WEBVTT 1 00:00:02.799 --> 00:00:06.960 Well, whiskey, come and take my pain, the money, my. 2 00:00:07.080 --> 00:00:11.919 Way, Oh whiskey, Why think alone when you can drink 3 00:00:11.960 --> 00:00:15.519 it all in with Ricochet's Three Whiskey Happy Hour. Join 4 00:00:15.560 --> 00:00:19.960 your bartenders, Steve Hayward, John, You and the international woman 5 00:00:20.000 --> 00:00:25.480 of mystery, Lucretia. 6 00:00:25.480 --> 00:00:26.519 Where the laps it up? 7 00:00:26.640 --> 00:00:30.079 And David, ain't you easy on the should taps? 8 00:00:30.199 --> 00:00:32.840 Gotta give me and let that whiskey blow? 9 00:00:33.799 --> 00:00:37.759 Well. Welcome everybody to this very special episode of the 10 00:00:37.840 --> 00:00:40.640 Three Whiskey Happy Hour. It is a no host episode 11 00:00:40.759 --> 00:00:43.039 because there will only be John and me, and we 12 00:00:43.119 --> 00:00:46.119 don't have to fight like we do with Steve for 13 00:00:46.320 --> 00:00:49.280 the opportunity to say something. When he decides to give 14 00:00:49.359 --> 00:00:52.039 us permission. We will just go back and forth drink 15 00:00:52.119 --> 00:00:57.000 our whiskeys in peace, without a single historical analogy. Because 16 00:00:57.079 --> 00:01:02.200 Steve is off somewhere in the deep Arctic and just 17 00:01:02.280 --> 00:01:06.840 can't be bothered to opine upon the important issues of 18 00:01:06.920 --> 00:01:10.000 the day. John has his own theory about why Steve 19 00:01:10.120 --> 00:01:10.599 is not here. 20 00:01:12.200 --> 00:01:15.959 Welcome John, I thanks Lucretia, and I just want to 21 00:01:16.000 --> 00:01:19.519 say to all the listeners, turn on the recording button now, 22 00:01:20.079 --> 00:01:23.120 because you have the chance to make your own final cut. 23 00:01:23.640 --> 00:01:27.280 Of what might be the last Lucretia unplugged album where 24 00:01:27.799 --> 00:01:30.280 if you remember, if you're people of our generation, there 25 00:01:30.319 --> 00:01:33.560 would be the studio album and then the artist would 26 00:01:33.640 --> 00:01:37.480 play acoustic guitar in front of a coffeehouse audience and 27 00:01:37.599 --> 00:01:38.519 this would be marketed. 28 00:01:39.120 --> 00:01:40.680 Yeah, this would be marketed. 29 00:01:40.319 --> 00:01:45.359 As the unplugged album where things like Steve, like synthesizers 30 00:01:45.400 --> 00:01:48.879 are gone, electric guitars are gone, all interference with the 31 00:01:48.959 --> 00:01:50.319 true voice are removed. 32 00:01:50.719 --> 00:01:54.239 So now we have no Steve. So now we're finally unplugged. 33 00:01:54.879 --> 00:01:57.640 But Lucretia before we start, Yeah, I know where Steve is. 34 00:01:57.680 --> 00:02:02.159 Steve's up in Norway or Iceland or some place. Why 35 00:02:02.400 --> 00:02:06.319 do people of Western European extraction like to go on 36 00:02:06.439 --> 00:02:10.520 vacation to such desolate places that are used as the 37 00:02:10.599 --> 00:02:16.360 backdrop for science fiction movies for Mars and planets where 38 00:02:16.560 --> 00:02:19.199 aliens are birthed to come destroy humanity. 39 00:02:19.759 --> 00:02:22.080 Okay, so let me just remind you, my friend, that 40 00:02:22.439 --> 00:02:25.960 not being from a Western European extraction and being from 41 00:02:26.080 --> 00:02:30.639 Korean extraction, how many times have you visited your ancient 42 00:02:31.159 --> 00:02:32.159 ethnic homeland? 43 00:02:33.280 --> 00:02:37.560 So maybe that also it's so cold there, so cold 44 00:02:38.159 --> 00:02:38.919 that Steve. 45 00:02:38.759 --> 00:02:42.039 Doesn't have a Viking bone in his body. I, on 46 00:02:42.159 --> 00:02:43.960 the other hand, in half Viking. 47 00:02:44.319 --> 00:02:46.520 And wow you are that explains a lot. 48 00:02:47.000 --> 00:02:50.599 Yeah, the good half, I might say. The other half 49 00:02:50.719 --> 00:02:54.520 is some weird mixture of those those Brits and the 50 00:02:54.639 --> 00:02:57.919 Scots and Cherokee Indian anyway, so I'm proud of my 51 00:02:58.800 --> 00:03:01.919 my Viking back owned. But Steve goes there because it's 52 00:03:01.960 --> 00:03:05.000 cold and he doesn't like hot weather, because it's miserable 53 00:03:05.039 --> 00:03:07.240 here in Arizona. It's going to be one hundred and 54 00:03:07.240 --> 00:03:11.280 fourteen tomorrow in too sonwhere I'm gonna be. So that's 55 00:03:11.319 --> 00:03:14.159 why Steve goes. I don't know. And he drags his 56 00:03:14.599 --> 00:03:18.000 lovely wife along, and I think she can't possibly like 57 00:03:18.080 --> 00:03:19.960 it that cold. I've seen her in the cold before. 