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Special Counsel Report: No Charges for Biden in Classified Docs Case

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
February 9, 2024 1:16 pm

Special Counsel Report: No Charges for Biden in Classified Docs Case

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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February 9, 2024 1:16 pm

Special Counsel Robert Hur announced that President Biden won’t face prosecution for the classified documents probe due to his “poor memory.” On the other hand, President Trump’s classified documents case is still pending. Is there a two-tier system of justice for President Biden? The Sekulow team discusses the Special Counsel’s scathing report, yesterday’s explosive U.S. Supreme Court hearing regarding the Trump ballot ban case (and the ACLJ’s filed brief to defend voting rights) – and much more.


Today on Sekulow, how damaging is the special counsel's report to President Biden? Keeping you informed and engaged, now more than ever, this is Sekulow. We want to hear from you. Share and post your comments or call 1-800-684-3110. And now your host, Jordan Sekulow. Hey folks, welcome to Sekulow. Well, we thought today would be just more discussion maybe of the 14th amendment and section three of that SCOTUS case argued yesterday, but we thoroughly went through that in our broadcast yesterday. And if you missed that, definitely check it out through wherever you get our broadcast.

They're all online because we got into that. It looks fairly confident that you will be able to vote for President Trump in the primary and general election if he makes it to the general election and have your vote counted. And also, hopefully, that will be settled for the future. But we got to turn to really some breaking news and that is the special counsel's report. Robert Herr, who was looking into the classified documents found all over different Biden properties, this one specifically found in his garage at his home. And it wasn't so much about the damaging part about this wasn't so much or the legally damaging part about this wasn't so much about the classified documents because as Herr notes, there's an Office of Legal Policy memo that says you don't criminally prosecute a sitting President. And we use that during the Trump investigation as well that you cannot indict a sitting President. But he went further and said you couldn't indict this sitting President anyways because. Yeah, because he's basically not competent to stand trial. This is what he said, President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.

And then it goes on and we'll get into this later in the program as to exactly what the findings were. But the conclusion was that he would present himself as a likable elderly man with a faulty memory. They went on to give examples of that faulty memory. And I want to say this, I don't want to be making fun of his mental capacity, but this is what they wrote on page 208. They said that he did not know when his vice presidency ended and during his investigation and his interview with the special counsel, he actually asked if he was still vice President.

This is sad and tragic and this is where the family of the President needs to get in and say round two of this is not a good idea. And people said that throughout the time with the falling, with the statements, even last night's press conference, which we'll get to as well, where he tried to fight back and then made a number of errors yet again. And we'll go through each of those, but just from this memo, I mean, just looking at it, he says that Mr. Biden's memory was significantly limited both during his recorded interview with his ghost writer in 2017 and with the special counsel's office in 2023 during his interview, he did not remember when he was vice President for getting on the first day of the interview when his term ended.

If it was 2013, when did I stop being vice President? That is at 208 as you said, he even asked, am I still vice President at page 208? The special counsel also took into consideration, you said the sympathetic elderly man with a poor memory and it would be difficult to convince a jury that they should convict him by, by then a former President into his 80s of a serious felony that requires, and this is what's tough too, a mental state of willfulness. So does he have the mental capacity?

It brings it into question very fairly, dad, very fairly. Is he mentally capable to be President of the United States of America? This is now a real issue for him. Well, I think this is the end of him being able to run for the second term. I think the democratic party is going to say, say that again. That's a big statement. Yeah. I think this is the end of his ability to run for the second term because what the finding is is that the President willfully retained and disclosed classified documents, but that what he's really saying is, but he's not camp competent to stand trial for this because he had diminished capacity. And this is the President of the United States we're talking about.

And that results then in a jury, not being able to find criminal intent. Yeah. Folks, this is huge.

Yes. And you know, when you go through, let's get it down for everybody in the next segment, when you go through the gaps that, and let's make sure we've got that guys. I mean, the amount of gaps and even last night's press conference was painful. And you know, I think they allowed all those, those shouting reporters. People said, Oh, that was disrespectful. I guarantee you the white house did that on purpose. They said, scream your questions out because they wanted to make him look tough and capable.

And instead he looked confused again and he started making more mistakes. We've got a lot more for you. We come back on secular. We're going to get into all of the ramifications of this special counsel's report. And it's not even so much on the classified documents. You never know what you're going to get in Washington.

Welcome back to Sekio. Our team has put together kind of this super cut for you of these issues that, that again, they've come up with President Biden and then that now have led to a special counsel report where he was so angry about, you know, the special counsel, he kind of feigned this anger about, you know, uh, the death of his son, a bovine. And, uh, that again, he could not recall the date. Now he said he just didn't think he deserved to have to tell him the date, but we didn't hear the date again, back in the press conference, even just to, you know, just to confirm it, by the way, it's this I'm sick of people asking me about that. It's really hurtful.

