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Speaker 1: The night. Michael Brown joins me here, the former FEMA

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Speaker 1: director of talk show host Michael Brown. Brownie, no, Brownie,

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Speaker 1: You're doing a heck of a job the Weekend with

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Speaker 1: Michael Brown broadcasting life from Denver, Colorado. You've tuned into

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Speaker 1: the Weekend with Michael Brown. Glad that you've done. That.

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Speaker 1: Text line, of course, is always open on your messy chap.

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Speaker 1: The number is three three one zero three three three

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Speaker 1: one zero three. Key words Michael, Michael, you can TMA

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Speaker 1: tell me anything or AMA ask me anything, and then,

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Speaker 1: you know, do me a favor. Go follow me on X.

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Speaker 1: Get off your lard ass and go do it right now.

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Speaker 1: It's at Michael D. Brown x dot com Michael D.

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Speaker 1: Brown because I have fun over there. I thoroughly enjoy X.

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Speaker 1: The recent escalation of conflict involving the Iranians triggered a

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Speaker 1: familiar media cycle. Unfortunately, I'm just old enough that I

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Speaker 1: can remember and gas, you know, went to a dollar

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Speaker 1: a gallon. I can remember the nineteen seventy three arab

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Speaker 1: oil and Bargo and the gas lines and you know,

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Speaker 1: what's my see, what's the what's the what's the license

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Speaker 1: plate on my on my vehicle? Because is my number

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Speaker 1: and odd or even can I buy gas today or

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Speaker 1: not buy gas? And how much is it going to cost?

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Speaker 1: Same old, same o. History is repeating itself because all

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Speaker 1: the analysts warned us that the disruptions over the Persian

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Speaker 1: Gulf would send oil prices soaring. And let's be honest.

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Speaker 1: If I say, right now oil prices have soared, that's

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Speaker 1: technically correct. Have they soared and have the average in

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Speaker 1: which I hate, but nonetheless it's we have to use

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Speaker 1: some number. Has the national average exceeded what the national

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Speaker 1: average was during the Biden administration? Well, the answer is

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Speaker 1: no or not yet, because I don't know where it's

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Speaker 1: going to go. If you watch West Texas intermedia crude

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Speaker 1: prices for that I haven't looked today. Yesterday it was

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Speaker 1: trading above one hundred dollars a barrel, then it dropped down.

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Speaker 1: It was like ninety eight dollars a barrel. It fluctuates,

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Speaker 1: it always does. So, yes, oil prices were soaring and

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Speaker 1: then backing off and then soaring again, all in the language.

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Speaker 1: Then the headline started speculating that tanker routes through the

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Speaker 1: straight HR moves and global supply shocks and the economic

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Speaker 1: consequences of geopolitical instability in the Middle East were just

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Speaker 1: going to destroy civilization if you have In fact, I'm curious,

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Speaker 1: let me pull my laptop, let me cover Drudge, because

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Speaker 1: yesterday Drudge had they don't have it today. But there

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Speaker 1: was an there was a headline yesterday something to the effect. Well,

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Speaker 1: in the vernacular, the end of the world is near

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Speaker 1: because of what's happening in the Middle East. But interestingly,

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Speaker 1: have you thought about this. There's another narrative that appears

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Speaker 1: almost simultaneously that nobody talks about. According to a lot

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Speaker 1: of commentators, online, broadcasts, cable wherever, the possibility of oil

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Speaker 1: price volatility proves that somehow we have to accelerate the

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Speaker 1: so called energy transition to renewables because if fossil fuels

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Speaker 1: are tied to unstable regions, so goes their argument, then

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Speaker 1: solar panels and wind turnbines and electric vehicles and batteries,

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Speaker 1: that's the path toward energy security. And that claim gets

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Speaker 1: repeated so often that it's become almost reflexing. Yet if

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Speaker 1: you sit down and you rationally examine the supply chains

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Speaker 1: behind the technologies being promoted, the argument collapses under its

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Speaker 1: own weight. The same dumbasses that are warning that oil

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Speaker 1: markets are vulnerable to geopolitical disruptions, they're advocating an energy

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Speaker 1: system that would make Western economies far more dependent on

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Speaker 1: foreign adversaries than we are today. In other words, the

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Speaker 1: Uranian crisis is not evidence that fossil fuels are the problem.

