1 00:00:00,120 --> 00:00:03,520 Speaker 1: It's the case everybody's watching and everybody's talking about. This week, 2 00:00:03,760 --> 00:00:06,960 Speaker 1: the Supreme Court is hearing arguments as to whether children 3 00:00:07,120 --> 00:00:10,559 Speaker 1: born to foreign nationals on American soil. I'm talking about 4 00:00:10,560 --> 00:00:14,560 Speaker 1: millions of children, whether they're American citizens or not. It's 5 00:00:14,560 --> 00:00:17,520 Speaker 1: happening this week. And the man who wrote the constitutional 6 00:00:17,640 --> 00:00:20,400 Speaker 1: argument that started all of this is sitting right here. 7 00:00:20,440 --> 00:00:23,480 Speaker 1: I've got him. John Eastman was disbarred for fighting this battle. 8 00:00:23,640 --> 00:00:26,520 Speaker 1: Then President Trump pardoned him. And what he just told 9 00:00:26,520 --> 00:00:28,639 Speaker 1: me about China and what it's doing in the United 10 00:00:28,680 --> 00:00:32,240 Speaker 1: States in our borders right now should terrify every single 11 00:00:32,280 --> 00:00:35,479 Speaker 1: person watching. I know. The fourteenth Amendment was added to 12 00:00:35,520 --> 00:00:39,080 Speaker 1: make sure that slaves and their children and everybody down 13 00:00:39,120 --> 00:00:42,280 Speaker 1: the line were not grandfathered out. They got full citizenship 14 00:00:42,360 --> 00:00:45,280 Speaker 1: rights and everything else subject to the jurisdiction thereof. Was 15 00:00:45,280 --> 00:00:47,840 Speaker 1: added by Senator Howard, as you know. And there's one 16 00:00:47,880 --> 00:00:50,040 Speaker 1: reason to add that that says, if you get an 17 00:00:50,040 --> 00:00:52,919 Speaker 1: allegiance to a foreign country, you and your children are 18 00:00:52,960 --> 00:00:55,720 Speaker 1: not citizens simply because somebody was born here. Why we 19 00:00:55,800 --> 00:00:57,360 Speaker 1: confuse this for one hundred plus. 20 00:00:57,280 --> 00:01:01,080 Speaker 2: Years, well we didn't. It was the first fifty years. 21 00:01:01,080 --> 00:01:03,080 Speaker 2: We didn't confuse it at all. It's only been for 22 00:01:03,120 --> 00:01:05,759 Speaker 2: the last fifty years or so that we've backed into 23 00:01:05,760 --> 00:01:09,000 Speaker 2: this confused notion that anybody born here, no matter what, 24 00:01:09,280 --> 00:01:13,600 Speaker 2: is a citizen. The clause was changed from the eighteen 25 00:01:13,720 --> 00:01:17,119 Speaker 2: sixty six Civil Rights Act, which very clearly said all 26 00:01:17,160 --> 00:01:20,120 Speaker 2: persons born in the United States and not subject to 27 00:01:20,200 --> 00:01:25,200 Speaker 2: any foreign power, excluding Indians, not taxed, are citizens. And 28 00:01:25,400 --> 00:01:27,720 Speaker 2: they realized that was a bit of a problem because 29 00:01:27,760 --> 00:01:31,640 Speaker 2: the Indian tribes were domestic powers, not foreign powers. And 30 00:01:31,760 --> 00:01:33,720 Speaker 2: if they paid a sales tax when they went and 31 00:01:33,720 --> 00:01:36,240 Speaker 2: bought a beer, did that meant that they were citizens 32 00:01:36,240 --> 00:01:40,480 Speaker 2: instead of non citizens? And so they changed the language 33 00:01:40,480 --> 00:01:44,280 Speaker 2: to not subject the jurisdiction thereof, and everybody agreed it 34 00:01:44,319 --> 00:01:47,200 Speaker 2: meant the same thing. And in fact, Cecilia Wang this 35 00:01:47,280 --> 00:01:49,960 Speaker 2: morning in the oral argument, who was arguing on behalf 36 00:01:50,000 --> 00:01:53,280 Speaker 2: of the ACLU, admitted that they meant the same thing. 37 00:01:53,480 --> 00:01:56,200 Speaker 2: She just said, not subject to any foreign power only 38 00:01:56,240 --> 00:01:59,560 Speaker 2: meant ambassadors. I think it was the major mistake she 39 00:01:59,640 --> 00:02:03,040 Speaker 2: made her whole argument. They clearly didn't mean just ambassador 40 00:02:03,160 --> 00:02:06,800 Speaker 2: is it meant to anybody here temporarily was still subject 41 00:02:06,800 --> 00:02:09,320 Speaker 2: to their foreign power home country, and they were not 42 00:02:09,360 --> 00:02:12,639 Speaker 2: going to get citizenship under either the sixty six Civil 43 00:02:12,680 --> 00:02:16,079 Speaker 2: Rights Act or the Fourteenth Amendment citizenship clause itself. 44 00:02:16,440 --> 00:02:19,040 Speaker 1: It is a John Eastpin, he's a great attorney. Let 45 00:02:19,080 --> 00:02:22,760 Speaker 1: me ask you about Katanji Brown Jackson's assertion today. And 46 00:02:22,800 --> 00:02:24,720 Speaker 1: we shouldn't take her seriously because she doesn't know what 47 00:02:24,760 --> 00:02:26,960 Speaker 1: a woman is. But she's on the court and she 48 00:02:27,040 --> 00:02:30,400 Speaker 1: makes this assertion. If I'm visiting Japan and I steal something, 49 00:02:30,720 --> 00:02:33,160 Speaker 1: am I not subject to that? To that country's laws? 50 00:02:33,200 --> 00:02:34,880 Speaker 1: And then she said, and if somebody's still something from me, 51 00:02:35,720 --> 00:02:38,040 Speaker 1: she tried to make some example that way. This isn't 52 00:02:38,080 --> 00:02:41,160 Speaker 1: about having to follow the speed limits. This isn't about 53 00:02:41,200 --> 00:02:43,680 Speaker 1: not stealing or robbing from a bank because you're here illegally. 54 00:02:44,080 --> 00:02:47,080 Speaker 1: This is about you having an allegiance, as you said, 55 00:02:47,120 --> 00:02:49,480 Speaker 1: to a foreign country. So I think a simple question 56 00:02:49,520 --> 00:02:51,280 Speaker 1: would have to be this, Why did they write it 57 00:02:51,280 --> 00:02:53,880 Speaker 1: in such a strange way subject to the jurisdiction thereof 58 00:02:54,160 --> 00:02:56,799 Speaker 1: saying that I think leaves it to so much open interpretation. 59 00:02:57,240 --> 00:02:59,600 Speaker 1: Why didn't they just say, if you're a subject of 60 00:02:59,600 --> 00:03:01,639 Speaker 1: a different country and you have a baby here, your 61 00:03:01,639 --> 00:03:03,560 Speaker 1: baby's not a citizen. That would have been simpler. 62 00:03:03,560 --> 00:03:07,880 Speaker 2: No, Well, it would have, but you had the issue 63 00:03:07,919 --> 00:03:10,840 Speaker 2: about people who were coming here and taking up a lawful, 64 00:03:10,880 --> 00:03:15,560 Speaker 2: permanent domicile that were no longer temporary visitors, and that 65 00:03:15,720 --> 00:03:19,280 Speaker 2: until they become citizens, they still have some distant connection 66 00:03:19,400 --> 00:03:22,440 Speaker 2: to their home country. Right, but not in the same way. Uh, 67 00:03:22,560 --> 00:03:26,679 Speaker 2: I think what what justice brown Jackson's commentment, and uh 68 00:03:26,720 --> 00:03:30,519 Speaker 2: and sodamo Ores and Kagan's uh and and and and 69 00:03:30,520 --> 00:03:32,960 Speaker 2: and made most of the briefs that were filed on 70 00:03:33,000 --> 00:03:37,360 Speaker 2: that side in the case confuse, subject to the jurisdiction 71 00:03:37,520 --> 00:03:40,520 Speaker 2: was subject to the laws if they wanted the broader rule, 72 00:03:41,000 --> 00:03:43,000 Speaker 2: And why didn't they say, if you're born here and 73 00:03:43,080 --> 00:03:46,080 Speaker 2: subject to our laws, then you're a citizen. That would 74 00:03:46,080 --> 00:03:50,640 Speaker 2: have excluded the ambassadors unambiguously and nobody else. The example 75 00:03:50,720 --> 00:03:54,080 Speaker 2: I like to give is subject to the jurisdiction had 76 00:03:54,120 --> 00:03:57,600 Speaker 2: two different meanings at the time. Subject to what they 77 00:03:57,600 --> 00:04:01,640 Speaker 2: call partial or territorial jurisdiction, you were subject to our 78 00:04:01,720 --> 00:04:05,120 Speaker 2: laws while you were here on our soil, within our borders, 79 00:04:05,320 --> 00:04:09,760 Speaker 2: with the sole exception of ambassadors. But you did know allegiance. 