1 00:00:00,200 --> 00:00:04,080 Speaker 1: Hey, So if we've got a decent number of Democrats 2 00:00:04,080 --> 00:00:07,680 Speaker 1: who want Republicans to go away, and a decent number 3 00:00:07,720 --> 00:00:12,000 Speaker 1: of Republicans who want Democrats to go away, wouldn't they 4 00:00:12,039 --> 00:00:17,919 Speaker 1: obvious answer be just take out all the politicians. Might 5 00:00:17,920 --> 00:00:19,840 Speaker 1: as well make everybody happy. 6 00:00:20,239 --> 00:00:24,799 Speaker 2: Just make everybody go away, Just everybody go away. Set 7 00:00:24,800 --> 00:00:27,240 Speaker 2: me in dragon. Yeah, I want to stay. I want 8 00:00:27,240 --> 00:00:30,720 Speaker 2: to stay for a while. Yeah, you know, I was 9 00:00:30,720 --> 00:00:32,479 Speaker 2: going to start out this segment I say you're going 10 00:00:32,520 --> 00:00:35,040 Speaker 2: to be shocked, and then I thought, now that'll lead 11 00:00:35,040 --> 00:00:37,880 Speaker 2: to some stupid talk back about who you think we're 12 00:00:37,920 --> 00:00:44,159 Speaker 2: shocked due. No, nothing shocked us anymore. Yesterday there was 13 00:00:44,440 --> 00:00:48,479 Speaker 2: news made or disclosures made on Fox News, and my 14 00:00:48,600 --> 00:00:51,600 Speaker 2: members of Congress I did. I honestly did not go 15 00:00:51,720 --> 00:00:54,920 Speaker 2: check to see whether it's seeing in or MSNB sucovered it. 16 00:00:55,640 --> 00:00:58,680 Speaker 2: I didn't care. I did my own research and other sources. 17 00:01:02,280 --> 00:01:07,040 Speaker 2: It's really unbelievable when you think about it. We are 18 00:01:07,160 --> 00:01:15,840 Speaker 2: so overwhelmed with dumbass rey, stupidity, just dumbass bullcrap that 19 00:01:15,920 --> 00:01:23,840 Speaker 2: goes on in society, culture, politics, schools, everything that I 20 00:01:23,840 --> 00:01:27,520 Speaker 2: think we're kind of numb to this, But this is 21 00:01:27,600 --> 00:01:31,560 Speaker 2: kind of unbelievable Special counsel Jack Smith. Remember him, He's 22 00:01:31,600 --> 00:01:35,920 Speaker 2: the one doing the jacy or was doing, was doing 23 00:01:35,959 --> 00:01:39,959 Speaker 2: the January sixth prosecution, was doing the prosecution of Donald 24 00:01:39,959 --> 00:01:44,880 Speaker 2: Trump for his instruction. Although interesting, he was never charged 25 00:01:44,880 --> 00:01:49,000 Speaker 2: with instruction on January sixth, twenty twenty one, and doing 26 00:01:49,040 --> 00:01:53,960 Speaker 2: the classified documents case down in Florida. According to an 27 00:01:54,280 --> 00:02:01,000 Speaker 2: FBI document from twenty twenty three, that lawyer Special counsel 28 00:02:01,120 --> 00:02:03,800 Speaker 2: Jack Smith, who is known to be a rogue operator, 29 00:02:05,040 --> 00:02:07,720 Speaker 2: was spying on the cell phone data activity of eight 30 00:02:07,800 --> 00:02:13,680 Speaker 2: members of Congress, including Senators Josh Holly, Lindsey Graham, Marshall Blackburn, 31 00:02:14,600 --> 00:02:17,359 Speaker 2: and a bunch of others, related to his investigation into 32 00:02:17,440 --> 00:02:22,840 Speaker 2: January sixth and the so called fake elector scheme. So 33 00:02:22,880 --> 00:02:25,760 Speaker 2: we are supposed to be shocked at this development and 34 00:02:25,840 --> 00:02:29,040 Speaker 2: revelation to Jack Smith, the low life degenerate and his 35 00:02:29,120 --> 00:02:33,400 Speaker 2: team of thugs colluded to expand their power to not 36 00:02:33,440 --> 00:02:36,079 Speaker 2: only take Donald Trump in some of his aides, of course, 37 00:02:37,080 --> 00:02:38,880 Speaker 2: but actual member taking that members. 38 00:02:38,600 --> 00:02:39,280 Speaker 3: Of Congress too. 39 00:02:41,440 --> 00:02:44,240 Speaker 2: That's why I say, don't color any of us shocked, 40 00:02:45,080 --> 00:02:51,519 Speaker 2: and none of us should be surprised. Now, Josh Holly 41 00:02:51,919 --> 00:02:55,680 Speaker 2: apparently isily surprised at this, and of course he wants 42 00:02:55,680 --> 00:03:01,880 Speaker 2: an investigation, and Marshall Blackburn once answers, so what do 43 00:03:01,919 --> 00:03:07,720 Speaker 2: you want answers for? I want answers, Actually I do 44 00:03:07,760 --> 00:03:12,720 Speaker 2: want answers. We're the ones who are entitled answers. Not 45 00:03:12,840 --> 00:03:14,880 Speaker 2: the least of which is it is whine. When Jack 46 00:03:14,919 --> 00:03:20,239 Speaker 2: Smith was brazenly abusing his power, and as there were 47 00:03:20,480 --> 00:03:24,320 Speaker 2: very few reporters, at least on our side of the 48 00:03:24,360 --> 00:03:29,360 Speaker 2: political spectrum, who covered Jack Smith in both cases going 49 00:03:29,760 --> 00:03:36,000 Speaker 2: to the courthouse in Florida and in Washington, who was 50 00:03:36,040 --> 00:03:39,720 Speaker 2: following all the court filings? Who is following all the briefs? 51 00:03:41,880 --> 00:03:44,920 Speaker 3: Where? Where were? Where was? Where was Fox News? 52 00:03:44,920 --> 00:03:48,240 Speaker 2: For example, in twenty three and twenty twenty four, when 53 00:03:48,360 --> 00:03:50,760 Speaker 2: Jack Smith was on his rampage with his team of 54 00:03:50,840 --> 00:03:53,600 Speaker 2: thug prosecutors and investigators. 55 00:03:53,560 --> 00:03:56,240 Speaker 3: Working hand in glove with Obama. 