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<v Speaker 1>It is the height of megalomania to basically have a

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<v Speaker 1>radio show in the first place, and to think, yes,

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<v Speaker 1>an entire city, an entire region worth of people should

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<v Speaker 1>listen to my opinions about things. Definitely, that makes sense.

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<v Speaker 1>There's certainly more than a little bit of ego involved

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<v Speaker 1>in an enterprise like this. But what might be even

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<v Speaker 1>more megalomaniacal is on your own radio show reading an

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<v Speaker 1>op ed piece that you wrote.

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<v Speaker 2>So that's what we're doing right now.

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<v Speaker 1>This Saturday kind of had a resume altering kind of

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<v Speaker 1>deal in which National Review, the big conservative national publication,

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<v Speaker 1>one of the most important conservative publications in America, decided

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<v Speaker 1>to run a little op ed column that I wrote

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<v Speaker 1>about the abortion pill. And I'm going to talk about

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<v Speaker 1>it with all of you because I think it's really important,

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<v Speaker 1>especially as it seems that RFK Junior is on track

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<v Speaker 1>to get confirmed as HHS Secretary. And basically in the piece,

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<v Speaker 1>I'm talking about miff of pristone, aka the abortion pill,

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<v Speaker 1>and I'm talking about why it needs to be regulated,

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<v Speaker 1>and I want to sort of tell you guys about

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<v Speaker 1>kind of the history of this.

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<v Speaker 2>A little bit of it ties.

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<v Speaker 1>Into USAID and those kinds of foreign funding type deals

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<v Speaker 1>because of how the abortion pill got developed in the

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<v Speaker 1>first place, how it came over from Europe. Basically, the

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<v Speaker 1>abortion pill was invented in France. I think in the

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<v Speaker 1>late eighties it became a more and more popular way

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<v Speaker 1>to perform abortions in Europe, and Bill Clinton said, boy,

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<v Speaker 1>I sure could use that. Let's bring that over from Europe.

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<v Speaker 1>So Bill Clinton working through allies at things like the

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<v Speaker 1>Ford Foundation, and I now wonder if USAID was paying

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<v Speaker 1>for this, just as foreign aid, you know, for different

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<v Speaker 1>kinds of big nonprofits. The Ford Foundation was getting a

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<v Speaker 1>lot of money from USAID anyway, just my wild speculation.

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<v Speaker 1>Clinton and the Ford Foundation worked for eight straight years

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<v Speaker 1>to bring the abortion pill mif of pristone over from

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<v Speaker 1>Europe to America and to go through all the necessary

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<v Speaker 1>work through the FDA for the drug to get FDA approval. Now,

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<v Speaker 1>let me explain what the abortion pill is. So first

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<v Speaker 1>point of clarification, the abortion pill is not the morning

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<v Speaker 1>after pill. I just want to clarify that for you.

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<v Speaker 1>The morning after pill largely functions as a contraceptive. Its

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<v Speaker 1>goal is the morning after a sexual encounter to prevent ovulation.

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<v Speaker 1>A woman, a woman's ovicular follicle rupturing and releasing an egg.

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<v Speaker 1>That is the goal of the morning after pill, also

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<v Speaker 1>known as levonne or gestrel, So the goal is to

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<v Speaker 1>prevent ovulation. There is some thought though that it does

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<v Speaker 1>alter the lining, the interior lining of the uterus, to

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<v Speaker 1>make it hostile to the implantation of a new embryo,

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<v Speaker 1>so it could be abortifation, but its chief goal is

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<v Speaker 1>to prevent ovulation. The abortion pill is what I'm talking about, mifipristone.

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<v Speaker 1>And what a lot of people don't understand is that

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<v Speaker 1>the abortion pill is the dominant method of abortion provision

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<v Speaker 1>in America today, and that the entire face of abortion

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<v Speaker 1>provision in America was changed just in the last five years,

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<v Speaker 1>really starting in twenty twenty one, when President Biden's FDA.

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<v Speaker 2>Something I called, by the way, that you know, anyone.

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<v Speaker 1>Who was listening to this show or listening to who

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<v Speaker 1>write to Life Radio, Jonathan Keller and I were calling

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<v Speaker 1>this during the twenty twenty election. One of the most

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<v Speaker 1>undertalked about things in the twenty twenty election related to abortion,

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<v Speaker 1>and it was basically, if Trump is reelected, he will

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<v Speaker 1>keep whatever existing restrictions there are on the abortion pill.

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<v Speaker 1>If Biden's elected, he's going to loosen those restrictions to

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<v Speaker 1>make the abortion pill far more widely available. And that's

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<v Speaker 1>precisely what happened. Starting in twenty twenty one, Biden issued

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<v Speaker 1>his FDA issued new regulations, as he had been urged

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<v Speaker 1>to do by various pro abortion public policy medical public

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<v Speaker 1>policy advocates who had been agitating for this throughout the

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<v Speaker 1>Trump administration. Biden put in place new regulations allowing the

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<v Speaker 1>abortion pill MiFi pristone to be prescribed without an in

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<v Speaker 1>person visit to a doctor or a clinic, so via

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<v Speaker 1>a telemedicine appointment, and for it to be shipped through

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<v Speaker 1>the mail, so you never have to leave your house

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<v Speaker 1>to get an abortion. Basically, this resulted in basically pill

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<v Speaker 1>abortions went from about fifty percent of all abortions to

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<v Speaker 1>now over sixty percent of all abortions, and the total

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<v Speaker 1>number of abortions in America during the Biden years spiked

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<v Speaker 1>from nine hundred thousand a year to a million per year,

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<v Speaker 1>so it jumped like one hundred thousand per year. Now,

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<v Speaker 1>what does the abortion pill do. The abortion pill, you

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<v Speaker 1>take it up to ten weeks into a pregnancy. It

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<v Speaker 1>cuts off this hormone called progesterone. Without progesterone, basically you

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<v Speaker 1>can't maintain a pregnancy. The lining, the interior lining of

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<v Speaker 1>the uterus is altered such that the embryo or fetus

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<v Speaker 1>who has adhered.

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<v Speaker 2>To the interuter and wall.

