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- [00:00]
Charlie Kirk
Hey, everybody. Today on the Charlie Kirk show, what is a cr? We walked through this in great detail of what some people are calling a pile of garbage. Marching through Congress. Mike Davis as well joins the program to talk lawfare and the importance of staffing the Department of Justice. Email us. As always, freedomarliekirk.com Become a member today. Members.charliekirk.com that is members.charliekirk. com Come to America Fest. It's happening right now. Amfest.com, that is amfest.com Buckle up, everybody. Here we go. Charlie, what you've done is incredible here. Maybe Charlie Kirk is on the college campus.
- [00:35]
Mike Davis
I want you to know we are lucky to have Charlie Kirk. Charlie Kirk's running the White House, folks.
- [00:42]
Guest Speaker
I want to thank Charlie. He's an incredible guy, his spirit, his love of this country. He's done an amazing job building one of the most powerful youth organizations ever created, Turning Point usa.
- [00:53]
Charlie Kirk
We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country. That's why we are here. Noble Gold Investments is the official gold sponsor of the Charlie Kirk Show, a company that specializes in gold IRAs and physical delivery of precious metals. Learn how you could protect your wealth with Noble gold investments@noblegold investments.com that is noblegoldinvestments.com it's where I buy all of my gold. Go to noblegoldinvestments.com okay, everybody. I am back in Phoenix, Arizona, after being on a special commissioned project out east. We'll be going back and forth. I'll be spending a lot more time than I would like in D.C. but duty calls, everybody. It is the price of victory, as they call it. Mitt Romney famously said when he was running for president, when he went back to Michigan, he said, I love Michigan. It feels like home. The trees are the right height. Very similar being here in the studio. The chair is perfect. The audio is tuned correctly. Great to see the whole tech team here. And the coffee just tastes perfectly. We have America fest coming tomorrow. Amfest.com we're gonna get all into the CR stuff. Don't worry. Continuing resolution, which is just a huge disappointment. But go to amfest.com that's amfest.com President Donald Trump is the keynote. Get your tickets right now. Tickets are basically running out, so if you want to attend, look at the speaker lineup that we have for you guys. We got Glenn Beck, Steve Bannon. I can't even see all the faces there. I have to like Zoom in. The biggest speakers in the entire movement will be there. Amfest.com, am fest.com that is amfest.com AmericaFest starts the Phoenix Convention center tomorrow. Amfest.com okay, so what is a continuing resolution? We are now on the 35th CR or continuing resolution. Let's educate you first, all of us together, on what a CR is. So a CR and the primary purpose of a CR is to try to prevent a government shutdown by keeping the government running at current funding levels until new budget agreements are reached. So here's how it works. It's about a four step process. It's usually a short term funding measure. A CR provides typically funding at same or about levels as the previous fiscal year. This allows government operations to continue without any interruption even though the formal appropriations process has not been completed. The duration of a CR usually lasts from either a couple days to several months, depending on how long Congress needs to finalize the appropriations bills or reach a broader budget agreement. Now let me pause. We have not gone back to regular established budget order in 35 CRs. It has now been 35 CRs over and over and over again. That phrase kicking the can down the road is summarized within the idea of a cr. As the name suggests, it's just a resolution to continue business as usual. No changes, no cuts, no appropriations. Just keep things going without interruption. Now there's the lack of a lot of policy changes as well. In general, a CR only addresses funding and does not include any significant policy changes. Now, sometimes Congress may add anomalies to a CR which are specific adjustments or exceptions to normal funding rules to address unique circumstances. Now, the impact on government programs, the CR ensures that federal workers can keep on being working, blah, blah, blah, blah, away from a government shutdown. I always laugh at the government shutdown. Why are we afraid of government shutdowns? Because then you can finally divide the federal government into essential and not essential workers. Now, if you watch the Charlie Kirk show carefully, remember there's always an excuse as to why we can't cut spending. Always. Well, we're too close to an election is typically the, the excuse. Well, you can't possibly use that excuse right now. You can't possibly say we are the farthest that you humanly can possibly be from an election. But now it's the excuse that drives me mad. The excuse is, well, it's Christmas time and we