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Speaker 1: I'm going to argue it is evidence that the climate

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Speaker 1: movement either fundly misunderstands global supply chains, or as likely,

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Speaker 1: is deliberately ignoring them. The central premi of the climate

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Speaker 1: movement is that renewable energy technologies free societies from the

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Speaker 1: geopolitical constraints of fossil fuels. Solar panels, wind turbines, evs.

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Speaker 1: They all get pictured as inherently liberating technologies. They're going

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Speaker 1: to reduce our dependence on foreign sources. That is completely misleading.

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Speaker 1: Renewable energy infrastructure does not run on sunlight and wind alone.

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Speaker 1: It runs on enormous amounts of raw materials. Solar panels

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Speaker 1: require silicon, silicon, they require silver, They require specialty metals.

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Speaker 1: Wind turbines depend on rare earth magnets. Electric vehicles and

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Speaker 1: grid scale batteries require lithium, cobalt, nickel, graphite, magnan these

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Speaker 1: and a host of other minerals. All of those minerals

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Speaker 1: have got to be mined, processed, refined, and then manufactured

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Speaker 1: into finished products. And in the modern global economy, those

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Speaker 1: steps are overwhelmingly concentrated where where. That's right outside the

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Speaker 1: United States and outside Europe. Now, China dominates the refining

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Speaker 1: and processing of many of the minerals that underpin the

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Speaker 1: renewable energy economy. In fact, the country processes the vast

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Speaker 1: majority of the world's rare earth elements. Rare earth elements

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Speaker 1: those are the materials that are indispensable for electric motors,

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Speaker 1: wind turbines, all the advanced electronics. Rare earth elements are

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Speaker 1: not rare in the Earth's crust, but the mining and

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Speaker 1: the chemical separation required to produce them is incredibly complex

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Speaker 1: and it's environmentally destructive. Now, for that reason, the Western

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Speaker 1: world spent decades shutting down domestic production while outsourcing that

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Speaker 1: industry to craphole countries abroad. So the result is that

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Speaker 1: China now refines the overwhelming majority of these materials. Because

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Speaker 1: they don't care about their environment, they don't care about

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Speaker 1: their people. So that creates a supply chain dependency that

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Speaker 1: has profound geopolitical implications. It is an inconvenient truth at

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Speaker 1: the center of the energy transition. The technologies being promoted

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Speaker 1: as somehow a path toward independence are in reality built

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Speaker 1: on a supply chain that is heavily concentrated in one

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Speaker 1: of our In fact, I would argue our main geopolitical rival.

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Speaker 1: You think about when you think about the mineral commodities

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Speaker 1: with a net import import reliance on China yttrium, mica, abrace, efs, bismuth,

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Speaker 1: all sorts of abrasives, silicon carbide, rare, earth compounds, antimony, arsneak, graphite,

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Speaker 1: iron oxide, pigments, diamonds, magnesium, gallium by rate, micah, tungsten,

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Speaker 1: all of those things China, think China, So what are

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Speaker 1: we doing here? We're actually trading one dependency for another.

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Speaker 1: Let me explain. I'll be right back. Hey, So begin

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Speaker 1: with Michael Brown. Thanks for tuning in. Do me a

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Speaker 1: favorite and download the podcast on your podcast app. Search

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Speaker 1: for the Situation with Michael Brown. The Situation with Michael Brown.

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Speaker 1: Once you find that, hit that subscribe button, leave a

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Speaker 1: five star review, and then that will automatically download all

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Speaker 1: five days of the weekday program and the weekend program,

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Speaker 1: which means you get all six days of Michael Brown programming.

