WEBVTT 1 00:00:00.040 --> 00:00:03.520 I want to talk a bit about, you know, using 2 00:00:03.640 --> 00:00:06.679 my role as official lawyer talk show. 3 00:00:06.440 --> 00:00:09.320 Hosts for the community of the San Joaquin. 4 00:00:09.160 --> 00:00:14.800 Valley, I want to talk a little bit about these 5 00:00:14.839 --> 00:00:19.839 deportation efforts that the Trump administration has undertaken for these 6 00:00:20.120 --> 00:00:26.239 trende Aragua terrorists whom the Trump administration deported to Venezuela, 7 00:00:27.280 --> 00:00:34.240 and they're seeming blowing off, maybe not blowing off, kind 8 00:00:34.240 --> 00:00:37.119 of blowing off, sort of very much on the edge 9 00:00:37.679 --> 00:00:40.679 of the Federal District Court judge James Boseberg from the 10 00:00:40.759 --> 00:00:43.240 Federal District Court in Washington, d C. Who said, no, 11 00:00:43.439 --> 00:00:47.159 you can't deport these people. Turn the planes around. He 12 00:00:47.200 --> 00:00:50.280 actually issued his order apparently while there were airplanes in 13 00:00:50.320 --> 00:00:54.079 the air deporting these people. And a lot of conservatives 14 00:00:54.119 --> 00:01:00.960 have been outraged by this. I share the conservative outrage 15 00:01:01.200 --> 00:01:04.959 over these federal District Court judges within the DC district 16 00:01:05.120 --> 00:01:07.840 basically acting like they are the President of the United 17 00:01:07.879 --> 00:01:09.599 States rather than the president being the President of the 18 00:01:09.680 --> 00:01:10.680 United States. 19 00:01:11.280 --> 00:01:15.879 As well as the kind of the general. 20 00:01:16.879 --> 00:01:20.719 Process that John Roberts really deserves blame for. John Roberts, 21 00:01:20.760 --> 00:01:23.680 one person who really could have rained this in years 22 00:01:23.719 --> 00:01:31.239 ago and who hasn't this whole concept of an individual 23 00:01:31.280 --> 00:01:36.560 federal district court judge issuing a nationwide injunction to completely 24 00:01:36.799 --> 00:01:43.719 stop a Trump administration policy from taking place throughout the 25 00:01:43.760 --> 00:01:48.079 country because one federal judge and one district somewhere in 26 00:01:48.120 --> 00:01:51.319 the United States issued a ruling to stop it. 27 00:01:51.719 --> 00:01:54.840 So I despise that whole process. 28 00:01:57.000 --> 00:02:01.959 Nonetheless, let's talk about these deportation of these trend Agua 29 00:02:03.480 --> 00:02:09.360 terrorists or designated as such. And this is one of 30 00:02:09.360 --> 00:02:13.159 the difficulties with the Trump administration doing this. So right, 31 00:02:14.479 --> 00:02:17.439 the Trump administration wants to get rid of criminals who 32 00:02:17.439 --> 00:02:27.560 are in the country illegally, these Venezuelan aliens who were 33 00:02:27.719 --> 00:02:32.719 claimed to be members of trend de Aragua, a Venezuelan 34 00:02:33.400 --> 00:02:36.800 gang that I believe the Trump administration has designated a 35 00:02:36.879 --> 00:02:44.759 terrorist organization. The Trump administration proclaimed that under the Alien 36 00:02:45.120 --> 00:02:53.400 Enemies Act, they are able to deport these people. Now, 37 00:02:54.879 --> 00:03:01.560 the Alien Enemies Act is a law. It's a federal 38 00:03:01.639 --> 00:03:04.520 law that was passed by Congress. 39 00:03:04.840 --> 00:03:05.199 Okay. 40 00:03:06.199 --> 00:03:11.439 It delineates the power of the federal government, through the 41 00:03:11.479 --> 00:03:18.919 executive of the federal government, to deport people. 42 00:03:20.240 --> 00:03:21.879 Who are in the country. 43 00:03:23.039 --> 00:03:29.919 And part of some alien enemy group, some enemy group Okay. 44 00:03:31.719 --> 00:03:35.759 The way that this law has been used, and it 45 00:03:35.800 --> 00:03:40.960 hasn't been used very often. Really, this law has only 46 00:03:40.960 --> 00:03:42.840 ever and by the way this law has passed in the. 47 00:03:42.840 --> 00:03:46.039 Eighteenth century, like late seventeen hundreds. 