Why the Supreme Court Is America's Last Defense | Mike Davis, President, The Article III Project

[00:00:00] These election officials around the country are letting illegal immigrants and other non-citizens vote illegally in our federal elections. That's unacceptable. We're going to call you out. I don't care if you call me an election denier. I don't care if you threaten to throw me in jail. Good luck. Do it. I don't give a damn. I'll sit in jail because we are going to protect the integrity of this election because everything is on the line on November 5th.

[00:00:27] Again, if Kamala wins, our country's over because she's going to pack the Supreme Court.

[00:00:33] Keeping our republic is on the line and it requires patriots with great passion, dedication and eternal vigilance to preserve our freedoms.

[00:00:43] Jenny Beth Martin is the co-founder of Tea Party Patriots. She is an author, a filmmaker and one of Time Magazine's most influential people in the world.

[00:00:52] But the title she is most proud of is Mom to Her Boy Girl Twins.

[00:00:57] She has been at the forefront, fighting to protect America's core principles for more than a decade.

[00:01:03] Welcome to The Jenny Beth Show.

[00:01:05] In this episode, I'm joined by Mike Davis, president of The Article III Project, to discuss the ongoing battle for our courts and the dangerous lawfare being waged against conservatives.

[00:01:16] From the Supreme Court to election integrity, Mike shares his insights on how these legal battles could shape the future of our country.

[00:01:24] Don't miss this critical conversation.

[00:01:27] Mike, thanks so much for being with me today.

[00:01:30] I got to know you when you were working in the Senate.

[00:01:35] We were working on different nominees, potentially for the Supreme Court and other courts.

[00:01:40] And I learned a lot about you during that time.

[00:01:42] And then I've watched you a lot on Steve Bannon's War Room and other things.

[00:01:47] And you've been really all over explaining to people what's happening with the indictments against Trump.

[00:01:53] And I would love it if you would explain what we're seeing right now with the reformulated indictments that Jack Smith has recently done.

[00:02:02] We are seeing desperation by President Biden and Vice President Kamala Harris and their Attorney General Merrick Garland and their Special Counsel Jack Smith.

[00:02:14] Jack Smith just filed a super seating indictment against President Trump in D.C. yesterday related to the January 6th case.

[00:02:26] And the big problem for Jack Smith is that the Supreme Court just issued two monumental rulings back in June, just a couple months ago, on these very issues.

[00:02:39] Number one, the Supreme Court held in the Fisher case that the Biden and Kamala Justice Department illegally contorted, politicized, and weaponized a post-Enron obstruction of justice statute that was intended to go after corporate fraud.

[00:03:00] That Biden and Kamala and Merrick Garland and the D.C. U.S. Attorney Matthew Graves and Special Counsel Jack Smith used illegally to go after Trump and his supporters on January 6th.

[00:03:14] And then you also have the Supreme Court rule that any president is immune from criminal prosecution for his official acts, not his personal acts, his official acts, just like they are immune civilly from their official acts, including the outer perimeter of their official acts, following a Supreme Court precedent in the civil context, the Nixon case from 40 years ago.

[00:03:42] And Jack Smith got his case should have been largely destroyed by those two monumental rulings out of the Supreme Court.

[00:03:52] And that's separate from the First Amendment and the vagueness problems with the indictments.

[00:04:00] But instead of packing his bags and going home, Jack Smith is the Freddy Krueger of this lawfare and election interference against President Trump.

[00:04:09] He's had his limbs taken off by the Supreme Court.

[00:04:13] Half of his face is taken off.

[00:04:15] But that hasn't stopped him.

[00:04:16] Freddy Krueger's back.

[00:04:17] And Jack Smith has filed this superseding indictment yesterday that largely ignores the Supreme Court's two rulings.

[00:04:24] It largely ignores the Fisher ruling because Jack Smith has four counts in his indictment from before.

[00:04:31] And those same four counts are in his indictment now, including two of those counts based upon 18 U.S.C. 1512, that post Enron obstruction of justice statute that the Supreme Court held in the Fisher case can't be used.

[00:04:47] And Jack Smith also included in this superseding indictment President Trump's conversations with his vice presidents, which the Supreme Court held were presumptively immune.

[00:05:00] And Jack Smith just ignored that.

[00:05:02] It's just moving forward with this D.C. January 6th case like the Supreme Court didn't rule against him in these two cases.

[00:05:10] And it's part of the Biden and Kamala pattern where, you know, they just they ignored the Supreme Court's ruling and the student loan forgiveness case where the Biden and Harris administration don't have the power to just unilaterally forgive student loans.

[00:05:25] Congress has to do that.

[00:05:26] That's an expenditure.

[00:05:27] That's the power of the person.

[00:05:29] It shows a dangerous and troubling pattern by President Biden, Vice President Kamala Harris and their administration, including the Justice Department, that they're willing just to just ignore Supreme Court rulings.

[00:05:43] But I would say this.

[00:05:43] Jack Smith's case is not going to go anywhere before the election.

[00:05:48] His case down in Florida got thrown out because Judge Eileen Cannon correctly held that the office of the special counsel is unconstitutional.

[00:05:57] It was not created by Congress.

[00:05:59] It was not funded by Congress.

[00:06:01] And it's not supervised properly by an officer of the United States, which is required under our Constitution.

[00:06:08] And then Jack Smith's going to run into the same problems he had before.

[00:06:12] He's going to have President Trump presumably saying that his indictment, his superseding indictment filed yesterday, like his indictment before, must be thrown out because of presidential immunity and because of the Supreme Court's Fisher decision.

[00:06:26] The presidential immunity must be decided immediately by D.C. Obama judge Tanya Shukkin, this radical partisan judge who ignored immunity last time.

[00:06:37] She's going to have to decide the issue of presidential immunity.

[00:06:41] However she decides is immediately appealable to the D.C.

[00:06:44] And that will take many months to get to that point.

[00:06:48] And then that decision by the D.C.

[00:06:49] Circuit could be appealed to the Supreme Court if they decide to take it.

[00:06:53] So this case is not even going to be set for trial for, you know, maybe even a year, maybe longer than a year.

[00:06:59] And the fact that Jack Smith waited three years to bring these unprecedented charges against a former president and a likely future president.

[00:07:08] And now he can't wait.

