Sponsor Message and Introduction to Pro-Life Values and Biblical Worldview
Jenna Ellis We would like to take a moment to thank our sponsor, PreBorn. When a mother meets her baby on ultrasound and hears their heartbeat, it's a divine connection. And the majority of the time she will choose life. But she can't do it without our help. Preborn needs us, the pro life community, to come alongside her. One ultrasound is just $28 and to donate, dial pound250 and say the keyword baby or visit preborn.com afr Jenna Ellis in the morning on American Family. Radio
Jenna Ellis I love talking about the things of God. Because of truth and the biblical worldview.
The U.S. Constitution's Obligation to Preserve God-Given Rights
The U.S. constitution obligates our government to preserve and protect the rights that our founders recognize come from God our creator, not our government. I believe that scripture in the Bible is very clear that God is the one that raised up each of you. And God has allowed us to be brought here to this specific moment in time. This is Jenna Ellis in the morning.
Jenna Ellis Good morning.
Importance of Voting in Midterms and Political Campaign Activities
It is Tuesday, October 27th, because we are rapidly heading toward the midterms one week from today. So make a plan to get out and vote if you have not already. It's so important for Christians to engage in our, in our civil government and exercise our responsibility and duty and obligation to participate in government. And you know, the, the candidates across the country are really gearing things up. President Trump has been, traversing the country doing rallies, even, Barack Obama has been getting out for the Democrats. And Bill Clinton, was here in Florida with the Democrat candidate for, for governor. And so it seems like everyone is trying this last minute sort of push to see if they can turn out their base. And that's really what it's all about, is turnout and people who actually come to the polls. So what do we anticipate, at least for the evangelical turnout potentially? Well, let's welcome in Todd Starnes, who is our good friend, radio, host, Newsmax, host and author, a lot of titles.
Discussion of October Surprises and Campaign Effectiveness
Todd Stearns, Calm and Todd, you know, as you're watching everything going on, there's been a lot of October surprises as well. I don't think, really any of them have landed, particularly James, Comey got indicted yesterday. We'll talk about that a little bit later on in the show yet again. So, that's maybe this time some accountability. But, do you think any of this has been successful between the rallies, the campaign ads, the push, the October surprises, has been effective to actually push, people to get out and vote.
Republican Campaigning Excitement and Early Voting Trends
Todd Starnes Well, good morning Jenna. And I've been out on a national book tour, also campaigning for a lot of the candidates in California. Was just down in Texas last week, and today I'm in Georgia. And I really do believe there is some excitement on the Republican side of the aisle. whether or not that translates into victories remains to be seen. You know, I find it fascinating. for example, in Georgia, they're saying, well, the Democrats are outpacing Republicans at the polls. that's what the headlines are. But it's all conjecture because there's no way of truly knowing how many Democrats and how many Republicans are actually coming out and voting. I will say this. In Tennessee, my home state, we are having near record levels of early voting. So regardless, people are getting out and they're engaging the political process. it just. We may just have to wait until election day, to, you know, when they start counting the votes to really find out, you know, exactly who went to the polls. But I'm feeling pretty encouraged.
Effectiveness of Presidential Rallies and Polling Data Concerns
I think the rallies have been a really, a brilliant stroke by the president because it does show that the base of the party is still there. It's energized. there was a massive turnout in Corinth, Mississippi yesterday, and thousands of people even turned out along the city streets just to watch the motorcade pass by. So I think there really is some excitement that we are not seeing being reported by the. By the media on the national level and also by these polls, which, once again, you know, I told our listeners two months ago, I prepared them, I said, don't believe a single news story that comes out between now and election Day, and do not believe any of the polling data. you just get your blessed assurance out to the poll and vote on election Day.
Jenna Ellis That is great advice. Absolutely. Because polls, I mean, there are some honest pollsters, a few, you know, people who actually genuinely want to take the pulse of the country and see what. Where people are at and, you know, provide good information.
The Bandwagon Fallacy of Polls and Historical Election Inaccuracies
But polls, you know, I've said for a long time, tend to be bandwagon fallacies. And, when it seems like an inevitable conclusion that candidate A or B will win, then it can suppress the turnout, either for that candidate because, you know, hey, they're going to win anyway, or against him going, well, it's a lost cause, and it's never over until it's over. And so, regardless of, you know, what we're seeing in the news, regardless of what, some of the conventional polls are saying, because we've also seen the polls be Very, very wrong in recent history and in the past. I mean, that's why we have President Trump in the White House and why we had him in, 2016 as well. And, what do you think also will be the impact, Todd, of the redistricting that happened?
Impact of Redistricting on Political Races, Particularly in Tennessee
Because I'm not hearing a ton of about that in the news in terms of, the Democrats being, you know, really frustrated that redistricting is somehow going to give Republicans the edge. But that was the story, you know, kind of for a while when all of these legislatures, were going through some of these redistricting fights.
Todd Starnes Well, we are hearing some information, some scuttlebutt about that, especially in Tennessee, where the lines were redrawn to, get rid of the one Democrat district, Congressman Steve Cohen. and so as a result, Memphis, which is the bluest part of Tennessee, was broken up into three congressional districts. there has been massive turnout at the polls and a lot of people are attributing that to the redistricting.
Speculation on Tennessee Congressional Seats and Independent Candidates
So the question then is, will that be enough for the Democrats to maintain control of that one congressional seat? There is some speculation that the Democrats are coming out in force in Tennessee and if that is the case, they could actually pick up an additional congressional seat. That's going to be a long shot. I think the Republicans are going to be able to hold out, and pull off a win there. But again, it's the great unknown. And so we'll have to see how all that plays out. Also in Tennessee, you've got a situation where an independent candidate, a guy by the name of David Hatley, is self funding his campaign for governor, which is expected to draw away a number of votes from Marsha Blackburn, who is the senator running for governor as the Republican. And it could be just enough to give the Democrat a win in Tennessee. So again, I've been encouraging people don't mess around here. you know, you need to get behind your Republican candidates, at least you kind of figure out what they believe in.
The Seriousness of Political Engagement and Party Platforms
but don't be messing around with independence. this is pretty serious business here as we fight off the communist insurgency in America.
Jenna Ellis Yeah. And you know, and speaking of that and voting your values and getting behind, you know, the best possible candidate, who actually has an opportunity to win. And unfortunately, I mean, we do live in a, in a two party system right now. I mean, there may be very special, races where it's possible that an independent will win or, you know, there's always some local races, that aren't, aren't partisan. And so you may have, you know, a multiple candidates that actually have an opportunity to win. But on races like that, you know, it's very clear where the party stand, where the individual candidates stand and what will inevitably happen, for example, if the Republicans maintain control of Congress versus if the Democrats, regain control. Then we heard even yesterday, Hakeem Jeffries telling a reporter that they plan immediately to file impeachment, papers against Secretary of War Pete Hegseth. I mean, it.
Critique of Democratic Strategies and Retribution Tactics
Which is just such another, you know, distraction. It's their same playbook. It's not anything that's actually helping. Yeah, I thought this was supposed to be affordability for the Democrats. I mean, that doesn't help affordability, but it just shows that they campaign and say one thing, and then all it is, is about retribution for, Republicans and for anyone who has supported Trump. And.
Jenna Ellis And that's also what Senator Slotkin said as well. And she went viral, Todd, for saying that, no graduates should ever work, for Republicans, otherwise they're going to be, basically targeted by the Democrats. I'm paraphrasing, but that was the thrust of, the clip that went viral at a conference she was speaking at. I mean, that's what the Democrats are all about.
Christian Turnout Concerns and Contrasting Church Engagement
And so when we're talking about evangelical turnout and Christians engaging the vote, it's really frustrating, I think, to see some of the data that suggests that there is in the double digits, percentage of Christians that plan to just stay home.
Todd Starnes Well, this has been one of the biggest problems in my home state of Tennessee, especially in the Memphis area, where the white evangelical churches overwhelmingly have disengaged from the culture fight. they just simply refuse to talk about issues. Even election day. they won't talk about it. Meanwhile, black liberal churches and the mainline Protestant liberal churches have literally become ground zero for all of the Democrat candidates. As a matter of fact, there was one large, black mega church in Memphis hosting AOC and, a black congressional candidate by the name of Justin Pearson, who prays to Mother God. And the pastor of that church actually got up and shouted that Jesus was the socialist, therefore we should all be socialists. And the congregation cheered and gave the pastor a standing ovation. You know, it really is imperative for the evangelical churches, to engage the culture.
The Importance of Evangelical Churches Engaging in Culture
You know, we're to be salt and light. we can't hide our light under a bushel, as we learned in Sunday school. We've got to get out there and we've got to speak truth to the Culture. And when we don't, bad things happen. And I wrote about this in my brand new book called the Golden Age How Trump Saved America.
Cultural Issues, Immigration, and the Significance of Voting
And it was really a cautionary tale about, yeah, the country was saved, but you know what, we can fall over that cliff again if we're not too careful. Jenna.
Jenna Ellis Yeah, yeah, 100%. And you know, and this is where again, the issues need to be made at the fore that really influence and impact America and impact, our culture. And when we are concerned as Christians about fighting the culture wars, not just domestically, but also, with the culture that we're importing. I mean, we talk about things like mass, deportations, closing the border, looking at the cautionary tale that is France right now, and seeing, you know, what's going on in Europe with this, importation of Islamists and, you know, everything that's, that's going on there, then we have to purposefully correlate that to why we go to the ballot box. I mean, these aren't just issues that we talk about and that we, you know, fight in between elections. this actually matters when we're electing people who will get to determine, whether it's, you know, border enforcement, like we determined the last presidential election, or whether it's Congress that will actually legislate. Well, and hopefully, if Republicans maintain control, they'll do, some good legislation like, ah, actually passing the SAVE act. And you know, if we could possibly increase the, the percentage and the seats in the majority, the House and the Senate, then that would have passed.
Pastors' Role in Educating Congregations About Voting
I mean, this is why elections matter. And it's, it's sort of shocking to me. Todd, and we've been talking about this for, you know, the last several weeks here as well, that a lot of pastors won't engage these topics because somehow, you know, they, they don't have this direct correlation to say how you vote actually does determine the future of America. And the, the admonition that I have for pastors is you really need to take advantage of this next week. You have one more Sunday before elections.
