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LIVE UPDATE: Fani Willis Ruling and Trump Classified Docs Case Latest News

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
March 14, 2024 1:10 pm

LIVE UPDATE: Fani Willis Ruling and Trump Classified Docs Case Latest News

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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March 14, 2024 1:10 pm

Judge Scott McAfee is expected to rule this week in Fulton County District Attorney Fani Willis' disqualification hearing. Will she be removed from her Georgia election interference case against President Donald Trump? Also, Trump is at a Florida federal courthouse today regarding Special Counsel Jack Smith's indictment of the former President for mishandling classified documents at his Mar-a-Lago residence. Trump's legal team will ask the judge to dismiss the 40 counts based on the Presidential Records Act. The Sekulow team discusses the judge's possible ruling in DA Willis' disqualification hearing, Trump's classified documents case and the two-tiered system of justice with President Biden's similar case that was dropped, Trump's request for a delay in his New York criminal case, the latest news about the U.S. troops deployed to Gaza to build a floating pier, the House passing a bill that could ban TikTok, the southern border crisis – and much more. Rep. Claudia Tenney (NY-24) and former Rep. Tulsi Gabbard also join.

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This is Jay Sekulow. We've got breaking news. A major update as President Trump heads to court in Florida on the classified documents case and all eyes on Fulton County. 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, Jay Sekulow. It is a busy legal day here at the American Center for Law and Justice and for our radio and production and TV teams here at Sekulow because all eyes are, we're saying, are in Florida on one case and the other all eyes are on Fulton County in the other case.

Why? Because reports are coming out that the decision on whether Fawnee Willis will be recused and removed from the case is imminent. Imminent being you cannot even get on the Fulton County Superior Court website right now to track down an order. So let me tell you how we're going to handle this today because we just were talking about this.

All hands are staying on deck even when we're off the air because if it comes out we're going to go live on, we don't know which platforms yet but I'm assuming it will be on every platform to let you know exactly what happened. So that's pending. At the same time there is a motion to dismiss that is pending in South Florida on the documents case. And we're going to get into that one as well because on that one Andy, let's explain what the motion to dismiss is in federal court. Okay, under the federal rules of criminal procedure a defendant can file a motion to dismiss an indictment on the basis that it does not state a crime. And what President Trump's lawyers have done in the Southern District of Florida before Judge Cannon there in the West Palm Beach Division, although she sits in Fort Pierce up the coast, is they have filed a motion to dismiss the indictment based upon the Presidential Records Act and what they are simply saying is this. While he was President, the President had the right to determine whether records were personal or whether they were Presidential records and he designated them as personal records.

The National Archives has no right to control or seize them and no criminal proceeding can be brought. The motion argues that judicial review, that is review of a court by a court of President Trump's decision to designate materials as his personal records is barred, prevented. Alright, so we'll get into the particulars of what all this means, but last thing I need to ask. A motion to dismiss, we can do this quickly. If it's granted, is that it for now? It can be appealed. So it's an appealable order. Yes, because it's a final order.

It would stay everything, but the government can then appeal that to the Court of Appeals. Yeah, so we're going to get into the Harry Hutchinsons with us. We've got a full team here waiting for this. At the same time, Judge Eileen Cannon in her courtroom in Fort Pierce, Florida, a motion to dismiss is being argued as we speak. So there is just a lot happening at the ACLJ. I do want to tell you this also, one of the things you see with us is we are involved in so many of these cases, but also our broadcasting capabilities. We're able to do all of this because of you and your support of the ACLJ, so I just want to encourage you on that regard. Because, look, I mean, we're a nonprofit organization supported by people like you, and that makes a big difference.

And here we're going to tell you it makes a huge difference, as I've been saying. As I've been saying, folks, we're in the middle of our life and liberty drive. Any amount you give will be doubled, so just go to ACLJ.org. And it's only through your support that we can fight the two-tiered system of justice, defend the whistleblowers. Our next brief on that one, by the way, is due April 3rd. Prepare to defend the Constitution by filing a brief for the Supreme Court in the Trump immunity case.

That's due next week. Battle with 18 cases against the Biden deep state. Defend Israel. We're already filing the lawsuit tomorrow against the United Nations Relief Organization. And then we're looking at a major piece of litigation against their nonprofit organization.

So please support these battles with us now during our life and liberty drive. Any amount is doubled at ACLJ.org. And we've been saying this, folks, if you're able, please become an ACLJ champion. That means you donate monthly. We are close to hitting our 20,000 goal, and that is right now we are 216 short of our goal.

And I'll be able to give you some updates in the next days ahead and next week. But we really want to close the month out at 20,000 ACLJ champions. Those are people that stand with us for life, liberty and freedom each and every month. So go to ACLJ.org to have your gift double. We'll be back in a moment.

Welcome back to the broadcast, everyone. We've got two cases we're keeping a very close eye on right now. One of them is in Florida, and that is Judge Eileen Cannon's case. That involves the documents. It's a motion to dismiss. Andy was talking about it earlier.

We'll go through that again in a moment. And then the other case is the expectation that an order may be issued in moments imminently, is what they're saying, in the Fulton County motion to disqualify the DA and her office from the prosecution on the RICO charges that she's brought. Harry Hutchinson, our director of policy, is here. Two big cases, Harry, both of them with serious constitutional overtones.

