Clay Breaks Down the WSJ Report on What the FBI Seized at Mar-a-Lago

12 Aug 2022

CLAY: We have spent much of the show discussing the Monday raid on Mar-a-Lago, former president Trump’s residence in West Palm Beach, Florida. There is a report out that has come out in the last 20 or 30 minutes or so from the Wall Street Journal which purports to give us some indication of what exactly may have been taken from Mar-a-Lago as a part of this raid. The headline at the Wall Street Journal — and this is right now a Wall Street Journal exclusive report — is, “FBI Recovered 11 Sets of Classified Documents in Trump Search, Inventory Shows.”

That is the main block headline. Subhead is: “Trump Allies Claim Former President Declassified The Documents Recovered From Mar-a-Lago.” So, you can see how this argument may be setting up to take place. Trump — and maybe we can grab the audio from Kash Patel when he was on our show back in May. When this story started Trump had claimed and the people around Trump claimed, “No, no, no, the president declassified all of these documents already.”

So, there may be a multifaceted legal analysis that we need to go through here based on some of this information that is coming out right now. But let me give you the latest information from the Wall Street Journal, And I’m reading directly from the Wall Street Journal. It says that they “removed 11 sets of classified documents. The Federal Bureau of Investigation took around 20 boxes of items,” I’m reading this directly from the Wall Street Journal, “binders of photos, a handwritten note, and the executive grant of clemency for Mr. Trump’s ally, Roger Stone, a list of items removed from the property shows.

“Also included in the list was information about the quote, president of France, Emmanuel Macron, theoretically, this is on a three-page list. The list is contained in a seven-page document that also includes the warrant which was granted by a federal magistrate judge in Florida,” And I’m continuing to read from this story. Again, this is breaking news, Wall Street Journal. “The list includes references to one set of documents marked as “various classified top secret and sensitive compartmented information.”

It also says, “Agents collected four sets of top-secret documents, three sets of secret documents, and three sets of confidential documents. The list didn’t provide any more details about the substance of the documents.” Okay. So, this is what the Wall Street Journal is reporting. I trust… I was talking earlier about how I have very little trust for the Washington Post, the New York Times, MSNBC, CNN. They were all proven to be so egregiously wrong in their coverage of Trump and Russia collusion that I have zero faith in their sources or in their reporting.

That’s me. Maybe some of you out there have a lot of faith in those four organizations. The Wall Street Journal has been better. I think the Wall Street Journal, among newspapers, is by far the best newspaper in the country today. And I make fun of myself still — this is an old man habit that I have. Every morning I get the actual physical newspapers, and I sit down and I pore over the actual physical newspapers. It is something I’ve loved to do my whole life. And I might be the last man in America who is still getting multiple newspapers delivered to his home.

But I get the Wall Street Journal, I get the New York Times, the Washington Post (audio drop) delivered to my home. So, I read it online. I’m a subscriber to virtually everything. Some of you out there are like, “I don’t know why you’d subscribe to the New York Times or the Washington Post.” Well, the answer is, you need to read everything. You can’t just get in an information silo and only read things that you agree with. Having said that, I love the Wall Street Journal, and my favorite thing that I read in any newspaper is the Wall Street Journal’s editorials, both the newspaper itself editorials and all of their guest columnists.

I think those two pages are the best journalism that exists anywhere in the country, in a newspaper context, on a day-to-day basis. Okay. I also run my own media company still, OutKick — well, it’s not mine anymore. Fox bought it, so I’m kind of plugged in all the time. And I also think we do really good work, plug at OutKick.com where you should be going if you’re not going at all. If you like me, you should be going to OutKick.

If you hate me, you should be going to OutKick because there will be tons of things that you’ll find there every single day that will make you hate me even more. And hopefully you’ll share it with all your friends. So, I spend my time all the time in the media. So, I trust the Wall Street Journal reporting. All right, that’s my media analysis. Now, let me be a lawyer here with you. So, what we’re learning, based on that Wall Street Journal reporting, is a really intriguing battle is setting up.

First of all, you’ve heard me talking this week about criminal prosecutions in general. Most cases require two acts in order to find a criminal violation. They require an act — actus rea — and an intent, a mens rea. There are some tiny number of cases that are strict liability where the intent doesn’t matter. You might be saying, well, what kind of case might that be? If you sleep with someone who’s underage, your intent doesn’t really matter; it’s a strict liability offense.

So, if you’re 18 years old and you sleep with… Well, that’s kind of complicated because you’re still young — let’s say you are 30 and you sleep with someone, and you say she showed me a fake ID that said she was 21, and she was actually 17, that’s strict liability. Your intent doesn’t necessarily matter in most cases, all right? Most of the time cases require actus rea and mens rea.

Anything that Donald Trump, in my understanding of the criminal code, would be charged with would require both of those things. So, if I were Trump’s criminal attorney, I would be arguing, he did not have the intent to violate any law when he took these documents to Mar-a-Lago. One, he may not have even known they were coming, right? ‘Cause again, Buck and I have been pointing out it ain’t like Donald Trump spent a lot of time boxing up, I would imagine, things from the White House.

But, two, associated with this, Trump declassified a massive amount of documents. So, I think there are multi-tiered defenses here. One is there’s no intent, right? There was no intent to actually take these documents out of the White House. Two — and this defense is probably going to be a major battleground in the event that there are attempted to bring criminal charges over this.

Two, Trump has a really good defense that he declassified all of these documents. And, in fact, in the next segment I think we’ll have some audio from Kash Patel who will let you hear — he was on the show with us saying all of this is a big mess that isn’t necessary because Trump declassified these documents that are in question here. So, you can’t say that he had top secret documents because the president of the United States, when he is president, has the ability to declassify documents.