[00:07:10] We're within 70 days of the presidential election.

[00:07:14] We have early voting starting in Pennsylvania in mid-September.

[00:07:18] And Jack Smith decided, along with Merrick Garland, who personally approved this superseding indictment, or he must have under the regulations of the Justice Department.

[00:07:28] And if Merrick Garland didn't, then it's a clear violation of the Constitution that a constitutional officer didn't approve this superseding indictment.

[00:07:37] And the fact that they couldn't wait until after the presidential election, this shows that this is clearly a continuation of Biden and Kamala's lawfare against President Trump and their election interference,

[00:07:48] because they fear that Trump's going to beat Kamala like a drum on November 5th.

[00:07:53] She didn't get her post-convention bounce like she expected.

[00:07:58] Trump stole her bounce with RFK Jr.'s endorsement of him, along with Tulsi Gabbard's.

[00:08:04] Trump is a uniter.

[00:08:05] He's bringing in Democrats.

[00:08:07] And Kamala Harris is dividing people.

[00:08:10] And she's losing Democrats.

[00:08:11] And she's on a trajectory to lose this election.

[00:08:14] And again, Jack Smith's superseding indictment that Garland approved is a last-ditch, desperate effort to go after Trump.

[00:08:24] Mike, you mentioned that it's going to go back before the same judge in D.C.

[00:08:28] Did I read that he went through a whole new grand jury?

[00:08:33] And if he went through a grand jury, why does he have the same judge and not potentially a different judge?

[00:08:39] That's a good question.

[00:08:40] And I'd have to dig into that legal issue.

[00:08:43] But from what I understand, because it's a superseding indictment, even though they went to a different grand jury,

[00:08:50] it would go back to D.C. Obama judge Tanya Shuck.

[00:08:54] And they'd say either it's the same case or it's a related case or judicial economy.

[00:08:59] But the bottom line is this.

[00:09:01] What I think Jack Smith is doing here and Merrick Garland is doing here is I think they understand that this case is not going to be tried on the merits before the election.

[00:09:11] What I think they want is they want to trap President Trump in Tanya Shuckin's courtroom in D.C.

[00:09:18] and have evidentiary hearings or many trials on the issues of presidential immunity, meaning put people on the stand and make them testify,

[00:09:29] including maybe even try to put Trump on the stand to make him testify about what did President Trump do in his official capacity as the president of the United States,

[00:09:38] including the outer perimeter of his official capacity where Trump would be immune,

[00:09:42] versus what did Trump do in his personal capacity where they would argue Trump would not be immune.

[00:09:48] And then whatever Judge Tanya Shuckin decides would, again, be immediately appealable to the D.C. circuits, a three-judge panel,

[00:09:58] it could go to an en banc court, meaning the full D.C. circuit after that, and it could go to the Supreme Court after this.

[00:10:04] Again, the bottom line is this case is not going to get resolved before the election.

[00:10:09] It is truly remarkable the power that the judge is going to have in deciding whether the president of the United States who is elected,

[00:10:20] the judge is not elected, this is the judge who is elected, I mean, a president who is elected,

[00:10:28] can have in deciding whether the president was acting officially or not.

[00:10:32] It's not, this is not, they really do not want to open this Pandora's box.

[00:10:39] And they're opening it, and I don't think that this is what anyone in future generations,

[00:10:46] they're going to look back and wonder why we allowed this to happen.

[00:10:49] Yeah, this is obvious lawfare.

[00:10:52] It's obvious election interference.

[00:10:54] These are unprecedented and very dangerous waters that were, in which we're sailing.

[00:11:01] And it's, it's, this is, these are Republican-ing tactics by President Biden and Vice President Kamala Harris

[00:11:08] and their Attorney General Merrick Garland and their Special Counsel Jack Smith

[00:11:12] and these other Biden and Kamala Democrat prosecutors and judges around the country,

[00:11:18] whether it's up in New York City, where you have this corrupt Manhattan Democrat Judge Juan Bershon,

[00:11:24] who donated to Biden and Kamala requiring, illegally donated.

[00:11:31] And then his daughter, Lauren Merchant, is a leading Democrat fundraiser for Biden and Kamala,

[00:11:36] and she's raising millions of dollars off of this unprecedented case up in New York against Trump.

[00:11:42] And that requires Judge Merchant's recusal under New York statute.

[00:11:46] That's not just me saying this.

[00:11:48] A former Clinton federal judge went on Caitlin Collins' show on CNN on April 5th

[00:11:54] and said that Judge Merchant had to recuse because of his daughter's fundraising off of this case.

[00:11:59] And Judge Merchant's response was to Trump raising this issue is that I'll throw you in jail.

[00:12:05] I'll put an illegal gag order on you, President Trump and your team.

[00:12:09] If you even mention my daughter's name, if you mention the fact that Matthew Colangelo got deployed from the number three office

[00:12:18] in the Biden-Kamala Justice Department to bring this unprecedented criminal prosecution against President Trump in New York

[00:12:25] for the non-crime of a businessman settling a nuisance claim and calling it a legal expense in his private books.

[00:12:34] I don't know what else you would call it other than a legal expense.

[00:12:36] I've been a lawyer for nearly 20 years.

[00:12:38] I've settled many of these nuisance claims with confidentiality provisions, and you book it as a legal expense.

[00:12:46] But they're saying that President Trump booking this legal expense in his private books in 2017

[00:12:52] somehow affected the 2016 election, and somehow what would be bookkeeping misdemeanors at best,

[00:12:59] and they're not even bookkeeping misdemeanors, a legal expense is a legal expense.

[00:13:03] They're saying that bookkeeping misdemeanors somehow turned into election felonies, 34 felonies against President Trump,

[00:13:13] but they haven't explained to Trump or the judge or the jury or anyone what their legal allegations are

[00:13:20] to make those misdemeanors at best turn into felonies.

[00:13:23] Misdemeanors where the statute of limitations has long since passed, and they've turned into felonies.

[00:13:30] But if Trump talks about that or if he talks about the fact that the Manhattan jury pool voted 95% against Trump,

[00:13:37] he can go to prison.

[00:13:39] He'll go to prison if Trump talks about Stormy Daniels or Michael Cohen.

