WEBVTT - 18 Strikes & You're Out!

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<v Speaker 1>Broadcasting live from the Abraham Lincoln Radio Studio, the George

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<v Speaker 1>Washington Broadcast Center, Jack Armstrong and Joe, Katty Armstrong and

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<v Speaker 1>Jetty and he Armstrong and Yetty.

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<v Speaker 2>Speaking of the Pope, the trading card company Tops said

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<v Speaker 2>that Pope Leo's new card just became their best selling.

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<v Speaker 1>Nonsports trading card of all time.

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<v Speaker 2>My guess is, if you collect pope trading cards, you're

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<v Speaker 2>probably more celibate than the Pope.

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<v Speaker 1>I'm just saying, boy ouch, I see his point. I'm kidding.

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<v Speaker 3>Talking to Tim Sander for this hour of the Goldwater

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<v Speaker 3>Institute about the recent Supreme Court oral arguments about ostensibly

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<v Speaker 3>the birthright citizenship question the Fourteenth Amendment, But what most

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<v Speaker 3>of the hearing was about was can a single federal

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<v Speaker 3>judge issue anation wide injunction and stop an administration from

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<v Speaker 3>executing its policy for a significant amount of time? What

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<v Speaker 3>are the reasons why that's a good idea and what

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<v Speaker 3>are the reasons why it's a bad idea?

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<v Speaker 1>And we'll discuss that. Yeah, looking forward to it.

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<v Speaker 3>Will be a little cerebral, so you know, get yourself

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<v Speaker 3>in the right.

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<v Speaker 1>Mood, bring your brain well.

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<v Speaker 4>It sure is tiring to every time the a president

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<v Speaker 4>does something, then you get alerts on your phone. A

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<v Speaker 4>judge in Minneapolis has said no, Joe Biden can't do that,

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<v Speaker 4>and then another judge.

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<v Speaker 1>Somewhere else says, yes he can.

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<v Speaker 3>It's back on, and you know the back and forth, right, Yeah, exactly.

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<v Speaker 3>It's an interesting challenge because that sort of thing has

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<v Speaker 3>been skyrocketing in recent years. They it was practically unknown

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<v Speaker 3>for the first one hundred and fifty years of our country,

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<v Speaker 3>and then there it happened once or twice here and

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<v Speaker 3>there every decade and a half. And now it's like

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<v Speaker 3>every three weeks. So anyway, more on that to come.

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<v Speaker 3>Headline today. Of more immediate concern, I think to most

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<v Speaker 3>folks is from the Wall Street Journal tech department. Meta

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<v Speaker 3>battles an epidemic of scams as criminals flood Instagram and Facebook.

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<v Speaker 3>And this is by the standards of like six months ago.

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<v Speaker 3>It's a flood. Compared to that, fake puppies and phony

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<v Speaker 3>offers of mouthwatering bargains are often seated by overseas crime networks.

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<v Speaker 3>Employees see say the company is reluctant to impede its

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<v Speaker 3>advertising juggernauts.

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<v Speaker 4>So I did start to get into Facebook Marketplace because

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<v Speaker 4>somebody told me I mentioned I was using Craigslist for something.

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<v Speaker 4>They said, Craigslist. Nobody uses Craigslist anymore. Everything's on Facebook Marketplace.

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<v Speaker 4>I thought, okay, I'm probably behind the times. But particularly

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<v Speaker 4>I was looking for coincidentally, an Apple Vision pro headset,

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<v Speaker 4>and there were so many, so cheap, and it was like,

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<v Speaker 4>you know, deal's too good to be true. And then

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<v Speaker 4>I started doing a little researching and there's lots of

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<v Speaker 4>fake Apple products out there.

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<v Speaker 1>And then so.

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<v Speaker 4>Then I just don't know how much of the marketplace

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<v Speaker 4>thing is phony, and I just kind of bailed on

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<v Speaker 4>the whole deal.

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<v Speaker 1>But wow, yeah, yeah.

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<v Speaker 3>They open with a guy who runs a like a

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<v Speaker 3>wholesale home improvement supplies garden equipment in bulk out of

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<v Speaker 3>a suburban Atlanta warehouse, and bunches of people have been

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<v Speaker 3>ripped off thinking they're buying from him, and when the

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<v Speaker 3>products never arrived, they all call him to complain.

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<v Speaker 1>He has to tell them the bad news they've been swindled.

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<v Speaker 1>Oh that sucks.

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<v Speaker 3>Yeah, what sucks, he says, is we have to break

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<v Speaker 3>it to be layd been scammed.

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<v Speaker 1>We don't even do online sales.

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<v Speaker 3>We keep reporting these pages to Meta, but nothing ever

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<v Speaker 3>happens meta platforms.

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<v Speaker 1>The or companies, yes.

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<v Speaker 4>Or metas trying and they can't go as fast as

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<v Speaker 4>the people keep putting them back up.

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<v Speaker 1>He can probably have.

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<v Speaker 4>An AI bot that puts them up faster than they

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<v Speaker 4>could be taken down.

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<v Speaker 3>That's possible, although that's not what the article suggests.

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<v Speaker 1>Okay.

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<v Speaker 3>Meta platforms is increasingly a cornerstone of the Internet fraud economy.

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<v Speaker 3>According to regulators, banks, and internal documents reviewed by the journal,

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<v Speaker 3>The company accounted for nearly half of all reported scams

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<v Speaker 3>on Zel. It's a payment service you might use. The

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<v Speaker 3>peer to peer payment platform is owned by several banking giants,

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<v Speaker 3>including JP Morgan and Wells Fargo. Other banks that offer

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<v Speaker 3>Zel have experienced similarly high fraud claims originating on Meta.

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<v Speaker 3>British and Australian regulators have found similar levels of fraud

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<v Speaker 3>originating on metas platforms. Internal analysis from twenty twenty two

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<v Speaker 3>described in company documents Likewise, found that seventy percent of

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<v Speaker 3>newly active advertisers on the platform are promoting scams, illicit goods,

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<v Speaker 3>or low quality products.

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<v Speaker 4>Yeah, it's interesting because Craigslist was huge for a long time,

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<v Speaker 4>destroyed newspapers across the country. We all went to Craigslist,

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<v Speaker 4>and I'm sure there were plenty of scams on Craigslist,

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<v Speaker 4>but I didn't. I wasn't never I used Crazelist a lot,

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<v Speaker 4>never came up against a scam. But on the Facebook

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<v Speaker 4>marketplace it seems to be all over the place. I

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<v Speaker 4>wonder what the difference is. Just the Internet era that

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<v Speaker 4>we're in now.

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<v Speaker 3>Is different, yes, and I think the criminal enterprises have

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<v Speaker 3>caught up to the opportunities. But again, going back two

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<v Speaker 3>and a half years, seven out of ten of newly

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<v Speaker 3>active advertisers or scammers of some sort or another account

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<v Speaker 3>information for the scam pages from the guy in Atlanta

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<v Speaker 3>we talked about show they are run out of China,

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<v Speaker 3>Sri Lanka, Vietnam, and the Philippines. But they use stolen

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<v Speaker 3>pictures of the warehouse and list its address with more

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<v Speaker 3>than three billion daily users on Meta's platforms.

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<v Speaker 1>Holy cow.

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<v Speaker 4>So those are advertisers, which is different than like, I

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<v Speaker 4>just keep focusing on Facebook.

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<v Speaker 1>Marketplace, right advertisers?

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<v Speaker 4>Well, like, go on your Facebook marketplace, tap in Apple

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<v Speaker 4>Watch near you and try to figure out which of

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<v Speaker 4>those ads are real and which are a whole bunch

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<v Speaker 4>of them have to be fake.

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<v Speaker 1>Like a lot of them.

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<v Speaker 3>Okay, well, seventy percent perhaps, But anyway, with more than

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<v Speaker 3>three billion daily users on Metas platforms, fraud is hardly

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<v Speaker 3>a new phenomenon for the company. But fed by the

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<v Speaker 3>rise of cryptocurrencies, generative AI, and vast overseas crime networks

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<v Speaker 3>based out of Southeast Asia, the immensity of metas scam

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<v Speaker 3>problem is growing and has been regularly flagged by employees

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<v Speaker 3>over the last several years. But here's where you get

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<v Speaker 3>into the are they really trying hard? As Jack, who's

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<v Speaker 3>plainly under the pay of Mark Zuckerberg, tried to claim.

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<v Speaker 4>I wish I could current, Ay, Mark, I could be yeah, Mark,

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<v Speaker 4>reach out to I'm.

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<v Speaker 3>Sign to our DMS or whatever you do on Facebook,

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<v Speaker 3>I'm not on it. But anyway, current and former employees

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<v Speaker 3>say Meta is reluctant to add impediments for ad buying clients,

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<v Speaker 3>who drove a twenty two percent increase in advertising last

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<v Speaker 3>year to over one hundred and sixty billion dollars, even

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<v Speaker 3>after users demonstrate a history of scamming. If the checks

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<v Speaker 3>keep coming Meta Box and removing.