Special Program on 'The Golden Age: How Trump Saved America' at Reagan Library
Use that opportunity to speak to your congregations.
Todd Starnes Yes, and I really, I really plead with pastors to do that. and I think people are going to be surprised, you know, at the change in the culture, you know, if churches actually reengage. Jenna, I have to share this kind of exciting news. last week we pray pre taped a one hour special, at the Reagan Presidential Library in Simi Valley, California. And, it's all based on the new book The Golden Age, How Trump Saved America. And, it'll be aired tonight and folks can watch that, on the Reagan Presidential Library website. It's absolutely free of charge. And it was really a lot of fun to talk about ideas involving faith and freedom and also exploring the role that Ronald Reagan played in saving America, creating, this idea of making America great again. That was originally a Ronald Reagan campaign slogan.
Drawing Courage from Past Leaders and the Importance of Voting
And so it was just a great honor to be invited to be a part of the Reagan Presidential Library and, would encourage folks to watch our special tonight.
Jenna Ellis That's amazing. Well, I'll be watching it. That sounds so fascinating. And it's, you know, it's so great to see great American heritage like that. And I think that that when we can look at some of the heroes of, of the past and you know, see some of the presidents who did a great job, and that pushed for, you know, conservative and biblical values, then we can take courage to say we need to have more of that in our future, in America as well. And so it can, be very patriotic and I hope will also encourage people to get out and vote and to say, you know, this country is worth saving. It is worth, returning back to a moral premise and we were founded on. And, that'll be really amazing. Todd Starn.
Prediction on Republican Control of the House and Senate
So, thanks so much and we're almost out of time, but last question for you as well. you know, if you, if you had to guess on the polls right now, you said that there's, there's encouraging, you know, turnout and there's some, you know, some reason for Republicans and conservatives, to be encouraged. So is it your prediction at this point that that Republicans will maintain control of the House or where do you, you land?
Todd Starnes Yeah, I'm, and I've been, I have not really wavered from this position. I do believe the Republicans are going to maintain control of the House and the Senate.
Republican Election Success Dependent on Voter Turnout
but look, a lot of all of this depends on whether or not the Republicans get out to vote. So if these are Republican votes, and Republicans show up on election day, then yes, I believe we're going to win. And we may even pick up a few seats as well as well.
Jenna Ellis Well, that is really encouraging. So Todd Starnes, really appreciate it and his brand new book is the Golden Age.
Program Outro and Follow Information for Todd Starnes
And also you can follow [email protected] and we will be right back with more here on Jenna Ellis in the Morning.
Listener Support Appeal for American Family Radio and the Podcast
Hi.
Jenna Ellis M. I'm Jenna Ellis. Did you know that this content is listener supported without people like you, this podcast would not exist. And that's why we need you. A generous monthly gift of any amount will help sustain American Family Radio, and specifically this podcast. Please consider becoming a monthly financial partner today by visiting afr.netforward/give. That's afr.netgive. welcome back to Jenna Ellis in the Morning on American Family Radio.
Jenna Ellis Welcome back.
Brazil's Election Results and Implications for U.S. Foreign Policy
Well, Brazil has just re elected its left wing president, Silva, in a closely contested election against conservative Flavio Bolsonaro, the son of former President Bolsonaro. And lua won approximately 52% of the vote, ending a remarkable streak of seven consecutive conservative presidential victories across Latin America over the past 18 months. And while this might seem like just a domestic political story in Brazil, the implications for the United States are significant. Because Brazil is Latin America's largest economy, a major trading partner with China, and a country with enormous reserves of critical minerals essential to American technology, manufacturing and national defense. So President Trump has been working to strengthen American influence throughout the Western Hemisphere, particularly when it comes to combating drug cartels, reducing dependence on China, and establishing stronger economics and security partnerships. This is one of the reasons why I personally think that the Democrats are specifically saying that if they if they retake control of the House, they're going to target Secretary of War Pete Hegseth for impeachment, because they don't like what President Trump has been doing to strengthen American influence. but the new Brazil president has resisted some of those efforts, and his reelection raises important questions about the future of American influence in that region. So meanwhile, Bolsonaro is challenging the election results and President Trump has also raised concerns about how the votes were counted. So what does this election actually mean for American national security, our economic interests, and the growing geopolitical competition between the United States and China? Well, let's welcome in Scott Ulinger, who is a retired CIA officer.
Analysis of Alleged Election Interference in Brazil and U.S. Response Options
And Scott, a lot to talk about. Let's, let's break this down. Yes.
Scott Uehlinger Yeah, it's obviously this is, really unfortunate because this seems to be blatant, election interference. I mean, Lula lost round one by 10 million votes. And actually what happened was the Brazilian system has a separate court for separate tribunal for election running elections. It's called the Supreme Election Tribunal, the tse. And the judge who happened to be Lula's personal attorney wasn't even a judge in the tsc. He's just m. He's unlike the Supreme Court. And he basically interfered with the election. I mean, it's absolutely against, like, the Brazilian constitution and everything. So it's really blatant. And it puts the United States in a difficult position because, as you mentioned, which is very true, you know, Brazil is very involved with China. And so, I think that that may slow some of the US Reaction a little bit because, you know, you don't want to maybe go all out on criticizing Brazil. But on the other hand, I can imagine that someone like Secretary of State Rubio is absolutely furious about this and, you know, some options that are open to the United States later on. And I think this would start to happen after the midterms, after we win the midterms. I agree with your earlier guest is that, you. You recall the ambassador. You recall the U.S. ambassador. You could even close their embassy, the Brazilian embassy in the United States, definitely. You could do something like cancel all visas, and even look at tariffs, increased tariffs on Brazilian exports. But, of course, you have to keep in mind that you don't necessarily want to throw Brazil into the arms of China. But at the same time, maybe by taking some strong moves, you can also encourage the Brazilian people to basically start demonstrating. And all because I think from what I've been reading of some of the social media in Brazil, the people are very demoralized in Brazil. Understandably, they're human.
Balancing Ideological Alignment with Practical Diplomacy in Foreign Policy
there has not been a very loud outcry because it's just so blatant and dictatorial that, like, it's really kind of, you know, it's really demoralized people.
Jenna Ellis Yeah, which. Which makes sense. I mean, that's why election integrity is so important, in any country. And so how should the Trump administration balance supporting ideologically aligned conservative leaders with the practical necessity of working with governments that even if they question the integrity of that election, now are in power and share our political values? And obviously, the America first foreign policy.
Scott Uehlinger Well, I mean, that's always been a question in U.S. foreign policy. And it's. And one thing that. And it's ironic because it was always the leftists in America that criticized the United States. They always criticized the United States in the Cold War days and before for our willingness to, quote, cozy up to dictators as long as they were anti communist. now, of course, you know, the liberals want us to cozy up to a dictator because that's effectively what Lula is. He's a dictator. I mean, you know, he was president before Bolsonaro, and now he's president after Bolsonaro, the father not the son. And so, usually the United States would pursue a policy of, well, you know, we may be behind closed doors, we might say some things.
President Trump's Approach to Challenging Election Irregularities Abroad
We would be unhappy with the election results, but we would be forced to, kind of negotiate or, continue our normal diplomatic relations. But luckily, I would say luckily, President Trump doesn't think that way. And he is going to. I think certainly there's a greater chance of him standing up and calling a spade a spade than any previous US administration. Going back 100 years. He's willing to. To stand up and say this is wrong. Now, he might not. Maybe he'll, you know, frame it as well, that. Not that Lula is illegitimate, but maybe he'll soften it by saying, okay, well, we need to conduct new elections, because of irregularities. In other words, don't just say that Lulu cheated. even in the NewSong York Times, which is obviously a leftist publication, has basically said that, yeah, the election was stolen. And there certainly is a case. And as I pointed out, they, violated your own constitution. There's a case for this to be, you know, to be.
Market Reactions and Bolsonaro's Response to Brazilian Election Results
To do it over. And so that is, I think legitimate, a legitimate kind of thing that Trump will be looking at. You know, the Brazilian markets are already down at least 15% on this news, for obvious reasons. I mean, markets don't like this kind of stuff. And so the Brazilian economy is already taking a hit. And already this talk about, you know, of course there'll be, you know, a lot of the Brazilian millionaires and stuff will be bailing out of the country, of course. But I think that. Well, the latest I saw, you know, there's some conflicting things. I'm not sure if Bolsonaro conceded. He initially had not conceded the election.
Bolsonaro's Legal Actions and Lula's Past Corruption Conviction
I just saw a report that maybe he did. I'm not sure about that. But he is basically threatening a lawsuit, a civil lawsuit against Lula, instead of necessarily calling for annulment of the election, because he knows that he's on thin ice with this administration in Brazil, because they've already said that they want his passport because, it's not one day after the election when immediately he's a criminal because he associated with some lawyer who is accused of stealing money. And keep in mind, by the way, that Lula himself is a criminal. He was sentenced to prison for, like, I think 12 years for corruption, and he was never. And due to some irregularities, like some legal status, he was not acquitted, but he basically, got like, a stay of, sentence. So he wasn't acquitted of his crimes. He was guilty of. Of ah, corruption, ah, in Brazil, I mean, sentenced to 12 years. It's just that he never served the sentence.
Similarities Between Brazilian and U.S. Election Integrity Concerns
Jenna Ellis It's remarkable how all of this, feels like if you just exchange, you know, some of the names out, it would sound like the recent, elections in America. I mean, you know, it's. It's really, bizarre actually to see how much election integrity, matters not just to the United States and how, you know, challenges. One of the things that we learned out of the 2020 election was, how much more robust the appeals process needs to be, and the ability for, you know, not just on the presidential level, but, throughout all of the election, systems that we need to be able to have, all of the data be able to file timely and actually ah, significant appeals that are meritorious, obviously, but, you know, ones that will be taken seriously. And so, So where, where is Brazil on, you know, all of that? Because if this is potentially a violation of their constit, and yet, Bolsonaro isn't specifically challenging it, just filing the civil suit. I mean, it sounds like a lot of their election integrity processes may need to change as well.