80 00:04:09,760 --> 00:04:13,240 Speaker 2: You weren't subject to the more complete jurisdiction. And when 81 00:04:13,280 --> 00:04:16,359 Speaker 2: Senator Howard, the author of that language, was asked that 82 00:04:16,480 --> 00:04:21,520 Speaker 2: question directly. He said, it means complete jurisdiction, such as 83 00:04:21,600 --> 00:04:25,720 Speaker 2: you requires allegiance, not any of this partial jurisdiction, such 84 00:04:25,760 --> 00:04:28,480 Speaker 2: as anybody's here asked to comply with our laws. He 85 00:04:28,680 --> 00:04:31,479 Speaker 2: was very clear about that that we didn't have illegal 86 00:04:31,520 --> 00:04:35,000 Speaker 2: immigrants at the time because there weren't any restrictions on immigration, 87 00:04:35,560 --> 00:04:39,160 Speaker 2: but we did have temporary visitors, and they were specifically 88 00:04:39,200 --> 00:04:42,680 Speaker 2: asked about it. What about the Chinese and Gypsies, Senator 89 00:04:42,720 --> 00:04:47,160 Speaker 2: Cohen from Pennsylvania asks, and Senator Kannas responds, yes, they'll 90 00:04:47,160 --> 00:04:50,599 Speaker 2: get citizenship. But Senator Cohen had asked further, are they 91 00:04:50,640 --> 00:04:54,800 Speaker 2: to have more rights than sojourners? What does that mean? 92 00:04:55,040 --> 00:04:57,680 Speaker 2: That means they all agreed that sojourners were not going 93 00:04:57,720 --> 00:05:00,440 Speaker 2: to have the right the entitlement to automatic and ship 94 00:05:00,480 --> 00:05:03,120 Speaker 2: for their kids. Are the Chinese and Gypsy's going to 95 00:05:03,160 --> 00:05:06,480 Speaker 2: have more rights? Well, yes, if they're not temporary visitors, 96 00:05:06,520 --> 00:05:10,000 Speaker 2: but if they're lawfully and permanently domiciled here. That was 97 00:05:10,040 --> 00:05:13,240 Speaker 2: the issue. Everybody agreed about it, and they agreed about 98 00:05:13,279 --> 00:05:16,080 Speaker 2: it for nearly one hundred years after the amendment was adopted. 99 00:05:16,640 --> 00:05:19,599 Speaker 1: I think the domicile issue is a huge one because 100 00:05:19,640 --> 00:05:21,800 Speaker 1: these people, as I said, this is not an example 101 00:05:21,800 --> 00:05:24,120 Speaker 1: of making up. Women come across the border in Laredo 102 00:05:24,240 --> 00:05:26,800 Speaker 1: or in del Rio, wherever they want to. I'm here 103 00:05:26,800 --> 00:05:29,240 Speaker 1: in Texas. They come across the border every day, have 104 00:05:29,320 --> 00:05:31,520 Speaker 1: a baby. The baby's a citizen, and they have no 105 00:05:31,640 --> 00:05:34,240 Speaker 1: domicile here. They have no permanent residency there, they have 106 00:05:34,360 --> 00:05:37,200 Speaker 1: no established residency here. Even if they're here illegally, they 107 00:05:37,200 --> 00:05:39,320 Speaker 1: don't even have an apartment in their name. So how 108 00:05:39,400 --> 00:05:41,839 Speaker 1: is it that that baby would ever be considered a citizen? 109 00:05:42,120 --> 00:05:44,159 Speaker 1: And John, can you tell my audience and me when 110 00:05:44,200 --> 00:05:46,640 Speaker 1: this started going rogue like this? Was it in the 111 00:05:46,680 --> 00:05:49,200 Speaker 1: past fifty years, in the past seventy years, when did 112 00:05:49,200 --> 00:05:49,919 Speaker 1: this start happening? 113 00:05:50,040 --> 00:05:53,039 Speaker 2: Well, well, some people are trying to say that it 114 00:05:53,120 --> 00:05:55,800 Speaker 2: was the Supreme Court's decision in eighteen ninety eight in 115 00:05:55,839 --> 00:05:58,600 Speaker 2: a case the Loong case. Remark, yeah, yeah, the Wang 116 00:05:58,680 --> 00:06:02,680 Speaker 2: Kim Ark case. Here was a Chinese baby born to 117 00:06:02,760 --> 00:06:05,640 Speaker 2: Chinese parents who were here at the court twenty eight 118 00:06:05,640 --> 00:06:08,400 Speaker 2: different times, and the majority and dissenting opinions the court 119 00:06:08,440 --> 00:06:11,279 Speaker 2: refers to the fact that they were domiciled here. The 120 00:06:11,360 --> 00:06:14,880 Speaker 2: question presented was, are the children of somebody born to 121 00:06:15,040 --> 00:06:18,919 Speaker 2: parents who are lawfully and permanently domiciled here a citizen. 122 00:06:19,240 --> 00:06:23,240 Speaker 2: It's critically important to wankim Ark and most legal scholars 123 00:06:23,480 --> 00:06:25,800 Speaker 2: all the way up until President Trump started hitting this 124 00:06:25,880 --> 00:06:29,159 Speaker 2: issue in twenty fifteen. Most legal scholars agreed with me 125 00:06:29,520 --> 00:06:32,400 Speaker 2: that wan kim Ark didn't settle the question with respect 126 00:06:32,440 --> 00:06:35,880 Speaker 2: to temporary visitors or the illegal aliens. But now all 127 00:06:35,920 --> 00:06:37,680 Speaker 2: of a sudden, they're all saying, no, it was very 128 00:06:37,680 --> 00:06:39,800 Speaker 2: clearly settled one hundred and fifty one hundred and twenty 129 00:06:39,839 --> 00:06:43,799 Speaker 2: five years ago. Nonsense. If it was settled that anybody 130 00:06:43,800 --> 00:06:47,200 Speaker 2: born on US soil as a citizen in eighteen ninety 131 00:06:47,200 --> 00:06:49,839 Speaker 2: eight in the wankim Art case, then why did Congress 132 00:06:49,880 --> 00:06:53,719 Speaker 2: need to offer Indian citizenship in nineteen twenty four. Why 133 00:06:53,760 --> 00:06:56,680 Speaker 2: did the Mexican workers in the nineteen twenties who were 134 00:06:57,160 --> 00:07:02,040 Speaker 2: sometimes forcibly repatriated after the Great Hit, including their American 135 00:07:02,120 --> 00:07:06,320 Speaker 2: born children, why did not a single case get pressed 136 00:07:06,960 --> 00:07:11,120 Speaker 2: challenging that repatriation on the ground that the children were citizens. 137 00:07:11,360 --> 00:07:16,400 Speaker 2: Same with the nineteen fifties Persero's program. Now under the 138 00:07:16,440 --> 00:07:19,560 Speaker 2: toward the end of the Franklin Roosevelt administration. There's some 139 00:07:20,000 --> 00:07:22,920 Speaker 2: Office of Legal Council memo suggesting that wan him Mark 140 00:07:23,000 --> 00:07:25,880 Speaker 2: says anybody born on the soil is a citizen. And 141 00:07:25,920 --> 00:07:28,760 Speaker 2: so the argument is made that that by the when 142 00:07:28,800 --> 00:07:32,120 Speaker 2: Congress passed the exact same language in a statute, that 143 00:07:32,160 --> 00:07:35,440 Speaker 2: they meant anybody born here. I just think that's crazy. 144 00:07:36,360 --> 00:07:40,400 Speaker 2: And we have on the Passport Office Forum all the 145 00:07:40,400 --> 00:07:43,400 Speaker 2: way up until nineteen sixty six, if you were born 146 00:07:43,440 --> 00:07:47,000 Speaker 2: on US soil and you needed to prove citizenship to 147 00:07:47,000 --> 00:07:49,600 Speaker 2: get a passport, the fact that you were born here 148 00:07:49,600 --> 00:07:52,640 Speaker 2: should have been enough. But on the Passport Forum that 149 00:07:52,920 --> 00:07:55,560 Speaker 2: wasn't enough. You had to say where you were born, 150 00:07:55,840 --> 00:07:58,000 Speaker 2: and then you had to explain what the status of 151 00:07:58,040 --> 00:08:00,520 Speaker 2: your parents was at the time you were born in 152 00:08:00,600 --> 00:08:03,480 Speaker 2: order to be able to demonstrate citizenship. That changed in 153 00:08:03,560 --> 00:08:08,000 Speaker 2: nineteen sixty six, inexplicably, and it's kind of since then 154 00:08:08,040 --> 00:08:10,760 Speaker 2: that we started to develop as a notion that birth 155 00:08:10,800 --> 00:08:14,920 Speaker 2: on the soil, no matter what legally present, temporarily present, permanently, 156 00:08:14,960 --> 00:08:18,320 Speaker 2: president illegally doesn't matter. Anybody born here, no matter what, 157 00:08:18,520 --> 00:08:20,920 Speaker 2: is a citizen. And it's one of the reasons why 158 00:08:20,960 --> 00:08:25,040 Speaker 2: President Trump's executive order only at pribe applies forward looking, 159 00:08:25,440 --> 00:08:27,840 Speaker 2: because all of the people born in the last fifty 160 00:08:27,920 --> 00:08:33,080 Speaker 2: sixty years under this misgotten, misbegotten notion have come to 161 00:08:33,160 --> 00:08:35,760 Speaker 2: rely on the fact that we've treated them as citizens. 