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Bannon`s War Room

Episode 5259: SCOTUS To Hear Birthright Citizenship Case Wednesday

30 Mar 2026

Transcription

Transcript generated automatically by AI and may contain errors.

Chapter 1: What is the Supreme Court case regarding birthright citizenship about?

0.031 - 23.685 Steve Bannon

Tell me, because we use the oil market as an information provider right now. I think West Texas is over, what, $104, $105 a barrel. Brent is up to $114, $115. The market today, correct me if I'm wrong, has not really bought into the fact that that there's some negotiations on that's going to slow this down. Is that the correct interpretation of that?

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23.705 - 42.475 Eric Bolling

You're 100% right, beyond 100%, because for the better part of the last four weeks since we've been at this, Trump would come out and say they're about to relent or the negotiations are going well. Oil would be down $15 a barrel, $10 a barrel. This is a time where Trump is saying we've got them where we want them, and the oil market this time said, you know what?

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42.455 - 51.525 Eric Bolling

We're seeing something different in the actual physical oil market, and they're pushing the prices up. And they're going to wait for the real all clear, not the rhetorical all clear.

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51.545 - 72.898 Steve Bannon

Hang on. Hang on. Repeat that. It's very important. For the first time, President Trump, and today was actually more detailed. We are talking to the right people. I think Rubio even backed up the fact that we are making some progress. They identified the Speaker of the House of the Iranian Parliament, that I even know is a thing, but they've got a parliament, right?

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73.078 - 93.096 Steve Bannon

And he's in the negotiation chain. Supposedly, it's as close to direct as we can, although people are still saying we're going indirect to the Pakistanis. But for the first time, like you said, he didn't have a dip. The oil market, I think, stayed the same to go slightly up. It actually surged to the end of the day, did it not?

93.276 - 111.443 Eric Bolling

A hundred percent. So this is the first time that, so Trump, over the past four weeks, Trump would come out and say something very positive. In other words, positive for some sort of solution, oil would go down. It would retreat immediately. This is the first time where we heard some of that same, I won't call it rhetoric, some of that same commentary coming out of

111.423 - 135.962 Eric Bolling

Trump and the administration well every other time the Iranians have disputed he didn't that we're not doing this that's not true they did it again but this time the oil market didn't retreat it stayed it was 10 it was 99 60 on Friday at the close it ended up it's opened at 103 today went up to 104 and a half five it doesn't believe anything until it sees it now and I told you I spoke to

135.942 - 156.415 Eric Bolling

a major transporter and a major refiner when i was in dallas with you guys and they're both and remember the refiner is very susceptible to higher oil prices they don't want to hire oil prices because they need to buy it to run it through the refinery both of those transport and refiner refiners are predicting and feeling like oil is going substantially higher which is it's tough news

159.044 - 179.815 Steve Bannon

Now, the CCP, supposedly today, breaking, I think, in the Financial Times, are telling in the supply chains, they're telling the people in the supply chains they're going to be passing on these higher costs to them. So they're saying costs are going to go up. Remember, our allies and even our enemies, the incentives are not aligned with ours.

Chapter 2: How does President Trump view the 14th Amendment and its implications?

269.606 - 281.745 Steve Bannon

We've got David Zier there in Long Island. Mike Davis is going to join me. Hopefully Sheila Mathis is going to try to juggle and get some other things in as we talk about the war and the global economy. Let's go ahead now and play our cold open for the afternoon.

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282.029 - 305.404 Unknown

President Trump's past emissaries, Special Envoy Steve Witkoff and Trump's son-in-law, Jared Kushner, are reportedly hitting a diplomatic wall. With CNN and The Guardian now reporting that Tehran has indicated it would prefer talks with Vice President J.D. Vance. You'll recall it was Witkoff and Kushner who met with Iran in February, right before the U.S. and Israel launched strikes.

