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Speaker 1: When they sent National Guard or federal troops into Alabama,

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Speaker 1: did they have to ask Governor George Wallace's permission first?

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Speaker 1: What's going on here.

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Speaker 2: Question?

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Speaker 3: I don't know the answer to that question, and it

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Speaker 3: could be, as I'm trying to think of all the alternatives.

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Speaker 3: I don't know that Kennedy sent in Alabama National Guard.

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Speaker 3: He may have sent in some other state national Guard. Remember,

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Speaker 3: the statute says that whenever, and in this case it's

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Speaker 3: paragraph three, whenever the President is unable with the regular

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Speaker 3: forces to execute the laws of the United States, the

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Speaker 3: President may call into federal service members and units of

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Speaker 3: the National Guard of any state in such numbers as

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Speaker 3: he considers necessary to repel, the execute or to execute

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Speaker 3: those laws. Orders for those purposes shall be issued through

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Speaker 3: the governors of the states, not that state of the states,

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Speaker 3: or in the case of the District, through the Commanding

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Speaker 3: General of the District of Columbia National Guard. So interesting

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Speaker 3: historical questions. I'd never thought about that. I'll now I

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Speaker 3: gotta make a metal note to go look that up,

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Speaker 3: because I can't imagine that George Wallace would have acceded

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Speaker 3: to the deployment of national guards to stop him although

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Speaker 3: you know, he probably wanted the confrontation. So George Wallace

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Speaker 3: wanted that confrontation, so he indeed would have acceded to

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Speaker 3: the President's requests to activate the guard because then he

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Speaker 3: got his photo up, which is what he wanted. But

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Speaker 3: it's a great question. It's a great historical question that

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Speaker 3: I never thought about. Let's go back to the question

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Speaker 3: about Wait a minute, this is as I described an

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Speaker 3: Article three judge, and you have over here the commander

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Speaker 3: in chief under Article two exercising his constitutional discretion. Yes,

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Speaker 3: let me see if I can describe it again, because

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Speaker 3: as I said, I wanted to make a point that

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Speaker 3: I think is crucial to understand. A federal district judge,

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Speaker 3: an Article three judge is evaluating. In other words, they

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Speaker 3: have in front of them, they have a case that

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Speaker 3: involves the discretionary decision making of executive branch of with

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Speaker 3: regard to how they carry out their duties. So when

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Speaker 3: they're making that decision or evaluating the decision making whether

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Speaker 3: it's constitutional or not, that Article three judge has the

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Speaker 3: entire spectrum of judicial authority in play, because under Article three,

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Speaker 3: Congress has established these trial courts, and they have established

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Speaker 3: their jurisdiction, and their jurisdiction is all encompassing. In fact,

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Speaker 3: there's something called which shows you how all encompassing it is.

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Speaker 3: There's something called diversity jurisdiction. So that if.

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Speaker 2: If I have a dispute and.

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Speaker 3: I live in Colorado, and I have a dispute with

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Speaker 3: a friend that lives in Texas, we can bring that

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Speaker 3: law suit in a federal district court in either Colorado

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Speaker 3: or Texas.

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Speaker 2: Now, which were those two applies.

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Speaker 3: Depends on a whole host of circumstances which are not

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Speaker 3: important here, But that's called diversity jurisdiction. So my point

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Speaker 3: is Congress has given them wide discretion to answer these

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Speaker 3: federal questions, in this case a federal question. But here's

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Speaker 3: where I think he gets interesting when a federal district judge,

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Speaker 3: because remember they're a creature statute. They only exist because

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Speaker 3: Congress has given them that position. Congress established the Let's

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Speaker 3: take Colorado for example. Colorado is one federal district. I

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Speaker 3: don't know why I think we should be a couple,

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Speaker 3: but we're one. So we're one district. For example, I

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Speaker 3: think that we ought to have the Colorado District of

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Speaker 3: pretty much kind of front range and then have a

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Speaker 3: federal district court, say somewhere else in well, I don't know,

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Speaker 3: put it in Glynwood Springs or Pueblo, and it would

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Speaker 3: cover the entirety of the state. Now, geographically that might

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Speaker 3: be a little difficult because it's quite a ways from