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<v Speaker 4>Them, that's unbelievable. Well, our whole lives of You know,

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<v Speaker 4>if you're anywhere near our age, you grew up with.

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<v Speaker 1>Radio and TV.

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<v Speaker 4>Every single ad you heard, minus like three were legit

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<v Speaker 4>and your whole life.

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<v Speaker 1>I mean, just you didn't have endless scam advertisers.

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<v Speaker 3>On radio and TV all day long, right, right, there

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<v Speaker 3>was some sort of gatekeeper involved. There's the occasional buyer

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<v Speaker 3>be where a question of quality or value or whatever,

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<v Speaker 3>but not just a right you give them your money

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<v Speaker 3>and never get anything back.

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<v Speaker 1>Yeah. Right. So here's here's the really damning part of this.

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<v Speaker 3>Current and former employees say Meta is reluctant to add impediments,

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<v Speaker 3>et cetera, et cetera. Uh one late last year document

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<v Speaker 3>reviewed by The Wall Street Journal shows that the company

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<v Speaker 3>will allow advertisers to accrue between eight and thirty two

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<v Speaker 3>automated strikes for financial fraud before it bans their accounts.

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<v Speaker 3>I mean eight and thirty two.

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<v Speaker 4>In instances where a Meta employee personally escalates the problem,

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<v Speaker 4>the limit can drop to between four and sixteen. The

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<v Speaker 4>correct number is one, yeah, or zero, depending on how

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<v Speaker 4>you look at it.

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<v Speaker 1>You know, one striking, you're out. That's crazy.

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<v Speaker 3>And marketplace is a big part of the problem because

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<v Speaker 3>that is advertising, but a meta spokesmans is the company's

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<v Speaker 3>working to address the epidemic of scams that has grown

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<v Speaker 3>in scale and complexity in recent years, driven by cross

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<v Speaker 3>border criminal networks.

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<v Speaker 1>And I hate to come off as a racist or

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<v Speaker 1>something here, but.

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<v Speaker 4>I would look at again, looking at applevision pro headsets.

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<v Speaker 4>They cost like three thousand dollars new, and I was

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<v Speaker 4>seeing them on there sometimes as low as like eight

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<v Speaker 4>hundred dollars, nine hundred dollars, and it.

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<v Speaker 1>Would be attached to some Middle Eastern name.

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<v Speaker 4>Now that doesn't automatically make it a scam, I know that,

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<v Speaker 4>but it seemed like all the really low priced ones

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<v Speaker 4>without a box where some foreign name yeah, and so

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<v Speaker 4>I don't know, and then the other end of this

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<v Speaker 4>and then we can move on.

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<v Speaker 3>And we talked about this, I think a couple of

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<v Speaker 3>weeks ago. The report estimated organized scamming operations, often called

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<v Speaker 3>pig butchering groups, comprised hundreds of thousands of people. Many

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<v Speaker 3>of the scammers trafficked after falling for fraudulent social media

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<v Speaker 3>employment adds themselves kept in prison like compounds. The workers

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<v Speaker 3>are forced to work under threat of extreme forms of

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<v Speaker 3>torture and abuse.

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<v Speaker 1>In the United States. No, in Southeast Asia.

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<v Speaker 4>In Southeast Asia, yeah, I couldn't tell that are just

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<v Speaker 4>originated there and they're getting to people there.

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<v Speaker 1>Okay, so getting Yeah.

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<v Speaker 3>They have warehouses full of people who will be whipped, beaten,

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<v Speaker 3>and tortured if they don't try to scam you, you know,

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<v Speaker 3>eighteen hours a day.

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<v Speaker 1>Wow.

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<v Speaker 3>And then this law enforcement gal who's looking into this

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<v Speaker 3>says the growth of this nightmarish industry stems directly from

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<v Speaker 3>the inaction of Meta, and to lesser extent, it's social

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<v Speaker 3>media peers.

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<v Speaker 4>Well, all I need to hear is you have an

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<v Speaker 4>eighteen strikes in your out policy.

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<v Speaker 1>I mean, what the hell is that? Yeah?

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<v Speaker 3>Yeah, wow, beyond buyer beware, I'm not sure I'd even

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<v Speaker 3>want to wade into that.

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<v Speaker 1>Like I said, I bailed.

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<v Speaker 4>I was really interested in buying an Apple product and

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<v Speaker 4>finally just decided it's too big a mess for me

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<v Speaker 4>to deal with.

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<v Speaker 1>I'd forget. Hey, here's one more example.

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<v Speaker 3>I can't resist because peer to peer sales are trade

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<v Speaker 3>of live animals are banned on Meta outside of narrow contexts.

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<v Speaker 4>Peer to peer, So if another talk show host wanted

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<v Speaker 4>to buy a goat.

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<v Speaker 3>From me, no, just like another user, okay, another facebooker.

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<v Speaker 3>But a recent search for puppies yielded thousands of ads,

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<v Speaker 3>most stating no affiliation with a known dog reader or

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<v Speaker 3>rescue organization. As Meta's rules require, other red flags abounded.

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<v Speaker 3>Many of the results displayed common hallmarks of scams, including

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<v Speaker 3>stolen photos of specific pets and ads from sellers supposedly

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<v Speaker 3>near me who are actually operating out of Cameroon checking locations.

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<v Speaker 1>I am not in Cameroon. I'm going to see I'm

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<v Speaker 1>going to see the Cameroon puppies tonight.

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<v Speaker 3>They're good, but so loud. Bring earplugs. So you know

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<v Speaker 3>Facebook has these, and Instagram the Meta. You know outlets

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<v Speaker 3>have these alleged rules, but they have zero interest or

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<v Speaker 3>practically no interest in enforcing them.

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<v Speaker 4>Zuckerberg, come on, you're smart, dude. That's some short term thinking.

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<v Speaker 4>If enough people like me bail from the marketplace because

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<v Speaker 4>they think there's too many fraudsters, then you get nothing.

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<v Speaker 1>It's like the Laffer tax curve. I mean, if everybody.

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<v Speaker 4>Decides it's full of frauds, you're you're not gonna make

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<v Speaker 4>more money, You're gonna make zero money.

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<v Speaker 1>Oh I'm chump. I'm channeling Mark Zuckerberg. I am gifted

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<v Speaker 1>in the psychic arts. He's speaking to me, speaking through me, Jack,

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<v Speaker 1>I'm all already a billionaire.

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<v Speaker 3>Shut up, Mark Zuckerberg waiting in there.

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<v Speaker 4>Or more likely he's just trying to keep these quarterly

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<v Speaker 4>numbers up. I'll worry about the next quarter.

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<v Speaker 1>Next quarter.

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<v Speaker 3>Scammers checks, they cash baby, that's what he's thinking.

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<v Speaker 1>Wow.

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<v Speaker 4>I wonder what we'll go to if Mark if back

0:12:19.160 --> 0:12:21.960
<v Speaker 4>to Criggs list, you're back to classified in your local newspaper.

0:12:22.600 --> 0:12:26.240
<v Speaker 3>Radio Saturday mornings, I got a sat of snow tires.

0:12:26.280 --> 0:12:29.720
<v Speaker 3>I'm willing to trade for a life boat or something similar.

0:12:30.160 --> 0:12:32.800
<v Speaker 3>On numbers five, five, twelve.

0:12:32.600 --> 0:12:36.400
<v Speaker 4>Twelve, Tim sander for this hour to talk about the

0:12:36.440 --> 0:12:40.960
<v Speaker 4>Supreme Court arguments from yesterday, among other things.

0:12:42.480 --> 0:12:45.680
<v Speaker 5>Passenger recently shared a video of roaches in the cabin

0:12:45.800 --> 0:12:47.200
<v Speaker 5>of a Spirit Airlines flight.

0:12:47.280 --> 0:12:53.760
<v Speaker 1>Wow, they really can survive anything. That's a twist. That's

0:12:53.760 --> 0:12:54.679
<v Speaker 1>a good punchline.

0:12:54.720 --> 0:12:57.959
<v Speaker 4>I like that Supreme Court arguments yesterday about whether or

0:12:58.000 --> 0:13:02.160
<v Speaker 4>not all these federal judge across the country can say

0:13:02.200 --> 0:13:06.280
<v Speaker 4>no to presidents and their executive orders. And we'll discuss

0:13:06.280 --> 0:13:08.640
<v Speaker 4>that with Tim Sanderford coming up. It's pretty interesting topic.

