C (34:45)

So what happened in Pennsylvania between 2016 and this election? The Governor of the state, the Secretary of State of the state, two left wing Democrats. The majority on the Supreme Court elected five out of seven Democrats. All of them conspired to change state law that was passed by the state legislature. They destroyed the election laws in Pennsylvania to accommodate Joe Biden and the Democrat Party. They violated the specific language of the federal Constitution because they had a Republican legislation. They needed to go around them.

A (35:22)

Play cut 21 where Mark Levin says clearly, I don't have to prove that there was a single fraudulent ballot. Play cut 21 and I don't have

C (35:30)

to find one damn fraudulent ballot to make the point that what was done in Pennsylvania by the Biden campaign, by the dnc, by the state Democrats and by their officials violated the federal Constitution, period. Whether there's fraudulent votes or not. And there are, and a lot. But they violated the specific language of the federal constitution because they had a Republican legislation they needed to go around them.

A (35:59)

And so very clearly, Mike Pence has the authority, because this was an unconstitutional election, to not count the ballots that changed their election law in defiance to the wishes of the state legislature that would make this election go to the House of Representatives. Now, if this was the plan and if this was the last resort option, then President Trump and his team should have announced this a month ago so we could have prepped the American people and with it the media that this was coming. It's too late for that. Mike Pence has the power. He is overseeing the entire process as the president of the Senate. And he can choose not to count ballots that are completely and totally fraudulent and were certified unconstitutionally. Now, if Pence did this, he would immediately be challenged in court. Okay? Whether he would win that court challenge or not, I don't know. Remember, Pence is going to be presented with both envelopes. Let's take Arizona, for example. Electors for Trump, electors for Biden. According to the Electoral College and the state certification, the governor of Arizona says, electors for Biden. The other hand, electors for Trump. The moral thing to do and the constitutional thing to do, unless otherwise clearly stated, which has not been done, is to say, I will not count these, or he'll count both of them, which is a net zero. It wouldn't allow that threshold to be reached. I don't like that idea as much. Pence has plenary power. So Pence should say, I'm not counting Nevada, Arizona, Georgia, Pennsylvania, Michigan, Wisconsin. Sue me. And if we lose in court, then so be it. Mark Levin says very clearly, I don't have to prove that there was a single fraudulent ballot. This is cut 21. This is critical. The entire election was unconstitutional in the way that election law was changed in defiance from not going through the state legislatures. Therefore, the president of the Senate in any of those states should reject those electors, whether they were for Trump or for Biden. Mark Levin has the best point here. Mark Levin is saying very clearly, it is actually irrelevant whether or not there was fraud. There was hard to prove. You know what's easy to prove? It's not hard to prove for us. We see that we had a whole whiteboard. We could bring it back out. We're gonna have a Whiteboard tomorrow about all sorts of different things. That's not the point. The point is that a judge doesn't want to engage into it. Okay, a judge. But you know what? A judge should want to engage into that. The United States Constitution says that the state legislatures shall be the ones that change election law. That's not what happened here. Secretary of State's operating under their own authority outside of the state legislatures changed election law. Therefore, the entire election is invalidated. So I'm gonna repeat this throughout this hour a couple times, and we are the only program outside of the Great One, Mark Levin, that's gonna say this. Mike Pence does not have to count the ballots from states that violated the United States Constitution. He doesn't. He can say, I have both of them here. President Trump and Joe Biden will not be rewarded. The electors from Georgia, they will not be awarded the electors from Nevada, Arizona, Pennsylvania, Wisconsin, and Michigan. What happens next and what's the strategy from there? It's actually super clear, but it's also incredibly hard. It's not hard in the sense that it's difficult to navigate. It's hard because of the backlash. For the president to serve a second term would be immense. People are trying to say that President Trump is trying to overturn the election. This is nonsense. President Trump is trying to clarify the election. That the actual winner of the election gets made perfectly clear. January 6th is really a question as to whether or not that document called the United States Constitution actually has any power any longer. It's very simple. The objections are going to happen. 12 US senators, more no than yes, but still significant. They'll likely fail, and then it will be up to Vice President Mike Pence. It'll be in his hand to either count the electors for Trump for Biden, or not count them at all. We believe the most constitutional fair option is not count them at all. It then goes to the United States House of Representatives. Now, mind you, at that moment, the entire country would go into bedlam. Which is why, if this was their strategy, they better communicate this very soon, or else there will be civil unrest, there will be uprisings. The media will absolutely lose it. So what? These elections were conducted unconstitutionally. Now, if Mike Pence does not do this, and he certifies after the objections fail for Biden, then it really kind of is over. At that moment, the gavel slams. That's it. But Mike Pence can say, he could even delay. He can say, you know what? As the President of the Senate, I have plenary power. I'm not going to count these. We are not going to count these. If that happened, the electoral count would be about 233 for Trump, I think, like 230 for Biden. The point is no one would get to the majority needed at 270. Then it goes to the House. That's when the real chaos will start. And if the House then decides that Joe Biden legitimately won Georgia, Pennsylvania, Michigan, Wisconsin and Arizona, Nevada, well, then that's what the mechanism is there for. However, let's take a little trip back in the time machine. Back in 2004, George W. Bush had defeated John Kerry and Ohio was the swing state. Without Ohio's electoral votes, it would have went to the House of Representatives and with it, John Kerry might have become president. Remember when Democrats were calling for this cut?