What'd you do? But I didn't do that. Just listen to all of these different times. I mean, this is all just, well, in the, in the last 24 hours, this is all just this week. So the last four days, take a listen to President Biden. There's some movement there's been a response from the, uh, the there's been a response from the opposition, but, um, uh, yes, I'm sorry from Hamas. I said, America's back and made around from Germany. I mean, from France looked at me and said, uh, said, you know, what, why, how long are you back for?

Initially the President of Mexico CC did not want to open up the gate to allow humanitarian material to get in. When I said, when I pushed all these programs, I said, I'm going to be a President for everybody whether they live in a red state or a green state. And making Roe V war the law of the land, the law of the land. Okay.

Let me, I'm playing this. We played this not to, not to, I'm not making fun of his diminished capacity, but the special counsel appointed by his justice department has come up with that conclusion and he's running for, and he's the President of the United States, which means he probably should not be the President of the United States. Remember when they try to apply the 25th amendment against President Trump, that's when the cabinet can get together and remove, uh, the President or at least temporarily suspend the President. This has those kinds of earmarks on, on the situation. It's very dangerous for the country. I feel horrible for him and his family.

I'm going to, we can go through the, you know, what, where these reports are. The classified document case here is no different than Trump's as far as documents were not kept where they were supposed to be kept. But the reason they're trying Donald Trump is because he has the mental capacity to understand this. And the vice President does not current President, right? The current President does not, and he did not know that he was no longer vice President.

No, I mean, and you think about it, those were mistakes that we just played. That's just this week, folks, just this week. He forgot the name of Hamas. Someone else had to give it to him.

They said, Oh yeah, yeah, Hamas. So someone else had to feed him that answer. He was calling the opposition, uh, the Mitterrand thing. I think Mitterrand had been dead how many years since then?

He had been dead since 1996. So, uh, he did not have that conversation at that time that he was talking about. Couldn't pronounce Roe versus Wade.

Forgot Wade called it word over and over again. And then I'll CC. I mean, he's getting the two things confused about the border with Mexico and humanitarian aid coming across from Egypt into Gaza. But he was talking and he blames the border in Mexico on the Egyptian President.

I'll CC. I mean, this again, getting that complicated. And I've never heard anyone talk about a green state in my life. I actually Google it just to see if there was any like political term about like a green state in like, this is a red and blue. It was sometimes we use the term purple.

No one uses the term green. So it's like he starts halfway, but every time he starts halfway to the second point, it, it kind of just goes downhill rapidly. Obviously he was very angry about this report because this is one of the biggest issues clouding him is not the classified documents. It's not even Hunter Biden. It's, it's not even his policies. It's whether or not he's fit to be President.

Do we have any sound from when he, the statements he made at that press conference yesterday that are available? Let's play one that deals with his reaction when asked the question. There's even reference that I don't remember when my son died. How dare he raise that? Frankly, when I was asked the question, I thought to myself, wasn't any of their business. This is the, this is the problem by the way. And I'm going to say this later in the broadcast. I'm not a fan of special counsels.

I've never been as brand special because some of this was gratuitous. Yeah, I agree. It didn't have to be there necessarily because they could have just come to this conclusion. They could have said, we're not prosecuting him. He's sitting President of the United States and we don't think, and we, he's got diminished capacity in areas and we don't need to, we don't think we could be able to show criminal intent.

You didn't have to get into, he didn't remember this. He didn't remember that he still thinks he's vice President. I mean, they also took shots at Donald Trump in this, which was also outrageous. This had nothing to do with Donald Trump.

Yeah. In some ways this, this is like, again, it's not revenge, but be careful what you wish for when you go after, you know, your opponents like this, and then you find the classified documents, you appoint a special counsel and feel that everything will be fine. And listen, the report itself, if you're just talking about the classified documents, like he tried to start the press conference with that issue kind of is, is put to rest, but it's only put to rest because he said, he'll be too old and he doesn't have the mental capacity to be prosecuted.

If you don't have the mental capacity to be prosecuted and understand what's happening to you in a courtroom. I mean, dad, that, that really, they're saying he can, you want that person making decisions about how to handle Russia and Ukraine or the middle East. And we are in the midst of that right now, as we have service members who are killed in Jordan by Iranian proxy groups.

And we've engaged in a number of attacks since then. So here's the question. Who is running the white house? A bunch of 27 year olds, Harris.

Nope. And it's, it's not Lloyd Austin. He was gone for a week and a half and no one even knew. I think this is going to a fundamental problem that, you know, this is where it comes to the American people. And this is what we need to be concerned about. There's I know we're in election season, but this guy's President for 11 more months. And there's a lot happening, a lot happening around the world and he's confusing world leaders and world events. And then, and then, and if the prosecutor is saying he doesn't have the memory capacity to make these decisions and it doesn't have the mental acuity to be able to show criminal intent, you should not be President of the United States.

