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Speaker 1: So the Supreme Court met yesterday in a case about

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Speaker 1: what authority does the president have.

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Speaker 2: Tony Katz, Tony kats today, good to be with you.

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Speaker 1: Find everything over at Tony Katz dot com. Appreciate you

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Speaker 1: heading over there checking everything out. And it's a question

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Speaker 1: whether or not the president can fire people who run agencies.

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Speaker 1: What we have allowed to happen with agencies is basically

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Speaker 1: creating a fourth branch of government where these agencies are created.

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Speaker 2: They get these budgets.

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Speaker 1: They are unaccountable, and there's deference to their decision. They

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Speaker 1: can come up with the rule, and the rule has

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Speaker 1: the full effective law. But these people were never voted

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Speaker 1: in and they exist regardless of who's been elected. It's

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Speaker 1: a real problem and there had been for a long

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Speaker 1: time the concept of something a Supreme Court case called

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Speaker 1: Chevron and it was known as Chevron deference. And it's

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Speaker 1: the idea that if an agency made a decision, that

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Speaker 1: the duly elected representatives should yield to that position, and

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Speaker 1: the courts really should yield to that position because they're

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Speaker 1: the experts. The legislative branch could still create laws and

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Speaker 1: then the agency would have to.

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Speaker 2: Follow the wall.

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Speaker 1: But the agency can make a lot of decisions outside

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Speaker 1: of laws created, and everyone should defer to that, and

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Speaker 1: the court should deffer to that.

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Speaker 2: That is terrible, and that was overturned. And I am overjoyed.

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Speaker 1: And members of Congress were very upset about this, because, well,

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Speaker 1: it means I'll have more work to do, because it's

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Speaker 1: up to them to the side. Yes, correct, accurate, are

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Speaker 1: duly elected representatives.

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Speaker 2: We have too many agencies as it is.

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Speaker 1: Well, what happened a situation where the president now elected,

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Speaker 1: wants to fire some people run the agencies because he

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Speaker 1: wants the agencies to do something different.

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Speaker 2: The argument is, well, you can't do that. What do

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Speaker 2: you mean I can't do that.

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Speaker 1: This brings us to the case of Rebecca Slaughter FTC

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Speaker 1: Federal Trade Commission Commissioner, who was fired by Trump, and

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Speaker 1: her argument is, whoaaho, you don't get to fire me

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Speaker 1: where I'm part of an agency.

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Speaker 2: You don't have that power.

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Speaker 1: At that moment, everyone goes whoa, whoa, whoa whoa. The

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Speaker 1: president doesn't have the power to fire. I can remember

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Speaker 1: this conversation going back to George W.

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Speaker 2: Bush and the Attorney General at the time.

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Speaker 1: Alberto Gonzalez, where they fired a bunch of lawyers in

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Speaker 1: the AG's office, and what they were told is you

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Speaker 1: can't fire those people. It sounded very much like, hey, mongo,

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Speaker 1: you can't park that horse over there, and then bam,

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Speaker 1: the president can fire anybody the president chooses at any time.

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Speaker 2: What a nutty thing to think.

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Speaker 1: Otherwise, the DOJ is part of the executive branch. End

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Speaker 1: of discussion, it's a very weird thing for people to say,

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Speaker 1: you can't fire these people. Somehow, if you work in

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Speaker 1: the federal government, you have a job for life.

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Speaker 2: You have a job for life. That's nuts.

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Speaker 1: So now comes this conversation about whether or not the

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Speaker 1: President of the United States, Donald Trump, can hire the

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Speaker 1: fire the heads of independent agencies. Now there's a whole

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Speaker 1: feeling that maybe you can and maybe you can't. And

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Speaker 1: there's a precedent that's referred to as Humphreys executor. I

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Speaker 1: am not a Supreme Court expert, but I'm trying to

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Speaker 1: do some studying. And what it does is that it

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Speaker 1: would limit the power of the president the fire members

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Speaker 1: of independent commissions.

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Speaker 2: However, this decision, this precedent has been slowly.

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Speaker 1: Chipped away at bit by bit and beast by peace

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Speaker 1: over the years. Over the decades, So it has people

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Speaker 1: like the Chief Justice John Roberts saying that Humphrey's executor

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Speaker 1: is really nothing more than a.

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Speaker 2: Quote dried husk.

