WEBVTT 1 00:00:00.040 --> 00:00:03.240 I want to talk about the problem of analyzing any 2 00:00:03.879 --> 00:00:09.519 legal issue in the Trump era, and maybe this is 3 00:00:09.519 --> 00:00:14.839 a very particular to me problem. Okay, I am doing 4 00:00:14.880 --> 00:00:17.679 a thing that most people don't do. I get on 5 00:00:17.760 --> 00:00:22.320 the radio and I give my opinion about political things 6 00:00:23.239 --> 00:00:27.600 on a almost daily basis. So most people don't have 7 00:00:27.679 --> 00:00:32.679 the problem that I have, and I have the luxury 8 00:00:33.600 --> 00:00:37.399 thanks to the kind people at Power Talk Slash iHeart, 9 00:00:37.560 --> 00:00:41.960 I have a good deal of editorial control. I'd say 10 00:00:41.960 --> 00:00:44.600 pretty much total editorial control. I kind of talk about 11 00:00:44.640 --> 00:00:47.759 what I want to talk about, and iHeart does not 12 00:00:48.119 --> 00:00:51.119 harass me about what I do or don't choose to 13 00:00:51.159 --> 00:00:56.840 talk about. And some of you may have noticed I 14 00:00:56.880 --> 00:01:01.479 really have not talked much about the whole Abrego Garcia, 15 00:01:01.920 --> 00:01:08.319 the story the guy who was deported, the illegal alien 16 00:01:08.359 --> 00:01:12.000 who was in Maryland, who got deported, who got sent 17 00:01:12.200 --> 00:01:17.560 to the mega prison in El Salvador, and the claim 18 00:01:17.879 --> 00:01:21.239 is he was sent there utilized with President Trump utilizing 19 00:01:21.280 --> 00:01:24.719 the Alien Enemies Act. Apparently there had been a prior 20 00:01:25.239 --> 00:01:29.079 immigration ruling giving a hold that he not be sent 21 00:01:29.519 --> 00:01:33.920 back to El Salvador. The administration has now admitted in 22 00:01:34.040 --> 00:01:39.480 court that they wrongly sent him there. And the Trump 23 00:01:39.560 --> 00:01:43.920 administration has received orders from lower courts, now from the 24 00:01:43.959 --> 00:01:51.079 Supreme Court asking that he tried to facilitate Abrego Garcia's 25 00:01:51.680 --> 00:01:57.120 release from that Salvador in prison prison, and President Trump 26 00:01:57.159 --> 00:02:03.599 seems to be trying to minimally complain with those court orders. 27 00:02:05.040 --> 00:02:07.400 And that case and some of these other cases with 28 00:02:07.400 --> 00:02:09.319 the l Salvador is at the heart of the left 29 00:02:09.319 --> 00:02:16.520 wing critique that Trump has initiated a constitutional crisis. Basically 30 00:02:16.560 --> 00:02:23.280 the idea that courts have issued rulings and Trump has 31 00:02:23.360 --> 00:02:28.479 deliberately not followed them. And I don't think that that 32 00:02:28.800 --> 00:02:31.680 flatly is an accurate description of the situation. I think 33 00:02:31.759 --> 00:02:37.560 you have that Trump administration is not taking the posture 34 00:02:37.599 --> 00:02:42.439 of we are going to disobey these rulings from the courts. 35 00:02:44.159 --> 00:02:49.199 They are at least giving a facial appearance of trying 36 00:02:49.199 --> 00:02:52.960 to comply, trying to comply in the most minimal way possible. 37 00:02:53.199 --> 00:02:56.400 Some courts have in fact written, I think sloppy rulings 38 00:02:56.800 --> 00:03:01.039 that Trump and his team complied with, complied with in 39 00:03:01.800 --> 00:03:04.560 ways that we're hitting the letter and not the spirit 40 00:03:04.719 --> 00:03:08.199 of the ruling and making these judges mad. But it's 41 00:03:08.240 --> 00:03:13.360 the letter of the ruling and I don't think that's 42 00:03:13.400 --> 00:03:17.319 a constitutional crisis at the actual level that it would 43 00:03:17.400 --> 00:03:22.319 really be a constitutional crisis. This is a party engaging 44 00:03:22.400 --> 00:03:26.960 in one could argue bad behavior. That is different from 45 00:03:26.960 --> 00:03:33.439 a full blown constitutional crisis in which we have unbalanced 46 00:03:33.759 --> 00:03:38.159 the sort of set arrangements between the courts and the 47 00:03:38.199 --> 00:03:41.719 executive branch. Furthermore, there are other arguments on the other 48 00:03:41.800 --> 00:03:47.360 side of you know of this, about our federal judges 49 00:03:47.680 --> 00:03:51.840 initiating a constitutional crisis, which I actually think is more 50 00:03:52.120 --> 00:03:53.639 the case, and I'll talk about that in a little bit. 51 00:03:54.120 --> 00:03:59.159 But here's the thing that I have noticed for basically 52 00:03:59.560 --> 00:04:05.280 the entire Trump era as a commentator, and I think 