162 00:08:35,880 --> 00:08:37,719 Speaker 2: We're not going to pull the rug out from under him, 163 00:08:37,920 --> 00:08:40,240 Speaker 2: but going forward, we ought not to keep repeating the 164 00:08:40,280 --> 00:08:40,959 Speaker 2: same mistake. 165 00:08:41,240 --> 00:08:42,959 Speaker 1: That's a really important point, John, because a lot of 166 00:08:43,000 --> 00:08:44,560 Speaker 1: people on the left are lying and saying that this 167 00:08:44,600 --> 00:08:47,480 Speaker 1: would take citizenship away from anybody who's gotten it by 168 00:08:47,480 --> 00:08:49,559 Speaker 1: birthright up until now. I'm glad that you said that. 169 00:08:49,600 --> 00:08:53,840 Speaker 1: It's John Eastman. Go to John easpin Legal Defensefund dot com. 170 00:08:54,040 --> 00:08:56,640 Speaker 1: John Easpin Legal Defense Fund dot com. So let's talk 171 00:08:56,640 --> 00:08:58,520 Speaker 1: about one, Kim Mark, I want to get too into 172 00:08:58,520 --> 00:09:01,280 Speaker 1: the weeds with this, but that case I thought had 173 00:09:01,320 --> 00:09:03,800 Speaker 1: a lot to do with how racism was being used 174 00:09:03,800 --> 00:09:07,120 Speaker 1: against Chinese people that were working in places like San Francisco. 175 00:09:07,440 --> 00:09:09,959 Speaker 1: They were being brought here, treated like absolute garbage, and 176 00:09:10,000 --> 00:09:13,560 Speaker 1: then being tossed aside or repatriated, as you said, and 177 00:09:13,600 --> 00:09:15,480 Speaker 1: I almost feel like the court ruled in that case 178 00:09:15,559 --> 00:09:17,760 Speaker 1: to stop the racism against Chinese people. Am I am 179 00:09:17,800 --> 00:09:20,040 Speaker 1: I off based on that No. 180 00:09:20,280 --> 00:09:25,120 Speaker 2: I think you're right. Look, in eighteen eighty two we 181 00:09:25,240 --> 00:09:28,400 Speaker 2: start having these Chinese exclusion acts. I won't even let 182 00:09:28,440 --> 00:09:32,000 Speaker 2: the Chinese laborers come here. Of course, Wan cam Ark's 183 00:09:32,000 --> 00:09:34,600 Speaker 2: parents had come a decade and a half before that. 184 00:09:34,720 --> 00:09:38,400 Speaker 2: He was born in the eighteen seventies. But we had 185 00:09:38,440 --> 00:09:41,319 Speaker 2: a treaty with the Emperor of China that even though 186 00:09:41,360 --> 00:09:45,040 Speaker 2: the treaty says, we recognize and the Chinese Emperor recognizes 187 00:09:45,080 --> 00:09:48,199 Speaker 2: the right of expatriation, the right to throw off your 188 00:09:48,280 --> 00:09:51,040 Speaker 2: former allegiance and take up a new one if you want. 189 00:09:51,160 --> 00:09:53,880 Speaker 2: Even though the treaty said that, it also said, yeah, 190 00:09:53,920 --> 00:09:56,520 Speaker 2: but we're not going to ever let him become us citizens. 191 00:09:56,760 --> 00:09:59,320 Speaker 2: And this question was brought up by one of the 192 00:09:59,400 --> 00:10:01,920 Speaker 2: justices that argument today. I mean, for heaven's sakes, what 193 00:10:02,000 --> 00:10:05,480 Speaker 2: more could they do to demonstrate their allegiance here When 194 00:10:05,520 --> 00:10:08,080 Speaker 2: we wouldn't let them become citizens, but we let them, 195 00:10:08,280 --> 00:10:12,199 Speaker 2: with our consent, become lawfully become members of our community, 196 00:10:12,440 --> 00:10:16,600 Speaker 2: become permanent domiciles here. What more could they have done? 197 00:10:17,040 --> 00:10:19,960 Speaker 2: And that question I thought was very powerful. They couldn't, 198 00:10:19,960 --> 00:10:21,800 Speaker 2: And I think that had a lot to do with 199 00:10:21,840 --> 00:10:23,760 Speaker 2: why the Court went the direction it did. In Wan 200 00:10:23,880 --> 00:10:24,320 Speaker 2: Kim Mark. 201 00:10:24,640 --> 00:10:27,080 Speaker 1: It is John Eastman, former Trump attorney, of course a 202 00:10:27,160 --> 00:10:30,560 Speaker 1: constitutional expert. Love having you on John Eastpin Legal Defense 203 00:10:30,600 --> 00:10:33,440 Speaker 1: Fund dot com. When it comes to the whole idea 204 00:10:33,480 --> 00:10:36,320 Speaker 1: of diplomatic community, I think that makes the case, doesn't it. 205 00:10:36,679 --> 00:10:38,840 Speaker 1: If somebody is here as a diplomat and they have 206 00:10:38,920 --> 00:10:41,480 Speaker 1: a baby, it certainly is not an American citizen. So 207 00:10:41,480 --> 00:10:43,360 Speaker 1: somebody who came here legally that we accept, that we 208 00:10:43,400 --> 00:10:46,360 Speaker 1: understand as a diplomat, they know the rules, that they 209 00:10:46,360 --> 00:10:49,000 Speaker 1: have their allegiances to some other country. Why isn't that 210 00:10:49,040 --> 00:10:52,000 Speaker 1: the basis of this entire case. Why would somebody stinking 211 00:10:52,040 --> 00:10:54,920 Speaker 1: across the border to get whatever benefit they can having 212 00:10:54,920 --> 00:10:58,040 Speaker 1: a baby get all these benefits, whereas we understand somebody 213 00:10:58,080 --> 00:11:01,880 Speaker 1: who's somebody who's here diplomatically and legally doesn't have those benefits. 214 00:11:03,160 --> 00:11:05,080 Speaker 2: This is I think one of the one of the 215 00:11:05,120 --> 00:11:09,280 Speaker 2: two most important mistakes made in the briefing against the 216 00:11:09,320 --> 00:11:12,560 Speaker 2: government in the case. Keith Whitning and a prominent schollar 217 00:11:12,640 --> 00:11:15,680 Speaker 2: up at Yale now made the argument that we don't 218 00:11:15,679 --> 00:11:18,280 Speaker 2: even think that the children of diplomats are born on 219 00:11:18,440 --> 00:11:22,400 Speaker 2: US soil, that there's a bubble around them, that wherever 220 00:11:22,480 --> 00:11:25,480 Speaker 2: they go, wherever they step at that moment, it is 221 00:11:25,520 --> 00:11:28,920 Speaker 2: the sovereign soil of that ambassador's home country. 222 00:11:28,960 --> 00:11:31,280 Speaker 1: Oh, that's just dumb. That's kind of dumb, John. 223 00:11:31,520 --> 00:11:34,760 Speaker 2: No, no, no, but it's but it's the it's the 224 00:11:34,800 --> 00:11:37,920 Speaker 2: fiction of extra territoriality that is a recognized part of 225 00:11:38,200 --> 00:11:43,199 Speaker 2: international law. And Cecilia Wang made the same point just 226 00:11:43,280 --> 00:11:45,840 Speaker 2: as Barrett asked her this question. They're not even on 227 00:11:46,040 --> 00:11:48,719 Speaker 2: US soil because of this bubble that goes around them, 228 00:11:48,760 --> 00:11:52,720 Speaker 2: this fictional bubble. Neither are the children of marauding armies 229 00:11:52,720 --> 00:11:55,600 Speaker 2: that have occupied part of our territory. It's no longer 230 00:11:55,720 --> 00:11:59,920 Speaker 2: US soil while it's occupied. And neither are Indian reservation. 231 00:12:00,880 --> 00:12:03,959 Speaker 2: And Cecilia Long agreed with that, But then she said, 232 00:12:04,280 --> 00:12:08,640 Speaker 2: even Indians off reservation are not subject to the jurisdiction. 233 00:12:08,800 --> 00:12:11,760 Speaker 2: They're all treated like ambassadors as well. And that's just 234 00:12:11,880 --> 00:12:15,600 Speaker 2: utter nonsense. Maybe the tribal leader could make that claim, 235 00:12:15,960 --> 00:12:18,760 Speaker 2: but certainly not the individual tribal members. And if they're 236 00:12:18,800 --> 00:12:22,559 Speaker 2: born off the reservation, they are clearly born on US oil. 237 00:12:22,840 --> 00:12:27,200 Speaker 2: They are clearly subject to the jurisdiction in the way 238 00:12:26,920 --> 00:12:32,760 Speaker 2: that the respondents the challengers claim the subject to our laws, 239 00:12:33,200 --> 00:12:36,640 Speaker 2: and the court very clearly said and elk versus welcome 240 00:12:36,679 --> 00:12:38,960 Speaker 2: to eighteen eighty four. But because they owe their primary 241 00:12:38,960 --> 00:12:41,719 Speaker 2: allegiance to their tribe, they are not subject to the 242 00:12:41,760 --> 00:12:45,240 Speaker 2: complete jurisdiction. And there's not an iota of difference between 243 00:12:45,280 --> 00:12:49,280 Speaker 2: that and a Frenchman or somebody from Mexico or Guatemada 244 00:12:49,480 --> 00:12:54,640 Speaker 2: or Nigeria visiting here temporarily still subject to their home country. 