1 00:00:00,720 --> 00:00:02,880 Speaker 1: The night Michael Brown joins me here the former FEMA 2 00:00:02,920 --> 00:00:06,120 Speaker 1: director talk show host Michael Brown. Brownie, no, Brownie, You're 3 00:00:06,120 --> 00:00:08,559 Speaker 1: doing a heck of a job. The Weekend with Michael 4 00:00:08,600 --> 00:00:12,160 Speaker 1: Brown broadcasting life in Denver, Colorado. It's the Weekend with 5 00:00:12,200 --> 00:00:14,520 Speaker 1: Michael Brown. Glad to have you joined the program today. 6 00:00:15,000 --> 00:00:17,200 Speaker 1: Text line is open as it always is, twenty four 7 00:00:17,200 --> 00:00:19,160 Speaker 1: hours a day, seven days a week. So if you 8 00:00:19,200 --> 00:00:21,639 Speaker 1: want to tell me anything or ask me anything on 9 00:00:21,720 --> 00:00:24,360 Speaker 1: your messy japp the numbers three three one zero three 10 00:00:24,520 --> 00:00:27,400 Speaker 1: three three one zero three. Keyword is either Mike or Michael. 11 00:00:27,960 --> 00:00:30,520 Speaker 1: And you can believe me or not believe me, but 12 00:00:30,560 --> 00:00:32,680 Speaker 1: it's the truth. I read text messages all the time. 13 00:00:33,440 --> 00:00:37,239 Speaker 1: Sometimes you give me great ideas for topics. Sometimes you 14 00:00:37,320 --> 00:00:39,720 Speaker 1: make me think maybe I didn't explain that well enough. 15 00:00:39,760 --> 00:00:42,080 Speaker 1: I need to go through that again. But anyway, I 16 00:00:42,159 --> 00:00:44,960 Speaker 1: read all the text messages. I don't respond to many 17 00:00:45,000 --> 00:00:47,519 Speaker 1: of them, but I do read them all. Be sure 18 00:00:47,560 --> 00:00:50,920 Speaker 1: and follow me on X as I said earlier, which 19 00:00:50,960 --> 00:00:54,240 Speaker 1: I guess was kind of snobby of me, But if 20 00:00:55,440 --> 00:00:58,560 Speaker 1: you know, if Andrew Breitbart and Charlie Kirk follow me, 21 00:00:58,920 --> 00:01:02,000 Speaker 1: then you should be following following me too. At Michael 22 00:01:02,000 --> 00:01:05,080 Speaker 1: Brown USA, at Michael Brown USA, go do that right now. 23 00:01:06,160 --> 00:01:12,440 Speaker 1: It should be self evident that a society that requires 24 00:01:13,160 --> 00:01:20,080 Speaker 1: more education or more training to sit in judgments over 25 00:01:20,520 --> 00:01:26,920 Speaker 1: federal citizens than it is to cut hair, well, let's 26 00:01:26,920 --> 00:01:32,000 Speaker 1: go to West Virginia, because the opposite is true. This 27 00:01:32,120 --> 00:01:36,360 Speaker 1: when I talk about you know, I tend to and 28 00:01:36,400 --> 00:01:43,160 Speaker 1: I have gone through several artificial intelligence platforms. I've done 29 00:01:43,480 --> 00:01:49,280 Speaker 1: some legal and historical research. Because I refer to the 30 00:01:49,320 --> 00:01:54,480 Speaker 1: progressive left, which is not all Democrats but is becoming 31 00:01:54,600 --> 00:01:59,520 Speaker 1: the controlling portion of the Democrat Party. I refer to 32 00:01:59,560 --> 00:02:05,120 Speaker 1: them as more Marxist and I've thought long and hard 33 00:02:05,160 --> 00:02:09,160 Speaker 1: about that, about whether it's appropriate or not, and I've 34 00:02:09,160 --> 00:02:11,760 Speaker 1: come to the conclusion that when it comes to that 35 00:02:12,000 --> 00:02:18,120 Speaker 1: portion of the Democrat Party, that is, for example, Zofram Mom, Mom, 36 00:02:18,360 --> 00:02:22,920 Speaker 1: Donnie the guy running as the self avowed socialist Marxist 37 00:02:22,919 --> 00:02:26,240 Speaker 1: communist for mayor of New York, or you take the 38 00:02:26,280 --> 00:02:31,240 Speaker 1: squad Alexandria Cassia Cortez at all, you take them for 39 00:02:31,320 --> 00:02:35,480 Speaker 1: that matter, you take Bernie Sanders, you take Elizabeth Warren. 40 00:02:36,440 --> 00:02:40,040 Speaker 1: They truly do want to destroy capitalism, and they truly 41 00:02:40,080 --> 00:02:43,080 Speaker 1: do believe that government ought to be making more decisions. 42 00:02:43,120 --> 00:02:47,799 Speaker 1: They believe in socialized nationalized healthcare. They believe in the 43 00:02:47,840 --> 00:02:53,280 Speaker 1: government having enough regulatory control over business that it becomes 44 00:02:53,400 --> 00:02:58,280 Speaker 1: almost a communist, if not ironically fascist, because we as 45 00:02:58,320 --> 00:03:05,160 Speaker 1: Republicans are always accused of being fascist when an actuality, 46 00:03:05,720 --> 00:03:10,000 Speaker 1: it's the Marxism and the fascism of the Democrat Party, 47 00:03:10,240 --> 00:03:13,480 Speaker 1: of that wing of the party that really believes in 48 00:03:13,800 --> 00:03:16,880 Speaker 1: exercising so much control over our lives that I do 49 00:03:16,960 --> 00:03:21,200 Speaker 1: believe that the term Marxist is absolutely correct for them. Now, 50 00:03:21,240 --> 00:03:24,919 Speaker 1: if you're a moderate Democrat and you actually believe in capitalism, 51 00:03:25,720 --> 00:03:27,920 Speaker 1: and you think that we shouldn't have like a progressive 52 00:03:27,960 --> 00:03:30,880 Speaker 1: tax structure, we shouldn't have income taxes, we should have 53 00:03:31,000 --> 00:03:34,320 Speaker 1: you know, sales taxes or consumption taxes, then I don't 54 00:03:34,320 --> 00:03:37,160 Speaker 1: think the term or the label Marxist supplies to you. 55 00:03:38,280 --> 00:03:44,640 Speaker 1: But show me that Democrat. Show me that Democrat. It 56 00:03:44,720 --> 00:03:47,760 Speaker 1: might have been Joe Mansion one time from West Virginia, 57 00:03:47,920 --> 00:03:50,720 Speaker 1: the former Senator, but I don't know if there is 58 00:03:50,760 --> 00:03:55,760 Speaker 1: one today because they have all allowed that Marxist wing 59 00:03:55,800 --> 00:03:58,840 Speaker 1: of their party to pull them in that direction, and 60 00:03:58,880 --> 00:04:02,400 Speaker 1: that's the direction they are headed full steam ahead, So 61 00:04:02,800 --> 00:04:05,320 Speaker 1: back to West Virginia because I think this is a 62 00:04:05,400 --> 00:04:09,640 Speaker 1: it's a fun yet disturbing example. To become a barber 63 00:04:10,480 --> 00:04:15,480 Speaker 1: in West Virginia, the government demands one thousand, two hundred 64 00:04:15,480 --> 00:04:21,000 Speaker 1: hours of schooling at a licensed institution like a barber school, 65 00:04:21,360 --> 00:04:26,440 Speaker 1: or double that two thousand, four hundred hours as an apprentice. 