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May 14, 2024 46 mins

Americans are feeling it in their wallets right now. It's so bad that even liberal outlets like CNN are asking Joe Biden about it. The problem for Democrats is, Biden has no good answer. Jesse Kelly offers his thoughts on this. Plus, legal updates from Josh Hammer and Sarah Parshall Perry, as well as a primary challenger for Rep. Don Bacon.

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Episode Transcript

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Speaker 1 (00:02):
We're going to talk about the big issue that's affecting you,
affecting all of us.

Speaker 2 (00:06):
Tonight.

Speaker 1 (00:06):
We're going to talk culture wars stuff. We're going to
get involved in a primary tonight. All that and so
much more coming up. And I'm right, you know what
can be a challenge sometimes for you and me.

Speaker 2 (00:26):
Look, I'll make it about me. I don't want to
make about you.

Speaker 1 (00:28):
I don't want to put words in your mouth, but me,
Matt John, the team here at Michael, the team putting
together the show every single night, trying to figure out
exactly what we want to talk about, because there's always
something new, isn't there There's always look, hey, there's always
a new.

Speaker 2 (00:43):
Terrorist attack somewhere.

Speaker 1 (00:44):
There Israel Palestine, things blowing up, the border is bad,
and there's you know, we do talk about all these
things from time to time, But what of the big
issues do we tackle?

Speaker 2 (00:54):
What should we tackle? What's right? What's wrong?

Speaker 1 (00:57):
It's not what people want to hear, what we what's
the right thing to talk? I've been frustrated over and
over and over again recently with the Republican Party. I
know you're going to find that shocking, but my frustration
is only ramping up recently with the Republican Party. Here's
why they're seeing. They're seeming to be less and less

(01:19):
and less in touch with normal people. And I'm not
here to pretend like they ever were majorly in touch
with normal people. But the more I pay attention to
GOP politics at the national level, I'm just I'm mortified
at what they don't talk about versus what they do
talk about. For instance, I want you to look up something.

(01:41):
Here's a little homework assignment for you. I'm not going
to do it for you, because this is going to
be different for everybody, but here's a little homework assignment
you can do, maybe on your phone while you're watching
I'm right right now, you have a congressman, If you
have a GOP congressman where you're at right now, I
want you to go browse their social media account, and
I want you to see how often they have talked

(02:04):
about anti semitism on college campuses. Go check on that,
check and see how much they've talked about that. Now,
obviously nobody's well I shouldn't say nobody. You shouldn't be
pro anti semitism anywhere college campus are anywhere.

Speaker 2 (02:19):
But go check on your congressman. See if they've talked
about anti semitism on.

Speaker 1 (02:23):
IVY League's, on IVY League campuses, they will have said
something about it.

Speaker 2 (02:28):
I guarantee it.

Speaker 1 (02:28):
Okay, but fine, fine, no problem speaking out against anti Semitism.

Speaker 2 (02:32):
Probably a good thing at all times.

Speaker 1 (02:33):
Right now, that same congressmen, go rouse their social media
account and tell me if you've seen them address credit
card debt. Go ahead, give it a little look. Let
me clue you into something. Two things. Two things. One

(02:53):
is a fact, the other one is probably a fact.
The fact is this, Americans are buried and credit card
debt right now. Credit card balances since Biden's election are
through the roof.

Speaker 2 (03:08):
Look at that chart right there. Look at that chart.

Speaker 1 (03:11):
That's American citizens burying themselves in personal debt, high interest debt,
to the point many will never get out. But the
people who are buried that deeply in it, that kind
of credit card debt will negatively affect.

Speaker 2 (03:31):
The entire rest of your life.

Speaker 1 (03:32):
I've seen this a million times in my own life
with people. I know it happens. Look, I'm not passing
any judgment on anybody. You get yourself buried in debt
like that, the rest of your life. Your options are limited,
your homes, your vacations, just everything, everything in.

Speaker 2 (03:48):
Your life is limited.

Speaker 1 (03:49):
You want to go out to eat, maybe some red
lobster to celebrate Mother's Day. Ah, sorry, honey, visa bill's
maxed out. Sorry, you got to make that next payment.
American citizen and have a record number of credit card debt,
go look at your GOP congressman's social media account and
see if he's even mentioned it. And let's talk about

(04:11):
the why, really, because that's the most important thing. It's
not just that you have a maxed out American Express card.
Why do you have a maxed out American Express card?

Speaker 2 (04:19):
Well, here's why, And go check.

Speaker 1 (04:22):
If your GOP congressman addresses this regularly. The American people
are in the very beginning of having their way of
life disintegrate on them.

Speaker 2 (04:34):
You are in the very beginning of this. I'm in
the beginning of this.

Speaker 1 (04:37):
People ask me all the time about debt and inflation,
and they'll ask in this way, and I understand what
they're saying. They're saying, Hey, Jesse, what what does that mean?
We're gonna We're gonna have a crisis. What's it gonna
look like when the debt crisis gets here, Jesse, what's
it gonna be like? When's it gonna be? I get
that all the time. What's it gonna be like? When's

(04:57):
it gonna be? Well, congratulations, you're in it. This is
what it looks like a debt crisis. When you ever
talk about a financial crisis for a nation, what Americans
will typically think about, myself included, we think about things
like the stock market crash, right that's what kicked off
the Great Depression, where everyone woke up one day and

(05:19):
you picked up the New York Times, Oh my god,
we lost everything, and then the country was wiped out.

Speaker 2 (05:24):
We think of a.

Speaker 1 (05:25):
Debt crisis as if it's an event, but it is
not an event. Like most things, it's a process, and
you're in the beginning of it right now. Grocery prices
are up forty percent. That's the bad news. Here's the
worst news. And I'm not trying to bring you down.
We're just talking about where we are. They're not going
back down. This is I hate this. I hate this.