58 00:03:20.039 --> 00:03:23.800 But anyway, I Steve says he's never actually been cold. 59 00:03:25.840 --> 00:03:26.919 Well didn't I've seen. 60 00:03:27.000 --> 00:03:29.759 I think photos of Steve doing the polar bear thing 61 00:03:29.879 --> 00:03:33.280 on New Year's jumping into the water is kind of 62 00:03:33.400 --> 00:03:35.360 California in the Pacific. 63 00:03:35.039 --> 00:03:37.639 Ocean fifty degrees Yeah. 64 00:03:38.439 --> 00:03:40.639 Insane, it's sane. 65 00:03:40.960 --> 00:03:45.080 That's that's why he makes such a wonderful podcast co host, 66 00:03:45.280 --> 00:03:50.000 because he suffered such brain freeze that he says, ridiculous 67 00:03:50.080 --> 00:03:52.159 outrageous things because he's not thinking straight. 68 00:03:52.800 --> 00:03:53.159 Is that it? 69 00:03:53.319 --> 00:03:56.360 Okay? That explains a lot. Either that or he can't 70 00:03:57.039 --> 00:04:03.479 actually he can't process what's going on today without some 71 00:04:03.759 --> 00:04:09.080 sort of lame extension of some analogy that's never app 72 00:04:09.639 --> 00:04:12.400 in the past. Some listeners, by the way, really really 73 00:04:12.639 --> 00:04:15.919 like it. I was yesterday really quickly. I forgot to 74 00:04:16.000 --> 00:04:20.519 tell you this, John, I'm at a talk by the commander, 75 00:04:21.720 --> 00:04:24.199 the guy who the general who was the commander for 76 00:04:24.480 --> 00:04:30.160 four years up until twenty twenty four of Korea in Korea, 77 00:04:30.240 --> 00:04:33.560 and also that thereby the commander of the UN forces 78 00:04:34.279 --> 00:04:40.600 in Korea, and he had a I guess this is 79 00:04:40.680 --> 00:04:46.600 a you know, famous statement from Sun Sun Zou. How 80 00:04:46.639 --> 00:04:51.319 do you say, Sun Sue know your enemy and know yourself, 81 00:04:52.560 --> 00:04:53.879 and Steve knows neither. 82 00:04:56.680 --> 00:04:58.879 Well, if you knew Steve liked you and I do, 83 00:04:59.160 --> 00:05:00.480 you wouldn't want to know there. 84 00:05:03.399 --> 00:05:05.600 He might actually know himself better. But he's way too 85 00:05:05.680 --> 00:05:08.120 kind to his enemies or doesn't. 86 00:05:07.839 --> 00:05:10.800 Know who's true. That's true. He is very nice to 87 00:05:10.879 --> 00:05:11.959 his enemies, that's true. 88 00:05:12.560 --> 00:05:15.480 Not me, not me. I'd make a good intel, sure 89 00:05:18.279 --> 00:05:20.439 I would. All right, let's talk up a little bit 90 00:05:20.439 --> 00:05:25.639 about Los Angeles. I am Angelino. I went to high 91 00:05:25.639 --> 00:05:28.319 school in Los Angeles and lived there for some time. 92 00:05:29.839 --> 00:05:33.360 Some of my family still lives there. So what do 93 00:05:33.439 --> 00:05:39.279 you think about the National Guard being sent into Los Angeles. 94 00:05:39.480 --> 00:05:43.160 Are a good friend Stephen Bryer, Justice, He's still alive, right, 95 00:05:43.360 --> 00:05:44.199 Justice Stephen Bryer. 96 00:05:44.519 --> 00:05:45.079 Justice Bryan. 97 00:05:46.079 --> 00:05:51.079 His brother, the eighty three year old Charles Bryar, issued 98 00:05:51.120 --> 00:05:53.680 a decision saying, oh, you don't have kings. We don't 99 00:05:53.680 --> 00:05:58.199 have kings in this country anyway. Tell us first about 100 00:05:58.519 --> 00:06:04.639 why all the reasons Trump can send troops into Los Angeles, 101 00:06:05.040 --> 00:06:08.360 assuming the conditions are met, what the actual rules are. 102 00:06:08.639 --> 00:06:10.920 Because you are our favorite lawyer, John. 103 00:06:11.480 --> 00:06:14.160 Well, first, I think we should start with the facts 104 00:06:14.160 --> 00:06:15.759 that I think we can all see with our own 105 00:06:15.800 --> 00:06:22.000 