53 00:04:05.319 --> 00:04:10.400 this is something that impacts respectable figures on the right, 54 00:04:12.960 --> 00:04:17.040 or people who deem themselves respectable and intelligent figures on 55 00:04:17.079 --> 00:04:23.120 the right. Here's how it works. We have a media 56 00:04:23.160 --> 00:04:30.959 culture that wants to react to things instantaneously. We have 57 00:04:32.240 --> 00:04:38.199 cable news, we have talk radio, and now we have Twitter. Okay, 58 00:04:38.240 --> 00:04:40.480 we have Twitter where people we have social media where 59 00:04:40.519 --> 00:04:43.519 people are reacting to stuff right away, and people are 60 00:04:43.560 --> 00:04:48.560 giving their takes on political issues immediately right away. And 61 00:04:50.759 --> 00:04:55.959 a lot of this throughout the Trump era. Many of 62 00:04:55.959 --> 00:05:02.800 the controversies are legal controversies. It's controversies about has President 63 00:05:02.839 --> 00:05:05.439 Trump violated the law in this way or that way? 64 00:05:05.720 --> 00:05:08.639 Has the Trump administration violated the law in this way, 65 00:05:08.680 --> 00:05:13.959 that way, or this way. And people want to give 66 00:05:15.279 --> 00:05:22.399 knee jerk reactions to what are really actually fairly complex 67 00:05:22.920 --> 00:05:29.920 legal questions. That's hard to do, right. It's hard to 68 00:05:30.079 --> 00:05:37.040 actually analyze a complex legal question, really understand it, and 69 00:05:37.120 --> 00:05:40.720 then synthesize it, analyze it, and give an opinion on 70 00:05:40.759 --> 00:05:48.399 it in twenty four hours, let alone two hours. I 71 00:05:48.480 --> 00:05:53.959 remember this, you know, during the first Trump administration, the 72 00:05:54.000 --> 00:06:00.160 first blush of the Ukraine phone call, the phone a 73 00:06:00.160 --> 00:06:02.879 perfect phone call to Zelenski that resulted in Trump getting 74 00:06:02.879 --> 00:06:08.680 impeached the first time. I remember the first blush basically 75 00:06:09.759 --> 00:06:13.920 was the media painting this atmosphere that this is really serious. 76 00:06:14.680 --> 00:06:17.079 And I mean I was sort of like, oh, jeez, 77 00:06:17.279 --> 00:06:19.800 was this really serious? And I'm trying to think through it. 78 00:06:19.839 --> 00:06:21.879 I'm trying to analyze it, I'm trying to discuss it. 79 00:06:22.759 --> 00:06:25.399 And what I realized was it took people like a 80 00:06:25.480 --> 00:06:32.120 solid couple of weeks to sort of realize maybe you 81 00:06:32.399 --> 00:06:38.000 might think that it was sleazy for Trump to try 82 00:06:38.040 --> 00:06:43.279 to put pressure on Zelensky to investigate a family member 83 00:06:43.279 --> 00:06:45.639 of a guy who was going to be his eventual 84 00:06:45.879 --> 00:06:51.160 opponent in the twenty twenty election. This was again the 85 00:06:51.399 --> 00:06:55.160 phone call to Zelenski in which Trump sort of intimated 86 00:06:55.199 --> 00:07:00.920 that he might make military aid contingent upon Zelenski investigating Barisma, 87 00:07:01.439 --> 00:07:04.600 the big Ukrainian energy concern that Hunter Biden was on 88 00:07:04.639 --> 00:07:06.759 the board of directors of which we now know today 89 00:07:07.000 --> 00:07:11.120 was a super sleazy arrangement. We didn't exactly know it 90 00:07:11.120 --> 00:07:13.240 one hundred percent at the time. Well, anyone with a 91 00:07:13.279 --> 00:07:22.560 brain knew it was super sleazy. And again, after the 92 00:07:22.600 --> 00:07:25.800 first blush of the news story, it took us about 93 00:07:25.800 --> 00:07:28.600 a week and by us, I mean the media globally, 94 00:07:28.680 --> 00:07:32.000 the commentariat globally to sort of realize what was the 95 00:07:32.079 --> 00:07:35.240 actual crime that President Trump committed. What did he do 96 00:07:35.319 --> 00:07:40.480 that was illegal? The arguments that it was a campaign 97 00:07:40.560 --> 00:07:44.120 finance violation because he asked Zelensky to do something that 98 00:07:44.199 --> 00:07:48.000 was helpful for his No, that's not a campaign finance violation. 