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<v Speaker 1>Channa nine first forty one forecasts overcast. Guys. Today, rain

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<v Speaker 1>shows up around four pm. I have thirty six overnaightle

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<v Speaker 1>of thirty five. We will have more showers and maybe

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<v Speaker 1>even storms, but northern counties look out for some freezing

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<v Speaker 1>rains because that's possible. Tomorrow we have rain in the morning.

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<v Speaker 1>It'll be partly clouded a balance, and I have sixty

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<v Speaker 1>one thirty overnight with partley bodies. Guys, Friday's going to

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<v Speaker 1>be sunny. It comes at a small price, so HI

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<v Speaker 1>of just forty two thirty three. Right now, time for

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<v Speaker 1>Chuck Ingram with a traffic update from the UC.

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<v Speaker 2>Health Traffic Center. Heart disease is the leading cause of

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<v Speaker 2>death in the US.

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<v Speaker 3>If you're at.

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<v Speaker 2>Risk, trust the experts and you see health for Innovative

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<v Speaker 2>and person of ezzed heartcare. Expect more at you see

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<v Speaker 2>how dot COM's northbound seventy five erecting your town street

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<v Speaker 2>left hand side, then one end the split north seventy

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<v Speaker 2>five on the right hand side, and cruis are working

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<v Speaker 2>to clean up from an earlier accident. He spent two

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<v Speaker 2>to seventy five turkey foot that ramp is blocked off.

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<v Speaker 2>Coming up next guests, who's well being a Giants fan.

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<v Speaker 2>Pretty sure we know who the judge is rooting for

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<v Speaker 2>in the big game. It's time to talk to the

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<v Speaker 2>newest Chiefs and swifty fan. In fact, he's going for

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<v Speaker 2>his own three p nachos. Nachos and you were way

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<v Speaker 2>ahead of me the judges.

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<v Speaker 1>Next Chuck ingraman fifty five krz. He talks station what

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<v Speaker 1>are you gonna do? Good morning, Good morning, Judge.

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<v Speaker 3>Nitapolitano introductions. I get anywhere I know, I listen.

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<v Speaker 1>I cann't say that definitively, because I know you're introduced

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<v Speaker 1>every single day on multiple platforms everywhere around the country

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<v Speaker 1>and the globe. But I would have been able to

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<v Speaker 1>easily guess that his are the most interesting and unique introductions.

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<v Speaker 1>How could they not be? No one ever knows Greg

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<v Speaker 1>what's on Chuck's mike? Does he have it right?

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<v Speaker 3>Though?

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<v Speaker 1>You can be rooting for the Chiefs.

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<v Speaker 3>No, he does not.

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<v Speaker 4>I am a fan of Barkley, who I think is

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<v Speaker 4>the greatest running back in the business, and if he

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<v Speaker 4>has a few more years like this past one, he'll

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<v Speaker 4>be the greatest running back in history. And the Giants

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<v Speaker 4>need to learn their lesson about the stupidity of letting

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<v Speaker 4>him go over allowsy million dollars a year.

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<v Speaker 1>Is that a chip I see on your shoulder, Judge

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<v Speaker 1>the politics, It is a big chip.

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<v Speaker 4>They paid Danny Dimes forty million a year, is the

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<v Speaker 4>worst quarterback in the business, and they let Barkley go

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<v Speaker 4>the best running back in the business.

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<v Speaker 1>Well, I'm on your side. I'm on your side, so

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<v Speaker 1>we will share.

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<v Speaker 4>Any of this have to do with Patrick Mahomes, who

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<v Speaker 4>might be the best athlete.

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<v Speaker 1>On the planet right, Well, and let us use that

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<v Speaker 1>as a pivot. Not much of a relatable pivot. Pivot

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<v Speaker 1>over to your column is the tariffs in the Constitution.

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<v Speaker 1>I'm so glad that you chose to deal with the

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<v Speaker 1>concept of tariffs, but it's a rather esoteric area of

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<v Speaker 1>the law. And even in my retort to you or

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<v Speaker 1>my response to you, I wasn't aware of the case

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<v Speaker 1>that the Supreme Court has allowed this to happen. But

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<v Speaker 1>it is an easy question to ask for anybody. How

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<v Speaker 1>is it that Trump can just flip a switch and

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<v Speaker 1>tariff a country literally almost in any amount he wants.

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<v Speaker 3>It. Just it seems like.

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<v Speaker 4>Congress years ago, at the height of the depression and

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<v Speaker 4>the cusp of World War Two, the Congress decided to

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<v Speaker 4>give that power to Franklin Delan of Roosevelt, and it

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<v Speaker 4>has resided in every president since. Notwithstanding, the Constitution couldn't

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<v Speaker 4>be clearer. All taxes shall be raised by legislation enacted

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<v Speaker 4>by the Congress, and all legislation for imposing taxes shall

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<v Speaker 4>originate in the House of Representatives.