eyes from the television feeds. You have people trying to 106 00:06:22.199 --> 00:06:25.000 attack officers of the federal government who are trying to 107 00:06:25.199 --> 00:06:29.399 carry out immigration law. Right They're trying to detain for 108 00:06:29.560 --> 00:06:32.519 removal people who are in the country illegally, and they're 109 00:06:32.560 --> 00:06:36.959 authorized to do that under federal law. Immigration is not 110 00:06:37.160 --> 00:06:40.639 just a core federal function, it's exclusive federal function. States 111 00:06:40.639 --> 00:06:42.959 are not allowed to carry out immigration law. 112 00:06:43.079 --> 00:06:45.800 Courts. I have to stop for a moment and say 113 00:06:45.879 --> 00:06:52.839 that one of John's strong suits is consistency. It's absolute consistency. 114 00:06:53.279 --> 00:06:56.000 Because when I would argue that the states had every 115 00:06:56.120 --> 00:07:01.199 right to practice their own deportetion of illegals and all 116 00:07:01.279 --> 00:07:04.240 of those and you know, try to in different ways 117 00:07:04.399 --> 00:07:07.360 enforce immigration law, John insisted they could not do so. 118 00:07:07.720 --> 00:07:11.439 So go ahead, John, I'm sorry, credit, well. 119 00:07:11.480 --> 00:07:11.920 Just my life. 120 00:07:11.920 --> 00:07:13.480 I don't know if that's the right the best way 121 00:07:13.519 --> 00:07:16.240 to do things, but that's what the Supreme Court has said, 122 00:07:16.639 --> 00:07:19.600 and so but that just makes really clear that what 123 00:07:19.879 --> 00:07:21.360 these officers are doing is. 124 00:07:21.480 --> 00:07:23.639 Carrying out federal law. That's all important. 125 00:07:24.480 --> 00:07:28.240 So you know, we've seen efforts to break into federal buildings, 126 00:07:28.279 --> 00:07:31.120 We've seen efforts protests to stop people from getting in 127 00:07:31.199 --> 00:07:34.839 and out of buildings, and we've seen right cars set 128 00:07:34.920 --> 00:07:37.800 on fire, freeways blocked and so on. 129 00:07:38.040 --> 00:07:39.959 I mean, I just don't think there's any dispute of that. 130 00:07:40.240 --> 00:07:42.720 I mean, people who say this is peaceful or that's 131 00:07:42.800 --> 00:07:45.519 restricted to just a few blocks, Well, then why did 132 00:07:45.519 --> 00:07:48.480 the mayor of Los Angeles impose a curfew? I mean, 133 00:07:49.399 --> 00:07:51.839 and why have hundreds of people been arrested? And why 134 00:07:51.959 --> 00:07:55.079 is the LAPD chief not just officers on the ground. 135 00:07:55.079 --> 00:07:58.759 The LAPD chriefs chiefs say that the LAPD had been overwhelmed. 136 00:08:00.040 --> 00:08:03.319 I organized organized rioters who are trying. 137 00:08:03.439 --> 00:08:05.720 You're not going to get invited to any cocktail parties 138 00:08:05.759 --> 00:08:06.639 anymore after that. 139 00:08:07.959 --> 00:08:10.360 Although there may not be any cocktail parties unless this 140 00:08:10.439 --> 00:08:15.560 guy's around in LA much longer. So, given that kind 141 00:08:15.600 --> 00:08:18.600 of disorder, and we might see all that happen again 142 00:08:18.959 --> 00:08:22.199 this Saturday. I don't you know at the at this 143 00:08:23.079 --> 00:08:25.600 no King's protests, They're going to be occurring all around 144 00:08:25.639 --> 00:08:29.040 the country in hundreds. I looked at the last figures, 145 00:08:29.160 --> 00:08:32.200 hundreds of cities and towns around the country already. Some 146 00:08:32.320 --> 00:08:35.559 of them are turned violent, like in Austin, Texas, where 147 00:08:35.600 --> 00:08:39.000 I spent a lot of time this last year. Given 148 00:08:39.039 --> 00:08:42.559 that kind of disorder, I think the president, any president, 149 00:08:42.679 --> 00:08:43.879 has three grounds. 150 00:08:43.919 --> 00:08:46.039 On which they could call out the troops. 