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Speaker 3: say Lineman to Pueblo or Glenwood Springs, Tweblo's that's quite

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Speaker 3: a hall. But nonetheless, I think population wise, and because

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Speaker 3: the way we're constructed, we ought to be more than

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Speaker 3: one federal district court. But nonetheless we are. When a

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Speaker 3: federal district judge begins to substitute their judgment for that

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Speaker 3: of the judgment of the president, which is the executive branch,

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Speaker 3: which is a constitutional office which has independent authority to

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Speaker 3: interpret the Constitution and independent authority to interpret the statutes

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Speaker 3: passed by Congress, that single functionary of the judicial branch

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Speaker 3: is now navigating and entering the waters of separation of powers.

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Speaker 3: In other words, she's stepping on the authority of the

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Speaker 3: president to make a independent decision about deploying the National Guard,

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Speaker 3: which the statute my Congress has given him the authority

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Speaker 3: to do.

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Speaker 2: So.

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Speaker 3: To put it in very general Layman's terms, what she

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Speaker 3: ought to be doing. On looking at is not whether

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Speaker 3: she likes what he's doing, whether she thinks what he's

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Speaker 3: doing is necessary or not, but simply does that statute

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Speaker 3: does Section twelve four oh six of Title ten authorize

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Speaker 3: the president to do what he's doing. And that section

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Speaker 3: says that, Now, remember, there are three instances. We're being invaded,

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Speaker 3: we're in danger of invasion by a foreign nation, or

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Speaker 3: there is a rebellion or the danger of a rebellion

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Speaker 3: against the authority of the United States, which could be

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Speaker 3: foreign or domestic. Suddenly, let's just say the Proud Boys

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Speaker 3: have garnered her. You know, they now have five million members,

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Speaker 3: and they're starting an uprising, a rebellion against They have

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Speaker 3: decided that they are going to rebel against the United States. Well,

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Speaker 3: then clause two of section twelve four h six that

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Speaker 3: might come into play, But neither one of those are

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Speaker 3: in play here. Wats in play here is simply section three.

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Speaker 3: Whenever the President is unable with the regular forces to

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Speaker 3: execute the laws of the United States, he can't. He

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Speaker 3: may call into federal service members and units of the

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Speaker 3: National Guard of any state in such numbers as he

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Speaker 3: considers necessary to repel or to execute those laws, and

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Speaker 3: the orders for those have to be issued through the

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Speaker 3: governors of the state. I don't know this for a fact,

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Speaker 3: but I think I heard yesterday when I was doing

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Speaker 3: show prep that Greg Abbott had offered the Texas National

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Speaker 3: Guard to go to Oregon, which happens lots of times.

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Speaker 3: National Guards will go to other states. So Abbot has said, hey,

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Speaker 3: if you want to send me the order, then I'll

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Speaker 3: activate us. And if let's go back to the George

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Speaker 3: Wallace example. And again, we don't know the historical facts.

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Speaker 3: At least I don't know the historical facts. I'm very

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Speaker 3: curious about them, but I don't know them right now.

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Speaker 3: If Kennedy's going to send him the National Guard, although

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Speaker 3: I think he actually sent in federal troops. But again,

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Speaker 3: isn't it interesting how we kind of know generally that, oh,

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Speaker 3: Kennedy sent troops in to enforce the segregate the the

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Speaker 3: laws against segregation. I thought he sent regular troops, which

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Speaker 3: he may have. But if he sent National Guard, Walls

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Speaker 3: could have given approval approval for that because politically he

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Speaker 3: thought it would be to his advantage. Or he could

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Speaker 3: have sent the Guard from a neighboring state or he

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Speaker 3: could have sent federal troops, because when the president is

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Speaker 3: unable with regular forces to execute the laws of the

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Speaker 3: United States, then he can then he can activate the Guard.

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Speaker 2: So my point being in to.

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Speaker 3: Answer your question earlier, this judge is wading into waters

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Speaker 3: in which she has no authority to wait into right now.

