The Anti-Uniparty Avengers? The MAGA Justice League?

Hey, everybody. It's time for The Charlie Kirk Show. Will Scharf joins us about presidential immunity and whether or not Donald Trump can get through another indictment. That's right.

He's been indicted again. You guys can support us. Members.CharlieKirk.com.

And then Tulsi Gabbard joins the show. Email us as always. FreedomAtCharlieKirk.com. That is FreedomAtCharlieKirk.com. Get involved with Turning Point USA at TPUSA.com. That is TPUSA.com.

Start a high school or college chapter today at TPUSA.com. Buckle up, everybody. Here we go. Charlie, what you've done is incredible here. Maybe Charlie Kirk is on the college campus. I want you to know we are lucky to have Charlie Kirk. Charlie Kirk's running the White House, folks. I want to thank Charlie. He's an incredible guy. His spirit, his love of this country. He's done an amazing job building one of the most powerful youth organizations ever created. Turning Point USA. We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.

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Go to NobleGoldInvestments.com. Do you think that they were just going to let him walk into the presidency? He got shot. He's been indicted more times than we can count. And there are more indictments. And the indictments will continue until morale improves or we win this election. Joining us now is a great American, Will Scharf, who is just terrific. Trump legal team, former federal prosecutor Will, welcome to the program. Will, yesterday, Jack Smith, he laid down another indictment. Is that correct? This did not get nearly the attention that it deserves.

I'm looking here. It's a superseding indictment. I'm looking at The New York Times. Didn't even make the front page of The New York Times. Wall Street Journal didn't make a little bit of a side note.

What's going on here, Will? So back on July 1st, as you probably remember, Charlie, we won a massive victory at the U.S. Supreme Court in our presidential immunity appeal. In that decision, the Supreme Court basically set out a three-part standard of what evidence can be introduced in cases like this, what sort of acts a president has immunity for. For private conduct, the president doesn't have immunity at all. For acts that fall within the absolute core of presidential authority, the president has absolute immunity.

And for all other acts falling within the outer perimeter of a president's responsibilities, the president has a presumption of immunity. Now, the original indictment in Jack Smith's D.C. case was full of evidence that was clearly subject to the Supreme Court's immunity decision. What Jack Smith has now done is he's gone back to his grand jury. He's omitted a lot of the things that he included in that original indictment that fall within that absolute immunity category under the Supreme Court's decision. And he's basically trying to bring the same case again, just without those pieces of evidence that the Supreme Court says he can't use.

Now, that's his plan. We've reviewed the indictment. I've looked at it. Other commentators have said this. There is still a mass of immune evidence and immune acts that are in this new superseding indictment. And that's obviously something that we're going to have to challenge and see play out in court in the in the months ahead. So that helped me understand that the superseding aspect of this is technically a new indictment.

Right. So it's technically new charges. The DOJ.

Yeah, go ahead. It's a new indictment in the same case that replaces the first indictment. So Jack Smith is trying to rescue his case that the Supreme Court gutted the D.C. prosecution in that presidential immunity decision and also in the Fisher decision, which was a January 6 case that also has implications here. Jack Smith rushed back to his grand jury and now he's trying to essentially bring the same case again in a way that won't trigger the Supreme Court's immunity decision.

So, yeah, that makes perfect sense to me. But, Will, this is a little bit it's not just a little bit very sinister and also telling they're not slowing down at all, despite there being an election. Now, there won't be another trial before the election. Is that fair to say? But there will not be another trial before the election.

Absolutely not. The pathway on this D.C. case is very, very long. Hopefully, I pray to God that President Trump wins in November and then this all becomes a moot point. It's interesting, though, President Trump actually truth this this out yesterday. There's a long standing Department of Justice policy that you don't bring new cases, you don't bring new indictments, you don't make overt investigative acts within a 60-day period before an election is held. The idea is that prosecutions shouldn't interfere with the conduct of an election and there shouldn't even be the perception that the Department of Justice is playing politics with these sorts of things. Well, as President Trump pointed out yesterday, early voting starts in a number of states within just a couple of weeks.

