 2: Remember there was a similar action that was sort of

563
00:29:39,080 --> 00:29:41,760
Speaker 2: tried in Maine, but actually the main Secretary of State,

564
00:29:41,800 --> 00:29:44,400
Speaker 2: if memory Serves said, well, I'm going to do this

565
00:29:44,480 --> 00:29:47,040
Speaker 2: thing by taking Trump off, but I'm going to stay

566
00:29:47,120 --> 00:29:49,480
Speaker 2: my own hand until we know what the court says.

567
00:29:49,840 --> 00:29:54,800
Speaker 2: You know, they're playing games. But in Colorado, I think

568
00:29:54,880 --> 00:29:59,040
Speaker 2: now the question is not will Trump be on the ballot?

569
00:29:59,040 --> 00:30:03,840
Speaker 2: The question is the a degree of humiliation that those

570
00:30:04,000 --> 00:30:08,000
Speaker 2: who push this forward as a legal argument are going

571
00:30:08,080 --> 00:30:10,440
Speaker 2: to suffer, Meaning is it going to be five to four,

572
00:30:11,200 --> 00:30:15,760
Speaker 2: seven to two, six, three, nine to oh? Some are

573
00:30:15,760 --> 00:30:19,080
Speaker 2: thinking it could even be nine oh. I think some

574
00:30:19,120 --> 00:30:23,440
Speaker 2: people are saying, I think that it is. Well, the

575
00:30:24,160 --> 00:30:26,120
Speaker 2: more you dig into some of the questions I think

576
00:30:26,160 --> 00:30:29,640
Speaker 2: on this one, Clay, the harder it is to imagine

577
00:30:30,000 --> 00:30:34,000
Speaker 2: for anything other than the purest politics a justice could

578
00:30:34,080 --> 00:30:37,080
Speaker 2: view this as anything other than an opportunity for a

579
00:30:37,160 --> 00:30:39,000
Speaker 2: nine to oh. But I do think the politics of

580
00:30:39,040 --> 00:30:43,000
Speaker 2: the furthest left members of the court could reign supreme

581
00:30:43,000 --> 00:30:44,720
Speaker 2: here and you could get like a seven to two situation.

582
00:30:45,160 --> 00:30:46,840
Speaker 2: Julie Kelly would be with us in the third hour.

583
00:30:46,960 --> 00:30:51,720
Speaker 2: She was there today and she tweeted this out. It

584
00:30:51,760 --> 00:30:54,560
Speaker 2: is clear that the Scotis decision will not even be close,

585
00:30:55,560 --> 00:30:58,040
Speaker 2: and it will represent a total humiliation to so many

586
00:30:58,120 --> 00:31:02,560
Speaker 2: legal experts and history in quotes who filed amicus brief

587
00:31:02,640 --> 00:31:07,280
Speaker 2: to defend Colorado's actions. That's true, Clay. There's a collateral

588
00:31:07,360 --> 00:31:12,320
Speaker 2: damage of credibility here. How could anyone think, in you know,

589
00:31:12,640 --> 00:31:14,800
Speaker 2: how can anyone approach this and believe that there was

590
00:31:14,840 --> 00:31:18,040
Speaker 2: an honest argument here that what they were doing was

591
00:31:18,160 --> 00:31:22,120
Speaker 2: one justified and legal, and two didn't set the most

592
00:31:22,880 --> 00:31:26,920
Speaker 2: awful precedent for presidential elections going forward.

593
00:31:28,040 --> 00:31:31,400
Speaker 1: I believe the Colorado Court, if I remember correctly, Buck

594
00:31:32,040 --> 00:31:33,240
Speaker 1: ruled for three.

595
00:31:33,800 --> 00:31:37,360
Speaker 4: Yes, the narrow, very narrow, and they have.

596
00:31:37,600 --> 00:31:42,120
Speaker 1: Seven Democrats on the Colorado Supreme Court is my is

597
00:31:42,160 --> 00:31:46,240
Speaker 1: my understanding. There is no Republican representative, and the crew

598
00:31:46,240 --> 00:31:48,520
Speaker 1: can look that up and confirm it's one hundred percent true.

599
00:31:49,080 --> 00:31:50,760
Speaker 4: But what I also remember.

600
00:31:50,560 --> 00:31:52,800
Speaker 1: And three two, But was it four four to three?

601
00:31:52,800 --> 00:31:54,360
Speaker 1: I think it was three two. I thought it was,

602
00:31:54,440 --> 00:31:57,440
Speaker 1: and it was by one. It was by one basically.

603
00:31:58,680 --> 00:32:02,920
Speaker 1: But what I also recall seeing is that the justices

604
00:32:02,960 --> 00:32:06,320
Speaker 1: that were in the majority in Colorado were all Ivy

605
00:32:06,360 --> 00:32:10,160
Speaker 1: League law school graduates. And the justices that refused to

606
00:32:10,320 --> 00:32:13,200
Speaker 1: sign on to the idea of taking Trump off the ballot,

607
00:32:14,200 --> 00:32:17,920
Speaker 1: we're all sort of state college graduates. And some people

608
00:32:17,920 --> 00:32:21,160
Speaker 1: out there may say, well, what is the implication of that?

609
00:32:22,680 --> 00:32:23,800
Speaker 4: I would argue.

610
00:32:23,560 --> 00:32:31,160
Speaker 1: That the elite law schools often have become such laboratories

611
00:32:31,280 --> 00:32:38,240
Speaker 1: for left wing outrageousness that sometimes they lose their understanding

612
00:32:38,280 --> 00:32:41,440
Speaker 1: and common sense. And this is this is the line

613
00:32:41,440 --> 00:32:44,360
Speaker 1: that I gave last week. I think buck, if I

614
00:32:44,400 --> 00:32:47,120
Speaker 1: were giving Trump advice with all this law fair that

615
00:32:47,240 --> 00:32:50,120
Speaker 1: is before the courts, now, I would just keep coming

616
00:32:50,160 --> 00:32:52,920
Speaker 1: back again and again to.

617
00:32:52,200 --> 00:32:53,520
Speaker 4: Let the people decide.

618
00:32:54,280 --> 00:32:58,120
Speaker 1: The very foundation of a democratic republic is that the

619
00:32:58,160 --> 00:33:01,560
Speaker 1: people get to decide if they are going to elect

620
00:33:01,720 --> 00:33:05,000
Speaker 1: a leader or not. And if you truly think that

621
00:33:05,040 --> 00:33:08,360
Speaker 1: you're trying to preserve democracy, the idea that you would

622
00:33:08,440 --> 00:33:10,640
Speaker 1: try to put it in the hands of nine Supreme

623
00:33:10,640 --> 00:33:13,280
Speaker 1: Court justices, or that you would put it in the

624
00:33:13,280 --> 00:33:16,200
Speaker 1: hands of twelve jurors in a Washington, DC or a

625
00:33:16,240 --> 00:33:18,920
Speaker 1: New York City courtroom, or a South Florida courtroom or

626
00:33:18,960 --> 00:33:22,720
Speaker 1: an Atlanta, Georgia courtroom is a direct attack. And it's

627
00:33:22,760 --> 00:33:26,440
Speaker 1: also twelve people are in my opinion, more likely to

628
00:33:26,480 --> 00:33:29,120
Speaker 1: get something wrong than one hundred and fifty million are.

629
00:33:29,200 --> 00:33:31,320
Speaker 1: I mean, we believe in the wisdom of crowds, let

630
00:33:31,360 --> 00:33:33,760
Speaker 1: people decide whether they believe Trump is qualified to be

631
00:33:33,800 --> 00:33:36,400
Speaker 1: president or not. That's the very essence of democracy itself.

