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<v Speaker 1>Hey, thirty four or fifty five, cair Seed de talk

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<v Speaker 1>station had a very happy Wednesday to you and the

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<v Speaker 1>heels of the Congressman Thomas Massy.

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<v Speaker 2>Fingers crossed.

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<v Speaker 1>We get our technical details workout, Joe streckers out, Sean's

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<v Speaker 1>filling in? Do we have audio because I can see

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<v Speaker 1>the judge? Can I hear the judge? Welcome back, Judge Anapolitano.

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<v Speaker 3>All right, good morning, Brian, can you hear me?

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<v Speaker 1>Thank God? Let me pause and say a prayer to

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<v Speaker 1>the dear Lord that it is working. Good morning, your honor.

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<v Speaker 1>It's always great having you on sweat and bullets there

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<v Speaker 1>for a little while, Your Honor.

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<v Speaker 2>Well, I'm glad that it's working.

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<v Speaker 3>I'm afraid to hang up my phone because I don't

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<v Speaker 3>know if we're talking through.

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<v Speaker 2>The link or through the phone.

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<v Speaker 1>Well, let's keep your phone on because the content of

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<v Speaker 1>your column, I think is extremely important and I really

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<v Speaker 1>suspected you would go down this road, and I just

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<v Speaker 1>had a conversation with Congressman Massy about it. This whole

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<v Speaker 1>concept of the International Economic Emergency Powers Act in nineteen

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<v Speaker 1>seventy seven is what allegedly gives Donald Trump the authority

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<v Speaker 1>to impose these tarrants.

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<v Speaker 3>Well, the statute is the basis for the authority. What

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<v Speaker 3>Congressman Massey and Senator Paul have been complaining bitterly about

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<v Speaker 3>is that we shouldn't be running the government under emergency

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<v Speaker 3>authority when there's no emergency. The statute itself defines an

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<v Speaker 3>emergency as a sudden and unexpected event that adversely affects

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<v Speaker 3>national security or economic prosperity.

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<v Speaker 2>The stated purpose for the emergency.

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<v Speaker 3>I won't go through the history with all the fentanyl nonsense,

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<v Speaker 3>but the stated purpose for the emergency is the imbalance

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<v Speaker 3>of trade.

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<v Speaker 2>Brian.

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<v Speaker 3>We've had an imbalance of trade since nineteen thirty four,

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<v Speaker 3>so by definition, it's not a sudden and unexpected event.

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<v Speaker 3>So there's no basis for the emergency. Therefore there's no

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<v Speaker 3>basis and no authority for him to impose the tarrant.

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<v Speaker 3>The tariff is a sales tax. You want to have

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<v Speaker 3>a sales tax, Congress has to impose it. Congressman Massey

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<v Speaker 3>and Senator Paul are one hundred percent to correct. For one,

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<v Speaker 3>the Democrats are on their side because they hate Trump,

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<v Speaker 3>but a half dozen Republicans and that's it.

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<v Speaker 2>Everybody else has cowt and afraid of Trump.

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<v Speaker 1>Well, you know, this reminds me, I mean dead on

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<v Speaker 1>what we used to argue about when I was practicing

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<v Speaker 1>litigation for pollution liability. The coverage came about for pollution

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<v Speaker 1>liability for sudden and unexpected releases of toxins, and during

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<v Speaker 1>the circle of litigation, all these companies went back to

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<v Speaker 1>their insurance policies for pollution that they had been releasing

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<v Speaker 1>into the world for literally decades, claiming it was sudden

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<v Speaker 1>and unexpected, and that became the key to the litigation.

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<v Speaker 1>Some judges said, no, for things that have been going

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<v Speaker 1>on for years and years and years, you can't define

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<v Speaker 1>that as sudden and unexpected. It has to happen in

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<v Speaker 1>a sudden and unexpected way. So I understand the point.

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<v Speaker 2>Year.

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<v Speaker 3>So there is a challenge made by a small stationery

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<v Speaker 3>company which imports its paper from China in Federal court

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<v Speaker 3>in Florida. Will a federal judge have the clarity of

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<v Speaker 3>vision and professional courage to enjoin the tariffs? Who knows

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<v Speaker 3>Supreme Court is letting Donald Trump get away with all

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<v Speaker 3>kinds of things on the emergency docket. The decision to

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<v Speaker 3>enjoy Judge Bozburg the other day was no decision.

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<v Speaker 2>There was no opinion. You don't know what they're thinking.

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<v Speaker 3>Was it was an opinion, It was a ruling by

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<v Speaker 3>five of them, no opinion. Because they did it in

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<v Speaker 3>the emergency connection, will they do the same thing. It's

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<v Speaker 3>very very dangerous for jurisprudence in this country for the

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<v Speaker 3>highest court in the land just to come down with

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<v Speaker 3>a ruling without giving a basis for it. I suspect

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<v Speaker 3>the same thing happen here. However, this is causing real

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<v Speaker 3>and serious damage, a six trillion dollar capital loss. Thus,

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<v Speaker 3>farm or only into this thing by a week, and

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<v Speaker 3>the Chinese or the sales tax on goods from China

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<v Speaker 3>is now one hundred and four percent.