(05:48):
I hate this term that I'm about to use because
it got to be a term they used during COVID,
So I hate this term. But I'm going to just
say it anyway because it's so appropriate. The grocery price
as you see now are the new normal. I feel
dirty even saying that word, but they are. These energy prices,

(06:09):
they're the new normal. This housing market, it's the new normal.

Speaker 2 (06:14):
Now. The housing markets come and go.

Speaker 1 (06:15):
I mean, we may have some relief there, but when
it comes to inflation and debt, this is what it
looks like when a nation spends far more than it
takes in. For long enough, you print enough money, you
keep spending more than we have. Well, there's a consequence
to that. The reason you're standing in the grocery store

(06:37):
with a maxed out credit card putting the burger back
because you can't afford it this week is because of
government spending and printing of money.

Speaker 2 (06:46):
That's a fact. And speaking of the.

Speaker 1 (06:49):
Housing market, what's it look like, Jesse, when's it going
to happen? Well, right now, most Americans, normal Americans, can
no longer afford a home.

Speaker 2 (06:59):
The housing market has been so wrecked. We have young
people who will live out.

Speaker 1 (07:04):
Their lives now differently than their parents did, and not
good differently. There's a very good chance. In fact, I
shouldn't say this is a good chance. I know for
a fact this is happening right now across America. Young
people are staying with their parents, and not staying with
their parents as in a keep the family.

Speaker 2 (07:22):
Unit together thing we're talking.

Speaker 1 (07:25):
Have found a job, maybe a career, maybe even a
husband or a wife, and still living in dad's basement
because houses are now unaffordable for young families in the country. Jesse,
when's again at Getty or what's it look like?

Speaker 2 (07:40):
You're in it? This is what it looks like.

Speaker 1 (07:43):
Restaurants going under, restaurants jacking prices up on people. And
this is another thing. This is another thing I see
a lot now and everyone will relate to this. People
are complaining about a couple things now. They're complaining about
the price of food when they go out to eat,
and they're complaining about tipping. So many restaurants now are

(08:06):
going to automatic tipping. They're demanding more tipping. And so
here's what people don't realize is happening. Everyone is being
squeezed because the crisis is here, and everyone thinks someone
else is doing it. The restaurant owner, this costs are
through the roof. He's sitting there stress and he's looking

(08:27):
at the bills. I how do I make ends?

Speaker 3 (08:29):
Me?

Speaker 2 (08:29):
What do I do about this stuff? So he has
no choice.

Speaker 1 (08:32):
He has to jack prices up, he asked, the jack
price is up, and he has to jack prices up
in an environment where he can't find good employees. Sure,
you can find two or three illegals to wash dishes,
but you can't find outstanding customer service people, waiters, waitresses
talk to a restaurant owner about this.

Speaker 2 (08:50):
So he's jacking price is up.

Speaker 1 (08:51):
He knows his service is getting worse, His employees are
getting worse. So that's the restaurant owner's side of it.
For the waiter, for the waitress.

Speaker 2 (08:59):
To make ends meet.

Speaker 1 (09:00):
Maybe you're in college trying to pay the bills. Maybe
you've had to use it as a fallback job, trying
to make ends meet with the family. You need those tips.

Speaker 2 (09:08):
You got to have those tips. You need the money.

Speaker 1 (09:10):
Times are tough for you too. Inflation's tough for you too.
So you need those automatic tips because people aren't tipping.
Why aren't people tipping? Because they're going through hard times too.
Food costs have gone up. I can't go out to
red lobs, sprint, red lobster and spend one hundred and
fifty dollars, but everyone's being squeezed at all sides. What
does the crisis look like? What does the financial crisis
look like? This is what it looks like.

Speaker 2 (09:31):
You're in it. And the worst part, the worst part
of this.

Speaker 1 (09:36):
Is not that we're in it, not that we're in
the beginning stages of it.

Speaker 2 (09:39):
That would be bad.

Speaker 1 (09:41):
The worst part is really nobody, nobody who's in charge
right now, seems even slightly interested in fixing it.

Speaker 2 (09:51):
In fact, most of.

Speaker 1 (09:52):
Them, you can't even really get them to admit.

Speaker 2 (09:54):
That there's a problem.

Speaker 1 (09:55):
It says, if the Titanic ran into the iceberg and
she's taken on, and the captain and the crew, they
all got together and they looked at it and they're wow,
maybe taking out a lot of water. Anyway, Ah, I'm
sure it's fine, go back to sleep. This ship is awesome,
that's what Look Look at Kim Jeffreys here.

Speaker 4 (10:15):
But two thirds of voters think the economy was better
under President Trump.

Speaker 5 (10:20):
Well, that's just not the case, and we have to
do a better job of laying out the facts that
the economy has dramatically improved under the leadership of President
Joe Biden.

Speaker 2 (10:36):
What about California.

Speaker 1 (10:39):
Maybe you're sitting there thinking I don't live in California.

Speaker 2 (10:41):
Maybe you do live in California.

Speaker 1 (10:42):
But no matter what, you should understand that California is
an incredibly big part of this economy that affects everybody.
California Ports affected everyone, California energy, California, everything. California is
a big part of this nation. California is drowning in debt,
financial crisis on their own.

Speaker 2 (11:00):
To fix it, Well, I don't know.

Speaker 1 (11:01):
Does Gavin Newsom seem interested in fixing it?

Speaker 6 (11:04):
Can we explain to Californians how we move from one
hundred billion dollars surplus to such a significant deficit in
just a matter of a few years.

Speaker 2 (11:11):
Well, it's yeah, we can explain it.

