1 00:00:04,879 --> 00:00:07,160 Speaker 1: What's going on? Thank you so much for listening to 2 00:00:07,200 --> 00:00:09,640 this podcast. It is heard live every day from noon 3 00:00:09,679 --> 00:00:12,480 to three on WBT Radio in Charlotte. And if you 4 00:00:12,560 --> 00:00:16,719 want exclusive content like invitations to events, the weekly live stream, 5 00:00:16,760 --> 00:00:19,239 my daily show prep with all the links, become a patron, 6 00:00:19,320 --> 00:00:22,640 go to vpeteclendershow dot com. Make sure you hit the 7 00:00:22,640 --> 00:00:25,160 subscribe button. Get every episode for free right to your 8 00:00:25,160 --> 00:00:27,719 smartphone or tablet. And again, thank you so much for 9 00:00:27,760 --> 00:00:33,560 your support. Mark Sherman reporting for the Associated Press that 10 00:00:33,640 --> 00:00:38,479 the Supreme Court allowed the Trump administration to use the 11 00:00:38,600 --> 00:00:45,359 eighteenth century wartime law, the Alien Enemies Act, to deport 12 00:00:45,479 --> 00:00:50,000 Venezuelan migrants, but said they must get a court hearing 13 00:00:50,320 --> 00:00:54,320 before they are taken from the United States. Right. That 14 00:00:54,479 --> 00:00:58,079 was on what Monday. That ruling came down in a 15 00:00:58,280 --> 00:01:01,119 bitterly divided decision, because that's one of the things. Also, 16 00:01:01,119 --> 00:01:04,840 whenever there is a there's a divided decision, split decision 17 00:01:04,879 --> 00:01:08,480 on the court, it's always bitterly divided. You never hear 18 00:01:09,760 --> 00:01:14,519 any other divide except the bitter ones. I don't know 19 00:01:14,599 --> 00:01:17,319 how they judge the bitterness skip Maybe there is a scale. 20 00:01:17,400 --> 00:01:20,280 I don't know, like the hotness scale, you know, for 21 00:01:20,319 --> 00:01:24,840 hot peppers whatever. But all divisions are bitter, okay, So 22 00:01:24,879 --> 00:01:27,280 it's a bitterly divided decision. The court said that the 23 00:01:27,319 --> 00:01:31,840 administration must give Venezuelans who claim who the government claims 24 00:01:31,879 --> 00:01:35,200 are gang members quote reasonable time to go to court, 25 00:01:36,159 --> 00:01:39,560 but the conservative majority said the legal challenges must take 26 00:01:39,560 --> 00:01:43,879 place in Texas instead of a Washington court room. The 27 00:01:43,920 --> 00:01:49,280 court's actions appear to bar the administration from immediately resuming 28 00:01:49,280 --> 00:01:53,359 the flights that last month carried hundreds of migrants to 29 00:01:53,439 --> 00:01:59,799 a notorious prison in El Salvador, notorious prison. The flights 30 00:02:00,159 --> 00:02:03,799 came soon after President Donald Trump invoked the Alien Enemies 31 00:02:03,799 --> 00:02:05,920 Act for the first time since World War II to 32 00:02:06,159 --> 00:02:10,560 justify the deportations under a presidential proclamation calling the Trende 33 00:02:10,639 --> 00:02:15,520 Aragua gang an invading force. Trendy Aragua. By the way, 34 00:02:15,599 --> 00:02:18,759 not to be confused with that guy that's been swimming 35 00:02:19,080 --> 00:02:23,199 against the women in the college. That's a that's Trenda Agua. 36 00:02:23,240 --> 00:02:27,960 It's different. That's a whole different thing. The majority said 37 00:02:28,000 --> 00:02:31,599 nothing about those flights, which took off without providing the 38 00:02:31,639 --> 00:02:37,000 hearing that the justices now say is necessary. In the dissent, 39 00:02:37,599 --> 00:02:41,080 the three liberal justices said that the administration has sought 40 00:02:41,120 --> 00:02:44,159 to avoid judicial review in the case, and the court 41 00:02:44,360 --> 00:02:48,639 quote now rewards the government for its behavior. Justice Amy 42 00:02:48,680 --> 00:02:55,960 Coney Barrett, one of Trump's appointments. The conservative appointment joined portions, 43 00:02:56,000 --> 00:03:01,199 not the entire but portions of the descent case, the 44 00:03:01,240 --> 00:03:05,960 Associated Press reports, has become a flash point amid escalating 45 00:03:06,080 --> 00:03:10,240 tension between the White House and the federal courts. It's 46 00:03:10,280 --> 00:03:11,759 the second time in less than a week that a 47 00:03:11,800 --> 00:03:15,360 majority of conservative justices has handed Trump at least a 48 00:03:15,400 --> 00:03:19,360 partial victory in an emergency appeal after lower courts had 49 00:03:19,360 --> 00:03:22,879 blocked parts of his agenda. Several other cases are pending, 50 00:03:23,159 --> 00:03:27,120 including over Trump's plan to deny citizenship to US born 51 00:03:27,199 --> 00:03:29,879 children of parents who were in the country illegally. The 52 00:03:30,000 --> 00:03:34,400 quote birthright citizenship the anchor baby issue. Trump praised the 53 00:03:34,439 --> 00:03:39,319 court for its actions. The original order blocking the deportations 54 00:03:39,319 --> 00:03:45,560 to El Salvador was issued by US District Judge James E. Boasberg. 55 00:03:46,360 --> 00:03:48,719 I think is how he pronounces that, the chief judge 56 00:03:49,159 --> 00:03:54,280 at the Federal courthouse in DC. The ACLU attorney Lee 57 00:03:54,719 --> 00:03:59,639 Gellert said the critical point of the ruling was that 58 00:04:00,080 --> 00:04:04,159 people must be allowed due process to challenge their removal. Quote, 59 00:04:04,360 --> 00:04:07,599 that is an important victory, Okay, So it's a little 60 00:04:07,639 --> 00:04:09,919 bit for all sides, right, A little bit for you 61 00:04:10,000 --> 00:04:12,120 and a little bit for you, and everybody's a little 62 00:04:12,159 --> 00:04:16,160 bit happy, a little bit said whatever. Bosburg imposed a 63 00:04:16,439 --> 00:04:20,959 temporary halt on deportations and also ordered planeloads of Venezuelan 64 00:04:21,000 --> 00:04:23,560 immigrants to return to the US, but that did not happen. 