need to go home. It's Christmas time. Now the best possible argument for why you pass a CR is, or at least you try to Get a clean slate. This is what they're saying, is that we need to make sure the President does not inherit, President Trump inherit a government shutdown and that the President can get his initial policy agenda items like immigration passed in the first place. That's not a stupid argument. But what is indefensible, what is just complete rubbish, is the idea that you could not work through Christmas to get a better version of the budget. And so it's everybody's favorite time of the year. The House of Representatives. Yesterday, House of representatives rushed a 1,500 page spending bill. Nobody has read and nobody understands. You know something I really want clarity on is the logistics of this. Who wrote this and who has been writing this? I want to meet that human being. And what office are they housed? Maybe 1500 pages. I mean, Blake helped with right wing revolution. I mean that's 1500 pages is a lot. That is. That's a lot of writing. Who's doing this? Are they using AI? I think they're using Copilot or ChatGPT. Here's the other question. Did ChatGPT write the continuing resolution? The continuing resolution includes $100 billion in disaster relief and FEMA funding and includes a random revision to laws governing pharmacy benefit managers. Now, maybe it's a good law, maybe it's not, but they're folding a massive spending bill instead of debating all of these things directly. And again, I cannot reiterate this enough. If you are a member of Congress, you are just trying to go home for Christmas while bankrupting future generations with trillions of dollars of unnecessary spending. That is a bad reason. Okay, do a one week cr. Do a one week cr. Do a 1 week cr and then keep on debating. Say that's what cr's were designed in the first place. Crs were always designed to give you an extra week to allow negotiations to go to keep going for two weeks. The CR includes that the federal government must pay 100% of rebuilding the cost of the Francis Scott Key Bridge, which collapsed, obviously a ship collided with it in Maryland. The bill gives control of the land containing the RFK Stadium in D.C. back to D.C. itself. Why is that part of emergency spending bill? I don't know. Oh, and also just to kind of stick the knife in and twist it. This is the one that bothers me the most. It raises Congress's pay to $243,000 a year. It went up from $174,000 a year to $243,000 a year. How many of you right now would Love a pay increase of that magnitude. Would love a $70,000 pay increase. That's a big pay increase. 174,000 to 243,000. Chip Roy has called this a crap sandwich. Eric Burleson says it's a dumpster fire. Now look, I've been very busy at Mar a Lago, so I've been following all of these details, been in and out of stuff in Palm Beach. I don't know how this mess subtly emerged in the last couple of days, but trust me, even members of Congress are feeling blindsided in some way. And again, I am all on the team. I am team clean slate. The President must have a clean slate so that he is not inheriting Joe Biden's legislative problems. I think that is smart. I think that is justifiable. However, this rush that we are going to force feed another CR is not defensible. So instead it should have been the following. We're going to do a one week continuing resolution or a two week continuing resolution and we're going to negotiate all through over Christmas. We're going to do Christmas in Congress. We're going to order a bunch of pizzas. And as I mentioned last year, during that same spending palooza that happened, how many of you in this audience that are nurses, police officers, that are working in urgent care, that are doctors, have worked on Christmas and yet Congress, it's like an incomprehensible reality that as a US Senator or as a member of the House that you must show up and work. But they are increasing their pay by 28% from $174,000 a year to $243,000 a year. So instead, what should have happened is they should have said, we're gonna keep negotiating, we're gonna cut spending, we're not gonna just keep on doing business as usual. And if you miss Christmas, well, the country is more important than that. It just is. But this is just more business as usual and the taxpayers get hosed.
- [10:48]
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- [11:50]
Charlie Kirk
Email us as always, freedomarliekirk.com you guys are right. You're the best audience, by the way, in broadcasting. Charlie, your team's math is wrong. It's a 40% increase. It is a 40% increase, not a 28% increase. The working class of this country rose up in huge numbers and sent a message saying that we are working our tail off. It is time that you start to take orders from us. And instead of listening to the voters, this lame duck Congress is doing more of the same. Here is Senator Richard Durbin from Illinois, one of the worst. He is one of the worst. Manu Raju is asking him about pay increases. Play cut.