245 00:12:54,840 --> 00:12:58,160 Speaker 2: So the Indian case off reservation, I think is compelling 246 00:12:58,240 --> 00:12:59,559 Speaker 2: and should decide the case. 247 00:13:00,000 --> 00:13:01,320 Speaker 1: I just want to make sure I understand. If somebody 248 00:13:01,360 --> 00:13:03,920 Speaker 1: goes to Joe's restaurant, sits down with his family and 249 00:13:03,920 --> 00:13:05,599 Speaker 1: he's a foreign diplomat, he could just not pay the 250 00:13:05,640 --> 00:13:08,520 Speaker 1: bill and say, listen, this is Iranian territory right now, 251 00:13:08,559 --> 00:13:09,960 Speaker 1: I don't have to pay the bill here, and I'm 252 00:13:10,000 --> 00:13:12,000 Speaker 1: not subject to your laws. That doesn't make any sense 253 00:13:12,240 --> 00:13:14,120 Speaker 1: that argument, actually, And I'm not a lawyer. My mom 254 00:13:14,120 --> 00:13:16,280 Speaker 1: says it'd be a great lawyer. Alan Dershwitz says, that'd 255 00:13:16,320 --> 00:13:19,960 Speaker 1: be a greatlawyer. By the way, the idea that suddenly 256 00:13:20,000 --> 00:13:23,000 Speaker 1: wherever you happen to be is your homeland is just 257 00:13:23,080 --> 00:13:26,400 Speaker 1: silly to me. It doesn't make any sense. And was 258 00:13:26,440 --> 00:13:28,960 Speaker 1: that argument completely blown out of the water today or 259 00:13:29,000 --> 00:13:30,160 Speaker 1: is that actually being listened to. 260 00:13:31,400 --> 00:13:33,920 Speaker 2: No, it's being listened to because it actually is. They 261 00:13:33,960 --> 00:13:37,120 Speaker 2: call it the fiction of extra territoriality. It's a component 262 00:13:37,160 --> 00:13:37,600 Speaker 2: of Internet. 263 00:13:37,600 --> 00:13:39,400 Speaker 1: And that's really the way it is, Johnny. And honestly, 264 00:13:39,440 --> 00:13:41,319 Speaker 1: wherever they happen to be is their territory. 265 00:13:42,280 --> 00:13:45,439 Speaker 2: It's treated as their territory. The person of the ambassador 266 00:13:45,520 --> 00:13:47,640 Speaker 2: is treated as the person of the sovereign. This is 267 00:13:47,679 --> 00:13:50,240 Speaker 2: why you get you get these ambassadors at the UN 268 00:13:50,559 --> 00:13:53,200 Speaker 2: racking up millions of dollars in parking kickens in New 269 00:13:53,280 --> 00:13:56,439 Speaker 2: York City. They do nothing to pay because right they 270 00:13:56,480 --> 00:13:57,000 Speaker 2: do nothing. 271 00:13:57,160 --> 00:14:00,880 Speaker 1: Yeah, wow, it is johnn. Eastman, go to Johnny's been 272 00:14:00,920 --> 00:14:03,600 Speaker 1: Legal Defense fund dot com. Johnny's been legal Legal Defense 273 00:14:03,720 --> 00:14:06,760 Speaker 1: fund dot com. Well, the fact that there are five 274 00:14:06,880 --> 00:14:12,600 Speaker 1: hundred different organizations in China literally sending Chinese nationals here 275 00:14:12,640 --> 00:14:15,840 Speaker 1: to have babies, so they have American citizen Chinese national babies, 276 00:14:16,720 --> 00:14:18,120 Speaker 1: is that fact going to be brought up at all? 277 00:14:18,120 --> 00:14:20,280 Speaker 1: I didn't. I didn't watch everything today. I hope that 278 00:14:20,320 --> 00:14:21,840 Speaker 1: it's going to be brought up because that is a 279 00:14:21,960 --> 00:14:25,120 Speaker 1: major problem going forward in the United States of America 280 00:14:25,160 --> 00:14:28,720 Speaker 1: for our sovereignty, and there's there's an enemy actor, an 281 00:14:28,840 --> 00:14:32,080 Speaker 1: entire nation state that would love to make this country 282 00:14:32,160 --> 00:14:34,480 Speaker 1: China doing this. Is that going to be brought up? 283 00:14:35,760 --> 00:14:38,680 Speaker 2: It actually was brought up, so listener General John Sower 284 00:14:38,760 --> 00:14:41,840 Speaker 2: brought brought it up during the oral argument, and several 285 00:14:41,840 --> 00:14:45,560 Speaker 2: of the justices seemed to recognize the importance of that. 286 00:14:45,840 --> 00:14:49,520 Speaker 2: And it's not just that they're having birth tourism babies here. 287 00:14:50,160 --> 00:14:52,600 Speaker 2: They'll have those babies and then they'll they'll be sent 288 00:14:52,720 --> 00:14:55,800 Speaker 2: back to China, they'll be raised by the Communist Party 289 00:14:55,800 --> 00:14:58,120 Speaker 2: to be enemies of the United States, and then they 290 00:14:58,160 --> 00:15:01,120 Speaker 2: will come back here claiming to be US citizens, and 291 00:15:01,120 --> 00:15:03,160 Speaker 2: we can't do anything about it. I saw a news 292 00:15:03,240 --> 00:15:05,880 Speaker 2: report about a week ago that said there are two 293 00:15:05,960 --> 00:15:10,440 Speaker 2: hundred thousand Chinese men of military age who are in 294 00:15:10,480 --> 00:15:14,480 Speaker 2: this country who are the products of long standing birth tourism. 295 00:15:14,760 --> 00:15:18,880 Speaker 2: While a policy of China two hundred thousand, that's an 296 00:15:19,040 --> 00:15:23,800 Speaker 2: army already embedded on our shores because of this misbegotten 297 00:15:23,800 --> 00:15:27,080 Speaker 2: notion of birthright tourism citizenship that has led to birth 298 00:15:27,120 --> 00:15:30,640 Speaker 2: tourism and our major enemy on the world stage taking 299 00:15:30,680 --> 00:15:32,280 Speaker 2: advantage of our own idiocy. 300 00:15:32,920 --> 00:15:36,000 Speaker 1: Incredible Attorney John Eastman going and check out Johnny's been 301 00:15:36,040 --> 00:15:38,960 Speaker 1: a legal defense fund dot com. How's this likely to 302 00:15:39,000 --> 00:15:41,240 Speaker 1: come out? I feel as though since John Roberts has 303 00:15:41,240 --> 00:15:44,200 Speaker 1: been the Chief Justice, just my opinion that it's a 304 00:15:44,240 --> 00:15:46,480 Speaker 1: weak court in that they don't want to take a stand. 305 00:15:46,520 --> 00:15:49,040 Speaker 1: He didn't allegedly, well, he didn't take a stand in Obamacare, 306 00:15:49,040 --> 00:15:50,560 Speaker 1: and he changed a fee to a tax or attack 307 00:15:50,640 --> 00:15:52,720 Speaker 1: to a fee, and decided to change the legislation to 308 00:15:52,800 --> 00:15:55,680 Speaker 1: let it go through. And Cony Barrett seems to be 309 00:15:55,800 --> 00:15:59,120 Speaker 1: somebody who teeters on conservatism or not. Roberts doesn't really 310 00:15:59,120 --> 00:16:01,640 Speaker 1: want to have rioting the street. So I get the feeling, 311 00:16:01,720 --> 00:16:04,280 Speaker 1: my opinion only that he's afraid to make really really 312 00:16:04,360 --> 00:16:07,000 Speaker 1: important decisions. What's likely to happen here? Do you think? 313 00:16:08,360 --> 00:16:11,760 Speaker 2: Well? I think there are clearly three strong votes against 314 00:16:11,840 --> 00:16:16,920 Speaker 2: the president's executive order, the three same justices that disagreed 315 00:16:16,960 --> 00:16:21,080 Speaker 2: with the nationwide injunction order last June in the Kaza case. 316 00:16:21,720 --> 00:16:27,080 Speaker 2: That's Kagan and Sodomayoor and Brown Jackson. I think Justice Alito, 317 00:16:27,240 --> 00:16:32,400 Speaker 2: Thomas and probably Gorsiz are pretty strongly supporting the government's position. 