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<v Speaker 1>I realized that I might be one or two liberal

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<v Speaker 1>slash media freakouts late to this, But I want to

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<v Speaker 1>talk a little bit about Elon Musk, the role he's playing,

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<v Speaker 1>and the sort of outrage over his position and stuff

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<v Speaker 1>he's doing. It seems clear that the Democrats have just

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<v Speaker 1>sort of settled on this as their big talking point.

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<v Speaker 1>Fear mongering about Elon Musk, talking about how terrible Elon

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<v Speaker 1>Musk is. That's the big talking point. And I feel

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<v Speaker 1>like it is symptomatic of the rudderless state of the

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<v Speaker 1>Democratic Party. They don't really have a true leader. They

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<v Speaker 1>don't really have particularly smart or intelligent or outside the

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<v Speaker 1>box messaging or thinking. All they have is sort of

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<v Speaker 1>the blob of millennial political concerts who did a terrible

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<v Speaker 1>job running the Biden and Harris campaigns, So they don't

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<v Speaker 1>really know where to turn. The country has taken sort

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<v Speaker 1>of this anti DEI turn, this anti trans ideology turn,

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<v Speaker 1>and it seems like the Democrats are not catching up.

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<v Speaker 1>Trump's approval numbers are actually pretty good. He's still sort

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<v Speaker 1>of in the honeymoon phase of his early presidency, and

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<v Speaker 1>I think a lot of the things that they are

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<v Speaker 1>most freaking out over early in the presidency the tariffs

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<v Speaker 1>controversy with Mexico and Canada that I just don't think

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<v Speaker 1>a lot of Trump voters really care that much about

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<v Speaker 1>or are very worried about. They're like, Okay, let's just

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<v Speaker 1>see where this goes. Tariffs are the kind of thing

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<v Speaker 1>that Washington people get really upset about, and probably it's

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<v Speaker 1>just not the kind of thing that I think phils

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<v Speaker 1>down to your average Joe to really get his engine

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<v Speaker 1>revved up about. So the fact that they were trying

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<v Speaker 1>to make this big stick.

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<v Speaker 2>How dare Trump attack our northern neighbors or Canada and

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<v Speaker 2>Mexico with these tariffs, which clearly Trump was using them

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<v Speaker 2>instrumentally at not as like actually wanting to use them.

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<v Speaker 1>You wanted to squeeze various kinds of concessions out of

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<v Speaker 1>Canada and Mexico for additional border security enhancements. He managed

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<v Speaker 1>to get some concessions. How significant, I'm not sure, but

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<v Speaker 1>he certainly got some concessions out of them for just

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<v Speaker 1>a one month delay in applying those tariffs. Anyway they

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<v Speaker 1>focused on, I think they focused on a lot of

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<v Speaker 1>things that are not really gonna resonate very much with

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<v Speaker 1>the electorate. As a whole, and I think Elon Musk

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<v Speaker 1>is one of those things. I just don't think Elon

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<v Speaker 1>Musk is that unpopular. He's disliked by Democrats right now,

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<v Speaker 1>but I don't know how much independence and moderates dislike him.

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<v Speaker 1>I think a lot of people actually kind of think

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<v Speaker 1>he's cool. You know, he's the CEO of the coolest car,

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<v Speaker 1>the hottest car company in America. He does all kinds

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<v Speaker 1>of weird stuff with space exploration. You know, he goes

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<v Speaker 1>on the Joe Rogan podcasts and smokes dubes. I think

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<v Speaker 1>a lot of people think he's cool. I don't like

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<v Speaker 1>the smoking dubes part, but I just don't the Democrats,

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<v Speaker 1>I think, have this sense that this evil billionaire is

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<v Speaker 1>taking over the government and doing these horrible things. Now,

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<v Speaker 1>let me sort of explain, because I think a lot

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<v Speaker 1>of people have this outrage of like Elon Musk has

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<v Speaker 1>no authority to cancel spending, blah blah blah. All right,

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<v Speaker 1>so let me kind of describe a literate little bit

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<v Speaker 1>what I think is the sort of theoretical structure of

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<v Speaker 1>what Musk is doing and et cetera. So Musk has

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<v Speaker 1>clearly been basically what happened was There is this entity

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<v Speaker 1>called the Executive Office of the President, the Executive Office

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<v Speaker 1>of the President of the United States. This is a

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<v Speaker 1>series of offices and agencies that support the work of

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<v Speaker 1>the president within the executive branch. So these are people

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<v Speaker 1>who directly assist and support the president's work as executive

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<v Speaker 1>sort of advisors. It includes things like the White House Office,

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<v Speaker 1>which is the staff who work directly with the president,

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<v Speaker 1>including West Wing staff, the National Security Council, the Homeland

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<v Speaker 1>Security Council, the Office of Management and Budget, the Council

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<v Speaker 1>of Economic Advisors. Now, the head of the Executive Office

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<v Speaker 1>of the President is the White House Chief of Staff

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<v Speaker 1>in this case Susie Susie Biles or Susie Wiles. I

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<v Speaker 1>can't remember her name, Susie Wiles. There we go. So

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<v Speaker 1>this is Most of these positions are not treated as quote,

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<v Speaker 1>officers of the United States. Most of the people who

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<v Speaker 1>work in this are not officers of the United States,

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<v Speaker 1>meaning they don't themselves enforce any kind of law. They're

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<v Speaker 1>not tasked by the President with actually enforcing some aspect

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<v Speaker 1>of the law. They are not, as a result, subject

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<v Speaker 1>to confirmation by the Senate. There are a few exceptions

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<v Speaker 1>to this, So I believe the head of the Office

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<v Speaker 1>of Management and Budget is subject to confirmation by the

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<v Speaker 1>Senate couple maybe like one or two other officials. Let's see, I've.