The Judiciary as an Adversary and Calls for Judicial Reform
Scott Uehlinger Yeah, I mean, because. Because again, just like in, in El Salvador and other places in the United States, the main. The main, enemy of the people is the judiciary. Because that's what's happened and that's what's happening in America, and that's what has happened down there. I mean, and, you know, this, fascist judge down there just says, oh, well, by the way, you know, 20% of the polling places which favor Lula anyway, well, they can stay open. You know, forget about the other 80% that were already closed that they couldn't reopen. I mean, they just do whatever they want. They run roughshod and make a mockery of their country's constitution. The same way that we have these, traitorous judges in the United States that do the same kind of thing in the United States. And so, you know, this shows.
Judicial Outrages and Proposed Reforms Regarding Judges
This shows that. And hopefully this will start happening, after the midterms is there needs to be massive, revision, meaning impeachment of judges in the US we need to get rid of these criminals. I just read, I just read something I'm sure every Marine in the country is going to just love this. Is that, the, that illegal alien who. Who desecrated, an Iwo Jima statue. I guess, on. On,
Jenna Ellis I saw that the base.
Scott Uehlinger Right. Actually kind of begs the question, what was the illegal alien doing on the base? But I don't know the answer to that question. But who decapitated, one of the heads of the statues? He was released on $2,500 bond by his, I think, new US citizen judge. You know, I'm sick and tired of that too. The fact that we have so many judges who literally are naturalized Americans. They need to change that law that, you know, basically naturalized Americans cannot serve as judges. I mean, this person was, you know, living in another country eight years ago, and suddenly they're letting people who desecrate Marine The Core statues walk free. So, that's just the latest judicial outrage we're seeing. And it's clear that that is one main things that needs to be addressed when you're trying to fix election fraud.
The Importance of Judicial Appointments and Legislative Action
Jenna Ellis Yeah, 100%. I mean, and this is also why elections are so important, because judicial appointments matter and, you know, all of these things to secure that Americans decide Americans future. I mean, this is why the SAVE act should have been passed overwhelmingly in Congress. And it's, it's unfortunate that the Senate didn't get there. But, hopefully if there is an increase in Republican control of the Senate, maybe, that can be passed in the next two years ahead of the 2028 election.
Strategic Importance of Brazil's Rare Earth Minerals and China's Influence
I mean, all of these things are so important. and one of the other m. Most critical aspects of this story in Brazil is Brazil's enormous reserves of rare earth minerals. And so, you know, these resources are really strategically important to the United States, especially for our military and defense industries. And so China has, as you've mentioned on this program before, has spent years expanding its economic influence throughout Latin America. So how does Lula's reelection potentially strengthen China's position in the region? And what, should the Trump administration's response be to that? because obviously President Trump has been very concerned, for years, even going back to his first administration about China.
Scott Uehlinger Right. Well, like the problem is, is that, you know, Lula already has a cozy relationship with China. He always did, when he was president before, you know, whatever, 10 years ago or so more.
Navigating Brazil's Relationship with China and U.S. Diplomatic Strategy
So that is a problem. And, given that status of that relationship, Trump is going to have to be very, is going to have to be careful because he's going to have to balance between very forceful diplomacy with basically an illegitimate regime or how to deal with an illegitimate regime. He's going to have to balance that with the fact that. But we don't want to drive Brazil further into the arms of China, by alienating it. So there's a fine line. But on the other hand, if we don't push the illegitimacy of this government, then basically all these deeds go unpunished. So it's a very difficult question. But I also have confidence that Rubio will know how to pursue this. And, you know, President Trump, I think absolutely, will be deferring to Rubio. He will be following Rubio's advice.
The Significance of Foreign Policy and Conservative Messaging
Rubio will come up with a good plan to handle Brazil the right way, and then Trump will, we'll see the logic of that, and then hopefully we'll move forward and it'll be, an improved situation.
Jenna Ellis Yeah. And, you know, things like this, I feel like these top line, issues that are in the media, I mean, there was a lot of coverage, of course, of the Brazil election, but, you know, I haven't seen on the mainstream, even conservative media, in the mainstream, a really great analysis like this of why all of this matters. I mean, this is in real time. I mean, why presidential elections matter, why the midterms matter. And we're talking about, you know, getting out and voting your values. I mean, these are things that Republicans should be talking about and saying, you know, look, if you want to maintain, you know, our. Our, relationship, you know, with Brazil, in the best way possible, we want to keep holding off China. I mean, this is why foreign policy matters. And yes, you know, affordability, all that stuff.
Improving Conservative Media Messaging on Foreign Policy Importance
Domestic issues, I think Republicans need to definitely address, and maybe a little more clearly than, than the White House has currently been doing. But, I think President Trump has done a great job, going out to rallies and supporting, you know, specific candidates in, in various elections. But things like this, I feel like there needs to be better messaging, from conservative media on why some of these things matter. Because, Scott, when you're talking about, you know, all of these things, I'm thinking I'm really grateful we have a Secretary of State Rubio, instead of, you know, whoever Kamala Harris might have appointed that would have actually been in favor of China and helping. I mean, we had Beijing, Biden for a while, and so, you know, where. Where can we do better, messaging? I think in just. Just in explaining, like you're doing, why these things ultimately matter and why it's so critical to have conservatives in office.
Scott Uehlinger Well, one good. Well, one good thing is that, what I've already seen on X is there have been.
Lessons from Global Events and the Call for Conservative Action
There have been quite a few Voices, that I follow that have been basically, you know, analyzing this and seeing basically what I've been saying. So that's a good thing. So, and I'm hoping that that, that you know, that will continue and gain a momentum of its own and will basically drive home the message to Americans right now at this point in time, that this is what lies ahead. It's very interesting that we have all these harbingers of doom, all the chaos in Europe and now this latest thing in Brazil is basically it's the Lord showing us, okay, this is what you guys are looking at if you don't you know, vote the right way. And so I'm hoping that this, this will be a second big message for the American people and that they will go out and vote and prevent the same kind of thing happening in the United States. And I think that that will happen because I really think that this is an example of how the Lord is basically showing, showing us the way.
Jenna Ellis Yeah. So well said and we've got to take a break here but Scott Youling are so appreciated and it's so true. I mean we can look at the examples and the bad examples of other nations right now. What they've been doing, how they have not been premised, even founded and certainly not following a biblical worldview.
The Importance of Biblical Worldview and Christian Leadership
They haven't been exercising the powers of government legitimately. They have you know, all of these problems and issues especially like, like importing their demise and people from other countries that don't even share Western values, much less the biblical values America was founded upon. And this is why it's so important to select and prefer Christians as our leaders. As our first Supreme Court chief, ah, Justice Jon Jay once said, so it's so important get out and vote, be involved in civil society and make sure that we are involved in keeping America the best possible, union that we can. And we will be right back with more.
Preborn's Mission: Offering Hope and Support to Pregnant Mothers
We're living in a defining moment in history. Today a woman facing an unexpected pregnancy can order the abortion pill online, often before anyone has had the chance to tell her she is loved, that she's not alone or that there is hope. That's why you are needed right now. You were made for this moment. At ah, preborn network clinics, mothers are welcomed with compassion, practical support and a free ultrasound. And when she sees her baby and hears that tiny heartbeat for the very first time, fear often gives way to hope. In fact, more than 80% of abortion vulnerable women choose life after seeing their baby on an ultrasound at a PreBorn Network clinic. That one moment can save a baby's life and open a mother's heart to the hope of Jesus Christ. This is our moment to stand. For those who cannot speak for themselves, just $28 provides one life saving ultrasound.
Call to Action: Support Preborn's Life-Saving Efforts
$140 helps rescue five babies. Please don't wait. Dial pound 250 and say the keyword baby. That's pound 250 baby or give [email protected] afr that's preborn.com afr Together we can save lives one heartbeat at a time. welcome back to Jenna Ellis in
Introduction to James Comey's Legal Battle with the Trump Justice Department
the Morning on American Family Radio.
Jenna Ellis Welcome back. Well, former FBI Director James Comey, as I mentioned at the outset of the program, is facing yet another legal battle with the Trump Justice Department, this time over allegations that he unlawfully disclosed sensitive national defense information to the media back in 2016. So this coming from Fox News. The Justice Department filed a criminal information against former FBI Director James Comey, over those allegations.
Justice Department Files Criminal Information Against James Comey
And Prosecutors filed the two count, criminal information to the U.S. district Court for the District of Columbia, alleging Comey, communicated national defense information and connection conspired with others to unlawfully disclose it. The Justice Department said the filing was made to preserve the allegations before the statute of limitations expired as an investigation remains ongoing. So let's welcome in Gerard Felitti, who is senior counsel at, ah, the Lawfare Project. And Gerard, it seems like, Comey is back in hot water.
Gerard Filitti The third time might be the charm in this, in this case, but yes, he certainly is in hot water again. And this time for documents, cases and Espionage act violation, which is a very serious allegation against the former director of the FBI. And this just really shows that no one is above the law, not even the man who and the FBI. So it's very interesting to see how this case is progressing.
Jenna Ellis Yeah. And so the, you know, as I mentioned, it's a criminal information, there were a couple of headlines yesterday that, that he's been indicted, but a grand jury hasn't yet indicted Comey. So the alleged disclosure happened exactly 10 years before prosecutors filed their case. And so the Justice Department is now arguing that this criminal information is sufficient to preserve the charges before the statute of limitations expires. And Comey's attorneys say that's unconstitutional and the case should be dismissed. And obviously, you know, Comey denies wrongdoing. That's if they get to the merits on this.
Unusual Justice Department Strategy to Preserve Charges Before Statute of Limitations
But, is this unusual for the Justice Department to Bring criminal charges this way in order to preserve their case before a statute of limitations bars it?
Gerard Filitti Well, it's certainly not the usual way to go. Usually we do want to. The government goes for an indictment, which is a much more powerful and definitive instrument. And information, I think, is more filed here where you do have the statute of limitations problem. You did have the intervening years of a Biden administration in which no investigations were carried out, leaving the Trump administration to play catch up pretty quickly. So I think that the DOJ here found the tool that it thinks it can use well in order to preserve that statute of limitations issue. That being said, it's not clear whether profiling the information alone is enough to stop the clock. Some courts have held that it is. Others have not ruled on it.
Due Process Concerns Regarding Statutes of Limitations and Timely Prosecution
The Supreme Court has never weighed in on it. So this is an issue that we will be talking about for some, more months to come.