Speaker 7 (11:13):
Three hundred and forty nine billion dollars of unprecedented capital gains.
What we didn't anticipate is these rain bombs in December, January,
February and March, these atmospheric rivers that led to a
federal declaration, that led to FEMA and the irs moving

(11:36):
in a direction where we couldn't collect our taxes until.

Speaker 2 (11:39):
I believe November sixteenth.

Speaker 7 (11:41):
If there was any indication that climate change has impacts
well beyond those that are often promoted. I would consider
our financial delays as just another example of why we
need to tackle them. Another reason I'm looking forward to conversations.

Speaker 2 (12:03):
They're not stopping anything. They're not even slowing down.

Speaker 1 (12:07):
In fact, as you just heard right there, they plan
on ramping up everything that got us into.

Speaker 2 (12:13):
This situation to begin with.

Speaker 1 (12:16):
Look, Joe Biden is starting starting to talk about these things.

Speaker 4 (12:23):
The cost of buying a home in the United States
is double what it was when you look at your
monthly costs from before the pandemic. Real income when you
account for inflation, is actually down since you took office.
Economic growth last week far short of expectations. Consumer confidence
maybe no surprise, is near a two year low with
less than six months to go to election day.

Speaker 3 (12:46):
Are you worried that.

Speaker 4 (12:47):
You're running out of time to turn that around?

Speaker 8 (12:49):
We've already turned around. Look you look at the Michigan
survey for sixty five percent of American people think they're
in good shape economic rate. They think the nation's not
in good shape, but they're personally good shapes. The pulling
data has been wrong all along. No president's had the
run we've had in terms of creating jobs and bringing
down in fashion. It was nine percent when I came
to office. Nine percent.

Speaker 1 (13:13):
You know, we'll set aside the nine percent lie. It's
a lie that you already got called out by by
left the news organizations for that lie. We'll set that aside.
Let's talk about the jobs for just a quick moment.
This is another thing people aren't necessarily realizing. What's happening, Jesse.
When's it going to get here? What's it look like?

Speaker 2 (13:31):
Well, they're talking about jobs a lot. The jobs mverers
aren't that bad.

Speaker 1 (13:34):
Here's Joe Biden bragging about them.

Speaker 4 (13:38):
Why should people here believe that you will succeed at
creating jobs where Trump failed, He's never.

Speaker 8 (13:44):
Succeeded in creating jobs, and I've never failed. I've created
over fifteen million jobs. This isn't the president fifteen million
in three three three quarters years?

Speaker 1 (13:59):
So where do these jobs numbers come from? You don't
feel it, you're stressing. Maybe you've had to take a
second job, gig work. I've so many people who email
me now, Jesse, Now I drive for Uber on the weekend,
trying to make ends meet. Americans are scrambling. So what's
with these jobs numbers? Well, if you dig into them,
you break them down, you'll find out that since Joe

(14:21):
Biden became president, Americans, American citizens have had a net
loss in jobs, tens of thousands of jobs. If it
seems like the jobs market is worse bad for you,
it's because it is. Oh, don't get wrong. There have
been millions of jobs created for foreigners. Almost every job
is gone to a foreigner, all net job gains i've

(14:43):
gone to non citizens.

Speaker 2 (14:46):
What does it look like? When's it gonna get here? Congratulations,
you're in it.

Speaker 1 (14:51):
This is what it looks like, the slow, steady degradation
of our way of life. And this is why we
chose to talk about it tonight. It's why we talk
about it so often. It is the big deal that
is shrinking this nation, crushing the people of this nation. Now,
I don't want to distract your congressman from the anti
semitism on Columbia's campus, But maybe.

Speaker 2 (15:14):
Maybe we keep the big issues, the big issues.

Speaker 1 (15:17):
No, all that may have made you uncomfortable, but I
am right. We have the great Josh Hammer joining us
next to all kinds of lawfare issues we need updated
on and he will do that as he always does.

Speaker 2 (15:30):
Before we get to Josh Hammer.

Speaker 1 (15:32):
Let's talk about coffee. Well, patriotism and coffee. We have
to put our money where our morals are. You do,
and I do, And I admit that I fail on
this many times. I try not to. I try to
be better about where I spend money, where I don't
spend money. No, No, that's a bad company, not Pride month.
I'm out on that.

Speaker 2 (15:51):
Oh it's a bit.

Speaker 1 (15:52):
I try to be better, and I am better than
I have ever been. One of the easiest ways we
can do that is coffee. Man, it's time to start.
I'm waiting in line at that drive through for your coffee.
Get Blackout Coffee delivered to you. The company that loves
this country, loves God and life in America.

Speaker 2 (16:10):
They brag about it.

Speaker 1 (16:11):
They also have the best coffee I've ever tasted in
my life. And they offer twenty percent off your first order.
Twenty percent off Blackoutcoffee dot com slash Jessee twenty percent
off your first order.

Speaker 2 (16:27):
We'll be bad. You know.

Speaker 1 (16:37):
I have a confession to make before I bring in
my buddy Josh Hammer.

Speaker 2 (16:41):
Bob Menendez shouldn't even admit this. It makes me.

Speaker 1 (16:47):
Laugh and I kind of like him, and that let
me explain why he's the ultimate New Jersey politician.

Speaker 2 (16:52):
They're all like this, Like half.

Speaker 1 (16:54):
The New Jersey politicians are still in state prison to
this day. Why is anyone even surprised Bob Menendez got
busted years years ago run an underage truckers down in
the Dominican Do you remember.

Speaker 2 (17:03):
That whole thing? And he somehow got out of that.

Speaker 9 (17:05):
Scut free, And then recently it's just the most New
Jersey thing in the world. Bob Menendez gets caught with
gold bars under his bed, He's got suit jackets in
his closet, stuff full of envelopes of cash.

