1 00:00:04,879 --> 00:00:07,160 Speaker 1: What's going on? Thank you so much for listening to 2 00:00:07,200 --> 00:00:09,640 this podcast. It is heard live every day from noon 3 00:00:09,679 --> 00:00:12,480 to three on WBT Radio in Charlotte. And if you 4 00:00:12,560 --> 00:00:16,719 want exclusive content like invitations to events, the weekly live stream, 5 00:00:16,760 --> 00:00:19,239 my daily show prep with all the links, become a patron, 6 00:00:19,320 --> 00:00:22,640 go to thepeakclendarshow dot com. Make sure you hit the 7 00:00:22,640 --> 00:00:25,160 subscribe button. Get every episode for free right to your 8 00:00:25,160 --> 00:00:27,679 smartphone or tablet. And again, thank you so much for 9 00:00:27,760 --> 00:00:36,079 your support. So could DOGE kill off judicial abuses? I 10 00:00:36,119 --> 00:00:39,200 don't know if this was the intention or if this 11 00:00:39,359 --> 00:00:42,240 is just gravy, but either way, I am here for it. 12 00:00:43,759 --> 00:00:49,280 DOGE the Department of Government Efficiency, which, despite what apparently 13 00:00:49,320 --> 00:00:50,520 a lot of people on the left and in the 14 00:00:50,560 --> 00:00:54,159 media but I repeat myself, believe they think this is 15 00:00:54,359 --> 00:00:56,840 some sort of a new agency, it's actually not. It's 16 00:00:56,920 --> 00:01:00,159 just a rebrand of an existing thing that was created 17 00:01:00,240 --> 00:01:06,959 by Barack Obama. So they're going through they're finding waste fraud, abuse, 18 00:01:07,040 --> 00:01:12,120 they're putting people on paid leave, they're offering early retirements 19 00:01:12,159 --> 00:01:16,560 and stuff. They're just cutting cut, cut cut, And to 20 00:01:16,640 --> 00:01:20,599 quote Kevin O'Leary, and one of the things though that 21 00:01:20,640 --> 00:01:25,319 this has prompted aside from the wailing and the gnashing 22 00:01:25,359 --> 00:01:29,879 of teeth and the three person press conference outside of 23 00:01:29,920 --> 00:01:35,640 the various government agencies and such, and the weird defense 24 00:01:35,719 --> 00:01:38,519 by Democrats of bureaucrats and like, I can't believe they 25 00:01:38,519 --> 00:01:41,560 hate irs auditors so much? Who are these American people? 26 00:01:41,599 --> 00:01:41,760 Speaker 2: You know? 27 00:01:42,560 --> 00:01:46,719 Speaker 1: Aside from all of that, we could be seeing a 28 00:01:47,560 --> 00:01:56,760 dismantling of injunction abuse, injunctive relief. It know, that's it's 29 00:01:56,760 --> 00:02:00,400 not pink eye. It's although it is kind of as 30 00:02:00,439 --> 00:02:04,000 annoying and apparently as contagious as of late. But no, 31 00:02:04,120 --> 00:02:09,680 this is where people judge shop. Democrats mainly go to 32 00:02:09,759 --> 00:02:13,520 a court and try to get a court to stop 33 00:02:13,719 --> 00:02:17,159 something from happening across the entire country. And all they 34 00:02:17,159 --> 00:02:20,599 have to do is convince one judge at a federal 35 00:02:20,639 --> 00:02:26,759 district level. So the AP who takes whatever Hamas says 36 00:02:27,280 --> 00:02:31,120 at face value, the AP still not allowed on Air 37 00:02:31,159 --> 00:02:33,120 Force one because they don't they don't want to call 38 00:02:33,159 --> 00:02:37,400 it the Gulf of America. They will call everybody by pronouns, 39 00:02:37,439 --> 00:02:39,599 and they will you know, mess with our language in 40 00:02:39,639 --> 00:02:41,960 all sorts of other ways, and then direct every newsroom 41 00:02:41,960 --> 00:02:45,159 that subscribes to the AP Stylebook to do so as well. 42 00:02:45,400 --> 00:02:48,360 So but they will not be dictated to by a 43 00:02:48,400 --> 00:02:52,280 Republican when it comes to the Gulf of America. So 44 00:02:54,240 --> 00:02:59,879 they did a story on Doge notching court room win 45 00:03:01,680 --> 00:03:07,039 labor unions, Democrats, and federal employees. But I repeat myself 46 00:03:07,199 --> 00:03:10,879 have filed several lawsuits arguing that DOGE is running rough 47 00:03:10,919 --> 00:03:16,039 shod over privacy protections or usurping power from other branches 48 00:03:16,080 --> 00:03:21,159 of government. But judges appointed by Democratic and Republican presidents 49 00:03:21,479 --> 00:03:24,759 haven't always gone along with those arguments, at least so far. 50 00:03:25,520 --> 00:03:31,400 Most notably, DOGE critics are failing to obtain temporary restraining 51 00:03:31,560 --> 00:03:35,000 orders or troros. Okay, this is what the lawyers do. 52 00:03:36,000 --> 00:03:37,759 We saw this in North count We've seen it in 53 00:03:37,840 --> 00:03:41,319 North Carolina ever since the Republicans won control of the 54 00:03:41,360 --> 00:03:48,280 General Assembly. You get these leftist nonprofits that rushed to 55 00:03:48,719 --> 00:03:52,520 a judge in Durham or Wait County or something, and 56 00:03:52,639 --> 00:03:55,680 they get one judge to issue some sort of an injunction, 57 00:03:56,439 --> 00:04:00,879 filing a temporary restraining order to prevent a law from 58 00:04:00,960 --> 00:04:04,639 taking effect across the entire state. Right, and this is 59 00:04:04,639 --> 00:04:07,120 what is happening at the national level too. Where you 60 00:04:07,199 --> 00:04:09,639 go and you find a forum with a sympathetic judge, 61 00:04:09,639 --> 00:04:15,840 with an allied, philosophical, fellow traveler judge, and they issue 62 00:04:15,879 --> 00:04:21,560 