56 00:03:57,400 --> 00:04:03,160 Speaker 2: Obama appointees, who were they the chief judges at the 57 00:04:03,240 --> 00:04:08,040 Speaker 2: US District Court, at the DC District Court, we were 58 00:04:08,040 --> 00:04:11,000 Speaker 2: funding Jack Smith to the tune of fifty million dollars, 59 00:04:12,520 --> 00:04:14,200 Speaker 2: and to the tune of the total of at least 60 00:04:14,240 --> 00:04:17,599 Speaker 2: one hundred million dollars spent by the Biden Department of 61 00:04:17,760 --> 00:04:21,200 Speaker 2: Justice before and after Jack Smith was appointed Special Council 62 00:04:21,920 --> 00:04:29,360 Speaker 2: back in November of twenty twenty two. Where's the updated report? Are? 63 00:04:29,680 --> 00:04:35,520 Speaker 2: Where the documents? Where is someone at least at the FBI, 64 00:04:36,480 --> 00:04:39,200 Speaker 2: at the Department of Justice going through all rifling through 65 00:04:39,240 --> 00:04:43,560 Speaker 2: all of the files. We got this at least, But 66 00:04:43,600 --> 00:04:46,279 Speaker 2: what else is in the box now? And I say 67 00:04:46,320 --> 00:04:49,760 Speaker 2: the box euphemistically because there are probably boxes and boxes 68 00:04:49,760 --> 00:05:02,560 Speaker 2: and boxes, but every case file has boxes of memos, evidence, pleadings, drafts, memos, 69 00:05:02,880 --> 00:05:06,559 Speaker 2: inter office memos, memos back and forth to the Attorney General, 70 00:05:06,560 --> 00:05:09,200 Speaker 2: maybe even to the President who knows, maybe to the 71 00:05:09,279 --> 00:05:12,880 Speaker 2: chief of staff or whoever was you know, running the 72 00:05:12,920 --> 00:05:21,599 Speaker 2: presidency during Biden's term. Where's the updated report? Because he 73 00:05:21,720 --> 00:05:24,560 Speaker 2: was supposed to be frequently, I don't remember how often, 74 00:05:24,880 --> 00:05:26,760 Speaker 2: but he was supposed to be telling Congress while he 75 00:05:26,800 --> 00:05:30,960 Speaker 2: was spending the money on But apparently nobody was conducting 76 00:05:31,000 --> 00:05:35,279 Speaker 2: any real oversight, either at the DOJ or at DUS 77 00:05:35,360 --> 00:05:38,600 Speaker 2: cong They were just signing the checks. Oh, Jack Smith 78 00:05:38,640 --> 00:05:40,760 Speaker 2: needs you know, ten million dollars this month. Okay, we'll 79 00:05:40,800 --> 00:05:47,080 Speaker 2: send it to him. There you have a former president 80 00:05:48,760 --> 00:05:52,159 Speaker 2: with no executive privilege, concerns whatsoever. Of course, Jack Smith 81 00:05:52,240 --> 00:05:56,240 Speaker 2: getting that rubber stamp by Beryl Holle. That's the Obama 82 00:05:56,279 --> 00:06:00,400 Speaker 2: appointed chief judge who not only, for example, forced Twitter 83 00:06:00,440 --> 00:06:03,640 Speaker 2: to turn over all the president's Twitter data, but also 84 00:06:03,720 --> 00:06:06,800 Speaker 2: find Elon Musk three hundred and fifty thousand dollars for 85 00:06:07,040 --> 00:06:11,320 Speaker 2: an alleged fifty one hour delay in producing that material 86 00:06:11,400 --> 00:06:15,320 Speaker 2: on the docket, the data that they just arbitrarily set 87 00:06:15,320 --> 00:06:18,359 Speaker 2: this immediate deadline to do that. And then you can't 88 00:06:18,400 --> 00:06:21,280 Speaker 2: just meet the arbitrary deadline because you've got to you've 89 00:06:21,279 --> 00:06:24,400 Speaker 2: got to collect, you've got to find the data, and 90 00:06:24,440 --> 00:06:26,440 Speaker 2: you've got to scrub the data to make sure that 91 00:06:26,480 --> 00:06:29,880 Speaker 2: you're not disclosing something that isn't included, or you're making 92 00:06:29,880 --> 00:06:33,080 Speaker 2: sure that you're covering everything that should be included and 93 00:06:33,200 --> 00:06:36,880 Speaker 2: must gets fined more than more than a quarter of 94 00:06:36,920 --> 00:06:41,880 Speaker 2: a million dollars for a fifty one hour delay. This 95 00:06:42,000 --> 00:06:45,160 Speaker 2: is the same Jack Smith that conducted the entire documents 96 00:06:45,240 --> 00:06:50,320 Speaker 2: case in Washington, d C. So he could get every 97 00:06:50,360 --> 00:06:55,800 Speaker 2: favorable outcome that he wanted, including from Beryl hell all 98 00:06:55,880 --> 00:06:58,440 Speaker 2: the grand jury witnesses, all the testimony, all the spreen 99 00:06:58,560 --> 00:07:01,000 Speaker 2: is that he wanted. He did it in Washington, and 100 00:07:01,040 --> 00:07:04,000 Speaker 2: then at the last minute he decided to go to 101 00:07:04,040 --> 00:07:07,000 Speaker 2: southern Florida to get the indictment because he knew he 102 00:07:07,160 --> 00:07:10,760 Speaker 2: was not going to get the same sort of outcomes 103 00:07:10,800 --> 00:07:12,880 Speaker 2: in southern Florida that he was getting in d C. 104 00:07:16,400 --> 00:07:19,600 Speaker 2: That to me almost appears to be an abuse of 105 00:07:19,680 --> 00:07:23,160 Speaker 2: the grand jury process. But I don't think anybody cares 106 00:07:23,160 --> 00:07:26,920 Speaker 2: about that either. The same Jack Smith who made up 107 00:07:26,960 --> 00:07:29,880 Speaker 2: along with Beryl Hall once again, the same federal judge. 108 00:07:30,000 --> 00:07:32,080 Speaker 2: These two were quite the pair of the same Barrel Hall, 109 00:07:32,120 --> 00:07:35,400 Speaker 2: who at Jack Smith's insistence, believed or claimed or led 110 00:07:35,400 --> 00:07:37,520 Speaker 2: to that Donald Trump and his lawyer that there was 111 00:07:37,600 --> 00:07:40,320 Speaker 2: proof of a crime between Donald Trump and his lawyer 112 00:07:40,360 --> 00:07:43,520 Speaker 2: in the document's case. You remember how quickly we forget 113 00:07:43,560 --> 00:07:52,400 Speaker 2: that Evan corkran the lawyer to enable or justify in 114 00:07:52,520 --> 00:07:56,440 Speaker 2: any way Barrel help piercing that attorney client privilege with 115 00:07:56,600 --> 00:08:00,520 Speaker 2: the former president to turn over communications for an investigation 116 00:08:00,600 --> 00:08:05,960 Speaker 2: in the government papers. So no, I'm not shocked, but 117 00:08:06,000 --> 00:08:09,440 Speaker 2: I am pissed off that anyone is shocked, especially these 118 00:08:09,520 --> 00:08:13,520 Speaker 2: dumb ass members of Congress. But the best thing is 119 00:08:13,880 --> 00:08:19,000 Speaker 2: it's on their doorstep now. Yes, all the abuses of 120 00:08:19,080 --> 00:08:24,080 Speaker 2: Jack Smith. As Reverend Wright once said, the kickens have 121 00:08:24,120 --> 00:08:26,920 Speaker 2: come home to roost. And guess where they landed? The 122 00:08:27,640 --> 00:08:30,720 Speaker 2: steps of the United States Congress, on the steps of 123 00:08:30,360 --> 00:08:33,480 Speaker 2: a bunch of Republicans, at least eight US Senators that 124 00:08:33,520 --> 00:08:36,840 Speaker 2: I know of so far, that they were actually collecting 125 00:08:36,920 --> 00:08:39,960 Speaker 2: cell phone data, tracking data, doing all of this for 126 00:08:40,040 --> 00:08:40,600 Speaker 2: those eight. 