65 00:04:24,160 --> 00:04:27,040 The judge held a hearing last week over whether the 66 00:04:27,079 --> 00:04:30,360 government defied his order to turn the planes around. The 67 00:04:30,399 --> 00:04:35,120 administration has invoked a state secrets privilege, refusing to give 68 00:04:35,160 --> 00:04:39,639 bo Asberg any additional information about the deportations. Right, So 69 00:04:39,720 --> 00:04:47,279 that was Monday. Next, what is the fallout? Right? Because 70 00:04:47,319 --> 00:04:51,000 the Supreme Court made its ruling, and now we're getting 71 00:04:52,120 --> 00:04:58,120 the fallout. So the federal judges, two of them, one 72 00:04:58,199 --> 00:05:03,759 in Texas and one in using the order that came 73 00:05:03,800 --> 00:05:10,480 down from the Supreme Court, they in challenges to deportations 74 00:05:10,560 --> 00:05:17,240 of alleged Trende Aragua organized crime members. They issued stays 75 00:05:18,519 --> 00:05:22,399 against the deportations. Again, a judge in Texas, one in 76 00:05:22,439 --> 00:05:29,680 California independently stayed the deportations. Said you can't you can't 77 00:05:29,720 --> 00:05:32,839 do it looking at the Supreme Court ruling. You can't 78 00:05:32,839 --> 00:05:40,480 deport these people because the Supreme Court says they have 79 00:05:40,519 --> 00:05:44,319 to have due process, and that's always been that's always 80 00:05:44,360 --> 00:05:47,879 been even for conservatives. People who want the deportations want 81 00:05:47,920 --> 00:05:51,079 to you know, want this. You know, this mass program 82 00:05:51,160 --> 00:05:58,680 implemented the deportations of people identified as criminal gang members 83 00:05:59,519 --> 00:06:03,720 by the guver ver. That has raised concerns because simply 84 00:06:03,759 --> 00:06:09,040 because the government says it doesn't make it so right. 85 00:06:09,079 --> 00:06:12,879 They could scoop up people who are not Trende Ragua, 86 00:06:12,920 --> 00:06:15,839 who are not MS thirteen or whatever and put them 87 00:06:15,839 --> 00:06:18,360 on a plane and send them to another country, and 88 00:06:19,160 --> 00:06:22,600 they were not gang members, so they get to challenge 89 00:06:22,600 --> 00:06:27,120 the deportation. A federal judge in Manhattan on Wednesday temporarily 90 00:06:27,120 --> 00:06:32,240 blocked the deportation of any purported Venezuelan gang member detained 91 00:06:32,240 --> 00:06:35,079 in the Southern District of New York without them first 92 00:06:35,120 --> 00:06:38,759 receiving notice and an opportunity for a hearing. This is 93 00:06:38,759 --> 00:06:45,120 in Manhattan. US District Judge Alvin Hellerstein suggested his decision 94 00:06:45,240 --> 00:06:48,040 was meant to define the parameters that were set by 95 00:06:48,040 --> 00:06:56,319 the Supreme Court. That involves two detainees who just got 96 00:06:56,360 --> 00:07:00,000 sent back to New York after being held in Texas. 97 00:07:01,120 --> 00:07:06,399 That's where a separate judge in Texas followed suit shortly afterwards. 98 00:07:06,800 --> 00:07:09,639 And this one may be more problematic for the Trump administration. 99 00:07:12,279 --> 00:07:16,920 This case involves, well, the US District Judge Fernando Rodriguez Junior, 100 00:07:16,959 --> 00:07:21,759 who is a Trump appointment. Okay, he issued a tro 101 00:07:21,920 --> 00:07:27,000 a temporary restraining order that prevents the administration from removing 102 00:07:27,040 --> 00:07:31,879 those migrants subject to President Trump's proclamation invoking the wartime 103 00:07:31,959 --> 00:07:35,680 law from a detention facility in Texas. According to ABC News, 104 00:07:35,720 --> 00:07:38,959 his order will remain in place through April twenty third, 105 00:07:39,360 --> 00:07:42,519 or until he issues a subsequent order, and a hearing 106 00:07:42,560 --> 00:07:47,240 has been scheduled for tomorrow. All right, So what's going on? 107 00:07:47,439 --> 00:07:52,839 Are these judges? Have they gone rogue? Ed Morrissey, writing 108 00:07:52,879 --> 00:07:59,399 at hotair dot Com, says that the Supreme Court ruling 109 00:08:01,399 --> 00:08:07,480 from what Monday punted entirely on the Alien Enemies Act. 110 00:08:07,879 --> 00:08:12,439 It only reversed Judge James Boseberg's tro the temporary restraining 111 00:08:12,439 --> 00:08:16,800 owner on the basis of venue or jurisdiction. That's what 112 00:08:16,879 --> 00:08:21,480 they used to make their ruling. They did not settle 113 00:08:21,519 --> 00:08:26,600 anything regarding the Alien Enemies Act. It also emphasized that 114 00:08:27,120 --> 00:08:32,600 even the Alien Enemies Act, detainees have the right to 115 00:08:32,639 --> 00:08:37,240 a habeas hearing habeas corpus a hebeus hearing, a point 116 00:08:37,240 --> 00:08:41,679 which the Trump administration actually conceded they agreed to in 117 00:08:41,720 --> 00:08:49,279 the appeals process. So both judges now issued their own 118 00:08:49,960 --> 00:08:54,919 halts on deportations to allow for a period of time 119 00:08:55,080 --> 00:09:01,240 so these plaintiffs or these illegals can file petitions with 120 00:09:01,360 --> 00:09:04,840 the court so they get their due process. Rather than 121 00:09:04,919 --> 00:09:10,639 adopt Judge Bosburg's national injunction approach, both