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Speaker 1: What's the central premise of the climate movement, of the

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Speaker 1: green energy, the renewable movement, of the Church of the

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Speaker 1: climate activists that renewable energy technologies are somehow going to

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Speaker 1: free us from the geopolitical constraint of fossil fuels, solar panels,

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Speaker 1: wind turbines, evs. They keep telling us, according to their gospel,

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Speaker 1: that those are inherently liberating technologies that reduce dependence on

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Speaker 1: foreign resources. That is completed. Well, I was gonna say

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Speaker 1: it's misleading. No, it's a lie. Renewable renewable energy infrastructure

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Speaker 1: does not run on sunlight and wind alone, wires, all

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Speaker 1: of those renewables that we talked about. You think about

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Speaker 1: all of those renewables. So what we're really doing, in

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Speaker 1: a nutshells, we're trading one dependency for another. The United

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Speaker 1: States depends heavily on foreign sources for many of the

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Speaker 1: materials required for modern technology. Lithium for batteries, cobalt for

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Speaker 1: energy storage systems, graphite for lithium ion cells, and all

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Speaker 1: those rare earth elements for electric motors. Those are largely

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Speaker 1: sourced outside this country. And they often come from countries

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Speaker 1: with unstable political systems, and clearly they have very weak,

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Speaker 1: if any, environmental protections. I don't think that's a minor issue.

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Speaker 1: These materials underpin not only renewable energy systems, but also semiconductors,

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Speaker 1: defense systems, telecommunications, infrastructure, advanced manufacturing, artificial and intelligence. The

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Speaker 1: more electrified and the more technologically complex the global economy becomes,

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Speaker 1: the more important those minerals become. To put it in

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Speaker 1: a different way, the energy transition is not eliminating resource dependents.

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Speaker 1: It is simply shifting the dependence from hydrocarbons to minerals.

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Speaker 1: And the countries that dominate those mineral supply chains are

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Speaker 1: not friendly democracies. The hypocrisy becomes even clear when you

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Speaker 1: think about the environmental rhetoric that always seems to the

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Speaker 1: company the push for renewable energy. All of the environmental

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Speaker 1: activists in the Church of the climate activists will oppose

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Speaker 1: mining projects in this country and in Europe. They'll file lawsuits,

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Speaker 1: they demand moratoriums, they'll protest, and they argue that extracting

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Speaker 1: minerals is too destructive for the environment. But at the

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Speaker 1: very same time they're making those arguments they're demanding massive

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Speaker 1: increases in renewable energy infrastructure, which requires what more of

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Speaker 1: what they are protesting. Isn't the contradiction obvious? When Western

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Speaker 1: countries walk domestic mining while increasing the demand for those

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Speaker 1: minerals that need to be mined, the environmental impacts do

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Speaker 1: not disappear, They go somewhere else. So the Western world

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Speaker 1: has effectively regulated resource extraction out of existence in this

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Speaker 1: country while continuing to increase the consumption of those very

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Speaker 1: raw materials that they won't let us go mine. So

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Speaker 1: the result is the production shifts to countries that have

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Speaker 1: weaker environmental protections and far worse human rights records. The

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Speaker 1: climate movement and the church and the climate activists call

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Speaker 1: that moral progress. In reality, what are they doing. They're

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Speaker 1: outsourcing their environmentalism, and that's the strategic reality. The strategic

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Speaker 1: implications of that kind of dependency are becoming increasingly difficult

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Speaker 1: for them to ignore. Earlier this year, probably unbeknownst to

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Speaker 1: most people, the United States launched something called Project Vault.

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Speaker 1: Project Vault that's an initiative to stock pile critical minerals

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Speaker 1: so that we can protect our industries from supply chain

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Speaker 1: disruptions for those minerals. I think that prom the program

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Speaker 1: itself is essentially in a mission that the United States

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Speaker 1: has become dangerously dependent on four sources for the materials

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Speaker 1: that power our modern technology and our modern economy. Now,

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Speaker 1: according to federal data cited in Project Vault, the United

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Speaker 1: States relies on imports for a majority of dozens of

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Speaker 1: critical minerals, and in some cases we are completely import

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Speaker 1: dependent for several of them. So I think the stock

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Speaker 1: pilying these materials might biyas time during a crisis, but

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Speaker 1: does it solve the underlying problem not at all, because

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Speaker 1: you cannot store what you do, not produce. Stockpiling materials

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Speaker 1: without restoring our own domestic production, that just creates an

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Speaker 1: illusion of security. Because anytime there is a true geopolitical

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Speaker 1: crisis the exporting nations, what are they going to do.

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Speaker 1: They're going to do the same thing we would do.

