1 00:00:00,200 --> 00:00:03,480 Speaker 1: Well we have come in. You'll sit. 2 00:00:05,360 --> 00:00:15,320 Speaker 2: Way, I get you down, will be and if you 3 00:00:15,360 --> 00:00:17,759 Speaker 2: want a little yank, come along. 4 00:00:18,600 --> 00:00:20,840 Speaker 3: I hear from people in our caucus who talk to 5 00:00:20,920 --> 00:00:23,400 Speaker 3: sources eye up, who say we need to make sure 6 00:00:23,480 --> 00:00:26,440 Speaker 3: Sean Anity's not talking about this from our ingram because 7 00:00:26,520 --> 00:00:28,920 Speaker 3: Conservatives that's why they kept it secret. 8 00:00:29,080 --> 00:00:31,440 Speaker 4: Every day between now and November, the American people are 9 00:00:31,440 --> 00:00:33,680 Speaker 4: going to know that the only reason the border is 10 00:00:33,720 --> 00:00:35,960 Speaker 4: not secure is Donald Trump, who is Magga. 11 00:00:36,040 --> 00:00:38,440 Speaker 5: Republican friends know about all we're talking about. 12 00:00:38,479 --> 00:00:40,720 Speaker 4: Section three. Please don't change the hypothetical. 13 00:00:40,760 --> 00:00:42,480 Speaker 6: Okay, please don't change the hypothetical. 14 00:00:42,520 --> 00:00:44,320 Speaker 5: I know I like doing it too, but please don't 15 00:00:44,320 --> 00:00:44,479 Speaker 5: do it. 16 00:00:46,280 --> 00:00:54,320 Speaker 7: Ron only two hundred and seventy days left till the 17 00:00:54,360 --> 00:00:58,760 Speaker 7: presidential election. That way, I'm coming. 18 00:01:03,800 --> 00:01:05,600 Speaker 1: To you a conscious song. 19 00:01:06,400 --> 00:01:14,280 Speaker 8: From coast to coast, from border to border, from sea 20 00:01:14,520 --> 00:01:19,200 Speaker 8: to shining sea. Sean Kennedy is on. 21 00:01:21,400 --> 00:01:22,479 Speaker 1: Ah Thanks Scott Shannon. 22 00:01:22,600 --> 00:01:25,319 Speaker 9: Hour two Sean Hannity Show are toll free numbers eight 23 00:01:25,360 --> 00:01:27,200 Speaker 9: hundred and ninety four one, Shawn, if you want to 24 00:01:27,240 --> 00:01:30,200 Speaker 9: be a part of the program. We played a lot 25 00:01:30,200 --> 00:01:34,560 Speaker 9: of these exchanges in the last hour, fascinating arguments going 26 00:01:34,800 --> 00:01:38,280 Speaker 9: back and forth in the Supreme Court today. As we 27 00:01:38,600 --> 00:01:41,680 Speaker 9: already mentioned, it looks like even the New York Times 28 00:01:41,760 --> 00:01:46,039 Speaker 9: is conceding that Donald Trump is going to win this case. 29 00:01:46,520 --> 00:01:50,240 Speaker 9: What was was really kind of at times odd to me. 30 00:01:50,320 --> 00:01:54,680 Speaker 9: It almost felt like the justices to both lawyers on 31 00:01:54,800 --> 00:01:58,920 Speaker 9: both sides, were basically telling them what their arguments should 32 00:01:58,960 --> 00:02:02,200 Speaker 9: be and what their arguments, you know, where their arguments 33 00:02:02,240 --> 00:02:04,160 Speaker 9: a week. It was like it was like an academic 34 00:02:04,240 --> 00:02:06,800 Speaker 9: exercise listening to all of this. All right, Joining us 35 00:02:06,880 --> 00:02:09,680 Speaker 9: now is case Seculo. He is the chief counsel for 36 00:02:09,720 --> 00:02:12,200 Speaker 9: the American Center for Law and Justice and my own 37 00:02:12,200 --> 00:02:15,000 Speaker 9: personal attorney, which, by the way, that's awful for you. 38 00:02:15,720 --> 00:02:18,360 Speaker 9: Now you've argued before the Supreme Court. How many times 39 00:02:18,360 --> 00:02:21,040 Speaker 9: have you argued cases yourself? And how many cases have 40 00:02:21,120 --> 00:02:22,000 Speaker 9: you been involved at? 41 00:02:22,480 --> 00:02:24,519 Speaker 4: Let's see the last one week a three front of 42 00:02:24,520 --> 00:02:27,480 Speaker 4: the last time. So I think I've done twenty four 43 00:02:27,520 --> 00:02:29,040 Speaker 4: cases argued seventeen. 44 00:02:29,720 --> 00:02:30,040 Speaker 1: Okay. 45 00:02:30,120 --> 00:02:33,120 Speaker 9: So, by the way, that's not an easy environment for 46 00:02:33,440 --> 00:02:35,800 Speaker 9: any lawyer to be And you've got nine justices and 47 00:02:35,840 --> 00:02:38,400 Speaker 9: they have no problem cutting you off mid sentence before 48 00:02:38,440 --> 00:02:40,320 Speaker 9: you even give an answer, and then pulling you in 49 00:02:40,360 --> 00:02:41,280 Speaker 9: a whole different direction. 50 00:02:41,360 --> 00:02:42,799 Speaker 1: It's pretty challenging. 51 00:02:43,280 --> 00:02:47,280 Speaker 4: It is. It's an invigorating an hour or so, and 52 00:02:47,600 --> 00:02:50,440 Speaker 4: I think it was today as well. I'm optimistic. We 53 00:02:50,520 --> 00:02:54,000 Speaker 4: represent the Colorado Republican Party, so we're a party in 54 00:02:54,040 --> 00:02:56,359 Speaker 4: the case. Although it was Donald Trump's lawyer that did 55 00:02:56,400 --> 00:02:58,600 Speaker 4: the oral argument, I think we're going to win nine 56 00:02:58,760 --> 00:03:01,840 Speaker 4: zero on the issue of the president is not an 57 00:03:01,919 --> 00:03:05,840 Speaker 4: officer of the United States, because, as John Roberts has 58 00:03:05,840 --> 00:03:09,640 Speaker 4: written in opinions, you do not elect officers of the 59 00:03:09,680 --> 00:03:12,800 Speaker 4: United States. You elect presidents, you elect you know, vice presidents. 60 00:03:12,800 --> 00:03:15,359 Speaker 4: You don't elect the officers of the United States. And 61 00:03:15,960 --> 00:03:18,440 Speaker 4: so I think we went on that. The difficulty was 62 00:03:18,480 --> 00:03:21,960 Speaker 4: that the lawyer representing President Trump heads gone that a bit, 63 00:03:22,480 --> 00:03:24,600 Speaker 4: even though that's where the court was going. But at 64 00:03:24,600 --> 00:03:27,040 Speaker 4: the end result it's not going to matter. I think 65 00:03:27,080 --> 00:03:29,079 Speaker 4: we're gonna win it nine but that. 66 00:03:29,120 --> 00:03:31,600 Speaker 9: But the I want to stop you there because what 67 00:03:31,639 --> 00:03:35,800 Speaker 9: you're saying is very profound here because this is what 68 00:03:36,400 --> 00:03:39,440 Speaker 9: that Donald Trump's team had won before the Supreme Court 69 00:03:39,440 --> 00:03:43,120 Speaker 9: of Colorado, you know, reversed it. That was the argument 70 00:03:43,400 --> 00:03:46,440 Speaker 9: that was settled with the with the lower court judge 71 00:03:46,480 --> 00:03:47,320 Speaker 9: in that case. 72 00:03:47,600 --> 00:03:49,960 Speaker 4: Right that the president was not an officer of the 73 00:03:50,040 --> 00:03:53,480 Speaker 4: United States. So in the brief that I filed on 74 00:03:53,560 --> 00:03:57,000 Speaker 4: behalf of the Colorado GOP with the Supreme Court, here's 75 00:03:57,040 --> 00:03:59,840 Speaker 4: what I said. First, the president is not an officer 76 00:03:59,880 --> 00:04:02,600 Speaker 4: of the United States under Section three of the Fourteenth Amendment. 