In this critical episode, Jenny Beth is joined by Mike Davis, President of The Article III Project, to discuss the pressing legal battles affecting the future of America. They dive into the implications of ongoing indictments against President Trump, the pivotal role of the Supreme Court in safeguarding our republic, and the consequences of potential changes to the judicial landscape. Mike offers insight into how these legal battles and election integrity efforts will shape the future of the country. Listen in for a conversation that explores the stakes of the 2024 election and the importance of vigilance in preserving our nation's freedoms.
In this critical episode, Jenny Beth is joined by Mike Davis, President of The Article III Project, to discuss the pressing legal battles affecting the future of America. They dive into the implications of ongoing indictments against President Trump, the pivotal role of the Supreme Court in safeguarding our republic, and the consequences of potential changes to the judicial landscape. Mike offers insight into how these legal battles and election integrity efforts will shape the future of the country. Listen in for a conversation that explores the stakes of the 2024 election and the importance of vigilance in preserving our nation's freedoms.
Twitter/X: @mrddmia | @Article3Project | @jennybethm
Website: www.article3project.org
Mike Davis (00:00):
These election officials around the country are letting illegal immigrants and other non-citizens vote illegally in our federal elections. That's unacceptable. We're going to call you out. I don't care if you call me an election denier. I don't care if you threaten to throw me in jail. Good luck. Do it. I don't give a damn. I'll sit in jail because we are going to protect the integrity of this election because everything is on the line on November 5th. Again, if Kamala wins, our country's over because she's going to pack the Supreme Court.
Narrator (00:34):
Keeping our Republic is on the line and it requires Patriots with great passion, dedication, and eternal vigilance to preserve our freedoms. Jenny Beth Martin is the co-founder of Tea Party Patriots. She's an author, a filmmaker, and one of time magazine's most influential people in the world, but the title she's most proud of is Mom To Her Boy, girl Twins. She has been at the forefront fighting to protect America's core principles for more than a decade. Welcome to the Jenny Beth Show.
Jenny Beth Martin (01:05):
In this episode, I'm joined by Mike Davis, president of the Article three project to discuss the ongoing battle for our courts and the dangerous lawfare being waged against conservatives from the Supreme Court to election integrity, Mike shares his insights on how these legal battles could sheep the future of our country. Don't miss this critical conversation. Mike, thanks so much for being with me today. I get to know you when you were working in the Senate as we were working on different nominees potentially for the Supreme Court and other courts, and I learned a lot about you during that time and then I've watched you a lot on Steve Bannon's war room and other things and you've been really all over explaining to people what's happening with the indictments against Trump, and I would love it if you would explain what we're seeing right now with the reformulated indictments that Jack Smith has recently done.
Mike Davis (02:03):
We are seeing desperation by President Biden and Vice President Kamala Harris and their attorney General Merrick Garland and their special counsel Jack Smith. Jack Smith just filed a super seating indictment against President Trump in DC yesterday related to the January 6th case, and the big problem for Jack Smith is that the Supreme Court just issued two monumental rulings back in June just a couple months ago on these very issues. Number one, the Supreme Courts held in the Fisher case that the Biden and Kamala Justice Department illegally contorted, politicized and weaponized a post Enron obstruction of justice statute that was intended to go after corporate fraud that Biden and Kamala and Merrick Garlands and the DC US attorney Matthew Graves and special counsel Jack Smith, used illegally to go after Trump and his supporters on January 6th. And then you also have the Supreme Court rule that any president is immune from criminal prosecution for his official acts, not his personal acts as official acts just like they are immune civilly from their official acts, including the outer perimeter of their official acts, following a Supreme Court precedent in the civil context, the Nixon case from 40 years ago and Jack Smith got his case should have been largely destroyed by those two monumental rulings out of the Supreme Courts and that's separate from the First Amendment and the vagueness problems with the indictments.
Mike Davis (04:00):
But instead of packing his bags and going home, Jack Smith is the Freddy Krueger of this law fair and election interference against President Trump. He's had his limbs taken off by the Supreme Court. Half of his face has taken off, but that hasn't stopped him. Freddie Kruger's back and Jack Smith has filed this superseding indictment yesterday that largely ignores the Supreme Court's two rulings. It largely ignores the Fisher ruling because Jack Smith has four counts and his indictment from before and those same four counts are in his indictment now including two of those counts based upon 18 USC 1512 that post Enron obstruction of justice statute that the Supreme Court held in the Fisher case can't be used and Jack Smith also included in this superseding indictment, president Trump's conversations with his vice presidents, which the Supreme Court held were presumptively immune and Jack Smith just ignored that it is just moving forward with this DC January 6th case like the Supreme Courts didn't rule against him in these two cases and it's part of the Biden and Kamala pattern where they ignored the Supreme Court's ruling and the student loan forgiveness case where the Biden and Harris administration don't have the power to just unilaterally forgive student loans.