judges limited the 122 00:09:10,720 --> 00:09:15,519 jurisdiction of their rulings just to their district, although both 123 00:09:16,240 --> 00:09:21,759 also and joined the government from moving detainees in their 124 00:09:21,840 --> 00:09:25,360 jurisdictions to others, So in other words, they stopped the 125 00:09:25,360 --> 00:09:27,960 government so they didn't want they didn't want the administration 126 00:09:28,000 --> 00:09:31,000 to come in. Like if I'm the judge in Texas 127 00:09:31,000 --> 00:09:33,840 and I'm like, Okay, this guy has to have some 128 00:09:34,000 --> 00:09:37,159 time so he can file his petition, and that's going 129 00:09:37,200 --> 00:09:39,279 to apply. This my ruling is going to apply to 130 00:09:39,320 --> 00:09:42,720 everybody in my jurisdiction. Because that's what got them booted 131 00:09:43,159 --> 00:09:45,639 from the Supreme Court when the when Bosberg tried to 132 00:09:45,639 --> 00:09:48,000 make it apply across the country. It was a jurisdiction matter. 133 00:09:48,399 --> 00:09:50,159 So now he's like, all right, we're focused only on 134 00:09:50,200 --> 00:09:53,919 my jurisdiction, and I don't want the government coming in 135 00:09:54,000 --> 00:09:58,519 and moving detainees out of this jurisdiction, sending him someplace 136 00:09:58,559 --> 00:10:01,039 else where. They don't have this kind of a ruling yet. 137 00:10:02,840 --> 00:10:05,799 So look, make no mistake about it. This is going 138 00:10:05,840 --> 00:10:09,480 to slow the whole process down. It is. Everyone's got 139 00:10:09,519 --> 00:10:11,840 to get their due process, everyone's got to be able 140 00:10:11,840 --> 00:10:14,559 to file their petitions. Government's got to provide some sort 141 00:10:14,600 --> 00:10:17,360 of evidence that these guys were you know, these individuals 142 00:10:17,399 --> 00:10:20,879 on an individual basis, We're MS thirteen were trende Aragua 143 00:10:21,320 --> 00:10:24,120 not trandey Agua different. All right, if you're listening to 144 00:10:24,159 --> 00:10:25,679 this show, you know I try to keep up with 145 00:10:25,679 --> 00:10:27,799 all sorts of current events, and I know you do too, 146 00:10:28,000 --> 00:10:30,440 And you've probably heard me say get your news from 147 00:10:30,600 --> 00:10:35,159 multiple sources. Why Well, because it's how you detect media bias, 148 00:10:35,200 --> 00:10:37,759 which is why I've been so impressed with ground News. 149 00:10:38,159 --> 00:10:41,559 It's an app and it's a website, and it combines 150 00:10:41,639 --> 00:10:43,639 news from around the world in one place, so you 151 00:10:43,679 --> 00:10:47,080 can compare coverage and verify information. You could check it 152 00:10:47,080 --> 00:10:51,639 out at check dot ground, dot news slash pete. I 153 00:10:51,679 --> 00:10:54,559 put the link in the podcast description too. I started 154 00:10:54,639 --> 00:10:57,320 using ground News a few months ago and more recently 155 00:10:57,519 --> 00:10:59,480 chose to work with them as an affiliate because it 156 00:10:59,519 --> 00:11:03,399 lets me see clearly how stories get covered and by whom. 157 00:11:03,679 --> 00:11:06,639 The blind spot feature shows you which stories get ignored 158 00:11:06,679 --> 00:11:09,600 by the left and the right. 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Reading from a piece by Ed Morrissey at 165 00:11:30,000 --> 00:11:35,039 hotair dot com regarding the deportations and now the impact 166 00:11:35,080 --> 00:11:41,480 of the Supreme Court ruling these The ruling will force 167 00:11:41,559 --> 00:11:46,840 the government to present evidence of trende ar agua activity 168 00:11:47,440 --> 00:11:51,039 for every defendant that they are trying to deport under 169 00:11:51,720 --> 00:11:55,840 those charges. Right, you can't just say they're TDA throw 170 00:11:55,879 --> 00:11:57,679 them on a plane and take them away. That's what 171 00:11:58,159 --> 00:12:00,279 they're now being forced to run them through. And I 172 00:12:00,320 --> 00:12:03,039 know what you're thinking, if they're here illegally, Why are 173 00:12:03,120 --> 00:12:07,559 you even like, why does this even matter? That will 174 00:12:07,600 --> 00:12:10,039 not be the sole point of challenge for these dt 175 00:12:10,120 --> 00:12:13,360 andes during the proceedings either in both of the courts. 176 00:12:13,919 --> 00:12:17,080 The federal courts could well decide that the Alien and 177 00:12:17,360 --> 00:12:22,720 the Alien Enemies Act cannot apply during peacetime. Even under 178 00:12:22,759 --> 00:12:27,960 Trump's declaration that the TDA made a planned hostile incursion 179 00:12:28,519 --> 00:12:33,120 in concert with the hostile regime of Nicholas Maduro in Venezuela, 180 00:12:33,759 --> 00:12:40,519 the Supreme Court explicitly stepped around the AEA application, leaving 181 00:12:40,559 --> 00:12:44,240 that to the district courts to decide. So once again, 182 00:12:44,679 --> 00:12:46,840 and this has been the case as far as I've 183 00:12:46,879 --> 00:12:48,720 been or as long as I've been following the US 184 00:12:48,759 --> 00:12:52,480 Supreme Court, they never miss an opportunity to punt on stuff, 185 00:12:53,480 --> 00:12:56,600 and it creates a lot of these problems and these 186 00:12:56,720 --> 00:12:59,960 rulings they just punt away. They're like, Oh, there's this real, 187 00:13:00,000 --> 00:13:03,840 the important question that the case is looking to solve, 188 00:13:03,960 --> 00:13:09,480 and then they find some like tangential issue and they 189 00:13:09,480 --> 00:13:13,559 make that the ruling and