Speaker 2 (17:20):
It's just the most New.

Speaker 9 (17:21):
Jersey thing ever.

Speaker 1 (17:22):
And he's still part of the Senate. He doesn't appear
to be in a bit.

Speaker 2 (17:24):
Of trouble for this, though.

Speaker 1 (17:25):
It looks like he's gonna go to prison like everyone else.

Speaker 2 (17:28):
Well maybe I don't know to ask Josh about it.

Speaker 1 (17:30):
Joining me now, my buddy Josh Hammer, Host of America
on Trial with Josh Hammer. Josh, what's going on with
slippery Bob?

Speaker 10 (17:40):
You know, Jesse, I want to return to this, but
I want to start off on a related topic that
I will relate to Bob Menendez. I'm not sure if
you've ever been to this really fun sports bar in
Key West, Florida called Irish Kevins, But Irish Kevins is
one of the most fun sports bars that I've probably
ever been to. And you walk into this bar and
they have a lot of people go on stage and

(18:00):
have games on stage, and the host there, who is
Irish kevianies from Ireland, says, what state are you from?
And if the answer is forty nine of the fifty states,
mister Irish Kevin says, welcome. If you say you're from
New Jersey, that he says fu, except he actually says fu.
It's literally the only state that gets that treatment. And
that is New Jersey. I mean, this is Bob Menendez.

(18:21):
This is the home of Tony Soprano. I mean that
is the state of New Jersey. I mean this is
a classic New Jersey case. Now the actual trial here,
turning to the actual legal drama. It's actually happening across
the river in New York City, So it's going to
be in Manhattan. Is it is under the supervision of
the SDN Y The Federal Prosecutor's office there.

Speaker 3 (18:41):
If I were a betting man.

Speaker 10 (18:43):
I think it's probably more likely than not that Bob
Menendez is going to head to the slammer at least
for some time. He might take a plead deal. Who
knows what plea deal might look like here. But he
appears to be caught ridiculously red handed here, Jesse, I
guess not red handed. Maybe gold handed would be the
more accurate him, given the ample gold bars from the
Egyptian governments that they found in his closet.

Speaker 3 (19:06):
Look, the guy is.

Speaker 10 (19:07):
The guy is certainly not lacking in HUTSPA. I mean,
the fact that he is still in Congress is utterly insane.
I mean, who was found with like a Mercedes Benz
convertible from a foreign governments and gold bars is just like, Okay,
I'm gonna stay in Congress.

Speaker 3 (19:21):
I mean, like the whole thing.

Speaker 10 (19:23):
It's really out of like a late night parody skid
or something here. But I mean, he seems to me
to be caught red handed from what I can tell.

Speaker 2 (19:30):
It does.

Speaker 1 (19:31):
Okay, why is he still in the Senate, Josh? Does
it just come down to basic Democrat politics? Unlike Republicans
they would never shoot their own foot.

Speaker 2 (19:39):
Is that what it comes down to.

Speaker 10 (19:41):
Well, you know, the interesting thing is Jesse he's not
ruling out running as an independent, so he basically has
said I'm not going to run for the Democratic party line.
So they had a competitive primary, but he is still
holding out the possibility of actually running as a third
party bid, which should help Republicans obviously. I mean, Republicans
have a long and in frankly inglorious history of never

(20:03):
missing an opportunity, to miss an opportunity, So they'll probably
figure out a way to lose it anyway, even if
he does run. But he actually still might run, and
you know, you kind of throw that into the mix.
Trump had that rally in New Jersey Saturday evening. Some
people are kind of saying, maybe there's a world in
which New Jersey might sort of be in play for
Republicans this fall. Recall that Phil Murphy, the governor of
New Jersey in twenty twenty one, he actually won his

(20:25):
gubera toil race by about three percent. It was like
fifty one to forty eight. So I mean, it's probably
wishful thinking, it's probably fool's gold. But I guess it's
not out of the realm of some possibility.

Speaker 1 (20:36):
Okay, let's move on to a different Democrat who's being
attacked by the Biden administration, Henry Quayar. I believe is
how you say that, I don't know. My spanklish is
not all that up to date.

Speaker 2 (20:47):
What does he do and is he in trouble?

Speaker 10 (20:50):
Yeah, so a similar story here appears to be direct bribery,
or at least that's the allegation. And you know, there's
not literal gold bars in the closet, a base on
the evidence that I have seen. I mean, the prosecutors
have a real case. I mean, recall Jesse. Here we're
dealing with foreign crimes. These are against democratic elected sitting officials,
being brought by a democratic Department of Justice overseen by

(21:12):
Merrick Garland, who was about as partisan a Democrat as
it gets. So just in order to get an indictment
in that situation is a pretty big deal. Because prosecutors
obviously have prosecutorial discretion. They don't have to actually bring
every possible crime that floats across their radar. Now it
appears here that the Azerbaijani government, I guess the Azeri
government to the technical term for it, six hundred thousand

(21:34):
dollars in money that was transferred in exchange for fairly
direct votes. Ozerbaijan is a very wealthy country. They have
a very strong lobbying presence in Washington.

Speaker 2 (21:44):
D C.

Speaker 10 (21:44):
It's a very complicated place. I actually was in Armenia
on a trip last June. Armenia and Ozerbaijan are kind
of art rivals. It's a very terrible war that they've
been on and off in for roughly thirty years now.

Speaker 3 (21:54):
So it's not good.

Speaker 10 (21:55):
And I can tell you again the fact that he
has been indicted in the first place is a very
bad look. But I'm sure that he has no signs
of resigning of resigning excuse me anytime soon. Similar to
Bob Menendez, because Jesse, as you and I know, you know,
there's one rule of ethics for Republicans and there's an
entirely different rule for Democrats.