151 00:08:46.480 --> 00:08:50.320 One is just his constitutional authority as president to protect 152 00:08:50.360 --> 00:08:54.080 the federal government, the same power that Abraham Lincoln claimed 153 00:08:54.159 --> 00:08:57.200 at the beginning of the Civil War. Remember he said 154 00:08:58.000 --> 00:08:59.919 that he was protecting at the outside of Civil War, 155 00:09:00.159 --> 00:09:03.200 federal arsenals, federal forts. That's why Fort Sumter is the 156 00:09:03.320 --> 00:09:07.039 last place under federal government protection because Lincoln said he 157 00:09:07.200 --> 00:09:11.200 had the right to protect federal installations and federal personnel. 158 00:09:12.159 --> 00:09:15.399 That is a claim the Supreme Court has recognized in 159 00:09:15.440 --> 00:09:16.480 the late nineteenth century. 160 00:09:16.519 --> 00:09:19.200 There are two cases in Ray Nagel in Ray Debs, 161 00:09:19.600 --> 00:09:20.080 the Debs. 162 00:09:20.080 --> 00:09:23.000 There's Eugene Debs who's arrested by the federal government for 163 00:09:23.480 --> 00:09:28.759 trying to blockade railroads because he was interfering with interstate commerce, 164 00:09:28.840 --> 00:09:31.039 trying to lead a strike against all the roads in 165 00:09:31.120 --> 00:09:34.840 the country basically, and there the Supreme Court reaffirmed this power. 166 00:09:35.120 --> 00:09:38.679 It says in those cases that the president can use force, 167 00:09:39.240 --> 00:09:43.039 even military force, to protect the government and protect its 168 00:09:43.080 --> 00:09:46.600 personnel and going a little farther and to protect them 169 00:09:46.679 --> 00:09:51.159 and carrying out their functions. So that's the core, and 170 00:09:51.200 --> 00:09:53.759 I think that justifies what Trump's done in LA because 171 00:09:54.080 --> 00:09:57.480 the other thing is getting lost in the noise is that, 172 00:09:58.159 --> 00:10:02.159 I'm sorry, is that Trump's order is rather modest. He's 173 00:10:02.279 --> 00:10:05.799 called out the National Guard just to protect federal personnel 174 00:10:06.200 --> 00:10:09.200 and facilities's and he authorizes them to do no more. 175 00:10:09.919 --> 00:10:10.240 He did. 176 00:10:10.519 --> 00:10:14.200 He is on record as saying that he actually blames 177 00:10:14.320 --> 00:10:17.559 himself for not doing so. Earlier during the twenty twenty 178 00:10:17.679 --> 00:10:21.799 riots because they you know, they destroyed an entire federal building. 179 00:10:22.799 --> 00:10:26.279 I forget all the details, but it was a courthouse. 180 00:10:25.879 --> 00:10:26.600 Right, a courthouse. 181 00:10:26.679 --> 00:10:29.759 Yeah, they protesters, right, They set up their own little 182 00:10:29.840 --> 00:10:33.919 sovereignty focused around the Portland Courthouse and wouldn't allow any 183 00:10:33.960 --> 00:10:34.720 police nearby. 184 00:10:35.320 --> 00:10:37.639 Yeah, I mean supposedly he was. He said, I'm not 185 00:10:37.679 --> 00:10:40.720 going to let that happen again, which you know, Yeah, 186 00:10:41.320 --> 00:10:45.080 this nonsense about kings. I mean, I'm really disappointed that 187 00:10:45.159 --> 00:10:49.039 a judge who's been a judge obviously for many many years, 188 00:10:49.120 --> 00:10:51.440 if he's eighty three years old, could ever say something 189 00:10:51.799 --> 00:10:53.519 that manifestly stupid. 190 00:10:54.519 --> 00:10:55.519 Well was it? He said again? 191 00:10:55.720 --> 00:10:58.159 He just said that we don't that this is a 192 00:10:58.279 --> 00:11:01.159 constitutional republic and we don't have kings, and Trump is 193 00:11:01.240 --> 00:11:02.159 behaving like a king. 194 00:11:03.559 --> 00:11:07.240 I usually whenever I hear people say that, I usually, Yeah, 195 00:11:07.360 --> 00:11:09.919 when you hear people throw around this rhetoric, it's usually 196 00:11:10.399 --> 00:11:12.480 a cover for I don't want to think carefully about 197 00:11:12.519 --> 00:11:15.360 executive power, which it's just. 198 00:11:15.360 --> 00:11:19.039 Like, which I get, no, But but you and I 199 00:11:19.120 --> 00:11:21.320 have even talked about the fact that there's some subtleties 200 00:11:21.360 --> 00:11:24.120 about executive power that you don't necessarily want to push 201 00:11:24.240 --> 00:11:27.919 too hard. You know, the whole idea, the Lockean idea 202 00:11:27.919 --> 00:11:31.480 of prerogative, that maybe the president has to even act 203 00:11:31.879 --> 00:11:35.879 against the law