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<v Speaker 3>Couldn't possibly be clearer.

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<v Speaker 4>You have this one tax, a tariff which can be ruinous,

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<v Speaker 4>can be imposed.

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<v Speaker 3>By the president and the president alone.

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<v Speaker 1>And yet the Constitution does not address specifically tariffs residing

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<v Speaker 1>in the executive branch. So by what circuitous route does

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<v Speaker 1>the president end up with the power to just sort

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<v Speaker 1>of one day turn and say, hey, I'm going to

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<v Speaker 1>tax Canada twenty five percent.

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<v Speaker 4>So the decision is called United States versus Curtis Right.

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<v Speaker 4>Curtis Right was the name of an arms manufacturer who

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<v Speaker 4>sold arms to Bolivia, and the Congress had authorized FDR

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<v Speaker 4>to im embargoes on arms. Had his own choosing, you

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<v Speaker 4>can impose an embargo one day and unimpose it the next.

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<v Speaker 4>And when he imposed the arms embargo on Bolivia and

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<v Speaker 4>Curtis Right sold it anyway, the Fed's indicted the corporation.

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<v Speaker 4>The federal judge throughout the indictment by saying that the

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<v Speaker 4>president decide what's legal and what's not. The president can't

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<v Speaker 4>create a crime, only Congress can.

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<v Speaker 3>The Supreme Court reversed it.

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<v Speaker 4>Now, if the Supreme Court had simply reversed it and

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<v Speaker 4>said hold a trial.

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<v Speaker 3>We wouldn't have known about any of this.

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<v Speaker 4>But the reversal was written by Justice George Sutherland born

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<v Speaker 4>in Great Britain, which is part of this story. He

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<v Speaker 4>wrote a treatise on presidential power, going well beyond the

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<v Speaker 4>issues before the Court, and in that treatise, in the

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<v Speaker 4>guise of a judicial opinion us versus Curtis Right, he

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<v Speaker 4>declares that the president and the president alone establishes foreign policy,

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<v Speaker 4>and he needs tools to effectuate that establishment.

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<v Speaker 3>And among those tools.

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<v Speaker 4>Are deciding what's criminal when it violates his foreign policy,

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<v Speaker 4>and imposing tariffs in order to effectuate.

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<v Speaker 3>The aren't policy. None of this was.

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<v Speaker 4>Before the court, or most of it wasn't before the court,

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<v Speaker 4>but it's in the opinion anyway. The opinion has never

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<v Speaker 4>been touched as absurd as it is because the federal

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<v Speaker 4>government is one of limited powers, but just as Sutherland wrote,

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<v Speaker 4>this is actually in the opinion Brian that in seventeen

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<v Speaker 4>eighty nine, when the Constitution was.

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<v Speaker 3>Ratified, the power of foreign government.

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<v Speaker 4>Of dealing with foreign governments magically came across the Atlantic

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<v Speaker 4>Ocean from George the Third to George Washington and has

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<v Speaker 4>been reposed in the hands of every president ever since.

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<v Speaker 1>So we relate.

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<v Speaker 4>It is still good law, as irrational as it is,

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<v Speaker 4>and every president from FDR to Donald Trump, has used

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<v Speaker 4>that opinion as legal authority for the imposition of everything

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<v Speaker 4>from embargoes to tariffs.

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<v Speaker 1>So, insofar as Curtis Right was concerned, it was selling

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<v Speaker 1>arms to Bolivia in spite of the ban on that

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<v Speaker 1>did that happen.

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<v Speaker 4>But the ban was not a congressional band. The ban

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<v Speaker 4>was a presidential ban, and so Curtis Wright argued that

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<v Speaker 4>Congress did not have the power to delegate that power

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<v Speaker 4>to the president. If Congress had said, thou shalt not

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<v Speaker 4>sell arms to Bolivia, and if you do, it's a felony,

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<v Speaker 4>that would have been one thing.

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<v Speaker 3>But when Congress said.

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<v Speaker 4>Thou shalt not do what FDR prohibits you from doing it,

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<v Speaker 4>if you do, it's a felony that violates the principle

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<v Speaker 4>of non delegation.

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<v Speaker 3>So Supreme Court rejected that argument.

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<v Speaker 1>But within that that that declaration, FDR was able to say, no,

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<v Speaker 1>don't sell the arms delivery. He also he made it

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<v Speaker 1>a crime to violate his declaration that they won't be

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<v Speaker 1>sold or did it just was it just a ban

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<v Speaker 1>that didn't carry with it a criminal component. That's what

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<v Speaker 1>I wanted to kind of be clear on.

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<v Speaker 3>He made it a crime, Oh, which is why it

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<v Speaker 3>was scandalous.