66 00:04:26,640 --> 00:04:30,440 Speaker 1: It also requires a formal health certificate, and then you 67 00:04:30,560 --> 00:04:38,400 Speaker 1: have to pass successfully pass three separate examinations. Got it. 68 00:04:39,080 --> 00:04:42,880 Speaker 1: That's just to cut somebody's hair. Now, I want to 69 00:04:42,920 --> 00:04:46,279 Speaker 1: know that when I go to a barber that someone 70 00:04:46,400 --> 00:04:49,520 Speaker 1: has and I've been using the same barber for years 71 00:04:49,520 --> 00:04:54,360 Speaker 1: and years. I want to know that they know how 72 00:04:54,400 --> 00:04:59,040 Speaker 1: to cut hair. But do I ever look at their license? 73 00:05:00,240 --> 00:05:03,240 Speaker 1: I don't know that I've ever asked a barber do 74 00:05:03,320 --> 00:05:06,440 Speaker 1: you have a license to cut hair or not. I've 75 00:05:06,520 --> 00:05:09,839 Speaker 1: usually asked for a reference. Hey, I'm looking for a barber. 76 00:05:10,240 --> 00:05:13,159 Speaker 1: Let's say I'm traveling and I'm going to be gone 77 00:05:13,200 --> 00:05:16,800 Speaker 1: for four weeks. I really need a haircut. I'd probably 78 00:05:16,880 --> 00:05:20,200 Speaker 1: ask the concierge at the hotel. I'd ask a cowork 79 00:05:20,240 --> 00:05:23,240 Speaker 1: in a meeting, Hey, where do you get your haircut? Here? 80 00:05:23,880 --> 00:05:27,080 Speaker 1: Who's a good barber, because I'm going to rely more 81 00:05:27,120 --> 00:05:31,480 Speaker 1: on their referral than I am going from barbershop to 82 00:05:31,520 --> 00:05:35,640 Speaker 1: barbershop to barbershop. Hey, show me your license, show me 83 00:05:35,839 --> 00:05:40,039 Speaker 1: your your grade from the three separate examinations. If I'm 84 00:05:40,080 --> 00:05:43,240 Speaker 1: in West Virginia, show me your health certificate. No, I 85 00:05:43,680 --> 00:05:45,120 Speaker 1: don't care about that. I want to know that you 86 00:05:45,160 --> 00:05:46,880 Speaker 1: can cut hair. I want to know that you can 87 00:05:46,880 --> 00:05:51,239 Speaker 1: take my hair and make me look at least halfway decent. 88 00:05:52,560 --> 00:05:55,800 Speaker 1: Now in West Virginia, if you want to be a 89 00:05:55,839 --> 00:06:02,479 Speaker 1: magistrate judge, here are the requirements. Be twenty one years old, 90 00:06:03,040 --> 00:06:07,240 Speaker 1: hold a high school diploma or your ged, and don't 91 00:06:07,279 --> 00:06:10,880 Speaker 1: have a felony, reside in the county where you're going 92 00:06:10,920 --> 00:06:15,839 Speaker 1: to be the judge. To be a magistrate judge to 93 00:06:15,920 --> 00:06:21,200 Speaker 1: decide guilt and innocence, to even adjudicate parking tickets or 94 00:06:21,200 --> 00:06:24,720 Speaker 1: a speeding tickets or anything else. The barber's got to 95 00:06:24,760 --> 00:06:27,960 Speaker 1: pass state law and practical exams. But the magistrate judge 96 00:06:27,960 --> 00:06:30,359 Speaker 1: who's going to set your bail, who can issue an 97 00:06:30,440 --> 00:06:33,400 Speaker 1: arrest warrant, who is going to hear a criminal case, 98 00:06:33,600 --> 00:06:36,120 Speaker 1: doesn't even need to go to law school. Does he 99 00:06:36,160 --> 00:06:37,880 Speaker 1: need to go to graduate school or pass the bar. 100 00:06:41,640 --> 00:06:44,400 Speaker 1: This is not a quirk of West Virginia law either. 101 00:06:45,640 --> 00:06:48,880 Speaker 1: I think it's a broader national scandal that nobody's talking about. 102 00:06:50,160 --> 00:06:55,039 Speaker 1: North Carolina, South Carolina, Arizona all permit non lawyers to 103 00:06:55,120 --> 00:07:00,520 Speaker 1: sit as magistrates. Now, magistrate is the lowest level of judges, 104 00:07:01,560 --> 00:07:04,320 Speaker 1: because you have a magistrate judge who does a lot 105 00:07:04,320 --> 00:07:10,960 Speaker 1: of perfunctory ministerial duties like determining bail, issuing an arrest, warrant, 106 00:07:11,640 --> 00:07:14,440 Speaker 1: hearing maybe minor criminal cases. You know, they probably wouldn't 107 00:07:14,440 --> 00:07:16,760 Speaker 1: hear a murder case, but they might hear other criminal 108 00:07:16,800 --> 00:07:19,480 Speaker 1: cases in which you're still entitled to, you know, maybe 109 00:07:19,560 --> 00:07:26,760 Speaker 1: a jury. No. In South Carolina, North Carolina, Arizona, non 110 00:07:26,840 --> 00:07:32,000 Speaker 1: lawyers consider as magistrates. Now. Their justification is usually that magistrates, well, 111 00:07:32,000 --> 00:07:35,680 Speaker 1: they're just handling minor cases. But when you look at 112 00:07:35,720 --> 00:07:40,720 Speaker 1: the facts, you find out that that justification is entirely wrong. 113 00:07:42,160 --> 00:07:47,000 Speaker 1: Magistrates in almost all fifty states regularly decide whether or 114 00:07:47,040 --> 00:07:53,800 Speaker 1: not violent felons remain behind bars or walk free. What 115 00:07:53,880 --> 00:07:57,280 Speaker 1: do we have a problem with in this country? We 116 00:07:57,320 --> 00:08:02,160 Speaker 1: have a serious problem of no criminals with lengthy criminal 117 00:08:02,240 --> 00:08:06,440 Speaker 1: records running free and doing things. Let me think of 118 00:08:06,640 --> 00:08:08,720 Speaker 1: Let's see, can I think of an example of that. 119 00:08:09,400 --> 00:08:14,760 Speaker 1: Imagine if you had someone who had fourteen convictions was 120 00:08:16,240 --> 00:08:20,840 Speaker 1: facing current charges, but the judge said, oh no, Bay'll 121 00:08:20,880 --> 00:08:23,800 Speaker 1: just show back up on a certain day, and that 122 00:08:24,040 --> 00:08:29,320 Speaker 1: dirt bag got onto a light rail in Charlotte, North Carolina, 123 00:08:29,800 --> 00:08:33,760 Speaker 1: and decided to stab a Ukrainian refugee who was just 124 00:08:33,800 --> 00:08:36,079 Speaker 1: trying to get home from work, and it was all 125 00:08:36,120 --> 00:08:41,680 Speaker 1: caught on close sor to TV. Oh yeah, that's a 126 00:08:41,720 --> 00:08:47,959 Speaker 1: real story. So these magistrate judges, like in North Carolina 127 00:08:48,880 --> 00:08:52,239 Speaker 1: have authority that can alter the course of a person's 128 00:08:52,440 --> 00:08:57,559 Speaker 1: life and the life of that community. Yet the educational 129 00:08:57,600 --> 00:09:02,640 Speaker 1: barrier to entry is low than what you need for 130 00:09:02,720 --> 00:09:06,199 Speaker 1: a barber to trim your beard or to cut your hair. 131 00:09:06,679 --> 00:09:08,679 Speaker 1: It's the Weekend with Michael Brown. The text line three 132 00:09:08,720 --> 00:09:11,680 Speaker 1: three one zero three keyword Micha or Michael go follow 133 00:09:11,720 --> 00:09:13,240 Speaker 1: me on X. If you haven't come on, get that 134 00:09:13,320 --> 00:09:22,800 Speaker 1: done at Michael Brown USA. I'll be right back. Hey, 135 00:09:22,840 --> 00:09:24,520 Speaker 1: welcome back to the Weekend with Michael Brown. Glad to 136 00:09:24,520 --> 00:09:27,160 Speaker 1: have you with me. I appreciate you tuning in. If 137 00:09:27,160 --> 00:09:29,600 Speaker 1: you like what we do on the weekend, be sure 138 00:09:29,640 --> 00:09:32,560 Speaker 1: and subscribe to the podcast because by doing that, you 139 00:09:32,640 --> 00:09:36,040 Speaker 1: get all the weekday program too. On your podcast app, 140 00:09:36,080 --> 00:09:39,920 Speaker 1: search for this program, The Situation with Michael Brown. That's 141 00:09:39,960 --> 00:09:43,240 Speaker 1: what we call the Weekday Program, The Situation with Michael Brown. 