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Speaker 1: What's going on. Thank you so much for listening to

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this podcast. It is heard live every day from noon

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to three on WBT Radio in Charlotte. And if you

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want exclusive content like invitations to events, the weekly live stream,

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my daily show prep with all the links, become a patron,

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go to dpeakclendarshow dot com, make sure you hit the

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subscribe button. Get every episode for free right to your

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smartphone or tablet, And again, thank you so much for

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your support. Today's phrase of the day is constitutional crisis,

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and by that I mean litigation. Actually, it's very normal.

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This is what happens when there are disagreements in the government,

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there are disagreements in the society. This is the appropriate

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venue that one goes through in order to adjudic case

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the disagreement and to figure out what's correct and what's

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not correct, what's allowable, what's not allowable, what's in someone's authority,

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and what's not. So it's not a constitutional crisis by

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it by any stretch. Okay, So it's not that thing. Okay,

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it's not a crisis. It's just litigation. You would think

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that the left and the media, but I repeat myself,

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would be well aware seeing as how they basically, we're

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trailblazers with the law fair tactic, right, and this is

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part of that tactic. And from what I can understand,

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these lawsuits are based on things that they think could happened.

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Oh my gosh, this might happen. That might happen. There

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are five, I think it's up to five now lawsuits

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trying to slow Trump's roll, and this is to be expected.

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It is quite the argument in my humble, non lawyery

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opinion that their argument is that the head of the

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executive branch doesn't have the authority to administer the executive branch.

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That I mean, it is a it's a novel legal theory.

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So let's test it. And that's what the test is about, right.

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And that does not make it the thing that I

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said earlier, the phrase of the day. It doesn't that.

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It doesn't make it that. But I understand the left

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is very good at narrative crafting, and when they come

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up with these slogans and then they you know, send

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out the talking points, people begin using them, and then

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of course media just uses that as the narrative for

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all of their reporting on the matter. And that's why

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there is and you know, rush used to do this

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all the time, where he would have all of the

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sound bites from all these different media outlets using the

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exact same language. Right. The first time I ever heard

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it was gravitas. Remember that one gravitas with George W.

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Bush in the two thousand election, and they kept saying

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that he lacked the gravitas, he lacked the gravitas to

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be the president. And it was just every single report,

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all of the Democrat politicians, everybody attacking him. Everybody said

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the word. And that's not a coincidence, literally not a coincidence.

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It is the talking point. So against this backdrop of

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the phrase of the day, it, by the way, it

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does not pay. This isn't a radio bid where the

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phrase that pays or something like that, I'm not doing.

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You know, you're not going to get money every time

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I say constitutional crisis, not gonna I feel like I've

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made a mistake here. Anyway. JD. Vance went onto the

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Twitter machine and he tweeted out the following quote. If

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a judge tried to tell a general how to conduct

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a military operation, that would be illegal. If a judge

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tried to command the attorney general in how to use

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her discretion as a prosecutor. That's also illegal. Judges are

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not allowed to control the executive's legitimate power. This has

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got the left in a tizzy. Jdi Vance doesn't know

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the law. Actually he does. He went to Yale Law

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and pretty smart guy, and he's actually correct on this.

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According to Jed Rubinfeld, who happens to be a Yale

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University constitutional expert and law professor, He said JD is

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correct about this, and his examples are exactly right. Where

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the executive has sole and plenary power, plenary means complete,

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complete control. Okay, So where the executive has sole and

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absolute power under the Constitution, as in commanding military operations

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or exercising prosecutorial discretion, judges cannot constitutionally interfere. They can't

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do it. I just saw. By the way, let me

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take a quick beat here and just point out, I

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don't know what's going on with our phones. I suspect

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it is connected to the Wi Fi issue. I'm assuming

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Internet something because I think they put us all over

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onto the VOI voiceover IP and so I just saw

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somebody call in. They got put up on the on

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the callscreen board and then they dropped off, and I

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knew that I know that was happening during Vince's show,

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So just a heads up their phone system once again.