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Reporter
52 members are giving themselves a pay raise. Do you guys deserve a pay raise?
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Senator
Well, that's news to me. It's good news. You know, what has it been 10 years or 14 years and no cola? No change at all. I think it's about time something's done.
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Reporter
There's a piece of pork giving yourself the Paris.
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Senator
How would I not know about the.
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Reporter
But I mean, I mean, people look at the performance of Congress, say why should we give them more money?
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Senator
What about the media? Think about that for a second.
- [13:09]
Reporter
We're not paid by public money.
- [13:10]
Senator
I know you're not, but I mean, half of your listeners are not there anymore. You're still getting the same paycheck. What's going on?
- [13:16]
Reporter
Well, I mean, you're taxpayer money. I mean, you guys deserve a raise.
- [13:20]
Charlie Kirk
I've not seen that. That is excellent. Here's the difference. Well, it's not even a. I mean, look, CNN wants to pay their executives $9 million a year. They're a private corporation. They have every right to be able to do that. Dick Durbin is supposed to work for the people of Illinois. He's supposed to be a public servant. And Dick Durbin's a liar. He knew this pay increase was coming. That whole thing was a shtick. That was all a bunch of bs. By the way, a state of Illinois that is in debt losing population, is a laughingstock and is an open war zone. Dick Durbin says, oh, we haven't got our cola and we haven't gotten our pay increase. And you wonder, Dick Durbin, why people hate you. You wonder why there has been this populist revolt. You wonder why the citizens have been rising up against the entrenched oligarchy. Let's go to the CR right here. Let's go to cut 53, please.
- [14:17]
Speaker Johnson
Well, I was communicating with Elon last night. Elon and Vivek and I are on a text chain together and I was explaining to them the background of this. They understand the situation. They said, it's not directed to you, Mr. Speaker, but we don't like the spending. I said, guess what, fellas? I don't either. We got to get this done. Because here's the key. By doing this, we are clearing the decks and we are setting up for Trump to come in roaring back with the America first agenda. And all of our fiscal conservative friends, I'm one of them, will be able to finally do the things that we have been wanting to do for the last couple of years. Right now, Democrats still control, and that's the problem. So we gotta get this thing done so we don't have the shutdown. So we get the short term funding measure and we get to march where we can put our fingerprints on the spending. That's when the big changes start and we can't wait to get there.
- [15:04]
Mike Davis
Right.
- [15:04]
Charlie Kirk
Okay, so let me first agree with the first part of what Speaker Johnson says and then the rest. I couldn't be more opposed. He is right. The agenda should be to give President Trump a clean slate. President Trump should not inherit the Joe Biden legislative problems. However, it's a little bit misleading because you can still fight in this session. That does not mean you have to capitulate or surrender. So both those things can simultaneously be true. While you're saying we want to eventually clear the deck, you could say, hey, we're going to do a one week government shutdown. We're going to do a one week government shutdown and we are going to try to get some concessions, we're going to try to get some spending cuts and we're going to take this week by week and by the time the new Congress gets sworn in on January 3rd, then we will have a clean slate. At least do some of the leverage that you have and also work through Christmas, work through the Christmas season. I cannot be more perplexed why the members of Congress feel As if they are immune from working weekends, working evenings and working through Christmas. So while, yes, we do want to make sure the president, President Trump does not have poison pills of a government past, I also kind of just shrug my shoulders and say, okay, now March, I mean, if you had, you know, be a very powerful timeline is all the people in D.C. that have said, we just have to wait till September of 2022, we just have to wait till December of 2022. We have to wait till June of 2023, we have to wait till December of 2023, we have to Wait till January of 2024. Oh, it's an election year we gotta punt through. And that someone, if someone makes that sizzle reel, you could connect that back over a decade. You are the most powerful office holder as a republic in the country. I think it's time to start working like it. And great nations should demand greatness of their leaders.