77 00:04:03,280 --> 00:04:06,080 Speaker 4: Does text of the Constitution confirms that the president is 78 00:04:06,080 --> 00:04:08,520 Speaker 4: not an officer of the United States, and the oath 79 00:04:08,560 --> 00:04:11,720 Speaker 4: the president takes is distinct from the oath officers of 80 00:04:11,760 --> 00:04:14,800 Speaker 4: the United States take. Further confirming he is not an 81 00:04:14,840 --> 00:04:17,039 Speaker 4: officer of the United States under section three. Then we 82 00:04:17,080 --> 00:04:20,480 Speaker 4: went into it is not self executing and the states 83 00:04:20,480 --> 00:04:23,080 Speaker 4: have no authority to bring these kinds of cases. Then 84 00:04:23,080 --> 00:04:25,520 Speaker 4: we raised the First Amendment issue, and also it only 85 00:04:25,560 --> 00:04:28,640 Speaker 4: applies to holding office, not running for office. So I 86 00:04:28,680 --> 00:04:30,480 Speaker 4: think the officer of the United States is where this 87 00:04:30,520 --> 00:04:30,839 Speaker 4: is going. 88 00:04:31,880 --> 00:04:34,479 Speaker 9: I tend to agree with you regardless of how the questioning, 89 00:04:34,560 --> 00:04:37,920 Speaker 9: and I think listening to Supreme Court arguments, my past 90 00:04:37,960 --> 00:04:40,640 Speaker 9: experience has shown me don't think you can guess where 91 00:04:40,640 --> 00:04:42,800 Speaker 9: anyone justice is going to go based on his or 92 00:04:42,880 --> 00:04:45,680 Speaker 9: her questioning. In the case, one of the other big 93 00:04:45,720 --> 00:04:49,120 Speaker 9: issues came up, and it was the issue of insurrection. 94 00:04:49,279 --> 00:04:50,760 Speaker 9: I wanted to get your take on some of the 95 00:04:50,800 --> 00:04:56,120 Speaker 9: exchanges regarding that. The last I checked, Jay Seculo, I 96 00:04:56,160 --> 00:04:59,160 Speaker 9: don't think that Donald Trump was ever charged with insurrection 97 00:05:00,080 --> 00:05:01,880 Speaker 9: alone be convicted of insurrection. 98 00:05:02,520 --> 00:05:06,200 Speaker 1: Uh. And and how does the court get to determine that? Uh? 99 00:05:06,279 --> 00:05:08,080 Speaker 9: You know, what are the standards that they're going to 100 00:05:08,160 --> 00:05:10,920 Speaker 9: use for that? And secondly, how does in Maine where 101 00:05:10,920 --> 00:05:13,000 Speaker 9: you have a you know, one elected. 102 00:05:12,640 --> 00:05:15,840 Speaker 4: Official that took that bait. They're not going to say 103 00:05:15,839 --> 00:05:17,839 Speaker 4: there was no insurrection, there was an insurrection. I'm going 104 00:05:17,880 --> 00:05:18,720 Speaker 4: to say it doesn't. 105 00:05:18,440 --> 00:05:21,360 Speaker 1: Matter, okay, and tell me why, because. 106 00:05:21,200 --> 00:05:23,560 Speaker 4: The fundamental question you have in this case is does 107 00:05:23,640 --> 00:05:26,960 Speaker 4: this statue does the fourteenth Amendment, Section three apply to 108 00:05:27,000 --> 00:05:28,880 Speaker 4: the President of the United States or a former president 109 00:05:28,920 --> 00:05:30,800 Speaker 4: of the United States? And the answer on the face 110 00:05:30,920 --> 00:05:33,440 Speaker 4: of the amendment is it does not. So it's almost 111 00:05:33,440 --> 00:05:38,400 Speaker 4: a jurisdictional question. You had Justice Brown, you had Just Jackson, 112 00:05:38,480 --> 00:05:42,080 Speaker 4: you had Justice Kagan a little bit from Sodomay are 113 00:05:42,160 --> 00:05:45,040 Speaker 4: not that much, but you had to you know, two 114 00:05:45,200 --> 00:05:48,920 Speaker 4: judges that clearly uh you know that are are left 115 00:05:48,920 --> 00:05:54,320 Speaker 4: of center Democrat appointees, two of them that were unequivocal. Uh. 116 00:05:54,839 --> 00:05:56,760 Speaker 4: And I think this is you know, I think this 117 00:05:56,800 --> 00:05:59,400 Speaker 4: is a big part of this is if you got 118 00:05:59,480 --> 00:06:04,080 Speaker 4: Kagan and then you have Justice Jackson arguing that the 119 00:06:04,120 --> 00:06:07,640 Speaker 4: president's not an officer and pushing the Trump Moore saying, 120 00:06:07,680 --> 00:06:09,600 Speaker 4: why are you running away from that argument because some 121 00:06:09,640 --> 00:06:11,560 Speaker 4: boy the text of it really seems to support you. 122 00:06:12,560 --> 00:06:14,520 Speaker 4: I think that bodes well for us at the end 123 00:06:14,520 --> 00:06:14,920 Speaker 4: of the day. 124 00:06:15,279 --> 00:06:18,080 Speaker 1: I think it bodes well as well. What did you think? 125 00:06:18,120 --> 00:06:21,760 Speaker 9: I mean, I've listened to other arguments before the Supreme Court. 126 00:06:21,839 --> 00:06:24,080 Speaker 9: They're not televised, but you can get the audio feed 127 00:06:24,120 --> 00:06:26,960 Speaker 9: of it, and I felt this was had a little 128 00:06:26,960 --> 00:06:29,520 Speaker 9: bit different feel. And as much as I felt like 129 00:06:29,560 --> 00:06:33,400 Speaker 9: the judges had come in with their predetermined outcome in 130 00:06:33,440 --> 00:06:37,400 Speaker 9: many ways, and we're trying in both cases to challenge 131 00:06:37,440 --> 00:06:39,719 Speaker 9: the arguments that both sides put out here, did you 132 00:06:39,720 --> 00:06:40,440 Speaker 9: get that feeling? 133 00:06:40,760 --> 00:06:42,479 Speaker 4: Well? They did. I think, look at a case like 134 00:06:42,520 --> 00:06:44,360 Speaker 4: this where the stakes are so high in what's at 135 00:06:44,360 --> 00:06:47,200 Speaker 4: play is so real. I mean, it's affecting everybody's right 136 00:06:47,279 --> 00:06:50,479 Speaker 4: to vote. I mean it's a fundamental issue here that 137 00:06:50,600 --> 00:06:53,080 Speaker 4: what you have is a lot of it is predetermined. 138 00:06:53,080 --> 00:06:55,000 Speaker 4: And I don't mean that in a bad way, but 139 00:06:55,480 --> 00:06:57,280 Speaker 4: a lot of it is determined. On the briefs. I 140 00:06:57,320 --> 00:06:59,760 Speaker 4: mean the arguments that were being raised by the justices 141 00:07:00,360 --> 00:07:02,920 Speaker 4: my brief very closely. I'm not saying that to brag 142 00:07:03,000 --> 00:07:05,840 Speaker 4: or boast. It just it did because we laid out 143 00:07:05,839 --> 00:07:08,680 Speaker 4: what I you know, me, Sean, I like having an 144 00:07:08,720 --> 00:07:12,000 Speaker 4: exit ramp. Where can I get nine justices to kind 145 00:07:12,040 --> 00:07:15,320 Speaker 4: of coalesce? And I think the officer issue was the issue, 146 00:07:15,360 --> 00:07:17,960 Speaker 4: and it seemed like that's where they were moving now. 147 00:07:18,080 --> 00:07:18,840 Speaker 1: It seems like it. 148 00:07:18,920 --> 00:07:20,720 Speaker 9: And by the way, I'm sure they read your brief 149 00:07:20,720 --> 00:07:23,360 Speaker 9: as part of their preparation. The one thing you have 150 00:07:23,400 --> 00:07:25,200 Speaker 9: to give them credit for is they all came in 151 00:07:25,360 --> 00:07:30,240 Speaker 9: very prepared and they were, you know, knowledgeable about past precedent. 152 00:07:30,280 --> 00:07:33,520 Speaker 9: They were knowledgeable as it relates to the law of 153 00:07:33,560 --> 00:07:37,280 Speaker 9: the Constitution. I felt everybody on all sides to me, 154 00:07:37,320 --> 00:07:39,880 Speaker 9: it was just interesting. That's my biggest takeaway from it. 155 00:07:40,880 --> 00:07:44,360 Speaker 9: I think it's a no brainer. But let me ask you, 156 00:07:44,360 --> 00:07:48,720 Speaker 9: in principle, how does the court get to decide that 157 00:07:48,840 --> 00:07:52,119 Speaker 9: somebody is guilty of insurrection like the Colorado Supreme Court. 