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Speaker 1: They're going to prioritize their own industries before they start

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Speaker 1: supplying a foreign competitor. That reality is precisely why the

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Speaker 1: current media narraty by the cabal surrounding the Iran conflict

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Speaker 1: is so utterly absurd. If conflict in the Middle East

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Speaker 1: exposes vulnerabilities in oil markets. Imagine why what happened during

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Speaker 1: a geopolitical confrontation with China. Why I want you to

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Speaker 1: seriously think about this, Because China dominates huge portions of

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Speaker 1: the global supply chain for rare earth processing, battery materials,

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Speaker 1: solar manufacturing, wind turbine components, and it also controls a

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Speaker 1: significant share of the processing infrastructure for a whole host

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Speaker 1: of other critical minerals. In that kind of scenario, export

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Speaker 1: restrictions or supply chain disruptions would cripple entire industries in

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Speaker 1: this country and probably in Europe too, electric vehicles, they'd

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Speaker 1: stall out renewable infrastructure projects, they come to a halt,

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Speaker 1: semiconductor manufacturing, shortages of key materials. And that's not speculation

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Speaker 1: because China has already demonstrated its willingness to use mineral

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Speaker 1: exports as a geopolitical tool. How because they impose export

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Speaker 1: restrictions on key materials that are using in advanced technologies.

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Speaker 1: And yeah, the very same policy makers in Congress, all

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Speaker 1: the same activists all the Congress, in the Church of

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Speaker 1: the Climate activists who warn about oil dependents are actively

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Speaker 1: advocating policies that deepen our reliance on those foreign based

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Speaker 1: supply chains, stop and just think for a seconds before

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Speaker 1: I get to the lesson that I think they refuse

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Speaker 1: to learn. Do you understand the lesson? Do you understand

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Speaker 1: what we've done? It's it's like the driver driving his

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Speaker 1: Tesla down Now. I'm not saying ever Tesla drivers this one,

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Speaker 1: but the Tesla driver driving down the interstate who boasts

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Speaker 1: is so happy and so proud of himself because he's

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Speaker 1: driving emission free. We know he's not. We just know

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Speaker 1: that his emissions were moved to where the energy to

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Speaker 1: power his battery, to charge his battery is located someplace

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Speaker 1: where he can't see it. The same thing's happening here,

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Speaker 1: and they refuse to learn this lesson. I'll explain why

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Speaker 1: next to night. Michael Brown joins me here, the former

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Speaker 1: FEMA director of talk show host Michael Brown. Brownie, no, Brownie,

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Speaker 1: you're doing a heck of a jump. The Weekend with

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Speaker 1: Michael Brown. Welcome back to the Weekend with Michael Brown.

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Speaker 1: Glad to have you tuning in on the program. I'd

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Speaker 1: remind you that if you like what we do on

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Speaker 1: the weekends, I think you'd like the weekday program too.

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Speaker 1: And it's real easy to listen to me Monday through

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Speaker 1: Friday on your iHeartRadio app. All you have to do

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Speaker 1: is set a preset. That preset is a station in Denver.

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Speaker 1: Call letters are KOA KOA, It's at eight fifty am

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Speaker 1: ninety four to one FM. Set that as a preset.

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Speaker 1: Then you can listen to the weekday program, which airs

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Speaker 1: live Monday through Friday from nine to noon Mountain Time,

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Speaker 1: nine to noon Mountain Time. Got it? So go set

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Speaker 1: that preset and stream us live during the week Weekday two.

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Speaker 1: We're talking about what you know. I was debating today

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Speaker 1: about whether to talk about the Iranian war and kind

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Speaker 1: of what the status of it is, and it's moving

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Speaker 1: very quickly, but I'm saving that for money. In fact,

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Speaker 1: that's the reason. If you want to hear my take

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Speaker 1: on where we are, what's happening, and what I think

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Speaker 1: is going to happen, then you ought to tune in Monday.