Mike Davis (05:25):
Congress has to do that. That's an expenditure. That's the power of the person. It shows a dangerous and troubling pattern by President Biden, vice President Kamala Harris and their administration including the Justice Department, that they're willing just to just ignore Supreme Court rulings. But I would say this Jack Smith's case is not going to go anywhere Before the election, his case down in Florida got thrown out because Judge Eileen Cannon correctly held that the Office of the Special Counsel is unconstitutional. It was not created by Congress, it was not funded by Congress and it's not supervised properly by an officer of the United States states, which is required under our constitution. And then Jack Smith's going to run into the same problems he had before. He's going to have President Trump presumably saying that his indictment, his superseding indictment filed yesterday, like his indictment before must be thrown out because of presidential immunity and because of the Supreme Court's fisher decision, the presidential immunity must be decided immediately by DC Obama Judge Tanya shuck in this radical partisan judge who ignored immunity last time, she's going to have to decide the issue of presidential immunity, however she decides is immediately appealable to the DC circuits and that will take many months to get to that point and then that decision by the DC circuit could be appealed to the Supreme Court if they decide to take it.
Mike Davis (06:53):
So this case is not even going to be set for trial for maybe even a year, maybe longer than a year, and the fact that Jack Smith waited three years to bring these unprecedented charges against a former president and a likely future president and now he can't wait, we're within 70 days of the presidential election. We have early voting starting in Pennsylvania in mid-September, and Jack Smith decided along with Merrick Garland who personally approved this superseding indictment or he must have under the regulations of the Justice Department and if Merrick Garland didn't, then it's a clear violation of the Constitution that a constitutional officer didn't approve this superseding indictment and the fact that they couldn't wait until after the presidential election. This shows that this is clearly a continuation of Biden and Kamala's law fair against President Trump and their election interference because they fear that Trump's going to beat Kamala like a drum on November 5th. She didn't get her post convention bounce like she expected. Trump stole her bounce with RFK Junior's endorsement of him along with Tulsi Gabbard. Trump is a uniter. He's bringing in Democrats and Kamala Harris is dividing people and she's losing Democrats and she's on a trajectory to lose this election. And again, Jack Smith's superseding indictment that Garland approved is a last ditch desperate effort to go after Trump.
Jenny Beth Martin (08:24):
Mike, you mentioned that it's going to go back before the same judge in DC did I read that he went through a whole new grand jury and if he went through a grand jury, why does he have the same judge and not potentially a different judge?
Mike Davis (08:39):
That's a good question. I'd have to dig into that legal issue, but from what I understand, because it's a super seating indictment, even though they went to a different grand jury, it would go back to DC Obama, judge Tanya Shuck and they'd say either it's the same case or it's a related case or judicial economy, but the bottom line is this. What I think Jack Smith is doing here and Merrick Garland is doing here is I think they understand that this case is not going to be tried on the merits before the election. What I think they want is they want to trap President Trump and Tanya shucks courtroom in DC and have evidentiary hearings or many trials on the issues of presidential immunity, meaning put people on the stand and make them testify including maybe even try to put Trump on the stand to make him testify about what did President Trump do in his official capacity as the president of the United States, including the outer perimeter of his official capacity where Trump would be immune versus what did Trump do in his personal capacity where they would argue Trump would not be immune and then whatever Judge Tanya shooken decides would again be immediately appealable to the DC circuits, a three judge panel.
Mike Davis (09:58):
It could go to an Augh court meaning the full DC circuit after that and it could go to the Supreme Court after this. Again, the bottom line is this case is not going to get resolved before the election.
Jenny Beth Martin (10:10):
It is truly remarkable the power that the judge is going to have in deciding whether the president of the United States who is elected, the judge is not elected, this is the judge who is elected, I mean a president who is elected can have in deciding whether the president was acting officially or not, they really do not want to open this Pandora's box and they're opening it and I don't think that this is what anyone in future generations, they're going to look back and wonder why we allowed this to happen.
Mike Davis (10:49):
Yeah, this is obvious lawfare, it's obvious election interference. These are unprecedented and very dangerous waters in which we're sailing and this, these are Republican ending tactics by President Biden and Vice President Kamala Harris and their attorney General Merrick Garlands and their special counsel Jack Smith and these other Biden and Kamala Democrat prosecutors and judges around the country, whether it's up in New York City where you have this corrupt Manhattan Democrat Judge Juan Rashan who donated to Biden and Kamala requiring illegally donated, and then his daughter Lauren Rashan is a leading Democrat fundraiser for Biden and Kamala and she's raising millions of dollars off of this unprecedented case up in New York against Trump, and that requires Judge Marshawn's recusal under New York statute. That's not just me saying this. A former Clinton federal judge went on Kaitlyn Collins' show on CN on April 5th and said that Judge Mesan had to recuse because of his daughter's fundraising off of this case, and Judge Mesa's response was to Trump raising this issue was that I'll throw you in jail, I'll put an illegal gag order on you, president Trump and your team, if you even mention my daughter's name, if you mention the fact that Matthew Colangelo got deployed from the number three office in the Biden Kamala Justice Department to bring this unprecedented criminal prosecution against President Trump in New York for the noncrime of a businessman settling a nuisance claim and calling it a legal expense and his private books, I don't know what else you would call it other than a legal expense.