if that's what's necessary in an emergency 204 00:11:35.919 --> 00:11:38.720 to save the country, right, I mean, that's but we 205 00:11:38.799 --> 00:11:40.720 don't spend a lot of time talking about that, nor 206 00:11:40.759 --> 00:11:48.200 should we. But when a president engages in activities that 207 00:11:48.240 --> 00:11:52.919 are clearly within his legal and constitutional authority, and just 208 00:11:53.120 --> 00:11:56.200 because you don't like it, a judge should know better 209 00:11:56.279 --> 00:12:01.000 than to call that, you know, reminiscent of a monarch. Sorry, 210 00:12:01.159 --> 00:12:05.440 monarchical behavior and not what we would expect in a democracy. Trademark. 211 00:12:07.320 --> 00:12:09.759 Well, it's also there's a lot of lazy thinking there, 212 00:12:09.840 --> 00:12:13.240 because yes, we did rebel against a monarch, but we 213 00:12:13.320 --> 00:12:17.039 didn't rebel against executive power. And you know, people who 214 00:12:17.159 --> 00:12:21.039 follow the revolution and the constitution see that the revolution 215 00:12:21.360 --> 00:12:23.279 was thought to have gone too far in some ways, 216 00:12:23.799 --> 00:12:27.360 and the revolutionary state constitutions were quite weak, the Articles 217 00:12:27.399 --> 00:12:31.840 of Confederation were quite weak, and our founders actually purposefully 218 00:12:32.080 --> 00:12:36.279 established a vigorous executive to correct the mistakes of going 219 00:12:36.360 --> 00:12:36.879 too far. 220 00:12:37.399 --> 00:12:42.000 Many of those mistakes being that the legislature in the 221 00:12:42.080 --> 00:12:44.840 case overall, that the legislatures were too powerful in the 222 00:12:44.919 --> 00:12:47.960 case of the Articles of Confederation, the whole federal government 223 00:12:48.039 --> 00:12:50.279 had no power whatsoever and couldn't do what it needed 224 00:12:50.320 --> 00:12:50.480 to do. 225 00:12:51.799 --> 00:12:54.840 And what insight the founders had I think in this 226 00:12:55.000 --> 00:12:58.519 really explored in Hamilton's contributions to the Federals Papers, is 227 00:12:58.559 --> 00:13:02.399 that there's some things legislatures can't do that large multi 228 00:13:02.519 --> 00:13:04.879 member bodies like Congress can't do. 229 00:13:05.279 --> 00:13:06.320 And we're living through. 230 00:13:06.440 --> 00:13:09.720 One of the prime examples is you can't five hundred 231 00:13:09.720 --> 00:13:13.279 and thirty five people can't respond quickly to emergencies. They 232 00:13:13.399 --> 00:13:16.679 can't respond quickly to threats against. 233 00:13:16.440 --> 00:13:19.759 Public safety, public health. That that's why you have a 234 00:13:19.919 --> 00:13:21.320 singular person in charge of. 235 00:13:21.320 --> 00:13:27.240 The energy branch, secrecy dispatch. And there's one more I forget, 236 00:13:27.720 --> 00:13:32.360 but yeah, the point is is that that's, as Hamilton 237 00:13:32.440 --> 00:13:35.840 puts it, it's the very definition energy in the executive 238 00:13:35.960 --> 00:13:38.519 is the very definition of good government. Right. 239 00:13:38.919 --> 00:13:39.200 And so. 240 00:13:40.679 --> 00:13:44.279 Here's the thing. As long as people can look at 241 00:13:44.320 --> 00:13:49.120 Trump and say it's Trump's fault, they can hold him accountable. 242 00:13:49.320 --> 00:13:52.519 They can know who it is it did what, and well, 243 00:13:52.759 --> 00:13:55.759 assuming he won't be running again, but perhaps hold his 244 00:13:56.799 --> 00:13:59.919 current vice president, maybe the nominee accountable. That's how the 245 00:14:00.080 --> 00:14:03.559 systems supposed to work. You can't do that if you 246 00:14:03.759 --> 00:14:07.759 have power dispersed, so you don't know who's responsible. And 247 00:14:07.879 --> 00:14:12.120 that's that's Hamilton's whole argument, and we have means to 248 00:14:12.240 --> 00:14:12.759 correct him. 249 00:14:13.840 --> 00:14:16.279 Yeah. No, I mean, the thing is that you're quite right. 