48 00:03:46.680 --> 00:03:50.639 This law has only actually been used up to now 49 00:03:51.800 --> 00:03:57.080 in situations where the United States was in a declared 50 00:03:57.680 --> 00:04:04.919 war with another country. Okay, so I think it was 51 00:04:05.000 --> 00:04:08.800 used in one of the World wars. It was, Yeah, 52 00:04:08.840 --> 00:04:12.280 so it it's only use up to this point has 53 00:04:12.360 --> 00:04:16.600 been in a situation where there was an actual declaration 54 00:04:16.680 --> 00:04:18.720 of war and the United States was in a state 55 00:04:18.800 --> 00:04:19.800 of war with somebody. 56 00:04:21.800 --> 00:04:25.480 We are not in a state of war with trend 57 00:04:25.519 --> 00:04:28.079 de Aragua. And you say, oh, we're fighting this war 58 00:04:28.160 --> 00:04:35.079 against drugs and we're fighting this war against illegal immigration, 59 00:04:35.199 --> 00:04:36.519 they are well. 60 00:04:36.399 --> 00:04:39.680 Okay, yeah, in a metaphorical sense, if you want to 61 00:04:39.680 --> 00:04:41.720 say we're at war, okay, that's fine, but that's not 62 00:04:42.079 --> 00:04:45.600 the legal war is an actual term that has an 63 00:04:45.600 --> 00:04:46.560 actual legal meaning. 64 00:04:46.560 --> 00:04:48.600 It requires a certain kind of congressional action. 65 00:04:49.800 --> 00:04:53.000 Now, this doesn't mean that it can't only be used 66 00:04:53.120 --> 00:04:56.279 in a time when the United States is in declared 67 00:04:56.600 --> 00:04:59.680 war with another entity. That's just the only times it 68 00:04:59.680 --> 00:05:03.279 has been used. So I'm keeping things open to that, 69 00:05:08.399 --> 00:05:11.600 but there are a lot of questions here. First of all, 70 00:05:11.680 --> 00:05:14.519 do we know these guys are actually quote members of 71 00:05:14.759 --> 00:05:20.240 trendy Aragua. That's a good question. One of the reporting 72 00:05:20.279 --> 00:05:21.839 that's come out is that some of these guys who 73 00:05:21.839 --> 00:05:23.800 were being deported had not actually been charged with the 74 00:05:23.839 --> 00:05:29.279 crime yet, They hadn't had any notice or any sort 75 00:05:29.279 --> 00:05:33.639 of like hearing about establishing are these guys actually members 76 00:05:33.720 --> 00:05:35.519 of trendy Arragua. 77 00:05:39.519 --> 00:05:45.800 So, and it's also the other sort of situation. 78 00:05:45.399 --> 00:05:49.600 Where people would say, okay, well it would be appropriate 79 00:05:49.720 --> 00:05:51.279 to utilize. 80 00:05:50.720 --> 00:05:51.959 The Alien Enemies Act. 81 00:05:52.120 --> 00:05:54.439 Maybe you know, we haven't gotten to a point where 82 00:05:54.439 --> 00:05:58.879 war has actually been declared yet, but you know, we've 83 00:05:58.879 --> 00:06:01.519 had an invasion and Congress hasn't had time to act. 84 00:06:01.519 --> 00:06:03.879 Well. First of all, Congress has had plenty of time 85 00:06:03.879 --> 00:06:06.360 to act. These illegal aliens have been coming into the 86 00:06:06.360 --> 00:06:10.759 country for a long time. But also. 87 00:06:13.399 --> 00:06:19.240 Basically that there's so you could potentially say that, well, 88 00:06:19.279 --> 00:06:22.839 they're invading the country, so we can start utilizing it. 89 00:06:23.319 --> 00:06:25.079 Congress hasn't had time to act well. First of all, 90 00:06:25.079 --> 00:06:28.160 Congress has had time. Deck Secondly, I guess I'm a 91 00:06:28.160 --> 00:06:32.920 little unsure about the idea that trendy Aragua was engaged 92 00:06:32.959 --> 00:06:37.560 in an invasion in the way that you know, I 93 00:06:37.560 --> 00:06:44.399 don't know, Germany invaded France. Those are pretty clear, like 94 00:06:44.639 --> 00:06:49.120 that's a different kind of whatever kind of invasion illegal 95 00:06:49.160 --> 00:06:52.399 alien gangs are doing into the United States. And it 96 00:06:52.480 --> 00:06:54.519 is very bad, and I don't like it, and I 97 00:06:54.519 --> 00:06:57.839 think it's horrible. It's not really an invasion in the 98 00:06:57.839 --> 00:07:00.000 same sense that you would normally think of an invasion 99 00:07:00.639 --> 00:07:05.959 that we would normally understand it. Part of President Trump's 100 00:07:06.560 --> 00:07:09.720 sort of executive order that led to this, he said, 101 00:07:09.800 --> 00:07:13.199 I find in declare that Trende Aragua is perpetu is perpetrating, 102 00:07:13.240 --> 00:07:17.920 attempting and threatening an invasion or predatory incursion against the 103 00:07:18.000 --> 00:07:25.079 territory of the United States. Trende Aragua is undertaking hostile 104 00:07:25.120 --> 00:07:28.319 actions and conducting irregular warfare against the territory of the 105 00:07:28.399 --> 00:07:31.319 United States, both directly and at the direction, clandestine or 106 00:07:31.360 --> 00:07:33.720 otherwise of the Maduro regime in Venezuela. 