127 00:08:40,880 --> 00:08:43,040 Speaker 3: Now, what are you gonna do? Oh, I know you're 128 00:08:43,040 --> 00:08:45,240 Speaker 3: gonna hold up. You know, I can't wait. 129 00:08:45,480 --> 00:08:48,440 Speaker 2: There'll be a press conference, You'll talk about your outrage, 130 00:08:48,600 --> 00:08:50,840 Speaker 2: You'll talk about the abuse of power. Blah blah blah 131 00:08:50,840 --> 00:08:51,800 Speaker 2: blah blah blah blah. 132 00:08:51,800 --> 00:08:52,600 Speaker 3: What are you gonna do? 133 00:08:54,280 --> 00:09:02,680 Speaker 2: What are you gonna do? They weren't just looking in 134 00:09:02,760 --> 00:09:06,120 Speaker 2: their review rearview mirror, so to speak, of poor Donald 135 00:09:06,160 --> 00:09:09,000 Speaker 2: Trump and his lawyers and his people who were being 136 00:09:09,080 --> 00:09:12,319 Speaker 2: ensnared and tormented by Jack Smith. But that's exactly what 137 00:09:12,400 --> 00:09:17,720 Speaker 2: was going on. But it's also a very useful reminder 138 00:09:18,520 --> 00:09:22,719 Speaker 2: as to what was going on to you know, to 139 00:09:22,760 --> 00:09:26,120 Speaker 2: come of a Kamala Harris presidency, for example, not just 140 00:09:26,200 --> 00:09:31,680 Speaker 2: the continued pursuit that would continue, probably successful at least 141 00:09:31,679 --> 00:09:35,400 Speaker 2: in Washington, pursuits for Donald Trump to put him behind bars, 142 00:09:35,800 --> 00:09:39,840 Speaker 2: but also to ensnare his advisers. You saw this with 143 00:09:39,920 --> 00:09:43,440 Speaker 2: the Tom Hoeman FBI set up that they put together 144 00:09:43,480 --> 00:09:46,679 Speaker 2: in September of twenty twenty four. And members of Congress, 145 00:09:46,679 --> 00:09:49,320 Speaker 2: including US senators. Just think for a minute, if she 146 00:09:49,320 --> 00:09:53,559 Speaker 2: would have won, if Kamala Harris would have won, you 147 00:09:53,559 --> 00:09:56,439 Speaker 2: would have had a Department of Justice led by oh, 148 00:09:56,559 --> 00:10:02,360 Speaker 2: say Lisa Monico, Matthew Graves, anyone Sally yates what that 149 00:10:02,400 --> 00:10:05,120 Speaker 2: would have meant for the president's family or as as associates, 150 00:10:05,400 --> 00:10:08,160 Speaker 2: for Republican lawmakers, and of course for the country in total. 151 00:10:10,000 --> 00:10:11,520 Speaker 2: So I want to see what they're going to do now. 152 00:10:12,800 --> 00:10:16,760 Speaker 2: Fifty million dollars that they signed off one they were 153 00:10:16,800 --> 00:10:19,960 Speaker 2: writing the checks. Now we find out they've been spied on, 154 00:10:21,040 --> 00:10:25,840 Speaker 2: and now they're mad again. Me Oh, I'm I'm sure, 155 00:10:26,360 --> 00:10:29,040 Speaker 2: mark my words. There will be a lot of harshly 156 00:10:29,160 --> 00:10:33,160 Speaker 2: worded letters flying here and there. They'll be sending letters 157 00:10:33,200 --> 00:10:35,960 Speaker 2: to Pam Bondi, They'll be sending letters to you know, 158 00:10:36,559 --> 00:10:40,400 Speaker 2: Cash Battel, to Dan Bongino. They'll be sending letters left 159 00:10:40,440 --> 00:10:43,160 Speaker 2: and right. They'll be demanding of you know whatever, you know, 160 00:10:43,320 --> 00:10:46,719 Speaker 2: the They'll be sending letters to Chairman Grassley of the 161 00:10:46,800 --> 00:10:53,160 Speaker 2: Judiciary Committee for an investigation and oversight. Okay, send all 162 00:10:53,160 --> 00:10:56,480 Speaker 2: the letters you want. I'm still waiting for some sort 163 00:10:56,480 --> 00:11:01,240 Speaker 2: of action, some sort of criminal liability that is well 164 00:11:01,280 --> 00:11:05,640 Speaker 2: deserved against Jack Smith and his team. How about if 165 00:11:05,640 --> 00:11:08,360 Speaker 2: we don't want to do any sort of lawsuits, how 166 00:11:08,360 --> 00:11:12,960 Speaker 2: about we just do something. Oh, I don't know. We 167 00:11:12,960 --> 00:11:15,880 Speaker 2: we go after his bar license, somebody go fire, file 168 00:11:15,920 --> 00:11:20,960 Speaker 2: a bar complaint for breaking the law, or at least 169 00:11:20,960 --> 00:11:25,319 Speaker 2: trying to find out under what authority that he ensnare 170 00:11:26,200 --> 00:11:29,680 Speaker 2: eight United States senators. But you know, I guess we've 171 00:11:29,920 --> 00:11:33,360 Speaker 2: we've been to this Broadway play before and we've seen that. 172 00:11:33,840 --> 00:11:36,920 Speaker 2: Oh yeah, you know, we find out that Obama spies 173 00:11:37,040 --> 00:11:41,000 Speaker 2: on Congress, we find out that they have you know, 174 00:11:41,200 --> 00:11:45,320 Speaker 2: hacked into their computers. We find out, we find out that, 175 00:11:45,480 --> 00:11:48,199 Speaker 2: you know, it's spy on spy, spy versus spy. It's 176 00:11:48,240 --> 00:11:53,599 Speaker 2: Mad magazine all over again. I haven't now, honestly, I 177 00:11:53,640 --> 00:11:59,280 Speaker 2: haven't been. Let me pull over. I'm just curious what 178 00:11:59,400 --> 00:12:02,040 Speaker 2: Drudge might say this morning. We let' say we got 179 00:12:02,040 --> 00:12:06,520 Speaker 2: a helicopter on a crash on a Sacramental highway. Flight 180 00:12:06,559 --> 00:12:13,360 Speaker 2: delays because of the shutdown Don's online The Don's online 181 00:12:13,440 --> 00:12:16,679 Speaker 2: behavior grows increasingly odd. Health concerns, of course, that we're 182 00:12:16,679 --> 00:12:20,360 Speaker 2: going to raise that Trump invades Illinois. Oh, He's invaded Illinois. 