I'm not, I'm not saying this without a disrespect. We've all had family members that have, you know, have suffered mental capacities or dementia or Alzheimer's. It's serious. And I'm not saying it's either one of these, but the DA, the, excuse me, the special counsel said at his residence, when asked about being vice President, not only did he not recall the date that he was no longer vice President, he said, am I the vice President now? He said that to them affirmatively.

I still have, I mean, this is, and forgetting the second day of the interview, he says, he did not remember even within several years when his son Beau died. These are, these are terrible things. I, I, I look at these and I'm looking at it on our screen right now and it, I don't know, boy, confused the general that he said he had a disagreement with, which was a general that actually backed him. So look, what, what does this mean? We're going to get into this now, kind of the political ramifications and the legal ramifications. Let me tell you what it means.

Drop the lawsuit, the litigation in Florida and Mar-a-Lago against Trump. Get that out of the way. This is not right.

That's what this says. Because in the fair administration of justice and under equal protection of the laws, you would just say, you know what? This isn't right. So Merrick Arlen can make a really smart decision here and end this. That's what he should do in this situation politically and legally. End it for both of them.

Yes. And ultimately I think the Biden family needs to step in. Senior Democrats need to step in. Oh, you don't think that's going to start today?

I think it had already started. People like Gavin Newsom and others that were kind of testing the waters. But, you know, the fact of the matter is politically you'd much rather run against Joe Biden than Michelle Benton. You know, I was actually pointing out that in some case, I wouldn't be jumping up and down if you're a Republican here.

And here's why. If they likely replace Joe Biden, it's going to be with someone who they believe is very much more electable. So, and I don't think it's going to be Harris.

I think it would be likely be a Newsom type or they're going to say, you know what? We know Michelle Obama that you didn't want to get into this with Donald Trump. You weren't necessarily ready to make this decision in life, but we've got a crisis in the Democrat party. So we're either going to have four more years of Donald Trump or you've got to get in this race and try to beat him. And let me tell you something, that's a very different race for Donald Trump and Republicans than it is against Joe Biden. Especially when you could run, if it is Joe Biden, you'd be running that ad with that language over and over and over again in every state in the country. Because by the end of this, he's four years old. And let me ask you this, we only got like... No wonder President Trump said, let's debate.

Yeah. Michelle Obama comes into the campaign. What happens? It changes everything. It'll probably even, it could even change who, if President Trump ultimately gets the nomination, which it looks like he will, but even change who he picks for vice President, all these decisions you've got to make because you've got to shift now. And these weren't her policies. She could say, well, don't blame me for the Biden policies. Look back to the Obama years.

You know, with Christian compassion, you feel sorry for the man and for his family. But as to running the government, you say for our nation, this is not the way it can be. This is not the way it can be. Oh, support the work of the American Center for Law and Justice. We get involved in all these issues and we're able to give you this kind of analysis in depth and how it impacts you because of your support of the ACLJ. Become an ACLJ champion also. If you can donate monthly and become a champion for life, for liberty, for freedom, if you give monthly, we're at 19,258 ACLJ champions. Here's my goal. Let's get as close to 20,000 as we can at the end of this month. And then the next month, I'm going to say 21,000.

We're going to keep building these champions. It changes drastically the ACLJ's abilities. Hey, welcome back to the broadcast, everyone. Obviously, we're talking about what a lot of people are talking about right now and that there's a special counsel report that came out from Robert Herr on the situation with the document retention of classified documents by President Biden and then Vice President Biden.

Jordan was on the last two segments. We talked about the impact of that. But there is an interesting aspect of this because there's a double standard here, obviously, that's being applied.

And this is a tragic situation. It said, look, President Biden, this is in the report, President Biden willfully retained and disclosed declassified material after his vice presidency when he was a private citizen. They include classified documents about military and foreign policy in Afghanistan, handwritten notes and notebooks about issues of national security and foreign policy involving sensitive intelligence sources and methods.

The FBI agents recovered this classified information in his garage, offices, and the basement of his Delaware home. Andy, let's focus on willfully retained. What is the significance of that finding by the special counsel? Okay, the significance is that in a criminal prosecution, you have got to show what is known as the mens rea, evil mind. Evil mind plus evil act equals crime. And the evil mind requires willfulness, knowing intentional actions on the part of the defendant. So in other words, the prosecutor, Herr in this case, made the conclusion and he declines criminal prosecution under the US Attorney's manual, under the guidelines of the Justice Department's called a declination. He says, I find that he willfully retained and disclosed classified materials, but he finds that the willfulness element would probably not be able to be shown by a prosecution beyond a reasonable doubt, Jay. So there's a, that's the legal standard that's involved there, but he does find that there's in fact willfulness.