Mike Davis (12:36):
I've been a lawyer for nearly 20 years. I've settled many of these nuisance claims with confidentiality provisions and you book it as a legal expense, but they're saying that President Trump booking this legal expense in his private books in 2017 somehow affected the 2016 election and somehow what would be bookkeeping misdemeanors at best that they're not even bookkeeping misdemeanors, a legal expense is a legal expense. They're saying that putting that bookkeeping misdemeanor somehow turned into election felonies 34 felonies against President Trump, but they haven't explained to Trump or the judge or the jury or anyone what their legal allegations are to make those misdemeanors at best turn into felonies. Misdemeanors were the statute of limitations has long since passed and they've turned into felonies. But if Trump talks about that or if he talks about the fact that the Manhattan jury pool voted 95% against Trump, he can go to prison, he'll go to prison.
Mike Davis (13:41):
If Trump talks about Stormy Daniels or Michael Cohen, Michael Cohen, this disbarred, disgraced felon attorney who's changed his story many times on Trump and was raising money on TikTok trashing Trump or Stormy Daniels, this porn star who's changed her story many times and testified she hated Trump and she's raising money on Twitter, selling her porn videos, trashing Trump, if Trump responds to these people, he goes to jail under this illegal unconstitutional gag order. I don't recognize our country anymore after what's President Biden and Kamala Harris and these Biden Kamala Democrats are doing, they are taking our country to the brink. I mean, do they think that on September 18th, 18th that Judge Boan is just this corrupt judge who should have recused and he's just going to throw President Trump in prison and the American people are going to be okay with that? I mean these are very dangerous. We're in very dangerous ground with President Biden and Vice President Kamala Harris and their henchmen are doing around the country
Jenny Beth Martin (14:55):
Extremely dangerous. And speaking of September 18th, that date is still scheduled. Is that correct for when his sentencing will be in New York?
Mike Davis (15:05):
Yeah, and look, I would not be surprised at all if Judge sentenced President Trump to prison on September 18th. I mean selfishly as a political hack, I want Marshan to try to put Trump in jail for even an hour because I think the Supreme Court of the United States will step in very quickly and stay the execution of judgment of that meeting stopped the incarceration pending appeal because there are so many legal problems, constitutional problems with this corrupt case in New York with this Soros funded Manhattan DA Alvin Bragg teaming up with this Biden Kamala number three Justice Department official Matthew Colangelo and this corrupt judge Juan Han who's a Biden Kamala donor and whose daughter's raising money. One of the big problems, the immediate problems along with dozens of others is that they allowed in evidence in this grand jury proceeding in at trial that is subject to presidential immunity and the Supreme Court just made very clear in this presidential immunity decision, you can't do this.
Mike Davis (16:12):
This judge led in evidence of President Trump's discussions with his deputy White House chief of Staff Hope Hicks while Trump was in the White House along with deputy, his deputy chief of staff for operations, Madeline, who you can't do this, you cannot let in these conversations. This is evidence that's not permissible. So Judge Marshan has to declare a mistrial, but I think that Judge Marshan is going to try to find a way to get around that and just try to sentence Trump to prison. And if they do that again as a selfish political animal, I'm not the one going to jail. So I would say as a selfish political animal, that's the best thing that can happen to Trump politically because he's going to win in a landslide if they do this. He's going to be like Nelson Mandela if they try to throw him in prison, but this is so bad for our country if they actually go forward and do this because this is how the Roman Republic fell. It was the Lawfare by the Roman insiders against Caesar that caused him where he felt desperate and so he crossed the Rubicon from Gaal into Rome and it led to the Civil War, the fall of the Roman Republic. I'm not saying we're going into a civil war. What I'm saying is this is going to lead to a legal tit for tats between the parties that is going to destroy the presidency and therefore destroy our country.
Jenny Beth Martin (17:40):
And I completely agree with you that if this continues, there will be a legal tip for tat that it shouldn't happen to Trump, it shouldn't happen to, and if it continues, I don't know where no one can predict where it ends, except that I think all of us who've studied history look at it and think if it continues down this path, it will end badly for our country and badly for our citizens. Looking down in Florida, Jack Smith has appealed Judge Cannon's decision in Florida, correct?
Mike Davis (18:14):
That is correct. I mean Judge Eileen Cannon should be applauded for being bold and courageous and doing what federal judges are supposed to do, which is to protect the constitutional rights of criminal defendants as they go through the process. Judge Obama, judge Tanya Shooken should be ashamed because she's done the opposite. She has railroaded a criminal defendants in dc she got smacked down by the Supreme Court of the United States for railroading President Trump, whereas the Florida Federal judge, Eileen Cannon has done what she's supposed to do and she is correctly held that the Office of Special Counsel is unconstitutional. It's not established by Congress. He is essentially has at all powerful office. He's not an officer of the United States, he's not nominated by the President, he's not confirmed by the Senate, he's not appointed by the President, he doesn't have his budget come from Congress.
