Speaker 1: What's going on.
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the courts are trying to slow Donald Trump down, but
trust the process. Okay, trust the process. This is the
advice from retired US Army Colonel Kurt Schlichter. He is
a trial lawyer from out in California. He's a columnist
at town Hall dot com. I think he's also got
a podcast as well, because you know everybody does. But
also now, he's a great guy. I've interviewed him several
times over the year. There's really nice guy, very smart,
army war college guy, so he he knows what he's
talking about. I mentioned he's a trial lawyer, and also
he's done some stand up comedy, so he says, stop
panicking about all of the stupid legal decisions from leftist
judges that the left is getting from judge shopping in
leftist jurisdictions. The administration is not rolling over, he says,
since we have to have this fight, this is the
time and the battleground to have it. I've said this
for years. Walk towards the fight. Okay, if you make
the decision to get into this arena, right, I am
in the arena. If you're listening to this program, you're
probably if you're not in the arena yourself, you are
like at least like first five rows in this you know,
like you're right there in the action. Okay, you are participant, adjacent. Okay,
And if you make the decision to get involved, and
I welcome like everybody to get involved this This republic
only works a free society. Self governing only works if
good competent people volunteer to serve, volunteer to help. And
I think it's a huge mistake that conservatives have made
for a very long time, which is to just kind
of retreat and I'll just take care of myself, and
I'll take care of my family, and I'll focus on
my church and local activities. And look, all of that
stuff is important. Don't get me wrong. But if you
are abandoning the larger field, then you're giving it over
to your political opponents.
Speaker 3: Right.
Speaker 2: And you may not care about politics, but politics cares
about you. So if you are in the arena, walk
towards the fight. And so that's what Colonel Schlichter is advising,
and I completely agree.
Speaker 3: Right.
Speaker 2: He says, we have to have the fight. This is
the time to have it, and this is the battleground
to fight it on. Want he says, we want it
settled right at the beginning of the administration so that
we don't have to deal with this down the road.
We want to fight on these orders, these executive orders,
because one, they are manifestly the result of bad faith
shopping judge shopping, and the opinions themselves are both manifestly
procedural and substantively ridiculous. They are legal jokes, he says.
Don't listen to the dummy lawyers on Twitter. Only listen
to me that I told you he's done comedy. Only
listen to me or the people I tell you that
you can rely on. Everybody telling you these are reasoned,
valid legal decisions is either a legal illiterate or they
think you're stupid. The way this fight is happening is
to our advantage. But wait, you ask, we're getting all
these decisions against us. How can that be good? He says,
because they are leaving the Supreme Court no choice. Okay,
people want Trump to sound off about this, but he
doesn't need to. What's left unstated is the fact that
he can just not obey these manifestly improper orders. He
could just not obey them. They say that that makes
it some sort of a constitutional crisis, that's what they say.
Speaker 1: No, I mean, I was just reading when he said.
Speaker 2: He says, but it becomes a real one when they
push Trump too far. He's not going to submit forever
to micromanagement of the executive branch by activist district court
judges in blue cities across America. And here's the key.
Chief Justice John Roberts knows it. Roberts and the majority
of the Court know these are ridiculous legally, and the
last thing they want to do is stake the credibility
of the Court on this kind of nonsense. They're not
going to jump on the grenade that is these decisions.
There might someday be a fight with the President about
something where he is legally in the wrong, but this
is not that time. This is not the hill the
Supreme Court will die on. Wisely, Trump is not adding
fuel to the fire by threatening to do what is
what it's very clear he can do, which is to
disobey these lower court rulings. This provides the Supreme Court
the cover that it needs to deal with these upstart
district courts without looking like Trump strong armed the Supreme Court.
So relax, let the process go forward. He says, We're
going to win on all of these injunctions, and I
expect fairly quickly. All right, So, and I trust Colonel
Schlickter on this stuff, like he he generally is correct
about this kind of thing. So there is a larger
strategy playing out. Let me go over and chat with Marty. Hello, Marty,
welcome to the program.
Speaker 4: Hey Pete, have you doing well? Yes, sir here today.
Speaker 1: Yeah, this is what I call second Winter.
Speaker 3: It is.
Speaker 4: Yeah. I had a kind of a question, and I
think you answered it already. But first of all, I
think the Colonel's right. I think it does play out.
