Speaker 1: This is Dan Capless and welcome to today's online podcast
Speaker 1: edition of The Dan Caplis Show. Please be sure to
Speaker 1: give us a five star rating if you'd be so kind,
Speaker 1: and to subscribe, download, and listen to the show every
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Speaker 2: Not this fighting.
Speaker 1: We're winning, I mean, and I'm sure you've been fighting
Speaker 1: in your own way for a long time, but we're
Speaker 1: winning right now. And it is a beautiful thing to behold,
Speaker 1: and above all, it's great for the country. But please,
Speaker 1: I hope you can savor it a little bit because
Speaker 1: the last three days, right, and this has been a
Speaker 1: constant refrain on the show for a long time, but
Speaker 1: the last three days it's been like, hey, are you
Speaker 1: tired of winning yet? And then you get these big
Speaker 1: US Supreme Court decisions today as well as wins on
Speaker 1: other fronts.
Speaker 2: So yeah, this is a great thing.
Speaker 1: And it feeds on itself and in the ways we
Speaker 1: discussed earlier, So very bright future ahead. Could it be
Speaker 1: screwed up, sure, but a very bright future ahead if
Speaker 1: things keep tracking, And yeah, we got to do our
Speaker 1: stuff too, right three all three, someone, three eight two
Speaker 1: five five texts DA and five seven, seven, three nine
Speaker 1: and then thank you to the Texters who alerted me
Speaker 1: this big issue. I think it's one of the most
Speaker 1: important local issues in a long time here in Colorado,
Speaker 1: and I call local all of Colorado, and I think
Speaker 1: the governor needs to get involved in this as well.
Speaker 1: And so what we found out from our listeners about
Speaker 1: twenty five minutes ago is that the beloved Denver Zoo
Speaker 1: has to close tomorrow.
Speaker 2: It has to close at one.
Speaker 1: Why because a bunch of punk thug criminals, a mob
Speaker 1: has threatened to take over city Park like they took
Speaker 1: over Northfield Mall.
Speaker 2: I think it was on Sunday night, might have been Saturday.
Speaker 1: Well, first of all, you can't have mob rule anywhere,
Speaker 1: including the city of Denver. And it is obscene the children.
Speaker 1: Think about the children and how much you love to
Speaker 1: go to the zoo as a child, and we love
Speaker 1: to take our kids to.
Speaker 2: The zoo as adults.
Speaker 1: So now you've got all these kids and parents who
Speaker 1: can't go to the zoo tomorrow because a bunch of
Speaker 1: criminal thugs are going.
Speaker 2: To take over park.
Speaker 1: Well, what what self respecting mayor, even if they're not
Speaker 1: self respecting, what mayor with any sense of civic responsibility
Speaker 1: what governor would sit back and allow this to occur.
Speaker 1: And if you're the mayor, you have direct control, right,
Speaker 1: this is your city. This is the same mayor who
Speaker 1: said he was going to use Denver police to go
Speaker 1: out and stop federal law enforcement from enforcing federal.
Speaker 2: Law in Denver.
Speaker 1: The same mayor who said he was going to rally
Speaker 1: tens of thousands to the street to stop federal law
Speaker 1: enforcement from enforcing federal law. And he's going to sit
Speaker 1: back and allow these punk thugs to take close the zoo.
Speaker 1: And don't blame the zoo. This is not the zoo's faull.
Speaker 1: The zoo has to protect those animals, it has to
Speaker 1: protect their customers. It's not the zoo's fall, it's the
Speaker 1: mayor's fault. And don't dare blame the police. You know,
Speaker 1: you know what the police sign up for. My dad
Speaker 1: was a cop for thirty years. Every one of these
Speaker 1: men and women, they sign up to go out and
Speaker 1: put their life on the line to enforce the law.
Speaker 1: One thousand percent certain law enforcement wants to be out
Speaker 1: there tomorrow.
Speaker 2: Keeping the zoo open. So blame the mayor he gets
Speaker 2: elected to.
Speaker 1: I mean, the most corresponsibility of a mayor is to
Speaker 1: protect the people and protect the operation of the city.
Speaker 1: And this mayor won't stand up to a mob of
Speaker 1: young punks who advertise where they're going. They advertise that
Speaker 1: they were going to take over Northfields Mall, and they
Speaker 1: did what an embarrassment to the city. And now they've
Speaker 1: advertised they're going to take over City Park. But rather
Speaker 1: than stop them, the mayor saysn't okay. Yeah, so all
Speaker 1: these kids now can't go to the zoo. That is pathetic.
Speaker 1: So what do we do about it? And where's the governor?
Speaker 2: Right?
Speaker 1: I mean, I understand it's the mayor's immediate jurisdiction, but
Speaker 1: any governor who cared at all about the people of
Speaker 1: his state would at least step up and use the
Speaker 1: platform and say we can't allow this to happen. We
Speaker 1: can't allow this precedent to be it's already been set
Speaker 1: at Northfields.
Speaker 3: We got to draw the line.