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305.468 - 325.975 Unknown

President Trump issued a 10-day pause to postpone planned strikes on Iranian power plants and energy infrastructure. This remains a truly once-in-a-generation opportunity for the regime to make a good deal with the United States, permanently abandon their nuclear ambitions, and stop acting as the world's leading state sponsor of terrorism.

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325.955 - 339.709 Unknown

If the Iranians reject this golden opportunity, the greatest military in the history of the world continues to stand by to provide President Trump with every option available to ensure this regime continues to pay a grave price.

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340.43 - 355.185 Unknown

One way or another, Iran will no longer have the credible ability to threaten the United States or our allies, which is, of course, the overall objective admission the president set out when he launched Operation Epic Fury. The trend remains clear.

355.165 - 368.659 Unknown

The United States is conducting more intense targeted strikes with devastating combat power with each passing day to destroy the threat posed by the Iranian terrorist regime, as President Trump sought out to do a month ago.

368.699 - 391.345 Unknown

It's no surprise that we are seeing the remaining elements of the regime become increasingly eager to end the destruction and come to the negotiating table while they still can. Despite all of the public posturing you hear from the regime and false reporting, talks are continuing and going well. What is said publicly is, of course, much different than what's being communicated to us privately.

391.565 - 407.785 Unknown

However and whenever this war in Iran ends is anybody's guess right now. But what is becoming less of a guess is what it's doing to the Republican Party. As Politico puts it, the president is taking a highly unusual twin track approach to this war.

407.765 - 430.043 Unknown

On the one hand, he's trying to find the fastest off ramp to a conflict he knows voters do not like and could mortally wound Republicans at the ballot box. Arguing the war is basically over. You've heard it. On the other hand, he is also arguing to escalate by taking the oil, sending in more troops, seizing uranium and repeating his ultimatums.

Chapter 3: What arguments are being presented against birthright citizenship?

626.207 - 636.222 Caroline Leavitt

And I think that that's the kind of thing that is, you know, really concerned both the allies and a lot of American officials who are not certain where this war is going.

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637.096 - 657.045 Unknown

Thanks a lot, Caroline. Two questions regarding the financial cost of the war. Back during the Persian Gulf War, 1990-1991, Arab countries paid for the vast majority of the cost of the war. Kuwait, Saudi Arabia, the UAE. Who's paying for the cost of this war? Will those Arab countries step up to do just that?

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657.329 - 670.991 Unknown

Well, I think it's something the president would be quite interested in calling them to do. I won't get ahead of him on that. But certainly it's an idea that I know that he has and something that I think you'll hear more from him on.

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671.011 - 692.449 Steve Bannon

OK, we've been pressing those two points in this total war. Number one, you have to seize the financial assets of the of the Persians. And a lot of those financial assets, the ones not sitting in Switzerland are sitting, the bulk of them, we are told, are sitting in Dubai. Think about that for a second, a nation that we defend.

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692.564 - 718.588 Steve Bannon

uae uh and they can make that decision now there is all types of chatter in arab media that this is being done because that that would be a big move the pirate code they're used to having the pirate code as the double deal everybody even double deal themselves and i think even some of the arab nation is a little surprised about the level of assets they have but this should be seized immediately also they're absolutely correct in the gulf war

719.817 - 737.722 Steve Bannon

I think the vast amount was paid by the Arab nations. This should be 100% paid for. Iran, remember, one of the war objectives is to make sure they can't have power projection regionally. And obviously, a big part of that is Israel, but it's also on the Arab nations.

738.003 - 763.838 Steve Bannon

And one of the reasons you've seen some folks go wobbly is that they've hit the Arab nations, the desalination plants, some of the oil refineries, of course, the Israelis. hit the gas plant, which I say the inflection point. But the point is that the Arab nations got to write checks. First off, their value of their oil has over doubled already, just off the profits, just off the wealth increase.

764.458 - 786.434 Steve Bannon

And they're all jumping on force majeure. The Saudis the other day, force majeure, they want to break the contracts with the West. They want to break the contracts of oil that's at 50, 52, $55 a barrel. And the Qatar already, I think, invoked on the five-year contracts for gas or liquefied natural gas if they liquefy it. These guys are making a fortune.