they ignore the bigger part. 190 00:13:14,679 --> 00:13:18,399 And that can have different impacts. But that's like, that's 191 00:13:18,440 --> 00:13:23,279 why we didn't get a second Amendment. Directive basically, like 192 00:13:23,480 --> 00:13:28,919 does the Second Amendment allow you the right to bear arms? Like? 193 00:13:29,480 --> 00:13:32,399 Something is as simple as that. It took the Heller case. 194 00:13:32,440 --> 00:13:35,559 How long? Right? And how many court cases have there been? 195 00:13:35,639 --> 00:13:38,000 There been a bunch of them, but the US Supreme 196 00:13:38,039 --> 00:13:44,360 Court constantly punted away on the issue. This is what 197 00:13:44,399 --> 00:13:47,320 the Alien Enemies Act says. I've gone over this before, 198 00:13:47,679 --> 00:13:49,440 but let me just state it again real quick. The 199 00:13:49,440 --> 00:13:52,159 first part of it says, whenever there is a declared 200 00:13:52,200 --> 00:13:55,159 war between the United States and any foreign nation or 201 00:13:55,200 --> 00:14:01,440 government COMMA, or any invasion or predatory incursion is perpetrated comma, attempted, 202 00:14:01,519 --> 00:14:04,879 comma or threatened against the territory of the United States 203 00:14:05,279 --> 00:14:09,440 by any foreign nation or government, and the President makes 204 00:14:09,440 --> 00:14:14,559 public proclamation of the event, then you can deport. And 205 00:14:14,639 --> 00:14:20,919 so the discrepancy here is in the way it's written. 206 00:14:20,919 --> 00:14:22,639 And as I said the last time I went over this, 207 00:14:22,960 --> 00:14:27,679 it's in the commas because the way I read this 208 00:14:28,759 --> 00:14:30,919 it says, whenever there is a declared war between the 209 00:14:31,000 --> 00:14:36,039 US and any foreign nation or government COMMA, or any 210 00:14:36,080 --> 00:14:40,639 invasion or predatory incursion is perpetrated by any foreign nation 211 00:14:40,799 --> 00:14:46,720 or government. Okay, it still requires a foreign nation or government. 212 00:14:47,200 --> 00:14:53,799 So like making the connection between TDA and the Venezuelan government. 213 00:14:54,240 --> 00:14:58,039 That's the key, right, that's the key. And so all 214 00:14:58,080 --> 00:15:00,360 the government has, our government has to do in these 215 00:15:00,399 --> 00:15:04,519 proceedings is to say, here's our evidence of the connection, 216 00:15:04,919 --> 00:15:08,000 and here's this guy's membership in TDA, and that should 217 00:15:08,080 --> 00:15:13,080 check the boxes. I think. Ed Morrissey thinks the rush 218 00:15:13,120 --> 00:15:16,799 of TDA organized crime figures into the United States over 219 00:15:16,840 --> 00:15:20,840 the last four years is clearly a predatory incursion, and 220 00:15:21,000 --> 00:15:24,320 Congress gave the President the authority to expel those who 221 00:15:24,399 --> 00:15:29,159 participated in such an incursion. He says, but that's my opinion, 222 00:15:29,240 --> 00:15:32,279 and that's my reading of the statute, and this week's 223 00:15:32,399 --> 00:15:35,720 order from the Supreme Court does nothing to prevent a 224 00:15:35,879 --> 00:15:41,200 different conclusion. We can safely predict that federal judges will 225 00:15:41,279 --> 00:15:44,919 reach a variety of conclusions in these cases. And what 226 00:15:45,039 --> 00:15:49,200 happens when that occurs, you get different opinions from the 227 00:15:49,200 --> 00:15:52,080 lower courts, and then they go up to the US 228 00:15:52,159 --> 00:15:57,399 Supreme Court because there is conflict in the rulings. So 229 00:15:57,480 --> 00:16:01,559 the Supreme Court will eventually have to actually address the 230 00:16:01,679 --> 00:16:06,240 use of the Alien Enemies Act, probably in the near future, 231 00:16:06,399 --> 00:16:12,480 says Ed Morrissey, and then our friend Kurt Schlichter, retired colonel, 232 00:16:13,840 --> 00:16:19,200 writing over at town hall dot com The Agony of 233 00:16:19,320 --> 00:16:25,159 John Roberts. Kurt Schlichter is a trial lawyer in California, 234 00:16:26,679 --> 00:16:30,600 and I thought he did a really good job of 235 00:16:31,000 --> 00:16:35,000 sort of laying this out that Judge Roberts Chief Justice 236 00:16:35,080 --> 00:16:37,279 John roberts problem is that he wants to return to 237 00:16:37,360 --> 00:16:40,559 something like regular order in the judiciary, but what we 238 00:16:40,679 --> 00:16:46,440 have is highly irregular order, and so far he doesn't 239 00:16:46,480 --> 00:16:52,159 seem willing able or interested in trying to bring these 240 00:16:52,240 --> 00:16:58,120 courts into line. So Schlicktor says, pity poor John Roberts. No, 241 00:16:58,360 --> 00:17:01,519 he's not corrupt or compromised. He's simply a man who 242 00:17:01,519 --> 00:17:04,440 has found himself at a pivotal time and place, in 243 00:17:04,519 --> 00:17:08,839 a position of great responsibility for which he is utterly unsuited. 