I've got a spring court and Trump come out ahead
and there'll be a good ruling on it. But it's
always been a defense for the Democrats to use courts anyway.
We don't have the popular opinions. But the courts that
are ruling, are they federal courts? Are the district courts?
Speaker 1: They are?
Speaker 2: I believe they are. I mean, there's five of them,
I think at this point, I believe they are all
federal courts, but they are at the district level.
Speaker 4: Gotcha.
Speaker 5: Got you?
Speaker 4: Now, let me ask a question, and I don't know,
but maybe you will. Is it possible that Trump, being
president executive, could he reassign these judges to different locations
are jurisdictions?
Speaker 1: I don't believe so. I think that.
Speaker 2: I mean, there are processes for removing judges, but I
think it's pretty limited, like the reasons for doing so.
If I recall, it's been a really long time since
I did anything that I looked into any of that
at all, and I can't even remember how long.
Speaker 1: Ago it was. It was so long ago.
Speaker 4: Yeah, I don't think that's wonderful. If they could, Yeah,
I'd be wonder if they could take the I guess
conservative areas and reassign those judges to those locations, and
then take the ones that are in those jurisdictions making
these crazy rulings, using it as you know, a democrat ideology.
Speaker 2: I guess, well, you can have with But so I
think what's going to play out is that the US
Supreme Court will step in.
Speaker 1: And they will.
Speaker 2: And there's a thing called man damis, which is where
like you get the court to come in and intercede,
I think, And so I think to have the Supreme
Court smack down these lower court judges, and to do
so swiftly and brutally sends the message and then sets
the well, not precedent, but it sets the directive that,
like the president can do these things, you know, and
then all of the other lower courts have to fall
in line with that.
Speaker 1: Now, if they do not, I.
Speaker 2: Don't know if there's like some sort of judicial standards
review or something that occurs that gets them tossed out.
But I suspect a lot of them would not try
to cross the Supreme Court to do so.
Speaker 4: It'd be a waste of their time. But you know,
if if it were possible, it'd be nice to see
those justices reassigned to Northern Alaska somewhere, wouldn't I.
Speaker 2: Hear there's a big demand for leftist judges in Yes,
the outer hinterlands in Alaska.
Speaker 4: Would be there.
Speaker 1: Thank you, all right, Marty, I appreciate the call. Yeah
I do.
Speaker 2: I don't remember what I like I said. I think
you gotta be you got to be on the take.
You got to be a corrupted judge with you know,
video evidence. I think in order to get removed from
a bench. But I don't remember. Here's a great idea.
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Democrats are marching through the streets of DC to protest
the crackdown on government waste.
Speaker 1: We have to be able to steal your money.
Speaker 2: I mean, it's just this is such a loser of
a position Democrats, but kind of on brand.
Speaker 1: I guess now that I'm saying it. All right, let's
go to the phones. Uh, this is Mike. Welcome to
the program. Hello, Mike, Hi, how are you hey? I'm well,
what's going on?
Speaker 3: I just heard your previous caller and and the idea
of it because a federal district court judge doesn't agree
with the caller, that they would somehow move them around
so that they would be uh so they wouldn't count.
Speaker 2: And well, it's not that they wouldn't count, it's it's
to punish them.
Speaker 3: But yeah, whatever, whatever, whatever it is. You know, we'll
even a democracy and we and we don't the fact
that we don't like what a distre court judge might
settle on for whatever reason. Read our constitution and understand
how our government works. And if you don't like the
opinion of a federal court judge who was appointed by
a certain president, then you vote.
Speaker 2: For somebody else, right, Okay, So what what is Mike,
what's your opinion on judge shopping?
Speaker 1: Do you know what that means?
Speaker 4: Oh?
Speaker 2: Sure, yeah, right, okay, So what's your what's your opinion
on on judge shopping?
Speaker 3: Well, I don't know that it's something that should be
allowed to be done.
Speaker 5: They do it at the.
Speaker 3: Local level for court cases where somebody might be less sayavorable,
or more favorable.
Speaker 2: Right, yeah, right, So if you have a judge, so
all right, So if you have a judge that has
a reputation and a lifelong appointment, uh, and they've got
a reputation of bending the law, bending interpretations in order
to aid and debt a particular philosophy. Is there no
recourse to take against that judge for issuing rulings that
are constantly overturned by higher courts because of their legal infirmities.