So, Trump has… This is me legally kind of taking you through what the arguments are likely to be, two very strong arguments here. Even in the event there are criminal charges that are brought against him. One is, there was no intent to commit a crime here because he didn’t even necessarily know that these documents came with him. And that, therefore, is no mens rea associated with these crimes. And again, I’m assuming these are not strict liability defenses which most crimes are not.

And I walked you through what a strict liability crime might look like. And the second part of this defense is he declassified all these. So, you can’t argue that he violated any law when, as president, as is his authority to do so, he already declassified all these. Now, these are significant arguments, but it’s part and parcel of what feels like — I know to many of you listening to me right now, what it feels like is this is just a continuation of the deep state conspiracy to take down Donald Trump.

And we have seen the Rachel Maddows of the world so many times say, “Oh, he’s dead to rights, caught now,” and they’ve sold that story to their audience time after time after time and then, man, they are like Charlie Brown running right up, if you remember the old Peanuts comic, they’re really gonna kick that football now, and then Lucy pulls it away at the last minute and they take that big kick and they’re sitting there laying on their back, staring up at the sky, thinking to themselves, “How did he get away again?”

Well, one way he gets away is by not committing a crime in the first place, which is what I think is going to be the clear argument here. And this increasingly, to me, is one of many reasons why Merrick Garland shouldn’t be involved in actually prosecuting this case and why I believe the evidence is starting to suggest quite clearly that our Justice Department wildly overreached in making a decision to go after Donald Trump on Monday with this unprecedented raid on Mar-a-Lago.

When we come back, though, I’ll play you that audio from Kash Patel who’s gonna be on with us Monday to discuss this in greater detail but about Trump declassifying so many of these documents that may well be in question now. And this conversation happened way back in May before there was any major discussion even going on surrounding any of this at all.

BREAK TRANSCRIPT

CLAY: I’m telling you where this story is headed as it pertains to the Mar-a-Lago search. There is going to be a legal battle over whether these were declassified documents or not as part of many different battles that may be fought legally. And I’m here to tell you that the Trump people have been arguing for a long time that Trump declassified a massive amount of documents in terms of his presidency. And the president has the ability to do that.

He has the ability to make that choice so long as he’s president, right? There will be an argument that maybe he tried to it after his president by some people because, although it’s kind of strange to think about, his power to declassify documents he’s involved in ends when his presidency ends. So, he can’t do it after the presidency ends. But Kash Patel is gonna join us Monday, Buck will be back in studio with me, and we will have an interesting conversation with him about this because this was one of his jobs. And before this had emerged as a major controversy like it is now, we had Kash on the show with us in May, and he said this.

PATEL: What he did was on his way out of the White House, he declassified — made available to every American citizen in the world — large volumes of information relating not just to Russiagate, but to national security matters, to the Ukraine impeachment, to his impeachment one, impeachment two.

CLAY: Okay. So that’s a little synopsis of what Kash told us. What I would ask you is this. Does the FBI maybe want to seize these documents because they are afraid of what they prove? I mean, just think about that for a minute. The FBI is arguing, “Oh, there’s major national security issues although play here.” What if there’s also “protect the FBI” issues at play? What if they are worried about Trump having access to these documents because they convey, potentially, complicity involved in the FBI itself? And we don’t know…

We’ve got the report from the Wall Street Journal about exactly what these documents might say. And as you just heard Kash Patel say, there is a strong argument that the Trump people are going to be able to make from a legal perspective that these are declassified documents, in other words, that they are not improperly being held by the president because they were his property and because he had declassified them.

And this is why this is not gonna be some layup, slam-dunk argument from the FBI and the Department of Justice. Now, I want you to watch how this story is conveyed. Most media are not going to mention what we just shared with you, that Trump had declassified a massive amount of documents. They’re just gonna say, oh, there were all these classified documents at Mar-a-Lago. They’re going to accept the truth of the FBI argument. But you, having listened to us, will be smarter than to do that.

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Berenson Has Receipts: White House Demanded Twitter Ban

12 Aug 2022

CLAY: Also want to let you know that there’s a big story. We need to get Alex Berenson on next week to talk about covid-related issues. Alex Berenson has effective receipts from inside of White House briefings where White House officials were asking for Alex Berenson to be banned from Twitter for the data that he was sharing on covid. And then Twitter followed through — which is a form of state action — because they felt pressured by the Joe Biden government.

My new Stack, on the White House’s explicit demand that Twitter ban me, months before it did.

This is state action and a violation of my First Amendment rights, period.

Berenson v. Biden (and Slavitt), coming soon to a federal court near you. https://t.co/IVBWspnKoo

— Alex Berenson (@AlexBerenson) August 12, 2022

So, Joe Biden’s government was trying to censor critics who were sharing covid-related data, and that is out there right now, and I’m sure we will talk with Alex Berenson next week as we continue to break all of that down. You just heard, by the way, from Dr. Oz, who has already texted me to try to get us set up to be present for some of those football games. I’ll get Buck up there. He hadn’t been to a lot of football games in his life.

But I really do want to impress upon that you we need to make sure that in Pennsylvania, we are not allowing internal divisions over a difficult primary… I understand if Dr. Oz was not your guy. You need to make sure that you end up with a situation where you are supporting everyone out there and making sure that you don’t allow John Fetterman — who is a far left-wing loon — to be able to get hooked up with that Senate seat, which is flip and then theoretically allow that scenario to play out where we’re fighting against Joe Biden having control in the Senate.