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Speaker 3: And that's because, as I pointed out with the Ninth Circuit,

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Speaker 3: the Ninth Circuit, in the original three judge panel opinion said, look,

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Speaker 3: the plaintiffs, the State of California, concedes that the National Guard,

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Speaker 3: if validly federalized, indeed are able and lawfully allowed under

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Speaker 3: statute to go protect federal personnel and property. The State

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Speaker 3: of California admitted that, and the District Court said the

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Speaker 3: plainest State of California presented zero evidence at the hearing

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Speaker 3: for the temporary restraining order that the National Guard members

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Speaker 3: were engaged in any other activities other than that allowed

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Speaker 3: under sub paragraph three of Section twelve four oh six.

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Speaker 3: So this is the case that the Oregon judge is

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Speaker 3: relying on. So let me give you a couple of

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Speaker 3: quotes throughout the opinion from Newsom versus Trump. That's the

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Speaker 3: Ninth Circuit case that arose out of the San Francisco Judge.

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Speaker 3: This is the language that the Rerrigan Judge had to

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Speaker 3: take into account when she came to her a decision.

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Speaker 3: Writing her opinion. For example, the Ninth Circuit said, we

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Speaker 3: are persuaded that under long standing President interpreting the statutory

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Speaker 3: predecessor to Section twelve four h six, our review of

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Speaker 3: that decision must be highly deferential. In other words, the

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Speaker 3: Ninth Circuit said, you know what, the statute's pretty clear,

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Speaker 3: and the discretion about whether to activate the guard to

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Speaker 3: enforce the laws, that's up to the president. We don't

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Speaker 3: have any We don't have any discretion to interpret that.

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Speaker 3: That discretion is given to the President by Congress. She

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Speaker 3: ignored that The Ninth Circuit also said the Supreme Court

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Speaker 3: interpreted the Militia Acts of seventeen ninety five and Martin,

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Speaker 3: which arose out of President Madison's decision to call the

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Speaker 3: New York Militia into federal service during the War of

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Speaker 3: eighteen twelve. Mott, a New York Militia man, refused to turn.

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Speaker 2: Up for service.

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Speaker 3: He was court martialed and fine. Mott then brought an

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Speaker 3: action arguing that President Madison's ordering of the federalizing the

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Speaker 3: militia was invalid. The Supreme Court rejected that argument, and

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Speaker 3: the Supreme Court began by explaining that the Constitution gave

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Speaker 3: the calling fourth power to Congress, but Congress confided that

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Speaker 3: power to the presidency when the exigency of an invasion

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Speaker 3: has arisen. So even before Section twelve four h six

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Speaker 3: appeared in statute, the general law was the President can

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Speaker 3: call up the National Guard to repel an invasion the

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Speaker 3: militia in this case, and the Supreme Court in that

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Speaker 3: case back in seventeen ninety five recognized that they had

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Speaker 3: to do it. The Court recognized the delegated power was

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Speaker 3: a limited per or. But if it was limited, is

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Speaker 3: the president the sole and exclusive judge about whether or

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Speaker 3: not in that case an invasion was occurring or rebellion

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Speaker 3: was occurring. The Court answered that question by simply saying, this,

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Speaker 3: the authority to decide whether the exigency, the rebellion, or

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Speaker 3: the invasion has arisen, belongs exclusively to the President, and

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Speaker 3: that his decision is conclusive upon all other persons, and judge,

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Speaker 3: you happen to be all other persons, neither me, nor

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Speaker 3: you nor that judge, because that's a power that belongs

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Speaker 3: exclusively to the president. That's where to go back to

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Speaker 3: your question. I want to keep going back to that

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Speaker 3: question because I need it's a great question. This is

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Speaker 3: where I think this Article three judge has overstepped her bounds.

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Speaker 3: She's inserting her own for lack of a better way

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Speaker 3: to describe it. She's acting is she's the president. She's

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Speaker 3: acting as if the discretion to call it the National

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Speaker 3: Guard is up to her. That's not up to her.

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Speaker 3: And there is case after case after case that says no,

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Speaker 3: that power has been given to the president. I'll give

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Speaker 3: you another example, eighteen forty nine.

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Speaker 2: You don't get this kind of stuff anywhere else.