Speaker 3: Exactly? And judges are are graded as well. I don't
know if sederal district court judges have a lifetime appointment,
but that's what we vote for, is to have that
idea removed. Right, what happens in the n district court?
Speaker 2: Well, this is yeah, Well the I think most of
these are coming out of like DC area.
Speaker 1: Right.
Speaker 2: So if a judge keeps so, if a judge keeps
on issuing rulings that, uh, that are not legal, that
are constitutionally unsound, right, that are constantly overturned because of
their deficiency, then that judge there's no way, there's no
way to punish that judge.
Speaker 1: There's no way to say, this guy's off the rails.
Speaker 3: Well, sure it is.
Speaker 2: What what what what would you like to see as
that repercussion?
Speaker 1: What should the punishment be?
Speaker 3: Whoever is responsible for that area in terms of judges,
then let those people make that decision, and I mean,
we can't so a.
Speaker 2: Chief like a chief district judge, You're so you'd be
okay with like a chief district judge that would say, hey,
you know, you keep doing these rulings that keep getting
overturned because you're just making up stuff and you're not
you're not following the law, and so we're going, so
I'm going to like remove you from the bench.
Speaker 1: You'd be all right with that kind of a process.
Speaker 3: Certainly if that's the process that is in place.
Speaker 2: And well, I don't know what problems, right, I don't
know what process is in place, but it seems like
you you disagree with the concept of uh of an
administration moving judges into different districts because they're not satisfied
with the way they're behaving, But you are okay with
the chief judge removing somebody from the bench because they
don't like their way they're behaving.
Speaker 3: Is that, well, whatever the process that the court system uses,
then yeah, And if it's not what you agree with,
well then you're right to your senators and you're right
to your representatives and your.
Speaker 1: Right.
Speaker 2: But the judges are appointed by the right. But the
judges get appointed at the federal level by the president,
by the administration. So, and to be clear, I don't
know what when you say whatever that process is, I
don't know what that process is. It doesn't seem like
there even is one, because there are judges that have
been making terrible rulings for a very long time and
they never suffer any kind of repercussions for it. So
that's so I don't know if just saying, well, you know,
whatever the process is, we just let that play out,
whatever that might be, because it obviously is not it's
not sufficient.
Speaker 1: But Mike, I appreciate the call.
Speaker 2: And look, I understand the concern about having, you know,
an administration come in and start reassigning people, but and
I know that's not the current process, but there has
to be a way. If you've got a judge that
keeps doing this to the point where everybody knows, take
your case to that guy, because he's going to give
us the ruling that we want.
Speaker 1: Like that's a problem. I appreciate the call.
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Speaker 1: I did get a tweet. It's a peat tweet.
Speaker 2: From Karen, who says Representative Eli Crane from Arizona is
drawing up articles of impeachment against one of these judges.
So that is one way to go right, impeach the
judge to get them removed. And Tommy said, regarding the
last caller, Mike, we are a republic, not a democracy.
Are they twisted or brainwashed that they don't know this
country was founded on Well, it's a democratic republic, Like
we elect people democratically. So, like I know, people they
fixate on this word and they always say, we're a democrat,
you know, constitutional republic and all of that, but we
still employ a democratic method in that constitutional republic and
people shorthanded due to corruption of the vocabulary. But there
there are democratic principles at play, lowercase democratic principles, and
that's the mechanism we use. So, like I know, people
get very upset when they hear that. I just and
you heard me, Like I went uh when I heard
Mike say it, But because but I like, it's a
shorthand and it wasn't central to his argument, and so
I just moved on. Now, I mentioned a thing called
a mandamus.
Speaker 1: Margo Cleveland.
Speaker 2: She is a lawyer and a professor, and she writes
over at the Federalists Dot com and there are temporary
restraining orders or tros that have been implemented to prevent
the administration from enacting their executive orders from carrying them out,
so it restrains them from doing so temporarily a temporary
restraining order, she says, Normally you cannot appeal those. But
a mandamus is basically a lawsuit filed against a judge
in the appellate court, so one court above the district court.