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Kind of food bar here. Not sure what's going on.

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The Internet's affected as well. That's why I see, That's

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why I am old school. I print out all of

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my stories because if there is Internet failure, then whatever

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failure I have is basically my fault. It's not the Internet.

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So actually, maybe I should go to paperless. Then I

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could blame the Internet if I ever run out of

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show material. I'm just kidding. I never run out of

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show material. So Andy McCarthy over at National Review former

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US attorney lawyer Guy Right. He too says that JD.

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Vance is correct about the limits of judicial restraints on

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executive power, and he cites twenty twelve. So this was

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thirteen years ago. Some of you may be old enough

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to remember this. Remember this case Arizona versus United States,

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And as soon as I start telling you what this

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case was about, You're going to remember what it's about. Right,

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Obama's President Arizona sues the federal government, and the Supreme

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Court upheld one aspect out of four of Arizona's contested

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immigration statute. And this was a provision requiring state police

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in certain circumstances to verify a detained person's immigration status

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with the federal government. In other words, the two eighty

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seven G program the thing that our local sheriff here,

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Gary not my fault. McFadden promised to scrap once elected

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and then did so and refuses to cooperate with ICE,

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even though he says, I cooperate with ICE. I cooperate

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with ices, not my fault. This was a rejection of

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the Obama administration, which had argued that the provision was

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preempted by federal law and that its enforcement would interfere

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with Obama administration policies. So that was the one element

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that the Supreme Court found in favor of the state

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of Arizona. I think Jan Brewer was governor at the time.

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Hours after the Supreme Court ruled against President Obama on

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this point, though, the Obama administration announced that it would

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cease cooperation with Arizona's efforts to verify a detainees immigration status.

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So they scrapped two eighty seven G rather than allow

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Arizona to continue helping them. They were like, no, no, no,

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We're just going to scrap our participle patient with you this.

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After Obama lost in the Supreme Court, he decided he

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was going to ignore the Supreme Court because under the Constitution,

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it was his job, not the Justice's job, to decide

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immigration enforcement policy. See so, thirteen years ago, you guys

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made this bed, and now you have to lie in it.

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I told you you were not going to like it

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when you have to live by the rules that you wanted.

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All right, If you're listening to this show, you know

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I try to keep up with all sorts of current events,

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and I know you do too. And you've probably heard

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me say get your news from multiple sources. Why well,

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because it's how you detect media bias, which is why

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I've been so impressed with ground News. It's an app

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and it's a website and it combines news from around

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the world in one place so you can compare coverage

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and verify information. You could check it out at check

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dot ground dot news. I put the link in the

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podcast description too. I started using ground News a few

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months ago and more recently chose to work with them

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as an affiliate because it lets me see clearly how

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stories get covered and by whom. The blind spot feature

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shows you which stories get ignored by the left and

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the right. See for yourself. Check dot Ground, dot News

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slash pete. Subscribe through that link and you'll get fifteen

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percent off any subscription. I use the Vantage plan to

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get unlimited access to every feature. Your subscription then not

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only helps my podcast, but it also supports Ground News

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as they make the media landscape more transparent. All right,

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let me pick back up the Andy McCarthy piece. So

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the tactics that we are seeing right now from the

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left with the law fair is not new. The view

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that the executive branch, the president can essentially ignore what

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the Supreme Court says as is the law. This is

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something also that is not new or unusual from Democrat administrations.

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McCarthy points out how when FDR did not get his

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way on New Deal programs, he threatened to pack the court,

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which I know Democrats don't remember what that phrase means lately,

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but it means to add more seats to the US

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Supreme Court. So you can then pack your people in there.

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You can appoint all of the inhabitants of the new seats,

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and the purpose there is to change the vote count

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at the end of whatever oral arguments and whatever decision

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is going to be made, if it goes from a

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nine person body to a thirteen person body or a

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fifteen person body, you will have appointed the majority or

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enough of a majority to those seats, and then you

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are directing the outcome through those appointments so you can

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get what you want. That's what's called packing the courts.