So we're well within that 60-day period here. In that respect, at least what Jack Smith is doing here certainly appears to be outside the norm of how DOJ would normally operate. And to me, that's something that we all need to be talking about. Well, without a doubt, and this is just the continual blitzkrieg of lawfare. So I want to put that kind of on hold and I want to emphasize sentencing. Sentencing that is coming up in September. Refresh our audience.

Mershawn has been suspiciously kicking this, kicking this, kicking this. What can we expect on Sentencing Day? Remind us of the date. I think it's September 18th, if I'm not mistaken. Yeah, it's currently scheduled for September 18th. It was originally scheduled for July 11th.

It's important to remember the full history here, though. Back before trial started, we moved repeatedly to delay trial until after the Supreme Court came down with its presidential immunity decision, on the ground that there was evidence that they wanted to include in this trial, that they ended up including in this trial, that could fall afoul of a new standard set by the Supreme Court on presidential immunity. Judge Mershawn denied those requests. The prosecutors obviously pushed to get this trial done in record time, really. Now we're in a situation where trial has concluded, the jury returned a verdict, but there was clearly evidence introduced to the grand jury and the trial that falls afoul of the Supreme Court's presidential immunity decision.

Official communications that President Trump was making, conversations and interactions he had with members of his official staff, these are all things that the Supreme Court says in its opinion on presidential immunity are presumptively immune and that we believe shouldn't have been included in trial. So immediately after the Supreme Court came down with its decision, we moved to stay sentencing. Judge Mershawn, to his credit, pushed it off by two and a half months. We're now litigating over these presidential immunity issues. We expect a ruling from Judge Mershawn before sentencing, but pretty closely before sentencing, potentially September 16. We believe that sentencing needs to be pushed off much more if it occurs at all. We believe there's grounds for a mistrial here for basically the prosecution to have to go back to step one and try to bring this case without all of this immune evidence.

That's what we're hoping happens here. In the meantime though, we're in this weird situation where there is a sentencing date, where even the DA has acknowledged that there are real problems with proceeding with sentencing on this timeline. We're going to keep fighting to make sure that President Trump's rights are upheld, that they're respected. If that means taking quick appeals, moving up very quickly as soon as we know which way Judge Mershawn has ruled on this immunity issue, that's exactly what we're going to do. If we have to go all the way back up to the U.S. Supreme Court, we obviously will and we think we have very strong grounds to challenge really this entire jury verdict in this case.

This is very telling, Will, in more ways than one. The path forward on sentencing, I hate to get go here, what if they just say straight to prison, President Trump? We would immediately appeal the imposition of any sentence. Typically in a case like this, the sentence would be stayed pending appeal. It would be highly, highly irregular for them not to grant us that given just President Trump's age, his lack of a prior criminal history. He's not going to flee the jurisdiction, all the usual factors that would be considered. We would do everything in our power and I think we would successfully be able to stay the imposition of any sentence, whether it's a sentence of imprisonment or anything else, while we pursue what we think are very strong grounds for appeals, strong constitutional grounds, issues relating to President Trump's due process rights, federal preemption issues. There are a lot of things that went terribly wrong in this trial under Judge Mershawn's supervision and we're going to be challenging all of that on appeal.

If a sentence is imposed on September 18th, we'll be challenging that very, very quickly, but we hope to avoid even getting to that point. Hey, this is Charlie Kirk for my friends at besthotgrill.com. Football is back and so is tailgating. I'm so excited football's back, by the way. Whether it's Friday night lights, Saturday, college football, my favorite, go Ducks or pro Sundays, Solaire tailgate infrared grills set up fast and heat up quickly, only three minutes to searing hot temperatures just like the big backyard Solaire's. A Solaire grill will make you the master of the tailgate with the juiciest, most flavorful food in the parking lot and the fast grilling times leave you more time to enjoy the pregame festivities. They also cool down fast so you won't miss a minute of the game. The USA made Solaire anywhere, everywhere and all about infrared grills are portable and perfect for any grilling on the go. From picnics to camping to RV to boating, but especially tailgating. Amaze your tailgating friends with the great food you grill with Solaire infrared grill. Learn more about these fantastic grills and Solaire's try before you buy demo rental program at besthotgrill.com.

