1 00:00:03,240 --> 00:00:08,039 Speaker 1: This is Bloomberg Law with June Brusso from Bloomberg Radio. 2 00:00:10,200 --> 00:00:14,520 Speaker 1: Los Angeles District Attorney George Gascon is recommending that Eric 3 00:00:14,560 --> 00:00:18,480 Speaker 1: and Lyle Menendez be resentenced for the nineteen eighty nine 4 00:00:18,560 --> 00:00:20,000 Speaker 1: murders of their parents. 5 00:00:20,440 --> 00:00:23,160 Speaker 2: I have to tell you that after a very careful 6 00:00:23,239 --> 00:00:27,520 Speaker 2: review of all the arguments that were made for people 7 00:00:27,640 --> 00:00:33,000 Speaker 2: on both sides of this equation, I came to a 8 00:00:33,040 --> 00:00:37,320 Speaker 2: place where I believe that under the law, resentencing is appropriate. 9 00:00:38,040 --> 00:00:41,280 Speaker 1: He's recommending a sentence of life with the possibility of 10 00:00:41,320 --> 00:00:45,839 Speaker 1: parole instead of their current life sentences without parole. The 11 00:00:45,880 --> 00:00:49,720 Speaker 1: brothers will be eligible for parole immediately if a judge 12 00:00:49,720 --> 00:00:52,680 Speaker 1: and the parole board agree. Joining me is Palm Beach 13 00:00:52,720 --> 00:00:56,400 Speaker 1: County State Attorney Dave Ahrenberg. Dave tell us why the 14 00:00:56,400 --> 00:01:01,840 Speaker 1: district attorney said he's going to recommend having Menendez brothers resentenced. 15 00:01:02,440 --> 00:01:05,160 Speaker 3: Well, first, you have a reform minded district attorney there 16 00:01:05,200 --> 00:01:08,360 Speaker 3: who has done other resentencing. He's been criticized for his 17 00:01:08,400 --> 00:01:11,000 Speaker 3: approach to the criminal justice system. He has an election 18 00:01:11,080 --> 00:01:13,560 Speaker 3: in two weeks against a challenger who's running on a 19 00:01:13,600 --> 00:01:16,920 Speaker 3: tough on crime platform, but he is true to who 20 00:01:16,920 --> 00:01:22,399 Speaker 3: he is this district attorney is someone who believes in rehabilitation, 21 00:01:22,680 --> 00:01:24,480 Speaker 3: and he made a big point of saying that the 22 00:01:24,520 --> 00:01:27,959 Speaker 3: Menendaz brothers were model prisoners, even though they got life 23 00:01:27,959 --> 00:01:29,840 Speaker 3: in prison and had nothing to live for, that they 24 00:01:29,840 --> 00:01:32,840 Speaker 3: were model prisoners. But he also stressed that there was 25 00:01:32,880 --> 00:01:36,000 Speaker 3: new evidence that showed that the brothers were subjected to 26 00:01:36,200 --> 00:01:38,920 Speaker 3: sex abuse in the hands of the father. So he 27 00:01:39,240 --> 00:01:43,760 Speaker 3: is not supporting the downfiling of the charge to manslaughter. 28 00:01:43,840 --> 00:01:47,400 Speaker 3: He's saying it should be resentenced as murder, but that 29 00:01:47,800 --> 00:01:52,360 Speaker 3: since the two brothers committed this horrible crime while they 30 00:01:52,360 --> 00:01:54,320 Speaker 3: were under the age of twenty six they were twenty 31 00:01:54,320 --> 00:01:57,520 Speaker 3: one and eighteen at the time, that they would be 32 00:01:57,600 --> 00:02:03,200 Speaker 3: eligible for parole. And so he's recommending that they be 33 00:02:03,320 --> 00:02:06,840 Speaker 3: resentenced to murder fifty to one hundred years with parole, 34 00:02:06,920 --> 00:02:10,520 Speaker 3: essentially to be re sentenced with parole as opposed to 35 00:02:10,639 --> 00:02:14,720 Speaker 3: life without parole, and then the parle would be eulitible immediately. 36 00:02:15,080 --> 00:02:17,359 Speaker 3: So conceivably, if a judge agrees, and the judge still 37 00:02:17,440 --> 00:02:22,160 Speaker 3: must agree, the Menendez brothers would be resentenced, go before 38 00:02:22,200 --> 00:02:24,440 Speaker 3: the parle board and possibly released. 39 00:02:24,840 --> 00:02:27,400 Speaker 1: So did it seem as if he was backing into 40 00:02:27,480 --> 00:02:29,520 Speaker 1: it like that. He set it up so that they 41 00:02:29,560 --> 00:02:32,480 Speaker 1: could be released immediately if a judge agrees. 42 00:02:32,919 --> 00:02:34,880 Speaker 3: You know, it's interesting. I think he did it this 43 00:02:34,960 --> 00:02:37,320 Speaker 3: way so that he was involved in it. But it's 44 00:02:37,360 --> 00:02:39,440 Speaker 3: not his decision to release it. Ultimately, it was going 45 00:02:39,520 --> 00:02:41,600 Speaker 3: to be the judge's decision, but he added an additional 46 00:02:41,680 --> 00:02:43,720 Speaker 3: layer on top of that. Not only will it be 47 00:02:43,800 --> 00:02:46,760 Speaker 3: the judge's decision, will also be the parole boards decision. 48 00:02:47,280 --> 00:02:50,120 Speaker 3: So for those who say, hey, you release the Menenda's brothers, 49 00:02:50,160 --> 00:02:54,160 Speaker 3: he can rightfully say that, no, I just recommended something, 50 00:02:54,200 --> 00:02:56,320 Speaker 3: but it was the judge and then this parole board 51 00:02:56,760 --> 00:02:57,840 Speaker 3: that made that decision. 52 00:02:58,360 --> 00:03:02,320 Speaker 1: So he talked about the two trials of the Menandez brothers, 53 00:03:02,919 --> 00:03:06,440 Speaker 1: explain what happened at the two trials and the sexual 54 00:03:06,560 --> 00:03:07,840 Speaker 1: abuse allegations. 