632
00:33:36,640 --> 00:33:39,360
Speaker 1: We also believe in the madness of crowds. But yes

633
00:33:40,000 --> 00:33:43,040
Speaker 1: in the case of voting, Yes in the case of voting.

634
00:33:43,440 --> 00:33:46,920
Speaker 2: I see your point. I would add to this a

635
00:33:46,920 --> 00:33:50,600
Speaker 2: couple of things. One, it should fundamentally be a political question.

636
00:33:50,720 --> 00:33:52,520
Speaker 2: You and I see this exactly the same way. I

637
00:33:52,600 --> 00:33:55,600
Speaker 2: think any reasonable honest person sees it that way at

638
00:33:55,640 --> 00:33:58,840
Speaker 2: this point, because think about what's being argued here. Trump

639
00:33:58,880 --> 00:34:03,000
Speaker 2: is a danger to thee that they are terrified he

640
00:34:03,000 --> 00:34:07,600
Speaker 2: would he would be the duly elected president of again.

641
00:34:08,320 --> 00:34:13,040
Speaker 2: So there's clearly a wisdom and judgment disconnect here when

642
00:34:13,360 --> 00:34:17,440
Speaker 2: their biggest concern is that, you know, the process we

643
00:34:17,600 --> 00:34:22,160
Speaker 2: have would lawfully elect him again. And I think that's

644
00:34:22,200 --> 00:34:26,160
Speaker 2: why you get people like here David Axelrod, who say

645
00:34:26,160 --> 00:34:30,600
Speaker 2: what you will about him. He's a savvy political knife

646
00:34:30,640 --> 00:34:35,839
Speaker 2: fighter and was very much instrumental in Obama's rise. Axelrod

647
00:34:35,880 --> 00:34:39,040
Speaker 2: is saying, look, this effort to get Trump off the ballot,

648
00:34:39,040 --> 00:34:39,839
Speaker 2: this has cut three.

649
00:34:40,680 --> 00:34:43,879
Speaker 4: It's disruptive. That's an interesting way to put it. Play three.

650
00:34:44,080 --> 00:34:46,719
Speaker 8: I'm not here as an apologist for Donald Trump. And

651
00:34:46,760 --> 00:34:49,560
Speaker 8: I'm certainly not here as a lawyer, but I'm sure

652
00:34:50,000 --> 00:34:52,160
Speaker 8: that one of the things the Supreme Court has to

653
00:34:52,239 --> 00:34:55,279
Speaker 8: consider is what is the impact of a decision like that.

654
00:34:55,760 --> 00:34:57,640
Speaker 8: I'm trying to imagine what it would be like if

655
00:34:57,640 --> 00:35:02,560
Speaker 8: the Supreme Court said we're removing the front running Republican

656
00:35:02,719 --> 00:35:06,960
Speaker 8: candidate from the ballot and essentially saying the American people,

657
00:35:06,960 --> 00:35:09,480
Speaker 8: you won't have the opportunity to vote for him. And

658
00:35:09,560 --> 00:35:14,120
Speaker 8: I think it would be very, very disruptive in this country.

659
00:35:14,160 --> 00:35:17,880
Speaker 8: I think it will create a huge reaction.

660
00:35:18,000 --> 00:35:18,879
Speaker 4: And that worries me.

661
00:35:20,320 --> 00:35:25,439
Speaker 2: Is that is the astute observation of the opposition here

662
00:35:25,520 --> 00:35:25,920
Speaker 2: in all this.

663
00:35:26,120 --> 00:35:26,960
Speaker 4: He hates Trump.

664
00:35:27,040 --> 00:35:29,840
Speaker 2: I'm sure he thinks Trump is terrible for the country, YadA, YadA,

665
00:35:29,920 --> 00:35:33,760
Speaker 2: all of that, but he recognizes clear this is fundamentally absurd.

666
00:35:34,480 --> 00:35:36,440
Speaker 2: I mean, the notion that you're going to kick this

667
00:35:36,520 --> 00:35:38,759
Speaker 2: guy off the ballot because the state of Colorado is

668
00:35:38,840 --> 00:35:40,720
Speaker 2: run by Libs and they don't want him to run,

669
00:35:41,120 --> 00:35:45,120
Speaker 2: it's crazy. I Mean, the view of this from Normalville

670
00:35:45,200 --> 00:35:47,240
Speaker 2: is when did the other side lose their minds?

671
00:35:48,280 --> 00:35:48,560
Speaker 4: Yeah?

672
00:35:48,600 --> 00:35:53,120
Speaker 1: And this is why I hope that the three liberals

673
00:35:53,360 --> 00:35:57,479
Speaker 1: on the court are going to look past Trump, look

674
00:35:57,560 --> 00:36:01,320
Speaker 1: past Trump into the decades in to potentially the hundreds

675
00:36:01,360 --> 00:36:04,239
Speaker 1: of years to come, and ask the question, Trump's going

676
00:36:04,280 --> 00:36:04,640
Speaker 1: to move on?

677
00:36:04,960 --> 00:36:05,160
Speaker 4: Right?

678
00:36:05,320 --> 00:36:08,680
Speaker 1: Every president is at some point in time going to

679
00:36:08,760 --> 00:36:11,760
Speaker 1: be left behind to history to be judged.

680
00:36:12,520 --> 00:36:15,680
Speaker 4: And so are these opinions. And if you've been the

681
00:36:15,840 --> 00:36:17,360
Speaker 4: law to go.

682
00:36:17,320 --> 00:36:21,080
Speaker 1: After Trump, you are setting an awful precedent going forward.

683
00:36:21,120 --> 00:36:25,080
Speaker 1: There's a great legal aphorism buck tough cases make bad law.

684
00:36:25,719 --> 00:36:29,600
Speaker 1: Trump is, for the left a tough case because they

685
00:36:29,600 --> 00:36:32,480
Speaker 1: have bought into the idea that he is a unique

686
00:36:32,520 --> 00:36:35,000
Speaker 1: threat in a way that a Republican in our life

687
00:36:35,040 --> 00:36:37,279
Speaker 1: has never been and a Democrat in our life has

688
00:36:37,320 --> 00:36:37,759
Speaker 1: never been.

689
00:36:37,880 --> 00:36:39,560
Speaker 4: That's what he's been branded as.

690
00:36:39,880 --> 00:36:43,920
Speaker 1: And so I hope that they are willing Katanji Brown, Jackson,

691
00:36:44,440 --> 00:36:48,440
Speaker 1: Elena Kagan, and Sonya Sautamayor, I hope they're willing to

692
00:36:48,480 --> 00:36:50,439
Speaker 1: look at this and say, look, Trump will be gone

693
00:36:50,440 --> 00:36:52,759
Speaker 1: in twenty twenty eight if he wins the election, he's

694
00:36:52,800 --> 00:36:56,040
Speaker 1: term limited out, he's gone. Whatever precedent we put in

695
00:36:56,080 --> 00:36:59,520
Speaker 1: place here is going to outlive all of us, and

696
00:36:59,600 --> 00:37:02,200
Speaker 1: so we don't know what the future is going to hold,

697
00:37:02,640 --> 00:37:05,279
Speaker 1: but trying to get Trump off here. This could come

698
00:37:05,280 --> 00:37:06,680
Speaker 1: back and bite you and let me hit you at

699
00:37:06,680 --> 00:37:11,400
Speaker 1: this buck. We know things went poorly for the idea.