99 00:07:48.079 --> 00:07:52.160 That's not an unreported campaign finance expense, it's not unreported 100 00:07:52.519 --> 00:07:58.560 appo research. No, campaign finance law is a certain thing, 101 00:07:58.920 --> 00:08:01.519 and that's not a campaig and finance expense that he 102 00:08:01.560 --> 00:08:07.279 should have reported or something some such thing. In fact, 103 00:08:08.000 --> 00:08:10.199 it I find it hard to think it was even 104 00:08:10.279 --> 00:08:12.279 much of an abuse of his office, given the fact 105 00:08:12.319 --> 00:08:17.560 that I think it's pretty hard to escape the conclusion 106 00:08:17.600 --> 00:08:23.439 that Hunter Biden was engaged in shady dealings in Ukraine, 107 00:08:24.199 --> 00:08:28.120 and I still to this day think it beggars belief that. 108 00:08:29.480 --> 00:08:32.840 I think you have to have your ostrich head buried 109 00:08:32.840 --> 00:08:35.399 in the sand to think that Joe Biden wasn't benefiting 110 00:08:35.799 --> 00:08:38.639 from a whole bunch of shady and illegal activity that 111 00:08:38.679 --> 00:08:42.519 his son was doing. I think his son was acting 112 00:08:42.600 --> 00:08:46.159 as an agent of a foreign country and had never 113 00:08:46.320 --> 00:08:52.919 registered under the Farah laws, the Foreign Alien Foreign Agents 114 00:08:53.559 --> 00:08:58.279 Representative Act FARA. Basically, you can work as an American 115 00:08:58.320 --> 00:09:00.279 citizen on behalf of a foreign country he as an 116 00:09:00.320 --> 00:09:03.279 agent of a foreign country, but you got to register 117 00:09:03.360 --> 00:09:05.639 as such. Hunter Biden never did that. I think there 118 00:09:05.679 --> 00:09:08.240 were money laundering things that the Bidens were doing. Why 119 00:09:08.279 --> 00:09:12.080 were they creating this large network of various companies. Why 120 00:09:12.120 --> 00:09:15.000 were millions of dollars flowing into the Biden family going 121 00:09:15.039 --> 00:09:17.600 to the bank accounts of family members who had nothing 122 00:09:17.600 --> 00:09:20.799 to do with anything going, you know, going to Halle Biden, 123 00:09:20.799 --> 00:09:23.919 who was a kindergarten teacher, getting payments from Romanian business 124 00:09:23.919 --> 00:09:27.960 concerns or whatever. Why you know, you had several people 125 00:09:28.440 --> 00:09:31.320 going on the record accusing Joe Biden of being the 126 00:09:31.399 --> 00:09:35.879 big guy ten percent going to the big guy, all 127 00:09:35.919 --> 00:09:39.440 this stuff where Biden was utilizing his political influence as 128 00:09:39.480 --> 00:09:43.679 the vice president to get deals for his son. His 129 00:09:43.720 --> 00:09:48.960 son was clearly selling it anyway. But this is the problem. 130 00:09:49.000 --> 00:09:51.879 The first blush of the story is Trump has done 131 00:09:51.919 --> 00:09:55.000 something illegal, and then it takes about a week for 132 00:09:55.039 --> 00:09:57.799 people to realize either and this is more of a 133 00:09:57.799 --> 00:10:01.879 fifty to fifty situation or even I don't know that 134 00:10:01.919 --> 00:10:07.559 Trump did anything wrong to this day, I really don't think, 135 00:10:07.799 --> 00:10:11.519 especially the grand sweep of history, the first Trump impeachment 136 00:10:13.000 --> 00:10:21.840 feels to me unbelievably silly, unbelievably silly threatening to withhold 137 00:10:21.879 --> 00:10:25.440 military aid to Ukraine, which he ultimately didn't even do. 138 00:10:25.679 --> 00:10:29.360 He didn't even follow through on it. The Ukrainians did 139 00:10:29.360 --> 00:10:32.279 not investigate hunder Biden, and Trump still gave them the 140 00:10:32.320 --> 00:10:42.759 military aid. So that's why I've been a little silent 141 00:10:42.799 --> 00:10:46.440 about all of this stuff. With the deportations to l Salvador. 142 00:10:47.480 --> 00:10:52.279 The factual scenarios are so complex, and the stories initially 143 00:10:52.279 --> 00:10:55.919 just get presented in such a one sided fashion as 144 00:10:56.320 --> 00:11:00.759 Trump as violent has deliberately disobeyed an order from a 145 00:11:00.799 --> 00:11:08.000 federal court. And I just don't know that it's quite right. 146 00:11:08.879 --> 00:11:12.759 And even there's this whole attitude that's being presented about 147 00:11:13.519 --> 00:11:18.360 they're violating the due process rights of these immigrants, of 148 00:11:18.440 --> 00:11:22.440 people who are in this country, of non citizen aliens 149 00:11:22.440 --> 00:11:26.519 in this country, that they're violating their due process rights. Okay, 150 00:11:27.200 --> 00:11:33.960 let me just explain this. Due process means different things 151 00:11:34.559 --> 00:11:39.200 for different kinds of people in different kinds of situations. 