Absolutely. So if we focus initially on the Florida case, President Trump argues that he issued affirmative designations with respect to certain records and documents and suggested that he had the authority to transport those documents to his Florida residents at his sole discretion. So one of the big issues, I think, at the end of the day, not to get too deeply into the weeds, is the concept of separation of powers. As President, as the executive, he arguably had sole discretion with respect to certain documents and he moved those documents and essentially he asked that his staff move those documents and the documents were moved in an open and obvious non-syraptitious way. And so I think the President may indeed be on sound constitutional grounds. Also, it's important to keep in mind that the Presidential Records Act, its recovery mechanism is arguably exclusively civil in nature. And so one of the things that President Trump has done in bringing this motion is to argue that we have precedent with respect to President Clinton.

And President Clinton made this argument successfully, apparently, many decades ago. All right, so let's go back to this motion to dismiss on the Adling and Kannan case. So Fannie Willis, Fannie Willis, we're waiting for that order to come down. It's going to be definitive. That's appealable too, but Andy, again, I want to restate, motion to dismiss for our audience.

It's the first substantive significant motion filed in a case generally. Yeah, what you do if your defense counsel read the indictment and you see if there's anything that you can dismiss the indictment for and what they've done in this case is they've gone to Rule 12 of the Federal Rules of Criminal Procedure and they basically are saying, you haven't pled a crime. There's no crime here. Even if you assume that everything that you say in the indictment is true, still the government has not pled a crime.

Why? Because as Professor Hutchison said, the President designated the documents as personal and the National Archives has no right to control or seize them and no criminal proceeding can be brought. The motion, and I've read it, argues that judicial review, review by a court of the President's decision to designate them, is barred. Can't do it based on separation of powers and courts don't have any authority to review even whether that classification decision was made properly or not. That's up to the President.

And if you want your records back, the way you get them is going in court and you file a civil action for recovery of the materials, but it certainly isn't criminal. Of course, the two-tier system of justice here is incredible. You've got Joe Biden.

Can we play that bite? Okay, this came up in the testimony with Robert Herr, the special counsel. Listen to what Joe Biden's document situation was. Mr. Herr, classified documents were found at the Penn Biden Center?

That's correct. They were found in President Biden's garage? In Wilmington, Delaware, yes. And in his basement den? Also in the same home, yes. In his main floor office? Correct.

And his third floor den? Correct. At the University of Delaware? Correct. And at the Biden Institute?

Correct. But no criminal charges. Now, you can't indict a sitting President, but he said he wouldn't have done it even if that wasn't the position of the Department of Justice. Harry, we call this the two-tier system of justice, but let's explain what that means to our audience. Essentially, with a two-tiered form of justice, we basically designate criminal charges on the basis of political preferences. So with respect to Donald Trump, many of his opponents essentially see him as a threat to democracy. And so they are basically trying to deploy any means necessary to prevent him from running for office. And so we should ignore, in many cases, the so-called underlying criminal issue.

What's the purpose? The purpose is to prevent Donald Trump from running successfully for President in 2024. Meanwhile, the individuals that claim that Donald Trump is a threat to democracy, they are quite willing to excuse the behavior of Mr. Biden and perhaps the behavior of his son. And it's also important to keep in mind what a precedent has shown. We did not charge Bill Clinton criminally with respect to misusing classified documents. And we did not charge many of Clinton's officials, the individuals that served in his administration, with criminal charges. I think it's a mistake to charge anyone, whether it's Biden or Donald Trump, for these charges.

Let's get our position out here. I think both of these cases, the case against Joe Biden, although distinguishable because he was not the President, he was the vice President, and the vice President does not have the authority to declassify documents. A President has the authority to do it on his own initiative. That's because of his article to power as commander in chief.

He could just do it. That's his right and ability. But in either case, I think this would have been a big mistake bringing criminal cases.

Nevertheless, Andy, here we are. We are here with a criminal case against President Trump, which should not be. And you have a declination of a criminal case against President Biden, which is as it should be. And the reason is not only because he's the President, but because a seasoned prosecutor, former United States attorney for the District of Maryland, said this is not a case in which I can prove beyond a reasonable doubt that the President had the intent knowingly and willfully to violate the law. But the reality is Biden had documents all over the place. Yeah, interesting that that's the case.

I mean, that's why I played that bite with the multiple locations. But we've got Wes calling from Tennessee online one. Wes, go ahead.

You're listening on Twitter. You're on the air. Hey.

Yeah. Two quick questions. Two quick separate questions. One about two separate cases, really three. The first one is while I think everyone agrees that the case of the classified documents case is bogus down in Florida. If you're Team Trump and your ultimate goal is postponing this D.C. trial till after the election, does it not benefit Trump more tactically if Judge Cannon does not dismiss this case yet just to play with the calendar? No, because if he dismissed it, if they dismiss the case, OK, so I want to be clear on this. If the case is dismissed, it can be appealed, but there would be no way there'd be a trial with the appeal process of the 11th Circuit Court of Appeals before that period of time.