244 00:17:09,319 --> 00:17:11,720 He's not a dumb man. He is, in fact, a 245 00:17:11,839 --> 00:17:16,759 very smart man. Hugh Hewitt, the radio guy out in California, 246 00:17:16,839 --> 00:17:19,880 knew him personally in the Reagan administration and testifies to 247 00:17:19,960 --> 00:17:23,599 that I have no doubt it's true. I know many 248 00:17:23,640 --> 00:17:28,400 smart people who have similar flaws. As objectively intelligent as 249 00:17:28,480 --> 00:17:33,079 John Roberts is, he is unwise, and he is endangering 250 00:17:33,119 --> 00:17:36,920 the institution he wants to preserve because he does not 251 00:17:37,119 --> 00:17:41,960 understand human nature or the times he finds himself in. 252 00:17:43,319 --> 00:17:46,000 If he had the capacity to lead that he so 253 00:17:46,160 --> 00:17:51,079 manifestly lacks, John Roberts could save his institution with decisive 254 00:17:51,160 --> 00:17:55,240 and bold action, but that's not who he is. Understand 255 00:17:55,319 --> 00:17:59,720 what John Roberts wants. He's an institutionalist who has always 256 00:17:59,720 --> 00:18:03,519 wanted it to protect the judiciary branch. He wants it 257 00:18:03,559 --> 00:18:07,079 to be a fully coequal branch that is respected by all. 258 00:18:07,519 --> 00:18:10,240 But the very actions he has chosen to take or 259 00:18:10,319 --> 00:18:13,759 not take in response to the current crisis of out 260 00:18:13,799 --> 00:18:19,519 of control subordinate courts are guaranteeing that it will fall 261 00:18:20,480 --> 00:18:25,720 the judiciary as a coequal respected by all branch, it 262 00:18:25,759 --> 00:18:29,240 will fall. Article three of the Constitution, that's the one 263 00:18:29,240 --> 00:18:33,119 that sets up the judicial branch. It does not expressly 264 00:18:33,160 --> 00:18:38,279 provide the judiciary with any powers other than those that 265 00:18:38,359 --> 00:18:41,000 it earns in the eyes of the other two branches. 266 00:18:41,319 --> 00:18:45,440 It cannot self enforce its decrees. Right, that's the old line. 267 00:18:45,480 --> 00:18:48,039 Was it from Jackson who said made his ruling ness, 268 00:18:48,119 --> 00:18:51,799 let's see him enforce it. Article one creates the Congress, 269 00:18:52,400 --> 00:18:55,200 and the legislative branch has the power of the purse. 270 00:18:56,079 --> 00:18:58,920 They have the power to impeach. They have the power 271 00:18:58,960 --> 00:19:03,960 to impeach the judiciary. Article two establishes the presidency, but 272 00:19:04,039 --> 00:19:07,359 the Constitution does not specify its checks and balances over 273 00:19:07,400 --> 00:19:10,880 the court. But that power is implied. The implied powers 274 00:19:10,920 --> 00:19:13,920 for the executive who runs the machinery of the federal government, 275 00:19:13,960 --> 00:19:16,559 including the cogs and gears that carry guns. You know, 276 00:19:17,680 --> 00:19:20,880 they can simply say no to an out of controlled judiciary. 277 00:19:21,640 --> 00:19:27,920 This implied power or defiance is as much a check 278 00:19:27,960 --> 00:19:31,880 and balance as any enumerated one, anything that's written down right. 279 00:19:32,359 --> 00:19:35,799 The executive has the guns, and without it, you would 280 00:19:35,799 --> 00:19:39,079 have an unchecked judiciary with hundreds of district court judges 281 00:19:39,200 --> 00:19:43,480 presuming to micro manage the legitimate actions of the executive branch. 282 00:19:44,359 --> 00:19:46,599 You know, kind of like what's happening? Now, here's a 283 00:19:46,640 --> 00:19:49,519 great idea. How about making an escape to a really 284 00:19:49,559 --> 00:19:52,799 special and secluded getaway in western North Carolina? Just a 285 00:19:52,880 --> 00:19:55,480 quick drive up the mountain and cabins of Ashville is 286 00:19:55,559 --> 00:19:59,359 your connection. 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Call or text eight two 302 00:20:51,359 --> 00:20:54,759 eight three six seven seventy sixty eight or check out 303 00:20:54,799 --> 00:20:57,559 all there is to offer at Cabins Offashville dot com 304 00:20:57,599 --> 00:21:01,440 and make memories that'll last a lifetime. All right, So, 305 00:21:01,720 --> 00:21:06,240 Kurt Schlichter Attorney, a lawyer guy out in California townhall 306 00:21:06,319 --> 00:21:12,559 dot com columnist retired US Army colonel, and he's writing 307 00:21:12,559 --> 00:21:16,599 about the what he calls the agony of John Roberts, 308 00:21:17,160 --> 00:21:22,119 saying that we have highly irregular order right now, and 309 00:21:23,079 --> 00:21:28,759 Roberts wants a return to something approximating regular order in 310 00:21:28,799 --> 00:21:33,559 the judiciary. Schlichter says, you non lawyers need to understand 311 00:21:34,440 --> 00:21:38,359 that all these temporary restraining orders, all of these injunctions 312 00:21:38,440 --> 00:21:43,000 and so forth, they are insane. This is not how 313 00:21:43,119 --> 00:21:49,440 law is done, either procedurally or substantively. He says, I 314 00:21:49,599 --> 00:21:54,799 did litigation for thirty years, including in federal courts up 315 00:21:54,799 --> 00:21:58,359 to arguing in front of the Ninth Circuit, and never 316 00:21:59,359 --> 00:22:05,039 saw any remotely like these antics. So that's the first 317 00:22:05,039 --> 00:22:10,160 step is to recognize where we are. This is not normal, 318 00:22:10,960 --> 00:22:15,160 all of these lawsuits and such, this is not normal. 319 00:22:16,400 --> 00:22:21,279 Abnormal times call for abnormal responses. But that is not 320 00:22:21,480 --> 00:22:29,119 how John Roberts works. Remember, he's a bushy, right w 321 00:22:30,160 --> 00:22:33,279 the kind of soft Republican who sees his job less 322 00:22:33,319 --> 00:22:38,480 as fixing our broken government than managing its gentlemanly decline. 323 00:22:38,640 --> 00:22:41,599 He wants the judiciary to be held in respect and 324 00:22:41,680 --> 00:22:44,920 obeyed but he doesn't want to do the hard, stern 325 00:22:45,200 --> 00:22:52,680 work of disciplining his underlings that makes that possible. I 326 00:22:52,720 --> 00:22:56,400 know there was talk about impeachment, right, various judges issuing 327 00:22:56,480 --> 00:23:02,519 these rulings, but Schlichter says that pactically speaking, we're probably 328 00:23:02,519 --> 00:23:06,519 not going to impeach anybody. That's probably not gonna happen. Right, 329 00:23:06,559 --> 00:23:11,960 it takes sixty seven senators, that's that's not gonna happen. 