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It's not just filling vacancies that were pre existing. That's

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not packing the court. Democrats tried to make it that

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when they got mad that Trump filled a vacancy, that's

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not packing a court. Packing a court is what FDR

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tried to do and what Democrats have lobbied to do

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whenever there's a Republican that gets a chance to fill

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a vacancy, a pre existing seat vacancy anyway, So FDR

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right threatened to pack the court until the justices got

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their minds right and agreed with him and voted the

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way he wanted to vote. And that's what that was

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more than a ruling. When Biden didn't get his way

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on socializing student loan debt, he bragged to his progressive

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base that he was which he desperately trying to turn

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out to vote for Democrats. Against Donald Trump. He said

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he didn't care what the Justice has said. He was

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going to keep figuring out ways to do what the

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court said was not legal. And he said he was

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going to keep doing it. Now, you may not remember

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that that was a long time ago. Granted, during the

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Biden years a number of Red states sued to attempt

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to make Biden and Force immigration law, in part by

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reinstating the Remain in Mexico policy. But a court has

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no power to force a foreign country to agree to

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do something, let alone to direct the president to negotiate

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such an agreement. Of course, you get the Marbury v.

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Madison observation from the Chief Justice John Marshall, who famously said,

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quote it is emphatically the province and duty of the

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Judicial Department to say what the law is. But it

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is also just as true, says McCarthy, that the Constitution

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does not make the Supreme Court the general overseer of

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the government. In theory, the judiciary is the least powerful

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branch because it has only judgment, not the purse nor

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the sword. Okay, executives got the sword and the legislative

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has the purse. And this is why when you hear

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the left talk about coequal branches, that's not what that means.

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It doesn't mean everybody has the same equal power. The

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judiciary is the weakest of the three. It is also

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the branch given the least responsibility for the conduct of

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government because in a free, self determining republic, most federal

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decisions are supposed to be made by politically accountable officials,

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in other words, members of Congress and the President, who

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answer to the people whose lives are affected by the decisions.

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So while the Court can and should say what it

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thinks the law is, you always have to remember that

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justices are quote unquote right because they are final, not final,

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because they are always right. Keep that in mind. Justices

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are right because they are final, not final, because they

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are always right. And this gets to starry decisives. Here's

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So I'm quoting Andy McCarthy's piece at National Review. Justices

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are right because they are final, not final, because they

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are always right, Right, because the High Court has a

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history of reversing itself on some pretty important things. Right,

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because sometimes prior rulings were egregiously wrong. Dred Scott, for example,

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that's the most famous one, overturning Roe v. Wade in

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the Dobbs decision. Right. The Court has this doctrine called

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starry decisives, which I think is Spanish, and I'm just kidding,

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it's not Spanish. It involves respect for precedent, Okay, so

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the thing that was decided before should probably stay in place.

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And this creates a consistency of predictability and law. Right,

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so everybody knows what the rules are and they're not

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changing willing nilly every other year or something. Right. You

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want to be able to have an expectation that the

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law is constant. So that's the starry decisive philosophy, this doctrine.

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And this is why Democrats always ask about it during

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confirmation hearings of particularly Republican appointees to the US Supreme

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Court is because they always it was their way of

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asking their opinion of about Roe v. Wade and cacv.

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Planned Parenthood, the abortion rulings, and they'd be like, what

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do you think about story decisives, do you commit to it?

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Here to starry decisives and what they're talking about, or

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what they were talking about, was abortion rulings.

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Speaker 2: Right.

