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Charlie Kirk is the Founder and President of Turning Point USA, the largest and fastest growing conservative youth activist organization in the country with over 250,000 student members, over 150 full-time staff, and a presence on over 2,000 high school and college campuses nationwide. Charlie is also the Chairman of Students for Trump, which aims to activate one million new college voters on campuses in battleground states in the lead up to the 2020 presidential election. His social media reaches over 100 million people per month and according to Axios, he is one of the "top 10 most engaged" Twitter handles in the world. He is also the host of “The Charlie Kirk Show,” which regularly ranks among the top news shows on Apple podcast charts.
Charlie Kirk and Mike Davis on Presidential Immunity, Corrupt Prosecutors, and Justice Department Reforms Under Trump
Charlie Kirk sits down with Mike Davis to discuss the breaking developments in the Manhattan case against President Trump and Judge Juan Merchan's alleged violation of the Supreme Court's presidential immunity decision. Davis explains why the case represents a direct assault on constitutional governance and outlines potential criminal accountability for prosecutors who weaponized the justice system. The conversation covers the incoming Trump administration's Department of Justice appointments, including Pam Bondi as Attorney General and Kash Patel at the FBI, and explores how conspiracy against rights statutes could be used to hold corrupt officials accountable. Davis also breaks down the constitutional crisis that could emerge if a sitting president faces sentencing and what reforms are needed to prevent future lawfare.
Supreme Court Immunity Decision Violated in Manhattan Case
Mike Davis joins Charlie Kirk to discuss breaking developments in the Manhattan case involving President Trump and Judge Juan Merchan. Davis argues that Merchan directly violated the Supreme Court's presidential immunity decision from June, which established that presidents are immune from criminal prosecution for their official acts. The ruling also made clear that evidence from a president's official acts cannot be used in prosecution.
According to Davis, Alvin Bragg and Judge Merchan allowed testimony from Deputy Chief of Staff Hope Hicks and other officials over Trump's objection, directly contradicting the Supreme Court's ruling. When challenged, prosecutors claimed the evidence was cumulative and harmless, an argument Davis dismisses as nonsense. He predicts the case will be reversed on appeal and argues it should be dismissed due to mistrial.
Davis also raises concerns about judicial corruption, noting that Judge Merchan's adult daughter, Lauren Merchan, is a Democrat consultant and fundraiser profiting from the case. He points out that a former Clinton-appointed judge appeared on CNN and stated that Merchan should have recused himself under New York statute, yet the judge continues to preside over the case.
Constitutional Crisis of a President Under Sentencing Threat
Kirk raises the question of whether President Trump could face sentencing while serving as president. Davis explains that prosecutors want to keep this threat hanging over Trump's head throughout his entire second term—a "sword of Damocles" that could be used to influence presidential decisions. For example, if Trump wanted to cut funding for illegal immigrants in New York City, Alvin Bragg and Judge Merchan could threaten him with sentencing.
Davis argues this would create an unprecedented constitutional crisis. A sitting president cannot be held hostage by a corrupt prosecutor and judge. He believes the Supreme Court will intervene to stop this situation and urges Trump's legal team to move forward quickly with appeals.
When Kirk asks what enforcement would look like, Davis suggests that while authorities might not be crazy enough to try arresting a sitting president and putting him in Rikers Island, there could be a confrontation with the Secret Service if they attempted it. More importantly, the threat of future imprisonment after leaving office would compromise the entire presidency. Davis believes even Chief Justice John Roberts, who wrote the presidential immunity decision, understands this issue transcends Trump and affects the institution of the presidency itself.
Criminal Accountability for Weaponized Prosecutors
Kirk shifts the conversation to potential accountability for out-of-control prosecutors like Fani Willis, asking what criminal codes they could be held accountable under. Davis identifies 18 USC Section 241—conspiracy against rights—as the clearest federal crime applicable to these situations. When prosecutors politicize and weaponize intelligence agencies and law enforcement at every level to go after political enemies for non-crimes, that constitutes a criminal conspiracy against rights.