Speaker 1 (22:14):
Uh ser Byjean, Okay, let's you know what. We're gonna
shift gears, Josh, because we have so much to get to.
Stormy Daniels testified in the Trump trial last week. Michael
Cohen testified today. What's going on with this Trump trial?

Speaker 2 (22:26):
In New York.

Speaker 10 (22:28):
So it's funny because the prosecution has teased Michael Cohen
as their star witness for further essentially over a year.
I mean really ever since Alvin Bragg first dropped this
indictment over a year ago, now in late March early
April twenty twenty three. I mean, it's probably worth reviewing,
just briefly, who Michael Cohen is. Michael Cohen is a

(22:48):
convicted felon, someone who has admitted to lying repeatedly, as
recently as twenty eighteen, twenty nineteen, and in interviews with
The New York Times, he said, oh, the Trump organization,
don Trump himself. They didn't reimburse me for the so
called hush money payments. I did it myself. Now he's
apparently doing a one hundred and eighty degree turn again.
This guy has literally been convicted of a felony for

(23:11):
committing perjury and lying to Congress, lying to federal investigators,
and this is their so called star witness in this case.
But just to make an actual black letter legal point here,
even if everything that Michael Cohen now is saying is
true and that he was lying five or six years ago,
even if all of that is true, this case still
doesn't hold up because in order to actually prove a

(23:32):
federal campaign finance violation under federal election law, you have
to prove that the money in question was solely, exclusively
and unambiguously for the purpose of helping that candidates get
across the finish line. But you have to basically prove,
beyond a reasonable doubt that's a criminal threshold, that there
was no other possible motive in the world. So, put

(23:54):
another way, if Trump's lawyers can show that he cared
at all about protecting his son, Baron Baron Trump from
the embarrassment of this whole story, if Trump's lawyers can
show that Trump himself cared at all about protecting his
marriage and shielding millennia, if they can show any of that,
then the prosecution's case failed.

Speaker 3 (24:11):
So I don't think that this is going to go anywhere.

Speaker 2 (24:13):
Again.

Speaker 10 (24:14):
It's good for headlines, it's good for Alvin Bragg's political career.
This is how you advance up the Democratic Party ladder
in New York State. You bring these ridiculous charges, but
legally speaking, it's completely mirrorless, and all Trump needs is
one juror to go wobbly, and then he's off.

Speaker 3 (24:27):
He's off plug at that.

Speaker 1 (24:28):
Point, Okay, where's he going to find that juror in
Lower Manhattan?

Speaker 10 (24:34):
So admittedly, a I think it's basically a coin flip.
I think at this point it's close to a coin
flip as to whether as to whether he's convicted or
a quick year.

Speaker 3 (24:42):
You only need one. Now Here is what I say.

Speaker 10 (24:45):
If you go back and you look at it at
the bios, the biographies of the twelve jurors, I recall
her being one juror who dabbled in truth Social, said
that she got some news from truth Social was on
the New York Post op ed page. Sometimes you might
find it there Ternatively what I have said, And admittedly
I don't fully believe this, but it's at least some
cost for optimism. Two of the twelve jurors are lawyers.

(25:08):
One's a corporate lawyer, one's a civil litigator. Now again,
they're lawyers in New York City. So if that's your
only variable, if that's your only data point, then you
assume without other data, that they're probably liberal. However, Jesse,
this case is so glaringly flawed from a black letter
legal perspective, there are statute of limitation issues.

Speaker 3 (25:25):
There's a structural reason why it's flawed.

Speaker 10 (25:27):
And so far as Alvin Bragg is a local dishit
attorney ultimately bring federal charges dubious a best whether he
even has that ability to do that in the first place.
So it's flawed for so many reasons that any lawyer
who went to law school back in that first year
when you learn the law, should be asking some glaring questions.
So what I've been saying on America on Trial, my
daily podcast with the first is that for a juror

(25:49):
who is a lawyer, they might be asking some very
basic questions to the prosecution, and all you need is
one of them to go wobbly and then Trump gets off.

Speaker 1 (25:58):
All right, let's Rich Gears again to Hunter Biden. Got
some news last week about the federal charges he's facing.

Speaker 2 (26:05):
Is Hunter Biden going to the clink?

Speaker 10 (26:08):
So too early to say, But what I can tell
you is that I can be even more definitive than
Bob Menendez and say that Hunter Biden is beyond guilty
based on the evidence that I have seen and based
on the statues that he has been charged with. Here,
I mean how do I know that Hunter Biden is
guilty of purchasing and transporting in interstate commerce a firearm
while being an unlawful user of narcotics? How do I

(26:31):
know that, Jesse, because Hunter Biden told the world that
he literally put that in his memoir. I mean, I
don't know who the heck thought that was a good idea,
whether it was an editor or a publicist or an agent.
He probably should have had a lawyer telling him you
probably shouldn't do this. But I mean, the evidence is
right there for everyone to see. They found the revolver
the pistol last year. I think it had some cocaine residue,

(26:53):
want and have memory serves. I think he's dead to
rights honestly. Now again, this is going to be a
test for our justice system. Is Biden actually going to
face a clear trial that I don't know the answer to.

Speaker 3 (27:04):
I really don't.

Speaker 10 (27:05):
I'm hardened by the fact that that the special Counsel
David Weiss was ultimately able to bring these charges in
the first place. I'm harder by the fact that Merrick
Garland ultimately did not tell him to shush, shush, go away,
don't bring anything. But you never know I mean, there
might be some surreptitious, sneaky, sneaky stuff going on behind
the scenes here, but based on the actual conduct and
the statutes, he really does appear to eviolate the statutes.