250 00:14:16.320 --> 00:14:16.960 I mean, this is not. 251 00:14:18.919 --> 00:14:22.039 What these officers are doing is carrying out a more 252 00:14:22.159 --> 00:14:26.159 vigorous immigration agenda, and that is probably the top thing 253 00:14:26.360 --> 00:14:29.759 on the twenty twenty four election agenda. I mean, Trump 254 00:14:29.879 --> 00:14:31.360 was very care about what he was going to do, 255 00:14:32.159 --> 00:14:34.320 but he made promises about he was do and I 256 00:14:34.440 --> 00:14:35.919 was carrying them out. 257 00:14:36.159 --> 00:14:39.440 And the proper means of opposition is not to try 258 00:14:39.480 --> 00:14:42.559 to prevent federal officers from doing their legal duty. No 259 00:14:42.600 --> 00:14:44.159 one is claiming here that these. 260 00:14:44.080 --> 00:14:47.399 Federal officers are actually, you know, detaining people who are 261 00:14:47.519 --> 00:14:48.200 here legally. 262 00:14:48.639 --> 00:14:50.039 They're not detaining citizens. 263 00:14:51.360 --> 00:14:53.879 The normal way is you go to your member of Congress, right, 264 00:14:53.919 --> 00:14:55.799 you go to your state governors, you use the national 265 00:14:55.840 --> 00:14:59.200 political process, or as you said, Lucretia, you could impeach 266 00:14:59.600 --> 00:15:02.120 Trump if you actually thought he was doing something illegal, or. 267 00:15:02.159 --> 00:15:03.720 You go and win the next election. 268 00:15:03.879 --> 00:15:07.679 That's I mean, that's the founder's answers for policy disagree 269 00:15:07.720 --> 00:15:10.159 with not defy the authority of the federal government. 270 00:15:10.399 --> 00:15:12.720 I mean, but that's what we're seeing in our cities now. 271 00:15:13.279 --> 00:15:18.879 Well, and remember Lincoln's Lincoln's justification for was it? It 272 00:15:19.080 --> 00:15:21.279 might have been for the suspension of habeas corpus. I 273 00:15:21.360 --> 00:15:24.639 forget which which law he was accused of breaking, which 274 00:15:24.720 --> 00:15:27.720 constitutional revision? He says, Look, you know, four short years, 275 00:15:27.879 --> 00:15:31.720 not that much bad can happen. Now, we've seen things 276 00:15:31.759 --> 00:15:33.960 move a little faster these days, right, But that was 277 00:15:34.360 --> 00:15:38.200 non hold me accountable and get rid of me, if 278 00:15:38.240 --> 00:15:40.200 that's what you want to do. He didn't mention impeachment, 279 00:15:40.279 --> 00:15:43.480 but you know that's underlying. It's just it makes the 280 00:15:43.559 --> 00:15:47.639 whole No Kings is as much a gas lighting operation 281 00:15:47.840 --> 00:15:50.919 to me as the as the Biden is. Biden's as 282 00:15:51.039 --> 00:15:53.519 fit as he ever was, you know that. 283 00:15:54.360 --> 00:15:57.799 Or let's cancel four hundred billion dollars in student loans, 284 00:15:59.120 --> 00:16:02.240 all right, let's make it ever get nationwide vaccine mandate. 285 00:16:02.279 --> 00:16:04.440 I mean, these are you didn't hear these same people, 286 00:16:04.679 --> 00:16:08.559 these same judges blocking him or saying there's no Kings. 287 00:16:09.279 --> 00:16:11.799 So I'm just gonna you know this, No King's rhetoric 288 00:16:11.919 --> 00:16:13.879 just doesn't give the judiciary to say, I'm just say 289 00:16:13.960 --> 00:16:15.679 no to anything a president wants to do. You have 290 00:16:15.759 --> 00:16:18.600 to look carefully at the as you said, lucretia. 291 00:16:18.360 --> 00:16:18.840 The authority. 292 00:16:19.080 --> 00:16:22.679 See what he what authority president has or not. Oh, 293 00:16:22.919 --> 00:16:25.440 just to return to two other things, the two other 294 00:16:25.519 --> 00:16:29.399 forms of authority. One is what's called the military people 295 00:16:29.440 --> 00:16:32.360 called Title ten authority. Title ten is just where the 296 00:16:32.639 --> 00:16:36.799 statutes that regulate the military are located in the US codes. 297 00:16:36.799 --> 00:16:40.679 If you go into yeah, I tell yeah. Title fifty 298 00:16:40.799 --> 00:16:43.320 is sort of the military national security powers of that 299 00:16:43.559 --> 00:16:45.440 Army and Navy and Marines and air Force. 