142 00:09:43,600 --> 00:09:45,960 Speaker 1: When you find that, hit subscribe, leave a five star 143 00:09:46,000 --> 00:09:48,680 Speaker 1: review because that helps us get up higher in the rankings, 144 00:09:48,920 --> 00:09:51,400 Speaker 1: and then that will automatically download to your phone or 145 00:09:51,400 --> 00:09:54,319 Speaker 1: to your computer. That will download all five days of 146 00:09:54,320 --> 00:09:57,079 Speaker 1: the weekday program plus the weekend program, and you get 147 00:09:57,120 --> 00:09:59,040 Speaker 1: all of me that you need. It may be more 148 00:09:59,040 --> 00:10:03,920 Speaker 1: than you need to, although I doubt that. So think 149 00:10:03,960 --> 00:10:09,120 Speaker 1: about all of these criminals running free, but I bet 150 00:10:09,120 --> 00:10:13,080 Speaker 1: you never really stopped and thought about why why are 151 00:10:13,120 --> 00:10:17,640 Speaker 1: these judges doing it? Well? These magistrate judges, first and 152 00:10:17,679 --> 00:10:20,960 Speaker 1: foremost don't have the kind of legal education that I 153 00:10:21,000 --> 00:10:23,960 Speaker 1: think they need. Nor do they because they don't have 154 00:10:24,000 --> 00:10:26,760 Speaker 1: the legal education. And I'm not saying you have to 155 00:10:26,800 --> 00:10:29,559 Speaker 1: have a lawyer to have this sense, but I think 156 00:10:29,559 --> 00:10:33,760 Speaker 1: it helps that you don't have a sense of exactly 157 00:10:33,840 --> 00:10:39,160 Speaker 1: how consequential some of your decisions can be. A barber 158 00:10:39,480 --> 00:10:43,760 Speaker 1: school student in West Virginia has got to spend hundreds 159 00:10:43,760 --> 00:10:48,080 Speaker 1: of hours learning about microbiology, anatomy, sanitation customer relations. They 160 00:10:48,200 --> 00:10:51,800 Speaker 1: cannot touch ahead of your hair until they complete registration 161 00:10:51,920 --> 00:10:54,240 Speaker 1: with the state board, with the government. They have to 162 00:10:54,320 --> 00:10:57,679 Speaker 1: undergo a doctor's certification of health. They got to proved 163 00:10:57,720 --> 00:11:00,760 Speaker 1: mastery of infection control before they can even get the 164 00:11:00,800 --> 00:11:07,920 Speaker 1: license to cut one one hair on your head. A 165 00:11:08,000 --> 00:11:16,000 Speaker 1: magistrate judge, to contrast, can walk right into that courtroom 166 00:11:16,280 --> 00:11:19,640 Speaker 1: with no more preparation than a teenager fresh from high 167 00:11:19,640 --> 00:11:25,960 Speaker 1: school graduation. Now in West Virginia they require a rudimentary 168 00:11:26,040 --> 00:11:29,840 Speaker 1: law course, but it's not. It's just it would be 169 00:11:29,840 --> 00:11:33,839 Speaker 1: the equivalent of me going to a seminar. Go take 170 00:11:33,880 --> 00:11:36,559 Speaker 1: the seminar, and then you can be a magistrate judge. 171 00:11:38,040 --> 00:11:40,520 Speaker 1: Isn't it interesting that we kind of treat the barber's 172 00:11:41,040 --> 00:11:44,000 Speaker 1: trade as some sort of sacred trust that the government 173 00:11:44,040 --> 00:11:48,640 Speaker 1: has to regulate while justices had justice itself is handed 174 00:11:48,640 --> 00:11:51,400 Speaker 1: out to those with little more than a voter registration card. 175 00:11:52,640 --> 00:11:55,720 Speaker 1: As I said, the consequences are not theoretical. It was 176 00:11:55,760 --> 00:11:59,160 Speaker 1: a magistrate judge that released that violent fellon with a 177 00:11:59,200 --> 00:12:02,520 Speaker 1: long sheet on nothing more than just a promise that 178 00:12:02,600 --> 00:12:04,640 Speaker 1: you'll show back up in court on a particular day. 179 00:12:05,920 --> 00:12:08,480 Speaker 1: So he boarded a train to Charlotte stabbed that young 180 00:12:08,600 --> 00:12:12,280 Speaker 1: Ukrainian refugee, a woman who had fled war, only to 181 00:12:12,440 --> 00:12:16,319 Speaker 1: find death on American soil. This was not a clerical mistake. 182 00:12:16,360 --> 00:12:22,120 Speaker 1: It was a judicial decision, a decision made by somebody 183 00:12:22,320 --> 00:12:26,720 Speaker 1: entrusted with authority but did not have the training or 184 00:12:26,760 --> 00:12:32,120 Speaker 1: the discipline of the law. A lawyer with years of 185 00:12:32,200 --> 00:12:37,080 Speaker 1: legal education passing the bar, I would hope would have 186 00:12:37,200 --> 00:12:42,600 Speaker 1: understood the stakes. But putting a black robe on a 187 00:12:42,640 --> 00:12:45,800 Speaker 1: high school graduate does not guarantee that they're going to 188 00:12:45,840 --> 00:12:54,160 Speaker 1: understand that. Now, this is not just a bizarre example 189 00:12:54,240 --> 00:12:58,040 Speaker 1: that I wanted to pull out. It forces us to 190 00:12:58,200 --> 00:13:04,719 Speaker 1: ask what we value more, what's more important. Go back 191 00:13:04,720 --> 00:13:10,080 Speaker 1: to my example of I've never ever looked at a 192 00:13:10,120 --> 00:13:14,559 Speaker 1: barber's license, And in fact, while I know the barber 193 00:13:14,640 --> 00:13:17,000 Speaker 1: I've been using for I don't know, probably ten years now, 194 00:13:17,600 --> 00:13:20,679 Speaker 1: while I know he probably has his license, probably you know, 195 00:13:20,720 --> 00:13:24,200 Speaker 1: I'm sure in Colorado he's required to post that license somewhere. 