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Speaker 3: In Luther versus Bordon, the president's ability ability to call

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Speaker 3: forth the militia to offer that protection from the Militia

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Speaker 3: Act of seventeen ninety five. Relying on Martin, this is

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Speaker 3: the Ninth Circuit, The Ninth Circuit said in their opinion

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Speaker 3: relying on Martin, the court explained that the seventeen ninety

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Speaker 3: five Act gave the power of deciding whether the exit

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Speaker 3: exigency had arisen to the president. The court made clear

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Speaker 3: that the president's authority was preclusive, meaning to the exclusion

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Speaker 3: of anybody else's authority. It's the president's.

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Speaker 2: Now.

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Speaker 3: The problem with the approach adopted by the Ninth Circuit

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Speaker 3: is that three judge.

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Speaker 2: Panel they knew the outcome when.

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Speaker 3: It charted the path as I just described it as

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Speaker 3: how to as to how it would reach the outcome,

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Speaker 3: and all the judges agreed, including a Biden appointee, that

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Speaker 3: Judge Bryer, the judge in San Francisco, had overstepped his authority,

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Speaker 3: regardless of whether the standard was no judicial review, which

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Speaker 3: I believe is the standard, or highly deferential judicial review,

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Speaker 3: which I don't believe is the standard. The Supreme Court

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Speaker 3: hadn't answered that back in seventeen ninety five. They answered

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Speaker 3: it again in eighteen forty five. So, rather than follow

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Speaker 3: a long life of Supreme Court cases that suggested the

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Speaker 3: president's decision was preclusive and was conclusive on all other persons,

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Speaker 3: the Ninth Circuit nonetheless decided that it cannot concede it

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Speaker 3: every at a very early stage. In other words, they

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Speaker 3: went ahead and reinstate of the stay so they could

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Speaker 3: review the case all eleven judges and come up with

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Speaker 3: their own decision. Now, I think, in their opinion, they

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Speaker 3: have kind of telescope what their opinion is going to be.

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Speaker 3: So why would the Ninth Circuit do that? Because the

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Speaker 3: Ninth Circuit the most liberal circuit in the country. Even

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Speaker 3: though they may think about how stupid this is, the

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Speaker 3: Ninth Circuit said, hey, the three judge panel, you lifted

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Speaker 3: the temporary restraining order, but we're going to reimpose it

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Speaker 3: until we have a chance for all eleven judges to

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Speaker 3: look at it. Even though in our opinion we're kind

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Speaker 3: of telling you that we're probably gonna lift it again.

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Speaker 3: Why would judges do that because they want to stole

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Speaker 3: Trump and Trump can't do anything except appeal it to

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Speaker 3: the Supreme Court. But he can't really appeal it to

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Speaker 3: the Supreme Court until they issued their decision. Because to

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Speaker 3: appeal to the Supreme Court now, at least I would

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Speaker 3: argue if I were California, hey, they haven't made their decision.

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Speaker 3: There's nothing to appeal yet. This is called lawfair, kids,

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Speaker 3: This is lawfair, and this is what Trump is facing.

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Speaker 3: And it's absolutely well, it's coffee to the Republic?

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Speaker 2: Was it?

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Speaker 3: One hundred and first dearborn is supposed to.

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Speaker 2: Be in that in what the Alabama thing? I think Oh,

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Speaker 2: I don't know.

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Speaker 3: I'm confessing complete ignorance. The only thing I recall about

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Speaker 3: the the segregation cases in Alabama is that George Wallace refused,

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Speaker 3: Bobby Kennedy went to his brother and said, we can't

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Speaker 3: let this stand, and troops, National Guard, federal otherwise, I

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Speaker 3: don't know troops were sent. And we have all those

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Speaker 3: iconic photos of the troops opening a corridor and walking

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Speaker 3: those kids up the steps and basically reading an order

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Speaker 3: to George Wallace who stepped aside, and the kids walked in.

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Speaker 2: And Forrest Gump was there, and that's all that's right,

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Speaker 2: And Forrest Gump was there. I totally forgot about that.

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Speaker 3: In fact, I guess to find out what troops were

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Speaker 3: really there, I should go home and watch Forrest Gump again.

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Speaker 2: Yeah, okay, that's that's where I get my history. Where

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Speaker 2: do you get yours?