55 00:03:09,040 --> 00:03:12,000 Speaker 3: The two trials took place in the first one ended 56 00:03:12,040 --> 00:03:14,680 Speaker 3: in a mistrial, hung jury, and then there was a 57 00:03:14,680 --> 00:03:17,400 Speaker 3: second trial and the second trial, the judge did not 58 00:03:17,480 --> 00:03:20,760 Speaker 3: allow the claim of sexual abuse to come in for 59 00:03:20,800 --> 00:03:23,600 Speaker 3: the defense. The defense wanted to go into the issue 60 00:03:23,639 --> 00:03:27,520 Speaker 3: of sexual abuse. There wasn't as much evidence of it 61 00:03:27,600 --> 00:03:31,600 Speaker 3: back then. Plus it was a different time and these 62 00:03:31,880 --> 00:03:36,920 Speaker 3: issues were not as prevalent in these types of cases, 63 00:03:36,960 --> 00:03:39,720 Speaker 3: and so the judge said, no, you can't bring it up, 64 00:03:39,760 --> 00:03:42,720 Speaker 3: you can't bring it in, and the brothers were found guilty. 65 00:03:42,720 --> 00:03:44,920 Speaker 3: You remember, during the first trial there was an outcry 66 00:03:44,960 --> 00:03:49,880 Speaker 3: because people thought this these brothers were just vicious killers 67 00:03:49,880 --> 00:03:51,800 Speaker 3: who were doing it because they didn't want to get 68 00:03:51,800 --> 00:03:54,080 Speaker 3: written out of their father's will. And then once they 69 00:03:54,200 --> 00:03:57,839 Speaker 3: slaughtered their parents, who were eating ice cream in front 70 00:03:57,880 --> 00:04:00,240 Speaker 3: of the TV, where their backs turned to these others 71 00:04:00,280 --> 00:04:05,120 Speaker 3: who premeditated all this, who planned this, that they were 72 00:04:05,240 --> 00:04:08,240 Speaker 3: dressed at the trial in these soft sweaters that made 73 00:04:08,280 --> 00:04:12,680 Speaker 3: them look like mister Rogers, and there was a hung jury. 74 00:04:13,000 --> 00:04:15,120 Speaker 3: But then on the second trial, with the new instruction 75 00:04:15,240 --> 00:04:18,800 Speaker 3: from the judge that they could not use the abuse excuse, 76 00:04:19,320 --> 00:04:22,599 Speaker 3: then the jury found them guilty. They were sentenced to 77 00:04:22,720 --> 00:04:25,920 Speaker 3: life in prison without parole. And here we are today. 78 00:04:26,120 --> 00:04:29,760 Speaker 1: How much of this do you think can be attributed 79 00:04:29,800 --> 00:04:33,200 Speaker 1: to the Me too movement and the different way we 80 00:04:33,360 --> 00:04:38,240 Speaker 1: have of looking and accepting allegations of child abuse and 81 00:04:38,279 --> 00:04:39,120 Speaker 1: sexual abuse. 82 00:04:39,480 --> 00:04:42,880 Speaker 3: There's some of that, It's a different time, but also 83 00:04:43,040 --> 00:04:46,480 Speaker 3: social media. You had celebrities way in on the Menena's brothers. 84 00:04:46,760 --> 00:04:50,200 Speaker 3: They caught on the social media circuit, where you had 85 00:04:50,240 --> 00:04:54,240 Speaker 3: people say, hey, these brothers were abused, especial when the 86 00:04:54,279 --> 00:04:57,800 Speaker 3: new evidence came out, and they're so interesting and they 87 00:04:57,800 --> 00:05:01,480 Speaker 3: should be talked about. And then the pressure increased and 88 00:05:01,760 --> 00:05:04,760 Speaker 3: family members even got involved on their side, and eventually 89 00:05:05,160 --> 00:05:07,640 Speaker 3: it came to this. And so yes, when you add 90 00:05:07,680 --> 00:05:09,880 Speaker 3: that we're living in a different time and you had 91 00:05:09,960 --> 00:05:15,200 Speaker 3: more understanding of sexual abuse, and you have the social 92 00:05:15,240 --> 00:05:19,880 Speaker 3: media aspect in it all and celebrities, it culminated into 93 00:05:20,080 --> 00:05:24,640 Speaker 3: the DA recommending that they be resentenced. Normally is the 94 00:05:24,720 --> 00:05:27,480 Speaker 3: DA that resists it. Remember, this is a motion filed 95 00:05:27,480 --> 00:05:29,280 Speaker 3: by the defense lawyers a while ago in front of 96 00:05:29,320 --> 00:05:31,359 Speaker 3: the judge and was penning in front of the judge. 97 00:05:31,400 --> 00:05:34,560 Speaker 3: The DA did not have to give this recommendation, but 98 00:05:34,760 --> 00:05:37,520 Speaker 3: he did. That's what's so interesting about this is that 99 00:05:37,560 --> 00:05:40,360 Speaker 3: normally the DA is the one who says, no, let's 100 00:05:40,440 --> 00:05:42,760 Speaker 3: keep it behind bars. Now, my issue as a sitting 101 00:05:42,760 --> 00:05:46,600 Speaker 3: prosecutor is not with the DA's recommendation. When it comes 102 00:05:46,720 --> 00:05:49,880 Speaker 3: to the murder of the father Jose he was apparently, 103 00:05:49,920 --> 00:05:53,800 Speaker 3: according to the evidence that has come out, he was 104 00:05:54,560 --> 00:05:58,560 Speaker 3: accused of sexual abuse not just against the sons but 105 00:05:58,720 --> 00:06:02,080 Speaker 3: against one of the members of Menudo who came out 106 00:06:02,560 --> 00:06:06,240 Speaker 3: and said that this guy sexually abused him. So I 107 00:06:06,360 --> 00:06:11,479 Speaker 3: understand how they prosecutor here could try to resentence the 108 00:06:11,560 --> 00:06:15,200 Speaker 3: brothers because this perhaps is more of a manslaughter case 109 00:06:15,320 --> 00:06:19,440 Speaker 3: than a murder case because of the abuse allegations that 110 00:06:19,560 --> 00:06:23,120 Speaker 3: now have credence. But what about the mother. There is 111 00:06:23,200 --> 00:06:27,200 Speaker 3: no credible allegation that the mother was sexually