0:13:09.200 --> 0:13:12.840
<v Speaker 4>This is also an interesting topic, trying to find unbiased

0:13:12.920 --> 0:13:16.720
<v Speaker 4>or the least biased news out there. This was sent

0:13:16.760 --> 0:13:23.760
<v Speaker 4>to me from Ping Pong Olympics broadcaster Jim Kozmoor of

0:13:23.800 --> 0:13:26.640
<v Speaker 4>among other things that he's done in his life, he's

0:13:26.640 --> 0:13:28.200
<v Speaker 4>a big fan of News Nation and he's been trying

0:13:28.240 --> 0:13:29.840
<v Speaker 4>to get me to watch News Nation for he was

0:13:29.840 --> 0:13:31.880
<v Speaker 4>the first person ever turned me on to Fox News,

0:13:31.920 --> 0:13:35.040
<v Speaker 4>like twenty five years ago. He said, fair and balanced,

0:13:35.080 --> 0:13:37.360
<v Speaker 4>you gotta watch it. So I started watching Fox after

0:13:37.440 --> 0:13:40.000
<v Speaker 4>years of CNN and whatever. And then he's been hammering

0:13:40.080 --> 0:13:42.880
<v Speaker 4>News Nation for a while and he sent me this.

0:13:42.880 --> 0:13:45.800
<v Speaker 4>This is this media bias chart from a company that

0:13:45.840 --> 0:13:48.600
<v Speaker 4>does this for a living. And as I've been saying,

0:13:48.640 --> 0:13:51.160
<v Speaker 4>I started watching NewsNation a couple of weeks ago, and

0:13:51.200 --> 0:13:56.640
<v Speaker 4>it's it's so it's so weirdly non confrontational.

0:13:57.360 --> 0:14:00.280
<v Speaker 1>It almost feels drop.

0:14:00.120 --> 0:14:03.680
<v Speaker 4>I am like boring, and I have to keep reminding

0:14:03.760 --> 0:14:10.120
<v Speaker 4>myself that confrontation isn't what you're looking for out of

0:14:10.120 --> 0:14:10.960
<v Speaker 4>every news story.

0:14:11.000 --> 0:14:12.240
<v Speaker 1>You're just trying to get the facts.

0:14:12.559 --> 0:14:14.920
<v Speaker 4>And it's just it's we're all so used to everything

0:14:14.960 --> 0:14:17.600
<v Speaker 4>being presented in a shouty way from one side anyway,

0:14:17.800 --> 0:14:19.480
<v Speaker 4>this company that looks at media bias.

0:14:19.720 --> 0:14:24.400
<v Speaker 1>They're top four slots were all News Nation programs throughout

0:14:24.400 --> 0:14:25.520
<v Speaker 1>the day that had the least.

0:14:25.320 --> 0:14:29.120
<v Speaker 4>Media bias, with number five being Brettbear Special Report on Fox,

0:14:29.600 --> 0:14:31.960
<v Speaker 4>which is another news show we all like around here.

0:14:33.840 --> 0:14:35.480
<v Speaker 4>So I just say, give it a look. It is

0:14:35.560 --> 0:14:40.200
<v Speaker 4>it is. It is weird if you're used to like

0:14:40.280 --> 0:14:43.600
<v Speaker 4>a strong point of view and anger. We've all gotten

0:14:43.600 --> 0:14:47.880
<v Speaker 4>so accustomed to it. It just I don't know. I

0:14:47.920 --> 0:14:50.040
<v Speaker 4>guess it's like people who are addicted to drama. If you

0:14:50.080 --> 0:14:52.680
<v Speaker 4>grew up in a family that had lots of drama

0:14:53.120 --> 0:14:54.720
<v Speaker 4>and then you go and hang out with some family

0:14:54.760 --> 0:14:58.240
<v Speaker 4>that has zero drama, maybe it seems like uncomfortably boring

0:14:58.320 --> 0:15:01.240
<v Speaker 4>to you to where the family if no drama likes

0:15:01.240 --> 0:15:01.880
<v Speaker 4>it that way.

0:15:02.480 --> 0:15:04.400
<v Speaker 1>Right, Sure, Yeah, yeah.

0:15:04.440 --> 0:15:06.960
<v Speaker 3>I once heard a couple of describing the fact that

0:15:07.080 --> 0:15:10.440
<v Speaker 3>he came from a family that was very I can't

0:15:10.480 --> 0:15:12.760
<v Speaker 3>remember which was switching, that doesn't matter. That was very

0:15:12.800 --> 0:15:16.360
<v Speaker 3>English and hers was very Italian, and if you know

0:15:16.440 --> 0:15:19.520
<v Speaker 3>anything about those cultures, that would be a tough thing

0:15:19.560 --> 0:15:20.200
<v Speaker 3>to get used to.

0:15:20.640 --> 0:15:21.560
<v Speaker 1>Yeah, eat a direction.

0:15:22.440 --> 0:15:25.400
<v Speaker 4>I'm going to both the DMV and The Doctor today

0:15:25.400 --> 0:15:28.640
<v Speaker 4>back to back, quick doctor's appointment and then to the DMV,

0:15:28.800 --> 0:15:37.640
<v Speaker 4>which will be more bureaucratic, unfulfilling. I'm sorry, you don't

0:15:37.640 --> 0:15:40.840
<v Speaker 4>have the right form. It's going to be quite the contest, well,

0:15:40.840 --> 0:15:44.400
<v Speaker 4>and which will just be generally be more preferable being

0:15:44.440 --> 0:15:48.000
<v Speaker 4>probed and jabbed with short sharp objects or being subjected

0:15:48.000 --> 0:15:49.280
<v Speaker 4>to the special mental.

0:15:49.000 --> 0:15:50.040
<v Speaker 1>Torture of the DMV.

0:15:50.680 --> 0:15:56.640
<v Speaker 4>Right, this isn't the right form. I don't even know

0:15:56.640 --> 0:15:58.920
<v Speaker 4>what to do at this point. And that could happen with.

0:15:58.920 --> 0:16:03.000
<v Speaker 1>The insurance all right, or at the DMV either one. Well,

0:16:03.000 --> 0:16:03.440
<v Speaker 1>that's true.

0:16:03.440 --> 0:16:07.640
<v Speaker 3>Doctor's offices have really up their game, mostly unintentionally because

0:16:07.680 --> 0:16:11.920
<v Speaker 3>now they have such compliance hurdles from the many thousands

0:16:11.960 --> 0:16:14.920
<v Speaker 3>of laws and regulations. They're becoming more and more DMV

0:16:15.240 --> 0:16:16.040
<v Speaker 3>like in some ways.

0:16:16.200 --> 0:16:18.560
<v Speaker 4>I've been a couple of times in the last few years, unfortunately,

0:16:18.600 --> 0:16:21.120
<v Speaker 4>where it's like emergency situation and man, they get that

0:16:21.160 --> 0:16:22.000
<v Speaker 4>paperwork in front of you.

0:16:22.440 --> 0:16:23.160
<v Speaker 1>Who's paying for this?

0:16:23.240 --> 0:16:27.000
<v Speaker 4>Again? Sorry trying to talk over your screams, but who's

0:16:27.000 --> 0:16:27.600
<v Speaker 4>paying for this?

0:16:27.680 --> 0:16:29.240
<v Speaker 1>We need to make sure we know who's paying for

0:16:29.280 --> 0:16:30.960
<v Speaker 1>this before we start in on any of these.

0:16:31.560 --> 0:16:34.040
<v Speaker 3>The DMV has got to come up with an excuse

0:16:34.120 --> 0:16:38.040
<v Speaker 3>or two to penetrate your body in one way or another.

0:16:38.320 --> 0:16:40.080
<v Speaker 1>If they're going to keep up with doctors.

0:16:39.800 --> 0:16:42.360
<v Speaker 4>Offices always have to throw in the caveat if you're

0:16:42.440 --> 0:16:46.600
<v Speaker 4>like a working, honest person who's going to follow the law. Now,

0:16:46.600 --> 0:16:49.119
<v Speaker 4>if I just said no, I'm here illegally from l. Salvador,

0:16:49.320 --> 0:16:51.520
<v Speaker 4>they just go ahead and treat me and write it

0:16:51.560 --> 0:16:54.080
<v Speaker 4>off somehow, and tax pers would pick up the bill.

0:16:54.520 --> 0:16:58.760
<v Speaker 3>It's a good point. Yeah, yeah, we are paying for everyone. Congratulations,

0:16:59.320 --> 0:17:04.680
<v Speaker 3>We thank you, Tim Sanders joining us. Yeah, the fourteenth Amendment,

0:17:04.800 --> 0:17:09.280
<v Speaker 3>birthright citizenship nationwide injunctions by a single federal judge.

0:17:09.320 --> 0:17:11.600
<v Speaker 1>What to make of all this? Coming up next? Stay

0:17:11.600 --> 0:17:15.199
<v Speaker 1>with us, Armstrong and Getty.