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Speaker 1: I decided to use the weekend instead to talk about

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Speaker 1: these two. There's another story I'm going to do later

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Speaker 1: about some unintended or intended consequences of the Iranian war,

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Speaker 1: such as this. It's freaking hilarious how the Church of

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Speaker 1: the Climate activists are screaming about soaring gas prices, soaring,

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Speaker 1: you know whatever. They don't know the difference between West

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Speaker 1: Texas International or Brent International. They don't know different kinds

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Speaker 1: of crude Venezuelan oil. They don't know anything about that.

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Speaker 1: They know anything about refining capacity and the fact the

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Speaker 1: refining capacity in this country is being demolished by their policies.

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Speaker 1: What they want to scream about is gas price is

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Speaker 1: going up, and well, that's basically supply and demand right now.

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Speaker 1: And you have to remember that oil is an international commodity. Yes,

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Speaker 1: we are energy independent, and we can't we literally cannot

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Speaker 1: refine all the oil that we produce, so that oil

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Speaker 1: gets traded on the international market and the international markets

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Speaker 1: because every country in the world uses oil and gas.

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Speaker 1: They need it to sustain their economies, their way of living,

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Speaker 1: so it gets traded on an international scale, an international market.

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Speaker 1: It's an international commodity, so we cannot control the price

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Speaker 1: of it. Even though we are energy independent today we

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Speaker 1: produce more oil than we consume. But even if we

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Speaker 1: were to say, you know what, we're going to keep

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Speaker 1: all the oil in this country, in this country, all

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Speaker 1: the oil and liquid nature, all the oil and natural

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Speaker 1: gas that we produce, we're going to keep in this

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Speaker 1: country and we're going to become solely self sufficient. Can't

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Speaker 1: do it, you know, we can't do it. We don't

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Speaker 1: have the refining capacity. You know why we don't have

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Speaker 1: the refining capacity because we've let the people in the

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Speaker 1: Church of the Climate activists destroy the refining capacity that

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Speaker 1: we have had. It's insane what we do, and there's

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Speaker 1: so many lessons that the Church of the Climate activists

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Speaker 1: just refuse to learn. They operate on a narrative instead

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Speaker 1: of a system's analysis. Fossil fuels get portrayed as they're

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Speaker 1: uniquely dangerous and they're morally unacceptable, while renewable technologies get

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Speaker 1: framed as inherently virtuous and geopolitically liberating. When did energy

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Speaker 1: energy systems become moral abstractions, Because they're not. They are

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Speaker 1: physical systems that get built from materials, infrastructure, and a

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Speaker 1: global supply chain. Every single energy technology requires mining, every

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Speaker 1: supply chain has geopolitical implications, and every policy choice creates

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Speaker 1: a trade off with The climate activists refuse to confront

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Speaker 1: those realities because doing so would undermine the simplistic story

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Speaker 1: they keep telling everybody that story, fossil fuels are evil.

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Speaker 1: Renewable energies are not just the hero, but they're the

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Speaker 1: moral hero. In the real world, it's a lot more

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Speaker 1: complicated than that. If this crisis, I don't want to

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Speaker 1: use the word crisis. If this battle, this war in

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Speaker 1: Iran proves anything, it is that energy systems are inseparable

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Speaker 1: from geopolitics. But the solution is not to replace one

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Speaker 1: dependency with another dependency. Replacing domestic oil and gas production

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Speaker 1: with technologies that are still dependent on foreign mineral supply

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Speaker 1: chains does not increase our energy security at all. In fact,

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Speaker 1: I would argue they're replacing domestic oil and gas production

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Speaker 1: with technologies that are dependent on foreign mineral supply chains

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Speaker 1: undermines our energy security. And until these policy makers begin

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Speaker 1: treating energy systems as the complex industrial networks networks that

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Speaker 1: they really are, the climate movement's going to continue to

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Speaker 1: propose solutions that create vulnerabilities that are far greater than

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Speaker 1: the ones that they're claiming to solve. They're never going

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Speaker 1: to move off that because they're absolutely convinced that, which

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Speaker 1: which is why they take such a moral position. I'm

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Speaker 1: evil because I burn fossil fuels in my car. They're

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Speaker 1: moral because they drive an ev Wait a minute, how

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Speaker 1: much petroleum products went into the manufacturing of your Tesla

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Speaker 1: or your prius or whatever you're using. I don't give

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Speaker 1: a rats ask which one you're using. Whichever one you're using,

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Speaker 1: Fossil fuels are what helped, not just the materials that

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Speaker 1: go into creating that vehicle, but in the manufacturing of

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Speaker 1: that vehicle, the distribution of that vehicle, and even the

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Speaker 1: charging of that vehicle. Unless you're just charging your vehicle

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Speaker 1: solely at your home and you have a solar array

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Speaker 1: on your home that is completely independent of the grid.