[00:13:46] Michael Cohen, this disbarred, disgraced, felon attorney who's changed his story many times on Trump

[00:13:54] and was raising money on TikTok, trashing Trump, or Stormy Daniels, this porn star,

[00:14:01] who's changed her story many times and testified she hated Trump,

[00:14:04] and she's raising money on Twitter, selling her porn videos, trashing Trump.

[00:14:09] If Trump responds to these people, he goes to jail under this illegal, unconstitutional gag order.

[00:14:16] I don't recognize our country anymore after what President Biden and Kamala Harris

[00:14:22] and these Biden-Kamala Democrats are doing.

[00:14:25] They are taking our country to the brink.

[00:14:28] I mean, do they think that on September 18th that Judge Mershon is just this corrupt judge

[00:14:34] who should have recused, and he's just going to throw President Trump in prison?

[00:14:39] And the American people are going to be okay with that?

[00:14:42] I mean, these are very dangerous.

[00:14:47] We're in very dangerous ground with what President Biden and Vice President Kamala Harris

[00:14:52] and their henchmen are doing around the country.

[00:14:55] Extremely dangerous.

[00:14:57] And speaking of September 18th, that date is still scheduled.

[00:15:01] Is that correct for when his sentencing will be in New York?

[00:15:04] Yeah, and I would not be surprised at all if Judge Mershon sentenced President Trump to prison on September 18th.

[00:15:13] I mean, selfishly, as a political hack, I want Mershon to try to put Trump in jail for even an hour

[00:15:20] because I think the Supreme Court of the United States will step in very quickly

[00:15:25] and stay the execution of judgment of that meaning stop the incarceration pending appeal

[00:15:31] because there are so many legal problems, constitutional problems with this corrupt case in New York,

[00:15:38] with this Soros-funded Manhattan DA Alvin Bragg teaming up with this Biden Kamala,

[00:15:44] number three Justice Department official Matthew Colangelo,

[00:15:47] and this corrupt Judge Juan Mershon, who's a Biden Kamala donor and whose daughter's raising money.

[00:15:53] One of the big problems, the immediate problems, along with dozens of others,

[00:15:57] is that they allowed in evidence in this grand jury proceeding and at trial

[00:16:04] that is subject to presidential immunity.

[00:16:06] And the Supreme Court just made very clear in this presidential immunity decision,

[00:16:11] you can't do this.

[00:16:11] This judge let in evidence of President Trump's discussions with his deputy White House chief of staff,

[00:16:20] Hope Hicks, while Trump was in the White House, along with his deputy chief of staff for operations,

[00:16:26] Madeline, who you can't do this.

[00:16:29] You cannot let in these conversations.

[00:16:30] This is evidence that's not permissible.

[00:16:32] So Judge Mershon has to declare a mistrial.

[00:16:36] But I think that Judge Mershon is going to try to find a way to get around that

[00:16:40] and just try to sentence Trump to prison.

[00:16:43] And if they do that, again, like as a selfish political animal, I'm not the one going to jail.

[00:16:48] So I would say as a selfish political animal, that's the best thing that can happen to Trump politically

[00:16:53] because he's going to win in a landslide if they do this.

[00:16:56] He's going to be like Nelson Mandela if they try to throw him in prison.

[00:17:00] But this is so bad for our country if they actually go forward and do this

[00:17:07] because this is how the Roman Republic fell.

[00:17:09] It was the lawfare by the Roman insiders against Caesar that caused him where he felt desperate.

[00:17:18] And so he crossed the Rubicon from Gaul into Rome, and it led to the Civil War,

[00:17:23] the fall of the Roman Republic.

[00:17:25] And I'm not saying we're going into a Civil War.

[00:17:27] What I'm saying is this is going to lead to a legal tit-for-tat between the parties

[00:17:33] that is going to destroy the presidency and therefore destroy our country.

[00:17:39] What about, and I completely agree with you, that if this continues, there will be a legal tit-for-tat.

[00:17:46] It shouldn't happen to Trump.

[00:17:48] It shouldn't happen to anyone.

[00:17:49] And if it continues, I don't know where – no one can predict where it ends except that I think all of us

[00:17:57] who've studied history look at it and think if it continues down this path,

[00:18:01] it will end badly for our country and badly for our citizens.

[00:18:07] Looking down in Florida, Jack Smith has appealed Judge Cannon's decision in Florida, correct?

[00:18:13] That is correct.

[00:18:15] I mean, Judge Eileen Cannon should be applauded for being bold and courageous

[00:18:19] and doing what federal judges are supposed to do,

[00:18:23] which is to protect the constitutional rights of criminal defendants as they go through the process.

[00:18:29] Judge Obama, Judge Tanya Shukin should be ashamed because she's done the opposite.

[00:18:33] She has railroaded a criminal defendant in D.C.

[00:18:38] She got smacked down by the Supreme Court of the United States for railroading President Trump,

[00:18:43] whereas this Florida federal judge, Eileen Cannon, has done what she's supposed to do,

[00:18:49] and she has correctly held that the Office of Special Counsel is unconstitutional.

[00:18:55] It's not established by Congress.

[00:18:58] He essentially has an all-powerful office.

[00:19:03] He's not an officer of the United States.

[00:19:05] He's not nominated by the president.

[00:19:07] He's not confirmed by the Senate.

[00:19:09] He's not appointed by the president.

[00:19:11] He doesn't have his budget come from Congress.

[00:19:13] He is essentially created by fiat, by the Justice Department,

[00:19:18] after Congress let the Office of the Independent Counsel statute lapse,

[00:19:22] after Ken Starr's investigation of Trump,

[00:19:25] they just made up this new office of the Special Counsel,

[00:19:27] and they give it unlimited power, virtually unlimited power, unlimited jurisdiction,

[00:19:32] unlimited budget virtually.

[00:19:33] And they actually made the regulations where the Special Counsel is intentionally insulated from a constitutional office,

[00:19:42] from the attorney general or the deputy attorney general or an assistant attorney general or even a U.S. attorney.

[00:19:48] And it's that insulation that makes this unconstitutional.

[00:19:52] It's also the appropriation where it's essentially an unlimited appropriation for this made-up office that makes this unconstitutional.

[00:20:00] And so that's important because think about it this way.