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Speaker 3: Now, let's get so now that you understand and if

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Speaker 3: you don't understand, now the background of all this case

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Speaker 3: going on in Portland, and by the way, just to

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Speaker 3: give you a little warning, we're gonna talk about law

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Speaker 3: Fair again in the next hour or maybe starting in

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Speaker 3: this hour, depending how quickly I can get through this

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Speaker 3: but I want you to understand why. Now, remember this

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Speaker 3: judge in Oregon is a Trump appointee, which once you

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Speaker 3: put on that black robe and you know, oh yes,

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Speaker 3: oh yes, and you know, hear you, hear you all rise.

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Speaker 3: You know, the honorable such and such Michael Brown's court

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Speaker 3: for such and such district is now in such an

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Speaker 3: all rise. And it's a pretty powerful thing. It's pretty powerful,

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Speaker 3: and I think she likes it. This judge's opinion, the

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Speaker 3: Oregon judge's opinion, simply rights into that outcome, by which

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Speaker 3: I mean she simply took everything that the Ninth Circuit

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Speaker 3: opinion concluded, that is the situation in California, and she

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Speaker 3: concluded that Portland fall within all the same parameters of

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Speaker 3: that narrow scope of judicial review provided. And then she

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Speaker 3: just substituted her judgment for that of the President of

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Speaker 3: the United States where she disagreed with that judgment.

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Speaker 2: This is where.

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Speaker 3: John Roberts, this is this is why John Roberts and

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Speaker 3: the US Supreme Court has once but two, three, four,

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Speaker 3: five times, however many times it takes, has got to

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Speaker 3: slap down these district court judges and these damned temporary

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Speaker 3: restraining orders. It's simply out of control. Now interesting, it

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Speaker 3: at least interesting to me. Note the time between the

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Speaker 3: government's filing for an application for stay in the California

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Speaker 3: case and the issuance of the decision on that application

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Speaker 3: in California was nine days, based on a Supreme Court

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Speaker 3: decision that is.

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Speaker 2: Two hundred years old.

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Speaker 3: Judge Immigrant, the Oregon judge basically said, hold my beer.

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Speaker 3: Let me explain why. The complaint and the motion for

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Speaker 3: the temporary restraining order was filed by the state of

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Speaker 3: Oregon on September twenty nine. It was originally assigned to

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Speaker 3: a different Oregon District judge, but that judge recused himself.

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Speaker 2: You want to know why.

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Speaker 3: I know that we sometimes look at these judges and

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Speaker 3: think they're all corrupt, they're all against Trump Trump, they

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Speaker 3: all have conflicts of interest, and nobody will do anything

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Speaker 3: about it. Will be prepared to be shocked. When the

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Speaker 3: complaint and motion for the restraining order was originally filed

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Speaker 3: by the state of Oregon on September twenty nine, it

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Speaker 3: was assigned to a different Oregon federal District judge, but

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Speaker 3: that judge he recused himself.

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Speaker 2: Do you know why?

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Speaker 3: Because his wife is a Democrat? Member of Congress who

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Speaker 3: has publicly stated out and opposed publicly the use of

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Speaker 3: National Guard troops to assist ice.

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Speaker 2: Now you might say that, well.

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Speaker 3: Dub Brown, that's obvious he should have recused himself. I

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Speaker 3: would agree, duh, he should have recused himself. The shocking

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Speaker 3: thing to me is he actually recused himself. We have

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Speaker 3: a judge who actually said, oh, this is going to

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Speaker 3: create an appearance of a conflict of interests. So I

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Speaker 3: would say, hey, all you judges in New York, look

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Speaker 3: what they do in Oregon. They're concerned about the appearances

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Speaker 3: of impropriety. They're concerned about the appearances of a conflict

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Speaker 3: of interests, even just even if it really is or not.

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Speaker 3: They're concerned about the appearance of a conflict. So they

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Speaker 3: recuse themselves. Can we get a golf clap for this judge,

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Speaker 3: the judge it was originally assigned to, thank you.

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Speaker 2: That's about what they deserve too.

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Speaker 3: So then the case gets reassigned to this judge immigrant

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Speaker 3: on October two. The prior judge had given the government

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Speaker 3: until October two to respond to the State of Oregon's

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Speaker 3: request for a temporary restraining order, and had scheduled a

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Speaker 3: hearing for October third, with October one and two being

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Speaker 3: the first two days of the government shut down.