D (42:49)

Four people must have every confidence that every vote legally cast will be legally counted and accurately counted. But constantly shifting vote tallies and in Ohio and malfunctioning electronic machines which may not have paper receipts, have led to additional loss of confidence by the public. As elected officials, we have a solemn responsibility to improve our election system and its administration. We cannot be here again four years from now discussing the failings of the

A (43:26)

2008 election during the House debate. Kevin McCarthy, who's been terrific on this, by the way, thank you, Kevin McCarthy, for objecting and for leading the troops to do the same. My friend Kevin McCarthy deserves credit for this. He wants to be speaker and this is a good way to become speaker is fight the tough fights. He should play that tape clearly on the House floor. The question is twofold. Number one, is Pence getting bad constitutional advice that he doesn't have the power to do this and we don't know that the Supreme Court has not ruled on that. And if the Supreme Court comes out and says it's unconstitutional for the President of the Senate, under his plenary power granted him by the Constitution given by the Founding Fathers and unchanged and unratified, does not have the power to not count ballots that were done so, that were done unconstitutionally, then that would be final. But if it goes to the House, we have picked presidents through the House before. We talked about 1800, 1876 and 1960. Know the history. In our fast paced world, it's time to make reading a priority. At least it used to be. A new app called Thinker. You guys have heard me talk about it. Thinker.org Charlie T H I N K R has solved that problem by summarizing the key ideas from new and noteworthy fiction, giving you access to an entire library of great books in bite sized form. Read or listen to hundreds of titles in a matter of minutes, including old classics like Dale Carnegie's how to Win Friends and Influence People. If you want to challenge your preconceptions, expand your horizons of what Become a better thinker, go to thinker.org Charlie that's T H I N K R.org Charlie to start an extended free trial and put your mind in motion. Let's go to cut 10 of Representative Elise Stefanik saying she will object on January 6th as the representative for New

D (45:24)

York's 21st congressional district, I plan to object to certain contested electors on January 6th. I am committed to restoring the faith of the American people in our elections, that they are free, fair, secure and according to the United States Constitution.

A (45:43)

Good for her. She deserves credit and she is in leadership of the House of Representatives. She was once the youngest woman ever to serve in the House of Representatives. Now the youngest member label goes to Madison Cawthorn, who is a sitting member of the US House of Representatives. In addition, the Democrats are predictably attacking anyone who is coming out to object to the results as a traitor to the United States of America. Let's play cut 14 where Joe Scarborough says just that. They've remained quiet while the President of the United States has tried to conduct a coup against a democratically elected president elect and now they are engaging in acts that are helping the President's attempt to pull off sedition against the United States of America. A coup. Now, of course, they were silent when an actual coup was launched against President Trump four years ago. It seems as if liberals don't want us to live in their country anymore. And that feeling is increasingly mutual when they call us traitors, as if we need to be hung because we're enacting treason. It's a dangerous framing of the argument when you call people you disagree with traitors to the United States of America. Mind you, Republicans don't use this language because we know that if you call someone a traitor, it's punishable by death. And so will Mike Pence make the decision not to count the ballots from each state that is in contention? We don't know. But to be very honest and very clear with all of you, I know you would expect nothing else or nothing less from us. That's probably the only option for President Trump to serve a second term at this point. That's it. There are not enough of senators that have a backbone to fight. We do not have a majority in the House of Representatives despite Nancy Pelosi saying it's not a conspiracy theory. Not to talk about voter fraud. Let's play cut five.

