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Speaker 2: Well, one of the big stories over the weekend, of
course you heard about it in the news update from
Brandon there. It's been talked about over the last couple
of days is this decision from a US District court
judge that was issued on Saturday evening that blocked the
deportation of the gang members and Venezuelan Street gang to
El Salvador. Now Saturday evening, this US district court judge
blocked the deportations, but lawyers for the administration, lawyers for
the President.
Speaker 3: And the.
Speaker 2: Executive branch, told the judge, hey, there's already two planes
with migrants that is in the air, one headed for
Ol Salvador, the other for Honduras. This, of course very
much frustrated the judge who ordered the planes to be
turned around, but they were not, and the lawyers for
the Trump team said, well, you didn't include that a
directive in your written order. So the flights continued. They
were already over international water when this ruling came out.
We've heard from the Press Secretary in Caroline Levitt that
the order stands. That's fine, but these planes were not
going to be turned around. And so it brings forth
an interesting question and something that has been brewing, I
think for quite some time. And this really is the
power that US district judges have.
Speaker 3: Now.
Speaker 2: If you are a fan of the United States Constitution,
of which I find myself quite the fan of, I
will admit it's not a not necessarily a bedtime reading
or anything like that. But knowing the Constitution, understanding what's
in the constitution, there's only one level of judiciary that
is mandated in the Constitution. That is the States of
the Land's highest court, the United States Supreme Court, which
currently is controlled by Chief Justice John Roberts. Federal district
judges and courtrooms are not mandated, not required, not even
talked about it at all in the US Constitution, and
While I'm not sitting here this afternoon and saying that
federal district judges need to be the courtrooms need to
be abolished, there is an interesting question that I think
the US Supreme Court, who has doled out this authority
to the district courts, needs to deal with, and it's
over who has authority in the executive branch. Something that
I have found myself incredibly frustrated with, and I'm sure
many of you have as well, is that every time
the Trump administration and now is an executive order over
the last sixty days or so since he's been in the.
Speaker 3: Oval office, what is the result?
Speaker 2: Immediately the ACLU or some other left wing hack of
an organization runs to a district court somewhere in America,
gets in front of a friendly Democrat appointed judge, and
what's the end result. A temporary stay is put in place,
a temporary restraining order is put in place, a temporary
block is put in place.
Speaker 3: We have seen it.
Speaker 2: I can't even count how many times since January the twentieth,
almost everything that has come out of the executive Branch
has been in some cases shot down or delayed due
to decisions of district court judges, individuals that are not
elected to those positions, individuals that are not laid out
and aligned in the United States Constitution, but have been
given to that authority by the Supreme Court by Congress
to operate.
Speaker 3: And the idea makes sense.
Speaker 2: You don't want every case federally going to the United
States Supreme Court case the amount of cases, the case
log would be incredibly long. I mean, they'd be hearing
cases and reviewing cases twenty four seven, three sixty five.
There'd never be a break. And so they have created
this essential buffer zone, which is the federal district court system.
But what do you do when that federal district court system,
which again is not mandated in the Constitution, was something
that was ginned up after the fact. What do you
do when that federal court system is no longer doing
what they're supposed to? What do you do when that
federal court system is starting to encroach on the authority
that it has. What do you do when it oversteps
its bounds? Because that's what we're seeing right now. We
are seeing activist, hyper partisan, activist judges that are deciding
themselves what authority the President of the United States does
or does not have. And by the way, like in
this case over the weekend, where this judge blocked the
deportation flights, he didn't rule on the merits of the case.
He did not come out with a decision either for
or against this He issued a temporary stay, a temporary
restraining order against the actions of the administration, of the
executive branch of our government. And he doesn't have the
authority to do that. You've heard and seen some comments
even just this morning from individuals within the administration, including
Caroline Levitt, indicating that these judges do not have this authority.