158 00:07:52,480 --> 00:07:55,440 Speaker 9: How do they get to make that determination and individuals 159 00:07:55,440 --> 00:07:57,960 Speaker 9: not even been charged with it? You know, I thought 160 00:07:57,960 --> 00:08:02,560 Speaker 9: we had the idea presumption of innocence before proven guilty. 161 00:08:02,880 --> 00:08:07,360 Speaker 9: Are you ostensibly proving somebody or declaring somebody guilty sort 162 00:08:07,360 --> 00:08:10,640 Speaker 9: of like the main secretary of State doing it unilaterally? 163 00:08:11,040 --> 00:08:12,800 Speaker 4: Yeah, Kagan said that. I mean, Kagan said, how are 164 00:08:12,800 --> 00:08:14,640 Speaker 4: you gonna let one state determine all this for the 165 00:08:14,640 --> 00:08:17,480 Speaker 4: rest of the country and based on what procedures and precedent. 166 00:08:18,520 --> 00:08:21,240 Speaker 4: Justice Jackson wrote this. She said, you know, I'm not 167 00:08:21,360 --> 00:08:24,360 Speaker 4: making a distincsion between valid access and anything else. I mean, 168 00:08:24,400 --> 00:08:26,200 Speaker 4: she was trying to talk to, you know, fundamentally about 169 00:08:26,240 --> 00:08:29,840 Speaker 4: the case. And then she said, but the president is 170 00:08:29,880 --> 00:08:33,160 Speaker 4: not enumerated in section three, so why would it go 171 00:08:33,240 --> 00:08:38,080 Speaker 4: to him? So they were avoiding the insurrection discussion. That 172 00:08:38,160 --> 00:08:40,160 Speaker 4: will not be the basis of any opinion here. They're 173 00:08:40,200 --> 00:08:42,600 Speaker 4: not going to find that Donald Trump engaged in an 174 00:08:42,760 --> 00:08:46,000 Speaker 4: insurrection or did not engage in an insurrection. It's gonna 175 00:08:46,000 --> 00:08:47,480 Speaker 4: be a question of law in that fact. 176 00:08:47,800 --> 00:08:51,839 Speaker 9: Let's go to Atlanta, Kagan and play the exchange you're 177 00:08:51,880 --> 00:08:55,520 Speaker 9: referring to here, asking the Colorado lawyer Jason Murray. 178 00:08:55,520 --> 00:08:58,040 Speaker 10: Of the United States, in other words, you know, this 179 00:08:58,320 --> 00:09:01,920 Speaker 10: question of whether a former president is disqualified for insurrection 180 00:09:02,840 --> 00:09:06,880 Speaker 10: to be president again is just say it. It sounds 181 00:09:06,960 --> 00:09:11,640 Speaker 10: awfully national to me. So whatever means there are to enforce, 182 00:09:11,679 --> 00:09:15,520 Speaker 10: it would suggest that they have to be federal national means. 183 00:09:15,640 --> 00:09:18,360 Speaker 10: Why does you know if you weren't from Colorado and 184 00:09:18,480 --> 00:09:22,560 Speaker 10: you were from Wisconsin, or you were from Michigan, and 185 00:09:22,640 --> 00:09:25,520 Speaker 10: it really you know, what the Michigan Secretary of State 186 00:09:25,559 --> 00:09:29,680 Speaker 10: did is going to make the difference between you know, 187 00:09:29,720 --> 00:09:32,680 Speaker 10: whether Candidate A is elected or Candidate BE is elected. 188 00:09:33,000 --> 00:09:35,119 Speaker 10: Mat seems quite extraordinary, doesn't. 189 00:09:34,880 --> 00:09:38,200 Speaker 5: It, no, your honor, because ultimately it's this court that's 190 00:09:38,240 --> 00:09:41,640 Speaker 5: going to decide that question of federal constitutional eligibility and 191 00:09:41,679 --> 00:09:44,720 Speaker 5: settle the issue for the nation. And certainly it's not 192 00:09:44,800 --> 00:09:47,800 Speaker 5: unusual that questions of national importance come up. 193 00:09:47,960 --> 00:09:50,960 Speaker 10: Well, I suppose this court would be saying something along 194 00:09:51,000 --> 00:09:53,280 Speaker 10: the lines of the estate has the power to do it. 195 00:09:53,640 --> 00:09:55,920 Speaker 10: But I guess I was asking you to go a 196 00:09:55,920 --> 00:09:58,000 Speaker 10: little bit further and saying, why should that be the 197 00:09:58,080 --> 00:10:01,880 Speaker 10: right rule? Why should a single state have the ability 198 00:10:02,240 --> 00:10:06,120 Speaker 10: to make this determination not only for their listen. 199 00:10:06,240 --> 00:10:09,680 Speaker 4: I played on our broadcast today mostly Kagan and Jackson. 200 00:10:10,400 --> 00:10:14,320 Speaker 4: So I'm very optimistic on this. I think the briefs 201 00:10:14,320 --> 00:10:16,680 Speaker 4: that we set forth gave them a roadmap, and I 202 00:10:16,679 --> 00:10:18,880 Speaker 4: think we're going to have I'm really optimistic. I think 203 00:10:18,920 --> 00:10:20,360 Speaker 4: we get a decision probably in two weeks. 204 00:10:20,720 --> 00:10:22,640 Speaker 1: Yeah, why do you think it's going to happen that quickly? 205 00:10:22,960 --> 00:10:25,400 Speaker 4: Try to get it done before March fifth, Super Tuesday. 206 00:10:25,520 --> 00:10:27,720 Speaker 9: Oh, let's then go we have to I guess go 207 00:10:27,840 --> 00:10:31,679 Speaker 9: back to the issue of presidential immunity, which is you know, 208 00:10:31,800 --> 00:10:33,640 Speaker 9: I guess that's probably going to be headed to the 209 00:10:33,679 --> 00:10:38,000 Speaker 9: Supreme Court should they choose to take it. Yeah, and 210 00:10:38,160 --> 00:10:40,160 Speaker 9: all right, so when will we find. 211 00:10:39,960 --> 00:10:42,000 Speaker 4: Out, Well, they're going to take it up there Monday, 212 00:10:42,000 --> 00:10:44,160 Speaker 4: so you'll they'll either get a stay or won't get 213 00:10:44,200 --> 00:10:45,800 Speaker 4: a stay real quick within days. 214 00:10:46,200 --> 00:10:48,440 Speaker 9: So we will know within days whether or not the 215 00:10:48,440 --> 00:10:52,200 Speaker 9: issue of presidential immunity. Now, in listening to some of 216 00:10:52,240 --> 00:10:56,200 Speaker 9: those arguments I was at, I didn't particularly like the 217 00:10:56,320 --> 00:11:00,360 Speaker 9: argument that kind of president, while president authorized is a 218 00:11:00,440 --> 00:11:05,800 Speaker 9: sealed team six team to assassinate his top political rival. 219 00:11:05,920 --> 00:11:09,400 Speaker 9: I could, for a life of me, cannot understand that analogy. 220 00:11:09,840 --> 00:11:13,320 Speaker 4: It's a qualified yes, qualified yes being you'd have to 221 00:11:13,360 --> 00:11:16,000 Speaker 4: go through this process. Here's the answer to this. If 222 00:11:16,040 --> 00:11:18,000 Speaker 4: a president of the United States, I'm not talking about 223 00:11:18,000 --> 00:11:20,720 Speaker 4: any particular president, We're to get a weapon and go 224 00:11:20,760 --> 00:11:22,840 Speaker 4: on Fifthab and you just start randomly shooting. Do we 225 00:11:22,840 --> 00:11:23,960 Speaker 4: think the police can't stop it. 226 00:11:24,960 --> 00:11:26,640 Speaker 9: Of course, the police can stop it. They have an 227 00:11:26,679 --> 00:11:27,800 Speaker 9: obligation to stop it. 228 00:11:27,960 --> 00:11:30,800 Speaker 4: Of course, it's called keeping the peace, which is what 229 00:11:31,280 --> 00:11:34,440 Speaker 4: law enforcement does, whether the president of the United States 230 00:11:34,559 --> 00:11:38,360 Speaker 4: or whether you're working the subway station for the City 231 00:11:38,360 --> 00:11:40,520 Speaker 4: of New York, keeping the peace. 