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BREAKING: Maine Sec. of State Kicks Trump Off Ballot

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
December 29, 2023 1:15 pm

BREAKING: Maine Sec. of State Kicks Trump Off Ballot

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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December 29, 2023 1:15 pm

Following the Colorado Supreme Court’s lead, the Maine Secretary of State has banned President Donald Trump from the 2024 ballot, citing the 14th Amendment. The Sekulow team discusses the ACLJ’s appeal to the U.S. Supreme Court to preserve election integrity, other possible states that might remove Trump from the ballot, and much more.

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This is Jay Sekulow. We've got breaking news and I'm not surprised, but here it is. The main Secretary of State kicks President Trump off the ballot. Don't say I didn't tell you so.

Sekulow. Hey, everybody. Welcome to the broadcast.

Well, we do have breaking news. And again, I told you this yesterday. I knew this was going to happen.

I knew this was coming. I'm going to play for you what I said yesterday. This is a flashback, but this is, I think, important for people to understand. Flashback to yesterday.

Well, you know, it was a quick response. My prediction became reality. This is what I said yesterday about additional states jumping on this, get Trump off the bandwagon on the issue of the ballots. Here we go. The prompt hearing of this case is necessary to prevent the Colorado Supreme Court decision from having irreparable effect on the electoral process. And that's not just in Colorado, because we saw states like in California, in Maine, in other states starting to take actions. And that's the ripple effect of this.

And I said this from the beginning. So that's why we took the unusual step of filing Logan a motion to expedite, which we're hoping is it will condense the schedule. Well, Maine yesterday, their secretary of state, and Logan is here with me, yesterday said, she's decided, by the way, no hearing, no trial. This is the ruling of the secretary of state.

I didn't know they made, you know, like judicial rulings. And this is what she said. The question of whether Mr. Trump engaged in an insurrection is a closer one. No kidding. It would have been difficult to, it would not have been difficult to answer had Mr. Trump been found guilty or not guilty of insurrection in a quarter law pursuant to 18 USC 2883 criminalizing insurrection. Let me just stop on that one right there. He's not been charged with insurrection. The only time there was an insurrection charge leveled against him was in the House of Representatives in an impeachment proceeding. That was tried, Ms. Madam Secretary of State, and he was acquitted.

So nice try there. And then she says, the applicability of sections of the 14th Amendment does not turn on whether an office seeker has been convicted of a crime, however. Instead, I am obligated to assess with a record before me and make the determination based on a preponderance of evidence, just as my present assessors would have done. First of all, in a criminal court, it's beyond a reasonable doubt. A preponderance of evidence? What evidence?

You didn't let them put it on a defense. This is so absurd, but this is why when we sit to the Supreme Court expert like this thing, they need to move on this quickly, Logan. It's getting out of hand already.

That's right. And that's why we are also at the end of our year-end Faith and Freedom Drive. And as we start wrapping up, this year's our last broadcast, live broadcast of the year. We'll be back on Sunday for a live concert presentation, the last on radio and our normal schedule broadcast. We want to make sure we tell you about the Faith and Freedom Drive and why it's so important that you're involved. And for the first time ever, we have unlocked a three times, a 3X match right now.

Yeah, so this is it. As Logan said, we're in the final three days of our year-end drive, and it couldn't come in a more pivotal time. And that's because we are fighting at the Supreme Court. By the way, the other side's put up, go over this to the next segment, a very aggressive schedule that they want. We warned you that an avalanche of these cases would be coming.

And now Maine Secretary of State has begun that avalanche on her own, no judicial intervention there at all, zero. This is why the Supreme Court fight is the most essential we've ever engaged in. And I say that because, folks, I want to really look at you when I say this. This is really important, folks.

Here's the deal. If you don't have the right to vote for the candidate of your choice, there is no constitutional republic left. That's the way it works in a constitutional republic. We vote for our representatives. We vote for our Presidents.

We put electors in place to then actually do the vote for us, but we select them. And in that case, we need to really focus on the fact that we've got a, and I think this is reality here, an avalanche of cases starting. We already have 15, but I said Maine now has jumped on the bandwagon. Oregon is going.

Washington State, they're still fighting in California about this, Logan. So here's what we've got, folks. We've got a big deadline.

In three days, this is over. We've got a triple match, which means any amount you donate to the ACLJ, we're going to have that match three times. Some of you were given $5,000 yesterday. That was equivalent of 15,000.

50 is 150, five is 15. ACLJ.org, we need you to do that today. ACLJ.org. Also, if you can make that a monthly gift, you become an ACLJ champion. And when you do that, whenever we're in a match, you're already going to get that automatically matched. So do that if you can.

Become a champion. ACLJ.org. Back with more in a moment. Welcome back to Secula. We are going to take your phone calls as well.

1-800-684-3110, this being the last day of the year. I'd love to hear why you support the work of the ACLJ. Why you support something like a faith and freedom year end drive. Also, if you have a question about Maine disqualifying President Trump or any of those related issues, we're happy to take it back to any topic, really.

Or the four documents that we now have at the Supreme Court in the United States on the one case involving Colorado. The other side has started to respond, by the way. We'll get into that. All right, we'll do as many of those as we can. So we'd love to open the lines for you. 1-800-684-3110, as we are in the end of our faith and freedom year end drive.