a restraining order preventing something from occurring across the entire country, 63 00:04:21,600 --> 00:04:24,000 even though the rest of the country is not a 64 00:04:24,040 --> 00:04:31,000 party to the actual lawsuit. So the latest is Judge 65 00:04:31,079 --> 00:04:36,040 Randolph Moss, an Obama appointee, by the way, and this 66 00:04:36,199 --> 00:04:40,600 is a case involving the Office of Personnel Management, and 67 00:04:40,680 --> 00:04:43,120 the judge there said, it's not the job of the 68 00:04:43,120 --> 00:04:47,360 federal courts to police the security of the information systems 69 00:04:47,800 --> 00:04:53,759 in the executive branch, because the fear is that, oh 70 00:04:53,759 --> 00:04:56,439 my gosh, these doge employees, they're going to have access 71 00:04:56,480 --> 00:05:00,680 to this information, and it's that makes it insecure, and 72 00:05:00,800 --> 00:05:02,319 oh my god, look at all the terrible things that 73 00:05:02,360 --> 00:05:04,600 could happen if we let them do their jobs right 74 00:05:05,240 --> 00:05:12,639 and so and so the people go and they file 75 00:05:12,680 --> 00:05:15,680 the lawsuits, and the judges in some cases have said, 76 00:05:16,040 --> 00:05:19,680 I'm very concerned as well, but a fear of something 77 00:05:19,720 --> 00:05:25,360 that might happen is not irreparable harm. And that's why 78 00:05:25,399 --> 00:05:31,360 you would allow a tro right because it hasn't happened yet. 79 00:05:33,519 --> 00:05:36,360 Trump has been blocked at least temporarily in his efforts 80 00:05:36,439 --> 00:05:41,040 to limit birthright citizenship, to freeze congressionally authorized foreign aid, 81 00:05:41,920 --> 00:05:47,160 and to stop some healthcare services for transgender youth. There 82 00:05:47,199 --> 00:05:49,959 you go, there's another example of the associated press. They 83 00:05:49,959 --> 00:05:55,240 refer to it as healthcare services for transgender youth. Okay 84 00:05:56,720 --> 00:06:01,839 later in this piece. An exception to Doge's legal victories 85 00:06:01,839 --> 00:06:04,800 has been two lawsuits regarding Treasury Department systems, which are 86 00:06:04,879 --> 00:06:08,519 used to distribute trillions of dollars in federal money. The 87 00:06:08,600 --> 00:06:12,199 databases can include sensitive information like bank accounts and social 88 00:06:12,240 --> 00:06:15,879 Security numbers, and they're traditionally maintained by only non partisan 89 00:06:16,399 --> 00:06:22,680 career officials because obviously, if you work for the federal government, 90 00:06:23,480 --> 00:06:29,600 you're obviously nonpartisan. Right. A judge in Washington restricted Doge's 91 00:06:29,639 --> 00:06:32,439 access to two staff members, while another judge in New 92 00:06:32,519 --> 00:06:37,680 York has temporarily blocked Doge altogether. They go on to 93 00:06:37,759 --> 00:06:40,639 quote a couple different people, Norm Eisen of all people, 94 00:06:40,680 --> 00:06:45,439 but they then asked John you why oh, and if 95 00:06:45,439 --> 00:06:47,120 that name rings the ballots, because he was the one 96 00:06:47,120 --> 00:06:51,720 that came up with the defense of the waterboarding and 97 00:06:51,800 --> 00:06:57,279 such during the War on terror. Right, he was a 98 00:06:57,319 --> 00:07:01,680 bush guy. He's now a law professor at University California 99 00:07:01,680 --> 00:07:05,120 in Berkeley, and he said an important factor has been 100 00:07:05,160 --> 00:07:10,439 the administration's contention that Musk is a presidential advisor without 101 00:07:10,480 --> 00:07:15,439 any independent authority. He said there are echoes of another 102 00:07:15,560 --> 00:07:22,519 legal battle from the nineteen nineties when Hillary Clinton chaired 103 00:07:22,560 --> 00:07:27,639 a healthcare task force as First Lady Remember Hillary Care. 104 00:07:28,639 --> 00:07:32,839 A federal appeals court in Washington, DC ruled that the 105 00:07:32,879 --> 00:07:37,759 task force did not need to comply with rules on 106 00:07:38,600 --> 00:07:43,560 open meetings, so they could hold their meetings in closed session, 107 00:07:43,600 --> 00:07:48,000 basically outside the view of the public. So a federal 108 00:07:48,040 --> 00:07:54,480 appeals court ruled in favor of Hillary Clinton's task force 109 00:07:55,079 --> 00:08:00,680 holding secret meetings. Okay, because it's just a task force. Heywo, 110 00:08:01,000 --> 00:08:06,360 consequences of my own actions. Yes, we meet again. So 111 00:08:06,439 --> 00:08:09,439 you got the ruling you wanted for that, and now 112 00:08:11,639 --> 00:08:15,839 that's precedent. And now you're trying to argue the opposite 113 00:08:15,920 --> 00:08:19,360 because it's Elon Musk who actually is not holding the 114 00:08:19,360 --> 00:08:22,519 private meetings, actually posting all of this stuff onto social media. 