232 00:11:41,000 --> 00:11:42,240 Speaker 1: All right, quick break right back. 233 00:11:42,280 --> 00:11:45,640 Speaker 9: We'll continue more with Chase Secular, chief counsel for the 234 00:11:45,679 --> 00:11:49,080 Speaker 9: American Center for Law and Justice. As we continue, we 235 00:11:49,080 --> 00:11:52,120 Speaker 9: continue now at Jay Seculo. He is the chief counsel 236 00:11:52,160 --> 00:11:53,920 Speaker 9: for the American Center for Law and Justice. 237 00:11:54,160 --> 00:11:55,760 Speaker 4: Here's what I think is the problem with some of 238 00:11:55,840 --> 00:11:57,920 Speaker 4: these cases, with some of the ways these lawyers are 239 00:11:57,960 --> 00:12:00,800 Speaker 4: doing it. You know, Sean, you and I like sports. 240 00:12:01,440 --> 00:12:03,840 Speaker 4: Sometimes you just need to put a layup in the basket. 241 00:12:04,320 --> 00:12:07,680 Speaker 4: You just need two points. But they still go for 242 00:12:07,760 --> 00:12:09,600 Speaker 4: the three point shot and then they missed. The remnant 243 00:12:09,600 --> 00:12:14,240 Speaker 4: bounces out. So here, I think that this case the 244 00:12:14,280 --> 00:12:18,199 Speaker 4: one involving the issue of immunity the fundamental era, and 245 00:12:18,240 --> 00:12:20,920 Speaker 4: there were many in that DC Court of Appeals opinion, 246 00:12:20,960 --> 00:12:23,880 Speaker 4: but the biggest one was that immunity expires at twelve 247 00:12:23,920 --> 00:12:27,080 Speaker 4: to one on January twentieth, the moment the president becomes 248 00:12:27,200 --> 00:12:30,080 Speaker 4: the former president, or as they said, citizen Trump. I 249 00:12:30,080 --> 00:12:31,800 Speaker 4: would go to the Supreme Court and say, look, before 250 00:12:31,840 --> 00:12:34,760 Speaker 4: you decide anything, correct this you're looking at time here 251 00:12:35,559 --> 00:12:40,160 Speaker 4: that is fundamentally incorrect. Immunity protects the president when they're 252 00:12:40,200 --> 00:12:42,960 Speaker 4: out of office or else, they'll be thinking about lawyers 253 00:12:43,280 --> 00:12:44,440 Speaker 4: every decision they make. 254 00:12:45,040 --> 00:12:48,000 Speaker 9: So I think that that is a very that's the 255 00:12:48,080 --> 00:12:49,400 Speaker 9: reality of that job. 256 00:12:49,760 --> 00:12:51,839 Speaker 4: Right, here's the pain. Now, we got to determine where 257 00:12:51,880 --> 00:12:55,800 Speaker 4: these in the scope of his official duties. And as 258 00:12:55,920 --> 00:13:00,120 Speaker 4: Alan Dershowitz said on your television broadcast two nights ago, 259 00:13:00,000 --> 00:13:03,840 Speaker 4: so clearly some of them are within his official duties, 260 00:13:04,320 --> 00:13:06,400 Speaker 4: others may be on the fringes of it, and some 261 00:13:06,440 --> 00:13:08,280 Speaker 4: may be out. But a court needs to make a 262 00:13:08,320 --> 00:13:12,120 Speaker 4: determination is to each one of those Then the ones 263 00:13:12,160 --> 00:13:15,320 Speaker 4: that are not within the official duties and there's no immunity, 264 00:13:15,640 --> 00:13:19,160 Speaker 4: then a determination has to be made. Are those incidents 265 00:13:19,640 --> 00:13:22,920 Speaker 4: constitute a crime? Now, this is going to take a 266 00:13:23,040 --> 00:13:25,360 Speaker 4: year when you got to remand it back. That's how j. 267 00:13:25,520 --> 00:13:28,040 Speaker 4: Seculer would argue the case. I would not go for 268 00:13:28,200 --> 00:13:30,560 Speaker 4: the three point shot there. You want to get through 269 00:13:30,559 --> 00:13:32,120 Speaker 4: the election without a. 270 00:13:32,000 --> 00:13:35,079 Speaker 9: Trial, And do you think that's still possible. I mean, 271 00:13:35,160 --> 00:13:36,880 Speaker 9: you need the Supreme Court to take it up, but 272 00:13:36,960 --> 00:13:38,880 Speaker 9: I guess at this point no, or do you go 273 00:13:38,920 --> 00:13:41,959 Speaker 9: to the appeals Court. And as for the entire Court's decision, 274 00:13:41,960 --> 00:13:43,160 Speaker 9: which is probably not going to be. 275 00:13:43,160 --> 00:13:47,560 Speaker 4: Favorable, address this issue. First, does immunity expire at twelve 276 00:13:47,600 --> 00:13:49,680 Speaker 4: oh one? And I think nine justices, just like in 277 00:13:49,720 --> 00:13:52,199 Speaker 4: this case, would say no, it doesn't. Now go back 278 00:13:52,240 --> 00:13:54,640 Speaker 4: to the I sean, I did this with the President 279 00:13:54,840 --> 00:13:57,880 Speaker 4: Trump's tax returns. We fought the DA, We fought the DA. 280 00:13:58,320 --> 00:14:00,360 Speaker 4: You know, they came out with this you know I 281 00:14:00,440 --> 00:14:02,959 Speaker 4: call muddled ruling. But the one thing they said in 282 00:14:03,000 --> 00:14:05,679 Speaker 4: the last it was what Brett Kavanaugh wrote in his concurrence. 283 00:14:06,040 --> 00:14:09,720 Speaker 4: Nine justices unanimously agree that President Trump can go back 284 00:14:09,760 --> 00:14:13,800 Speaker 4: into the district court and file objections on constitutional grounds. 285 00:14:13,920 --> 00:14:16,320 Speaker 4: Because before that, I didn't know, they didn't know if 286 00:14:16,360 --> 00:14:18,559 Speaker 4: we could do that. The argument was that had to 287 00:14:18,559 --> 00:14:20,320 Speaker 4: stay in the state courts where we were in federal court. 288 00:14:20,720 --> 00:14:24,240 Speaker 4: So you know what I did, filed constitutional objections on 289 00:14:24,600 --> 00:14:29,120 Speaker 4: federal grounds. Took another year, and then you know, Eventually 290 00:14:29,160 --> 00:14:30,840 Speaker 4: the tax returns were delivered. And how much have you 291 00:14:30,880 --> 00:14:31,960 Speaker 4: heard about his tax returns? 292 00:14:33,080 --> 00:14:35,240 Speaker 9: Not much, because I think he paid all those taxes, 293 00:14:35,560 --> 00:14:38,720 Speaker 9: paid a lot. There was a bad moment on MSDNC. 294 00:14:38,880 --> 00:14:41,920 Speaker 9: I've got the tax return. I got the tax return. Oh, 295 00:14:42,000 --> 00:14:44,440 Speaker 9: Donald Trump paid a lot of money in taxes. That 296 00:14:44,520 --> 00:14:46,640 Speaker 9: was a pretty great moment for NBC News, right. 297 00:14:46,840 --> 00:14:48,480 Speaker 4: Anyways, it was the principle of things. So I just 298 00:14:48,480 --> 00:14:50,720 Speaker 4: think he got to think incrementally in some of these cases. 299 00:14:50,720 --> 00:14:54,800 Speaker 4: And everything is not a three point shot at the buzzard. 300 00:14:55,880 --> 00:14:58,560 Speaker 4: Sometimes you're just going into the halftime and you're three 301 00:14:58,640 --> 00:15:00,800 Speaker 4: points down, and you know what, I'd like to go 302 00:15:00,840 --> 00:15:02,800 Speaker 4: in tide. So I could go on the fourth down 303 00:15:02,800 --> 00:15:05,160 Speaker 4: with four to go, and although the percentage to say, 304 00:15:05,280 --> 00:15:06,920 Speaker 4: fifty eight percent of the time I'm going to get 305 00:15:06,920 --> 00:15:08,880 Speaker 4: that first down, but you know, forty two percent of 306 00:15:08,920 --> 00:15:11,320 Speaker 4: the time I'm not. But I'm thirty two yards away. 307 00:15:11,920 --> 00:15:14,520 Speaker 4: My guy can kick a field goal at fifty two yards, 308 00:15:14,880 --> 00:15:16,560 Speaker 4: I'm going to go for the field goal to go 309 00:15:16,680 --> 00:15:20,640 Speaker 4: into the go into the halftime. Even I think his 310 00:15:20,760 --> 00:15:22,640 Speaker 4: lawyers need to be thinking a little bit more like that. 311 00:15:23,520 --> 00:15:26,160 Speaker 9: As we head a new Super Bowl Sunday weekend. I 312 00:15:26,160 --> 00:15:32,080 Speaker 9: think that's the apropo analogy. Jay Seculo, Chief Counsel, American 313 00:15:32,120 --> 00:15:34,320 Speaker 9: Center for Law and Justice, thank you for being well us, sir. 314 00:15:34,400 --> 00:15:35,280 Speaker 1: We appreciate it. 315 00:15:35,400 --> 00:15:40,120 Speaker 7: The New Sean Hennity Show talking about what's right for America. 