Again, all donations are matched by three times. You're going to hear that a lot today, so get used to it because it is one of the most important days of the year. The last day of the year, typically your biggest day as an organization.

I'll just be honest with you, the biggest day of your organization, from a fundraising point of view, a little bit different this year because it's on a Sunday. So we want to make sure that those who are listening today have the opportunity and know how important it is. So let me just put everybody back into a perspective here. Maine Secretary of State, on her own, no judicial intervention, no court, nothing, had made the determination that President Trump should be removed from the Maine ballot in the primary and in the general election if he was successful in the primary. So he's out. Now, we are talking to the Maine GOP because we would like to intervene. You can take this to court. It has to go to court. At the same time, we were at the Supreme Court of the United States on this very issue, and this tells the Supreme Court why it's so important to expedite this case. Now, talking about expediting the case, let me tell you a potential.

It's not definite. This is what the other side has proposed here, and it's a very short... It's called a motion... We filed a motion to expedite, and interestingly, CREW, which is the organization that filed the case in the first place, they did not object to our motion to expedite.

You know what they said? They don't think we expedited enough. They want it even quicker. So here's what they're proposing. Our cert petition... Let's put that on the screen. That's our request for the case to be heard, and we now have a case number, 23696, has been filed. CREW wants to make sure that the President's legal team files their cert petition no later than January 2nd. The Colorado court gave them until January 4th. They want, then, Trump and the Colorado Republican Party's opening briefs. This is what they're proposing.

Ready for this, folks? January 8th. They want respondents' briefs and amici supporting them due January 12th. They want any reply briefs due, which we would be entitled to another brief, on January 16th. They want oral argument on the 19th. So we're talking about a supreme... And they want a ruling by the first week of February. They've asked the court and telling the court when they should issue their opinion, if you can believe this. Now, I think it needs to be expedited. I didn't give them dates.

I let the Supreme Court decide their own docket. But the fact is, this could literally be moving... Well, it is moving already. But under this scenario, it could be three weeks, and this is over, folks. So the crunch of what's going on here, and the other states doing it... And again, Maine said that they're basing... She's basing her decision that President Trump entered into an insurrection because of his speech on the Ellipse.

But here's the truth. That speech at the Ellipse was protected speech under the First Amendment. And there's a Supreme Court case called Brandenburg, and you've got to basically... To squelch someone's free speech rights, they got to be calling for imminent, like right now, lawless conduct. And that's not what happened in that speech. If you listen to every word that was said, then she said... And this is what is unbelievable. She said, well, Logan, this would be easier if he actually was charged with or convicted of and found guilty of insurrection in a court of law, but he hasn't been. But she goes, but I think that Section 3 is allowed to be applied by the states, which it isn't, and I'm obligated to assess the record before me, make a determination based on a, quote, preponderance of evidence, which is a mid-level standard of review, to take the leading Presidential candidate off from one of the two major political parties off the ballot in Maine, based on her determination. No court, nothing here.

That's what's so outrageous. Let's go ahead and take a phone call. Hopefully, that encourages you to call in as well. Bill's calling from Wyoming on Line 1. You're on the air. Hi, Bill. Hi. Thanks for taking my call. I was able to get money sent to you guys.

You can talk to your producer about how much I gave. Let's keep the IRS out of this. Anyway, the thing is that if there are other states planning on taking, let's say, Biden off the ballot, then chances are we'll have nobody to vote for, in which case these guys, the left, can say, hey, we got nobody, we still have a President, let's just keep him and bingo, it's a takeover of the country.

Is that correct or not? No, it's not because his term expires and on January 20th at noon, he's done. The President's, you know, it's the next. Now, if he won, he would be re-sworn in. But no, what would happen in a scenario where you didn't have electors to get a majority, it would go to the House of Representatives and they make the determination on who would be the President. That's actually in the Constitution itself. What about the theory, and I heard people even in our own studio, we were talking this afternoon or this morning, I'm sorry, prepping for this broadcast, going, what about having those more right-wing Republican conservative states start doing the same thing back to them, not because it's right, but because to prove a point, to say, fine, you're going to start pulling Trump off, we'll pull Biden off, and just to start the conversation to go, let's get things back on track. Yeah, well, I don't advocate lawlessness, and that is lawlessness. I'm a lawyer, so I'll never advocate lawlessness, but I said in the brief, that's why I said in our brief to the Supreme Court in the United States, if Colorado can take off Trump, why can't Texas say, we think that President Biden's derelicting his duties because of the situation at the border, and we want him off the ballot. Now, I would say you can't do that because the parties put it up, but that's the point.

And then the... Let me tell you what this... Maybe you got to make that point. You know what this Secretary of State in Maine did for me? Okay, let me tell you what she did for me, guarantees Supreme Court review, because exactly what I predicted in that brief would happen has now happened. So what I said would happen has actually come to fruition. I want to hear from you and get your reaction on all of this. Are you concerned that your right to vote is now in jeopardy?

And are you encouraged that the ACLJ is taking this stand? Call us at 1-800-684-3110. But I'm going to ask everybody that's watching... We've got a lot of people on Rumble and a lot of people watching us on YouTube as well. I don't even know if we're up on Facebook yet. We're not. So here's what I want to ask you.