Now, the reason he's not taking it to the next step and there's two reasons. One is something we argued for President Trump, and that is the issue of that you do not have the ability to prosecute a sitting President. So that would affect of course, President Biden as well.

Now, the issue of mental state, which is again, I'm sensitive to this because a lot of us have family members that have had these situations before. They talk about diminished capacity as far as memory goes, which also means the competency to stand trial and to, you know, they say he's a likable older gentleman in his 80s with a forgetful memory. The difficulty here is he's also the President of the United States.

He's described as an elderly man with a poor memory. In the report, it says he did not know the date of his son's death. I thought that was a little pejorative on the part of the special counsel, by the way. I don't think that was necessary, but I'm pointing it out because all the news is covering it and we're going to cover it. But he did point out also the President said, asked if he was still Vice President. This was during one of the interviews with the special counsel. And that was a couple of months ago. I mean, so think about that for a moment.

I mean, let that sink in for a moment. The President of the United States asking if he is still Vice President. That is a sad state of affairs. First, I can't believe his family is letting him do this. And secondly, it puts the United States, Harry, in a very difficult situation.

I think that is correct. I think if you look at the overall situation, if you look at the report, if you look at last night's press conference, we have seen, I think, a cascading series of headlines. President Biden blistered by mainstream press after disaster press conference. President Biden as an elderly, irritable man. President Biden acting dazed and confused.

But I think at the end of the day, this much is clear. The 345 page report by special counsel Robert Herr was more damaging in many respects than an indictment. After all, Biden, according to Herr, willfully retained classified documents after his vice presidency about military and foreign policy. He used those documents in connection with a conversation he had with a private citizen, a biographer.

He used those documents with respect to writing a book for which he received, I believe, an $8 million advance. So I think there's much to talk about here, but at the end of the day, it's a very, very sad situation for the United States. And I also think we are sending a signal, a poor signal to the rest of the world because President Biden has demonstrated his inability to separate out world leaders from Mexico to Egypt, and also to remember whether or not he's apparently vice President or President. Let me go ahead and take Daryl's call. I believe that's out of Colorado on line three. Daryl, welcome broadcaster on the air.

Thank you. It's sad because they've waited to the end here at the start of the election to start pointing out that Biden is incapable of being the President. What they're doing is setting up because I believe that they can appoint another candidate before May, I believe it's May, and that's going to be Michelle Obama. And she's going to come in. She's going to win the black vote. She's going to win the independent vote. She's going to win the women's vote. And we're going to have another socialist for four years. If you remember, I think it was 2000 that Bush did this. He came in at the end of the, at the start of the election cycle and he did the same thing and he won.

And she will not... Bush was in it early on. I mean, George, are you talking about George W. Bush? Yeah, I believe so. Yes, sir.

He was in it early on, but you are right that the Democrat system is different than the Republican selection system because the Democrats have what are called super delegates and those super delegates can make the... I'll tell you what I'm expecting. I don't know if it'll be this week, next week, next month. I'm expecting what I call the LBJ speech.

I will not seek nor will I accept the nomination of my party. The mainstream media, the CNNs, the MSNBCs, even with the Supreme Court case last night, this was, Andy, all they were talking about. How damaging this is politically for... It would have been better, they said, for the special counsel to say he should be tried of a crime. We can't do it because he's a sitting President, but rather than this diminished mental capacity conclusion.

Yeah. I'm not a political prognosticator. I'm a lawyer, but it does seem to me that a special counsel should have just said under the DOJ guidelines and regulations, we can't try our sitting President and leave it at that. But when he went into what Harry pointed out to, and I think correctly, that this is an indictment, essentially, not just a special counsel report, he transcended that and went into areas that have political implications for the presidency. I think it's a sad moment in the history of a nation that's the greatest since the British Empire, maybe the Roman Empire, and we have to have somebody at the helm who's able to really direct affairs. It's interesting, in the report on page 228 of Robert Herr's special counsel report, he states that Mr. Biden's emphatic and unqualified conclusion that keeping marked classified documents unsecured in one's home is totally irresponsible.

And then, of course, having that actually happen. Here's the problem with all of this, and this is, I think, the real tragedy in this. This is where the special counsel, I think, and we'll talk about this when we come back for the second half of the program, this special counsel thing, I just think is a negative. I feel like it's a negative. We've got to continue to view it as a negative.

We'll talk more about that. I do want to say to you that in support of the work of the ACLJ and our three-day mini campaign, we raised $320,983 in three days for that Supreme Court case, which was submitted yesterday. Thank you very much. If you want to support the work of the ACLJ, you could do that at and become a champion for life, liberty, and freedom. That means you donate any amount monthly, you become one of those champions.