316 00:15:40,520 --> 00:15:44,240 Speaker 7: Weather renewed commitment to keep you up to date on 317 00:15:44,280 --> 00:15:46,160 Speaker 7: the breaking news stories. 318 00:15:47,040 --> 00:15:48,600 Speaker 9: All right, twenty five to the top of the hour, 319 00:15:48,640 --> 00:15:52,680 Speaker 9: Big breaking news day. The US Superior Supreme Court hearing 320 00:15:52,840 --> 00:15:58,680 Speaker 9: arguments about the issue of kicking Trump off the ballot issue. 321 00:15:59,080 --> 00:16:02,640 Speaker 9: That's the Colorado case. Remember the first the lower court 322 00:16:02,640 --> 00:16:05,040 Speaker 9: in Colorado, they had determined, as who were talking about 323 00:16:05,040 --> 00:16:08,640 Speaker 9: with Jay Seculo, they were very clear in their determination 324 00:16:08,880 --> 00:16:13,600 Speaker 9: that it did not apply the term officer to the president. 325 00:16:14,240 --> 00:16:17,080 Speaker 9: And it was interesting to watch the Supreme Court justices 326 00:16:17,160 --> 00:16:20,400 Speaker 9: bring that up and actually insinuate that the Trump lawyers 327 00:16:20,400 --> 00:16:23,320 Speaker 9: were saying, well, what basically saying, why are you giving 328 00:16:23,600 --> 00:16:26,240 Speaker 9: up on that argument so easily kind of telling them 329 00:16:26,440 --> 00:16:27,600 Speaker 9: that's where our heads at. 330 00:16:28,040 --> 00:16:29,040 Speaker 1: That was pretty interesting. 331 00:16:29,120 --> 00:16:31,160 Speaker 9: So we have all that, but I will tell you 332 00:16:31,240 --> 00:16:35,800 Speaker 9: the bombshell is this report by the Special Counsel Robert 333 00:16:35,880 --> 00:16:41,160 Speaker 9: Hurr as this may be the end of Joe Biden, 334 00:16:41,680 --> 00:16:44,920 Speaker 9: and you're saying, Hannity, how could that possibly be? I 335 00:16:44,960 --> 00:16:49,320 Speaker 9: am telling you, for this special prosecutor to be saying 336 00:16:50,080 --> 00:16:56,040 Speaker 9: the things he's saying about Joe Biden's cognitive state is 337 00:16:56,120 --> 00:17:00,800 Speaker 9: so devastating, Maybe it was easy for them them to 338 00:17:00,880 --> 00:17:05,320 Speaker 9: dismiss me. Maybe the fact that I've been hammering this point. 339 00:17:07,080 --> 00:17:10,440 Speaker 9: I've been unrelenting and hammering this point from the very beginning. 340 00:17:10,480 --> 00:17:13,840 Speaker 9: Clearly I'm in the White House's head. I mean, Corneine 341 00:17:13,920 --> 00:17:17,760 Speaker 9: Jean Pierre trying to justify Biden saying that, Oh, and 342 00:17:18,040 --> 00:17:22,280 Speaker 9: I turned to Francois Meteran. Well, Francois Meteran's been dead 343 00:17:22,320 --> 00:17:26,240 Speaker 9: for twenty seven years, Joe, And well, I turned to 344 00:17:26,320 --> 00:17:26,920 Speaker 9: Helma Cole. 345 00:17:27,040 --> 00:17:28,359 Speaker 1: No, he's he's dead. 346 00:17:28,440 --> 00:17:30,159 Speaker 9: He was dead too at the time that you of 347 00:17:30,200 --> 00:17:32,080 Speaker 9: the meeting that you're talking about, that would have been 348 00:17:32,160 --> 00:17:35,280 Speaker 9: Angela Merkele. And then of course not being able to 349 00:17:35,320 --> 00:17:38,800 Speaker 9: remember Hamas Now what I've been showing you, what we've 350 00:17:38,840 --> 00:17:42,199 Speaker 9: been playing here. You know, I started out doing it 351 00:17:42,240 --> 00:17:45,639 Speaker 9: in a kind of more fun way until it really 352 00:17:46,119 --> 00:17:49,159 Speaker 9: dawned on me that this is not a joke that 353 00:17:49,280 --> 00:17:53,280 Speaker 9: the president of our country is so cognitively impaired and 354 00:17:53,320 --> 00:17:58,040 Speaker 9: so physically weak and so physically frail, because that's what 355 00:17:58,119 --> 00:18:03,159 Speaker 9: we're dealing with. And if I'm corrected by analysis based 356 00:18:03,200 --> 00:18:06,800 Speaker 9: on Robert HER's own comments here putting aside the issue 357 00:18:06,840 --> 00:18:09,359 Speaker 9: of we don't have an equal justice system or equal 358 00:18:09,400 --> 00:18:12,479 Speaker 9: application of our laws, and I'm not putting that aside lightly, 359 00:18:13,400 --> 00:18:17,400 Speaker 9: but for him to be saying the things that he's 360 00:18:17,440 --> 00:18:22,080 Speaker 9: saying in this report, it is just maybe more devastating 361 00:18:22,119 --> 00:18:24,840 Speaker 9: than even bringing charges against them. Now, we do have 362 00:18:24,880 --> 00:18:28,120 Speaker 9: a problem with a two tier justice system. Hillary Clinton. 363 00:18:28,160 --> 00:18:30,880 Speaker 9: Of course, yes, you had this many classified, top secret 364 00:18:30,920 --> 00:18:34,520 Speaker 9: documents that we found, but no reasonable prosecutor would prosecute. 365 00:18:34,520 --> 00:18:37,080 Speaker 9: And we're just going to forget the whole issue of 366 00:18:37,119 --> 00:18:40,879 Speaker 9: the thirty three thousand deleted emails, which I'm sure was 367 00:18:40,920 --> 00:18:44,400 Speaker 9: done accidentally when you applied bleach bit to the servers, 368 00:18:44,840 --> 00:18:47,320 Speaker 9: and when you beat up your devices and destroyed them 369 00:18:47,320 --> 00:18:50,960 Speaker 9: with hammers, and when you remove sim cards. But pay 370 00:18:51,119 --> 00:18:53,439 Speaker 9: very close attention to what the Special Council here, and 371 00:18:53,480 --> 00:18:55,359 Speaker 9: we'll get your reaction to it as well. Eight hundred 372 00:18:55,440 --> 00:18:59,119 Speaker 9: nine point one, Shawn. But he concludes no criminal charges 373 00:18:59,160 --> 00:19:04,800 Speaker 9: are warranted, just like Comy, No reasonable prosecutor would prosecute, well, 374 00:19:04,960 --> 00:19:09,280 Speaker 9: you mean a Democrat, because if they applied the standards 375 00:19:09,520 --> 00:19:12,000 Speaker 9: that they applied to Hillary Clinton and Joe Biden to 376 00:19:12,080 --> 00:19:15,840 Speaker 9: Donald Trump, Mara Lago never would have been rated. And 377 00:19:15,880 --> 00:19:19,000 Speaker 9: the justification her gives is weak, you know, on a 378 00:19:19,080 --> 00:19:21,520 Speaker 9: level that is not even plausible. But this is what 379 00:19:21,560 --> 00:19:25,240 Speaker 9: he says Biden, you know, concluding no criminal charges warranted. 