What was the other thing you wanted to say? I've heard some lawyers speculating, particularly some lawyers in Atlanta, about Judge McPhee's ruling yesterday dismissing six counts at the Atlanta indictment. And if you read any tea leaves from that on how he's going to rule on disqualification. No, it's really hard to read tea leaves, especially when they're saying the order is imminent.

So nobody wants to go on record. I think we're going to get an order today or maybe tomorrow, but all indications are it seems to be that it may be coming today. So great questions. We appreciate it. We appreciate your phone calls at 800-684-3110. Coming up in the next segment, Congresswoman Claudia Tenney is going to be joining us.

She's got legislation to recognize what is called the West Bank, its actual biblical name and its legal name, which is Judea and Samaria. So that is coming up as well. Let me talk to you for a minute, folks, here.

We are in the middle of our life and liberty drive, and I want to go to one thing first. We normally do this at the end of the discussion about this, but we are really getting close to 20,000 champions at the ACLJ. We started our campaign in October, you remember, and I think it was just under 15,000. And right now we are literally just under 20,000. We've added almost 5,000 members. In fact, we need about 216 ACLJ members to give monthly to reach our goal of 20,000. So we want you to be a champion for life, liberty, and freedom.

You also know that any amount you donate during this time, even if it's a one-time gift, is doubled. So we encourage you to do that at ACLJ.org. We've been talking about the two-tiered system of justice with the whistleblowers we're defending. Major brief due in that case, April 3rd. We are filing next week at the Supreme Court our brief in the Trump immunity case. We are battling in federal court 18 cases against the Biden deep state. And we're defending Israel by going after UNRRA, the UN Relief Organization, FOIA lawsuit being filed tomorrow. And there may be additional cases being filed as well.

So please support these battles with us now during our life and liberty drive. Any amount is doubled at ACLJ.org. There's a QR code.

You can just scan that as well. And if you're able, please become an ACLJ champion. As I said, we're very close. I mean, we are striking distance close of getting to 20,000. And I believe we can get there at the end of the month with your support of the American Center for Law and Justice. And for those of you that can give any amount monthly.

And not everybody can, and we certainly understand that. And if you can give a one-time gift again, this is a great time to do it. Because we are seeing those gifts doubled in our ACLJ life and liberty drive. Let me also, phone lines are starting to jam up.

1-800-684-3110. We're going to be talking about these cases. We are, our team, we have right now about six or seven people in our production studio right here.

In addition to the folks, me, Harry, and of course, Andy, on the air. So, stay tuned on this. We'll be right back.

Hey, welcome back. We're taking your calls at 1-800-684-3110. Let me tell you this.

I want to talk about this Fawnee Willis situation for a moment. That's the big, that would be the biggest order to come down. Motion to dismiss, of course, being granted would be huge too. But you're not going to get that today. But either today or tomorrow, we're going to get the order and the motion to disqualify any in Georgia.

Because you practice in Georgia, as I did. If that motion is granted, to have her removed, what is the impact then on the case? Everything's held, right? Well, I think what happens, if she is removed from the case, then there will have to be another prosecutor appointed to determine whether or not to proceed with the case. And that new prosecutor, whoever that might be, could be a DA who is already a DA in Georgia and is appointed, DA Pro Tem. It could be a special prosecutor. But at that point, that prosecutor has to make a decision, and that decision is whether to pursue this case. That's why I want people to hear from Andy on this. This is really important, folks. A new DA coming in is not obligated to bring these charges forward, right, Andy?

That's right. A new district attorney can look at it afresh and say, hopefully, that these are political prosecutions, that these are not based on merit. That these are based on telephone conversations that can in no way be considered to be an obstruction of justice or an attempt to rig the election in Georgia. And that because of that, I'm going to move to dismiss the case, and that's the end of that.

This would also mean that those who have already pled in the case, if I were their lawyers, I'd be running to move those pleas to be vacated and withdrawn so that there's no criminal record on them. All right, Congresswoman Tenney is going to be joining us in a moment. Let's go ahead to the phones. We're already getting calls on the Israel issue, and we're going to discuss her act to name what's called the West Bank, its actual name, which is Judea and Samaria.

It's the biblical name, and it's also the legal name. Michael's calling on line two. Michael, welcome to the broadcast. You're on the air. Yes.

Jay, I've just been on my 24 app. Chuck Schumer, he's calling for new elections in Israel. And according to the article here, it says he gave a speech today urging the Israeli government to hold new elections and made concerns over Prime Minister Benjamin Netanyahu's leadership during the ongoing conflict.

And he says it's becoming a pariah under Netanyahu's right wing cabinet. Chuck Schumer can't do that. He can't interfere, can he? No, Andy, I mean, it is really inappropriate for a member of the United States Senate to call for a sovereign nation, government, to have elections as if he would be the one in charge.

Andy, especially in a situation like this. You know, you think you've heard all from Chuck Schumer when he is blasting Justice Gorsuch in Kavanaugh on the steps of the Supreme Court saying we're going to come out and get you, you better watch out, you've unleashed the world. Now he's interfering in the internal politics of a sovereign state, of a sovereign nation, and telling them that they should get rid of their existing government and get someone else. What right do you have to make a remark like that to a sovereign nation, especially someone who's a Democratic leader in the Senate who holds that position, a position of great responsibility, purporting to interfere in the internal affairs of a foreign country?