[00:20:04] And does the Biden and Kamala people want a President Trump to create – I always joke about this.

[00:20:12] Do they want the office of the Viceroy?

[00:20:14] And do they want Trump to just make that up by fiat and appoint Mike Davis, me, this crazy guy,

[00:20:19] as the Viceroy and give me unlimited power and unlimited jurisdiction and unlimited budget to go after Trump's political enemies?

[00:20:28] I don't think that will end well for Biden and Kamala Harris.

[00:20:32] I know I can't get confirmed to anything because I'm too crazy, but if you just make me the Viceroy and I'm not accountable to Congress and I have this power and budget,

[00:20:42] I don't think I'm going to be merciful during my reign as the Viceroy.

[00:20:47] And that's the point.

[00:20:48] We can't have officers with this power in the executive branch just made up.

[00:20:52] We have to have it through Congress establishing these offices with appropriate oversight with Congress through both the nomination and confirmation process

[00:21:02] and also through the oversight process and the appropriations process.

[00:21:06] And that's not happening with Jack Smith, and that's why we see this out-of-control prosecutor

[00:21:11] who's filing his superseding indictment yesterday in D.C. after he just got smacked down by the Supreme Court on two of those cases.

[00:21:21] Fisher and President Shulamilin and Jack Smith, along with Merrick Garland, is just ignoring the Supreme Court.

[00:21:27] Is he accountable to Merrick Garland or is he somehow this superpower that has no accountability and no checks and balances?

[00:21:37] He's ultimately accountable to Merrick Garland.

[00:21:40] The problem is he's not accountable to Merrick Garland or another officer on a day-to-day basis.

[00:21:46] Jack Smith could be, you know, they could make him a counsel at the Justice Department.

[00:21:52] Like an assistant U.S. attorney is accountable to the Senate-confirmed United States attorney.

[00:21:59] He could be impeached, right?

[00:22:00] Because they're confirmed they could be impeached.

[00:22:02] Correct.

[00:22:03] And they can also – it's also the day-to-day management, the day-to-day supervision by a constitutional officer.

[00:22:09] Assistant U.S. attorneys around the country are accountable to their U.S. attorney in their district.

[00:22:15] I think there are like 93 or 94 U.S. attorneys around the country.

[00:22:18] They're accountable to those Senate-confirmed U.S. attorneys.

[00:22:22] Contrast that with Jack Smith.

[00:22:23] He's intentionally insulated from a constitutional officer.

[00:22:27] He gets his own budget, his own office, broad jurisdiction, unlimited jurisdiction really, unlimited budget, unlimited power virtually.

[00:22:35] And not only is he not accountable on a day-to-day basis to a constitutional officer, he's – the regulations insulate him, isolate him.

[00:22:45] So that's what makes his office unconstitutional.

[00:22:49] And it isn't going after – ensuring that law is being upheld.

[00:22:53] It is using all of that power that you just mentioned to go after an individual.

[00:22:58] The position is set up to target an individual, which is not how things – we're supposed to have the presumption of innocence in this country, no matter who you are.

[00:23:10] Yeah, that's the problem with the special counsel.

[00:23:12] That's exactly right.

[00:23:13] Jenny Beth is they find an individual and they make them a target and they give this unconstitutional special counsel, unlimited time and money and budget and jurisdiction and power to find – to go after them.

[00:23:29] And, you know, you find me the man.

[00:23:32] You find me the man and I'll find you the crime.

[00:23:35] And that's exactly what happens.

[00:23:36] This is why Congress lets the Office of the Independent Counsel statute lapse after Ken Starr because the American people did not want a prosecutor, an independent counsel then, now a special counsel now with the powers that we just talked about.

[00:23:55] And I applaud Judge Cannon for making the right decision.

[00:24:00] I'm sure as Jack Smith appeals it, it's going to wind up at the Supreme Court.

[00:24:06] And I hope that the Supreme Court does what they should do and rule finally once and for all on this because it shouldn't happen to Trump.

[00:24:14] It should not happen to any president or any other citizen in the country who might wind up having a special counsel appointed to go after them.

[00:24:24] And, you know, the biggest winner of these decisions by the Supreme Court, the Fisher decision, the presidential immunity decision by the Supreme Court, Judge Cannon's special counsel decision, the biggest winner of that is Joe Biden and Kamala Harris.

[00:24:39] Because Joe Biden's definitely not going to be in office after January 20th, 2025.

[00:24:44] And Kamala Harris likely will not be in office.

[00:24:47] Listen, do they really want the Trump 47 Justice Department going after them under these bogus legal theories of obstruction under 18 U.S.C. 1512?

[00:24:58] Do they really want a special counsel, Mike Davis or a Viceroy, Mike Davis, going after them?

[00:25:04] Because, like I said, if you think Jack Smith is vicious, wait till I get the job, right?

[00:25:10] I will make their lives living hell even worse than they've done to President Trump and his top aides like Steve Bannon, who's sitting in prison right now, and Peter Navarro, who went to prison.

[00:25:21] His lawyers like Rudy Giuliani and John Eastman and Jeffrey Clark and his supporters on January 6th who were absolutely persecuted according to the Fisher decision.

[00:25:33] It's just horrible.

[00:26:03] It's so very important to continue to guard our liberty.

[00:26:06] That's exactly right, Jenny Beth.

[00:26:08] And here's the problem.

[00:26:10] This is why this next election is so important.

[00:26:12] It's because the Supreme Court of the United States is our last line of defense that protects us from government tyranny and government anarchy.

[00:26:23] And between the BLM and Antifa riots, the COVID lockdowns, this lawfare against Trump, and it's not just Trump and his top aides and his supporters.

[00:26:32] They're going after parents.

[00:26:33] The FBI is being sick after parents, outraged by gender chaos in schools and the resulting rapes in high school bathrooms.

[00:26:40] They're going after Christians, including a 75-year-old Christian who the Biden Kamala Justice Department put in prison for praying at an abortion clinic while they give amnesty to the much more deadly and destructive BLM and Antifa and Hamas rioters.

[00:26:56] The Planned Parenthood, the abortion industry monopolist, Planned Parenthood, terrorists who are terrorizing the crisis pregnancy centers and other pro-life senators, the trans terrorists who are terrorizing Catholic churches, Hamas supporters who are attacking, terrorizing Jewish Americans all over America, including on college campuses.