107 00:07:33.800 --> 00:07:37.439 Okay, So there might be some. 108 00:07:37.959 --> 00:07:40.759 Sort of argument for this, And this is one of 109 00:07:40.800 --> 00:07:43.439 the things that I've realized in doing like legal analysis 110 00:07:43.480 --> 00:07:49.000 of news stories in the Trump era, it's hard to 111 00:07:49.079 --> 00:07:52.720 talk about it intelligently, because basically the initial gut instinct 112 00:07:52.879 --> 00:07:56.600 of any mainstream legal analysis is going to be anti Trump, 113 00:07:58.160 --> 00:08:01.000 and usually there's a little bit more to the Trump 114 00:08:01.040 --> 00:08:10.759 position than you would expect. So yesterday there was an 115 00:08:10.920 --> 00:08:17.360 oral argument about all of this, where the Trump lawyers, 116 00:08:17.360 --> 00:08:20.120 the lawyers from the Department of Justice, were trying to 117 00:08:20.160 --> 00:08:24.600 explain their actions in front of a three judge federal 118 00:08:24.600 --> 00:08:27.879 appellate court panel from the DC Circuit, and some of 119 00:08:27.879 --> 00:08:31.839 the issues involved were at place. So the first was 120 00:08:31.920 --> 00:08:35.639 the question of Okay, you're deporting all these guys, how 121 00:08:35.639 --> 00:08:39.360 are you identifying them as actually being quote, members of 122 00:08:39.440 --> 00:08:44.360 trendey aarragua. Have you firmly identified them as members of 123 00:08:44.399 --> 00:08:51.720 trende Aragua. Secondly, do these guys whom you've so identified, 124 00:08:53.360 --> 00:08:55.360 do they have the right to any kind of review 125 00:08:55.600 --> 00:08:58.919 of your decision to classify them as members of trende Aragua? 126 00:09:01.480 --> 00:09:04.200 Are they entitled to judicial review? And the Trump the 127 00:09:04.279 --> 00:09:12.919 DOJ attorney Drew Ensign acknowledged through gritted teeth that yes, 128 00:09:13.360 --> 00:09:19.799 they are entitled to judicial review. So even the Trump 129 00:09:19.840 --> 00:09:25.159 attorneys have admitted, okay, they're entitled to contest the administration 130 00:09:25.360 --> 00:09:32.200 classifying them as members of trend A Ragua, but ensign 131 00:09:32.320 --> 00:09:35.399 is refusing to concede that they're entitled to any kind 132 00:09:35.440 --> 00:09:40.080 of notice that they can contest, or notice that the 133 00:09:40.120 --> 00:09:44.360 administration thinks they're covered by the proclamation before they're deported. 134 00:09:46.000 --> 00:09:47.919 Which is a weird position to take. 135 00:09:47.960 --> 00:09:50.600 I mean, usually if you think someone is entitled to 136 00:09:50.679 --> 00:09:54.159 contest some legal designation of themselves, they'd be entitled to 137 00:09:54.159 --> 00:09:57.360 some sort of notice that they've been so identified and 138 00:09:57.399 --> 00:10:01.799 that they can contest it. The Trump lawyers are sort 139 00:10:01.799 --> 00:10:03.360 of trying to have their cake and eat it too. 140 00:10:06.879 --> 00:10:10.879 But then there's sort of this broader question of why 141 00:10:10.919 --> 00:10:14.759 are the courts involved at all? On one level, I 142 00:10:14.799 --> 00:10:23.799 totally understand that critique. Okay, a series you know, foreign policy, 143 00:10:25.200 --> 00:10:34.120 international control over security, control over security, immigration through a 144 00:10:34.159 --> 00:10:36.120 series of Supreme Court cases. All of that is within 145 00:10:36.159 --> 00:10:38.039 the reserve of the federal government. All that is within 146 00:10:38.200 --> 00:10:41.919 the reserve of the presidency. Foreign policy is within the 147 00:10:41.919 --> 00:10:44.799 control of the presidency. The idea that if these if 148 00:10:44.799 --> 00:10:49.080 this trend Iragua gang is affiliated with the Maduro regime 149 00:10:49.120 --> 00:10:52.039 in Venezuela, and I have no reason to question that, 150 00:10:55.080 --> 00:10:57.879 then the president acting in defense of the country seems 151 00:10:57.960 --> 00:11:02.399 like a very squarely executive funk. Well, the problem is 152 00:11:02.519 --> 