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<v Speaker 2>Got a.

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<v Speaker 1>Reading through this. Yeah, the Director of the Office of

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<v Speaker 1>Management and Budget, the chair of the Council of Economic Advisors,

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<v Speaker 1>and the US Trade Representative. They are the few exceptions

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<v Speaker 1>to the rule that they are actually subject to Senate confirmation,

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<v Speaker 1>but no one else is. One of the offices within

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<v Speaker 1>the Executive Office of the President that was set up

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<v Speaker 1>under Barack Obama was this thing called the United States

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<v Speaker 1>Digital Service, and the idea of the United States Digital Service,

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<v Speaker 1>I think it was set up by Obama to try

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<v Speaker 1>to improve government websites and stuff like that. Trump basically

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<v Speaker 1>took this and renamed it the Department of Government Efficiency.

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<v Speaker 1>Now that has led to some angst because the word

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<v Speaker 1>department has a certain meaning within the structure of the

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<v Speaker 1>executive branch. A department is usually a larger and more

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<v Speaker 1>significant division of the federal government created by congressional statute

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<v Speaker 1>that has a Senate confirmed secretary who is a member

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<v Speaker 1>of the President's cabinet. So the Department of Homeland Security,

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<v Speaker 1>the Department of Health and Human Services, the Department of Defense.

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<v Speaker 1>The Department of Government Efficiency that Elon Musk is running

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<v Speaker 1>is not like that. It was really only named that

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<v Speaker 1>as a joke acronym. This is Elon Musk's weird, kind

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<v Speaker 1>of dumb sense of humor. The phrase doge was some

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<v Speaker 1>kind of Internet slang joke that applied to certain kinds

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<v Speaker 1>of funny pictures of a dog that would say funny

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<v Speaker 1>things online. It got picked up by people sort of

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<v Speaker 1>in the tech universe. Elon Musk, for some reason, thinks

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<v Speaker 1>this is hilarious. He thought that it would therefore be

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<v Speaker 1>funny if he could be within the government doing stuff

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<v Speaker 1>to help promote governmental efficiency. So I think he honest

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<v Speaker 1>to god, this is I think the reasoning behind this.

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<v Speaker 1>He thought, wouldn't it be funny if we named it

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<v Speaker 1>the Department of Government Efficiency and we called it doge

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<v Speaker 1>and like, actually have some entity within the federal government

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<v Speaker 1>named after this stupid online running gag joke of a

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<v Speaker 1>dog saying funny stupid things. All right, that's genuinely what's

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<v Speaker 1>going on. So the Department of Government Efficiency is not

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<v Speaker 1>an actual department like the Department of Health and Human Services,

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<v Speaker 1>The Department of State of Defense, the Department of Justice.

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<v Speaker 1>It is basically an office within the executive branch to

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<v Speaker 1>assist the president in doing his work. So that's an

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<v Speaker 1>important thing to realize in all of this. Musk is

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<v Speaker 1>in charge of this. This is an executive This is

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<v Speaker 1>a presidential thing. This is within the executive office of

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<v Speaker 1>the President, designed to help the president do his job.

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<v Speaker 1>None of the people within the Executive Office of the President,

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<v Speaker 1>other than maybe a couple of exceptions, like some of

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<v Speaker 1>the Senate confirmed people, possibly none of those people within

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<v Speaker 1>the Executive Office of the President are people who have

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<v Speaker 1>the authority of themselves to issue rules or make cuts

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<v Speaker 1>or things, or cut spending or anything like that. It

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<v Speaker 1>seems what Musk's role in all of this is, if

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<v Speaker 1>I'm understanding this correctly, I'm willing to be contradicted if

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<v Speaker 1>this is any if anything more arise happening. But basically,

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<v Speaker 1>what Musk is doing is this is a presidential advisor

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<v Speaker 1>who is being empowered by the president to have access

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<v Speaker 1>to different kinds of information about government spending. He's been

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<v Speaker 1>given access to Treasury information, and the president is the

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<v Speaker 1>head of the executive branch. He is able to give

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<v Speaker 1>Musk that kind of clearance access whatever. There are some

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<v Speaker 1>people getting upset. What business does Elon Musk have having

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<v Speaker 1>access to Treasury information? Well, he is a presidential advisor.

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<v Speaker 1>The president has the right to have access to anything

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<v Speaker 1>that's going on at the Department of the Treasury. If

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<v Speaker 1>the President wants to oversee things directly that's happening within

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<v Speaker 1>the Department of the Treasury, and he wants to task

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<v Speaker 1>an advisor, an Executive Office of the President advisor with

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<v Speaker 1>reviewing it and overseeing it, he has the authority to

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<v Speaker 1>do that.

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<v Speaker 2>Elon Musk is getting access to individual taxpayers or social

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<v Speaker 2>security numbers.

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<v Speaker 1>Okay, some other executive branch official has access to all

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<v Speaker 1>of our social security numbers who ultimately reports to the president.