Speaker 2 (27:30):
Oh, Hunter Biden, what a gym he is?

Speaker 1 (27:33):
America on trial with Josh Hammer. Go download it every day, Josh,
my brother, thank you as always, all right, give culture
war stuff next. I see a little pept up again today.
You know why I'm so pepped up. It's because I
keep sleeping for like nine ten hours a night, solid,
not getting up.

Speaker 2 (27:53):
I don't even wake up to roll over. Why, Who
have you heard a dream? Powder?

Speaker 1 (27:59):
The stuff's amazing. Beam is the name of the company.
And you know, yeah, there's all kinds of things out
there to sleep. Now you take this to sleep, take
that to sleep, and every one of them that I've
ever taken. I wake up and I'm half dead, and
I'm half dead the rest of the day. I don't
feel refreshed. I don't feel good. Beam's got all this natural.
It's just all natural magnesium things like that.

Speaker 2 (28:19):
Pour it in a little thing of milk, warm it up.

Speaker 1 (28:22):
It's a cinnamon hot chocolate essentially that I sip on
before bed, and you just kind of drift off to
the best sleep ever. But you don't wake up feeling
half dead and groggy, one eye closed.

Speaker 2 (28:34):
You wake up ready to go. You want sleep like that, go.

Speaker 1 (28:39):
To Shopbeam dot com slash Jesse Kelly and get yourself
some dream powder forty off Shopbeam dot com slash Jesse Kelly.

Speaker 2 (28:50):
We'll be back.

Speaker 1 (29:00):
Well, these culture war battles end up in the courts
most of the time, and a lot of the big
ones that are out there right now, they're getting to the.

Speaker 2 (29:07):
Big boy court, all the way to the Supreme Court.
And I'm not a lawyer, and I don't know anything
about all this legal stuff.

Speaker 1 (29:13):
So we have to talk to Sarah about it, because
she's going to get us educated. Joining me now, Sarah
Marshall Perry, Senior legal Fellow at the Great Heritage Foundation,
of course, former Senior Council US Department of Education. Okay, Sarah,
what's going to the Supreme Court and what do we
think about it?

Speaker 11 (29:29):
Well, we've actually got seven cases right now, seven federal
cases and an eighth about to be filed that are
challenging the Biden administration's vast rewrite of a fifty two
year old civil rights law that protects equality and education.

Speaker 2 (29:46):
Between the sexes.

Speaker 3 (29:47):
Title nine.

Speaker 11 (29:48):
Now everyone thinks of Title nine as being the college
sports rule, but in fact sports weren't added to Title
nine's provisions until later, three years after it's a option.

Speaker 3 (30:00):
But what we've.

Speaker 11 (30:01):
Seen is essentially a blowback or revolt in largely Republican
led states of really epic proportions. I think this administration
has overestimated that expanding the definition of sex, which has
always been understood in federal law to mean male and female,
to include gender identity naturally puts transgender identified males up

(30:25):
against biological females, not only in bathrooms, locker rooms, dorm rooms,
and housing accommodations, but perhaps most critically, in sports. And
the Biden administration has told America that sports are not
included in this rule, but the plain text of the
rule mentioning athletics and extracurricular activities, indicates distinctly otherwise, so

(30:50):
we know that sports are for all intents and purposes
on the chopping block as well.

Speaker 2 (30:57):
Okay, Sarah.

Speaker 1 (30:59):
Given the makeup of the Supreme Court, this seems like
it's one that would obviously go our way to an
untrained eye like myself, but you have the trained eye.

Speaker 2 (31:08):
Are we worried about how they're going to roll on this?

Speaker 3 (31:11):
I'm really not.

Speaker 11 (31:12):
And here's why I think, regardless of whether or not,
we look distinctly at the term sex. And of course,
we have one of the justices Katanji Jackson Brown, who
herself said she didn't know in her Senate confirmation testimony
whether or not she could identify what a woman was
because she was quote not a doctor, which I find
a little bit fallacious.

Speaker 3 (31:34):
But nevertheless, what.

Speaker 11 (31:35):
This particular Supreme Court has been concerned with is an
overreach on the part of the executive administration. Remember that
the Biden administration has already had its ears pinned back
on quite a number of decisions in which it's taken
purported federal authority under one statute and expanded it to

(31:56):
be able to shoehorn through its own particular pet policy agendas.
For example, I give you West Virginia versus EPA, in
which the Supreme Court said you cannot use the Clean
Air Act to force millions of dollars in carbon emissions
taps on top of every corporation in America. They struck

(32:17):
down the CDC's a fiction moratorium during the COVID pandemic.
They did the same for the national OSHA vaccine mandate.
So this is a particular Supreme Court that does not
like it when the federal government takes more power to
itself than the underlying statute permits. And to redefine the

(32:38):
definition of sex in a fifty two year old federal.

Speaker 3 (32:42):
Civil rights statute that, by.

Speaker 11 (32:43):
The way, was amended twice, at which point they could
have expanded the definition of sex to include gender identity.
But to skirt the boundaries of congressional amendment and basically
take from thin air definition of sex that's never been
supported in a reading of this statute is really beyond

(33:05):
the pale and something I believe these particular justices are
going to be very concerned.

Speaker 2 (33:10):
With Sarah on a macro level.

Speaker 1 (33:14):
I remember we used to talk about Obama doing this
exact same thing. He would just assert all this executive
authority orders here, orders, their orders there, and then the
courts would of course shoot down ninety percent of his stuff,
but not one hundred percent of his stuff.

Speaker 2 (33:27):
So in the end, the ball does move left. Are
we seeing the same thing with Biden?

Speaker 3 (33:33):
No?