00:11:07.279 that this is a statute that the president is invoking. Here, 153 00:11:07.600 --> 00:11:14.559 he's not actually invoking his inherent constitutional authority. He's invoking 154 00:11:14.600 --> 00:11:19.360 a statute something that was passed by Congress, signed into 155 00:11:19.440 --> 00:11:30.799 law by a president. Now, as a result, it seems 156 00:11:30.919 --> 00:11:35.000 difficult for them to argue that this isn't something that 157 00:11:35.039 --> 00:11:37.879 could be subject to judicial review. Okay, If it's a 158 00:11:37.919 --> 00:11:41.399 statute that was passed by Congress saying the president may 159 00:11:43.200 --> 00:11:50.399 expel from the country this class of persons, well, I 160 00:11:50.440 --> 00:11:52.279 don't see how that won't be subject to some kind 161 00:11:52.279 --> 00:11:58.960 of judicial review. Like, okay, is this does this person 162 00:11:59.000 --> 00:12:01.320 fit within that class of persons that Congress says can 163 00:12:01.399 --> 00:12:06.440 be expelled? Is there some sort of opportunity to have 164 00:12:06.480 --> 00:12:08.559 a hearing about this? I mean, the Trump administration has 165 00:12:08.600 --> 00:12:10.519 had to begrudgingly say yes, they have a right to 166 00:12:10.559 --> 00:12:16.639 a hearing, but not any right to notice. 167 00:12:14.480 --> 00:12:15.200 On and on and on. 168 00:12:16.720 --> 00:12:19.480 You have to make sure that if Congress has given 169 00:12:19.559 --> 00:12:25.799 the presidency the power to expel this group of people 170 00:12:25.840 --> 00:12:29.960 from the country, we have to be sure that the 171 00:12:30.000 --> 00:12:33.279 people the president is expelling actually fit. 172 00:12:33.440 --> 00:12:33.759 Okay. 173 00:12:33.840 --> 00:12:38.360 If I don't know if the United States was at 174 00:12:38.399 --> 00:12:42.519 war with Italy during World War II. Was every Italian 175 00:12:42.679 --> 00:12:47.360 American a fit person to be expelled under this law? 176 00:12:47.399 --> 00:12:51.080 That might have been an abuse of the law. Italian 177 00:12:51.120 --> 00:12:53.720 Americans would have been able to try and contest it. 178 00:12:54.600 --> 00:12:56.399 Maybe they should have been able to try and contest it. 179 00:12:56.600 --> 00:12:56.799 Now. 180 00:12:56.799 --> 00:13:01.440 Obviously, these particular guys whom Trump is deporting fairly certain 181 00:13:01.519 --> 00:13:06.320 seem like very very bad guys. But he's doing it 182 00:13:06.440 --> 00:13:12.399 under the auspices of this certain law, then I think 183 00:13:13.039 --> 00:13:15.039 he has to be open to some sort of review. 184 00:13:19.919 --> 00:13:23.759 So there has to be It seems like there. 185 00:13:23.679 --> 00:13:26.799 Is an admission from the Trump people that some sort 186 00:13:26.840 --> 00:13:29.480 of due process has to be followed. It can't just 187 00:13:29.559 --> 00:13:33.200 be the Trump administration designates these guys that way, they 188 00:13:33.200 --> 00:13:38.120 deport the guys, the guys have no opportunity for a hearing. 189 00:13:38.159 --> 00:13:45.799 That's apparently that's not it. So whether. 190 00:13:47.200 --> 00:13:50.240 The Trump administration is acting rightly here is one question. 191 00:13:50.679 --> 00:13:55.039 The other question, though, is does a federal judge really 192 00:13:55.159 --> 00:14:01.720 have the authority to tell the president to basically to 193 00:14:02.000 --> 00:14:11.159 review and overturn the president's decisions here? It seems a 194 00:14:11.200 --> 00:14:14.000 little difficult. And when we get back, when we return, 195 00:14:14.039 --> 00:14:16.879 I'm going to discuss it about the whole concept of 196 00:14:17.120 --> 00:14:22.399 judicial review and whether that would apply in a situation 197 00:14:22.799 --> 00:14:26.000 like this. Now, I think what the outcome of this 198 00:14:26.080 --> 00:14:29.360 is going to be is the DC Circuit is probably 199 00:14:29.360 --> 00:14:31.960 going to say, no, you need to have a hearing 200 00:14:32.120 --> 00:14:37.919 to establish whether or not these guys are actually members of. 201 00:14:37.879 --> 00:14:39.159 This criminal entity. 