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<v Speaker 1>The president can access those things. The President can task

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<v Speaker 1>Elon Musk and the other people that Musk has working

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<v Speaker 1>for him within this little office within the Executive Office

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<v Speaker 1>of the President. He can give them access to that

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<v Speaker 1>stuff in a way that I think makes theoretical con

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<v Speaker 1>law sense constitutional law sense. Furthermore, I don't think Musk

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<v Speaker 1>is single handedly able to affect any changes on his own.

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<v Speaker 1>All he can do is identify things and propose things

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<v Speaker 1>so that the president or the reve relevant head of

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<v Speaker 1>the relevant executive agency can authorize whatever freeze in spending

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<v Speaker 1>or cuts or laying off of staff happens. So, for example,

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<v Speaker 1>it appears that most of the people who work for

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<v Speaker 1>the United States Administration for International Development USAID, it looks

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<v Speaker 1>like most of those staff are being laid off. Elon

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<v Speaker 1>Musk doesn't have authority to do it. But if Elon

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<v Speaker 1>Musk is saying, hey, we're seeing that USAID is just

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<v Speaker 1>a complete dumpster fire. So much of what's happening there

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<v Speaker 1>is wasteful, useless, advancing left wing causes, like we need

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<v Speaker 1>to just bring a halt to this entire operation and

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<v Speaker 1>just start over from scratch. He can propose that, but

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<v Speaker 1>I believe USAYED is under the State Department, Marco Rubio

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<v Speaker 1>or whoever the relevant official there is would make that order,

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<v Speaker 1>or the President himself. So all of this is tied up. Now,

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<v Speaker 1>all of this is being framed by the Democrats as

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<v Speaker 1>an unelected billionaire Elon Musk is just doing what he wants.

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<v Speaker 1>Let's address this. There are only two people in the

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<v Speaker 1>executive branch who are actually elected, Donald Trump and JD. Vance.

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<v Speaker 1>That's it. Nobody else in the executive branch is elect

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<v Speaker 1>did The idea is that the president enforces the law,

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<v Speaker 1>and anyone else who's enforcing the law is there at

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<v Speaker 1>his pleasure, and the president is the lynchpin of accountability

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<v Speaker 1>for all those executive branch officials. Let's take Marco Rubio

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<v Speaker 1>as an example. You know what, Actually, I'm gonna save

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<v Speaker 1>this for the next segment because I want to go

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<v Speaker 1>into this. But this idea of Elon Musk is an unelected,

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<v Speaker 1>unaccountable lunatic. No, he's not unaccountable. The accountability is there

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<v Speaker 1>in the person of Donald Trump. And I'll explain that

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<v Speaker 1>when we return. This is the John Jrardy Show on

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<v Speaker 1>Power Talk. Elon Musk is an unelected, unaccountable billionaires running

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<v Speaker 1>a rough shot over the federal government to Oh, it's

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<v Speaker 1>terrible what he's doing, cutting all these programs. It's terrible.

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<v Speaker 1>It's terrible. Is he unelected? Is he unaccountable? Musk's position

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<v Speaker 1>is as an advisor working within the Executive Office of

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<v Speaker 1>the President. As such, his only role is advising the President,

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<v Speaker 1>and in so far as the president wants him to

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<v Speaker 1>advising other executive branch departments, the president can grant him

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<v Speaker 1>access to the stuff the president wants to grant him

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<v Speaker 1>access to. If there are cuts in funding that the

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<v Speaker 1>president has the authority to make, or layoffs that the

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<v Speaker 1>president or some other executive branch official has authority to make.

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<v Speaker 1>Musk can recommend them, and the President can affect them,

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<v Speaker 1>effect them, make them be. But is he unaccountable? Is

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<v Speaker 1>he unelected? All right, let's remember this is the point

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<v Speaker 1>I made at the n last segment. Literally, there are

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<v Speaker 1>only two people in the executive branch who are elected,

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<v Speaker 1>the President and the vice president. That's it. Nobody else

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<v Speaker 1>in the executive branch is elected. Everyone else in the

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<v Speaker 1>executive branch is appointed by either the president or hired

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<v Speaker 1>by the president, or hired by someone who's hired by

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<v Speaker 1>someone who's sired by someone who's sired by someone who's

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<v Speaker 1>hired by the president. Nobody in the executive branch is elected. Okay,

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<v Speaker 1>but when you elect a president you get a decent

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<v Speaker 1>sense of all, right, well, he's going to appoint people

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<v Speaker 1>who are like him, So no one's yelling and screaming

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<v Speaker 1>at Marco Rubio become the secretary becoming the Secretary of State.

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<v Speaker 1>Everyone kind of figured someone like Marco Rubio maybe even

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<v Speaker 1>Marco Rubio himself might very well be nominated to be

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<v Speaker 1>the Secretary of State. We all knew what the deal

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<v Speaker 1>was electing Trump. He would elect someone with more Republican

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<v Speaker 1>leaning foreign policy. He picks Marco Rubio. Not not a

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<v Speaker 1>crazy thing. No one's looking at Marco Rubio as an

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<v Speaker 1>illegitimate secretary of State. What I'd say, let me posit this.