abusing the children, 112 00:06:27,760 --> 00:06:29,839 Speaker 3: and yet they slaughtered the mother. Not only they murdered 113 00:06:29,839 --> 00:06:34,760 Speaker 3: the mother lyle Menendez shot the mother, and the mother 114 00:06:34,839 --> 00:06:37,560 Speaker 3: did not die, and she was crawling away desperately trying 115 00:06:37,560 --> 00:06:40,359 Speaker 3: to save her life when he ran outside to reload 116 00:06:40,800 --> 00:06:43,680 Speaker 3: and then ran back into the house to finish off 117 00:06:43,680 --> 00:06:47,640 Speaker 3: her mother. And it did so in such a bloody, calculated, 118 00:06:47,720 --> 00:06:51,599 Speaker 3: brutal way that law enforcement thought it was a mob hit. 119 00:06:51,839 --> 00:06:54,799 Speaker 3: It was a mafia that did this, and that boys 120 00:06:54,880 --> 00:06:58,159 Speaker 3: lied about it and lied repeatedly about what happened, and 121 00:06:58,200 --> 00:07:01,320 Speaker 3: then went on a shopping spree and then traveled and 122 00:07:01,400 --> 00:07:04,880 Speaker 3: got tennis lessons and through parties and lived the high life, 123 00:07:05,040 --> 00:07:08,560 Speaker 3: living off their famili's money until they're eventually caught. 124 00:07:08,600 --> 00:07:14,080 Speaker 1: The prosecutor mentioned that after Netflix began streaming the true 125 00:07:14,120 --> 00:07:19,640 Speaker 1: crime drama Monsters the lylent Eric Menendez story. His office 126 00:07:19,840 --> 00:07:23,120 Speaker 1: was inundated with calls from the public, and that's why 127 00:07:23,120 --> 00:07:26,000 Speaker 1: he says he decided to move up this decision. How 128 00:07:26,080 --> 00:07:28,680 Speaker 1: much of this decision do you think is because so 129 00:07:28,800 --> 00:07:32,440 Speaker 1: many people watch those documentaries and saw a different side 130 00:07:32,440 --> 00:07:35,920 Speaker 1: of this, and it's been the subject of debate once again. 131 00:07:36,760 --> 00:07:38,960 Speaker 3: Well, that's the culture in today. 132 00:07:39,120 --> 00:07:39,280 Speaker 4: You know. 133 00:07:39,280 --> 00:07:41,640 Speaker 3: We're so divided on everything, it seems like, and we're 134 00:07:41,640 --> 00:07:45,160 Speaker 3: divided on this as well. And there are people who 135 00:07:45,440 --> 00:07:48,160 Speaker 3: are years removed from the situation who now look at 136 00:07:48,160 --> 00:07:51,560 Speaker 3: the brothers as victims themselves, when a lot of us 137 00:07:51,600 --> 00:07:53,920 Speaker 3: who were around when this happened, a lot of them 138 00:07:54,040 --> 00:07:58,640 Speaker 3: is spoiled, entitled brutal killers who plan this murder, lied 139 00:07:58,680 --> 00:08:03,400 Speaker 3: about it, and then joyfully spent the money that was 140 00:08:03,440 --> 00:08:07,440 Speaker 3: their parents on themselves. I guess people grieve in different ways, 141 00:08:07,480 --> 00:08:09,480 Speaker 3: but in this case, it was not a good look 142 00:08:09,480 --> 00:08:13,440 Speaker 3: for them. And years have passed and the one thing 143 00:08:14,160 --> 00:08:15,840 Speaker 3: that a couple of things that have come up in 144 00:08:15,840 --> 00:08:18,960 Speaker 3: their favor that first they have been model prisoners that 145 00:08:19,000 --> 00:08:21,400 Speaker 3: they have been. I don't think anyone disagrees with that, 146 00:08:21,880 --> 00:08:26,240 Speaker 3: and they there is now new evidence that shows that 147 00:08:27,120 --> 00:08:30,880 Speaker 3: looks like jose the father did engage in sexual abuse 148 00:08:30,880 --> 00:08:34,240 Speaker 3: against the brothers. Now is that enough to release them? 149 00:08:34,320 --> 00:08:37,720 Speaker 3: I don't think so, but I'm up the DA there. 150 00:08:38,520 --> 00:08:40,679 Speaker 1: They have served thirty five years though. 151 00:08:41,480 --> 00:08:43,800 Speaker 3: Well, for murder you can get life, and you should 152 00:08:43,880 --> 00:08:46,440 Speaker 3: a pre first agree pre meditated murder gets you life 153 00:08:46,520 --> 00:08:49,320 Speaker 3: or the death penalty. That's what they're convicted for. First agree, 154 00:08:49,760 --> 00:08:53,920 Speaker 3: premeditated murder and not just murder, double murder. So, although 155 00:08:53,960 --> 00:08:57,840 Speaker 3: I do understand reducing the sentence for the father's murder 156 00:08:57,880 --> 00:09:00,280 Speaker 3: because that could be more of a manslaughter case, saying 157 00:09:00,280 --> 00:09:03,880 Speaker 3: getting parole for that, I still would not have supported 158 00:09:03,880 --> 00:09:06,120 Speaker 3: that for the mother because the way the mother was 159 00:09:06,200 --> 00:09:09,840 Speaker 3: killed was unnecessary and was particularly brutal, and it was 160 00:09:09,880 --> 00:09:11,600 Speaker 3: clear to me the reason why they killed the mother 161 00:09:11,760 --> 00:09:14,360 Speaker 3: was to eliminate the witnesses so they could claim that 162 00:09:15,000 --> 00:09:16,680 Speaker 3: they were innocent, they had nothing to do with this, 163 00:09:16,720 --> 00:09:20,800 Speaker 3: and they'd go on their spending spree. But they were 164 00:09:20,800 --> 00:09:23,440 Speaker 3: convicted of both murders and now looks like they're going 165 00:09:23,520 --> 00:09:24,319 Speaker 3: to get out. 166 00:09:24,559 --> 00:09:27,600 Speaker 1: Well, you feel that way, and apparently a lot of 167 00:09:27,640 --> 00:09:32,120 