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<v Speaker 2>That doesn't kick in until today.

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<v Speaker 3>So will Joe six Pack in his Mega cap going

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<v Speaker 3>to Walmart to buy a toaster and expecting to spend

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<v Speaker 3>thirty dollars buy it for sixty dollars or will he

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<v Speaker 3>go without a toaster? Or will he search in Vain

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<v Speaker 3>for an American toaster? Or will Joe six Pack in

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<v Speaker 3>his Maga cap going to a Ford dealership in Cincinnati.

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<v Speaker 2>How will we react with sticker shock.

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<v Speaker 3>When the dealer says we have to add another three

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<v Speaker 3>thousand dollars because that's what Ford had to pay in

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<v Speaker 3>sales tax on the parts.

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<v Speaker 2>That were aid that were put into your car.

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<v Speaker 3>Because a lot of the car the parts come from Mexico, Canada,

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<v Speaker 3>and South Korea.

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<v Speaker 2>This will be the same Joe six pact that she'ed

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<v Speaker 2>Donald Trump to the victory.

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<v Speaker 1>Well, and I guess I have to ask because you

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<v Speaker 1>and I have talked about this in the context of

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<v Speaker 1>the War Powers Act. The International Economic Emergency Powers Act

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<v Speaker 1>is a delegation of the power of the purse from

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<v Speaker 1>Congress to the executive branch, granted pursuing to certain limitations

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<v Speaker 1>like this sudden, unexpected emergency event. But is that in

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<v Speaker 1>and of itself as nineteen seventy seven Act constitutional in

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<v Speaker 1>your mind?

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<v Speaker 3>In my mind, it is not constitutional because it is

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<v Speaker 3>delegating away a core function of the Congress, which.

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<v Speaker 2>Is to raise taxes.

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<v Speaker 3>I mean, this is so core to the Congress that

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<v Speaker 3>the Constitution actually says taxes must emanate in the House

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<v Speaker 3>of Representatives. It is as clear as can be that

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<v Speaker 3>this power resides solely with Congress, and Congress can't give

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<v Speaker 3>away a core power. Could the president allow the Supreme

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<v Speaker 3>Court to run the military. Of course, not even if

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<v Speaker 3>he wanted to, even if the court accepted that power.

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<v Speaker 3>It's the same thing. The president can't impose taxes even

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<v Speaker 3>if Congress wants him to. Where does that bring us

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<v Speaker 3>to taxation without representation? That's where it brings us. We

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<v Speaker 3>didn't elect a president to raise taxes. We elect that

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<v Speaker 3>a Congress to address.

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<v Speaker 2>The tax rates.

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<v Speaker 1>Yeah, and I hear what you're saying, and of course

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<v Speaker 1>you know my listeners like, yeah, but it's so unfair,

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<v Speaker 1>and it's been so unfair, and we have these unfair

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<v Speaker 1>advantage because all these other countries can manufacture these goods

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<v Speaker 1>at a fraction of what it cost to manufacturing in America.

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<v Speaker 1>That's why the toaster is only thirty five bucks when

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<v Speaker 1>it comes to China, because they have no pollution rules,

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<v Speaker 1>they have no ocean rules, they have no rules period,

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<v Speaker 1>so they can churn it out on slave labor. We've

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<v Speaker 1>got all these other things we've got to comply with,

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<v Speaker 1>so we can't even make a toaster that Joe sixpack

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<v Speaker 1>can afford. And I understand that from frustration, and we

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<v Speaker 1>learned a lot of lessons, hard lessons from COVID that

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<v Speaker 1>we just don't manufacture. Some critically important goods here in

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<v Speaker 1>the United States, most notably in a time of war

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<v Speaker 1>when we couldn't get pharmaceuticals for our own men and

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<v Speaker 1>women in uniform. But that doesn't change the Constitution. And

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<v Speaker 1>there's that pesky constitution, and you're in my clinging to

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<v Speaker 1>it that tends to stand in a way, especially in

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<v Speaker 1>the face of a divided do nothing Congress.

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<v Speaker 3>It is an intentional impediment to tyranny. And just a

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<v Speaker 3>Scalia argued he didn't always carry the day, or it

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<v Speaker 3>often was in a descent, that these core functions cannot

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<v Speaker 3>be delegated away because that leads to tyranny, It leads

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<v Speaker 3>to an imbalance of power, It leads to too much

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<v Speaker 3>power in the hands of one branch of government. But

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<v Speaker 3>Congress today in twenty twenty five, is frustrated over what

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<v Speaker 3>its predecessor in nineteen seventy seven did. Senator Paul got

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<v Speaker 3>a majority of senators vote to nullify the declaration of

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<v Speaker 3>an emergency on the theory that we just articulated he

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<v Speaker 3>would need sixty seven in order to overwrite a presidential

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<v Speaker 3>veto The House leadership is totally wedded to the president,

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<v Speaker 3>even though a majority of members of the House.

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<v Speaker 2>That's the Democrats plus.