D (48:12)

Our very democracy depends again on the confidence of the American people in the integrity of our electoral system. So my colleagues, please don't talk about this, about a conspiracy theory. It's not about that. It's not about conspiracy. It's about the Constitution of the United States.

A (48:34)

It's about the Constitution in the United States. Isn't it amazing how they love the Constitution when it just fits their radical, ridiculous agenda? So that's it. Is that clear? Three options. Number one, magically in the next 48 hours, senators rise up. House members rise up. Democrats say, you know what? I don't want a Vice President. I don't want a Biden presidency. And the objections work. The other option is the objections fail and Pence follows the certification of ballots and results that are fraud, flawed, fraudulent and unconstitutional in nature. Or Mike Pence refuses to count ballots from states that acted unconstitutionally with remarkable overwhelming evidence of fraud. If that final scenario happens and it goes to the House of Representatives, the circus will ensue. Of course, that's why we're here, to help make sense of all of this. And each state gets one vote. South Dakota gets the same amount of vote as California. And that will determine the next President of the United States. It's really that clear. None of it is easy in the sense that the backlash, the spine that it would take, the backlash you'd have to endure. The spine that it would take to win that argument, to push back against that backlash is significant. The courts have little to no interest in engaging in this. But the one way that you can get the courts into action is if Pence acted with the authority, the plenary power that he absolutely has now. Senator Ted Cruz has suggested and recommended a 10 day commission. 10 day delay. Mr. Cruz and 10 other Republican senators have proposed the creation of an election commission to investigate claims of voter fraud in certain states within 10 days and said they would vote to reject the electors for Biden on Wednesday. Until one was formed, there is little chance one will be. That's what the New York Times. Okay, but the sequence is this. Pence rejects electors from states that are in contention as other, as other vice Presidents have in the past. Even if they're involved in the election that'll go to the House, Pence will immediately get sued. The Supreme Court will convene. They'll determine whether or not Pence has the authority to do that, which he does. Other vice presidents have done it before and then the House will vote now. Also, don't underestimate the power of the 24 hours of debate, the 24 hours of debate in the Senate and the House. Also, what about the state legislatures that could also recall and decertify some of these election results? The Trump team, including Rudy Giuliani, who's on our third hour of our radio program and also on our podcast and our YouTube channel, so make sure you check out the podcast, has said that the state legislatures could decertify. Now I said this on my podcast today, I encourage you guys to check it out. The lack of a long term strategic plan here from whomever is calling the shots on behalf of the President here when it comes to Mike Pence might be the downfall of this whole strategy. If as soon as we started to see the election results go in a troubling direction where we started to see the fraud pile up and all this, if the Trump team would have said we are not going to certify via Mike pence's decision on January 6th unless we get this cleared up, the framing would have been Joe Biden is not present elect and the Democrats would have been put on defense. We would have put on offense despite what all the fraud was happening. And then we would have had a long period of time to win over public opinion, win over senators, and then use the Georgia runoffs as a way to get broad based support from the United States Senate. Mitch, you want Donald Trump to go visit Georgia, then you gotta get the Senate in line on January 6th. Not to support all of these different measures. That would have been a proper course of action. Instead it's like a circus. And I'm not blaming anyone in particular cuz it's really uncharted territory. It's unprecedented. But things were moving so fast that in November 10 or November 12 it would have done everyone a lot of good if the people in charge of crafting the strategic plan would have turned off all their devices, would have opened up the United States Constitution and gamed this out and first asked themselves the question, are they willing to go constitutionally scorched earth or do they just want to go through the motions? The President, he's willing to fight all this through other people. I don't know some people that are doing this. I don't like to attack people's motives. It feels like though some people that are doing this are doing this for political theatrics. Look at me. And by the way, it's kind of irrelevant. The intentions here are completely and totally Irrelevant if you're objecting and your intention is for your own selfish political game, so what? You're doing the right thing. I hope you benefit from it. However, properly charting this out and putting the Democrats on defense saying no, no, no, no, you have to prove that this election was not stolen in Arizona, Georgia, Pennsylvania, Wisconsin, Michigan and Nevada instead. Now, the framing of the media, because we let it happen, was that somehow we're the ones that are trying to overturn the election. No, they're the ones that are trying to uphold a fraudulent election. It's a completely different thing. And for those of you that are just tuning in on the radio program or on the live stream, it's really this simple on January 6th. And this is the only course of action because the objections are going to fail. There's not enough senators, we've gone through the list word for person by person. It's not gonna work. But Mike Pence listens to the objections, gets the results and the slate of electors for the six states that are in contention, and say very clearly neither candidate receives their electors because of the unconstitutional fraudulent nature of the way this was conducted. Let's listen to cut