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Speaker 2: So what did this judge?

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Speaker 3: Du Judge Immigrant conducted the hearing on the temporary restraining

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Speaker 3: order as scheduled on October third. She then published her

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Speaker 3: opinion in order granting the tro one day later on

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Speaker 3: October forty eight, on October four, which is less than

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Speaker 3: forty eight hours from getting the case to considering the

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Speaker 3: evidence and then writing a thirty one page of opinion

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Speaker 3: that makes hard findings a fact during the government shutdown. Wow,

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Speaker 3: I'm not saying she should consider who appointed her, but

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Speaker 3: me considering who appointed her. She really has and I

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Speaker 3: can't say it on there, but she really has a

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Speaker 3: She has a you know what for Donald Trump. For

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Speaker 3: some reason, the Ninth Circuit judges took nine days from

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Speaker 3: start to finish in the Newsom case out of San Francisco. Well,

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Speaker 3: they just much must be a bunch of lazy bums.

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Speaker 3: She took a day less than forty eight hours. Now,

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Speaker 3: the evidence that formed the basis of her findings from

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Speaker 3: three days ago a collection of affidavits, almost all of

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Speaker 3: which came from the state of Oregon itself. No opportunity

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Speaker 3: to cross examine them. She gave the government three days

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Speaker 3: from September twenty nine to October two to obtain and

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Speaker 3: submit counter affidavits to this request for a temporary restraining order,

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Speaker 3: and also only three days to oppose affidavits it had

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Speaker 3: never even seen yet.

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Speaker 2: Yet.

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Speaker 3: Her opinion several times references what she saw as a

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Speaker 3: one sided presentation of facts in the record before her,

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Speaker 3: and concluded that there was not a sufficient colorable basis

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Speaker 3: to invoke Section one two four oh six, and the

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Speaker 3: various statements by the President himself, including a social media posts,

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Speaker 3: were not quote conceived in good faith or within a

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Speaker 3: permitted range of honest judgment. Holy cow, This woman doesn't

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Speaker 3: give them time to look at the affidads to oppose

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00:26:02,200 --> 00:26:05,520
Speaker 3: the AffA Davids, and then concludes that there was not

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Speaker 3: a sufficient basis to invoke this section that authorizes the

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00:26:09,880 --> 00:26:14,359
Speaker 3: President to exercise his discretion to order up the National Guard.

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Speaker 3: She actually called President Trump a liar in his comments

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Speaker 3: about Portland. That doesn't have anything to do with anything.

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Speaker 3: None of the passages out of her opinion are absolutely unbelievable.

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Speaker 2: She wrote that.

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Speaker 3: After June twenty five, twenty twenty five, However, their protests

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Speaker 3: were generally peaceful in nature, with only sporadic incidents of

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Speaker 3: violence and disruptive behavior. By late September, these protests typically

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Speaker 3: involved twenty or fewer people. Here, give me twenty backcrap,

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Speaker 3: crazy people. Let me get them, oh, I don't know,

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Speaker 3: malotov cocktails, baseball bats, gas masks, any number of things,

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Speaker 3: any incendiary devices, and let me cut them loose because

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Speaker 3: I'm paying them, And let me cut them loose on

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Speaker 3: downtown Denver. Those twenty people can't well, they'd be most

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Speaker 3: they'd be genuinely peaceful in nature, there would only be

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Speaker 3: sporadic incidents of violence and disruptive behavior. But by golly

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Speaker 3: went it was sporadic. It was really disruptive. What's this

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Speaker 3: woman doing on the bench. I haven't had time to

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Speaker 3: go through and find out the history of this judge,

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Speaker 3: and they hell did Trump appoint her? She clearly has

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00:27:47,800 --> 00:27:51,000
Speaker 3: no well I shouldn't say that, but based on this case,

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00:27:51,600 --> 00:27:55,159
Speaker 3: she has no business being on a federal bench whatsoever.

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Speaker 3: Last week, on September twenty seventh, Trump posted on truth

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Speaker 3: social and that he was directing the Secretary of War

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Speaker 3: to provide troops to protect what he called war, ravage

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Speaker 3: Portland from ANTIFA and other domestic terrorists and authorizing full

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Speaker 3: force of necessary.