[00:27:19] It is the Supreme Court that's our last line of defense.

[00:27:23] And Kamala Harris has made this very clear.

[00:27:26] We just heard this from Senator Sheldon Whitehouse, the top Democrat on the Senate Judiciary Subcommittee dealing with the courts that and Brian Fallon going from Demand Justice, a left-wing radical group to Kamala's communications director.

[00:27:42] Kamala Harris will destroy the Supreme Court if she wins the presidency.

[00:27:46] If she wins the presidency, the Democrats will almost certainly win the House and the Senate.

[00:27:52] They will nuke the legislative filibuster in the Senate, meaning lower the vote threshold for legislation from 60 senators down to 51 or 50 plus the vice president.

[00:28:04] They will pack the Supreme Court with four, five, six more left-wing radicals.

[00:28:11] And so instead of having nine justices that we've had for over 150 years, they'll add a bunch of left-wing radicals to the Supreme Court.

[00:28:20] They'll push out the older conservative justices with their unconstitutional term limits.

[00:28:25] So they'll push out Sam Alito and Clarence Thomas and maybe the chief justice.

[00:28:30] And they will destroy our country.

[00:28:33] The Supreme Court is the last line of defense.

[00:28:36] And if they take control of the Supreme Court, it's game over America.

[00:28:41] There goes our God-given rights to speak, to worship, to associate, to protect ourselves.

[00:28:48] And this is not hyperbole.

[00:28:50] All you have to do is look at what they've done over the last five years.

[00:28:55] Today's Democrats are not our parents or grandparents Democrats.

[00:28:59] These are not liberals who love America and just disagree with us on the best way to get there.

[00:29:05] These are leftists.

[00:29:06] These are Marxists.

[00:29:08] They're not even hiding it anymore.

[00:29:10] And they don't love America.

[00:29:12] They hate America.

[00:29:14] And they're trying to destroy America from within.

[00:29:17] And they're doing this by taking over every institution.

[00:29:20] And universities, even the military now, corporations, if they take over the Supreme Court, we're done as a country.

[00:29:27] Look, these aren't liberals who believe in free speech.

[00:29:31] These are leftists who believe in censorship.

[00:29:35] And they use it under the guise of protecting us from misinformation and disinformation.

[00:29:40] They don't believe in equality.

[00:29:42] They believe in equity.

[00:29:43] They want to discriminate against Asian Americans in college admissions.

[00:29:50] They don't believe in due process under the law.

[00:29:54] They believe in a politicized and weaponized justice system where they go after their political enemies and protect their political friends.

[00:30:03] Their masks are off.

[00:30:05] Their COVID masks were on.

[00:30:07] Their Marxist masks are off.

[00:30:10] And if they win this presidency and the Senate and the House, they're going to destroy our country.

[00:30:15] Everything is on the line on November 5th.

[00:30:17] You're exactly right about that, Mike.

[00:30:19] And I want to come back to the Supreme Court.

[00:30:21] But I want to add something on to what you just were saying.

[00:30:24] Many years ago now, I think it was around 2011 or maybe 2012, I was invited to speak at a panel at the University of Washington outside of Seattle.

[00:30:38] And so I went and I was on this panel with some liberal professors.

[00:30:44] And they had studied the Tea Party movement and decided, you know, made all these decisions about what the Tea Party movement was.

[00:30:53] And somehow I was invited to this panel to defend the Tea Party movement.

[00:30:56] And you can imagine the kind of things that they said.

[00:30:59] It's exactly what you would expect.

[00:31:02] But I held my own.

[00:31:03] And I've spoken at Harvard.

[00:31:05] I've spoken at other universities.

[00:31:07] I can handle those kind of complaints.

[00:31:11] And I get that we're not always going to agree with people.

[00:31:13] And during that time, the way that I normally end when I have like a sharp disagreement with someone on the other side of the aisle,

[00:31:21] I'll say, well, look, I understand we disagree, but I think we can agree that we love our country and we appreciate the Constitution and the First Amendment.

[00:31:31] And it gives us this ability to have these very vocal debates and to walk away agreeing to disagree but still love our country.

[00:31:39] And normally in other settings, that works just fine.

[00:31:43] And it's a way to walk away without having to worry I might like get killed in the parking lot or something.

[00:31:48] You know, we just, OK, we get it.

[00:31:49] You're not actually our enemy.

[00:31:51] We just disagree on the way politics should work.

[00:31:54] In this particular case, this person who had kind of agitated and asked rude and pointed questions throughout the meeting,

[00:32:02] who was a student or somebody who lived in the area, he interrupted me when I said this.

[00:32:08] And he previously, during the previous comments, talked about how he had, it had to be after 2020.

[00:32:15] It had to be sometime in 2012.

[00:32:18] Because he said that he had trained with Occupy Wall Street.

[00:32:22] And then he went to California to implement Occupy Wall Street and then in Seattle.

[00:32:27] And so he had gone through all this training to occupy buildings and basically to create this chaos that Occupy Wall Street was creating.

[00:32:37] I now, looking back on it, think that he was part of Antifa.

[00:32:41] And maybe it wasn't exactly Antifa at the time, but people like him who trained like that probably have funneled on into Antifa.

[00:32:50] That's what I suspect.

[00:32:52] Okay, so I knew that about him.

[00:32:53] And I'm saying, but we can agree to disagree and we love our country.

[00:32:58] And he said, no, I hate our country.

[00:33:00] I hate our way of government.

[00:33:02] I do not like our constitution.

[00:33:03] I want to create chaos and replace our form of government with a socialist form of government.

[00:33:12] I was so shocked.

[00:33:14] Like I never even, I just had not encountered that in my lifetime.

[00:33:19] I just had an encounter where an American is just going, no, I absolutely hate our country and want to completely destroy it so I can replace it.

[00:33:27] And so now, and it, this is a very important moment in my life because I learned so much from that moment about the kind of people we're up against.

[00:33:38] And that's who we've got in the government right now.

[00:33:40] That same kind of attitude.

[00:33:42] It is the attitude that they don't like America.

[00:33:44] They don't like our constitution.

[00:33:46] They don't respect what our constitution has brought to our country and around the world.