Speaker 1: people in the prosecutor's office feel that way. Do you 168 00:09:32,200 --> 00:09:36,240 Speaker 1: think that the judge or parole board will say, no, 169 00:09:36,760 --> 00:09:37,800 Speaker 1: we're not going to do this. 170 00:09:38,720 --> 00:09:42,920 Speaker 3: I think when the prosecutor's office recommends resentencing, then the 171 00:09:43,040 --> 00:09:46,320 Speaker 3: judge and the pro board would probably go along. I 172 00:09:46,360 --> 00:09:49,840 Speaker 3: think if they would expect the prosecutor's office to resist it, 173 00:09:49,880 --> 00:09:51,560 Speaker 3: and when they're in favor of it, I do think 174 00:09:51,600 --> 00:09:54,120 Speaker 3: that the chants are likely. They will go free now 175 00:09:54,160 --> 00:09:56,880 Speaker 3: and then I guess they could try to monetize their 176 00:09:56,920 --> 00:10:01,520 Speaker 3: experience and sell books and movies, reality show and so 177 00:10:01,800 --> 00:10:04,760 Speaker 3: that that could happen. But you know, they'll never be 178 00:10:04,800 --> 00:10:08,080 Speaker 3: able to escape what they've done. And the DA did 179 00:10:08,120 --> 00:10:10,520 Speaker 3: say that it's not condoniate, not excusing it. There's a 180 00:10:10,520 --> 00:10:13,680 Speaker 3: brutal murder, and even if you're the victim of abuse, 181 00:10:13,840 --> 00:10:16,079 Speaker 3: you should report it to authorities. You don't get to 182 00:10:16,120 --> 00:10:19,440 Speaker 3: take the law on your own hands. But I do 183 00:10:19,520 --> 00:10:22,360 Speaker 3: think that they're getting out if they do get out 184 00:10:22,640 --> 00:10:26,160 Speaker 3: too early for this double murder. Again, maybe it would 185 00:10:26,200 --> 00:10:28,760 Speaker 3: it be justified for the murder of the father to 186 00:10:28,800 --> 00:10:31,240 Speaker 3: get out after thirty five years, but the murder of 187 00:10:31,240 --> 00:10:33,960 Speaker 3: the mother, I think the life sentence was appropriate. 188 00:10:34,520 --> 00:10:37,120 Speaker 1: Do you think that there'll be some questioning of this 189 00:10:37,240 --> 00:10:42,000 Speaker 1: decision because of the timing so close to a close 190 00:10:42,040 --> 00:10:43,880 Speaker 1: election for the district attorney. 191 00:10:44,480 --> 00:10:48,280 Speaker 3: Yeah, there are going to be questions about that that 192 00:10:48,440 --> 00:10:51,959 Speaker 3: this took place two weeks before the election and the 193 00:10:52,040 --> 00:10:55,720 Speaker 3: das on the ballot. But you know, the DA is 194 00:10:55,760 --> 00:10:58,240 Speaker 3: within his rights to do it now when this motion 195 00:10:58,320 --> 00:11:01,120 Speaker 3: has been pending for a while, and he perhaps wants 196 00:11:01,240 --> 00:11:05,800 Speaker 3: it to be done now before the November election takes 197 00:11:05,880 --> 00:11:08,440 Speaker 3: up all the oxygen in the room, and before the 198 00:11:08,480 --> 00:11:11,360 Speaker 3: Dodgers are in the in the World Series before the 199 00:11:11,400 --> 00:11:14,040 Speaker 3: first game, because that will take up all the aucygen 200 00:11:14,040 --> 00:11:16,640 Speaker 3: in the room as well in southern California. So praps, 201 00:11:16,679 --> 00:11:19,800 Speaker 3: he thought today was the best day to make his announcement. 202 00:11:20,160 --> 00:11:22,960 Speaker 1: We'll see what happens with the judge and the Parole Board. 203 00:11:23,520 --> 00:11:26,920 Speaker 1: Thanks so much, Dave. That's Palm Beach County State Attorney 204 00:11:27,000 --> 00:11:30,600 Speaker 1: Dave Arenberg. I'm June Grosso, and you're listening to Bloomberg. 205 00:11:32,200 --> 00:11:35,480 Speaker 1: Donald Trump is ramping up calls to carry out mass 206 00:11:35,559 --> 00:11:39,360 Speaker 1: deportations of immigrants if he returns to the White House 207 00:11:39,520 --> 00:11:42,559 Speaker 1: by dusting off part of the Alien and Sedition Acts 208 00:11:42,559 --> 00:11:45,400 Speaker 1: of seventeen ninety eight, I will. 209 00:11:45,200 --> 00:11:49,520 Speaker 5: Invoke the Alien Enemies Act of seventeen ninety eight. 210 00:11:49,559 --> 00:11:50,319 Speaker 6: Think of that. 211 00:11:51,800 --> 00:11:55,120 Speaker 5: Seventeen ninety eight. This was put there seventeen ninety eight. 212 00:11:55,160 --> 00:11:59,680 Speaker 5: That's a long time ago right to target and dismantle 213 00:11:59,720 --> 00:12:03,400 Speaker 5: every migrant criminal network operating on American soil. 214 00:12:03,720 --> 00:12:07,120 Speaker 1: The law allows the US government to detain and remove 215 00:12:07,240 --> 00:12:11,760 Speaker 1: non citizens of hostile nations during wartime. It's the same 216 00:12:11,840 --> 00:12:15,520 Speaker 1: law which was infamously used to justify the confinement of 217 00:12:15,640 --> 00:12:19,640 Speaker 1: Japanese Americans and others during World War Two. Joining me 218 00:12:19,760 --> 00:12:23,400 Speaker 1: is immigration law expertly on Fresco, a partner at Honden Knight. 