Speaker 2: We're going to keep that zoo open and we're going
Speaker 2: to use every bit of force we have to use
Speaker 2: to stop these thugs.
Speaker 1: Now, wow, incredible three oh three seOne three eight two
Speaker 1: five five. The obvious president right that got away with
Speaker 1: it at Northfields so now the mayor is going to
Speaker 1: let him get away with it here, and then what's
Speaker 1: that going to do. Oh yeah, I'm sure that's going
Speaker 1: to cause smaller mobs to now form in the future. Right,
Speaker 1: That's going to cause them to just say, oh no,
Speaker 1: it's no fun because we're able to shut down them all.
Speaker 1: We're able to shut down the zoo. We'll just stop now. No,
Speaker 1: obviously it's just going to embolden them. So tells you
Speaker 1: everything you need to know about Democrats in charge, right,
Speaker 1: And when when I was a kid, I never would
Speaker 1: have said that. From a family of proud Democrats. My
Speaker 1: dad a great Democrat, and so many law enforcement officers,
Speaker 1: at least back in Chicago Democrats.
Speaker 2: But think about the decay in that part. Think about what.
Speaker 1: It's it's gone to right now where it started like
Speaker 1: when I was a little kid. John Kennedy is president, right,
Speaker 1: John Kennedy put his life on the line to fight
Speaker 1: the communists.
Speaker 2: And then you know what do you have now?
Speaker 1: You have that the face of the Democratic Party is
Speaker 1: an avowed socialist who's probably even more of a communist
Speaker 1: communist and an open am anti semi who's going to
Speaker 1: be mayor in New York. So look at the decay
Speaker 1: in that Democratic Party and then of course the decay
Speaker 1: in Denver as a result of being ruled by Democrats,
Speaker 1: and think about what it means politically, Ryan, because I
Speaker 1: got to tell you this is such a no brainer
Speaker 1: politically right now, what a gift to Mike Johnston if
Speaker 1: he wanted to do the right thing, because he could
Speaker 1: be an instant hero. He could just let law enforcement
Speaker 1: do what law enforcement wants to do and stand up
Speaker 1: to the mob and stop the mob and keep that
Speaker 1: zoo open.
Speaker 2: And politically, in any kind of sane world, it would.
Speaker 1: Be a tremendous political gain for him, right But with
Speaker 1: these radical lefties controlling the Democratic Party, it now becomes a.
Speaker 2: Political loser for him. Think about how twisted that means.
Speaker 1: The Democrats are not the rank and file, but the
Speaker 1: people who won't and operate the party. Dan, you're on
Speaker 1: the Dan Kapla show.
Speaker 2: Welcome they Dad.
Speaker 4: I really can't even talk what you just said. I
Speaker 4: was going to just talk to you about this. I mean,
Speaker 4: how does the mayor cow down to a mob of teenagers.
Speaker 4: I mean it just shows so much weakness, right, And
Speaker 4: I mean, you know, the good law abiding citizens. I
Speaker 4: guess they get punished, not the you know.
Speaker 2: The mob, right, I mean exactly, but they just keep
Speaker 2: electing these guys.
Speaker 4: I mean, I mean, hopefully this is their last stint.
Speaker 4: You know, they've they've basically ruined everything, and hopefully people
Speaker 4: wake up to this. So you kind of you kind
Speaker 4: of put icing on all of the take. I was
Speaker 4: gonna talk about, have a great.
Speaker 2: Weekend, Thankstein, you two that that is so true though, right,
Speaker 2: the law abiding citizens get punished. All these little kids
Speaker 2: who are looking forward to the zoo and you can
Speaker 2: remember it right as a kid. I mean, going to
Speaker 2: the zoo is a big deal. You bet.
Speaker 1: These kids have been looking forward to it all week
Speaker 1: and the parents looking forward to taking them. But now
Speaker 1: they can't go because the mob wins. With Mike Johnston's mayor,
Speaker 1: the mob wins.
Speaker 2: And don't blame the zoo.
Speaker 1: They're just doing what they have to do to protect
Speaker 1: the animals and their patrons, and the zoo blame the mayor.
Speaker 2: He's letting the mob win.
Speaker 1: Stunning Tammy and Denver and politically, great question, Dean raises,
Speaker 1: will it cost Johnston politically in Denver?
Speaker 2: Don't bet on it, right, Tammy? Welcome to the show.
Speaker 5: Hi, Dan, I was just thinking out loud. Well, first
Speaker 5: of all, I want to say, they're not just kids.
Speaker 5: I mean, these are not just young people. There's a
Speaker 5: lot of old people out there too, and they're old
Speaker 5: and I'm old, but they're even older than me.
Speaker 3: But anyway, Oh, don't.
Speaker 1: Timmy educate me because all I've known is what I've
Speaker 1: read on these mobs. So you're saying the these criminals
Speaker 1: who who are now taking over big spots in Denver
Speaker 1: and fighting, it's not just young criminals, No.
Speaker 5: No, they're they're like there's a lot of I'm going
Speaker 5: to say, like seventy the seventies, early seventiesh people, sixty
Speaker 5: five that.