So you go for a writ of mandamus to essentially
file a lawsuit against the judge, the lower court judge,
saying that the judge acted without authority. And then if
you win that with if the appeals court agrees with you,
it tells the lower court judge to stop doing what
he or she is doing. And this order applies to
all federal funding, way beyond authority. Do you remember a
guy named Rui to shera. Remember that name. It's spelled
t e i x e i r A Ruy to share,
to share, a hey share whatever, Texi era whatever.
Speaker 1: Rui are Y is his first name.
Speaker 2: He was the guy that wrote the book literally, Demographics
is Destiny. That was the That was his argument, right
that as old white conservative people die and we have
a rising diverse population that once whites are no longer
in the majority, then Democrats will basically rule for a
billion years or something, right like that was the demographics's
destiny theory that Democrats were relying on for the last
twenty years. I remember when this was first pitched. So
then came, you know, within the last five years or so,
you've heard the great replacement theory, and then the Democrats
and media. But I repeat myself, we're like, oh my gosh,
I can't believe they're saying that. But that's what they
were arguing for. Let's replace all of the white people
because they vote Republican. That was the strategy. Okay, So
ruy tshera Democrat guy. He's now warning his allies that
they are marching themselves off of a political cliff with
their all in defense of USAID's unaccountable spending. He writes
over at the Free Press Free Press or FP dot com.
I think Trump occupies the high ground in this fight,
which is probably why he and Musk picked it.
Speaker 1: Now.
Speaker 2: I have heard that the reason why USAID actually came
onto the radar so quickly was because when they first
set out and told everybody, freeze all the funding. Nobody
do anything, and USAID basically put the spotlight on themselves
because they refused to turn over any information. They said,
we're going to keep sending out all of this money. Right,
they obstructed, and they were like the first ones to
do so. And then when they tried to go in there,
remember one of their USAID chiefs or something tried to
physically block people from getting into the building. And so
that's what put them on the radar first. But it
just so happens that they are like the poster child
here for this kind of waste and fraud. If voters
to share a rights, if voter dislike anything, it's bureaucracy
and foreign aid, right, And USAID is a ten thousand
employee bureaucracy housed in a palatial building on prime downtown
real estate that spends forty billion dollars a year on
other countries. So the two things that American voters dislike
the most, USAID checks both of those boxes. And the
position Democrats are trying to stake out here is not
going to win them a lot of favor among voters.
All right, if you're listening to this show, you know
I try to keep up with all sorts of current events,
and I know you do too, And you've probably heard
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and it's a website, and it combines news from around
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to the phones we go. Let's talk with Tony. Tony
good to hear from you. I think I haven't spoken
with you since the election. How are you doing?
Speaker 5: Hey, good Pete. How you doing today, sir?
Speaker 1: I'm good. You're all right? Uh, I just know it
like it's been a while.
Speaker 5: Oh yeah, I'm fine, man, Okay, good. Yeah. I was
calling about the what is it called the US AID?
Is that is that the funding that America gifts heal
the country?
Speaker 1: Yeah, that's one of them.
Speaker 5: Yeah, okay, So how much how much are they cutting
that whole thing out? Everything?
Speaker 2: Well, they're looking they were looking through so they they
they went in there and they started looking through where
the grants were going, where the funding was going. And
what what Musk said was like, we you know, it's
not like I think he gave the analogy of like,
it's not the they were looking for the worms in
the apple, but there is no apple. It's all just worms.
That's what he said. So yeah, so like whatever. So
out of forty billion dollars, it sounds like the vast
majority of it has been going out the door to
fund programs that are not aligned with the intention of
the program, which is to give you know, aid to
you know, struggling countries or people that are affected by
disasters like sending rice and wheat and corn and food
and medical supplies and that kind of stuff. They're not
doing a lot of that kind of work. They're doing
a lot of other stuff, like you know, covert operations
with the CIA to overthrow governments. Like that's probably not
in line with the original intent of USAI.
Speaker 5: D oh wow. Okay, So Dull doesn't get any of
that money, then what's that Israel doesn't get any of
that money?
Speaker 2: Then I have not seen No, I have not seen
Israel on any of the lists I did see Ireland,
which like, why are we giving Ireland any money?
Speaker 1: That doesn't make any sense.
Speaker 5: Okay, So where does Israel get the money?
Speaker 3: For me?
Speaker 5: Where is that? What? What? What treasure is that coming
out of?