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<v Speaker 4>It will be one thing to impose some administrative sanction

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<v Speaker 4>on this company, quite another thing to indict them for

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<v Speaker 4>a crime that was never enacted by the Congress. This

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<v Speaker 4>violates all the due process jurisprudence about notice and about

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<v Speaker 4>the legitimacy of federal crimes, which can only be made

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<v Speaker 4>valid by action of the Congress, not by action of

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<v Speaker 4>the president. Now, Joe Biden has imposed sanctions and Donald

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<v Speaker 4>Trump has not unimposed them on many, many Russian facilities.

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<v Speaker 4>I mean what Trump said the other day, I'm going

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<v Speaker 4>to impose sanctions on the Russians. Well, Biden has sanctioned

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<v Speaker 4>everything the Russians sell us except for one thing which

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<v Speaker 4>we desperately need, which is uranium.

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<v Speaker 3>I don't even know if the president knew it. I

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<v Speaker 3>also don't know.

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<v Speaker 4>It's long wind an answer to your question, if it

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<v Speaker 4>is a crime a felony to violate those sanctions, Uh,

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<v Speaker 4>there's about a couple of million dollars worth of still

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<v Speaker 4>itch Naya vodka still sitting in Port Newark. It came

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<v Speaker 4>across the Atlantic Ocean while Biden imposed the sanctions.

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<v Speaker 3>It's still sitting in a warehouse in New Jersey. I

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<v Speaker 3>don't know who owns it. I don't know what's going

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<v Speaker 3>to become of it. But if you sold it, could

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<v Speaker 3>you be arrested. I don't know the answer.

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<v Speaker 1>To that, but the idea though that, I mean, I'll

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<v Speaker 1>just say it out on a whim. The president can

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<v Speaker 1>do that and also, in doing so, create a crime

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<v Speaker 1>without congressional approval, which is where that power lies. I

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<v Speaker 1>understand why you're you're in such a state of disbelief

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<v Speaker 1>that this law actually is still on the books, and

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<v Speaker 1>the fact that it derived from from from British law.

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<v Speaker 1>They don't have a constitution with separation of powers.

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<v Speaker 4>Correct Correct Justice to Southerland, who you know came to

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<v Speaker 4>the US as a baby, was a senator from one

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<v Speaker 4>of the Western States. I forget which, but now nevertheless

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<v Speaker 4>had the mindset that the president was a monarch and

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<v Speaker 4>the Congress was like parliament, which is unlimited.

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<v Speaker 3>Parliament can legislate on anything from spitting on the sidewalk

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<v Speaker 3>to treason.

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<v Speaker 4>Congress theoretically cannot legislate on spinning on the sidewalk, although

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<v Speaker 4>that legislated, and I'm just about everything else. That's another

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<v Speaker 4>story for another time. But in Justice Sutherland's mind, and

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<v Speaker 4>seven of the of the remaining eight justices agreed with him.

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<v Speaker 3>McReynolds dissented.

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<v Speaker 4>The president is entitled to monarchical powers with respect to

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<v Speaker 4>foreign affairs because when we became a sovereign country, these

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<v Speaker 4>powers devolved on him. When they were taken away from

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<v Speaker 4>George the Third. I mean, this is absurd. Madison and

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<v Speaker 4>company would have rejected that unambinuously had it been articulated

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<v Speaker 4>in seventeen eighty nine.

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<v Speaker 1>Yeah, there's no question in my mind. You've got that right.

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<v Speaker 1>Oh lord, well, can thank you? I mean again, I

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<v Speaker 1>said yes, to be.

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<v Speaker 3>A little bit in the weeds.

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<v Speaker 4>But everybody's asking, how can the president impose a tax?

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<v Speaker 3>Well, this is how this is.

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<v Speaker 4>How power evolves in America from stupid, outdated, irrational Supreme

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<v Speaker 4>Court opinions.

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<v Speaker 1>Yeah, and uh, I want to address that. Always makes

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<v Speaker 1>me want to bring up the commerce clause.

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<v Speaker 3>I know, I know.

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<v Speaker 4>I talk about Patrick Mahomes at.

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<v Speaker 1>Judge edit of Paula Ton. We always end on judging Freedom,

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<v Speaker 1>which is your your podcast, and I'll encourage my listeners

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<v Speaker 1>to search for it and watch it and listen to it.

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<v Speaker 1>Are you going to be talking to you today?

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<v Speaker 4>Your honor Max Blumenthal, Phil Geraldy and the great Scott

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<v Speaker 4>Ritter later this afternoon.

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<v Speaker 3>Thank you, Brian, I was a pleasure and tell Ingram

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<v Speaker 3>I love him.

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<v Speaker 1>You got it, My brother, love you too. Right back,

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<v Speaker 1>it's coming up an eight forty fifty five KRC detalk station.

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<v Speaker 1>We're going to benefit the homeless with them already grave

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<v Speaker 1>and we're talking about that in just a few minutes.

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<v Speaker 1>I hope you can stick around fifty five KRC.