Speaker 2: In these mops out there fighting.
Speaker 5: Yes, yes, holy can Well no, they're not the fighting parts,
Speaker 5: but they're the part of the protesting parts.
Speaker 1: Well are we talking about the same thing, because my
Speaker 1: understanding of these mops is that it's these are young
Speaker 1: criminals and they take over these places. The first was
Speaker 1: Northfield and then they fight.
Speaker 2: Oh no, different deals.
Speaker 6: I don't know.
Speaker 5: Yeah, we're talking. Yeah, like the reason why I called this,
Speaker 5: do we have to worry about the museum as well?
Speaker 5: Because it's going to be really warm tomorrow, and my
Speaker 5: grand baby and I were actually going to go to
Speaker 5: the museum.
Speaker 1: Wow, well it'll probably be easier to get in.
Speaker 5: Well, yeah, but I don't know to the Yeah.
Speaker 2: Maybe they'll have any exhibit.
Speaker 1: Maybe they'll have an exhibit from like thirty years ago
Speaker 1: when when the mayors of Denver used to enforce the law.
Speaker 1: But Tammy appreciate the call. Sorry about that, Timmy appreciate
Speaker 1: the call.
Speaker 2: Thank you.
Speaker 1: Want to squeeze everybody, And when we come back, we'll
Speaker 1: start with Joe in monument and then get to our
Speaker 1: other callers and text. But if you just joined us,
Speaker 1: thank you. But here's what's going on. The beloved Denver
Speaker 1: Zoo has to close tomorrow. Not their fault, they have
Speaker 1: to close tomorrow because of a mob of lawbreakers has
Speaker 1: said that they're going to take over city Park. So
Speaker 1: Mayor Johnston, rather than stopping the mob, punishes the innocent
Speaker 1: civilians and the kids. So the kids now can't go
Speaker 1: to the zoo because Johnston's going to let the mob
Speaker 1: do what they want to do.
Speaker 2: Do we have a mayor or a mouse? You're on
Speaker 2: the Dan Capitla Show.
Speaker 3: And now back to the Dan Kaplas Show podcast.
Speaker 7: We're learned tonight that the Denver Zoo is going to
Speaker 7: close seven hours early Saturday ever concerns about a planned
Speaker 7: takeover event. The zoo tells us Denver Police warn them
Speaker 7: about an event called City Park Takeover that's circulating right now.
Speaker 2: On social media.
Speaker 7: Now, as a precaution, they're going to close at one
Speaker 7: pm instead of eight pm to avoid any potential problems.
Speaker 7: We first told you about these takeover events after hundreds
Speaker 7: of teenagers showed up at the shops at Northfield all
Speaker 7: over the weekend. Multiple flights broke out and Denver police
Speaker 7: were forced to come in and break it up.
Speaker 1: See, this is an outrage, total outrage. Don't blame the
Speaker 1: zoo and don't blame the cops. Blame Marr Johnston. He
Speaker 1: won't stand up to this mob and say not on
Speaker 1: my watch. I'm going to do whatever I have to
Speaker 1: do to make sure people can go to the zoo
Speaker 1: and people can use City Park on a beautiful Saturday
Speaker 1: Sunday in late June, one of the latest days of
Speaker 1: the year.
Speaker 2: And so now kids can't think.
Speaker 1: About the beautiful night it's going to be at the
Speaker 1: zoo tomorrow and kids can't go Johnston, won't stand up
Speaker 1: to this mob. That's just sick and it just encourages
Speaker 1: more lawlessness. It's absolutely backwards. Again, don't blame the zoo.
Speaker 1: This is on Johnston. Three or three someone three A,
Speaker 1: two five five the number? Want to get to more text,
Speaker 1: more calls and big US Supreme Court decisions today and
Speaker 1: I broke down in great detail. And I say great
Speaker 1: because the details are great and it's of monumental importance
Speaker 1: to this nation. This decision today that that no individual
Speaker 1: district court judges cannot enjoin, cannot lock up and stop
Speaker 1: a president, being a Democrat or Republican president nationwide, that
Speaker 1: they can just.
Speaker 2: Impact the litigants in front of them.
Speaker 1: There are some exceptions to that, but the general rule
Speaker 1: now is no that that Congress, when it passed the
Speaker 1: Judiciary Act and gave the judiciary this particular power, that
Speaker 1: Congress never intended nor did it give the power for
Speaker 1: an individual judge to roll on anything other than the
Speaker 1: against in front of the judge. So I read extensively
Speaker 1: from the opinion earlier that would have started at about
Speaker 1: four h six. I'll get back to it in a bit.
Speaker 1: But this issue is so local and so important, Joe
Speaker 1: and monument. You're on the Dan Kaplis show.
Speaker 2: Welcome Dan. You know it's funny you asked.
Speaker 6: Where Governor Polus would be on this, and I'm thinking,
Speaker 6: do you remember the riots and nger than he hid?
Speaker 2: He hid for days?