219 00:12:23,880 --> 00:12:28,600 Speaker 1: Leon Trump is promising to carry out mass deportations by 220 00:12:28,720 --> 00:12:31,680 Speaker 1: using this two hundred and twenty six year old law. 221 00:12:32,000 --> 00:12:35,400 Speaker 1: Is what he's suggesting legal using that act. 222 00:12:35,559 --> 00:12:37,640 Speaker 4: Well, here's what it's going to come down to. Like 223 00:12:37,720 --> 00:12:39,920 Speaker 4: everything else, it's going to come down to a matter 224 00:12:40,000 --> 00:12:44,800 Speaker 4: of fagitatory interpretation, because the Alien Enemies Act of seventeen 225 00:12:44,880 --> 00:12:48,320 Speaker 4: ninety eight actually has a provision in it that says 226 00:12:48,360 --> 00:12:52,480 Speaker 4: that the quote unquote invasion that's happening as a result 227 00:12:52,520 --> 00:12:56,120 Speaker 4: of the Alien Enemies Act has to be sanctioned by 228 00:12:56,160 --> 00:12:59,120 Speaker 4: a country, meaning there has to be a country that's 229 00:12:59,280 --> 00:13:04,560 Speaker 4: actually involved in sending these people invading into the United 230 00:13:04,600 --> 00:13:07,760 Speaker 4: States as opposed to people taking matters into their own 231 00:13:07,840 --> 00:13:11,280 Speaker 4: hands and crossing into the United States. So what the 232 00:13:11,320 --> 00:13:15,479 Speaker 4: Trump administration is going to say is we are being invaded, 233 00:13:15,679 --> 00:13:19,800 Speaker 4: especially by gang members of certain countries, and the one 234 00:13:19,840 --> 00:13:24,240 Speaker 4: he's most concerned with is Venezuela. And what he's going 235 00:13:24,320 --> 00:13:27,720 Speaker 4: to say is that these gangs from Venezuela are actually 236 00:13:27,800 --> 00:13:31,840 Speaker 4: being sent to the United States in quote unquote some 237 00:13:31,880 --> 00:13:35,760 Speaker 4: sort of acts of hostilities here as a matter of 238 00:13:36,040 --> 00:13:40,000 Speaker 4: them trying to clear out their gang members and cause 239 00:13:40,040 --> 00:13:44,080 Speaker 4: instability in the United States and trying to add gang 240 00:13:44,160 --> 00:13:47,200 Speaker 4: members into the United States. So that's what's going to 241 00:13:47,200 --> 00:13:50,640 Speaker 4: be up to the court to figure out. And so 242 00:13:51,040 --> 00:13:55,199 Speaker 4: I very much doubt that this statute will be applied 243 00:13:55,360 --> 00:14:00,760 Speaker 4: to basically permit this kind of don't do process deportation 244 00:14:00,880 --> 00:14:03,800 Speaker 4: where you don't pass go, you don't collect two hundred dollars, 245 00:14:03,840 --> 00:14:06,080 Speaker 4: you just can immediately be round up and send out. 246 00:14:06,440 --> 00:14:10,240 Speaker 4: But I do expect the Trump administration to try, and 247 00:14:10,280 --> 00:14:12,880 Speaker 4: I do expect this case to get to the Supreme Court, 248 00:14:13,280 --> 00:14:15,560 Speaker 4: and then it'll just be a very interesting question of 249 00:14:15,600 --> 00:14:18,199 Speaker 4: what will the Supreme Court say, Are there five votes 250 00:14:18,240 --> 00:14:21,960 Speaker 4: on the Supreme Court to say that the people who 251 00:14:21,960 --> 00:14:24,440 Speaker 4: are coming here, who are gang members, are in some 252 00:14:24,560 --> 00:14:26,840 Speaker 4: way being sent here. And so I do think if 253 00:14:26,880 --> 00:14:30,320 Speaker 4: the Trump administration gets into power, it will actually have 254 00:14:30,440 --> 00:14:33,280 Speaker 4: to try to build a record of this before it 255 00:14:33,440 --> 00:14:36,520 Speaker 4: enters this order, and it will actually have to say, 256 00:14:36,560 --> 00:14:39,720 Speaker 4: here's all the evidence we have that the people from 257 00:14:39,760 --> 00:14:42,880 Speaker 4: Venezuela who are the gang members, or let's say from 258 00:14:42,880 --> 00:14:46,000 Speaker 4: some other country who are the gang members, are actually 259 00:14:46,040 --> 00:14:48,840 Speaker 4: being sent here by a foreign nation. 260 00:14:49,840 --> 00:14:53,000 Speaker 1: And an operation like this would be incredibly expensive. 261 00:14:53,720 --> 00:14:56,440 Speaker 4: Well, that's another story in terms of yes, how much 262 00:14:56,440 --> 00:14:58,680 Speaker 4: would it cost to do it? Because at the end 263 00:14:58,720 --> 00:15:01,160 Speaker 4: of the day, you have two problems. One, you have 264 00:15:01,280 --> 00:15:04,800 Speaker 4: the due process problem of can you actually do the 265 00:15:04,880 --> 00:15:09,080 Speaker 4: deportation legally? But second you have the problem of okay, now, 266 00:15:09,120 --> 00:15:14,280 Speaker 4: what does Venezuela actually let the plane's land of the 267 00:15:14,360 --> 00:15:17,160 Speaker 4: people we're trying to deport And if they don't let 268 00:15:17,200 --> 00:15:20,120 Speaker 4: the planes land, then what then what are you doing 269 00:15:20,120 --> 00:15:22,000 Speaker 4: with this? Are you going to try to deport them 270 00:15:22,040 --> 00:15:24,560 Speaker 4: to some other country? Will you have to pay for 271 00:15:24,640 --> 00:15:26,920 Speaker 4: some other country to let you do this? Will you 272 00:15:27,000 --> 00:15:29,240 Speaker 4: have to pay for Venezuela to let you do this, 273 00:15:30,200 --> 00:15:34,080 Speaker 4: that's a big problem logistically, that's number one. But then 274 00:15:34,200 --> 00:15:37,800 Speaker 4: the second issue is, Okay, where are these people waiting 275 00:15:37,840 --> 00:15:40,880 Speaker 4: while you're doing this? Are they waiting in detention? Then 276 00:15:40,960 --> 00:15:44,680 Speaker 4: the detention will cost somewhere, Let's say the bare minimum 277 00:15:44,760 --> 00:15:48,400 Speaker 4: will be sixty seventy dollars a day per person detaining them. 278 00:15:48,440 --> 