That's besthotgrill.com, besthotgrill.com. Will, I want to play this cut here. This is Pelosi backstage. She's wearing a mask, so it's hard to understand, but we have captions here. This is some breaking news.

This is during January 6th. Nancy Pelosi said that we're calling the National Guard. Now they should have been here to start out. We have totally failed, she said. We need to take some responsibility for not moving to secure. Now this behind the scenes footage shows this is being filmed by her daughter. This shows that Nancy Pelosi deep down knows that the breach of the security perimeter was her fault.

Play cut 96. So it's hard to understand that, but I cap I re summarize that we're calling the National Guard now. We totally failed. We have to take some more responsibility to take some responsibility for not moving to secure.

What connection does this have to Jack Smith? If the left has pushed a fundamentally false narrative going back to January 6th, they want you to believe that President Trump with this crowd into a frenzy and sent them over and did all this dastardly stuff. The reality is a lot more pedestrian. The reality is that there was a large angry crowd on January 6th and that the people in charge of security at the Capitol didn't take the most elementary basic steps to ensure that the Capitol was properly secured. President Trump had offered National Guardsmen to help secure the Capitol. He'd offered additional security.

They didn't take him up on those offers. So when you look at January 6th, the story that you've been consistently told, you know, Donald Trump bad, his fault, it's just not true. And we've seen that consistently as we've litigated these cases in D.C. and elsewhere. We've seen that consistently as we've really gotten in under the hood of what happened, what happened on that day.

I mean, I'll tell you this. I was inside the Capitol the day that Brett Kavanaugh was confirmed to the U.S. Supreme Court. I was sitting in the Senate gallery. There were thousands and thousands of keyed up protesters outside that day. None of them made it anywhere near the Capitol. There was a wall of steel around that building. These folks know how to secure the Capitol when they want to. On January 6th, they just didn't do it. And that's what I think these videos of Nancy Pelosi reflect. She knows that she screwed up.

She knows that proper steps weren't taken to make sure that a protest wouldn't get out of hand. And that's really what happened when you, when you get down to the basics of January 6th. And so the the the lawfare is proceeding and continuing regarding it. Just to understand, if it really was a, quote unquote, insurrection, what kind of insurrectionist would want national guardsmen to defend the place that you're trying to take over?

I mean, the whole thing is so silly, isn't it, Will? President Trump has never been indicted for insurrection. He's never even really been accused of insurrection. What they've done is they've brought these sort of highly technical legal charges relating to supposedly broad reaching conspiracies against rights and conspiracy against the government, because they don't have evidence that he had anything to do with the breach of the Capitol on January 6th. You know, the original stories were all about the Proud Boys and seditious conspiracy. President Trump has never been charged with any of that because he didn't do any of that. So what they're left with is these totally fake legal theories that, you know, I've cut through, other lawyers have cut through publicly, they just don't make any sense. But January 6th, at the end of the day, it was a protest that got out of hand, and it's obviously regrettable, and people were hurt. And that's, that's not a good thing.

But the idea that President Trump was some mastermind behind some kind of insurrection, the more facts that come out, the more we know that that's just a totally baseless theory being advanced by the left, because they're desperate to tar President Trump in advance of this 2024 election. Will, excellent work as always. Plug your stuff.

How can people support you? You can find me on social media at Will Scharf, Twitter, Facebook, Instagram, Truth Social. Always great to be with you, Charlie, and I hope we get a chance to hang out soon. Thank you, Will. Talk to you soon.

Thanks so much. Email us as always. Freedom at CharlieKirk.com and become a member to get your member's MAGA hat.

That is members.CharlieKirk.com. Also proud to announce, I think it is public now, a week from today, we are hosting J.D. Vance here in Arizona at Generation Church. The vote is called Chase the Vote at the Church. Chase the Vote at the Church with the great J.D.

Vance, hopefully the next Vice President of the United States. Generation Church, 1010 South Ellsworth Road in Mesa, Arizona. Ryan Visconti, great pastor there, is hosting us. J.D. Vance, Chase the Vote at the Church at Generation Church, brought to you by Turning Point Action.

