
Episode 4082: Wins Against Lawfare And Political Prosecutor Jack Smith ...
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Katie Tur
Of Donald Trump is coming to an end, though not in the way the special counsel had intended. With Donald Trump taking office come January, Smith's cases are likely to die anyway. So now he's taking the steps he can to wrap things up while he has the authority to do so, filing a motion to dismiss both the election interference case and the classified documents case. And while the move isn't unexpected, the consequences could still be significant, namely, what Donald Trump will feel he can now do as president more than ever. Not just the way he wields executive power, but what and who he chooses to wield it against, including in this case, in particular, Jack Smith himself and the team of prosecutors who helped investigate him.
Tom Fitton
Look, I think in some ways, it's a very interesting question, maybe for a law school exam, Katie. In other ways, Mr. Trump can slam the door shut very easily by pardoning himself from these offenses. Now, open question as to whether or not a president can pardon himself. It hasn't happened before. It may happen here. But in the end, I think, Katie, the odds of these cases coming back to life one way or the other are relatively small. If they do come back to life, it's not going to be for, you know, until the end of Mr. Trump's term.
Katie Tur
I think that's a fair assessment, Tom. If I were Jack Smith today, I'd be a little bit nervous. If I was anybody on his prosecutorial team, I'd be nervous as well, especially if I was one of those career employees who was assigned to the job and was just doing as I was assigned. I was investigating, as I, as I was told, following the law and following the crumbs that Donald Trump left where they may.
Lisa Monaco
2 Office of Legal Counsel opinions within the Department of Justice, one during the Nixon years, one during the Bill Clinton years, said that a sitting president cannot be charged. And at the time that he is president. So it was no question that this was going to be dismissed. But if you're going to dismiss it, I mean, why on God's green earth would Jack Smith seek to have this dismissed with prejudice, which means the case is definitively over. And why not just take the, as Lisa said, a flyer. Why not take the possibility that it would be dismissed, you know, without prejudice, and it could be revived later? I do think, though, there is a big. That's sort of like, not surprising. I do think there is an open issue as to whether Jack Smith should have simply waited and not. I mean, what he gets out of this is he gets it much more likely that Judge Chuckin is going to agree that should be dismissed without prejudice, that it's not gone for, for all times and all purposes. But at the same token, by Jack Smith doing this and not requiring the new incoming president to do it himself, he's sort of doing in some ways the future administration's work for it. In other words, to the extent that there's any political hit, I'm not saying there is or isn't, but there's any, why not say, you know what, Donald Trump, if you are going to dismiss a righteous prosecution, you're going to have to do it. We're not going to do it. So it's a trade off because he's getting a more likely dismissal without prejudice on the same, but sort of more into Molly's field, which is sort of political repercussions. He is in some ways doing the work for the incoming administration.
Pam Bondi
He sees this as personal, a personal betrayal. And when he gets his attorney general and I think Pam Bondi will, you know, probably sailed through at this point, he will direct her to start going after people that are within his reach. Because these are people, you know, I was a federal employee when Donald Trump was president. So, you know, I know that feeling. He will go after people who are within his reach as federal employees to charge them, I assume, with some kind of misconduct. And, you know, it's just a complete breaking of norms. It's, it's going to destroy a big part of the rule of law in the United States. But, you know, here we are.
Katie Tur
How do you expect that to happen, him to be going after who he can? Is it through another special counsel or is it, is there another way to go through and start weeding out people? Tom.
Pam Bondi
I don't know. I'm not a lawyer.
Stephen K. Bannon
I was.
Pam Bondi
I worked for the Defense Department in my time. I assume that what he can do is find the superiors of these folks and open cases for some kind of misconduct, for some kind of fireable offense, some sort of, you know, some sort of charge that he can lay against them, that in any other Justice Department, no superior, no, you know, would, would lay that kind of charge against the subordinate. But these are going to be different times. And one question I have, I suppose I wonder how many people he'll have to go through, how many people will resign rather than do that. But, you know, the process for punishing federal employees is pretty well laid out and the misconduct has to be pretty clear. So it's going to be he's going to have to get people that are willing to kind of, you know, to violate the sense of all those rules in order to get at those people. But I don't see anything stopping him and anything that could be a guardrail or prevent him from doing it.
Tom Fitton
Trump plans to fire Jack Smith's team use DOJ to probe 2020 election. Trump is also planning to assemble investigative teams within the Justice Department to hunt for evidence in battleground states. That fraud tainted the 2020 election. One of the people said. So to your point, Frank, those lawyers, his lawyers are there to validate for him his deranged thinking about the 2020 election, that the entire system was put up, you know, put upon against him. The fraud was rife that he, of.
Stephen K. Bannon
All the people on the ballot in.
Tom Fitton
2020, he was the only one who, who was targeted. That use of the department is also something that's going to be very, very problematic because it's going to distract from the necessary work it has to do real time, otherwise.
Stephen K. Bannon
Yeah, the first thing that comes to mind here. Well, two things.
Tom Fitton
One is he talk about weaponizing the government and the doj, they're going to devote resources to pursuing people who he disagrees with politically. Career investigators at FBI, prosecutors at DOJ who simply did their job, who have, who have spouses and kids and just have a normal. Want to have a normal life and not get pursued, possibly having to flee the country. I'm telling you, I'm talking to former colleagues who are wondering whether they need to move out of the country because there are going to be cases against.
Stephen K. Bannon
Them, fabricated, made up, and talking about firing staff.
Tom Fitton
If you got to do that by getting away of civil service protections. And that means lawsuit after lawsuit after lawsuit. And what can the FBI and DOJ really be doing? Like chasing pedophile rings, like taking down violent gangs in your city. But no, we're going to dedicate a workforce to pursuing Trump's enemies. It's going to come to an impasse and it's going to be in the courts forever.