And I think what we are about to see, and
I don't know when exactly it's going to happen. It
could happen sooner rather than later. It could happen a
year and a half from now. We are going to
hit a very interesting point. And again it could happen
like literally today, where the administration starts ignoring these district
courts the same way that the Biden administration ignored the
district courts. And so what happens then, what do you
do when the district court judges who are hyperpartisan, who
are incredibly politically polarized one way or the other, What
do you do when the administration starts ignoring them? I mean,
we are setting ourselves up for an absolute disaster. But
that's what's happening. That's what I foresee taking place here
in some period of time, could be soon, could be
a year from now, because this administration, just like the last,
is just going to start ignoring these orders. That's exactly
how this plays out. So it leaves a key question
for the United States Supreme Court for Chief Justice John
Roberts to deal with, how do you get these courts
back in line? How do you make sure that these
district court judges either a stop acting in sitch a
hyperpartisan manner so that people actually in administrations and lawmakers
actually follow their orders, or b how do you get
them to or how do you force individuals to comply
with their orders. It's a very interesting discussion. It's something
that has been brewing for quite some time, as these
positions have become so hyper political, As these positions have
become more and more politically biased, and we see that
democrats and their organizations like the ACLU just shop themselves
around the country finding judges that they know will be
sympathetic towards them, finding judges that they know will be
in their camp, in their corner to rule against the administration.
There's a saying in politics, sue till blue. That's how
the Democrats operate. That's how they're operating right now. Can't
win on the issues, can't win by convincing the American
voters that your ideas are better.
Speaker 3: Just sue everybody. Just sue the Republicans.
Speaker 2: Sue the administration on every single thing that they do
in front of left wing activist judges. And even though
the Supreme Court will likely not rule in your favor
at the end, these intermediary judges, these intermediary judiciaries, like
the federal district courts, they will give you the temporary
relief just enough to gum up what the administration is
trying to do. And that's a serious problem. It sets
a very dangerous precedent going forward. And I think the
Supreme Court, specifically Chief Justice John Roberts, has got to
figure out how to get this under control. He's got
the authority to do so, and he's got to figure
it out because I can tell you right now you
can take this to the bank. This administration is just
going to start ignoring these left wing activist judges in
their court orders. That's just what's gonna happen. Then what's
John Robert's gonna do? Then what's the Supreme Court gonna do?
He has the opportunity to get ahead of this. Now
we'll see if he does so.
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Speaker 2: Dot com talking about the radical progressive Democrat judges and
a very interesting kind of fight I see playing out
over the next couple of years here in the United States.
As these left wing judges that Democrats of course used
to court shop, they find their friends in the courts,
a Democrat appointed judges in the district court level, and
the groups like the ACLU shop around all of their
various issues that they don't like because they lost Republicans one,
so they shop around all of their issues to courts
until they find a judge that's says, hey, I'm a Democrat.
Hey I'm a progressive liberal. I'll side with you. Whatever
you say is gospel. Yeah, sure, I'll issue a temporary stay,
I'll issue a temporary straining order. I'll block what this
administration is trying to do. It's a very dangerous, damaging
precedent that is being set. And I don't know how
this fight's going to play out, but it's absolutely going
to happen sometime in the next two years.
Speaker 3: There's no question about that.
Speaker 2: Seven oh four or five, seven oh eleven ten is
our hotline where you can call be part of the show.
This afternoon, let's jump on over to line one. Ernest
is hanging on. Ernest A good afternoon. You're on the
Peak Counter show with Nick Craig. What's going on?
Speaker 4: Thank you? Nick? I really I.
Speaker 5: I practice law for thirty eight years and I've seen
a lot of this stuff, and I've got to tell you,
you're not going to get John Roberts to do anything
until you incentivize him and the Supreme Court to do something.
Last night, I was stunned that Nut Ingrich was on
Mark Levine and outlined exactly what the Republicans should do
immediately to put a stop to this, and to do
the incentivizing of John Roberts's immediately, to get the best
conservative minds in the country and hold a hearing on
exactly the constitutional limits on the district courts, and after that, outline,
have another hearing when you bring five of the most
way out the district judges that have made rulings lately
and grilled them. But I wouldn't grill them through the
Senator of the Congressman, I would go out and get
me some ringers, some really smart litigators, constitutional lawyers to
come in and grill those judges and make them look
like fools. And then at the end you either impeach
those judges or you do away with their cores and
their position.
Speaker 2: I've actually got that clip, Ernest. I appreciate your calling,
you know, and you make the point about, you know,
until John Roberts is incentivized to do something, he's not
going to. Well, I'll tell you what the incentive is
playing out right now. When you're gonna have this administration
just saying, yeah, we don't really care what these district
court judges say. Oh you don't want us to do this, well,
too bad, We're gonna do it anyway. That's gonna be
the incentive that John Roberts and the nation's highest court,
the only court that is outlined in the United States Constitution,
the Supreme Court, is going to have to deal with.
There's just there's no way around it. We have seen
the scope creep you're familiar with that term with these
district court judges over the last couple of years, and
it's gotten even it was pretty bad during Trump's first term.