And I'm going to be very direct. We have got a big challenge here. If you were to hire a law firm to do a Supreme Court case, it's millions of dollars. Now, we have our own teams, but we're taking a lot of resources to do it. We had a deficit of online giving that was about $5 million.

I'm being just transparent with you. We've whittled it down to about 700,000, 650,000, 700,000, right in that ballpark. But we still have the deficit. So we got to make that deficit up in the next three days.

So I want to ask you to do something. We have our faith and freedom year-end drive up. But as important as that is, let me tell you about the fights we're engaged in. You just heard about the Supreme Court.

There's other Supreme Court cases that we're dealing with involving elections. And this is to protect the country for your kids and your grandkids. And what we need you to do if you're able to, since this is the biggest Supreme Court case we've ever been involved in, and we've now got a three times match, we've never had that before, I want to encourage you to support the work of the American Center for Law and Justice in a way maybe you never have before. Your donation will be tripled. In other words, we have a group of donor funds that can now be utilized to triple what you donate. So if you donate $100, we're getting $300. A bunch, a lot of you donated $4,000 and $5,000, $7,000 yesterday.

I mean, a $7,000 gift is effectively $21,000. That's how, Logan, significant this match is. And I'm asking, and I'm taking the time to do this because I'm laying out what we're facing right here at the end of the year. We talked about this on Hannity yesterday. This is monumental in scope. I mean, if we've got to get this brief done, I mean, I said this yesterday, if I get to get a brief done by January 8th, I'm going to have to get up to, there's no way we're going to be able to do this long distance. I mean, even with the technology, I mean, it's going to be, you've got to get in a room and say, what are we going to do here? Yeah, I think people need to understand the costs that go into a lot of this. It's not just the legal situation.

You got to think about travel. I mean, that alone. Think about the printing bill, folks. I got a quote from a printing bill. Yes. You keep talking. I'm going to get you the bill.

Oh, it's great. It's always been expensive, but it's, it's, uh, printing is, uh, is in high demand right now because that's how you have to legally do it. Yeah. Honestly, it's a lot of the red tape that goes into, you know, being in the legal profession, which sometimes can get annoying. It can be slow and arduous and it can take time, uh, and energy and money. And I think those are the kind of expenses that people don't hear when they hear you start spouting off, you know, we're trying to raise X number of millions of dollars.

You may go, well, what does that go into? Well, there are things, obviously you want to pay people. Everyone gets paid who works here. That's great.

They should, it's their career. They're some of the best in the business. If you're going to get the best of the business, we got to pay them like they're the best in the business. But also you have a situation like this where it's just the travel bill alone to send people across the country or to Europe or wherever it needs to be, uh, is, is, you know, goes very, very quickly. Printing bills here could run 80,000 to 150,000. Just to print the briefs. Well, because you've got so many, you got to print. And as I, we put up on the screen and, um, or radio on it, it's, it's basically, maybe that should expose a book.

I mean, it's basically what you're doing is you're printing a book. Um, and, and we had to print my time. This is over five of these. So anyways, folks, this is what we need you to do. We're an ACLJ triple match is our faith and freedom drive go there right now. While we go to a break, you go to ACLJ.org and say, I'm standing with the ACLJ.

This is the moment that counts. I'm reporting for duty ACLJ.org. And if you could start standing with this monthly, we're like eight away from getting to our 8,000, maybe it was 20 to our 8,500, um, champions.

We're really close. We could, we could actually do that today at ACLJ.org. We encourage you to go there right now, have your donation tripled ACLJ.org. We are taking a lot of your calls today at 1-800-684-3110. Let's go ahead and do that. Let's go to Dion who's calling in Washington online to just kick it off. Dion you're on the air. Thank you for taking my call and I wish all you guys and loved ones the best in the new year.

Thank you so much. Jay, I was thinking, uh, is it possible, um, why he wasn't charged with insurrection? Um, did they maybe decide not to take that to court? Cause wouldn't they have to prove like intent like he knew? Yeah, no, I think, look, they had a, they had a special council, but before that they had a US attorney looking at all this, then a special council spending a year on it with grand jury subpoena power. And they guess what? They filed an indictment and guess what's not included?

Secretary of state of Maine. Insurrection. And the only time there was an insurrection charge, it wasn't in a court of law. It was in the United States house of representatives in a partisan impeachment.

And when it went to the United States Senate for the Senate trial, he was acquitted. So this is nonsense. And you got to understand it is nonsense. And Harry Hutchinson, our director of policy is here. And you talk about a policy directive. I think the secretary of state needs a little bit of a policy lesson. She, you know, you warned about this, the secretary of state's doing it on their own.

She literally did it on her own and said, it's a close call, but I'm making the decision. Absolutely. And one of the things that she cites is the likelihood of violence pursuant to Trump's speech on the ellipse, except there's always a likelihood of violence when and ever, whenever you give a speech. So President Biden has opened the US border that has exposed American citizens to a likelihood of violence. Has President Biden committed an insurrection within the meaning of the secretary of state of Maine? Probably not, but I think we live in absurd times and the ideological left is committed to an absurdity.