196 00:13:24,600 --> 00:13:26,840 Speaker 1: I do know this. It's not in the chair I 197 00:13:26,880 --> 00:13:29,840 Speaker 1: sit where I get my hair cut, because I'm facing 198 00:13:29,880 --> 00:13:31,319 Speaker 1: the mirror and I've looked at the wall and I 199 00:13:31,360 --> 00:13:34,280 Speaker 1: don't see anything on the wall except you know some 200 00:13:34,480 --> 00:13:36,560 Speaker 1: a couple of family pictures and stuff. I've never seen 201 00:13:36,600 --> 00:13:43,320 Speaker 1: a license. Maybe I better ask him. Hmm, I need 202 00:13:43,320 --> 00:13:48,720 Speaker 1: to know whether or not you've got a license. But 203 00:13:48,920 --> 00:13:58,040 Speaker 1: think about it in terms of values, tidy appearances over justice. 204 00:13:59,360 --> 00:14:03,640 Speaker 1: We care more about split ins and getting the taper 205 00:14:03,679 --> 00:14:06,760 Speaker 1: on your neck just right then we do our constitutional rights. 206 00:14:08,280 --> 00:14:12,640 Speaker 1: We've really kind of screwed it our priorities. We entrust 207 00:14:12,720 --> 00:14:16,920 Speaker 1: the most delicate question of liberty to the least prepared 208 00:14:18,120 --> 00:14:22,320 Speaker 1: employee of the government. We force somebody who just wants 209 00:14:22,360 --> 00:14:25,480 Speaker 1: to cut hair into years of training thousands of dollars 210 00:14:25,480 --> 00:14:30,360 Speaker 1: of expense before they can put their scissors near my head. 211 00:14:31,360 --> 00:14:33,800 Speaker 1: But we allow a magistrate to wield the power of 212 00:14:33,840 --> 00:14:36,760 Speaker 1: the gavel with nothing more than just well, you're a 213 00:14:36,760 --> 00:14:43,880 Speaker 1: good person. If you defend this arrangement, then you are. 214 00:14:44,000 --> 00:14:49,040 Speaker 1: The defenders of this arrangement. Would argue that these magistrates 215 00:14:49,080 --> 00:14:53,440 Speaker 1: are supervised by the district judges and that they're continuing 216 00:14:53,640 --> 00:14:58,400 Speaker 1: education classes close the gap. But oversight is not the 217 00:14:58,400 --> 00:15:01,880 Speaker 1: same as competence, and seminars are not the same as 218 00:15:01,960 --> 00:15:06,760 Speaker 1: law school. Imagine if you will, let's okay, if if 219 00:15:06,800 --> 00:15:08,960 Speaker 1: you if that's what you believe and you think that 220 00:15:09,000 --> 00:15:11,760 Speaker 1: we you know, it's okay, then how about we just 221 00:15:11,880 --> 00:15:15,880 Speaker 1: put in our hospitals high school graduates and just tell 222 00:15:15,880 --> 00:15:19,320 Speaker 1: the public don't worry about becoming a licensed doctor. Uh 223 00:15:19,400 --> 00:15:22,240 Speaker 1: you know, just you know, make sure that you don't 224 00:15:23,040 --> 00:15:26,480 Speaker 1: you put the stitches in right, don't get people infected. 225 00:15:27,720 --> 00:15:31,040 Speaker 1: You wouldn't accept that. There's no way you would accept that. 226 00:15:32,120 --> 00:15:34,760 Speaker 1: Why do we accept it? When it comes to justice. 227 00:15:36,240 --> 00:15:40,160 Speaker 1: If we pride ourselves on the rule of law, which 228 00:15:40,200 --> 00:15:46,120 Speaker 1: we do, that's not served by populating the courts with laymen. 229 00:15:47,120 --> 00:15:50,360 Speaker 1: It's undermine. Now you want if you want to make 230 00:15:50,360 --> 00:15:53,280 Speaker 1: the argument that I'm making this argument because I am 231 00:15:53,400 --> 00:15:57,600 Speaker 1: a lawyer, then have at it, because I'll throw right 232 00:15:57,680 --> 00:16:00,520 Speaker 1: back in your face. Okay, Well, then do you want 233 00:16:00,560 --> 00:16:04,080 Speaker 1: to go to court with someone if you are on 234 00:16:04,200 --> 00:16:07,000 Speaker 1: trial for murder? Do you want to be the yahoo 235 00:16:07,000 --> 00:16:12,080 Speaker 1: for example, that's defending himself against the attempted Trump assassination 236 00:16:13,000 --> 00:16:15,440 Speaker 1: in front of Judge Eileen Cannon in that federal court 237 00:16:15,480 --> 00:16:19,440 Speaker 1: down in West Palm Beach. How would you like for 238 00:16:19,480 --> 00:16:22,000 Speaker 1: that guy to be your lawyer? He's making a fool 239 00:16:22,040 --> 00:16:28,400 Speaker 1: of himself. What would you think if the judge instead 240 00:16:28,400 --> 00:16:32,720 Speaker 1: of Eileen Cannon was a magistrate without a law degree 241 00:16:33,360 --> 00:16:38,200 Speaker 1: who didn't have any experience in the law whatsoever. The 242 00:16:38,240 --> 00:16:41,480 Speaker 1: citizen who stands before a magistrate judge in West Virginia 243 00:16:41,920 --> 00:16:44,480 Speaker 1: ought to demand that they have a jurist, a judge 244 00:16:44,520 --> 00:16:47,000 Speaker 1: that is trained in the law, and not an amateur 245 00:16:47,040 --> 00:16:50,720 Speaker 1: with a high school diploma. We have a right to 246 00:16:50,880 --> 00:16:55,400 Speaker 1: expect that the people who decide questions have bailed liberty, freedom, 247 00:16:55,680 --> 00:16:59,240 Speaker 1: criminal guilt, or innocence have at least the same professional 248 00:16:59,280 --> 00:17:03,720 Speaker 1: preparation as those people that cut our hair. This is absurd, 249 00:17:03,800 --> 00:17:08,480 Speaker 1: It's ludicrous. It's absurd that barbered licensing in West Virginia 250 00:17:08,680 --> 00:17:14,120 Speaker 1: has more stringent requirements than to be a genant. It's 251 00:17:14,160 --> 00:17:17,240 Speaker 1: outrageous that you've got to have twelve hundred hours of 252 00:17:17,280 --> 00:17:20,760 Speaker 1: study to cut bangs, but not one single semester to 253 00:17:20,800 --> 00:17:25,520 Speaker 1: set bail, and we see the price that we pay 254 00:17:25,560 --> 00:17:30,080 Speaker 1: for it. Now, let me make clear I think we 255 00:17:30,119 --> 00:17:34,000 Speaker 1: need better judges at every level. We cannot rely on 256 00:17:34,160 --> 00:17:38,760 Speaker 1: uneducated Dei style appointments that prize diversity and quota is 257 00:17:38,800 --> 00:17:43,320 Speaker 1: over competence in the law. Non lawyers serving as magistrates 258 00:17:43,359 --> 00:17:47,240 Speaker 1: or issuing search warrants, authorizing arrests, setting bail and two 259 00:17:47,280 --> 00:17:51,200 Speaker 1: often giving slaps on the wrist. And some of these 260 00:17:51,240 --> 00:18:03,000 Speaker 1: district judges are just as bad. I'll explain Next to night. 261 00:18:03,040 --> 00:18:05,280 Speaker 1: Michael Brown joins me here, the former FEMA director of 262 00:18:05,280 --> 00:18:08,240 Speaker 1: talk show host Michael Brown. Brownie, no, Brownie, You're doing 263 00:18:08,280 --> 00:18:10,919 Speaker 1: a heck of a job The Weekend with Michael Brown. 