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Dr. Oz Tells Us Why We Must Beat Fetterman in Pennsylvania

12 Aug 2022

CLAY: We are joined now by Dr. Oz, Senate candidate in Pennsylvania. I appreciate you taking time, Dr. Oz. I know you got a big battle going on up in the state of Pennsylvania. What was your reaction on Monday evening when you became aware that the FBI had raided Mar-a-Lago?

DR. OZ: I was stunned. I mean, you had the Department of Justice empowered to invade the house of a former president. And I tell you, it’s raised a lot more questions than we’ve gotten answers on, and it’s historic in that it’s unprecedented. And I think we all deserve and hopefully will get some answers about what this is all about. But this is what happens in banana republics.

And I trust that in America, we’re not gonna resort to this level of politicization of the process. I witnessed this during covid when, as a doctor, I had really clear insights on what was happening. Other doctors shared my insights. Some didn’t, but there were a lot of ideas. And when you mix politics and medicine, you get politics. So all of a sudden we’re making decisions on medicine based on politics.

Now we’re seemingly making decisions on criminal justice issues likewise. It is frustrating to a lot of folks, but especially layered on top what’s going wrong in the country right now. People get really frustrated ’cause we’re gonna have some close elections coming up. Mine is a good example. I was just in a diner where I was just off in Harrisburg here and, folks, are saying, “What is going on?

“We’re in a recession, people are losing their jobs now — which hadn’t happened in a while — prices are through the roof, my standard of living is plummeting, and why can’t we get the basic decisions right by the Biden administration?” And the guy I’m running against, as you know, is a far-left radical that they’re pouring tons of money into his campaign to pretend like he’s not. But when he’s in there, he’ll do — what… (chuckles) You know, hopefully won’t happen — which is to push Biden even further to the left, make more radical decisions that don’t make sense for the average American.

CLAY: Everybody out there listening right now, we got a monster audience in Pennsylvania, you’re in a bruising primary. And there were people who supported your opponent, and there’s still healing going on. But the guy you’re running against, John Fetterman, is a far-left radical who was being funded by his parents into his thirties and forties who’s really never had a real job. He’s anti-fracking. He’s not healthy. He is in favor of men competing against women in athletics, like we saw happen with Lia Thomas at the University of Pennsylvania. I mean, this guy is far, far left wing, and so far, he’s being able to hide out in his basement and run a Joe Biden 2020 presidential campaign.

DR. OZ: And that’s the shocking element of this for democracy. Forget about Republican, Democrat, independent. The fact that you would have someone who never goes on the campaign trail and let’s his political advising group create an avatar of him, a hollow gram candidate, who’s purposely designed to touch all the right sentiments of the public — and, my goodness, you may never have to leave your home!

Imagine what happens to democracy if candidates don’t have to do what I’m doing which is stop in multiple places every single day. I went 130 stops in July. I’ll do more in August. And I listen to people ’cause you have to. You’re a doctor, right, as you’re trained do. But a politician needs to listen to hear the issues that are most perplexing to your voters, but you gotta give them ideas of what you’re gonna do to fix the problem.

My guy does none of that! Fetterman, as you point out, forget about the Biden approach. He literally doesn’t leave his home, doesn’t say anything publicly that you can do much with, never talks about policy. He thinks snarky tweets are gonna win it, and people in Pennsylvania are finally catching on. I’ll tell you, what happened over the last 24 hours is pretty remarkable.

I accepted five debate requests from the top five people we think in the state that have media businesses here. And we challenged him, “Come to ’em, come to the debates, let Pennsylvania see what you represent. Defend the statements you made in the past, ones that are impossible to pretend weren’t there ’cause they were done on camera.” You know, when you endorse Bernie Sanders and said the two of you are the most progressive candidates in America, and then espouse all the things he does a moratorium on fracking.

The destruction of all private health care kids are in schools where the teachers make the decisions and parents don’t get transparency for this. The buildup of crime in Philadelphia has not in any way slowed his desire, Fetterman’s desire, to release one-third of all prisoners in Pennsylvania. These don’t fit with the values of Pennsylvanians. And then — this is the part that’s important — they character assassinate anyone who gets in their way. And in my case, they tell dishonest stories about me.

But the truth of my life is pretty straightforward. My father grew up on a dirt floor, was allowed to come to America; we lived the American dream. I’m an embodiment of it. And the reason I am running is because I see the American dream not being clearly embraced by many Americans. It is the fundamental secret to our success: Let people work hard, reward them when they work hard, celebrate them for having succeeded, and then pass it on.

And that’s what allows America to continue to thrive. I stand for that. Fetterman, because he’s far-left radical, doesn’t believe that. And as you point out, he’s living off his parents his whole life. is worldview is very different from mine. His worldview is, “Have the government come in and fix the problem.” (chuckling) Well, that it doesn’t work. If it worked, everyone would do it.

CLAY: We’re talking to Dr. Oz, Senate candidate in Pennsylvania for the Republican Party. Is he gonna debate you? What do you expect his response to be?

DR. OZ: I have no idea if he’ll debate me. He hasn’t released any information about his current health crisis. We don’t know what he’s gonna say if he comes on the campaign trail. I can’t understand why he’s so hesitant to do the simple things that any voter would expect to be done. But I think one of the secrets — and I’ll be transparent about this — is he’s having money poured into his campaign, especially from California, New York, and outside of Pennsylvania.

For the reasons I try to emphasize, if you really care about democracy, go to DrOz.com and send me 25 bucks. I’ve put a lot of my own money in the campaign. But the visual, the important reality is if citizens care about democracy, fund the campaign that’s trying to do it the democratic way; that’s talking to people. Don’t throw money at a guy who’s a far-left radical who won’t come out and admit it or talk about anything of substance ’cause you’re gonna create that as your future.