115 00:08:22,959 --> 00:08:25,959 A major victory for Trump and Musk came in Boston, 116 00:08:26,160 --> 00:08:30,199 where US District Judge Georgie O'Toole Junior allowed the administration 117 00:08:30,279 --> 00:08:35,039 to implement its deferred resignation program. Commonly described as a 118 00:08:35,080 --> 00:08:38,320 buy out. The program allows workers to quit while still 119 00:08:38,320 --> 00:08:42,080 getting paid until September thirtieth. It was challenged by a 120 00:08:42,120 --> 00:08:44,759 group of labor unions who called anybody who took the 121 00:08:44,759 --> 00:08:50,600 deal a scab. Remember that O'Toole, by the way, it 122 00:08:50,679 --> 00:08:57,200 was a Clinton appointee. The judge also decided Randolph Moss 123 00:08:57,240 --> 00:09:01,240 that judge decided not to block Musk's team from viewing 124 00:09:01,720 --> 00:09:05,480 Education Department data. More on that in a bit, but 125 00:09:05,759 --> 00:09:08,799 he pointed out that DOGE employees had testified in court 126 00:09:08,799 --> 00:09:12,039 papers they would follow laws around information sharing. So they've 127 00:09:12,039 --> 00:09:14,679 said we're going to follow all the laws on that district. 128 00:09:14,759 --> 00:09:18,080 Judge John Bates, a W. Bush appointee, did not stand 129 00:09:18,080 --> 00:09:21,159 in the way of Doge's involvement at the Department of Labor, 130 00:09:21,320 --> 00:09:23,840 the Department of Health and Human Services, and the Consumer 131 00:09:23,919 --> 00:09:27,120 Financial Protection Bureau. Although Baits said he had concerns about 132 00:09:27,120 --> 00:09:29,960 the privacy issues raised, he found the evidence did not 133 00:09:30,240 --> 00:09:34,799 justify a court block. Okay, the lawyers say the DOGE 134 00:09:34,840 --> 00:09:38,240 team is not running rampant accessing any data system they desire, 135 00:09:38,440 --> 00:09:41,120 and they have gotten security training and they have signed 136 00:09:41,120 --> 00:09:45,519 non disclosure agreements. Okay, so that sets the table, right. 137 00:09:45,559 --> 00:09:47,600 You got all the lawsuits trying to get these temporary 138 00:09:47,600 --> 00:09:53,720 restraining orders. And if it seems confusing, that's because it 139 00:09:53,960 --> 00:09:56,440 is all right. If you're listening to this show, you 140 00:09:56,519 --> 00:09:57,960 know I try to keep up with all sorts of 141 00:09:58,039 --> 00:10:00,080 current events, and I know you do too, And and 142 00:10:00,120 --> 00:10:03,480 you've probably heard me say get your news from multiple sources. 143 00:10:03,960 --> 00:10:07,240 Why well, because it's how you detect media bias, which 144 00:10:07,279 --> 00:10:10,159 is why I've been so impressed with ground News. It's 145 00:10:10,279 --> 00:10:13,720 an app, and it's a website, and it combines news 146 00:10:13,720 --> 00:10:15,679 from around the world in one place so you can 147 00:10:15,720 --> 00:10:19,039 compare coverage and verify information. You can check it out 148 00:10:19,080 --> 00:10:23,720 at check dot ground, dot news slash pete. I put 149 00:10:23,720 --> 00:10:26,679 the link in the podcast description too. I started using 150 00:10:26,679 --> 00:10:29,600 ground News a few months ago and more recently chose 151 00:10:29,639 --> 00:10:31,600 to work with them as an affiliate because it lets 152 00:10:31,600 --> 00:10:35,240 me see clearly how stories get covered and by whom. 153 00:10:35,480 --> 00:10:38,440 The blind spot feature shows you which stories get ignored 154 00:10:38,480 --> 00:10:41,399 by the left and the right. See for yourself check 155 00:10:41,519 --> 00:10:46,000 dot ground, dot news slash pete. Subscribe through that link 156 00:10:46,039 --> 00:10:48,919 and you'll get fifteen percent off any subscription. I use 157 00:10:48,960 --> 00:10:52,080 the vantage plan to get unlimited access to every feature 158 00:10:52,320 --> 00:10:55,080 your subscription then not only helps my podcast, but it 159 00:10:55,120 --> 00:10:58,240 also supports ground news as they make the media landscape 160 00:10:58,279 --> 00:11:02,440 more transparent. All right, so I mentioned a couple of cases, 161 00:11:02,840 --> 00:11:07,799 these requests for injunctive relief or temporary restraining orders against 162 00:11:07,879 --> 00:11:10,759 various things the Doge and the Trump administration has been 163 00:11:10,799 --> 00:11:14,120 trying to do up in Massachusetts or should I call 164 00:11:14,159 --> 00:11:17,679 it Hamassachusetts. I'm not sure they have blocked. A judge 165 00:11:17,759 --> 00:11:23,480 up there blocked the Trump administration's rate change to NIH 166 00:11:23,759 --> 00:11:28,360 grants national institutes for a National Institute for Health the grants, 167 00:11:28,919 --> 00:11:32,120 and this is nuts. Elon Musk responded to this, calling 168 00:11:32,120 --> 00:11:35,879 it deeply wrong. He said, a judge blocked dropping the 169 00:11:36,080 --> 00:11:40,720 overhead charged, which is like administrative and all that like 170 00:11:41,039 --> 00:11:44,919 non program related costs. So when you apply for a 171 00:11:45,039 --> 00:11:52,279 grant with the NIH, you're allowed to get the overhead 172 00:11:53,679 --> 00:11:57,159 as a percentage of the total grant. You can get 173 00:11:57,200 --> 00:12:01,600 like sixty percent of that grant to go to just overhead, 174 00:12:02,679 --> 00:12:07,759 not the actual research. So obviously this is why these 175 00:12:08,120 --> 00:12:11,639 you know, unc Duke University, right, this is why they 176 00:12:12,200 --> 00:12:15,600 they hire grant writers because if you can just keep 177 00:12:15,639 --> 00:12:19,639 the flow of grants coming, you can pay for all 178 00:12:19,639 --> 00:12:24,000 these other facilities and personnel and whatever the overhead is. 179 00:12:24,159 --> 00:12:27,559 You just keep offloading those costs and paying for it 180 00:12:27,600 --> 00:12:32,240 with federal taxpayer dollars. And what the doge guys or 181 00:12:32,279 --> 00:12:34,720 as I've seen, who was this that sent the email? 