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Speaker 1: But guess what, even then, that system took fossil fuels

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Speaker 1: to create, manufacture, distribute, and install in your home. They

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Speaker 1: live in an alternate universe. They live in a universe

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Speaker 1: that is not real. But that's why I call them

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Speaker 1: the Church of the Climate activists, because they believe in

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Speaker 1: their own gospel. They have their own faith. It's not

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Speaker 1: based on even anything as reasonable or real as the

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Speaker 1: Dead Sea scrolls. It's all a fantasy land for them,

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Speaker 1: and it's all designed to do what to destroy your economy,

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Speaker 1: make you more dependent upon government control, and limit your

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Speaker 1: ability to live the life, and we're just too down.

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Speaker 1: We're just too darn wealthy. Our economy in this country

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Speaker 1: and our energy and dependence has made us too powerful,

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Speaker 1: too strong, too independent of everybody else, and they want

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Speaker 1: to weaken us. That is the theology of the Church

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Speaker 1: of the climate activists. So all of this hypocrisy exposed

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Speaker 1: by the conflict in Iran, I know it's and I do.

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Speaker 1: I feel sorry for people who are leading paycheck to

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Speaker 1: paycheck and gas prices are soaring, and you know when

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Speaker 1: gas price is sore, that causes grocery prices to soar.

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Speaker 1: I know, I understand that. I sincerely believe though, that

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Speaker 1: in the long run, this is better for us than

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Speaker 1: not doing anything. I'll be right back. Welcome back to

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Speaker 1: the weekend with Michael Brown. Glad to have you with me.

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Speaker 1: I appreciate you. Tuning in. The Supreme Court is likely

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Speaker 1: to stop judicial interference with DHS decisions ending temporary protective status.

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Speaker 1: I think so. Earlier this week, the Supreme Court agreed

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Speaker 1: to take up two cases Southern District of New York

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Speaker 1: and from the District of Columbia without waiting for either

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Speaker 1: Circuit Court of Appeal to even review those cases. On

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Speaker 1: the merits. Both of the cases involve orders that grant

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Speaker 1: a preliminary injunction blocking the Department of Full Land Security

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Speaker 1: from ending temporary protected status for illegal aliens in the

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Speaker 1: United States from Syria and Haiti. Now, there's been a

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Speaker 1: series of decisions in various courts involving other countries that

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Speaker 1: kind of provide, I think, a guidance to where this

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Speaker 1: issue might be headed with the Supreme Court. The first

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Speaker 1: out of the gate was a case in California that

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Speaker 1: originally involved Venezuela and Haiti. Now the Department of Justice

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Speaker 1: pursued an appeal of the ruling regarding Venezuela, but waited

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Speaker 1: to address Haiti in a different court, and that ended

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Speaker 1: up being in DC. The Supreme Court has now twice

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Speaker 1: stepped in and issued stays. In other words, they stopped

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Speaker 1: the enforcement of a lower court order. They did so

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Speaker 1: to a district judge in San Francisco that would have

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Speaker 1: extended temporary protected status for Venezuela. But each order grunting

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Speaker 1: the state had no explanation from the court about the reasons.

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Speaker 1: So that's allowed all these lower courts to effectively ignore

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Speaker 1: what the Supreme Court did about Venezuelan temporary protected status,

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Speaker 1: so DHS moved to stop temporary protected status for Honduras, Nicaragua,

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Speaker 1: and Nepal, and the Ninth Circuit blocked the lower court

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Speaker 1: orders trying to continue temporary protected status after the Supreme

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Speaker 1: Court stayed stopping it for Venezuela. In addition, the Fourth

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Speaker 1: Circuit blocked district court orders continuing temporary protected status with

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Speaker 1: regard to Cameroon and Afghanistan. It's insane all these difference,

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Speaker 1: isn't it. But the Second Circuit and the DC Circuit,

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Speaker 1: both of those appellate courts allowed the district court orders

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Speaker 1: to continue temporary protected status for Siri and Haiti for

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Speaker 1: those orders to stop it to take effect. So that

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Speaker 1: led the DOJ to file applications for stays in each

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Speaker 1: case while the cases were pending appeal on those two counts.