300 00:16:46.039 --> 00:16:49.279 So Title ten says the president is allowed to call 301 00:16:49.440 --> 00:16:53.600 up the national Guard in three circumstances, and the media 302 00:16:53.759 --> 00:16:56.519 seems to think there's only two because the first two 303 00:16:56.639 --> 00:16:58.519 are circumstance of invasion. 304 00:16:59.080 --> 00:17:02.720 Second is rebellion. Now we can have argument about whether 305 00:17:02.960 --> 00:17:03.240 this is. 306 00:17:03.320 --> 00:17:08.799 Evasion or rebellion, but circumstance three is obviously involved. 307 00:17:08.839 --> 00:17:09.000 Here. 308 00:17:10.599 --> 00:17:14.119 Number three is the president finds that he is unable 309 00:17:14.359 --> 00:17:17.799 to carry out federal law. And you see it on 310 00:17:17.839 --> 00:17:19.880 the streets of LA You're seeing it in the streets 311 00:17:19.920 --> 00:17:23.599 of other cities. You have people trying to stop officers 312 00:17:23.599 --> 00:17:27.359 of the federal government from carrying out legal, legitimate immigration 313 00:17:27.559 --> 00:17:31.920 law that itself, I think is sufficient grounds for President 314 00:17:31.960 --> 00:17:36.079 Trump to call out the National Guard. Just a side note, 315 00:17:36.279 --> 00:17:40.440 and we'll talk about Judge Brier's opinion. He claims that 316 00:17:40.680 --> 00:17:46.440 those orders essentially have to be confirmed by the governor 317 00:17:46.480 --> 00:17:48.680 of the state. I think that's a complete misreading of 318 00:17:48.720 --> 00:17:52.400 the statute. The statute says the orders go through the governor, 319 00:17:53.000 --> 00:17:55.559 but the governor has no veto. In fact, the Supreme 320 00:17:55.640 --> 00:17:57.960 Court decided this, and we'll talk about this later too, 321 00:17:58.000 --> 00:18:00.440 but there's actually a Supreme Court case which which Briar 322 00:18:00.519 --> 00:18:04.559 did not mention, that talks exactly about this issue about 323 00:18:04.559 --> 00:18:07.440 whether a governor can veto what's done with the National Guard. 324 00:18:07.480 --> 00:18:09.920 I'm astounded that he missed this case. I mean, he 325 00:18:10.039 --> 00:18:12.000 was at the Supreme Court and it was unanimous. 326 00:18:12.640 --> 00:18:15.160 Well, because think about it, logically, if it gets to 327 00:18:15.279 --> 00:18:20.119 the point where the president has to nationalize the National 328 00:18:20.200 --> 00:18:28.279 Guard for some reason, because for instance, other Republican governors 329 00:18:28.400 --> 00:18:32.400 are prepared to or have already called up their National 330 00:18:32.440 --> 00:18:34.880 Guard in their states to help about with these protests. 331 00:18:35.440 --> 00:18:39.119 If you have a situation, say with these protests, or 332 00:18:39.240 --> 00:18:42.440 say you're talking about back during the de segregation orders, 333 00:18:43.519 --> 00:18:46.279 it was not. It did not go through the governor 334 00:18:46.359 --> 00:18:48.680 because the governor would have stopped the National Guard. 335 00:18:48.960 --> 00:18:50.200 The governor was an opposition. 336 00:18:50.359 --> 00:18:53.640 Yes, yes, and I don't see that showing up in 337 00:18:53.720 --> 00:18:54.640 Briar's case either. 338 00:18:55.799 --> 00:19:00.240 No, he doesn't really mention the most prominent example of 339 00:19:00.319 --> 00:19:03.000 the uses of these powers, which was right the most 340 00:19:03.039 --> 00:19:06.759 recent obvies was there desegregation and to protect civil rights protesters. 341 00:19:08.039 --> 00:19:10.960 But I think the way you put it, the media 342 00:19:11.079 --> 00:19:13.599 is ignoring this because it doesn't fit. Oh, I'm sorry, 343 00:19:13.640 --> 00:19:15.680 I'm gonna say it's a narrative. They want to make 344 00:19:15.759 --> 00:19:19.319 this narrative not about they're doing anything they can to 345 00:19:19.400 --> 00:19:25.720 make it not about removing criminal aliens. Now it's a 346 00:19:25.759 --> 00:19:27.640 difficult thing. Let me stop there for a second. A 347 00:19:27.720 --> 00:19:31.119 criminal alien, an illegal alien is by definition of criminal 348 00:19:32.279 --> 00:19:38.440 but law. Yes, to Trump's credit and you know, Homan's 349 00:19:38.480 --> 00:19:41.640 credit and so on, they really are going in most 350 00:19:41.759 --> 