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Speaker 2: So that's what he did. Now.

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Speaker 3: Interestingly, Hegsittt issued a memorandum authorizing the deployment and federalization

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Speaker 3: of two hundred Oregon National Guard service members. Tina Kotec,

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Speaker 3: the governor of Oregon, objected. Then, following federal officials arrests

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00:28:36,720 --> 00:28:43,480
Speaker 3: of asylum seekers in Portland's immigration court in June twenty five,

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00:28:44,200 --> 00:28:48,000
Speaker 3: protests broke out around the ice facility. The protests were small,

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Speaker 3: usually one hundred people or fewer, but were concentrated at

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Speaker 3: the ice facility and disrupted that ice facility. The protests, okay,

401
00:28:59,240 --> 00:29:02,280
Speaker 3: mostly peaceful, but there were some individuals who engaged in

402
00:29:02,360 --> 00:29:08,719
Speaker 3: unlawful conduct. He had every basis in law to do

403
00:29:08,760 --> 00:29:14,000
Speaker 3: what he did. And if she objected, if Governor Kotek objected, okay,

404
00:29:15,160 --> 00:29:19,400
Speaker 3: why don't you call another governor, Call the governor of Texas,

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Speaker 3: the governor of Florida. They got National Guard troops. I

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Speaker 3: bet they gladly said them.

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Speaker 1: There was also federal troops in the sixty eight riots

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Speaker 1: in Chicago. I had a buddy who was in the

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Speaker 1: airborne and I think he was called up. He was

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00:29:37,200 --> 00:29:38,440
Speaker 1: I think he was sent there.

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Speaker 3: Now I'm already chasing one squirrel during the break. Don't

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Speaker 3: have me start chasing another squirrel during the break.

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Speaker 2: I've got a.

414
00:29:46,680 --> 00:29:52,600
Speaker 3: Query into Lexus Nexus about Kennedy's use of Title ten

415
00:29:52,960 --> 00:29:58,800
Speaker 3: during the Alabama Reintegration anti segregation cases, and it's whirling

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00:29:58,840 --> 00:30:01,320
Speaker 3: around right now. And come up with that, and I'll

417
00:30:01,360 --> 00:30:02,920
Speaker 3: look at that during the break and bring that to

418
00:30:02,960 --> 00:30:06,040
Speaker 3: you next. But I'm going to go back to the

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00:30:06,360 --> 00:30:10,800
Speaker 3: case in Oregon because there's still a couple of things

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Speaker 3: that I want you to understand.

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Speaker 2: Everything I just talked about.

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Speaker 3: Judge Emmergut issued a second tro that blocked the use

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Speaker 3: There are two temporary restraining orders here, the one which

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Speaker 3: I just talked about, which was federalizing the Oregon National Guard.

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Speaker 3: But then she did a second one, which is even worse.

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Speaker 3: She issued a second TRO blocking the use of the

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00:30:45,440 --> 00:30:49,400
Speaker 3: California National Guard, which had already been federalized. And she

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00:30:49,560 --> 00:30:53,040
Speaker 3: based that new ruling on the same reason she gave

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00:30:53,080 --> 00:30:56,200
Speaker 3: in her opinion that there isn't a sufficient factual basis

430
00:30:56,680 --> 00:30:59,600
Speaker 3: for invocation of the use of the Army National Guard

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00:30:59,840 --> 00:31:03,840
Speaker 3: to assist ice enforcement operations in Portland. That's not for

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00:31:03,880 --> 00:31:10,520
Speaker 3: her to decide, that's for the president to decide. But

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00:31:11,360 --> 00:31:15,000
Speaker 3: two issues are still not addressed, and that is what

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00:31:15,920 --> 00:31:20,080
Speaker 3: standing does California had to make any claim Since federalized

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00:31:20,120 --> 00:31:24,560
Speaker 3: National Guard units become part of the active duty military

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Speaker 3: and are under the command of the Commander in chief

437
00:31:27,240 --> 00:31:31,280
Speaker 3: of the President of the United States of America, they

438
00:31:31,320 --> 00:31:37,320
Speaker 3: can argue all they want to about his decision, but

439
00:31:37,480 --> 00:31:40,000
Speaker 3: ultimately that's going to come down to the Supreme Court