And we encourage you to do that at slash champions, 19,258, goals, 19,500. Keeping you informed and engaged now more than ever, this is Sekulow. And now your host, Jay Sekulow. So in over 400 page report from the special counsel, let me just say that the outset, I don't like special counsels.

I've dealt with them. I dealt with one of the biggest special counsel investigations in Presidential history. That was the Bob Mueller Russiagate issue.

I don't like special counsels. And then I don't like this report, but what I don't like this report is it puts the United States in a very vulnerable spot because they're saying our commander in chief is mentally challenged as it relates to the day-to-day operations of the presidency. Page 208 says, in his interview with our office, Mr. Biden memory was worse. He did not remember when he was vice President for getting on the first day of the interview, when the term ended, it was 2-2013, when did I stop being vice President and forgetting on the second day of the interview when his term began in 2009, am I still vice President? These are what they're saying he said.

He did not remember even within several years when his son Beau died. I'm going to stop saying that. I just don't like that they put that in there.

I keep reading it because it's the next sentence. And then his memory was hazy in other matters. It points to the problem of this is who's running the government, Harry. And now we realize there are checks and balances even within the own executive branch, but it's a very dangerous situation in the world that we live in that we have this going on right now. I think you're precisely correct. And I think the situation is made worse because President Biden, and maybe it's a result of illness, maybe not, he also seems to be fairly arrogant despite his disabilities.

And so I think at the end of the day, that does make the situation worse. And so I think he had a very confrontational press conference with the mainstream press last night. And I'm not sure he did himself any favors with either the mainstream press or the American people. Well, do we have some of that press conference that we could pull up? I'm going to pull that up in a moment. Before I do that, I want to play what he said in an interview with 60 Minutes with Scott Paley about the issue, and this is I think is important folks, about the President Trump's handling of classified documents. When you saw the photograph of the top secret documents laid out on the floor of Mar-a-Lago, what did you think to yourself looking at that image? How that could possibly happen, how anyone could be that irresponsible. I thought what data was in there that may compromise sources and methods.

By that I mean names of people who helped or et cetera. And it's just totally irresponsible. He did the exact same thing and worse. I classified documents at the highest level, not locked in a secure location in Mar-a-Lago where the FBI came in and said secure it more than they did, but rather in his garage next to his Corvette, in his basement, in his downstairs office.

He read them to his biographer. I don't want the President prosecuted because you don't prosecute sitting Presidents. I firmly believe that's constitutionally correct. But here's what I would do if I was Merrick Garland, and I'm looking right in the camera and I hope somehow this gets to Merrick Garland. What you should do is drop the case against Trump on that one, because this is really a double standard. And the only reason you're not moving forward on this is besides back to he's the sitting President, but he may not be the sitting President in 11 months is. Andy, the way I read it, it's like non-compass menace, not competent to stand trial.

Yeah, that essentially is the case because his defense is going to have to be, I don't remember what I was doing. I can't form the intent to commit a crime. And that all stands out and ultimately boils down to the fact that I don't know what knowingly I committed in the furtherance of these acts and therefore didn't commit a crime.

That's very close to saying that I didn't know what I was doing legally, mentally, and any other way. All right, we're gonna take your calls when we come back at 1-800-684-3110. Get your reaction to this. What do you think should happen next? 800-684-3110. Should he stay in the race? Should he not stay in the race, President Biden?

Should the Democrats pull him? What are the ramifications of that? 1-800-684-3110. Our senior advisor, Rick Grinnell, is going to be joining us next as well. And again, support the work of the ACLJ. Become an ACLJ champion. You donate every month. You become an ACLJ champion for life, liberty, and freedom. We're at 19,258.

Goal for this month, 19,500. Back with more. Our senior advisor for national security and international affairs, Rick Grinnell, former director of national intelligence, is joining us right now. Rick, Rick, I read the 400 pages of the report. I read the summary. I think it's, in one sense, both tragic. Some of it was, I thought, pejorative. And I think that is why I don't like special counsels.

They tend to do that. And I say pejorative in two areas. One, I think pointing out the situation with his son's death and the date, I thought was just tacky and unnecessary.

There was a way to say what was the mental capacity to diminish without getting that way. And then the attacks on Donald Trump. Well, this is different than Donald Trump because, you know, he didn't give us the documents right back. They don't say that they had to go to three different locations for this guy to get documents. I mean, besides the fact, I think both of these cases should be dropped, frankly.

But I wanted to get your reaction to this, especially on the ability. I mean, basically what he says is because of the President's diminished capacity to remember, I can't bring a case. In other words, basically, and he doesn't say it in this many words, but like Andy and I were talking, not competent to stand trial, but how do you run the United States? Yeah, I think that's the most concerning part for me is just looking at the fact that he's the President of the United States. He's in the White House making these decisions.