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Speaker 1: A major aspect of this assumes that some decisions are

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wrong and wrestles with whether they should be retained. Nonetheless,

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this is part of the problem with starry decisives is

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that if a Supreme Court gets it wrong, then the

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wrong ruling stays for a long period of time. That's

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the downside. As Thomas Soul says, right, there are no solutions,

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only trade offs, and this is one of the trade

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offs with starry decisives is if you get a bad ruling,

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it could stay in effect for a long time, like Roe,

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like the dread Scott decision. Thankfully, the default position of

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today's Supreme Court is to resist judicial intrusions into realms

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the Constitution consigns to others decision makers, says McCarthy. And

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this is very important too, because if you have an

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activist court like we have had for decades for basically

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my entire life, with Democrat appointments making up the majority

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on the court, then they divine all sorts of things

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like the right to privacy in the constitution somehow gives

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you the right to commit abortions, and it's very difficult

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to then overturn that because of starry decisives. But when

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you have a judicial philosophy of restraint like we see now,

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which is the Supreme Court saying that's not our job,

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that is the role of the executive and legislative branches

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or whatever, then it is less likely that the court

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weighs into this stuff, which is why these lawsuits that

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have been brought on Trump's executive orders don't seem to

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have a lot of chance for success in the long

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term if they go up to the Supreme Court, which

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they most assuredly are going to. And this is why

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there is a there is a thought out there that

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this is all by design, right, this is this is

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a you know, don't throw me in the brier patch strategy,

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that not only are you going after these waste, fraud

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and abuse examples in all of these different executive agencies, which, oh,

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by the way, have also been used as personal fiefdoms

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for leftists to you know, draw paychecks and funnel money

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to their political pals, that not only do you have that,

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but you will also then get some rulings from the

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Supreme Court that say, no, you can't stop the president

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from reining in waste, fraud and abuse and rooting out

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this kind of corruption in the branch of government that

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he oversees or she oversees. Regardless of what you think

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of the president's scruples, he says, he is the president,

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and he is constitutionally supreme in such areas as foreign policy.

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And this is very important on the USAID front, because

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that is all foreign spending, right, I mean, theoretically, that's

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where that money is supposed to be going. So that's

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clearly under the president's purview. A court has no business

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interfering with him based on fears that he might disrupt norms. Now,

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Andy McCarthy had a follow up piece. This one was

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titled the courts are slowing Trump down, not necessarily stopping him.

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He says, there are some progressive judges who are philosophically

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sympathetic to claims that the president is interfering with the

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safe professional operation of the administrative state, as if the

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chief executive has no say in how executive agencies conduct business.

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For the most part, though, what we're seeing are the

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normal effects of litigation which slow down government action. This

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does not mean all or even most of Trump's directives

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will be stopped. Okay, Again, this is all by design.

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I would say this for years, which is that I

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don't want government moving fast. A government that moves fast

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is an abusive, tyrannical government. That's not what it was

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supposed to do. The founders recognized this. They wanted all

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sorts of checks and balances. They wanted ways to put

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the brakes on fast moving legislation. That's why it's got

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to go through the House and the Senate and then

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get a signature from the President. Right. Gridlock is okay

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by me because it means government is not doing more stuff,

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and as one who doesn't want to see government doing

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a lot of stuff, gridlock is fine. This is not

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some sort of constitutional crisis going with the different Okay.

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So this is not that this is normal. This is

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a normal process. This is where you're supposed to fight

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these issues out. So I'm fine with the litigation, and

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I am comforted by a belief that the US Supreme

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Court is going to behave in the way that it

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has been heretofore. That's just my opinion on it all right.

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I hope you had a happy holiday season. But tell

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00:23:31,200 --> 00:23:33,720
me if something like this happened at your house. Your

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00:23:33,759 --> 00:23:36,240
family and friends are gathered around, maybe y'all are in

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the living room and you're laughing, swapping stories, reminiscing, and

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00:23:39,759 --> 00:23:43,599
then somebody says, hey, Dad, remember those old VHS tapes?

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00:23:43,720 --> 00:23:46,240
Did you ever get them transferred? And then the room

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00:23:46,279 --> 00:23:50,119
gets all quiet. All eyes are on Dad, who says, oh,

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00:23:50,200 --> 00:23:52,200
you know, well, I've been meaning to but I just

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00:23:52,240 --> 00:23:55,240
having gotten around to it. Look, don't let those priceless

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00:23:55,240 --> 00:23:58,200
memories sit in a box for another year. All right.