Absolutely unacceptable conduct. Interesting comment from Ambassador Herzog, Michael Herzog, who I've met and worked with. Israel is a sovereign democracy, it's unhelpful, all the more so as Israel is at war against the genocidal terror organization Hamas, to comment on the domestic political scene of a Democratic ally. It's counterproductive to our common goals. The idea that the federal government threw, now a member of the United States Senate, would be implicating Israel's elections, frankly is absurd, it's outrageous, it should not be allowed to happen. And the fact that it is, and that Schumer gets away with it, although I will say Mitch McConnell came out very strongly and said no, is really wrong. And it's interfering with the government at that point. It is interfering with the government. What right does a Senate, a United States Senator, have to tell the Israelis or the French or the Greeks or whoever it is who they should elect to their parliament or who they should elect to being the prime minister? And it is counterproductive, our common goals. Our common goals, I hope, is to fight terrorism wherever it exists. Let the government of Israel make their own internal decisions.

Let the people of Israel, like any other sovereign nation, choose their own government. Yeah, we're going to get some more phone calls up at 1-800-684-3110. That's 800-684-3110. We're also waiting, we're talking about the Israel situation, we're also waiting for an order from Judge McAfee in the Fannie Willis disqualification issue. So that's one we're waiting for.

And then there's a hearing going on right now and a motion to dismiss on the documents case in front of Judge Cannon. Let's go to Ben, who's calling in Washington State on Line 1. He's watching on YouTube, as are many thousands of you right now. And if you're new to us, we encourage you to subscribe, hit the like button as well, as many, many are watching and share it with your friends also. Ben, go ahead. Hey, thank you, Jay. Listen, thank you for all you do. Real quick, I've got a lot of concerns.

Israel should have its original name. The President shouldn't be tried for this, you know, documents. But there's a lot of people leaving the Congress, okay? This is not good.

We're getting dwindling down. Blonde Boebert was going to go to that fourth seat. Now with the special election, she's not going to be able to run in both. She's going to be out.

And I'm like, this is not good. How many other people are going to leave? Well, it can't be more than one or two or the Republicans will no longer have the majority.

It's a barely majority now. There's four vacancies. Will has the count on this. What's the count right now, Will, our producer?

We have 218 Republicans to 213 Democrats with four vacancies currently. I mean, this is you're talking about razor thin. I mean, it's beyond razor thin. And folks, this is where it's not helpful. But look, Republicans are really good at self-destruction.

I mean, I hate to say it. And going after their own. Democrats never, you know, they got rid of George Santos. Meanwhile, Senator Menendez is still the senator from New Jersey. He's been indicted now twice with a super city indictment. Do you think Democrats are kicking him out of the United States Senate?

No. Why? Because it's too close. Republicans don't quite get that. So, I mean, this is the political realities of what you're dealing with right now.

And I think we have to be cognizant of that fact. Play politics. It's a hardball sport.

It's a full contact sport. You got to play by the rules, but play the rules. That's like, you know, they're talking about early voting and ballot harvesting is now legal in a lot of states. And Republicans need to be early voting and ballot harvesting.

Andy? Early voting and ballot harvesting is now prohibited. I'm glad to say in Georgia, should be prohibited in many states. I don't think that early voting is a wrong thing.

I think it's a good thing as long as you have controls on it. I'm talking about mail-in ballots and ballot harvesting, which is prevalent in many parts of the country. These create the possibility, permanent possibility, of election fraud and election interference.

This is not the thing to do. We need to preserve the integrity of elections and we need to make sure that the ballot counts and the ballot is sacrosanct and protected. That's why I think that what the Georgia legislature did is going to prevent what happened last time in Georgia. My opinion.

No question. Look, these rulings are coming out imminently. Everybody's saying, what's your guess on Fulton County? My guess is wait 24 hours or less. Like, could be two hours, could be 15 minutes, and we're going to find out. So again, folks, we're working on it. We're keeping our eye on it. We're going to make sure we get you that information. If it comes out later in the day, we're going to go live on our platforms so that we can get you that information as soon as it is available. So stay tuned for that. As I've been saying, folks, we're in the middle of our life and liberty drive.

Any amount you give will be doubled. So just go to ACLJ.org and it's only through your support that we can fight the two-tiered system of justice, defend the whistleblowers. Our next brief on that one, by the way, is due April 3rd. Prepare to defend the Constitution by filing a brief of the Supreme Court in the Trump immunity case.

That's due next week. Battle with 18 cases against the Biden deep state. Defend Israel. We're already filing the lawsuit tomorrow against the United Nations Relief Organization. And then we're looking at a major piece of litigation against their nonprofit organization. So please support these battles with us now during our life and liberty drive. Any amount is doubled at ACLJ.org. And we've been saying this, folks, if you're able, please become an ACLJ champion.

That means you donate monthly. We are close to hitting our 20,000 goal. And that is, right now, we are 216 short of our goal.