700
00:37:11,080 --> 00:37:13,280
Speaker 4: Of keeping Trump off the ballot.

701
00:37:13,640 --> 00:37:16,640
Speaker 1: When the headline right now at the New York Times

702
00:37:16,680 --> 00:37:17,960
Speaker 1: is this, you'll appreciate this.

703
00:37:18,960 --> 00:37:19,960
Speaker 4: Here's the headline.

704
00:37:20,320 --> 00:37:25,040
Speaker 1: Justices appear skeptical of arguments to kick Trump off state ballots.

705
00:37:25,080 --> 00:37:30,120
Speaker 1: I would say that's accurate opening sentence from the article book.

706
00:37:30,520 --> 00:37:35,799
Speaker 1: The Supreme Court seemed poised to issue a lopsided decision

707
00:37:36,320 --> 00:37:40,720
Speaker 1: rejecting a challenge to Donald Trump's eligibility to hold office. Again,

708
00:37:40,960 --> 00:37:43,040
Speaker 1: when the Supreme Court has that as the lead, that

709
00:37:43,160 --> 00:37:44,120
Speaker 1: was an ass kicking buck.

710
00:37:44,480 --> 00:37:44,680
Speaker 4: Yeah.

711
00:37:44,760 --> 00:37:46,600
Speaker 2: When the New York Times is writing that, you know

712
00:37:46,719 --> 00:37:50,640
Speaker 2: that there's obviously something that they're preparing the audience for here.

713
00:37:51,040 --> 00:37:52,759
Speaker 2: And there's a lot of that going on right that.

714
00:37:52,840 --> 00:37:59,040
Speaker 2: There were so many brief Emmicky whatever that went along

715
00:37:59,160 --> 00:38:01,720
Speaker 2: with this. And these are all people that are supposed

716
00:38:01,760 --> 00:38:03,839
Speaker 2: to be so esteemed the legal profession. If they're if

717
00:38:03,840 --> 00:38:06,839
Speaker 2: you're running an amicus brief for a nine, we don't

718
00:38:06,840 --> 00:38:08,399
Speaker 2: know if it's gonna be nine. Oh, I still think

719
00:38:08,440 --> 00:38:10,359
Speaker 2: it's probably gonna be seven to two. But I could

720
00:38:10,400 --> 00:38:14,160
Speaker 2: be wrong. If it's a nine to oh decision from

721
00:38:14,200 --> 00:38:16,960
Speaker 2: the court, it looks like you have no idea what

722
00:38:17,040 --> 00:38:19,400
Speaker 2: constitutional law really is, because to get all nine of

723
00:38:19,440 --> 00:38:22,279
Speaker 2: them on the same page and agree on something, there's

724
00:38:22,320 --> 00:38:23,440
Speaker 2: really no wiggle room there.

725
00:38:23,520 --> 00:38:23,680
Speaker 4: Right.

726
00:38:23,680 --> 00:38:25,840
Speaker 2: It's because then it's outside the realm of politics. It

727
00:38:25,880 --> 00:38:28,799
Speaker 2: has to be just the most obvious and blatant uh

728
00:38:28,960 --> 00:38:33,640
Speaker 2: legal interpretation possible constitutional interpretation. And I think that I

729
00:38:33,719 --> 00:38:35,799
Speaker 2: told our team at the top, I said, guys, I

730
00:38:35,840 --> 00:38:39,520
Speaker 2: know we've got, you know, the the actualities from the hearing,

731
00:38:40,239 --> 00:38:41,840
Speaker 2: and we've got smart legal people who are gonna be

732
00:38:41,880 --> 00:38:43,600
Speaker 2: weighing in. We got Julie Kelly who was there. She'll

733
00:38:43,640 --> 00:38:45,840
Speaker 2: be talking to us the next hour. Let's go over

734
00:38:45,880 --> 00:38:49,839
Speaker 2: to MSNBC. It's just a version of what you're talking about, Clay,

735
00:38:49,840 --> 00:38:51,640
Speaker 2: which is what The New York Times is doing, where

736
00:38:51,680 --> 00:38:53,480
Speaker 2: they have to they have to do this thing where

737
00:38:53,480 --> 00:38:56,080
Speaker 2: they tell it's like they're it's like they're an employee

738
00:38:56,080 --> 00:38:58,280
Speaker 2: who's scared to tell the boss about the bad numbers

739
00:38:58,280 --> 00:39:01,560
Speaker 2: for the quarter. You know, the anchors at MSNBC have

740
00:39:01,640 --> 00:39:04,279
Speaker 2: to tell their audience. Now, hey, guys, you know how

741
00:39:04,320 --> 00:39:07,200
Speaker 2: that whole Colorado thing we said was awesome and like

742
00:39:07,280 --> 00:39:10,920
Speaker 2: totally gonna stop Trump. Yeah, it's kind of falling apart

743
00:39:11,000 --> 00:39:12,640
Speaker 2: right now, just to let you know, we're not sure

744
00:39:12,640 --> 00:39:15,359
Speaker 2: how bad, but it's pretty bad, because what else are

745
00:39:15,400 --> 00:39:18,319
Speaker 2: they gonna do. I mean, they've been promising this, and

746
00:39:19,239 --> 00:39:22,400
Speaker 2: this is why it ties directly into the Joe Biden

747
00:39:22,480 --> 00:39:24,839
Speaker 2: situation and why I believe you know their plan has

748
00:39:24,880 --> 00:39:27,440
Speaker 2: actually been to have him as the nominee because Clay,

749
00:39:27,800 --> 00:39:29,720
Speaker 2: if the entire focus is going to be on Trump

750
00:39:29,719 --> 00:39:34,200
Speaker 2: and the lawfair against Trump, then the incumbent as milk toast,

751
00:39:34,280 --> 00:39:38,680
Speaker 2: boring and inconsequential as he can seem, that's what they

752
00:39:38,680 --> 00:39:41,200
Speaker 2: want to go for. But if you start to have

753
00:39:41,239 --> 00:39:43,959
Speaker 2: the law fair unravel, then you do have a real

754
00:39:44,000 --> 00:39:45,920
Speaker 2: problem here, right, because then all of a sudden, the

755
00:39:45,960 --> 00:39:48,880
Speaker 2: guy who's you know, the the so they would say

756
00:39:48,920 --> 00:39:50,799
Speaker 2: in the military, the gray man, so to speak, like

757
00:39:50,800 --> 00:39:53,080
Speaker 2: the guy who you don't really see, you don't really

758
00:39:53,080 --> 00:39:55,480
Speaker 2: pay attention to. That's not who you want as your

759
00:39:55,480 --> 00:39:57,520
Speaker 2: presidential nominee going up against Trump.

760
00:39:58,400 --> 00:40:00,680
Speaker 1: I'm just picturing what Trump would be like if the

761
00:40:00,719 --> 00:40:03,560
Speaker 1: Supreme Court rules nine to oho in his favor.

762
00:40:04,160 --> 00:40:04,640
Speaker 4: I mean, can you.

763
00:40:04,640 --> 00:40:07,400
Speaker 1: Imagine the press conference that he's going to immediately have,

764
00:40:08,040 --> 00:40:10,280
Speaker 1: and the way that he's going to describe the Supreme

765
00:40:10,320 --> 00:40:11,960
Speaker 1: Court opinion and the victory.

766
00:40:12,200 --> 00:40:14,720
Speaker 2: If it's nine oh, he'll be talking about beautiful soda

767
00:40:14,760 --> 00:40:18,600
Speaker 2: my or decisions. That's fantastic from Katanji Brown Jackson.