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<v Speaker 1>The embryo or fetus detaches from the interior lining of

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<v Speaker 1>the uterus, is cut off from food and oxygen, and

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<v Speaker 1>dies about twenty four to forty eight hours later, the

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<v Speaker 1>woman takes a second drug called mesa prostole, which results

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<v Speaker 1>in the child being expelled from the woman's womb. Mesaprostol's

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<v Speaker 1>a legitimate drug. It's used to induce labor. Now, this

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<v Speaker 1>is the most common way abortion happens in America. I

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<v Speaker 1>think most people when they hear the word abortion, they

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<v Speaker 1>still think like a surgical intervention. What I'm telling you

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<v Speaker 1>is no, that's most of the time. That's not how

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<v Speaker 1>it's happening anymore. Most of the time it's happening as

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<v Speaker 1>a drug intervention. I'm not going to say treatment, because

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<v Speaker 1>what illness exactly is abortion treating? What sickness is it treating?

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<v Speaker 1>If it's treatment, if it's healthcare, what is the illness

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<v Speaker 1>it's correcting. Pregnancy is not an illness, guys. It's a natural, healthy,

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<v Speaker 1>bodily process that we are artificially arresting, making abortion not

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<v Speaker 1>really healthcare but maybe something kind of healthcare adjacent adjacent. No,

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<v Speaker 1>Like you know, Michael Jackson getting a nose job was

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<v Speaker 1>not a healthcare intervention. There was nothing wrong with his nose.

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<v Speaker 1>It was something he chose for some kind of social reason.

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<v Speaker 1>That is the case with abortion in the overwhelming majority

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<v Speaker 1>of cases, and in cases where it is chosen for

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<v Speaker 1>health reason, often it's not exactly abortion. I won't get

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<v Speaker 1>into that whole discussion.

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<v Speaker 2>Now. In my piece, I make the point.

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<v Speaker 1>So basically, the sequence of events has been Democrat presidents

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<v Speaker 1>work like mad to deregulate the abortion pill, take away

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<v Speaker 1>safety respondrictions imposed on it, in order to make it

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<v Speaker 1>more accessible and to increase the total percentage of American

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<v Speaker 1>abortions done via the abortion pill. Why the abortion pill

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<v Speaker 1>increases abortion quote access. And this is the buzzword that

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<v Speaker 1>the abortion industry today likes. They don't want abortion to

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<v Speaker 1>be safe, legal, and rare anymore. They want abortion to

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<v Speaker 1>be legal. They're willing to sacrifice safety for the sake

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<v Speaker 1>of legality and not rare, but accessible. They want the

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<v Speaker 1>abortion pill to be accessible. They want you to be

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<v Speaker 1>able to get an abortion even if you're in a

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<v Speaker 1>state where it's illegal. They want you to be able

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<v Speaker 1>to get an abortion even if you don't live near

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<v Speaker 1>an abortion clinic. And yeah, the abortion pill is less

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<v Speaker 1>safe than a surgical abortion by any standard. The abortion

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<v Speaker 1>pill process involves usually heavy, extremely heavy bleeding, extremely heavy cramping.

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<v Speaker 1>About five percent of the time, it involves what's called

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<v Speaker 1>an incomplete abortion, meaning not everything is expelled from the

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<v Speaker 1>woman's body. She has dead tissue remaining, which can lead

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<v Speaker 1>to serious infection and requires a follow up surgery. Meanwhile,

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<v Speaker 1>the abortion pill is being marketed to people as if

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<v Speaker 1>it's a nothing burger intervention that erzos saypher's taking a

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<v Speaker 1>tile andol, by which they mean the complication rate is

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<v Speaker 1>about the same as overdosing on tilenol. So again, the

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<v Speaker 1>history of this has been. Clinton worked furiously for eight

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<v Speaker 1>straight years to get the abortion pill FDA approved, gets

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<v Speaker 1>it approved through an expedited FDA process in September of

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<v Speaker 1>two thousand because he realizes he's running out of time.

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<v Speaker 2>George W. Bush could win the election.

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<v Speaker 1>He doesn't want to leave it to chance, so he

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<v Speaker 1>does this expedited process that was probably illegal. There was

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<v Speaker 1>this expedited FDA process to approve medications that treat quote,

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<v Speaker 1>serious diseases or illnesses, which again does not fit the

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<v Speaker 1>abortion pill. The abortion pill does not treat a disease

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<v Speaker 1>or an illness. It treats pregnancy. Then it doesn't treat it.

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<v Speaker 2>It ends it.

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<v Speaker 1>It's not making the situation better. So for eight years

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<v Speaker 1>Clinton worked to get the abortion pill FDA approved. He

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<v Speaker 1>gets it FDA approved months before leaving office. George W.

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<v Speaker 1>Bush is president for eight years and does nothing. Then

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<v Speaker 1>Barack Obama comes into office. Barack Obama lessens a bunch

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<v Speaker 1>of the health and safety restrictions around the abortion pill.

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<v Speaker 1>Instead of needing three appointments, a preliminary appointment, an appointment

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<v Speaker 1>to get the pill, and a follow up appointment, Obama

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<v Speaker 1>reduces it to just one appointment just to get the pill.

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<v Speaker 1>Obama increases the time frame during which it can be

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<v Speaker 1>prescribed from the first seven weeks of pregnancy through the

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<v Speaker 1>first ten weeks of pregnancy, and yeah, the complication rate

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<v Speaker 1>increases the further along into pregnancy. You are, just like

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<v Speaker 1>with miscarriages. The later into pregnancy, a miscarriage happens, the

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<v Speaker 1>more likelihood there is for adverse outcomes, for risks to

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<v Speaker 1>the mother's health. So Obama gets rid of all these

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<v Speaker 1>safety precautions, including the need for follow up care. Why

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<v Speaker 1>do you need follow up care? Well, what if you

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<v Speaker 1>have an incomplete abortion and you need a follow up surgery.