152 00:11:41.000 --> 00:11:47.679 If you're an American citizen who's being arrested on suspicion 153 00:11:47.919 --> 00:11:51.200 that you have committed a crime, you have a very 154 00:11:51.279 --> 00:11:56.879 robust degree of due process protections that are afforded to you. 155 00:11:56.879 --> 00:11:59.279 You get your Miranda rights read to you, you have 156 00:11:59.279 --> 00:12:03.360 a right to atturn, you have this you. The kinds 157 00:12:03.399 --> 00:12:07.720 of due process that we have to give to an 158 00:12:07.799 --> 00:12:13.960 illegal alien is not the same as the kinds of 159 00:12:14.039 --> 00:12:17.799 due process we have to give to an American citizen 160 00:12:21.320 --> 00:12:27.000 an America, and especially this particular illegal alien, this Obrego 161 00:12:27.039 --> 00:12:30.559 Garcia guy who It's clear the government had a good 162 00:12:30.679 --> 00:12:35.639 bit of information that this guy was no good. He 163 00:12:35.679 --> 00:12:39.480 had already been determined to have been an illegal alien. 164 00:12:39.919 --> 00:12:44.360 They had a good bit of reason to think he 165 00:12:44.440 --> 00:12:46.399 was involved with MS thirteen. They had a ton of 166 00:12:46.440 --> 00:12:51.039 reason to think he was a slimeball who was beating 167 00:12:51.120 --> 00:12:54.080 up his girlfriend wife. I'm not sure. I think it's 168 00:12:54.120 --> 00:13:01.559 his girlfriend it he's a bad dude, clearly. Now, there 169 00:13:01.639 --> 00:13:04.960 had been an immigration ruling in his case saying that 170 00:13:05.039 --> 00:13:07.679 he was not to be deported back to El Salvador, 171 00:13:09.720 --> 00:13:12.919 and the Trump administration has admitted that they wrongly released 172 00:13:13.000 --> 00:13:21.399 him to El Salvador. Now I think that that, you know, 173 00:13:21.440 --> 00:13:26.120 I've read up on that ruling. That ruling was dumb. Okay, 174 00:13:26.120 --> 00:13:29.799 that was a silly ruling. Basically, he made this claim 175 00:13:29.840 --> 00:13:35.519 that when he was twelve, local gangsters were trying to 176 00:13:35.559 --> 00:13:41.720 shake down his mom's She had some sort of food restaurant, 177 00:13:41.720 --> 00:13:43.559 food store kind of thing. I think she was selling 178 00:13:43.639 --> 00:13:47.159 a rape bus or something. Local gangsters were trying to 179 00:13:47.200 --> 00:13:51.399 shake her down. This was like over a decade ago, 180 00:13:51.519 --> 00:13:55.559 when he was twelve. So he got this immigration judge 181 00:13:55.600 --> 00:13:58.600 to say, well, it would be a humanitarian problem if 182 00:13:58.600 --> 00:14:01.000 you sent him back to El Salvador because those gangs, 183 00:14:01.240 --> 00:14:05.600 even though the mom's business doesn't exist anymore, it was 184 00:14:05.759 --> 00:14:09.360 over a decade ago. He said, well, you can't send 185 00:14:09.440 --> 00:14:12.039 him back to El Salvador because he'll be persecuted for that, 186 00:14:12.480 --> 00:14:16.960 which is a ridiculous ruling. It seems as though they 187 00:14:17.039 --> 00:14:20.320 accidentally released this guy to El Salvador, and the Salvadorans 188 00:14:20.639 --> 00:14:24.799 have said, no, we are holding this guy for our 189 00:14:24.799 --> 00:14:29.519 own reasons and we don't want to release him. And 190 00:14:29.879 --> 00:14:32.440 that's the thing. I mean it kind of I think 191 00:14:32.679 --> 00:14:35.919 an analogy to think of is, you know, I think 192 00:14:35.960 --> 00:14:39.159 our American courts can demand that President Trump do his 193 00:14:39.320 --> 00:14:43.240 best to facilitate the guy's return all day, But the 194 00:14:43.279 --> 00:14:49.480 courts don't have the authority to dictate to the American President, 195 00:14:49.519 --> 00:14:52.960 who has sole exclusive responsibility of this how he conducts 196 00:14:53.039 --> 00:14:58.039 foreign policy and President Trump interacting with the president of 197 00:14:58.159 --> 00:15:02.759 l Salvador, that's his exclusive domain. Courts can't get into 198 00:15:03.039 --> 00:15:04.960 the nitty gritty of how he relates to it, and 199 00:15:05.000 --> 00:15:08.399 I know John Roberts doesn't want to step into that territory. 200 00:15:08.720 --> 00:15:11.000 So you have the Supreme Court saying, okay, well do 201 00:15:11.120 --> 00:15:14.480 what you can to facilitate the return. If El Salvador 202 00:15:14.559 --> 00:15:19.120 is willing and Trump's sort of saying, well, it's not 203 00:15:19.159 --> 00:15:22.279 going to happen, and I don't know. At a certain 204 00:15:22.320 --> 00:15:25.720 point the Supreme Court even can't really do much with it. 205 00:15:26.639 --> 00:15:28.600 If the else, If the Salvadorans are saying, we don't 206 00:15:28.639 --> 00:15:33.200 want to release this guy because he's our citizen. We 207 00:15:33.279 --> 00:15:36.039 think he's a bad dude, what are we supposed to 208 00:15:36.039 --> 00:15:40.080 do now when we return. I want to talk about 209 00:15:40.120 --> 00:15:46.039 this constitutional crisis language and try to assess is there 210 00:15:46.360 --> 00:15:49.039 what what what do people actually mean when they say that, 211 00:15:49.480 --> 00:15:52.360 and try try to assess is there such a crisis happening. 