318 00:16:32,960 --> 00:16:37,440 Speaker 2: I got the sense that Justices Barrett and Kavanaugh were 319 00:16:37,520 --> 00:16:42,000 Speaker 2: leaning that direction. Chief Justice Roberts kept it a little 320 00:16:42,040 --> 00:16:45,720 Speaker 2: closer to the vest than those two did. I will 321 00:16:45,760 --> 00:16:48,000 Speaker 2: say this, the media reports out that I've seen this 322 00:16:48,080 --> 00:16:51,040 Speaker 2: afternoon that Chief Justice Roberts as, you can't do this, 323 00:16:51,200 --> 00:16:55,600 Speaker 2: it's mandated by the Constitution. That's complete distortion of what 324 00:16:55,800 --> 00:16:58,800 Speaker 2: he said and taken out of context that phrase. So 325 00:16:59,040 --> 00:17:02,560 Speaker 2: he didn't say anything of the sort. The question was 326 00:17:02,600 --> 00:17:05,480 Speaker 2: whether whether Congress could alter the meaning of subject to 327 00:17:05,520 --> 00:17:09,119 Speaker 2: the jurisdiction, and he said, if it's mandated by the Constitution, 328 00:17:09,240 --> 00:17:12,840 Speaker 2: then no, they can't. That's that's basic constitutional law. One 329 00:17:12,840 --> 00:17:16,439 Speaker 2: oh one. So so you know, I don't think we 330 00:17:16,520 --> 00:17:18,439 Speaker 2: have a read on him. I do agree with you 331 00:17:18,480 --> 00:17:20,560 Speaker 2: he tries to find a way to avoid this, and 332 00:17:20,640 --> 00:17:24,400 Speaker 2: I think he was trying to explore whether Congress, under 333 00:17:24,440 --> 00:17:27,960 Speaker 2: its Section five powers under the fourteenth Amendment, could could 334 00:17:28,800 --> 00:17:33,199 Speaker 2: adjust the meaning of what subject to the jurisdiction in 335 00:17:33,240 --> 00:17:36,560 Speaker 2: a way that would impact this, and both Solicitor General 336 00:17:36,600 --> 00:17:39,840 Speaker 2: Souer and Cecilia Wang, arguing on the other side, said no. 337 00:17:40,400 --> 00:17:42,919 Speaker 2: And so if he tries to split the baby in 338 00:17:42,960 --> 00:17:47,239 Speaker 2: that direction, I don't think you know, those those, you know, 339 00:17:47,640 --> 00:17:50,720 Speaker 2: flat out rejections of that argument by both sides will 340 00:17:50,720 --> 00:17:52,000 Speaker 2: make it very difficult to do. 341 00:17:52,520 --> 00:17:54,920 Speaker 1: It's hi, Johnny Easman. So so what is the Let's 342 00:17:54,920 --> 00:17:57,360 Speaker 1: say the Supreme Court says the executive order is no good, 343 00:17:57,600 --> 00:17:59,000 Speaker 1: He's just going to stay the way it is, and 344 00:17:59,040 --> 00:18:02,040 Speaker 1: the birthright policy remains. You've got a majority in the 345 00:18:02,040 --> 00:18:04,639 Speaker 1: House of the Senate. Do they pass legislation? Do they 346 00:18:04,680 --> 00:18:08,200 Speaker 1: pass an act that somehow updates or amends the amendment? 347 00:18:08,400 --> 00:18:10,840 Speaker 1: Do you have to make an amendment through a constitutional conference? 348 00:18:11,160 --> 00:18:14,639 Speaker 1: What happens because subject of the jurisdiction thereof is problematic. 349 00:18:14,720 --> 00:18:16,800 Speaker 1: In my opinion, if you rewrite it to make it 350 00:18:16,880 --> 00:18:19,960 Speaker 1: more clear if you're a subject of a foreign entity 351 00:18:20,000 --> 00:18:23,120 Speaker 1: your child is not a citizen, that would be much easier. 352 00:18:23,359 --> 00:18:26,119 Speaker 1: But can you alter a current amendment or do you 353 00:18:26,160 --> 00:18:27,679 Speaker 1: have to do something different to amend it? 354 00:18:29,359 --> 00:18:31,680 Speaker 2: I think you'd have to amend the constitution. Supreme Court 355 00:18:31,720 --> 00:18:36,199 Speaker 2: comes down and says, the Constitution doesn't allow you to 356 00:18:36,320 --> 00:18:40,520 Speaker 2: not give citizenship to temporary visitors or illegally immigrants. Congress 357 00:18:40,520 --> 00:18:43,680 Speaker 2: couldn't alter that either. It has no more power to 358 00:18:43,720 --> 00:18:48,200 Speaker 2: adjust the meaning of the Constitution than the President does. 359 00:18:48,200 --> 00:18:51,400 Speaker 2: By executive order. What the president's executive order is trying 360 00:18:51,400 --> 00:18:54,800 Speaker 2: to do is define what the Constitution means, not alter 361 00:18:54,920 --> 00:18:58,159 Speaker 2: what it means. And so if the Court says, oh, 362 00:18:58,320 --> 00:19:01,800 Speaker 2: constitution means acts, you're wrong, mister President. Then the only 363 00:19:01,840 --> 00:19:04,280 Speaker 2: way to fix that, I think would be a constitutional amendment. 364 00:19:04,640 --> 00:19:07,320 Speaker 2: But the American people are now so awakened to the 365 00:19:07,400 --> 00:19:10,800 Speaker 2: problem with this issue and this misunderstanding of the Constitution 366 00:19:11,320 --> 00:19:14,639 Speaker 2: that I think we might have the most successful prospect 367 00:19:14,680 --> 00:19:17,920 Speaker 2: of a constitutional amendment in relatively short order that I've 368 00:19:17,920 --> 00:19:21,720 Speaker 2: seen in our lifetime. If there are politicians willing to 369 00:19:21,760 --> 00:19:23,960 Speaker 2: do it now. I don't think it would come out 370 00:19:23,960 --> 00:19:26,040 Speaker 2: of Congress because you got to have two thirds vote 371 00:19:26,280 --> 00:19:28,800 Speaker 2: in each House of Congress to get a constitutional amendment, 372 00:19:28,840 --> 00:19:31,080 Speaker 2: and the Democrats would never do this. So you'd have 373 00:19:31,160 --> 00:19:34,440 Speaker 2: to have a constitutional convention limited to this single issue 374 00:19:35,040 --> 00:19:38,800 Speaker 2: and thirty four states to call that constitutional convention of 375 00:19:38,880 --> 00:19:41,119 Speaker 2: state legislatures, and I think you could get that, and 376 00:19:41,119 --> 00:19:45,159 Speaker 2: then they then propose then they propose an amendment that 377 00:19:45,200 --> 00:19:48,480 Speaker 2: would fix the Supreme Court's wrong decision. In my view, 378 00:19:49,359 --> 00:19:53,000 Speaker 2: then you need thirty eight states to ratify that amendment, 379 00:19:53,000 --> 00:19:54,520 Speaker 2: and I think they would get that as well. 380 00:19:54,760 --> 00:19:56,600 Speaker 1: Yeah, no, I agree with you. There are many more 381 00:19:56,640 --> 00:19:58,679 Speaker 1: red states than blue states. Right now. It's John Eastpan, 382 00:19:58,720 --> 00:20:00,760 Speaker 1: former Trump attorney. He is a guy who is in 383 00:20:00,840 --> 00:20:05,240 Speaker 1: the Supreme Court today checking out the verbal arguments. How 384 00:20:05,320 --> 00:20:06,399 Speaker 1: long do you think it will take for us to 385 00:20:06,400 --> 00:20:07,320 Speaker 1: get a result here? 386 00:20:08,800 --> 00:20:11,480 Speaker 2: End of June, last day of the term. I don't 387 00:20:11,480 --> 00:20:13,480 Speaker 2: think there's any way they come out with it earlier 388 00:20:13,520 --> 00:20:17,360 Speaker 2: than that. Maybe earlier that last week, but I think 389 00:20:17,359 --> 00:20:19,800 Speaker 2: this is a last day type of case that comes out. 390 00:20:20,040 --> 00:20:23,320 Speaker 1: John easpin Legal Defensefund dot com. It's John Eastpin. I'd 391 00:20:23,359 --> 00:20:25,159 Speaker 1: be remiss to not talk to you about twenty twenty. 392 00:20:25,920 --> 00:20:28,480 Speaker 1: The way I see it, John, is that the vice 393 00:20:28,520 --> 00:20:32,520 Speaker 1: president had the right to not open the electors, yet 394 00:20:32,760 --> 00:20:34,600 Speaker 1: he had the right to listen with the president said 395 00:20:34,600 --> 00:20:36,720 Speaker 1: and say, let's make sure we have the right electors 396 00:20:37,000 --> 00:20:40,200 Speaker 1: before we certify anything today January sixth, and that Ryan 397 00:20:40,280 --> 00:20:43,080 Speaker 1: the Mayhem, of course, forced everybody's hands to say, yeah, 398 00:20:43,160 --> 00:20:45,800 Speaker 1: let's just certify, because God forbid we should have this happen. 399 00:20:46,160 --> 00:20:48,200 Speaker 1: But all that, let's put all that aside for a second. 400 00:20:48,280 --> 00:20:51,280 Speaker 1: Does the vice president have the right to say, I 401 00:20:51,359 --> 00:20:53,119 Speaker 1: am not in a position to open this because there 402 00:20:53,160 --> 00:20:56,200 Speaker 1: are too many questions in Pennsylvania, in Florida, not Florida, 403 00:20:56,200 --> 00:20:59,639 Speaker 1: but Pennsylvania, Arizona, Wisconsin, Michigan. There are too many questions 404 00:20:59,680 --> 00:21:02,040 Speaker 1: out there about what happened in this election. We will 405 00:21:02,080 --> 00:21:04,880 Speaker 1: certify when we're sure we have the right electors. Doesn't he, 406 00:21:05,880 --> 00:21:07,840 Speaker 1: by his authority as the President of the Senate have 407 00:21:07,920 --> 00:21:08,280 Speaker 1: that right. 