We've got two wars and an open border going on, an economy that's in terrible shape. So I just, I want to know who is making these decisions because clearly it doesn't look like Joe Biden is completely in control of all of this. So who is, who are these people that we need to hold accountable? Because that's our role is to hold our government accountable. You know, we've seen the secretary of defense kind of secretly go into the hospital, not hand off his responsibilities. When you look at Joe Biden and his problems, and you look at the secretary of defense, I think it's a legitimate question to say, who's in charge? Who is the one that's making these decisions?

And how do we start talking to him or her? So Rick, in this situation, do you remember that they were talking about the 25th amendment against Donald Trump? I thought that was nonsense and it ended up going nowhere. And they're already saying, people are saying the 25th amendment here, which just while it takes President out of office at the cabinet, basically a super majority of cabinet thinks, the majority of cabinet thinks he's unable to serve, not fit to serve. I don't think that's going to happen here, but I do not believe, I think we're going to get the LBJ speech in the next two to three months, maybe sooner. I will not accept nor will I seek the nomination of my party.

I think that's coming. I think that's why the White House political office is in this kind of situation. The problem with that is if you're a Republican is you'd rather run against Joe Biden, frankly, than Michelle Obama.

So, I mean, or whoever else they may put up because they have super delegates, they can put people up. How does this play politically do you think? Well, first of all, no one's going to be surprised that you can't take the politics out of Washington DC.

It's always going to be there. I think the reality is that the public should be outraged if this is the plan. If we find ourselves a couple of weeks or a couple of months that suddenly Joe Biden realizes that he can't continue or his advisors say that he can't continue. We've been saying this for quite a long time. Why did they wait until the primary season was over? That's the most concerning thing, the manipulation.

Yeah, and of course, because of their super delegates, they know at the end they could stick in whoever they want. We've got a lot of calls coming in, Rick, from our members. I think we need to take some while we've got you here and Andy here. Let's go to John who's calling on line two. Hi, John.

Hello, Jay. I like what your gentleman on the board just said, who is accountable, because this just didn't happen. We have known about this for a while. We need to go back and find out who is accountable and need to be pressing what has to happen because this is absolutely crazy what has occurred. I have a father who has dementia.

Let me tell you, for somebody that's supposed to be running a country and making these decisions that are so important for our security, it's absolutely unbelievable what has happened. For the hatred of one man, and that would be Trump, and to do this. Look, John, I know what you're going through because we've all had family. A lot of us have had family members that have suffered with dementia and it's a terrible thing. We don't wish that on anybody. I don't wish it on somebody I disagree with politically. I don't want Joe Biden to be sick mentally or have an incapacity. I think it's a sad thing, but it does raise the issue of the competency of the chief executive, Andy, to function and carry out the office of the President of the United States.

Well, that's exactly correct. And as Ambassador Grinnell pointed out, we have a war of attrition and a long lasting apparent consequence in the Ukraine. We've got Gaza. We've got an open, wide open border. We've got eggs costing a dollar apiece and a Big Mac meal costing $18.

We've got gas at $4 again. We've got serious problems in the United States. We need a President who is a President and who can function as an executive position in the United States.

And we don't have one, it doesn't seem, right now, Jay. Well, I just can imagine, Rick, because I remember when they were challenging President Trump's competency and mental acuity. And could you imagine if this report was released by special counsel and the subject of it was Donald Trump? Yeah, no.

I mean, we all know the hypocrisy here, the double standard. He's calling for his immediate resignation. Yeah.

Yeah, there would be. You know, I want to go back to something that John the caller said, because I think he represents what a lot of our listeners feel and what they're thinking. And there's no better organization than the ACLJ to follow through on this. You know, we can be outraged. We can talk about how terrible this is and we can have this news cycle.

There are very few organizations that follow up with freedom of information requests, with documents. And I think that's the frustration that I was hearing from John. And what I hear from others is like, we need to know, like, who's in charge? What happened when the Secretary of Defense went into the hospital? We need to push, because we certainly know, excuse me, that the reporters at the Pentagon and at the White House, they aren't, they aren't pushing.

So organizations like ACLJ have to be able to push and demand answers and do it through the courts. And we have a team to do that. Yep.

All right. We're taking your calls. 1-800-684-3110. Whitney's calling from Texas online. One Whitney, go ahead. You're on the air.

Thank you so much. I've got a quick comment and then a question. My comment is that given the content of this report, I don't see how we avoid a President Harris for the remainder of the term, which is slightly terrifying. And then my question is, do we know when this report was completed, was it released immediately or strategically? Well, I mean, I think it was both strategic in the sense it was the same day as the oral argument on the case to keep Trump off the ballot, which we're clearly going to win nine, I believe nine to zero.