Jenna Ellis Yeah, and that's really interesting. And, you know, taking kind of the broader issue, not necessarily just with respect to Comey and the, I think, the obvious desire on the right that he faces, accountability, for these alleged activities. and I think he should have faced greater accountability for what he was indicted for previously. But, overall, is this a good mechanism in general, constitutionally to preserve that? I mean, the purpose of statute of limitations, you know, obviously is so that, a prosecutor has to bring a timely case, preserve evidence that, you know, this isn't just, you know, years down the road where a defense would be more difficult because, you know, witnesses, their recollection isn't as good. you know, there may be evidence that has been corrupted in the intervening years. I mean, this is more all about due process. And so if the Supreme Court, which likely would, or at least an appeals court hears this type of issue, what, in your view, should be the precedent from the Supreme Court?
Defendant's Right to a Grand Jury Indictment vs. Criminal Information
Gerard Filitti Well, I think that in part, it will depend on how quickly things proceed. Next, a defendant has an opportunity to basically open, accept, an information and not request the grand jury. A grand jury is a right that you have. Comey is not accepting the information. He's demanding a grand jury indictment. but the point being that there is a mechanism built into the law where the information charge is sufficient. So the question becomes, and as you were saying, rightly so, due process and time considerations, how quickly the government moves. Meaning that if the government has already impaneled the grand jury, I am more leaning towards the courts upholding the timeliness of these charges than if the government now continues to investigate and drag its feet. So, ultimately, I think that the speed with which the government moves to empanel a grand jury and get an indictment is what will be, outcome determinative.
Jenna Ellis And that makes sense, you know, so it's not like, well, we filed the charges, and then we're going to wait another, you know, 10 years, for example, you know, to actually impanel a grand jury and drag out the investigation.
Potential Court-Imposed Timelines for Grand Jury Indictments After Information Filing
And so could it be possible that the, outcome determinative solution is that a court would, basically set a timeline and say if you file an information, just to stop the clock, you have to bring a grand jury indictment within a specific time period. that would guarantee that due process in terms of the time is protected.
Gerard Filitti I think that it's possible, very possible, that we will see that from a circuit court of appeals. I don't think the Supreme Court itself likes writing that type of, finite date into things, but it certainly would leave an appellate court's ruling unchanged if it did so. So I do think that we may see some judgment law, on this
The Merits of the Case: National Defense Information and Espionage Act Allegations
Jenna Ellis as a. Yeah, interesting. Well, and getting to the merits of this, you know, if it, If the case proceeds and, you know, passes all of these, statute of limitations, obvious defenses that I think Comey's attorneys will raise. so the Espionage act and the underlying allegations, are what, you know, at issue here, if we get to the merits. Comey is accused of unlawfully transmitting national defense information.
Definition and Deference Given to 'National Defense Information' Under Law
So is there a definition of what exactly constitutes national defense information under federal law? And how is that different from information that's formally classified?
Gerard Filitti In large part, there is. There's a corpus of law about what national defense information is. and it really is, I don't want to say a flexible definition, but it is what the government basically asserts to be that part of national defense information. So a great deal of deference is given by the courts to the executive branch in making that determination. Here we.
Allegations of Unlawful Disclosure of National Defense Information by Comey
Jenna Ellis Oh, and I think we have.
Gerard Filitti Talking about.
Jenna Ellis Sorry, Jared, we lost you just for the last two seconds. Go back on that just a little bit.
Gerard Filitti Sorry, sorry. So the government is given a lot of deference by the. By the courts about what constitutes national defense information. and here what we have is an allegation of, that he was passing information to someone who was not entitled to it, which is what makes it an espionage charge. and that is something that, again, the courts give deference to the executive branch, meaning the Justice Department, when you're making those assertions that the information was national defense information.
Jenna Ellis And, you know, Comey was serving as FBI Director at the time.
FBI Director's Authority to Declassify Information vs. Presidential Authority
And obviously, you know, like President Trump, for example, as in the, capacity as president, he can authorize, disclosure and declassification of anything at any time. and so does the position of FBI Director give Comey any additional authority to authorize disclosure? Or, is he more statutorily bound than, for example, the president?
Gerard Filitti Well, he is more statutorily bound than the President because he is not the ultimate classifying, authority on many of the things that come across his desk. But the issue here is that when we're talking about, and the original story that he was addressing was about, about U.S. email surveillance and intelligence operations, that's the type of information that is more sensitive than the Director of the FBI would normally have the ability to declassify or order release.
Nature of Information Disclosed: U.S. Email Surveillance and Intelligence Operations
So I think that the issue here is that the FBI director is within his rights to talk to media, but not to give them sensitive information that might affect the manner in which American intelligence is collected, handled or analyzed. And that's what it comes down to. It's the nature, the substance of, of the information that Comey disclosed.
Jenna Ellis Yeah. And the alleged disclosure reportedly involved an effort to correct inaccurate media reporting.
Motivation Behind Disclosure: Correcting Inaccurate Media Reporting
And so does the motivation at all, or a. An establishment that Comey acted willfully behind the disclosure matter legally, or is this more of a strict liability kind of defense that just transmitting, knowingly transmitting protected information?
Legal Standard for Transmission of National Defense Information
Gerard Filitti Well, I think that what we have here is that knowing transmission is sufficient. It's not the intent to aid the enemy. it's the reason to believe it could hurt the US or help a foreign nation. and as Director of the FBI, that, that knowledge, that reason to believe it could hurt, is almost baked into the cake, if you will. So that is all that the government really has to prove.
Comey's Defense Against Allegations: Political Targeting and Lawfare
Not that he intended to cause harm to the United States, but just that the information could cause harm.
Jenna Ellis M. And, you know, Comey is obviously raising, the defenses, and he did in the prior prosecutions of Lawfare, being targeted just as a political opponent because he didn't support Trump. And, you know, Ilhan Omar is raising some of those, things as well about lawfare and so forth. And it's so fascinating to me that, you know, anybody on the left, if they're actually targeted for, something that's legitimate, like Omar, I mean, it's going to be fascinating to see how that that, case ultimately works, itself out and, what, potential criminal liability and, civil liability. Congressional liability, you know, she may ultimately incur.
Parsing Meritorious Prosecution from Perceived Political Targeting
but how should the average person look at this and say, and maybe parse through whether, you know, this particular offense? I mean, the fact that this is a, you know, a next prosecution of Comey, it's going to be framed in the media as saying, well, this is just the DOJ literally throwing anything against the wall to see what sticks because they weren't able to successfully prosecute Comey before. So this is just about, you know, Republicans and the Trump administration wanting some accountability and, you know, some bloodletting anywhere that they possibly can get it. how do we parse through saying, okay, this isn't just a political targeting. It is meritorious.
Accountability for Executive Branch Officials Making Independent Decisions
If in fact it is. Is.
Gerard Filitti Look, I think that's the thing. If we're looking for bloodletting, and then this is an example, this could very easily be seen as an example of lawfare of the type that we don't want. But when you're looking at this in m the prism of accountability and the director of a federal agency, the director of the FBI, deciding by himself that talking to the media about sensitive intelligence matters is worthwhile, then I think we need to question whether that decision was a sound one on his part.
Distinguishing Prosecutions for Disclosing Secrets from Political Retaliation
And that's where we see indictments, or information that are filed, potentially leading to indictments as meritorious. Because we don't want to have, an executive branch that has cabinet secretaries or directors, or prosecutors that do things without consequence, that do things on their own. That's the essence of the deep state. That's the essence of what President Trump has been fighting. So when we see disclosures to media, I think that we are more attuned to, maybe this is about accountability than when we see other types of actions that are broader, people being fired or people being, Terminator.
Discussion on Pardons and Establishing Precedents for Accountability
The criminal charges here, I think, are much more significant, and that's what people should be aware of. We're not looking for bloodletting. Bloodletting is firing someone, but prosecuting them for disclosing secrets. That's a pretty serious charge.
Jenna Ellis Yeah, absolutely.
Concerns About 'Lawfare' Deterring Talented Individuals from Public Service
And, and there is now, you know, some. Some people who are suggesting that, for example, President Trump should just pardon literally everyone who worked in any federal agency under his tenure, you know, the political appointees on his way out the door to prevent lawfish there. I don't think that that's necessarily a great precedent to establish, because then essentially you're using the pardon power to just cover whatever possible, criminal activities, whether it's a Republican or a Democrat administration, that kind of blanket sort of pardon isn't necessarily good precedent, but I can see kind of the rationality behind it.
Gerard Filitti There is a lot to be said for that kind of rationality. And I will tell you that from my own experience, a lot of people are concerned about working in Washington D.C. for any administration because they don't want the hassle of being called before Congress, Congress or facing potential lawfare.
The Need for a Ceasefire in Politically Motivated Prosecutions
So this is having an effect. Both what the lawfare on, especially on the Democratic side, but lawfare in general has is to keep talented people out of Washington because they don't want to deal with it, they don't want to become targets. So I think there does need to be some sort of a ceasefire or some understanding that the government can't prosecute people for anything, when they're related to or working for an administration that they don't like.
Jenna Ellis Yeah, it shouldn't be politically motivated. It should always be, that justice is blind.
Concluding Thoughts on the Comey Case and Legal Proceedings
But unfortunately, it seems like we don't have that a lot. But Gerard Felitti, really appreciate it. It's gonna be interesting to see how all of this comes out with Comey. And as always, you can reach me and my team, Jenna. AFR.net.
Preborn's Impact: Rescuing Babies and Supporting Young Mothers
Preborn has rescued over 400,000 babies from abortion. And every day their network clinics rescue 200 babies lives. Will you join PreBorn in loving and supporting young moms in crisis? Save a life today. Go to preborn.com afr.
Sponsor Message and Introduction to Pro-Life Values and Biblical Worldview
Jenna Ellis We would like to take a moment to thank our sponsor, PreBorn. When a mother meets her baby on ultrasound and hears their heartbeat, it's a divine connection. And the majority of the time she will choose life. But she can't do it without our help. Preborn needs us, the pro life community, to come alongside her. One ultrasound is just $28 and to donate, dial pound250 and say the keyword baby or visit preborn.com afr Jenna Ellis in the morning on American Family. Radio
Jenna Ellis I love talking about the things of God. Because of truth and the biblical worldview.