They are committed to the claim that Donald Trump engaged in an insurrection, even though he was acquitted of that particular charge before the United States Senate, he has not subsequently been charged by any court of law with an insurrection. But nonetheless, this particular secretary of state possessed by utmost arrogance suggests that she and she alone has the power to decide this particular case. That is not that is nonsense.

I mean, it's not a nonsense. I mean, it's so dangerous because this is, you know, this is how you get into lawlessness and anarchy in a situation like this, Logan, it is out of control. And that's why we're at the Supreme court of the United States, but this is what message to the Supreme court move rapidly. It's spiraling out of control already. It's not just Colorado. Now it's Maine. And we know, or you know, where it's going to go in Oregon.

I mean, I'd be stunned if it went anywhere else. So the court has got to move here. Now we're filed, we're monitoring to see the Trump team. I'm sure is going to file them the next day or two, I would think.

And then certainly by next week. I think that's a question also people have asked, what's the difference between what you're doing, what the ACLJ is doing and what the Trump is doing. So we represent the Colorado Republican party.

Yeah. So we represent the actual political party because when you're in a primary, it is the political party that puts up the candidates. So while President Trump is a candidate, it is the political party's process that's being violated here. But President Trump has a valid interest as well. His name is the one taken off the ballot.

So when we had Dave on yesterday, the chairman of the Republican party, it was exactly because of that. Okay. I think I just want to clarify so people understood what that looks like. I also want to kind of understand the timeline here. Could you say you want the court to work fast? What is fast?

And I guess what's the fastest and what's the slowest. Well, I see, we suggested we didn't give dates in our brief because I thought that that's up to the Supreme Court to decide, but we proposed two different scenarios on expedited review. It has to be expedited period.

What that means, it has to be taken out of a normal system because if this was in the normal system with this cert petition being filed today or yesterday, and then the other side is getting their normal responses and then the time you get to write the briefs back and forth and then oral argument, this case wouldn't be argued till next October, which means... Which can't be possible. Not possible because of the election. So they need to consolidate it up. Now in the ideal world, they would consolidate it up quick enough that we'd have a decision well before the primary. The problem is the primary is March 5th. But in my view, Harry, if we don't move quickly, it is tainting the primary process as we speak.

Absolutely. And it was designed to taint the primary process. So this is a deliberate effort by globalist elites, by ideologues who are committed basically to threaten our democracy. Nonetheless, the Secretary of State of Maine argues that democracy, quote unquote, is sacred. She is protecting democracy by preventing the American people from voting for the candidate of their choice.

I want to read what Representative Jared Golden's Democrat from Maine. This is a Democrat from the state that's done this. He said, I voted to impeach Donald Trump for his role in the January 6th insurrection. I do not believe he should be reelected as President of the United States.

However, we are a nation of laws and therefore until he is actually found guilty of the crime of insurrection, he should be allowed on the ballot. And that is what's at stake here, folks. I can't make it any clearer than that. And let me tell you what we need you to do. We've got thousands of you watching right now and tens of thousands of you listening to this broadcast today.

Now I'm going to ask you to do something. We're in an end of the year faith and freedom drive, but we're not in the last three days. And I've got a Supreme, we have a Supreme Court case here that is going to take eight lawyers working on because the turnaround time is unbelievably quick. And we can't get everything lost into the translation, which can easily happen in these. You could lose it in the translation. I don't want that to happen. Thus, we need your help. Logan's going to let you know how to do it. And then I'm going to ask you for a specific thing.

Yeah, this is it. We are in the final three days of this faith and freedom year end drive, and it couldn't come obviously at a more pivotal time. You're seeing it, you're getting the news alerts on your phone. You know what's happening around the country and around the world that we're fighting both domestically and internationally. We warned you, this avalanche could come and it seems like it's here. And we are taking this directly to the Supreme Court, as you heard, and we're going to break down even a little bit more of that on what it looks like.

What does it mean? Maybe you don't know a whole lot of information of how the Supreme Court works, the inner working. I know a lot of you do. We have a smart group of people who are listening and watching this broadcast. We have for the last nearly 30 years, so we appreciate all of you who support it.

But this is a really important time, maybe the most important time. You can defend our constitutional republic. You can be involved right now. All you have to do is go to ACLJ.org, give generously, and when you do, every donation is tripled. Understand, you're not paying for that. Let's clarify that. There are other donors who basically said, if I have funds available to be matched, I know you've seen those matches go.

You've seen people put up these options. We usually offer a double match a few times a year, two times your money. But because of what's happening domestically, because of what's happening in Israel and what we're doing, we found those more donors, more people who are willing to unlock more, and we can't do it without you. So all you got to do is go to ACLJ.org, make a donation today, and if you can, you can also decide to become an ACLJ champion, which is a recurring donor, a member essentially of the ACLJ. It's very easy. You can be a part of it. All you have to do is click that button to become a champion while you're at it.

If you can't, that's okay. We know a lot of people are doing their year-end giving. I'm doing it myself. I'm working with my wife and I going through where can we put our funds to different charities and organizations and nonprofits around the country.

Where can we go? So you can do that right now as well as ACLJ.org. When we were on our pre-radio call, Matt Clark, who heads up a lot of our online advocacy issues, said that we had a lot of large donors this day last year. So some of you can do this, and if you can, we totally get it.