380 00:19:25,280 --> 00:19:27,840 Speaker 9: He said, Biden would very likely present himself to a 381 00:19:27,960 --> 00:19:32,719 Speaker 9: jury as a sympathetic, well meaning elderly man with a 382 00:19:32,720 --> 00:19:37,160 Speaker 9: poor memory. We conclude that no criminal charges are warranted 383 00:19:37,200 --> 00:19:40,560 Speaker 9: in this manner. We would reach the same conclusion even 384 00:19:40,560 --> 00:19:43,600 Speaker 9: if the Department of Justice policy did not foreclose criminal 385 00:19:43,680 --> 00:19:46,800 Speaker 9: charges against the sitting president. Now he goes on in 386 00:19:46,800 --> 00:19:51,879 Speaker 9: his report to say that Biden willfully, willfully retained and 387 00:19:51,920 --> 00:19:56,320 Speaker 9: disclosed classified materials after his vice presidency when he was 388 00:19:56,359 --> 00:19:59,120 Speaker 9: a private citizen, and then he goes on to explain 389 00:19:59,240 --> 00:20:04,400 Speaker 9: these materials included more classified documents about foreign policy in Afghanistan, 390 00:20:04,560 --> 00:20:08,679 Speaker 9: notebooks containing mister Biden's handwritten entries about the issues of 391 00:20:08,760 --> 00:20:13,880 Speaker 9: national security and foreign policy, implicating sensitive intelligence sources and methods. 392 00:20:14,440 --> 00:20:17,919 Speaker 9: FBI agents recovered these materials in the garage offices in 393 00:20:17,960 --> 00:20:23,399 Speaker 9: the basement den of Biden's Delaware home. Biden retained materials 394 00:20:23,400 --> 00:20:25,800 Speaker 9: documenting his opposition to the troop surge and goes on 395 00:20:25,840 --> 00:20:28,640 Speaker 9: to explain them all, Well, what is the difference now 396 00:20:28,760 --> 00:20:33,480 Speaker 9: If you listen to Robert Hurr appointed by the very 397 00:20:33,520 --> 00:20:40,000 Speaker 9: abusively biased and one sided and politicized and weaponized Department 398 00:20:40,040 --> 00:20:43,119 Speaker 9: of Justice of Joe Biden led by Merrick Garland, and 399 00:20:43,160 --> 00:20:46,399 Speaker 9: this guy appointed by Merrick Garland, he realized, well, this 400 00:20:46,600 --> 00:20:49,600 Speaker 9: justification just will make no sense, he said, Well, most notably, 401 00:20:50,040 --> 00:20:54,320 Speaker 9: after being given multiple chances to return his classified documents 402 00:20:54,320 --> 00:20:59,280 Speaker 9: and avoid prosecution, mister Trump allegedly did the opposite. Why 403 00:20:59,280 --> 00:21:02,800 Speaker 9: are you putting in allegations if you don't know, because 404 00:21:02,840 --> 00:21:05,359 Speaker 9: we do know certain things. We know the FBI actually 405 00:21:05,400 --> 00:21:08,840 Speaker 9: went tomorrow lago, saw the classified documents the room, the 406 00:21:08,880 --> 00:21:12,480 Speaker 9: main room that they talked about, and did nothing about 407 00:21:12,480 --> 00:21:14,880 Speaker 9: it except callback you know, a couple of days later, 408 00:21:14,920 --> 00:21:16,919 Speaker 9: and asked for an additional lock to be put on 409 00:21:16,960 --> 00:21:20,400 Speaker 9: the door, which was complied with. They could have taken 410 00:21:20,440 --> 00:21:23,800 Speaker 9: those documents with them and her rights, according to the indictment, 411 00:21:24,200 --> 00:21:28,439 Speaker 9: not only refused to return the documents for many months, Uh, well, 412 00:21:28,600 --> 00:21:31,800 Speaker 9: Joe was so cooperative. He meanwhile, he had materials going 413 00:21:31,840 --> 00:21:33,200 Speaker 9: back to when he was a senator. 414 00:21:34,080 --> 00:21:35,840 Speaker 1: Really that's cooperative. 415 00:21:36,640 --> 00:21:39,720 Speaker 9: Or did the Justice Department, as reports had come out 416 00:21:39,720 --> 00:21:42,680 Speaker 9: at the time, did they tip off Joe Biden as 417 00:21:42,680 --> 00:21:47,159 Speaker 9: it relates to you know, his his entire you know 418 00:21:47,280 --> 00:21:50,600 Speaker 9: issue being investigated, and gave him time to go through documents. 419 00:21:50,600 --> 00:21:52,480 Speaker 9: What they did with them, I don't know, they didn't 420 00:21:52,480 --> 00:21:55,920 Speaker 9: find them all, because they still went in and found documents. 421 00:21:56,240 --> 00:21:58,800 Speaker 9: But that they're you know, they're claiming that that Donald 422 00:21:58,840 --> 00:22:02,119 Speaker 9: Trump obstructed justice by enlisting others to destroy evidence and 423 00:22:02,119 --> 00:22:04,240 Speaker 9: then lie about it. Would that be like Hillary Clinton 424 00:22:04,720 --> 00:22:08,960 Speaker 9: employing others or enlisting others to destroy phones and blackberries 425 00:22:09,000 --> 00:22:12,359 Speaker 9: with hammers and remove sim cards. And who applied the 426 00:22:12,400 --> 00:22:15,560 Speaker 9: bleach bit to the servers? Was it Hillary herself or 427 00:22:15,600 --> 00:22:20,040 Speaker 9: was it other people? In contrast, Biden turned in classified 428 00:22:20,080 --> 00:22:23,840 Speaker 9: documents to the National Archives and Department of Justice consented 429 00:22:23,920 --> 00:22:27,479 Speaker 9: to the search of multiple locations. Well so did Trump. 430 00:22:28,600 --> 00:22:32,240 Speaker 9: That's what's obscene here. He sat for a voluntary interview 431 00:22:32,280 --> 00:22:35,320 Speaker 9: and in other ways cooperated with the investigation. I don't 432 00:22:35,359 --> 00:22:39,680 Speaker 9: even know if Trump was given the opportunity to sit 433 00:22:39,960 --> 00:22:44,000 Speaker 9: down with this the idea that he would likely present 434 00:22:44,080 --> 00:22:46,680 Speaker 9: himself to a jury, as he did during our interview, 435 00:22:47,040 --> 00:22:49,960 Speaker 9: of him as sympathetic, well meaning, an elderly man with 436 00:22:50,040 --> 00:22:53,679 Speaker 9: a poor memory. How would you like to be have 437 00:22:53,840 --> 00:22:57,840 Speaker 9: the president of your country being described this way in 438 00:22:57,920 --> 00:23:01,240 Speaker 9: an election year, or have him as your canidate? Can 439 00:23:01,280 --> 00:23:04,159 Speaker 9: you imagine the ads that could be built around the 440 00:23:04,280 --> 00:23:07,639 Speaker 9: descriptions of the Special Council. Let me go a little 441 00:23:07,640 --> 00:23:11,040 Speaker 9: deeper into the report here. You know in his interview 442 00:23:11,080 --> 00:23:14,560 Speaker 9: with our office, mister Biden's memory was worse. He did 443 00:23:14,600 --> 00:23:18,800 Speaker 9: not remember when he was vice president. Forgetting on the 444 00:23:18,840 --> 00:23:22,800 Speaker 9: first day of the interview when his term ended, if 445 00:23:22,800 --> 00:23:24,960 Speaker 9: it was twenty thirteen, When. 446 00:23:24,520 --> 00:23:26,000 Speaker 1: Did I stop being vice president? 447 00:23:26,960 --> 00:23:31,080 Speaker 9: He's asking the Special Council in this interview, and then 448 00:23:31,119 --> 00:23:33,760 Speaker 9: forgetting on the second day of the interview when his 449 00:23:33,920 --> 00:23:38,000 Speaker 9: term began in two thousand and nine, Am I still 450 00:23:38,080 --> 00:23:38,760 Speaker 9: vice president? 