Stephen K. Bannon
This is the primal scream of a dying regime. Pray for our enemies because we're going medieval on these people. I got a free shot on all these networks lying about the people. The people have had a belly full of it. I know you don't like hearing that. I know you try to do everything in the world to stop that, but you're not going to stop it.
Tom Fitton
It's going to happen.
Stephen K. Bannon
And where do people like that go to share the big lie? MAGA media. I wish in my soul, I wish that any of these people had a conscience. Ask yourself what is my task. And what is my purpose? If that answer is to save my.
Tom Fitton
Country, this country will be saved.
Stephen K. Bannon
War room. Here's your host, Stephen K. Ban. It's Monday, the 25th of November, the year of our 2024. Are you kidding me? You care about DOJ resources? Spent $50 million. Hey, bro, the FBI guy there at the end whining and crying. What's so disgusting about you guys? We took it like men. We fought back. We never backed up an inch. Some of us went to prison. We never backed up an inch. And today, today is a crushing victory for President Trump in the MAGA movement. Jack Smith drops it all. Damian Williams, the corrupt source, a scumbag at Southern District New York, running away. You guys can't run. Run all you want. And the guy, the FBI crime, the guy on msnbc. Oh, it's so terrible. They're going to have to get lawyers. Yeah, you're damn right you're going to have to get lawyers. You're damn right you're going to have to get lawyers. You're damn right you're going to have to get lawyers. You guys are going to be investigated and you're going to be crushed because you're a bunch of criminals and you use state power to try to destroy the populist movement. And you failed. You didn't destroy Trump and he certainly didn't destroy us. You gave us your best shot. You know what? It wasn't good enough. And now we're coming for you today. Look at them scramble. Look at these rats leaving the ship. Run everywhere you want. You better be damn sure the United States does not have an extradition treaty because we're going to extradite you guys back here to stand trial and then go to prison. And I can tell you, coming out of Danbury Prison is not going to be that good for you guys. Nope, nope, nope, nope, nope. Not going to be good for you, Jack Smith. Not going to be good for you. DAMIAN Williams, FBI. I want to play this is. But this is MSNBC at its height. The genius Katie Turkey is a Katy Turpiece. Cut from that. First, just play that little clip of Katie Tur. I want you to play this, and I'm going to go back in history and tell you who makes this argument. Let's go and play it.
Katie Tur
And Tom, if I were Jack Smith today, I'd be a little bit nervous. If I was anybody on his prosecutorial team, I'd be nervous as well. Especially if I was one of those career employees who was assigned to the job and was just doing as I was assigned. I was investigating, as I, as I was told, following the law and following the crumbs that Donald Trump left where they may.
Stephen K. Bannon
You know who made that argument? Field Marshal Herman Goring actually made a very coherent argument of the individuals in the German government and the Nazi regime. They said, hey, look, what are you talking about? Crimes against humanity. This was German law. And we were just following German law at the time. We didn't do anything wrong. We obeyed the law. We were just civil servants just doing our job to initiate the war that killed, I don't know, a couple hundred million people and to eradicate the Jewish population. They try to eradicate, I guess the gay population. They try to eradicate many priests. They said, we're just doing Katie Turr almost word for word. That's how the SS and the Nazis try to get off the hook at the Nuremberg trial. Wasn't good enough then and ain't gonna be good enough now. Sorry, just doing your job. We need to see FBI and DOJ come forward before the 20th of January. You need to come out with your hands up and tell we need you guys to roll. And Brian Kilmeade, if they're not rolling and not talking and not chirping, then they're part of the problem. Julie Kelly, you have courageously followed this from early 2021. It is a massive victory today for you. Ma'am, we could not have done this without you. Tell me, tell me, what does it feel like today? What are your initial thoughts about this epic day where President Trump finally crushes the criminals that came after him and DOJ and the FBI, Ma'am.
Julie Kelly
You know, Steve, I just published Judge Tanya Chutkan's order officially dismissing the January 6th case. And like I do with all these motions, I'm saving it on my laptop and I'm actually writing out Judge chutkan's order dismissing J6 case. And it's a surreal moment, I'm not going to lie. I mean, it's, this was something that everyone was convinced would go to trial before this election that would result in Donald Trump going to jail at some point. They did everything in their power to try to rush this case to trial, including Judge Chutin setting that unprecedented, untenable, which it was, seven month schedule between this historic criminal indictment and trial in Washington D.C. so I have to say it's pretty surreal thinking of all the times, well, when I sat in that courtroom, the three separate hearings and going over all the motions and all the machinations here. I'm so happy for the president, for his family, I'm happy for the country. But our work is just beginning steep because there are going to be calls, and we know this from weak Republicans in Washington saying, let's just move on. Right? We need to move on.
Stephen K. Bannon
Screw them, Screw them. Screw them, Screw them. They didn't win this victory. The populist movement, the war room posse, we won this victory. President Trump's courage came back. Screw the Republican Party, screw the donor class, screw the elites up there in Capitol Hill. This is our victory. Hey. And our victory is righteous. Our cause is righteous. And we must for the American republic. It's not about retribution. This is about setting things right. We can never allow this to happen again. This was like Stalin's Russia. This is what the Bolsheviks do. We're going to do everything and it's going to be totally out transparent. It's going to be out in the open. But we are going to bring justice to these criminals. And that's exactly. Damian Williams, you're a criminal. The deputy at SDNY, you're a criminal. About 50 of the lawyers. SDNY, you're criminals. The Justice Department, Jack Smith, Lisa Monaco, Merrick Garland, you are criminals. You are criminals and you're going to be brought to justice. Short commercial break. We got Mike Davis, Julie Kelly to kick things off. The great James O'Keefe is on deck. All in the war room. The will is done. Could you be, could it be true that everything you're. Big victory on the 5th of November. Now the work can finally start on the big issues facing the country. One of the biggest is the national debt and the deficits that drive it. Hey, you think the country's broke? The country is broke. We're just printing money to keep this house of cards going. The strategy remains the same for you. You got to diversify, diversify your savings. That's why buy gold from Birch Gold. So many things are out of your control, out of the President's control. It's important to have a safe haven for your savings. Birch Gold Group, my gold company, will help you convert an IRA or 401k into an IRA into physical gold. Let me repeat that. Convert your IRA or 401k into an IRA in physical gold. And the best news, it doesn't cost you a penny. Text BAN into 989898. Get your free info kit. Plus right now through Black Friday, you receive a free 1 ounce Silver Eagle for every $5,000 you purchase. Let me repeat that, a free 1 ounce Silver Eagle for every $5,000 purchased. Protect your savings with Birch Gold. Text Bannon to 989898 and claim your eligibility for your free silver today.