Speaker 6: You know, maybe we should call President Trump up and
Speaker 6: ask you to activate the color out of National Guard
Speaker 6: because our governor and I Revember don't have the kahonas
Speaker 6: to stand up to these people.
Speaker 1: I'm telling you, man, and you know what, think about
Speaker 1: what it tells you politically, Joe, because this should be
Speaker 1: such an easy political no brainer. First, Johnston and Polish
Speaker 1: should do the right thing for the right reason. But
Speaker 1: politically you would think, Okay, I'm going to stand up
Speaker 1: to a mob so people can use city park, including
Speaker 1: the zoo, on a beautiful June Saturday. That's got to
Speaker 1: be a ninety two ninety nine to one issue in
Speaker 1: your favor, right, But the radical left that controls the
Speaker 1: Democratic Party now is so whack. Johnson views this as
Speaker 1: a political loser.
Speaker 6: And as a citizen of the state of Colorado who
Speaker 6: has worked in Denver, who has watched Denver go down
Speaker 6: to cheaps, this is just another reason for me not
Speaker 6: to go to my state capitol.
Speaker 1: Yeah, man, Joe, appreciate the call. This is crazy and
Speaker 1: it's just so wrong in its core, right, But the
Speaker 1: political price Now, obviously Johnston does the calculation and thanks
Speaker 1: so in the Democratic Party now in Colorado, and their
Speaker 1: calculation is, and it's right until it's proven wrong, that
Speaker 1: it's all about winning the primary, and whoever wins the
Speaker 1: primary is going to win the general. And that if
Speaker 1: you have enough money, you're going to win the primary.
Speaker 1: It's the police model, right, And so where's the big
Speaker 1: money on the left. It's from these crazy psycho radical
Speaker 1: lefties and who don't want status quote, they want to
Speaker 1: break down of order. They don't want the kind of
Speaker 1: America the rest of us want. Across party lines, that's
Speaker 1: where the money is, so that's where the power is.
Speaker 1: So that's who Johnston caters to. And look what it
Speaker 1: does to the people at Denver, and it should really
Speaker 1: tick you off. That real world impact. All these kids,
Speaker 1: all these families that won't be able to go to
Speaker 1: the zoo after one o'clock tomorrow because Johnston chooses to
Speaker 1: punish the innocent and reward the criminals. Three at three seOne,
Speaker 1: three eight, two five five the number. How frustrating ryan
Speaker 1: for law enforcement because as a dad who was a
Speaker 1: cop for thirty years, these are men and women who
Speaker 1: could do a lot of different things in their life,
Speaker 1: and they sign up to risk their lives in order
Speaker 1: to stop bad people from doing bad things, and then
Speaker 1: so often in these blue controlled cities they're not allowed
Speaker 1: to do that.
Speaker 2: Because of politics.
Speaker 1: So how frustrating for law enforcement because you can bet
Speaker 1: every man and women on that force would want to
Speaker 1: stand up and do what they had to do to
Speaker 1: make sure kids and families could go to the zoo
Speaker 1: and the criminals were not rewarded. Dan Hopefully the city
Speaker 1: has plans for a response if gangs break into the
Speaker 1: closed zoo. Not too hard to imagine that possibility, Marty, Marty,
Speaker 1: I have no doubt whatsoever that the men and women
Speaker 1: in Blue DPD would not allow that to happen and
Speaker 1: would stop it from happening. My frustration is, and that's
Speaker 1: an understatement, is that Johnston is not going to put
Speaker 1: the word out that you're not taking over the park,
Speaker 1: you're not closing the zoo. Put the word out to
Speaker 1: the mops. We're going to do what.
Speaker 2: We have to do to stop you from even getting
Speaker 2: to that point.
Speaker 1: Yeah, three or three? Someone three eight, two, five five
Speaker 1: the number. Let's go to David in the Springs here
Speaker 1: on the dan Kaplis show.
Speaker 2: Welcome.
Speaker 8: Hey, how are you Dan?
Speaker 3: I'm living the dream?
Speaker 2: How about you?
Speaker 8: You know what? We should just have one hundred and
Speaker 8: fifty Americans with sense in their head decide to go
Speaker 8: to the zoo, you know, A couple of ranchers, a
Speaker 8: few guys from the local gym decide, why don't they
Speaker 8: go down to the room and all fast that last.
Speaker 2: Hey, I love the way you're thinking.
Speaker 1: I'll tell you this, David right now, that if if
Speaker 1: I thought it would be permitted, and I don't know
Speaker 1: if we could pull it together this quickly, I'd go
Speaker 1: down there and join you, and I would act within
Speaker 1: the law. You can't take the law into your own hands,
Speaker 1: but just as a citizen just wanting to stand up
Speaker 1: for what's right, I'd go down there and at least
Speaker 1: be present. I wouldn't take any action that would violate
Speaker 1: the law. But I'm quite sure that the way it's
Speaker 1: going to be set up tomorrow, that would not be
Speaker 1: an option and would probably just make things worse.