264 00:18:11,520 --> 00:18:13,280 Speaker 1: Welcome back to the Weekend with Michael Brown. Glad to 265 00:18:13,280 --> 00:18:15,120 Speaker 1: have you with me. I appreciate you tuning in text 266 00:18:15,160 --> 00:18:17,639 Speaker 1: line three to three wednes eero three keyword Michael, Michael. 267 00:18:18,680 --> 00:18:21,640 Speaker 1: Last segment, we were talking about how these magistrate judges, 268 00:18:22,640 --> 00:18:27,080 Speaker 1: like the one that set the the thug free that 269 00:18:27,200 --> 00:18:30,800 Speaker 1: killed the Ukrainian woman on the light rail in North 270 00:18:30,800 --> 00:18:36,879 Speaker 1: Carolina and Charlotte, how we put more value on the 271 00:18:36,920 --> 00:18:43,400 Speaker 1: regulation of a barber than we do our values of justice. Well, 272 00:18:43,640 --> 00:18:46,520 Speaker 1: I've picked on these magistrate judges, which is the lowest 273 00:18:46,600 --> 00:18:51,119 Speaker 1: level of judge that you can imagine. Let's think about 274 00:18:51,240 --> 00:18:58,360 Speaker 1: the federal district courts now, just for basic understanding, these 275 00:18:58,800 --> 00:19:01,760 Speaker 1: are called Article three courts. If you read Article three 276 00:19:01,800 --> 00:19:06,679 Speaker 1: of the US const Constitution, and in essence says we 277 00:19:06,840 --> 00:19:11,560 Speaker 1: establish a Supreme Court of the United States to decide 278 00:19:11,920 --> 00:19:18,400 Speaker 1: judicial questions about statutes and constitutionality, and then such other 279 00:19:18,520 --> 00:19:24,960 Speaker 1: courts as Congress may from time to time prescribe. So 280 00:19:25,240 --> 00:19:29,359 Speaker 1: the appellate courts. You have the Supreme Court as the 281 00:19:29,359 --> 00:19:33,639 Speaker 1: top court. Below that, you have the appellate courts. You 282 00:19:33,680 --> 00:19:36,480 Speaker 1: have the first appellate, the first Circuit. You have the 283 00:19:36,520 --> 00:19:40,360 Speaker 1: second Circuit, the ninth Circuit, the tenth Circuit. Those are 284 00:19:40,600 --> 00:19:45,480 Speaker 1: appellate courts that cover different states. They cover a group 285 00:19:45,520 --> 00:19:51,880 Speaker 1: of states. Then you have the district courts, which lawyers 286 00:19:51,920 --> 00:19:55,600 Speaker 1: refer to as the trial court. That's where the trials start. 287 00:19:56,960 --> 00:20:00,600 Speaker 1: So for example, in Colorado, we have one district. We 288 00:20:00,640 --> 00:20:06,119 Speaker 1: have the District of Colorado. And let me think Oklahoma. 289 00:20:06,160 --> 00:20:08,679 Speaker 1: You you have two districts. I think you have the 290 00:20:08,720 --> 00:20:12,239 Speaker 1: Western District, which is pretty much western Oklahoma, and then 291 00:20:12,280 --> 00:20:15,000 Speaker 1: you have the Northern District, which is kind of the 292 00:20:15,040 --> 00:20:19,320 Speaker 1: northeast corner of Oklahoma. Other states have numerous districts that 293 00:20:19,480 --> 00:20:22,360 Speaker 1: you know, Texas will have numerous districts because of its 294 00:20:22,359 --> 00:20:27,400 Speaker 1: population in size. All of those courts and the jurisdiction 295 00:20:27,520 --> 00:20:32,720 Speaker 1: of those courts are established by Congress, so that means 296 00:20:32,720 --> 00:20:39,600 Speaker 1: Congress can eliminate those courts their Article three courts. When 297 00:20:39,640 --> 00:20:43,560 Speaker 1: Trump started his second term, the Chief Justice John Roberts 298 00:20:44,320 --> 00:20:49,439 Speaker 1: warned the Trump administration about the dangers of ignoring Supreme 299 00:20:49,440 --> 00:20:54,840 Speaker 1: Court orders. Now, contrary to some media predictions, it was 300 00:20:54,880 --> 00:20:58,560 Speaker 1: not the executive but it was the lower courts, the 301 00:20:58,600 --> 00:21:01,240 Speaker 1: trial courts, that have been the ones that have been 302 00:21:01,359 --> 00:21:06,359 Speaker 1: challenging the authority of the US Supreme Court. These inferior courts, 303 00:21:06,440 --> 00:21:09,960 Speaker 1: the trial courts as we refer to them, so designated 304 00:21:10,000 --> 00:21:14,639 Speaker 1: by the Constitution, they do serve a vital role, but 305 00:21:14,720 --> 00:21:18,280 Speaker 1: they have to comply with the rulings of the Supreme Court. 306 00:21:21,560 --> 00:21:27,240 Speaker 1: The value system in this country, whether it's like magistrate 307 00:21:27,320 --> 00:21:32,520 Speaker 1: judges versus barbers, we have a value system here where 308 00:21:32,560 --> 00:21:38,119 Speaker 1: these lower inferior trial courts are ignoring the rulings of 309 00:21:38,160 --> 00:21:41,280 Speaker 1: the U. S. Supreme Court. There's been a pattern that 310 00:21:41,320 --> 00:21:47,000 Speaker 1: has emerged. Trial court judges, particularly in coastal circuits, have 311 00:21:47,119 --> 00:21:50,640 Speaker 1: been blocking the Trump administration initiatives at a remarkable rate, 312 00:21:51,160 --> 00:21:55,280 Speaker 1: sometimes issuing emergency rulings within hours, often without the full 313 00:21:55,320 --> 00:21:58,719 Speaker 1: breathing or the hearing. Just boom, somebody comes in, they 314 00:21:58,760 --> 00:22:01,679 Speaker 1: want an injunction, and they just give the injunction and 315 00:22:01,720 --> 00:22:04,160 Speaker 1: then schedule a hearing, you know, for two, three, four 316 00:22:04,160 --> 00:22:12,359 Speaker 1: weeks later. Through procedural maneuvers, those trial court orders could 317 00:22:12,359 --> 00:22:15,720 Speaker 1: be insulated from being heard by an appellate court for weeks. 318 00:22:16,800 --> 00:22:20,520 Speaker 1: And of course the lawyers for the NGOs or the 319 00:22:20,520 --> 00:22:24,320 Speaker 1: illegal aliens, whoever it might be, are doing what's called 320 00:22:24,760 --> 00:22:30,000 Speaker 1: forum shopping. They're trying to find a favorable trial court 321 00:22:30,119 --> 00:22:33,480 Speaker 1: judge that, based on everything they've read, learned, or heard 322 00:22:33,520 --> 00:22:36,919 Speaker 1: about this judge through their confirmation or their previous rulings 323 00:22:37,000 --> 00:22:41,080 Speaker 1: or already anything else, they think is probably most likely 324 00:22:41,119 --> 00:22:43,439 Speaker 1: going to rule in our favor. So we'll run to 325 00:22:43,600 --> 00:22:48,280 Speaker 1: them because we also shop, or they shop for the 326 00:22:48,320 --> 00:22:54,119 Speaker 1: most favorable appellate court ruling. So, faced with this repeated 327 00:22:54,119 --> 00:22:59,320 Speaker 1: obstruction by these trial courts and the appellate courts, the 328 00:22:59,400 --> 00:23:03,359 Speaker 1: Department of Justice, the Trump administration, their only recourse was 329 00:23:03,640 --> 00:23:07,880 Speaker 1: to the US Supreme Court. This gave rise to what's 330 00:23:07,920 --> 00:23:12,640 Speaker 1: called a shadow docket, sometimes referred to as the emergency docket. 