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<v Speaker 1>That's the really helpful thing of having follow up care. No,

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<v Speaker 1>Instead they say, ah, well no, you don't need to

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<v Speaker 1>have the follow up care. Now, just come in the

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<v Speaker 1>one time and if someone's feeling bad, just go to

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<v Speaker 1>the er. Leaves someone to the vagaries of the er,

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<v Speaker 1>because again it's about access. Fewer needed drives to a

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<v Speaker 1>clinic equals readier access. So Obama deregulates it. And as

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<v Speaker 1>he's getting rid of these health and safety standards, Obama decides, basically,

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<v Speaker 1>he decides, we're going to get rid of all adverse

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<v Speaker 1>outcome reporting for the abortion pill other than deaths. You

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<v Speaker 1>have to report deaths, but you don't have to report

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<v Speaker 1>anything else. So now we're flying blind. Now we have

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<v Speaker 1>pretty good info for the first like sixteen years of

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<v Speaker 1>the abortion pills life cycle, the first sixteen years of

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<v Speaker 1>its being FDA approved, in America for its health and

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<v Speaker 1>safety risk.

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<v Speaker 2>They're not negligible.

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<v Speaker 1>But ever since twenty sixteen, we're flying blind because Barack

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<v Speaker 1>Obama's like, ah, we don't need.

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<v Speaker 2>To collect adverse health data.

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<v Speaker 1>So Obama issues those regulations three appointments to one, seven

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<v Speaker 1>weeks to ten, no adverse reporting data in twenty sixteen. Again,

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<v Speaker 1>just like Clinton did. Months before the twenty sixteen election,

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<v Speaker 1>here's Obama saying, well, you know, maybe Donald Trump will win,

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<v Speaker 1>you know, let's not leave it a chance. Trump then

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<v Speaker 1>spends four years, maybe Trump will win, Let's not leave

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<v Speaker 1>it a chance. Trump administration one point zero doesn't do

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<v Speaker 1>anything about the abortion pill for four years.

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<v Speaker 2>Then Biden comes in.

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<v Speaker 1>Immediately after he comes in, Biden deregulates the abortion pill again,

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<v Speaker 1>gets rid of more safety standards, gets rid of the

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<v Speaker 1>need for any in person appointment, says you can just

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<v Speaker 1>do it via a tele medicine appointment. Get a prescription

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<v Speaker 1>via tele medicine appointment, which, by the way, how many

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<v Speaker 1>weeks gestation are you?

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<v Speaker 2>I think ten? You can't. You can't expect.

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<v Speaker 1>Hundreds of thousands of American women to all guess that

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<v Speaker 1>they're within ten weeks of pregnancy. You know how many

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<v Speaker 1>of them are probably gonna get that wrong. And I'm

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<v Speaker 1>not saying they're idiots or something. Sometimes it's hard to

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<v Speaker 1>tell exactly how far along you are. That's the point

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<v Speaker 1>of having an appointment in person, so you can have

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<v Speaker 1>an ultrasound to confirm gestational age. So someone's gonna get

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<v Speaker 1>the abortion pill for a baby that might be twelve

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<v Speaker 1>weeks along, that's gonna severely increase that. That's gonna big

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<v Speaker 1>time increase all the risks for adverse health outcomes. Eh whatever.

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<v Speaker 1>Or if a woman's having an ectopic pregnancy, which is

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<v Speaker 1>where the baby's growing in the filippian tube instead of

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<v Speaker 1>the uterus, Uh, well, I got a positive pregnancy to us,

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<v Speaker 1>all right, let's just have the abortion pill. Well, what

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<v Speaker 1>if she's having an ectopic pregnancy, So if the baby's

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<v Speaker 1>growing in the Filippian tube, the abortion pill.

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<v Speaker 2>Is not gonna work.

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<v Speaker 1>The baby's gonna keep growing in the fillopian tube until

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<v Speaker 1>it bursts, which is going to be serious danger for

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<v Speaker 1>both the mom and the baby. In fact, New England

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<v Speaker 1>Journal of Medicine covered a case like that about a

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<v Speaker 1>year ago. Mom trying to do an abortion pill process

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<v Speaker 1>didn't realize she was having an actopic pregnancy, was doing

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<v Speaker 1>the abortion pill process online not in person. Fillopian tube ruptures,

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<v Speaker 1>you know, she almost dies. So with after President Obama

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<v Speaker 1>did his twenty sixteen regulations seven weeks to ten, three

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<v Speaker 1>visits to one visit, it resulted in the number of

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<v Speaker 1>pill abortions spiking from about thirty nine percent of all

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<v Speaker 1>abortions in America to fifty three percent of all abortions

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<v Speaker 1>in America. After President Biden deregulated the abortion pill further

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<v Speaker 1>with no required in person visits. Have the abortion pill

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<v Speaker 1>be shipped to your house or shipped to a major pharmacy.

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<v Speaker 1>It's from fifty three percent of all American abortions to

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<v Speaker 1>sixty three percent of all American abortions. So you're talking,

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<v Speaker 1>and under the Biden regime, the total number of abortions

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<v Speaker 1>spiked from nine hundred thousand to a million, and probably

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<v Speaker 1>that extra hundred thousand was all the result of pill abortions.

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<v Speaker 1>So in comes Trump two point zero incomes RFK junior.

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<v Speaker 1>Will RFK junior want to regulate this? Why would RFK

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<v Speaker 1>junior want to regulate this? Let's how should RFK junior

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<v Speaker 1>regulate it? Let's talk about that. In the next segment.

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<v Speaker 1>This is the John Gilready Show on Power Talk. So

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<v Speaker 1>we've been talking about my piece that was published in

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<v Speaker 1>National Review about the abortion pill if a pristone and

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<v Speaker 1>why Trump and RFK should regulate it now one of

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<v Speaker 1>the things that has amused my wife and me over

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<v Speaker 1>the last So the National Review agreed to run the start.

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<v Speaker 1>I wrote very grateful to my friend's the Spencer family

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<v Speaker 1>who kind of helped me with getting it submitted.

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<v Speaker 2>Thanks Susie.

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<v Speaker 1>I got it submitted, it was edited last week. I

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<v Speaker 1>was really excited. I mean, this is the biggest publication

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<v Speaker 1>I've ever had anything I've written published in.

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<v Speaker 2>So I'm super excited.

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<v Speaker 1>And it gets posted on National Reviews website Saturday Saturday, early,

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<v Speaker 1>early Saturday morning, and I wake up at about I

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<v Speaker 1>woke up actually extremely early because our two year old

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<v Speaker 1>Jimmy's been waking up crazy early.