768
00:40:20,120 --> 00:40:24,600
Speaker 1: I mean, he that's the one thing for a political purpose.

769
00:40:25,120 --> 00:40:28,680
Speaker 1: I wonder whether Katanji Brown Jackson and Sonya Sodamior and

770
00:40:28,719 --> 00:40:31,719
Speaker 1: to a lesser extent, Olena Kagan are willing to let

771
00:40:31,760 --> 00:40:33,160
Speaker 1: Trump have the victory lap.

772
00:40:33,239 --> 00:40:35,880
Speaker 4: But remember Colorado created this.

773
00:40:37,440 --> 00:40:43,520
Speaker 1: Colorado gave potentially Trump the opportunity to rise up maybe

774
00:40:43,520 --> 00:40:45,120
Speaker 1: get a nine to oh decision. I think at a

775
00:40:45,120 --> 00:40:47,320
Speaker 1: minimum it's probably going to be at least seven too,

776
00:40:48,080 --> 00:40:53,200
Speaker 1: and get a really substantial victory. That also allows him

777
00:40:53,239 --> 00:40:56,560
Speaker 1: to say that they are trying to rig the game

778
00:40:56,760 --> 00:41:00,000
Speaker 1: against him. And if the Supreme Court didn't step in

779
00:41:01,000 --> 00:41:04,000
Speaker 1: and make this decision, then a lot of other states

780
00:41:04,040 --> 00:41:06,520
Speaker 1: would follow Colorado's lead. That's the scary thing to me.

781
00:41:06,600 --> 00:41:08,919
Speaker 1: Buck If the Supreme Court came out and said even

782
00:41:08,920 --> 00:41:11,239
Speaker 1: if it was five four, hey, we think Trump can

783
00:41:11,280 --> 00:41:14,360
Speaker 1: be pulled off the ballot, twenty other states would immediately

784
00:41:14,360 --> 00:41:17,520
Speaker 1: follow Colorado's lead. I mean, you're talking about Trump not

785
00:41:17,640 --> 00:41:20,120
Speaker 1: appearing on the ballot in half the country, which we

786
00:41:20,200 --> 00:41:22,920
Speaker 1: haven't seen since going all the way back to eighteen

787
00:41:23,040 --> 00:41:25,200
Speaker 1: sixty when Abraham Lincoln got elected.

788
00:41:25,360 --> 00:41:29,800
Speaker 2: This reminds me of one of those great quotes that's

789
00:41:29,840 --> 00:41:32,600
Speaker 2: attributed to various people, but we use it anyway because

790
00:41:32,600 --> 00:41:34,719
Speaker 2: who cares where it came from. It's great, It's worse

791
00:41:34,760 --> 00:41:36,920
Speaker 2: than a crime. It's a blunder. Some people say Tali Ran,

792
00:41:37,040 --> 00:41:40,799
Speaker 2: some people say other French guy. This looks like for

793
00:41:40,840 --> 00:41:43,200
Speaker 2: the Democrats, worse than a crime. It's a blunder, meaning

794
00:41:43,760 --> 00:41:46,240
Speaker 2: not only are is what they do, is what they're

795
00:41:46,280 --> 00:41:49,759
Speaker 2: doing underhanded and wrong. In Colorado, it looks like it's

796
00:41:49,800 --> 00:41:50,720
Speaker 2: blowing up in their face.

797
00:41:52,120 --> 00:41:56,359
Speaker 1: Yes, yes, and again if you think Trump, I don't

798
00:41:56,400 --> 00:41:58,160
Speaker 1: know how quickly this opinion is going to come out,

799
00:41:58,160 --> 00:42:01,160
Speaker 1: but I would say, what, however the opinion is here,

800
00:42:01,200 --> 00:42:02,680
Speaker 1: we need to have a little bit of a conversation.

801
00:42:03,000 --> 00:42:05,760
Speaker 1: They're probably going to be at least two more Supreme

802
00:42:05,800 --> 00:42:09,440
Speaker 1: Court opinions directly relating to Trump and the twenty twenty

803
00:42:09,440 --> 00:42:12,120
Speaker 1: four election. And so even if this one's nine to zero,

804
00:42:12,800 --> 00:42:14,360
Speaker 1: I would say you got to watch out for the

805
00:42:14,400 --> 00:42:16,960
Speaker 1: presidential immunity argument, which I don't think is likely to

806
00:42:17,000 --> 00:42:19,359
Speaker 1: go as well for Trump, although we will see. And

807
00:42:19,400 --> 00:42:23,080
Speaker 1: then also the half of the charges that Jack Smith

808
00:42:23,080 --> 00:42:27,759
Speaker 1: has brought under the jan six related charges, they may

809
00:42:27,800 --> 00:42:29,680
Speaker 1: well get tossed out. In fact, I think they are,

810
00:42:30,000 --> 00:42:32,040
Speaker 1: and we'll talk with Julie Kelly about all of that.

811
00:42:32,200 --> 00:42:35,120
Speaker 1: But to have three different cases that we know of,

812
00:42:35,719 --> 00:42:38,279
Speaker 1: and there may well be more that the Supreme Court

813
00:42:38,320 --> 00:42:40,400
Speaker 1: is going to end up hearing. Remember Trump, I believe

814
00:42:40,480 --> 00:42:44,960
Speaker 1: Buck has to decide Monday to appeal to the United

815
00:42:45,000 --> 00:42:47,760
Speaker 1: States Supreme Court. The decision that came out this week

816
00:42:47,960 --> 00:42:51,919
Speaker 1: from the DC Court of Appeals, and all of this

817
00:42:52,040 --> 00:42:56,680
Speaker 1: is just I mean, it is just truly a series

818
00:42:56,760 --> 00:43:01,480
Speaker 1: of unprecedented and somewhat chaotic aspects of what is going

819
00:43:01,560 --> 00:43:03,920
Speaker 1: to be the wildest election maybe of any of our lives.

820
00:43:03,960 --> 00:43:06,560
Speaker 2: And this is why Nicky Haley is doing SNL, by

821
00:43:06,600 --> 00:43:10,919
Speaker 2: the way, because the Republican primary feels like a side

822
00:43:10,960 --> 00:43:14,239
Speaker 2: show to the main event, which is this stuff that

823
00:43:14,239 --> 00:43:17,160
Speaker 2: they're doing against Trump and what it means for not

824
00:43:17,200 --> 00:43:19,640
Speaker 2: just this election cycle, but for the future of the Republic.

825
00:43:19,680 --> 00:43:24,080
Speaker 2: As we've been discussing speaking of shows. Apparently there's a

826
00:43:24,120 --> 00:43:27,640
Speaker 2: big one. I'm told there is a large football game

827
00:43:28,120 --> 00:43:32,160
Speaker 2: that will be played this Sunday, the football players with

828
00:43:32,280 --> 00:43:34,839
Speaker 2: many people watching them. Look, guys, I'm excited. I know

829
00:43:34,920 --> 00:43:37,360
Speaker 2: we got the big game coming up Sunday. I'm just kidding.