[00:33:52] And they want to destroy it and replace it with a form of government that fails in every single country that it has ever been tried.

[00:34:00] That's exactly right.

[00:34:01] I mean, if you look at all these key actors in this lawfare against President Trump, if you look at Kamala Harris's backgrounds, they come from Marxism.

[00:34:11] Kamala Harris's dad was a Marxist professor.

[00:34:15] Judge Tanya Shukin comes from a Marxist family.

[00:34:18] Fannie Willis comes from a Marxist family.

[00:34:20] These are Marxists who are trying to destroy our country, right?

[00:34:24] And people need to wake up to that fact.

[00:34:26] These aren't liberals who love America and come to the debate in good faith.

[00:34:31] They're trying to destroy us.

[00:34:32] And actually, this is where Barack Obama was so effective as our first openly Marxist president,

[00:34:38] is that he was able to fill these key jobs in our federal government and recruit people to run for key offices, you know, like, you know, in New York City with Alvin Bragg, Alvin Bragg, the Soros Funded DA, Tish James, Fannie Willis down in Georgia.

[00:34:56] These are Marxist radicals.

[00:34:58] Jack Smith, Merrick Garland, he took off the mask.

[00:35:05] Well, these are Kamala Harris.

[00:35:07] These are Marxists who are trying to subversively destroy our country from within.

[00:35:14] And they've managed to not only – they took over universities long ago and they've taken over corporations recently.

[00:35:21] They've managed to take over our military with – and they do it through this woke indoctrination.

[00:35:27] They do it under the guise of racism, right?

[00:35:31] DEI, equity.

[00:35:33] They don't care about women and minorities.

[00:35:36] The Article III project has clearly documented on our website that any time a Republican president puts up a woman or minority judicial nominee, the Democrats viciously attack and smear that nominee going all the way back to Clarence Thomas, right?

[00:35:54] Because they can't accept that women and minorities escape their kitchen or their plantation and join the conservative cause.

[00:36:02] And so they are vicious to women and minorities, but they use women and minority radicals like Kamala Harris, like Tish James, like Judge Tanya Shukkin, like Fannie Willis.

[00:36:16] All over the country, they use these radical – Lisa Monaco at the Justice Department, the number two in the Justice Department.

[00:36:22] They use radical women and minorities as their fronts for their Marxism.

[00:36:28] And if you dare to question them, you're considered a racist or a sexist or a homophobe or a transphobe or whatever phobe they want to use.

[00:36:38] I say to conservatives, I say to Republicans, who gives a damn what they call us?

[00:36:43] That's right.

[00:36:44] Just do what's right.

[00:36:46] I get called a racist and a sexist every day.

[00:36:49] I don't give a damn, right?

[00:36:51] I'm going to do my job.

[00:36:52] That's my superpowers.

[00:36:53] I don't care, right?

[00:36:54] And they know I don't care.

[00:36:57] I grew up with red hair.

[00:36:59] We're the lowest people on the totem pole, the genders.

[00:37:02] We're lower than transgender people right now.

[00:37:06] So I don't care if people kick me in the face.

[00:37:09] I'm going to keep doing what I do every day.

[00:37:11] And I actually take it as a badge of honor when they attack me.

[00:37:15] Yeah, and that's exactly the kind of things I was being called on that panel by the professor sitting right next to you.

[00:37:22] Who cares?

[00:37:23] Who cares?

[00:37:24] Who cares?

[00:37:24] I know who I am.

[00:37:25] I know what's in my heart.

[00:37:26] The people who I love know what's in my heart.

[00:37:30] And I do my very best to show that I love my fellow American.

[00:37:36] And if they want to throw names at me because they think that's how they can discredit me, I'm not going to stop.

[00:37:42] Your names don't – they're not going to make me quit doing what I do.

[00:37:47] The Supreme Court really is under unprecedented attack right now.

[00:37:52] Biden having the evening news events, speaking from the Oval Office and from the White House attacking Supreme Court justices by name.

[00:38:04] The term limits, which would be completely unconstitutional.

[00:38:10] All of these things are attacks that we just have never seen before against the court, aren't they?

[00:38:14] Yeah, these are unprecedented Republican-ing assaults.

[00:38:19] Whether it's the lawfare against Trump and his top aides and his supporters and his lawyers or these radical assaults on the Supreme Court,

[00:38:26] they know that if we actually have a rule of law in this country, it gets in the way of their Marxism.

[00:38:34] They know that our Constitution is set up in a way where it's a loan agreement between we the people and our governments.

[00:38:41] And we loan our federal government specific enumerated and divided powers in exchange for our federal governments protecting our liberties.

[00:38:50] And that's been flipped on its head over the last 90 years since FDR threatened his radical assault on the Supreme Court,

[00:38:57] the switching time that saved nine after FDR tried to pack the Supreme Court.

[00:39:02] And he was going to do it if the Supreme Court didn't turn the Constitution on its head

[00:39:06] and essentially hold that the federal government has all the powers unless the Constitution says otherwise,

[00:39:13] instead of the federal government only has specific powers that we loan to it in the Constitution.

[00:39:18] And it was that assault on judicial independence that created this federal government,

[00:39:23] this out-of-control federal government where this federal government has all these powers.

[00:39:28] It's not supposed to have powers that belong to the states and we the people.

[00:39:32] And then that power has been consolidated in the executive branch where these unelected,

[00:39:37] unaccountable executive branch bureaucrats, the Tony Fauci's of the world,

[00:39:42] have this unconstitutional power to write their own laws and to interpret their own laws and enforce their own laws.

[00:39:50] And they're not accountable to courts or Congress.

[00:39:52] Trump's biggest and most consequential accomplishment of his first term was transforming the Supreme Court,

[00:39:59] this left of center Supreme Court, to the first constitutionalist majority in 90 years.

[00:40:04] And now that the Supreme Court is starting to tell these dictators in our federal government

[00:40:09] and these dictators in these DA offices that they can't do what they're doing,

[00:40:14] now Biden and Kamala and their Democrat allies want to destroy the Supreme Court that's in their way.

[00:40:20] The Supreme Court stopped them from bankrupting Trump,

[00:40:23] from trying to throw him in prison for the rest of his life,

[00:40:25] from trying to throw him off the ballot.