That is TPaction.com slash church, TPaction.com slash church to get your tickets right now. Joining us right now is Tulsi Gabbard, also known as Wonder Woman, the latest addition to the Justice League, otherwise known as the Avengers. Tulsi, welcome to the program.

Tell us about how the cell came about. The wonders of the internet. The social media and the memes always win. No, it really came about because of the diverse team that President Trump is bringing together from across the political spectrum. You've got Bobby Kennedy, who has endorsed Donald Trump after suspending his presidential campaign.

I have endorsed President Trump. And what you're seeing right there in that picture is a team of people who first and foremost believe in freedom, peace and prosperity. That's what this election is really about. It's not about Democrats versus Republicans. It's about Americans who truly love our country and cherish peace and freedom and recognizing that there's a very clear contrast in choice in this election between these two candidates and Donald Trump, who has talked about his commitment to freedom, peace and prosperity, his commitment to ending these unnecessary and costly wars of choice.

He understands that we cannot be prosperous unless we are at peace and his commitment to the Constitution and freedom versus Kamala Harris, who stands for the exact opposite. She has led an increasingly tyrannical government that undermines our fundamental rights and freedoms at every turn. They have led this brazen mission of political retaliation, their biggest target being Donald Trump, but not limited to him. They have come after me most recently, putting me on a secret domestic terror watch list. They have gone after journalists like Matt Taibbi weaponizing the IRS. The list is very, very long. They are an increasingly tyrannical government, one that has us embroiled in multiple wars around the world and closer to the brink of nuclear war than ever before.

And one that has over the last three and a half years caused incredible economic hardship for the American people. The contrast couldn't be greater. We are excited to invite Americans, whether you're a Democrat, Republican, independent, whatever your political persuasion is, if you value freedom and you love our country, come in and join the team.

I love it. And honestly, thank you for your bravery and your courage, because Tulsi, a couple of years ago, you were running for president as a Democrat, co-chair of the DNC, and now embracing and endorsing Donald Trump with disagreements. And by the way, I love disagreements. I think that's what makes politics fun. I think that's part of what a free society is all about, is that we don't agree with everything.

And that way you can actually come to the best conclusion. Can you speak about that, how the right has now become the place of intellectual discourse and of Socratic dialogue? And the left is top-down quasi-Stalinistic bureau politics. Tulsi Gabbard.

Well said, Charlie. This is one of the main reasons why I left the Democratic Party after being a Democrat for over 20 years was because when I was 21 years old in Hawaii and I was thinking about which party I most aligned with or which party's values I was most drawn to, I joined the Democratic Party at that time because it was still a party that celebrated being a big tent party that welcomed people from all different views and backgrounds and ideas and supported this vibrant open marketplace of dialogue and debate. It was a party that fought for the little guy. It was a party that welcomed people who stood up and called for peace and an end to these stupid wars of choice.

It was the party of President John F. Kennedy and Martin Luther King. And I identified with those values and was drawn to the party because of that. I left the Democratic Party because the Democrat Party of today stands for the exact opposite of every one of those things that drew me to become a Democrat in the first place. And the encouraging thing that we are seeing across the country, there are so many Democrats or former Democrats who feel the same way that I do, that our party left us behind. And as you put it, the Democrat Party has become the party of elite, the party of woke warmongers, the party that stands for more power. They will choose power over freedom and liberty every single day. And the Republican Party has become the big tent party, the party that is increasingly championing the well-being of the little guy in our country and one that encourages this dialogue and debate and sometimes even strong disagreement amongst elected Republicans.

And that is such a healthy and important thing for us to have as a thriving democracy. It is the unity party versus the uni-party. And what's amazing to me is how the Democrat Party, they almost want you, Kennedy and Elon Musk, out of their ranks. These people are so cocky, they are so elitist that you're not part of their very specific neoliberal worldview where they want to invade the world, invite the world and have totalitarianism here domestically. So just get out of our party.

Well, I hope that they're going to pay a price for that. So you've debated Kamala. What what do you make on her new positions where she's trying to make herself seem more like Donald Trump? And what advice do you have both for President Trump publicly and privately in his preparation for a debate against Kamala Harris? Well, how does the saying go?