830
00:43:37,760 --> 00:43:40,239
Speaker 2: And there's no better way to turn ten dollars into

831
00:43:40,280 --> 00:43:42,719
Speaker 2: two hundred and fifty dollars than making your picks on

832
00:43:42,800 --> 00:43:45,200
Speaker 2: prize picks. I'm doing it, Clay's doing it. So many

833
00:43:45,239 --> 00:43:48,600
Speaker 2: of you in the audience are already enjoying the fun

834
00:43:48,680 --> 00:43:51,480
Speaker 2: of using the prize Picks app. So like two or

835
00:43:51,480 --> 00:43:54,480
Speaker 2: more players and then pick more or less on their

836
00:43:54,520 --> 00:43:57,239
Speaker 2: projection on a wide variety of staff placer entry. It's

837
00:43:57,280 --> 00:43:59,759
Speaker 2: that easy, a great time to do it right now

838
00:44:00,000 --> 00:44:02,080
Speaker 2: and in advance of the big game. This way, when

839
00:44:02,120 --> 00:44:04,480
Speaker 2: you're watching it with family members, you can say, oh,

840
00:44:04,560 --> 00:44:06,480
Speaker 2: you know, I'm gonna be up this money, or maybe

841
00:44:06,480 --> 00:44:08,680
Speaker 2: you're gonna be down some money or whatever. It's still fun,

842
00:44:08,760 --> 00:44:11,319
Speaker 2: doesn't matter. The point is you want to get your

843
00:44:11,320 --> 00:44:14,279
Speaker 2: picks in and use the prize picks app. Clay, Are

844
00:44:14,360 --> 00:44:16,080
Speaker 2: we waiting to get your picks or are you giving

845
00:44:16,120 --> 00:44:18,640
Speaker 2: them to a start getting my picks? No, I'm going

846
00:44:18,719 --> 00:44:21,840
Speaker 2: to give them the final segment of the show today.

847
00:44:21,920 --> 00:44:26,480
Speaker 2: I'll echo them again tomorrow. The picks, the wins, all

848
00:44:26,719 --> 00:44:29,920
Speaker 2: of the success coming to all of you. It's going

849
00:44:30,000 --> 00:44:34,160
Speaker 2: to be as consequential as the Supreme Court hearing earlier today.

850
00:44:34,520 --> 00:44:37,160
Speaker 2: Big win coming, last segment of the show.

851
00:44:37,480 --> 00:44:39,200
Speaker 4: All right, last segment of the show. You'll get them.

852
00:44:39,200 --> 00:44:41,080
Speaker 2: But just remember you're either going to win money by

853
00:44:41,080 --> 00:44:43,759
Speaker 2: going with Clay, or we're all going to be throwing

854
00:44:43,800 --> 00:44:46,239
Speaker 2: rotten tomatoes at him if we lose money. So it's

855
00:44:46,320 --> 00:44:50,279
Speaker 2: win win, folks. Prize Picks app. Download the Prize Picks app.

856
00:44:50,280 --> 00:44:52,680
Speaker 2: They'll match your first deposit up to one hundred dollars.

857
00:44:52,920 --> 00:44:54,719
Speaker 2: Come on then advance of the big game. You want

858
00:44:54,719 --> 00:44:56,120
Speaker 2: to get in on this Play's gonna give you his

859
00:44:56,120 --> 00:44:59,000
Speaker 2: picks later. Download that Prize Picks app.

860
00:44:59,280 --> 00:45:04,440
Speaker 3: Today, Clay Travis and Buck Sexton on the front lines

861
00:45:04,640 --> 00:45:05,320
Speaker 3: of Truth.

862
00:45:06,000 --> 00:45:09,399
Speaker 1: Welcome back in Clay Travis Buck Sexton Show, Thursday edition

863
00:45:09,440 --> 00:45:12,080
Speaker 1: of the program. Appreciate all of you hanging out with us.

864
00:45:12,200 --> 00:45:14,840
Speaker 1: I am out in Las Vegas. Buck is in Miami.

865
00:45:15,680 --> 00:45:18,359
Speaker 1: We're getting ready for We're getting ready for the super Bowl.

866
00:45:18,480 --> 00:45:20,560
Speaker 1: Give you some fun picks here at the end. But

867
00:45:20,640 --> 00:45:23,880
Speaker 1: it is an historic day in Washington, DC, which is

868
00:45:23,880 --> 00:45:27,520
Speaker 1: where Julie Kelly is. She was there for the Supreme

869
00:45:27,560 --> 00:45:30,200
Speaker 1: Court arguments about whether or not Trump could be removed

870
00:45:30,200 --> 00:45:33,640
Speaker 1: from the ballot in Colorado specifically, but also Maine then

871
00:45:33,680 --> 00:45:37,279
Speaker 1: tried to follow in the wake of Colorado. It was

872
00:45:37,320 --> 00:45:40,480
Speaker 1: a beatdown of epic proportions for those of you who

873
00:45:40,600 --> 00:45:43,880
Speaker 1: listen to that argument or have heard some of the

874
00:45:43,920 --> 00:45:47,279
Speaker 1: clips that we have played. So I'll start right here

875
00:45:47,320 --> 00:45:50,120
Speaker 1: off the top. Julie, you were there, you watched it.

876
00:45:50,719 --> 00:45:54,799
Speaker 1: If you had to predict what the Supreme Court is

877
00:45:54,880 --> 00:45:57,520
Speaker 1: going to do here, what are the votes going to

878
00:45:57,600 --> 00:46:01,319
Speaker 1: be in this particular case, having heard how it went,

879
00:46:01,600 --> 00:46:02,480
Speaker 1: what would you predict?

880
00:46:03,520 --> 00:46:06,279
Speaker 12: I mean, I think anywhere from seven to two to

881
00:46:06,719 --> 00:46:10,040
Speaker 12: a nine zero decision. And you can even see the

882
00:46:10,080 --> 00:46:13,440
Speaker 12: long faces on MSNBC and CNN and look at the

883
00:46:13,440 --> 00:46:16,759
Speaker 12: post by Andrew Weissman and others, and they seem to

884
00:46:16,800 --> 00:46:22,200
Speaker 12: concede that this was a huge defeat for Colorado and

885
00:46:21,719 --> 00:46:25,280
Speaker 12: their team, their defendants and the Secretary of State there

886
00:46:25,840 --> 00:46:29,960
Speaker 12: because they were really obliterated by all of the justices,

887
00:46:31,000 --> 00:46:34,120
Speaker 12: some more than others. But I think that it's pretty

888
00:46:34,160 --> 00:46:34,840
Speaker 12: common knowledge.

889
00:46:34,840 --> 00:46:34,960
Speaker 5: Now.

890
00:46:34,960 --> 00:46:39,840
Speaker 12: Our expectation is that the Supreme Court will reverse the

891
00:46:39,880 --> 00:46:42,680
Speaker 12: Colorado Supreme Court. Again, it was only a four to

892
00:46:42,760 --> 00:46:45,799
Speaker 12: three decision of all Democratic appointed judges, by the way,

893
00:46:46,520 --> 00:46:52,080
Speaker 12: So this section three fourteenth Amendment controversy, or that lead

894
00:46:52,160 --> 00:46:54,400
Speaker 12: US attempt to remove Trump and others from the ballot

895
00:46:55,080 --> 00:46:58,319
Speaker 12: should should be a done deal in terms of not

896
00:46:58,600 --> 00:47:01,520
Speaker 12: being applicable certainly to Donald Trump.

897
00:47:02,280 --> 00:47:06,120
Speaker 2: Julie, the arguments as you were hearing them, I mean,

898
00:47:06,320 --> 00:47:10,399
Speaker 2: one thing that has already come off. They seem very

899
00:47:10,440 --> 00:47:14,640
Speaker 2: sensitive over at MSNBC about whether this could be viewed

900
00:47:14,640 --> 00:47:18,080
Speaker 2: in any way as a challenge to the notion of

901
00:47:18,280 --> 00:47:20,799
Speaker 2: an insurrection in the first place. What do you make

902
00:47:20,800 --> 00:47:21,000
Speaker 2: of that?