330 00:23:12,119 --> 00:23:15,920 Democrats are going to protect those, you know, activist judges 331 00:23:15,960 --> 00:23:20,640 on the bench. In normal times, the response to a 332 00:23:20,799 --> 00:23:26,960 judge over one dumb decision is the appeals process. But 333 00:23:27,079 --> 00:23:31,519 again rule number one, right, we are not in normal times, 334 00:23:32,680 --> 00:23:36,599 so these are not one dumb decision. These are dozens 335 00:23:36,759 --> 00:23:41,519 of dumb decisions. And the answer is now not the 336 00:23:41,559 --> 00:23:46,759 appeals process, because the appeals process is long, it's drawn out, 337 00:23:47,359 --> 00:23:52,599 it's deliberative. Right. The goal of this law fair campaign 338 00:23:53,319 --> 00:23:57,319 is to use that delay of the appellate process to 339 00:23:57,480 --> 00:24:02,839 strip Trump of his ability to govern. Right, that's the point. 340 00:24:03,559 --> 00:24:08,920 The purpose is to delay. They know that this stuff 341 00:24:08,960 --> 00:24:12,920 isn't going to isn't going to carry the day, but 342 00:24:13,000 --> 00:24:16,759 they just throw as many lawsuits into the gears as possible, 343 00:24:17,160 --> 00:24:20,160 and you know, it'll gum up the works for a while, 344 00:24:20,559 --> 00:24:24,799 and it'll slow Trump's role. And that's good enough, because 345 00:24:24,799 --> 00:24:30,799 then he'll be out to that end, Schlicker says, these 346 00:24:30,960 --> 00:24:33,680 leftists have sought to wrap Trump up in a web 347 00:24:33,720 --> 00:24:36,680 of orders and injunctions that will prevent him from doing 348 00:24:36,720 --> 00:24:41,640 the things that he was elected to do. Eventually, the 349 00:24:41,640 --> 00:24:44,880 Trump administration will win most of these cases through the 350 00:24:44,880 --> 00:24:50,799 appellate process because they are procedurally and substantively ridiculous. But 351 00:24:50,839 --> 00:24:54,160 the purpose is not to fulfill the letter of the law. 352 00:24:54,720 --> 00:24:59,640 The purpose is to create friction that improperly prevents political 353 00:24:59,640 --> 00:25:05,480 action that Trump, as the executive has the right to take. 354 00:25:06,359 --> 00:25:09,079 In other words, Trump may live in the White House, 355 00:25:09,359 --> 00:25:15,200 but he can't actually be president. That disenfranchises the people 356 00:25:15,279 --> 00:25:19,440 who elected him. I thought that was a great line, 357 00:25:19,519 --> 00:25:22,119 that Trump may live in the White House, but he 358 00:25:22,160 --> 00:25:30,279 can't actually be president procedurally. John Roberts needs to lead 359 00:25:30,359 --> 00:25:33,759 the charge to stop the imposition and the use of 360 00:25:33,799 --> 00:25:38,640 these bizarre nationwide orders and injunctions by giving the circuit 361 00:25:38,680 --> 00:25:44,559 courts and the courts of appeal clear guidance to end 362 00:25:44,759 --> 00:25:51,000 the nonsense procedurally now substantively he needs to direct the 363 00:25:51,079 --> 00:25:55,559 circuit courts to issue stays on district courts and their 364 00:25:55,720 --> 00:26:00,319 orders which far exceed the scope of their powers. And 365 00:26:00,359 --> 00:26:03,319 if the circuit courts of appeal refuse to do that, 366 00:26:03,680 --> 00:26:06,799 then the Supreme Court needs to issue the orders to 367 00:26:07,000 --> 00:26:11,440 enforce its will, even if that means issuing dozens and 368 00:26:11,680 --> 00:26:16,440 dozens of orders the Supreme Court only takes. Well, here's 369 00:26:16,440 --> 00:26:19,160 a good question for you. How many cases do you 370 00:26:19,240 --> 00:26:26,759 think the US Supreme Court takes every year? Fifty? About 371 00:26:26,839 --> 00:26:30,160 fifty cases, so like one a week. With over one 372 00:26:30,240 --> 00:26:33,160 hundred lawsuits against the Trump administration as part of this 373 00:26:33,279 --> 00:26:37,960 law fair campaign, that workload no longer works. What John 374 00:26:38,039 --> 00:26:40,519 Roberts is risking by refusing to put an end to 375 00:26:40,559 --> 00:26:43,440 these abuses is the Trump administration putting an end to 376 00:26:43,480 --> 00:26:47,599 these abuses himself by exercising his own implied power unto 377 00:26:47,640 --> 00:26:52,759 the Constitution to check an out of controlled judiciary. If 378 00:26:52,839 --> 00:26:57,880 an order is issued and no one enforces it, is 379 00:26:57,920 --> 00:27:05,119 it really an order? It's a fair question. The constitutional crisis, 380 00:27:05,640 --> 00:27:11,039 the judicial judicial crisis we are in right now, is 381 00:27:11,079 --> 00:27:16,359 the making of the leftists. This is the purpose destabilization, 382 00:27:17,079 --> 00:27:20,839 erode trust in the institutions, that have formed our civil 383 00:27:20,839 --> 00:27:28,519 society and slow Trump from attempting to end the abuses 384 00:27:28,799 --> 00:27:32,640 of out of control judiciary and an out of control 385 00:27:32,799 --> 00:27:36,039 executive branch. All right, so spring is here a time 386 00:27:36,119 --> 00:27:40,920 of renewal and celebrations. You've got graduations, weddings, anniversaries and 387 00:27:40,960 --> 00:27:43,519 the special days for mom and dad. Your family's making 388 00:27:43,599 --> 00:27:45,559 memories that are going to last a