Imagine a world where candidates never leave their home because when you leave your home, you might say something wrong — which, in the case of John Fetterman, is a pretty common thing he’s done. So that’s an understandable fear the Democrats have. And so if you never let the candidates leave home, they can’t make mistakes, you can raise more money so you’re not wasting it campaigning. You just put it on television, pretend you have a candidate that’s legit, and people have to vote based on the commercials. Well, that’s how we buy detergent. It’s not how… That’s not the right way to pick your legislators.

CLAY: Dr. Oz, yesterday’s CDC came out — obviously you’re a medical doctor — and finally said, “Hey, there’s no difference between vaccinated and unvaccinated for covid as it pertains to the way that you should behave or how you should be treated.” I’ve been on the show today teeing off.

I think everybody who lost their job who refused to get the covid shot — maybe because they’re like me, they already had natural immunity, they already had covid; maybe they had other reasons — shouldn’t those people get their jobs back? And I would imagine that’s something you would stand for that certainly, John Fetterman would be opposed to in Pennsylvania?

DR. OZ: I would 100% stand for that. John Fetterman was part of the problem. He was lieutenant governor. He ran with the governor. Both of them together shut down businesses for no rational reason, way beyond what was happening in other states. Pennsylvania is one of the worst results of covid because of his foolish decisions regarding just about every aspect of the pandemic.

And you point out a very important issue that came up with me last week in a big town hall I was doing with vets, and people don’t appreciate this. It’s hard to get and train top-notch people to serve in our Reserves and the military. Right now, they’re on the verge of firing 40 to 50,000 enlisted people because they don’t want to get vaccinated, for the reasons you gave: They already had the virus. Why would I bother?

And they know that young people, young men in particular get a very bad irritation of the heart that can be big problems. And so they don’t want to take that risk of getting vaccinated when the virus itself doesn’t seem to do that as much, and that’s understandable. But why would you discharge someone from armed forces if they’re willing to risk their life to save us because they’re not following your rule which seems, at this point, arbitrary.

CLAY: All right. I know you’ve got a real battle on your hands. And I just can’t impress upon people enough, right now we’ve got a Republican senator in Pennsylvania who you’re trying to poll. This is a potential flip scenario if Democrats are able to win. Right now everybody knows we’re 50-50. Let me know what I can do. I’m happy to come. I know you’re gonna be on the road in the fall around a lot of football stadiums. I’m familiar with those places. We got a lot of Steelers and Eagles and Penn State fans who are longtime fans of what we do here at OutKick and on the Clay and Buck Show. Buck and I will be there. Let us know what we can do to help you make sure that you take down John Fetterman.

DR. OZ: I’ll tell you what, right now, on the air, I’m committing to the weekend before the election, the Eagles are hosting the Steelers.

CLAY: Yeah.

DR. OZ: So doesn’t get any better than that. (laughing)

CLAY: Yeah.

DR. OZ: I’m sure he’ll try to come to the game, and it might be the perfect opportunity because maybe have a debate there and at least it’s something before the people have — Pennsylvanians — get to vote. I’m also going to see the Nittany Lions at Penn State. I’ll be doing some other games as well. So I will track you down. It will be a great honor to have you engaged.

CLAY: I’ll be there. I’ll do whatever I can to help. Your fight is an important one for the nation and certainly for everyone in Pennsylvania. We appreciate the time, Dr. Oz.

DR. OZ: And again, everybody: DrOz.com. Come look at my positions. I’m pretty clear about where Fetterman is, and if you have the ability to engage in our campaign any small amount, it matters. God bless y’all.

CLAY: Thank you. And, by the way, for everybody out there, I understand what it’s like to be in a really hard fought primary and have to come together as a state. That’s difficult. That’s challenging. But you just gotta go look at what John Fetterman stands for. Even if you voted for one of Dr. Oz’s rivals, you have got to show up in Pennsylvania and you’ve gotta prevent that seat from flipping back to Democrat control. Just think what Joe Biden would do. Think what the Democrats in the Senate will do if they get John Fetterman in there.

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Can Novak Djokovic Play in the U.S. Open Now?

12 Aug 2022

CLAY: So we talked about the CDC suddenly coming around and saying, “Oh, by the way, covid is not that big of a threat anymore. Vaccinated versus unvaccinated, there’s no difference in treatment there.” Essentially, the CDC’s new recommendation is what Buck and I have been telling you for a couple of years now, which is: Covid’s not going away, and we have to get back to normal.

Speaking of that, however, Novak Djokovic is not allowed right now to enter the United States and play in the U.S. Open. Some of you out there who are tennis fans will remember this story, but I think that Djokovic deserves a great deal of credit because he’s had covid a couple of times, just like me. And, like me, he’s decided not to get the covid shot. And despite the fact that the CDC is now saying there’s no difference between covid shotted and un-covid shotted — and I’m saying “covid shots” because it’s not really a vaccine because you can still get it.

Saying there’s no real difference there. How in the world can the United States justify not letting Novak Djokovic play in the U.S. Open tennis tournament which starts in New York in a couple of weeks? I think the answer is, they can’t. In fact, it’s indefensible. And if you wonder how indefensible it is, right now on the southern border, there are thousands of people today this program stream into Texas, that will stream in to Arizona, all down along our border. And guess what?

When they cross our southern border, they will not be required to take a covid shot at all. And many of those people will be allowed to enter into our country. So maybe what Novak Djokovic needs to do is just head down to our southern border, get his backpack, put a couple of tennis racquets in the backpack, and wade across the Rio Grande and come right up through the southern border where there’s a very good chance that he could be let into the country without needing to have a covid shot or even being asked about his covid shot.