212 00:15:52.360 --> 00:15:56.360 That's next on the John Grardy Show. Are we in 213 00:15:56.480 --> 00:16:01.120 a constitutional crisis? Let's break down what do people mean 214 00:16:01.159 --> 00:16:03.480 when they are saying that President Trump has initiated a 215 00:16:03.519 --> 00:16:09.159 constitutional crisis? All right, this is what they mean. We 216 00:16:09.240 --> 00:16:18.440 have had a fairly well settled constitutional order within American government. 217 00:16:19.879 --> 00:16:27.240 It's something that's not exactly written in the Constitution. This 218 00:16:27.480 --> 00:16:35.679 is the order of operations. Since Marbury versus Madison, the 219 00:16:35.720 --> 00:16:40.240 Supreme Court has held and the other branches have sort 220 00:16:40.279 --> 00:16:45.159 of accepted this power that courts have the power of 221 00:16:45.200 --> 00:16:52.879 what's called judicial review. They can review actions by the executive. 222 00:16:52.960 --> 00:17:00.200 They can review laws passed by Congress for their constitutionality. 223 00:17:00.080 --> 00:17:02.399 They can only review laws passed by Congress in the 224 00:17:02.440 --> 00:17:05.720 context of an active case or controversy. It's not like 225 00:17:05.759 --> 00:17:07.799 Congress passes law and the Supreme Court just sort of 226 00:17:07.880 --> 00:17:11.240 jumps up and says, hey, that's unconstitutional. No, an actual 227 00:17:11.279 --> 00:17:14.240 case or controversy has to arise, an actual, real lawsuit 228 00:17:14.279 --> 00:17:16.559 has to make its way to the Supreme Court. They don't. 229 00:17:16.640 --> 00:17:19.200 The Supreme Court does not give advisory opinions about the 230 00:17:19.200 --> 00:17:28.519 constitutionality of laws anyway. And we sort of accept within 231 00:17:28.559 --> 00:17:33.359 our political order that when the courts, and especially the 232 00:17:33.400 --> 00:17:40.039 Supreme Court rule on an executive action and its constitutionality 233 00:17:40.119 --> 00:17:42.960 or not because a lawsuit was generated out of it, 234 00:17:43.440 --> 00:17:48.799 or when the courts rule on the constitutionality of a law, 235 00:17:50.000 --> 00:17:55.720 we accept, We accept acc ept the holding of the court, 236 00:17:55.799 --> 00:17:59.799 and we abide by it. The executive and it's a 237 00:17:59.799 --> 00:18:09.160 fit allow that to be enforced. We accept this constitutional order, 238 00:18:09.200 --> 00:18:13.279 even though this is a bit of a lacuna, a 239 00:18:13.359 --> 00:18:18.920 gap within the actual written order of our constitution. Okay, 240 00:18:18.960 --> 00:18:22.400 this isn't all necessarily spelled out in the Constitution itself. 241 00:18:22.640 --> 00:18:26.440 It is a kind of settlement that we have arrived at. 242 00:18:27.279 --> 00:18:30.880 This is the most majorum, and it's kind of the 243 00:18:30.920 --> 00:18:34.759 way in which the custom of our ancestors, if you will. 244 00:18:35.000 --> 00:18:39.039 That's how the Roman Constitution worked within the Roman Republic. 245 00:18:39.400 --> 00:18:43.559 The Romans didn't have a written constitution with all of 246 00:18:43.559 --> 00:18:47.799 its various procedures and stuff written out. They had bits 247 00:18:47.839 --> 00:18:52.279 of legislation passed by this body or that body, and 248 00:18:52.839 --> 00:18:56.599 the constitution of the Roman Republic. The actual setup of 249 00:18:56.640 --> 00:18:59.960 it was kind of like your eccentric uncle's crazy addict 250 00:19:00.160 --> 00:19:07.559 where Rube Goldberg machine esque kind of craziness. But the 251 00:19:07.680 --> 00:19:11.519 Romans would appeal to the most majoram the custom of 252 00:19:11.559 --> 00:19:14.440 our ancestors. This is the way our ancestors did it. It 253 00:19:14.440 --> 00:19:16.759 was always an appeal to tradition. And we kind of 254 00:19:16.799 --> 00:19:20.400 have a little thing like that within our American constitutional order, 255 00:19:20.440 --> 00:19:24.839 particularly as it involves the relationship between the courts and 256 00:19:24.880 --> 00:19:31.000 the other branches of government. There have been occasions in 257 00:19:31.039 --> 00:19:40.599 our history, though, where we sort of didn't respect that order. 