WEBVTT - Bloomberg Law Brief: Executive Order on Nat’l Monuments (Audio)

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<v Speaker 1>Well, now it's time for our daily Bloomberg Lab Brief,

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<v Speaker 1>exploring legal issues in the news, and the law Brief

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<v Speaker 1>is brought to you by American Arbitration Association. Business disputes

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<v Speaker 1>At a dr dot Org, Bloomberg LA host June Grosso

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<v Speaker 1>and Greg Store discussed President Trump's executive order that could

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<v Speaker 1>rescind national monument designations. They speak with Charles Warren, a

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<v Speaker 1>partner at Cramer Levin Off Talas and Frankel, and John Leshy,

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<v Speaker 1>professor at the University of California Hastings College of Law,

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<v Speaker 1>John Leshie. Let me start with you, where does the

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<v Speaker 1>authority come from in the first place for a president

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<v Speaker 1>to designate an area of land or an area of

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<v Speaker 1>the sea as a national monument comes from the Antiquities

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<v Speaker 1>Act of Statute Congress past back then. That has actually

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<v Speaker 1>been one of the most used and most successful conservation

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<v Speaker 1>statutes in American history. It applies only to federal land,

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<v Speaker 1>does not apply to state or private land, but it

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<v Speaker 1>authorizes the president to set aside uh and protect objects

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<v Speaker 1>of historic or scientific interest on those lands. Practically every

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<v Speaker 1>president since nineteen o six has used this authority presidents

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<v Speaker 1>of both parties and set aside well over a hundred

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<v Speaker 1>million acres of land on shore and several hundred millions

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<v Speaker 1>of acres of land off shore. John Let's stick on

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<v Speaker 1>the idea that a president might completely resin as opposed

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<v Speaker 1>to scale back at national monuments. Why should it be,

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<v Speaker 1>I mean, why shouldn't this be Like, you know, president

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<v Speaker 1>appoints somebody, a president can fire somebody. Why can't a

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<v Speaker 1>president undo an action taken by a previous previous president. Well,

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<v Speaker 1>I think it has to do with the special field

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<v Speaker 1>of public land law, which has always been somewhat different

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<v Speaker 1>from other areas of federal law. And around the same

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<v Speaker 1>time that Congress passed the Antiquities Act in nineteen o six,

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<v Speaker 1>it passed a number of other statutes that authorized the

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<v Speaker 1>president to take action to protect lands of federal lands

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<v Speaker 1>in one way or another. And in those other statutes

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<v Speaker 1>it said it gave the president authority to set aside

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<v Speaker 1>or unset aside. In other words, it specifically said you

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<v Speaker 1>can do this or you can revoke this. But in

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<v Speaker 1>the Antiquities Act. It stands out because it's one way.

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<v Speaker 1>It says you can set aside and protect land, but

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<v Speaker 1>it didn't say you could unprotect them. Check national monument

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<v Speaker 1>status has been revoked from only eleven sites, and each

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<v Speaker 1>of those cases Congress took away the site's national monument status.

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<v Speaker 1>Is that a strong indicator that it's Congress that should

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<v Speaker 1>do this. Yes, it really is Congress that has the

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<v Speaker 1>authority over public lands in the United States, and they

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<v Speaker 1>can do whatever they want. But I think it's a

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<v Speaker 1>stretch to say that the President, acting on his own,

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<v Speaker 1>can revoke one of these things. And that's Charles Warren,

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<v Speaker 1>a partner at Cramer Levin, enough Talis and Frankel, and

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<v Speaker 1>John Lushy, professor at the University of California Hastings College

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<v Speaker 1>of Law, speaking with Bloomberg, La Hoos, Sting Grosso and

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<v Speaker 1>Greg Sture. You can listen to Bloomberg Law Days at

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<v Speaker 1>one pm Wall Street Time here on Bloomberg Radio Now.

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<v Speaker 1>Among the top legal stories from Bloomberg Law, a trial

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<v Speaker 1>in New York is bringing back memories of the financial crisis.

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<v Speaker 1>Failed investment bank Lehman Brothers is trying to recover two

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<v Speaker 1>billion dollars from its old derivatives trading partners City Group.

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<v Speaker 1>Lehman says City created phantom transaction costs to create a

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<v Speaker 1>bankruptcy client that would allow it to keep cash Lehman

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<v Speaker 1>had deposited on the trades. City says the bank acted appropriately.

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<v Speaker 1>The UK as we're in Facebook, Google and Twitter to

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<v Speaker 1>improve its monitoring of hate speech, a panel of lawmakers

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<v Speaker 1>has urged Home Secretary Amber Rudd to consider making the

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<v Speaker 1>hosting of hate content a crime. The panel's report says

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<v Speaker 1>the companies are shamefully far from doing enough to deal

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<v Speaker 1>with illegal and dangerous material. Facebook says it agrees that

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<v Speaker 1>there is more it could be doing to stop hate speech.

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<v Speaker 1>Kawaiti Shaik, who has been a power player in soccer

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<v Speaker 1>and the Olympic movement, is quitting his soccer positions after

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<v Speaker 1>allegations of bribery. Shake Amad Alpha had al Saba had

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<v Speaker 1>been on the governing council of FIFA, the global soccer organization.

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<v Speaker 1>He has denied allegations made in a US court that

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<v Speaker 1>he bribed Asian officials and as this morning is Bloomberg Lawbrrie.

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