182 00:12:35,159 --> 00:12:39,759 Dennis suggests we call them the musketeers, the Doge musketeers 183 00:12:39,799 --> 00:12:44,120 if you will. That they're just saying, no, sixty percent 184 00:12:44,200 --> 00:12:49,480 overhead is nuts. It should be tops fifteen fifteen percent. Look, 185 00:12:49,559 --> 00:12:52,559 if you're donating money to a charity, you don't You 186 00:12:52,600 --> 00:12:56,279 shouldn't donate money to a charity if more than fifteen 187 00:12:56,320 --> 00:13:02,039 percent is going to their overhead, to their administrator of costs. 188 00:13:02,919 --> 00:13:05,960 Every dollar I give to a charitable organization, I want 189 00:13:06,000 --> 00:13:08,519 the most amount of money. In fact, I usually want 190 00:13:08,559 --> 00:13:11,960 it to be around ninety cents of every dollar to 191 00:13:12,080 --> 00:13:16,200 go to the program, not to overhead, not to administrative. 192 00:13:18,039 --> 00:13:24,320 So that's another example. And then a federal judge Yes 193 00:13:24,480 --> 00:13:30,279 or Sorry Tuesday declined to block Elon Musk's Department of 194 00:13:30,279 --> 00:13:35,399 Government Efficiency from accessing government data or firing federal employees. 195 00:13:35,919 --> 00:13:44,440 US District Judge Tanya Chuckcan or Chootcan shut Cain anyway, 196 00:13:44,519 --> 00:13:47,600 She declined to grant the plaintiff's request for a temporary 197 00:13:47,639 --> 00:13:52,919 restraining order, saying that their failure to demonstrate evidence of 198 00:13:52,960 --> 00:13:58,559 their reparable harm caused by Doge's accent access that's the reason. 199 00:13:59,399 --> 00:14:02,480 She's like, Yeah, you can call into question what appears 200 00:14:02,519 --> 00:14:06,320 to be the unchecked authority of an unelected individual and 201 00:14:06,360 --> 00:14:09,120 an entity that was not created by Congress and over 202 00:14:09,200 --> 00:14:13,039 which it has no oversight. In these circumstances, though it 203 00:14:13,080 --> 00:14:15,600 has to be indisputable that this court acts within the 204 00:14:15,600 --> 00:14:19,200 bounds of its authority, she says, it cannot issue a 205 00:14:19,240 --> 00:14:24,080 tro temporary restraining order, especially one as wide ranging as 206 00:14:24,080 --> 00:14:30,039 plaintiffs request, without clear evidence of imminent irreparable harm to 207 00:14:30,240 --> 00:14:35,320 these plaintiffs. The decision is a blow to the coalition 208 00:14:35,440 --> 00:14:40,159 of fourteen Democrat state attorneys general who sued to temporarily 209 00:14:40,240 --> 00:14:46,840 restrict Doge's access to federal data about government employees. Those 210 00:14:46,879 --> 00:14:51,679 states argued that the leadership role held by Musk represents 211 00:14:51,720 --> 00:14:56,919 an unlawful delegation of executive power and threatened what they 212 00:14:57,000 --> 00:15:01,919 described as widespread disruption to employees working across various federal 213 00:15:01,919 --> 00:15:09,639 agencies and government contractors. Disruption is not illegal, right, it's 214 00:15:09,639 --> 00:15:14,360 not illegal. And then, of course New Mexico Attorney General 215 00:15:14,440 --> 00:15:18,720 Raoul Torres, there's no greater threat to democracy then the 216 00:15:18,759 --> 00:15:21,320 accumulation of state power in the hands of a single 217 00:15:21,480 --> 00:15:25,879 unelected individual, which is doesn't that kind of happen already 218 00:15:26,080 --> 00:15:30,639 at the bureaucratic level. By the way, North Carolina not 219 00:15:31,279 --> 00:15:37,919 part of this lawsuit. I was as surprised as you, Doge. 220 00:15:38,080 --> 00:15:41,200 This is according to the piece at Fox News, the 221 00:15:41,320 --> 00:15:44,600 Musk led agency was created via executive order earlier this year. 222 00:15:44,759 --> 00:15:47,559 Its status as a temporary organization within the White House 223 00:15:47,559 --> 00:15:50,360 gives Doge and its employees eighteen months to carry out 224 00:15:50,360 --> 00:15:54,320 its goals of optimizing the federal government, streamlining its operations, 225 00:15:54,639 --> 00:15:58,240 and doing it all at a lower cost. Keep in mind, 226 00:15:58,480 --> 00:16:01,159 this is not the creation of a new entity. It 227 00:16:01,279 --> 00:16:06,320 is the renaming of an existing one that Obama created. Again, 228 00:16:06,759 --> 00:16:09,519 you guys on the left were the ones that created 229 00:16:09,600 --> 00:16:13,600 all of this infrastructure. Now you're mad that somebody is 230 00:16:13,720 --> 00:16:19,440 using it to undermine your policy preferences and ideological goals. 231 00:16:19,720 --> 00:16:22,600 That's really what's going on. Here's a great idea. How 232 00:16:22,639 --> 00:16:25,720 about making an escape to a really special and secluded 233 00:16:25,759 --> 00:16:28,600 getaway in western North Carolina, just a quick drive up 234 00:16:28,600 --> 00:16:31,759 the mountain and Cabins of Asheville is your connection. Whether 235 00:16:31,799 --> 00:16:34,679 you're celebrating an anniversary, a honeymoon, maybe you want to 236 00:16:34,679 --> 00:16:37,519 plan a memorable proposal, or get family and friends together 237 00:16:37,559 --> 00:16:40,279 for a big old reunion, Cabins of Ashville has the 238 00:16:40,360 --> 00:16:43,159 ideal spot for you where you can reconnect with your 239 00:16:43,200 --> 00:16:46,440 loved ones and the things that truly matter. 