183 00:12:20,360 --> 00:12:24,640 Speaker 2: State sues Insurrection Act. Next, Teacher's plot, resistance Morale, Lowett 184 00:12:24,640 --> 00:12:31,679 Speaker 2: Agencies still Jane Goodall still on there, Threats against sorrows. 185 00:12:34,440 --> 00:12:37,520 Speaker 2: I'm just looking to see if I can find anything 186 00:12:37,840 --> 00:12:45,319 Speaker 2: anywhere about Nope, nothing on the Drudge Report. Let's stroll 187 00:12:45,360 --> 00:12:50,080 Speaker 2: over to today's Wall Street Journal. Let's do a search 188 00:12:50,240 --> 00:12:57,680 Speaker 2: for Jack Smith. Saving find anything about Jack Smith's special council. 189 00:13:00,120 --> 00:13:05,640 Speaker 2: Hit search. Oh, we got a story from back in 190 00:13:05,720 --> 00:13:09,920 Speaker 2: January when Jack Smith says that Trump would have been 191 00:13:09,920 --> 00:13:17,600 Speaker 2: convicted in the election case. One from August. Oh, here 192 00:13:17,640 --> 00:13:22,679 Speaker 2: September twenty two. Oh, no, that's really about Trump's Trump's 193 00:13:22,720 --> 00:13:28,400 Speaker 2: pressure campaign in the Department of Justice. Go back to November. No, 194 00:13:28,800 --> 00:13:30,520 Speaker 2: I don't see anything in the Wall Street Journal either. 195 00:13:33,320 --> 00:13:36,320 Speaker 2: This is big news, at least I would think it 196 00:13:36,320 --> 00:13:40,520 Speaker 2: was big news when you have a special counsel whose 197 00:13:40,840 --> 00:13:49,480 Speaker 2: very existence is constitutionally questionable, whether or not he was authorized, 198 00:13:50,000 --> 00:13:53,120 Speaker 2: and whether or not the President or the Attorney General 199 00:13:53,160 --> 00:13:56,000 Speaker 2: Merrick Garland have the authority to appoint a special council 200 00:13:56,360 --> 00:14:01,160 Speaker 2: in those two cases. So you have dubious contutionality. And 201 00:14:01,160 --> 00:14:04,320 Speaker 2: then on top of that, you have the very fact 202 00:14:04,559 --> 00:14:11,000 Speaker 2: now that he was oh spying on and searching through 203 00:14:11,800 --> 00:14:15,439 Speaker 2: the cell phone data. And I'm not talking about the NSA. 204 00:14:15,760 --> 00:14:18,040 Speaker 2: I'm not talking about the CIA or the FBI. I'm 205 00:14:18,040 --> 00:14:20,600 Speaker 2: talking about the Department of Justice, and a special council 206 00:14:20,920 --> 00:14:24,600 Speaker 2: operating separate and apart from them, is now spying on 207 00:14:24,720 --> 00:14:32,920 Speaker 2: us senators. I don't find any headlines anywhere. Washington Post. 208 00:14:33,040 --> 00:14:41,400 Speaker 2: Let's see what the Washington Post has headlines Trump's USA 209 00:14:41,480 --> 00:14:47,120 Speaker 2: Guard anniversary hamas Israel commemorates the solemn day. Of course, 210 00:14:47,720 --> 00:14:51,000 Speaker 2: how TikTok oh TikTok has the big news food critic, oh, 211 00:14:51,040 --> 00:14:53,560 Speaker 2: food critic, judge and comm case is known for a 212 00:14:53,560 --> 00:14:57,800 Speaker 2: spiring but we'll get to that later on. Uh. Trump 213 00:14:57,840 --> 00:15:01,720 Speaker 2: presses sanctuary cities to work with ISABMA fewer budget in 214 00:15:01,760 --> 00:15:06,240 Speaker 2: the opinion pieces, six surgeon generals. Let's take a ride 215 00:15:06,280 --> 00:15:09,400 Speaker 2: through Selina. Zito's got to ride about a story about 216 00:15:09,400 --> 00:15:15,680 Speaker 2: going through a coal mine, Afghanistan's internet blackout. The Washington 217 00:15:15,800 --> 00:15:24,200 Speaker 2: Post doesn't even have anything. I guess my outrage is misplaced. 218 00:15:24,800 --> 00:15:28,000 Speaker 2: I guess my anger is misplaced that we spend fifty 219 00:15:28,040 --> 00:15:30,760 Speaker 2: million dollars and then we find out that they're actually 220 00:15:30,760 --> 00:15:35,080 Speaker 2: going in and they're looking at what's going on with 221 00:15:35,400 --> 00:15:41,200 Speaker 2: US senators in a case about documents and in the 222 00:15:41,480 --> 00:15:48,480 Speaker 2: alternate slate of Elector's case, and nobody's covering it, at 223 00:15:48,560 --> 00:15:50,880 Speaker 2: least that I can find on a cursory review this morning. 224 00:15:52,960 --> 00:15:55,960 Speaker 2: This is the breakdown of the republic. This is the 225 00:15:56,000 --> 00:16:01,080 Speaker 2: breakdown of the rule of law. And once again, now 226 00:16:01,080 --> 00:16:04,120 Speaker 2: I'm not advocating political violence from you know, not talking 227 00:16:04,120 --> 00:16:07,000 Speaker 2: about what we talked about in the first hour, but 228 00:16:07,560 --> 00:16:11,040 Speaker 2: you would think that even Chairman grass who's been so 229 00:16:11,400 --> 00:16:14,960 Speaker 2: good at taking the information that cash Pttel has been 230 00:16:15,000 --> 00:16:18,720 Speaker 2: able to disclose about FBI corruption and turn it over 231 00:16:18,800 --> 00:16:23,360 Speaker 2: to the Judiciary Committee and then have Chairman Grassley release 232 00:16:23,440 --> 00:16:29,720 Speaker 2: that information. I don't see anything about this. Am I 233 00:16:29,760 --> 00:16:34,920 Speaker 2: incorrectly outraged or upset that we have a rogue special 234 00:16:35,000 --> 00:16:41,760 Speaker 2: prosecutor spying on members of Congress. I would think those 235 00:16:41,920 --> 00:16:44,920 Speaker 2: eight would be upset. I mean, I'm surprised. I haven't 236 00:16:44,920 --> 00:16:48,880 Speaker 2: seen Lindsay Graham splashed all over every table channel he 237 00:16:48,920 --> 00:16:52,720 Speaker 2: can get on expressing his outraged about being spied upon 238 00:16:52,760 --> 00:16:53,800 Speaker 2: by a special counsel. 