Davis recommends that the Trump 47 Justice Department open a criminal probe in Fort Pierce, Florida, where the Mar-a-Lago raid occurred. He suggests empaneling a special grand jury to investigate whether Democrat lawyers, prosecutors, agents, operatives, and even judges like Juan Merchan worked together to violate the constitutional rights of President Trump, his top aides like Steve Bannon and Peter Navarro who went to prison, or his supporters on January 6th who were politically persecuted according to the Supreme Court's Fisher decision.
If probable cause exists that these individuals conspired to violate constitutional rights, Davis believes indictments should be brought in Fort Pierce, Florida. He notes the irony that these same individuals who are now seeking preemptive pardons spent four years telling the other side that "nobody is above the law." Davis argues they should lawyer up because if a grand jury finds probable cause they committed crimes, they should face justice and accountability so this lawfare never happens again.
Kirk confirms that conspiracy against rights is the same statute used to prosecute Douglas Mackey for election memes. Davis agrees and notes it was also one of the charges Jack Smith brought against President Trump in the DC January 6th case. This means Jack Smith, Jay Bratt, and the rest of Smith's special counsel team are very familiar with 18 USC Section 241. Davis suggests they may have participated in their own conspiracy against rights when they weaponized federal intelligence agencies and law enforcement to go after Trump, his aides, and supporters. The statute carries up to 10 years in prison, giving these prosecutors reason to worry.
Trump Administration Justice Department Appointments
Davis provides his assessment of key personnel picks for the Trump administration's Department of Justice. He praises Pam Bondi as an outstanding choice for Attorney General, noting her eight years as Florida's Attorney General and the outsider reform perspective she brings to the department.
Todd Blanche, nominated for Deputy Attorney General, was a longtime federal prosecutor in the Southern District of New York and big firm lawyer who gave up his practice to represent Trump during the lawfare campaigns. Davis says Blanche has "bled for President Trump" and earned his position through sacrifice.
Emil Bove, nominated as Blanche's deputy, receives similar praise. John Sauer is tapped for Solicitor General—the attorney who won the presidential immunity case before the Supreme Court and served as the intellectual force behind Trump's legal victories against lawfare.
For the FBI, Kash Patel brings credentials as a former federal defender, National Security attorney who worked at the Obama Justice Department and received awards for his service. Patel worked as senior lawyer on the House Intelligence Committee, served as deputy at the Office of the Director of National Intelligence, was Chief of Staff at the Pentagon, and worked at the National Security Council. Davis believes Patel will bring serious reforms to the FBI.
Davis emphasizes the need for a strong U.S. Attorney in DC to replace Matthew Graves, whom he calls a "left-wing hack" who weaponized the entire office to go after people who trespassed and took selfies on January 6th while giving amnesty to BLM and Antifa rioters who caused more deadly and destructive violence. President Trump ran on ending this lawfare and election interference, won in a landslide, and has a mandate for serious reforms to intelligence agencies and the Justice Department.
Presidential Authority Over U.S. Attorneys and Preventing Sabotage
Kirk asks about the president's authority to fire U.S. Attorneys and who runs these offices in the interim during Senate confirmations. Davis explains that as head of the executive branch, the president has constitutional authority to hire and fire any executive branch employee, including the FBI director and U.S. Attorneys. President Trump, through his Attorney General, can appoint interim or acting U.S. Attorneys while nominees go through the confirmation process.
For U.S. Attorney positions in states, home state senators have veto power through the "blue slip" tradition that has existed for over 100 years. However, in DC there are no senators, so the president should nominate whoever he wants and the Senate should confirm that person quickly to clean out what Davis calls the "rat's nest" of the DC U.S. Attorney's office.
Kirk raises a final concern about preventing a repeat of 2017 when Sally Yates served as acting director and caused problems in Trump's first hours as president. Davis explains that Emil Bove will serve as Principal Associate Deputy Attorney General—the number two to the number two—allowing him to perform the functions of Deputy Attorney General and serve as essentially the acting Attorney General on day one, preventing any sabotage during the transition.