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Create a Video has been helping families in the Charlotte

349
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350
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351
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352
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353
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a discount for you. And next year, instead of talking

354
00:24:17,240 --> 00:24:22,000
about those memories, imagine gathering the family to watch them together.

355
00:24:22,240 --> 00:24:24,920
Talk about a memorable gift. So do what I did.

356
00:24:24,960 --> 00:24:28,799
Trust the experts at Creative Video, conveniently located in mint

357
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Hill right off I four eighty five and online at

358
00:24:31,720 --> 00:24:34,759
create a Video dot Com. All right, let's take a

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00:24:34,759 --> 00:24:37,640
phone call and speak with Bo. Hello, Bo, welcome to

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the show.

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Speaker 2: Bo. Hey, how are you?

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Speaker 1: Hey? I'm good? What's up?

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Speaker 2: Hey?

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Speaker 1: Listen?

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Speaker 2: I love your show. I really appreciate having you out there.

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A voice of rationality.

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Speaker 1: Well thanks, I appreciate it, and that I.

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Speaker 2: Think that will be one of your call signs, the

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voice of rationality.

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Speaker 1: A voice of rationality. It's too close to that rationality

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conference or whatever though that I was talking about yesterday

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with that trans vegan cult got all hooked up together.

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Speaker 2: You're right about that.

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Speaker 1: Yeah, I don't want to get smeared with that. I

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watch out for that train, man, watch out for that

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train there is, Hey, watch out for that. Uh so

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let me comment, are you like right at hang on both?

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Are you right at the railroad track? I am you?

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Are you what crossing are you at?

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Speaker 2: I'm in Gastonia. Uh's in York?

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Speaker 1: Okay?

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Speaker 2: All right, all right, so listen. So this is a

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big bite the sandwich. I'll try to do it quick.

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That massive amount of waste and fraud that we have

385
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going on that just is I mean not small billions,

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it's many, many, many, many billions.

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Speaker 1: Yep.

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Speaker 2: We if we look at a complicated problem, and there's

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a lot of complicated problems you can't just fix with money.

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But if we look at something as complicated as homelessness,

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and we'll hit California first. California has roughly one hundred

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and seventy seven thousand homeless people.

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Speaker 1: Okay, I'll take your word for it. Yeah, I know

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it's a lot. I don't know the exact number. Yeah.

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Speaker 2: Well, if they got one hundred thousand apiece in in

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a combination of paid and training and housing, et cetera,

397
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that's seventeen billion dollars. If it got two hundred thousand,

398
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thirty four billion, let's give them three hundred thousand. Now

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00:26:30,720 --> 00:26:33,680
we're up, though, I'll call it fifty billion. Okay. They

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have a train that was that they're supposed to a

401
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high speed train that was supposed to cost twenty eight

402
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billion dollars. Their bill on that is now expected to

403
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be approximately one hundred and twenty billion dollars. They could

404
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cure their home will and not cure it. I don't know,

405
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you can't cure it, but they could make a massive

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impact on homelesses in California. You know, for thirty billion.

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Speaker 1: Yeah, they could build they could literally build a skyscraper

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to house every every homeless person. Yeah, you can put.

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Speaker 2: Them everywhere in the United States. If you look at

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the same problem we have roughly we have under eight

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hundred thousand. It's supposed to be seven hundred and seventy

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five I mean eight hundred million. No, I'm sorry, eight

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hundred thousand. Yeah, seven hundred and seventy seven thousand is

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what Google says currently homeless. And you look at the

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same numbers. If we gave them eighty billion, eighty billion,

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they get one hundred thousand apiece towards aid education, you know,

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new job skills, housing, et cetera. We give them two

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hundred thousand. We spent one hundred and sixty billion, We've

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committed two hundred and twenty billion to Ukraine had already

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given them ninety Why can't we take care of Americans

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for a change?

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Speaker 1: Well, I mean I think that's what I think. That's

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what Donald Trump and the doge dudes, yeah are doing.