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Speaker 1: In every application, the Department of Justice asked the Supreme

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Speaker 1: Court to consider the stay of applications as petitions for

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Speaker 1: review prior to judgment. In other words, asking them, let's

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Speaker 1: not wait on the appellate courts. This is creating different

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Speaker 1: decisions all over the country. Let's decide it now. So

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Speaker 1: in summary, five things have happened. The Supreme Court blocked

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Speaker 1: a district court order that allowed the extension of temporary

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Speaker 1: protected status for Venezuela after the Ninth Circuit set it

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Speaker 1: could continue. Two, The Ninth Circuit blocked a district court

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Speaker 1: order that extended temporary protected status for Honduras, Nicarago and Nepal,

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Speaker 1: even after the Supreme Court stayed the order for Venezuela. Three,

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Speaker 1: the Fourth Circuit blocks a district judge ordering extending temporary

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Speaker 1: protected status for Cameroon in Afghanistan four see how consulstu.

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Speaker 1: But this is The Second Circuit then allows a district

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Speaker 1: court order to stand that continue du temporary protected status

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Speaker 1: for Syria while the Department of Justice appeals. Then, lastly,

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Speaker 1: the d C Circuit Court of Appeals allowed a district

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Speaker 1: court order to stand that continued kept in place temporary

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Speaker 1: protected status for Haiti while the DOJ appealed. So it's

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Speaker 1: with respect to those last two that the Department of

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Speaker 1: Justice has convinced the Supreme Court to take the cases

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Speaker 1: up just to put the issue to rest about temporary

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Speaker 1: protected status. But what is crucial are the issues that

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Speaker 1: the Department of Justice has suggested that the Court ought

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Speaker 1: to look at. With regard to Syria, the DOJ said

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Speaker 1: this that if the court grants a hearing or grants

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Speaker 1: cert before judgment, they should review the following questions, whether

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Speaker 1: the judicial review bar in the temporary protective statues status

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Speaker 1: statute prevents the respondents administrative procedure at claims, and if

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Speaker 1: that is reviewable, whether those claims nonetheless fail in the merits.

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Speaker 1: And it's sort of the same thing with regard to

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Speaker 1: the cases on in the other circuit. But I want

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Speaker 1: you to note that the Court did not specify precisely

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Speaker 1: what issues it would consider, as is typical when it

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Speaker 1: accepts the case to review. So my presumption is the

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Speaker 1: issues will be those identified by the Department of Justice

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Speaker 1: in their applications for review. Here's why this is important.

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Speaker 1: The court has twice, the Supreme Court has twice granted

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Speaker 1: stays with regard to the orders by the San Francisco

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Speaker 1: judge there was going to allow the temporary protective status

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Speaker 1: for Venezuela to continue. You see, what we're trying to

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Speaker 1: do here, what the administration is trying to do, is

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Speaker 1: to rein in all this temporary protected status. They're trying

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Speaker 1: to get rid of it. So they can deport these people.

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Speaker 1: The Court is basically saying, yeah, we're all over the

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Speaker 1: place on this, So we're going to hear these cases

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Speaker 1: before any of the other judges appeal to or any

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Speaker 1: of the parties appeal to any of the appellate courts,

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Speaker 1: and wait for those to finally get to us. We're

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Speaker 1: going to take these two cases, and in essence, I

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Speaker 1: believe they're going to decide the case for all temporary

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Speaker 1: protected status. Given that they have allowed determination of temporary

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Speaker 1: protected status for Venezuela to go in to effect, in

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Speaker 1: other words, to stop it by blocking the judge in

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Speaker 1: San Francisco, it seems likely to me that the court

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Speaker 1: is going to resolve this issue on the basis of

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Speaker 1: the district courts not having jurisdiction. Why is that important