lifetime. But let 389 00:27:45,559 --> 00:27:48,599 me ask you, are all of those treasured moments from 390 00:27:48,680 --> 00:27:51,839 days gone by? Are they hidden away on old VCR tapes, 391 00:27:52,039 --> 00:27:56,839 eight millimeter films, photos slides? Are they preserved? Because over 392 00:27:56,880 --> 00:28:00,640 time these precious memories can fade and deteriorate, losing the 393 00:28:00,680 --> 00:28:04,279 magic of yesterday. At Creative Video, they help you protect 394 00:28:04,279 --> 00:28:08,279 what matters most. Their expert team digitizes your cherished family 395 00:28:08,279 --> 00:28:11,680 moments and transfers them onto a USB drive, freezing them 396 00:28:11,680 --> 00:28:14,480 in time so they can be enjoyed for generations to come. 397 00:28:14,759 --> 00:28:17,640 I urge you do not wait until it's too late 398 00:28:17,920 --> 00:28:21,640 this spring. Celebrate your past. Visit Creative Video today and 399 00:28:21,759 --> 00:28:24,640 let them preserve your legacy with the love and care 400 00:28:24,720 --> 00:28:28,720 that it deserves. Creative Video Preserving Family Memories since nineteen 401 00:28:28,839 --> 00:28:31,680 ninety seven, Located in mint Hill just off four eighty 402 00:28:31,680 --> 00:28:34,920 five mail orders are accepted to get all the details. 403 00:28:34,920 --> 00:28:42,720 At createavideo dot com. Nine years ago, nine years ago, 404 00:28:42,960 --> 00:28:49,079 people were wondering how did we get Donald Trump? And 405 00:28:49,200 --> 00:28:52,640 at the time a fellow by the name of Ilya Shapiro, 406 00:28:54,839 --> 00:29:02,920 legal scholar guy wrote at Kato dot org Libertarian Institute 407 00:29:03,279 --> 00:29:07,720 and website, and you know what he argued at the 408 00:29:07,759 --> 00:29:14,000 time nine years ago he said, John Roberts beget Donald Trump, 409 00:29:16,440 --> 00:29:19,839 which I find to be interesting now looking, you know, 410 00:29:19,920 --> 00:29:23,759 looking at where we are and looking at how you 411 00:29:23,799 --> 00:29:27,480 know Roberts, I just have the image of him, you know, 412 00:29:27,720 --> 00:29:31,599 grasping at the at the dirt and sand in his 413 00:29:31,880 --> 00:29:36,119 you know, judiciary, in his judiciary, and the tighter he 414 00:29:36,119 --> 00:29:40,519 he squeezes to hold on to its respect and it's uh, 415 00:29:42,079 --> 00:29:45,519 you know, reverence that the tighter he squeezes, the more's 416 00:29:45,680 --> 00:29:52,559 it slips through his fingers, you know, Ilia Shapiro, how 417 00:29:52,640 --> 00:29:57,680 John Roberts beget Donald Trump? From nine years ago twenty 418 00:29:57,720 --> 00:30:03,799 sixteen he talked about in this piece, he talked about 419 00:30:03,799 --> 00:30:09,759 Obama and George W. Bush before him, the gop elite, 420 00:30:10,039 --> 00:30:14,599 Nancy Reid or sorry Nancy Reid now Harry Reid and 421 00:30:14,680 --> 00:30:20,559 Nancy Pelosi, nihilists, demographic shifts, globalization, host of other forces 422 00:30:20,559 --> 00:30:23,200 that brought us to where we are, he said, But 423 00:30:23,400 --> 00:30:28,720 I have to point to a moment that spawned the 424 00:30:28,880 --> 00:30:32,079 current rise of Donald Trump. This was May of twenty sixteen, 425 00:30:32,759 --> 00:30:36,440 so before Trump had beaten Clinton, and he says it 426 00:30:36,480 --> 00:30:44,160 would have to be John Robert's vindication of Obamacare June 427 00:30:44,200 --> 00:30:49,759 twenty eighth, twenty twelve. I remember it. I was shocked. 428 00:30:50,720 --> 00:30:54,000 It was so clear even this non lawyer radio guy 429 00:30:54,039 --> 00:31:00,640 could understand the arguments as to why Obamacare needed to fall. 430 00:31:00,759 --> 00:31:06,359 It was a tax, you're taxing people. Roberts recognized that 431 00:31:06,400 --> 00:31:11,480 the Affordable Care Act was unconstitutional, yet he saved it. 432 00:31:12,200 --> 00:31:16,279 He saved it out of a devotion, a misbegotten devotion 433 00:31:16,519 --> 00:31:21,200 to judicial restraint under the guise of deferring to the people. 434 00:31:22,519 --> 00:31:25,960 And that's not the way it's supposed to work. I 435 00:31:26,000 --> 00:31:32,200 knew it then, and a lot of other people did too. Sure, 436 00:31:32,240 --> 00:31:35,799 the Chief Justice cleverly wrote his opinion so it wouldn't 437 00:31:35,839 --> 00:31:40,400 increase Congress's power to regulate interstate commerce, and even cut 438 00:31:40,440 --> 00:31:44,599 it back under the necessary and Proper clause. He also 439 00:31:45,279 --> 00:31:51,039 ultimately upheld the individual mandate only by rewriting it into 440 00:31:51,079 --> 00:31:54,920 a sort of unicorn tax, a creature of no known 441 00:31:55,000 --> 00:31:59,000 constitutional providence that will never be seen again. It's the 442 00:31:59,000 --> 00:32:06,440 only tax that is an attacks in America ever. But 443 00:32:06,519 --> 00:32:11,000 you reap what you sew, you know, refuse by refusing 444 00:32:11,039 --> 00:32:16,519 to follow his own logic to go where even Justice 445 00:32:16,799 --> 00:32:22,039 Anthony Kennedy's full throat, full throatedly went he would do it, 446 00:32:22,119 --> 00:32:28,240 Roberts ended up creating the cynicism and the anger at 447 00:32:28,279 --> 00:32:33,279 the very conservative judicial philosophy that he now tries to save. 448 00:32:34,839 --> 00:32:41,079 Right this play by the rules attitude. Conservatives have had 449 00:32:41,599 --> 00:32:44,960 decreased respect for institutions across the board because of the 450 00:32:45,039 --> 00:32:52,759 Roberts ruling. His twistifications