Speaker 11 (33:34):
And I'll tell you why, because Biden has followed the
procedural letter of the law by following something called the
Administrative Procedure Act. In other words, they've gone through a
process called rulemaking, and that is a process by which
any executive agency in the federal government makes a new
interpretation of one of its purportedly ambiguous provisions in federal law,

(33:58):
and of course, in this particular instance, under the definition
of sex as it has always been understood in federal
civil rights law. They've gone through the process of soliciting
comments from the public, and in fact, we're inundated with
nearly two hundred and forty thousand public comments, which is
more than any other federal rulemaking has ever received in

(34:20):
the history of agency rulemaking. So they've gone through the
motions of actually making this particular interpretation look like it
passes legal muster by making sure they went through notice
and comment, making sure that they issued fifteen hundred pages
of regulatory explanation. But regardless, in the end, this Supreme

(34:43):
Court is going to be I believe, distinctly skeptical of
these particularly aggressive approaches.

Speaker 1 (34:51):
Sarah, you mentioned earlier to wrap this up here, you
mentioned the red states have been particularly aggressive with this administration.
Are you seeing this ramp up as just kind of
a general rule for the Red States? What I'm essentially
asking Sarah, and hoping to be honest with you. Are
Red States starting to join together and push back harder
and more than they ever have against all the craziness.

Speaker 3 (35:14):
Yeah, one hundred percent.

Speaker 11 (35:16):
And particularly as concerns this particular rulemaking, we know that
these state superintendents of schools and the state governors and
even the local education associations have really had enough of
these sexual politics that's been coming down from the Department
of Education. We're seeing essentially the queering of American classrooms,

(35:36):
and it's orchestrated at the top levels by this.

Speaker 3 (35:39):
Department of Education.

Speaker 11 (35:41):
Remember, we have federal agencies in other offices who are
telling us that gender quote affirming care is life saving,
says the man in the dress who's in the number
two slot at the Department of Health and Human Services.
We've seen the exact same thing from Miguel Cardona, Secretary
of Education, come coming down from the Department of Education.

(36:02):
This is the way that they shoehorn a hard left
sexual politic through the entire body of American education. And
so I think what we're seeing now is the exhibition
of character and courage on a lot of the governor's
parts and a lot.

Speaker 3 (36:17):
Of these state superintendents of school parts.

Speaker 11 (36:20):
We've already seen Oklahoma, Texas, and Florida come out all
of their governors say we will not abide by this
federal law. We've seen no fewer than seventeen superintendents of
schools banded together and submit letters to the Department of
Education saying we are not going to comply with this.
Whether or not you hold our federal funding hostage doesn't matter,

(36:42):
as long as we have the opportunity to protect girls
and women in education. And that is I think, not
only gratifying. I'm hoping it's the kind of courage that
is contagious and we see more of that in the future.

Speaker 1 (36:55):
Yeah, fingers crossed for that, Sarah. That was outstanding. Please
come back and join us stand in time. Thank you,
Thank you so much. I feel so much smarter now.
Before we go, we have other things to do. We
have to get involved in a primary. The general election
you skip or you participate in, I'm sorry, is less
important than the primary you skipped. Primaries matter more than

(37:18):
general elections. We're going to get involved in one next.
Before we do that, we're going to get involved in
your time share. No, I don't want to stay at
your time share. Thank you, I appreciate it, but I
just want you to get out of it.

Speaker 2 (37:29):
I know you want out.

Speaker 1 (37:31):
Everyone's trying to cut costs right now, especially because the
annual fees of doubled special assessments. You can't even get
in the stupid thing anymore, and everyone wants out of them.

Speaker 2 (37:40):
Well, lone Star Transfer will get you out.

Speaker 1 (37:43):
The time share company is not going to let you out.
They'll lie, they'll tell you you're in it for life.
But lone Star Transfer is the family business, the family
business with an A plus rating from the Better Business
Bureau that gets people legally impermanently.

Speaker 2 (37:58):
Out ninety nine of the time.

Speaker 1 (38:01):
Sound good, call them, just call them eight four four
three one zero two six four six.

Speaker 2 (38:09):
They're wonderful people. They'll get you out, all right, we'll
be back.

Speaker 1 (38:21):
The general election you attend, you vote in, is less
important than the primary. You skip twenty five percent Republican
participation in primaries nationally as an embarrassment and a disgrace,
And until that number changes, we will not save the
United States of America.

Speaker 2 (38:38):
So, Jossie, what do I do?

Speaker 1 (38:39):
Well, here's when you can get involved in Bacon out
of Nebraska. He is a Republican congressman, one of the
biggest turds in Congress, routinely screws over you and your values.
And there's a solid human being running against him. You
want to hear from this guy, Dan Frye joins us
now running agains. It's the famous, infamous Don Bacon. You

(39:02):
know his name if you watch this show. All right, Dan,
why are you running against that piece of trash?

Speaker 6 (39:07):
Well, Jesse, I don't know what else I can add
to that. You summed it up pretty well right there,
and I could not agree more that the primary that
you skip is far more important than the general election
that you'll ever vote in. The primary is where we
start to take out this garbage. It's where we start
to get things, where we've actually got some alternatives that

(39:28):
are going to make a difference in DC. And if
we don't fix it at the primary, then you might
as well just accept the fact that you're going to
get two more years or six more years of the
same junk that we've been getting for decades now, Dan, why.

Speaker 1 (39:45):
Do people like don get elected in places like Nebraska?
And I'm not pointing any fingers at Nebraska. My state
of Texas is famous for this. South Carolina, the Dakota
is these red states, these beat and Potato states, America
type states. They picked the biggest losers to send to
Congress in the Senate. And I don't understand it. How
did this guy wheezle his way through the Nebraska primary

(40:08):
and into the Congress.