Speaker 8: Yeah, thanks brother, Kay, appreciate the call.
Speaker 1: Thank you for that. Appreciate the call. And again, last
Speaker 1: thing I want to do is complicate things for law
Speaker 1: enforcement because it it just drives me crazy the way
Speaker 1: they have their hands tied by these politicians. Remember if
Speaker 1: the area takeover, you got all these kids, and the
Speaker 1: kids at area work so hard. Most of them are
Speaker 1: working jobs, every dollar matters, trying to get their degree.
Speaker 1: In Johnston, once again he bends the knee in front
Speaker 1: of the lawbreakers, and the lawbreakers get to have their
Speaker 1: way hands off from Johnston.
Speaker 2: When you know the police.
Speaker 1: Would love to just step in and do what they
Speaker 1: signed up to do and force the law. Let the
Speaker 1: good law abiding citizens enjoy the city of Denver and
Speaker 1: punish the lawbreakers. But with Johnston, it's backwards. It's the
Speaker 1: other way around. And tomorrow is exhibit A.
Speaker 2: Did you used to go to the zoo?
Speaker 3: Rne?
Speaker 9: I love this, Oh me too as a kid. This
Speaker 9: whole story is really bumming me out man.
Speaker 1: Yeah, yeah, and yeah, because and I bet everybody listen
Speaker 1: in the same way. Some of your fondest memories are
Speaker 1: at the zoo, And just think of all those little
Speaker 1: kids planning to go tomorrow and now they can, and
Speaker 1: how many beautiful late because we're only a few days
Speaker 1: past the solstice? Late beautiful summer evenings like this do
Speaker 1: you get? But no, kids can't be at the zoo
Speaker 1: because Johnston's letting the mob rule.
Speaker 2: Yeah.
Speaker 1: Hey, when we come back, I do want to take
Speaker 1: you back to It's a monumentally important US Supreme Court
Speaker 1: decision today. Get you a little bit of language out
Speaker 1: of the case because it was red hot. You're on
Speaker 1: the Dan Kapler Show.
Speaker 3: You're listening to the Dan Kaplis Show podcast.
Speaker 10: You're not twelve on Justice Jackson's argument, which is said,
Speaker 10: odds with more than two centuries worth of president not
Speaker 10: to mention the Constitution?
Speaker 3: Is that AI? Oh that's Kelly Cacerra.
Speaker 9: Oh okay, but your associate producer slash callscram I'm.
Speaker 2: Sorry, Kelly, I don't recognize that as you I guess.
Speaker 1: I guess I was waiting for Justice Barrett's voice and
Speaker 1: I just got thrown.
Speaker 3: Well, you know that we don't have audio from that,
Speaker 3: We just have the script.
Speaker 2: But that's what I was wondering, Ryan, because sometimes, as
Speaker 2: you know, justices will read opinions from the bench.
Speaker 1: It's rare rich justice. So tom Or read her descent
Speaker 1: from the bench today. But yeah, so wow, Kelly, great job.
Speaker 2: Thank you.
Speaker 3: She did the whole thing in that paragraph.
Speaker 9: Oh well, I need to play it's like a broadside
Speaker 9: against kb J.
Speaker 2: I don't I don't want to ruin that.
Speaker 3: Oh you had to let her go. No, let her cook,
Speaker 3: Let Kelly cook.
Speaker 2: Let Kelly cook.
Speaker 1: Okay, but I want you to know I read this
Speaker 1: opinion and I'm ready to talk about it. But since
Speaker 1: Kelly put all this work in, here we go.
Speaker 10: We will not dwell on Justice Jackson's argument. No, we're
Speaker 10: just at odds with more than two centuries worth of president.
Speaker 10: Not to mention the Constitution itself, we observe only this
Speaker 10: Justice Jackson. He cries an imperial executive while embracing an
Speaker 10: imperial judiciary.
Speaker 2: Wow, that was beautifully done.
Speaker 3: Lots of good annunciation.
Speaker 2: Yeah, the annunciation was Justice Barrett would have approved of that.
Speaker 2: I think I'd like to think. So, yes, I was.
Speaker 10: Under dress, just so we all now, Yeah, you know
Speaker 10: Raven was making fun of me, and yeah I had to.
Speaker 1: Yeah, let me read another portion of this opinion. And again,
Speaker 1: if you just joined us, here's why this opinion is
Speaker 1: so enormously important to the republic because whether you have
Speaker 1: a Democrat president and we might again someday hopefully not,
Speaker 1: or a Republican president, you have to have a president.
Speaker 1: And if the new normal was to be that a
Speaker 1: single district court judge anywhere could enjoin, could stop the
Speaker 1: president nationwide, then all of a sudden, the presidency could
Speaker 1: not function. That doesn't mean the president is now allowed
Speaker 1: to do unconstitutional things or illegal things, not at all.
Speaker 1: All it means is that the Congress did not give
Speaker 1: the judiciary the power to allow a single district court
Speaker 1: judge to stop a president nationwide. That's all this ruling means.