00:15:50,760 Speaker 4: And then they're the cost to the economy of what 279 00:15:50,880 --> 00:15:52,960 Speaker 4: happens when you take all of these people out of 280 00:15:52,960 --> 00:15:56,120 Speaker 4: the economy where they're currently working. So you're losing all 281 00:15:56,160 --> 00:15:58,840 Speaker 4: of that revenue. And on the other side, now you're 282 00:15:58,880 --> 00:16:02,840 Speaker 4: paying government revenue to detain them. So yes, it ends 283 00:16:02,920 --> 00:16:06,520 Speaker 4: up being very costly what the Trump administration would say 284 00:16:06,560 --> 00:16:08,360 Speaker 4: as well. But we're going to get that all back 285 00:16:08,760 --> 00:16:11,520 Speaker 4: with higher wages to the remaining people who remain in 286 00:16:11,560 --> 00:16:15,880 Speaker 4: the workforce and advanced economic opportunity for the remaining people 287 00:16:15,880 --> 00:16:19,320 Speaker 4: that remain in the workforce without jobs, or that have jobs, 288 00:16:19,320 --> 00:16:21,520 Speaker 4: but now their jobs will pay them more because there's 289 00:16:21,640 --> 00:16:25,720 Speaker 4: fewer workers in the pipeline. But we will have to 290 00:16:25,760 --> 00:16:28,760 Speaker 4: wait and see. I mean, the typical economic studies that 291 00:16:28,800 --> 00:16:31,640 Speaker 4: have been done in this regard say that when you 292 00:16:31,760 --> 00:16:35,040 Speaker 4: take workers out of the economy, especially workers like this 293 00:16:35,160 --> 00:16:38,760 Speaker 4: who don't qualify for government benefits because all the main 294 00:16:38,840 --> 00:16:43,240 Speaker 4: government benefits boot stamps, welfare, and medicaid and Medicare and 295 00:16:43,280 --> 00:16:46,600 Speaker 4: all of that all require legal status to get it. 296 00:16:47,080 --> 00:16:49,320 Speaker 4: And so all these people that you'd be taking out 297 00:16:49,320 --> 00:16:54,080 Speaker 4: of the economy who are working and taxes are being 298 00:16:54,120 --> 00:16:57,760 Speaker 4: paid either through the rent that they pay or sometimes 299 00:16:57,760 --> 00:17:02,080 Speaker 4: they pay actual income tact and withholding is happening. The 300 00:17:02,120 --> 00:17:05,320 Speaker 4: Congressional Budget Office, when it does these studies, always says 301 00:17:05,359 --> 00:17:08,000 Speaker 4: that when you take people out of that scenario, you 302 00:17:08,200 --> 00:17:10,639 Speaker 4: cause massive government deficits. 303 00:17:11,359 --> 00:17:13,359 Speaker 1: I just want to note that the highest number of 304 00:17:13,400 --> 00:17:19,800 Speaker 1: removals under Donald Trump's watch occurred in twenty nineteen, with 305 00:17:19,880 --> 00:17:23,639 Speaker 1: more than three hundred and forty seven thousand non citizens removed. 306 00:17:24,000 --> 00:17:30,040 Speaker 1: Compare that to former President BarackObama, who oversaw the removal 307 00:17:30,119 --> 00:17:33,159 Speaker 1: of more than four hundred thirty thousand non citizens in 308 00:17:33,280 --> 00:17:38,119 Speaker 1: twenty thirteen. Now let's turn to some election lawsuits where 309 00:17:38,200 --> 00:17:42,280 Speaker 1: immigration is now coming up. A series of Republican states, 310 00:17:42,320 --> 00:17:47,840 Speaker 1: including Texas and Florida, are suing the Department of Homeland Security. 311 00:17:48,359 --> 00:17:52,280 Speaker 1: They claim they're moving to purge their voter rolls and 312 00:17:52,320 --> 00:17:57,600 Speaker 1: they need information about immigration status. For example, Texas wants 313 00:17:57,600 --> 00:18:01,040 Speaker 1: the federal government to turn over the immigration status of 314 00:18:01,080 --> 00:18:05,439 Speaker 1: four hundred and fifty thousand potential voters in the state. 315 00:18:05,720 --> 00:18:06,520 Speaker 1: What's going on. 316 00:18:06,440 --> 00:18:09,760 Speaker 4: Here, Leon, So what happens is there's a database called 317 00:18:09,800 --> 00:18:15,280 Speaker 4: the SAVE database, the Systematic and Alien Verification for Entitlement Program, 318 00:18:15,600 --> 00:18:19,680 Speaker 4: And what basically happens there is when a state has 319 00:18:19,720 --> 00:18:23,359 Speaker 4: to do something that depends on the person's lawful status. So, 320 00:18:23,480 --> 00:18:26,240 Speaker 4: for instance, under the real ID Act, if a state 321 00:18:26,320 --> 00:18:29,240 Speaker 4: wants to comply with real ID, it has to check 322 00:18:29,280 --> 00:18:32,640 Speaker 4: the immigration status of someone so that it's not giving 323 00:18:32,680 --> 00:18:35,919 Speaker 4: a license to someone who's undocumented. And so what the 324 00:18:35,960 --> 00:18:39,159 Speaker 4: federal government does is it's given the state access to 325 00:18:39,200 --> 00:18:42,920 Speaker 4: the database called the SAVE database, which allows you then 326 00:18:42,960 --> 00:18:46,560 Speaker 4: to check if the person actually has lawful status visa 327 00:18:46,640 --> 00:18:50,399 Speaker 4: visa federal government. So now what the states are saying is, well, 328 00:18:50,480 --> 00:18:53,439 Speaker 4: let us check this STAVE database to see if the 329 00:18:53,480 --> 00:18:55,880 Speaker 4: person can vote so that we can take them off 330 00:18:55,920 --> 00:18:58,480 Speaker 4: of our voter rolls. And what the federal government is 331 00:18:58,480 --> 00:19:00,840 Speaker 4: saying is, look, this