408 00:21:09,800 --> 00:21:12,080 Speaker 2: I believe he does, although that's one of the reasons 409 00:21:12,080 --> 00:21:15,239 Speaker 2: I've been criminally prosecuted in Georgia and Arizona because I 410 00:21:15,280 --> 00:21:18,960 Speaker 2: had advocated for that position, and it's one of the 411 00:21:19,040 --> 00:21:23,240 Speaker 2: reasons the California bar is trying to disbarm me. I 412 00:21:23,280 --> 00:21:25,359 Speaker 2: think he has that order, and the language of the 413 00:21:25,920 --> 00:21:28,639 Speaker 2: relevant language of the Constitution says the Vice President shall 414 00:21:28,720 --> 00:21:31,760 Speaker 2: open all the ballots in the presence of the House 415 00:21:31,800 --> 00:21:34,240 Speaker 2: and Senate, and then they shall be counted. And in 416 00:21:34,359 --> 00:21:36,720 Speaker 2: the presence of the House and Senate pretty clearly means 417 00:21:36,720 --> 00:21:39,520 Speaker 2: there to be there to be observers that the check 418 00:21:39,600 --> 00:21:43,479 Speaker 2: on the vice president abusing his power to open and 419 00:21:43,640 --> 00:21:50,119 Speaker 2: count and necessarily to make decisions about contested and potentially 420 00:21:50,160 --> 00:21:53,960 Speaker 2: illegal cast votes. They were just to be present to 421 00:21:54,080 --> 00:21:57,359 Speaker 2: observe so that the power wouldn't be abused. But you 422 00:21:57,440 --> 00:22:00,400 Speaker 2: had hundreds of state legislators, including the President pro tem 423 00:22:00,480 --> 00:22:04,720 Speaker 2: of the Pennsylvania Senate, not a big advocate of President Trump, 424 00:22:04,720 --> 00:22:09,360 Speaker 2: he was kind of anti Trump, not as violently as 425 00:22:09,359 --> 00:22:11,920 Speaker 2: some others, but had been and he sent a letter 426 00:22:11,960 --> 00:22:14,800 Speaker 2: to pens and said, signed by almost every Republican in 427 00:22:14,840 --> 00:22:18,240 Speaker 2: the state Senate, said there were so many illegalities in 428 00:22:18,280 --> 00:22:22,359 Speaker 2: our election, in violation of our constitutional authority as a 429 00:22:22,440 --> 00:22:25,879 Speaker 2: legislator to set the rules, that this election should not 430 00:22:25,960 --> 00:22:29,040 Speaker 2: have been certified, and we need some time to assess 431 00:22:29,080 --> 00:22:32,760 Speaker 2: the impact of that illegality. There were letters like that 432 00:22:32,840 --> 00:22:36,960 Speaker 2: from Georgia, from Arizona, from Michigan and Wisconsin saying exactly 433 00:22:37,000 --> 00:22:41,120 Speaker 2: the same thing, and everybody saw it. Everybody saw the illegality, 434 00:22:41,160 --> 00:22:44,040 Speaker 2: the playing games, the fact that there were more ballots 435 00:22:44,040 --> 00:22:47,320 Speaker 2: in Pennsylvania cast and counted than there are voters as 436 00:22:47,359 --> 00:22:49,920 Speaker 2: recording as have voted, that there were three hundred and 437 00:22:49,920 --> 00:22:52,399 Speaker 2: fifty thousand ballots down in Georgia. They don't have a 438 00:22:52,440 --> 00:22:56,200 Speaker 2: chain of custody. That the recount came in Fulton County, 439 00:22:56,240 --> 00:22:59,720 Speaker 2: came up seventeen thousand, eight hundred something short, and they 440 00:22:59,800 --> 00:23:03,960 Speaker 2: just automatic overnight in a closet found eighteen one thousand 441 00:23:04,000 --> 00:23:06,800 Speaker 2: missing ballots. I mean, give me a freaking break. Yeah, 442 00:23:06,800 --> 00:23:09,480 Speaker 2: and so it should have been investigated no matter what 443 00:23:09,600 --> 00:23:12,439 Speaker 2: the ultimate outcome was. So the American people had some 444 00:23:12,720 --> 00:23:17,119 Speaker 2: confidence that the election actually produced the true renter. However, 445 00:23:17,160 --> 00:23:20,600 Speaker 2: the chips fell. We never got that, and now so 446 00:23:20,680 --> 00:23:23,560 Speaker 2: many half the country still thinks that the election was stolen. 447 00:23:24,119 --> 00:23:26,920 Speaker 1: You know, it's amazing because every single time some leftists 448 00:23:26,920 --> 00:23:28,800 Speaker 1: gets somebody in front of them in a hearing in 449 00:23:28,840 --> 00:23:31,679 Speaker 1: the senator of the House, they first say, do you 450 00:23:31,760 --> 00:23:35,000 Speaker 1: believe that Joe Biden won the twenty twenty election? And 451 00:23:35,040 --> 00:23:36,800 Speaker 1: the answer by the person, if there's somebody who is 452 00:23:36,800 --> 00:23:39,720 Speaker 1: supportive of actually being able to question an election, we'll 453 00:23:39,800 --> 00:23:42,960 Speaker 1: say Joe Biden was inaugurated and he took office as 454 00:23:43,000 --> 00:23:45,200 Speaker 1: the president, so he was the president. But they want 455 00:23:45,280 --> 00:23:47,280 Speaker 1: them to say I don't think he won, as if 456 00:23:47,280 --> 00:23:50,480 Speaker 1: they got him somehow. John, the fact is constitutionally and 457 00:23:50,480 --> 00:23:53,359 Speaker 1: correct me if I'm wrong, you're the expert. I'm not. Constitutionally, 458 00:23:53,400 --> 00:23:55,040 Speaker 1: I have the right as an American to question the 459 00:23:55,080 --> 00:23:57,360 Speaker 1: outcome of an election, period, end of story. You don't 460 00:23:57,359 --> 00:24:00,000 Speaker 1: get to squelched me on censor me on social media. 461 00:24:00,080 --> 00:24:02,280 Speaker 1: You don't get to arrest me and indict me. I'm 462 00:24:02,280 --> 00:24:04,760 Speaker 1: allowed to say I'm not so sure that election result 463 00:24:05,119 --> 00:24:08,480 Speaker 1: was the right result. I'm allowed to say that. And also, constitutionally, 464 00:24:08,520 --> 00:24:11,360 Speaker 1: the states that you mentioned, all of them cheated and 465 00:24:11,440 --> 00:24:15,440 Speaker 1: lied because in the constitution, state legislatures that's the only 466 00:24:15,520 --> 00:24:18,119 Speaker 1: body that is able to change how a general election 467 00:24:18,200 --> 00:24:21,480 Speaker 1: is prosecuted in that state. Attorney's general can't do it. 468 00:24:21,520 --> 00:24:24,000 Speaker 1: Lieutenant governors can't do it. Governors can't do it, Secretaries 469 00:24:24,000 --> 00:24:26,159 Speaker 1: of state can't do it. And in all those cases 470 00:24:26,160 --> 00:24:29,159 Speaker 1: that you mentioned, those rules were changed by entities. They 471 00:24:29,160 --> 00:24:31,080 Speaker 1: didn't have the right to change it. So what's the 472 00:24:31,119 --> 00:24:33,720 Speaker 1: problem with you with you challenging that? And how dare 473 00:24:33,760 --> 00:24:36,000 Speaker 1: they indict you and Rudy and the president and everybody 474 00:24:36,040 --> 00:24:38,840 Speaker 1: else when you just did constitutionally what you were allowed 475 00:24:38,880 --> 00:24:39,120 Speaker 1: to do. 476 00:24:40,640 --> 00:24:43,119 Speaker 2: Well, it's called the right to petition the government for 477 00:24:43,160 --> 00:24:46,320 Speaker 2: redress of grievances. That's one of the central issues in 478 00:24:46,480 --> 00:24:49,480 Speaker 2: on appeal in my California bar case. And if the 479 00:24:49,520 --> 00:24:54,400 Speaker 2: California Supreme Court rules against me and adopts the recommendation 480 00:24:54,480 --> 00:24:57,280 Speaker 2: of disbarment, we will be taking that issue to the 481 00:24:57,359 --> 00:24:59,760 Speaker 2: US Supreme Court because I think it is a fundamental 482 00:25:00,000 --> 00:25:03,880 Speaker 2: constitutional right that is being infringed here. And you know, 483 00:25:03,960 --> 00:25:07,480 Speaker 2: and what they're doing is not only criminally indicting people 484 00:25:07,520 --> 00:25:11,439 Speaker 2: for exercising that constitutional right, but threatening their livelihoods by 485 00:25:11,520 --> 00:25:16,240 Speaker 2: loss of license. Imagine if the Federal Communications Commission decided 486 00:25:16,280 --> 00:25:19,800 Speaker 2: to revoke your broadcast license because you continue to raise 487 00:25:19,880 --> 00:25:23,560 Speaker 2: questions