786.454 - 803.757 Steve Bannon

It's time to get the checkbooks out and stroke the checks. I don't know why we would go to Capitol Hill, ask for $200 billion until we go around and pass the hat there and say, hey, you in for that, you in for that, you in for get your checkbook out. I want to see a bunch of zeros at the end of this. Then whatever the net is, maybe you have to throw something at it.

Chapter 4: How might the Supreme Court's ruling affect immigration policy?

918.599 - 946.998 Steve Bannon

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947.819 - 980.283 Steve Bannon

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981.565 - 1011.407 Steve Bannon

Do it today. Here's your host, Stephen K. Bannon. So from the turnover I did with Eric Bolling, just remember today, right in your number two pencil, that it was the first time that President Trump had talked about it. It was some specificity backed up by the Secretary of State or the National Security Advisor. The markets did not respond. The oil market did not drop like it has dropped.

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1011.447 - 1034.032 Steve Bannon

In fact, West Texas Intermediate, finished, I think, at 105 and 115 or about for Brent. It's not these specific numbers. It's kind of the pattern recognition. Trent did not back off. I think the markets need to see a little more information because the Iranians are coming out and pretty much saying, well, first off, nobody can figure out who's negotiating. Actually, we're doing it directly.

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1034.072 - 1054.03 Steve Bannon

But a lot of different elements. Remember, they're probably shattered into several different elements or denying it. Of course, the entry room also reports that, you know, I keep talking about Aryan's land, this history of the of the retreat back from India of Alexander the Great and his army.

1054.01 - 1074.03 Steve Bannon

But they took the they took the land route right on the rim right there in the north on the North Arabian Sea and then into the Persian Gulf as he put 50 percent of his troops on the ships and had them go through Hormuz. And it's just horrific. You got to read about this expedition. But they said, hey, Aryan in the morning and Caddyshack in the afternoon. That's range.

1074.11 - 1095.007 Steve Bannon

That's where you come to the war room for. Mike Davis, I got two things for you. One is very disturbing. And there's some good guys over there, too. And I think they went along with this. The Senate, you agree to a deal that carves out. ICE and Customs and Border. Now, there is some theory.

1095.448 - 1116.602 Steve Bannon

Of course, Rosemary Jenks says she's talked to appropriations, and she says this theory doesn't work, that somehow the big, beautiful bill, they got loaded in there somehow, but it's still not clarity of that. Although TSA somehow started getting paid today because CNN went to Houston's airport and they went to Atlanta's airport, which were two of the worst, if not the two worst,

1116.582 - 1132.731 Steve Bannon

And it's like two minutes in there. I hope it's because ICE agents that were there not getting paid were arresting illegal aliens. I don't know, but they're breezing through. Tell me about that. That's bad enough. Also, you know, we spent all this time. I could tell. And Warren Posse understood it.

Chapter 5: What are the potential political consequences of this case for President Trump?

1173.373 - 1204.176 Unknown

The senators have two crucial tasks that they have to accomplish. They need to fund our homeland security so our DHS workers are not going for more than 40 days without their paychecks. They also need to pass the Save America Act in the Senate that has 80 percent support among American voters, including a supermajority of Democrats and even a supermajority of minorities.

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1204.817 - 1225.961 Unknown

These Senate Republicans failed those two crucial tests. They are on their second vote. paid vacation in just about 40 days while at the same time these DHS workers were not getting paid. We have DHS workers going to food banks.

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1226.322 - 1250.952 Unknown

These families are working paycheck to paycheck, and these senators thought it was a good idea to take their second paid vacation in 40 days while DHS workers are going unpaid. What the hell is going on And the Senate, I want to say this to the Senate Republicans, do your jobs. Your job is to protect our homeland.

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1251.252 - 1260.326 Unknown

Your job is to make sure that only American citizens are voting in American elections. These have brought bipartisan support.