0:17:16.920 --> 0:17:19.239
<v Speaker 4>So I've been living this reality for a while now,

0:17:19.280 --> 0:17:22.320
<v Speaker 4>and it's growing as a problem. A president decides to

0:17:22.359 --> 0:17:26.560
<v Speaker 4>do something with an executive order or whatever, often that

0:17:26.600 --> 0:17:31.520
<v Speaker 4>they promised on the campaign trail, their voters get all excited.

0:17:31.160 --> 0:17:33.240
<v Speaker 1>Yay, they did it day one like they.

0:17:33.160 --> 0:17:36.680
<v Speaker 4>Promised, And then then I get an alert on my phone.

0:17:36.720 --> 0:17:39.040
<v Speaker 4>Some judge somewhere I've never heard of it said no,

0:17:39.119 --> 0:17:42.320
<v Speaker 4>you can't do that, and then it stops, and everybody's

0:17:42.320 --> 0:17:45.159
<v Speaker 4>like Groan's like, oh, they can do that, and it

0:17:45.240 --> 0:17:48.919
<v Speaker 4>keeps happening over and over again, and uh, do we

0:17:48.960 --> 0:17:51.080
<v Speaker 4>want that system to continue that way or not? As

0:17:51.160 --> 0:17:53.320
<v Speaker 4>part of what the Supreme Court was arguing about yesterday,

0:17:53.359 --> 0:17:54.840
<v Speaker 4>and as one of the justices said, there are six

0:17:54.960 --> 0:17:57.840
<v Speaker 4>hundred some federal judges and while I do not question

0:17:57.920 --> 0:18:00.520
<v Speaker 4>their motives, sometimes there are they are are wrong.

0:18:01.040 --> 0:18:02.320
<v Speaker 1>So do we want them to be able to hold

0:18:02.400 --> 0:18:03.120
<v Speaker 1>up the whole country?

0:18:03.600 --> 0:18:08.359
<v Speaker 3>Let us discuss the very interesting and multifaceted oral arguments

0:18:08.440 --> 0:18:11.800
<v Speaker 3>yesterday before the Supreme Court with Tim Sandefer, vice president

0:18:11.880 --> 0:18:16.680
<v Speaker 3>for Legal Affairs at the Goldwater Institute, among other auspicious titles,

0:18:17.000 --> 0:18:19.760
<v Speaker 3>author of eight books, including most recently Freedom's Theories, How

0:18:19.800 --> 0:18:23.800
<v Speaker 3>Isabel Patterson, Rosewilder and ein Rand Found Liberty and Age

0:18:23.800 --> 0:18:24.320
<v Speaker 3>of Darkness.

0:18:24.359 --> 0:18:27.200
<v Speaker 1>I've recommended it many times. It's terrific. Tim. How are you, sir?

0:18:28.119 --> 0:18:28.440
<v Speaker 1>Just great?

0:18:28.440 --> 0:18:29.200
<v Speaker 5>Thanks for having me back.

0:18:29.200 --> 0:18:32.760
<v Speaker 1>Guys published poet. Gotta throw that in there. True, Yes,

0:18:33.040 --> 0:18:34.520
<v Speaker 1>a polymath as they say.

0:18:35.160 --> 0:18:39.560
<v Speaker 3>Anyway, Tim, so ostensibly everyone's talking about that we are

0:18:39.600 --> 0:18:42.399
<v Speaker 3>going to discuss birthright citizenship in front of the Supreme Court,

0:18:42.600 --> 0:18:46.239
<v Speaker 3>and that did come up. But would you agree that

0:18:46.280 --> 0:18:51.040
<v Speaker 3>the more significant discussion was about nationwide injunctions by individual

0:18:51.080 --> 0:18:51.840
<v Speaker 3>federal judges.

0:18:52.600 --> 0:18:55.119
<v Speaker 5>Oh, yes, absolutely, that was the focus of the argument,

0:18:55.160 --> 0:18:58.439
<v Speaker 5>and it was a very interesting argument. But I don't

0:18:58.520 --> 0:19:00.800
<v Speaker 5>think that it's a hard question. I think the answer

0:19:00.920 --> 0:19:04.560
<v Speaker 5>is obviously nationwide. The injunctions are perfectly fine. They're the

0:19:04.760 --> 0:19:07.240
<v Speaker 5>ordinary way of doing business in the courts, and people

0:19:07.280 --> 0:19:10.040
<v Speaker 5>who complain about them either don't understand the system or

0:19:10.040 --> 0:19:11.840
<v Speaker 5>are trying to get away with something illegal.

0:19:12.200 --> 0:19:12.760
<v Speaker 1>Yeah I don't.

0:19:12.840 --> 0:19:14.760
<v Speaker 4>I don't always like that it happened, but I can't

0:19:14.760 --> 0:19:18.880
<v Speaker 4>see what the alternative would be. As somebody pointed out,

0:19:19.440 --> 0:19:21.560
<v Speaker 4>so you're gonna let me. I guess it was you

0:19:21.600 --> 0:19:24.239
<v Speaker 4>that pointed it out yesterday in Twitter. The idea that

0:19:24.280 --> 0:19:26.960
<v Speaker 4>so every time a president does something, it's got to

0:19:27.000 --> 0:19:29.359
<v Speaker 4>work its way all the way through the courts up

0:19:29.400 --> 0:19:31.240
<v Speaker 4>to the Supreme Court, and then a decision by the

0:19:31.280 --> 0:19:35.240
<v Speaker 4>Supreme Court. Before the Supreme Court might say sometimes nine nothing,

0:19:35.560 --> 0:19:36.280
<v Speaker 4>you can't do that.

0:19:37.040 --> 0:19:40.159
<v Speaker 5>Oh wait, and during that whole period of time, the

0:19:40.200 --> 0:19:42.120
<v Speaker 5>government is still doing the illegal thing.

0:19:42.040 --> 0:19:45.399
<v Speaker 3>Right right, Wow, So clearly it's two to one for

0:19:45.440 --> 0:19:47.600
<v Speaker 3>a judicial takeover of the government.

0:19:47.640 --> 0:19:49.040
<v Speaker 1>But I will stand up for liberty.

0:19:49.440 --> 0:19:49.720
<v Speaker 4>Uh.

0:19:50.040 --> 0:19:51.240
<v Speaker 1>Is there no middle ground.

0:19:51.280 --> 0:19:53.080
<v Speaker 3>It's got to be three judge panel and not a

0:19:53.119 --> 0:19:55.720
<v Speaker 3>single ya who in a rural Tennessee.

0:19:56.200 --> 0:19:58.679
<v Speaker 5>Yeah, I think. I think having a single unit ya

0:19:58.760 --> 0:20:01.320
<v Speaker 5>who in rural Tennessee is perckly fine, because that's what

0:20:01.400 --> 0:20:04.360
<v Speaker 5>the appellate process is sort of, that's why you appeal cases.

0:20:04.480 --> 0:20:06.800
<v Speaker 5>And by the way, that's why you should avoid appointing

0:20:06.920 --> 0:20:11.560
<v Speaker 5>yahoos to the federal bench. Might mention that too. The argument,

0:20:12.200 --> 0:20:15.800
<v Speaker 5>the argument against nation right injunctions always seems to boil

0:20:15.880 --> 0:20:18.360
<v Speaker 5>down to, well, this is a democracy and the majority

0:20:18.520 --> 0:20:20.679
<v Speaker 5>should always get what it wants. And the answer to

0:20:20.680 --> 0:20:22.720
<v Speaker 5>that is no where what happened to all of my

0:20:22.760 --> 0:20:24.760
<v Speaker 5>friends who used to say, this is a republic, not

0:20:24.840 --> 0:20:27.680
<v Speaker 5>a democracy. The whole point of our system is that

0:20:27.720 --> 0:20:31.600
<v Speaker 5>the majority has to act lawfully, and if it acts unlawfully,

0:20:31.680 --> 0:20:33.600
<v Speaker 5>I can go in front of a judge and get

0:20:33.600 --> 0:20:36.439
<v Speaker 5>that given order from that judge prohibiting the government from

0:20:36.520 --> 0:20:39.320
<v Speaker 5>violating my rights. And the idea that this that we

0:20:39.320 --> 0:20:41.840
<v Speaker 5>should do this piece meal, that only a judge down here,

0:20:41.880 --> 0:20:44.760
<v Speaker 5>that his order only applies there. Meanwhile, the government can

0:20:44.800 --> 0:20:47.760
<v Speaker 5>do illegal things to everybody else in the country until

0:20:47.800 --> 0:20:50.160
<v Speaker 5>the case reaches the US Supreme court makes no sense

0:20:50.200 --> 0:20:50.520
<v Speaker 5>at all.

0:20:51.600 --> 0:20:55.320
<v Speaker 3>The underlying theme here being, folks that what we really

0:20:55.359 --> 0:20:57.080
<v Speaker 3>need to fear is the power of the government in

0:20:57.119 --> 0:20:59.159
<v Speaker 3>this country is kind of the idea of forming it.