about the twenty twenty election. But there's another problem here, 488 00:25:23,560 --> 00:25:26,560 Speaker 2: and that is it's one sided. I mean, Hillary Clinton 489 00:25:26,600 --> 00:25:29,640 Speaker 2: to this day continues to say Trump was illegally elected 490 00:25:29,920 --> 00:25:33,919 Speaker 2: in twenty sixteen. You know, Al Gore and most of 491 00:25:33,960 --> 00:25:39,000 Speaker 2: the left continue to say that George Bush was selected, 492 00:25:39,080 --> 00:25:43,440 Speaker 2: not elected in two thousand. You know, they all continue 493 00:25:43,440 --> 00:25:46,840 Speaker 2: to challenge the election. They say that, and there's you know, 494 00:25:46,920 --> 00:25:50,320 Speaker 2: there was a challenge in two thousand and four, completely 495 00:25:50,359 --> 00:25:54,960 Speaker 2: frivolous lawsuit filed in Ohio because Ohio was enough electoral 496 00:25:55,040 --> 00:25:57,320 Speaker 2: votes that they could have turned the election. So they 497 00:25:57,359 --> 00:26:00,560 Speaker 2: just threw everything they could. It was frivolous. But instead 498 00:26:00,560 --> 00:26:03,040 Speaker 2: of sanctioning the lawyers that brought that for this thing, 499 00:26:03,280 --> 00:26:06,520 Speaker 2: the court said, look, you know, election challenges are are 500 00:26:07,080 --> 00:26:10,760 Speaker 2: you know, intensely emotional. Their short term we're not going 501 00:26:10,840 --> 00:26:13,639 Speaker 2: to sanction lawyers for trying to bring a case to 502 00:26:13,720 --> 00:26:17,000 Speaker 2: defend their clients. And yet when the shoes on the 503 00:26:17,040 --> 00:26:19,400 Speaker 2: other foot, like it has been after twenty twenty, they 504 00:26:19,400 --> 00:26:22,679 Speaker 2: throw everything they've got at us. It's a weaponization the 505 00:26:22,760 --> 00:26:25,359 Speaker 2: likes of which we've never seen before. There's a whole 506 00:26:25,400 --> 00:26:27,560 Speaker 2: movie about it, if people want to watch it, called 507 00:26:28,000 --> 00:26:31,720 Speaker 2: The Eastman Dilemma, Lawfare or Justice. It is still available 508 00:26:31,760 --> 00:26:36,200 Speaker 2: for free streaming at Madisonmediafund dot org. I invite people 509 00:26:36,200 --> 00:26:37,760 Speaker 2: to watch it, and if they've got a big group 510 00:26:37,800 --> 00:26:40,560 Speaker 2: they want to show it, to contact me and I'll 511 00:26:40,640 --> 00:26:42,800 Speaker 2: zoom in on a zoom call and take questions and 512 00:26:42,840 --> 00:26:43,679 Speaker 2: answers after it. 513 00:26:44,000 --> 00:26:46,880 Speaker 1: Now, that would be amazing. Madison Mediafund dot org. 514 00:26:48,640 --> 00:26:51,400 Speaker 2: Madisonmediafund dot org. I think it's dot org. It might 515 00:26:51,440 --> 00:26:51,879 Speaker 2: be dot com. 516 00:26:52,119 --> 00:26:53,760 Speaker 1: Well we'll check it out or yeah, we'll make sure 517 00:26:53,760 --> 00:26:55,800 Speaker 1: we get the right one. Also go to Johnny'spenlegal Defense 518 00:26:55,880 --> 00:27:00,080 Speaker 1: Fund dot com. A couple of things on twenty twenty. 519 00:27:00,119 --> 00:27:02,399 Speaker 1: The way Hillary Clinton to this day thinks that she 520 00:27:02,520 --> 00:27:04,879 Speaker 1: really won the election and they lied about Russia collusion 521 00:27:04,920 --> 00:27:07,239 Speaker 1: and everything else. And you're allowed to say that if 522 00:27:07,240 --> 00:27:08,800 Speaker 1: you're on the left. In fact, John, and I love 523 00:27:08,800 --> 00:27:12,480 Speaker 1: your comment on this. Already months before the November election, 524 00:27:12,680 --> 00:27:14,760 Speaker 1: you've got people on the left, the progressive left, who 525 00:27:14,760 --> 00:27:17,240 Speaker 1: are lining up to any microphone and any camera they 526 00:27:17,280 --> 00:27:20,320 Speaker 1: can find to say Donald Trump, through the Save America Act, 527 00:27:20,400 --> 00:27:22,919 Speaker 1: is trying to steal the midterm elections. You what are 528 00:27:22,920 --> 00:27:24,720 Speaker 1: your thoughts on that. I guess you could say it preemptively, 529 00:27:24,920 --> 00:27:26,280 Speaker 1: but you can't say it after the election. 530 00:27:28,080 --> 00:27:33,680 Speaker 2: Well, they're saying that because of this false narrative that 531 00:27:33,720 --> 00:27:36,600 Speaker 2: the Save America Act will suppress the votes of anti 532 00:27:36,640 --> 00:27:40,119 Speaker 2: Trump voters. What it will do is suppress the vote 533 00:27:40,160 --> 00:27:43,800 Speaker 2: of illegal anti Trump voters. If you've got to prove 534 00:27:43,840 --> 00:27:48,200 Speaker 2: citizenship and you're not saying I think Chuck Schumer said 535 00:27:48,200 --> 00:27:50,919 Speaker 2: this is going to disenfranchise tens of millions of people. 536 00:27:51,119 --> 00:27:53,720 Speaker 2: Are you reading tens of millions of people? Aren't citizens 537 00:27:53,720 --> 00:27:57,159 Speaker 2: that are already voting? You know, why would you be 538 00:27:57,280 --> 00:27:59,480 Speaker 2: so afraid that you got to show ID to make 539 00:27:59,520 --> 00:28:02,359 Speaker 2: sure you are who you say you are. You know, 540 00:28:02,440 --> 00:28:04,359 Speaker 2: almost all the rest of the countries in the world 541 00:28:04,359 --> 00:28:06,719 Speaker 2: that have elections, you got to show your vote, your 542 00:28:06,720 --> 00:28:09,439 Speaker 2: photo ID to say that you know whoever's showing up 543 00:28:09,440 --> 00:28:11,439 Speaker 2: to vote is who they say they are. And the 544 00:28:11,560 --> 00:28:15,040 Speaker 2: notion that that's that that's somehow an imposition, or that 545 00:28:15,119 --> 00:28:18,280 Speaker 2: women who get married and change their name can't figure 546 00:28:18,280 --> 00:28:20,240 Speaker 2: out how to get an ID with their right name 547 00:28:20,280 --> 00:28:22,200 Speaker 2: on it, I mean, give me a break. I mean, 548 00:28:22,960 --> 00:28:25,840 Speaker 2: you know, women, every woman that changes their name when 549 00:28:25,840 --> 00:28:28,520 Speaker 2: they get married has already figured out how to handle this. 550 00:28:28,680 --> 00:28:31,080 Speaker 2: It's not a problem. It takes a little bit of effort, 551 00:28:31,240 --> 00:28:33,600 Speaker 2: but only a little bit. And the notion that women 552 00:28:33,640 --> 00:28:36,760 Speaker 2: are too stupid to figure that out is quite frankly offensive. 553 00:28:37,200 --> 00:28:38,960 Speaker 1: It is. I've got five daughters and a wife, and 554 00:28:39,000 --> 00:28:41,360 Speaker 1: a mother and three sisters, so I mean it is offensive. 555 00:28:41,480 --> 00:28:43,640 Speaker 1: It's Johnny's been go to Johnny's Been Legal Defense Fund 556 00:28:43,760 --> 00:28:45,840 Speaker 1: dot com. Why do you think that they're on the 557 00:28:45,840 --> 00:28:49,200 Speaker 1: wrong side of this eighty five fifteen story John Nutt. 558 00:28:49,200 --> 00:28:51,520 Speaker 1: When it came to men playing in women's sports, that 559 00:28:51,600 --> 00:28:53,640 Speaker 1: was also eighty twenty, and the left came up all 560 00:28:53,680 --> 00:28:56,120 Speaker 1: wet on that, and thankfully the rules are changing to 561 00:28:56,120 --> 00:28:59,400 Speaker 1: where men cannot infiltrate women's sports or women's spaces. But 562 00:28:59,440 --> 00:29:01,480 Speaker 1: when it comes to this one, what is what is 563 00:29:01,520 --> 00:29:06,080 Speaker 1: the as a good lawyer and I as a debater. 564 00:29:06,280 --> 00:29:08,480 Speaker 1: You have to know the other side very well. What 565 00:29:08,640 --> 00:29:11,440 Speaker 1: is their point? They can't really think women, Latinos and 566 00:29:11,480 --> 00:29:14,360 Speaker 1: blacks are stupid. What is their point? They're desperate to 567 00:29:14,400 --> 00:29:15,440 Speaker 1: keep the illegals voting. 