1 00:00:00,040 --> 00:00:03,000 Speaker 1: President Trump's wall may not be getting any higher, but 2 00:00:03,080 --> 00:00:06,560 Speaker 1: the number of lawsuits filed against him by California is 3 00:00:07,120 --> 00:00:10,800 Speaker 1: California issuing the Trump administration to stop construction of the 4 00:00:10,840 --> 00:00:14,800 Speaker 1: wall along the state's border with Mexico. California State Attorney 5 00:00:14,800 --> 00:00:18,160 Speaker 1: General Javier Bessara said that construction of the border wall 6 00:00:18,320 --> 00:00:22,200 Speaker 1: violates the separation of powers doctrine of the Constitution and 7 00:00:22,320 --> 00:00:25,840 Speaker 1: thirty seven laws, including the Clean Water Act, the National 8 00:00:25,920 --> 00:00:30,000 Speaker 1: Environmental Policy Act, and the Coastal Zone Management Act. The 9 00:00:30,120 --> 00:00:34,559 Speaker 1: border between the US and Mexico spans some two thousand miles. 10 00:00:35,280 --> 00:00:39,400 Speaker 1: The list of laws violated by the President's administration in 11 00:00:39,479 --> 00:00:43,599 Speaker 1: order to build his campaign wall is almost as law. 12 00:00:45,240 --> 00:00:47,840 Speaker 1: This is the latest of more than two dozen lawsuits 13 00:00:47,880 --> 00:00:50,800 Speaker 1: and legal briefs filed against the Trump administration by bas 14 00:00:50,840 --> 00:00:55,360 Speaker 1: Sarah As California political resistance to the Trump agenda escalates, 15 00:00:55,720 --> 00:00:59,200 Speaker 1: joining us to discuss the law SCOOTS lawsuit is Cardike 16 00:00:59,360 --> 00:01:04,200 Speaker 1: Marotra Bloomberg News Legal reporter card k Homeland Security has 17 00:01:04,280 --> 00:01:07,520 Speaker 1: broad powers over the border. So what are the strongest 18 00:01:07,720 --> 00:01:12,480 Speaker 1: arguments in this lawsuit? So there are three fundamental arguments 19 00:01:12,520 --> 00:01:16,559 Speaker 1: being brought by the California Attorney general. One is based 20 00:01:16,560 --> 00:01:20,800 Speaker 1: on states rights on that to this proposal is a 21 00:01:20,880 --> 00:01:24,800 Speaker 1: violation of sentiment rights for the state to do what 22 00:01:24,840 --> 00:01:28,600 Speaker 1: it wishes to uh in in the state. That's one. 23 00:01:28,880 --> 00:01:32,760 Speaker 1: The second is that the law that allows the Department 24 00:01:32,760 --> 00:01:38,039 Speaker 1: of Homeland Security to circumvent local and federal laws to 25 00:01:38,600 --> 00:01:44,720 Speaker 1: erect a wall and has some caveats, and it among 26 00:01:44,760 --> 00:01:48,600 Speaker 1: them is that after the Illegal Immigration Reform and Immigrant 27 00:01:48,640 --> 00:01:52,000 Speaker 1: Responsibility Act was passed in ninety six, there was a 28 00:01:52,000 --> 00:01:54,960 Speaker 1: brief window in which the federal government was supposed to 29 00:01:55,040 --> 00:01:59,880 Speaker 1: determine which regions would be subject to additional physical barriers. 30 00:02:00,360 --> 00:02:04,560 Speaker 1: This area apparently was not one of those regions uh 31 00:02:04,600 --> 00:02:07,680 Speaker 1: and and the deadline for doing so for naming that 32 00:02:07,760 --> 00:02:10,040 Speaker 1: area was the end of two thousand eight. So the 33 00:02:10,080 --> 00:02:13,720 Speaker 1: BASERA Attorney General's office claims that you know your your 34 00:02:13,720 --> 00:02:16,320 Speaker 1: wind of opportunity has gone, and that's sort of the 35 00:02:16,360 --> 00:02:19,760 Speaker 1: primary argument. The third is that there's been no nipa 36 00:02:19,960 --> 00:02:25,040 Speaker 1: um review environmental review of this project. The environmental impact 37 00:02:25,080 --> 00:02:28,440 Speaker 1: hasn't been determined, so that needs to occur before any 38 00:02:28,520 --> 00:02:32,160 Speaker 1: construction can move forward. These are the three basic claims. Cardike. 39 00:02:32,360 --> 00:02:36,640 Speaker 1: The president generally has very broad power over the border. 40 00:02:37,120 --> 00:02:40,840 Speaker 1: How does that general principle fit in with those specific 41 00:02:41,560 --> 00:02:46,800 Speaker 1: allegations that you just laid out. The State of California 42 00:02:46,919 --> 00:02:50,880 Speaker 1: is going to argue that while the president has broad powers, 43 00:02:50,919 --> 00:02:53,720 Speaker 1: while the Department of Homeland Security has broad powers, they 44 00:02:53,720 --> 00:02:58,119 Speaker 1: can't violate the constitution right. They can't circumvent the tenth Amendment. 