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Speaker 1: So maybe they're looking for a reason to get rid

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Speaker 1: of it, or maybe, as oft times the Court does,

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Speaker 1: what they're really looking for is a way to make

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Speaker 1: subtle changes without making large scale changes. Kaitanji Brown Jackson,

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Speaker 1: Supreme Court justice, has been an embarrassment since she joined

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Speaker 1: the Court. I don't care that she knows more about

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Speaker 1: the law than me. She doesn't know enough to be

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Speaker 1: a Supreme Court justice. She acts on emotion, not data.

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Speaker 1: She is embarrassing. This was her yesterday in the discussion

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Speaker 1: of this case.

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Speaker 3: Some issues, some matter, some areas should be handled in

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Speaker 3: this way by nonpartisan experts. That Congress is saying that

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Speaker 3: expertise matters with respect to aspects of the economy and

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Speaker 3: transportation and the various independent agencies that we have. So

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Speaker 3: having a president come in and fire all the scientists

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Speaker 3: and the doctors and the economists and the PhDs and

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Speaker 3: replacing them with loyalists and people who don't know anything

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Speaker 3: is actually not in the best interest of the citizens

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Speaker 3: of the United States.

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Speaker 1: Is this your legal opinion or is this just your

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Speaker 1: I'm sitting in my living room screaming at CNN opinion

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Speaker 1: because it sounds like the latter those who were fired.

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Speaker 1: For example, if he had actually fired Anthony Fauci, that

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Speaker 1: had been the right thing to do, because Anthony Fauci,

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Speaker 1: for all his so called bona fides, got everything on

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Speaker 1: COVID wrong and lied to America. You don't need a mask.

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Speaker 1: Oh wait, you need a mask. Oh wait, I'll go

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Speaker 1: to a Washington Nationals game and not wear a mask.

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Speaker 1: And what is this argument that somehow we should defer

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Speaker 1: to people who others have decided have an expertise but

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Speaker 1: were never elected. Isn't that exactly what happens when you

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Speaker 1: saw governor say, well, our health commissioner says you can't

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Speaker 1: open your business, So you can't open your business during COVID,

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Speaker 1: you can't go to church.

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Speaker 2: We elect leaders to be leaders.

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Speaker 1: At all times, take in the data points and then

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Speaker 1: make decisions. I didn't elect some doctor who sits on

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Speaker 1: some board to decide whether or not my business.

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Speaker 2: Can be open. But this is the argument.

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Speaker 1: Being made by a Supreme Court justice that some experts

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Speaker 1: should have the power and not the elected president of

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Speaker 1: the United States, these.

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Speaker 3: Issues should not be in presidential control. So can you

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Speaker 3: speak to me about the danger of allowing in these

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Speaker 3: various areas the president to actually control the Transportation Board

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Speaker 3: and potentially the Federal Reserve.

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Speaker 1: And if I never served in the military, and I

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Speaker 1: am elected president of the United States, to which I

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Speaker 1: would be awesome.

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Speaker 2: Do I get to be the commander in chief?

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Speaker 1: I never served? Barack Obama never served. I don't even

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Speaker 1: think that guy ever played with a Gi Joe. Did

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Speaker 1: he get to be commander in chief? What an argument?

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Speaker 1: A nonsensical argument, Katanji Brown Jackson is making. And then,

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Speaker 1: as she does in almost every time she opens her mouth,

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Speaker 1: she'll tell you how she doesn't understand all.

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Speaker 3: These other independent agencies in these particular areas, we would

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Speaker 3: like to have independence. We don't want the president controlling.

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Speaker 3: I guess what I don't understand from your over arching

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Speaker 3: argument is why that determination of Congress, which makes perfect

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Speaker 3: sense given its duty to protect the people of the

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Speaker 3: United States, why that is subjugated to a concern about

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Speaker 3: the president not being able to control everything. I mean,

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Speaker 3: I appreciate there's a conflict between the two.

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Speaker 1: No, there's a conflict between your hate for Donald Trump

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Speaker 1: and rational thought, Justice Brown Jackson. If the president was

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Speaker 1: elected and said here's what we're going to do and

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Speaker 1: there's an agency that he can't replace leadership to get

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Speaker 1: what he wants done done, you think that's okay. That's

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Speaker 1: not a check in balance. That is the people being

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Speaker 1: usurped and not being able to have the full effect

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Speaker 1: of their vote, to not be able to make changes

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Speaker 1: is well. I would argue disenfranchisement, my vote doesn't count.

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Speaker 2: Me area is that the court decided I shouldn't have

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Speaker 2: a say. I'm the voter, I'm the citizen. I gotta

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Speaker 2: say in all of it, keep it here.

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Speaker 1: I'm Tony Katz, and this is Tony Katz today,