six. Bernie Sanders, who said this back in 2004. But I agree with millions of American citizens that no American should have to wait four hours to cast a vote. I agree with tens of millions of Americans who are very worried that when they cast the ballot on an electronic voting machine that there is no paper trail to record that vote in the event of a recount. I agree, Senator Sanders, that's why you objected in 2004. I think he objected. I think he was a congressman at the time. Anyway, I don't need to go into the political history of Bernie Sanders here on the short time we have remaining that could be on a different program. When we study Soviet Russian history. The essence is this. Mike Pence does decides as the President of the Senate plenary, unilateral total authority, unitary executive theory not to count goes to the House. Once it goes to the House, Donald Trump should win. A lot of you are emailing us freedomarliekirk.com saying, Charlie, you make this so simple and so easy. Why is this being so complicated? It's cuz this is gonna be the toughest fight. The question is, are we ready for it? Are we willing to put everything on the line to do this or do we just wanna roll over? But I want to get into cut 16, which might be one of the dumbest things I have seen come out of the US Congress in Recent history. This guy was asked to pray. Representative Emmanuel Cleaver. Right. And he ended the prayer by saying amen and a woman. Play tape. We ask it in the name of the monotheistic God, Brahma and God known by many names, by many different faiths, a man and a woman. Did he pray to Brahman? No, I think he prayed to Brahman, didn't he? Now, Brahman is a universalist principle. He called it the monotheistic God. Yeah, he sounds so incredibly intelligent. But for those of you that missed it, let's play this tape again from the theologian Representative Emmanuel Cleaver, who is tasked with praying in front of the House of Representatives. Why anyone would give this guy stage time? This is your government playtape. We ask it in the name of the monotheistic God Brahma and God known by many names, by many different faiths, a man and a woman. Okay. There is so much there. I could do an hour and a half podcast on that. This guy, in 17 seconds, managed to make such a complete. So this is what happens, by the way, if you allow that teenager and the communist to become a US Senator in Georgia, Warnock and Ossoff, people like this are gonna be running the United States Senate. You will be handing the keys to these radicals. So he ended his. I guess that's called. Was it a prayer? Was that what he was doing? I have heard a lot of prayers in my life from many people, different faith traditions. I've never heard anyone say, I pray to the monotheistic God. He did say Brahma, the Hindu God. That's fine if you believe in that. I'm not going to attack. It's just very bizarre. And then he ended up by saying amen and a woman. As if we. When we say amen, you do know it's a Latin phrase for so shall it be not. We're saying Amen because we believe in some sort of fallow, logocentric patriarchy system of Western oppression. You see, this is how you know your society actually has less problems than the people who are professionally in charge of finding them. How do you know this? You have to spend your time as a House of Representative member ending a Latin prayer by all of a sudden saying amen and a woman. That's not what it means, Brahmin man. Just making stuff up. We did get a couple emails on this freedomarliekirk.com and I did want to make sure I spent some time on it. I'm going to have to kind of reflect further on the right way to dissect this. It's such a sensory overload that this guy, the priest. Representative Emmanuel Cleaver. He's not a priest. I'm saying that facetiously. Who gave the prayer? Oh, he actually tweeted about it. I was honored to deliver the prayer. That's what he said. I was honored to deliver the opening prayer for the 117th Congress. May God bless each, every one of you represented with the courage of wisdom. Defend our democracy and liberties we hold so dearly. The tone and tenor of the left is to be confidently wrong about almost everything. Remember, this is a party that booed God and removed God from their convention this summer and four summers ago. So, Representative Emmanuel Cleaver. Congratulations. You have said the stupidest thing I've heard this entire year. Not saying much, but actually there have been some real gems. I want to reinforce this point. Pence has the power. Until the Supreme Court rules in a different way. Pence has the power to deny the electors from the states in question, which would make that no one gets to the 270 electoral votes. It goes to the House and they vote from there. Will that happen? I do not know, but it can happen. The roadmap is very clear. Is it a high threshold? Yes. Are the stakes high? Absolutely. But here are some questions that we have. Why is John Barrasso not objecting? John Boozman. Richard Burr. Shelley Moore. Capito. John Thune. Thom Tillis. Patrick Toomey. Dan Sullivan. Richard Shelby. Roger Wicker. Todd Young. Rob Portman. James Rich. Mitt Romney. Good luck. If anyone lives in Utah right now, please just run against him. I don't care if you've never run for anything before. I don't care if you're dog catcher in Provo. Just run. Everyone run against him. Find some way to do that. I will personally go and support you. Marco Rubio. I'm going to hold out some hope. He might do something here. Ben Sasse. No chance. Rick Scott. Tim Scott. Ted Cruz. Thank you for coming out. Steve Daines. Amazing. Mike Crapo. Nowhere to be found. Joni Ernst. Really glad we all gave Joni all that support. Right. Against Teresa Greenfield. Mia. Nowhere to be found. Deb Fisher. Bill Cassidy. Susan Collins. John Cornyn. Kevin Kramer. John Hovin. From North Dakota. Sydney Hyde Smith. Nowhere to be found. Lindsey Graham. Remember when he was begging us for all that support because he was in a tough race? Chuck Grassley. I hope he's going to actually object. Let's go to cut 28 of Ted Cruz explaining how he thinks this is the election. 1876, strongest precedent. Ted Cruz, by the way, a dear friend, a good American. God bless Ted Cruz. Play tape.