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<v Speaker 2>For some crazy reason.

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<v Speaker 1>And I woke wake up at like five thirty or

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<v Speaker 1>six or something, and I look at pull up the

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<v Speaker 1>website on my phone and I see it and I

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<v Speaker 1>see just a ton of comments. It's like over four

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<v Speaker 1>hundred comments. As of today, it's over four hundred comments.

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<v Speaker 1>But even you know, early Saturday morning. Right ever, was

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<v Speaker 1>posed a ton of cos and the thing that astonished

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<v Speaker 1>me was how many of the comments were really negative

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<v Speaker 1>on it. Wow, National Reviews readership apparently far more pro

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<v Speaker 1>choice than I expected, and it was ninety nine percent

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<v Speaker 1>of the comments seemed to indicate that they hadn't really

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<v Speaker 1>read the piece, that they thought it was just a

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<v Speaker 1>generic anti abortion piece, or like some of them were like,

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<v Speaker 1>why should RFK do anything that National Review wants to do?

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<v Speaker 2>Which I'm like, well, I'm not National Review.

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<v Speaker 1>I just got a thing published, So why is there

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<v Speaker 1>any reason RFK would want to REGULARLYMPH for pristone. Now,

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<v Speaker 1>RFK was specifically asked about the abortion pill, which, again

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<v Speaker 1>for context if you've missed the first segment, MEPH for

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<v Speaker 1>pristone's the most common method of abortion provision in America. Today,

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<v Speaker 1>sixty three percent of all abortions are done via MIPH

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<v Speaker 1>for pristone. Since President Biden got rid of a lot

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<v Speaker 1>of the health and safety standards around it and allowed

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<v Speaker 1>the abortion pill to be ship through the mail, it

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<v Speaker 1>has spiked the total number of American abortions from about

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<v Speaker 1>nine hundred thousand a year to a million per year,

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<v Speaker 1>and the total the percentage of all abortions done via

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<v Speaker 1>the abortion pill has massively increased as well. So my

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<v Speaker 1>contention is this administration, if it's going to do anything

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<v Speaker 1>abortion related, this is a federal problem. The FDA regulatory

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<v Speaker 1>status of mif A pristone is a federal question.

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<v Speaker 2>State governments can't do anything about it.

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<v Speaker 1>As much as people want to say, oh, abortions for

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<v Speaker 1>the states, now, all right in certain respects, Yeah, yes,

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<v Speaker 1>states can regulate it. But states can't do anything about

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<v Speaker 1>the FDA approval and FDA restrictions on a drug. That's

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<v Speaker 1>a federal question. And it was brought before RFK during

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<v Speaker 1>his Senate confirmation hearings. Now, RFK said a couple of

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<v Speaker 1>things about abortion that I thought were really interesting, and

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<v Speaker 1>most of them pretty good.

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<v Speaker 2>Honestly.

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<v Speaker 1>Now he is pro choice, he admitted, But he said,

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<v Speaker 1>you know what, he really sounds like. RFK sounds like

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<v Speaker 1>a Democrat from nineteen ninety two. When you talk about

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<v Speaker 1>abortion with RFK the way he talks about it, he

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<v Speaker 1>sounds like a Democrat from nineteen ninety two. I think

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<v Speaker 1>he's still stuck in that kind of Democrat party and

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<v Speaker 1>the rest of the rest of the Democratic Party abandoned

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<v Speaker 1>his position. They the most of the Democrats moved way

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<v Speaker 1>to the left on abortion, and RFK is still kind

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<v Speaker 1>of living in this nineteen ninety two Democrat attitude where

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<v Speaker 1>he says, look, I think every abortion is a tragedy.

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<v Speaker 1>I don't think we can be a moral nation if

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<v Speaker 1>we have, you know, over a million abortions per year.

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<v Speaker 1>You know, I don't support federal funding for abortion. I

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<v Speaker 1>safe legal and rare. RFK Junior is still living in

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<v Speaker 1>the safe legal, rare era of abortion. And while I

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<v Speaker 1>certainly don't think that's an adequate summation of like what

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<v Speaker 1>our country's moral and legal approach to the question of

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<v Speaker 1>abortion should be, it's certainly preferable to the modern day

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<v Speaker 1>Democrat approach to abortion, which is basically, abortion should be

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<v Speaker 1>universally accessible with no restrictions on anyone being able to

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<v Speaker 1>get abortion, meaning you, the taxpayer, should fund it. It

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<v Speaker 1>should be shipped through the mail to people's houses directly,

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<v Speaker 1>without even needing to see a doctor first. Like that,

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<v Speaker 1>that's the level of insanity we're talking about with Democrats

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<v Speaker 1>and their abortion activism. All right, So RFK said a

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<v Speaker 1>couple of good things, and when asked about and if

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<v Speaker 1>Pristoni said, I haven't decided how I want to regulate it.

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<v Speaker 1>President Trump hasn't decided what how to regulate it. We're

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<v Speaker 1>going to discuss it together. So I wrote this column saying,

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<v Speaker 1>I think the whole pro life movement needs to orient

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<v Speaker 1>its focus on this issue. I think everything else practically

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<v Speaker 1>pales in comparison, because again, the deregulation of the abortion

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<v Speaker 1>pill under Bien, under Biden has led to one hundred

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<v Speaker 1>thousand more abortions per year. So what could be done well? First,

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<v Speaker 1>the FDA could look back at the original approval of

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<v Speaker 1>the abortion pill by the FDA. President Obama's loosening of

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<v Speaker 1>safety restrictions in twenty sixteen three mandated doctor visits before

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<v Speaker 1>to receive the drug and follow up reduced just to

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<v Speaker 1>one visit, extending the timeframe from seven weeks into pregnancy

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<v Speaker 1>to ten weeks in pregnancy where there are more complications,

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<v Speaker 1>and getting rid of reporting requirements for adverse health outcomes.

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<v Speaker 1>That was the twenty sixteen regulations and then the twenty

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<v Speaker 1>twenty one Joe Biden regulations. First, there's already been a

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<v Speaker 1>federal court, the Fifth Circuit Court of Appeals, that has

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<v Speaker 1>held that the twenty sixteen and twenty twenty one deregulations

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<v Speaker 1>violated federal law, violated the Administrative Procedures Act, basically that

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<v Speaker 1>they were arbitrary and compricious regulations that had no relationship

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<v Speaker 1>whatsoever to the actual health and safety data that was available.