The U.S. Constitution's Obligation to Preserve God-Given Rights
The U.S. constitution obligates our government to preserve and protect the rights that our founders recognize come from God our creator, not our government. I believe that scripture in the Bible is very clear that God is the one that raised up each of you. And God has allowed us to be brought here to this specific moment in time. This is Jenna Ellis in the morning.
Jenna Ellis Good morning.
Importance of Voting in Midterms and Political Campaign Activities
It is Tuesday, October 27th, because we are rapidly heading toward the midterms one week from today. So make a plan to get out and vote if you have not already. It's so important for Christians to engage in our, in our civil government and exercise our responsibility and duty and obligation to participate in government. And you know, the, the candidates across the country are really gearing things up. President Trump has been, traversing the country doing rallies, even, Barack Obama has been getting out for the Democrats. And Bill Clinton, was here in Florida with the Democrat candidate for, for governor. And so it seems like everyone is trying this last minute sort of push to see if they can turn out their base. And that's really what it's all about, is turnout and people who actually come to the polls. So what do we anticipate, at least for the evangelical turnout potentially? Well, let's welcome in Todd Starnes, who is our good friend, radio, host, Newsmax, host and author, a lot of titles.
Discussion of October Surprises and Campaign Effectiveness
Todd Stearns, Calm and Todd, you know, as you're watching everything going on, there's been a lot of October surprises as well. I don't think, really any of them have landed, particularly James, Comey got indicted yesterday. We'll talk about that a little bit later on in the show yet again. So, that's maybe this time some accountability. But, do you think any of this has been successful between the rallies, the campaign ads, the push, the October surprises, has been effective to actually push, people to get out and vote.
Republican Campaigning Excitement and Early Voting Trends
Todd Starnes Well, good morning Jenna. And I've been out on a national book tour, also campaigning for a lot of the candidates in California. Was just down in Texas last week, and today I'm in Georgia. And I really do believe there is some excitement on the Republican side of the aisle. whether or not that translates into victories remains to be seen. You know, I find it fascinating. for example, in Georgia, they're saying, well, the Democrats are outpacing Republicans at the polls. that's what the headlines are. But it's all conjecture because there's no way of truly knowing how many Democrats and how many Republicans are actually coming out and voting. I will say this. In Tennessee, my home state, we are having near record levels of early voting. So regardless, people are getting out and they're engaging the political process. it just. We may just have to wait until election day, to, you know, when they start counting the votes to really find out, you know, exactly who went to the polls. But I'm feeling pretty encouraged.
Effectiveness of Presidential Rallies and Polling Data Concerns
I think the rallies have been a really, a brilliant stroke by the president because it does show that the base of the party is still there. It's energized. there was a massive turnout in Corinth, Mississippi yesterday, and thousands of people even turned out along the city streets just to watch the motorcade pass by. So I think there really is some excitement that we are not seeing being reported by the. By the media on the national level and also by these polls, which, once again, you know, I told our listeners two months ago, I prepared them, I said, don't believe a single news story that comes out between now and election Day, and do not believe any of the polling data. you just get your blessed assurance out to the poll and vote on election Day.
Jenna Ellis That is great advice. Absolutely. Because polls, I mean, there are some honest pollsters, a few, you know, people who actually genuinely want to take the pulse of the country and see what. Where people are at and, you know, provide good information.
The Bandwagon Fallacy of Polls and Historical Election Inaccuracies
But polls, you know, I've said for a long time, tend to be bandwagon fallacies. And, when it seems like an inevitable conclusion that candidate A or B will win, then it can suppress the turnout, either for that candidate because, you know, hey, they're going to win anyway, or against him going, well, it's a lost cause, and it's never over until it's over. And so, regardless of, you know, what we're seeing in the news, regardless of what, some of the conventional polls are saying, because we've also seen the polls be Very, very wrong in recent history and in the past. I mean, that's why we have President Trump in the White House and why we had him in, 2016 as well. And, what do you think also will be the impact, Todd, of the redistricting that happened?
Impact of Redistricting on Political Races, Particularly in Tennessee
Because I'm not hearing a ton of about that in the news in terms of, the Democrats being, you know, really frustrated that redistricting is somehow going to give Republicans the edge. But that was the story, you know, kind of for a while when all of these legislatures, were going through some of these redistricting fights.
Todd Starnes Well, we are hearing some information, some scuttlebutt about that, especially in Tennessee, where the lines were redrawn to, get rid of the one Democrat district, Congressman Steve Cohen. and so as a result, Memphis, which is the bluest part of Tennessee, was broken up into three congressional districts. there has been massive turnout at the polls and a lot of people are attributing that to the redistricting.
Speculation on Tennessee Congressional Seats and Independent Candidates
So the question then is, will that be enough for the Democrats to maintain control of that one congressional seat? There is some speculation that the Democrats are coming out in force in Tennessee and if that is the case, they could actually pick up an additional congressional seat. That's going to be a long shot. I think the Republicans are going to be able to hold out, and pull off a win there. But again, it's the great unknown. And so we'll have to see how all that plays out. Also in Tennessee, you've got a situation where an independent candidate, a guy by the name of David Hatley, is self funding his campaign for governor, which is expected to draw away a number of votes from Marsha Blackburn, who is the senator running for governor as the Republican. And it could be just enough to give the Democrat a win in Tennessee. So again, I've been encouraging people don't mess around here. you know, you need to get behind your Republican candidates, at least you kind of figure out what they believe in.
The Seriousness of Political Engagement and Party Platforms
but don't be messing around with independence. this is pretty serious business here as we fight off the communist insurgency in America.
Jenna Ellis Yeah. And you know, and speaking of that and voting your values and getting behind, you know, the best possible candidate, who actually has an opportunity to win. And unfortunately, I mean, we do live in a, in a two party system right now. I mean, there may be very special, races where it's possible that an independent will win or, you know, there's always some local races, that aren't, aren't partisan. And so you may have, you know, a multiple candidates that actually have an opportunity to win. But on races like that, you know, it's very clear where the party stand, where the individual candidates stand and what will inevitably happen, for example, if the Republicans maintain control of Congress versus if the Democrats, regain control. Then we heard even yesterday, Hakeem Jeffries telling a reporter that they plan immediately to file impeachment, papers against Secretary of War Pete Hegseth. I mean, it.
Critique of Democratic Strategies and Retribution Tactics
Which is just such another, you know, distraction. It's their same playbook. It's not anything that's actually helping. Yeah, I thought this was supposed to be affordability for the Democrats. I mean, that doesn't help affordability, but it just shows that they campaign and say one thing, and then all it is, is about retribution for, Republicans and for anyone who has supported Trump. And.
Jenna Ellis And that's also what Senator Slotkin said as well. And she went viral, Todd, for saying that, no graduates should ever work, for Republicans, otherwise they're going to be, basically targeted by the Democrats. I'm paraphrasing, but that was the thrust of, the clip that went viral at a conference she was speaking at. I mean, that's what the Democrats are all about.
Christian Turnout Concerns and Contrasting Church Engagement
And so when we're talking about evangelical turnout and Christians engaging the vote, it's really frustrating, I think, to see some of the data that suggests that there is in the double digits, percentage of Christians that plan to just stay home.
Todd Starnes Well, this has been one of the biggest problems in my home state of Tennessee, especially in the Memphis area, where the white evangelical churches overwhelmingly have disengaged from the culture fight. they just simply refuse to talk about issues. Even election day. they won't talk about it. Meanwhile, black liberal churches and the mainline Protestant liberal churches have literally become ground zero for all of the Democrat candidates. As a matter of fact, there was one large, black mega church in Memphis hosting AOC and, a black congressional candidate by the name of Justin Pearson, who prays to Mother God. And the pastor of that church actually got up and shouted that Jesus was the socialist, therefore we should all be socialists. And the congregation cheered and gave the pastor a standing ovation. You know, it really is imperative for the evangelical churches, to engage the culture.
The Importance of Evangelical Churches Engaging in Culture
You know, we're to be salt and light. we can't hide our light under a bushel, as we learned in Sunday school. We've got to get out there and we've got to speak truth to the Culture. And when we don't, bad things happen. And I wrote about this in my brand new book called the Golden Age How Trump Saved America.
Cultural Issues, Immigration, and the Significance of Voting
And it was really a cautionary tale about, yeah, the country was saved, but you know what, we can fall over that cliff again if we're not too careful. Jenna.
Jenna Ellis Yeah, yeah, 100%. And you know, and this is where again, the issues need to be made at the fore that really influence and impact America and impact, our culture. And when we are concerned as Christians about fighting the culture wars, not just domestically, but also, with the culture that we're importing. I mean, we talk about things like mass, deportations, closing the border, looking at the cautionary tale that is France right now, and seeing, you know, what's going on in Europe with this, importation of Islamists and, you know, everything that's, that's going on there, then we have to purposefully correlate that to why we go to the ballot box. I mean, these aren't just issues that we talk about and that we, you know, fight in between elections. this actually matters when we're electing people who will get to determine, whether it's, you know, border enforcement, like we determined the last presidential election, or whether it's Congress that will actually legislate. Well, and hopefully, if Republicans maintain control, they'll do, some good legislation like, ah, actually passing the SAVE act. And you know, if we could possibly increase the, the percentage and the seats in the majority, the House and the Senate, then that would have passed.
Pastors' Role in Educating Congregations About Voting
I mean, this is why elections matter. And it's, it's sort of shocking to me. Todd, and we've been talking about this for, you know, the last several weeks here as well, that a lot of pastors won't engage these topics because somehow, you know, they, they don't have this direct correlation to say how you vote actually does determine the future of America. And the, the admonition that I have for pastors is you really need to take advantage of this next week. You have one more Sunday before elections.
Special Program on 'The Golden Age: How Trump Saved America' at Reagan Library
Use that opportunity to speak to your congregations.
Todd Starnes Yes, and I really, I really plead with pastors to do that. and I think people are going to be surprised, you know, at the change in the culture, you know, if churches actually reengage. Jenna, I have to share this kind of exciting news. last week we pray pre taped a one hour special, at the Reagan Presidential Library in Simi Valley, California. And, it's all based on the new book The Golden Age, How Trump Saved America. And, it'll be aired tonight and folks can watch that, on the Reagan Presidential Library website. It's absolutely free of charge. And it was really a lot of fun to talk about ideas involving faith and freedom and also exploring the role that Ronald Reagan played in saving America, creating, this idea of making America great again. That was originally a Ronald Reagan campaign slogan.