Katie Tur
This is not unexpected. What is unexpected is that Jack Smith is looking to dismiss these cases without prejudice, which of course, leaves the possibility that they could be reopened at another point in time. On one hand, Alicia, it could be totally meaningless. One, to dismiss the cases without prejudice means that you're taking a flyer on whether or not they can be told or paused while Trump is in office. And of course, there's the other possibility that could render them meaningless, which is that he could just pardon himself. But Jack Smith essentially saying, today, I'm willing to take the possibility of a toll. And if you want to pardon yourself, that's on you. You have to do that. I'm not going to let you off the hook that easily. I'm not going to absolve you of that.
Stephen K. Bannon
I'll go. Let me have you. Hey, screw Jack Smith. You're not going to get a part. Trump doesn't need a party because he's innocent. Here's how I'd be looking for pardons is Jack Smith, you wait. You wait to Biden. Biden's way. Dropping pardons all over those guys. You watch them, you watch them, you watch them. Mike Davis, how big a day was this, sir?
Tom Fitton
Well, it's a huge day. And it vindicates what we've been saying on this show, Steve, for over two years that this was blatant lawfare and election interference by President Biden. And these Democrat prosecutors like Jack Smith, Fannie Willis, Tish James, Alvin Bragg, Chris Mays, they run this unprecedented law fair and election interference. And they said, oh, the election doesn't matter. We're doing this because we're pursuing the law. So why are they dropping these cases right after the election if it wasn't about lawfare and election interference? And what needs to happen. These Democrat prosecutors and witnesses and operatives and even judges who engaged in this unprecedented law fair and election interference must face severe legal, political and financial consequences. And that includes a criminal probe under 18 USC section 241, conspiracy against rights. Jack Smith is very familiar with this statute. It's one of the charges he brought against President Trump in this bogus, his bogus January 6th case in DC for the non crime of objecting to a presidential election, which is allowed by the Electoral Count act of 1887 and the First Amendment. This is very destructive. What they did, they came after President Trump, his top aides like you, Steve Bannon and Peter Devaro, who went to prison. His supporters on January 6, who were politically persecuted. His parents outraged by gender chaos in schools and the resulting rapes and bathrooms. It is unacceptable. What? Joe Biden, Merrick Garland, Jack Smith, Lisa Monaco, Christian Clark, Tish James, Fannie Willis, Alvin Bragg, Matthew Colangelo, Chris Mays. All of these Democrat operatives engaged in a criminal conspiracy against rights. And they must face severe consequences for this so it never happens again. As they say, nobody is above the law. If they've done nothing wrong, they shouldn't worry about anything. And of course, a grand jury in Fort Pierce, Florida, can bring these charges. And if a grand jury brings these charges, they're legitimate, right?
Stephen K. Bannon
Yeah, I. According to the grand jury system. Right? Or at least they. At least they get you into the process. Mike, hang on for a second. Give me. It's 18. Can you give me that code again?
Tom Fitton
Jack Smith is very familiar with this. It's 18 USC section 241, conspiracy against rights, A very serious federal civil rights felony. Many years in prison. That's when government officials conspire amongst themselves and including private citizens like Andrew Weissman and Norm Eisen and others. When they conspire to violate the constitutional rights of Americans. You're violating 18 USC Section 241. And when you politicize and weaponize intel agencies and law enforcement to go after your political enemies for non crimes, that is the very definition of a violation of 18 USC Section 241. Again, nobody's above the law. Lawyer up, guys.
Stephen K. Bannon
Lawyer up. Andrew Weissman, the young producers at msnbc. Call Mommy and Daddy tonight and ask them, hey, do I need to get the family lawyer involved in this? Yes, you do. Lawyer up. Preserve your documents. Julie Kelly. Mike Davis went there. Did he actually say judges? You've sat in courtrooms for the last three or four years, ma'am. He expands this conspiracy out to the judges. Do you think he's onto something there, ma'am?
Julie Kelly
Oh, absolutely. Especially in terms of all the January 6th prosecutions. These judges allowing the bogus 1512 obstruction of an official proceeding statute to go forward in more than 300 cases, including Jack Smith's J6 indictment, sending people more than 100 defendants to jail on account that the Supreme Court determined on June 28 that the DOJ wrongfully applied in these cases. The judges were all in except for one, your judge, Carl Nichols. Also, furthermore, yes, these judges denied every single change of venue motion filed by all of these defendants, refusing to move trials out of Washington D.C. even as the January 6th select committee is holding their televised performances and in some instances naming defendants who are on trial or about to go on trial and undergo jury selection in their cases. So, of course, the judges are part of this conspiracy. And as far as Jack Smith's J6 indictment, Judge Chutkan is as well. He was nothing more than a rubber stamp from the very beginning, as I said, fast tracking this. Seven months between indictment and trial, denying, imposing a gag order on the president. It stayed in place during the presidential campaign, allowing Jack Smith to file this laughable immunity brief right before the election as early voting was starting so he could reinject January 6th in the headlines. I mean, the malfeasance by Judge Chutney continues even to this day because she granted the motion to dismiss without prejudice. Now, this is something that she could have had some judicial leeway and she herself suggesting in her order just filed a few minutes ago, that this case could actually be revisited once Donald Trump leaves the White House. That is a lie. It cannot be. And furthermore, even if Donald Trump had lost the election fee, this case would never have survived another immunity test by the Supreme Court. It was a dead letter indictment, both because of the immunity ruling and the Fisher ruling, 1512, that overturned how DOJ had applied that statute in this case as well. So there's nothing alive in this indictment. So for Jack Smith and Tanya Chucks in to suggest that today, and then you hear, you know, the mouth, you know, the legal experts, you know, huffing and puffing that somehow in their dreams, this case might somehow go to trial, you know, be relitigated starting in January 2029.