But if you can make a large gift, and a large gift, I mean, $2,000, $5,000, whatever it might be, the tripling aspect of that means that $5,000 gift is $15,000. So I'm going to ask you if you are able to pray about doing that at ACLJ.org. We'll be back with more. Keeping you informed and engaged, now more than ever, this is Sekulow. And now your host, Jay Sekulow. Hey everybody, welcome back to the broadcast.

All right, so let me tell you what we've got. I predicted and it came to reality. I predicted that the Supreme Court needed to take the case.

They haven't done that yet. I predicted that other states were going to follow the Colorado Supreme Court immediately. And guess what happened yesterday? In Maine, that's exactly what happened.

But here is the troubling aspect. This was a decision by one elected official. No due process, no hearing, no trial, nothing. No notice of proceedings, no briefing, no oral argument, no rules of evidence, no defense witnesses, no defense lawyers, no due process. Yet the Maine Secretary of State has ruled that the former President of the United States is off the Maine primary ballot. And she acknowledges that there was no charge of insurrection.

This is what's so insulting about this opinion. The question of whether Mr. Trump engaged in insurrection is a closer one. No kidding, he wasn't charged with it. Then she said, it would not be difficult to answer had Mr. Trump been found guilty or not guilty of insurrection in a court of law pursuant to 18 USC 2883, which criminalizes insurrection.

Well, let me correct you right there. It would not be difficult except for the fact that after two years of investigations by a special counsel and US Attorney's Office and the FBI and the Department of Justice, he has never been charged with insurrection, nor has anyone else. There has been no charge of insurrection. Yet she says the applicability of section three of the 14th Amendment doesn't turn on whether an office seeker has been convicted of a crime, however.

Instead, under her laws, I'm obligated to make that decision myself. She acknowledged she wasn't convicted. What she fails to put in there was, well, there was one proceeding involving insurrection, and that was when the House of Representatives moved to impeach Donald Trump. They sent articles of impeachment over to the United States Senate. The case was tried in the United States Senate on insurrection.

You know what happened? Acquitted, not guilty. That she conveniently, Professor Hutchinson, ignores in this order. Absolutely.

So she is basically driven by her own arrogance. And so she has reached a unilateral decision, which is not grounded in the facts, not grounded in the law, not grounded in policy, and an approach which ignores President Trump's rights, the rights of the Republican Party and the rights of the American people to elect their own representatives. And so it's imperative that the United States Supreme Court take this case and slap down this slapdash approach to legal analysis. Over the Christmas holiday, our ACLJ team, on your behalf and the behalf of you, your family, your kids, and your grandkids, filed a petition for certiorari. I'm putting it up on the screen right now. I'm holding it in my hand.

You can hear it for a radio audience. Case number is now 23696, petition for certiorari, Colorado Republican State Committee versus Norma Anderson. We have filed this with the Supreme Court. I also had our team filed at the same time a motion to expedite consideration of the petition for certiorari and to expedite merit briefing in oral arguments if the court grants the petition. The crew, which is the group that sued, filed a motion saying that they agreed that this case needs to be expedited. Now the Supreme Court has even more reason in light of the decision from Maine.

They have no choice here. So I think the court needs to expedite it and move quickly. Hopefully the Trump team, I'm sure, will be filing in the next day or two.

I suspect then all the case issues will be joined. We're going to be in an unbelievably tight timeframe. Your support is going to be crucial, folks. I'm going to ask you, I'm going to be very bold and very direct. We're in the last three days of our Faith and Freedom Drive.

This is it. I need you to go to ACLJ. There are thousands and thousands of you watching, tens of thousands of you listening right now. If just a fraction of you went to ACLJ.org and made a donation, that donation is going to be tripled.

So it's the end of our Faith and Freedom Drive is Sunday. We really need your support. Some of you can make large gifts.

If you can, we really appreciate it. Those are tripled too. You know, someone gives $10,000, it's $30,000 of benefit to the American Center for Law and Justice.

So I'm going to implore you to do what you can, if you're able, at ACLJ.org. And $5 becomes $15 in all of discounts. Look, our average gift is $34. Our average gift is not $5,000. It's $34. We appreciate that.

ACLJ.org. And if you can make that a monthly gift, a recurring donation, that'll make a huge gift. Let's stay on. I want to stay on and talk to our audience on our social media.

Welcome back. We're going to start taking your phone calls. There's a lot of you on hold right now. So let's start and go ahead. Let's go to Steve who's calling in New York on line 4.

Steve, you're on the air. Hi, my question has to do with sanctions for frivolous law practice by the left in federal court. We understand that Maine was not a court proceeding and states like Colorado, states generally don't sanction lawyers for frivolous law practice. But in federal court, it used to be that on their own initiative, they would sanction lawyers $10,000 and more for engaging in frivolous law. Yeah, in federal court, it's called a Rule 11 sanction. The problem in Colorado is they won. I mean, let's be clear. There's nothing to sanction them on.

They won. We got to get it reversed. Donald Trump will not be on the primary ballot. Well, he'll be on the primary ballot if the Supreme Court takes review of this. If the Supreme Court denies review, it's over for Donald Trump in Colorado.