45 00:02:59,040 --> 00:03:02,919 Speaker 1: So you can't heat upon the state's rights to enforce 46 00:03:03,360 --> 00:03:06,200 Speaker 1: your own um And so they're going to hope that 47 00:03:06,240 --> 00:03:08,359 Speaker 1: they can find a favorable judge to to buy into 48 00:03:08,400 --> 00:03:13,679 Speaker 1: that argument. Illegal challenges to border barriers have not been 49 00:03:13,760 --> 00:03:18,799 Speaker 1: successful over the years, have they No, You've seen, uh 50 00:03:19,240 --> 00:03:21,880 Speaker 1: these challenges pop up a number of times in the past, 51 00:03:21,919 --> 00:03:25,440 Speaker 1: and yet you have over seven hundred miles of border 52 00:03:25,480 --> 00:03:30,800 Speaker 1: wall uh at the US Mexico borders. So I don't 53 00:03:30,880 --> 00:03:34,120 Speaker 1: think at the law is on California. An attorney general, 54 00:03:34,120 --> 00:03:38,360 Speaker 1: how you have saricide Carter K. You mentioned the hope 55 00:03:38,360 --> 00:03:41,440 Speaker 1: by California for a favorable judge. Is there a prospect 56 00:03:41,480 --> 00:03:44,640 Speaker 1: this case could end up before Judge Curiel, who, of 57 00:03:44,640 --> 00:03:48,920 Speaker 1: course was the focus of Donald Trump's um uh ire 58 00:03:49,560 --> 00:03:53,040 Speaker 1: during the campaign because of the student in halving Trump University. 59 00:03:53,200 --> 00:03:54,920 Speaker 1: That's not out of the question. He's in the southern 60 00:03:54,920 --> 00:03:57,760 Speaker 1: district of California. I don't believe it's been assigned to 61 00:03:57,840 --> 00:04:02,119 Speaker 1: judge yet, um so us. Yeah, it's it's absolutely possible. 62 00:04:02,320 --> 00:04:05,800 Speaker 1: Uh but uh and that will certainly create a dynamic 63 00:04:05,840 --> 00:04:09,040 Speaker 1: worth watching where you'll see the President again have the 64 00:04:09,080 --> 00:04:12,000 Speaker 1: opportunity to attack the judiciary if fIF things don't go 65 00:04:12,080 --> 00:04:14,720 Speaker 1: his way. Certainly he we all know how passionate he 66 00:04:14,800 --> 00:04:17,159 Speaker 1: is about the border wall, So if another judge gets 67 00:04:17,160 --> 00:04:19,440 Speaker 1: in his way, you know, all bets are off. On Twitter, 68 00:04:20,480 --> 00:04:25,400 Speaker 1: card Cake, can you describe the number of lawsuits that 69 00:04:25,520 --> 00:04:33,200 Speaker 1: Bassara has been filing and California's basic attempt to confront 70 00:04:33,360 --> 00:04:38,440 Speaker 1: the Trump administration and its agenda. The California Resistance, as 71 00:04:38,480 --> 00:04:40,479 Speaker 1: as they dubbed it, sort of got off to a 72 00:04:40,520 --> 00:04:45,159 Speaker 1: slow start. Aside from the travel Band, which California didn't 73 00:04:45,200 --> 00:04:49,320 Speaker 1: actually take a leading role in, it had been rather quiet. 74 00:04:49,720 --> 00:04:54,840 Speaker 1: It wasn't until the DOCCA issue re emerged a couple 75 00:04:54,880 --> 00:04:59,240 Speaker 1: of weeks ago, when Attorney General Sessions announced its phasing 76 00:04:59,240 --> 00:05:02,080 Speaker 1: out over the next six months, that California and howvir 77 00:05:02,080 --> 00:05:06,480 Speaker 1: Besa really got into gear. He's campaigning for two thousand 78 00:05:06,480 --> 00:05:08,800 Speaker 1: and eighteen election. He was appointed by Governor Jerry Brown 79 00:05:09,040 --> 00:05:11,880 Speaker 1: in December, so he's campaigning now and now it seems 80 00:05:11,920 --> 00:05:15,839 Speaker 1: to the issues that are are central to California politics 81 00:05:15,839 --> 00:05:20,520 Speaker 1: are becoming national issues. Um that's mostly immigration and border securities. 82 00:05:20,520 --> 00:05:25,120 Speaker 1: So data and the wall are are right in his wheelhouse. 83 00:05:25,160 --> 00:05:30,000 Speaker 1: So we're seeing the Bassarra office becoming more proactive and 84 00:05:30,040 --> 00:05:33,800 Speaker 1: California as a whole, legislatively is becoming more proactive. You 85 00:05:33,880 --> 00:05:37,680 Speaker 1: have a couple of bills in Sacramento, one that would 86 00:05:37,720 --> 00:05:40,920 Speaker 1: make California sanctuary state, and the other that would require 87 00:05:40,920 --> 00:05:44,479 Speaker 1: any presidential candidates who wish to get on California ballot 88 00:05:44,600 --> 00:05:49,360 Speaker 1: to declare their tax records for last five years. Uh, 89 00:05:49,480 --> 00:05:52,440 Speaker 1: we'll have to stop their car card. But we're gonna 90 00:05:52,480 --> 00:05:55,400 Speaker 1: have plenty to talk about about California, especially if it 91 00:05:55,480 --> 00:05:59,320 Speaker 1: decides to secede from the Union, as the case maybe