Speaker 2: More than likely, I would say it's probably coming out
of the Defense Department budget.
Speaker 1: The Defense Department, Yeah, I think so that's if I
had to guess.
Speaker 2: But I don't know that, Tony. I'm just I'm guessing. So,
but I would guess it's coming out of Defense.
Speaker 5: Okay, Well, I thought you might have known that because
I you know, they get billions and billions of dollars,
you know what I mean. So that's something that well.
Speaker 2: They get, they get well, I don't know if they
get direct money. I think they get military assistants. I
think they get so like and this is just like
with Ukraine, Like we say, you're getting you know, one
hundred billion dollars in aid, but it's military assistance. And
so that one hundred billion dollars is going to military contractors,
usually in America, and then the products that they manufacture
get sent to Ukraine.
Speaker 1: That's not all the that's not all the time.
Speaker 2: There is some There are some cash movements obviously too,
but a lot when they talk about military assistance, that's
that's what they're talking about.
Speaker 5: You know, I wonder why America could get that much
money in military aid or whatever. They can get money
and cash to all of you for company, but can't
help the poor people in America.
Speaker 2: That is right, And that's the question that that Trump
is asking. That's the question that that report Bbplicans are asking,
why are we giving all of this money to other
countries when like we have people living in tents in
western North Carolina after a flood, right that's or in
Los Angeles after a fire.
Speaker 1: Right Where's Oh no.
Speaker 5: You're talking about disasters I'm just talking about everyday people
that are struggling in our country that can't get housed
and can't get food, but you don't want to help them,
and you're sending out billions of dollars to these other countries.
Speaker 3: I don't get that.
Speaker 2: No, you sound no, that's literally, Tony, you're literally saying
the thing that MAGA is.
Speaker 5: Saying, as far as I'm helping poor people.
Speaker 2: Yeah, they're saying, why is this money going to foreign
countries and not Americans?
Speaker 1: That's literally what they're saying.
Speaker 5: When did they say we were going to help poor people?
When did they say that? Because I missed out?
Speaker 1: What do you mean? When did they say we're going
to help poor people?
Speaker 2: They literally they said, you said, Tony, you said that
the money shouldn't be going over there, it should be
staying here to help Americans. And that's what MAGA is
saying as well. And that is they don't differentiate poor, rich, whatever.
They're just saying the money needs to stay here.
Speaker 5: Okay. So so, so what you're saying is that a
MAGA is saying that the money that is going after
these font countries needs to stay in America to help
Americans out right, correct. Okay, Now, uh, are we talking
about Americans that don't need help or were talking about
Americans that need help? They have?
Speaker 2: They have not just I have not heard somebody say
in the MAGA movement ever, that we need to keep
the money here to help people that don't need the money.
I've never heard anybody make that argument. The idea is
that the money needs to stay here to help people
that need the help.
Speaker 1: That's I always that's been the implication.
Speaker 5: Now what does that look like to you? How did how?
How does how are they gonna do? How would they do?
How's Macca doing that that help them poor people in
our country? How? What agency are they using.
Speaker 4: To do that?
Speaker 5: Where's that at?
Speaker 2: Probably Social Security, Medicare, Dedicaid, food stamps.
Speaker 5: No, no, no, no, no, that's already that's that's already
and uh that's already in effect.
Speaker 2: Yeah, but they're underfunded. No, but Tony, they're underfunded. They're
gonna go bankrupt soon.
Speaker 5: They're gonna go bankrupt. Yeah, okay, so so listen, I'm
all for that. If they're gonna if they're gonna say hey, listen, yeah,
we're gonna take this money away from from from the
far cost that don't like us anyway, right, don't like
you anyway? You know that don't right?
Speaker 2: No, none of them like us. No, that's the whole
point is and and no, that's the whole point. That's
the whole message that MAGA. So welcome to the MAGA movement, Tony.
The latest edition to MAGA is Tony. I'm as surprised
as you.
Speaker 1: All Right, that'll do it for this episode. Thank you
so much for listening.
Speaker 2: I could not do the show without your support and
the support of the businesses that advertise on the podcast,
so if you'd like, please support them too and tell
them you heard it here. You can also become a
patron at my Patreon page or go to dpetecleanershow dot com. Again,
thank you so much for listening, and don't break anything
while I'm gone.
Speaker 3: M m hm