And then let me tell you something. You want to talk about an avalanche of cases, folks, in ways you've never imagined. Every blue state will take him off the ballot. And Harry, we talk about election interference. I can't think of anything more of election interference than this.

I think you're absolutely correct. But it's also important to keep in mind that this is a planned, deliberate effort. And so one of the things that the American people need to do is to look forward. How do we counteract these attempts basically to deprive the American people of their opportunity to participate in democracy? And one of the first things we need to do is we need to be prepared to go to court and to go to court swiftly to basically clamp down on these decisions, which in my view are both illegal and illogical. One of the things to keep in mind is these people keep claiming that they are protecting democracy.

How? By preventing you from voting for the candidate of your choice. This makes no sense. Secondarily, I would point out that many of these efforts fail to actually read the precise language of Section 3 of the 14th Amendment. It points out, for instance, that it the law or the rule only applies to officers. And as we have shown in countless legal briefs and arguments, Donald Trump was not an officer within the meaning of the 14th Amendment of the Constitution. He appoints officers. He is not an officer. You're not electing an officer in the United States. So, hence, it's inapplicable with respect to Donald Trump. And so the Secretary of State of Maine got the law and the rules wrong. And we're not the only ones saying it. It's not only people on the conservative side of their saying.

Let me play from Ellie Honig, CNN commentator. Here's what he said about Maine's action. But perhaps, and this is the argument that the Maine Secretary of State in Colorado made, the states can do it too. If that's true, then Section 2, Question 2 is were the processes, were these hearings fair? Did they comport with due process?

And I think there's a question there with regard to what Maine did. Because if you look at the hearing and she details this in the ruling, they heard from one fact witness, a law professor. She based her ruling on a lot of documents, but also YouTube clips, news reports, things that would never pass the bar in normal court. She's not a lawyer, by the way. It's a smartly written decision, clearly consulted with lawyers, but this is an unelected. She's chosen by the state legislature. She's not even elected and accountable to the people. And she made a decision to take off a candidate for President of the United States. Should you be outraged?

Yes. That's why you need to support the work of the American Center for Law and Justice, because we're standing at the forefront on this, fighting for you and the right to vote at ACLJ.org. And our triple campaign here with our faith and freedom drive, ACLJ.org. Let's take another phone call. Yeah, let's go to Eric who's calling in Colorado, line one. You're on the air. Hi, Eric. Hi. You suck, you little brothers. You guys are awesome.

Thanks. My solution is that the Republican Congress, which they are in charge, should create a law that any judge or secretary of state or district attorney goes against the Constitution. We, the people, should be able to file charges on who does break that law. Well, of course, a DA is elected. So the people of the state decide of the DA.

Federal judges are appointed for life. And I got to remind everybody of this, as lawless and as crazy as this all sounds, they won in Colorado. I don't think they've lost in eight other cases, but they won in Colorado and they've got Trump off the ballot in Maine. Right now, Donald Trump is not on the ballot in Maine.

If that was today, he'd be off. So that's why this fight is so unbelievably critical and essential. And we have no time to waste. Zero time to waste here.

We're taking your calls at 1-800-684-3110. Harry, I said it's the most important case we've ever taken. And that includes the religious liberty cases, the life cases, the administrative law cases that we've taken, all of those, even some of the election cases we've taken, because this one is the fundamental one of who do you get to vote for?

Absolutely. And it's important to keep in mind that the United States Constitution and the United States government holds together and is held together by a thread. And that thread is grounded in the rule of law. The Secretary of State of Maine, and in my opinion, the Colorado Supreme Court, basically want to cut that particular thread. They want to basically disqualify candidates on the basis of their ideology, on the basis of whether or not the person is likable. And they have sought to engage in this behavior for months.

It's important to keep in mind that this effort to disqualify President Trump basically commenced in January of 2021. So law professors have been at work on this for a long, long time. And so it's very important to note that in Maine, the only fact witness allowed was indeed whom? A law professor. And I love law professors. They're great human beings. I used to be a law professor, but we should not be setting policy for democracy. That is the truth. And I just can't imagine a scenario where this is appropriate.

And I mean, what this has done to the country. Logan, do you want to take one more call? Sure. We're keeping our phones open. Yeah, phone lines are open. You can keep calling 1-800-684-3110. Sorry.

That's right. 1-800-684-3110. Let's go ahead. We'll go to Daniel, who's calling on line six. You're on the air. Give us a call.

Phone lines are now open 1-800-684-3110. You're on the air. Hi, Daniel.

Hey, thanks, guys. Y'all are doing a great job. I don't know if the Secretary of State's elected or not, but if she is, she needs to be voted out of office. She's not elected. By the people of Maine. She is not elected. Not elected. Well, whoever's appointing her, they need to be voted out of office. That's the legislature in Maine goes a good look with that, but I share your sympathy. Yeah. Well, I sure hope that they vote them out, but she's affecting all of our votes.

Oh, yeah. Because let me tell you, Daniel, what's going to happen here is you're calling from Idaho. You're probably pretty safe in Idaho, but if Trump's off in Colorado, not on in Maine, not on in California, not on in... All of a sudden, and here's what's going to happen. People are going to go to the primary and say, you know what? I am for Trump, but there's a cloud here.