- [17:13]
Advertiser
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- [17:16]
Charlie Kirk
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- [17:17]
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- [18:15]
Charlie Kirk
Okay. Joining us now is Mike Davis. Mike, welcome to the program. Mike First, I want to get your reaction on the continuing resolution. More of the same. Your reaction, Mike Davis I would say this.
- [18:26]
Mike Davis
I think that we get frustrated every year that the reptiles won't drain the swamp, the political branches won't drain their own swamp. And I would say this, that we need to keep pushing them and hopefully this gets better under a Trump administration. But at the Article 3 project, we understand that our 20 year goal is to have the federal judiciary, federal judges, drain the swamp by looking at the Constitution and saying, I don't see, for example, this particular federal agency named in the Constitution. So why the hell is, does this agency exist? And that's, I think that's the play over a 20 year period to dismantle the federal government through federal judges, our plumbers.
- [19:15]
Charlie Kirk
So the CR is, is very frustrating to a lot of this audience. You've worked a lot in the Senate and on legal counseling. What specifically do you think needs to change in the Trump administration to make sure that we can disrupt the standard operating procedure here?
- [19:33]
Mike Davis
Well, I think what you're gonna, what has to happen is you need to have your audience and maybe we can team up on this, is just light up their elected members of the House and Senate and hold them accountable every step of the way during the appropriations process. Because these politicians in D.C. are always going to go with the lobbyist and the special interest in D.C. unless and until they hear from their constituents back home. We did this with Katanji Brown Jackson's confirmation to the Supreme Court. She almost got 10 Republican votes and ended up where she got three and they ran out of town. We're doing this now with these cabinet picks with Cash Patel and Pete Hegseth. They said they were dead on arrival. And then three days later, after we got Americans to call their home state senators and light them up, they went from dead on arrival to when can we start? We need to do that same. Grassroots movements on government spending every step of the appropriations process to hold these politicians accountable and then make them understand, if you go with the D.C. politicians, if you go with the D.C. lobbyists, the special interest, instead of your constituents back home, we're going to make your lives hell.
- [20:51]
Charlie Kirk
Mike, let's now talk about what is the breaking news with Juan Merchan yesterday involving the president.
- [20:56]
Mike Davis
Well, Juan Bershon seems to think he can just disregard the Supreme Court's monumental presidential immunity decision back in June, where the Supreme Court correctly held that the president, any president, is immune from criminal prosecution for their official acts, not their personal misconduct, their official acts. And part of that ruling was very clear. Not only can you cannot charge, can you not charge a president for his official acts, you can't take evidence from his presidency. You cannot have evidence come in, for example, of Deputy Chief of Staff Hope Hicks or Deputy Chief of Staff Madeline, I can't remember her last name, where Alvin Bragg and this, this judge Juan Merchant allowed in this, this testimony over Trump's objection. And now they're Saying, oh, that, that, that evidence didn't really matter as cumulative. It was harmless here. That's nonsense. You, they, this, this Judge Juan Merchan directly violated the Supreme Court's presidential, presidential immunity decision. He's going to get reversed on appeal. No question. This, this case needs to be, to be kicked on because of mistrial. And I would say this, this judge is corrupt. He's clearly corrupt. His adult daughter, Lauren Michonne is a Democrat consultant and fundraiser. She's making money off of this case. Judge Bershon should have recused from this case and he's corruptly moving forward and not recusing. Even though a former Clinton judge went on Kaitlan Collins show on CNN on April 5 and said he had to, he had to recuse under New York statute. This, this guy is corrupt. He must be held accountable by the Trump 47 Justice Department.
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Charlie Kirk
So can I just ask kind of the verboten question that since this case was not dismissed on the immunity charges, is there a chance that President Trump gets sentenced while president?