202 00:14:39.200 --> 00:14:41.320 And probably what will happen is the Trump administration will 203 00:14:41.320 --> 00:14:44.440 find some other legal avenue for deporting these guys that'll 204 00:14:44.480 --> 00:14:48.440 be simpler. So when we return, I want to talk 205 00:14:48.480 --> 00:14:50.960 about do judges really have this power? And has the 206 00:14:50.960 --> 00:14:54.039 Trump administration, by kind of blowing off the District Court 207 00:14:54.120 --> 00:14:57.840 judge here enacted a quote constitutional crisis. That's next on 208 00:14:57.840 --> 00:15:00.759 the John Groardy Show. One of the weird things about 209 00:15:00.799 --> 00:15:03.679 looking at this question of can President Trump deport these 210 00:15:03.720 --> 00:15:09.759 illegal aliens? Well, these persons from Venezuela, whom the Trump 211 00:15:09.799 --> 00:15:13.440 administration has designated as terrorists and members of the trend 212 00:15:13.480 --> 00:15:18.759 de Aragua gang affiliated with the Maduro regime. One of 213 00:15:18.759 --> 00:15:22.639 the thorny questions about it is that they are doing so. 214 00:15:22.759 --> 00:15:27.320 They are deporting these people under the auspices of the 215 00:15:27.360 --> 00:15:30.960 Alien Enemies Act, a law that was passed in seventeen 216 00:15:31.200 --> 00:15:37.840 ninety eight that authorizes the president to deport people who 217 00:15:38.080 --> 00:15:42.679 are members who are alien enemies if the United States 218 00:15:42.720 --> 00:15:46.519 has been invaded or subject to some sort of enemy 219 00:15:46.600 --> 00:15:51.360 incursion or is at war or something. Now, that's sort 220 00:15:51.360 --> 00:15:53.360 of the examples of times when it could be used. 221 00:15:53.399 --> 00:15:56.200 I don't know if it's an exhaustive list of examples. 222 00:15:57.639 --> 00:15:59.759 Is the way that trend de Aragua has infiltrated the 223 00:15:59.799 --> 00:16:02.919 Unia States? Is that an invasion in the same sense 224 00:16:03.080 --> 00:16:09.200 up for debate. However, it's a little dicey thinking that 225 00:16:09.240 --> 00:16:12.679 a federal judge has the authority, has the right to 226 00:16:12.720 --> 00:16:16.559 just tell the Trump administration, no, you can't do that. No, 227 00:16:16.720 --> 00:16:20.799 your determination about who is an alien and enemy alien 228 00:16:20.840 --> 00:16:21.039 for the. 229 00:16:21.000 --> 00:16:24.879 Purposes of this law is subject to judicial review. 230 00:16:25.519 --> 00:16:30.840 Why well, the whole concept of judicial review didn't even 231 00:16:30.879 --> 00:16:35.360 get established until five years after the Alien Enemies Act 232 00:16:35.440 --> 00:16:38.120 was passed. So the Alien Enemies Act was passed in 233 00:16:38.120 --> 00:16:43.559 seventeen ninety eight Marberry versus Madison. The Supreme Court decision 234 00:16:43.600 --> 00:16:47.200 that really established the whole concept of judicial review. 235 00:16:48.320 --> 00:16:52.519 Wasn't until eighteen oh three. 236 00:16:53.120 --> 00:16:57.120 And judicial review is the sort of concept within American 237 00:16:57.240 --> 00:17:03.600 law that the courts and ultimately the Supreme Court has 238 00:17:03.679 --> 00:17:14.559 the right authority to review laws passed by Congress, actions 239 00:17:15.240 --> 00:17:19.640 affected by the executive and to determine if they are 240 00:17:19.720 --> 00:17:24.839 consistent with the Constitution or with federal law, to issue 241 00:17:24.839 --> 00:17:28.519 determinations on the same, and to expect that those determinations 242 00:17:29.559 --> 00:17:35.920 be obeyed by the executive And honestly, it's a little 243 00:17:35.960 --> 00:17:38.519 bit of a lacuna, a little bit of a gap 244 00:17:38.759 --> 00:17:42.799 within our constitutional order, because, as Andrew Jackson once said 245 00:17:42.799 --> 00:17:48.359 about one court decision that he didn't like, the Supreme 246 00:17:48.359 --> 00:17:52.599 Court has issued its decision, let them enforce it. The 247 00:17:52.640 --> 00:17:58.480 courts rely upon the good will of the executive branch 248 00:18:00.039 --> 00:18:06.359 and the executive branch acquiescing in order for their judicial 249 00:18:06.359 --> 00:18:10.160 determinations to actually be binding. Okay, the Supreme Court can 250 00:18:10.200 --> 00:18:16.880 issue an injunction saying don't do this. If the actor 251 00:18:16.920 --> 00:18:19.119 that they say don't do this to still does it, 252 00:18:20.359 --> 00:18:24.559 then that actor would need to get arrested, prosecuted, whatever, 253 00:18:24.599 --> 00:18:28.799 by the executive branch for defying a court order. Well, 254 00:18:28.920 --> 00:18:31.640 what if that person who received that injunction is the 255 00:18:31.680 --> 00:18:35.039 executive branch itself? What if that person is the president himself? 