258 00:19:42.400 --> 00:19:48.400 Andrew Jackson once, you know, there's sort of a myth 259 00:19:48.720 --> 00:19:56.039 I guess that Andrew Jackson once said about the Supreme 260 00:19:56.119 --> 00:19:59.039 Court in an opinion that was issued in eighteen thirty 261 00:19:59.039 --> 00:20:02.039 two that John Marshall, the Chief Justice of the Supreme Court, 262 00:20:02.119 --> 00:20:05.319 has made his decision, now let him enforce it. Now. 263 00:20:07.240 --> 00:20:10.200 That is kind of a myth. Jackson never uttered those words, 264 00:20:10.559 --> 00:20:15.599 but the story sort of makes sense. It shows you 265 00:20:15.640 --> 00:20:19.720 sort of the kind of ify nature of the Court's standing. 266 00:20:20.000 --> 00:20:25.279 The Court can issue decisions all at once, but the 267 00:20:25.359 --> 00:20:30.200 Court relies on the executive branch to enforce the law 268 00:20:30.599 --> 00:20:35.640 and to ensure that its decisions are carried out. Because 269 00:20:35.680 --> 00:20:39.279 the Supreme Court doesn't have cops. The Supreme Court doesn't 270 00:20:39.319 --> 00:20:41.559 have guys with guns at the end of the day 271 00:20:42.160 --> 00:20:46.799 to enforce its decisions, even when the Supreme Court is 272 00:20:46.839 --> 00:20:49.920 ruling against the executive branch. So when the Supreme Court 273 00:20:50.000 --> 00:20:52.680 rules against the executive branch and tells the executive branch 274 00:20:52.720 --> 00:20:55.480 you can't do X, Y, or Z, the Supreme Court 275 00:20:55.519 --> 00:20:58.440 has no way to force the executive branch to comply. 276 00:20:58.839 --> 00:21:02.920 They don't have off, they don't have guys with guns. 277 00:21:05.680 --> 00:21:12.000 With the Supreme Court has is its moral and political authority. 278 00:21:12.640 --> 00:21:16.880 It's auctoreitas, sort of the Roman word basically meant how 279 00:21:16.960 --> 00:21:22.640 much weight you had, how much pull you had. Okay, 280 00:21:23.720 --> 00:21:31.039 that's all they've got, and if the Supreme Court keeps 281 00:21:31.200 --> 00:21:33.960 over if this is really more a problem of the 282 00:21:34.000 --> 00:21:38.440 lower courts, but if the lower courts keep issuing rulings 283 00:21:38.480 --> 00:21:41.480 that are clearly beyond their scope. I mean, yesterday we 284 00:21:41.599 --> 00:21:45.039 had an immigration a federal judge give a ruling that 285 00:21:45.160 --> 00:21:48.119 is sure to be over turned very quickly saying that 286 00:21:50.319 --> 00:21:54.200 border patrol can't detain an illegal alien without a warrant 287 00:21:54.200 --> 00:21:59.680 for their arrest, which is insane, Okay, an insane ruling, 288 00:22:00.160 --> 00:22:08.119 totally lawless. But basically, the courts rely for their standing 289 00:22:08.440 --> 00:22:12.839 on the president, on the executive branch's goodwill, and I 290 00:22:12.960 --> 00:22:16.799 think they are starting, they are really approaching with the 291 00:22:16.839 --> 00:22:20.960 proliferation of nationwide rulings by individual district court judges, this 292 00:22:21.400 --> 00:22:28.880 overstepping of individual district courts authorities authority, I think that 293 00:22:29.160 --> 00:22:34.119 is precipitating a constitutional crisis in which this sort of 294 00:22:34.160 --> 00:22:36.799 settled order of things that we have that we've had 295 00:22:36.839 --> 00:22:42.799 in America for hundreds of years, that settled order is 296 00:22:42.839 --> 00:22:45.599 going to get upset. And people on the left are 297 00:22:45.599 --> 00:22:48.640 all just going to blame Donald Trump for not following courts. 298 00:22:50.519 --> 00:22:54.279 I think these judges will have them really have themselves 299 00:22:54.319 --> 00:22:56.480 to blame because at a certain point, the president would 300 00:22:56.519 --> 00:23:00.319 have to ignore judges. If a judge tells the president, Hey, 301 00:23:00.359 --> 00:23:05.559 you can't move the marines from this marine battalion over here, 302 00:23:05.759 --> 00:23:08.240 you need to move them over there, at that point 303 00:23:08.279 --> 00:23:12.480 the president is like, no, you are infringing. A district 304 00:23:12.519 --> 00:23:14.039 court judge is not allowed to tell me what to 305 00:23:14.079 --> 00:23:17.440 do about moving marines around. Sorry, that is my job 306 00:23:17.480 --> 00:23:21.359 and my responsibility. And