Drawing Courage from Past Leaders and the Importance of Voting
And so it was just a great honor to be invited to be a part of the Reagan Presidential Library and, would encourage folks to watch our special tonight.
Jenna Ellis That's amazing. Well, I'll be watching it. That sounds so fascinating. And it's, you know, it's so great to see great American heritage like that. And I think that that when we can look at some of the heroes of, of the past and you know, see some of the presidents who did a great job, and that pushed for, you know, conservative and biblical values, then we can take courage to say we need to have more of that in our future, in America as well. And so it can, be very patriotic and I hope will also encourage people to get out and vote and to say, you know, this country is worth saving. It is worth, returning back to a moral premise and we were founded on. And, that'll be really amazing. Todd Starn.
Prediction on Republican Control of the House and Senate
So, thanks so much and we're almost out of time, but last question for you as well. you know, if you, if you had to guess on the polls right now, you said that there's, there's encouraging, you know, turnout and there's some, you know, some reason for Republicans and conservatives, to be encouraged. So is it your prediction at this point that that Republicans will maintain control of the House or where do you, you land?
Todd Starnes Yeah, I'm, and I've been, I have not really wavered from this position. I do believe the Republicans are going to maintain control of the House and the Senate.
Republican Election Success Dependent on Voter Turnout
but look, a lot of all of this depends on whether or not the Republicans get out to vote. So if these are Republican votes, and Republicans show up on election day, then yes, I believe we're going to win. And we may even pick up a few seats as well as well.
Jenna Ellis Well, that is really encouraging. So Todd Starnes, really appreciate it and his brand new book is the Golden Age.
Program Outro and Follow Information for Todd Starnes
And also you can follow [email protected] and we will be right back with more here on Jenna Ellis in the Morning.
Listener Support Appeal for American Family Radio and the Podcast
Hi.
Jenna Ellis M. I'm Jenna Ellis. Did you know that this content is listener supported without people like you, this podcast would not exist. And that's why we need you. A generous monthly gift of any amount will help sustain American Family Radio, and specifically this podcast. Please consider becoming a monthly financial partner today by visiting afr.netforward/give. That's afr.netgive. welcome back to Jenna Ellis in the Morning on American Family Radio.
Jenna Ellis Welcome back.
Brazil's Election Results and Implications for U.S. Foreign Policy
Well, Brazil has just re elected its left wing president, Silva, in a closely contested election against conservative Flavio Bolsonaro, the son of former President Bolsonaro. And lua won approximately 52% of the vote, ending a remarkable streak of seven consecutive conservative presidential victories across Latin America over the past 18 months. And while this might seem like just a domestic political story in Brazil, the implications for the United States are significant. Because Brazil is Latin America's largest economy, a major trading partner with China, and a country with enormous reserves of critical minerals essential to American technology, manufacturing and national defense. So President Trump has been working to strengthen American influence throughout the Western Hemisphere, particularly when it comes to combating drug cartels, reducing dependence on China, and establishing stronger economics and security partnerships. This is one of the reasons why I personally think that the Democrats are specifically saying that if they if they retake control of the House, they're going to target Secretary of War Pete Hegseth for impeachment, because they don't like what President Trump has been doing to strengthen American influence. but the new Brazil president has resisted some of those efforts, and his reelection raises important questions about the future of American influence in that region. So meanwhile, Bolsonaro is challenging the election results and President Trump has also raised concerns about how the votes were counted. So what does this election actually mean for American national security, our economic interests, and the growing geopolitical competition between the United States and China? Well, let's welcome in Scott Ulinger, who is a retired CIA officer.
Analysis of Alleged Election Interference in Brazil and U.S. Response Options
And Scott, a lot to talk about. Let's, let's break this down. Yes.
Scott Uehlinger Yeah, it's obviously this is, really unfortunate because this seems to be blatant, election interference. I mean, Lula lost round one by 10 million votes. And actually what happened was the Brazilian system has a separate court for separate tribunal for election running elections. It's called the Supreme Election Tribunal, the tse. And the judge who happened to be Lula's personal attorney wasn't even a judge in the tsc. He's just m. He's unlike the Supreme Court. And he basically interfered with the election. I mean, it's absolutely against, like, the Brazilian constitution and everything. So it's really blatant. And it puts the United States in a difficult position because, as you mentioned, which is very true, you know, Brazil is very involved with China. And so, I think that that may slow some of the US Reaction a little bit because, you know, you don't want to maybe go all out on criticizing Brazil. But on the other hand, I can imagine that someone like Secretary of State Rubio is absolutely furious about this and, you know, some options that are open to the United States later on. And I think this would start to happen after the midterms, after we win the midterms. I agree with your earlier guest is that, you. You recall the ambassador. You recall the U.S. ambassador. You could even close their embassy, the Brazilian embassy in the United States, definitely. You could do something like cancel all visas, and even look at tariffs, increased tariffs on Brazilian exports. But, of course, you have to keep in mind that you don't necessarily want to throw Brazil into the arms of China. But at the same time, maybe by taking some strong moves, you can also encourage the Brazilian people to basically start demonstrating. And all because I think from what I've been reading of some of the social media in Brazil, the people are very demoralized in Brazil. Understandably, they're human.
Balancing Ideological Alignment with Practical Diplomacy in Foreign Policy
there has not been a very loud outcry because it's just so blatant and dictatorial that, like, it's really kind of, you know, it's really demoralized people.
Jenna Ellis Yeah, which. Which makes sense. I mean, that's why election integrity is so important, in any country. And so how should the Trump administration balance supporting ideologically aligned conservative leaders with the practical necessity of working with governments that even if they question the integrity of that election, now are in power and share our political values? And obviously, the America first foreign policy.
Scott Uehlinger Well, I mean, that's always been a question in U.S. foreign policy. And it's. And one thing that. And it's ironic because it was always the leftists in America that criticized the United States. They always criticized the United States in the Cold War days and before for our willingness to, quote, cozy up to dictators as long as they were anti communist. now, of course, you know, the liberals want us to cozy up to a dictator because that's effectively what Lula is. He's a dictator. I mean, you know, he was president before Bolsonaro, and now he's president after Bolsonaro, the father not the son. And so, usually the United States would pursue a policy of, well, you know, we may be behind closed doors, we might say some things.
President Trump's Approach to Challenging Election Irregularities Abroad
We would be unhappy with the election results, but we would be forced to, kind of negotiate or, continue our normal diplomatic relations. But luckily, I would say luckily, President Trump doesn't think that way. And he is going to. I think certainly there's a greater chance of him standing up and calling a spade a spade than any previous US administration. Going back 100 years. He's willing to. To stand up and say this is wrong. Now, he might not. Maybe he'll, you know, frame it as well, that. Not that Lula is illegitimate, but maybe he'll soften it by saying, okay, well, we need to conduct new elections, because of irregularities. In other words, don't just say that Lulu cheated. even in the NewSong York Times, which is obviously a leftist publication, has basically said that, yeah, the election was stolen. And there certainly is a case. And as I pointed out, they, violated your own constitution. There's a case for this to be, you know, to be.
Market Reactions and Bolsonaro's Response to Brazilian Election Results
To do it over. And so that is, I think legitimate, a legitimate kind of thing that Trump will be looking at. You know, the Brazilian markets are already down at least 15% on this news, for obvious reasons. I mean, markets don't like this kind of stuff. And so the Brazilian economy is already taking a hit. And already this talk about, you know, of course there'll be, you know, a lot of the Brazilian millionaires and stuff will be bailing out of the country, of course. But I think that. Well, the latest I saw, you know, there's some conflicting things. I'm not sure if Bolsonaro conceded. He initially had not conceded the election.
Bolsonaro's Legal Actions and Lula's Past Corruption Conviction
I just saw a report that maybe he did. I'm not sure about that. But he is basically threatening a lawsuit, a civil lawsuit against Lula, instead of necessarily calling for annulment of the election, because he knows that he's on thin ice with this administration in Brazil, because they've already said that they want his passport because, it's not one day after the election when immediately he's a criminal because he associated with some lawyer who is accused of stealing money. And keep in mind, by the way, that Lula himself is a criminal. He was sentenced to prison for, like, I think 12 years for corruption, and he was never. And due to some irregularities, like some legal status, he was not acquitted, but he basically, got like, a stay of, sentence. So he wasn't acquitted of his crimes. He was guilty of. Of ah, corruption, ah, in Brazil, I mean, sentenced to 12 years. It's just that he never served the sentence.
Similarities Between Brazilian and U.S. Election Integrity Concerns
Jenna Ellis It's remarkable how all of this, feels like if you just exchange, you know, some of the names out, it would sound like the recent, elections in America. I mean, you know, it's. It's really, bizarre actually to see how much election integrity, matters not just to the United States and how, you know, challenges. One of the things that we learned out of the 2020 election was, how much more robust the appeals process needs to be, and the ability for, you know, not just on the presidential level, but, throughout all of the election, systems that we need to be able to have, all of the data be able to file timely and actually ah, significant appeals that are meritorious, obviously, but, you know, ones that will be taken seriously. And so, So where, where is Brazil on, you know, all of that? Because if this is potentially a violation of their constit, and yet, Bolsonaro isn't specifically challenging it, just filing the civil suit. I mean, it sounds like a lot of their election integrity processes may need to change as well.
The Judiciary as an Adversary and Calls for Judicial Reform
Scott Uehlinger Yeah, I mean, because. Because again, just like in, in El Salvador and other places in the United States, the main. The main, enemy of the people is the judiciary. Because that's what's happened and that's what's happening in America, and that's what has happened down there. I mean, and, you know, this, fascist judge down there just says, oh, well, by the way, you know, 20% of the polling places which favor Lula anyway, well, they can stay open. You know, forget about the other 80% that were already closed that they couldn't reopen. I mean, they just do whatever they want. They run roughshod and make a mockery of their country's constitution. The same way that we have these, traitorous judges in the United States that do the same kind of thing in the United States. And so, you know, this shows.