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And I'm wondering if those people think that, well, 259 00:17:59,039 --> 00:18:02,160 they probably have no ex experience in the private sector 260 00:18:02,279 --> 00:18:05,519 as a business owner, right, because you can actually do 261 00:18:05,559 --> 00:18:09,039 this stuff very quickly. Trust me, I've had it done 262 00:18:09,079 --> 00:18:13,440 to me. It happens very quickly. But Musk and his 263 00:18:13,519 --> 00:18:16,599 allies have wasted little time racing to do just that. 264 00:18:17,240 --> 00:18:20,480 They've spent the last past month racing to deliver on 265 00:18:20,519 --> 00:18:23,400 what they see as one of Trump's biggest campaign trail pledges, 266 00:18:23,680 --> 00:18:28,200 reducing bloated federal budgets, aggressively slashing government waste, and firing 267 00:18:28,319 --> 00:18:31,960 or putting on ice large swaths of federal employees. And 268 00:18:32,000 --> 00:18:36,240 that brings me to mister Wonderful aka Kevin O'Leary, he 269 00:18:36,480 --> 00:18:40,559 of the shark Tank fame. He was on CNN and 270 00:18:41,279 --> 00:18:44,160 he is loving what he is seeing. 271 00:18:44,640 --> 00:18:48,000 Speaker 2: I think the issue is they're not whacking enough. There's 272 00:18:48,039 --> 00:18:50,680 this concept in private equity when you get a bankrupt 273 00:18:50,920 --> 00:18:54,480 company and you go in there, you cut twenty percent 274 00:18:54,640 --> 00:18:57,759 more than your initial read, and then you find like 275 00:18:57,799 --> 00:19:00,720 a pool of mercury. The organization jells back together again. 276 00:19:01,240 --> 00:19:06,440 Always cut deeper, harder when there's fat and waste. The FAA, 277 00:19:06,480 --> 00:19:10,960 it's not the people. The code is cobalt, it's from 278 00:19:11,000 --> 00:19:14,319 the sixties. It needs cap X put into it for 279 00:19:14,400 --> 00:19:16,640 the technology to be upgraded to make it safer. 280 00:19:17,519 --> 00:19:18,799 Speaker 1: Fat like a chicken. 281 00:19:19,039 --> 00:19:23,119 Speaker 2: All of these agencies are like big fat chickens dripping 282 00:19:23,200 --> 00:19:26,279 over barbecues of fat. This is the best barbecue I've 283 00:19:26,279 --> 00:19:28,519 ever seen. But I don't think it's happening fast enough. 284 00:19:28,640 --> 00:19:32,759 They're not cutting enough. Keep slashing, keep packing. While you 285 00:19:32,799 --> 00:19:37,960 have a twenty four month mandate before the midterms. Cut cut, cut, cut, cut. 286 00:19:38,240 --> 00:19:39,599 Speaker 1: More more cutting. 287 00:19:39,920 --> 00:19:41,759 Speaker 2: Believe me, it's gonna work out just great. 288 00:19:41,799 --> 00:19:46,119 Speaker 1: Everybody's nuclear codes. Cut them to cut everything. 289 00:19:46,400 --> 00:19:49,319 Speaker 2: Because if you don't see what they're doing, and they 290 00:19:49,359 --> 00:19:52,680 can't show you that they're adding value, you whack. 291 00:19:52,839 --> 00:19:56,759 Speaker 1: You whack right. No, not you, Jeffrey Tubin, not you 292 00:19:57,119 --> 00:20:03,480 at all. Right. So this brings me now to the 293 00:20:03,599 --> 00:20:06,279 larger issue here, which is the judicial abuses that we 294 00:20:06,359 --> 00:20:09,759 have seen. Okay, and all of this whacking and cutting 295 00:20:10,240 --> 00:20:15,359 and filing of the lawsuits seeking temporary restraining orders, this 296 00:20:15,440 --> 00:20:19,480 might actually force the US Supreme Court to do something 297 00:20:19,720 --> 00:20:26,000 about this injunctive relief abuse. Right, this lawfare tactic that 298 00:20:26,039 --> 00:20:28,839 the left has been using, and now increasingly the right 299 00:20:28,920 --> 00:20:32,079 as well, of going to a judge, getting a temporary 300 00:20:32,119 --> 00:20:36,960 restraining order and stopping some sort of government action that 301 00:20:37,079 --> 00:20:44,480 you don't like. It's like a venue for policy disagreement. 302 00:20:45,200 --> 00:20:47,200 And that's not what the courts are supposed to be 303 00:20:47,319 --> 00:20:50,160 used for. They're supposed to be there to clear out 304 00:20:50,200 --> 00:20:52,799 the federal district courts are supposed to clear out a 305 00:20:52,799 --> 00:20:56,680 lot of the less important cases. So not everything goes 306 00:20:56,680 --> 00:20:59,079 all the way to the Supreme Court. The Supreme Court 307 00:20:59,119 --> 00:21:01,359 would not have time to hear all the cases from 308 00:21:01,400 --> 00:21:05,400 all across the country. They are they are mechanisms for 309 00:21:06,119 --> 00:21:13,440 the US Supreme Court right to distribute the workload. But 310 00:21:13,599 --> 00:21:16,920 Gorsich Neil Gorsch, one of the Supreme Court justices and 311 00:21:17,039 --> 00:21:21,200 also Clarence Thomas in a case from like five years ago. 312 00:21:21,680 --> 00:21:25,400 They were talking about this process, Gorsich said. He says, 313 00:21:26,720 --> 00:21:30,039 despite the fluid state of some things, we now have 314 00:21:30,119 --> 00:21:32,400 an injunction to rule over all of them. They were 315 00:21:32,480 --> 00:21:35,119 ruling on some injunction, the one before us, in which 316 00:21:35,160 --> 00:21:38,200 a single judge in New York and joined the government 317 00:21:38,240 --> 00:21:42,319 from applying a new definition to anybody without regard to 318 00:21:42,359 --> 00:21:46,599 geography or participation in this lawsuit or any other lawsuit. 