Because right now if he flies over here from Europe, he’s not allowed to enter the country ’cause he’s not a citizen and he hasn’t gotten the covid shot. Well, now that our own CDC is saying the covid shot doesn’t matter at all, how can we justify that a guy like Djokovic can’t play in the U.S. Open? In larger contexts, how can we justify that anybody has ever lost their job over the covid shot? We need a major platform of the Republican Party for this midterm election that everybody should sign on to in the House and everybody should sign onto in the Senate.

I’m gonna ask Dr. Oz about this ’cause he’s actually a medical doctor. How in the world can we justify anyone who lost their job because of a refusal to get the covid shot, now that we know the covid shot effectively doesn’t work and the CDC itself is acknowledging that there’s no difference between vaccinated and unvaccinated? Again, the vaccine doesn’t work.

But I’d also ask, maybe they could take it a step further, if Republicans take back the House and the Senate and pass a bill that ends all — and I mean all — of the limitations on being sued that Pfizer and Moderna and Johnson & Johnson and all these drug companies got. And/or force, as a part of this bill, Pfizer, Moderna, and Johnson & Johnson to give back all the profits they’ve made for a covid shot that didn’t work.

How about you give all that money back and we use it to give back pay to all the people who got fired because they refused to get your covid shot? These companies made tens of billions of dollars for covid shots that don’t work, by and large — certainly, don’t do what you were told when you were mandated to have to go get them.

Why in the world should they get to keep those tens of billions of dollars in profits? Let’s give ’em to the people that actually lost their jobs for having the courage not to get those covid shots, and let’s open up the country and stop requiring people to get the covid shot to enter. Let people like Novak Djokovic be able to actually play in the U.S. Open. Let’s end this charade once and for all.

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Julie Kelly on the Mar-a-Lago Raid and the Gretchen Whitmer Case

12 Aug 2022

CLAY: Breaking news, Julie. I don’t even know if you have seen this. The Wall Street Journal in the last five minutes or so, 10 minutes or so, has a story up that says the FBI recovered 11 sets of classified documents in their Trump search, inventory shows, and I’m reading directly from this article. I want you guys to be aware of it because I told you I would update you as this info came down.

“The FBI took around 20 boxes of items, binders of photos, a handwritten note, and the executive grant of clemency for Mr. Trump’s ally, Roger Stone, a list of items removed from the property show. Also included in the list of information about the president of France, according to the three-page list. The list is contained in a seven-page document, also includes the warrant to search premises granted by a federal magistrate judge in Florida.”

And Trump people are already saying that the president, who does have the authority to do so, had already declassified all of these documents that have been seized by the FBI. Julie, you came on with us I think a couple weeks ago and said you were virtually certain that the federal government was gonna charge Donald Trump with a crime. Are you even more certain in the wake of the raid on Mar-a-Lago?

KELLY: Oh, I am for sure. But can I ask you to clarify? So, they did not confiscate the nuclear codes from Mar-a-Lago that Trump absconded with? Is that —

CLAY: There is — well, to be fair, the nuclear codes are not mentioned in the Wall Street Journal article here. Now, I will say there is some suggestion that some of these documents were marked top secret, but there’s no reference to the nuclear codes, which of course was what — or nuclear documents, which is what was referenced in the Wall Street Journal story that came out last night.

KELLY: Right. So, this is obviously interesting — an interesting development. As Kash Patel has pointed out numerous times, the president has the authority to declassify anything at any time before he leaves office. If that is the most explosive material that they have confiscated, it doesn’t certainly sound like anything that would threaten the nation’s security or even rise to the level of a serious crime. So, (unintelligible) information, certainly it’s interesting how it’s being pieced together, but I don’t think, if that’s it, and it’s not something more explosive, this is going to justify what Merrick Garland’s DOJ and Christopher Wray’s FBI did on Monday.

CLAY: Yeah. And, by the way, Julie, the article says that there were also agents collected top secret documents, there sets of secret documents, and three sets of confidential documents. Now, I was actually texting with Buck last night, and he was saying — and I think this is gonna come true too — they’re going to say, “Well, this is so top secret we can’t even tell you what we took.” Right?

They’re going to redact whatever information is out there and argue, “Oh, my gosh. This is so top secret we can’t even tell you what he had inside of his home.” Right? Now that would be difficult to prosecute because at some point, they would have to share those top secret documents in order to prove a crime. But just FYI, you didn’t know — I mean, that news just came down the last 10 minutes.

Holy Moly–tuning in to Whitmer trial. FBI agent handling one of the informants admitted a female FBI informant slept in the same hotel room and same bed as Barry Croft, the informant’s target.

This was related to a training exercise in Wisconsin hosted by another FBI informant.

— Julie Kelly 🇺🇸 (@julie_kelly2) August 12, 2022

Shifting gears here. You are covering this Michigan, Gretchen Whitmer kidnapping case, and your tweets about it today have been fascinating to reflect for people out there, refresh for people out there, they initially charged — correct me if I’m wrong, Julie — four defendants. Two of those defendants were acquitted in the initial trial, and now they are charging the two men who got a — they couldn’t reach a result, they had a mistrial, I think, they’re now trying them again. What are you seeing? Am I correct in the legal disposition there of what exactly is going on?

KELLY: There were actually six men charged with inspiring to kidnap Gretchen Whitmer. Two of those men have pleaded guilty. They are cooperating with the government. They testified during the April trial and they will testify again for the government. But, yes, you are correct, two men were acquitted. The other two men, Adam Fox, the alleged ringleader who lives in a basement of a vacuum repair shop in a Grand Rapids strip mall, the alleged ringleader, and another man, Barry Croft, are on re- — a second trial now. Even though I covered most of the first trial, the thing I’m learning in this trial, this new trial that the FBI is talking about — I call it Fednapping hoax, what the FBI did.