Mike Davis (19:13):
He has essentially created by Fiats, by the Justice Department after Congress let the Office of the Independent Counsel statute lapsed after Ken Starr's investigation of Trump. They just made up this new office of the Special Counsel and they give it unlimited power, virtually unlimited power, unlimited jurisdiction, unlimited budget virtually and they actually made the regulations where the special counsel is intentionally insulated from a constitutional officer from the Attorney General or the Deputy Attorney General or an Assistant Attorney general or even a US attorney, and it's that insulation that makes this unconstitutional. It's also the appropriation where it's essentially an unlimited appropriation for this made up office that makes this unconstitutional. And so that's important because think about it this way, does the Biden and Kamala people want a President Trump to create, I always joke about this, do they want the office of the Viceroy and do they want Trump to just make that up by fiat and now point Mike Davis me this crazy guy as the vice Roy and give me unlimited power and unlimited jurisdiction and unlimited budget to go after Trump's political enemies.
Mike Davis (20:28):
I don't think that will end well for Biden and Kamala Harris. I know I can't confirmed anything because I'm too crazy, but if you just make me the Viceroy and I'm not accountable to Congress and I have this power and budget, I don't think I'm going to be merciful during my reign as the, and that's the point. We can't have officers with this power in the executive branch just made up. We have to have it through Congress establishing these offices with appropriate oversight with Congress through both the nomination and confirmation process and also through the oversight process and the appropriations process. And that's not happening with Jack Smith and that's why we see this out of control Prosecutor who's filing his superseding indictment yesterday in DC after he just got smacked down by the Supreme Court on two of those cases, Fisher and Presidential immunity and Jack Smith along with Merrick Garland is just ignoring the Supreme Court.
Jenny Beth Martin (21:27):
Is he accountable to Merrick Garland or is he somehow the superpower that has no accountability and no checks and balances,
Mike Davis (21:37):
He's ultimately accountable to Merrick Garland. The problem is he's not accountable to Merrick Garlands or another officer on a day-to-day basis. Jack Smith could be, they could make him a counsel at the Justice Department like an assistant US attorney is accountable to the Senate confirmed United United States attorney as managed think
Jenny Beth Martin (22:00):
Should be impeach, right, because they're confirmed they could be impeached.
Mike Davis (22:03):
Correct and can also, it's also the day-to-Day management, the day-to-Day supervision by a constitutional officer assistant US attorneys around the country are accountable to their US attorney in their district. I think they're like 93 or 94 US attorneys around the country. They're accountable to those Senate confirmed US attorneys contrast that with Jack Smith. He's intentionally insulated from a constitutional office here. He gets his own budget, his own office, broad jurisdiction on unlimited jurisdiction, really unlimited budget, unlimited power virtually and not only is he not accountable on a day-to-day basis to a constitutional officer, the regulations insulate him, isolate him. So that's what makes his office unconstitutional
Jenny Beth Martin (22:49):
And it isn't going after and ensuring that law is being upheld. It is using all of that power that you just mentioned to go after an individual. The position is set up to target an individual which is not how things we're supposed to have the presumption of innocence in this country no matter who you are.
Mike Davis (23:10):
Yeah, that's the problem with the Special counsel. That's exactly right. Jenny Beth is they find an individual and they make them a target and they give this unconstitutional special counsel unlimiting it time and money and budget and jurisdiction and power to go after them. And you find me the man's, you find me the man, I'll find you the crime and that's exactly what happens. This is why Congress lets the Office of the Independent Counsel statute lapse after Ken Starr because the American people did not want a prosecutor, an independent counsel then now a special counsel now with the powers that we just talked about
Jenny Beth Martin (23:56):
And I applaud Judge Cannon for making the right decision. I'm sure as Jack Smith appeals it, it's going to wind up at the Supreme Court and I hope that the Supreme Court does what they should do and rule finally once and for all on this because it shouldn't happen to Trump, it should not happen to any president or any other citizen in the country who might wind up having a special counsel appointed to go after them.
Mike Davis (24:25):
And you know what? The biggest winner of these decisions by the Supreme Court, the Fisher decision, the presidential immunity decision by the Supreme Court Judge Cannon's special counsel decision. The biggest winner of that is Joe Biden and Kamala Harris because Joe Biden's definitely not going to be in office after January 20th, 2025 and Kamala Harris likely will not be in office and do they really want the Trump 47 Justice Department going after them under these bogus legal theories of obstruction under 18 USC 1512? Do they really want a special counsel, Mike Davis or a Vice Roy, Mike Davis going after them? Because like I said, if you think Jack Smith is vicious, wait till I get the job, I will make their lives living hell even worse than they've done to President Trump and his top aides like Steve Bannon who's sitting in prison right now and Peter Navarro who went to prison, his lawyers like Rudy Giuliani and John Eastman and Jeffrey Clark and his supporters on January 6th who were absolutely persecuted according to the Fisher decision.