256 00:18:36.799 --> 00:18:40.000 The president would have to the president effectively when he's 257 00:18:40.079 --> 00:18:42.720 told no by the Supreme Court has to sort of 258 00:18:42.839 --> 00:18:50.880 voluntarily agree that he is not going to do that thing. Now, 259 00:18:50.960 --> 00:18:52.759 I'm not saying this is right or wrong. I'm not 260 00:18:52.799 --> 00:18:57.720 saying Marberry versus madisone is right or wrong. But it 261 00:18:57.799 --> 00:19:01.160 is the system that we have, the system that is 262 00:19:01.200 --> 00:19:06.400 currently operative within our constitutional order. And there are some 263 00:19:06.480 --> 00:19:09.200 decent argument, I think good arguments for saying that it's 264 00:19:09.240 --> 00:19:16.119 an important development of our constitution. I think there's a 265 00:19:16.119 --> 00:19:20.319 little bit of naivete of thinking that in any constitutional 266 00:19:20.440 --> 00:19:26.480 order that well, Marbury versus Madison was after the Constitution, 267 00:19:26.519 --> 00:19:31.680 it's not original. Well, okay, any constitutional order is going 268 00:19:31.720 --> 00:19:34.359 to change develop over time. 269 00:19:37.000 --> 00:19:38.839 What exactly is the role of the courts? 270 00:19:39.119 --> 00:19:40.920 If the courts are just totally not to be listened 271 00:19:40.960 --> 00:19:43.000 to and the executive can totally blow them off, what 272 00:19:43.480 --> 00:19:44.480 are we talking. 273 00:19:44.240 --> 00:19:47.640 About here now? 274 00:19:48.680 --> 00:19:50.640 In spite of that, though, I think it is important 275 00:19:50.640 --> 00:19:52.839 for this Alien Enemies Act situation. 276 00:19:53.240 --> 00:19:54.160 The Supreme Court. 277 00:19:54.160 --> 00:19:58.720 You know, Alien Enemies Act was passed before judicial review 278 00:19:58.799 --> 00:20:03.240 was even really a staff published. So when Congress passed 279 00:20:03.279 --> 00:20:05.559 the Alien Enemies Act, did they think that the president's 280 00:20:05.559 --> 00:20:08.279 decision about this would be subject to review by a 281 00:20:08.319 --> 00:20:11.079 bunch of courts and courts saying, well, did you actually 282 00:20:11.160 --> 00:20:14.720 correctly identify this person as an alien enemy? Does this 283 00:20:14.759 --> 00:20:18.880 person should have a hearing? And notice that within our 284 00:20:19.039 --> 00:20:25.000 modern constitutional order as it exists today. Sure, it totally 285 00:20:25.000 --> 00:20:27.240 makes sense, and I'm sure that's actually that that's going 286 00:20:27.319 --> 00:20:30.400 to be the ruling from the DC Circuit. And you know, 287 00:20:32.920 --> 00:20:35.920 maybe the Trump administration could have thought of a better system. 288 00:20:36.000 --> 00:20:38.400 Maybe they figured this would be a quick way to 289 00:20:38.400 --> 00:20:42.519 get these aliens deported. It turned out maybe not to 290 00:20:42.559 --> 00:20:52.720 be such a quick way. But I think this is 291 00:20:52.799 --> 00:20:55.400 where we're starting to push up against the idea of 292 00:20:55.440 --> 00:20:58.599 a quote constitutional crisis. The left saying that Trump is 293 00:20:58.599 --> 00:21:01.920 initiating a constitutional crisis, the right saying that these judges 294 00:21:01.960 --> 00:21:04.920 are initiating constitutional crises. And I'll get to that when 295 00:21:04.920 --> 00:21:09.440 we return on the John Girardi Show. Are we facing 296 00:21:09.480 --> 00:21:15.119 a constitutional crisis? So the left is saying that Trump 297 00:21:15.200 --> 00:21:19.519 is initiating a constitutional crisis? Why Trump tried to deport 298 00:21:19.599 --> 00:21:23.759 these Venezuelans who the administration said were members of Trend 299 00:21:23.799 --> 00:21:28.119 de Aragua. This is a criminal gang from Venezuela. 300 00:21:28.200 --> 00:21:30.279 They have some affiliation with the Maduro regime. 