331 00:23:13,480 --> 00:23:17,639 Speaker 1: That's where the Supreme Court's use of expedited orders to 332 00:23:17,760 --> 00:23:21,119 Speaker 1: quickly and promptly address this defiance at the lower court 333 00:23:22,000 --> 00:23:26,560 Speaker 1: what Justice Kavanaugh called quote the interrum before the interim, 334 00:23:26,920 --> 00:23:30,080 Speaker 1: because without that kind of intervention, the trial court judges 335 00:23:30,080 --> 00:23:35,240 Speaker 1: effectively were having the final word on executive power. Wait 336 00:23:35,280 --> 00:23:40,760 Speaker 1: a minute, that's a complete bastardization. That's a reversal of 337 00:23:40,840 --> 00:23:47,320 Speaker 1: the design of the constitution, wholly unconstitutional and absolutely in 338 00:23:47,440 --> 00:23:50,679 Speaker 1: violation of the values of justice that we have in 339 00:23:50,720 --> 00:23:55,159 Speaker 1: our constitution. And there have been three different kinds of 340 00:23:55,200 --> 00:24:00,200 Speaker 1: cases that illustrate what I'm talking about. The first one 341 00:24:01,000 --> 00:24:05,600 Speaker 1: the power of the executive branch to deport. In a 342 00:24:05,600 --> 00:24:09,119 Speaker 1: case called Department of Homeland Security versus DVD of Boston, 343 00:24:09,200 --> 00:24:13,960 Speaker 1: Distry court judge blocked deportations to South Sudan. They ordered 344 00:24:14,000 --> 00:24:18,719 Speaker 1: the detained aliens to remain at a military base in Djibouti. 345 00:24:20,080 --> 00:24:22,760 Speaker 1: I'm not going to tell you Wherejibouti is. I bet 346 00:24:22,800 --> 00:24:24,960 Speaker 1: you don't know. Some of you probably do, but I 347 00:24:25,000 --> 00:24:31,680 Speaker 1: bet a lot of you don't. This planeload of properly 348 00:24:31,760 --> 00:24:35,040 Speaker 1: deported illegal aliens was on their way to South Sudan. 349 00:24:35,520 --> 00:24:39,240 Speaker 1: Now why South Sudan, and say not Venezuela because the 350 00:24:39,600 --> 00:24:43,640 Speaker 1: illegal aliens argue that they would face persecution in Venezuela. 351 00:24:44,000 --> 00:24:47,679 Speaker 1: And the law specifically says that if the deportee is 352 00:24:47,720 --> 00:24:52,040 Speaker 1: going to face persecution in their home country. They can 353 00:24:52,119 --> 00:24:58,000 Speaker 1: be deported to any other country. So the administration says, okay, 354 00:24:58,200 --> 00:25:00,440 Speaker 1: we have a treaty, we have an agreement with South Sudan. 355 00:25:00,720 --> 00:25:03,000 Speaker 1: We'll take them to South Sudan. The planes on the 356 00:25:03,000 --> 00:25:06,800 Speaker 1: way to South Sudan. The court rules, no, you're refueling 357 00:25:06,880 --> 00:25:11,159 Speaker 1: in Djibouti. Now. In Djibouti there were no facilities, no 358 00:25:11,200 --> 00:25:12,879 Speaker 1: place to hold them, no way to feed them or 359 00:25:12,880 --> 00:25:19,160 Speaker 1: anything else, just to military base. The trial court said, 360 00:25:19,800 --> 00:25:23,960 Speaker 1: stay in Djibouti. You can't go to South Sudan. Now 361 00:25:24,000 --> 00:25:30,000 Speaker 1: the Supreme Court swiftly reversed. But guess what the district judge. 362 00:25:30,040 --> 00:25:34,840 Speaker 1: The trial judge insisted that his earlier orders still stood 363 00:25:35,720 --> 00:25:40,200 Speaker 1: acclaim back by citing a dissent in the Supreme Court, 364 00:25:40,680 --> 00:25:50,400 Speaker 1: not the majority. This is like completely ignoring everything that 365 00:25:50,440 --> 00:25:54,080 Speaker 1: we as lawyers learned in law school and that you, 366 00:25:54,400 --> 00:25:58,119 Speaker 1: as a layman, should understand that when the Supreme Court 367 00:25:58,200 --> 00:26:03,040 Speaker 1: tells you a trial judge, no, then you have to 368 00:26:03,040 --> 00:26:06,240 Speaker 1: follow the majority ruling. You don't look to one of 369 00:26:06,280 --> 00:26:08,800 Speaker 1: the two or three dissenting judges and say, well, I 370 00:26:08,880 --> 00:26:11,720 Speaker 1: agree with what they said, not what the majority said. 371 00:26:12,480 --> 00:26:14,480 Speaker 1: Can you imagine that let's say that we didn't have 372 00:26:15,480 --> 00:26:18,160 Speaker 1: a that you didn't have to have a unanimous verdict 373 00:26:18,200 --> 00:26:22,600 Speaker 1: in a murder case, and so you could convince. You know, 374 00:26:22,880 --> 00:26:26,200 Speaker 1: out of twelve jurors, you got three that find you innocent, 375 00:26:26,320 --> 00:26:28,960 Speaker 1: nine that want to find you guilty. And the judge says, well, 376 00:26:28,960 --> 00:26:30,399 Speaker 1: I think the three are right. I'm going to go 377 00:26:30,440 --> 00:26:33,480 Speaker 1: with the three. You would be appalled at that. No, 378 00:26:34,440 --> 00:26:37,159 Speaker 1: it's supposed to be unanimous or even if it's a 379 00:26:37,200 --> 00:26:41,399 Speaker 1: civil case. And the judge said, well, the majority found 380 00:26:41,440 --> 00:26:44,359 Speaker 1: against you, but I agree with these three jurors that 381 00:26:44,480 --> 00:26:46,960 Speaker 1: were for you, so I'm going to find for you too. 382 00:26:49,160 --> 00:26:51,879 Speaker 1: The Supreme Court had to reassert. They had to reassert 383 00:26:51,920 --> 00:26:57,400 Speaker 1: themselves twice, reversing the same judge in Boston two weeks 384 00:26:57,440 --> 00:27:03,159 Speaker 1: in a row. Even one of the dissenting justices that 385 00:27:03,240 --> 00:27:07,360 Speaker 1: the trial judge was relying on. Justice Kagan said, wait 386 00:27:07,400 --> 00:27:11,840 Speaker 1: a minute, you can't do this. The majority spoke. You 387 00:27:11,880 --> 00:27:14,720 Speaker 1: have to follow what the majority said, not what I said. 388 00:27:15,119 --> 00:27:17,399 Speaker 1: I made my argument, but I lost. You have to 389 00:27:17,400 --> 00:27:21,080 Speaker 1: follow the majority. The trial judges are out of control. 