Jenny Beth Martin (25:35):
It's just horrible and it seems that I never thought we would see in our country. I always thought it could happen somewhere else and not in our country. But I think that all of this just shows that liberty truly does require eternal vigilance and you can't take anything for granted when it comes to liberty. It can slip right away. It is Reagan said, it is not passed on in our bloodstream and that's why the work that you do and the work that others do around the country is so very important to continue to guard our liberty.
Mike Davis (26:07):
That's exactly right. Jenny Beth and here's the problem. This is why this next election is so important. It's because the Supreme Court of the United States is our last line of defense that protects us from government tyranny and government anarchy and between the BLM and Antifa riots, the Covid lockdowns this law fair against Trump, and it's not just Trump and his top aids and his supporters that going after parents, the FBI is being sick after parents outraged by gender chaos in schools and the resulting rapes in high school bathrooms. They're going after Christians including a 75-year-old Christian who the Biden, Kamala Justice Department put in prison for preying at an abortion clinic while they give amnesty to the much more deadly and destructive BLM and Antifa and Hamas Riot, the Planned Parenthood, the abortion industry, abortion industry, monopolist, planned Parenthood terrorists who are terrorizing the crisis, pregnancy centers and other pro-life senators, the trans terrorist who are terrorizing Catholic churches, Hamas supporters who are attacking terrorizing Jewish Americans all over America including on college campuses.
Mike Davis (27:19):
It is the Supreme Court, that's our last line of defense and Kamala Harris has made this very clear, we just heard this from Senator Sheldon Whitehouse, the top Democrat on the Senate judiciary subcommittee dealing with the courts that and Brian Fallon going from Demand Justice, a left wing radical group to Kamala's communications director Kamala Harris will destroy the Supreme Court if she wins the presidency. If she wins the presidency, the Democrats will almost certainly win the House and the Senate. They will nuke the legislative filibuster in the Senate, meaning lower the vote threshold for legislation from 60 senators down to 51 or 50 plus the vice president. They will pack the Supreme Court with 4, 5, 6 more left wing radicals. And so instead of having nine justices that we've had for over 150 years, they'll add a bunch of left-wing radicals to the Supreme Court. They'll push out the older conservative justices with their unconstitutional term limits.
Mike Davis (28:26):
So the push out Alito and Clarence Thomas and maybe the Chief Justice and they will destroy our country. The Supreme Court is the last line of defense and if they take control of the Supreme Court, it's game over America. There goes our God-given rights to speak, to worship, to associate, to protect ourselves. And this is not hyperbole. All you have to do is look at what they've done over the last five years. Today's Democrats are not our parents or grandparents Democrats. These are not liberals who love America and just disagree with us on the best way to get there. These are leftist, these are Marxists, they're not even hiding it anymore and they don't love America. They hate America and they're trying to destroy America from within and they're doing this by taking over every institution, universities, even the military. Now corporations, if they take over the Supreme Court, were done as a country because look, these aren't liberals who believe in free speech.
Mike Davis (29:31):
These are leftist who believe in censorship and they use it under the guise of protecting us from misinformation and disinformation. They don't believe in equality, they believe in equity. They want to discriminate against Asian Americans in college admissions. They don't believe in due process under the law. They believe in a politicized and weaponized justice system where they go after their political enemies and protect their political friends. Their masks are off, their covid masks were on their Marxist masks are off, and if they win this presidency and the Senate and the House, they're going to destroy our country. Everything is on the line on November 5th.
Jenny Beth Martin (30:17):
You're exactly right about that. Mike and I want to come back to the Supreme Court, but I want to add something onto what you just were saying many years ago now, I think it was around 2011 or maybe 2012, I was invited to speak at a panel at the University of Washington outside of Seattle. And so I went and I was on this panel with some liberal professors and they had studied the Tea Party movement and decided made all these decisions about what the Tea Party movement was and somehow I was invited to this panel to defend the Tea Party movement and you can imagine the kind of things that they said, it's exactly what you would expect, but I held my own and I've spoken at Harvard, I've spoken at other universities, I can handle those kind of complaints and I get that we're not always going to agree with people and during that time the way that I normally end when I have a sharp disagreement with someone on the other side of the aisle, I'll say, well, look, I understand we disagree, but I think we can agree that we love our country and we appreciate the Constitution and the First Amendment and it gives us this ability to have these very vocal debates and to walk away agreeing to disagree but still love our country and normally in other settings that works just fine and it is a way to walk away without having to worry.
Jenny Beth Martin (31:45):
I might get killed in the parking lot or something. We just, okay, we get it. You're not actually our enemy. We just disagree on the way politics should work. In this particular case, this person who had agitated and asked, rude and pointed questions throughout the meeting who was a student or somebody who lived in the area, he interrupted me when I said this and he had previously during the previous comments talked about how he had, it had to be after 2020, it had to be sometime in 2012 because he said that he had trained with Occupy Wall Street and then he went to California to implement Occupy Wall Street and then in Seattle. And so he had gone through all this training to occupy buildings and basically to create this chaos that Occupy Wall Street was creating. I now looking back on it, think that he was part of Antifa and maybe it wasn't exactly Antifa at the time, but people like him who train like that probably have funneled on into Antifa. That's what I suspect. Okay, so I knew that about him and I'm saying, but we can agree to disagree and we love our country. And he said, no, I hate our country. I hate our way of government. I do not like our constitution. I want to create chaos and replace our form of government with a socialist form of government.