- [23:02]
Mike Davis
That's the problem, Charlie, is they want this sort of Damocles over President Trump's head for the entire four years of his second term. So, for example, maybe he wants to cut funding for illegal immigrants in New York City. And so what does Alvin Bragg do? What does Judge Juan Mershon do? Then they drop this sword on Trump's head and cut off his head and say that he's going to go to sentence. This is going to create a constitutional crisis. You can't have a President of the United States held hostage by a corrupt prosecutor and a corrupt judge. There's no question that the Supreme Court of the United States is going to step in and stop this. And I would urge Trump's team to move forward very quickly.
- [23:51]
Charlie Kirk
Yeah, I just, what would that look like? I just, I need to speculate a little bit with you here, Mike, which is a sitting president that might have to serve jail time in a New York courthouse. Are we even having this conversation right now?
- [24:04]
Mike Davis
Well, I think they understand that they couldn't go arrest, they couldn't go arrest him while he's president and put him in Rikers island or I hope they're not crazy enough to try to do that.
- [24:15]
Charlie Kirk
These people are insane.
- [24:16]
Mike Davis
Well, I mean, you might have a shootout with the Secret Service if they tried to do that, because it's clearly illegal if they tried to do that. But I would say this. Do you want President Trump worried his entire four year term that he has to be a good boy and Alvin Bragg's mind and Juan Merchant's mind. Otherwise he could face Rikers island at the end of his presidency. That's not how our system works. I think that even John Roberts, who wrote a very good decision with the presidential immunity decision, understands this is so much bigger than Donald Trump or any one president. This is about the presidency. And you can't have corrupt local prosecutors hijacking the presidency with the threat of putting a president in prison.
- [25:03]
Charlie Kirk
So again, the incoming Attorney General, Pam Bondi and the associated U.S. attorneys, let's take Fanny Willis, let's take some of these out of control prosecutors without, you know, we're not trying to indulge in the spirit of retribution. That's not what we're talking about here. We're talking about fairness and justice. Walk me through the criminal code, Mike. Of what they could potentially be held accountable for, I would say the clearest.
- [25:32]
Mike Davis
Federal crime is 18 U.S.C. section 241, conspiracy against rights. When you politicize and weaponize intel agencies and law enforcement at every level, federal, state and local, to go after your political enemies for non crimes, that is the very definition of a criminal conspiracy against rights. And what I would strongly urge the Trump 47 Justice Department to do is open a criminal probe in Fort Pierce, Florida, where they did the Mar A Lago raid. Have a special grand jury come in and do this investigation, do this grand jury investigation. And if there is probable cause that these Democrats, lawyers and prosecutors and agents and operatives and even judges like Juan Bershon work together to violate the constitutional rights of President Trump or his top aides like Steve Bannon and Peter Navarro who went to prison or his supporters on January 6th who were politically persecuted according to the Supreme Court's Fisher decision in June. I think that there needs to be an indictment brought and I would recommend that indictment be brought in Fort Pierce, Florida for conspiracy against rights. And if they've done nothing wrong, why are they seeking preemptive pardons now? And if a grand jury indicts, that means there's obviously probable cause. They've committed a crime and nobody's above the law, so they should probably lawyer up. Those are all the things that they told our side during the four years of Biden's lawfare against President Trump for non crimes. I think that we need to bring justice and accountability for real crimes so this never happens again.
- [27:19]
Charlie Kirk
Mike, am I correct in my recollection here that conspiracy against rights is what they use to put Douglas Mackey in the criminal justice? I wanna say behind bars, cuz he hasn't been sentenced yet. But is that correct?
- [27:30]
Mike Davis
I believe so, Charlie. And it was also one of the charges that Jack Smith brought against President Trump with one of his four charges in the D.C. jan. 6 case for the non crime of objecting to a president presidential elections. So Jack Smith and Jay Bratt and the rest of the Jack Smith's special counsel team is very, very well aware of 18 USC Section 241. And frankly, it sounds like they may have participated in their own conspiracy against rights when they politicized and weaponized our federal intel agencies and law enforcement to go after Trump, his top aides, his supporters. It sounds like a very serious federal civil rights felony. I think it's up to 10 years in prison under 18 USC section 241. And so, you know, I'd be worried if I were them.