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<v Speaker 3>The Freedom Caucus are against this. They won't even let

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<v Speaker 3>this come to the floor for a vote for fear

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<v Speaker 3>will embarrass them. They couldn't care less about the Constitution.

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<v Speaker 3>They couldn't care less about Joe sixpack. They only care

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<v Speaker 3>about their relationship to the man in the Oval office.

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<v Speaker 1>Well, if you had to leave read Tea leaves on this,

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<v Speaker 1>this sounds like it is right for a judicial review

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<v Speaker 1>ultimately end up in the lap of the Supreme Court.

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<v Speaker 1>Do you see that happening. Do you see this getting

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<v Speaker 1>resolved by way of resolving the issue, maybe the core

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<v Speaker 1>issue of whether this nineteen seventy seven Act is even

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<v Speaker 1>in and of itself constitutional, or are we just going

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<v Speaker 1>to go along with stuff the.

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<v Speaker 3>I would hope that the judiciary would have the courage

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<v Speaker 3>to do the right thing, or even the wrong thing.

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<v Speaker 2>I just hope that they would rule it would be reprehensible.

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<v Speaker 3>If the Supreme Court validates the nineteen seventy seven Act,

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<v Speaker 3>well then you might end up with judges running the military,

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<v Speaker 3>because then you can just exchange assignments as if you

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<v Speaker 3>were in grade school. I don't want to do this

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<v Speaker 3>book report. You take mine and I'll take yours. You

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<v Speaker 3>can't do that with the constitution that destroys human liberty,

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<v Speaker 3>that turns the president into a tyrant.

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<v Speaker 2>Did you hear.

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<v Speaker 3>What he said on Air Force one the other day

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<v Speaker 3>and when Carolyn Levitt repeated with thinking of finding ways

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<v Speaker 3>to deport Americans?

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<v Speaker 2>Good God, where are we going?

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<v Speaker 3>Well, Congress sits on its button, does nothing.

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<v Speaker 1>Yes, that results in an imperial presidency. You and I

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<v Speaker 1>have reset conclusions many times over the many years that

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<v Speaker 1>you and I have been talking. Well, at least the

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<v Speaker 1>Supreme Court recognize that the people that are trying to

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<v Speaker 1>kick out of the country are entitled to a habeus

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<v Speaker 1>corpus hearing and a due process hearing before you know that.

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<v Speaker 3>That was a very sort of sneaky thing that the

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<v Speaker 3>Court did. They made it look like they were giving

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<v Speaker 3>Trump what he wanted by getting this case away from

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<v Speaker 3>his beast in the night, Judge Boseburg, but requiring a

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<v Speaker 3>hearing for everybody they want to deport. They have three

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<v Speaker 3>hundred and fifty thousand Venezuelanes.

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<v Speaker 2>They want to deport.

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<v Speaker 3>Now they have to hold a hearing on each one.

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<v Speaker 3>In Britain's evidence on each one.

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<v Speaker 1>Hey, but that's exactly the argument you made last week.

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<v Speaker 1>That's what the Constitution requires, so right, and it requires.

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<v Speaker 3>No less than due process whenever it wants to take

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<v Speaker 3>anybody's liberty, no matter who you are, what.

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<v Speaker 2>They claim you've done.

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<v Speaker 3>In the meantime, an innocent man sits in a hell

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<v Speaker 3>hole in Al Salvador, and the president and his people

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<v Speaker 3>couldn't care less.

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<v Speaker 1>Well, a lot of people my listening audience couldn't care

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<v Speaker 1>less about the concept of due process in this particular context.

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<v Speaker 1>So I've been defending.

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<v Speaker 3>The government comes after them, then they will appreciated process,

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<v Speaker 3>and then they will appreciate an independent of isiary.

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<v Speaker 1>And that's why I've been defending you on that point

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<v Speaker 1>for the last week. Judge Editor Politano, judging freedom. Who

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<v Speaker 1>are you talking to today, your honor?

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<v Speaker 3>I have Pepe Escobar from Thailand. He just returned from

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<v Speaker 3>a week in Yemen. Phil Giraldi and Max Bloomenthal exciting

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<v Speaker 3>days here, no question about it. I shouldn't get angry

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<v Speaker 3>because this is all good for our business.

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<v Speaker 1>Yes it is. I've got my popcorn now waiting for

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<v Speaker 1>all this to get resolved. And there's no end of

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<v Speaker 1>content that you and I can talk about each and

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<v Speaker 1>every week. God bless you for coming on the program.

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<v Speaker 1>I appreciate what you do, your honor. I'll look forward

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<v Speaker 1>to next week.

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<v Speaker 2>Thank you for defending me. Brian, all the best, Take care.

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<v Speaker 1>As long as you're defending the Constitution, I'll defend you.

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<v Speaker 1>It's eight forty six here fifty five KRC Detok Station.

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<v Speaker 1>They'll away doctor J Rissover about health. He's going to

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<v Speaker 1>be doing an empower you seven or tomorrow night and

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<v Speaker 1>getting at seven. We'll get the details on that from

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<v Speaker 1>doctor J. Coming up next fifty five KRC. Get ready

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<v Speaker 1>for