Jenny Beth Martin (33:12):
I was so shocked I never even, I just had not encountered that in my lifetime. I just hadn't encountered where an American is just going, no, I absolutely hate our country and want to completely destroy it so I can replace it. Now, this is a very important moment in my life because I learned so much from that moment about the kind of people we're up against and that's who we've got in the government right now. That same kind of attitude. It is the attitude that they don't like America, they don't like our constitution, they don't respect what our constitution has brought to our country and around the world and they want to destroy it and replace it with a form of government that fails in every single country that it has ever been tried.
Mike Davis (34:00):
That's exactly right. I mean if you look at all these key actors in this law fair against President Trump, if you look at Kamala Harris's backgrounds, they come from Marxism. Kamala Harris' dad was a Marxist professor, judge Tanya shuck and comes from a Marxist family. Fannie Willis comes from a Marxist family. These are Marxists who are trying to destroy our country and people need to wake up to that fact. These aren't liberals who love America and come to the debate in good faith. They're trying to destroy us. And actually this is where Barack Obama was so effective as our first openly Marxist president is that he was able to fill these key jobs in our federal government and recruit people to run for key offices in New York City with Alvin Alvin Bragg, the Soro funded DA Tisch James, Fannie Willis down in Georgia. These are Marxist radicals, Jack Smith, Merrick Arlen's, he took off the mask.
Mike Davis (35:06):
Well, these are Mark Kamala Harris. These are Marxist who are trying to subversively destroy our country from within and they've managed to not only, they took over universities long ago and they've taken over corporations recently. They've managed to take over our military and they do it through this woke indoctrination. They do it under the guise of racism, DEI equity. They don't care about women and minorities. The article project has clearly documented on our website that anytime a Republican president puts up a woman or minority judicial nominee, the Democrats viciously attack and smear that nominee going all the way back to Clarence Thomas, right? Because they can't accept that women and minorities escape their kitchen or their plantation and join the conservative cause. And so they are vicious to women and minorities, but they use women and minority radicals like Kamala Harris, like Tish James, like Judge Tanya Suken like Fannie Willis all over the country. They use these radical Lisa Monaco at the Justice Department, the number two in the Justice Department. They use radical women and minorities as their fronts for their Marxism. And if you dare to question them, you're considered a racist or a sexist or a homophobe or a trans phobe or whatever phobe they want to use. I say to conservatives, I say to Republicans, who gives a damn what they call us? That's
Mike Davis (36:43):
Right. Just do what's right. I get called a racist and a sexist every day. I don't give a damn. I'm going to do my job. That's my superpowers. I don't care.
Jenny Beth Martin (36:55):
Right?
Mike Davis (36:55):
And they know I don't care. I grew up with red hair. We're the lowest people on the totem pole. The gingers we're lower than transgender people right now, so I don't care if people kick me in the face going to keep doing what I do every day, and I actually take it as a badge of honor when they attack me.
Jenny Beth Martin (37:16):
And that's exactly the kind of things I was being called on that panel by the professor sitting right next to at some point, who cares? Who cares? Who cares? I know who I am. I know what's in my heart. The people who I love know what's in my heart and I do my very best to show that I love my fellow American and if they want to throw names at me because they think that's how they can discredit me, I'm not going to stop your names. They're not going to make me quit doing what I do. The Supreme Court really is under unprecedented attack right now, Biden having the evening news events speaking from the Oval Office and from the White House attacking Supreme Court justices by name the term limits which would be completely unconstitutional. All of these things are attacks that we just have never seen before against the court, aren't it they,
Mike Davis (38:15):
Yeah. These are unprecedented Republican assaults, whether it's the law fair against Trump and his top aides and his supporters and his lawyers or these radical assaults on the Supreme Court. They know that if we actually have a rule of law in this country, it gets in the way of their Marxism. They know that our constitution is set up in a way where it's a loan agreement between we the people and our governments, and we loan our federal government specific enumerated and divided powers in exchange for our federal governments protecting our liberties. And that's been flipped on its head over the last 90 years since FDR threatened his radical assault on the Supreme Court, the switching time that saved nine after FDR tried to pack the Supreme Court and he was going to do it if the Supreme Court didn't turn the Constitution on its head and essentially hold that the federal government has all the powers unless the Constitution says otherwise, instead of the federal government only has specific powers that we loan to it in the Constitution.