Stephen K. Bannon
Ludicrous.
Julie Kelly
It's absurdity. And this is another example of Judge Chutkan working hand in glove with the DOJ and Jackson, they're not smirched Donald Trump and keep this, in a way hanging over his head.
Stephen K. Bannon
Yeah, it's not going to hang. Come on. I agree. They're trying. They're, they're hopeless. Mike Davis, some historical perspective, sir, since you've been and probably done more hard laboring in the vineyards here to get Supreme Court, particularly Judge Justice Gorsuch, who's so brilliant, you clerk for him and then help with Kavanaugh Grassley to get these things confirmed. In the history of this country, including Watergate, has there ever been a scandal of our judicial system at this scale where you talk about state court and state court judges, you talk about attorneys generals of state, you talk about local prosecutors in Fulton county and in Manhattan, some of the biggest metropolitan areas, you have, you Talk about federal judges in D.C. which is supposedly the first among equals of all the federal courts. On and on. You got the J6 committee. You have members of Congress. I mean, the scale of this from Capitol Hill to Phoenix to Atlanta to the heart of Manhattan, right, to the federal bench in Washington, D.C. which is supposed to be the premier federal bench. Has this country ever seen a scandal at this scale about our legal and judicial system, sir?
Tom Fitton
No. And it started with Crossfire Hurricane. Remember that? Remember what happened there? Hillary had her illegal home server as Secretary of State with our nation's most classified secrets. She also had evidence of pay for play, foreign bribery schemes. The Clinton Foundation's taking tens of millions from these foreign shady actors. The Secretary of State could be doing official acts in exchange for that. She gets caught with the server. She destroys the server with bleach. Bitch. She destroys the phones with hammers. But guess what? Our worst enemies, China and Russia, almost certainly hacked it. They had a copy. And Hillary was afraid this was gonna come out before 2016, so she made up the Russian collusion hoax. Perkins Coie, the law firm made up the Steele dossier. They went to the FISA court. They spied on Trump as a candidate. They spied on Trump as the president. And they were trying to do this because if this damning information came out, they wanted to be able to say this was a campaign dirty trick. Trump colluding with the Russians. You say that's crazy. How could you believe that? They did the same thing with Hunter Biden's laptop in 2020, CIA worked with 51 former intel officials said Hunter Biden's laptop of the Biden corruption had all the hallmarks of a Russian disinformation campaign. Deplatformed, censored the New York Post, America's oldest newspaper through the 2020 election. If the American people knew about this corruption, there's no chance Biden would have been in the White House for four years. And then Trump declassified Crossfire Hurricane. They were going to release it. The FBI, the intel agencies ran to Mark Meadows, the chief of staff, and said, you can't do this. It will reveal sources and methods. It will violate. Violate the Privacy Act. Mark Meadows, the day they left office in 2021, says, do your Privacy act review. Publicly release these declassified Crossfire Hurricane. They didn't do that. Instead, they did the Mar A Lago raid with another corrupt judge. Magistrate Judge Bruce Reinhardt, who had recused from Trump's civil lawsuit against Hillary for Crossfire Hurricane six weeks prior, ordered the unprecedented raid on the office of former president for presidential records. He's allowed to have Jack Smith indites down in the Southern District of Florida. He gets a, from his perspective, a fair judge, Judge Eileen Cannon. They bring another indictment. This is what this law fair is all about. There must be consequences.
Stephen K. Bannon
It's just hang on one second, I'm going to issue. St. Julie Kelly and Mike Davis join us on a historic day and ain't even talking about the stock market at an all time high because of President Trump and his secretary of the treasury all next here in the war room. When the doctors at Brick House Nutrition announce a Black Friday sale, it's a big event. Now is the time to save a bundle while you reboot and optimize your health. This is the biggest sale of the year on everything. That includes field of Greens, the life changing superfruit and vegetable drink that promises your doctor will notice your improved health or your money back. The Black Friday sale also includes Lean, the physician formulated weight loss phenomenon that helps turn and burn excess fat into energy. Even radiance, the collagen accelerator with four times more health and anti aging power than that influencer collagen. Yay. That's on sale too. From weight loss to sleep aids, from creatine to whole food bars, they're all on Sale. Visit fieldagreens.com and use code SALE that's promo code SALE@FieldofGreens.com and do not forget, that's promo code SALE@ FieldofGreens.com here's your host, Stephen K. Bannon. Boris Epstein is going to join us in a minute. Want to go to St. Julie Kelly? I just want people to put in this perspective. When President Trump left the White House, they all stay powered. They had the House against him, the Senate against him, Mitch McConnell dumping on him, all the Republican donors dumping on him. You know what we had when they brought all the state power, just like the Nazis did, just like the Bolsheviks did with the judges and the courts and the lawyers and they investigated FBI, all of it, the American Gestapo, FBI. What did President Trump have? What did the forces of light have? We had a woman that's not a lawyer, that's Julie Kelly going into courts and seeing this J6 stuff and saying this is not right. We had Mike Davis, one man who started Group article three, we had Boris Epstein and Boris will tell you couldn't even get lawyers, the big law firms because the clients came to the lawyers, said you can't work with Trump and Bannon in that crowd. They're insurrectionists. They're bad guys. The media tells us bad guys. You can't, you couldn't get any of the big law firms. None. This was one of the greatest political victories in American history. This turnaround and what President Trump's legal team did is monumental with lack of resources, lack of personnel against the entire legal apparatus in these corrupt judges. Where I'm glad that Mike Davis said, I want these judges to understand you're not going to hide behind your cloaks. We're coming for you too. You are corrupt. What you allowed to happen in that D.C. courtroom and what you allowed to do to these J6 people and send these to prison? Benny Thompson, you're corrupt. Liz Cheney, your corrupt. Preserve your documents because we're coming after you. You people are criminals and you put people that didn't have the money to defend themselves. You put them in prison and you destroyed their lives and you tried to break them. You got a 70 year old gold star mother in a prison in Colorado right now. Okay? And a prison in Colorado totally made up charges. You people are revolting. Your disgust. And Damon Williams and Jack Smith, you can quit and run. Andrew Weissman, you can run wherever you're gonna run. The long arm of the law is going to track you down and you're gonna be held accountable. Julie Kelly, any closing thoughts? I know you got a lot you're working on, ma'am.