239 00:16:55,280 --> 00:16:57,600 Speaker 3: Why. 240 00:16:58,440 --> 00:17:02,680 Speaker 2: The longer I thought about this story, the more I 241 00:17:02,720 --> 00:17:06,960 Speaker 2: came to the conclusion that I'm pissed off. Why aren't 242 00:17:06,960 --> 00:17:12,720 Speaker 2: they pissed off? Did they know it? Were they complicit? 243 00:17:14,119 --> 00:17:16,600 Speaker 2: Or is there something else going on that they don't 244 00:17:16,640 --> 00:17:20,280 Speaker 2: want us to know about With regard to spying on 245 00:17:20,560 --> 00:17:24,639 Speaker 2: eight members of the United States Senate, I think the 246 00:17:24,680 --> 00:17:30,679 Speaker 2: Founding Fathers would be upset. At the top of the 247 00:17:30,720 --> 00:17:34,200 Speaker 2: Hour News, there is a story about the Chicago School 248 00:17:34,240 --> 00:17:37,240 Speaker 2: District coming to Colorado to listen to the Cherry Creek 249 00:17:37,280 --> 00:17:39,720 Speaker 2: School District talk about innovation and education. 250 00:17:40,480 --> 00:17:44,600 Speaker 3: Are you kidding me? It means that Colorado is giving 251 00:17:44,600 --> 00:17:46,960 Speaker 3: advice to other Blue states. That means we are at 252 00:17:46,960 --> 00:17:49,080 Speaker 3: the bottom of the blue life anyway. 253 00:17:49,280 --> 00:17:51,480 Speaker 4: It's terrible, especially in education. 254 00:17:52,400 --> 00:17:53,800 Speaker 1: Have a wonderful Tuesday. 255 00:17:54,400 --> 00:17:57,680 Speaker 2: When you're at a race to the bottom, you ain't 256 00:17:57,680 --> 00:17:59,880 Speaker 2: got to catch up with that that's leading the pack, 257 00:18:00,440 --> 00:18:01,720 Speaker 2: and Colorado's leading the. 258 00:18:01,680 --> 00:18:03,439 Speaker 3: Back like golf flow score wins. 259 00:18:03,520 --> 00:18:06,760 Speaker 2: That's right, that's right. Chicago's just trying to find out 260 00:18:06,760 --> 00:18:08,720 Speaker 2: our secrets about how to get to the bottom faster. 261 00:18:10,080 --> 00:18:15,159 Speaker 2: Saturday Night Saturday night, not a Monday night, you know, 262 00:18:15,240 --> 00:18:22,040 Speaker 2: not a work week Saturday night. Federal District Judge Corinne Immigrant. 263 00:18:23,320 --> 00:18:23,880 Speaker 3: Now, before you. 264 00:18:23,800 --> 00:18:27,800 Speaker 2: Get pissed off at her, which you will, she's a 265 00:18:27,880 --> 00:18:34,840 Speaker 2: twoenty nineteen Trump appointee for the District of Oregon. You 266 00:18:34,840 --> 00:18:39,679 Speaker 2: know where Portland is, not Maine, Oregon. She issued a 267 00:18:39,680 --> 00:18:44,679 Speaker 2: temporary straining order good for fourteen days that blocks the 268 00:18:44,680 --> 00:18:47,879 Speaker 2: federalization of two hundred members of the Oregon National Guard. 269 00:18:49,240 --> 00:18:51,320 Speaker 3: It also blocks the plans to use. 270 00:18:51,200 --> 00:18:55,960 Speaker 2: Those troops to support and supplement the efforts of ICE 271 00:18:56,560 --> 00:19:04,520 Speaker 2: in Portland for a sixty day defined period sixty days only. 272 00:19:04,680 --> 00:19:08,560 Speaker 2: Hours after she issued her order, the Department of Justice 273 00:19:08,600 --> 00:19:11,320 Speaker 2: filed a notice of appeal to the Ninth Circuit. Now, 274 00:19:11,359 --> 00:19:14,399 Speaker 2: I want to make a point at the outset, and 275 00:19:14,480 --> 00:19:18,880 Speaker 2: I think it's crucial to understand, in my view, when 276 00:19:18,960 --> 00:19:25,600 Speaker 2: a federal trial judge is evaluating the discretionary decision making 277 00:19:26,600 --> 00:19:31,360 Speaker 2: of inferior executive branch officials with regard to how they 278 00:19:31,440 --> 00:19:35,800 Speaker 2: carry out their duties. In other words, how, for example, 279 00:19:36,000 --> 00:19:41,160 Speaker 2: a ICE or a National Guardsman might carry out their duties, 280 00:19:41,800 --> 00:19:45,360 Speaker 2: the entire spectrum of judicial authority is in play, as 281 00:19:45,400 --> 00:19:50,120 Speaker 2: provided by case law and the rules imposed on both 282 00:19:50,640 --> 00:19:55,719 Speaker 2: by Congress. But when a federal district judge, now remember 283 00:19:55,760 --> 00:20:01,280 Speaker 2: we talked yesterday, These trial judges are teat of statute. 284 00:20:02,000 --> 00:20:06,840 Speaker 2: Their article, they're called Article three courts. If you look 285 00:20:06,880 --> 00:20:10,040 Speaker 2: at the US Constitution, Article three, which is which is 286 00:20:10,280 --> 00:20:15,720 Speaker 2: which establishes the U. S. Supreme Court says, and as 287 00:20:16,320 --> 00:20:20,840 Speaker 2: many other unfairphrasing. But such other courts as Congress may 288 00:20:20,880 --> 00:20:25,919 Speaker 2: from time to time deem appropriate or necessary. So a 289 00:20:26,119 --> 00:20:31,960 Speaker 2: federal district trial judge is a creature of statute, is 290 00:20:32,000 --> 00:20:35,880 Speaker 2: a creature of Congress, created by Congress, and it has 291 00:20:36,040 --> 00:20:39,280 Speaker 2: no more authority. She has no more authority than the 292 00:20:39,359 --> 00:20:43,760 Speaker 2: authority given to her or him by Congress. 