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<v Speaker 1>Elon Musk was far more obviously going to be part

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<v Speaker 1>of the deal with Trump than Marco Rubio was. I mean,

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<v Speaker 1>we weren't exactly sure whom Trump was going to appoint

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<v Speaker 1>a secretary of State when he was elected. We only

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<v Speaker 1>learned it was Rubio at some point after the election.

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<v Speaker 1>Probably people were guessing that Rubio would have been one

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<v Speaker 1>of the candidates, but it wasn't. Really, It was not

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<v Speaker 1>confirmed before the election that that's what Trump would do.

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<v Speaker 1>Everyone knew Elon Musk was going to have a role

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<v Speaker 1>in the Trump administration starting in August of twenty twenty four.

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<v Speaker 1>August of twenty twenty four was the first time that

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<v Speaker 1>Trump came out during a rally and said, if I'm elected,

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<v Speaker 1>I'm going to create this thing called the Department of

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<v Speaker 1>Government Efficiency and Elon Musk is going to be in

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<v Speaker 1>charge of it, and Elon Musk is going to try

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<v Speaker 1>to work for us to identify for all waste, et

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<v Speaker 1>cetera within federal spending. And everyone at the Trump rallies

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<v Speaker 1>Elon Musk. Sounds good. Everyone knew no executive branch official,

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<v Speaker 1>again other than the president is elected. But insofar as

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<v Speaker 1>like who's going to be part of the package of

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<v Speaker 1>electing Trump, everyone knew that Elon Musk was part of

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<v Speaker 1>the deal. And Trump won pretty handily, kicked Kamala Harris's butt.

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<v Speaker 1>He's elected president with everyone knowing. Everyone's clear that he's

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<v Speaker 1>gonna pick Elon Musk to run this government efficiency business.

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<v Speaker 1>You know, he wins the popular vote running on that basis.

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<v Speaker 1>So the idea this unaccounted and let me I'll address

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<v Speaker 1>this the unaccountability side. Elon Musk is not accountable, Yeah,

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<v Speaker 1>he is. Every executive branch official has accountability. You know

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<v Speaker 1>what that accountability is. It's the fact that they are

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<v Speaker 1>serving at the pleasure of the president. The president has

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<v Speaker 1>to be politically accountable. President Trump knows that if any

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<v Speaker 1>of his executive branch officials perform badly are involved in scandal,

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<v Speaker 1>do things that are unpopular. Ultimately it redounds to him.

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<v Speaker 1>Ultimately it's gonna harm him his political standing, his ability

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<v Speaker 1>to get his agenda done, his and his party's ability

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<v Speaker 1>to win the twenty twenty six midterm elections, his or

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<v Speaker 1>his parties, or his vice president's ability to win the

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<v Speaker 1>twenty twenty eight presidential election. There is political accountability that's

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<v Speaker 1>at play for every single employee within the executive branch,

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<v Speaker 1>in the person and of their boss, who hired them,

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<v Speaker 1>who appointed them, and who lets them serve it as pleasure.

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<v Speaker 1>I mean, Trump could snap his fingers and tomorrow Elon Musk,

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<v Speaker 1>his whole Department of Government efficiency thing could be gone.

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<v Speaker 1>Elon could be kicked out. He can snap his fingers

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<v Speaker 1>and literally do that tomorrow. So this idea of like

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<v Speaker 1>this whole conception that Elon Musk is this unaccountable, out

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<v Speaker 1>of control billionaire slashing fund. What authority does he have, Well,

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<v Speaker 1>he clearly he has the president's authority. That's what he has.

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<v Speaker 1>He wasn't unelected in the sense I mean everyone again again,

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<v Speaker 1>it was very clear to everybody when Trump was running

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<v Speaker 1>that Elon was going to be part of the deal,

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<v Speaker 1>and that Elon was going to try to slash spending,

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<v Speaker 1>that Elon was going to try to identify wasteful government

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<v Speaker 1>employees who weren't doing anything to fire them like that

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<v Speaker 1>was all understood and Trump won on that basis, which

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<v Speaker 1>is why I kind of find it baffling that Democrats

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<v Speaker 1>think this is going to be like a really reliable

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<v Speaker 1>talking point. Now, Am I going to agree with that

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<v Speaker 1>every single thing Elon Musk does. No, But I just

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<v Speaker 1>don't find there to be anything actually incorrect or wrong

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<v Speaker 1>theoretically structurally, as far as I can tell from a

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<v Speaker 1>constitutional law perspective, the theoretical structure of how the executive

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<v Speaker 1>branch is supposed to work. I really just don't understand

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<v Speaker 1>the kind of Democrat horror. I mean, I understand the

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<v Speaker 1>Democrat horror he is knocking over these sacred cows that

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<v Speaker 1>Democrats have preserved, these babies that they have for influencing

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<v Speaker 1>the culture in all these left wing weights. I mean,

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<v Speaker 1>the freak out over USAID is is really, I think

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<v Speaker 1>disproportionate to the amount of actual impact that it has.