Julie Kelly
Steve, I just want to thank you for covering all my work from the very beginning. I think there were two important things. Number one, unraveling the January 6th narrative, exposing it on the bed of lies that it depended on. I want to give a shout out to Darren Beatty, who I call my J6 husband, because we were one of a tiny handful of journalists uncovering lie after lie, coverup after coverup about January 6th. And I think helping to unravel that helped the President because that was not as effective of a cudgel by the Democrats in this election campaign as they thought it would be. And then for covering my work in both cases in Florida and in Washington and bringing these corrupt cases and dirty prosecutors, guest Jack Smith, Jay Brett, David Harbach, Tom Windham, Molly Gaston, what they did in court and behind the scenes and you know, covering, helping to bring my work, my coverage to the war room posse and letting people know how serious this law there was, is, and that it needed to end and that people, officials needed to be held accountable. So again, this is just the beginning of our work. We need to keep, you know, bringing out or demanding courage by Republicans in Washington who are not going to want to take up prosecuting the prosecutors and the investigators and even the judges. But it has to happen. This is not America. Steve I would walk out of those courtrooms in Washington and I would think my grandparents did not liberate the free world in World War II and help build this country so I could have these low life judges and prosecutors do what they were doing to American citizens in our nation's capital. And they all feel this loss today. And that's, that's pretty gratifying. But again, still a lot of hard work ahead.
Stephen K. Bannon
Julie, social media, substack, all of it. Where do people go to track all your amazing content, ma'am?
Julie Kelly
Thanks, Steve. I'll have a piece up on my substack shortly. Declassified with Julie Kelly. I also have written a lot about both of these cases for real clear investigations. And you know, I post a lot of breaking news. Won't have much, but we will later on JulieKelly too. And thank you again, Steve. And thank you again, Mike Davis, for your toughness and your courage as well, because we wouldn't be where we are now without the work of Mike Davis.
Stephen K. Bannon
Julie, hang on for one second just before you go. I want everybody. Julie's a perfect example. She's not a lawyer. This is just somebody that got, went to the court and every day recorded and saw the injustice and saw how they were breaking families and just recorded. She's not a lawyer. Any of you in this audience, by using your agency. She's the best example we have of somebody used their agency and became a major player in this through something called hard work, grit and determination. Julie, you're a hero. You're an American patriot and a hero. Thank you so much.
Julie Kelly
Back at you, Steve. Thank you so much.
Stephen K. Bannon
Mike Davis. I want to talk about the judges again. And this gets back, does it not, to the unitary theory of the executive. That what the president is the CEO of the country. In the Constitution, he's the commander in chief of the armed forces, but the Constitution is that he was the chief magistrate and the chief law enforcement officer. The founders of the nation wanted it all to come to one office and one person, right? So that you can keep track of it. After Watergate, what happened in Watergate inside the executive branch, they hoved it off and the Justice Department became its own entity and people started talking about the attorney general being the chief law enforcement officer, which is just not what the Constitution says. Then you've seen this thing spinning out of control. Administration after administration and particularly Republicans have not been blameless but particularly with like in the Clinton administration, the Obama administration, now the Biden administration, where you have embedded into the Justice Department these radical lawyers coming out of these radical law schools that are essentially Marxists, they're Bolsheviks in there, and they've tried to destroy the country. But you cannot pass on the judges. The reason this scandal is so massive that this cuts right to the bench. It's just not about lawyers. It's just not about doj. It's just not about the US Attorneys. This goes right to the bench and it goes to the bench in the premier federal court in the United States of America, and that is Washington, D.C. sir.