is a data that tells you 332 00:19:00,880 --> 00:19:04,800 Speaker 4: about a person's lawful status. But what happens when people 333 00:19:04,840 --> 00:19:09,600 Speaker 4: actually naturalize is sometimes people change their name. They didn't 334 00:19:09,640 --> 00:19:12,080 Speaker 4: want to change it during the immigration process because they 335 00:19:12,080 --> 00:19:15,360 Speaker 4: didn't want to create a problem. But now the naturalization 336 00:19:15,520 --> 00:19:17,919 Speaker 4: process gives them the opportunity. A lot of times that 337 00:19:17,960 --> 00:19:21,560 Speaker 4: happens because somebody will marry a US citizen. They'll go 338 00:19:21,640 --> 00:19:24,240 Speaker 4: through the current process of getting a green card with 339 00:19:24,320 --> 00:19:27,199 Speaker 4: the name they already had pre marriage, but you know, 340 00:19:27,280 --> 00:19:29,679 Speaker 4: once they get to the citizenship part, they want to 341 00:19:29,720 --> 00:19:32,680 Speaker 4: finally take the name of the spouse, and so all 342 00:19:32,720 --> 00:19:35,560 Speaker 4: of those people won't show up in the SAVE database 343 00:19:35,920 --> 00:19:39,479 Speaker 4: as having naturalized because the name will be different. And 344 00:19:39,520 --> 00:19:42,119 Speaker 4: what they don't want is a situation where Texas or 345 00:19:42,160 --> 00:19:44,760 Speaker 4: some other state then wipes that person off the role 346 00:19:45,240 --> 00:19:48,520 Speaker 4: because there was a misunderstanding of what the database told them. 347 00:19:49,000 --> 00:19:52,680 Speaker 1: And also now we're in that ninety day quiet period 348 00:19:53,200 --> 00:19:56,879 Speaker 1: where states are not supposed to be doing mass purgeings 349 00:19:56,960 --> 00:20:00,639 Speaker 1: of their roles. I believe it was Alabama that a 350 00:20:00,680 --> 00:20:04,960 Speaker 1: court recently told the Secretary of State he couldn't purge 351 00:20:04,960 --> 00:20:06,400 Speaker 1: the voter roles at this point. 352 00:20:06,680 --> 00:20:10,480 Speaker 4: That's another excellent point there. And so in addition to 353 00:20:11,200 --> 00:20:13,600 Speaker 4: whether they get the data and what they can use 354 00:20:13,640 --> 00:20:16,680 Speaker 4: it for, then there's the ultimate question about election law, 355 00:20:16,720 --> 00:20:19,520 Speaker 4: which is a different question than the immigration law about 356 00:20:19,520 --> 00:20:21,280 Speaker 4: whether they can even be doing this at all. Even 357 00:20:21,320 --> 00:20:23,720 Speaker 4: if they get the data and you're correct, they can't 358 00:20:23,760 --> 00:20:27,080 Speaker 4: be doing this at all anyway, So that's a larger problem. 359 00:20:27,359 --> 00:20:31,720 Speaker 4: But just from the immigration standpoint, the government is essentially saying, look, 360 00:20:31,800 --> 00:20:33,800 Speaker 4: this is going to be a garbage in, garbage out 361 00:20:33,840 --> 00:20:37,600 Speaker 4: problem because you're going to get information that's not fully 362 00:20:37,720 --> 00:20:41,160 Speaker 4: up to date with all the people's exact names about 363 00:20:41,440 --> 00:20:44,919 Speaker 4: whether they are actually citizens or not, and whether they 364 00:20:44,920 --> 00:20:45,600 Speaker 4: can vote or not. 365 00:20:46,000 --> 00:20:48,760 Speaker 1: So now that we've solved that problem, let's move on 366 00:20:48,800 --> 00:20:52,760 Speaker 1: to the temporary protected status program. More than eight hundred 367 00:20:52,760 --> 00:20:56,920 Speaker 1: and sixty three thousand people currently have been granted temporary 368 00:20:56,920 --> 00:21:00,240 Speaker 1: protected status as of this fall, and that's more then 369 00:21:00,320 --> 00:21:03,760 Speaker 1: double the numbers four years ago, and about twice as 370 00:21:03,760 --> 00:21:08,280 Speaker 1: many people are eligible and tens of thousands are awaiting approval. 371 00:21:08,880 --> 00:21:12,119 Speaker 1: Strap by explaining what the purpose of the Temporary Protected 372 00:21:12,160 --> 00:21:13,880 Speaker 1: Status program. 373 00:21:13,560 --> 00:21:18,959 Speaker 4: Is, well, the original statute as it was constituted, was 374 00:21:19,040 --> 00:21:22,520 Speaker 4: the following. Let's say, as an example, we had a 375 00:21:22,560 --> 00:21:26,080 Speaker 4: bunch of people here from Japan in the country. They 376 00:21:26,080 --> 00:21:28,399 Speaker 4: were always intending to go home. They came to visit, 377 00:21:28,560 --> 00:21:32,199 Speaker 4: they came to work, temporarily or do something else, study 378 00:21:32,359 --> 00:21:35,400 Speaker 4: or something, and then like what happened in Japan where 379 00:21:35,400 --> 00:21:40,680 Speaker 4: there was that nuclear reactor situation, and suppose the nuclear 380 00:21:40,720 --> 00:21:43,040 Speaker 4: reactor had gone off and it just wouldn't be safe 381 00:21:43,040 --> 00:21:45,480 Speaker 4: to go back to Japan until they solved their nuclear 382 00:21:45,520 --> 00:21:50,480 Speaker 4: reactor situation. The point of TPS temporary protected status is, look, 383 00:21:50,960 --> 00:21:54,919 Speaker 4: get this status so that you don't fall out of status, 384 00:21:55,240 --> 00:21:58,760 Speaker 4: so that you are considered someone who is complying with 385 00:21:58,840 --> 00:22:02,520 Speaker 4: the law and whatever. You know, the nuclear