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<v Speaker 1>I mean, it gives some foreignade to some countries of

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<v Speaker 1>dubious value in many many cases, but that was clearly

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<v Speaker 1>their baby and the fact that he's touching that. It

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<v Speaker 1>just has absolutely driven them completely insane. All Right, when

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<v Speaker 1>we return, the president is starting to face some legal

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<v Speaker 1>challenges to his and Musk's desires to fire and lay

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<v Speaker 1>off people. Why that should not be That is next

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<v Speaker 1>on the John Gerardi Show. A few days ago, a

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<v Speaker 1>large number of federal executive branch employees received an email

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<v Speaker 1>that very similar that was clearly influenced by Elon Musk,

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<v Speaker 1>and it was very similarly patterned off of an email

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<v Speaker 1>that Musk sent to all of the employees at Twitter

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<v Speaker 1>shortly after he took over ownership of Twitter. It used

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<v Speaker 1>the phrase fork in the road, and it basically said, Hey,

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<v Speaker 1>there's going to be a lot of changes that are

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<v Speaker 1>happening with your employment as an executive branch employee, as

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<v Speaker 1>a federal government employee. This is a fork in the road.

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<v Speaker 1>If you want to resign, click the resign button or

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<v Speaker 1>say you want to resign, and you will give you

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<v Speaker 1>a severance package. Blah blah blah blah blah, no hard feelings.

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<v Speaker 1>If you want to stay, indicate that you want to stay.

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<v Speaker 1>And there's now a federal lawsuit that's being brought against

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<v Speaker 1>the federal government by the labor union that represents a

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<v Speaker 1>lot of these federal employees, saying that such an action

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<v Speaker 1>violates federal law protections for workers' rights within for federal

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<v Speaker 1>workers who work within the federal executive branch. And I

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<v Speaker 1>think this is going to start raising a really really

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<v Speaker 1>significant point of constitutional law, some stuff with constitutional law

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<v Speaker 1>that I think our country has gotten wrong since since

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<v Speaker 1>the FDR era Supreme Court. And basically it's this idea

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<v Speaker 1>that the president is in charge of the executive branch,

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<v Speaker 1>but for some reason can't fire everyone he wants within

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<v Speaker 1>the executive branch. He doesn't actually have the ability to

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<v Speaker 1>control its personnel completely. So let's get into that when

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<v Speaker 1>let's look at a football team. Right. When a football team,

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<v Speaker 1>let's say, let's take the football team that's lost its

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<v Speaker 1>head coach and is hiring a new head coach. Right, Like,

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<v Speaker 1>let's take the Washington Commanders, all right. Ron Rivera was

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<v Speaker 1>the head coach of the Commanders. He gets fired. They

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<v Speaker 1>bring in Dan Quinn, who's the new coach of the Commanders.

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<v Speaker 1>Dan Quinn doesn't keep all of Ron Rivera's people. He

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<v Speaker 1>doesn't keep his offensive coordinator and his defensive coordinator and

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<v Speaker 1>his linebacker's coach, and his quartersback coach, and his strength

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<v Speaker 1>and conditioning coach, and this guy and this No, a

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<v Speaker 1>new administration comes in and you can't effectively be the

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<v Speaker 1>head coach without having control over the personnel. Having control

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<v Speaker 1>over the coaching personnel is essential. Like it would be

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<v Speaker 1>a really bizarre situation. How can I really effectively be

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<v Speaker 1>a head coach if I'm brought in to be the

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<v Speaker 1>head coach but I'm told no, no, no, you have to

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<v Speaker 1>if the owner owner tells the guy, no, no no, you

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<v Speaker 1>have to keep all the same offensive defensive staff from

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<v Speaker 1>the prior administration. The Cowboys tried to do this recently.

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<v Speaker 1>They had when they brought in Mike McCarthy. They told him, well,

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<v Speaker 1>you can't fire our old offensive coordinator because Jerry Jones,

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<v Speaker 1>the owner likes him. And that didn't last long. Basically,

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<v Speaker 1>that offensive coordinator ultimately wound up leaving Mike McCarthy wound

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<v Speaker 1>up kind of taking control over calling offensive plays. But

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<v Speaker 1>when you bring in a new if someone's gonna be

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<v Speaker 1>in charge, they need to have control over personnel. Personnel

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<v Speaker 1>is policy. You can't expect a bunch of people who

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<v Speaker 1>fundamentally disagree with the policy you're trying to implement, to

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<v Speaker 1>stay there and keep working for you and be effective.

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<v Speaker 1>And we've just sort of accepted this, like it's just

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<v Speaker 1>like an expectation. Like the media is like outraged at

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<v Speaker 1>the idea of Hey, the career A ton of the

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<v Speaker 1>career employees of the federal government are very liberal, and

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<v Speaker 1>many of them stemied the work of Trump forty five.

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<v Speaker 1>And the press treats this as like, no, that was

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<v Speaker 1>a good thing. The idea that the president would want

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<v Speaker 1>the executive branch to be filled with people who will

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<v Speaker 1>actually actively support his agenda and not slow roll his agenda.

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<v Speaker 1>It is seen by the left like there have been

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<v Speaker 1>wild stories about how Trump, by wanting to fire all

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<v Speaker 1>these executive officials is threatening the separation of powers. That

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<v Speaker 1>wasn't an actual story from the New York Times trying

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<v Speaker 1>to make that claim. No, that has nothing to do

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<v Speaker 1>with separation of powers. Separation of powers means that Congress

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<v Speaker 1>does its thing and the president does its thing. It

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<v Speaker 1>has nothing to do with the president within the executive

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<v Speaker 1>branch of government picking his people. Because let's remember what

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<v Speaker 1>Article two says, the executive authority of the United States

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<v Speaker 1>of the federal government the authority to enforce the law

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<v Speaker 1>is vested in Article two of the Constitution in the president.