We critiqued that case yesterday and reviewed it. Now, listen, if they were just trying to dump it, they would have dumped it tonight at five o'clock Super Bowl weekend. I tend to think that the Democrats want this out, Rick. Well, that was the the suspicion that I had, which was they would not have released this damaging report so fast if they didn't have a crowd of people within the Democrats thinking we need to go now if we're going to shove him off the stage, if we're going to take Joe Biden out and begin to have this.

But they still have a common problem. I don't buy that Michelle Obama is a serious candidate. I don't believe the Obamas want to report their earnings over the last couple of years.

And I and I don't think they want to risk the reputation of losing, especially to Donald Trump. So I don't believe Michelle is a serious candidate and I don't believe Gavin Newsom is a serious candidate. He doesn't work in Georgia or Wisconsin or Michigan, any of the swing states.

I mean, he barely works in California. So I would say that they're going to go for somebody like the Michigan governor, Gretchen Whitman, who is, you know, smart, attractive and all about abortion. Yeah, you may well be right. Rick, we appreciate your comments, appreciate your insight. Tasty, you can't make this stuff up.

I mean, it's just something else. Rick, we appreciate it. Hey, folks, as we go into a break, let me thank you again. We did a little three day mini match for the Supreme Court case and tens of thousands of you participated. We raised $320,983.

I can be more direct than that in three days, which is amazing. And we thank you. And that gets us a good start going into the year. We're also asking you if you're able to donate to the ACLJ and would consider making a monthly gift to become an ACLJ champion.

Let me tell you something about the champions. This is the core support that we know we get every month. This is how we determine our budgets for the year. There are also the individuals that help participate in the Matching Challenge campaign.

So you're a very unique part of the work of the ACLJ when you become an ACLJ champion. We started off the campaign with 15,736 in October. We now have 19,000.

Do we have a newer number, Will? 19,253 ACLJ champions right now. So we basically gained almost 4,000, 3,500 champions in three and a half months. My goal is by the end of the year, I get somewhere between 27,000 and 32,000. We're going to keep building that. So we're going to set a monthly goal. This monthly goal, end of the month, I would like to see us at 19,500. So if you can donate monthly to the ACLJ, I encourage you to go to forward slash champion and become a champion for life, liberty, and freedom.

If you already are a champion, make sure you're renewing so that it doesn't expire because it can automatically expire every year. That helps us a lot as well. Here's what we're going to do. Last segment, Andy and I are going to take your calls on all these topics or any topics. So phone lines are open for you at 1-800-684-3110.

So Terry and Elizabeth and Teresa, hang on the line. We're going to get to you. We've opened up the remaining phone lines, 800-684-3110. We're going to be back with more Sekulow in just a moment.

Hey, welcome back. We're taking your calls at 800-684-3110. Bob from our Office of Government Affairs just sent us this. This is the Democratic National Convention's rules. So filling a vacancy on the national ticket. In the event of the death, resignation, or disability of a nominee of the party for President or vice President after the adjournment of the national convention, the national chairperson of the Democratic National Committee shall confer with the Democratic leadership of the United States Congress and the Democratic Governors Association and shall report to the Democratic National Committee, which has also rise to fill the vacancies. So Andy, they have the capacity without the delegates to at any time, even after the convention, to put in the nominee. That's right.

Even after the convention has adjourned, the Democratic chairperson confers with the leadership of the Congress and the Democratic Governors, and they basically come up with who they're going to put in as the nominee. I think that's exactly right. All right, we're going to take your phone calls and the orders that you call, which means we start with Terry in New York first. Terry's calling, listens on radio.

Terry, you're on the air. Yeah, so, you know, it's pretty obvious to see that the plan has begun. The Democrats have had the special counsel word their information in a way to help them easily move Joe Biden off the scene and replace him. They didn't put them words in there because they're in his favor. They've been hiding him forever.

Now they pushed him right out in the street. They're doing it on purpose. Their plan has started.

No, I totally agree. When I saw this report, I said, watch what happens in the next weeks ahead. Listen, I think the Biden camp knows this. I think that's why they did the press conference yesterday. Reports are that the political operation is in damage control mode. I don't think he can survive this. That's my personal view on it.

We'll see soon enough. Elizabeth is calling online too. She's listening on YouTube. Hi, Elizabeth. Hi there.

I appreciate you all and everything you do. I just wanted to say the report was really damaging for Biden and the reporters. I think at the press conference were really hard on him with their questioning. And I think they're just, the media is getting more savvy about talking about his age, the voters concerns with it.

And now this report about his memory loss. And I just want to know what your take was. I was really confused about him, you know, getting upset and then walking away and coming back. And what's your take about him talking about Gaza?

Do you think it was defensiveness or I was? I think he is right now reeling. He is reeling. So when he says, you know, Israel's operating over the top and Gaza, I don't, I wouldn't take that.