301 00:21:31.079 --> 00:21:34.000 The Trump administrations characterizing them as terrorists and saying that 302 00:21:34.000 --> 00:21:38.519 they're enemy aliens for the purposes of the Alien Enemies Act, 303 00:21:38.680 --> 00:21:43.680 a seventeen ninety eight law which the Trump administration utilized 304 00:21:43.680 --> 00:21:45.640 to claim they had the authority to deport these guys. 305 00:21:46.960 --> 00:21:51.640 The Federal District Court judge in DC said, Hey, you 306 00:21:51.680 --> 00:21:56.160 got to stop these deportations because you haven't demonstrated that 307 00:21:56.200 --> 00:21:57.839 these guys are actually alien enemy. 308 00:21:58.200 --> 00:22:00.759 Have you demonstrated these guys are actually members of this group. 309 00:22:01.839 --> 00:22:03.960 I don't know who these lawyers are who like fleeing 310 00:22:04.000 --> 00:22:07.160 to the defense of these gangbangers, but yeah, I guess everyone. 311 00:22:07.839 --> 00:22:08.200 I don't know. 312 00:22:08.240 --> 00:22:11.720 Maybe they just hate the Trump administration and hate Trump 313 00:22:11.720 --> 00:22:16.759 administration immigration policies. Anyway, the court says, hey, you need 314 00:22:16.799 --> 00:22:19.920 to have some kind of hearing first to determine. You 315 00:22:20.000 --> 00:22:21.599 need some sort of hearing to determine these guys are 316 00:22:21.599 --> 00:22:24.599 actually members of trend Arragua. Some of these guys don't 317 00:22:24.599 --> 00:22:28.559 even actually have a criminal charge against them, so you know, 318 00:22:28.599 --> 00:22:31.079 you got to have some sort of hearing. The judge 319 00:22:31.079 --> 00:22:35.079 issues that ruling and the Trump administrations is up too late. 320 00:22:35.160 --> 00:22:36.839 The flights have already left to deport them. 321 00:22:37.279 --> 00:22:40.519 Well, now there's some factual dispute over that, well, some 322 00:22:40.599 --> 00:22:43.599 of the flights were still in air and presumably could 323 00:22:43.640 --> 00:22:45.519 have turned around some. 324 00:22:45.440 --> 00:22:45.920 Of the flights. 325 00:22:45.920 --> 00:22:48.119 Apparently there's some evidence some of the flights had not 326 00:22:48.200 --> 00:22:51.400 even taken off yet and that they So the question is, 327 00:22:51.759 --> 00:22:58.839 did the Trump administration ignore the judge's order, and by 328 00:22:58.920 --> 00:23:06.119 ignoring a federal court order, does that initiate a constitutional crisis. 329 00:23:07.160 --> 00:23:11.920 On the other hand, conservatives have I think very rightly 330 00:23:12.039 --> 00:23:16.880 pointed out a bunch of federal district court judges have 331 00:23:17.039 --> 00:23:22.640 issued completely absurd rulings to try to block and stop 332 00:23:22.839 --> 00:23:27.759 various executive actions that I think are very squarely within 333 00:23:27.839 --> 00:23:34.200 executive power. You had federal district court judges angrily trying 334 00:23:34.240 --> 00:23:38.400 to order the Trump administration not to cut DEI programs 335 00:23:38.400 --> 00:23:40.440 and having ridiculous rulings where they say. 336 00:23:40.279 --> 00:23:42.359 DEI programs are wonderful, where. 337 00:23:42.160 --> 00:23:44.920 It's like that is totally not your role as a 338 00:23:45.000 --> 00:23:47.720 judge to talk about how good or bad a law is. 339 00:23:47.759 --> 00:23:50.759 Your job is to look at whether the law is 340 00:23:50.839 --> 00:23:54.480 lawful or whether the executive action to cut such a 341 00:23:54.480 --> 00:23:55.880 program is lawful. 342 00:23:57.680 --> 00:24:00.839 The rulings by these judges about. 343 00:24:01.640 --> 00:24:04.160 Whether the Trump administration has the authority to fire people 344 00:24:04.240 --> 00:24:08.400 or cut off spending all this stuff that seems, many 345 00:24:08.480 --> 00:24:11.839 of which has been so squarely within the power of 346 00:24:11.880 --> 00:24:15.160 the executive branch, and you have one individual federal district 347 00:24:15.200 --> 00:24:20.960 court judge issuing a ruling to shut off, to completely 348 00:24:21.079 --> 00:24:28.519 halt a Trump administration policy for the whole nation. 349 00:24:30.599 --> 00:24:31.359 Has been disaster. 