Tom Fitton
Yeah. These judges who were co conspirators in this conspiracy against rights under 18 USC section 241 for participation in this blatant Democrat law fair and election interference must also be investigated. Right. These judges are not above the law. And when they take off their judicial robes and put on their partisan Democrat pom poms and engage in this lawfare and election interference, they are culpable. And we saw this with D.C. judge, former Chief Judge Beryl Howell when she eviscerated 250 years of constitutional executive privilege. She eviscerated attorney client privilege. She was the one who ran the grand jury process on this law fair. We see this with DC Obama Judge Tanya Shuckens and Julie Kelly just laid this out. How she violated so many different norms. She put illegal gag orders on a criminal defendant, which violates that criminal defendant's First Amendment rights. You see that? She politicized and weaponized her courtroom. She let Jack Smith put on a partisan case. Highly unusual, unprecedented partisan presentation right before the election. It's just unbelievable what they've done. They did this up with Judge Geron in New York, right, where he ran a partisan clown show. Another unconstitutional gag order, clear violation of President Trump's constitutional rights. It happened with Judge Juan Merchandise, his adult's daughter. Merchandise, adult daughter is raising money off of this case. The Biden campaign and Kamala campaign were paying Lauren Merchandise, the daughter. It required Mershon's recusal under New York statutes. And how did Judge Mershon respond to the recusal motion? He threatened to put Trump in jail if he mentioned this recusal issue with his daughter. Again, it's happened in all of these different jurisdictions. So it's not just the Democrat prosecutors and witnesses and other operatives. It is also these judges who must be probed under 18 USC section 241, conspiracy against rights. It's a very serious federal Civil rights felony.
Stephen K. Bannon
Mike. The scale of this, it goes from Colorado to Arizona up to Michigan to downtown Manhattan to Georgia. It centers around Washington D.C. both Capitol Hill and primetime TV night after night after night. It goes to the federal bench there, which is this revered federal bench. The scale of it goes to the US it goes to the Southern District of New York. It goes to the Main justice, it goes to the Criminal Division. Can this be handled in your professional opinion? In anything but Attorney General Pam Bondi, once she's in the saddle to sit there and designate a special counsel. Do we need. And I know you're like me, you're not a big name and naming special counsels all the time. But is something of this such a scale and you have to move with some quickness because you don't want to drag on for years and years and years, although it might just the scale of it. But do you want to just have one group that hires people and does this full time, Sir? Or do you handle this inside of Maine Justice?
Tom Fitton
I'm for all of the above. There must be accountability. It needs to be done through the Office of Professional Responsibility at Maine Justice. It has to be done through the Office of Inspector General, through Maine Justice. It has to be done through the Criminal Division of the Justice Department, the Public Integrity Section, the US Attorney's offices in the Southern District of New York and D.C. the Southern District of Florida, the Northern District of Georgia, the District of Arizona. This is a massive scandal. This is the biggest scandal in American history. Where we have the law enforcement, you have the Obama White House politicizing and weaponizing intel agencies and law enforcement to make up Crossfire Hurricane. It continued through the Biden White House, the Biden Justice Department, where they unleashed these bogus, unprecedented criminal prosecutions, where they're coordinating with the Biden White House through Jonathan sue, his deputy White House Counsel, through Matthew Colangelo getting deployed to Bragg's office from Nathan Wade, billing his time to meet with the Biden White House, including the White House counsel. 16 hours, 250 an hour for two meetings. $4,000 for Fulton county taxpayers. This is an obvious criminal conspiracy at the highest levels. Working with all these Democrat prosecutors and witnesses and operatives and yes, judges. We left out Bruce Reinhart down in the Southern District of Florida who had recused from Trump's civil lawsuit against Hillary on Crossfire Hurricane. Six weeks later, that recusal issue somehow goes away and he orders the unprecedented raid on the office of former president for presidential records. He's allowed to have under the presidential records act. This is a massive scandal. It needs to be fully investigated so this never happens again. And the House and Senate Judiciary committees, Appropriations committees and Oversight committees also need to aggressively probe this.
Stephen K. Bannon
The biggest scandal in American judicial or political history right here. And we're to cover every second of it. Mike Davis, Article 3 Project where do people go to sign up? Where they go to get all the information about you on social media, sir.
Tom Fitton
Article3project.org Article number three project.org we are going to have your backs for these prosecutors and witnesses and judges, judges who bring accountability to this republic ending Law Fair. Article3project.org, you can donate. Follow us on social media and take action. And thank you, Steve.
Stephen K. Bannon
Thank you, brother. Appreciate you. Okay, we're going to take a short commercial break. We're going to try to get by phone the architect of President Trump's historic defense, someone, an individual who faced the longest of long odds four years ago, Boris Epstein. Remember, Boris was on the tarmac when President Trump left to go back to Mar A Lago. And the legal difficulties with him started shortly thereafter. The architect of his historic defense, Boris Epstein, will join us after a short commercial break. Bring it on. And I will fight to the end Just watch and see it's all started everything's begun and you are over Cuz we're taking down the CCP Spread the world all through Hong Kong we will fight till they're all gone we rejoice when there's no more let's take down the ccp you ever think, how can I work this hard and still be in debt? The piles of overdue bills, the threatening phone calls and never having money to do anything, it's just won't stop. You're trapped in debt. Done with debt is the way out. They've developed aggressive new strategies to end your debt permanently. Done With Debt stands between you and harassing bill collectors. They tirelessly negotiate with your creditors to lower or even forgive what you owe. And they do it all without bankruptcy or new additional loans. As one client raved, quote, our phone call saved us a fortune. I wish we did this long ago. End quote. Bottom line, Done With Debt has unique strategies to get you out of debt faster and put more money in your pocket every month. But you need to hurry because some debt solutions are time sensitive and you don't want to miss out. Visit donewithdebt.com talk with one of their debt relief strategists for free. Let me repeat that. Go to donewithdeb.com and talk to one of their Debt relief strategists for free. You have nothing to lose except your debt. Go to donewithdebt.com that is done with debt. Calm. Do it today. Action, action, action. Here's your host, Stephen K. Ban. An absolutely historic day in the United States of America. And, folks, this is your victory. You had President Trump's back from the very beginning. And it had been so easy to surrender, so easy. Look at them. They're all leaving the country and running away. Did you leave the country? Did any people that fought this leave the country? Did President Trump leave the country? No. He turned around and said, no, I'm going to fight this and I'm going to come back and win the presidency for the third time. The architect of this and a guy we've been through a few dark days with. Boris Epstein joins us now. Boris, when you, you were the guy on the tarmac when Air Force One took President Trump back to Mar a Lago on the 20th of January of 2021, the odds looked long then and looked longer after the entire prosecutorial, investigative and judicial apparatus of the United States government and state governments came after him. You're the architect. Tell me what this day means to you, sir.