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<v Speaker 1>So the Fifth Circuit is ruled that it violated them

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<v Speaker 1>Inministrative Procedures Act. I think that gives the FDA pretty

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<v Speaker 1>good grounds to say we're going to roll back those regulations.

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<v Speaker 1>Make it much more difficult to get the abortion pill.

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<v Speaker 1>You need three in person visits, it's only within the

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<v Speaker 1>first seven weeks. Also, they could just reassess the original

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<v Speaker 1>approval of miphipristone in two thousand. Clinton's FDA approved MiFi

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<v Speaker 1>pristone in the year two thousand with an expedited process

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<v Speaker 1>that was meant for this FDA process that's meant for

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<v Speaker 1>drugs that treat quote, serious diseases and illnesses. The abortion

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<v Speaker 1>pill doesn't treat a serious disease. It treats pregnance. It

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<v Speaker 1>ends pregnancy, it terminates pregnancy. Pregnancy is not a disease

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<v Speaker 1>or an illness. There's also been huge problems with the

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<v Speaker 1>abortion pill being shipped illegally into being shipped into states

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<v Speaker 1>where abortion is illegal from states where it is legal.

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<v Speaker 1>So California company or doctor shipping the abortion pill through

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<v Speaker 1>the mail to Texas, and California set up these shield

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<v Speaker 1>laws to prevent doctors, prevent companies from any kind of

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<v Speaker 1>adverse legal action from Texas. Well, maybe the Trump administration

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<v Speaker 1>could enforce this thing called the Comstock Act. Was that

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<v Speaker 1>Ulysses says, grant law that prevents shipping abortifations through the mail.

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<v Speaker 2>So I really encourage you guys.

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<v Speaker 1>Go to Fresno Johnny on Twitter dot com slash Fresno

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<v Speaker 1>Johnny read my piece.

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<v Speaker 2>I think it's really good.

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<v Speaker 1>When we return how Trump could restore the executive branch

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<v Speaker 1>Next on the John Girardi Show, I think one of

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<v Speaker 1>the most significant and potentially long lasting outcomes we could

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<v Speaker 1>see of Trump two point zero is the way that

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<v Speaker 1>it will possibly restore executive power to its proper constitutional constraints.

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<v Speaker 1>And this is happening on a number of fronts that

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<v Speaker 1>there are a lot of court challenges that seem to

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<v Speaker 1>be getting set up on a number of different fronts

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<v Speaker 1>for basically allowing the Trump and min Stration to do

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<v Speaker 1>its job and chipping away at a bunch of laws

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<v Speaker 1>that were passed at a time when the Supreme Court

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<v Speaker 1>just really did not care very much or just sort

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<v Speaker 1>of the political culture was just not as caring about

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<v Speaker 1>separation of powers problems.

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<v Speaker 2>Let me explain what I mean.

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<v Speaker 1>We have like a federal workforce. Now, these are employees

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<v Speaker 1>who work for the various federal executive branch agencies, and

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<v Speaker 1>we now have this classification system between well, there's political

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<v Speaker 1>appointees and then there's career appointees, political employees and career.

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<v Speaker 2>Employees of the federal government.

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<v Speaker 1>That the career employees are allegedly nonpartisan, and they stay

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<v Speaker 1>when even though a new administration comes in, a new

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<v Speaker 1>administration can.

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<v Speaker 2>Easily fire this whole category of people.

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<v Speaker 1>But this category of people, these some of these career people,

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<v Speaker 1>you can't fire them. An incoming president can't fire them.

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<v Speaker 1>Why well, because their career employees and basically if you

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<v Speaker 1>fire them, their union will get involved. Why do federal

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<v Speaker 1>government workers have a union? That seems maybe a little

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<v Speaker 1>again that the whole point of labor unions is that

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<v Speaker 1>they make a lot of sense in the private sector context,

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<v Speaker 1>where you've got management who has a certain financial interest

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<v Speaker 1>in keeping most of the profits for itself. And you

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<v Speaker 1>have labor, which has a certain financial interest in keeping

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<v Speaker 1>more of the profits for itself. Two sides that don't

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<v Speaker 1>have aligning interests. Labor which an individual laborer working for

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<v Speaker 1>a big company like four does not have the kind

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<v Speaker 1>of bargaining power for his own individual job that all

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<v Speaker 1>of the laborers together collectively bargaining have. So labor unions

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<v Speaker 1>make total sense in a private sector context. They don't

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<v Speaker 1>make sense in the context of government employees, where there's

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<v Speaker 1>no profit motive for the federal government for demanding more

421
00:27:00.319 --> 00:27:07.960
<v Speaker 1>for itself. Now, so the idea is the president can't

422
00:27:07.960 --> 00:27:13.039
<v Speaker 1>fire these people and beyond just like firing career employees

423
00:27:13.079 --> 00:27:15.519
<v Speaker 1>of the federal government, having the total attitude to do that.

424
00:27:17.119 --> 00:27:23.880
<v Speaker 2>A lot of stuff happened after Watergate that was really weird.

425
00:27:26.160 --> 00:27:31.920
<v Speaker 1>Nixon was so despised, so despised, and was so at

426
00:27:32.000 --> 00:27:33.640
<v Speaker 1>war with Washington in.

427
00:27:33.559 --> 00:27:34.359
<v Speaker 2>A lot of ways.

428
00:27:35.039 --> 00:27:39.279
<v Speaker 1>Like there's a lot of Nixon in Trump like And

429
00:27:39.319 --> 00:27:41.920
<v Speaker 1>I'm not saying that in a negative way. I'm saying

430
00:27:41.960 --> 00:27:45.400
<v Speaker 1>that actually kind of as a compliment. I think Nixon

431
00:27:45.480 --> 00:27:52.680
<v Speaker 1>is a wildly underappreciated president. I also sort of think

432
00:27:52.720 --> 00:27:56.480
<v Speaker 1>that other presidents did a lot of crap far more

433
00:27:56.599 --> 00:28:00.920
<v Speaker 1>wildly abusive of power than Watergate was, and never, you know,

434
00:28:01.319 --> 00:28:02.440
<v Speaker 1>never got nailed for it.