FBI agent Richard Trask was a lead investigator in the case. He was fired after being arrested for assaulting his wife in a drunken rage after a swingers party. Here’s video of his arrest (he wasn’t charged with DUI even tho he’s clearly intoxicated)https://t.co/YwKGsy4bBs

— Julie Kelly 🇺🇸 (@julie_kelly2) August 12, 2022

And, you know, the contrast played between what’s coming out in this trial what the FBI did and the admonishment by the FBI not to criticize the agency and the assurances that they are legit, you know, that they are a legit bureau and not working as an enforcement arm of the Democrat Party, these two things are colliding in real time. So, yes, I have tweets up at @julie_kelly2 if people want to check out — I call it my General Hospital. ‘Cause you really could not make up this drama that the FBI put together in 2020 to interfere in the presidential election.

CLAY: Yeah. And, Julie, the idea that the FBI is above reproach, above criticism, when you read what you are reporting is occurring inside of this courtroom, I mean, this is scandalous failure, misbehavior, and just flat-out filled with dishonesty that the FBI was involved in here.

KELLY: Well, exactly right. And what came out today is you had informants who were breaking protocol, breaking basically FBI procedures by, number one, a female informant sleeping in the same hotel bed as Barry Croft, now a defendant, also getting high with him, which, of course, is against FBI protocols. There were other informants who got high with these targets.

The FBI says, “Well, we have to let them play along,” but it’s a clear violation, as one FBI agent confessed today, these informants are not supposed to be doing this. And then you had more — you had the FBI run undercover agents into this operation as this group was starting to splinter. But this was completely manufactured by the FBI. They concocted a fake militia group and lured people into it. They created a Facebook page to lure people into that and then surveil their online activities.

SUPERCUT!

Media: “Dangerous” for anyone to critique our totally upstanding FBI pic.twitter.com/uo2MBGXSJN

— Tom Elliott (@tomselliott) August 11, 2022

They created encrypted chats. Like, this is everything that people on our side suspect about the FBI, especially now related to January 6th, it is coming out once again and even in some more detail in this new trial. I think the government is really gonna regret retrying these two men, especially in a place like western Michigan, which is deep Trump country, and with the backdrop of the Mar-a-Lago raid on Monday, you know, looming very large in this trial.

CLAY: No doubt. We have a monster audience in western Michigan that has been paying a lot of attention to this. I was just up in Michigan all of last week. Hopefully, Tudor Dixon is going to be able to beat Gretchen Whitmer. But what percentage of the stories, Julie, based on covering these trials in the media is actually been true, in your experience, now that you’ve seen what has to be said under oath compared to sort of the feverish nature with which this Gretchen Whitmer kidnapping plot story was covered in the mainstream media?

KELLY: Absolutely zero. None of it was true. In fact, an FBI agent today admitted, the defense attorney directly asked me, “Did you ever have any evidence this was a white supremacist group?” And he said, “No, I did not.” Now, I’m sure you’ll recall on the headline as people were voting in October 2020 when this whole caper, this shocker, kidnap, assassination plot was revealed, that this was it. It was a white supremacist, right-wing militia taking its orders from Donald Trump to try to assassinate and abduct — abduct and assassinate not just Gretchen Whitmer but Ralph Northam too.

That was another part of the FBI’s operation. They tried to entrap another man in Virginia to do the very same thing there that they were doing in Michigan. So, none of it is true, which, Clay, is why the media is completely ignoring it. They ignored the April trial. They’re definitely ignoring this one.

CLAY: Julie, unfortunately, there are still a ton of people who are being held for January 6th crimes in solitary. Every time we have you on, I want to give you an opportunity to share the website where people can donate for these political prisoners. And I think it’s fair to call it (loss of audio) to be able to get the best legal representation that they can. I have donated to your group. How can other people help these political prisoners who don’t have access to strong attorneys to help them?

KELLY: And, Clay, thank you for donating to that group. It was formed by the adoptive aunt of one of the detainees. And I promote it whenever I can. So, it’s PatriotFreedomProject.com, helping to pay for good lawyers and, most importantly, financially support these families who are being completely bankrupted and destroyed by this abusive, vengeful prosecution out of Merrick Garland’s Department of Justice.

CLAY: Julie, thanks so much. And, by the way, you mentioned Kash Patel. He’s gonna be on with us on this show Monday because he’s been saying for a long time even prior to this FBI raid on Mar-a-Lago that this story was — pardon the pun — Trumped up because these documents had been declassified already by Trump as a part of his presidential ability to do so.

KELLY: And this is just part of the optics, Clay, going back to what we just said, part of the optics of trying to build a public case to justify eventual criminal charges against Donald Trump. This is part of their spin. Regardless of what they found, what it’s labeled as, this is to influence the public.

CLAY: No doubt. Julie, appreciate the good work. Follow Julie on Twitter. And again, donate to that cause. We will hopefully talk to you again soon.

KELLY: I hope so. Have a great weekend, Clay. Thanks.

CLAY: Same to you.