903
00:47:22,000 --> 00:47:23,040
Speaker 4: Well, there was.

904
00:47:22,960 --> 00:47:26,399
Speaker 12: Some pushback, not as much, of course, as I would

905
00:47:26,440 --> 00:47:29,960
Speaker 12: have liked to hear the justices pushback on the idea

906
00:47:30,160 --> 00:47:33,560
Speaker 12: that this was indeed an insurrection, But there was doubt

907
00:47:33,600 --> 00:47:38,719
Speaker 12: expressed as to the process and what the Colorado Attorney

908
00:47:39,320 --> 00:47:42,520
Speaker 12: Murray had to concede, you know, And he was very

909
00:47:42,560 --> 00:47:44,839
Speaker 12: confident in his argument, of course, but he said, look,

910
00:47:44,840 --> 00:47:47,600
Speaker 12: this was a five day trial. Donald Trump had the

911
00:47:47,640 --> 00:47:51,680
Speaker 12: opportunity to come and testify. He didn't. It really didn't

912
00:47:51,719 --> 00:47:55,040
Speaker 12: defend himself. Well, no one was really taking that trial seriously.

913
00:47:55,120 --> 00:47:58,000
Speaker 12: I mean, when you have Eric Swallow as your star

914
00:47:58,120 --> 00:48:01,600
Speaker 12: witness right then and there to lose credibility, So you

915
00:48:01,640 --> 00:48:06,640
Speaker 12: did hear Justices, especially Amy Coney Barrett, expressed concern over

916
00:48:07,080 --> 00:48:11,880
Speaker 12: Trump's due process rights being violated, and this you know

917
00:48:11,960 --> 00:48:15,920
Speaker 12: this judge. Remember that the district judge did say too

918
00:48:16,719 --> 00:48:19,920
Speaker 12: that yes, she believed that Trump was involved in an insurrection,

919
00:48:20,000 --> 00:48:23,600
Speaker 12: but she didn't believe that Section three fourteenth that mentment applied.

920
00:48:24,480 --> 00:48:27,080
Speaker 12: But what the justice is pushed back on is well,

921
00:48:27,120 --> 00:48:31,719
Speaker 12: what was the evidence? And at one point the attorney

922
00:48:31,800 --> 00:48:37,120
Speaker 12: for Colorado said to Justice Alito, I believe we'll just

923
00:48:37,160 --> 00:48:39,160
Speaker 12: go look at the record, because he said, well, what

924
00:48:39,200 --> 00:48:41,239
Speaker 12: proof do you have of an insurrection? He said, well,

925
00:48:41,239 --> 00:48:43,640
Speaker 12: go look at the record? And Alito said what record?

926
00:48:44,280 --> 00:48:46,080
Speaker 12: Because of course they just want you to look at

927
00:48:46,080 --> 00:48:48,839
Speaker 12: the January sixth Committee report and the videos that they

928
00:48:48,880 --> 00:48:51,160
Speaker 12: produced and think that that was enough. So there was

929
00:48:51,200 --> 00:48:53,439
Speaker 12: a little pushback, not as much as I would have liked,

930
00:48:53,719 --> 00:48:57,000
Speaker 12: but this certainly will do some damage to the narrative

931
00:48:57,040 --> 00:49:00,680
Speaker 12: that Trump insurrection inside of this insurrection six.

932
00:49:01,640 --> 00:49:04,120
Speaker 1: Okay, we think Julie and this I know for a

933
00:49:04,160 --> 00:49:06,080
Speaker 1: lot of people out there, it's hard to keep track

934
00:49:06,120 --> 00:49:07,680
Speaker 1: on all this, and thank you for all the work

935
00:49:07,719 --> 00:49:11,080
Speaker 1: you're doing keeping track on these cases. We think there

936
00:49:11,200 --> 00:49:15,400
Speaker 1: are going to be three cases before the Supreme Court,

937
00:49:15,600 --> 00:49:19,479
Speaker 1: probably relating to Trump in twenty twenty four, This one

938
00:49:19,800 --> 00:49:22,200
Speaker 1: which I agree with you and I think Buck would

939
00:49:22,200 --> 00:49:25,840
Speaker 1: degree as well, at worse seven to two. At best

940
00:49:25,880 --> 00:49:27,480
Speaker 1: it would be nine to ozho and I really do

941
00:49:27,560 --> 00:49:30,040
Speaker 1: hope they get to nine to Oh. We've got the

942
00:49:30,080 --> 00:49:33,480
Speaker 1: obstruction case, which I'm going to ask you to explain

943
00:49:33,520 --> 00:49:36,880
Speaker 1: to people out there as well. And then Trump probably

944
00:49:36,920 --> 00:49:41,000
Speaker 1: on Monday, is going to appeal his presidential powers argument

945
00:49:41,040 --> 00:49:42,319
Speaker 1: to the Supreme Court too.

946
00:49:43,680 --> 00:49:45,560
Speaker 4: What do you expect The next one.

947
00:49:45,400 --> 00:49:48,640
Speaker 1: Up that we know for sure is the obstruction case

948
00:49:48,680 --> 00:49:50,759
Speaker 1: to see whether or not two of the charges that

949
00:49:51,320 --> 00:49:55,120
Speaker 1: Jack Smith brought against Trump are going to be able

950
00:49:55,160 --> 00:49:57,560
Speaker 1: to be tossed or or valid or not. And then

951
00:49:57,600 --> 00:50:00,239
Speaker 1: also the presidential powers case. Do you think this Supreme

952
00:50:00,239 --> 00:50:03,399
Speaker 1: Court's going to take up presidential powers? How, if at all,

953
00:50:03,480 --> 00:50:06,319
Speaker 1: do you think this ruling could impact the other two

954
00:50:06,360 --> 00:50:07,480
Speaker 1: Supreme Court rulings.

955
00:50:08,080 --> 00:50:11,280
Speaker 12: Great question, So let's start with the immunity appellate ruling

956
00:50:11,520 --> 00:50:14,799
Speaker 12: that came down this week upholding Judge Huckkins order from

957
00:50:14,880 --> 00:50:19,520
Speaker 12: December that said that presidents are indeed subject to criminal prosecution.

958
00:50:19,680 --> 00:50:23,040
Speaker 12: The Appellate panel came back three to zero upholding that

959
00:50:23,040 --> 00:50:25,600
Speaker 12: that will now go to the Supreme Court. Now, they

960
00:50:25,719 --> 00:50:29,040
Speaker 12: put the kind that gave Donald Trump an ultimatum, and

961
00:50:29,080 --> 00:50:32,040
Speaker 12: they said, you need to file this application for an

962
00:50:32,040 --> 00:50:37,840
Speaker 12: emergency stay before February thirteenth. Well, that requires five justices

963
00:50:38,040 --> 00:50:41,399
Speaker 12: to agree to this emergency stay, which would basically put

964
00:50:41,440 --> 00:50:45,000
Speaker 12: on hold the appellate ruling. If he doesn't, then he

965
00:50:45,080 --> 00:50:51,680
Speaker 12: has to quickly expedite his his to ask the full

966
00:50:51,719 --> 00:50:56,359
Speaker 12: Court to review the Appellate Court decision. That that could

967
00:50:56,400 --> 00:50:58,920
Speaker 12: take time. They could put that on an expedited schedule.

