THE WAR ROOM WITH STEPHEN K. BANNON (EP. 5131)

Summary

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Podcast Summary: THE WAR ROOM WITH STEPHEN K. BANNON (EP. 5131)

Podcast: Real America’s Voice
Host: Stephen K. Bannon (iHeartPodcasts)
Date: February 10, 2026

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Episode Overview

This episode of The War Room delves into the ongoing battle over federal vs. state control of U.S. elections, widespread claims of election fraud, heated debates about national security and immigration policy, the cultural impact of high-profile moments like Bad Bunny's Super Bowl performance, and an in-depth interview with journalist James Rosen on his newly released second volume of the Antonin Scalia biography, as well as explosive revelations about the historical roots of the "deep state". The tone is combative, urgent, and reflective of the polarized state of American political and cultural discourse.

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Key Discussion Points & Insights

1. Election Integrity and Federal Power

• Opening Remarks on Election Legitimacy
  Luke asserts, “America's elections are rigged, stolen, and a laughing stock all over the world... Donald Trump won two of those so called rigged, stolen elections.” (00:04)
• Election Law Perspective
  An election law expert highlights the Constitution's assignment of election regulation to states, expressing skepticism over federal intervention, especially proposals to "nationalize" elections in 15 states. Concerns are raised over the ability to coordinate fraud within a highly decentralized system and the threat of federal agents at polling places. (00:30)
• State and Local Preemptive Action
  States and localities are encouraged to act sooner—by seeking injunctions and preparing for potential federal involvement at polls. Emphasis is laid on readiness in anticipation of Republican actions in key swing states.
  Quote: “Time for states and localities to act is probably before Republicans come in...to get injunctions...to keep ICE away from the polling places.” (01:30)
• Political Posturing and the SAVE Act
  Discussion surrounds the SAVE Act—federal legislation to require voter ID and purge voter rolls, pitched as an "80-20 issue" with widespread purported support, but described as a political gesture unlikely to pass the Senate due to filibuster rules. (06:06–06:53)

2. Cultural Anxiety and the Latino Community

• Response to Bad Bunny’s Super Bowl Performance
  Cultural commentators discuss the cultural shift marked by a Latino artist headlining the Super Bowl, noting how some “Donald Trump white people got upset” about not understanding the Spanish lyrics, using this as an illustration of the country’s demographic and cultural transition. (03:07–04:40) Memorable Quote:
  • “America is going to be black and Brown, majority in 24. No, no, no, we're there now. We're in the moment now.” (03:39)
• Trump Administration’s Policies Toward Latinos
  Susan accuses the Trump administration of running an "anti Latino campaign" and using federal agents as tools of intimidation, describing racial profiling and referencing how perceptions of Latino identity can have outsized political impact. (04:40) Quote:
  • “We are being hunted. And I just have to keep saying that because it shouldn't fall on Bad Bunny or Super bowl artists to defend our American ness, because Latinos are part of our past where the present. And Trump doesn't want us to be part of the future.” (05:22)

3. The Ongoing Immigration Policy Battle

• Supremacy Clause and State vs. Federal Jurisdiction
  A legal expert recounts a recent ruling by a Democrat-appointed judge in California, emphasizing the federal government’s uncontested supremacy over immigration, and rebukes Governor Newsom for attempting to limit federal agents' conduct. (11:19) Quote:
  • “Congress wrote these immigration laws decades ago on behalf of we the people...And Gavin Newsom can go to hell.” (12:15)
• Accusations of Election Manipulation through Immigration
  Conservative panelists repeatedly assert Democrats are importing immigrants to illegally influence elections, calling for strict federal oversight, signature verification, and mass deportations. (17:05–19:12)
  • “Democrats can't win elections if dead people can't vote or mystery voters can't vote.”
• Rhetoric on Mass Deportations and Federal Control
  Calls for federal agents at polling places are defended as “basic stuff in the law,” while panelists mock left-wing concern about authoritarianism. (18:24–19:12)

4. Accountability, “Lawfare,” and Deep State Allegations

• 2020 Election Revisited
  Panelists allege the 2020 election was "rigged and stolen," outlining a narrative of Democratic malfeasance, lawfare against President Trump, and the necessity for accountability at the Department of Justice. (20:36–22:46)
  • “If you get caught rigging and stealing federal elections, that is a very serious crime.”
• “Primal Scream of a Dying Regime”
  Mike Davis: “Pray for our enemies because we're going medieval on these people...” (08:36)
  Expresses the sense of mission and bitterness fueling the show’s base.
• Comparison to Watergate and the Deep State
  Drawing historical parallels, Bannon and guests argue the current alleged conspiracy dwarfs Watergate, with claims of weaponized legal and intelligence institutions against Trump. (22:14–25:17)

5. Judicial Philosophy and Profile of Antonin Scalia (w/ James Rosen)

• Antonin Scalia’s Legacy (27:12–39:19)
  • James Rosen introduces his new book, Scalia Supreme Court Years 1986–2001, describing Scalia’s foundational influence on American legal thought from his “originalist” and “textualist” philosophy:
    • “We shouldn't be looking beyond the text to go back into the legislative history...It's the text of the law.” (31:59)
  • Anecdotes of Scalia’s humor, collegiality, and debates on the Supreme Court underscore his dramatic impact on the court’s culture and American law.
    • “Antonin Scalia was not only the...most frequent questioner on his time on the court, but also the most frequently the one to produce laughter.” (35:57)
• Why Scalia Matters
  Rosen pitches his book to non-lawyers, stressing its accessibility and importance for understanding modern America and constitutional law. (39:19)
  • “If you want to know how we got to modern America and...about one of our greatest patriots...you're going to read this book.”