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What Pocahontas Says People Told Her She Needs to Be President

12 Aug 2022

CLAY: One person who continues to tell us all sorts of ridiculous lies is our friend Elizabeth Warren, a/k/a Pocahontas herself. Elizabeth Warren is a part of a Politico article, which is interesting in and of itself, that there would be this article coming out right now. But this is the tease for this new Elizabeth Warren Politico article. And it says, “On the plane to New Hampshire the night of the Iowa caucuses, Warren said…”

Elizabeth Warren, a/k/a Pocahontas, a/k/a Miss One… What was it, 1/1024 of her DNA? One of the all-time moments when you could point to everybody being in the bag for Democrats was when Elizabeth Warren came out and said, “See? I really am a narrative American,” and she got her own DNA analyzed, and it showed that she was 1/1024 Native American. That is a… You know, one in a thousand, basically, percentage, clearly, her overall DNA.

This story is even less true than Elizabeth Warren claiming to be Native American. pic.twitter.com/hPVcfS6kG7

— Clay Travis (@ClayTravis) August 12, 2022

And people said, “Oh, what a huge win this is for Elizabeth Warren to prove once and for all that she is Native American,” and then other people were like, “Actually every white person in the United States, on average, has at least that much Native American DNA as a part of their DNA code.” But Elizabeth Warren, a/k/a Pocahontas herself, “said, on the night of the Iowa caucuses,” this is direct quote, “Everyone comes up to me and says, ‘I would vote for you if you had a penis.’”

First of all, that is one billion percent false. I bet there has not ever been anyone who has ever come up to Elizabeth Warren and said, “I would vote for you if you had a penis.” But awfully sexist of the Democrat voters if that is the case, right? Because they’re saying the only reason they didn’t vote for her is because she didn’t get a penis. So maybe Elizabeth Warren needs to think about some surgery going in under the knife, becoming transgender, change her name to something else masculine. Boom. She’d be the next candidate for president for the Democrat Party. That seems to be the only solution to that lie that she is spreading and the awful sexism that exists right now in the Democrat Party.

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CDC Suddenly Decides to Drop Everything on Covid

12 Aug 2022

CLAY: The CDC is another part of Joe Biden’s government that has been an abject failure. I saw Anthony Fauci give an interview in Seattle, I believe it was, where he said that they’re calling it “The Fauci Effect.” All these kids are going to med school now ’cause of Dr. Fauci and what he represents. And I was watching that, and I was thinking to myself, “I wish I could quiz every doctor that I have for the rest of my life and say, ‘Do you think Dr. Fauci did a good job?’

“And if the answer is ‘yes,’ I don’t want that doctor, ’cause you’re not smart enough to handle any issues that I have,” right? Thankfully, I haven’t had to go to the doctor in a long time. But when I have to go to the doctor again, if I just say, “Hey, do you think Fauci did a good job?” And the response is, “I think he did a phenomenal job. I think we should be wearing eight masks.

“I think that Dr. Fauci is the greatest medical practitioner, adviser in the history of our nation,” I don’t ever want to be receiving medical advice from that doctor ever. I would be like, ‘All right, I’m gonna walk right out.” So, the CDC for two and a half years has just been making up things as they went along. And then yesterday they just decide, “Hey, we’re gonna put out some new guidance.” Now, I understand a lot of you out there are like me, and you’re like Buck, and you have long since sworn off paying attention to CDC guidance.

But it is kind of amazing what the CDC said in this newest updated guidance. Here is what some bullet points of what they said in their new guidance. Those exposed to the virus are no longer required to quarantine. Hold on. You told me if I was exposed to the virus, I was supposed to go sit in my house for two weeks. Now you’re saying, “Hey, you know what? Quarantines aren’t necessary. This is the key. Unvaccinated people now have the same guidance as vaccinated people.

This is crazy. For the last year and a half, you’ve been telling me if I didn’t get the covid shot I was gonna die and that we were gonna have a winter of death and that this was only a pandemic of the unvaccinated. And now the CDC, in their own guidance, has come out and said, unvaccinated people have the same guidance as vaccinated people. Remember kids in schools? They can stay in class after being exposed to the virus.

Remember when you were called anti-science if you said, “I don’t know that my kids need to go home for two weeks if somebody who sits at the same lunch table as them got covid. I don’t know if in the classroom somebody who sits at another desk got covid, that my kids need to, sitting close to that boy or girl, have to leave.” We got lectured. How dare you be so anti-science.

Well, now there’s no moving kids out when they get exposed to the virus and — it’s kind of a big deal — remember when you used to say, “Hey, why are we testing people without symptoms?” They’d be like, “You don’t care about my grandma, bro. You don’t care if my grandma dies. That’s on you.” Now it’s no longer recommended to screen those without symptoms. So, remember when they got mad at Trump for saying, “I think we’re testing too much; if you feel fine, why are you getting tested”?

Everything that we have said on this program — and that Buck and I have said publicly — for over two years now, the CDC has the finally agreed with. Remember when they were saying, oh, the Great Barrington Declaration? Remember all those brave scientists and doctors who were actually willing to swim against the tide of mass opinion and say that much of what the CDC was recommending was nonsense? I mean, remember, don’t forget, the CDC said you couldn’t go within six feet of someone else.

That was totally made up. They put tape on the floors and told you you could only walk down one side of a grocery store. They made circles in parks and told you you had to stand inside of them outdoors. They arrested a man on a paddleboard out in the open ocean. They filled in outdoor skate parks so kids wouldn’t skateboard. They took the rims off of basketball goals so kids wouldn’t play basketball.

They took crime scene tape and they put it around playgrounds so your kids wouldn’t swing on the swing set outdoors. They did that everywhere. They did it in my neighborhood. I live in the Nashville area. Williamson County, Tennessee. It’s like the heartbeat of the Republican Party. In my neighborhood, yellow crime scene tape, like, we had just had a mass murder on the playground, they might as well have just chalked out some dead bodies inside to let us know how the danger was going.