319 00:21:47,200 --> 00:21:51,000 This one lawsuit, and it's affecting the entire country, and 320 00:21:51,039 --> 00:21:53,039 nobody else is a plaintiff to this case. It's just 321 00:21:53,039 --> 00:21:57,119 this one plaintiff here. The second Circuit declined to stay 322 00:21:57,440 --> 00:22:02,200 issue a stay for this particular injunction. And now, after 323 00:22:02,279 --> 00:22:04,680 so many trips up and down and all around the 324 00:22:04,759 --> 00:22:08,839 judicial map, the government brings its well rehearsed arguments before us. 325 00:22:09,160 --> 00:22:12,920 The real problem here, he says, is the increasingly common 326 00:22:13,039 --> 00:22:18,680 practice of trial courts ordering relief that transcends the cases 327 00:22:18,759 --> 00:22:22,559 before them. What is he saying, This is a warning 328 00:22:22,599 --> 00:22:28,240 shot that you, district court level judges, you are outside 329 00:22:28,359 --> 00:22:35,960 your lanes. When a district court orders the government not 330 00:22:36,079 --> 00:22:39,079 to enforce a rule against the plaintiffs in the case 331 00:22:39,119 --> 00:22:41,799 before it, the court redresses the injury that gives rise 332 00:22:41,960 --> 00:22:44,440 to its jurisdiction in the first place. But if a 333 00:22:44,519 --> 00:22:48,920 court goes further than that, ordering the government to take 334 00:22:49,039 --> 00:22:53,359 or not take some specific action with respect to people 335 00:22:53,359 --> 00:22:56,400 who are strangers to the suit, well, then it's hard 336 00:22:56,400 --> 00:22:59,160 to see how the court could still be acting in 337 00:22:59,240 --> 00:23:04,599 the judicial role of resolving cases and controversies. Injunctions like 338 00:23:04,720 --> 00:23:09,759 these thus raise serious questions about the scope of court's 339 00:23:10,400 --> 00:23:18,559 equitable powers under Article three. This is actually the constitutional 340 00:23:18,599 --> 00:23:30,920 crisis here lefties it has become increasingly apparent. He goes 341 00:23:30,960 --> 00:23:32,839 on to say that the court must, this court, the 342 00:23:32,880 --> 00:23:36,720 Supreme Court, has to at some point confront these important 343 00:23:36,720 --> 00:23:42,839 objections to this increasingly widespread practice. He says this case 344 00:23:42,839 --> 00:23:49,519 illustrates the routine issuance of universal injunctions and that this 345 00:23:49,720 --> 00:23:54,200 is unworkable. It sows chaos for the litigants, for the government, 346 00:23:54,440 --> 00:23:59,920 for the courts, and everybody affected by the conflicting decisions 347 00:24:00,079 --> 00:24:03,119 that get made first at the district level, then at 348 00:24:03,200 --> 00:24:05,440 appeals court level. Then it goes back to the district 349 00:24:05,440 --> 00:24:07,440 and then that gets a ruling, and then that gets 350 00:24:07,440 --> 00:24:09,200 appealed and then it goes to the appeals court, and 351 00:24:09,240 --> 00:24:11,759 then that gets appealed or sent back. Its back and 352 00:24:11,799 --> 00:24:14,279 forth and up and down, and everybody's in a state 353 00:24:14,279 --> 00:24:18,480 of chaos in the meantime. And he's like, you're supposed 354 00:24:18,480 --> 00:24:22,720 to be looking at these individual cases in a methodical way, 355 00:24:23,079 --> 00:24:27,759 developing your arguments and your evidence, and the cases are 356 00:24:27,799 --> 00:24:32,599 supposed to be limited to the people participating in the cases. 357 00:24:34,559 --> 00:24:39,039 But now, he says, you have both sides forced to 358 00:24:39,200 --> 00:24:43,359 rush from one preliminary injunction hearing to another, leaping from 359 00:24:43,359 --> 00:24:47,480 one emergency stay application to the next, each with potentially 360 00:24:47,599 --> 00:24:54,160 nationwide stakes, and all based on expedited briefings and little 361 00:24:54,160 --> 00:24:58,359 opportunity for the adversarial testing of the evidence. This is 362 00:24:58,400 --> 00:25:03,440 not normal. He says that this is not normal. Universal 363 00:25:03,480 --> 00:25:10,920 injunctions have little basis in traditional equitable practice, and they 364 00:25:10,960 --> 00:25:14,319 hardly seem an innovation we should rush to embrace. He's like, 365 00:25:14,359 --> 00:25:17,359 we shouldn't be doing this. By their nature, this kind 366 00:25:17,400 --> 00:25:24,559 of a sweeping universal injunction forces judges into making rushed decisions, 367 00:25:25,799 --> 00:25:31,079 high stakes decisions, while having low information. There's a trifecta 368 00:25:31,119 --> 00:25:33,839 of damassary. What are we doing? He didn't say that 369 00:25:33,920 --> 00:25:35,519 I'm saying that he would not put that in the 370 00:25:36,480 --> 00:25:40,920 in the opinion, the rise of nationwide injunctions may be 371 00:25:41,160 --> 00:25:45,599 just a sign of our impatient times, he says. But 372 00:25:45,680 --> 00:25:48,079 he said there are costs. There are right now more 373 00:25:48,119 --> 00:25:51,480 than a thousand active and senior district court judges in 374 00:25:51,599 --> 00:25:55,440 ninety four judicial districts and subject to review in twelve 375 00:25:55,519 --> 00:25:59,680 regional courts of appeal. Because plaintiffs generally are not bound 376 00:26:00,240 --> 00:26:03,960 by you know, adverse decisions against them