[00:40:27] And Colorado and Maine, they stopped the Supreme Court,

[00:40:31] stopped these unelected bureaucrats in the executive branch, like at the FTC,

[00:40:36] from just writing their own laws and interpreting their own laws and enforcing their own laws.

[00:40:42] And these Marxists and other power-craving psychopaths in Washington, D.C.,

[00:40:49] and the executive branch in these DA's offices around the country don't like that the Supreme Court's stopping them.

[00:40:55] So they want to destroy the Supreme Court's in their way through unconstitutional term limits

[00:41:00] to get rid of the older conservative justices through court packing to put on left-wing radicals.

[00:41:06] Again, if the Democrats succeed at destroying the Supreme Court, it is game over America, right?

[00:41:14] We are going to get destroyed as a country.

[00:41:17] And the BLM and Antifa riots and the COVID lockdowns and the Hamas riots that are coming before this election,

[00:41:25] those are just a warm-up to what these Democrats want to do.

[00:41:28] They're going to try to take away our guns.

[00:41:31] And then when they take away our guns, that's how we secure the rest of our God-given rights.

[00:41:36] And we're going to – we can quickly devolve into Venezuela very fast.

[00:41:41] And when the court was packed in Venezuela, since then, I believe that there have been 43,000 cases

[00:41:49] that went before their Supreme Court or the equivalent of their Supreme Court.

[00:41:54] And every single one of those cases, every one agreed with the government.

[00:41:59] You don't even have a court anymore.

[00:42:02] You may have a court, a kangaroo court, but you certainly don't have a judicial system or a justice system.

[00:42:11] This is what I would say to the Tea Party patriots, the one-room posse, Trump supporters,

[00:42:17] other conservatives, even Republicans who don't like Trump.

[00:42:21] Everything is on the line on November 5th because the Supreme Court is on the line.

[00:42:25] Kamala is not even pretending right now.

[00:42:28] She is very clearly going to pack the Supreme Court and destroy the Supreme Court.

[00:42:33] And again, it's game over America if she does that.

[00:42:36] So people need to understand that they need to get out.

[00:42:39] They need to vote as early as possible.

[00:42:43] Bank your vote.

[00:42:44] Do not wait until Election Day because if you think the BLM and Antifa riots were bad in 2020,

[00:42:49] wait until they run Hamas riots in 2024 on Election Day

[00:42:53] and scare the hell out of conservatives who want to show up on Election Day and vote.

[00:42:58] It's not your patriotic duty to show up on Election Day and vote.

[00:43:02] It's your patriotic duty to vote as early as possible,

[00:43:06] along with your friends and your family and your colleagues.

[00:43:09] Get out and vote as early as possible.

[00:43:11] Bank your vote.

[00:43:13] And Mike, I completely agree with that.

[00:43:15] And it is so important that you vote.

[00:43:19] And I agree, vote as early as you can.

[00:43:22] And besides everything with the riots, you know then your vote was cast and that you cast it.

[00:43:29] And you don't have to worry about anyone else accidentally or on purpose getting your ballot

[00:43:33] and you only get a provisional ballot, which will never be counted.

[00:43:37] You secure your own vote that way.

[00:43:39] So I completely agree with you on that.

[00:43:42] What is it that Article 3 Project does?

[00:43:46] Yeah, we do a lot of things.

[00:43:47] So we started out.

[00:43:48] I started the Article 3 Project after I left the Senate Judiciary Committee in 2019.

[00:43:54] I helped President Trump with my boss, Senator Chuck Grassley, the chairman of the Senate Judiciary Committee,

[00:44:00] the unsung hero of this judicial fight, just truly a rock-solid good man, along with Mitch McConnell,

[00:44:07] the Senate Majority Leader at the time.

[00:44:09] He gets a lot of grief from conservatives, but he was actually very good on judges between Trump and McConnell and Grassley.

[00:44:16] And those were the three rock-solid people who helped President Trump transform the Supreme Court

[00:44:22] and the lower federal courts to the first constitutionalist majority in 90 years.

[00:44:27] And when I ran the Kavanaugh confirmation on the Supreme Court, I saw what we were missing on the rights,

[00:44:33] and that is someone who had insider experience like I did.

[00:44:37] I worked in the White House on judges, Justice Department on judges.

[00:44:40] I ran Gorsuch's outside effort as his former law clerk, and then I ran Kavanaugh and the lower court judges as the chief counsel

[00:44:48] for nominations for Grassley on the Senate Judiciary Committee.

[00:44:51] I saw there was a void during the confirmation where we needed someone with that insider experience who was willing,

[00:44:59] frankly a redhead like me, who was willing to go out there and fight,

[00:45:02] a good Irish fighter who was willing to street brawl and punch back legally, politically, financially,

[00:45:08] against the left's tactics.

[00:45:10] We were very successful in helping Justice Amy Coney Barrett's confirmation look very easy,

[00:45:17] along with a bunch of other outside groups like yours at the Tea Party Patriots.

[00:45:21] Jenny Beth, you are truly a hero of this.

[00:45:23] You've been fantastic, and you're the OG for this grassroots stuff.

[00:45:28] You've been great.

[00:45:29] Thank you.

[00:45:30] And then what we've been doing for the last more than two years, along with the judges,

[00:45:35] look, we understand that the Article III project, we're not going to be able to stop a lot of these Trump or these Biden judges

[00:45:40] because they control the Senate.

[00:45:42] But we've been able to stop the really bad ones, and we've been able to shine a bright spotlight on Ketanji Brown Jackson's horrific record on child pornography cases.

[00:45:52] She was going to get like six, seven, up to ten Republican votes, and we got that down to three,

[00:45:59] and it was not a political win for Biden and these Democrats.

[00:46:03] They confirmed her and ran out of town.

[00:46:06] We've been stopping some of these lower court judges who are bad.

[00:46:09] Our big focus over the last two years, really filling a void, is defending Trump legally and politically in this lawfare.

[00:46:16] We've done over 4,000 media hits.

[00:46:18] We've done constant social media.

[00:46:20] We've done constant opinion pieces, and we've changed the politics on this lawfare so people understand.

[00:46:28] Before when we started, pardon me, people thought Trump was toast and that he was done,

[00:46:34] and we changed that at the Article III project where we turned lemons into lemonade.