I think we'd all agree the 307 00:23:21.400 --> 00:23:26.880 president should blow off a court who told him that. 308 00:23:26.880 --> 00:23:30.839 That is the problem. If the president is refusing to 309 00:23:30.880 --> 00:23:34.720 obey a court, whose fault is it. Is it the 310 00:23:34.720 --> 00:23:37.640 president's fault for disobeying or is it the court's fault 311 00:23:37.640 --> 00:23:44.799 for wildly overstepping it's authority. I tend to think it's 312 00:23:44.880 --> 00:23:47.079 chicken and egg. But I think a lot of the 313 00:23:47.119 --> 00:23:50.319 problems that we've seen in the last one hundred days 314 00:23:50.599 --> 00:23:54.440 have been from courts overstepping their authority. When we return 315 00:23:54.559 --> 00:23:59.839 new data on abortion, new data on transgender interventions, could 316 00:23:59.839 --> 00:24:04.880 this reshape how the expert class talks about these topics. 317 00:24:04.880 --> 00:24:09.519 Next on The John Gerardi Show, there are two big stories, 318 00:24:10.240 --> 00:24:12.279 one of which I talked about a little earlier this week, 319 00:24:12.319 --> 00:24:14.000 and I'll talk about again on Saturday for Right to 320 00:24:14.039 --> 00:24:21.119 Life Radio, and another having to do with transgenderism. Basically, 321 00:24:21.119 --> 00:24:26.119 there's new research coming out that is breaking the lefty 322 00:24:26.279 --> 00:24:32.079 social lefty consensus of about eight years ago, which centered 323 00:24:32.119 --> 00:24:38.319 around two propositions, one that the abortion pill is the 324 00:24:38.359 --> 00:24:41.319 safest thing that has ever happened, and two that transgender 325 00:24:41.359 --> 00:24:46.799 surgeries are supported by science. We follow the science and 326 00:24:46.839 --> 00:24:49.559 I want to talk about them, and I'm hoping that 327 00:24:49.599 --> 00:24:53.759 the Trump administration can use new data to break the 328 00:24:53.799 --> 00:24:56.160 back of these two movements over the course of the 329 00:24:56.200 --> 00:25:00.279 next four years. Now here's a piece in National by 330 00:25:00.359 --> 00:25:06.400 Abigail Anthony. HHS report finds no strong evidence that supporting 331 00:25:06.599 --> 00:25:10.559 gender affirming care is effective so called gender affirming care. 332 00:25:12.279 --> 00:25:15.720 She writes, there is not strong evidence that quote gender 333 00:25:15.759 --> 00:25:18.720 affirming care for miners is effective for treating gender dysphoria 334 00:25:18.799 --> 00:25:21.039 or improving mental health. According to a report issued on 335 00:25:21.039 --> 00:25:23.240 Thursday by the Department of Health and Human Services based 336 00:25:23.279 --> 00:25:27.119 on a review of existing literature, the researchers found that 337 00:25:27.240 --> 00:25:32.160 existing studies suffer from bias and methodological errors, while the 338 00:25:32.200 --> 00:25:36.079 literature also fails to appropriately consider potential harms such as 339 00:25:36.079 --> 00:25:41.559 the loss of sexual function. OH that would seem to 340 00:25:41.559 --> 00:25:43.759 be a harm. I think I would be upset at that. 341 00:25:44.240 --> 00:25:48.440 Just that's just me. The gender affirming model of care 342 00:25:49.400 --> 00:25:55.519 includes irreversible endocrine and surgical interventions on minors with no 343 00:25:55.599 --> 00:26:00.119 physical pathology. Reads the reports forward, these interventions carry rips 344 00:26:00.319 --> 00:26:05.519 of significant harms, including infertility and sterility, infertility slash sterility, 345 00:26:05.960 --> 00:26:11.880 sexual dysfunction, impaired bone density, accrual, adverse cognitive impacts, cardiovascular 346 00:26:11.920 --> 00:26:17.119 disease in metabolic disorders, psychiatric disorders, surgical complications, and regret. Meanwhile, 347 00:26:17.200 --> 00:26:21.359 systematic reviews of the evidence have revealed deep, uncerted uncertainty 348 00:26:21.880 --> 00:26:27.160 about the purported benefits of these interventions. In an executive 349 00:26:27.240 --> 00:26:30.559 order titled Protecting Children from Chemical and Surgical Mutilation issued 350 00:26:30.599 --> 00:26:33.559 on January twenty eighth, President Trump announced that the Secretary 351 00:26:33.559 --> 00:26:35.640 of Health and Human Services would publish a review of 352 00:26:35.680 --> 00:26:38.680 the existing literature on best practices for promoting the health 353 00:26:38.680 --> 00:26:41.799 of children who assert gender dysphoria, rapid onset gender dysphoria, 354 