390 00:27:22,240 --> 00:27:24,960 Speaker 1: That's the first group of cases. The second group of 391 00:27:25,000 --> 00:27:30,840 Speaker 1: cases involved the removal authority of the president for over 392 00:27:30,880 --> 00:27:34,960 Speaker 1: a decade. Now, the Supreme Court has supported broad executive 393 00:27:35,000 --> 00:27:40,399 Speaker 1: removal powers. Yet the lord these trial court judges repeatedly 394 00:27:40,440 --> 00:27:45,199 Speaker 1: blocked Trump's attempts to fire certain executive officers, sometimes even 395 00:27:45,320 --> 00:27:49,040 Speaker 1: ordering them to be reinstated. So let's get to the 396 00:27:49,080 --> 00:27:53,240 Speaker 1: Supreme Court. In a case called Trump v. Wilcox, the 397 00:27:53,280 --> 00:27:57,480 Speaker 1: president ruled I'm sorry. The court ruled that the president 398 00:27:57,680 --> 00:28:03,280 Speaker 1: could remove board members, but a Maryland judge disregard of 399 00:28:03,320 --> 00:28:07,760 Speaker 1: the Supreme Court, prompting yet another Supreme Court intervention and 400 00:28:07,800 --> 00:28:11,480 Speaker 1: a direct order. Now the cases were not meaningfully different. 401 00:28:12,320 --> 00:28:15,679 Speaker 1: The lower courts must comply. So when it came to 402 00:28:15,720 --> 00:28:18,280 Speaker 1: the president being able to remove people, I mean, think 403 00:28:18,320 --> 00:28:20,840 Speaker 1: about it. We have a unified executive who's in charge 404 00:28:20,880 --> 00:28:25,080 Speaker 1: of the executive branch, whether it's the Department of Commerce 405 00:28:25,480 --> 00:28:29,480 Speaker 1: or it's the FCC, the president is. We don't have 406 00:28:29,520 --> 00:28:33,199 Speaker 1: a fourth branch of government out there. We kind of 407 00:28:33,240 --> 00:28:36,240 Speaker 1: euphemistically refer to the media as the fourth branch, but 408 00:28:36,280 --> 00:28:41,280 Speaker 1: they're not a branch of government. These trial judges are 409 00:28:41,320 --> 00:28:44,200 Speaker 1: freaking out of control. So you've got the cases of 410 00:28:44,720 --> 00:28:49,440 Speaker 1: the power to deport, the power to remove, and next 411 00:28:49,640 --> 00:28:51,800 Speaker 1: I want to talk about the power of spending in 412 00:28:51,840 --> 00:29:02,440 Speaker 1: the jurisdiction of the court. That's next. We'll be right back. Hey, 413 00:29:02,440 --> 00:29:04,160 Speaker 1: you've been listening to the Weekend with Michael Brown, and 414 00:29:04,160 --> 00:29:06,440 Speaker 1: I really do appreciate it. I appreciate you tuning in. 415 00:29:06,480 --> 00:29:09,880 Speaker 1: I don't take this audience for granted whatsoever. I appreciate 416 00:29:09,920 --> 00:29:13,120 Speaker 1: the text messages. I appreciate the follow the follows on 417 00:29:13,440 --> 00:29:16,400 Speaker 1: X at Michael Brown USA. And I appreciate you telling 418 00:29:16,480 --> 00:29:19,800 Speaker 1: other friends and family and your enemies about this program. 419 00:29:20,280 --> 00:29:23,600 Speaker 1: I like it when people hate listen. Their text messages 420 00:29:23,640 --> 00:29:26,400 Speaker 1: are always the best. So we're talking about these out 421 00:29:26,400 --> 00:29:29,440 Speaker 1: of control trial judges, and I've told you that there 422 00:29:29,440 --> 00:29:34,240 Speaker 1: were there are three major cases. There's the executive power 423 00:29:34,240 --> 00:29:38,000 Speaker 1: of the president's power to deport, which is enshrine and statute. 424 00:29:38,880 --> 00:29:44,400 Speaker 1: There's the president's authority to fire people. That's because he's 425 00:29:44,440 --> 00:29:48,280 Speaker 1: the he's at the apex of the executive branch. He's 426 00:29:48,320 --> 00:29:51,560 Speaker 1: the head honcho, he's the boss. And even if you're 427 00:29:51,560 --> 00:29:56,160 Speaker 1: an independent agency like the FCC or the FAA, nonetheless 428 00:29:56,240 --> 00:29:59,120 Speaker 1: you are a part of the executive branch. And then 429 00:29:59,160 --> 00:30:02,720 Speaker 1: there's a third te and that's federal spending and the 430 00:30:02,760 --> 00:30:10,760 Speaker 1: Court's jurisdiction. So Trump's efforts to cut government spending caused 431 00:30:10,760 --> 00:30:14,360 Speaker 1: some of these blue states, these Democrat controlled states to 432 00:30:14,440 --> 00:30:19,080 Speaker 1: sue in favorable forms. And again Boston, crazy people in Boston. 433 00:30:19,120 --> 00:30:23,479 Speaker 1: What's going on out there? They sued in Boston. And 434 00:30:23,520 --> 00:30:25,680 Speaker 1: the reason I say what's going on out there is 435 00:30:25,720 --> 00:30:31,600 Speaker 1: because if you're going to sue, if the state of 436 00:30:31,640 --> 00:30:38,720 Speaker 1: Illinois is going to sue Trump overcutting spending, Congress established 437 00:30:38,720 --> 00:30:42,520 Speaker 1: what's called the Court of Federal Claims, that's where you 438 00:30:42,600 --> 00:30:46,120 Speaker 1: take your case. But they keep going to Boston because 439 00:30:46,120 --> 00:30:49,040 Speaker 1: they got a crazy, dumbass federal judge out there that 440 00:30:49,280 --> 00:30:53,520 Speaker 1: apparently has serious case of Trump derangement syndrome and is 441 00:30:53,560 --> 00:30:58,440 Speaker 1: always ruling against Trump. Well, the Supreme Court comes in 442 00:30:58,720 --> 00:31:01,960 Speaker 1: and redirects those case to the proper venue in a 443 00:31:02,040 --> 00:31:06,560 Speaker 1: case called Department of Education versus California. Now, some district 444 00:31:06,600 --> 00:31:12,200 Speaker 1: judges refused, they continue to order payouts, and what do 445 00:31:12,280 --> 00:31:15,680 Speaker 1: they do. Like in the case about removal of employees, 446 00:31:16,000 --> 00:31:21,800 Speaker 1: they were citing the dissent as the precedent, not the majority. 447 00:31:23,080 --> 00:31:28,120 Speaker 1: So what happened That prompted the Supreme Court to issue 448 00:31:28,320 --> 00:31:34,160 Speaker 1: further clarifications reiterating that lower courts cannot circumvent high court rulings. 449 00:31:34,840 --> 00:31:38,880 Speaker 1: This is where Justice score Such wrote a scathing sentence 450 00:31:39,400 --> 00:31:43,160 Speaker 1: that basically said, you don't have the power to do this. 451 00:31:44,400 --> 00:31:50,360 Speaker 1: We're the final say and you must do what we say. 452 00:31:50,920 --> 00:31:52,920 Speaker 1: Which leads me to what I want you to think about. 