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<v Speaker 1>That's it. He's the only one. Everyone else involved in

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<v Speaker 1>enforcing the law. And I'm not just talking criminal law.

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<v Speaker 1>I'm talking about criminal law, environmental law, all of the

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<v Speaker 1>enforcing tax law, enforcing this kind of loan for this

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<v Speaker 1>kind of regulatory law, this is kind of healthcare law.

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<v Speaker 1>This is the whole panoply of the alphabet soup of

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<v Speaker 1>the various executive agencies that are all tasked with enforcing

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<v Speaker 1>some provision of law. The FDA, which is charged with

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<v Speaker 1>enforcing federal law relating to the regulation of food and drugs.

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<v Speaker 1>That's an executive branch role. The head of the FDA

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<v Speaker 1>is all timately answerable to the president. Now, the problem is,

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<v Speaker 1>this is what happens administration to administration. A Republican administration

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<v Speaker 1>comes in. There are certain kinds of positions within the

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<v Speaker 1>executive branch that are deemed political appointees, and then there

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<v Speaker 1>are others that are called career employees. The career employees

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<v Speaker 1>all stay, a lot of them are represented by a union.

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<v Speaker 1>So the president appoints all the top people, all the

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<v Speaker 1>political appointees, but they still have to work and do

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<v Speaker 1>the work of this agency with all the career employees.

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<v Speaker 1>The career employees are all Liberals, or at the very

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<v Speaker 1>least the overwhelming majority of them are. They're unionized, they

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<v Speaker 1>have various kinds of employment protections to prevent them from

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<v Speaker 1>getting fired, and they basically have. They did feel in

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<v Speaker 1>Trump forty five. They felt in the Bush administration that

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<v Speaker 1>they can just sort of not enforce that not do

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<v Speaker 1>their jobs more or less slow roll things. Sometimes you

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<v Speaker 1>had these career officials who worked in actually writing, like

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<v Speaker 1>drafting regulations, who threw some poison pill in that stymy's

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<v Speaker 1>the whole effectiveness of the regulation. A ton of these

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<v Speaker 1>people just flat out don't like Republicans. I mean, like

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<v Speaker 1>people were crying and moaning about, Oh, these people at

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<v Speaker 1>the FBI are being fired. Yeah, because the last time

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<v Speaker 1>Trump won, a bunch of top level people at the

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<v Speaker 1>FBI all tried to get him removed from office. They

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<v Speaker 1>tried to they tried and succeeded in spying on him.

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<v Speaker 1>Some of these top level FBI people were literally texting

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<v Speaker 1>each other about how they're going to try to topple

419
00:30:52.599 --> 00:30:54.880
<v Speaker 1>the President of the United States. Are you kidding? Me.

420
00:30:56.640 --> 00:31:00.400
<v Speaker 1>Of course, Trump wants to clean house at the FBI. Now,

421
00:31:07.440 --> 00:31:12.799
<v Speaker 1>back during the New Deal era, you had FDR in

422
00:31:12.839 --> 00:31:17.240
<v Speaker 1>the thirties feuding with the Supreme Court. The Supreme Court

423
00:31:17.319 --> 00:31:22.720
<v Speaker 1>was full of a bunch of old Republican appointees. FDR

424
00:31:23.079 --> 00:31:27.079
<v Speaker 1>was this cutting edge Democrat proposing the New Deal, and

425
00:31:27.160 --> 00:31:29.680
<v Speaker 1>the Supreme Court kept blocking blocking a lot of his

426
00:31:30.160 --> 00:31:35.680
<v Speaker 1>New Deal ideas. This came to a head after the

427
00:31:35.759 --> 00:31:43.119
<v Speaker 1>nineteen thirty six presidential elections, where not only did Roosevelt

428
00:31:43.359 --> 00:31:47.519
<v Speaker 1>win re election, but the Democrats won enormous majorities in

429
00:31:47.519 --> 00:31:51.359
<v Speaker 1>both Houses of Congress, and Roosevelt introduced this threat to

430
00:31:51.400 --> 00:31:53.880
<v Speaker 1>pack the Supreme Court, to increase the number of justices

431
00:31:53.920 --> 00:31:56.559
<v Speaker 1>on the Supreme Court, clearly in order to get the

432
00:31:56.599 --> 00:32:01.039
<v Speaker 1>ideological outcomes that he wanted. Starting in nineteen thirty seven,

433
00:32:01.240 --> 00:32:04.599
<v Speaker 1>all of a sudden, after that threat, the Supreme Court

434
00:32:04.640 --> 00:32:07.519
<v Speaker 1>started ruling in his favor, and ultimately Roosevelt served in

435
00:32:07.599 --> 00:32:10.519
<v Speaker 1>office for so long he was able to appoint. Most

436
00:32:10.559 --> 00:32:12.519
<v Speaker 1>of the justices who were on the Court eventually died

437
00:32:12.640 --> 00:32:16.960
<v Speaker 1>or left the Court. I died or resigned, and Roosevelt

438
00:32:17.000 --> 00:32:18.680
<v Speaker 1>was able to replace most of them, and he got

439
00:32:18.680 --> 00:32:21.680
<v Speaker 1>the kind of court that he wanted ultimately, But during