Judicial Outrages and Proposed Reforms Regarding Judges
This shows that. And hopefully this will start happening, after the midterms is there needs to be massive, revision, meaning impeachment of judges in the US we need to get rid of these criminals. I just read, I just read something I'm sure every Marine in the country is going to just love this. Is that, the, that illegal alien who. Who desecrated, an Iwo Jima statue. I guess, on. On,
Jenna Ellis I saw that the base.
Scott Uehlinger Right. Actually kind of begs the question, what was the illegal alien doing on the base? But I don't know the answer to that question. But who decapitated, one of the heads of the statues? He was released on $2,500 bond by his, I think, new US citizen judge. You know, I'm sick and tired of that too. The fact that we have so many judges who literally are naturalized Americans. They need to change that law that, you know, basically naturalized Americans cannot serve as judges. I mean, this person was, you know, living in another country eight years ago, and suddenly they're letting people who desecrate Marine The Core statues walk free. So, that's just the latest judicial outrage we're seeing. And it's clear that that is one main things that needs to be addressed when you're trying to fix election fraud.
The Importance of Judicial Appointments and Legislative Action
Jenna Ellis Yeah, 100%. I mean, and this is also why elections are so important, because judicial appointments matter and, you know, all of these things to secure that Americans decide Americans future. I mean, this is why the SAVE act should have been passed overwhelmingly in Congress. And it's, it's unfortunate that the Senate didn't get there. But, hopefully if there is an increase in Republican control of the Senate, maybe, that can be passed in the next two years ahead of the 2028 election.
Strategic Importance of Brazil's Rare Earth Minerals and China's Influence
I mean, all of these things are so important. and one of the other m. Most critical aspects of this story in Brazil is Brazil's enormous reserves of rare earth minerals. And so, you know, these resources are really strategically important to the United States, especially for our military and defense industries. And so China has, as you've mentioned on this program before, has spent years expanding its economic influence throughout Latin America. So how does Lula's reelection potentially strengthen China's position in the region? And what, should the Trump administration's response be to that? because obviously President Trump has been very concerned, for years, even going back to his first administration about China.
Scott Uehlinger Right. Well, like the problem is, is that, you know, Lula already has a cozy relationship with China. He always did, when he was president before, you know, whatever, 10 years ago or so more.
Navigating Brazil's Relationship with China and U.S. Diplomatic Strategy
So that is a problem. And, given that status of that relationship, Trump is going to have to be very, is going to have to be careful because he's going to have to balance between very forceful diplomacy with basically an illegitimate regime or how to deal with an illegitimate regime. He's going to have to balance that with the fact that. But we don't want to drive Brazil further into the arms of China, by alienating it. So there's a fine line. But on the other hand, if we don't push the illegitimacy of this government, then basically all these deeds go unpunished. So it's a very difficult question. But I also have confidence that Rubio will know how to pursue this. And, you know, President Trump, I think absolutely, will be deferring to Rubio. He will be following Rubio's advice.
The Significance of Foreign Policy and Conservative Messaging
Rubio will come up with a good plan to handle Brazil the right way, and then Trump will, we'll see the logic of that, and then hopefully we'll move forward and it'll be, an improved situation.
Jenna Ellis Yeah. And, you know, things like this, I feel like these top line, issues that are in the media, I mean, there was a lot of coverage, of course, of the Brazil election, but, you know, I haven't seen on the mainstream, even conservative media, in the mainstream, a really great analysis like this of why all of this matters. I mean, this is in real time. I mean, why presidential elections matter, why the midterms matter. And we're talking about, you know, getting out and voting your values. I mean, these are things that Republicans should be talking about and saying, you know, look, if you want to maintain, you know, our. Our, relationship, you know, with Brazil, in the best way possible, we want to keep holding off China. I mean, this is why foreign policy matters. And yes, you know, affordability, all that stuff.
Improving Conservative Media Messaging on Foreign Policy Importance
Domestic issues, I think Republicans need to definitely address, and maybe a little more clearly than, than the White House has currently been doing. But, I think President Trump has done a great job, going out to rallies and supporting, you know, specific candidates in, in various elections. But things like this, I feel like there needs to be better messaging, from conservative media on why some of these things matter. Because, Scott, when you're talking about, you know, all of these things, I'm thinking I'm really grateful we have a Secretary of State Rubio, instead of, you know, whoever Kamala Harris might have appointed that would have actually been in favor of China and helping. I mean, we had Beijing, Biden for a while, and so, you know, where. Where can we do better, messaging? I think in just. Just in explaining, like you're doing, why these things ultimately matter and why it's so critical to have conservatives in office.
Scott Uehlinger Well, one good. Well, one good thing is that, what I've already seen on X is there have been.
Lessons from Global Events and the Call for Conservative Action
There have been quite a few Voices, that I follow that have been basically, you know, analyzing this and seeing basically what I've been saying. So that's a good thing. So, and I'm hoping that that, that you know, that will continue and gain a momentum of its own and will basically drive home the message to Americans right now at this point in time, that this is what lies ahead. It's very interesting that we have all these harbingers of doom, all the chaos in Europe and now this latest thing in Brazil is basically it's the Lord showing us, okay, this is what you guys are looking at if you don't you know, vote the right way. And so I'm hoping that this, this will be a second big message for the American people and that they will go out and vote and prevent the same kind of thing happening in the United States. And I think that that will happen because I really think that this is an example of how the Lord is basically showing, showing us the way.
Jenna Ellis Yeah. So well said and we've got to take a break here but Scott Youling are so appreciated and it's so true. I mean we can look at the examples and the bad examples of other nations right now. What they've been doing, how they have not been premised, even founded and certainly not following a biblical worldview.
The Importance of Biblical Worldview and Christian Leadership
They haven't been exercising the powers of government legitimately. They have you know, all of these problems and issues especially like, like importing their demise and people from other countries that don't even share Western values, much less the biblical values America was founded upon. And this is why it's so important to select and prefer Christians as our leaders. As our first Supreme Court chief, ah, Justice Jon Jay once said, so it's so important get out and vote, be involved in civil society and make sure that we are involved in keeping America the best possible, union that we can. And we will be right back with more.
Preborn's Mission: Offering Hope and Support to Pregnant Mothers
We're living in a defining moment in history. Today a woman facing an unexpected pregnancy can order the abortion pill online, often before anyone has had the chance to tell her she is loved, that she's not alone or that there is hope. That's why you are needed right now. You were made for this moment. At ah, preborn network clinics, mothers are welcomed with compassion, practical support and a free ultrasound. And when she sees her baby and hears that tiny heartbeat for the very first time, fear often gives way to hope. In fact, more than 80% of abortion vulnerable women choose life after seeing their baby on an ultrasound at a PreBorn Network clinic. That one moment can save a baby's life and open a mother's heart to the hope of Jesus Christ. This is our moment to stand. For those who cannot speak for themselves, just $28 provides one life saving ultrasound.
Call to Action: Support Preborn's Life-Saving Efforts
$140 helps rescue five babies. Please don't wait. Dial pound 250 and say the keyword baby. That's pound 250 baby or give [email protected] afr that's preborn.com afr Together we can save lives one heartbeat at a time. welcome back to Jenna Ellis in
Introduction to James Comey's Legal Battle with the Trump Justice Department
the Morning on American Family Radio.
Jenna Ellis Welcome back. Well, former FBI Director James Comey, as I mentioned at the outset of the program, is facing yet another legal battle with the Trump Justice Department, this time over allegations that he unlawfully disclosed sensitive national defense information to the media back in 2016. So this coming from Fox News. The Justice Department filed a criminal information against former FBI Director James Comey, over those allegations.
Justice Department Files Criminal Information Against James Comey
And Prosecutors filed the two count, criminal information to the U.S. district Court for the District of Columbia, alleging Comey, communicated national defense information and connection conspired with others to unlawfully disclose it. The Justice Department said the filing was made to preserve the allegations before the statute of limitations expired as an investigation remains ongoing. So let's welcome in Gerard Felitti, who is senior counsel at, ah, the Lawfare Project. And Gerard, it seems like, Comey is back in hot water.
Gerard Filitti The third time might be the charm in this, in this case, but yes, he certainly is in hot water again. And this time for documents, cases and Espionage act violation, which is a very serious allegation against the former director of the FBI. And this just really shows that no one is above the law, not even the man who and the FBI. So it's very interesting to see how this case is progressing.
Jenna Ellis Yeah. And so the, you know, as I mentioned, it's a criminal information, there were a couple of headlines yesterday that, that he's been indicted, but a grand jury hasn't yet indicted Comey. So the alleged disclosure happened exactly 10 years before prosecutors filed their case. And so the Justice Department is now arguing that this criminal information is sufficient to preserve the charges before the statute of limitations expires. And Comey's attorneys say that's unconstitutional and the case should be dismissed. And obviously, you know, Comey denies wrongdoing. That's if they get to the merits on this.
Unusual Justice Department Strategy to Preserve Charges Before Statute of Limitations
But, is this unusual for the Justice Department to Bring criminal charges this way in order to preserve their case before a statute of limitations bars it?
Gerard Filitti Well, it's certainly not the usual way to go. Usually we do want to. The government goes for an indictment, which is a much more powerful and definitive instrument. And information, I think, is more filed here where you do have the statute of limitations problem. You did have the intervening years of a Biden administration in which no investigations were carried out, leaving the Trump administration to play catch up pretty quickly. So I think that the DOJ here found the tool that it thinks it can use well in order to preserve that statute of limitations issue. That being said, it's not clear whether profiling the information alone is enough to stop the clock. Some courts have held that it is. Others have not ruled on it.
Due Process Concerns Regarding Statutes of Limitations and Timely Prosecution
The Supreme Court has never weighed in on it. So this is an issue that we will be talking about for some, more months to come.
Jenna Ellis Yeah, and that's really interesting. And, you know, taking kind of the broader issue, not necessarily just with respect to Comey and the, I think, the obvious desire on the right that he faces, accountability, for these alleged activities. and I think he should have faced greater accountability for what he was indicted for previously. But, overall, is this a good mechanism in general, constitutionally to preserve that? I mean, the purpose of statute of limitations, you know, obviously is so that, a prosecutor has to bring a timely case, preserve evidence that, you know, this isn't just, you know, years down the road where a defense would be more difficult because, you know, witnesses, their recollection isn't as good. you know, there may be evidence that has been corrupted in the intervening years. I mean, this is more all about due process. And so if the Supreme Court, which likely would, or at least an appeals court hears this type of issue, what, in your view, should be the precedent from the Supreme Court?