Boris Epstein
Steve. Honored to be with you. Honored to be with the posse. And it is such an honor to have been a small part of the team working for President Trump and helping coordinate the genius attorneys who fought at every single stop, they fought at every turn to prevent Jack Smith, the weaponized Justice Department, the state cases, to prevent them from stopping history. History. Being President Donald J. Trump being elected and coming back into the White House so he can make America great again. That's been achieved. It's a huge day for America. It's a huge achievement for President Trump, maga and vitally, the American people. Look at the tens of millions of dollars with taxpayer dollars wasted. Look at all of the heartache caused by the man. President Trump stood strong. The American people stood strong, reelected him in a sweeping mandate. And here we are on the eve of President Trump walking back into the oval office on January 20, 2025.
Stephen K. Bannon
Boris, what people don't understand is the with no resources, outgunned, with no resources, no access, so many big law firms wouldn't take the president on because of the pressure of the progressive left in the media to chase their clients away. And people don't understand, not just the hard work, folks. There were thousands of decisions and all these different cases and all these different venues, from civil to all, you know, they're coming at him from everywhere, from Arizona To Colorado, Michigan, Manhattan, federal courts, civil lawsuits, thousands of decisions, and you and the legal team giving advice to President Trump and him making the ultimate decision. Guess what? You won out everywhere. That's what's so absolutely stunning about this. Tell us about that. Tell us about being in the moment. Those decisions, the long nights, the tough calls, what was it like?
Boris Epstein
See, here's the thing. When you are working for such a visionary, for somebody who's as strong and determined and forward looking as President Trump, it feels like second nature. There was never any concern, there was never any fretting. We knew that in the end, President Trump, the American people, the rule of law, would win out. And that's exactly what happened. Between the huge wins on immunity by John Fallon, Will Scharf, the legal team there, the absolutely full of strength battle in New York by Todd Blanche, Emil Bove and others, John Laurel, Greg Singer in dc, Steve Sadow in Georgia. These are absolute and total killers, absolute and total patriots. And under the leadership of President Trump, they stood strong, they fought and that's how we got here.
Stephen K. Bannon
You know, Boris, this is not about retribution. It can't be. Everything that goes forward has to be transparent. But we can never allow, if we have any work to do, it's to make sure this is never allowed to happen again. Am I correct in that, Sir Steve, you're a thousand.
Boris Epstein
You couldn't be more correct. Our full and total focus has to be now, rooting out the rot, making sure weaponization is over, there's no more law fare. Our country has to go back and function as a nation of laws and where laws are not used and misused and abused to go after political opponents. Now it's about government, it's about governing, it's about ending the absolute free for all. The southern border. It's about stopping violent crime, making sure our adversaries and allies alike are respecting America. And that's exactly what's going to happen under President Donald Trump.
Stephen K. Bannon
Boris, you're coming in hot. Where do people go for your social media?
Tom Fitton
Sir Steve, honor to be with you.
Boris Epstein
Huge day for America, Huge day for.
Stephen K. Bannon
The war on pots.
Boris Epstein
And yes, those were some long days. And I remember when we filled a lot of hours on the war room in 2021 and now it's the hottest place out. Huge credit to you and your strength and you being a champion and a warrior through everything you've been doing and you're an unbelievable leader in the movement. So it's a pleasure and honor to be here on this, on a big day for America, my information, hot on Twitter or CP hot on getter or CP hot on Twitter social or the hottest on the Gram. Boris Epstein, stay strong. God bless and all offense.
Stephen K. Bannon
Thank you, brother. By the way, President Trump has moral courage and physical courage, but moral courage to do this in this audience. This audience backed it up from the very beginning. That's why we had this victory day. It's you, it's your agency. I want to play before we go to break for the Six. I want to play. Katie Tur. Let's play this clip right here of the genius over at msnbc.
Katie Tur
And Tom, if I were Jack Smith today, I'd be a little bit nervous. If I was anybody on his prosecutorial team, I'd be nervous as well, especially if I was one of those career employees who was assigned to the job and was just doing as I was assigned. I was investigating as I, as I was told, following the law and following the crumbs that Donald Trump left where they may.
Stephen K. Bannon
Okay, that's not good enough. That's the same excuse, ma'am, that Field Marshal Herman Goring used at Nuremberg. That's exactly the, that's exactly his line of thought that, hey, according to German law, this is all okay. We were just following the law. No, sorry, not sorry, won't wash. Didn't wash in 1945 and 46 ain't going to wash now. So we're going to take a short commercial break. I'm going to bring in at the top of the hour another hero who they tried to bankrupt, who they tried to put in jail, who they tried to crush. Mike Lindell. Think about this. Tina Peters is rotting in prison today as we speak. J6 grandmothers and grandfathers, J6 prisoners that rotted in that crappy black hole of Calcutta DC Jail are in federal prisons today, folks, we are going to fight this one all the way down to the bitter end. This can never be allowed to happen again in American history. This is a blight. It's a blight. And the American people have rendered their verdict. The American people say we reject what Merrick Garland stands for. We reject what Jack Smith stands for. We reject what Rachel Maddow stands for. We reject what this corrupt group of Marxist Bolshevik radicals stand for. We want America back. And guess what, folks, Donald J. Trump is going to deliver that short commercial break. We'll be back for hour two in the war room. Just a moment.
Tom Fitton
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Stephen K. Bannon
For those who don't know, beef liver.
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Stephen K. Bannon
But if you'd like to check us.
Tom Fitton
Out, you can go to sacredhumanhealth.com and cheers to your health.