451 00:23:39,160 --> 00:23:39,760 Speaker 1: He doesn't know. 452 00:23:40,560 --> 00:23:44,400 Speaker 9: He doesn't remember even within several years when his son 453 00:23:44,720 --> 00:23:47,600 Speaker 9: Bo died, he didn't even have I guess that's why 454 00:23:47,640 --> 00:23:50,320 Speaker 9: he keeps repeating the false story that he died in Iraq, 455 00:23:51,960 --> 00:23:54,720 Speaker 9: and among other things, he mistakenly said he had a 456 00:23:54,760 --> 00:23:58,600 Speaker 9: real difference of opinion with General Carl I. Can Bury, 457 00:23:58,680 --> 00:24:01,000 Speaker 9: when in fact I can Bury he was an ally 458 00:24:01,040 --> 00:24:04,920 Speaker 9: of mister Biden, cited approvingly in his Thanksgiving memo to 459 00:24:04,960 --> 00:24:09,040 Speaker 9: President Obama. He didn't remember when he was vice president, 460 00:24:09,080 --> 00:24:14,000 Speaker 9: didn't remember when he became vice president. Didn't remember anything. Wow, 461 00:24:14,640 --> 00:24:18,000 Speaker 9: that's a reason not to prosecute him. The best case 462 00:24:18,040 --> 00:24:22,280 Speaker 9: for charges would rely on Biden's possession of Afghanistan documents 463 00:24:22,280 --> 00:24:25,439 Speaker 9: in his Virginia home on February twenty seventeen, when he 464 00:24:25,480 --> 00:24:28,639 Speaker 9: was a private citizen and he told his ghostwriter that 465 00:24:28,720 --> 00:24:32,720 Speaker 9: he had just found classified material. How is that any 466 00:24:32,760 --> 00:24:36,880 Speaker 9: different than what they're claiming Donald Trump did. We conclude 467 00:24:36,880 --> 00:24:39,919 Speaker 9: that the evidence is not sufficient to convict, and we 468 00:24:40,040 --> 00:24:44,600 Speaker 9: declined to recommend prosecution for mister Biden for his retention 469 00:24:44,640 --> 00:24:49,840 Speaker 9: to classified documents. The report points out evidence suggests that 470 00:24:49,880 --> 00:24:52,960 Speaker 9: mister Biden knew he could not keep classified handwritten notes 471 00:24:53,000 --> 00:24:56,679 Speaker 9: at home after leaving office. He had for decades of 472 00:24:56,720 --> 00:25:00,439 Speaker 9: experience with classified information. He was deeply from failiar with 473 00:25:00,480 --> 00:25:04,159 Speaker 9: measures taking a safeguard classified information and the need for 474 00:25:04,200 --> 00:25:07,359 Speaker 9: those measures to prevent harm to national security. And then 475 00:25:07,400 --> 00:25:10,440 Speaker 9: the report points out that when Biden was asked about 476 00:25:10,480 --> 00:25:14,399 Speaker 9: reports that former President Trump had kept classified documents at 477 00:25:14,400 --> 00:25:18,440 Speaker 9: his own home. Biden asked, anyone you know, how could 478 00:25:18,440 --> 00:25:22,879 Speaker 9: anyone be that irresponsible? The report states that while he 479 00:25:22,960 --> 00:25:25,200 Speaker 9: was vice president, he kept notebooks in a White House 480 00:25:25,240 --> 00:25:27,840 Speaker 9: safe for a time, in contrast with his decision after 481 00:25:27,920 --> 00:25:33,560 Speaker 9: leaving office keeping them at home in unlocked cabinets, draws, 482 00:25:34,040 --> 00:25:37,439 Speaker 9: and Biden also knew that his staff decided to store 483 00:25:37,520 --> 00:25:41,360 Speaker 9: note cards containing his classified notes in a secured, compartmented 484 00:25:41,440 --> 00:25:42,600 Speaker 9: information facility. 485 00:25:43,480 --> 00:25:44,560 Speaker 1: Well, that's the report. 486 00:25:45,600 --> 00:25:49,000 Speaker 9: And if he can't remember that when he was present 487 00:25:49,080 --> 00:25:52,080 Speaker 9: vice president, if he can't remember when the year that 488 00:25:52,160 --> 00:25:55,639 Speaker 9: he left office as vice president, if he can't remember 489 00:25:55,640 --> 00:25:59,000 Speaker 9: the year he became vice president, how in God's name 490 00:25:59,040 --> 00:26:03,480 Speaker 9: does this man become president of the United States? How 491 00:26:03,520 --> 00:26:07,640 Speaker 9: do you justify voting for him? What is the justification 492 00:26:07,720 --> 00:26:12,280 Speaker 9: at this point? I mean, it's as devastating as anything 493 00:26:12,280 --> 00:26:16,040 Speaker 9: I've ever seen. There are some really good, sweet baby 494 00:26:16,119 --> 00:26:20,480 Speaker 9: James as I guess, surfing the net, you know by 495 00:26:20,119 --> 00:26:25,520 Speaker 9: his memory was sufficiently significantly limited, both during recorded interviews 496 00:26:25,520 --> 00:26:27,959 Speaker 9: with the ghostwriter in twenty seventeen and in his interview 497 00:26:27,960 --> 00:26:31,439 Speaker 9: with our Office in twenty twenty three, you know, and 498 00:26:31,480 --> 00:26:35,400 Speaker 9: because of all this, Robert Hurr, you know now reporting 499 00:26:35,440 --> 00:26:39,119 Speaker 9: investigators concluding that it would be he'd be well into 500 00:26:39,119 --> 00:26:42,920 Speaker 9: his eighties, a serious felony that requires a mental state 501 00:26:43,000 --> 00:26:43,680 Speaker 9: of willingness. 502 00:26:43,680 --> 00:26:45,640 Speaker 1: Well, that contradicts what I just said to. 503 00:26:45,600 --> 00:26:49,200 Speaker 9: You, what they said, you know that in fact, he 504 00:26:49,320 --> 00:26:53,920 Speaker 9: willfully retained them and disclosed them. Though maybe they're contradicting 505 00:26:53,960 --> 00:26:58,240 Speaker 9: that too, Not really sure. I don't know this. This 506 00:26:58,320 --> 00:27:03,320 Speaker 9: is just devastating, and watch every every single Democrat defend this. 507 00:27:05,320 --> 00:27:07,360 Speaker 9: Nuke Ingrich tweeted out, He'll join us at the top 508 00:27:07,400 --> 00:27:09,879 Speaker 9: of the hour. He would slightly simply present himself this 509 00:27:09,960 --> 00:27:12,920 Speaker 9: way sympathetic, well meaning, how would you like to have 510 00:27:13,040 --> 00:27:15,680 Speaker 9: that as you're candidate for president in twenty twenty four. 511 00:27:16,800 --> 00:27:19,719 Speaker 9: Maybe in the end, maybe this is more devastating. I 512 00:27:19,760 --> 00:27:24,280 Speaker 9: don't know. But it may also mean that Democrats those 513 00:27:24,320 --> 00:27:27,080 Speaker 9: that have been critical like Van Jones who said he 514 00:27:27,160 --> 00:27:30,200 Speaker 9: needs to hide and let others do the talking for him, 515 00:27:31,000 --> 00:27:34,520 Speaker 9: or people like David Axelrod, or you know, people like 516 00:27:34,600 --> 00:27:40,960 Speaker 9: Maureen Dowd, you know, James Carvill. These are not lightweights 517 00:27:41,080 --> 00:27:45,520 Speaker 9: in Democratic circles anyway. Eight hundred and nine point one, Shawn, 518 00:27:45,560 --> 00:27:48,280 Speaker 9: if you want to be a part of the program. Uh, 519 00:27:48,440 --> 00:27:53,080 Speaker 9: let's say hi to Trina. I guess is in Wisconsin. Hey, Trina, 520 00:27:53,080 --> 00:27:55,119 Speaker 9: how are you glad you called hi? 521 00:27:55,240 --> 00:27:55,440 Speaker 4: There? 522 00:27:56,040 --> 00:27:58,959 Speaker 6: You're the expert, so I'm calling you a first time caller. 523 00:27:59,119 --> 00:28:01,720 Speaker 6: I want to know what happens to if Joe Biden 524 00:28:01,800 --> 00:28:05,520 Speaker 6: earns enough delegates to since the nomination for president, and 525 00:28:05,560 --> 00:28:07,800 Speaker 6: at the last minute he backs down and is replaced. 526 00:28:08,560 --> 00:28:11,919 Speaker 6: How does that person get to be the nomination if 527 00:28:11,920 --> 00:28:14,960 Speaker 6: they haven't earned the delegates, or what happens to them? 528 00:28:15,720 --> 00:28:17,600 Speaker 9: Well, at any point, I mean, he could just say 529 00:28:17,600 --> 00:28:20,200 Speaker 9: that he's not gonna he's not gonna run. He can 530 00:28:20,840 --> 00:28:25,040 Speaker 9: you call an audible Lyndon B. Johnson move and say 531 00:28:25,320 --> 00:28:28,119 Speaker 9: he won't you know, if nominated, he's not going to 532 00:28:28,200 --> 00:28:30,679 Speaker 9: accept He's not going to take the nomination at that point. 