My kids couldn’t get on the jungle gym. That’s what they did to us, and now the CDC is just saying, “Our bad. All that was wrong.” Joe Biden, if the Supreme Court hadn’t stood up to him, was going to mandate that anybody who was an employee in the entire nation had to get a covid shot that didn’t work. And tons of people… I’m not even sure we know the total number lost their jobs because they looked at all the data and said, “I already had covid. I don’t think this covid shot makes sense” — or, “I’m young and healthy.”

“I just ran eight miles today. In the military. I think I can handle a sniffle. I don’t think it makes sense for me to get covid shots.” They fired all these peopling. Republicans in the House and the Senate and your staffs who are listening right now, don’t let anyone forget about this. You need to be running in the midterms on the promise that the first vote you will have when you get back in the House and in the Senate is to demand that everyone who lost their job over the covid shot gets that job back with back pay.

And the second vote you should have is to rescind the 87,000 IRS agents that Joe Biden’s party just added to the federal bureaucracy. But the first one needs to be, now that there’s no difference between the vaccinated and the unvaccinated according to the CDC, how can you justify anyone ever having lost their jobs over this at all? It is pure nonsense. And I’m not letting it go. And I know Buck’s not letting it go. But some of your politicians out there, sometimes they need reminding about what the big issues are.

And if you’re forgetting, they put crime scene tape around our playgrounds and said that was normal. And they’re trying to get away with no punishment whatsoever for violating the number one rule that every politician has to survive, and that is this: Are you decent at making decisions? Every single Democrat in this country, every mayor, every governor, every senator, they had the same data that we all saw, and they failed the most important choice of this generation when it came to covid. But now the CDC is just saying, “Yeah, you guys were right.”

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Did Iran Finally Get to Salman Rushdie?

12 Aug 2022

CLAY: In New York, Salman Rushdie was stabbed, reportedly, on the stage as he was preparing to speak. It appears that he is going to be okay. There is someone in custody for that attack. We may have more details about that attack as it progresses throughout the course of the show. I didn’t want to mention it until we officially knew that he was okay, and reports are that he was going to be okay.

But you will remember Salmon Rushdie was the author of a book called The Satanic Verses, among many books that he has written, and a fatwa was put out on him I believe in 1989, and so he has been living under the fatwa that was put on him from Iran. This ties in with the current situation going on in the United States, frankly, where we have recently become aware that Iran was trying to pay to assassinate two different American officials.

I believe John Bolton and also Mike Pompeo were those reported targets that Iran was trying to pay $300,000 to someone to kill those men, and somehow we’re still negotiating with Iran over the nuclear accord there, despite the fact that they are trying to pay to kill American politicians. And maybe we’ll see whether there was any connection to that fatwa that was put out on Salman Rushdie back in 1989 with the attack that happened on him this morning as he was preparing to speak in New York.

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Be Angry, Be Frustrated, But Keep Cool

12 Aug 2022

CLAY: I want to make this clear with what happened in Cincinnati where someone who was deranged attacked the FBI office in Cincinnati. He was killed. I want to make this clear to everyone out there: Don’t. Go. Crazy. I just laid out the whole hour to open here everything that I think is wrong about what the FBI and the Department of Justice has done associated with their investigation of Mar-a-Lago, with why I believe Merrick Garland who personally approved this raid should have to recuse himself.

All of that is very germane to the discussions that we are having right now in our country. But do not behave in a violent fashion. As frustrated and as angry as you might be with the FBI, they are looking for someone or some people to scapegoat and turn into evidence of why they have to be conducting aggressive investigations into Trump supporters. They’re already doing it over January 6th.

We’re gonna talk with Julie Kelly in the next hour about the fact that there’s still being people held in solitary confinement over January 6th and that they almost have not been able to interact with anyone, even attorneys, for year and a half now. And so they are looking constantly for people to scapegoat as Trump deplorables who can’t be trusted. They want to deploy as much counter-intel against domestic terrorists that they possibly can.

Merrick Garland and Christopher Wray — the director of the FBI, and the attorney general — are putting out statements constantly saying that their FBI agents are the greatest and the most fair and they would never do anything improper. You and I know that’s not true. They investigated parents who were speaking out against their kids wearing masks at school boards, people like me, as domestic terrorists.

And so now you want me to believe that the FBI, which we have caught in lies associated with the Russia collusion investigation…? We caught ’em lying in FISA warrants. You want me to believe that this process, this raid of Mar-a-Lago was not political in any way when you’ve previously been called lying in an effort to go after Donald Trump? And when you have been investigating parents who speak out at school board meetings?

You want me to believe that you’ve got my best interests at heart in I’m sorry. The FBI has sold its ability to be considered fair and impartial. When you got Hunter Biden flying across the country to board Air Force One and the FBI has had his laptop for over two years? Buck, I think, sent a tweet — I saw it earlier — while hanging out on the beach. It said:

If only Trump had kept the classified documents on Hunter Biden’s laptop-

Anything on there is safe from the FBI

— Buck Sexton (@BuckSexton) August 12, 2022

The FBI hasn’t been able to figure out what’s going on with Hunter Biden’s laptop. They’ve had it for over two years. Multiple felonies. I am not an expert in FBI investigations, but just based on what I have seen on Hunter Biden’s laptop, there’s multiple felonies. Merrick Garland comes out and says they’re gonna apply the law evenly and without regard for what is involved? And, meanwhile, you got Hunter Biden flying across the country to board Air Force One and going on a family vacation down in South Carolina? I’m sorry if I’m raising maybe a red flag here and saying, “Ahhh, I don’t know that I trust the FBI right now to be fairly and impartially imparting justice upon this country.”

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