It's out of control now and so the Supreme Court
in Congress, as as Ernest was mentioning, is gonna have
to deal with this. And I'll have that new Gingrich
clip with Mark Levin coming up here a few minutes
before we get to that, want to jump back to
our phone lines, say good afternoon to Marty.
Speaker 3: Marty's hanging on the line line too. Marty. You're on
the Peak Counter show with Nick Craig. What's going on?
Speaker 6: Hi?
Speaker 4: Nick? Yeah? I wanted to comment also on you know,
what's going on with the Democrat Party and the justice system? Sure?
To me, it seems that they're opening up a and
I don't know how the word is, but they're showing
a flaw into our government. And basically it's not necessarily
a flaw. It's something they're using to create a flaw
in our system. And I believe kind of as you
lady too, while ago and I guess I had a
question to go along with it. What would happen if
he totally ignored their decisions until the Supreme Court ruled.
Speaker 7: In on it?
Speaker 3: Nothing?
Speaker 2: I mean, And that's why that's like, what the previous
call was mentioning until the Supreme Court has some overarching
reason to step in a district court judge tells the
administration not to do something, they do it. Anyway, who's
the greater authority, It's the United States Supreme Court. I
mean that that's what hasn't played out yet and what
I see playing out.
Speaker 3: It could be this week, it could be three.
Speaker 2: Months from now. They're just going to stop it. They're
just gonna stop agreeing with these orders and just do
whatever they want.
Speaker 4: Well, I think that in the long run is what
it's going to take, because I believe that as fast
as Trump is moving and the administration is moving, they're
going to have so many stacked up that the Supreme
Court's gonna have the rule loan that it's going to
probably aggravate Robertson and everyone else on the Spring Court
based on how many fevolous law suits are not lawsuits necessarily,
but stays and everything else that they've implemented on this administration.
Speaker 2: I think you're absolutely spot on there, Marty. Thanks for
listening and appreciate the call. This afternoon. That's exactly what's
going to happen. I mean, the Supreme Court is not
going to have a choice. You're going to have an
administration that is completely defiant and by the way, I
don't know that that's a good thing, right. We don't
want the administration to have to deny and to nor
are these decisions coming from these courts. But what option
are they left with? The Democrats under their parent organizations,
are all their little groups ACLU and everybody else just
sues them over everything that they do. There's no authority
for the judges to shut these decisions down. The judges
were not elected President Donald Trump was What option is
the administration left with? And you're already seeing the verbiage
kind of coming out from individuals like Caroline Levin. You've
seen some I've seen some cryptic posts on x from
Stephen Miller over the last couple of weeks indicating that
this is a battle that we're going to see.
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Speaker 2: We're discussing what is a major battle I see brewing
right now in the federal system, where you've got activist
judges that are are completely overstepping their authority, completely overstepping
their bounds, and essentially deciding what the executive branch is
and is not. Now, that is a major problem because
these district court judges do not have the authority to
do that. Yet their friends in the ACLU and other
left wing Democrat activist organizations shop around the United States
for anything that the Trump administration does, they find a
friendly judge, they bring it in front of them, and
lo and behold. The same result happens every time a
temporary stay, some sort of temporary hold, restaining order block
is put in place by these judges, each and every time,
And the most recent example of that was this weekend
when a federal district court judge ruled that the Trump
administration did not have the authority to deport more than
three hundred illegal aliens of a dangerous Venezuelan street game. Now,
as while we were in break, the White House press
briefing is ongoing right now. Caroline Levitt's about this, talked
about the proclamation signed by the President and made some comments.
Speaker 3: This was Caroline Levitt. Just a couple of.
Speaker 2: Minutes ago, in the White House Press Briefing Room, take
a listen.
Speaker 8: President Trump signed a proclamation invoking the Alien Enemies Act
regarding the invasion of the United States by the foreign
terrorist organization trend de Aragua. At the President's direction, the
Department of Homeland Security carried out a counter terrorism operation
deporting nearly two hundred violent Trendy Aragua terrorists, which will
save countless American lives. Thanks to the great work of
the Department of State, these heinous monsters were extracted and
removed to El Salvador, where they will no longer be
able to pose any threats to the American public. Public.
Trindey Aragua is one of the most ruthless terrorists gains
gangs in the world, and they are responsible for some
of the most heinous crimes that have occurred in our
nation's history in recent years, including the savage murders of
Beautiful Lake Riley and Joscelyn Ungray. President Trump promised lacn
and Joscelyn's families during his campaign that he would demand
justice for their beautiful girls, and that's exactly what he
did as the President acknowledged during his inaugural address on
January twentieth, he pledged to invoke this act, and he
has no higher responsibility than to defend our country from
threats and invasions.