Speaker 1: And even this ruling has some exceptions, but the general
Speaker 1: rule now will be no, you can't do that. You
Speaker 1: can't have these universal injunctions from a single district court judge.
Speaker 1: And that's no insult to district court judges. Listen, I've
Speaker 1: been doing this forty plus years. Every district court judge,
Speaker 1: and that means a federal court judge who sits on
Speaker 1: a trial court in one of the different districts across
Speaker 1: the countries. You know, every district court judge. I've been
Speaker 1: in front of anywhere in the nation has been extremely
Speaker 1: high caliber. Whether they share my legal philosophy or not,
Speaker 1: or share my political background, it doesn't matter. They've been
Speaker 1: extremely high quality individuals. So this is a very bipartisan
Speaker 1: ruling in the sense that it just says, no, there's
Speaker 1: a balance of power in this country. Congress got to
Speaker 1: set the framework for the judiciary through the Judiciary Act,
Speaker 1: and it didn't give judges, individual district court judges this power.
Speaker 1: Presidents can still be held fully responsible, as they should be,
Speaker 1: for any unconstitutional or otherwise illegal act, but it can't
Speaker 1: be stopped nationwide by an individual judge.
Speaker 2: There's a way to stop it.
Speaker 1: You go through the process and then you can have
Speaker 1: the US Supreme Court stop it, but not an individual judge. Now,
Speaker 1: the judge can stop it as it pertains to the
Speaker 1: individuals in front of the court.
Speaker 2: So let's say in the birthright.
Speaker 1: Citizenship case, the people who litigated these cases, Yes, that
Speaker 1: district court judge who said that the president's executive order
Speaker 1: is unconstitutional. In that case, those litigants their children will
Speaker 1: now be considered citizens. But you can't apply that to
Speaker 1: the whole nation when it's just one judge.
Speaker 2: Now, the U S.
Speaker 1: Supreme Court can stop a president nationwide. There's a process
Speaker 1: for that. But the court laying down such an important ruling,
Speaker 1: whether it's a Republican or Democrat president, that know, it
Speaker 1: was never intended to work the way it's working now,
Speaker 1: three or three someone three eight, two, five, five. But
Speaker 1: then in the middle of that, we saw something really
Speaker 1: unusual because, as you know, normally, when these Supreme Court
Speaker 1: justices criticize each other, there's a certain protective coding on it,
Speaker 1: and they make the legal point they need to make,
Speaker 1: and they make the factual point they need to make.
Speaker 1: They may make a philosophical point, they may throw in
Speaker 1: a little poetry, and there can be some sharp elbows.
Speaker 2: But this was raw, and I'm about to redo a
Speaker 2: piece of it. This was raw.
Speaker 1: And what it was was Justice Barrett writing for the majority.
Speaker 1: But it's the whole majority, all six who signed onto
Speaker 1: this opinion.
Speaker 2: That then just roast Justice Jackson here.
Speaker 1: I mean, I don't know any other way to say
Speaker 1: it than just very very direct criticism that was even mocking.
Speaker 1: And then why do you think they did this? Because
Speaker 1: these are all high caliber people, right, These are all
Speaker 1: high caliber individuals, so that they're not going to engage
Speaker 1: in schoolyard taunts or anything like that. They're trying to
Speaker 1: make an important point here with this unusually personal reaction
Speaker 1: to Justice Jackson. And remember the way this stuff works
Speaker 1: is the majority gets to have the final word. So
Speaker 1: the majority opinion that Justice Barrett writes and the others
Speaker 1: join is written after she has a chance to see
Speaker 1: the descent, and this is part of what she wrote.
Speaker 1: Justice Jackson, however, chooses a startling line of attack that
Speaker 1: is tethered neither to these sources nor frankly, to any
Speaker 1: doctrine whatsoever, waving away attention to the limits on judicial
Speaker 1: power as a quote mind numbingly technical query. She offers
Speaker 1: a vision of the judicial role that would make even
Speaker 1: the most ardent defender of judicial supremacy blush. And then
Speaker 1: they quote part of the dissent. But this goes so
Speaker 1: much further than majorities normally go, saying things like it's hey,
Speaker 1: this isn't tethered at all to the law, and then
Speaker 1: kind of mocking her by saying she waves away that
Speaker 1: the limits on judicial power is a quote mind numbingly
Speaker 1: technical query, And again, that's that's the kind of shot
Speaker 1: you normally don't see justices.
Speaker 2: Take at each other.
Speaker 1: But what appears to have really and I'll get tomorrow
Speaker 1: this really frustrated the majority is is that Justice Jackson
Speaker 1: is claiming in her descent that the majority at this
Speaker 1: point is authorizing lawlessness. And I think that that deeply
Speaker 1: bothered the majority because because they're not doing that at all.
Speaker 1: What they're saying is the opposite is we as judges
Speaker 1: have to follow the law too. We can't be exercising
Speaker 1: power beyond what the law gives us. And that's why
Speaker 1: they talk repeatedly of her Justice Jackson's position of judicial supremacy.