Mike Davis (39:19):
And it was that assault on judicial independence that created this federal government, this out of control. Federal governments where this federal government has all these powers. It's not supposed to have powers that belong to the states and we the people. And then that power has been consolidated in the executive branch where these unelected unaccountable executive branch bureaucrats that Tony Fauci of the world have this unconstitutional power to write their own laws and to interpret own laws and enforce their own laws and they're not accountable to courts or Congress. Trump's biggest and most consequential accomplishment of his first term was transforming the Supreme Court that's left of center Supreme Courts, the first constitutionalist majority in 90 years. And now that the Supreme Court is starting to tell these dictators in our federal governments and these dictators in these DA offices that they can't do what they're doing now, Biden and Kamala and their Democrat allies want to destroy the Supreme Court.
Mike Davis (40:19):
That's in their way. The Supreme Court stopped them from bankrupting Trump from trying to throw 'em in prison for the rest of his life, from trying to throw him off the ballot and Colorado and Maine, they stopped. The Supreme Court stopped these unelected bureaucrats in the executive branch like at the FTC, from just writing their own laws and interpreting their own laws and enforcing their own laws. And these Marxists and other power craving psychopaths in Washington DC and the executive branch in these DA's offices around the country don't like that. The Supreme Court's stopping them. So they want to destroy the Supreme Courts in their way through unconstitutional term limits to get rid of the older conservative justices through court packing to put on left-wing radicals again. If the Democrats succeed at destroying the Supreme Court, it is game over America, right? We are going to get destroyed as a country and the BLM and Antifa riots and the Covid lockdowns and the Hamas rights that are coming before this election. Those are just a warmup to what these Democrats want to do. They're going to try to take away our guns and then when they take away our, that's how we secure the rest of our God-given rights and we can quickly devolve into Venezuela very fast.
Jenny Beth Martin (41:42):
And when the court was packed in Venezuela since then, I believe that there have been 43,000 cases that went before their Supreme Court or the equivalent of their Supreme Court. And every single one of those cases, everyone agreed with the government. You don't even have a court anymore. You may have a court, a kangaroo court, but you certainly don't have a judicial system or just justice system.
Mike Davis (42:11):
This is what I would say to the Tea Party Patriots, the War Room posse, Trump supporters, other conservatives, even Republicans who don't like Trump. Everything is on the line on November 5th because the Supreme Court is on the line. Kamala is not even pretending right now. She is very clearly going to pack the Supreme Court and destroy the Supreme Court and again, it's game over America if she does that. So people need to understand that they need to get out, they need to vote as early as possible. Bank your vote. Do not wait till election day because if you think the BLM and Antifa riots were bad in 2020, wait till they run Hamas riots in 2024 on election day and scare the hell out of conservatives who want to show up on election day and vote. It's not your patriotic duty to show up on election day and vote. It's your patriotic duty to vote as early as possible along with your friends and your family and your colleagues. Get out and vote as early as possible. Bank your vote.
Jenny Beth Martin (43:13):
And Mike, I completely agree with that, and it is so important that you vote and I agree, vote as early as you can and besides everything with the riots, then your vote was cast and that you cast it and you don't have to worry about anyone else accidentally or on purpose getting your ballot and you only get a provisional ballot which will never be counted. You secure your own vote that way. So I completely agree with you on that. What is it that Article three project does?
Mike Davis (43:46):
Yeah, we do a lot of things. So we started out, I started the Article three project after I left the Senate Judiciary Committee in 2019. I helped President Trump with my boss, Senator Chuck Grassley, the chairman of the Senate Judiciary Committee, the unsung hero of this judicial fight, just truly a rock solid good man along with Mitch McConnell, the Senate majority leader at the time. He gets a lot of grief from conservatives, but he was actually very good on judges between Trump and McConnell and Grassley. Those were the three rock solid people who helped President Trump transform the Supreme Court and the lower federal courts to the first constitutionalist majority in 90 years. And when I ran the Kavanaugh confirmation on the Supreme Court, I saw what we were missing on the rights, and that is someone who had insider experience like I did. I worked in the White House on judges justice department on judges.
Mike Davis (44:41):
I ran Gorsuch's outside effort as his former law clerk, and then I ran Kavanaugh and the lower court judges as the chief counsel for nominations for Grassley on the Senate Judiciary Committee. I saw there was a void during the confirmation where we needed someone with that insider experience who was willing, frankly, a redhead like me who was willing to go out there and fight a good Irish fighter who was willing to street brawl and punch back legally, politically, financially against the left's tactics. We were very successful in helping justice Amy Coney Barrett's confirmation look very easy along with a bunch of other outside groups like yours at the Tea Party Patriots, Jenny Beth, you are truly a hero of this. You've been fantastic and you're the OG for this grassroots stuff. You've been great, thank you. And then what we've been doing for the last more than two years along with the judges, look, we understand at the Article three project we're not going to be able to stop a lot of these Trump or these Biden judges because they control the Senate, but we've been able to stop the really bad ones and we've been able to shine a bright spotlight on Keji Brown Jackson's horrific record on child pornography cases.