293 00:20:44,800 --> 00:20:45,560 Speaker 3: So when that. 294 00:20:45,520 --> 00:20:50,840 Speaker 2: Federal district judge starts to substitute their judgment for that 295 00:20:51,080 --> 00:20:55,359 Speaker 2: of the elected executive, which by the way, is a 296 00:20:55,480 --> 00:21:01,240 Speaker 2: constitutional office, that's Article two, that has an independent authority 297 00:21:01,280 --> 00:21:06,120 Speaker 2: to interpret the Constitution and statutes passed by Congress, that 298 00:21:06,320 --> 00:21:12,359 Speaker 2: single functionary of the judicial branch has touched a live wire, 299 00:21:12,440 --> 00:21:18,879 Speaker 2: a live hot wire of the separation of powers. This 300 00:21:19,040 --> 00:21:22,920 Speaker 2: judge wrote a thirty one page opinion, and that opinion 301 00:21:23,000 --> 00:21:28,399 Speaker 2: leans almost entirely on a previous Ninth Circuit decision in 302 00:21:28,480 --> 00:21:33,439 Speaker 2: a case called Newsom versus Trump. That case was only 303 00:21:33,480 --> 00:21:37,600 Speaker 2: decided back on June nineteenth, and that decision granted a 304 00:21:37,880 --> 00:21:44,280 Speaker 2: Department of Justice motion for an emergency stay of a 305 00:21:44,359 --> 00:21:49,080 Speaker 2: temporary restraining order issued by that San Francisco federal judge 306 00:21:49,359 --> 00:21:53,520 Speaker 2: who came to the same conclusions as Judge Immigrant Immigrant. 307 00:21:54,320 --> 00:21:56,960 Speaker 2: That judge in San Francisco we talked about this last week, 308 00:21:58,760 --> 00:22:01,679 Speaker 2: held that Trump's call up the California National Guard was 309 00:22:01,760 --> 00:22:05,640 Speaker 2: unlawful almost for all the same reasons that Judge Immergut 310 00:22:05,800 --> 00:22:11,520 Speaker 2: in her decision writes about. But what Judge Immergut did 311 00:22:12,480 --> 00:22:17,600 Speaker 2: was to take the specific shortcomings of Judge Brier, the 312 00:22:17,640 --> 00:22:22,679 Speaker 2: San Francisco judge, that were highlighted in Newsom versus Trump, 313 00:22:23,400 --> 00:22:26,480 Speaker 2: and wrote her opinion so that it avoided the problems 314 00:22:26,800 --> 00:22:32,040 Speaker 2: that the Ninth Circuit found with Judge Brier's decision. You 315 00:22:32,080 --> 00:22:36,080 Speaker 2: don't have to be a legal brilliant legal scholar, and 316 00:22:36,119 --> 00:22:41,000 Speaker 2: no brilliant legal insights are necessary to do that. If 317 00:22:41,040 --> 00:22:44,760 Speaker 2: the Ninth Circuit says, I must find ABC to be true, 318 00:22:45,520 --> 00:22:48,800 Speaker 2: so I hereby determine, on the facts presented to me 319 00:22:49,320 --> 00:22:54,680 Speaker 2: that ABC is true you're simply almost cut and pasting 320 00:22:54,760 --> 00:23:00,320 Speaker 2: the Ninth Circuit's opinion to apply to your circumstances. And 321 00:23:00,359 --> 00:23:05,320 Speaker 2: I think that's what she was doing after granting the 322 00:23:05,400 --> 00:23:08,840 Speaker 2: stay on Judge Briar. That's the San Francisco judge, after 323 00:23:08,880 --> 00:23:13,640 Speaker 2: granting the stay on Judge Briar's temporary restraining order. Now 324 00:23:13,720 --> 00:23:16,720 Speaker 2: what do I mean granting a stay on the temporary 325 00:23:16,760 --> 00:23:20,760 Speaker 2: restraining order? So if if Judge Briar enters, if the 326 00:23:20,800 --> 00:23:25,399 Speaker 2: San Francisco Judge enters a temporary restraining order and the 327 00:23:25,560 --> 00:23:29,399 Speaker 2: Ninth Circuit stays that, it means the Ninth Circuit says, 328 00:23:29,440 --> 00:23:33,840 Speaker 2: you cannot enforce that until we hear the case. And 329 00:23:33,880 --> 00:23:36,880 Speaker 2: that's what they did. And then the Ninth Circuit set 330 00:23:36,920 --> 00:23:41,280 Speaker 2: the case for a full briefing schedule to be followed 331 00:23:41,359 --> 00:23:46,560 Speaker 2: up probably by oral arguments before the same three judge 332 00:23:46,600 --> 00:23:54,040 Speaker 2: panel who handled the stay. The Department of Justice opening 333 00:23:54,080 --> 00:23:58,640 Speaker 2: brief was filed in July twenty second. The opposition brief 334 00:23:58,640 --> 00:24:03,359 Speaker 2: filed by Newsom appeared on September third, and then the 335 00:24:03,440 --> 00:24:07,840 Speaker 2: reply to the Newsom brief was filed September twenty third. 336 00:24:09,320 --> 00:24:11,320 Speaker 2: I point that out so that you understand that the 337 00:24:11,400 --> 00:24:15,239 Speaker 2: briefing on the actual appeal in Newsom versus Trump was 338 00:24:15,280 --> 00:24:17,480 Speaker 2: completed just two weeks ago. 339 00:24:18,960 --> 00:24:19,760 Speaker 3: Just the briefing. 340 00:24:20,680 --> 00:24:23,920 Speaker 2: Now, whether or not another oral argument is necessary, well, 341 00:24:23,920 --> 00:24:26,879 Speaker 2: that's up to the Ninth Circuit panel that's considering that 342 00:24:26,920 --> 00:24:27,920 Speaker 2: particular appeal. 343 00:24:28,680 --> 00:24:28,880 Speaker 3: Now. 344 00:24:28,920 --> 00:24:33,560 Speaker 2: In addition, back on July eleventh, there was a docket 345 00:24:33,720 --> 00:24:37,200 Speaker 2: entry that just means the judge made the judge told 346 00:24:37,200 --> 00:24:42,080 Speaker 2: the clerk make a notation on the docket, and that 347 00:24:42,240 --> 00:24:45,840 Speaker 2: docket entry noted that a single judge of the Ninth 348 00:24:45,880 --> 00:24:49,679 Speaker 2: Circuit had called for a vote of all of the 349 00:24:49,720 --> 00:24:53,080 Speaker 2: full time judges as to whether the order granting the 350 00:24:53,119 --> 00:24:56,800 Speaker 2: state should be reviewed by the on bunk court, meaning 351 00:24:56,840 --> 00:25:00,360 Speaker 2: the entire Ninth Circuit, not just a three judge panel 352 00:25:00,560 --> 00:25:03,080 Speaker 2: in the Ninth Circuit. That actually means a panel of 353 00:25:03,280 --> 00:25:06,760 Speaker 2: eleven Circuit judges, because there are eleven judges in the 354 00:25:06,840 --> 00:25:10,640 Speaker 2: Ninth Circuit, So that means that a panel of eleven 355 00:25:10,760 --> 00:25:16,520 Speaker 2: judges would rehear the case and decided anew Now, so 356 00:25:16,640 --> 00:25:18,960 Speaker 2: far as I could tell from the docket of that case, 357 00:25:19,359 --> 00:25:21,800 Speaker 2: the outcome of that vote has not yet been published. 