I don't know if he's going to actually be able to be the nominee, so maybe I should go for somebody else. You talking about election interference? I don't use that term election interference lightly because I think it's been overused, frankly. Okay.

I'm being honest. I think it's been overused. But my goodness, if there was ever a case slogan for election interference, this is it. And now you've got a secretary of state saying, it would have been easier to make this decision if he was found guilty. Hey, Madam Secretary, it would have been easier to make the decision if he was convicted. It would have been easier to make the decision maybe if he was charged, which he wasn't. That would have been easier. But the point is, he wasn't after two years of investigations and a special counsel. So go figure what they're doing in Maine.

That's why the Supreme Court move we made is so vital and critical. All right. We're going to take some more calls coming up in the next segment as we wrap up the show. And you can give us a call. Last chance to get your voice on the air for the year 1-800-684-3110. Of course, we're not going to end this segment without telling you about our faith and freedom year end drive because it is that important and this is it. Folks, this is the end of it. We've got a couple days left.

This is our last broadcast day. So we are in the final days of our faith and freedom year end drive. And it couldn't be at a more pivotal time. We're fighting at the Supreme Court, as you've heard, to secure your right to vote. Some have said, including you, this is our most important case ever. We are ready to defend our constitutional republic. Well, here's what you got to do.

You just got to go give generously at aclj.org. And all donations are tripled. We've never done this before.

Never had a triple match. But today, we do. So we do it right now. It's the biggest battle the ACLJ has faced. Urgently, we need your support.

Again, tax-deductible support at aclj.org. We are going to take your phone calls again coming up. So if you do have that last minute thought, maybe you have a last minute word of inspiration for people, word of thought, word of prayer, give us a call 1-800-684-3110. It's an important time in our country, important time in the world. And of course, as we head into a new year, we want to make sure that not any of that is lost on what we're doing and what we're fighting for. It's also our most important case we've ever had. And it's moving at record speed.

And I suspect within the next week, it's going to be me moving in at even quicker record speed. And that's really where you come in. We really need your support on this at aclj.org. We're in a triple match. It's our faith and freedom drive. Folks, if you could donate $30, great. If you could donate $5,000, great, because it's all tripled.

And it makes a huge difference. If you could stand with us monthly, we are within striking distance of our goal of 18,500 ACLJ champions. And I think we're going to get there by the end of this year, in the next three or four days.

That will also help us a lot. So go to aclj.org, have your gift tripled in our faith and freedom drive, as we're fighting for you at the Supreme Court of the United States. All right, wrapping up today's show, we're taking as many calls as we can. We're going to kick it off right to Tim in Kentucky on line four.

Tim, you're on the air. Yeah, thanks a lot. So the question is, all of these issues going on in Georgia, New York, Colorado, Maine, by these judges that are supposed to be following the rule of law and what the Constitution states, but they're doing it under their own interpretation. And their interpretation, everyone's interpretation, is governed by bias, how they see it. And so if they're a Democrat or Republican, they're going to be looking at it as their base. So in these cases, if a judge is ruling by bias, can they be removed from the case or do they have to recuse themselves?

Yeah, it's very difficult. A motion to recusal is very difficult to get because even though every judge comes to a case with their own worldview and bias, no doubt about that, conservative or liberal, the only way that you can actually move a judge to be recused is if they do an act while they're sitting on your case that in essence shows the bias, that they can't administer justice fairly. It's not a basis to recuse somebody because they ruled against you. Remember in Colorado, they won. We won at the trial court, but they won at the Supreme Court of Colorado. And that's why the case is now at the Supreme Court. I'm confident when the Supreme Court takes it that we will carry the day, but I am taking nothing for granted here.

There are judges at the Supreme Court that may agree with the Colorado Supreme Court. I told our team, assume we've got three votes and they've got six and let's get two more. That's how you got to do these cases. And this is going to move in record speed. Like you're not going to believe how fast this is moving. Let's go to Kelly now, who's calling in California. Kelly, you're on the air. Hi, Kelly.

Hi, good morning. I'm just wondering where are the voices of the people? We keep calling ourselves, we the people, but it seems like we're leaving it all up to the lawyers. Where are the protests? Where are the voices of the people whose liberties are being stolen?

Let me tell you where the people are. This is your form of supporting the work of the ACLJ. I'm going to be bold here, but when you support the work of the ACLJ, that's your protest because you know what? The only way this gets overturned, you could go to the streets, but that's not overturning these decisions. What's going to overturn these decisions is smart lawyers getting in there and figuring out how do we win this case? Where in the opinion does it say reversed?

So that we get a constitutional Republican, we can keep it. So the protest here, Kelly, is supporting groups like the American Center for Law and Justice, who are literally on the front lines of this, the front lines of the situation in Israel with our office in Jerusalem. But in this series of cases, literally on the front lines, we're the first one at the Supreme Court on this.

That's how fast we got it there. You want to know what a protest is? A protest is you work through Christmas and you get your cert petition filed on December 27th at the Supreme Court of the United States, sent to the printer on the 26th. That's a protest. And then getting it heard, expedited, that's a protest.