Speaker 2: One might say, promises made promises gap. That was Caroline
Levitch just a couple of minutes ago about that did
she commented more? She was asked a question. I don't
have the questions not part of the clip, but was
asked by a member of the media about this judge
order and about the executive authority.
Speaker 3: She followed up by saying this, the President.
Speaker 8: Is using every lever of his executive authority and his
constitutional authority within the bounds of the immigration laws of
our country to ensure that our streets are safer for
law buiding American citizens. And this administration is focused on
to haining, arresting, and deporting illegal criminal aliens. And as
you saw this past weekend, the President used his authority
under the Alien Enemies Act to deport foreign terrorist trendy
Aragua is now a designated for foreign terrorist organization and
as I said, there were nearly two hundred trendy Aragua
members who were sent to El Salvador this weekend. Countless
lives will be saved because of this action. And if
you talk to the families, the Angel families, as I
mentioned Blake and Riley and Jocelyn Nungray, they understand the
grave cost of life at the hands of these illegal terrorists,
and the President is proud to deliver on that promise
for them.
Speaker 2: And that's the words right there, straight out of the
Press secretary's mouth about this, claiming that the president has
the executive authority, claiming that he's invoking acts to give
him the authority to do just that. Yet there are
still legal challenges that are being brought. And once again
you've got these Democrat activist judges that are and I
believe and it seems to be the case of the
administration as well, overstepping their bounds, overstepping their authority and
deciding what the executive branch can and can't do. Seven
four five, seven h eleven ten is our phone number.
Let's jump on over to line one. John is hanging
on the line. John, Good afternoon. You're on the Peak
Counter show with Nick Craig. What's going on?
Speaker 7: Hey, not much interesting, interesting show. I didn't realize that. Uh,
I didn't really ever thought about the only court mentioned
in the Constitution is the Supreme Court. But if I
understood you correctly, you acknowledged the fact that that these
courts are necessary because the Supreme Court couldn't possibly take
up all the legal matters that are going on in
the country. Is that correct?
Speaker 6: Yeah?
Speaker 2: That Originally, as I understand, the spawning of the district courts,
it was to cut down on the case workload. As
the United States brew and as there were more federal
challenges that took place, they introduced this buffer, which was
the district courts.
Speaker 7: Exactly, right, okay, And so how are those is put
into power.
Speaker 3: They are appointed to those.
Speaker 7: Positions, and they're appointed by.
Speaker 3: The President of the United States.
Speaker 7: Okay, And so the president of the United States get
elected based on the ideas that they present to the
American people, Right.
Speaker 3: Yes, sir, what's your what's your comment or question?
Speaker 7: Well, my comment is these judges were appointed by Democrats
because they won elections. So maybe if the Republicans won
more elections, they would have judges that they like that
would rule in the favor.
Speaker 3: Well, there are plenty of conservative judges whaying.
Speaker 7: About the fact that your ideas are not winning.
Speaker 3: But they're not winning.
Speaker 2: I mean, they're obviously not. If the Democrats ideas were winning,
the Democrats would not have lost the popular vote and
lost all seven swing states.
Speaker 7: All of these judges that are in place from prior
wins that are now creating. Right, So this is just
the way the system works. I mean, you can't.
Speaker 3: That's not the way the system works. What do you mean?
Speaker 2: It's the way that Where in the Constitution does it
indicate that a US District Court judge has the authority
to tell the executive branch how they can and cannot operate?
Speaker 3: Where is that written?
Speaker 7: Well? If it's not, well, no, not.
Speaker 3: Well, where where is where is it written? John?
Speaker 7: Let me finish. If it's not within their authority, then
the Supreme Court will rule correct precisely.
Speaker 2: That's exactly what That's exactly what the last hour has
been discussing is when does the United States Supreme Court
step in and tell these judges that they're acting out
of line.
Speaker 3: That's exactly the question.
Speaker 7: I guess we'll find out. But my point is you're
saying that Democrats can't win on ideas.
Speaker 3: They can't.
Speaker 7: They can only win on appointing judges agree with them.
But they wouldn't win. If they didn't win elections, they
couldn't appint those judges.
Speaker 4: No, that's not that's not the point that argument that
you're making.
Speaker 2: No, because that's not the point I was making at all.
All of the issues that the Democrats are in favor.