968
00:50:59,280 --> 00:51:02,160
Speaker 12: We should know more for you guys next week how

969
00:51:02,320 --> 00:51:05,799
Speaker 12: the Supreme Court responds to his application for the emergency

970
00:51:05,960 --> 00:51:10,759
Speaker 12: stay on the suppellate order. So that definitely will get

971
00:51:10,800 --> 00:51:13,520
Speaker 12: to the Supreme Court, and it will, I believe at

972
00:51:13,520 --> 00:51:15,680
Speaker 12: some point because Jack Smith said that in his own

973
00:51:15,719 --> 00:51:18,680
Speaker 12: silence you recalled that he tried to stick over the

974
00:51:18,719 --> 00:51:21,360
Speaker 12: Appellate Court took that rare step of going right to

975
00:51:21,400 --> 00:51:24,560
Speaker 12: the Supreme Court and asking them to resolve the immunity question.

976
00:51:25,000 --> 00:51:28,440
Speaker 12: Quickly they denied that. But now you're basically going to

977
00:51:28,520 --> 00:51:31,480
Speaker 12: have both sides on record asking the Supreme Court to

978
00:51:31,880 --> 00:51:34,200
Speaker 12: consider this. So I don't see that they don't do that.

979
00:51:35,080 --> 00:51:38,960
Speaker 12: But to your point, a bigger concern for jack Smith,

980
00:51:39,040 --> 00:51:42,320
Speaker 12: aside from the immunity issue, has to be this fifteen

981
00:51:42,360 --> 00:51:45,000
Speaker 12: twelve feet to obstruction of an official proceeding. This is

982
00:51:45,000 --> 00:51:47,319
Speaker 12: the felony that's been slapped against more than three hundred

983
00:51:47,360 --> 00:51:50,680
Speaker 12: and twenty J six ers half of Jacksmith's indictment for

984
00:51:50,880 --> 00:51:54,760
Speaker 12: count indictment against Donald Trump. The Court already granted certain

985
00:51:54,880 --> 00:51:58,560
Speaker 12: that in December, and what that means is the Court

986
00:51:58,600 --> 00:52:03,360
Speaker 12: will probably in April hold oral arguments to determine whether

987
00:52:03,480 --> 00:52:09,600
Speaker 12: this DOJ has appropriately interpreted and interpretated, interpreted, sorry, and

988
00:52:09,840 --> 00:52:14,120
Speaker 12: applied this post on run tampering with document statute, which

989
00:52:14,120 --> 00:52:17,200
Speaker 12: of course they haven't. So if the court, and we'll

990
00:52:17,280 --> 00:52:19,920
Speaker 12: kind of know by oral arguments, just like needed today,

991
00:52:20,040 --> 00:52:22,759
Speaker 12: which way they might head. If it sounds like a

992
00:52:22,800 --> 00:52:27,000
Speaker 12: majority of the Court is going to reverse how DOJ

993
00:52:27,360 --> 00:52:30,640
Speaker 12: has interpreted that statute and applied it, that's going to

994
00:52:30,719 --> 00:52:34,359
Speaker 12: spell big trouble for Jack Smith. So right now there's

995
00:52:34,400 --> 00:52:36,920
Speaker 12: this collision course had it at the Supreme Court. We

996
00:52:37,000 --> 00:52:39,560
Speaker 12: kind of know where the Colorado issue is going. But

997
00:52:39,640 --> 00:52:43,359
Speaker 12: these are greater issues related to Trump's legal jeopardy and

998
00:52:43,400 --> 00:52:47,080
Speaker 12: certainly the validity of Jack Smith's case in Washington.

999
00:52:48,440 --> 00:52:52,040
Speaker 2: Talking to Julie Kelly declassified as her substackly subscribe if

1000
00:52:52,040 --> 00:52:56,080
Speaker 2: you want in depth analysis and reporting on all these

1001
00:52:56,080 --> 00:52:58,840
Speaker 2: issues we're talking about here, Trump legal fight, a J

1002
00:52:59,040 --> 00:53:05,160
Speaker 2: six situation more And Julie, at this stage, how confident

1003
00:53:05,200 --> 00:53:08,640
Speaker 2: are you in the belief only or the other that

1004
00:53:08,719 --> 00:53:13,360
Speaker 2: Democrats recognize that they have messed up doesn't mean that

1005
00:53:13,400 --> 00:53:15,400
Speaker 2: it's over and they can't still get what they want.

1006
00:53:15,800 --> 00:53:17,880
Speaker 2: But Clay and I are looking at this and given

1007
00:53:18,600 --> 00:53:24,400
Speaker 2: what's happened, whether it's the Atlanta prosecution with Fannie Willis,

1008
00:53:24,480 --> 00:53:28,160
Speaker 2: looks like that's completely falling apart. The New York prosecution

1009
00:53:28,360 --> 00:53:31,240
Speaker 2: is so weak that it may actually do more political

1010
00:53:31,360 --> 00:53:34,840
Speaker 2: damage to Democrats to bring it regardless of the outcome.

1011
00:53:35,239 --> 00:53:37,600
Speaker 2: The Florida judge doesn't seem like she's going to get

1012
00:53:37,600 --> 00:53:40,959
Speaker 2: this thing fast tracked before the election, although that could change.

1013
00:53:40,960 --> 00:53:42,919
Speaker 2: And then you've got the J six stuff and DC

1014
00:53:43,120 --> 00:53:45,919
Speaker 2: trial which we're talking about. Do you think that they're

1015
00:53:45,960 --> 00:53:47,840
Speaker 2: desperate or do you think that there's some sense that

1016
00:53:47,880 --> 00:53:50,400
Speaker 2: this is still going roughly according to their plan.

1017
00:53:51,840 --> 00:53:54,440
Speaker 12: I mean, I think the Washington case, especially with the

1018
00:53:54,440 --> 00:53:57,840
Speaker 12: immunity appeal, and look, I feel more confident about the

1019
00:53:57,880 --> 00:54:01,640
Speaker 12: Supreme Court's decision on the fifth teen twelves matter than

1020
00:54:01,640 --> 00:54:06,360
Speaker 12: I do on immunity Unfortunately, So you know, this court

1021
00:54:06,480 --> 00:54:10,760
Speaker 12: is still political. Even though they seemed in solidarity today,

1022
00:54:11,920 --> 00:54:14,239
Speaker 12: They're going to have to split the baby somehow. They're

1023
00:54:14,280 --> 00:54:15,880
Speaker 12: not going to come out on Trump's side in the

1024
00:54:15,880 --> 00:54:19,160
Speaker 12: Colorado case and immunity and fifteen twelve C.

1025
00:54:19,320 --> 00:54:19,440
Speaker 11: Two.

1026
00:54:19,520 --> 00:54:22,759
Speaker 12: It's just not going to happen. So the question is

1027
00:54:22,840 --> 00:54:27,520
Speaker 12: what is decided which way? But to your point, definitely

1028
00:54:27,600 --> 00:54:30,960
Speaker 12: the Fanny Willis indictment, that whole case is this falling

1029
00:54:30,960 --> 00:54:34,440
Speaker 12: apart her credibility pretty much shot. The New York case

1030
00:54:34,480 --> 00:54:37,560
Speaker 12: you don't even really hear anything about, and more. And

1031
00:54:37,640 --> 00:54:39,879
Speaker 12: I'll tell you what happened in the Florida case this week,

1032
00:54:40,040 --> 00:54:43,440
Speaker 12: which I'm going to be writing about. Judge Aileen Cannon

1033
00:54:43,480 --> 00:54:49,200
Speaker 12: gave Jack Smith a major SmackDown in court again basically

1034
00:54:49,239 --> 00:54:52,840
Speaker 12: saying he is attempting to keep under seal protective orders

1035
00:54:52,920 --> 00:54:56,640
Speaker 12: under seal information that should be made public. And so

1036
00:54:56,880 --> 00:55:00,160
Speaker 12: she files an order this week saying that she is

1037
00:55:00,160 --> 00:55:03,440
Speaker 12: going to unseal information that Jack Smith has tried to steal,

1038
00:55:03,600 --> 00:55:05,840
Speaker 12: including and I'm going to write about this this weekend,

1039
00:55:05,920 --> 00:55:12,600
Speaker 12: you guys, a separate third investigation FBI investigation into Donald Trump.