And I'll be able to give you some updates in the next days ahead and next week. But we really want to close the month out at 20,000 ACLJ champions. Those are people that stand with us for life, liberty and freedom each and every month. So go to ACLJ.org to have your gift double. We'll be back in a moment. Keeping you informed and engaged now more than ever. This is secular. And now your host, Jay Sekulow. Busy first half hour of the broadcast as we were talking about what's going on in Florida and in Fulton County on the cases. But right now we're joined by Congresswoman Claudia Tenney from New York, who has a bill out which will give the rightful name of what's called the West Bank, which is not correct, of Judea and Samaria, which is not only the biblical names, but that is actually the legal names of the Israeli territory that is sovereign to the Israel nation. Despite Chuck Schumer trying to now engage in internal Israeli politics. Congresswoman, thanks for being with us. Tell us a little bit about the bill.

Yes. Well, thank you so much. And I just wanted, it's something that I've been very passionate about ever since I actually visited Judea and was able to be there in 2019 on one of the so called settlements, which was a beautiful retreat in the making. I was there with former Governor Mike Huckabee and a number of wonderful people all trying to take in some Christian devotion mixed with some Judaism. It was a really beautiful, beautiful time.

And I realized exactly what was going on there. This is the homeland of the Jewish people. It's Judea for a reason. And the attempts to make the name, to subvert the name as if it's all part of the subversive movement against the Jewish people and their homeland, which has all been proven historically. The last year, I was contemplating how we can make this part of the dialogue and why it should be and why we shouldn't back away and take on the left wing and the left wing's change of our language. So I came out with a bill.

It's calling Judea and Samaria by their rightful name and to be referred by as Judea and Samaria by anything that the U.S. puts out in terms of official documents, referring to country of origin, labeling, any of those things. And, you know, we actually drafted this bill and completed it last summer. We're getting ready to put it out. And unfortunately, October 7th happened. And now I think it's even more important that we get that out there so people understand the truth, because this is all a quest for the truth. And I think if everyone knows the truth, I think you're going to have a lot better outcome with the tragedy that's happening in Israel right now. Such an important ally for us in the Middle East. You're absolutely correct.

You know, it's interesting. We represent some of those communities that you visited in Judea and Samaria as well, and we represent a lot of them domestically here in the United States. They've been subject to lawsuits.

We've defended them in federal court. And interesting also, and I know you're at the retreat, but Chuck Schumer today, congressman, just said that Israel needs to call for snap elections now to get rid of Netanyahu. So you've got the majority leader of the United States Senate calling for elections in a sovereign nation.

Yeah, unfortunately, this is more of the Obama administration coming through again with their policies, imposing it on and making it even harder. The most important thing is Israel needs to win this war. They need to eliminate Hamas and the U.S. has to be behind them 100 percent of the way.

There's just there's just no middle ground here. This is a this is a do or die situation where Israel and we must support them. I appreciate you taking time to be with us.

Appreciate your insight. And we certainly are supporting your bill. Thanks for being with us, Congressman. We really appreciate it. Folks, the fight for Israel is something that we're engaged in here at the ACLJ every single day.

I was on a call this morning with one of our other senior lawyers. We're getting we're preparing. We're drafting it. Still a major lawsuit against the United Nations Relief Organization's 501 C3.

That is in the works. We filing tomorrow a case against the U.N. relief agency through a FOIA lawsuit against finding out what kind of funding has been going on from our State Department or other government agencies. All of this legal work and this broadcast come to you because of your support of the American Center for Law and Justice. And we're in our life and liberty drive, which means any donations you make are doubled.

We've got the whistleblower brief due in just days. If you can donate monthly to the ACLJ, you become an ACLJ champion, a champion for life, liberty and freedom. And we are, last count, 213 shy of our goal of 20,000 members of our ACLJ Champions Program. We started this campaign in October with 5,000, 15,000 rather. We've added almost 5,000. I really want to close this month out with 20,000. If you can help us on that, go over to ACLJ.org slash champions.

And if you can give a one time gift, that's great, too. ACLJ.org and your gift will be doubled. Tulsi Gabbard coming up.

We've got a lot more to talk about. Stay tuned. We'll take your calls as well. 1-800-684-3110. That's 800-684-3110.

Hey, welcome back to the broadcast, everyone. And we're taking your calls at 800-684-3110. We're joined by our colleague Tulsi Gabbard. And Tulsi, I want to start, we've been talking about a lot of the domestic stuff that's going on in the Trump litigation. We've done enough of that for now.

We'll do that again in the last segment. I want to talk to you about what's going on internationally. Like you, I'm very concerned about U.S. engagements in any military operation. Sometimes it's inevitable. You serve in the military. We know that.

I mean, sometimes it's inevitable. However, building a bridge, or a floating pier, I guess, is the actual title, in Gaza, which is going to require the Army Corps of Engineers, which is the Army, to have over 1,000 U.S. troops, and they initially said 2,000 U.S. troops, building this pier, this floating pier. And then the President says, but don't worry, we're not going to have any U.S. troops boots on the ground. But the boots on the ground are building the pier.

It's going to have to be connected to the land. I mean, this is, to me, it's fraught with disaster of getting the U.S. dragged into something. The Israelis are in a very odd situation because the United States has asked Israel to defend the security of the building project.