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1260.707 - 1280.085 Steve Bannon

And you want to go on your second? But hang on. They know all that. Hang on. You work for a guy you revere, Grassley, right? You know the Senate as well as anybody. Hell, you've led confirmations and some of the hardest confirmations in American history. See what's going on here. Correct me if I'm wrong, but somehow they're treating President Trump as a lame duck.

1280.406 - 1299.066 Steve Bannon

They go on recess and they don't actually go on a technical recess so he can't do recess appointments. Grassley and these guys still abiding by the rules, so they're not breaking the filibuster. We're still blue-slipping. People like crazy. President Trump still only got 14, I think, U.S. attorneys, which, you know, are the shock troops over at DOJ. And we got nobody at DOJ.

1299.086 - 1313.666 Steve Bannon

You got a handful of great people, but they're barely hanging on. They got Casey. You know, every day they're going into federal court. They were down in Georgia the other day. You've got this situation of the Save America where they have no, you know, and I know they have no intention of ever passing that.

1313.946 - 1331.073 Steve Bannon

In fact, Tuberville said, hey, you couldn't even get if we get if there's no filibuster, we couldn't get fit. 50 votes to make J.D. the 51st. He says you wouldn't come closer. A couple of short there. So what is President Trump to do that? The Senate has basically said, hey, sorry, not sorry.

1331.494 - 1351.246 Steve Bannon

John Thune, isn't it time that we actually get Article three in the war room posse and get up because you only need 27 votes to change the leader? And John Thune is a good guy. He's a nice guy. But clearly, you know, in wartime. You need a wartime consigliere. You need people that are prepared to take it to the mat, and he's just not going to do it.

Chapter 6: How do legal scholars view the arguments presented by Trump’s administration?

1427.344 - 1450.735 Unknown

If they want to filibuster the Save America Act, Make them stand on their feet and talk until they run out of gas, and then you can pass the Save America Act with a simple majority. And on DHS funding, you really can't get the support to pay our TSA workers. You can't get the support. to pay our ICE agents?

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1451.256 - 1473.627 Unknown

What the hell are Senate Republicans doing if they can't lean in on these two crucial issues that deal directly with our sovereignty, with the Save America Act, and our national security with the funding of DHS? This is shameful. These Senate Republicans are cowards. They need to get their asses back to work and get out of Disneyland.

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1475.885 - 1501.489 Steve Bannon

So this morning, Punchbowl had this poll where the donors are 88% hate mass deportations or any of the videos. They don't like it. And, of course, the people are like 80% to 85%. They want deportations. So what are we going to do? The ICE situation is central. The donors don't want ICE. funded. This is one of the reasons the Senate cut it. I mean, you couldn't think of a dumber deal.

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1501.869 - 1518.484 Steve Bannon

And I understand they're saying, well, it's actually carved out because it's funded someplace else. I've still not gotten a straight answer on that. Maybe you know it. But I mean, Rosemary Jenk's a pretty serious person. She says, no, the way Big Beautiful Bill was written, it's not an appropriations bill. You couldn't just oversee. It's got to be by appropriation.

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1518.524 - 1537.381 Steve Bannon

This is why they're having this fight right now. President Trump just said, hey, look, you guys deal with it, but we're going to pay the TSA folks. You guys deal with it. Although appropriations is law. What are we to do when the donors clearly have the ear of the Senate? And so they cut these deals and make it impossible to do anything. And then they just leave town, sir.

1539.242 - 1566.737 Unknown

Mike Lee has a good proposal, which is using a provision of the Constitution for the president to call these senators back in session to pass this extraordinary measure to pay our DHS workers. They've gone without paychecks. for more than 40 days. They're not Senate Republicans. They don't have trust funds. They actually are working Americans living paycheck to paycheck.

1566.757 - 1589.603 Unknown

And it's shameful that these Senate Republicans went on their second paid vacation while these DHS workers are struggling and going to food banks. Senate Republicans are acting shamefully, and John Thune needs to bring the Senate back in session, fund DHS, and pass the Save America Act.