B (63:26)

I think the strongest precedent is the presidential election of 1876, Hayes vs. Tilden. In that election, there were serious allegations of fraud in three different states. In Florida, in Louisiana and in South Carolina. And what did Congress do in 1876? Now they didn't throw up their hands and say, well, gosh, we've got allegations of fraud, but we can't do anything about it, we just gotta certify. Nope, they didn't do that.

A (63:55)

And Ted Cruz is the one that is leading the charge on this. And Ted Cruz deserves a lot of credit for this. I wanna go back to the Mark Levin tape here, which is the one that we really liked. We have like six. Mark Levin, the great one, was really on fire this weekend, I have to say. Mark Levin has been one of the best voices on this in a truly incredible way. Let's play tape of the great one.

C (64:17)

And I don't have to find one damn fraudulent ballot to make the point that what was done in Pennsylvania by the Biden campaign, by the dnc, by the state Democrats and by their officials violated the federal Constitution, period. Whether there's fraudulent votes or not. And there are and a lot. But they violated the specific language of the federal constitution because they had a Republican legislation they needed to go around them.

A (64:46)

Do we have the next, the other one of Levin talking about the state legislatures? Let's play that one, please.

C (64:52)

Article two, Section one, clause two of the United States Constitution, and we've talked about it here before, has been intentionally violated, eviscerated by the Democrat Party and the United States Supreme Court. Each state shall appoint in such manner as the legislature thereof may direct. Listen to this language, it's black and white. The legislature may direct a number of electors equal to the whole number of senators and representatives to which the state may be entitled in Congress.

A (65:25)

And so it's very clear that even despite all of the fraud claims that have been mounting with significant amounts of credibility, Mike Pence has the power and I think has the moral authority to reject the electors from these states. And some people say, well, he should award them to Trump. I actually don't have that opinion. I don't. That would be in direct defiance to what the Electoral College has said. Instead, you don't count them. You see, it's a two step process. You have a check, you have a balance. The check and the balance on the Electoral College is the president of the Senate not counting them. Now, let me Be very clear. I don't like where we are at. I've said this before. I don't like the fact this is now gonna be decided by US Senators and by House members. Tough. That's where we are. The future of the Republic rests on it. Let's play cut 29 of Ted Cruz calling on Congress to follow his lead. Cut 29.

B (66:23)

They appointed a commission. It was called an electoral commission. Consisted of five House members, five senators, five Supreme Court justices. They considered evidence, they examined the ballots, and they made a determination based upon what the disputed ballots and what the outcome should be. What I'm arguing for is Congress ought to do the same thing. We ought to have a fair inquiry, a fair audit into these results, and we. And we ought to resolve these claims, not just dismiss them out of hand.

A (66:52)

Thank you, Senator Ted Cruz, for leading so clearly on this. And also thank you, Senator Josh Hawley, for getting this whole party started. I think that Senator Hawley started a lot of these other senators said, wait, hold on a second. We kind of want to follow your example. I want to reiterate this. Mike Pence is the President of the Senate. As the President of the Senate, he has the authority, the plenary power, to act in the discretion that he wishes. If he does not do this, and I'm not saying it's an easy decision to make, I'm not saying that you won't be the most hated man in D.C. amongst the cartel of Washington and amongst the inner workings of our deepest state of government, no doubt people will hate you. Get in line. However, he has the power, until the US Supreme Court says differently, he has the absolute and complete power to reject electors from states that administered their elections unconstitutionally. And maybe if this goes to the US Supreme Court, maybe the Supreme Court can actually rule on these election results. A lot of you have been emailing me here. Freedom. Charliekirk.com Then why won't he do it? I don't know. And what can I do? Reach out to every single US Senator, every single one of them that's a Republican, the ones that have voiced their support. Do me a favor. Thank them. I mean that. Go and thank Tuberville, Haggerty, Marshall, Lummis, Braun, Blackburn, Kennedy, Daines, Lankford, Hawley, Johnson, Cruise. Go thank them. I mean that. And then go ask every other Republican why they haven't done the same. And keep the pressure on. And also public displays of encouragement to the Vice President, my friend Mike Pence, to say you have the power and the moral obligation to reject these Polluted votes. The Latest polls in Georgia 1 shows Loeffler down 2 points to Warnock. You want to know how to close the gap? Come out in support on January 6th. Senator Loeffler, please, while I'm still reviewing it. What are you reviewing? You know, the election was stolen and we didn't get a chance to cover this during our livestream, but I do want to cover this in Georgia. You want to lose the Georgia runoffs? Then have your turncoat Secretary of State Raffensperger illegally record a phone call with the President, United States. You think that's going to help Loeffler and Perdue? Perdue had the correct answer to this. Cut 24. Perdue knows he needs the Trump support. Cut 24. David Perdue.

B (69:56)

I don't think it's really going to affect our election. I'm still shocked that a member of the Republican Party would tape a sitting president and then leak that. It's disgusting in my view. But what the president said is exactly what he's been saying the last few months, and that is that or the last two months. Anyway, we've had some irregularities in the election in November, and he wants some answers.

A (70:15)

I mean, that's, that's a better answer, quite honestly, than I expected from him. And that's fine. It's not some irregularities. Okay. The entire election in your state was unconstitutional because of turncoat weak leaders like Brian Kemp and Raffensperger that care more about political power and political contributions than doing what is right for the people in their state. People are asking, Charlie, what happens if we lose Georgia? Say they cheat again, as if the setup again. What then, David? Well, that's up to Brad Rothenberger and the Georgia Attorney General to prevent Stacey Abrams from cheating again. Will that happen? I don't know. Should you go and vote? If you're in the state of Georgia, yes, go vote and get your friends to do the same. It is the moral thing to do. It is never the right thing to go elect Democrats ever. I'll close with this thought. Pence has the power. It's well within the Constitution. Trump can serve another four years. The question is, is there the will? Thanks so much for listening, everybody. If you want to email us your questions, email us freedomarliekirk.com if you want to get involved with Turning Point USA, go to tpusa.com and to support us, go to charliekirk.com support thanks so much for listening, everybody. God bless. Speak to you soon.