440
00:32:21.680 --> 00:32:25.880
<v Speaker 1>the thirties, the Supreme Court was feuding with Roosevelt, and

441
00:32:28.359 --> 00:32:31.599
<v Speaker 1>there was this case in nineteen thirty five called Humphrey's

442
00:32:31.640 --> 00:32:35.799
<v Speaker 1>Executor versus United States. This had to do with the

443
00:32:35.839 --> 00:32:45.839
<v Speaker 1>Federal Trade Commission commissioner, whom Roosevelt tried to remove, and

444
00:32:46.000 --> 00:32:49.680
<v Speaker 1>the Supreme Court sided with Humphrey, although actually Humphrey died

445
00:32:49.720 --> 00:32:53.680
<v Speaker 1>before the lawsuit was resolved. That's why it's called Humphrey's Executor,

446
00:32:54.440 --> 00:33:01.640
<v Speaker 1>because Humphrey himself died. Basically, it said no, no, no, no, no.

447
00:33:02.079 --> 00:33:04.839
<v Speaker 1>This Federal Trade Commission is an independent commission. Even though

448
00:33:04.839 --> 00:33:08.400
<v Speaker 1>it's exercising executive functions, it isn't really totally answerable to

449
00:33:08.440 --> 00:33:11.920
<v Speaker 1>the United States the President, to the US government under

450
00:33:11.960 --> 00:33:18.079
<v Speaker 1>the president, the president can't just fired someone wrongfully. The

451
00:33:18.119 --> 00:33:20.400
<v Speaker 1>Court pointed out that, well, the Federal Trade Commission, it

452
00:33:20.440 --> 00:33:23.400
<v Speaker 1>has it. Yeah, obviously it does some executive things, but

453
00:33:23.400 --> 00:33:27.519
<v Speaker 1>but it also has kind of some some legislative roles

454
00:33:27.519 --> 00:33:31.359
<v Speaker 1>to it because it's like making rules and kind of

455
00:33:31.359 --> 00:33:35.519
<v Speaker 1>some judicial functions because it's hearing like appeals and resolving disputes.

456
00:33:35.559 --> 00:33:38.119
<v Speaker 1>So so it's not totally under the executive brand. So

457
00:33:38.119 --> 00:33:43.240
<v Speaker 1>the president can't just fire it. And this is sort

458
00:33:43.279 --> 00:33:45.920
<v Speaker 1>of I think there's also some real separation and powers

459
00:33:45.960 --> 00:33:48.559
<v Speaker 1>problems here that that okay, Well, is this an executive

460
00:33:48.920 --> 00:33:55.720
<v Speaker 1>what is this an executive agency, a legislative agency, judicial agency?

461
00:33:55.799 --> 00:33:59.640
<v Speaker 1>Who is it under? Who actually controls it? Is it

462
00:33:59.720 --> 00:34:02.160
<v Speaker 1>just as free floating thing? I mean, we have controls

463
00:34:02.160 --> 00:34:04.119
<v Speaker 1>for all these other branches of government. The judiciary gets

464
00:34:04.160 --> 00:34:08.559
<v Speaker 1>appointed by the president. It can be they serve for life,

465
00:34:08.599 --> 00:34:11.039
<v Speaker 1>but they can be impeached and removed by Congress. Congress

466
00:34:11.159 --> 00:34:13.559
<v Speaker 1>is picked by the people. The president is picked by

467
00:34:13.599 --> 00:34:17.480
<v Speaker 1>the people. What is this FTC commission?

468
00:34:17.480 --> 00:34:17.639
<v Speaker 2>Then?

469
00:34:21.519 --> 00:34:26.559
<v Speaker 1>Now, pretty much all the conservative justices, you know, a

470
00:34:26.599 --> 00:34:29.079
<v Speaker 1>lot of conservative Supreme Court justices have looked back on

471
00:34:29.199 --> 00:34:33.239
<v Speaker 1>Humphrey's executor as a stupid decision. If the president is

472
00:34:33.480 --> 00:34:38.719
<v Speaker 1>the executive and executive branch officials wield his power, he

473
00:34:38.760 --> 00:34:42.000
<v Speaker 1>needs to be able to direct it. How can it

474
00:34:42.039 --> 00:34:45.400
<v Speaker 1>make sense that there can be employees who just want

475
00:34:45.440 --> 00:34:47.599
<v Speaker 1>to style me the president, but they can only be

476
00:34:47.639 --> 00:34:56.360
<v Speaker 1>fired for cause. No, that that makes no sense. So

477
00:34:57.440 --> 00:34:59.840
<v Speaker 1>as long as you're working, as long as you don't

478
00:35:00.000 --> 00:35:03.239
<v Speaker 1>I don't know, look watch porn on your government computer.