[00:46:39] The next phase of what we're doing, this next battle in this lawfare, is election integrity,

[00:46:44] and this is what's so important, what we're doing at the Article III project.

[00:46:48] And we did this during the lawfare.

[00:46:49] We want to make sure that these judges and election officials and lawyers and observers

[00:46:56] and other people who are involved with election integrity have the political cover they need,

[00:47:02] the air cover they need to do their jobs, and they don't get destroyed by the Democrats,

[00:47:07] including Mark Elias and that whole cabal on the left for doing their jobs and following the law.

[00:47:14] So this is a very clear message to judges and election officials and lawyers and observers

[00:47:20] and others involved in the election.

[00:47:22] If you follow the law, Article III project is going to have your back.

[00:47:26] And if you don't follow the law, we're going to come out swinging legally, politically, financially,

[00:47:31] and shine a bright light on you so the American people understand what you're doing,

[00:47:37] like what we're doing right now on the SAVE Act and where these election officials around the country

[00:47:44] are letting illegal immigrants and other non-citizens vote illegally in our federal elections.

[00:47:50] That's unacceptable.

[00:47:52] We're going to call you out.

[00:47:53] I don't care if you call me an election denier.

[00:47:56] I don't care if you threaten to throw me in jail.

[00:47:59] Good luck.

[00:48:00] Do it.

[00:48:01] I don't give a damn.

[00:48:02] I'll sit in jail because we are going to protect the integrity of this election

[00:48:06] because everything is on the line on November 5th.

[00:48:09] Again, if Kamala wins, our country's over because she's going to pack the Supreme Court.

[00:48:16] That you are so right.

[00:48:17] And I'm so glad we have you fighting for all of us, Mike.

[00:48:21] The work that you do and the Article III project does is so very important.

[00:48:26] I got to know you when you were working in the Senate,

[00:48:28] and I always was so impressed with how you could take the information that was publicly available

[00:48:36] but synthesize it in a way that makes sense to the general activist or the general public

[00:48:41] who doesn't know all the ins and outs of what's going on on the Senate.

[00:48:45] And that kind of knowledge, you're right, we were missing that,

[00:48:49] and now you've helped fill that void, and I really appreciate that.

[00:48:53] I would say thank you very much, Ginny Beth.

[00:48:55] You have been a foot soldier, a general really of this Tea Party movement,

[00:49:00] now the War Room Posse.

[00:49:01] And I would say this, that Democrats have glass jaws.

[00:49:06] And I said this when I started the Article III project.

[00:49:08] I told this to Carl Holtz in the New York Times, and he almost fell out of his chair.

[00:49:12] I am going to take off the gloves and put on my brass knuckles and break the Democrats and the left's glass jaw,

[00:49:20] legally, politically, and financially.

[00:49:23] And I think that Republicans, conservatives, and other God-fearing, America-loving patriots need to understand,

[00:49:32] you need to have courage.

[00:49:33] The Article III project is going to have your back if you're out there on election integrity.

[00:49:37] Have some courage, and who gives a damn if they call you an election denier,

[00:49:43] if they call you a racist, sexist, transphobe, homophobe?

[00:49:48] Who gives a damn, right?

[00:49:50] Your job is to save our country, and we need to save our country by getting out and voting as early as possible for this next election.

[00:50:00] Mike, thank you very much.

[00:50:02] Where can people find information about the Article III project and the work that you're doing?

[00:50:06] I appreciate that, and this is where your audience could be hugely helpful.

[00:50:10] Obviously, we want donations and small dollars are great to fund us, and that's Article3project.org,

[00:50:17] Article3project.org.

[00:50:19] But more importantly, we need people to take action, and this is where your audience is critical.

[00:50:24] Go to our action page on there, and that's where we have specific action items,

[00:50:29] including on election integrity, like, for example, on the SAVE Act,

[00:50:34] to tell both your home state senators and your U.S. House representative to demand the SAVE Act,

[00:50:41] demand that these states and local governments do not let noncitizens vote in this next election.

[00:50:48] So you can take action there.

[00:50:49] Senator Mike Lee has been the champion of that in the Senate,

[00:50:52] and then if you click on that link on our webpage, it takes you,

[00:50:56] it tells you all you need to know about each one of these action items, like the SAVE Act,

[00:51:00] and then you click on a button, and it patches you through with phone calls to your senators,

[00:51:06] both of your home state senators, one by one, and then your house rep.

[00:51:09] It also helps you with emails to email all three of them.

[00:51:12] It also helps you to do social media, to light them up on social media.

[00:51:17] And I'll tell you, as someone who works in Grassley's office, I opened the mail right out of college too many years ago

[00:51:24] that constituents calling their elected members' offices and sending emails and sending mail actually works.

[00:51:33] It is very effective.

[00:51:34] And so that's important.

[00:51:36] So you can donate.

[00:51:38] You can take action on our action page.

[00:51:41] You can also follow us on social media.

[00:51:44] Very good.

[00:51:45] Thank you so much for joining me today, Mike.

[00:51:48] And we need to just remember, vote, vote very early, and then take action and get involved

[00:51:54] because we have a republic to save, and it's not going to happen if we sit on the sidelines.

[00:51:59] Amen.

[00:52:00] And we're going to win with addition, not subtraction.

[00:52:03] RFK Jr. and Tulsi Gabbard and all other former Democrats and people who didn't vote before,

[00:52:09] we welcome them to this Trump movement.

[00:52:13] Thank you.

[00:52:14] Thank you.

[00:52:15] The Jenny Beth Show is hosted by Jenny Beth Martin, produced by Kevin Mooneyham, and directed

[00:52:22] by Luke Livingston.

[00:52:24] The Jenny Beth Show is a production of Tea Party Patriots Action.

[00:52:28] For more information, visit teapartypatriots.org.

[00:52:35] If you liked this episode, let me know by hitting the like button or leaving a comment or a five

[00:52:40] star review.

[00:52:41] And if you want to be the first to know every time we drop a new episode, be sure to subscribe

[00:52:46] and turn on notifications for whichever platform you're listening on.

[00:52:50] If you do these simple things, it will help the podcast grow, and I'd really appreciate

[00:52:55] it.

[00:52:56] Thank you so much.

[00:52:57] Thank you.