350 00:24:31.480 --> 00:24:35.039 I mean, even like the Trump administration said, we're going 351 00:24:35.079 --> 00:24:37.400 to cut off this two billion dollars of USAID funding 352 00:24:37.480 --> 00:24:41.839 that's flowing, this federal district court judge issued a TRO saying, no, 353 00:24:42.000 --> 00:24:48.759 you have to spend the money, which, by the way, 354 00:24:48.960 --> 00:24:53.880 for a temporary restraining order a TRO. The idea of 355 00:24:53.920 --> 00:24:57.160 a TRO is no hold. It's a hold on a 356 00:24:57.200 --> 00:25:01.440 minute ruling from a judge. An action is happening that 357 00:25:01.559 --> 00:25:04.279 someone is claiming violates their rights. The judge issues a 358 00:25:04.319 --> 00:25:07.319 TRO to say stop the action. Just stop the action 359 00:25:07.440 --> 00:25:10.960 for a second until we have the ability to review this. 360 00:25:13.000 --> 00:25:16.759 So it's usually to prevent action from happening. That's usually 361 00:25:16.759 --> 00:25:19.680 what an injunction is or a restraining order is to 362 00:25:19.720 --> 00:25:22.720 stop action from happening. Stay at the status quo. 363 00:25:24.240 --> 00:25:27.960 Well, when you're talking about spending money, the status quo is, 364 00:25:28.039 --> 00:25:31.559 don't spend the money. The judge issues this toro to 365 00:25:32.000 --> 00:25:37.160 say no, the money must affirmatively be spent at which 366 00:25:37.200 --> 00:25:39.519 time the horse is out of the barn. The legal 367 00:25:39.519 --> 00:25:43.200 issue becomes moot because the judge, in his apparently temporary 368 00:25:43.240 --> 00:25:51.079 restraining order, ordered an affirmative act to let again, to 369 00:25:51.160 --> 00:25:53.480 let the horse out of the barn. Now, there's no 370 00:25:53.599 --> 00:25:56.279 point in having a lawsuit because you've you've just issued 371 00:25:56.279 --> 00:25:57.079 a determination of it. 372 00:25:57.079 --> 00:25:58.599 That's not what a tro is supposed to be. 373 00:25:59.279 --> 00:26:03.440 So these fa over by the way, foreign aid spending, 374 00:26:03.480 --> 00:26:06.400 the direction of foreign aid spending something that seems squarely 375 00:26:06.440 --> 00:26:12.200 within the responsibility of the president who directs our foreign policy. 376 00:26:12.960 --> 00:26:16.799 So on the one hand, you have liberals saying Trump 377 00:26:16.839 --> 00:26:20.480 has initiated a constitutional crisis because. 378 00:26:20.160 --> 00:26:21.880 He ignored this ruling from this judge. 379 00:26:21.920 --> 00:26:25.039 On the other hand, you have Trump saying, by the way, 380 00:26:25.079 --> 00:26:28.279 I think the Trump people, those of us on the right, 381 00:26:28.480 --> 00:26:31.759 are totally correct that these federal district court judges are 382 00:26:31.799 --> 00:26:38.400 initiating are trying to prompt a constitutional crisis because they 383 00:26:38.400 --> 00:26:41.079 are like begging the Trump administration. 384 00:26:42.640 --> 00:26:45.920 To disobey their rulings. 385 00:26:47.519 --> 00:26:52.599 Now, is Trump initiating a constitutional crisis by ignoring this 386 00:26:52.599 --> 00:26:55.799 federal district court judge what people mean by constitutional crisis. 387 00:26:55.839 --> 00:26:57.519 I keep saying that word. What does it mean? Okay? 388 00:26:58.680 --> 00:27:01.920 Right now, as are institution stands, as it's interpreted, as 389 00:27:01.960 --> 00:27:06.000 it functions, we have this process called judicial review. That 390 00:27:06.119 --> 00:27:11.240 means that Congress passes a law, President enforces a law, and. 391 00:27:11.200 --> 00:27:14.039 The courts are able to review. 392 00:27:15.240 --> 00:27:19.240 Either laws passed by Congress to see if they are 393 00:27:19.279 --> 00:27:23.920 consistent with the Constitution itself, or they can review actions 394 00:27:23.960 --> 00:27:27.440 by the executive to determine if those actions by the 395 00:27:27.440 --> 00:27:33.920 executive are consistent with laws passed by Congress, regulations passed 396 00:27:33.920 --> 00:27:38.079 by the executive itself, or with the Constitution itself. The 397 00:27:38.160 --> 00:27:44.000 court's role is to review judicial review of actions by 398 00:27:44.039 --> 00:27:48.440 the government or laws passed by Congress, with the expectation 399 00:27:48.680 --> 00:27:53.720 that those rulings by those judges will be followed, even 400 00:27:53.880 --> 00:27:59.519 when those rulings are against the president against the executive. Now, 401 00:27:59.559 --> 00:28:01.240