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And this is why, like there was an argument to

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be made here that the these lawsuits are not trying

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to stop Donald Trump. They're trying to stop the people

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that voted for Trump, right, I mean, this is what

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people knew. He he said he would do this, and

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now he's doing it, and now you've got lawsuits to

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stop him from doing it. So I mean, in essence,

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it is Democrats working to thwart the will of the people. Right.

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Speaker 2: And but you would think that every Democrat wants to

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stop homeless this rightly.

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Speaker 1: No, I actually don't.

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Speaker 2: They want their pockets, right.

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Speaker 1: I mean it's that you have a cottage industry. Much

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like at the international level with the NGOs, you've got

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the same sort of dynamic going on at the local level,

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state levels, where you have all of these nonprofits that

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feast off of the taxpayer funded grants and if you

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solve the problem then they don't exist any longer.

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Speaker 2: Yeah. I'm just absolutely ecstatic about rooting out all the

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thief yeah thiever.

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Speaker 1: Yeah, No, I am too, Yeah, bo I appreciate the call, buddy,

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watch out for the train.

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Speaker 2: No.

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Speaker 1: Yeah, like that. That's when you look at the incentive structure, right,

448
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that is surrounding whether it's the local stuff or the

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USAID international stuff. Right, they are behaving in a way

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that if you believe that their mission is to help,

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then it doesn't make sense why they're stopping it because

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again I said this the other day, when all of

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this fraud started coming out, we started seeing some of

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these programs and where the grants were going. And if

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you assume that they start the programs to address the

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thing that they say they want to address, you would

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think they would be the most angriest people at the

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waste and abuse and fraud because it is redirecting money

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away from the thing that they say they want to fix.

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But they're not. They're trying to protect the system as

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it is constructed. They don't want anybody coming in and

462
00:29:57,640 --> 00:30:01,839
fixing the waste, fraud and abuse. So go back and

463
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reassess your assumption. The assumption was that they wanted to

464
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fix this stuff. Perhaps they actually don't. And if you

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reassess the assumption and say, maybe these programs are designed

466
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to personally enrich themselves and their allies, well now their

467
00:30:19,119 --> 00:30:22,839
actions make a lot more sense. Right. Of course they do,

468
00:30:23,960 --> 00:30:30,519
of course they do. Kurch Slichter retired colonel. He writes

469
00:30:30,559 --> 00:30:32,960
a town hall dot com, but he's also a trial

470
00:30:33,039 --> 00:30:35,559
lawyer in California. I think he's the only conservative lawyer

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left in that entire state, and he's advising people not

472
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to panic about quote all the stupid legal decisions from

473
00:30:43,319 --> 00:30:46,480
leftist judges that the left is getting from judge shopping

474
00:30:46,519 --> 00:30:51,240
in leftist jurisdictions. Okay, do not panic about this. And

475
00:30:51,279 --> 00:30:56,680
he then goes through a series of explanations why this

476
00:30:56,920 --> 00:31:01,319
is all part of the plan, and he talks about

477
00:31:01,319 --> 00:31:05,079
it in a legal way, like from a legal strategy standpoint.

478
00:31:05,400 --> 00:31:08,720
There is a method to this, I'll explain in the

479
00:31:08,759 --> 00:31:12,160
next hour. All right, that'll do it for this episode.

480
00:31:12,240 --> 00:31:14,319
Thank you so much for listening. I could not do

481
00:31:14,359 --> 00:31:16,519
the show without your support and the support of the

482
00:31:16,519 --> 00:31:19,599
businesses that advertise on the podcast, so if you'd like,

483
00:31:19,720 --> 00:31:21,799
please support them too and tell them you heard it here.

484
00:31:21,960 --> 00:31:24,480
You can also become a patron at my Patreon page

485
00:31:24,599 --> 00:31:28,160
or go to vpetecleanershow dot com. Again, thank you so

486
00:31:28,240 --> 00:31:32,039
much for listening, and don't break anything while I'm gone.