Speaker 1: That under her position, as the majority sees it, and
Speaker 1: I agree that courts could, excuse me, go beyond the
Speaker 1: power the law gave them if they were trying to
Speaker 1: stop a president. And then they say down here, And
Speaker 1: this is another really hard shot rhetoric. Aside, Justice Jackson's
Speaker 1: position is difficult.
Speaker 2: To pin down.
Speaker 1: She might be arguing that universal injunctions are appropriate, even required,
Speaker 1: when the defendant is part of the executive branch. If so,
Speaker 1: her position goes far beyond the mainstream defense of universal
Speaker 1: injunctions as best we can tell, though her argument is
Speaker 1: more extreme still because its logic does not depend on
Speaker 1: the entry of a universal injunction. Justice Jackson appears to
Speaker 1: believe that the reasoning behind any court order demands universal
Speaker 1: adherent at least as the executive where the executive is concerned.
Speaker 1: And then she drops the hammer that Kelly recorded earlier
Speaker 1: and that you're seeing quoted in a lot of the
Speaker 1: media coverage. I just wanted to take you deeper here.
Speaker 8: But.
Speaker 3: Than the hammer quote.
Speaker 1: We will not dwell on Justice Jackson's argument, which is
Speaker 1: at odds with more than two centuries worth the precedent
Speaker 1: not to mention the Constitution itself.
Speaker 2: We observe only this.
Speaker 1: Justice Jackson decries an imperial executive while embracing an imperial judiciary,
Speaker 1: So tough stuff.
Speaker 2: I think the.
Speaker 1: Majority, I think you have two things going on here
Speaker 1: with that intensity. One is, I think Justice Barrett, who
Speaker 1: has taken a lot of heat for joining with Justice
Speaker 1: Jackson said of my Ora and keg and in some
Speaker 1: opinions as saying, wait a second, I'm out here being
Speaker 1: intellectually honest, and then you write a dissent like that.
Speaker 1: But the other part is, I think the majority he
Speaker 1: just wants to send a message. We will show normal
Speaker 1: deference and respect to judicial colleagues when you're disagreeing based
Speaker 1: on law or fact or even judicial philosophy. But when
Speaker 1: you go outside those bounds and you engage in this
Speaker 1: kind of rhetoric like we're jeopardizing the republic and we're
Speaker 1: authorizing lawlessness and it's not hooked to anything legal. No,
Speaker 1: we're going to make sure the world knows that. So
Speaker 1: they're drawing some lines here and it'll be interesting to
Speaker 1: see how that affects things going forward.
Speaker 2: You're on the Dan Capla Show.
Speaker 3: And now back to the Dan Kapla Show podcast.
Speaker 2: We have a mayor or a mouse.
Speaker 1: I think the question answers itself. So think about this story. Right,
Speaker 1: So tomorrow, all these little kids looking forward to going
Speaker 1: to the zoo and all their families, well they're not
Speaker 1: going to be able to go after one o'clock tomorrow
Speaker 1: because Mayor Johnston won't stand up to the mob. You
Speaker 1: got a mob of roving young people. They took over
Speaker 1: Northfields Mall last week and then they fight and they
Speaker 1: advertise where they're going next. So rather than just send
Speaker 1: the message, yeah, you got this great police department, one
Speaker 1: of the best anywhere, and I'm sure, they'd love to
Speaker 1: stand up to this mob. But rather than the mayor
Speaker 1: standing up to the mob and saying, oh, no, I'm
Speaker 1: not closing city park. I'm not closing the zoo on
Speaker 1: a Saturday or any day not in my town, rather
Speaker 1: than doing that, he lets the mob win. So kids, yeah,
Speaker 1: just go home and watch animals on TV or something.
Speaker 1: What a horrible precedent. But do not blame the zoo.
Speaker 1: They do great work at the zoo. Don't blame the zoo.
Speaker 1: This isn't on them. Don't blame the men and women
Speaker 1: in blue. It's not on them. This is on the
Speaker 1: mayor and the governor, with his platform.
Speaker 2: Should at least be speaking out on this.
Speaker 9: This just in It just shows that we kind of
Speaker 9: live in two different Colorados. Here, Dan de petting on
Speaker 9: what county you live in? I think it could be
Speaker 9: as that as specific. I texted the sheriff, Steve Reims,
Speaker 9: will be filling in for you Monday through Wednesday.
Speaker 3: I thought he was a pertinent person to ask.
Speaker 9: I said, hey, yes, if the zoo were in Weld County,
Speaker 9: how would this be handled? These punk teams looking to
Speaker 9: go jets and sharks? His answer, quote, well, the zoo
Speaker 9: wouldn't be closing.
Speaker 1: Yeah and that, and it'd probably be like I suggested
Speaker 1: to the zoo's spokesperson, who was kind enough to come
Speaker 1: on the show. You know, hey, you got the secret
Speaker 1: weapons there. Just open the cages, let them add, let
Speaker 1: them eat, let them eat, yeah, exactly, let.