435
00:28:03.960 --> 00:28:06.519
<v Speaker 2>LBJ. You know, I'm LBJ was.

436
00:28:06.519 --> 00:28:08.920
<v Speaker 1>Doing stuff with the FBI that I think was far

437
00:28:09.039 --> 00:28:12.440
<v Speaker 1>worse than anything Nixon did with Watergate, or or at

438
00:28:12.480 --> 00:28:20.440
<v Speaker 1>least as bad. Anyway, after Watergate, Democrats had these massive

439
00:28:21.240 --> 00:28:25.920
<v Speaker 1>over two thirds majorities in Congress, and Ford was completely powerless.

440
00:28:25.960 --> 00:28:27.880
<v Speaker 2>And then eventually Jimmy Carter comes.

441
00:28:27.720 --> 00:28:31.359
<v Speaker 1>In, and what happened was Congress wound up passing a

442
00:28:31.359 --> 00:28:36.359
<v Speaker 1>bunch of statutes that really empowered Congress and really limited

443
00:28:36.359 --> 00:28:38.880
<v Speaker 1>the power of the executive in a certain to a

444
00:28:38.960 --> 00:28:44.880
<v Speaker 1>certain way, I think, to a point overstepping the constitutional

445
00:28:45.000 --> 00:28:51.160
<v Speaker 1>role of Congress and infringing on the proper constitutional role

446
00:28:51.160 --> 00:28:55.720
<v Speaker 1>of the president. So things like the Independent Council Statute,

447
00:28:56.359 --> 00:28:58.839
<v Speaker 1>the idea that there can be a federal prosecutor who

448
00:28:58.920 --> 00:29:01.920
<v Speaker 1>is independent of the executive branch who can investigate and

449
00:29:02.000 --> 00:29:08.119
<v Speaker 1>prosecute the president. This law eventually was allowed to sunset

450
00:29:08.160 --> 00:29:13.240
<v Speaker 1>because it wound up biting both Republicans and Democrats in

451
00:29:13.279 --> 00:29:13.680
<v Speaker 1>the rear.

452
00:29:14.839 --> 00:29:15.920
<v Speaker 2>You know, Nixon.

453
00:29:16.519 --> 00:29:19.359
<v Speaker 1>It was obviously an anti Nixon thing, and then it

454
00:29:19.359 --> 00:29:23.200
<v Speaker 1>wound up biting Bill Clinton in the rear during his presidency.

455
00:29:23.279 --> 00:29:24.680
<v Speaker 1>So I think both Republicans and.

456
00:29:24.640 --> 00:29:27.079
<v Speaker 2>Democrats were like, all right, we'll just allow this to die.

457
00:29:27.119 --> 00:29:30.039
<v Speaker 1>I got replaced by the Special Council, which does have

458
00:29:30.279 --> 00:29:37.039
<v Speaker 1>some degree of political accountability to the executive. But beyond that,

459
00:29:37.119 --> 00:29:40.799
<v Speaker 1>Congress created these things called the Inspectors General. These were

460
00:29:40.960 --> 00:29:48.279
<v Speaker 1>entities were supposed to report to Congress basically bad stuff

461
00:29:48.319 --> 00:29:51.839
<v Speaker 1>that was going on within various federal executive agencies. The

462
00:29:51.880 --> 00:29:54.480
<v Speaker 1>idea being that they answer to Congress and say, well,

463
00:29:55.480 --> 00:29:59.880
<v Speaker 1>what is this entity. It's an employee whose task with

464
00:30:00.160 --> 00:30:02.960
<v Speaker 1>executing the law. But he's not under the executive, he's

465
00:30:02.960 --> 00:30:07.160
<v Speaker 1>not under the president. He's reporting to Congress. Doesn't seem

466
00:30:07.240 --> 00:30:11.279
<v Speaker 1>to make any sense. That's a constitutional you know, this

467
00:30:11.359 --> 00:30:15.119
<v Speaker 1>is a constitutional platypus. You can't have something that sort

468
00:30:15.160 --> 00:30:17.519
<v Speaker 1>of has features of the executive sort of as features

469
00:30:17.519 --> 00:30:25.240
<v Speaker 1>of the legislative. So Trump made headlines by firing a

470
00:30:25.279 --> 00:30:28.720
<v Speaker 1>bunch of these inspectors general, and a bunch of these

471
00:30:28.759 --> 00:30:31.240
<v Speaker 1>inspectors general said well, he doesn't have the authority to

472
00:30:31.279 --> 00:30:34.880
<v Speaker 1>fire me. He needed to give Congress written notice within

473
00:30:34.960 --> 00:30:37.759
<v Speaker 1>thirty day. A thirty day written notice before he terminates

474
00:30:37.759 --> 00:30:40.640
<v Speaker 1>our positions, and the Trump administration's taking the perspective of no,

475
00:30:43.000 --> 00:30:46.160
<v Speaker 1>the Trump administration is taking the perspective, we don't think

476
00:30:46.200 --> 00:30:50.599
<v Speaker 1>the inspectors general are constitutional, so we're not going to

477
00:30:50.680 --> 00:30:54.359
<v Speaker 1>respect that. We're just firing them. If they're part of

478
00:30:54.359 --> 00:31:00.720
<v Speaker 1>the executive they can get fired. And I think this

479
00:31:00.960 --> 00:31:05.000
<v Speaker 1>makes sense. If someone's an executive official, the president needs

480
00:31:05.000 --> 00:31:08.559
<v Speaker 1>to be able to fire them in order to do

481
00:31:08.599 --> 00:31:09.079
<v Speaker 1>his job.

482
00:31:11.400 --> 00:31:13.160
<v Speaker 2>The only check that we have.

483
00:31:13.240 --> 00:31:16.200
<v Speaker 1>On the president's ability to appoint people to help him

484
00:31:16.240 --> 00:31:18.640
<v Speaker 1>execute the law, because let's remember what Article two says,

485
00:31:18.920 --> 00:31:21.240
<v Speaker 1>the executive power of the United States, the power to

486
00:31:21.480 --> 00:31:23.400
<v Speaker 1>enforce law in America.