1589.624 - 1608.063 Unknown

And I want to remind these Senate Republicans, because I used to work with these cowards when I confirmed judges. They're the biggest—they are— It seems like the Senate is the only swamp in the world where the reptiles lack backbones, and they are really, really proving that this week.

1608.624 - 1624.422 Unknown

I need to remind these guys, these senators, you would not have a Senate majority but for Donald J. Trump and his landslide victory. You would not have won the Senate. You guys are pissing away the majority. Get your asses back to work.

Chapter 7: What historical precedents are relevant to this case?

1669.316 - 1672.802 Unknown

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1674.706 - 1696.219 Steve Bannon

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1696.239 - 1727.457 Steve Bannon

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1794.387 - 1811.413 Unknown

The Supreme Court is set to consider President Trump's attempt to end birthright citizenship, excuse me, a centerpiece of his agenda. In a post this morning, the president repeated a claim that he's made before calling the constitutional amendment establishing birthright citizenship.

1811.393 - 1835.325 Unknown

um having more to do with slavery than equality he said he also seemed to take a swipe at the justices themselves saying dumb judges and justices will not make a great country well not a great country make he inverted that donald trump and his solicitor general and a few conservative scholars are bringing to the court are some fringe arguments that have been rejected for more than a century as you said

1835.305 - 1854.181 Unknown

The 14th Amendment clearly says all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States. And that term subject to the jurisdiction has been held not to include diplomats and invading armies and initially Native Americans, although that was changed. later.

Chapter 8: What are the next steps following the Supreme Court's hearing on this case?

1932.516 - 1942.195 Steve Bannon

Because I hear from some of the most smartest guys about the Constitution, and they say this one is not even a jump ball. They think it's going to be a positive ruling. Your thoughts?

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1943.322 - 1965.988 Unknown

Well, I'm glad that Jack Smith's spokesperson is weighing in on this important Supreme Court case. I would just point to Ken to look at the Wong Kim Ark case from 1898, where the Supreme Court very, very clearly ruled on the 14th Amendment's birthright citizenship clause.

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1965.968 - 1985.108 Unknown

And the Supreme Court said that in order for you to have birthright citizenship in this country under the 14th Amendment to the Constitution, you have to be subject to the jurisdiction of the United States. And in the Wong Kim Ark case, the Supreme Court said that lawful

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1985.088 - 2002.438 Unknown

Permanent residents are subject to the jurisdiction of the United States, but American Indians, in a separate case, were not subject to the jurisdiction of the United States. So you have to ask this dispositive question.

0

2002.418 - 2025.135 Unknown

If American Indians are not subject to the jurisdiction of the United States under the 14th Amendment, how the hell would illegal aliens be subject to the jurisdiction of the United States? They're clearly not. If you follow the plain text, textualism, or the original public meaning of the 14th Amendment's birthright citizenship clause, originalism,

2025.115 - 2043.265 Unknown

These constitutionalist justices on the Supreme Court should find this to be a very easy case. There is clearly no birthright citizenship for illegal aliens. For Chinese birth tourists, for example, should not have birthright citizenship.

2043.686 - 2072.228 Steve Bannon

One point. Schweitzer's found 1.4 million Manchurian voters, Chinese nationals living in China that are U.S. citizens and can vote when they're of age. I mean, this is one of the reasons the book spent five weeks on the New York Times bestseller list. Mike, does it behoove President Trump who selected a lot of these folks. He's like a college basketball coach working the refs.

2072.248 - 2077.667 Steve Bannon

Does it behoove him? He's working the refs on this one hard. Does it behoove him to work the refs?

2079.048 - 2101.833 Unknown

I would just say this to these six Republican-appointed Supreme Court justices. If you're actually going to follow the law, this is a very easy case. There is no birthright citizenship for illegal aliens. They're not subject to the jurisdiction of the United States. They're subject to the jurisdiction from the country from which they came, right?

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