6. Nixon, Watergate, and the “Secret History of the Deep State”

• The “Moore–Radford Affair” (42:20–47:52)
  • Rosen walks through his investigative reporting on a little-known episode of Pentagon espionage against Nixon, connecting it to present-day anxieties about the “deep state” and institutional sabotage.
  • The story highlights the lengths to which internal government factions have attempted to undermine executive authority for decades.
    • “The plumbers went to work...they polygraphed him...and he delivered this back to a pair of admirals who...gave all these documents to the Joint Chiefs of Staff.” (44:20)
  • Bannon frames this as a cautionary tale for Trump and his supporters, suggesting institutional resistance is a recurring threat to outsider presidents.

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Notable Quotes & Memorable Moments

“America's elections are rigged, stolen, and a laughing stock all over the world.”
— Luke (00:04)

“It is simply inconceivable...the massive number of people who had been involved in the conspiracy as alleged by Donald Trump and the sort of fever dreams he's encouraged among his supporters.”
— Election Law Expert (00:53)

“What I took away from last night was Bad Bunny said, this is America now, y'all. This is who we are now.”
— Cultural Commentator (03:39)

“We are being hunted. And I just have to keep saying that because it shouldn't fall on Bad Bunny or Super bowl artists to defend our American ness, because Latinos are part of our past where the present. And Trump doesn't want us to be part of the future.”
— Susan (05:22)

“This is the primal scream of a dying regime. Pray for our enemies because we're going medieval on these people.”
— Mike Davis (08:36)

“If Democrats don't like that, too bad, win elections.”
— Conservative Legal Expert (13:33)

“We shouldn't be looking beyond the text to go back into the legislative history...It's the text of the law that was a profound revolution in the law.”
— James Rosen on Scalia (31:59)

“The plumbers went to work on the leak. They swiftly zeroed in on a 28 year old Navy yeoman...he admitted...he made a copy of it, a Xerox. If he didn't, couldn't copy it, he memorized it. And he delivered this back to a pair of admirals...”
— James Rosen, discussing the Moore-Radford Affair (43:40)

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Important Timestamps

• 00:04 – Elections “rigged” and discussion about election confidence
• 01:30 – States’ responsibility for protecting voting process
• 03:39 – Cultural analysis of Bad Bunny’s Super Bowl performance
• 04:40 – Trump’s alleged anti-Latino campaign
• 06:06–06:53 – SAVE Act political maneuvering
• 11:19 – Federal supremacy over immigration and sanctuary state challenges
• 18:24 – Defense of federal agents policing elections
• 20:36–22:46 – “Lawfare” and calls for criminal prosecution post-2020 election
• 27:12–39:19 – Interview with James Rosen, Antonin Scalia biography
• 42:20–47:52 – James Rosen on the “Moore–Radford Affair” and Watergate’s lessons for today

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Concluding Tone

This episode blends a sense of existential urgency on the political right with significant reflection on cultural transformation and legal philosophy. Listeners are left with heightened calls to action—around legislation, voter engagement, and championing a particular vision of America’s future—while also being invited to look back on American legal history in light of ongoing debates about power, legitimacy, and identity.

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For listeners seeking a deeper understanding of the current right-wing perspective on elections, lawfare, and culture—tinged with historical context and a call to political arms—this episode is essential.

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Transcript

[Susan]

This is an iHeart podcast, Guaranteed Human.

[Luke]

America's elections are rigged, stolen, and a laughing stock all over the world. We are either going to fix them or we won't have a country any longer. For fact's sake, Donald Trump won two of those so called rigged, stolen elections. Susan, you wrote that this is no longer a question if Donald Trump will undermine Americans confidence in the midterms. But how? What do you see us doing to protect that?

[Election Law Expert]

Yeah, I mean, look, this is a situation where, you know, you've seen Republicans basically abandon their longstanding views about states rights and federalism. And, you know, now all of a sudden, Mike Johnson is the one who decides that it's the job of the federal speaker of the House to be commenting on questionable election practices in states that he doesn't like or that elect Democrats. You know, the decentralization, I think, is the thing that, you know, experts are looking to, you know, it's one of the reasons, of course, that Donald Trump's claims of a rigged election in 2020 are so absurd and farcical. It is simply inconceivable that in six swing states in 2020, all over this country, the massive number of people who had been involved in the conspiracy of those alleged by Donald Trump and the sort of fever dreams he's encouraged among his supporters, it's basically inconceivable in the context of our very decentralized state run election system. And again, it should be pointed out that the Constitution is very clear that it's up to the states to regulate the time, place and manner of elections. That is not a role for the President of the United States, who just last Monday said he wanted to nationalize, quote, unquote, elections in 15 states. But I think there are enormous fears among state election officials about the kind of actions that can be taken in key states. Looking ahead to this fall, one thing I spoke with an election law expert who pointed out that, you know, the time for states and localities to act is probably before Republicans, you know, come in there and to be prepared in advance to get injunctions and things like that, to keep ICE away from the polling places.

[Georgia Voter/Activist]

This apparent abuse of federal law enforcement power to indulge the president's obsession with overturning the 2020 election and to lay the groundwork for whatever mischief they're planning in a few months, I think is obviously deeply disturbing, deeply chilling, deeply menacing, and also a huge political mistake for this administration. Because in Georgia, where now for the second time in six years, Georgia voters have the weight of the Republic's future on our shoulders. We are just that much more determined to do our part to right the ship. This election is pivotal. If we do not restore checks and balances in these midterm elections, we will not recognize our republic. At the end of this presidential term, we may lose our republic.

[Cultural Commentator]

Yeah, and he had a lot of us moving and he moved a lot of us. And for me, you know, as someone who's a little bit more seasoned, I had a chance to reflect, I think, in some interesting ways. And you touched on it, about how the expressions of protest and how our expressions of being put upon as a minority or as individuals or as a community by a majority, how we would respond to that. What I took away from last night was Bad Bunny said, this is America now, y'. All. This is who we are now. This isn't the future of America. People talk about, oh, America is going to be black and Brown, majority in 24. No, no, no, we're there now. We're in the moment now. And so to be very direct about last night, a lot of Donald Trump white people got upset. A lot of them complained. A lot of them were a little bit, how should we say, twitchy about what they saw. Complaining about the fact that I didn't understand a word he said. Really?

[Stephen K. Bannon]

Really.

[Cultural Commentator]

You weren't moved by the moment, you weren't moved by the visuals, you weren't moved by the sound. You fixated on words to try to understand, but if you heard the words in English, you still wouldn't have understood them. And that's the point. If they heard the words in English, they still wouldn't have understood them because they listened to one man who has clouded their judgment and their reason with his own twitchiness. Right.

[Susan]

I mean, Donald Trump, since he launched his political career, has run a decade long anti Latino campaign. He immediately started by going against Mexicans. It is extended to every Latino group. We have had a long, year long persecution of Venezuelans. It does not matter. His federal agents are being enabled to stop any of us. And so I have to say though, there were so many people who thought the little boy was Liam Cornejo Ramos.

[Mike Davis]

He wasn't and it wasn't.

[Susan]

And that little boy who was detained in Minnesota and arrested and he was a flashpoint and so many people saw that instead of seeing the he like, if that doesn't tell you about the racial profiling that's happening in the streets right now with every Latino out there, these federal agents, we have a Supreme Court justice who gave a roadmap for this administration on how to stop specifically the Latino community. Right. So we are being hunted. And I just have to keep saying that because it shouldn't fall on Bad Bunny or Super bowl artists to defend our American ness, because Latinos are part of our past where the present. And Trump doesn't want us to be part of the future. And I think a lot of people are feeling that, and those of us. And there is diversity. Right. I do not know Puerto Rican culture. I come from Mexican American culture. But that relation, he is uniting us by persecuting all of us equally and with the same paramilitary force. And I want to know which elected leader is going to be as brave as Bad Bunny has consistently been with his art.

[Luke]

He wants Republicans to pass the SAVE act, which will change voting and to be adjusted that it will exist in the ways that he wants. But, Luke, isn't this basically dead on arrival? Because the filibuster in the Senate.

[Mike Davis]

Yeah.

[Political Analyst]

I mean, it will pass the House. Right. They'll get the Republican votes in the House for it, but they will not get the votes in the Senate for it. So this is largely a political statement that's being made to try to, you know, falsely claim that American elections are rigged and untrustworthy so that if Democrats win the midterms that we think can blame it on widespread fraud. I think as a fact check, we should just remind people how rare voter fraud is in America.

[Mike Davis]

It.

[Political Analyst]

It is illegal. People get prosecuted for it. It does happen occasionally, but it's like less than 100 cases in the last two decades. I mean, conservative groups have been hunting for cases of voter fraud to show that it exists. And you do get the occasional case now and then, but it's so rare and so limited that it would not impact the national election. It wouldn't impact even a statewide election. And so they're hoping for these, for this fantastical claims of fraud that really don't exist. But we can anticipate to hear about them a lot. As long as Donald Trump is president.

[Cultural Commentator]

I'm not going to sit here and wait for the future, because that's what. That's, that's, that's a game that others want you to play. What you saw last night was the future coming to the moment now. And America realized for the first time in that context. They watched the panoply play out on that field, right? And they saw the bodegas, they saw the wedding, they saw the, you know, the guy, the nail polish of the nail salon, all of that, which Simone particularly, I'm sure enjoyed. So that, to me, was a very American, the American aspect of that.

[Political Commentator]

Trump has never been less powerful. The agenda he's pursuing has never been more evident and more unpopular. What this means if you're a wuss, what this means if you were wrong in 2025, in the first year of Donald Trump being back in office.

[Susan]

Well.

[Political Commentator]

It means that 2026 is good news for you. 2026 is the easiest chance you'll ever have to rectify what you did wrong to get on the right side of this thing. Now or never.

[Mike Davis]

This is the primal scream of a dying regime. Pray for our enemies because we're going medieval on these people. Christians not got a free shot. 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.

[Stephen K. Bannon]

In the world to stop that, but.

[Mike Davis]

You'Re not going to stop it. It's going to happen. 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 country, this country will be saved.

[Stephen K. Bannon]

WAR ROOM here's your host, Stephen K. Banner.

[Mike Davis]

Tuesday 10th February year of Allure 2026 we're absolutely packed today, so let's get into it. I want to thank the team for a brilliant cold open. They're very focused on what is essential now, particularly on Capitol Hill. That's going to have a huge impact rolling all the way through to November of, of this year, 2026. That's what we've got to get on it. Mike Davis joins me. First off, Mike, I want to talk about the Hill and if my crack team can put up that Hill. The lead story in the Hill today is about the reality of what's going on in the Senate. Chip Roy and the team are about to bring, I think, to the Rules Committee a new restructured bill to be voted on the House. Also, Eric Schmidt, who we had on the other day, and I think we're trying to get Senator Schmidt on either this afternoon or tomorrow. But Tommy Tuberville is going to join us this afternoon. The real fighters in the Senate are actually bringing up a different piece of legislation that's going on offense. And now there's this back and forth between, I guess, the White House and these radical Senate Democrats. We've put forward a proposal, but nothing we haven't heard what's in the proposal as A counter. You know, the position, I think a maga, at least a MAGA base, is that the ideas they had were so radical that there's nothing to negotiate here. And the ticking that you hear is the Munich Security Conference. All the senators of both parties that are kind of the war party, 20 or 30 of them, got to get to Munich so their paymasters can know that they're in attendance there. Mike Davis, first off, didn't a federal judge back up this whole situation with Mask and what the sanctuary states like Newsom are trying to do? Aren't the courts actually coming about the law enforcement capabilities of the federal government and at least at some level having the president's back?

[Conservative Legal Expert]

Yes. A Democrat judge in California just sided with the Trump administration when California Governor Gavin Newsom tried to tell ICE agents, federal officers, what they can and can't wear. That's not the state's job. There's the Supremacy Clause, and Congress has power over immigration. Congress wrote these immigration laws decades ago on behalf of we the people, exercising we the People's most crucial sovereign power to control our border and populace, to decide who comes and decide who goes. And the president has the constitutional power and duty to execute Congress's laws on behalf of we the People. And that's what President Trump is doing. And when you're exercising federal law, you can't. States don't get to come in and micromanage or even interfere in any way with federal law. So this Democrat judge followed clear law from decades ago that federal laws, the supreme law of the lands. Immigration is a federal. Immigration is decided by federal law. And Gavin Newsom can go to hell.

[Mike Davis]

Okay, so on the Hill right now, and we're monitoring both of these. We'll jump in if they. You got the dhs and I think the ICE senior people, I'm not so sure it's Homan, are at a, I think a DHS committee to review their activity. Also Jason Smith at Ways and Means, and Smith is a very smart guy when it comes to taxes. He's got a hearing on really getting into this dark money that's in back of the color revolution, who's actually financing this. So we're gonna jump in and out of those. But, Mike, those laws were written decades ago in a bipartisan nature. Why would the Democrats be taking a harder edge about law enforcement, particularly when you've got a situation where you've got 15 to 20 million, even the Hill today, that it was 15 to 20 million illegal aliens in the country on Biden's watch?

[Conservative Legal Expert]

Sir, Yeah. I mean, I would say to these Democrats who want to beat up immigration agents, they should. These Democrats should look in the mirror. It's their laws. These agents are the good men and women of federal law enforcement who are simply doing their jobs by executing our federal immigration laws. If the Democrats don't like it, try to change the laws. But we just had an election over this. And President Trump won a broad electoral mandate, 312 electoral votes, all seven swing states. Cap. The House won a comfortable margin in the Senate. And the American people want President Trump to seal our border, which President Trump has done, and to expel these illegal aliens and starting with the most vicious terrorist among them. And President Trump is doing what he promised American voters he would do. If Democrats don't like that, too bad, win elections.

[Mike Davis]

Mike, hang on. We're gonna get into what's going on at Capitol Hill. It seems a little confusing in the fog of war, but we'll make it all clear to you exactly what is going down. Birch Gold has a special. The end of the Dollar Empire is now in a Patriots edition. A hard a hard copy. You can get it with an appropriate investment. Go to go to burchgold.com promo code Bannon the end of the dollar empire. Talk to Philip Patrick and the team. You can get your signed edition of the 7 Series so far. Check it out.

[Stephen K. Bannon]

Here's your host, Stephen K. Bam.

[Mike Davis]

Welcome back. Mike Davis. Having a little problem with the sound guys. You got to cut it up. Mike Davis, can you give us article three where people can go article three.

[Conservative Legal Expert]

Project.Org article number three project.org follow us on social donate but only what you can afford. But the biggest issue is the top right there. Tell Congress to stop illegal immigrants from stealing our elections. That's the SAVE Act. This is an issue where it's an 8020 issue, meaning 80% of Americans support passing the SAVE act, including a super majority of Democrats and even a super majority of minorities. Democrats pretend that black people don't have the wherewithal to get a voter ID like everyone else when we all know the reason that Democrat politicians are opposing this is because they want there are illegal aliens who Biden and these Democrats mass imported for the last four years of Biden, over 20 million of them. Democrats are trying to get them on the voter rolls so they can rig and steal elections. They're trying to replace American voters and we need to stop that. They say this fraud doesn't happen. Well, if it doesn't happen, then they shouldn't have any problem passing the save Act. And they say, I heard this woman in your cold open saying that the elections clause gives the powers, power to the states to control elections. She's not reading the elections clause correctly because Congress can override the states as to the time, place and manner of federal elections. This must pass. Senate Republicans should not have any excuse for not passing this. It's an 8020 issue again. And if Democrats are going to drag their heels, they need to nuke the legislative filibuster and get this done.

[Mike Davis]

So today. And I think there's going to be, I think it's going to come out of rules, but they're going to try to add and have a combination in the house of voter ID purging the voter rolls of. And this is key. The voter rolls are key. Purge the voter rolls of. Because this is how they work, the mail in ballot scam. Purge the voter rolls of illegitimate people and then put some, a modicum of like signature verification into the mail in ballots. If you do this, and I think this is going to become quite evident as the evidence comes out in Georgia. And the evidence is coming out in Georgia, Mike, this will go a long way to stopping the Democrats from using these 20 million to steal future elections.

[Conservative Legal Expert]

Yeah. I mean, how are dead people supposed to vote if you do this? I mean, Democrats can't win elections if dead people can't vote or mystery voters can't vote. And here's the tell. The Democrats are concerned that immigration officials are around election places. That's the biggest tell of them all. It's illegal for illegals to vote. So American citizens shouldn't be scared of immigration officials. Only illegals would be scared of immigration officials. And so if illegals are going to vote, they're already there illegally.

[Mike Davis]

So what is, I mean, they're in a complete meltdown about President Trump saying he's going to nationalize these. And by that he means not make a couple of issues, which I think it will be. A couple of issues will be an up or down vote by the country on Congress. But he's saying that, hey, we may have to have federal agents around these because we don't want, you know, you got 15 or 20 million. We're hung up right now on mass deportations. We may have to do it. The left, literally every day they're hammering, they're saying, Trump's an authoritarian, I'm an authoritarian, you're worse. You're the lawyer for the authoritarians. Why have they melted down over just some basic stuff in the law, but also having federal officers there to make sure that you have a fair and safe elections.

[Conservative Legal Expert]

Because Democrats rig and steal elections with illegal votes and phantom votes. That's how they won the 2020 election. They use Covid as an excuse to illegally change election laws. Only state legislatures or Congress can change federal election laws. Democrats use Covid to change election laws. They mass mailed ballots out to old voter lists, including college students who have moved 10 times since the last election. And then they got rid of election observers because of COVID They said that you, you know, they're going to kill people if you have election observers. They even got rid of signature verification because as we've said on your show many times, Democrats actually pretend that Covid changed your signature. And then we had magical vote spikes in the middle of the night in key Democrat hellhole counties across Georgia, and voila, Trump lost the election in the middle of the night. He was obviously rigged and stolen. They're about to get caught doing that and they are blowing their gaskets that we actually want to secure our election so this doesn't happen again because it makes it hard for Democrats to have their illegals and their phantom voters illegally vote for them in these elections.

[Mike Davis]

Do you feel confident, do you feel confident right now that you got cash on the criminal side? You have Tulsi Gabbard, and I think it'll become pretty evident with news that comes out over the next couple of weeks why Tulsi Gabbard's involved from a national security and intelligence perspective. But do you feel confident that main justice and the Justice Department, since Fannie Willis, your favorite, you know, we're going to put what, 15, 16, 17, 18 people in prison because of those ballots, because of the stealing in Georgia to cover their tracks, and they were going to send President Trump away to die in prison about what happened in Georgia. Are you pretty confident you're hardwired over justice? Are you confident that we're going to get not just the bottom of it, but we're going to start holding people accountable that stole the election?

[Conservative Legal Expert]

I have to be careful what I say on this, but I would say that nobody is above the law. And if you get caught rigging and stealing federal elections, that is a very serious crime. And you can't get more of a serious crime for that in a democracy. These Democrats talk about democracy or whatever. We're a republic. But regardless, that you can't get a bigger crime than that than rigging and stealing elections. And that's exactly what the Democrats did in the 2020 election in Georgia, in other states, but it sounds like they have pretty compelling evidence down in Georgia and they, I don't know what Democrats would be so concerned about. If they've done nothing wrong, they should show their hand.

[Mike Davis]

This will change. Do you believe we're going to have James Rosen on talking about his second book on the ministerial biography of Associate Justice Scalia, but he also wrote a piece about the deep state in Nixon, the law firm against Nixon. Do you believe that this, when we present the facts, that this will be orders of magnitude worse than Watergate? You'll actually show how they stole a presidential election and because of that brought 15 to 20 million illegal alien invaders into the country. Sir.

[Conservative Legal Expert]

Yeah, I mean this is, we've talked about this since the Mar A Lago rate. They have was long before that. But I've been on your show since the Mar A Lago raid. They've, they, the Democrats have politicized and weaponized intel agencies and law enforcement for over eight years against President Trump. They tried to prevent him from becoming president with the Russian collusion hoax and Crossfire Hurricane. They try to sabotage his presidency during the first four years when he, when he won against all odds. They impeached him twice when he, they rigged and stole the 2020 election and chased him out of office. And then when he was going to run for office again, they got, they ran the unprecedented republic ending lawfare against him for indictments for non crimes, tried to bankrupt him for non fraud, tried to throw him off the ballot unconstitutionally in Colorado and Maine. Elsewhere, Biden tried to take off Trump's head. He underfunded Trump's Secret Service protection, said he was the gravest threat to democracy, tried to get him killed twice. Once in Butler, Pennsylvania and once on his golf course. And by the grace of God, Trump is back in office a millimeter and a millisecond. The hand of God and Trump is back in office. He's expelling these illegal aliens, restoring our sovereignty as we the people. These Democrats are trying to stop him. They're trying to sabotage him every step of the way with their lawyers, with their judges, with their plaintiffs. He is fighting every day for America. He knows that if he does not succeed, America is not going to succeed. I mean, I truly believe in 2024, everything was on the line. If Trump would have lost that election, it was game over America. And we are certainly not out of the woods. Trump has to succeed over the next three years, if we have a fighting chance to save our country, we are going to become Europe. Look at the Mass invasion of Europe with Islamists all over Europe who are conquering Europe. They've conquered the United Kingdom. We have an Islamist in New York City who is preaching mass invasion from the Koran. I mean, this is, this is, they are here. And if Trump does not succeed in getting these illegal aliens, particularly these Islamists, the hell out of America, we are cooked. We are conquered.

[Mike Davis]

Mike, a minute. What should people look for in this Senate? I know you got to bounce the Senate fight. Schmidt goes to Mar?

[Stephen K. Bannon]

A Lago.

[Mike Davis]

Lindsey Graham goes to Mar? A Lago. They watch the super bowl with the president. They come back and they are fighting mad. The president then gave him the word, I want to fight this thing in the Senate. What should we look for, sir, in this fight?

[Conservative Legal Expert]

Look, I think Eric Schmidt is a bold and fearless warrior for the Constitution, and so I am very happy he's going to serve as the tip of the spear on this. He was a very, he's been a very effective member of the Senate already, and he's very good on this lawfare. He's on the Judiciary Committee. So hats off to Senator Eric Schmitz. We should all get behind his efforts and we need to rally the war room posse to support him every step of the way.

[Mike Davis]

We're Article 3 one more time. Give me the pitch where they go.

[Conservative Legal Expert]

That's article3project.org, article number three, project.org the most critical action item on the screen right now is click on the top right, which is the SAVE Act. Tell Congress to stop illegal immigrants from stealing our elections. Light up both of your home state senators. Call them, post on social media, email them, hit up your U.S. house rep. We need to build momentum to get the SAVE act passed so we can save our republic from this third world invasion.

[Mike Davis]

Thank you, brother. Appreciate you. You know what you got to do. Let's do it short. Commercial break James Rosen, chief Washington correspondent for Newsmax. His new book, the second installment of the biography of Scalia.

[Stephen K. Bannon]

Here's your host, Stephen K. Ban.

[Mike Davis]

Welcome back. James Rosen, the chief Washington correspondent for Newsmax, joins us. Today is publishing day for the second volume of his magisterial biography of Justice Scalia. The first book was the Rise to Greatness. This is the Supreme Court Years. It's the first part of Scalia's time on the bench, I think from 1986 or 87 all the way to 2001, the contested 2000 election. James, first off, it is I want you to tell us about the book, but more importantly, what Inspired you? You're one of the top news people in D.C. you have been for decades and decades. You're now the chief Washington correspondent for Newsmax, which you oversee an incredible branch. You guys are breaking news all the time, doing stories. You just wrote a huge piece in the New York Times. We'll get to in a moment. How do you find time? What is the inspiration that felt you had to do this and take as much time and energy, not just to do the research and the interviews, but write this book? It's just a beautifully written book.

[Stephen K. Bannon]

Thank you on all accounts, Steve, and it's great to be back with you. You ask about the time I steal it from my family. And this originally began this book as a concise biography of Antonin scalia. And as Mrs. Rosen can tell you, I don't do anything concisely. And I wrote about 170,000 words. And I had just gotten the man to sit down in his chair at the Supreme Court. So that was volume one, published three years ago, Scalia Rise to Greatness, 1936-1986. The new book released today, and you're very kind to have me on to promote it, is Scalia Supreme Court years 1986 to 2001. And this covers the first half of Justice Scalia's nearly 30 terms on the Supreme Court. It starts with his first day on the court and takes us all the way through the national trauma of Bush v. Gore. And what inspired me was watching Scalia on television when I was in middle school and high school, he would participate in these PBS debate programs and, and they were sort of theater in the round type settings. And they would have these eminent minds convened to discuss hypothetical scenarios like ticking bomb scenarios and so forth. And the people convened would be Antonin Scalia, Dan Rather, Gerald Ford, you know, Alexander Haig. And Scalia struck me as being fundamentally different from everyone else on that stage. He was first of all, like me, an outer borough New Yorker, where he was born in New Jersey, but he was raised in Queens. I'm from Staten Island. He has that sort of sarcastic in your face kind of humor. And he had humor to begin with, which a lot of people in official life don't really display. When I came to Fox News in 1999 to Washington, I wrote to Scalia and said, hey, I'd love to do an interview, in essence. And he wrote back and basically said, I have a policy which makes it that I don't make a spectacle of myself as a judge, but I'd be happy to get together for lunch. And I said, I appreciate your policy, but what kind of what, what other, other than a spectacle, should we call it when you're appearing on a theater in the round setting with cameras for PBS convened amongst other eminent minds discussing hypothetical scenarios? And Scalia wrote back and he said, you know, you are right right there. That's a major concession. A lot of his clerks never heard those words. Maybe some of his children never heard those words. You are right. I probably should not have done those PBS shows. We had lunch twice and we continued writing to each other. We had a really amusing correspondence. The lunches were off the record, but I can talk a little bit about the, the atmospherics and that and the, and the correspondence between us. And that's all in the book. There's a chapter in the book called the Rabbit. And this is about what it was like when I was 30 years old and not a lawyer, still not a lawyer, to have lunch with Antonin Scalia, where we're knocking back red wine. And he overruled my lunch order. Steve, America's foremost opponent of judicial activism. When I ordered the veal at his favorite restaurant, now gone, the Av Ristorante Italiano, he overruled my order and said to the waiter, give him the rabbit. And we both looked at him and said, rabbit? He goes, yeah, he's gonna, you're gonna like the rabbit. Give him the rabbit. I didn't want rabbit. And I haven't had it since, Steve. And all of this appears in this book, Scalia, Supreme Court years 1986 to 2001 out today.

[Mike Davis]

So you're not a lawyer, and I don't think you're beat. When you first got there was covering the courts because you're not a lawyer. But tell me, why do you. Because in this volume, I think you're making the case that he's not just simply one of the most important jurist to ever sit on the Supreme Court ever, but he's one of the most important personages in modern political history, and maybe all of American political history, sir.

[Stephen K. Bannon]

Well, I wouldn't even confine him to political history, because when you're one of the nine justices sitting on the Supreme Court of the United States, your rulings, your decisions, are going to touch every aspect of American life. Scalia's legacy as a justice is profound and stretches across all known sectors of American life. One example is criminal defendants rights. And he wrote a key opinion, for example, that rendered it. That held it unconstitutional for accused sex offenders who've been charged with crimes against minors. He held it was unconstitutional at trial for such an individual, for a screen to be placed between the defendant and the young minor who was going through the trauma of testifying. And. And Scalia said, hey, as a textualist, as an originalist, the. The Sixth Amendment right to confront your accuser. And he busted out the dictionaries. Confront means confront. It means eyeball to eyeball. And while that might be painful for the alleged victim, nonetheless, that's what justice requires. That's one example. And that's. That's not just political history. The way Scalia became so important. The reason I'm writing these books, the reason Americans have to know about Antonin Scalia, why he's one of the most important Americans of the last hundred years, is because of the judicial philosophy he brought to his job. The central business of being a judge is that you interpret the laws, you tell us what the laws mean. And when Scalia came along as a judge originally on the Court of Appeals for the District of Columbia Circuit Court, where he sat with Ruth Bader Ginsburg, that's where their famous friendship began, where he sat with Robert Bork and Kenneth Starr and Larry Silberman and James L. Buckley. Just an incredible array of talent on that court. When he came along as a judge and then a justice, there prevailed in the American law, a liberal notion called the living Constitution. This is the idea that judges today should be free to interpret the Constitution and any law passed since then in the broadest possible way, because they feel that this Constitution, the Constitution we have, should be. Its meaning, should expand like a living, breathing organism or an accordion to account for things that the Founders never could have contemplated, such as the Internet or nuclear weapons. Scalia stood athwart all that. He said the intent of the lawmakers is what they passed up or down in the Congress and what a president of the United States signed. The text of the law. And we shouldn't be looking beyond the text to go back into the legislative history of floor speeches and committee reports to find out what lawmakers intended. We know what they intended. It's the text of the law that was a profound revolution in the law. And it changed the way we write the laws in America, the way we argue them in courts and the way they are. The laws are ruled upon by judges and justices. By the time he died, when he started, there were no originalists or textualists on the Supreme Court. By the time he died, even Elena Kagan, the Supreme Court justice appointed by President Obama, had proclaimed, in essence, thanks to the Scalia revolution, we are all originalists now.

[Mike Davis]

Let's talk about that revolution when he first got there, because you had the reason he even got the slot is they made Rehnquist went from Associate justice to become the Chief Justice. And of course, there was a lot of rancor in his confirmation hearing. I think you said 33 votes against, which was a record at the time. That would be a landslide today. But times were different. You also had, I think Scalia was 98 to nothing. But when he first got on the court, what was his reception in the book? What's his reception as he starts putting this judicial philosophy? Because they always have these conferences right immediately after they. Immediately after the case comes in and then after they have the oral arguments. How was he perceived and how was this philosophy, particularly when he had pretty strong personalities and Rehnquist is kind of a classic conservative. How was it, how was it, how was it taken?

[Stephen K. Bannon]

So when he was on the Court of Appeals, the judges ruled on cases in groups of three. And it was very intimate and collegial. And he could just waltz down the hall and kibitz with Ruth Bader Ginsburg or Abner Mikva or any of the, the people who had been appointed by Democrats. It was all very collegial. When he got to the Supreme Court, he was made to understand by his robed colleagues that there would be no kibitzing in chambers, that there would be no give and take, no arguments about how they should rule in the conferences. Rehnquist, as Chief justice had, as an Associate justice, had labored under and chafed under these long winded perorations by the Chief Justice, Warren Berger. And Rehnquist was determined when he became chief. We're going to run these conferences quick. We're going to go around the table. You're going to say how you're voting. You give a couple of lines of explanation, and that's it. And Scalia, who was a. Who had been a professor, loved debate. He loved getting into it. His sons told me that if he should stumble into a room where they're watching a football game, even if he doesn't know the players or which teams are playing, if he got a sense of which team his sons were rooting for, he'd start animatedly rooting for the other team. He just loved to mix it up like that. But at the Supreme Court, he called it a locked vault. That's the name of the chapter about his early days there. And it took some getting used to it. And so like a mighty river redirected, he instead turned his energies to oral arguments, which is the only public setting of the Supreme Court's work where spectators are allowed in to watch the proceedings. And he began dominating oral argument and producing riotous laughter in the Supreme Court. Studies have been done and they showed it far and away. Antonin Scalia was not only the. The most frequent questioner on his time on the court, but also the most frequently the one to produce laughter. And you can listen to those, those recordings of these oral arguments, even in Bush v. Gore. And the laughter that Scalia produces, it's like comedy club laughter. It's not polite laughter, as you might see at a congressional hearing. It's like explosive laughing and clapping that goes on for 10 seconds. And just like a pro, he would know to wait and then start in with his additional questioning. So he was seen as a kind of a bull in the china shop. But the truth is he was pressing upon his colleagues, people like Sandra Day o', Connor, Thurgood Marshall, William Brennan. These are some hallowed names. He was in essence pressing them. Hey, tighten up your act, okay? You are not obeying the law. You're not actually interpreting the law according to what the text says. You're doing crazy things like saying like a 1976 law was actually preempted by an earlier law, like crazy rulings. And he stood afford all that. And this book, Scalia Supreme Court years 1986 to 2001, has all of the memos back and forth between Scalia and the other justices, their personal letters, which sometimes got snippy. At one point, Scalia declares to Justice Harry Blackmun, the author of Roe v. Wade, who did not like Scalia. I am hurt. Scalia wrote to him at one point. I am hurt that she would accuse me of X, Y and z. So there's a lot of human drama here as well as the law and as well as shaping of American society. Society.

[Mike Davis]

Give me. I'm holding through the break to talk about this New York Times piece. We got about 90 seconds here. Make your pitch. Why non lawyers and people that don't follow the Supreme Court so closely should buy this book and buy it today.

[Stephen K. Bannon]

This book is written for non lawyers. It reading it myself, I'm telling you, I crack up all the time at Scalia and his antics and his brilliance and his wit. If you want to know how we got to modern America and if you want to know about the life and thinking of one of our greatest patriots and really one of our greatest literary stylists, you're going to read this book. Scalia Supreme Court years 1986 to 2001. Okay.

[Mike Davis]

We've had a pretty good track record here of getting books on the New York Times bestseller list. We need this book on the New York Times bestseller list, number one, to send a message that books about leading figures and dominant personalities in the conservative movement have a broad readership out there. I would tell people, also having seen this and done some background studies on it of James, the first volume, which is amazing, that this is a book you want to buy and give to young people in your life. This is a book that shows you Scalia came from a very middle class environment. Just a hard working guy, kept his nose down and rose not just at the top of his profession, but become one of the most important people, as James says, one of the most important people in American history. And the first volume is, I call it Magisterial. The second volume's out. It's in bookstores today. Knowing how they rig it, you may have to go and actually ask for the title. It may not be at the front of Barnes and Noble, but Scalia, the Supreme Court Years is out today. You can get it on Amazon. More importantly, for voting for the way the New York Times calculates, go to a bookstore and get it. We're taking a short commercial break. James Rosen, on the other side.

[Stephen K. Bannon]

Here's your host, Stephen K. Ban.

[Mike Davis]

Okay, the second volume of Scalia, this one's the Supreme Court Years, which is basically the first part of Justice Scalia's term on the Supreme Court. A must read. Also get a copy for a young person in your life, we need role models and Scalia is a role model. Whether you want to go into law or you have interest in the Supreme Court or not, you'll learn a lot about American history and the direction of American history. So James Rosen, you also had in the New York Times today or Sunday, I don't know, six, seven, 8,000 words, maybe more. A huge story which was, I think, one of the most important stories about Richard Nixon, about lawfare and about President Trump and where we currently stand as a country. The title is kind of an obscure title. The title should have been like the Secret History of the Deep State. This is a profound and powerful piece. I'm shocked the New York Times published it. Can you walk our audience through? Because we've talked about lawfare a lot with Nixon as kind of the, as Bloody Kansas was to the Civil War. So the lawfare against Nixon was exactly what they've done to Trump, Sir.

[Stephen K. Bannon]

Well, thank you, Steve. One of my previous books, my first book was called The Strong John Mitchell and the Secrets of Watergate, published by Doubleday in 2008. And it told the story of Richard Nixon's law partner and his campaign manager in 1968 when he won. And the Attorney General of the United States, John Mitchell, who then went to prison for his role in the Watergate cover up. The highest ranking US Official ever to serve time. So I've been at work on Nixon and Watergate for a very long time. Honestly, I've been obsessed with it since I'm a child. I'm ashamed to tell you I did play Little League. I had a normal childhood. I want you to understand, Steve. But I've had this obsession for a long time. And one of the episodes of the first Nixon term before Watergate that is the most important in his presidency was something that very few people know about today. It was called the Moore Radford Affair. And this was the discovery by the White House Plumbers. That was a secret group that was formed to plug news leaks after the release of the Pentagon Papers to the New York Times. The plumbers were the ones who broke into the Watergate complex and planted the wiretaps in the Democratic National Committee headquarters. The plumbers were the ones who broke into the psychiatrist's office for the physician who was treating Daniel Ellsberg, the man that leaked the Pentagon Papers to the New York Times. But one of the other projects that the plumbers worked on was this Moore Radford affair. And what happened was there was a very famous columnist at the time, Jack Anderson, who won a Pulitzer Prize for publishing contents of some White House and Defense Department memoranda and also the minutes taken at a National Security Council meeting that had occurred just 10 days earlier. Okay. That was one of the most astonishing leaks in the history of the United States government that Henry Kissinger, running the National Security Council is having a private meeting with his aides about what to do about the India Pakistan War. The United States was publicly neutral, but they were sort of tilting towards Pakistan because Pakistan was helping Nixon arrange his trip to China. And Kissinger was basically telling his own staff, I'm catching hell from the President every half hour because he thinks we're not doing enough to tilt towards Pakistan, so how are we fulfilling his orders? And Jack Anderson published that like 10 or 11 days later and won the Pulitzer Prize. The plumbers went to work on the leak. They swiftly zeroed in on a 28 year old Navy yeoman, still alive, now 82, named Charles Radford at the time. In December 1971, when the Anderson Columns ran. Radford was 28 years old. He was a trained Navy stenographer, courier, body man, etc and he had been assigned to Kissinger and his deputy at the time, Alexander Haig, to work in those functions. And he accompanied both men on trips around the world to foreign capitals, to Vietnam, to, to Pakistan, etc. And even to China. When Kissinger was setting up that, that trip for President Nixon, and under instructions from his supervisors at the Pentagon, Yeoman Radford, as he later admitted, stole about 5,000 documents, classified documents from the NSC, diving into waste baskets, burn bags, anything he saw, he made a copy of it, a Xerox. If he didn't, couldn't copy it, he memorized it. And he delivered this back to a pair of admirals who in turn gave all these documents to the Joint Chiefs of Staff, America's top military uniformed commanders. The Chairman of the Joint Chiefs of Staff at that time, benefiting from this spy ring was Admiral Thomas Moorer, who had been the Chief of Naval Operations and then had become the Chairman of the Joint Chiefs of Staff. And the plumbers found this yeoman. They polygraphed him. He broke down and cried because he was a, a devout Mormon. He admitted knowing Jack Anderson, who was also a Mormon. Their families were friendly through church. He denied giving the documents to Anderson, which the FBI or the NSA, which conducted the wire at the polygraph found to be deceptive. But he admitted giving these documents to the Joint Chiefs of Staff in the year 2000. Steve October of 2000, the tape of President Nixon being informed of this development for the first time was released by the National Archives. It was a rare nighttime session in the Oval Office, December 21, 1971. And not until the year 2000 was that tape declassified. And when it was, there was only one lonely researcher in America who showed up at the National Archives to hear that tape and that was me. And I listened to the tape of that meeting where it's Nixon. Only the heavy hitters, Nixon, Haldeman, the Chief of Staff, Ehrlichman who ran the Plumbers, and John Mitchell, the Attorney General, President's confidant and friend. Henry Kissinger was excluded from the meeting because they saw him as a profligate leaker who was part of the problem in some way. And it fell to Ehrlichman to explain to the President, we've just discovered through using a polygraph and investigative means that the Joint Chiefs of Staff have been spying on you, stealing documents from the National Security Council, delivering it to the Chairman of The Joint Chiefs of staff for 13 months in wartime. It was a unique crisis that no president had ever faced. Nixon on the tape, says this is a federal offense of the highest order and he demands that Admiral Moore, the chairman of the Joint Chiefs of Staff, be prosecuted for espionage. John Mitchell, the attorney General, says, in essence, we can't do that because all your secret operations around the world, in Cambodia and elsewhere, would leak. But we're going to go see Tom Moore. We're going to tell him this ball game's over with and we're going to wiretap this yeoman and we're going to send him far out of town. And they did all of those things. I published the contents of those tapes in the Atlantic Monthly in 2002, and I expanded on it in my book.

[Mike Davis]

James, James, James. Can I hold you just through this break, a short break? I want to get this story.

[Stephen K. Bannon]

I'm so sorry. Yes.

[Mike Davis]

No, no, no, no, no, no, it's perfect, it's perfect. I want to get to more details. Just we're take a short commercial break the second hour. We start with James Rosen. This is the explosive, explosive piece. It talks you the secret history of the deep state. It also shows you how you know it's just not President Trump that criticize him. Even back then, the Pentagon did not trust Kissinger, did not trust the National Security Council. They wanted to know exactly what was going on. A shocking revelation. James Rosen just said the only person to go over to the National Archives the day it was available and listen to it. We're gonna take a short commercial break. We'll be back in a moment. Take your phone out. Bannon B A N N O N at 989-898 you get access, no obligation, totally free, to Birch Gold, the investment in gold and precious metals in the age of Trump. You also get access to Philip Patrick in the team. And with an appropriate investment, you get the Patriots edition of the end of the Dollar Empire. Make sure you check it out today. Short break.

[Susan]

This is an iHeart podcast.

[Election Law Expert]

Guaranteed Human.