Stephen K. Bannon
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Podcast Summary: Bannon's War Room - Episode 4082: Wins Against Lawfare And Political Prosecutor Jack Smith
Release Date: November 26, 2024
Host: WarRoom.org
Title: Wins Against Lawfare And Political Prosecutor Jack Smith
In Episode 4082 of "Bannon's War Room," host Stephen K. Bannon engages in a fervent discussion with panelists Katie Tur, Tom Fitton, Pam Bondi, and guest Julie Kelly. The episode centers on the recent legal maneuvers surrounding former President Donald Trump, particularly focusing on the actions of Special Counsel Jack Smith and the broader implications for the Department of Justice (DOJ) and American politics.
Katie Tur opens the discussion by highlighting Special Counsel Jack Smith's strategic move to dismiss both the election interference and classified documents cases against Donald Trump. She emphasizes that with Trump potentially taking office in January, these cases are likely to expire. Tur notes, “Donald Trump is coming to an end, though not in the way the special counsel had intended” (00:00).
Tom Fitton concurs, suggesting that Trump could potentially pardon himself, though he acknowledges the constitutional ambiguity surrounding self-pardons. Fitton states, “the odds of these cases coming back to life one way or the other are relatively small” (00:47).
Katie Tur adds that Jack Smith’s decision to dismiss the cases without prejudice leaves room for future legal actions once Trump is in office. She warns of potential abuses of executive power, particularly targeting Jack Smith and his prosecutorial team (16:20).
Pam Bondi expresses concerns about Trump’s potential retaliation against federal employees, suggesting that Trump may direct his Attorney General to prosecute individuals within his reach. She warns of a “complete breaking of norms” that could undermine the rule of law in the United States (03:41).
Stephen K. Bannon and Tom Fitton discuss the possibility of Trump using the DOJ to pursue political adversaries, depicting it as a shift from prosecuting genuine criminals to targeting political opponents. Fitton emphasizes the risk to career officials, some of whom might consider fleeing the country to avoid prosecution (05:37).
Lisa Monaco analyzes the implications of dismissing cases “without prejudice,” questioning why Jack Smith opted for this approach instead of taking stronger stands that reserve the cases for potential future actions by the incoming administration. She suggests that Smith’s move could be seen as preemptively aiding Trump’s administration by not forcing Trump to take direct action himself (01:23).
Katie Tur further explores the strategic nature of the dismissal, indicating that it allows for the possibility of reopening cases once Trump is in office, thereby maintaining legal pressure on him (16:20).
Stephen K. Bannon and Tom Fitton delve into the concept of lawfare, asserting that the DOJ has been weaponized to pursue Trump’s political opponents rather than genuine criminal activities. Fitton outlines the redirection of DOJ resources towards investigating Trump’s allies and framing the DOJ as a politically driven institution (06:13; 07:08).
Bannon characterizes the DOJ’s actions as akin to “the American Gestapo,” highlighting the extensive network of prosecutors and judges allegedly involved in persecuting Trump and his supporters (07:43).
Julie Kelly, a journalist covering the legal battles against Trump, discusses the dismissal of the January 6th case by Judge Tanya Chutkan. She criticizes the judicial process, claiming that the indictment was essentially a “dead letter” due to legal rulings that undermined the case (21:11).
Bannon draws parallels between current judicial actions and historical examples of legal defenses used by perpetrators of atrocities, such as Field Marshal Hermann Göring during the Nuremberg Trials. He argues that the defense of “just following the law” is insufficient and morally untenable (10:20; 51:00).
Tom Fitton and Stephen K. Bannon further discuss the alleged conspiracy among judges and DOJ officials to pursue politically motivated cases against Trump, asserting that this represents the largest scandal in American judicial history (36:22; 38:50).
The panelists celebrate the dismissal of Trump’s cases as a significant victory against what they describe as politically motivated lawfare. Julie Kelly reflects on her role in uncovering inconsistencies and lies surrounding the January 6th investigations, expressing optimism for continued efforts to hold DOJ officials accountable (31:41).
Tom Fitton emphasizes the need for accountability through various legal channels, including the Office of Professional Responsibility and the Office of Inspector General. He urges the Judiciary Committees in Congress to initiate thorough investigations to prevent future abuses of power (41:54).
Stephen K. Bannon concludes the episode by reinforcing the narrative of a monumental victory for Donald Trump and his supporters. He highlights the resilience and determination of Trump’s legal team in overcoming the DOJ’s actions and expresses confidence in Trump's upcoming presidency to rectify the alleged injustices (33:42; 34:50).
Julie Kelly acknowledges the beginning of ongoing efforts to address and dismantle the systemic issues within the DOJ and the judiciary, calling for relentless pursuit of justice and transparency (31:41).
Katie Tur (00:00): “Donald Trump is coming to an end, though not in the way the special counsel had intended.”
Tom Fitton (00:47): “the odds of these cases coming back to life one way or the other are relatively small.”
Pam Bondi (03:41): “It's just a complete breaking of norms. It's, it's going to destroy a big part of the rule of law in the United States.”
Julie Kelly (21:11): “These judges allowing the bogus 1512 obstruction of an official proceeding statute to go forward in more than 300 cases... So for Jack Smith and Tanya Chutkan to suggest that today, and then you hear... this case might somehow go to trial.”
Stephen K. Bannon (51:00): “That's the same excuse, ma'am, that Field Marshal Herman Göring used at Nuremberg. That's exactly his line of thought... We're going to take a short commercial break.”
Episode 4082 of "Bannon's War Room" presents a stern critique of the DOJ’s actions against Donald Trump, framing them as politically motivated lawfare aimed at undermining Trump's presidency and influence. Through passionate discussions and strategic analysis, the panel underscores the perceived erosion of legal norms and advocates for continued resistance and accountability measures to safeguard American governance.