0:20:59.400 --> 0:21:04.960
<v Speaker 3>So there's no question that these nationwide injunctions were relatively

0:21:05.200 --> 0:21:08.280
<v Speaker 3>or practically completely unknown for one hundred and fifty years.

0:21:08.280 --> 0:21:10.479
<v Speaker 3>Then there were a handful of them, and the number

0:21:10.520 --> 0:21:12.520
<v Speaker 3>of them is now skyrocks every day.

0:21:12.520 --> 0:21:14.400
<v Speaker 1>It seems like on my phone, I see a judge

0:21:14.440 --> 0:21:14.880
<v Speaker 1>jumped in.

0:21:14.880 --> 0:21:18.080
<v Speaker 5>Someone Actually right, I actually don't think that that's true.

0:21:18.160 --> 0:21:20.720
<v Speaker 5>I think that what happened was we just started calling

0:21:20.760 --> 0:21:23.439
<v Speaker 5>them by a different name. You know, there were been

0:21:23.480 --> 0:21:28.000
<v Speaker 5>injunction injunctions against unconstitutional government actions since before there was

0:21:28.040 --> 0:21:30.080
<v Speaker 5>a constitution. One of the points that was brought up

0:21:30.160 --> 0:21:32.840
<v Speaker 5>during the arguments was that British judges used to do

0:21:32.880 --> 0:21:36.520
<v Speaker 5>this before the American Revolution, and that was considered perfectly legitimate.

0:21:36.760 --> 0:21:39.480
<v Speaker 5>It's just that nowadays we call them nation right injunctions,

0:21:39.600 --> 0:21:43.240
<v Speaker 5>or we have some judges who write sloppily and don't

0:21:43.240 --> 0:21:46.200
<v Speaker 5>explain what they're actually saying or something, And okay, that's

0:21:46.200 --> 0:21:48.720
<v Speaker 5>a problem, I suppose. But the idea that you should

0:21:48.800 --> 0:21:52.080
<v Speaker 5>limit the injunction power of federal courts. Is what that

0:21:52.240 --> 0:21:56.280
<v Speaker 5>is is that's open door to the majority violating individual

0:21:56.359 --> 0:21:58.800
<v Speaker 5>rights on a scale that I mean, they already do it,

0:21:58.840 --> 0:22:00.639
<v Speaker 5>but you can imagine what it would be if we

0:22:00.720 --> 0:22:03.480
<v Speaker 5>took away one of the most important protections for individual

0:22:03.560 --> 0:22:06.080
<v Speaker 5>rights in this country, which is getting an injunction from

0:22:06.080 --> 0:22:09.920
<v Speaker 5>our federal court to protect their freedom. And that's insane.

0:22:10.080 --> 0:22:12.120
<v Speaker 4>So I didn't want to get to this part too

0:22:12.160 --> 0:22:14.119
<v Speaker 4>fast because you're a lawyer, and this part can't be

0:22:14.160 --> 0:22:15.080
<v Speaker 4>fixed with the law.

0:22:15.400 --> 0:22:16.080
<v Speaker 1>It seems to me.

0:22:16.000 --> 0:22:20.560
<v Speaker 4>That we've got a cultural problem in that presidents are

0:22:20.840 --> 0:22:23.760
<v Speaker 4>way more likely than they used to be to want

0:22:23.840 --> 0:22:28.320
<v Speaker 4>to challenge the Supreme Court, either to like legitimately they

0:22:28.320 --> 0:22:31.200
<v Speaker 4>don't think the law is correct, or they don't care

0:22:31.320 --> 0:22:32.080
<v Speaker 4>if they're wrong.

0:22:32.280 --> 0:22:34.399
<v Speaker 1>They just want to get the political credit for trying.

0:22:34.720 --> 0:22:37.800
<v Speaker 4>And perhaps I don't know this, but it seems like

0:22:37.800 --> 0:22:41.439
<v Speaker 4>a likely response. The six hundred some federal judges out there,

0:22:41.480 --> 0:22:42.840
<v Speaker 4>there's a lot more of them who are willing to

0:22:42.920 --> 0:22:45.760
<v Speaker 4>let their politics get ahead of their judge reasoning and

0:22:45.880 --> 0:22:47.280
<v Speaker 4>jump in and stop somebody they hate.

0:22:48.160 --> 0:22:50.679
<v Speaker 5>Yes, you're absolutely right about that, and especially the thing

0:22:50.720 --> 0:22:54.120
<v Speaker 5>about the President and Congress being willing to do things

0:22:54.160 --> 0:22:57.280
<v Speaker 5>that they know are unconstitutional because they know that the

0:22:57.400 --> 0:22:59.600
<v Speaker 5>judges are going to strike it down, and they can

0:22:59.680 --> 0:23:02.720
<v Speaker 5>blame the judges and say all those evil activist judges,

0:23:03.000 --> 0:23:05.199
<v Speaker 5>or they can get away with their unconstitutional things. So

0:23:05.200 --> 0:23:07.920
<v Speaker 5>it's win when if you want to do something unconstitutional.

0:23:07.960 --> 0:23:11.639
<v Speaker 5>And honestly, every president's done this to some degree. Obviously

0:23:11.680 --> 0:23:13.840
<v Speaker 5>Franklin Roosevelt did this a lot. But the one that

0:23:13.880 --> 0:23:17.119
<v Speaker 5>I always six in my memory is George W. Bush

0:23:17.200 --> 0:23:21.880
<v Speaker 5>when he signed the McCain fine Gold campaign finance law

0:23:22.160 --> 0:23:24.479
<v Speaker 5>and said when he signed it that he thought it

0:23:24.520 --> 0:23:27.119
<v Speaker 5>was unconstitutional, but that he would leave it to the

0:23:27.119 --> 0:23:29.360
<v Speaker 5>courts to deal with. Well, I'm sorry, but if you're

0:23:29.359 --> 0:23:32.399
<v Speaker 5>the president, you take an oath to support and defend

0:23:32.440 --> 0:23:35.400
<v Speaker 5>the constitution of the United States. And if you ignore

0:23:35.440 --> 0:23:38.280
<v Speaker 5>that oath and sign something that you know is unconstitutional

0:23:38.320 --> 0:23:40.040
<v Speaker 5>just because you think the courts will clean up your

0:23:40.119 --> 0:23:42.080
<v Speaker 5>mess for you, I think that's disgraceful.

0:23:42.160 --> 0:23:43.960
<v Speaker 4>Yeah, a lot of the pieces I've read that have

0:23:44.000 --> 0:23:46.080
<v Speaker 4>been following the growth of this use that as kind

0:23:46.119 --> 0:23:49.159
<v Speaker 4>of like the patient zero because he said it out loud,

0:23:49.520 --> 0:23:51.040
<v Speaker 4>and then other presidents thought.

0:23:50.880 --> 0:23:51.719
<v Speaker 1>Hey, I can do that.

0:23:51.760 --> 0:23:54.080
<v Speaker 4>I just won't say it out loud, and Obama did it,

0:23:54.119 --> 0:23:56.160
<v Speaker 4>and Biden did it, and Trump did it in whichever order,

0:23:56.200 --> 0:24:00.199
<v Speaker 4>and then Trump again, and and and it's how do

0:24:00.240 --> 0:24:00.800
<v Speaker 4>we fix this?

0:24:02.200 --> 0:24:04.399
<v Speaker 5>Well, there's a long answer and the short answer. The

0:24:04.440 --> 0:24:07.880
<v Speaker 5>short answer is elect good presidents. The long answer is

0:24:08.160 --> 0:24:10.960
<v Speaker 5>that we have to restore respect for the Constitution in

0:24:11.000 --> 0:24:14.400
<v Speaker 5>this country. I think it's the long term damage that's

0:24:14.400 --> 0:24:19.000
<v Speaker 5>been done to Americans understanding and appreciation of the Constitution

0:24:19.680 --> 0:24:24.240
<v Speaker 5>is horrifying. We have prominent law professors. There was a

0:24:24.520 --> 0:24:27.680
<v Speaker 5>law professor at at Georgetown Law School a few years

0:24:27.720 --> 0:24:30.199
<v Speaker 5>ago published an article in The Washington Post saying, the

0:24:30.280 --> 0:24:32.959
<v Speaker 5>Constitution is obsolete. I don't respect it at all. Well,

0:24:33.000 --> 0:24:35.520
<v Speaker 5>you're a teacher of constitutional law for crying out loud.

0:24:35.800 --> 0:24:38.880
<v Speaker 5>And if we don't respect the Constitution, we don't love it.

0:24:38.880 --> 0:24:41.480
<v Speaker 5>It cannot protect us. The Constitution is just a promise,

0:24:41.720 --> 0:24:43.560
<v Speaker 5>and if we don't honor that promise, then it's not

0:24:43.600 --> 0:24:44.760
<v Speaker 5>worth the paper it's written on.

0:24:45.400 --> 0:24:47.880
<v Speaker 3>We should have written a law specifically putting him in jail.

0:24:47.920 --> 0:24:51.719
<v Speaker 3>In my opinion, Tim Sandefer is online from the Goldwater

0:24:51.880 --> 0:24:54.920
<v Speaker 3>Institute Little Constitutional Humor for.

0:24:54.960 --> 0:24:57.800
<v Speaker 1>Exactly punish one man.

0:24:57.960 --> 0:25:02.240
<v Speaker 3>That's a good idea now so you know, blah blah blah,

0:25:02.240 --> 0:25:04.480
<v Speaker 3>disclaimer about it's difficult to read the tea leaves of

0:25:04.480 --> 0:25:07.520
<v Speaker 3>the oral arguments, blah blah blah. Did it strike you

0:25:07.600 --> 0:25:11.080
<v Speaker 3>that the justices, the sane ones that we like, were

0:25:11.440 --> 0:25:16.159
<v Speaker 3>leaning in any particular direction as to the nationwide injunctions judges,

0:25:16.160 --> 0:25:17.600
<v Speaker 3>et cetera that we've been discussing.

0:25:18.520 --> 0:25:21.400
<v Speaker 5>Some of the judges have made clear for a long

0:25:21.440 --> 0:25:24.920
<v Speaker 5>time that they're against these what they call nationwide injunctions.

0:25:25.040 --> 0:25:28.119
<v Speaker 5>Justice Thomas in particular. Some of the others are a

0:25:28.119 --> 0:25:31.159
<v Speaker 5>little harder to read. Justice Barrett, for example, and Justice Roberts,

0:25:31.160 --> 0:25:33.960
<v Speaker 5>who have become really the swing judges on this issue.

0:25:34.080 --> 0:25:35.879
<v Speaker 5>I thought the most interesting judge if you want to

0:25:35.920 --> 0:25:38.240
<v Speaker 5>if anybody wants to go and listen to the argument online,

0:25:38.400 --> 0:25:40.679
<v Speaker 5>I thought Justice Jackson was the one who is the

0:25:40.720 --> 0:25:43.840
<v Speaker 5>most interesting. She clearly understands how this area of the

0:25:43.920 --> 0:25:47.240
<v Speaker 5>law works, and she rightly says there's no there there

0:25:47.600 --> 0:25:50.719
<v Speaker 5>that nationwide injunctions are perfectly legitimate. They always have been

0:25:50.760 --> 0:25:53.679
<v Speaker 5>and there's no problem. So she'd be the one that

0:25:53.760 --> 0:25:55.720
<v Speaker 5>I find most interesting. But how to predict I think

0:25:55.720 --> 0:25:58.400
<v Speaker 5>you're going to get. I think Justice Roberts and Justice

0:25:58.400 --> 0:26:00.199
<v Speaker 5>Barrett are going to a side with the liberals and

0:26:00.280 --> 0:26:03.720
<v Speaker 5>say we don't have a problem per se with nationwide injunction.

0:26:03.880 --> 0:26:06.800
<v Speaker 5>But maybe some of them aren't very good, but as

0:26:07.520 --> 0:26:10.240
<v Speaker 5>a blanket matter, they're okay. And then they're going to

0:26:10.240 --> 0:26:13.200
<v Speaker 5>want to hear the underlying case about birthright citizenship, which

0:26:13.240 --> 0:26:14.560
<v Speaker 5>obviously is a huge deal.

0:26:16.000 --> 0:26:17.040
<v Speaker 1>That sound about right to me.

0:26:17.680 --> 0:26:20.320
<v Speaker 3>Is it even worth getting into what happened on that

0:26:20.400 --> 0:26:22.000
<v Speaker 3>topic yesterday or do you think it's.

0:26:22.160 --> 0:26:24.840
<v Speaker 5>Well, they really just talked about whether or not they

0:26:24.880 --> 0:26:27.359
<v Speaker 5>have a legitimate case in the first place, and they

0:26:27.440 --> 0:26:29.880
<v Speaker 5>haven't really briefed it or argued it yet. But that's

0:26:29.920 --> 0:26:32.160
<v Speaker 5>important because in order to get an injunction, you kind

0:26:32.160 --> 0:26:33.880
<v Speaker 5>of have to first show that you have even an

0:26:34.000 --> 0:26:36.719
<v Speaker 5>arguable point to make, and that was what they were

0:26:36.840 --> 0:26:39.480
<v Speaker 5>arguing about. And I will say, I know this is

0:26:39.520 --> 0:26:41.480
<v Speaker 5>talk radio, and we're all supposed to think that we

0:26:42.000 --> 0:26:44.159
<v Speaker 5>clearly have the right answer and everything. I think the

0:26:44.200 --> 0:26:47.880
<v Speaker 5>birthright citizenship question is a very hard question. I don't

0:26:47.880 --> 0:26:49.879
<v Speaker 5>think it's an easy question on either side.

0:26:50.160 --> 0:26:52.040
<v Speaker 4>Let's talk about that when we come back from the break.

0:26:52.560 --> 0:26:54.000
<v Speaker 4>I want to hear the arguments on both sides.

0:26:54.000 --> 0:26:54.199
<v Speaker 1>Of that.

0:26:54.200 --> 0:26:59.360
<v Speaker 4>That's interesting And clearly you've probably seen the breakdown who

0:26:59.359 --> 0:27:00.000
<v Speaker 4>speaks the most.

0:27:00.359 --> 0:27:02.240
<v Speaker 1>The chicks talk too much? Is that given?

0:27:03.359 --> 0:27:05.840
<v Speaker 5>Well, Jessic so to my r does love cutting off

0:27:05.920 --> 0:27:07.920
<v Speaker 5>lawyers and not letting them answer her questions.

0:27:08.359 --> 0:27:09.520
<v Speaker 1>Yeah, the chicks talk too so much.

0:27:09.560 --> 0:27:11.600
<v Speaker 3>I think that's been in the new Gal talks more

0:27:11.600 --> 0:27:14.439
<v Speaker 3>than anybody. That shouldn't happen in any organization. All right,

0:27:14.480 --> 0:27:16.720
<v Speaker 3>more with Tim Sandefert in just a moment or two.

0:27:16.840 --> 0:27:19.720
<v Speaker 3>But first word from our friends at Prize Picks. The

0:27:19.760 --> 0:27:21.439
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0:27:25.800 --> 0:27:26.880
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0:27:32.880 --> 0:27:35.000
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0:27:35.040 --> 0:27:35.840
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0:27:35.920 --> 0:27:37.640
<v Speaker 4>I wish there was a more or less on which

0:27:37.680 --> 0:27:39.399
<v Speaker 4>celebrities are going to be in the front row. I

0:27:39.480 --> 0:27:40.960
<v Speaker 4>got a good story about that coming up in a

0:27:40.960 --> 0:27:41.360
<v Speaker 4>little bit.

0:27:41.359 --> 0:27:43.679
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0:27:44.200 --> 0:27:46.560
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0:27:49.760 --> 0:27:52.679
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0:27:59.640 --> 0:28:01.040
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0:28:01.080 --> 0:28:02.720
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0:28:02.840 --> 0:28:05.880
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0:28:06.200 --> 0:28:07.320
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0:28:08.040 --> 0:28:10.520
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0:28:13.160 --> 0:28:15.439
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0:28:15.840 --> 0:28:17.840
<v Speaker 4>Tim's gonna stick around, and I got this question for

0:28:17.920 --> 0:28:20.119
<v Speaker 4>him when we come back. He can think on should

0:28:20.160 --> 0:28:24.879
<v Speaker 4>the media attached to every judge what president appointed him?

0:28:24.920 --> 0:28:27.679
<v Speaker 1>Does that help us or hurt us? I love that one.

0:28:27.800 --> 0:28:28.760
<v Speaker 1>On the way stay here.

0:28:30.520 --> 0:28:30.760
<v Speaker 5>Strong.

0:28:32.240 --> 0:28:35.240
<v Speaker 1>On the actual case itself, I've always thought.

0:28:35.040 --> 0:28:38.760
<v Speaker 4>It's obvious that now is designed for slaves, and you

0:28:38.800 --> 0:28:40.520
<v Speaker 4>shouldn't be able to be like a Chinese. A rich

0:28:40.600 --> 0:28:42.840
<v Speaker 4>Chinese family that comes the United States, has your baby

0:28:42.840 --> 0:28:45.160
<v Speaker 4>in San Francisco and then gets all the benefits of

0:28:45.160 --> 0:28:47.680
<v Speaker 4>being a US citizen forever. But a lot of really

0:28:47.680 --> 0:28:49.880
<v Speaker 4>smart people I like think there's a good reason for that.