00:19:44.680 cases that I understand, first after the worst of the criminals, 351 00:19:46.359 --> 00:19:52.599 and you know that, so as long as that keeps happening, 352 00:19:54.200 --> 00:19:57.000 Trump wins on that issue. And then when you have 353 00:19:58.400 --> 00:20:02.799 rioters out there engage in violence and waving Mexican flags, 354 00:20:03.240 --> 00:20:06.319 the best other argument they have besides Trump is a 355 00:20:06.440 --> 00:20:09.720 dictator or a king? Is that this is stolen land? 356 00:20:11.440 --> 00:20:16.359 You know, yeah, California, that Los Angeles where I live 357 00:20:16.440 --> 00:20:22.680 in California. It was the Mexicans were tricked into allowing 358 00:20:23.000 --> 00:20:26.160 the United States to buy their territory. And so there 359 00:20:26.240 --> 00:20:26.839 wasn't a trick. 360 00:20:26.880 --> 00:20:28.240 There was a war and we took it. 361 00:20:28.920 --> 00:20:30.799 There was a war, but then there wasn't. 362 00:20:31.240 --> 00:20:34.240 Yeah, and there was a treaty, the Treaty of Guadalupe Hidalgo. 363 00:20:34.319 --> 00:20:36.920 I mean it's it's like it just the United States 364 00:20:37.079 --> 00:20:38.200 took it farre and square. 365 00:20:38.720 --> 00:20:41.480 But no, they didn't because because nobody can do that 366 00:20:41.759 --> 00:20:44.559 because it's the ancestral land of these people, just like 367 00:20:44.720 --> 00:20:48.160 you can't Berkeley can give all the land acknowledgments at once, 368 00:20:48.240 --> 00:20:50.440 but that land still belongs to somebody. I don't know 369 00:20:50.480 --> 00:20:52.359 who it is. Do you guys have are you on 370 00:20:52.480 --> 00:20:53.079 Indian land? 371 00:20:53.240 --> 00:20:53.440 Yeah? 372 00:20:53.519 --> 00:20:56.720 I actually refuse to give these land acknowledgements with something 373 00:20:56.759 --> 00:20:58.839 called the Aloney tribe, I believe. 374 00:20:59.079 --> 00:21:03.000 Okay, ours is the ta Honah Autumn. But I mean, 375 00:21:03.079 --> 00:21:06.960 so those are the lame kind of arguments that democrats have. 376 00:21:07.720 --> 00:21:09.440 And then you know they were trying to make a 377 00:21:09.480 --> 00:21:14.680 whole big deal about your stupid, dumb senator Alex Padilla. 378 00:21:15.880 --> 00:21:18.079 Who oh yeah, what do you think about that, Lucretia. 379 00:21:18.599 --> 00:21:22.079 As a former senate aide, I did feel some you know, 380 00:21:22.160 --> 00:21:25.680 I felt some unhappiness at seeing a senator manhandled. 381 00:21:25.759 --> 00:21:26.200 Now there's some. 382 00:21:26.279 --> 00:21:28.119 Senator as well. I would have liked to have seen 383 00:21:28.480 --> 00:21:30.880 treated that way. But as a body as a whole, 384 00:21:31.440 --> 00:21:34.240 do you think that they went too far in restraining 385 00:21:34.400 --> 00:21:37.319 Senator Padilla and uh arrest doesn't. 386 00:21:38.079 --> 00:21:40.480 Yeah, I don't. And it's not just because they didn't 387 00:21:40.559 --> 00:21:43.759 really know who he was until you know, he didn't 388 00:21:43.839 --> 00:21:47.799 have security badge on, you know, all those other things. Okay, 389 00:21:47.960 --> 00:21:51.319 then he told them and they still handcapped, handcuffed him. 390 00:21:51.359 --> 00:21:56.119 But being a senator, I'm too much of a small 391 00:21:56.200 --> 00:21:58.559 d democrat on these things. I don't give a damn. 392 00:21:58.559 --> 00:22:00.400 If you're a senator, I don't give a damn. If 393 00:22:00.400 --> 00:22:04.680 you're any supposed vaunted thing, you get treated just like 394 00:22:04.799 --> 00:22:08.440 anybody else would. It comes into a press conference and 395 00:22:08.519 --> 00:22:11.519 acts like a jerk. I mean, I don't think a senator, 396 00:22:11.640 --> 00:22:14.400 being a senator entitles you to act like a jerk. 397 00:22:15.880 --> 00:22:19.119 And actually, you know, uh threatened. 398 00:22:18.799 --> 00:22:21.359 This was a stunt. I mean, it was an obvious stunt. 399 00:22:22.200 --> 00:22:25.640 Yeah, maybe they didn't know that he wasn't. 400 00:22:25.480 --> 00:22:27.200 No, not just that makes it worse, That makes it 401 00:22:27.240 --> 00:22:29.440