Speaker 9: Them eat the mob againans own alligator Alcatraz and just
Speaker 9: sell the video, sell the video.
Speaker 1: Holy cow, they could pave the streets in Gold over there.
Speaker 3: True Darwinism at work, right man.
Speaker 1: I'm telling no jury would convict him. It could just
Speaker 1: be an accident.
Speaker 3: I would just be concerned about the animals getting hurt.
Speaker 3: Everything else about that idea I love.
Speaker 1: I'd picked the animals on an ad Lord. I didn't
Speaker 1: fully appreciate it till we took that amazing trip to Africa.
Speaker 2: But these giraffes, you want nothing to do with them.
Speaker 2: I mean, they are big and tall, and they can
Speaker 2: kick rhinos. Those all it could probably kick your car
Speaker 2: over rhinos.
Speaker 1: Oh, elephants. You get the whole game together, the whole gang.
Speaker 1: Oh man, let's do this. I would pay to see that. Dan,
Speaker 1: you are on fire today, mayor or Mouse, the dishonorable mouse,
Speaker 1: Mike Johnston.
Speaker 2: Gives teenage mob the key to the city of Denver.
Speaker 2: So very true.
Speaker 3: Looking for cheese. You can trap him easily.
Speaker 2: Yeah, yeah.
Speaker 1: And then switching to the big US Supreme Court decision day, Dan,
Speaker 1: I've been hearing the Dems are now going to use
Speaker 1: class action suits to litigate these issues. We can deep
Speaker 1: dive that more later. I don't think they're gonna have
Speaker 1: any luck with that.
Speaker 9: Well, real quick, Phil none the wiser. The ag has
Speaker 9: vowed that he's gonna disregard the Scotus Order when it
Speaker 9: comes to the birthright citizenship. He's just gonna punt it,
Speaker 9: ignore it.
Speaker 1: Well, that'd be consistent, right, These guys are just so
Speaker 1: totally lawless.
Speaker 2: Yeah, I thought that would be very consistent.
Speaker 9: Democrats promised us a return to nor respect for our institute,
Speaker 9: who they have a big different definition of norms if
Speaker 9: you haven't noticed, my.
Speaker 1: Friend, And that's why this US Supreme Court decision today
Speaker 1: was so huge, because think if it became the norm
Speaker 1: in this country. And I have such great respect for
Speaker 1: district court judges everyone I've been in front of everywhere
Speaker 1: in the country, no matter who appointed them. They've been
Speaker 1: very high caliber. But we can't have a functioning presidency,
Speaker 1: whether it's a Democrat or Republican. If a single district
Speaker 1: court judge can stop presidential action nationwide, Now, if presidential
Speaker 1: action is unconstitutional or illegal, should be stopped, but it
Speaker 1: cannot be stopped under the law the power given to
Speaker 1: the judiciary, an individual judge cannot stop at nation wide
Speaker 1: unless and this is going to be a small percentage
Speaker 1: of the cases, that's the only way to give the
Speaker 1: relief to the litigants in front of them. So the
Speaker 1: power of the judiciary, as I think the majority explains
Speaker 1: so well today, is say you've got this individual district
Speaker 1: court judge in the federal court system, and she has
Speaker 1: these people gating in.
Speaker 2: Front of her their rights.
Speaker 1: Well, the judge is entitled to determine who wins and
Speaker 1: to make sure their rights are protected. And in rare
Speaker 1: cases that may mean there's a need for a nationwide
Speaker 1: impact for that particular plaintiff, but that's going to be
Speaker 1: really rare, is even I think the dissentic knowledge today.
Speaker 1: So no, all the majority saying is judges have to
Speaker 1: follow the judiciary has to follow the law to and
Speaker 1: Congress did not give the judiciary the power to have
Speaker 1: individual judges stopped the president nationwide real quickly.
Speaker 2: That's what it says.
Speaker 9: On the issue of Joe Biden with student loan forgiveness,
Speaker 9: that worked its way up through the courts. There was
Speaker 9: an injunction issued, but that got all the way to
Speaker 9: Scotis and then they still try to defy it.
Speaker 2: Right, it is a lawless party.
Speaker 1: It's anti science, it's anti law, it's anti faith, it's
Speaker 1: anti a lot of things. I'm not talking about individual Democrats.
Speaker 1: I'm talking about the people control the party. Did you
Speaker 1: see this statement from President Trump right now that he
Speaker 1: saved the Ayatola from a quote ugly death.
Speaker 2: Probably, yeah, yeah.
Speaker 1: I'm not sure the Ayatola feels completely saved at this point. Hey,
Speaker 1: have a great weekend, my friend. Thanks for everything, and thanks.
Speaker 1: I'm going to be in trial prep at the beginning
Speaker 1: of next week, so Sheriff Steve Riems will be in
Speaker 1: and I can just pause. I can hear the applause
Speaker 1: ringing off of I twenty five and elsewhere in the state. Kelly,
Speaker 1: you're the best. Hey, you have a tremendous weekend. Didn't
Speaker 1: catch you soon? On The Dan Kapital Show,