0:28:49.920 --> 0:28:51.160
<v Speaker 1>So I'm looking forward to hearing that.

0:28:51.640 --> 0:28:54.680
<v Speaker 3>Discussing the oral arguments before the Supreme Court yesterday with

0:28:54.800 --> 0:28:58.680
<v Speaker 3>Tim Sanderfervice, President for Legal Affairs at the Goldwater Institute.

0:28:59.200 --> 0:29:05.000
<v Speaker 3>It was advertised as a birthright citizenship hearing it or discussion.

0:29:05.000 --> 0:29:08.760
<v Speaker 3>It really was much more a discussion of individual federal

0:29:08.840 --> 0:29:11.000
<v Speaker 3>judges and nationwide in junctions and that sort of thing.

0:29:11.000 --> 0:29:16.400
<v Speaker 3>But to the question of the Fourteenth Amendment, Tim, you

0:29:16.440 --> 0:29:19.440
<v Speaker 3>said before the break that it's not an easy call.

0:29:19.720 --> 0:29:22.160
<v Speaker 3>I'm glad to hear you agree. I've thought the same thing.

0:29:22.680 --> 0:29:24.760
<v Speaker 3>What should we know about the fourteenth Amendment even come

0:29:24.800 --> 0:29:26.840
<v Speaker 3>to a semi intelligent opinion on this?

0:29:27.800 --> 0:29:30.480
<v Speaker 5>Well, the first sentence of the fourteenth Amendment says, all

0:29:30.520 --> 0:29:33.600
<v Speaker 5>persons born or naturalized in the United States, and subject

0:29:33.600 --> 0:29:36.680
<v Speaker 5>to the jurisdiction thereof, are US citizens.

0:29:36.760 --> 0:29:37.480
<v Speaker 1>And all of this.

0:29:37.600 --> 0:29:40.720
<v Speaker 5>Case, all of these arguments turn on that phrase subject

0:29:40.720 --> 0:29:45.240
<v Speaker 5>to the jurisdiction thereof. What does that phrase mean? It's

0:29:45.320 --> 0:29:47.840
<v Speaker 5>really tough because the word jurisdiction is one of those

0:29:47.880 --> 0:29:50.400
<v Speaker 5>words that can mean all sorts of different things. It

0:29:50.480 --> 0:29:53.760
<v Speaker 5>basically means power, but there's all sorts of different kinds

0:29:53.760 --> 0:29:55.960
<v Speaker 5>of power, and so that's what the argument turns on.

0:29:56.720 --> 0:29:59.320
<v Speaker 5>Some people think that it means you have to follow

0:29:59.360 --> 0:30:01.720
<v Speaker 5>the law born here, and you have to follow the law,

0:30:02.040 --> 0:30:04.600
<v Speaker 5>then you're subject of the jurisdiction thereof, and then that

0:30:04.640 --> 0:30:07.120
<v Speaker 5>means you're a citizen. But that doesn't really make a

0:30:07.160 --> 0:30:09.600
<v Speaker 5>lot of sense because even foreign tourists who come here

0:30:09.600 --> 0:30:11.560
<v Speaker 5>for a vacation have to follow the law. I mean,

0:30:11.600 --> 0:30:13.600
<v Speaker 5>they have to stop at red lights and they can't

0:30:13.600 --> 0:30:17.560
<v Speaker 5>steal things, So that can't be what that means, right. Instead,

0:30:17.840 --> 0:30:21.719
<v Speaker 5>the other side argues jurisdiction thereof means some kind of

0:30:21.840 --> 0:30:27.360
<v Speaker 5>loyalty or allegiance, that there's citizenship jurisdiction, as opposed to

0:30:27.560 --> 0:30:31.120
<v Speaker 5>follow the law jurisdiction, and that difference. You can see

0:30:31.120 --> 0:30:34.560
<v Speaker 5>that difference for example, in this if you're a foreign spy.

0:30:34.800 --> 0:30:36.720
<v Speaker 5>Now you sneak into the country and you spy for

0:30:36.800 --> 0:30:39.160
<v Speaker 5>some foreign country and you get it arrested, you can

0:30:39.200 --> 0:30:43.640
<v Speaker 5>be prosecuted for espionage, but you cannot be prosecuted for treason.

0:30:44.480 --> 0:30:47.040
<v Speaker 5>Why because you're not a US citizen and you don't

0:30:47.080 --> 0:30:50.400
<v Speaker 5>owe loyalty to the US, so you cannot commit treason

0:30:50.440 --> 0:30:54.520
<v Speaker 5>against the US. And so there's two different kinds of jurisdiction,

0:30:54.680 --> 0:30:57.200
<v Speaker 5>is the argument. And so those who are against birthright

0:30:57.200 --> 0:31:00.960
<v Speaker 5>citizenships say, subject of the jurisdiction means that your parents

0:31:01.080 --> 0:31:04.840
<v Speaker 5>owed loyalty to the United States as opposed to some

0:31:04.920 --> 0:31:07.440
<v Speaker 5>foreign country, and that would mean that illegal aliens if

0:31:07.440 --> 0:31:09.240
<v Speaker 5>they have a child here, that child is not a

0:31:09.320 --> 0:31:12.320
<v Speaker 5>sistant in the United States. Now, that's also there's a

0:31:12.360 --> 0:31:14.440
<v Speaker 5>problem with that. There's a couple problems that. One of

0:31:14.480 --> 0:31:16.760
<v Speaker 5>the problems of that argument is that nobody has ever

0:31:16.840 --> 0:31:19.080
<v Speaker 5>said that that's what it means. In the one hundred

0:31:19.120 --> 0:31:21.320
<v Speaker 5>and fifty years since this has been in the Constitution,

0:31:21.760 --> 0:31:24.320
<v Speaker 5>everybody has active like if you're born here, you're a

0:31:24.320 --> 0:31:28.400
<v Speaker 5>citizen all of that time. And so suddenly discovering that

0:31:28.480 --> 0:31:30.240
<v Speaker 5>we're at it turns out that we've been misreading the

0:31:30.240 --> 0:31:34.040
<v Speaker 5>Constitution for one hundred and fifty years would be a huge,

0:31:34.960 --> 0:31:39.240
<v Speaker 5>enormously radical transformation and how our system works. That would

0:31:39.320 --> 0:31:43.080
<v Speaker 5>cause tremendous disruption nationwide, and that would be a real problem.

0:31:43.640 --> 0:31:46.640
<v Speaker 5>But all of this, the real problem here in answering

0:31:46.640 --> 0:31:49.320
<v Speaker 5>this question is that when the amendment was adopted, there

0:31:49.320 --> 0:31:51.880
<v Speaker 5>were no such things as illegal aliens, because there were

0:31:51.880 --> 0:31:55.239
<v Speaker 5>no laws against immigration, and that means if you're an

0:31:55.240 --> 0:31:57.840
<v Speaker 5>originalist and you think the competition should be understood the

0:31:57.840 --> 0:32:01.240
<v Speaker 5>way it was originally intended, the Framers didn't ever think

0:32:01.280 --> 0:32:03.680
<v Speaker 5>about this because it wasn't against the law back then,

0:32:03.720 --> 0:32:04.360
<v Speaker 5>So we don't know.

0:32:04.320 --> 0:32:06.800
<v Speaker 4>What they would have thought about this question right right well,

0:32:06.880 --> 0:32:12.000
<v Speaker 4>at the point that this enormously radical, disruptive president has overturned,

0:32:12.040 --> 0:32:14.320
<v Speaker 4>that's when you tag me and Tim and I come

0:32:14.360 --> 0:32:18.480
<v Speaker 4>in and explain to the good folks that look, the

0:32:18.600 --> 0:32:23.440
<v Speaker 4>nature of global transportation, the movement of people or peoples

0:32:23.520 --> 0:32:27.000
<v Speaker 4>from one place to another has changed so vastly.

0:32:27.440 --> 0:32:30.240
<v Speaker 1>Joe's a living constitution guy. You can hear it coming.

0:32:29.960 --> 0:32:34.560
<v Speaker 4>Out of what No, don't you dare know that the

0:32:34.720 --> 0:32:38.440
<v Speaker 4>very nature of comings and goings from countries has been

0:32:38.520 --> 0:32:40.360
<v Speaker 4>so radically transformed.

0:32:40.760 --> 0:32:44.000
<v Speaker 1>A Chinese national with not the slightest.

0:32:43.360 --> 0:32:47.120
<v Speaker 4>Notion of making life in the United States can can

0:32:48.160 --> 0:32:53.040
<v Speaker 4>depart China, arrive here, give birth, go back to China,

0:32:53.160 --> 0:32:54.040
<v Speaker 4>all in the span of.

0:32:54.000 --> 0:32:54.959
<v Speaker 1>Seventy two hours.