Speaker 6 (40:10):
Well, what you have to understand is that when Congressman
Bacon first got to Nebraska, he ran as an individual
that was going to go and he was going to
cut spending. He was going to cut the debt and
the deficit. He was going to get the border under
control of all of those things were a part.

Speaker 2 (40:24):
Of this platform. He's delivered on none of it.

Speaker 6 (40:28):
But the problem that we've got is that once they're elected,
they become entrenched. They have the money necessary to control
the narrative. So it's hard to get rid of them
once you realized what you've put into office. So again,
when that happens, it becomes even more imperative that you've
got to get involved in this primary election you've got

(40:49):
to listen to what's actually taken place. But they end
up with a war chest going into a primary once
they're elected, and that's hard to overcome. That's hard to beat.

Speaker 2 (41:00):
You running. What got you all fired up and into
this thing?

Speaker 6 (41:03):
Well, here's the reality of what's gotten this to where
we're at today. I did this ten years ago, back
when the Tea Party was alive and well, and we
had a very similar congressman at the time, and his
name was Lee Terry, and Lee Terry had been there
for eight terms, sixteen years, and the people of Nebraska

(41:24):
were just tired. They were tired of Lee taking his
marching orders from what was at that point in time,
John Bayner and Lee Lee stopped listening to his constituents.
We were still feeling the after effects of bailing out
the auto industry, We were still feeling the after effects of.

Speaker 2 (41:38):
Bailing out the banks.

Speaker 6 (41:40):
The government had just taken over the healthcare industry, and
it was uncertain, It was unclear as to what kind
of healthcare were we going to have. Where we're going
to repeal this, where we're going to replace Obamacare, what
was happening with it and Jesse at the time we
had tens of thousands of people a year crossing our
border and nobody was doing anything about it. They were
crossing the border illegally, and we were seventeen trillion dollars

(42:02):
in debt. I had two grandchildren and one on the
way at the time, and at that point in time
I looked at this and said this isn't sustainable. We
can't continue down this path.

Speaker 2 (42:12):
So I ran for office.

Speaker 6 (42:14):
And what was interesting is we had a very similar
situation to what we've got right now. We were at
spent twenty to one. We felt two point nine percent
short of flipping the vote because once we got to
the constituents, once we got to the voters, they were upset,
they were ready for a change, and we again.

Speaker 2 (42:36):
That race right there.

Speaker 6 (42:37):
There was only one other race in that election cycle
that was any closer.

Speaker 2 (42:39):
You may remember it.

Speaker 6 (42:41):
It was when Dave Bratt beat Eric Canter, the sitting
speaker for the Republicans.

Speaker 2 (42:48):
It was a great night.

Speaker 6 (42:50):
And again, being out spent twenty to one, we felt
two point nine percent short.

Speaker 2 (42:55):
So it can be done.

Speaker 6 (42:56):
You've got to get out there and you've got to
get going. And you asked what made me get involved
in this race. If you look at what motivated me
ten years ago and where we're at today, every one
of those metrics are are far worse today than they
were ten years ago. And at that time I had
two grandchildren and one on the way. I've now got ten.

(43:18):
So I think it's worthy of sounding the alarm that says, folks,
we're headed for a fiscal cliff like we've never seen before.
If we don't fix it soon, it's not going to
be recoverable. We've got a full blown border invasion on
our southern border and no one's doing anything about it.
And I'm tired of listening to the Republican Party say
you need a new president. We need to get a

(43:38):
new president. No, you don't take the constitutional authority and
powers that you've got in the power of the purse
and fix this mess. If you've got a if you've
got a president that doesn't want to cooperate with you,
you have control of the purse. You control what happens.
It was it was Justice Scalia that it said the
House is the most powerful brand of the government because

(44:02):
they control the purse strings.

Speaker 2 (44:03):
So if you.

Speaker 6 (44:04):
Don't like what's happening, stop funding it. But we don't
have anybody in the House, at least not from Nebraska
that's got the courage to lead. So it's time that
we send individuals to DC that will actually do something
rather than to talk about it.

Speaker 2 (44:20):
So that website, so people go support you. What's your website.

Speaker 6 (44:24):
It's Fry the number four Nebraska dot com. It's f
r Ei the number four Nebraska dot com. Here's where
we're at. We love where we're at right now. We've
got a ground game that is second to nine. I've
never seen so many volunteers in a campaign. We're touching
tens of thousands of doors in this campaign. We're going

(44:46):
to be outspent, but we're not going to be outworked.
We like where we're at. We believe that Don Bacon
has served his last term in office, so you know,
we're feeling pretty good about where we're at.

Speaker 1 (45:00):
I love this freaking guy, Fry for Nebraska dot com.
The election is tomorrow, Dan, I will be watching the
results roll in with baited breath, probably not as nervous
as you and your family. Fingers crossed prayers for you
and yours. My friend, go get him, go freaking get him.
That's what I'm talking about get involved, lighten the mood.

Speaker 2 (45:18):
Next. All right, it's time to lighten the mood.

Speaker 1 (45:29):
And nothing lightens my mood than some good old fashioned
defiance of ridiculous government rules. So guy in California gets
a boat. These dirty comedies don't let him he's not
allowed to park his boat in the driveway and tell
him he's.

Speaker 2 (45:43):
Got to have it fenced in. He's got a fence
in his boat.

Speaker 1 (45:46):
So in one of the all time spie moves, I
just love this. The dude he puts his boat in
his driveway and he puts up fence like he's required
to do.

Speaker 2 (45:56):
And as you see right there, he hates it. Well,
what the picture shows you, You go, buddy, live free
or die. All right, I'll see them all mm hmmmmmm
m m hm
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