568 00:29:17,120 --> 00:29:19,560 Speaker 2: Well, I think that's right there. I think there are 569 00:29:19,600 --> 00:29:23,600 Speaker 2: two issues. One, they know that the that people not 570 00:29:24,200 --> 00:29:26,760 Speaker 2: legally allowed to vote have been voting. That's why they 571 00:29:26,760 --> 00:29:29,360 Speaker 2: refuse to clean up their voter roles. You've got a 572 00:29:29,400 --> 00:29:34,080 Speaker 2: cash of dead people or moved people or illegal people 573 00:29:34,480 --> 00:29:38,520 Speaker 2: on the voter rolls that that fraudsters could then use 574 00:29:38,560 --> 00:29:41,040 Speaker 2: and say I'm I'm that name, and I can vote, 575 00:29:41,120 --> 00:29:42,800 Speaker 2: and if I don't have to have a photo, I 576 00:29:42,880 --> 00:29:45,560 Speaker 2: d I'm able to use John Smith even though I'm 577 00:29:45,560 --> 00:29:48,040 Speaker 2: not John Smith because he's on the voter rolls and 578 00:29:48,080 --> 00:29:50,520 Speaker 2: we know he's not voting because he's long dead. So 579 00:29:50,560 --> 00:29:53,160 Speaker 2: I don't have any risk of being caught with this thing. 580 00:29:53,400 --> 00:29:57,720 Speaker 2: So that's one. The second thing is their radical Marxist left, 581 00:29:57,840 --> 00:30:01,360 Speaker 2: his base demands it, and and none of them, none 582 00:30:01,360 --> 00:30:05,760 Speaker 2: of them have enough spine to stand up to that radical, 583 00:30:06,560 --> 00:30:09,520 Speaker 2: idiotic base. And so the base is demanding it and 584 00:30:09,600 --> 00:30:11,800 Speaker 2: they and they fall in line like a bunch of sheep. 585 00:30:12,080 --> 00:30:14,840 Speaker 2: So it's a combination of protecting the fraud that they 586 00:30:14,880 --> 00:30:17,360 Speaker 2: know is going on and not wanting to stand up 587 00:30:17,400 --> 00:30:18,920 Speaker 2: to their radical Marxist bace. 588 00:30:19,440 --> 00:30:21,720 Speaker 1: It is h John Eyaspin go to Johnnyspin Legal Defense 589 00:30:21,760 --> 00:30:24,360 Speaker 1: Fund dot com. Last question, John, and I appreciate the time. 590 00:30:24,560 --> 00:30:26,680 Speaker 1: Hopefully you'll come back on and do this again with 591 00:30:26,720 --> 00:30:29,240 Speaker 1: me when it comes to your case specifically. Clearly, you 592 00:30:29,280 --> 00:30:32,360 Speaker 1: and I just talked about why constitutionally it is righteous 593 00:30:32,440 --> 00:30:35,520 Speaker 1: to challenge the government, bring redress, to challenge an election. 594 00:30:35,680 --> 00:30:38,400 Speaker 1: It's righteous to say these states all change their election 595 00:30:38,880 --> 00:30:42,280 Speaker 1: rules illegally. Sixty one cases you guys tried to bring 596 00:30:42,560 --> 00:30:44,400 Speaker 1: and no judge would even take the case. There are 597 00:30:44,520 --> 00:30:46,760 Speaker 1: liars on the left saying you lost every case. Now 598 00:30:46,760 --> 00:30:49,880 Speaker 1: they were just never heard, which is ridiculous. What is 599 00:30:49,920 --> 00:30:53,800 Speaker 1: the final disposition dispensation going to be on your case 600 00:30:54,120 --> 00:30:56,360 Speaker 1: as far as you being disbarred and kicked out of 601 00:30:56,360 --> 00:30:58,840 Speaker 1: a you know, a Chaptman university and everything else. I 602 00:30:58,880 --> 00:31:01,280 Speaker 1: hope that you come out on top up. Where are 603 00:31:01,280 --> 00:31:04,520 Speaker 1: those cases and when will we find out the result? 604 00:31:05,440 --> 00:31:11,440 Speaker 2: So I've been in nineteen different cases now from Rhode 605 00:31:11,440 --> 00:31:16,760 Speaker 2: Island to Arizona to California. We're down to the last two. 606 00:31:17,600 --> 00:31:22,400 Speaker 2: The Georgia criminal charges were dismissed. The unindicted co conspirator 607 00:31:22,480 --> 00:31:25,400 Speaker 2: charges in the case Jack Smith brought against President Trump 608 00:31:25,400 --> 00:31:29,360 Speaker 2: and DC was dismissed. We're likely to get attorney's fees 609 00:31:29,400 --> 00:31:31,720 Speaker 2: out of Georgia because of a new statue down there. 610 00:31:32,040 --> 00:31:34,680 Speaker 2: Arizona is still pending, but it's on life support. The 611 00:31:34,720 --> 00:31:38,240 Speaker 2: Attorney General is likely to lose her current appeal to 612 00:31:38,280 --> 00:31:41,320 Speaker 2: the Arizona Supreme Court, and hopefully that case goes away. 613 00:31:41,720 --> 00:31:44,120 Speaker 2: And then we're pending before the California Supreme Court on 614 00:31:44,200 --> 00:31:47,880 Speaker 2: the California bar matter and whether they rule in my favor. 615 00:31:47,920 --> 00:31:49,920 Speaker 2: If they rule in my favor, I think that ends it. 616 00:31:50,160 --> 00:31:52,000 Speaker 2: If they rule against me, we go to the US 617 00:31:52,040 --> 00:31:54,520 Speaker 2: Supreme Court, and I think I've got a fair shot 618 00:31:54,760 --> 00:31:56,719 Speaker 2: at getting the US Supreme Court to take this up 619 00:31:56,720 --> 00:31:59,800 Speaker 2: because of the significant First Amendment issues involved. But those 620 00:31:59,800 --> 00:32:01,880 Speaker 2: are the last two. I've already spent more than two 621 00:32:01,880 --> 00:32:05,960 Speaker 2: million dollars dealing with this. But that's part of the goal. 622 00:32:06,040 --> 00:32:09,320 Speaker 2: The process is the punishment. And they've actually said, the 623 00:32:09,360 --> 00:32:11,520 Speaker 2: groups on the left have actually said, our goal is 624 00:32:11,560 --> 00:32:14,000 Speaker 2: not just to get him dismarred, but to make him 625 00:32:14,040 --> 00:32:17,160 Speaker 2: so toxic that other lawyers won't ever take on these 626 00:32:17,240 --> 00:32:21,320 Speaker 2: kind of challenges again. They're trying to threaten lawyer's livelihoods 627 00:32:21,320 --> 00:32:24,240 Speaker 2: for daring to stand up to the left's narratives, even 628 00:32:24,240 --> 00:32:27,480 Speaker 2: though the narratives are patently false, because if you don't 629 00:32:27,480 --> 00:32:29,760 Speaker 2: stand up to it, those narratives start to take on 630 00:32:29,800 --> 00:32:32,000 Speaker 2: the patent of truth. It's the big lie. If they 631 00:32:32,040 --> 00:32:35,200 Speaker 2: repeat it often enough, this false narrative that the election 632 00:32:35,360 --> 00:32:37,480 Speaker 2: in twenty twenty was the most secure in our inn 633 00:32:37,480 --> 00:32:40,840 Speaker 2: Asian's history. I mean, that's just laughably false. But if 634 00:32:40,840 --> 00:32:42,960 Speaker 2: they repeat it often enough and they scare the but 635 00:32:43,080 --> 00:32:45,760 Speaker 2: Jesus of everybody out who dares to say that the 636 00:32:45,840 --> 00:32:48,440 Speaker 2: king has no clothes or the emperor has no clothes, 637 00:32:48,800 --> 00:32:52,000 Speaker 2: then everybody will stop challenging it, and then it'll become true, 638 00:32:52,200 --> 00:32:54,680 Speaker 2: or at least it'll look like it's become true. And 639 00:32:54,720 --> 00:32:57,720 Speaker 2: that's why I stand up despite all the crap that's 640 00:32:57,720 --> 00:32:58,560 Speaker 2: being thrown at me. 641 00:32:58,680 --> 00:33:00,360 Speaker 1: I love you, I love your back vote. I love 642 00:33:00,400 --> 00:33:02,200 Speaker 1: that you're going to stick to this, and I hope 643 00:33:02,200 --> 00:33:04,920 Speaker 1: that you get the right result because going forward, as 644 00:33:04,920 --> 00:33:06,800 Speaker 1: you said, they tried to bleed you dry, and hopefully 645 00:33:06,800 --> 00:33:09,280 Speaker 1: people will go to John He'spenlegal Defense Fund dot com 646 00:33:09,320 --> 00:33:11,200 Speaker 1: and help out there. But they also try to stop 647 00:33:11,240 --> 00:33:14,200 Speaker 1: anybody else after you from ever taking these cases on, 648 00:33:14,240 --> 00:33:16,720 Speaker 1: and these cases are important. John, THANKSI Milion for coming on. 649 00:33:16,760 --> 00:33:18,000 Speaker 1: Hopefully we can do it again soon. 650 00:33:19,560 --> 00:33:21,080 Speaker 2: Thank you very much, Joe, my pleasure. 651 00:33:21,160 --> 00:33:22,959 Speaker 1: Really appreciate it. All right, that's it for this one. 652 00:33:23,000 --> 00:33:25,560 Speaker 1: We're back with another, Unshaken and Unafraid with Joe PAGs 653 00:33:25,800 --> 00:33:27,360 Speaker 1: very soon. Make sure you subscribe