440
00:31:40,080 --> 00:31:43,920
Speaker 3: upholding two hundred years of president that says that discretion

441
00:31:44,000 --> 00:31:47,720
Speaker 3: has been given to the president. You don't have you

442
00:31:47,800 --> 00:31:52,080
Speaker 3: are precluded from inserting your own opinion about whether that

443
00:31:52,360 --> 00:31:56,440
Speaker 3: is lawful or not. That's the president's decision. That's point

444
00:31:56,520 --> 00:32:01,440
Speaker 3: number one. But the second point is her prior restraining

445
00:32:01,600 --> 00:32:06,360
Speaker 3: order dealt specifically with the September twenty eight memo from

446
00:32:06,600 --> 00:32:11,080
Speaker 3: the Secretary of War that federalized the Oregon National Guard.

447
00:32:11,960 --> 00:32:16,120
Speaker 3: Her opinion dated October four doesn't address those issues at all.

448
00:32:16,160 --> 00:32:19,200
Speaker 3: And besides that, entering a temporary restraining order without barely

449
00:32:19,280 --> 00:32:22,160
Speaker 3: two hours notice and not giving the government opportunity to

450
00:32:22,200 --> 00:32:25,640
Speaker 3: respond in writing probably triggers an entire new set of

451
00:32:25,680 --> 00:32:29,680
Speaker 3: problems under the federal rules of civil procedure. This is

452
00:32:29,880 --> 00:32:36,160
Speaker 3: out of control bullcrap. Now, the overreach might actually lead

453
00:32:36,200 --> 00:32:38,320
Speaker 3: the Ninth Circuit. I you know, I get a sliver

454
00:32:38,400 --> 00:32:41,320
Speaker 3: of hope, call me naive. I'm a sliver of hope

455
00:32:42,080 --> 00:32:44,880
Speaker 3: that the Ninth Circuit panel, now looking at the government's

456
00:32:44,960 --> 00:32:49,520
Speaker 3: motion to stay her first restraining order, they might take

457
00:32:49,560 --> 00:32:52,959
Speaker 3: a step back and look at her conduct with a

458
00:32:53,200 --> 00:32:56,959
Speaker 3: little greater scrutiny and determine that you know what, sweetheart,

459
00:32:57,520 --> 00:33:00,160
Speaker 3: you're way over stepping your bounds here, so much so

460
00:33:00,280 --> 00:33:04,280
Speaker 3: that even us, these eleven judges, who really all despise

461
00:33:04,400 --> 00:33:08,240
Speaker 3: Donald Trump, even we can't justify this, although they don't

462
00:33:08,240 --> 00:33:12,120
Speaker 3: care about getting overturned by the US Supreme Court. And

463
00:33:12,120 --> 00:33:15,080
Speaker 3: then I would just make this statement, this is how

464
00:33:15,080 --> 00:33:19,920
Speaker 3: we fight our political battles at the ballot box and

465
00:33:20,040 --> 00:33:23,640
Speaker 3: in the courthouse. And I know it's slow, and it's painful,

466
00:33:23,880 --> 00:33:27,920
Speaker 3: and at times it's absolutely maddening, but this is the

467
00:33:27,960 --> 00:33:31,480
Speaker 3: way to do it. And I'm simply pointing out how

468
00:33:31,520 --> 00:33:33,000
Speaker 3: this judge is out of control.

469
00:33:33,680 --> 00:33:33,880
Speaker 2: Now.

470
00:33:33,920 --> 00:33:38,000
Speaker 3: If she's so out of control, Congress could impeach her unremove.

471
00:33:37,600 --> 00:33:40,120
Speaker 2: Her, but they're not going to do that, and you

472
00:33:40,160 --> 00:33:41,240
Speaker 2: know they're not going to do that.

473
00:33:42,120 --> 00:33:47,160
Speaker 3: So the recourse then becomes through the appellate process, and

474
00:33:47,200 --> 00:33:50,080
Speaker 3: that's where the federal rules of civil procedure come into play,

475
00:33:50,480 --> 00:33:53,000
Speaker 3: and this is where the government will ultimately win.

476
00:33:53,440 --> 00:33:55,600
Speaker 2: It'll take a while, but will win