453 00:31:55,560 --> 00:32:03,720 Speaker 1: What explains this disregard, What explains this absolute disregard for 454 00:32:03,840 --> 00:32:08,920 Speaker 1: the constitutional order, the constitutional system that we have that 455 00:32:10,040 --> 00:32:12,400 Speaker 1: I would say, I would argue that it wasn't even 456 00:32:12,400 --> 00:32:17,280 Speaker 1: this bad during Biden or during Obama. Now there's always 457 00:32:17,280 --> 00:32:20,680 Speaker 1: been forum shopping, but there's never been this defiance of 458 00:32:20,720 --> 00:32:26,600 Speaker 1: the Supreme Court. Historically, courts a courd a presumpt what's 459 00:32:26,640 --> 00:32:31,760 Speaker 1: called a presumption of regularity to executive actions, to executive decisions, 460 00:32:32,800 --> 00:32:37,680 Speaker 1: a presumption that's and that presumption of regularity is you 461 00:32:37,760 --> 00:32:40,960 Speaker 1: start with the premise that the executive branch has the 462 00:32:41,040 --> 00:32:44,000 Speaker 1: power to do what it's doing. So you start from 463 00:32:44,040 --> 00:32:48,080 Speaker 1: that premise and then you start working backwards. Is is 464 00:32:48,160 --> 00:32:51,280 Speaker 1: it legitimate? Is it? Does he have that authority? So 465 00:32:51,400 --> 00:32:54,720 Speaker 1: that takes time. You start with presumption the president has 466 00:32:54,760 --> 00:32:57,239 Speaker 1: the authority. So if you're a trial court, you're a 467 00:32:57,280 --> 00:33:00,840 Speaker 1: trial judge, you start with the presumption of regularity. You 468 00:33:00,880 --> 00:33:02,800 Speaker 1: don't start with the presumption. No, we can do it 469 00:33:02,840 --> 00:33:05,960 Speaker 1: an issue an injunction and then force the Supreme Court 470 00:33:06,040 --> 00:33:12,520 Speaker 1: to issue an emergency order. That presumption of regularity was 471 00:33:12,560 --> 00:33:16,840 Speaker 1: completely withdrawn and ignored from President Trump in these lower 472 00:33:16,920 --> 00:33:22,440 Speaker 1: court rulings. But I don't care whether the president's Republican 473 00:33:22,520 --> 00:33:25,120 Speaker 1: or Democrats. I don't care if it's Joe Biden. No 474 00:33:25,360 --> 00:33:29,640 Speaker 1: president should lose that presumption because it is based on 475 00:33:30,120 --> 00:33:34,040 Speaker 1: what It's based on the legitimacy of our elections, not 476 00:33:34,320 --> 00:33:41,680 Speaker 1: political opinion. Now this breakdown has triggered emergency appeals, and 477 00:33:41,720 --> 00:33:44,280 Speaker 1: now we have this epidemic of lower court decisions that 478 00:33:44,360 --> 00:33:47,800 Speaker 1: are contradicting Supreme Court orders. Do you know there's nearly 479 00:33:47,840 --> 00:33:54,120 Speaker 1: two dozen of these cases just to score such to 480 00:33:54,200 --> 00:33:58,440 Speaker 1: quote him verbatim, When this Court issues a decision, it 481 00:33:58,600 --> 00:34:02,719 Speaker 1: constitutes a precedent that commands the respect in lower courts. 482 00:34:03,320 --> 00:34:09,240 Speaker 1: Courts may not so easily circumvent precedent. So the Supreme 483 00:34:09,280 --> 00:34:15,080 Speaker 1: Court's interventions, Yeah, they're reluctant, but they're necessary. The lower 484 00:34:15,120 --> 00:34:19,160 Speaker 1: court resistance to precedent is more dangerous for the rule 485 00:34:19,200 --> 00:34:23,360 Speaker 1: of law than concerns about executive overreach, because if the 486 00:34:23,400 --> 00:34:31,560 Speaker 1: pattern persists, that ends up creating chaos and undermines judicial legitimacy. 487 00:34:32,200 --> 00:34:39,120 Speaker 1: I specifically tell you that it risks chaos for a reason. Why, 488 00:34:40,719 --> 00:34:45,839 Speaker 1: Because if you understand Cloward and Piven, if you understand 489 00:34:46,040 --> 00:34:54,879 Speaker 1: Olenski's rules for radicals, you understand that radical Marxist Democrats 490 00:34:55,480 --> 00:34:59,000 Speaker 1: want to sow chaos because they think that's how they 491 00:34:59,040 --> 00:35:04,280 Speaker 1: bring about the rebel. The framers of the Constitution placed 492 00:35:04,440 --> 00:35:08,440 Speaker 1: lower courts beneath the Supreme Court in order to maintain 493 00:35:08,960 --> 00:35:14,960 Speaker 1: legal order, unity, and to avoid chaos. So this is 494 00:35:15,000 --> 00:35:17,919 Speaker 1: not about which party is in power. It's about whether 495 00:35:17,960 --> 00:35:20,640 Speaker 1: the integrity of our system that's rooted in respect for 496 00:35:20,719 --> 00:35:27,320 Speaker 1: binding precedent can endure. It is absolutely critical that lower 497 00:35:27,320 --> 00:35:32,160 Speaker 1: court judges rediscover the presumption of judicial regularity and faithfully 498 00:35:32,200 --> 00:35:36,680 Speaker 1: follow the Supreme Court's guidance, or this country will fail. 499 00:35:38,160 --> 00:35:41,719 Speaker 1: So while we've got the violence on the streets, we've 500 00:35:41,760 --> 00:35:44,480 Speaker 1: got all the NGOs, we've got George Soros and all 501 00:35:44,520 --> 00:35:47,840 Speaker 1: these people fighting us at every turn, we now have 502 00:35:47,920 --> 00:35:51,640 Speaker 1: the courts doing exactly the same thing. We should actually 503 00:35:51,719 --> 00:35:55,680 Speaker 1: be grateful that people like Justice Kagan, who dissents in 504 00:35:55,760 --> 00:36:01,520 Speaker 1: most of these cases, she herself says, stop it, stop 505 00:36:01,560 --> 00:36:07,800 Speaker 1: it when a so called air quote here liberal judge 506 00:36:08,200 --> 00:36:13,440 Speaker 1: tells the trial court judges, stop your insanity. We lost. 507 00:36:14,160 --> 00:36:17,040 Speaker 1: I'm in the minority on this decision. You must follow 508 00:36:17,040 --> 00:36:22,080 Speaker 1: the majority. You know, it's gotten pretty bad. We should 509 00:36:22,080 --> 00:36:26,239 Speaker 1: be grateful that recent Supreme Court interventions have for it, 510 00:36:26,280 --> 00:36:31,440 Speaker 1: at least now halted this failure of this lower court revolt. 511 00:36:31,719 --> 00:36:35,680 Speaker 1: And the Justice Kagan, whom I almost always disagree with, 512 00:36:36,239 --> 00:36:40,360 Speaker 1: has stepped up and said the judicial hierarchy matters and 513 00:36:40,440 --> 00:36:44,160 Speaker 1: the rule of law depends on it. Put that in 514 00:36:44,200 --> 00:36:46,680 Speaker 1: your pipe and smoke it this weekend. Thanks for tuning 515 00:36:46,719 --> 00:36:49,360 Speaker 1: into the Weekend with Michael Brown. Everybody have a great weekend. 516 00:36:49,800 --> 00:36:52,840 Speaker 1: I'll see you next weekend.