And then getting it overturned, that's a protest too. So that's what we're doing. All right, let's continue on. Let's go to Melissa, who's calling in South Carolina. Melissa, you're on the air. Hey, Melissa.

Hey, good morning, good afternoon. May the Lord bless and keep your work and give you great wisdom as you shine for our United States of America. Thank you. Oh, that was very kind.

We appreciate it. I was going to ask Melissa if she was still on the phone. I don't know if she is, but she's gone. That's going to be quite a political tussle down there in South Carolina, I think. Well, unless they take Donald Trump off the ballot, which I don't think will happen in South Carolina. But who knows?

Who knows? We'll see where things go. We'll continue on and take some phone calls. We've got a couple of minutes left.

1-800-684-3110. But we are wrapping up today's broadcast, and I think that it's important to give you one last opportunity to support the work of the ACLJ. We're going to be coming at you with a lot. If you're on social media, if you're on Facebook, Rumble, YouTube, you're going to find us on Instagram promoting and talking about our year-end drive here for the next few days. You've got a concert coming up. Yeah, we're going to do a concert on Sunday night, New Year's Eve, at 8 o'clock Eastern time.

So you're going to want to watch that one. And that's another way to support the work of the ACLJ. Let me give you the other side's proposal here, Logan, on timing. So they agree with us that the case needs to be expedited. So they're not opposing our expedited. They're going to oppose the questions we presented and the substance, but not the time frame. Here's what they proposed. That the Trump people better get their petition in according to the crew by January 2nd.

Ours is already in. On January 8th, Trump's and Colorado Republican Party's opening briefs would be due. So that's in basically 11 days.

I've already got a team started on that. On January 12th, four days later, their briefs will do with their amici support do as well. And by the way, our amici support, friend of the court's report, would also be due January 8th. Any briefs will be due four days later on January 16th. And they would do a special session, this is what they're asking, for the oral argument on January 19th, which means that this entire process, if CREW gets their expedited order the way they'd like it, is three weeks.

Three weeks. You think we're going to be busy, folks? I've got to recruit. I've got to get help. I've got to get teams in place. This is a lot of work. And that's where you come in. Support the work of the American Center for Law and Justice. We're on a faith and freedom drive.

There are thousands and thousands of you watching this right now and tens of thousands of you listening to this. Go to ACLJ.org. Your donations will be tripled, which means if you donate $500, it's $1,500. If you donate $5, it's $15. ACLJ.org.

And if you can make that monthly, you become an ACLJ champion. All right, let's take another call. All right, Maggie's calling from Maine on line four.

You're on the air. And she's from Maine. Hello. Yeah, from Maine. Maggie, you're on. Yeah, hello.

I'm just wondering, I didn't get much sleep last night. I was wondering what that bellows, why she had the right to do what she did to take Trump off the ballot and basically take my right away to vote for my candidate when it should be the people of Maine that decide, is there anything, anything that they can do to fight this or reverse it? Yeah, let me tell you what we're doing. I mean, Jordan and Don Parsons from her office are talking to the chairman of the Maine GOP, I think right now, because we're going to have to go to court. So we're going to have to start a court proceeding to overturn this in the Maine system. And then it goes within a very few days to the Maine Supreme Court. And then at the Maine Supreme Court, we'll ask the court to hold everything, let them stay on the ballot through the primary while the Supreme Court disposes of it.

So there's a lot that's going to be done. And that's another example. Folks, we've got other cases. We're talking about the Supreme Court, but we're in all these other state courts, federal courts, Fourth Circuit Court of Appeals. We won in West Virginia. That's been appealed now. So Logan, that was a very good call. No, we've got to take action there in Maine as well.

That's right. Look, we only have a minute and 45 seconds left and we need your support. Folks, I'm talking right to you here and I'm talking from the heart. On behalf of all of us at the ACLJ, if you enjoy this broadcast, if you'd like this program, then support the work of the ACLJ at ACLJ.org because what you're doing there, your donations can be tripled, whether it's $5 or $5,000. So if you enjoy this broadcast and learn from this broadcast, support it.

It takes a lot to put this together. For those of you that also enjoy our and support our legal work, we're at the Supreme Court of the United States on the most important case we've ever had. And we got the ball rolling on this, folks.

I will say that. I'm not trying to boast, but we got there quick and we got this moving. We got the other side to respond literally in 24 hours, less than that, in about 18 hours. We got the other side to respond.

So we are moving aggressively, but this is where you come in. We need your financial support. I'm trying to close an $800,000 gap between this year and last year, online giving.

You can help us do that. Go to ACLJ.org. Whatever amount you donate, it's tax deductible.

It will be tripled, which is great for us. That's at ACLJ.org. And if you can make your gift a monthly donation, well, then what you're doing is becoming an ACLJ champion.

And a lot of our champions are reported for duty. And every time there's a match, your gift will automatically be matched as an ACLJ champion. So let me encourage you to do that at ACLJ.org. But, folks, this is the last time I can come talking to you on radio today before the end of the year. Please give generously at ACLJ.org. Concert 8 o'clock Eastern Time on Facebook, Rumble, Twitter, and YouTube at jSekulowband.
Whisper: medium.en / 2023-12-29 14:08:55 / 2023-12-29 14:30:51 / 22

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