479
00:35:04.079 --> 00:35:06.360
<v Speaker 1>You get to stay on the job, and you can't

480
00:35:06.360 --> 00:35:10.760
<v Speaker 1>get fired even though you're actively even though you're not

481
00:35:10.880 --> 00:35:14.880
<v Speaker 1>someone who supports the president's agenda, you're gonna not do

482
00:35:14.960 --> 00:35:17.840
<v Speaker 1>a good job of enforcing his agenda. Really, we have

483
00:35:17.880 --> 00:35:21.239
<v Speaker 1>to have a four cause like firing wrongful termination dispute

484
00:35:21.280 --> 00:35:29.239
<v Speaker 1>every time no personnel is policy. The president should have

485
00:35:29.360 --> 00:35:34.079
<v Speaker 1>complete authority over every position within the executive branch to

486
00:35:34.159 --> 00:35:44.079
<v Speaker 1>hire and fire as he will. Now, this has been

487
00:35:44.199 --> 00:35:47.199
<v Speaker 1>raised with regards to these kinds of issues have been

488
00:35:47.280 --> 00:35:50.280
<v Speaker 1>raised with President Trump removing the Inspectors General, where there's

489
00:35:50.280 --> 00:35:54.519
<v Speaker 1>this congressional statute that was passed to create the offices

490
00:35:54.559 --> 00:35:58.760
<v Speaker 1>of the various inspectors General, people who would oversee the

491
00:35:58.800 --> 00:36:01.000
<v Speaker 1>various departments of the federal govern to inspect them, to

492
00:36:01.039 --> 00:36:03.400
<v Speaker 1>oversee them. It was created sort of in the post

493
00:36:03.440 --> 00:36:05.760
<v Speaker 1>Watergate era where Congress felt like it had the most

494
00:36:05.800 --> 00:36:08.199
<v Speaker 1>power and the presidency felt like it had the least

495
00:36:08.239 --> 00:36:12.159
<v Speaker 1>amount of power. And basically it said, now the president

496
00:36:12.159 --> 00:36:15.199
<v Speaker 1>can't fire them, he has to give Congress thirty days

497
00:36:15.239 --> 00:36:19.559
<v Speaker 1>notice first. And President Trump is saying, no, I don't

498
00:36:19.559 --> 00:36:21.840
<v Speaker 1>have to give you thirty days notice. That's an unconstitutional

499
00:36:21.920 --> 00:36:27.880
<v Speaker 1>limitation on my power as the executive So I think

500
00:36:27.960 --> 00:36:31.440
<v Speaker 1>we need to the Trump. This Trump administration may resolve

501
00:36:31.440 --> 00:36:34.800
<v Speaker 1>the question of should Republican presidents just accept this status

502
00:36:34.880 --> 00:36:37.079
<v Speaker 1>quo of no, we just accept that most of the

503
00:36:37.079 --> 00:36:39.440
<v Speaker 1>employees of the federal government are liberals and they're there

504
00:36:39.480 --> 00:36:42.800
<v Speaker 1>to kind of stemy Republican presidents whenever they get elected. No,

505
00:36:43.800 --> 00:36:47.159
<v Speaker 1>it shouldn't be that way. And if there's one legal

506
00:36:47.159 --> 00:36:49.760
<v Speaker 1>development that I think could be good, it would be

507
00:36:49.800 --> 00:36:55.599
<v Speaker 1>Trump basically breaking the back of this blob of federal

508
00:36:55.639 --> 00:36:59.079
<v Speaker 1>government employees who just stymy every Republican president. They get

509
00:36:59.079 --> 00:37:03.079
<v Speaker 1>a chance to stemy when we return Trump wanting to

510
00:37:03.079 --> 00:37:07.440
<v Speaker 1>turn Gaza into Atlantic City. Next on the John Girardi Show,

511
00:37:09.400 --> 00:37:13.079
<v Speaker 1>President Trump. The other day of Benjamin Netting, Yahoo was

512
00:37:13.079 --> 00:37:15.800
<v Speaker 1>in Washington. Trump announces at this big press conference that

513
00:37:15.840 --> 00:37:18.920
<v Speaker 1>the United States is going to take over the Gaza Strip.

514
00:37:20.559 --> 00:37:26.079
<v Speaker 1>They're going to move all the people out to Jordan

515
00:37:26.199 --> 00:37:33.199
<v Speaker 1>or Egypt or something. They're going to rebuild the whole thing. Now,

516
00:37:33.239 --> 00:37:35.519
<v Speaker 1>this is kind of crazy. I will admit. There are

517
00:37:35.559 --> 00:37:38.800
<v Speaker 1>no actual good solutions to the problem of what do

518
00:37:38.840 --> 00:37:42.280
<v Speaker 1>you do with Gaza. You either just pull out and

519
00:37:42.440 --> 00:37:47.360
<v Speaker 1>leave Hamas there to keep being horrible psycho terrorists. Israel

520
00:37:47.400 --> 00:37:51.559
<v Speaker 1>has a permanent military occupation which will be terrible. Or

521
00:37:51.599 --> 00:37:53.920
<v Speaker 1>you do something crazy like this, I will say, I

522
00:37:53.960 --> 00:37:58.000
<v Speaker 1>don't want one American soldier to be at risk to

523
00:37:58.079 --> 00:38:00.159
<v Speaker 1>do this. I don't want my brother to die in

524
00:38:00.199 --> 00:38:03.440
<v Speaker 1>the cause of turning Gaza into Atlantic City, whatever that is.

525
00:38:04.599 --> 00:38:09.400
<v Speaker 1>But I'm wondering if this is round one of crazy

526
00:38:09.440 --> 00:38:12.880
<v Speaker 1>negotiation stage that maybe results in something more reasonable happening.

527
00:38:13.039 --> 00:38:15.440
<v Speaker 1>So we will see. That'll do it. John Girardi Show,

528
00:38:15.440 --> 00:38:16.679
<v Speaker 1>See you next time on Power Talk