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Speaker 1: Because for all of these judges to whether it's an

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Speaker 1: immigration whatever, it doesn't make any difference. All of these

429
00:34:22,960 --> 00:34:27,600
Speaker 1: judges who are taking it upon themselves to insert themselves

430
00:34:27,640 --> 00:34:31,960
Speaker 1: into these issues that clearly the executive branch has the

431
00:34:32,040 --> 00:34:36,920
Speaker 1: authority to operate. The Court's saying, we're not sure, So

432
00:34:36,960 --> 00:34:39,200
Speaker 1: we're going to take this case out of San Francisco,

433
00:34:40,520 --> 00:34:47,680
Speaker 1: because there they terminated temporary protected status for Venezuela. The

434
00:34:47,800 --> 00:34:52,400
Speaker 1: judge blocked it, meaning that the Venezuelans could keep temporary

435
00:34:52,440 --> 00:34:55,239
Speaker 1: protected status, and the Court said, we're not going to

436
00:34:55,280 --> 00:34:57,360
Speaker 1: wait for that to be heard by the tenth the

437
00:34:57,440 --> 00:35:01,600
Speaker 1: Ninth Circuit. We're going to hear that ourselves. In all

438
00:35:01,680 --> 00:35:04,800
Speaker 1: of these cases, the argument that every plane off of

439
00:35:04,880 --> 00:35:08,800
Speaker 1: made in common is that the decision by the Secretary

440
00:35:08,800 --> 00:35:14,360
Speaker 1: of Homeland Security to terminate temporary protected status was all

441
00:35:14,400 --> 00:35:17,719
Speaker 1: made in violation of the Administrative Procedures Act. In words,

442
00:35:17,760 --> 00:35:21,719
Speaker 1: there was some procedural mistake that the government made, and

443
00:35:21,760 --> 00:35:25,680
Speaker 1: that therefore that bars the government decisions as being arbitrary

444
00:35:25,680 --> 00:35:29,520
Speaker 1: and capricious. I think the Court's about ready to hammer

445
00:35:29,560 --> 00:35:32,720
Speaker 1: down these district court judges and say, no, you cannot

446
00:35:32,800 --> 00:35:37,120
Speaker 1: do that anymore. You've got to stop doing that. In

447
00:35:37,160 --> 00:35:40,239
Speaker 1: both cases involving SyRI and Haiti, the New York and

448
00:35:40,280 --> 00:35:44,000
Speaker 1: the DC cases, the district judges followed down the path

449
00:35:44,360 --> 00:35:47,879
Speaker 1: that were the same path that the judge in San

450
00:35:47,920 --> 00:35:52,080
Speaker 1: Francisco was following. I think that's why they took the case,

451
00:35:52,800 --> 00:35:56,359
Speaker 1: because that's the case they can use to decide, Wait

452
00:35:56,400 --> 00:36:01,440
Speaker 1: a minute, you have no authority to be doing this. Finally,

453
00:36:01,880 --> 00:36:04,200
Speaker 1: maybe just finally, we're going to get a Supreme Court

454
00:36:04,239 --> 00:36:06,880
Speaker 1: decision that is going to say, wait a minute, you

455
00:36:06,920 --> 00:36:10,560
Speaker 1: cannot do this now. I expect the outcome will be

456
00:36:10,680 --> 00:36:14,680
Speaker 1: six to three, I think, with Justice Brett Barrett writing

457
00:36:14,719 --> 00:36:18,480
Speaker 1: a very narrow majority opinion that only addresses the scope

458
00:36:18,480 --> 00:36:23,280
Speaker 1: of the jurisdiction stripping provision in the Temporary Protected Status Statute,

459
00:36:23,880 --> 00:36:27,920
Speaker 1: reversing all the lower court decisions that rely on distinction

460
00:36:28,040 --> 00:36:35,319
Speaker 1: between determination and process to claim jurisdiction. I hope. So

461
00:36:35,360 --> 00:36:38,200
Speaker 1: we've got to reign in these federal judges. I think

462
00:36:38,239 --> 00:36:40,839
Speaker 1: the Supreme Court may do it here. I'll be right

463
00:36:40,880 --> 00:36:41,160
Speaker 1: back