Speaker 7: My friend, it's the point I'm making. Well, don't pretend
that that Democrats elections on ideas. Obviously they do well,
they don't as of late, support their ideas, just like
Republicans appoint judges that support their ideas. You're just losing
the battle's obviously.
Speaker 2: It's obviously it's the Republicans losing the battle as Democrats
completely got their clocks cleaned to November.
Speaker 3: Thanks to call.
Speaker 2: John greatly appreciated its Thanks John to call this afternoon.
Speaker 1: All right, if you're listening to this show, you know
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Speaker 2: How do we go forward with the current situation unfolding
in across the US district court level where you've got
a left wing activist judges that are being shopped by
Democrat groups like the ACLU to just gum up everything
coming out of the executive branch. It's a very interesting
question that we are likely going to see play out
at the national level over the next couple of weeks, months,
and potentially years. As this administration continues with their agenda.
Let's jump back to our phone lines. Alex'sing online one. Alex,
You're on the Peak Calendar show. Good afternoon. What's going on?
Speaker 6: Hey, how are you Nick? Yeah, I was just listening
to the show, kind of wanted to call in. Maybe
if nothing else, maybe give me my first sense or
a couple of cents. So I don't subscribe to maga theory.
I did not vote for for him, but I think
but I guess my point is this. I mean, you're
talking about some judges that, you know, liberal judges that
acted as judges. I mean, Judge Ellen Cannon is right there,
available for four months and by the presidency. So when
you're talking about certain challenges not being you know that
Biden having just you know, a handful of challenges thrown
at him versus versus Trump. I mean four years you
had judges that Republican judges, they were appointed and they
were available. I'm sure there was a there were a
number of challenges that Republicans brought in. They just, you know,
for some reason, they decided not to do that as much.
You maybe Republicans should. It's not the fact that how
many challenges, but the fact, it's not because it's Trump.
Maybe it's because of the kind of rulings, the kind
of not rulings, but the kind of things that he's
putting out there. And people just want to say it's
a checks and balances and for Trump to sit there
and you know, scream and yell about these activist judges. No,
it's not activist judges. It's the rulings and that's the
system of checks and balances we have. Yes, you have
Districts Court. They are there to take some you know,
basically load off Supreme Court. I'm sure all these cases
will make them make it up in the Supreme Court
and that's when they're going to be decisioned. Of course,
now Trump is not sure on the Supreme Court because
you have you know, the what's her name, Ammy Barrett. Yeah, yeah,
of course. Now she's not one hundred percent on Trump
because he's you know, well, she doesn't seem to be
liking him that much. It's just you know, I mean.
Speaker 2: I think the Amy call me Barrett is an example
of of a a justice appointed by the president that
doesn't always side with him. And I agree a completely
with your point on checks and balance. But this is
the issue that I've got with it. For example, this
this situation over the weekend, with these flights being halted,
the judge did not rule in favor of the ACLU
or rule in favor of the Trump administration. An unelected
district court judge put a temporary stay in place without
the merits of the case place being played out and
being discussed. And I think that is where the frustration
is boiling over with the administration. Your call and your
comments on checks and bounces, I think are absolutely spot
on appreciated this afternoon at seven oh four five, seven
eleven ten.
Speaker 3: I agree with you completely.
Speaker 2: We want checks and bounces, We want a judicial system
that works fairly for America. Sure, but what do you
do when you've got these judges that are not ruling
on the merits. They're just immediately stopping everything that the
administration is trying to do. That's a problem. Let's grab
one more quick call. David is hanging online for David.
We got about a minute go ahead. You're on the
Peak Counter show.
Speaker 9: Hey bam, you got sold my thunder. What I was
gonna say, or you guys did, is look, man, when
it comes down to brass tacks e. A president can
defy the Supreme Court Andrew Jackson did. They have no
mechanism of enforcement of law except through the Department of Justice.
So this is really a moot point. It doesn't look good.
Granted liberals that are these liberals that are judge shopping
to get this.
Speaker 2: Christis going, yeah, there's no question about it, and that's
you're right. It's a terrible political look and we're probably
going to see it play out over the next couple
of months. David, thanks for the call this afternoon. I
appreciate your listening. At seven oh four five seven eleven ten,
we'll catch up on some other news with ap Dillon
coming up here just a few minutes. So you're listening
to The Pete Calender Show News Talk eleven ten and
ninety nine to three WBT.
Speaker 1: All right, that'll do it for this episode. Thank you
so much for listening. I could not do the show
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