Defendant's Right to a Grand Jury Indictment vs. Criminal Information
Gerard Filitti Well, I think that in part, it will depend on how quickly things proceed. Next, a defendant has an opportunity to basically open, accept, an information and not request the grand jury. A grand jury is a right that you have. Comey is not accepting the information. He's demanding a grand jury indictment. but the point being that there is a mechanism built into the law where the information charge is sufficient. So the question becomes, and as you were saying, rightly so, due process and time considerations, how quickly the government moves. Meaning that if the government has already impaneled the grand jury, I am more leaning towards the courts upholding the timeliness of these charges than if the government now continues to investigate and drag its feet. So, ultimately, I think that the speed with which the government moves to empanel a grand jury and get an indictment is what will be, outcome determinative.
Jenna Ellis And that makes sense, you know, so it's not like, well, we filed the charges, and then we're going to wait another, you know, 10 years, for example, you know, to actually impanel a grand jury and drag out the investigation.
Potential Court-Imposed Timelines for Grand Jury Indictments After Information Filing
And so could it be possible that the, outcome determinative solution is that a court would, basically set a timeline and say if you file an information, just to stop the clock, you have to bring a grand jury indictment within a specific time period. that would guarantee that due process in terms of the time is protected.
Gerard Filitti I think that it's possible, very possible, that we will see that from a circuit court of appeals. I don't think the Supreme Court itself likes writing that type of, finite date into things, but it certainly would leave an appellate court's ruling unchanged if it did so. So I do think that we may see some judgment law, on this
The Merits of the Case: National Defense Information and Espionage Act Allegations
Jenna Ellis as a. Yeah, interesting. Well, and getting to the merits of this, you know, if it, If the case proceeds and, you know, passes all of these, statute of limitations, obvious defenses that I think Comey's attorneys will raise. so the Espionage act and the underlying allegations, are what, you know, at issue here, if we get to the merits. Comey is accused of unlawfully transmitting national defense information.
Definition and Deference Given to 'National Defense Information' Under Law
So is there a definition of what exactly constitutes national defense information under federal law? And how is that different from information that's formally classified?
Gerard Filitti In large part, there is. There's a corpus of law about what national defense information is. and it really is, I don't want to say a flexible definition, but it is what the government basically asserts to be that part of national defense information. So a great deal of deference is given by the courts to the executive branch in making that determination. Here we.
Allegations of Unlawful Disclosure of National Defense Information by Comey
Jenna Ellis Oh, and I think we have.
Gerard Filitti Talking about.
Jenna Ellis Sorry, Jared, we lost you just for the last two seconds. Go back on that just a little bit.
Gerard Filitti Sorry, sorry. So the government is given a lot of deference by the. By the courts about what constitutes national defense information. and here what we have is an allegation of, that he was passing information to someone who was not entitled to it, which is what makes it an espionage charge. and that is something that, again, the courts give deference to the executive branch, meaning the Justice Department, when you're making those assertions that the information was national defense information.
Jenna Ellis And, you know, Comey was serving as FBI Director at the time.
FBI Director's Authority to Declassify Information vs. Presidential Authority
And obviously, you know, like President Trump, for example, as in the, capacity as president, he can authorize, disclosure and declassification of anything at any time. and so does the position of FBI Director give Comey any additional authority to authorize disclosure? Or, is he more statutorily bound than, for example, the president?
Gerard Filitti Well, he is more statutorily bound than the President because he is not the ultimate classifying, authority on many of the things that come across his desk. But the issue here is that when we're talking about, and the original story that he was addressing was about, about U.S. email surveillance and intelligence operations, that's the type of information that is more sensitive than the Director of the FBI would normally have the ability to declassify or order release.
Nature of Information Disclosed: U.S. Email Surveillance and Intelligence Operations
So I think that the issue here is that the FBI director is within his rights to talk to media, but not to give them sensitive information that might affect the manner in which American intelligence is collected, handled or analyzed. And that's what it comes down to. It's the nature, the substance of, of the information that Comey disclosed.
Jenna Ellis Yeah. And the alleged disclosure reportedly involved an effort to correct inaccurate media reporting.
Motivation Behind Disclosure: Correcting Inaccurate Media Reporting
And so does the motivation at all, or a. An establishment that Comey acted willfully behind the disclosure matter legally, or is this more of a strict liability kind of defense that just transmitting, knowingly transmitting protected information?
Legal Standard for Transmission of National Defense Information
Gerard Filitti Well, I think that what we have here is that knowing transmission is sufficient. It's not the intent to aid the enemy. it's the reason to believe it could hurt the US or help a foreign nation. and as Director of the FBI, that, that knowledge, that reason to believe it could hurt, is almost baked into the cake, if you will. So that is all that the government really has to prove.
Comey's Defense Against Allegations: Political Targeting and Lawfare
Not that he intended to cause harm to the United States, but just that the information could cause harm.
Jenna Ellis M. And, you know, Comey is obviously raising, the defenses, and he did in the prior prosecutions of Lawfare, being targeted just as a political opponent because he didn't support Trump. And, you know, Ilhan Omar is raising some of those, things as well about lawfare and so forth. And it's so fascinating to me that, you know, anybody on the left, if they're actually targeted for, something that's legitimate, like Omar, I mean, it's going to be fascinating to see how that that, case ultimately works, itself out and, what, potential criminal liability and, civil liability. Congressional liability, you know, she may ultimately incur.
Parsing Meritorious Prosecution from Perceived Political Targeting
but how should the average person look at this and say, and maybe parse through whether, you know, this particular offense? I mean, the fact that this is a, you know, a next prosecution of Comey, it's going to be framed in the media as saying, well, this is just the DOJ literally throwing anything against the wall to see what sticks because they weren't able to successfully prosecute Comey before. So this is just about, you know, Republicans and the Trump administration wanting some accountability and, you know, some bloodletting anywhere that they possibly can get it. how do we parse through saying, okay, this isn't just a political targeting. It is meritorious.
Accountability for Executive Branch Officials Making Independent Decisions
If in fact it is. Is.
Gerard Filitti Look, I think that's the thing. If we're looking for bloodletting, and then this is an example, this could very easily be seen as an example of lawfare of the type that we don't want. But when you're looking at this in m the prism of accountability and the director of a federal agency, the director of the FBI, deciding by himself that talking to the media about sensitive intelligence matters is worthwhile, then I think we need to question whether that decision was a sound one on his part.
Distinguishing Prosecutions for Disclosing Secrets from Political Retaliation
And that's where we see indictments, or information that are filed, potentially leading to indictments as meritorious. Because we don't want to have, an executive branch that has cabinet secretaries or directors, or prosecutors that do things without consequence, that do things on their own. That's the essence of the deep state. That's the essence of what President Trump has been fighting. So when we see disclosures to media, I think that we are more attuned to, maybe this is about accountability than when we see other types of actions that are broader, people being fired or people being, Terminator.
Discussion on Pardons and Establishing Precedents for Accountability
The criminal charges here, I think, are much more significant, and that's what people should be aware of. We're not looking for bloodletting. Bloodletting is firing someone, but prosecuting them for disclosing secrets. That's a pretty serious charge.
Jenna Ellis Yeah, absolutely.
Concerns About 'Lawfare' Deterring Talented Individuals from Public Service
And, and there is now, you know, some. Some people who are suggesting that, for example, President Trump should just pardon literally everyone who worked in any federal agency under his tenure, you know, the political appointees on his way out the door to prevent lawfish there. I don't think that that's necessarily a great precedent to establish, because then essentially you're using the pardon power to just cover whatever possible, criminal activities, whether it's a Republican or a Democrat administration, that kind of blanket sort of pardon isn't necessarily good precedent, but I can see kind of the rationality behind it.
Gerard Filitti There is a lot to be said for that kind of rationality. And I will tell you that from my own experience, a lot of people are concerned about working in Washington D.C. for any administration because they don't want the hassle of being called before Congress, Congress or facing potential lawfare.
The Need for a Ceasefire in Politically Motivated Prosecutions
So this is having an effect. Both what the lawfare on, especially on the Democratic side, but lawfare in general has is to keep talented people out of Washington because they don't want to deal with it, they don't want to become targets. So I think there does need to be some sort of a ceasefire or some understanding that the government can't prosecute people for anything, when they're related to or working for an administration that they don't like.
Jenna Ellis Yeah, it shouldn't be politically motivated. It should always be, that justice is blind.
Concluding Thoughts on the Comey Case and Legal Proceedings
But unfortunately, it seems like we don't have that a lot. But Gerard Felitti, really appreciate it. It's gonna be interesting to see how all of this comes out with Comey. And as always, you can reach me and my team, Jenna. AFR.net.
Preborn's Impact: Rescuing Babies and Supporting Young Mothers
Preborn has rescued over 400,000 babies from abortion. And every day their network clinics rescue 200 babies lives. Will you join PreBorn in loving and supporting young moms in crisis? Save a life today. Go to preborn.com afr.
Jenna Ellis speaks with radio host and author Todd Starnes about evangelical voter turnout, campaign strategy, polling, redistricting, and the role churches can play in public life. Starnes urges listeners not to rely on polls or assume an election is settled—and to make a plan to vote. He also discusses his book, The Golden Age: How Trump Saved America, and a special recorded at the Ronald Reagan Presidential Library.
Retired CIA officer Scott Uehlinger joins ELsie to examine Brazil’s closely contested presidential election and what the result could mean for U.S. interests, China’s influence in Latin America, critical minerals, and election integrity.
Later, Gerard Filitti, senior counsel at the Lawfare Project, breaks down the legal questions surrounding the Justice Department’s criminal information against former FBI Director James Comey, including the statute of limitations, national defense information, and due process.
Across the conversations, the guests consider how elections, foreign policy, and the courts can shape the country’s future—and why civic engagement matters.
Live
Did you know American Family Radio is listener-supported? Your monthly financial support will allow us to continue upholding Godly values through our numerous channels, like American Family Radio, One Million Moms, The Stand magazine, and many more.
Become a Great Commission Partner TODAY to help AFR transform culture by rebuilding the family. When you donate today, you’ll get access to:
