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Speaker 1: Twenty seven million people without health insurance. I thought Obamacare

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Speaker 1: was supposed to have fight health insurance for everybody despite

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Speaker 1: my insurance quintupling or was it more than that between

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Speaker 1: the time Obamacare started today?

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Speaker 2: Well, I think your alignce like a poop because it's

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Speaker 2: called the Affordable Care Act, so you can afford it.

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Speaker 3: Yeah, so just back off.

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Speaker 2: Buco, no calling into this program and this sing Obamacare

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Speaker 2: good grief.

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Speaker 3: Yeah, it'd be nice.

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Speaker 2: I'm since week usually can't get things to work on

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Speaker 2: a day to day basis. How could I possibly expect

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Speaker 2: that we could go back in our archives and find

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Speaker 2: out what I was talking about during the Obama administration

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Speaker 2: about the Affordable Care Act?

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Speaker 3: Could you look that up for me? Dragon? Could you

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Speaker 3: pull that up off the archive?

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Speaker 4: Well, if they did anything like for you that they

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Speaker 4: did for me. As soon as I was fired, they

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Speaker 4: deleted my audio folder. Oh so they may have done

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Speaker 4: that for you as well.

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Speaker 2: Oh oh, or they never started one for me too.

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Speaker 2: They're like they're like, you know, when I signed my

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Speaker 2: first contract, they're like.

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Speaker 3: This guy's not gonna last or don't exactly. Yeah, I

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Speaker 3: don't say anything, don't save anything. Yeah, I think sometimes

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Speaker 3: they just don't realize. I realize I'm here.

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Speaker 5: They just that's the way we like it.

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Speaker 3: I know, I love it. I love it.

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Speaker 2: So in the United States District Court for the Northern

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Speaker 2: District of California, the San Francisco Division, there is a

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Speaker 2: lawsuit filed. The caption for the lawsuit, which is basically

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Speaker 2: the title of the lawsuit, is this American Federation of

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Speaker 2: Government Employees that's the AFGE a fl CIO AFGE Local

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Speaker 2: twelve thirty six, AFG Local thirty one seventy two American

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Speaker 2: Federation of State County Municipal Employees AFLCI plaintiffs versus United

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Speaker 2: States Office of Management and Budget Russell vote in his

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Speaker 2: official capacity. This is a complaint for declaratory and injunctive

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Speaker 2: relief under the Administrator's Procedure Act. A complaint for declaratory

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Speaker 2: and injunctive relief is a lawsuit in which you are

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Speaker 2: asking the court to declare that, in layman's terms, your

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Speaker 2: interpretation and application of the law is the way you

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Speaker 2: say it is and should be, versus the way that

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Speaker 2: the defendants in this case, Omb and Russell vote the

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Speaker 2: way they say should be. And of course, the injunctive

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Speaker 2: relief is to stop the Office of Management and Budget

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Speaker 2: and Russell Vote in his official capacity, from moving forward

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Speaker 2: with doing anything that you know might cause them their

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Speaker 2: alleged harm. This lawsuit is the latest round of lawfare,

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Speaker 2: and this one was launched against the Trump administrations planning

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Speaker 2: for riffs reductions in force.

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Speaker 3: As has now happened, and as we speak, is now happening.

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Speaker 3: Why is it happening right now.

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Speaker 2: Because Congress failed to appropriate money for the payment of

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Speaker 2: government workers' salaries beyond the end of the fiscal year,

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Speaker 2: which was September thirty, twenty twenty five, two days ago. Now,

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Speaker 2: this is an area of law, just a small caveat here.

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Speaker 2: This is an area of law that I had to

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Speaker 2: deal with when I was the General Counsel at FEMA.

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Speaker 2: But I had very highly specialized trained lawyers to deal

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Speaker 2: with this area of the law, and I just kind

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Speaker 2: of oversaw it. So I don't claim to be an

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Speaker 2: expert in this area. But I is a lawyer, and

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Speaker 2: because I is a lawyer, that gives me free rein

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Speaker 2: to talk about whatever I want to talk about.

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Speaker 3: So they're back my hands now.

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Speaker 2: In anticipation of how to deal with and respond to

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Speaker 2: a failure to fund. OMB has directed every executive department

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Speaker 2: and agency to review their employee workforce and then to

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Speaker 2: make preliminary plans to evaluate the continuing necessity of these

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Speaker 2: now unfunded positions that they deem are not essential to

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Speaker 2: government operations. Drag and I are a team of two,

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Speaker 2: I suppose, if which is why I've never ever In fact,

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Speaker 2: we were having a conversation this morning about a problem

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Speaker 2: with the app that some of you have reported and

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Speaker 2: a problem with the feed from Freedom for the nationally

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Speaker 2: syndicated program, in which mister Redbeard, the producer, starts rattling

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Speaker 2: off acronyms and names and stuff, and I'm totally bewildered

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Speaker 2: by everything he's talking about.

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Speaker 5: You did start looking like a monkey doing a math problem.

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Speaker 2: Well, and and you might as well have been speaking.

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Speaker 2: I don't know lap Vin to me or something, because

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Speaker 2: I didn't get it. Now I have purposely never wanted to.

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Speaker 2: In fact, when I started doing the nationally syndicated program,

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Speaker 2: they actually assigned Now my producer is in Los Angeles.

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Speaker 3: In in LA.

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Speaker 2: But the company assigned an engineer temporarily until I can

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Speaker 2: learn how to.

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Speaker 3: Literally push three buttons.

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Speaker 5: I have to twist a knob. Just to twist.

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Speaker 2: Anobob, I have to twist a nob and I have

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Speaker 2: to push three buttons. The the third button, I then

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Speaker 2: have to twist the knob to connect to a certain

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Speaker 2: How would you describe that?

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Speaker 3: Dragging the icess?

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Speaker 2: This is the internet connection. Yeah, it's just it's it's

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Speaker 2: a fancy internet connection. Yeah, that connects me directly to

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Speaker 2: sherman Os. And so that took that took for me

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Speaker 2: to feel comfortable with it. It took about three weeks

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Speaker 2: for me to feel comfortable with it. That's all I know.

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Speaker 3: All I know, and I don't want to know anymore.

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Speaker 2: Because you take a guy like Ryan who is started

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Speaker 2: out as a producer, does he do it? How often

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Speaker 2: do you think he does a show?

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Speaker 3: Back?

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Speaker 4: There at least once a week right now because of

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Speaker 4: the football season.

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Speaker 3: Oh okay, and that's because Shannon's not.

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Speaker 4: Around, correct, Shannon has to do this thing and Zack

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Speaker 4: has to go do that thing.

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Speaker 3: And so there's nobody else.

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Speaker 2: Correct, So Ryan has to produce his show at the

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Speaker 2: same time that he's delivering his show.

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Speaker 3: Now.

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Speaker 2: I don't know that I could do that now obviously

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Speaker 2: if Ryan could do it, Because Ryan's a dumb ass

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Speaker 2: Let's be honest.

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Speaker 4: Well, let's face it, you can barely do a double

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Speaker 4: click on your own computer exactly.

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Speaker 3: That's exactly why.

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Speaker 2: And I embrace my radio technology incompetence. And the reason

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Speaker 2: I do is because I don't want to learn Dragon's

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Speaker 2: job because if they did a reduction in force. Well,

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Speaker 2: now here's the sad thing. Dragons prove proven that he

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Speaker 2: could do taxpayer relief shots. Yes, so you could just

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Speaker 2: have the Dragon Redbeard taxpayer relief shot show. Actually, I

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Speaker 2: need to be careful about it because many people may say, well,

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Speaker 2: that'd be better what we get.

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Speaker 3: Now he could.

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Speaker 2: He could actually sit back there and just do I

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Speaker 2: assume you did the tax payer release shots back there.

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Speaker 5: Yeah, it's cause you did.

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Speaker 2: Why wouldn't you? So they could do a reduction in

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Speaker 2: force and just reduce this program to one person. But

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Speaker 2: if they wanted to reduce it to me, they'd have

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Speaker 2: to train me to be a button monkey like he is,

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Speaker 2: which is what cal Derek calls him. I call them

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Speaker 2: producers because I have the utmost respect for them, because

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Speaker 2: if I don't show respect for them, is like glance

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Speaker 2: at my microphone. Huh, my microphone could go off at

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Speaker 2: any moment, and you would hear a word I say,

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Speaker 2: I just I heard it click, But I still see

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Speaker 2: a blue light, so I think, I'm.

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Speaker 5: Yeah, you're fine, don't worry.

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Speaker 2: Yeah, of course I am working, because you also have

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Speaker 2: the you have the slight.

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Speaker 5: Oh yeah, I could still be on the exactly exactly.

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Speaker 2: So if you're hearing something of a podcast or right now,

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Speaker 2: you think there's a you know the towers down, well

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Speaker 2: the tower may be down for all we know, because

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Speaker 2: I don't take them thirty days to figure out that all.

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Speaker 5: The tower's down to we need a new hamster.

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Speaker 3: That's right.

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Speaker 2: The reason I point all of that out is what

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Speaker 2: is essential government operations? I think go back to my

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Speaker 2: very first few months in DC as General Counsel, having

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Speaker 2: huge staff of lawyers, some doubt only with freedom of

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Speaker 2: information acting. Some were program lawyers that dealt with different

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Speaker 2: at different programs. They dealt with flood insurance, they dealt

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Speaker 2: with they dealt with legislation. They had lawyers did nothing

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Speaker 2: but helped write legislation. So they were all very specialized.

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Speaker 2: Some of them probably could overlap and some like say

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Speaker 2: for your requests, you have to have a lawyer review

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Speaker 2: for your requests do you need.

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Speaker 3: Five of them or ten of them?

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Speaker 2: No, because there's really no I mean, it has to

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Speaker 2: be reasonable, but there's no timeline that says you have

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Speaker 2: to answer a full your request within two days. So

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Speaker 2: you get rid of all but one for your lawyer,

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Speaker 2: because the others are unnecessary. They're not essential, they're not

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Speaker 2: absolutely essential. The Anti Deficiency Act, I'm going to refer

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Speaker 2: to it as the ADA, so I don't have to

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Speaker 2: say Anti Deficiency Act every time. Not the Merorgans with

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Speaker 2: Disabilities Act. This is the Anti Deficiency Act. That Act

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Speaker 2: prohibits executive branch officials from creating or authorizing any obligation

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Speaker 2: to spend in excess of the money available, or authorizing

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Speaker 2: or creating any obligation in advance of appropriations, unless the

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Speaker 2: law specifies otherwise. This is a mechanism to control federal

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Speaker 2: spending by stopping the agencies from overspending or committing taxpayer

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Speaker 2: money that has not been appropriated by Congress. It includes

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Speaker 2: spending on government employee salaries, but Congress has provided in

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Speaker 2: other statutes that some government employment positions are essential to

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Speaker 2: the health and welfare of you and me. It's kind

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Speaker 2: of scary. He isn't to think that some government employees

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Speaker 2: are essential to our health and welfare.

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Speaker 3: But they are. I don't want to board an airplane and.

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Speaker 2: Have nobody in the in the towers or in the

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Speaker 2: regional control centers. I want people who actually looking at

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Speaker 2: radar and telling, you know, a flight to descend to

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Speaker 2: you know, thirty one hundred or whatever. That's what I want.

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Speaker 2: I want. I want ICE agents to continue. I think

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Speaker 2: they're essential. I can't hear them throw in the word firefighters,

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Speaker 2: the only federal Maybe I haven't looked at this. I

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Speaker 2: was just thinking about it. I've heard firefighters mentioned as essential,

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Speaker 2: but I don't know of any federal firefighters other than

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Speaker 2: the smoke jumpers that we have up in Boise to

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Speaker 2: fight wildland fires. So I'm not sure what they're talking

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Speaker 2: about unless we've got because, for example, at the White House,

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Speaker 2: the firefighting outfit that's there comes from the DC Fire Department,

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Speaker 2: from the district Fire Department. They're municipal workers. Anyway. The

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Speaker 2: point is Congress has provided the summary essential, and those

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Speaker 2: statues provide authorization under the ADA to incur those salary

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Speaker 2: obligations to those employees even in the absence of appropriated funds.

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Speaker 2: The best example I think is ATC their traffic control

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Speaker 2: or the US military, or for that matter, FBI agents

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Speaker 2: or ICE agents who are engaged in law enforcement.

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Speaker 3: But for non.

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Speaker 2: Essential government employees, well sucks to be you. Now some

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Speaker 2: reported estimates. You can find almost any number you want to,

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Speaker 2: but I would say that the most general reported estimate

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Speaker 2: are that as many as three hundred thousand non essential,

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Speaker 2: unfunded positions might be subject to being eliminated under the

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Speaker 2: review process that was that was ordered by Russ Vote.

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Speaker 2: Who's the director of Office of Management and Budget and

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Speaker 2: who is which and who is the subject of this

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Speaker 2: lawsuit in San Francisco. The lawsuit that I just referenced

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Speaker 2: was filed last night in the U. S District over

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Speaker 2: for the Northern District of California. As I said, in

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Speaker 2: the San Francisco Division, an anti Trump law fair favorite

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Speaker 2: by two unions that represent federal employees that have been

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Speaker 2: deemed non essential by statute, not by russ Vote deciding

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Speaker 2: on his own that they're non essential. But let me

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Speaker 2: make that clear, represented by unions that represent federal employees

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Speaker 2: that are deemed non essential by law, not by discretion,

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Speaker 2: not because russ Vote had had a list of employees

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Speaker 2: and said, Okay, you're essential, you're non essential, you know

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Speaker 2: not not that this is statute. Now, the relief that

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Speaker 2: they're trying to get in this lawsuit is as follows.

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Speaker 2: There are four things they're asking for. Declare that obm

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Speaker 2: OBI DYSLEXI. Declare that OMB ANDPM Office of Personnel Management.

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Speaker 2: Declare that have the judge declare that they exceeded their

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Speaker 2: statutory authority. They acted contrary to law. They acted in

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Speaker 2: an arbitrary and capricious manner in issuing the Office of

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Speaker 2: Management Budget Lapse Memorandum and the associated OPM guidance and instructions.

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Speaker 2: Two to vacate, to hold to set aside, hold unlawful,

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Speaker 2: and to stop the OMB Lapse Memorandum and the portions

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Speaker 2: of the guidance and instructions that authorize or at least

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Speaker 2: purport to authorize administration of riffs reductions enforced during a shutdown.

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Speaker 2: As well as, and this is the catch all phrase,

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Speaker 2: any and all actions take in pursuit to five US

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Speaker 2: Code Section seven oh five and seven oh six three

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Speaker 2: and four are to interpriminary and permanent injunctive relief and

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Speaker 2: of course, to get their attorney's fees, their costs, and

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Speaker 2: other disbursements as appropriate. The goal the goal of this

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Speaker 2: lawfare is to find the sympathetic judge, obviously in San Francisco,

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Speaker 2: who will find some defect in RUSS votes directions to

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Speaker 2: the department, agency, department and agency heads to simply review

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Speaker 2: their workforce needs by considering the need to keep the

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Speaker 2: non essential positions that no longer exist now that they

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Speaker 2: are unfunded. In other words, look at your employees. Look

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Speaker 2: at everybody who's been unfunded. Now you are given discretion

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Speaker 2: to decide whether or not the five them employees in

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Speaker 2: that program office are all necessary. Maybe one or two are,

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Speaker 2: but three aren't. The way to look at it is

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Speaker 2: they have authorized. OMB has authorized the Department and eight

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Speaker 2: of departments and agencies. Since you have no appropriations to

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Speaker 2: pay salaries, go look at every non essential employee and

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Speaker 2: see whether they're really needed or not. Now, the government

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Speaker 2: has been running on a series You know, I should

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Speaker 2: have mentioned this in the first hour. But the other

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Speaker 2: thing you need to understand about this particular CR is

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Speaker 2: that it's just a continuation of previous crs because the

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Speaker 2: federal government has been running on a series of continuing

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Speaker 2: resolutions that authorize the payment of salaries up to September thirtieth,

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Speaker 2: a couple of days ago, go back to September twenty five,

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Speaker 2: twenty two twenty four, Biden signed a CR that funded

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Speaker 2: operations at the same funding levels as fiscal year twenty

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Speaker 2: twenty four through December twenty twenty four. On December twenty one,

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Speaker 2: twenty twenty four, Biden signed another CR extending funding for

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Speaker 2: government operations to March fourteenth of this year. On March

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Speaker 2: fifteenth of this year, Trump signed a CR extending funding

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Speaker 2: operations to September thirty of this year. It's been CR

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Speaker 2: after CR after CR. In other words, Congress has not

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Speaker 2: been doing its job of passing appropriations bills and actually having.

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Speaker 3: A federal budget.

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Speaker 6: Michael Tom from South Dakota calling about the government shutdown

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Speaker 6: and Trump truly is a threat to democracy. The shrine

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Speaker 6: to democracy last night didn't light up and it was

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Speaker 6: dark in South Dakota. Can you help me with a

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Speaker 6: GoFundMe to raise enough money to pay the guy to

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Speaker 6: flip the switch to light up the sky with the

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Speaker 6: shrine to democracy. Jesus, this is hard on us in

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Speaker 6: South Dakota.

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Speaker 3: I'm really disappointed in him.

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Speaker 2: Exactly told him what to do. He didn't even reference

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Speaker 2: the fact that I told him to go deck Cabella's

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Speaker 2: or someplace. And the home depot, I don't know, maybe

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Speaker 2: you know, it's so backwards they don't have one. I

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Speaker 2: didn't think about that. Walmart, the Walmarts whenever Walmart's like

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Speaker 2: a Starbucks, they're everywhere. Buy a couple of flashlights and

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Speaker 2: go over the railing, lean over, shine the lights on

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Speaker 2: the shine the light, you know, find TRS glasses, find

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Speaker 2: Washington's big nose, and shine the lights. Zone problem solved.

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Speaker 5: Make sure you look for Biden on that too, because.

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Speaker 4: Nancy said that that's right, that he should should be

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Speaker 4: on Trump.

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Speaker 3: Yeah, yeah, look out for that.

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Speaker 2: Or you know, I guess the other advice would be,

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Speaker 2: and I don't give advice to break the law, but go.

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Speaker 3: Find the light switch, just turn it on.

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Speaker 5: There's a visitor center somewhere.

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Speaker 3: Yeah, just you know, go in.

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Speaker 2: I mean, you pay for it, So go in and

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Speaker 2: turn the light on, flip the switch. We've been operating

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Speaker 2: on CRS for years now, so what's in play is

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Speaker 2: simply an effort by the Trump administration to examine the

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Speaker 2: need for all the non essential government positions that are

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Speaker 2: unfunded as of yesterday, Does the shutdown provide a basis

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Speaker 2: to simply not bring back employees into their positions, or

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Speaker 2: can unfunded positions simply be eliminated as beyond the staffing

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Speaker 2: needs of the department of the agency where these non

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Speaker 2: essential personnel are employed well. The complaint referred to is

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Speaker 2: thirty one pages long. Yeah, I'm a sicko, I read

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Speaker 2: through it. These are the allegations. Some of the allegations

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Speaker 2: taken directly from the complaint from the lawsuit. OBM and OPM,

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Speaker 2: like other agencies, are governed by authorizing statutes. Congress has

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Speaker 2: not granted OMB or OPM the authority to order federal

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Speaker 2: agencies to downsize or reorganize themselves to assume final decision

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Speaker 2: making power by requiring agencies to submit such plans for

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Speaker 2: approval or to riff employees. Another section thirty one USC.

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Speaker 2: Section thirteen forty two allows an exception for services provided

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Speaker 2: in emergencies involving the safety of human life or the

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Speaker 2: protection of property, but that exception does not include ongoing

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Speaker 2: regular functions of government, the suspension of which would not

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Speaker 2: eminently threaten the safety of human life or their protection.

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Speaker 3: Of property. Another section argues.

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Speaker 2: That to comply with the ADA in the event of

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Speaker 2: the lapse and appropriations appropriations, agencies prepare shut down plans

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Speaker 2: or lapse plans that describe the process for shutting down

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Speaker 2: effective programs. These plans identify the employees accepted from furlough

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Speaker 2: under the ADA and specifying under which of the categories

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Speaker 2: of exceptions identified by the Department of Justice each employee

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Speaker 2: qualifies for. And it goes on and on and on.

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Speaker 2: I mean, there's like a dozen of these I would

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Speaker 2: read to you, but that's enough to get the to

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Speaker 2: kind of get the gist if that isn't clear to

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Speaker 2: you after hearing it, and I didn't.

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Speaker 3: Read all of them. Here's the upshot.

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Speaker 2: According to the Labor Union plaintiffs, the Trump administration, they argue,

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Speaker 2: simply cannot carry out a riff process as provided for

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Speaker 2: it by statute while the government is shut down because

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Speaker 2: the government employees who would carry out the riff process

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Speaker 2: are not exempted under the Anti Deficiency Act and cannot

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Speaker 2: therefore be performing the work necessary to have a riff

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Speaker 2: as directed by statute. You get the circular argument. They're saying,

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Speaker 2: wait a minute, you can't the statute authorizes riffs, but

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Speaker 2: you can't do a riff because the employees that are

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Speaker 2: not exempted cannot be performing any work to do the

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Speaker 2: riff because they're already furloughed because there's no money.

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Speaker 3: Well, wait a minute.

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Speaker 2: After the shutdown ends, the government can't engage in a

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Speaker 2: riff because all employees are back in their jobs and

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Speaker 2: they all enjoy the procedural protections before a riff could

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Speaker 2: be executed. It's the proverbial catch twenty two. The statutory

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Speaker 2: process for conducting a riff has provisions that requires certain

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Speaker 2: considerations in selecting the employees to be terminated, as well

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Speaker 2: as considerations relating to the order in which the employees

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Speaker 2: subject to a rift can be hired back. Now normally

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Speaker 2: normally in the real world, a riff is a numerical

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Speaker 2: reduction in force where the employees subject to being riffed

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Speaker 2: are determined based on certain factors. In this case addressed

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Speaker 2: in federal statute and in the OPM regulations. The statute

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Speaker 2: is Title five, Section thirty five oh two. Application of

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Speaker 2: that statute presupposes that all the requirements relating to if

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Speaker 2: a riff is necessary had been fulfilled and section thirty

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Speaker 2: five oh two and the related regulations specifying how a

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Speaker 2: riff is to be executed says this, the Office of

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Speaker 2: Personnel Management shall prescribe regulations for the release of competing

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Speaker 2: employees in a reduction in force which give due effect

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Speaker 2: to tenure, military presence, length of service, and efficiency or

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Speaker 2: performance ratings. So a riff is normally executed by reducing

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Speaker 2: the relevant workforce by twenty percent. Let's say, the process

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Speaker 2: for determining who's in the eighty percent that's retained and

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Speaker 2: who's in the twenty percent removed requires a consideration of

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Speaker 2: what groups of employees are competing against each other for

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Speaker 2: retention based on job responsibilities and those other four things tenure,

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Speaker 2: military preference, length of service, efficiency, or performance ratings. Now,

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Speaker 2: it might be that there's a particular position is subject

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Speaker 2: to riff, but the employee holding that position has a

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Speaker 2: retention advantage over another employee in a different but still

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Speaker 2: competing position. The employee's position is eliminated might have a

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Speaker 2: retention preference that allows that employee to stay employed, while

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Speaker 2: a second employee without the preference ends up being the

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Speaker 2: one terminated. For example, there's a preference for veterans there's

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Speaker 2: a preference for seniority in linked to service with linked

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Speaker 2: to service, including time served in the military, but is

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Speaker 2: a shutdown. The distinction between essential and non essential employees

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Speaker 2: is not subject to the same preference classifications. The employees

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Speaker 2: deemed essential because of the job functions they're reporting to

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Speaker 2: work as normal right now. Well, those whose job functions

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Speaker 2: are non essential are not reporting for duty right now.

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Speaker 2: So what the Trump administration is doing is simply trying

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Speaker 2: to evaluate the need for continuing those non essential positions,

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Speaker 2: not the employees in them. You get the distinction their value.

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Speaker 2: Do we need these positions? We're going to eliminate your

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Speaker 2: position because it's not necessary. Now take the game of

397
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Speaker 2: musical chairs. The music stops, the non essential employees return, well,

398
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Speaker 2: there might not be the same number of non essential

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Speaker 2: positions for them to fill. That is when the riff

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Speaker 2: process will happen. The competing employees are too numerous for

401
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Speaker 2: the jobs that remain. When Congress finally restores funding, and

402
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Speaker 2: there will be evaluation of the retention preferences that I

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Speaker 2: just outline those four preferences linked the service, military service,

404
00:27:06,920 --> 00:27:10,840
Speaker 2: et cetera. And then the regulations used to decide the

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00:27:10,880 --> 00:27:18,320
Speaker 2: employees who stay and those who removed. I know it's convoluted,

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00:27:19,240 --> 00:27:23,520
Speaker 2: but that's because Congress writes these laws and russ Vote

407
00:27:23,520 --> 00:27:29,439
Speaker 2: has done an amazing job of just threading that needle perfectly.

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00:27:31,680 --> 00:27:37,560
Speaker 2: The riffs are about the positions. So we don't have

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Speaker 2: money to fund non essential positions. So let's look at

410
00:27:42,760 --> 00:27:48,800
Speaker 2: which of those positions are necessary and not necessary. Let's

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Speaker 2: say we've had we got five positions. We determine that

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Speaker 2: in a really good way, three of them are unnecessary.

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Speaker 2: So those three positions are art done away with. He's

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Speaker 2: the freaking president of the United States of America. He's

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Speaker 2: in charge of the executive branch. He has the authority

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Speaker 2: to do so, to eliminate positions that he deems are unnecessary.

417
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Speaker 2: Of course, he has secretaries and under secretaries that make

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Speaker 2: that determination for him, and he has the omb that

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00:28:20,720 --> 00:28:24,160
Speaker 2: helps those agencies determine which ones are necessary and not necessary.

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Speaker 2: Now I said five positions, you determine three are unnecessary.

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00:28:30,920 --> 00:28:34,800
Speaker 2: When Congress restores funding, five employees show back up for work.

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00:28:36,119 --> 00:28:40,280
Speaker 2: That is when you riff them, and you riff them

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Speaker 2: based upon who has preferences. So you have no military experience,

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Speaker 2: You've only worked here for six months, and this other

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00:28:50,680 --> 00:28:55,600
Speaker 2: person has military experience and they've worked here for three years. Well,

426
00:28:56,480 --> 00:28:59,480
Speaker 2: doesn't take a rocket scientist figure out which one gets riffed.

427
00:29:01,120 --> 00:29:04,440
Speaker 2: And if you've eliminated three out of the five positions,

428
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Speaker 2: you'll do that for all three positions. In my opinion,

429
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Speaker 2: the plain is in this lawsuit five by the labor

430
00:29:14,480 --> 00:29:18,200
Speaker 2: unions on behalf of their members. I think the lawsuit

431
00:29:18,200 --> 00:29:19,080
Speaker 2: doesn't have standing.

432
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Speaker 3: You know why.

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00:29:21,440 --> 00:29:25,880
Speaker 2: Now Standing means that you brought this lawsuit because you

434
00:29:26,200 --> 00:29:31,200
Speaker 2: have standing, you have an immediate harm. Nobody is immediate

435
00:29:31,240 --> 00:29:34,840
Speaker 2: harm until you get riffed. Nobody's been riffed. We're talking

436
00:29:34,880 --> 00:29:39,160
Speaker 2: about eliminating positions. No one has been subject to a rift.

437
00:29:38,920 --> 00:29:41,880
Speaker 3: So there is no harm to address. Throw out the lawsuit.

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Speaker 7: Hey Mike, if the furloughed government employees are going to

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Speaker 7: get paid anyway, then all we're really doing is paying

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Speaker 7: them for a vacation. So if I get furloughed, I

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Speaker 7: don't get paid. And if I want to get paid,

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Speaker 7: if you vacation time. But if a government employee gets furloughed,

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Speaker 7: they still get paid, Yep, they do.

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Speaker 2: In fact, that's done via statute. So whether you're essential

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Speaker 2: or non essential, you're going to get paid. The difference

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Speaker 2: is the non essential people are sitting at home in

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Speaker 2: their boxer shorts, you know, watching Days of Our Lives,

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Speaker 2: and the essential employees are busy controlling their and defending

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Speaker 2: the nation and giving you a proctology examination out at

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Speaker 2: the airport. Interestingly, the Democrats themselves admit that they know

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Speaker 2: precisely what they're doing. This is Rotana, a Democrat. I

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Speaker 2: think he's from California.

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Speaker 8: In terms of healthcare, the reality is they're just not

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Speaker 8: being honest. The amount of money that actually is going

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Speaker 8: towards that people who are undocumented is such a small

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Speaker 8: portion of the Medicaid cuts or the Affordable Care Act,

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Speaker 8: if at all, And so we can argue that point.

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Speaker 8: But the reality that even the Vice President would acknowledge,

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Speaker 8: that anyone who looks at the numbers will acknowledge, is

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Speaker 8: ninety to ninety five percent of the funding we're talking

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Speaker 8: about is talking about funding for American citizens.

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Speaker 2: Okay, let's assume that he is correct, which I don't,

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Speaker 2: but let's assume that he's correct. You admit that whether

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Speaker 2: it's one thousand dollars or a bazillion dollars. You want

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Speaker 2: illegal aliens to get healthcare, and not only that, but

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Speaker 2: they're the ones that decided to shut it down.

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Speaker 3: This is Congressman shre Thanador.

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Speaker 8: Returning back to Detroit this morning after the Republicans failed

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Speaker 8: to show.

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Speaker 3: Up in the US House.

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Speaker 8: We got to make sure Americans have the healthcare that

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Speaker 8: they need, and if that means you got to chuck

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Speaker 8: this government down, so be it.

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Speaker 2: Now he's an idiot because the House has already passed

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Speaker 2: the continuing resolution, so they're not in session. They're waiting

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Speaker 2: on the Senate. It's the Senate. He's a member of

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Speaker 2: the House. He's as dumb as AOC. My gosh, these

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Speaker 2: people are stupid, and you have to just keep getting

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Speaker 2: elected over and over again. They don't even know how

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Speaker 2: to do their own talking points. They can't even do

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Speaker 2: their own spin correctly. Idiots everywhere. Idiots to your left,

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Speaker 2: idiots to your right. Wherever you look, idiots