drove the Tea Party, drove the 451 00:32:52,799 --> 00:32:58,880 Tea Party into the arms of the populists, or made 452 00:32:58,880 --> 00:33:01,799 it easy for their populace list instincts to trump their 453 00:33:01,839 --> 00:33:06,440 constitutional ones pun intended but fitting. I mean, why bother 454 00:33:06,519 --> 00:33:10,200 with the constitution? Even when you're right, you lose. How 455 00:33:10,200 --> 00:33:12,480 many times you hear that argument? How many times have 456 00:33:12,559 --> 00:33:15,480 you said that argument? This has been one of the 457 00:33:15,480 --> 00:33:20,160 biggest issues I've I've had this article in my files 458 00:33:20,680 --> 00:33:27,720 since it was published nine years ago, because what he's arguing, 459 00:33:27,960 --> 00:33:31,400 I think is correct because I have heard this from 460 00:33:31,480 --> 00:33:38,599 so many people over the last nine years that it 461 00:33:38,839 --> 00:33:42,960 that what Trump fights. That's what that is from. That's 462 00:33:43,079 --> 00:33:47,960 the summary of what Ilia Shapiro is arguing. That he fights. 463 00:33:48,640 --> 00:33:50,839 And you know, we're tired of you know, just getting 464 00:33:50,880 --> 00:33:53,200 beat all the time, and so gloves are off. We're 465 00:33:53,200 --> 00:33:54,799 going to play by their rules. We're going to you know, 466 00:33:54,880 --> 00:33:58,680 same standard all of that, because even when you're right, 467 00:33:59,440 --> 00:34:05,119 you lose. If Justice Kennedy had joined the liberals in 468 00:34:05,200 --> 00:34:08,119 their view that there are simply no structural limits on 469 00:34:08,159 --> 00:34:11,199 federal power, there would have been disappointment, but it would 470 00:34:11,199 --> 00:34:14,760 have been understandable given the conventional left right rubric right. 471 00:34:16,400 --> 00:34:21,320 But to lose in a holy extra legal way, that 472 00:34:21,480 --> 00:34:27,519 was the sucker punch. Betraying the idea or belying the idea. 473 00:34:27,559 --> 00:34:31,000 I should say that there's a difference between law and politics, 474 00:34:31,039 --> 00:34:34,440 and that the judiciary is an anti majoritarian check on 475 00:34:34,519 --> 00:34:39,440 the excesses of the political branches. It like the scales 476 00:34:39,480 --> 00:34:45,119 fell from the eyes. Roberts told the you know, soon 477 00:34:45,199 --> 00:34:50,719 to be future Trump supporters, not to bother with the courts. 478 00:34:51,360 --> 00:34:54,320 Don't bother the courts with these important issues. If you 479 00:34:54,400 --> 00:34:57,639 want to beat Obama, you got to get your own 480 00:34:57,760 --> 00:35:01,559 strong man, complete with the pen and a phone right 481 00:35:02,480 --> 00:35:06,599 and maybe some contempt for the constitution thrown in. So 482 00:35:07,280 --> 00:35:11,280 they did. That is exactly what happened. They went and 483 00:35:11,320 --> 00:35:16,880 got their own guy, their own fighter, bypassing several flavors 484 00:35:16,880 --> 00:35:21,519 of constitutional conservative in favor of a populism that knows 485 00:35:21,559 --> 00:35:26,800 nothing but winning. It's such a shame, he says, and 486 00:35:26,840 --> 00:35:32,039 deeply ironic. A constitutional moment had actually arrived in twenty ten. Remember, 487 00:35:32,320 --> 00:35:36,480 the people had risen up against crony capitalism, against bailouts, 488 00:35:36,760 --> 00:35:41,079 against out of control government in every aspect of our lives. 489 00:35:41,840 --> 00:35:46,360 That was the Tea Party, folks, Real constitutionalists were sent 490 00:35:46,440 --> 00:35:52,519 to Congress. I mean Massachusetts remember elected Scott Brown in 491 00:35:52,559 --> 00:35:59,880 an effort to stop Obamacare. State legislatures turned Republican base 492 00:36:00,159 --> 00:36:04,760 on opposition to federal overreach. North Carolina flipped Republican in 493 00:36:04,800 --> 00:36:12,559 this timeframe, like there was this huge wave, this opposition 494 00:36:13,320 --> 00:36:18,599 to the overreaching federal government, and the poster child was Obamacare, 495 00:36:20,000 --> 00:36:23,280 and the last domino the White House poised to fall. 496 00:36:23,320 --> 00:36:26,639 Two would have already had any a less constitutional had 497 00:36:26,679 --> 00:36:30,159 run in twenty twelve with the most talented and intellectually 498 00:36:30,239 --> 00:36:35,320 vibrant GOP primary field since Ronald Reagan. But then Roberts 499 00:36:35,400 --> 00:36:39,960 ushered in the Trump Tornado. Constitutional conservatism simply could not 500 00:36:40,119 --> 00:36:48,159 survive judicial conservatism. Ilia Shapiro, blames, credits, whatever you want 501 00:36:48,159 --> 00:36:52,199 to say, all of this stuff we're seeing now is 502 00:36:52,280 --> 00:36:56,800 the backlash to John Roberts, who we are all now 503 00:36:56,840 --> 00:37:02,119 reaping what he sowed. All right, that'll do it for 504 00:37:02,239 --> 00:37:04,920 this episode. Thank you so much for listening. I could 505 00:37:04,920 --> 00:37:07,159 not do the show without your support and the support 506 00:37:07,199 --> 00:37:10,039 of the businesses that advertise on the podcast, so if 507 00:37:10,079 --> 00:37:12,119 you'd like, please support them too and tell them you 508 00:37:12,159 --> 00:37:14,239 heard it here. You can also become a patron at 509 00:37:14,239 --> 00:37:18,320 my Patreon page or go to dpecleanershow dot com. Again, 510 00:37:18,559 --> 00:37:21,119 thank you so much for listening, and don't break anything 511 00:37:21,119 --> 00:37:26,079 while I'm gone.