487
00:31:23.079 --> 00:31:30.640
<v Speaker 2>Is vested in one guy uno hombra, the President. That's it.

488
00:31:33.839 --> 00:31:37.319
<v Speaker 1>Everyone else in the executive branch who's doing legal stuff

489
00:31:37.359 --> 00:31:44.279
<v Speaker 1>is doing so with his delegated authority. The Attorney General

490
00:31:44.319 --> 00:31:48.279
<v Speaker 1>only authorizes things at thesis at the president's pleasure, at

491
00:31:48.279 --> 00:31:53.799
<v Speaker 1>the president's pressure, at the president's pleasure. If the Attorney

492
00:31:53.799 --> 00:31:56.279
<v Speaker 1>General does something Trump doesn't like, he can fire.

493
00:31:56.079 --> 00:31:57.440
<v Speaker 2>Him like like that.

494
00:31:59.440 --> 00:32:05.400
<v Speaker 1>Because the president controls the executive branch, the only check

495
00:32:05.440 --> 00:32:09.480
<v Speaker 1>on it is that for officers of the United States,

496
00:32:10.559 --> 00:32:14.920
<v Speaker 1>the Constitution does require, just as a basic test of competence,

497
00:32:14.920 --> 00:32:18.359
<v Speaker 1>that the President run that person by the Senate for

498
00:32:18.400 --> 00:32:21.359
<v Speaker 1>their advice and consent. But once the Senate gives their

499
00:32:21.359 --> 00:32:25.079
<v Speaker 1>advice and consent, that's it. They do what the president

500
00:32:25.160 --> 00:32:28.200
<v Speaker 1>wants and they don't answer to Congress other than Congress

501
00:32:28.279 --> 00:32:33.759
<v Speaker 1>doing its sort of oversight for funding and creating these

502
00:32:33.839 --> 00:32:40.160
<v Speaker 1>executive departments. But they ultimately do what the president tells them.

503
00:32:40.160 --> 00:32:44.640
<v Speaker 1>The president's the one who hires and fires them. When

504
00:32:44.720 --> 00:32:49.039
<v Speaker 1>the president is you know, if they do something stupid,

505
00:32:49.119 --> 00:32:51.839
<v Speaker 1>it reflects poorly on the president. The president is politically

506
00:32:51.839 --> 00:32:54.599
<v Speaker 1>accountable to the people. The president gets rid of them. Okay,

507
00:32:54.640 --> 00:32:56.960
<v Speaker 1>that's the political accountability that all the members of the

508
00:32:57.000 --> 00:33:00.240
<v Speaker 1>executive branch have. They answer to this president who has

509
00:33:00.319 --> 00:33:04.359
<v Speaker 1>to be concerned with his political standing, that is standing

510
00:33:04.400 --> 00:33:09.039
<v Speaker 1>he has with the people. Donald Trump looks at the polls. Okay,

511
00:33:09.079 --> 00:33:11.599
<v Speaker 1>he cares what the polls say. He wants to ensure

512
00:33:11.640 --> 00:33:14.960
<v Speaker 1>that he's doing things that are popular with the American

513
00:33:15.000 --> 00:33:17.880
<v Speaker 1>people with an eye towards well, I don't want my

514
00:33:17.960 --> 00:33:21.200
<v Speaker 1>party to lose the twenty twenty six midterms, and I

515
00:33:21.279 --> 00:33:29.200
<v Speaker 1>don't want us to lose the twenty twenty eight presidential election. Now,

516
00:33:33.720 --> 00:33:37.440
<v Speaker 1>another aspect that were of this that Trump might challenge

517
00:33:38.319 --> 00:33:44.759
<v Speaker 1>is with impounding money. And there's an interesting piece written

518
00:33:44.799 --> 00:33:49.240
<v Speaker 1>by John Yu. John You sort of made himself famous,

519
00:33:49.279 --> 00:33:52.640
<v Speaker 1>sort of notorious for writing a bunch of legal memos

520
00:33:52.680 --> 00:33:58.680
<v Speaker 1>during the George W. Bush administration justifying enhanced interrogation methods

521
00:33:58.799 --> 00:34:01.240
<v Speaker 1>which to put a black eye on him. But he

522
00:34:01.319 --> 00:34:05.920
<v Speaker 1>still is very prominent and important legal scholar, and he

523
00:34:05.960 --> 00:34:10.440
<v Speaker 1>has this piece in National Review talking about basically the

524
00:34:10.480 --> 00:34:15.320
<v Speaker 1>ways in which Trump could really significantly shift presidential power

525
00:34:15.360 --> 00:34:20.199
<v Speaker 1>through impoundment. Basically, Trump saying, i know Congress authorized spending

526
00:34:20.239 --> 00:34:22.360
<v Speaker 1>on this, but I'm not going to spend this money.

527
00:34:23.079 --> 00:34:30.079
<v Speaker 1>I'm pausing federal spending on this. Now. Can the president

528
00:34:30.159 --> 00:34:32.840
<v Speaker 1>do that? Can the president just decide, I know Congress

529
00:34:32.880 --> 00:34:34.559
<v Speaker 1>allocated a bunch of money for this, I don't want

530
00:34:34.599 --> 00:34:36.760
<v Speaker 1>to spend the money on that. Is that lawless by

531
00:34:36.760 --> 00:34:38.679
<v Speaker 1>the president? Is that the president breaking the law? Is

532
00:34:38.679 --> 00:34:42.800
<v Speaker 1>that the president violating that? Hey, Congress passed a law

533
00:34:43.559 --> 00:34:46.400
<v Speaker 1>saying that the money should be spent for this. Therefore

534
00:34:46.400 --> 00:34:49.480
<v Speaker 1>you got to spend the money on this. Now you

535
00:34:49.639 --> 00:34:52.840
<v Speaker 1>goes over. There are actually a decent number of circumstances

536
00:34:52.840 --> 00:34:56.199
<v Speaker 1>where it's totally foreseeable at the time of the founding.