1040
00:55:13,200 --> 00:55:16,000
Speaker 12: So this is aside from the Classified Documents one and

1041
00:55:16,080 --> 00:55:19,600
Speaker 12: aside from the J sixth one. She is ordering now

1042
00:55:20,160 --> 00:55:23,799
Speaker 12: the defense Trump's team who asked for it, She's going

1043
00:55:23,880 --> 00:55:28,680
Speaker 12: to permit that information to be unsealed. And also another

1044
00:55:28,960 --> 00:55:33,440
Speaker 12: person individual we don't know who that DOJ considered indicting,

1045
00:55:33,440 --> 00:55:36,120
Speaker 12: and I'll have speculation on that as well. So we

1046
00:55:36,160 --> 00:55:39,440
Speaker 12: could have major bombshells coming out of the Classified documents

1047
00:55:39,520 --> 00:55:43,520
Speaker 12: case because Aileen cannon On, like most judges, is not

1048
00:55:43,640 --> 00:55:47,360
Speaker 12: acting as a representand for DOJ, and it has denied

1049
00:55:47,400 --> 00:55:51,520
Speaker 12: a few times now Jacksmith attempts to keep information under

1050
00:55:51,560 --> 00:55:54,680
Speaker 12: seal not just from the public, but from Donald Trump

1051
00:55:54,719 --> 00:55:57,160
Speaker 12: and his co defendants as well.

1052
00:55:57,360 --> 00:56:00,680
Speaker 1: Okay, last question for you, julianet put potentially is going

1053
00:56:00,719 --> 00:56:05,359
Speaker 1: to be really fascinating in that classified documents case. So

1054
00:56:06,239 --> 00:56:09,640
Speaker 1: if we are right, on timing roughly right, and that

1055
00:56:09,719 --> 00:56:13,160
Speaker 1: obstruction case opinion is going to come out from the

1056
00:56:13,200 --> 00:56:17,520
Speaker 1: Supreme Court in late June early July. Do you think,

1057
00:56:17,600 --> 00:56:20,640
Speaker 1: and obviously this is a prediction question, do you think

1058
00:56:20,680 --> 00:56:24,080
Speaker 1: they want to open with the Alvin Bragg case and

1059
00:56:24,120 --> 00:56:26,680
Speaker 1: that one in New York City could be going in March,

1060
00:56:27,160 --> 00:56:29,720
Speaker 1: or do you think the earliest we could see Trump

1061
00:56:29,920 --> 00:56:35,960
Speaker 1: on trial criminally is maybe late July early August at

1062
00:56:36,000 --> 00:56:37,400
Speaker 1: the absolute best.

1063
00:56:37,560 --> 00:56:40,480
Speaker 4: How would you assess the timeline right now? Based on

1064
00:56:40,520 --> 00:56:40,920
Speaker 4: what we know?

1065
00:56:42,000 --> 00:56:44,240
Speaker 12: All of it really depends on how the court handles

1066
00:56:44,239 --> 00:56:47,239
Speaker 12: the immunity issue. If they fast track a decision on

1067
00:56:47,320 --> 00:56:51,279
Speaker 12: immunity presidential immunity, if they come back quicker on a

1068
00:56:51,360 --> 00:56:55,279
Speaker 12: decision with that really as opposed to fifteen twelve. If

1069
00:56:55,320 --> 00:56:58,359
Speaker 12: they uphold Judge chuck In and the appellate panel and

1070
00:56:58,400 --> 00:57:03,400
Speaker 12: conclude that yes, the President is subjected to criminal prosecution,

1071
00:57:03,680 --> 00:57:07,399
Speaker 12: that will restart the pre trial calendar in Washington. And

1072
00:57:07,719 --> 00:57:10,560
Speaker 12: depending on what that happens, you know, the time that's

1073
00:57:10,600 --> 00:57:13,799
Speaker 12: the left between December when shud chuck can put that

1074
00:57:13,880 --> 00:57:17,640
Speaker 12: on hold because of the immunity appeal, and any time

1075
00:57:17,680 --> 00:57:20,040
Speaker 12: that she is to make up there that will restart

1076
00:57:20,080 --> 00:57:23,640
Speaker 12: the pre trial schedule. So it really depends on everything

1077
00:57:23,680 --> 00:57:27,160
Speaker 12: hinges really right now, at least federal cases on this

1078
00:57:27,240 --> 00:57:30,360
Speaker 12: immunity issue. I don't think anyone, including the Democrats, certainly

1079
00:57:30,400 --> 00:57:33,120
Speaker 12: Jack Smith, want Elvin Bragg to get the first bite

1080
00:57:33,200 --> 00:57:37,360
Speaker 12: here on a criminal trial. So it will really know

1081
00:57:37,480 --> 00:57:41,240
Speaker 12: more next week how the court responds to Trump's application

1082
00:57:42,360 --> 00:57:44,800
Speaker 12: to stay. We should get a better sense of the timetable.

1083
00:57:44,840 --> 00:57:50,400
Speaker 2: Then look at Julie Kelly's declassified on substack and the Julie,

1084
00:57:50,400 --> 00:57:52,200
Speaker 2: that's a real bombshell you just dropped here on the

1085
00:57:52,200 --> 00:57:55,959
Speaker 2: air that there may have been another whole FBI investigation

1086
00:57:56,040 --> 00:57:57,960
Speaker 2: of Trump that we know nothing about so far.

1087
00:57:58,040 --> 00:58:00,840
Speaker 4: So you're going to dive into that, right, Yes, I'm going.

1088
00:58:00,800 --> 00:58:04,680
Speaker 12: To have something on my substack this weekend that details

1089
00:58:04,400 --> 00:58:08,000
Speaker 12: what I suspect it was, who was involved, including the

1090
00:58:08,040 --> 00:58:12,360
Speaker 12: Department of Justice and possibly Joe Biden's General Council, speculation

1091
00:58:12,720 --> 00:58:15,960
Speaker 12: on what the FBI investigation was about, and who I

1092
00:58:16,000 --> 00:58:19,480
Speaker 12: believe one of two individuals in Trump world that they

1093
00:58:19,520 --> 00:58:22,840
Speaker 12: were also looking to indicte Wow, all.

1094
00:58:22,800 --> 00:58:26,480
Speaker 2: Right, Julie Kelly, everybody declassified on substack, go subscribe. Julie

1095
00:58:26,480 --> 00:58:27,160
Speaker 2: thank you so much.

1096
00:58:27,880 --> 00:58:29,360
Speaker 12: Thanks guys.

1097
00:58:30,520 --> 00:58:34,240
Speaker 2: Clay Alvin Bragg in New York I should note is

1098
00:58:34,360 --> 00:58:36,320
Speaker 2: right now at a press conference. This is the District

1099
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Speaker 2: Attorney for New York City for Manhattan, and he is

1100
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Speaker 2: saying the grand jury has indicted seven in that attack

1101
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1102
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1103
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Speaker 2: New York City.

1104
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Speaker 4: Was on video.

1105
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Speaker 2: Everyone's outraged by it. So maybe we'll have some UPDATEHV

1106
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