00:26:41.880 --> 00:26:47.599 or other identity based confusion within ninety days, given the 355 00:26:47.640 --> 00:26:50.160 toxicity of this issue, and in order to allow for 356 00:26:50.200 --> 00:26:52.960 a peer review process that focuses on the substance of 357 00:26:52.960 --> 00:26:55.119 this report. The names of the contributors are not being 358 00:26:55.200 --> 00:26:57.400 released at this time. A source familiar with the report 359 00:26:57.400 --> 00:27:00.839 told national review like the CAST review commissioned by the 360 00:27:00.920 --> 00:27:03.680 UK National Health Service on gener related medical care for minors, 361 00:27:03.720 --> 00:27:06.920 that concluded this is an area of remarkably weak evidence. 362 00:27:06.960 --> 00:27:10.480 In twenty twenty four, the HHS report found that quote 363 00:27:10.480 --> 00:27:14.200 the overall quality of evidence concerning the effects of any 364 00:27:14.240 --> 00:27:19.480 intervention on psychological outcomes, quality of life, regret, or long 365 00:27:19.559 --> 00:27:26.559 term health is very low. Proponents of PMT, which I 366 00:27:26.559 --> 00:27:32.039 guess is I'm not sure what that acronym stands for. 367 00:27:32.079 --> 00:27:38.759 I guess that means child sex change interventions. Proponents of 368 00:27:38.799 --> 00:27:43.119 PMT often describe it as life saving. Some physicians recommending 369 00:27:43.160 --> 00:27:47.880 PMT have urged anxious parents to consent to irreversible interventions 370 00:27:47.880 --> 00:27:50.720 for their distressed children, warning that not doing so may 371 00:27:50.759 --> 00:27:53.839 increase the risk of suicide. Reads the report, Such claims 372 00:27:53.880 --> 00:27:56.759 are not supported by the evidence and have been criticized 373 00:27:56.759 --> 00:28:01.519 as unethical. Additionally, the HHS report, or titled Treatment for 374 00:28:01.559 --> 00:28:05.480 Pediatric Gender Dysphoria Review of Evidence in Best Practices, notes 375 00:28:05.519 --> 00:28:08.839 a blind spot in the existing studies. Most fail to 376 00:28:08.960 --> 00:28:13.039 appropriately consider any potential harms The HHS Report is an 377 00:28:13.160 --> 00:28:17.359 umbrella review of seventeen pre existing systematic reviews, with some 378 00:28:17.400 --> 00:28:20.319 reviews encompassing more than one topic. Two on the effects 379 00:28:20.359 --> 00:28:25.160 of social social transition so kid just wearing different clothes 380 00:28:25.200 --> 00:28:28.519 and using a different name, nine on puberty blocking drugs, 381 00:28:28.799 --> 00:28:33.279 eight on cross sex hormones, three on surgery, five on psychotherapy. 382 00:28:33.920 --> 00:28:38.119 The HHS researchers measured the quality of evidence as high, moderate, low, 383 00:28:38.240 --> 00:28:42.039 or very low by evaluating the risk of bias, unexplained 384 00:28:42.079 --> 00:28:46.200 variations and results, a lack of direct evidence, wide confidence intervals, 385 00:28:46.240 --> 00:28:49.960 small sample sizes, and other methodological errors. Of the seventeen 386 00:28:50.000 --> 00:28:52.920 systematic reviews, seven were rated as having a quote high 387 00:28:53.039 --> 00:29:01.920 risk of bias overall, while others similarly suffered from methodological flaws. Now, 388 00:29:06.519 --> 00:29:15.160 this is the thing the left has totally captured the 389 00:29:15.279 --> 00:29:22.720 American Academy of Pediatrics. People don't appreciate this, the way 390 00:29:22.839 --> 00:29:28.480 in which the left has completely captured the leadership of 391 00:29:28.759 --> 00:29:33.960 a number of medical professional associations, particularly ACG, the American 392 00:29:34.000 --> 00:29:38.920 College of Obstetricians and Gynecologists, the American Academy of Pediatrics, 393 00:29:39.400 --> 00:29:44.359 and others. My parents have talked about this dynamic with 394 00:29:44.400 --> 00:29:46.720 me for a long time given up. My mom's a dermatologist, 395 00:29:46.759 --> 00:29:51.000 and my dad who passed away back in March of 396 00:29:51.039 --> 00:29:56.599 twenty four. My dad was an orthopedic surgeon, and different 397 00:29:57.359 --> 00:30:02.799 branches of medicine, there diferent sort of professional organizations for 398 00:30:03.240 --> 00:30:05.440 different branches of medicine. For example, my dad was an 399 00:30:05.480 --> 00:30:07.640 orthopedic surgeon, so he was part of the American Academy 400 00:30:07.640 --> 00:30:17.400 of Orthopedics, And basically there were kind of different yeah, 401 00:30:17.400 --> 00:30:20.599