537
00:34:56.559 --> 00:34:58.679
<v Speaker 1>An originalist vision of things would say that, no, the

538
00:34:58.719 --> 00:35:01.119
<v Speaker 1>president doesn't have to spend all the money. If Congress

539
00:35:01.119 --> 00:35:04.280
<v Speaker 1>allocates one hundred million dollars to build a bridge and

540
00:35:04.400 --> 00:35:06.239
<v Speaker 1>someone figures out a way for the bridge to be

541
00:35:06.239 --> 00:35:08.880
<v Speaker 1>built for seventy five million dollars, the president doesn't have

542
00:35:08.920 --> 00:35:12.039
<v Speaker 1>to spend that last twenty five million. So if changing

543
00:35:12.079 --> 00:35:17.000
<v Speaker 1>circumstances renders the expenditure moot, then the president doesn't have

544
00:35:17.079 --> 00:35:22.320
<v Speaker 1>to spend it that way. But you is basically identifying

545
00:35:22.360 --> 00:35:26.159
<v Speaker 1>a couple of things where he's saying, I think there

546
00:35:26.199 --> 00:35:30.719
<v Speaker 1>are other ways that Trump could free spending that he'd

547
00:35:30.719 --> 00:35:34.760
<v Speaker 1>be on good constitutional grounds. One of them is for

548
00:35:34.800 --> 00:35:41.800
<v Speaker 1>anything having to do with foreign policy. So basically, if

549
00:35:41.840 --> 00:35:46.960
<v Speaker 1>Congress said, all right, we are spending all this money

550
00:35:47.039 --> 00:35:50.239
<v Speaker 1>to fund advancing this American foreign policy, well, the president

551
00:35:50.280 --> 00:35:53.840
<v Speaker 1>is supposed to direct foreign policy. If this is Congress

552
00:35:53.880 --> 00:35:58.039
<v Speaker 1>sort of impinging on the president's sole ability to direct

553
00:35:58.039 --> 00:36:00.840
<v Speaker 1>foreign policy, a power that is only check by the

554
00:36:00.960 --> 00:36:04.639
<v Speaker 1>need to go to Congress for declarations of war, go

555
00:36:04.679 --> 00:36:07.960
<v Speaker 1>to the Senate for ratifying treaties. Short of that it's

556
00:36:07.960 --> 00:36:12.760
<v Speaker 1>a presidential power, and this is why I think the

557
00:36:12.800 --> 00:36:15.960
<v Speaker 1>president might get away with cutting all this stuff at

558
00:36:16.039 --> 00:36:20.719
<v Speaker 1>usaid that a lot of it's this foreign policy stuff

559
00:36:20.760 --> 00:36:23.440
<v Speaker 1>that the president doesn't support, so why should the president

560
00:36:23.519 --> 00:36:33.159
<v Speaker 1>keep funding it? Now he also sort of wants to challenge,

561
00:36:33.639 --> 00:36:36.920
<v Speaker 1>so he wants to challenge the constitutional constitutionality of what's

562
00:36:36.920 --> 00:36:39.039
<v Speaker 1>called the Budget Act. Now, the Budget Act is one

563
00:36:39.039 --> 00:36:43.519
<v Speaker 1>of these Nixonian post Nixonian congressional.

564
00:36:42.960 --> 00:36:44.840
<v Speaker 2>Things that I think infringes on executive power.

565
00:36:44.920 --> 00:36:47.559
<v Speaker 1>Now, when we return, we'll talk about more about how

566
00:36:47.639 --> 00:36:53.920
<v Speaker 1>this could really reshape the whole look of the presidency

567
00:36:53.920 --> 00:36:56.519
<v Speaker 1>and the legal impact of the Trump era. That's next

568
00:36:56.519 --> 00:37:02.360
<v Speaker 1>on the John Girardi Show. Or I'm thinking that Trump

569
00:37:02.559 --> 00:37:06.760
<v Speaker 1>is going to be the most legally significant president in

570
00:37:06.800 --> 00:37:11.159
<v Speaker 1>a really long time. That first of all, he's already

571
00:37:11.239 --> 00:37:14.400
<v Speaker 1>reshaped the Supreme Court, and he may reshape it further

572
00:37:16.119 --> 00:37:19.920
<v Speaker 1>if he replaces Alito and Thomas with some real home.

573
00:37:20.360 --> 00:37:25.039
<v Speaker 1>If Alito and Thomas resign sometime in the next two

574
00:37:25.159 --> 00:37:29.039
<v Speaker 1>years here, which I think is very likely. I'm betting

575
00:37:29.119 --> 00:37:33.400
<v Speaker 1>they'll resign in twenty twenty six, and maybe maybe both

576
00:37:33.440 --> 00:37:35.519
<v Speaker 1>of them will resign it at around the same time,

577
00:37:38.320 --> 00:37:40.920
<v Speaker 1>Trump will have completely reshaped the Supreme Court if he

578
00:37:40.960 --> 00:37:42.880
<v Speaker 1>gets a leader. If Alito and Thomas resign and Trump

579
00:37:42.920 --> 00:37:46.280
<v Speaker 1>gets to replace them, he'll have picked literally a majority.

580
00:37:45.800 --> 00:37:46.280
<v Speaker 2>On the Court.

581
00:37:47.679 --> 00:37:50.280
<v Speaker 1>Also, the ways in which he's challenging executive authority, the

582
00:37:50.360 --> 00:37:52.920
<v Speaker 1>ability to not spend on things, the ability to fire

583
00:37:53.039 --> 00:37:56.199
<v Speaker 1>larger swaths of the federal workforce. That's going to be

584
00:37:56.280 --> 00:37:59.639
<v Speaker 1>a huge shift in executive power in a way that

585
00:37:59.679 --> 00:38:03.880
<v Speaker 1>I think stores its proper order within the constitutional framework.

586
00:38:05.039 --> 00:38:08.199
<v Speaker 2>I Between that and overturning.

587
00:38:07.800 --> 00:38:12.079
<v Speaker 1>Roev Wade, the Trump era maybe perhaps one of the

588
00:38:12.079 --> 00:38:15.199
<v Speaker 1>most significant The legal impact of Trump may be his

589
00:38:15.360 --> 00:38:16.480
<v Speaker 1>most significant impact.

590
00:38:16.519 --> 00:38:18.239
<v Speaker 2>That'll do it for John Geordy Show. See you next

591
00:38:18.239 --> 00:38:18.920
<v Speaker 2>time on Power Talk.