533 00:28:31,920 --> 00:28:35,359 Speaker 9: My understanding is that the delegates would then probably in 534 00:28:36,000 --> 00:28:40,080 Speaker 9: some smoke filled room, be working the phones and trying 535 00:28:40,080 --> 00:28:43,040 Speaker 9: to find the best candidate they can find. I assume 536 00:28:43,080 --> 00:28:45,680 Speaker 9: they probably the first call would be to Michelle Obama, 537 00:28:45,760 --> 00:28:48,640 Speaker 9: like others have been speculating. I don't I don't think 538 00:28:48,680 --> 00:28:51,280 Speaker 9: that they don't think anybody really wants Kamala harris Or 539 00:28:51,320 --> 00:28:54,880 Speaker 9: approval rating as of NBC's recent poll was twenty eight percent. 540 00:28:55,800 --> 00:28:57,440 Speaker 1: How do you put her in there? She's doing worse 541 00:28:57,480 --> 00:28:58,080 Speaker 1: than him. 542 00:29:00,080 --> 00:29:03,000 Speaker 9: The Nuisan's name comes up again, and you got Gretchen 543 00:29:03,040 --> 00:29:05,240 Speaker 9: Whitmer and people like her. I'm sure her name will 544 00:29:05,240 --> 00:29:07,400 Speaker 9: be bannered about. 545 00:29:07,720 --> 00:29:09,840 Speaker 6: Okay, so they just automatically pass them on. 546 00:29:12,040 --> 00:29:15,320 Speaker 1: I would say that is what they plan to do. Yeah. 547 00:29:15,720 --> 00:29:18,800 Speaker 9: Uh that that if it's going to happen, it either 548 00:29:18,840 --> 00:29:21,320 Speaker 9: happens sooner, or it's going to happen then, or it 549 00:29:21,360 --> 00:29:24,000 Speaker 9: doesn't happen. I mean, those are the three options, which 550 00:29:24,000 --> 00:29:26,960 Speaker 9: I'm stating the obvious real quickly. Anyway, thank you for 551 00:29:27,040 --> 00:29:27,400 Speaker 9: the call. 552 00:29:27,600 --> 00:29:27,840 Speaker 4: Uh. 553 00:29:27,960 --> 00:29:31,280 Speaker 1: Nick is in Long Island, New York. What's up? Nick? 554 00:29:31,320 --> 00:29:33,640 Speaker 9: Are you very well? 555 00:29:33,680 --> 00:29:34,080 Speaker 4: One of those? 556 00:29:34,720 --> 00:29:36,800 Speaker 9: By the way, you have a you have in District 557 00:29:36,840 --> 00:29:44,120 Speaker 9: three in Long Island. Uh, Matt, Well, I'm just telling you, Uh, 558 00:29:44,240 --> 00:29:49,000 Speaker 9: you have Mazi what's her name? Uh, Phillip is running 559 00:29:49,000 --> 00:29:53,200 Speaker 9: against Tom Swazi and that's a winnable seat. So Republicans. 560 00:29:53,280 --> 00:29:55,360 Speaker 9: Early voting I think goes on till Friday, then the 561 00:29:55,360 --> 00:29:57,680 Speaker 9: real elections on Tuesday. But anyway, what's on your mind? 562 00:29:58,600 --> 00:30:01,400 Speaker 11: It's actually in my district. I didn't call about that. 563 00:30:01,480 --> 00:30:04,560 Speaker 11: I called about this trying to take President Trump book 564 00:30:04,560 --> 00:30:08,240 Speaker 11: the ballot. I'm an independent, so I don't have loyalty 565 00:30:08,280 --> 00:30:10,760 Speaker 11: than Trump for Biden, and I don't think you should 566 00:30:10,800 --> 00:30:12,640 Speaker 11: be able to take either one of them are the ballot. 567 00:30:13,240 --> 00:30:15,600 Speaker 11: And I have two words that I think every lawyer 568 00:30:15,600 --> 00:30:18,320 Speaker 11: should say it to any court. You know, with Gus Hall. 569 00:30:19,240 --> 00:30:22,360 Speaker 11: My first presidential election was Ronald Gregan against Giddy? 570 00:30:22,720 --> 00:30:25,800 Speaker 9: Was wasn't he of the communist guy? 571 00:30:25,840 --> 00:30:26,480 Speaker 11: Exactly? 572 00:30:26,560 --> 00:30:27,080 Speaker 4: My point? 573 00:30:27,200 --> 00:30:30,960 Speaker 11: So, if a communist guy can run while we're still 574 00:30:31,000 --> 00:30:33,720 Speaker 11: in a Cold war, who are we to say that 575 00:30:33,720 --> 00:30:36,040 Speaker 11: that Donald Trump or Joe Biden or any other Americans 576 00:30:36,080 --> 00:30:36,560 Speaker 11: can't run. 577 00:30:38,120 --> 00:30:39,440 Speaker 1: The States don't have the riot. 578 00:30:39,560 --> 00:30:39,760 Speaker 4: I mean. 579 00:30:39,800 --> 00:30:43,240 Speaker 9: The more interesting point Jonathan Turley made this was that 580 00:30:43,360 --> 00:30:48,600 Speaker 9: it was the more liberal justices that were harder on 581 00:30:48,760 --> 00:30:51,880 Speaker 9: the arguments being made against Trump than probably anybody. Look, 582 00:30:51,920 --> 00:30:54,959 Speaker 9: I still think it's nine to zero. We'll see anyway, 583 00:30:54,960 --> 00:30:56,880 Speaker 9: when we come back, we'll get newts take on all 584 00:30:56,880 --> 00:30:57,479 Speaker 9: these issues. 585 00:30:57,480 --> 00:30:57,800 Speaker 1: Today. 586 00:30:58,040 --> 00:31:01,160 Speaker 9: Obviously there's beat down by the Special counsel her about 587 00:31:01,200 --> 00:31:05,040 Speaker 9: Joe's cognitive state. More on the oral arguments in the 588 00:31:05,120 --> 00:31:07,720 Speaker 9: Supreme court today, Hey, I want to remind you that 589 00:31:07,760 --> 00:31:11,000 Speaker 9: we all know the atrocities what happened to Israel on 590 00:31:11,040 --> 00:31:14,440 Speaker 9: October seventh when they were attacked the worst terror attack 591 00:31:14,480 --> 00:31:17,280 Speaker 9: in their history by hamas well. The toll on the 592 00:31:17,320 --> 00:31:20,280 Speaker 9: people of Israel has been staggering. It's been massive, hundreds 593 00:31:20,320 --> 00:31:23,400 Speaker 9: of thousands of Israelis forced out of their homes, entire 594 00:31:23,440 --> 00:31:27,440 Speaker 9: communities torn apart. The International Fellowship of Christians and Jews 595 00:31:27,520 --> 00:31:29,520 Speaker 9: they have been right in the middle of this every 596 00:31:29,560 --> 00:31:34,400 Speaker 9: single day, distributing critical essentials like food, medicine, emergency supplies 597 00:31:34,840 --> 00:31:38,320 Speaker 9: for hundreds of thousands of suffering Israelis. They need your 598 00:31:38,360 --> 00:31:42,360 Speaker 9: help desperately. Whatever you can give will be matched today. 599 00:31:42,440 --> 00:31:44,280 Speaker 9: So if you gave twenty five bucks, it'd be like 600 00:31:44,280 --> 00:31:46,240 Speaker 9: giving fifty bucks. You give fifty, it's like one hundred. 601 00:31:46,640 --> 00:31:51,560 Speaker 9: It's support IFCJ dot com. That's all one word, support 602 00:31:52,200 --> 00:31:56,840 Speaker 9: IFCJ dot org. And whatever help you can provide is 603 00:31:56,880 --> 00:31:59,320 Speaker 9: so desperately needed. All Right, when we come back, we 604 00:31:59,400 --> 00:32:02,000 Speaker 9: have a lot of new news that's breaking, Robert Hurry's 605 00:32:02,080 --> 00:32:05,800 Speaker 9: report that basically says Joe Biden is not cognitively fit 606 00:32:05,880 --> 00:32:08,360 Speaker 9: to be a Walmart or Target greeter like I've been 607 00:32:08,400 --> 00:32:11,920 Speaker 9: telling you, and also the arguments before the Supreme Court 608 00:32:12,160 --> 00:32:14,560 Speaker 9: over whether states can kick Trump off the ballot. 609 00:32:14,640 --> 00:32:16,240 Speaker 1: Newkingrich is next in your calls.