358 00:25:22,320 --> 00:25:26,399 Speaker 2: So for now, the decision relied upon by this judge 359 00:25:26,400 --> 00:25:30,359 Speaker 2: in Oregon remains good law, but it could change at 360 00:25:30,400 --> 00:25:36,040 Speaker 2: any moment based upon the entire Eleventh Circuit decision, which 361 00:25:36,080 --> 00:25:38,080 Speaker 2: could come about any day, but which has not come 362 00:25:38,119 --> 00:25:43,840 Speaker 2: about yet. So she's relying on and she's on some 363 00:25:44,680 --> 00:25:50,760 Speaker 2: solid legal ground because until the Eleventh Circuit either reverses 364 00:25:51,080 --> 00:25:56,160 Speaker 2: or upholds the original decision to stay that temporary restraining order, 365 00:25:57,840 --> 00:26:03,320 Speaker 2: that means that that final decision is sort of final, 366 00:26:03,640 --> 00:26:06,399 Speaker 2: if I could use those terms, it's sort of final 367 00:26:06,760 --> 00:26:11,560 Speaker 2: until the entire eleven panel judge judges of the of 368 00:26:11,600 --> 00:26:15,240 Speaker 2: the Ninth Circuit make their decision, which could uphold it 369 00:26:15,359 --> 00:26:18,200 Speaker 2: or could reverse it, or it could uphold them part 370 00:26:18,240 --> 00:26:20,960 Speaker 2: and reverse in part, if they could do any number 371 00:26:21,000 --> 00:26:25,920 Speaker 2: of things. Before getting to the key parts of Trump 372 00:26:26,000 --> 00:26:29,440 Speaker 2: newsom versus Trump opinion, which is the one that Judge 373 00:26:29,440 --> 00:26:35,040 Speaker 2: Emmergut in Oregon relied on. I think it's worth you 374 00:26:35,119 --> 00:26:39,480 Speaker 2: understanding the issues involved in the dispute over presidential authority 375 00:26:39,520 --> 00:26:43,400 Speaker 2: to call it the National Guard. It's granted to him 376 00:26:44,160 --> 00:26:49,359 Speaker 2: by Congress by statute in ten US Code section twelve 377 00:26:49,359 --> 00:26:55,280 Speaker 2: four oh six. Here's the text of twelve four to 378 00:26:55,320 --> 00:27:00,000 Speaker 2: oh six in its entirety. Just let me read you 379 00:27:00,080 --> 00:27:04,280 Speaker 2: a statute. Whenever the United States or any of the 380 00:27:04,359 --> 00:27:08,000 Speaker 2: commonwealth or possessions is invaded or is in danger of 381 00:27:08,040 --> 00:27:12,440 Speaker 2: invasion by a foreign nation. Number one. Number two. Whenever 382 00:27:12,920 --> 00:27:15,879 Speaker 2: there is a rebellion or danger of a rebellion against 383 00:27:15,880 --> 00:27:18,800 Speaker 2: the authority of the government of the United States, that's. 384 00:27:18,680 --> 00:27:20,880 Speaker 3: Number two or number three. 385 00:27:21,520 --> 00:27:25,679 Speaker 2: Whenever the President is unable with the regular forces to 386 00:27:25,800 --> 00:27:30,440 Speaker 2: execute the laws of the United States, then the President 387 00:27:30,560 --> 00:27:33,600 Speaker 2: may call into Federal Service members and units of the 388 00:27:33,680 --> 00:27:38,760 Speaker 2: National Guard of any state, in such numbers as he 389 00:27:38,880 --> 00:27:44,879 Speaker 2: considers necessary to repel the invasion, suppress the rebellion, or 390 00:27:45,000 --> 00:27:50,320 Speaker 2: execute those laws. Orders for these purposes shall be issued 391 00:27:50,359 --> 00:27:53,600 Speaker 2: through the governors of the states, or, in the case 392 00:27:53,640 --> 00:27:56,920 Speaker 2: of the District of Columbia, through the Commanding General of 393 00:27:56,920 --> 00:28:00,920 Speaker 2: the National Guard of the District of Columbia. Now, as 394 00:28:01,800 --> 00:28:06,520 Speaker 2: was true in the California case Newsom versus Trump only 395 00:28:07,320 --> 00:28:12,240 Speaker 2: sub paragraph three is the part of the statute at issue. Again, 396 00:28:12,320 --> 00:28:15,639 Speaker 2: let me tell you what it says. Whenever the President 397 00:28:15,760 --> 00:28:20,359 Speaker 2: is unable with the regular forces to execute the laws 398 00:28:20,400 --> 00:28:24,000 Speaker 2: of the United States, he can call into Federal Service 399 00:28:24,359 --> 00:28:27,639 Speaker 2: members and units of the National Guard of any state 400 00:28:28,480 --> 00:28:30,520 Speaker 2: in such numbers as he considers. 401 00:28:30,080 --> 00:28:33,399 Speaker 3: Necessary to execute those laws. 402 00:28:36,920 --> 00:28:42,000 Speaker 2: In his decision that President Trump had not properly invoked 403 00:28:42,040 --> 00:28:47,600 Speaker 2: that provision, the judge in San Francisco simply just dismissed 404 00:28:47,640 --> 00:28:51,560 Speaker 2: the views of the executive on whether the conditions, the 405 00:28:51,720 --> 00:28:56,880 Speaker 2: exigent the required conditions existed. What he did was he 406 00:28:56,960 --> 00:29:01,520 Speaker 2: substituted his own conclusions with respect to the situation on 407 00:29:01,560 --> 00:29:04,680 Speaker 2: the ground in southern California on the issue of whether 408 00:29:05,080 --> 00:29:09,960 Speaker 2: regular forces were sufficient to execute the immigration laws, as 409 00:29:10,000 --> 00:29:11,960 Speaker 2: well as determining that the order to call off the 410 00:29:11,960 --> 00:29:16,000 Speaker 2: California National Guard had not probably been quote issued through 411 00:29:16,600 --> 00:29:21,920 Speaker 2: the office of the California Governor Gavin Newsom. The Ninth 412 00:29:21,960 --> 00:29:26,680 Speaker 2: Circuit's opinion granting the stay of the San Francisco's temporary 413 00:29:26,720 --> 00:29:31,240 Speaker 2: restraining order made a certain observation about that section I 414 00:29:31,400 --> 00:29:34,760 Speaker 2: just read you and the president's authority to invoke its 415 00:29:34,800 --> 00:29:38,720 Speaker 2: provision on it as a basis to federalized States National Guard. 416 00:29:39,000 --> 00:29:41,320 Speaker 2: When we get back, let me tell you what the 417 00:29:41,400 --> 00:29:45,080 Speaker 2: Ninth Circuit opinion says about that issue. 418 00:29:45,600 --> 00:29:49,800 Speaker 4: Next, Michael, I heard your comment that we have three 419 00:29:49,840 --> 00:29:53,560 Speaker 4: branches of government, and the judge that stopped President Trump 420 00:29:54,280 --> 00:29:58,840 Speaker 4: from bringing the National Guard troops to Portland is one 421 00:29:58,880 --> 00:30:02,240 Speaker 4: branch of government. But how does one judge have the 422 00:30:02,240 --> 00:30:05,520 Speaker 4: same power as the president of the United States. 423 00:30:08,800 --> 00:30:12,240 Speaker 2: Can we reserve the answer to that question to after 424 00:30:12,280 --> 00:30:16,320 Speaker 2: the top of the hour because I answered that earlier, 425 00:30:16,360 --> 00:30:20,520 Speaker 2: but I obviously used too much legal ease, So let 426 00:30:20,520 --> 00:30:24,360 Speaker 2: me describe that when we get back, because I'm not 427 00:30:24,360 --> 00:30:28,920 Speaker 2: gonna be able to finish this in this segment. But 428 00:30:29,040 --> 00:30:30,800 Speaker 2: rather than I told you, I was going to tell 429 00:30:30,840 --> 00:30:35,400 Speaker 2: you exactly what the Ninth Circuit wrote, but I think 430 00:30:35,440 --> 00:30:40,440 Speaker 2: based on that, let me paraphrase it and said. What 431 00:30:40,480 --> 00:30:46,520 Speaker 2: the Ninth Circuit opinion said was that California concedes that 432 00:30:46,560 --> 00:30:52,360 Speaker 2: the National Guard members, if validly federalized, may be deployed 433 00:30:52,400 --> 00:30:58,080 Speaker 2: to protect federal personnel and federal property. The District Court 434 00:30:58,320 --> 00:31:03,959 Speaker 2: in San Francisco determined that California presented zero evidence at 435 00:31:03,960 --> 00:31:07,760 Speaker 2: the hearing on the restraining order that National Guard members 436 00:31:08,080 --> 00:31:12,560 Speaker 2: were engaged in any other activities other than being deployed 437 00:31:12,600 --> 00:31:17,000 Speaker 2: to protect federal personnel and property, and that California did 438 00:31:17,040 --> 00:31:18,440 Speaker 2: not contest that determination. 439 00:31:20,440 --> 00:31:23,160 Speaker 3: In other words, the Ninth Circuit. 440 00:31:22,840 --> 00:31:27,840 Speaker 2: Opinion that the three panel judge that did the original 441 00:31:27,880 --> 00:31:32,720 Speaker 2: opinion said, wait a minute, you're not contesting that they're 442 00:31:32,720 --> 00:31:35,400 Speaker 2: doing anything other than what they're allowed to do under 443 00:31:35,400 --> 00:31:38,960 Speaker 2: the statute. And you're not even contesting that they were 444 00:31:39,320 --> 00:31:42,720 Speaker 2: federalized as they are allowed to do under the statute. 445 00:31:43,400 --> 00:31:47,880 Speaker 2: And you did not contest any of those determinations, which 446 00:31:47,920 --> 00:31:51,760 Speaker 2: is why they stayed or set aside the restraining order 447 00:31:52,080 --> 00:31:57,000 Speaker 2: from the judge in San Francisco. Now this is significant 448 00:31:57,680 --> 00:32:01,080 Speaker 2: because among the key distinctions between the California case and 449 00:32:01,120 --> 00:32:06,719 Speaker 2: the Oregon case is this, in Oregon, the National Guard 450 00:32:07,440 --> 00:32:14,000 Speaker 2: has not even been deployed yet. In other words, a 451 00:32:14,120 --> 00:32:20,040 Speaker 2: federal trial judge before anything's even happened. The only thing 452 00:32:20,080 --> 00:32:24,760 Speaker 2: that's happened is they were federalized by an order from 453 00:32:24,840 --> 00:32:29,280 Speaker 2: the Secretary of War Pete Hegsath on September twenty eighth. 454 00:32:29,560 --> 00:32:31,520 Speaker 2: But at least as as far as I can tell 455 00:32:31,600 --> 00:32:36,640 Speaker 2: right now, they're only just now beginning to specialized training 456 00:32:37,280 --> 00:32:41,400 Speaker 2: for possible deployment so that they know how to integrate 457 00:32:41,480 --> 00:32:46,560 Speaker 2: with and help ICE do their job in Oregon. In 458 00:32:46,600 --> 00:32:50,960 Speaker 2: other words, they're still on base, they're still through HQ, 459 00:32:51,480 --> 00:32:57,320 Speaker 2: they're still going through the specialized training. They've only been activated, 460 00:32:58,320 --> 00:33:04,040 Speaker 2: they haven't technically been deployed into the field. Yet and 461 00:33:04,120 --> 00:33:06,280 Speaker 2: yet this judge is already saying you can't do that. 462 00:33:06,920 --> 00:33:09,160 Speaker 3: Well, how do you even know what they're being trained 463 00:33:09,160 --> 00:33:11,200 Speaker 3: to do? How do you even know what the order 464 00:33:11,320 --> 00:33:11,840 Speaker 3: is about? 465 00:33:11,920 --> 00:33:15,800 Speaker 2: Once they get into let's say Portland, what are they 466 00:33:15,840 --> 00:33:23,200 Speaker 2: actually doing? She jumped the gun. But let's go back 467 00:33:23,200 --> 00:33:27,720 Speaker 2: to your question about Wait a minute, she's a Article 468 00:33:27,760 --> 00:33:29,280 Speaker 2: three judge. How does she have this power? 469 00:33:29,680 --> 00:33:30,600 Speaker 3: It's a great question.