I take that at face value at this point. I think Andy, I mean, he has gotten hit with an unbelievable, it would have been better for him politically for Robert Herr to say, this man willfully kept national security secrets. He knew it. He violated the law. The only reason I can't prosecute is he's a sitting President of the United States and none of this mental capacity being in there, but instead it's 400 pages of mental capacity.

Yeah. He could have gotten out of this by simply saying we don't indict sitting Presidents under DOJ regulations and let it go at that. But he engaged in a lot of dictum, additional language, which was very damaging to the President.

And then he went after, in two pages, he went after Trump, which wasn't even in his mandate. By the way, I don't like these special councils. Let's get rid of special councils. I've never liked it. I don't like it.

I still don't like it, whether it's a Republican in office or a Democrat. Theresa's calling. She's listening on the ACLJ app and she's an ACLJ champion. Theresa, come on. You're on the air. Yes, Jay.

Thank you for taking my call. I was just wondering what makes people think that things will be different if Michelle Obama was in that office and as a black woman, I would never, ever, ever, ever vote for Michelle Obama. That's my comment. Sure. So look, I think she is a chief, if you're a Democrat, you have to put her at the top of the list. Charismatic. The Obama administration was very popular with the Democratic base. She knows how to run a campaign.

She's a lawyer. She would be a top tier contender and she'd be difficult to beat. Let's be honest. I mean, I think it could be a very difficult challenge. I think the best challenge for the Republicans are Donald Trump against Joe Biden. I think that is the best for the Republicans, if that's the case. Or if it was even Nikki Haley, which I don't see the path forward, but against Joe Biden.

That's my point. I don't see that happening. I don't think that's the way this is going.

So it's not likely to happen. All right, Martin's calling from Oklahoma. He's on Line 6.

He watches on Rumble, which by the way, thousands of you are watching on Rumble and thousands of you are watching on YouTube today, which we appreciate it. So like it, share it. Martin, you're on the air.

Hey, Jay. Yes, sir. So what about if we invoke the 25th Amendment in Congress, would that open up like a launching pad for looking into investigating who's been propping up the President all this time? No.

The 25th Amendment is put in place when the President, usually the members of the cabinet, determined by a two-thirds vote and then ultimately by the House of Representatives that the President needs to be stepped aside. I do not believe that is going to happen. It would not result in any kind of investigatory issues. The interesting thing here is because Jack Hurst is special counsel, Andy, there's no FOIA on that because that's strictly a legal matter. His report is the report. The report is what Merrick Garland gets.

We would not be able to get a Freedom of Information Act report, information that will be on the report. He sends it to Merrick Garland. And that's something I want to say that Jay mentioned earlier because, and it's in Merrick Garland's court right now. Why don't you dismiss this case against Trump out of the Mar-a-Lago documents?

Considering what Biden said about the irresponsibility of Donald Trump, who's talking about what here? If you're the attorney general and you're intending to be fair and in your pursuit of justice as the attorney general of the United States, you've got an identical situation that you had in Mar-a-Lago in Delaware. Delaware even worse because your special counsel found that the President was acting willfully and Trump that was a completely different matter. But why continue this nonsensical case against Trump on document retention and illegal document holding in Mar-a-Lago? That case should be dismissed. So, you know, that's where we are.

On the other matter that we talked about yesterday, as I reviewed it, I do think we're going to win 9-0 in this case. It may be multiple reasons for that decision. In other words, the Supreme Court could say, six justices may say, the President's not an officer.

Two or three may say, hey, this is not a situation where they are itself executing. In other words, you got to have congressional action. And remember this, the 14th Amendment was put in place to restrain the Confederate states that were rejoining the unit, the rebel states. It was to constrain the states.

It wasn't to give more power to the state. So while I would have argued the case differently, the fact is, I'll put it up on the screen right now, our brief said it all. And we filed in this case a total of four briefs in these matters. I expect we get a decision from the Supreme Court before the end of the month, and I'm looking forward and optimistic that this will be a very positive decision and that will end that one. The immunity case, which is the next one up, Presidential immunity, I think the President's legal team has to argue it completely different than probably what they're planning, but I'll save that for... I talked a little bit about it on yesterday's broadcast. We'll save that commentary for next week.

I'm not arguing it, so it's not my problem, but for the country's sake, there needs to be another way to argue that case. Folks, again, thank you for supporting the work of the ACLJ. My goal for this month is to get to 19,500 champions, which means over the next three weeks or so, four weeks, three weeks, two and a half weeks, we need to add about 250 champions. Those are people that are donating every month. Whatever the amount is, you become a champion for life, liberty, and freedom. You give monthly. There's a QR code on the screen right now if you're watching this broadcast and thousands of you are. If you're listening, just go to forward slash champions and you become really the core backbone of our work at the ACLJ. We want you to report for duty. Have a good weekend.
Whisper: medium.en / 2024-02-09 14:16:42 / 2024-02-09 14:37:00 / 20

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