Mike Davis (45:53):
She was going to get like six, seven, up to 10 Republican votes, and we got that down to three and it was not a political win for Biden and these Democrats, they confirmed turn ran out of town. We've been stopping some of these lower court judges who are bad. Our big focus over the last two years really filling a void is defending Trump legally and politically on this law firm. We've done over 4,000 media hits. We've done constant social media, we've done constant opinion pieces and we've changed the politics on this lawfare so people understand before when we started, pardon me, people thought Trump was toast and that he was done, and we changed that at the Article three project where we turned lemons into lemonade. The next phase of what we're doing this next battle in this law fair is election integrity. And this is what's so important, what we're doing at the Article three project, and we did this during the law fair, we want to make sure that these judges and election officials and lawyers and observers and other people who are involved with election integrity have the political cover, they need the air cover, they need to do their jobs, and they don't get destroyed by the Democrats including Mark Elias and that whole cabal on the left for doing their jobs and following the law.
Mike Davis (47:14):
So this is a very clear message to judges and election officials and lawyers and observers and others involved in the election. If you follow the law, article three project is going to have your back, and if you don't follow the law, we're going to out swinging legally, politically, financially, and shine a bright light on you so the American people understand what you're doing, like what we're doing right now on the Save Act and where these election officials around the country are letting illegal immigrants and other non-citizens votes illegally in our federal elections. That's unacceptable. We're going to call you out. I don't care if you call me an election denni, I don't care if you threaten to throw me in jail. Good luck. Do it. I don't give a damn. I'll sit in jail because we are going to protect the integrity of this election because everything is on the line on November 5th. Again, if Kamala wins, our country's over because she's going to pack the Supreme Court.
Jenny Beth Martin (48:16):
You are so right, and I'm so glad we have you fighting for all of us, Mike, the work that you do and the Article three project does is so very important. I got to know you when you were working in the Senate, and I always was so impressed with how you could take the information that was publicly available, but synthesize it in a way that makes sense to the general activists or the general public who doesn't know all the ins and outs of what's going on on the Senate and that kind of knowledge. You're right, we were missing that and now you've helped fill that void and I really appreciate that.
Mike Davis (48:53):
I would thank you very much, Jenny Beth, you have been a foot soldier, a general really of this Tea Party movement. Now, the War Room Posse, and I would say this, that Democrats have glass jaws, and I said this when I started the article three projects. I told this to Carl Holtz in the New York Times and he almost fell out of his chair. I am going to take off the gloves and put on my breast knuckles and break the Democrats in the lefts glass jaw legally, politically, and financially. And I think that Republicans, conservatives and other God fearing America loving Patriots need to understand you need to have courage. The Article three project is going to have your back. If you're out there on election integrity, have some courage in who gives a damn if they call you an election denier, if they call you a racist, sexist, trans phobe, homophobe who gives a damn right. Your job is to save our country, and we need to save our country by getting out and voting as early as possible for this next election.
Jenny Beth Martin (50:00):
Mike, thank you very much. Where can people find information about the Article three project and the work that you're doing?
Mike Davis (50:06):
I appreciate that and this is where your audience could be hugely helpful. Obviously, we want donations and small dollars or great to fund is, and that's article three projects.org, article number three, project.org. But more importantly, we need people to take action, and this is where your audience is critical. Go to our action page on there, and that's where we have specific action items including on election integrity, like for example, on the Save Act to tell both your home state senators and your US House representative to demand the save act demand that these states and local governments do not let non-citizens votes in this next election. So you can take action there. Senator Mike Lee has been the champion of that in the Senate. And then if you click on that link on our webpage, it takes you, it tells you all you need to know about each one of these action items, like the save that, and then you click on a button and it patches you through with phone calls to your senators, both of your home state senators, one by one, and then your house rep. It also helps you with emails to email all three of them. It also helps you to do social media, to light them up on social media. And I'll tell you, as someone who works in Grassley's office, I open the mail right out of college too many years ago, that constituents calling their elected members offices and sending emails and sending mail actually works. It is very effective. That's important. You can also donate, you can take action on our action page. You can also follow us on social media.
Jenny Beth Martin (51:45):
Very good. Thank you so much for joining me today, Mike, and we need to just remember, vote, vote very early, and then take action and get involved because we have a republic to save, and it's not going to happen if we sit on the sidelines.
Mike Davis (51:59):
Amen. And we're going to win with addition, not subtraction, RFK Jr. And Tulsi Gabbard and all other former Democrats and people who didn't vote before, we welcome them to this Trump movement.
Jenny Beth Martin (52:13):
Thank you.
Narrator (52:14):
Thank you. The Jenny Beth Show is hosted by Jenny Beth Martin, produced by Kevin Mohan and directed by Luke Livingston. The Jenny Beth Show is a production of Tea Party Patriots action. For more information, visit tea party patriots.org.
Jenny Beth Martin (52:35):
If you like this episode, let me know by hitting the light button or leaving a comment or a five star review. And if you want to be the first to know, every time we drop a new episode, be sure to subscribe and turn on notifications for whichever platform you're listening on. If you do these simple things, it will help the podcast grow, and I really appreciate it. Thank you so much.