Charlie, imitation is the greatest form of flattery. So the fact that Kamala Harris is now adopting these policies, apparently she says she stands for freedom and she wants to build a wall and secure our border. You know, she is saying these things because her pollsters are telling her to say them. We should not pay attention to her words because her actions and her record, especially over these last three and a half years as vice president, one breath away from the presidency, tells a very different story. So we can assume with most of the things that Kamala Harris says, if she is saying she stands for this, really what she really will do as president is the exact opposite. And that's the opportunity that President Trump is going to have on this debate stage on September 10th is to expose Kamala Harris's lies, her hypocrisy, and the fact that she is truly a phony politician in the worst sense of the word. And she only cares about herself and her own power. She doesn't actually care about the American people, our security, our safety, our freedom, our prosperity. She will say and do whatever she thinks is necessary to win this election.

And if allowed to do that, we will see more of the dangerous and disastrous policies that we've seen over the last three and a half years. Sleep of your life. But that's not all. Get their six piece kitchen and bath towel set for only $25. The brand new mattress topper for as low as $69.98 and their famous MyPillow bedsheets for as low as $25 and so, so much more. Go to MyPillow.com or call 800-875-0425. Use promo code Kirk to get huge discounts on all MyPillow products, including the premium queen size MyPillow for only $19.98.

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Wonderful organization, MyPillow.com. So from a framing, do you think President Trump should embrace a more policy framing or kind of do what you just did and say that you don't believe anything? You flip flop.

You're all over the place. Or should it just be strictly about policy? Should he be willing to say that you're an inauthentic person that nobody voted for, which is a little more dangerous, but could be effective? I don't think it's an either or choice, Charlie.

I think the two are very directly connected. Uh, and you look at the, the, uh, interaction I had with her on that debate stage in 2019, I confronted her with her record, which was about very real policies, but in doing so exposed her hypocrisy, exposed her lies and exposed the fact that what, what, what does she really believe in? She had no comeback. She couldn't even justify a record that she claims to have been proud of. And this is again, the opportunity for president Trump to expose her, her deeply flawed character. The fact that she is fake, she doesn't care about the American people and she will do whatever she thinks she needs to get elected by exposing her hypocrisy with her record. I think, I think he'll be able to accomplish both of those things on a factual basis.

Yes. And also, I mean, hopefully the moderators are somewhat fair, but I would love to have her answer why she's screaming like more hawkish than McCain at her party's convention. Can you comment on that Tulsi? I mean, you had Leon Panetta as the lead up act, the warmup act for Kamala Harris and like a lunatic, she's saying the American fighting force will be a lethal force spreading democracy abroad. I mean, is this George W. Bush or Kamala Harris? This, this points again to the, to the contrast between the team of people that president Trump is assembling, people who come from different political backgrounds, but who are completely aligned in this cause of freedom, in this cause of the pursuit of peace, recognizing that war should be a last resort. And this includes Democrats and independents and of course, Republicans. Whereas you look at Kamala Harris, she is a complete war hawk. She is a complete war monger, a disciple of the queen of war mongers and Hillary Clinton herself. And the few Republicans that they gathered on that stage at the democratic convention were more of the neo con war hawks and war mongers from Washington, people like Adam Kinzinger and others. So again, this is not about Democrats versus Republicans.

This is about a president who is, who values the lives of every one of our service men and women and who understands the seriousness of the responsibility of serving as commander in chief, willing to do what is necessary, whether that means going and meeting Kim Jong Un in the pursuit of peace or working with allies and partners and friends. That is not something Kamala Harris is willing to do. She criticized president Trump for having the courage to go and have that conversation and conduct those negotiations.

She is being controlled by the national security state, the deep state, the military industrial complex, once again, which told her to say those things on that debate stage, showing us all who she really is controlled by and who have been controlling Joe Biden and this White House over these last three and a half years. That is such an important point. And I hope every honest Democrat out there, we might disagree on a lot of issues. I think that's what makes, again, a healthy country. But you cannot tell me that you want peace and that you want tranquility abroad and then also vote for Kamala Harris.