In other words, the Israeli military is going to be protecting the U.S. military from an attack by Hamas, which is an Iran proxy. So, anyways, a lot of things to say in order – I want to get your view on this because we haven't had a chance to talk since this all has developed. What's your sense of this? Jay, just to put it mildly, I share your grave concern about the risk that our troops are going to be put under. You know, when the DOD spokesperson, a general in the Air Force, talked about this, his words reinforced that concern. When he said, and I'm paraphrasing here, but he said if Hamas truly cares about the Palestinian people, one would hope that they would support and allow this effort to move forward.

So, first of all, we all know the saying that if your plan or strategy is hope, then you're doomed. Second of all, to have a military officer, a general officer in the United States Air Force, stand there and speak on behalf of the Pentagon saying if Hamas really cared about the Palestinian people. That phrase alone shows either just incredible naivete or they're parroting some line to try to cover up the truth, which is that if you pay attention to Hamas, you read their charter, you look at their goals and objectives, they don't care about the Palestinian people. This is an Islamist terrorist organization that celebrates death. Their ideology, just like ISIS, just like Al Qaeda, just like Hezbollah, Al Shabaab, you go down the list of these Islamist terrorist groups, they celebrate martyrdom.

Their whole ideology is based on celebrating death in the course of their mission to exterminate the world of not only Jewish people, but of infidels, so-called non-believers. So for, again, a military officer from the United States to say that one would hope that if Hamas cares about the Palestinian people, if they cared about the Palestinian people, they would have actually done their part to come up with some kind of peace deal. They would have turned over the hostages back to Israel, including American citizens, for the well-being of the Palestinian people. Instead, they're using the Palestinian people, their lives, their well-being, their health, in order to advance their insidious, evil objective that I just stated. So I'm very concerned that our leadership in the Biden-Harris administration and the Pentagon are needlessly putting our men and women's lives at risk, my brothers and sisters in uniform, without a very well-thought-out plan, what to speak of the inherent risk of operating there. If they think Hamas is going to be like, oh, we see you're doing a good thing, we're not going to cause any problems for you, we have very, very, very serious problems. So, Tulsi, what happens if this—and this is because it's so—I mean, we have an office in Jerusalem. We do a lot of work there.

I mean, I'm representing Israel's interests at the International Criminal Court in The Hague. I mean, we've been down this before. This is not our first time on this. But what happens?

I mean, this is a horrible thing to even have to speculate. But let's say, like you said, work is going on in this pier, and I get the Army Corps of Engineers are very talented men and women, so they could build a pier, I'm sure. But the Houthis, maybe it's not Hamas, maybe it's the Houthis, because they seem to like the maritime. They like the admiralty. They like the water.

They use the sea. Attack the United States troops and, you know, troops are killed. What do we do as the United States?

Say, oh, that's terrible? This is—I mean, I can say what I think this administration would do, which is probably not much, if anything. But this is exactly the concern that the leaders of this country and the Biden-Harris administration are painting themselves and us and our men and women in uniform into a corner, setting us up for failure and potentially death and serious injury. You mentioned it could be Hezbollah.

You mentioned it could be the Houthis, but it could be Hezbollah as well. These people all have some kind of air warfare projectiles of different sorts, and they would have no qualms using it to attack an offshore military ship or boat. And when you look at the plan, again, this is one of the things that bothers me so much about this administration across all issues is how blatantly they lie to the American people. So they're saying, oh, don't worry, we'll have no American boots on the ground. But as you said, we'll have men and women in uniform on a ship. They'll be working to build this floating pier, which they're saying big ships can go to the pier, the floating pier, offload aid, load it up on smaller military boats, ours, I'm assuming, and those military boats will then shuttle the aid to shore. So, OK, so they might not put their boot in the sand on shore, but they will be on shore there delivering that aid. What are you going to do? Who's going to provide the security for this aid as it lands?

How will they ensure that it gets into the right hands? What do you do in the case of absolute chaos and a mob of people who are hungry and who we have compassion for and who are starving and trying to get food for their kids and family? What are you going to do when the proverbial stuff hits the fan and there's a serious security situation? You know, you think of situations like Black Hawk Down, for example, in Somalia, and you can see how very quickly one unforeseen incident that should have planned for when things go wrong, anything's possible. And then we could end up with a serious not only loss of life, but but layered on another geopolitical disaster and yet another war that these people don't seem to be planning for these contingencies, which should be concerning to everybody.

I don't understand for the life of me, and I really don't, the idea of this. Look, this is a powder keg, as we know, the whole region has been for my lifetime. I mean, I remember the sixty seven war. I remember the Yom Kippur War. I remember, of course, the intifadas.

And now, of course, this horrific situation that we've seen. Israel is in a very tough spot. They're doing, you know, I think the military in Israel, which is, as you know, a totally volunteer military and totally based on reserves. I mean, the standing army is not large. I mean, there's about three hundred fifty thousand activated, which is is running havoc to the Israeli economy. I mean, it's it's it's a people don't understand the nature and scope of a country the size of Rhode Island that's being attacked like this or was attacked like this.