0:32:55.000 --> 0:32:58.120
<v Speaker 3>I'm inducing labor in this case, probably getting very lucky,

0:32:58.680 --> 0:32:59.720
<v Speaker 3>and that.

0:32:59.720 --> 0:33:01.080
<v Speaker 1>Child had citizenship.

0:33:01.160 --> 0:33:04.920
<v Speaker 4>That's the eventuality unimaginable back in the day.

0:33:04.880 --> 0:33:07.600
<v Speaker 5>Is the kids I think that that's sort of true.

0:33:07.640 --> 0:33:10.000
<v Speaker 5>But on the other hand, the Chinese question came up

0:33:10.040 --> 0:33:12.960
<v Speaker 5>back then because there were so many Chinese in California

0:33:13.080 --> 0:33:15.800
<v Speaker 5>in the eighteen sixties, and senators rasked, well, isn't this

0:33:15.880 --> 0:33:18.480
<v Speaker 5>going to make the children of the Chinese immigrants who

0:33:18.920 --> 0:33:21.040
<v Speaker 5>back then did not intend to sty in the United States.

0:33:21.040 --> 0:33:23.320
<v Speaker 5>They intended to go back to China. The senator's rast,

0:33:23.440 --> 0:33:26.720
<v Speaker 5>does this make their kids us? Senator US citizens? And

0:33:26.800 --> 0:33:29.920
<v Speaker 5>the senator from California said yes, and then he was

0:33:29.920 --> 0:33:32.280
<v Speaker 5>immediately thrown out of office. So what does that mean?

0:33:32.800 --> 0:33:33.600
<v Speaker 5>Nobody knows what that.

0:33:33.640 --> 0:33:36.840
<v Speaker 3>Means a single case from eighteen ninety eight, or is

0:33:36.840 --> 0:33:38.560
<v Speaker 3>there more precedent?

0:33:38.640 --> 0:33:41.680
<v Speaker 5>Really, there really isn't. There's really just a handful of

0:33:41.680 --> 0:33:44.720
<v Speaker 5>presidents and no Supreme Court case has ever said that

0:33:44.840 --> 0:33:48.000
<v Speaker 5>birthright citizenship is the is in the Constitution. There have

0:33:48.040 --> 0:33:50.200
<v Speaker 5>been some that have kind of mentioned it or kind

0:33:50.240 --> 0:33:52.200
<v Speaker 5>of assumed it, but none has said so outright.

0:33:52.480 --> 0:33:54.840
<v Speaker 4>I am surprised the polling shows that only about a

0:33:54.960 --> 0:33:57.320
<v Speaker 4>third of Americans want to do away with the way

0:33:57.320 --> 0:33:59.560
<v Speaker 4>we do it now. I'm surprised by that. I do

0:33:59.600 --> 0:34:01.720
<v Speaker 4>want to get this. This is a journalistic question. But

0:34:01.720 --> 0:34:03.840
<v Speaker 4>I think it has an effect on people's respect for

0:34:03.880 --> 0:34:06.720
<v Speaker 4>the law. It has come up recently. It has become

0:34:06.760 --> 0:34:10.759
<v Speaker 4>a pattern that anytime the media mentions a judge, they

0:34:11.160 --> 0:34:14.080
<v Speaker 4>mentioned what president appointed them. Do you think that's a

0:34:14.080 --> 0:34:17.320
<v Speaker 4>good idea or not? They didn't just barely got a minute.

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<v Speaker 5>I think I think it's fine. I think people should

0:34:20.080 --> 0:34:22.560
<v Speaker 5>know where these For instance, I think it would help

0:34:22.560 --> 0:34:24.799
<v Speaker 5>a lot of judges. You know, a lot of Republican

0:34:24.840 --> 0:34:28.160
<v Speaker 5>appointed judges have been ruling against the Trump administration, and

0:34:28.160 --> 0:34:30.000
<v Speaker 5>I think it would be helpful for people to know

0:34:30.400 --> 0:34:33.120
<v Speaker 5>that these questions are not things where it's all partisan.

0:34:33.160 --> 0:34:35.759
<v Speaker 5>The law is not just partisan politics. It's something much

0:34:35.800 --> 0:34:37.120
<v Speaker 5>more profound and much more important.

0:34:37.480 --> 0:34:38.239
<v Speaker 4>Yeah, well, I.

0:34:38.160 --> 0:34:41.640
<v Speaker 1>Agree, But it implies that judges I don't know.

0:34:42.320 --> 0:34:42.520
<v Speaker 4>True.

0:34:42.600 --> 0:34:43.600
<v Speaker 5>I didn't used to think.

0:34:43.760 --> 0:34:45.439
<v Speaker 1>I didn't used to think about it. Ever.

0:34:45.560 --> 0:34:47.600
<v Speaker 4>If a judge ruled, I just thought, all, that's interesting,

0:34:47.840 --> 0:34:49.400
<v Speaker 4>Now it's all who appointed him?

0:34:49.440 --> 0:34:52.120
<v Speaker 1>Oh of course he said that. That is true.

0:34:52.560 --> 0:34:55.239
<v Speaker 5>That is a risk, But I think we should err

0:34:55.239 --> 0:34:58.360
<v Speaker 5>on the side of informing people as opposed to keeping

0:34:58.360 --> 0:34:59.040
<v Speaker 5>people in the dark.

0:34:59.160 --> 0:35:00.720
<v Speaker 1>So that's always Trump.

0:35:02.000 --> 0:35:05.080
<v Speaker 3>Tim Sander for the Goldwater Institute On the Line, Tim

0:35:05.120 --> 0:35:06.880
<v Speaker 3>final question, I've called for a monarchy.

0:35:07.080 --> 0:35:09.160
<v Speaker 1>You in favor of it? Yes or no?

0:35:09.160 --> 0:35:12.080
<v Speaker 5>No, I'm against him monarchy. I'm for the constitution, Joe.

0:35:12.280 --> 0:35:14.839
<v Speaker 4>One more question. As a published poet, I was thinking

0:35:14.840 --> 0:35:17.240
<v Speaker 4>about this. Yesterday he won the Nobel Prize. Bob Dylan

0:35:17.239 --> 0:35:19.920
<v Speaker 4>good poet or not lousy poet?

0:35:20.000 --> 0:35:22.800
<v Speaker 5>Now read Robert Hayden or Richard Wilbur instead.

0:35:24.520 --> 0:35:28.840
<v Speaker 3>Hmm, how about Ringo Star Octopus's Garden was creative?

0:35:30.200 --> 0:35:32.920
<v Speaker 1>Tim, It's always great and enlightening. Thanks Millian for the time.

0:35:33.000 --> 0:35:35.320
<v Speaker 1>Let's talk again soon. Thanks guys.

0:35:35.880 --> 0:35:38.600
<v Speaker 4>All right, I was actually thinking about this listening to

0:35:38.920 --> 0:35:42.960
<v Speaker 4>Dylan lyrics. Why do they stick in everybody's head so much?

0:35:43.000 --> 0:35:44.600
<v Speaker 4>Why do people keep going back to them?

0:35:44.600 --> 0:35:45.279
<v Speaker 1>If it's just.

0:35:45.800 --> 0:35:50.600
<v Speaker 4>Gobbledegook, like a lot of real poets claim, it can't be.

0:35:50.800 --> 0:35:53.520
<v Speaker 4>It wouldn't lodge, It wouldn't it wouldn't make the market made,

0:35:53.560 --> 0:35:54.360
<v Speaker 4>would it?

0:35:54.680 --> 0:35:54.960
<v Speaker 5>All?

0:35:55.080 --> 0:35:55.319
<v Speaker 1>Right?

0:35:55.840 --> 0:35:59.760
<v Speaker 3>He was famously moody about his career and his music

0:36:00.040 --> 0:36:02.480
<v Speaker 3>in his Life's Philosophy. I think some of his stuff

0:36:02.520 --> 0:36:05.080
<v Speaker 3>is absolutely brilliant, and I think some of it's gobbledegook.

0:36:07.040 --> 0:36:07.200
<v Speaker 1>Hum.

0:36:08.800 --> 0:36:11.640
<v Speaker 4>Maybe maybe more on that another day, or maybe not.

0:36:12.080 --> 0:36:14.399
<v Speaker 4>We got plenty of stuff to tell you. I hope

0:36:14.400 --> 0:36:15.920
<v Speaker 4>you can stick around if you missus, Sigmann, I thought

0:36:15.920 --> 0:36:17.359
<v Speaker 4>that Tim thing was really, really good, and you want

0:36:17.400 --> 0:36:19.440
<v Speaker 4>to listen to it again. Get the podcast Armstrong You

0:36:19.520 --> 0:36:20.240
<v Speaker 4>Getty on demand

0:36:21.960 --> 0:36:23.120
<v Speaker 5>Armstrong and Getty