You just you just can't. If you vote for Kamala Harris, you want nation building, war mongering, invading smaller, weaker countries, wars of choice, more Ukraine, more suffering, more displacement, more refugees, period that the entire cabal that ran the American foreign policy project of George W. Bush is now in complete control of the Kamala Harris campaign. You had Leon Panetta, who has the warm up act. That guy has been behind every major foreign policy blunder of the last 40 years. And this guy is giving a primetime address to the DNC and getting applause, getting applause from these lemmings at the DNC.

So Tulsi, can you update our audience? Are you still being targeted by the Quiet Skies program with that SSSS on your boarding pass every time you fly? Last I heard, the targeting package was still operational under this secret domestic terror watch list called Quiet Skies. I travel a lot. I the last flight, I did not get the SSSS.

The flight before that, I did. How they do this, they don't ever tell anybody, but I do know that several committees in Congress, including Jim Jordan's select committee on the weaponization of the government, they are actively investigating this and calling in leaders from the TSA to come and answer questions. I hope that they take this public and call these leaders onto the carpet to provide some transparency about this secret domestic care watch list that I'm sure is just one of many that's targeting everyday Americans and being used as a tool for political retaliation by the Harris Biden administration. So I've got Jay Sekulow and the ACLJ there pursuing legal action. At this stage, we have filed FOIA requests to try to ensure they turn over whatever evidence and documentation they have.

And then we will continue on from there. So, Tulsi, this is a little wonkier argument, but I think it's really important for smarter Democrats and independents that care about, quote, democracy. Can you comment on how the party of democracy in a obviously coordinated way went out of their way to try to remove RFK from the ballot to sue every way? And Republicans didn't really do that. Isn't the whole idea of democracy is you can vote for whatever candidate of your choosing, not just vote for the Democrat.

It's absolutely, absolutely true, Charlie. And this is this is once again why everything that Kamala Harris and the Democrats and the propaganda media who were doing her work for her, what they say is the complete opposite of what's actually happening. We talked about how she says she's for freedom as she's undermining our freedom on the issue of democracy. Not only were they and up until very recently trying to block Bobby Kennedy from getting on the ballot, now in certain states as he's trying to get off the ballot since he suspended his candidacy, these very states that are swing states, battleground states, are now saying, no, he must remain on the ballot because they think that his name being on the ballot will help Kamala Harris win. These are the very same people who tried to get Donald Trump removed from the ballot in over 32 states, completely trying to take away voters' right to make the decision for ourselves about who we want to be president and commander in chief. So these people are so full of crap and they have no qualms about lying directly to the American people saying we stand for democracy and President Trump will undermine democracy while in action in real time. They are doing exactly that, undermining our democracy, trying to take away our right as voters to make sure that our voice is heard through this election and undermining the rule of law. It's a glaring brazen abuse of power that we have to expose for exactly what it is. That is exactly right.

And that's what I mean. The big things are the big things this election. And yes, you have a Democrat Party that's lecturing us about ballot access. Kamala Harris is screaming about the John Lewis Voting Rights Act and third party candidates like Jill Stein can't get on the ballot. Well, actually, just recently she is going to be on the ballot, Wisconsin, because I think that's the whole idea of democracy. If you want to vote for a third party candidate, you should be able to vote for a third party candidate. Go at it.

That's fine. The whole promise of America is not you're only allowed to vote for the Democrat or the Democrat Party. And so RFK and Jill Stein have both claimed that the DNC has hired spies to surveil them.

One minute remaining. Do you believe that, Tulsi, that the DNC would be hiring operatives to spy and surveil candidates like RFK and Jill Stein? I do believe it. I believe it because they've shown us that they will stop at nothing in order to try to retain their power and get more power. I have no doubt about the fact that if that is what is coming out, that that is true because they want to try to undermine them.

They want to try to build ammunition against them and they'll use whatever means necessary working with their friends in the propaganda media to plant lies in order to build doubt in the American people's minds and create this fake narrative around Kamala Harris that that is nothing that reflects reality about who she really is and how dangerous she will be for all that we hold dear about our country. That's right. Tulsi Gabbard, For Love of Countries, the book. Thank you so much. Excellent work. Thanks, Charlie. Thanks so much for listening, everybody. Email us as always. Freedom at CharlieKirk.com. Thanks so much for listening and God bless. For more on many of these stories and news you can