And then you mentioned Hezbollah, who's got a much more sophisticated weaponry and they've got guided missiles that they could reach Jerusalem and Tel Aviv. I'm just afraid that this can spiral out of control. And then you've got Chuck Schumer calling for the elections at the same time, interfering with domestic policies of an ally. I just think this whole thing is so dangerous. A powder keg. It is, Jay.

It is a powder keg for all the reasons that you stated. And they don't appear to have thought this whole thing through. You know, you can look at the potential consequences that that we'd face with our troops in Syria, for example, currently in Syria.

We should all be asking questions. Why do we have troops in some of these places where they are sitting ducks and vulnerable targets for the Iranian backed terrorist groups? We've already seen what's happened there. We've seen what happened, how the administration has responded to that. Just again, releasing what was it, another 10 billion dollars back into Iran. So so how will they react to things going in the worst possible direction in this scenario? Well, we can know that by their actions, first of all. Second of all, you know, when you look at what's actually happening in the reports that are coming from those on the ground, both in Gaza and in Israel, Israel is saying that they are inspecting and allowing more vans and trucks of aid to go through the border than there are that exist.

There's not some big backup there. So, again, the question remains is the issue that that aid is being blocked from going in or is there just not enough aid coming through? They've said, well, there's not enough drivers in Gaza to receive the aid and get it to where it needs to go. So, again, I mean, there's so many different questions here. I think the world wants to help the Palestinian civilians make sure that they are cared for.

Unfortunately, it is Hamas that is oppressing and harming them and they're caught in the middle of this. We have to be very serious about what our actions are, what the consequences are, both intended and unintended, and ensure that we are serving America's best national security interests. Appreciate it very much. I'm glad you're part of our team, Tulsi. Great insight, great analysis. Thanks for being with us on this very important big day, news day.

Thank you so much. Folks, you know, people like Tulsi Gabbard, Mike Pompeo, Rick Grenell, part of the team here at the ACLJ because of your support of the American Center for Law and Justice. And we couldn't do it without you. You just heard from Tulsi on the international scene. She was a member of Congress for many years, also serves in the military right now. So you get great insights. We're in our ACLJ Life and Liberty Drive, which means your donations are doubled at ACLJ.org slash Life and Liberty. We encourage you to go there. Also, we were just talking about Israel. We have an office in Jerusalem. That is, Jeff Balbon, who's on this program, often runs that office for us. A lot of activity going on there. We also engage in the law of armed conflict out of that office.

So there's a lot happening as well. So your support of the ACLJ, absolutely critical. And those of you who can give monthly, by the way, we've gone from 216 short of our goal of 20,000 to 205.

So if you go to ACLJ.org and can donate monthly, become an ACLJ champion, we really appreciate that. Back with your last phone calls in this last segment coming right up. That starts with these words, the FBI will crush you. This government will crush you and your family. That is coming from Agent O'Boyle, an FBI agent testifying on Capitol Hill.

I want to play his sound from his testimony. But the FBI will crush you. This government will crush you and your family if you try to expose the truth about things that they are doing that are wrong.

And we are all examples of that. That doesn't send shivers down your spine. I don't know what does. That's an FBI agent. We represent another FBI analyst, Mark Zallin, who was the FBI employee of the year for the Charlotte office, who also was a whistleblower. Same treatment.

We have a brief due in Agent O'Boyle's case on April 3rd. Now, we beat back an early motion to dismiss from the government. And any beating back a motion to dismiss allows us then to proceed to at least the next level, which is now before the three-judge panel, where we'll be arguing basically the points on why, again, it shouldn't be dismissed. Because that's, it's a little bit of a different proceeding when you've got the, going through the merit review board and all of that. Yes.

A motion to dismiss that you were able to successfully defeat, you move on to the next level, the appellate court, and make your argument there. But we are proceeding there diligently. Yeah, we really are working hard on it, folks. And your support of the ACLJ makes all of that happen. So, again, if you can, join the ACLJ today. Any amount you donate, your gift will be doubled.

And if you can donate monthly and become an ACLJ champion, really helps us. I said we'd go to the phones. We're going to do that at 1-800-684-3110. Mary Ann is calling from New York on Line 2. Mary Ann, welcome to the broadcaster on the air.

Hi, thank you for attending my call. I was, don't ask me why, but I was watching the SCOTUS, the case about the Colorado ballot. And I watched it again.

And there was parts in there, if you could talk about it. And it seems like it's really going to help with the immunity case that President Trump has. Interesting, you brought that up, because in the ballot access case, the focus was on do the states have the authority under the 14th Amendment to remove a Presidential candidate from the ballot? And nine justices of the Supreme Court adopted our position was, no, they do not have that authority.

Now, it's interesting. We were part of that case because the Colorado GOP intervened. We also brought up a separate cert petition just for the Colorado GOP. And the other case that we won, the 9-0, they joined our case with Trump's.

We also have the separate case. That is in conference tomorrow. I expect a summary reversal. At least that's what I'm looking for.

You'll probably know that Friday or Monday. As it affects the immunity case, very different case. The immunity issue is, is a President immune for official acts, this is how I would phrase it, taken in office from criminal prosecution after he leaves office? That's how it needs to be framed.