in cases to 377 00:26:04,039 --> 00:26:05,880 which they are not a party, there is nearly a 378 00:26:05,920 --> 00:26:10,759 boundless opportunity to shop for a friendly forum to secure 379 00:26:10,880 --> 00:26:16,720 a win nationwide. Right, That's that's the feature. It's not 380 00:26:16,920 --> 00:26:21,000 a bug. That's the reason why the tactic exists. That's 381 00:26:21,039 --> 00:26:24,319 why the left has done this is so they can 382 00:26:24,519 --> 00:26:27,720 forum shop. They can find a lawyer with a wardrobe 383 00:26:27,799 --> 00:26:31,119 change that agrees with them, that they know is quote, 384 00:26:31,119 --> 00:26:33,279 you know, on their side, and then they go to 385 00:26:33,359 --> 00:26:36,720 that judge, and they get one judge in one venue 386 00:26:36,960 --> 00:26:40,279 that they know will agree with them to issue an 387 00:26:40,279 --> 00:26:45,200 injunction that affects the entire country, and it slows down 388 00:26:45,240 --> 00:26:49,519 whatever the Republicans are trying to do. It's lawfare and 389 00:26:49,559 --> 00:26:53,279 it's been called out in the past by Supreme Court judges, 390 00:26:53,480 --> 00:26:57,319 and maybe the flurry of suits we're seeing from regarding 391 00:26:57,359 --> 00:27:00,880 DOGE might make a change now, might lead to some 392 00:27:00,960 --> 00:27:04,200 sort of a change. We can hope. All right, I 393 00:27:04,240 --> 00:27:06,839 hope you had a happy holiday season. But tell me 394 00:27:06,920 --> 00:27:09,640 if something like this happened at your house. Your family 395 00:27:09,680 --> 00:27:11,920 and friends are gathered around, maybe y'all are in the 396 00:27:11,920 --> 00:27:17,119 living room, you're laughing, swapping stories, reminiscing, and then somebody says, hey, Dad, 397 00:27:17,359 --> 00:27:20,759 remember those old VHS tapes? Did you ever get them transferred? 398 00:27:21,200 --> 00:27:23,839 And then the room gets all quiet. All eyes are 399 00:27:23,880 --> 00:27:26,599 on Dad, who says, oh, you know, well, I've been 400 00:27:26,640 --> 00:27:29,519 meaning to but I just having gotten around to it. Look, 401 00:27:29,559 --> 00:27:32,799 don't let those priceless memories sit in a box for 402 00:27:32,880 --> 00:27:35,640 another year, all right. Create a Video has been helping 403 00:27:35,640 --> 00:27:38,920 families in the Charlotte area preserve their history since nineteen 404 00:27:39,000 --> 00:27:42,240 ninety seven. Simply bring in your old camquarder tapes and 405 00:27:42,359 --> 00:27:46,039 Creative Video will transfer them to a USB flash drive 406 00:27:46,240 --> 00:27:48,359 for just fourteen ninety five per tape. You have a 407 00:27:48,359 --> 00:27:51,720 big collection, they've got a discount for you. And next year, 408 00:27:51,799 --> 00:27:56,079 instead of talking about those memories, imagine gathering the family 409 00:27:56,160 --> 00:27:59,640 to watch them together talk about a memorable gift. So 410 00:27:59,720 --> 00:28:03,480 do I did trust the experts at Creative Video, conveniently 411 00:28:03,519 --> 00:28:05,920 located in mint Hill right off I four eighty five 412 00:28:06,160 --> 00:28:10,000 and online at create avideo dot com. I got a 413 00:28:10,039 --> 00:28:13,279 message on the Twitter machine from Eric. It's a pet tweet, 414 00:28:13,599 --> 00:28:18,480 he says. The BS North Carolina had to go through 415 00:28:18,720 --> 00:28:22,799 over its voter ID encompasses so many good case studies 416 00:28:22,839 --> 00:28:31,000 on the habitual abuse of the courts, particularly by Democrats. Correct, correct, Right, 417 00:28:31,039 --> 00:28:35,440 We had a voter ID law that took almost I 418 00:28:35,440 --> 00:28:38,720 think maybe even longer than a decade to implement, after 419 00:28:39,400 --> 00:28:44,279 dozens of other states enacted voter ID laws that were 420 00:28:44,319 --> 00:28:50,640 way more stringent than ours, and the left just kept suing. 421 00:28:51,359 --> 00:28:55,359 They just kept suing, and it got to a point 422 00:28:55,359 --> 00:28:57,759 where it's like, you guys really just don't want any 423 00:28:57,839 --> 00:29:02,319 kind of election security, do you. I'm okay with election security. 424 00:29:02,680 --> 00:29:04,559 I just want anybody to be able to vote. Really, 425 00:29:05,319 --> 00:29:10,039 and uh, let's not even ask them their names like 426 00:29:10,079 --> 00:29:14,279 they You never hear Democrats talking about election security to 427 00:29:14,359 --> 00:29:16,759 this point. You never hear them talk about it. It's 428 00:29:16,759 --> 00:29:20,720 always about access, access, access. We want more people voting. 