- [28:25]
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- [29:27]
Charlie Kirk
So, Mike Davis, we have four minutes here and this is more of a personnel fun conversation. You are ready to jump to the screen, Mike, the floor is yours.
- [29:36]
Mike Davis
Pam Bondi is an outstanding pick. I agree by President Trump to lead the Justice Department. She was an attorney general of Florida for eight years. She's going to bring an outsider perspective, a reform perspective to the Justice Department. Todd Blanch is the pick to be deputy attorney General. He was a longtime federal Prosecutor in the Southern District of New York, a big firm lawyer who gave up his big firm practice to go represent Trump during this law fair. So this guy has bled for President Trump. So is Emil Bove, his deputy. John Sauer is going to be the Solicitor General. John Sauer was President Trump's attorney who won a monumental case in the Supreme Court, the presidential immunity case, and was really the intellectual force behind President Trump winning this lawfare through the legal effort. He's, he's going to be a great Solicitor General. And then you also have to look at Charlie, the key offices, the key offices to make sure that this lawfare never happens again. You have Cash Patel at the FBI, a former federal defender, a former national Security attorney. He worked for the Obama Justice Department, got awards. He worked on the House Intel Committee as a senior lawyer, Office of the Director of National Intelligence. Cash was a deputy. He was the Chief of Staff at the Pentagon. He worked at the nsc. He's going to go into the FBI and bring serious reforms to the FBI. And then we need someone very good to serve as the U.S. attorney. And D.C. get rid of Matthew Graves, this left wing hack who has politicized and weaponized that entire office to go after people who trespassed and took selfies on January 6 while he gives amnesty to the much more deadly and destructive BLM and antifa riders. There is the president. Trump ran on this lawfare, ran on this election interference. He won in a landslide. He has a mandates for serious reforms to the intel agencies and the Justice Departments. And so I would say to these people who ran this lawfare against Trump, lawyer up because justice is coming.
- [31:55]
Charlie Kirk
So Mike, the U.S. attorney situation, does the President have the authority to fire all U.S. attorneys? And since U.S. attorneys have to be confirmed by the Senate, who actually runs the U.S. attorney offices in the interim?
- [32:09]
Mike Davis
Yeah. So the president, as the, as the head of the executive branch, has the constitutional authority to hire and fire any executive branch employee he wants, including the FBI director, including U.S. attorneys. President Trump through his attorney general, can appoint interim or acting US Attorneys while the President's nominees are going through the process. For back in the states, the home state senators have a veto through this stupid thing called the blue slip that we've had for over 100 years. But in D.C. there aren't senators. And so the President should nominate someone who he wants and the Senate should confirm that person quickly so we can clean out the rat's nest called the D.C. u.S. Attorney's office.
- [32:55]
Charlie Kirk
That's really smart. Last thing, Mike, remember last time in 2017, the Acting Director was Sally Yates. Am I correct? Is that my memory? Am I right?
- [33:05]
Mike Davis
Yep, that's correct.
- [33:06]
Charlie Kirk
How can the Trump team prevent an acting director in the Department of Justice from that might do something goofy in Trump's first couple minutes or hours of the presidency. 30 seconds.
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Mike Davis
So Emil Bove will be the principal deputy associate, excuse me, the principal associate deputy attorney general. He's the number two to the number two. He'll go in and he'll serve the functions of the, of the deputy attorney general and he'll be the acting, essentially the acting attorney general on day one.
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Charlie Kirk
Mike Davis, God bless you, man. Thank you so much. Excellent.
- [33:39]
Mike Davis
Thank you.
- [33:40]
Charlie Kirk
Really good. Thanks so much for listening, everybody. Email us as always, freedom at charliekirk. Com. Thanks so much for listening and God bless.
- [33:48]
Guest Speaker
For more on many of these stories and news you can trust, go to charliekirk.
- [33:52]
Mike Davis
Com.