It's narrow. It's official acts while he was President and the immunity extending past his presidency. That is the position we're advocating, Andy, at the U.S. Supreme Court.

That's right. What we are saying is that after a President leaves office, after his term or her term ends, that President should be immune for official acts taken during the course of that person's presidency. An official acts is something that's going to have to be ultimately defined if it was not an official act as President, then they're not immune from liability.

But if those acts were done in the capacity of President in the presidency, in the official exercise of the duties of the presidency, then those acts, Republican or Democrat President, doesn't matter, should be immune from any kind of action. Absolutely. Let's go ahead to Mike who's calling from Indiana on Line 3. He's listening on or watching on YouTube, which, by the way, thousands, thousands, thousands. I mean, it's like four or five thousand of you are watching right now. That'll probably be 150,000 by 24 hours from now.

Many thousands will be watching on Rumble as well and even on Facebook. Mike, go ahead. You're on the air.

Yeah. Hey, Jay, as a fellow guitarist, I just wanted to tell you I love your band. It's interesting you said that because Mike, Mark Lee Townsend, who runs the Music Force, just texted me and said, hey, could you let's rehearse a couple of tunes on guitar this afternoon. So we're going to be waiting for the Fawnee Willis decision. I said, oh, I may have a little time to kill, maybe learning a tune or two for our upcoming concert would be a good idea. But go ahead, Mike.

Yeah. Hey, so President Biden, he is bound and determined to be a wartime President. A year ago, we were talking about we were on the brink of World War Three in Ukraine.

Well, Putin didn't fall for it. OK. Now he is pushing in Gaza and he's bound and determined to start World War Three with Iran. Let the Palestinian people rise up and let them overtake Hamas.

OK. The truth is they're incapable of doing it. Hamas is locked in. The only way Hamas goes, Andy, is if Israel finishes the job because of the war that Hamas started. We have to let the Israelis finish.

They have to be eliminated. That's right. There is one and only one way to do it.

I learned it at Oxford. Kill them. Yeah. That's the only way. I'm quoting a professor who said that, an Iranian professor who said that. And that's the only way.

We need to stop interfering with Israel's right to defend itself by eliminating Hamas. All right. Raul is calling from Alabama on Line One, watching on Facebook.

Raul, go ahead. You're on the air. All right.

Thank you for taking my call, Jay. Well, I just have a quick comment in regards to us sending and building this flotilla to provide humanitarian aid to Gaza. My whole take on this is like, did we not learn anything from the Second World War and the evacuation at Dunkirk? I mean, the Nazi Germany at that point was bombing everybody that was coming through, whether they were military, medical or even civilian boats trying to rescue people. Even the merchant Marines were being bombed. And, look, the Houthis are not going to say, oh, it's the United States. We're not going to try to attack Andy. I mean, we know these are all proxies of Iran.

They're taking their orders from Tehran. I don't understand what the naivete is and what the caller says I agree with. Nobody reads history today.

You don't read the history of the Second World War. You're building pontoons, flotillas, whatever you want to call them, piers off the shore. You're going to have a ship-to-shore method of transporting the goods to the people. That's a wonderful idea in a perfect utopian world. Guess what?

We don't live in that world. You are setting up those people who are on those pontoons, our American soldiers and personnel, for being attacked. No doubt about it. And that's the – and, look, folks, you know, it goes kind of – this shows you, today's broadcast shows you the scope and nature of the work of the American Center for Law and Justice.

Now, let me say this. I'm looking at Will while I'm saying it, our producer, if the Fawnee Willis order comes out on the disqualification issue from Judge McAfee, we're going to go live and we will also, of course, get it up on all of our platforms. So you'll have the information. I'm sure we'll get an email out as well if that happens today. Now, the reports were that an order has been entered.

Nothing has been released. Will, you're still trying to get on the – go ahead. Can't get on the site? Still can't get on the site at Fulton County.

Can't get on the Fulton County site. So the expectation is it's imminent. Imminent could be 10 minutes, it could be 10 hours, it could be – I don't think it'll be later than tomorrow.

So, anyway, so we're monitoring that and working on that and we'll keep you posted on the developments there. Motion to dismiss is being argued in Florida on the other Trump case. I don't expect a bench ruling on that.

That would be very unusual. There will be an opinion and an order. If you're new to this broadcast and if you are on Facebook or Rumble or YouTube, let me encourage you to subscribe. It's a great way to stay engaged. We've got a lot of content up there for you to view and we encourage you to do a 10 million views in the last 28 days on YouTube alone from two and a half million unique individuals, a million of which are new to the ACLJ. And your support of the ACLJ during our matching challenge here, our Life and Liberty Drive, where your gift is doubled, is absolutely critical. Go to ACLJ.org and any amount you donate will be doubled. If you can support us monthly and we are almost about 200 away from reaching our goal of 20,000 for this month, folks, that would be since we started this campaign in October, we would hit 20,000 new ACLJ champions. Just go to ACLJ.org slash champions and you can donate there. Again, if you can do a one-time gift, that's great too at ACLJ.org. If the information comes out today from the court, we will be going live.
Whisper: medium.en / 2024-03-14 14:20:32 / 2024-03-14 14:41:38 / 21

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