429 00:29:20,759 --> 00:29:23,039 We want everybody to vote, you know, like it's going 430 00:29:23,079 --> 00:29:24,240 to get to a point where it's like we're going 431 00:29:24,279 --> 00:29:28,839 to have left wing nonprofits going to people's homes and 432 00:29:28,920 --> 00:29:31,559 getting them to vote. Like that's I think where they 433 00:29:31,559 --> 00:29:33,559 want to go with all of it. Like we're going 434 00:29:33,599 --> 00:29:35,079 to make it so easy to vote that you don't 435 00:29:35,079 --> 00:29:38,359 even have to vote yourself, just have just have somebody 436 00:29:38,359 --> 00:29:41,839 else cast your ballot for you, and then everybody's participating. Yay, 437 00:29:42,039 --> 00:29:47,599 and no fraud there. Back to this opinion that was 438 00:29:47,599 --> 00:29:52,519 written by Gorsic. This was again from twenty twenty in 439 00:29:52,559 --> 00:29:56,079 a case unrelated to any of the Doge stuff. But 440 00:29:56,160 --> 00:30:00,880 he's he's firing a warning shot. Oh sorry, Trickle, He's 441 00:30:01,079 --> 00:30:04,480 firing a warning shot to the left and to this 442 00:30:04,599 --> 00:30:08,200 lawfare tactic and these judges at the lower levels in 443 00:30:08,240 --> 00:30:13,400 the federal district system that are doing these sweeping injunctions 444 00:30:13,640 --> 00:30:20,599 granting temporary restraining orders against laws, and the orders then 445 00:30:21,000 --> 00:30:23,640 lock down things across the entire country. We saw this 446 00:30:23,720 --> 00:30:26,200 also with the quote Muslim ban, which wasn't a ban 447 00:30:26,279 --> 00:30:29,279 on Muslims, right, This was the travel Band saying we're 448 00:30:29,319 --> 00:30:31,880 not going to take people from these countries that hate 449 00:30:31,960 --> 00:30:36,279 us right, and then you get one judge someplace in 450 00:30:36,319 --> 00:30:39,000 San Francisco, it's like you gonta do that, and then 451 00:30:39,039 --> 00:30:41,079 nobody can do it, and then the whole federal government 452 00:30:41,559 --> 00:30:46,240 has to stop because one judge someplace made a ruling 453 00:30:46,880 --> 00:30:50,480 and has it applied to everybody. And the lawyers know this, 454 00:30:50,519 --> 00:30:53,000 and so they forum shop, they judge shop, They go 455 00:30:53,079 --> 00:30:55,640 around and look for a judge that they think will 456 00:30:55,680 --> 00:30:58,279 be They know who they are. That's why, like so 457 00:30:58,400 --> 00:31:00,680 many of these cases in North Carolin with the voter 458 00:31:00,759 --> 00:31:04,519 id stuff went through a judge out of Greensborough. I 459 00:31:04,559 --> 00:31:06,960 forget his name, but they would go in front of 460 00:31:07,039 --> 00:31:08,559 him all the time because they knew that he was 461 00:31:08,680 --> 00:31:14,720 an ally. Gorsuch says the risk of winning conflicting nationwide 462 00:31:14,799 --> 00:31:20,759 injunctions is real and the stakes are asymmetric. If a 463 00:31:20,920 --> 00:31:26,240 single successful challenge is enough to stop a rule across 464 00:31:26,279 --> 00:31:30,359 the entire country, the government's hope of implementing any new 465 00:31:30,400 --> 00:31:34,160 policy could face the long odds of a straight sweep, 466 00:31:34,480 --> 00:31:37,160 parlaying a ninety four to zero win in the district 467 00:31:37,160 --> 00:31:40,799 courts into a twelve to zero victory in the court 468 00:31:40,839 --> 00:31:45,480 of appeal, a single loss and the policy goes on ice, 469 00:31:45,880 --> 00:31:50,759 maybe for good or for some indeterminate period of time, 470 00:31:50,920 --> 00:31:55,519 until another court jumps in to grant another stay, and 471 00:31:55,559 --> 00:31:59,119 then all of that can repeat ad infinitum until either 472 00:31:59,240 --> 00:32:04,599 one side gives up or the US Supreme Court agrees 473 00:32:04,680 --> 00:32:09,559 to hear the case. What in this gamesmanship and chaos 474 00:32:09,880 --> 00:32:14,240 can we be proud of? I concur in the Court's 475 00:32:14,279 --> 00:32:16,920 decision in this case. But I hope too that we 476 00:32:17,039 --> 00:32:20,119 might add an appropriate juncture take up some of the 477 00:32:20,319 --> 00:32:27,519 underlying constitutional questions raised by the rise of nationwide injunctions. 478 00:32:28,920 --> 00:32:34,839 Gorsic is already there, Okay. Gorsich already wants to do something. 479 00:32:35,559 --> 00:32:39,039 Clarence Thomas wants to do something. He has spoken about 480 00:32:39,079 --> 00:32:43,319 this in other opinions in the past as well. Okay, 481 00:32:43,519 --> 00:32:47,400 so you already have this, this sentiment on the US 482 00:32:47,440 --> 00:32:52,400 Supreme Court. They recognize the problem, they recognize the chaos 483 00:32:52,720 --> 00:32:59,039 that is created by this kind of lawfair tactic. And 484 00:32:59,160 --> 00:33:03,440 hopefully you get enough of these cases that get brought 485 00:33:03,559 --> 00:33:07,000 and you're going to start testing all of these different injunctions, 486 00:33:07,319 --> 00:33:10,880 and it might open up this question sort of at 487 00:33:10,880 --> 00:33:15,480 a larger level of what can the US Supreme Court do? 488 00:33:16,920 --> 00:33:21,680 How can they direct the lower courts to quit their 489 00:33:21,720 --> 00:33:26,519 bs right, stop it, to stop doing this stuff. I 490 00:33:26,559 --> 00:33:29,000 don't know. I'm not a Supreme Court expert. I don't 491 00:33:29,000 --> 00:33:32,440 know how they would go about doing it, but fingers crossed. 492 00:33:33,720 --> 00:33:36,039 All right, that'll do it for this episode. Thank you 493 00:33:36,119 --> 00:33:38,079 so much for listening. I could not do the show 494 00:33:38,119 --> 00:33:40,640 without your support and the support of the businesses that 495 00:33:40,720 --> 00:33:43,799 advertise on the podcast, so if you'd like, please support 496 00:33:43,799 --> 00:33:45,480 them too and tell them you heard it here. You 497 00:33:45,519 --> 00:33:48,160 can also become a patron at my Patreon page or 498 00:33:48,240 --> 00:33:51,880 go to thepetecleanershow dot com. Again, thank you so much 499 00:33:51,880 --> 00:33:58,319 for listening, and don't break anything while I'm gone.