situation is resolved, 386 00:22:02,560 --> 00:22:04,520 Speaker 4: then you can go back home. So it was always 387 00:22:04,520 --> 00:22:08,360 Speaker 4: for something like that, or a hurricane or an earthquake 388 00:22:09,000 --> 00:22:12,560 Speaker 4: or a war or some other natural disaster. But the 389 00:22:12,640 --> 00:22:16,159 Speaker 4: idea was that's why it's called temporary most of the 390 00:22:16,600 --> 00:22:20,719 Speaker 4: for eighteen months, and then hopefully after the eighteen months, 391 00:22:20,760 --> 00:22:24,080 Speaker 4: whatever crisis that caused the need for temporary status will 392 00:22:24,160 --> 00:22:28,720 Speaker 4: go away. But what's happened is that in America, you know, 393 00:22:28,760 --> 00:22:30,920 Speaker 4: we're a very nice country. We'll have a lot of 394 00:22:31,000 --> 00:22:33,520 Speaker 4: nice people who don't like to do mean things to people. 395 00:22:34,080 --> 00:22:38,160 Speaker 4: And so what happens is that once people get PPS, 396 00:22:38,200 --> 00:22:41,080 Speaker 4: then they have legal status, and people then get very 397 00:22:41,080 --> 00:22:46,359 Speaker 4: sad about revoking legal status. Because people start working, they 398 00:22:46,400 --> 00:22:50,600 Speaker 4: start building roots, they start potentially having children here who 399 00:22:50,640 --> 00:22:53,840 Speaker 4: are US citizens, and they start building more and more 400 00:22:53,880 --> 00:22:56,800 Speaker 4: and more equities. And so, for instance, you have a 401 00:22:56,800 --> 00:22:59,520 Speaker 4: lot of people here who have been on temporary protective 402 00:22:59,560 --> 00:23:03,879 Speaker 4: status since literally nineteen ninety six because of various natural 403 00:23:03,920 --> 00:23:07,280 Speaker 4: disasters that have happened. You know, they keep being redesignated, 404 00:23:07,359 --> 00:23:09,399 Speaker 4: so every eighteen months they get renewed, and those are 405 00:23:09,440 --> 00:23:14,480 Speaker 4: people from Central American countries like Honduras and El Salvador. Now, 406 00:23:14,840 --> 00:23:19,360 Speaker 4: having said that, during the Biden administration, many many more 407 00:23:19,400 --> 00:23:26,760 Speaker 4: countries have been added, Ukraine, Venezuela, Yemen, Afghanistan, Cameros, Haiti. 408 00:23:27,359 --> 00:23:30,320 Speaker 4: And so the question is what's going to happen to 409 00:23:30,440 --> 00:23:34,240 Speaker 4: all of these people if former President Trump is elected 410 00:23:34,280 --> 00:23:37,840 Speaker 4: to become the president again. Because during the Trump administration 411 00:23:37,960 --> 00:23:41,000 Speaker 4: he tried getting rid of CPS for the people that 412 00:23:41,080 --> 00:23:43,320 Speaker 4: had it, and then there were lawsuits and those lawsuits 413 00:23:43,320 --> 00:23:47,160 Speaker 4: should it ultimately, But the question is could Trump within 414 00:23:47,320 --> 00:23:51,199 Speaker 4: his term be able to survive all those lawsuits, provoke 415 00:23:51,280 --> 00:23:54,119 Speaker 4: everybody and start getting people out and would he do it? 416 00:23:54,119 --> 00:23:57,080 Speaker 4: Would he do it for Venezuelans because most of the 417 00:23:57,160 --> 00:24:01,320 Speaker 4: Venezuelan American citizens are Trumps and they may not like 418 00:24:01,359 --> 00:24:05,640 Speaker 4: it if Venezuela gets yanked from TPS, or they may 419 00:24:05,760 --> 00:24:08,800 Speaker 4: like it. Who knows. These are all tough questions to determine, 420 00:24:09,119 --> 00:24:11,800 Speaker 4: but that would be a very interesting one. Ukraine is 421 00:24:11,840 --> 00:24:14,879 Speaker 4: another interesting one. What will happen with the fate of 422 00:24:14,920 --> 00:24:17,399 Speaker 4: the Ukrainians who came here? Will they all be forced 423 00:24:17,400 --> 00:24:19,360 Speaker 4: to go home? So those are going to be challenging 424 00:24:19,440 --> 00:24:22,240 Speaker 4: questions for Trump. But yeah, we're at nearly a million 425 00:24:22,320 --> 00:24:25,320 Speaker 4: people with this status. One of the more famous groups 426 00:24:25,480 --> 00:24:28,879 Speaker 4: is Haiti where we had that issue with Haiti and Springfield, Ohio. 427 00:24:29,280 --> 00:24:31,879 Speaker 4: As the point is that the Haitians in Springfield, Ohio 428 00:24:32,000 --> 00:24:36,560 Speaker 4: all have PPS, and so that's why President Trump is 429 00:24:36,640 --> 00:24:40,240 Speaker 4: harping on this PPS status to say, look, I want 430 00:24:40,240 --> 00:24:42,600 Speaker 4: to fight for you and get rid of this and 431 00:24:42,600 --> 00:24:46,119 Speaker 4: send all of these people home. So really that real people, 432 00:24:46,560 --> 00:24:48,960 Speaker 4: their faiths are at fake in this election. 433 00:24:49,520 --> 00:24:52,160 Speaker 1: According to the Migration Policy Institute, there are more than 434 00:24:52,240 --> 00:24:56,960 Speaker 1: three point three million migrants with a temporary status that 435 00:24:57,440 --> 00:25:01,080 Speaker 1: currently doesn't lead to long term residency. That's under a 436 00:25:01,119 --> 00:25:05,640 Speaker 1: lot of different programs, and when those programs end, I mean, 437 00:25:05,880 --> 00:25:08,040 Speaker 1: what happens. 438 00:25:08,040 --> 00:25:10,240 Speaker 4: Well, So That's what's going to be the question for 439 00:25:10,560 --> 00:25:13,520 Speaker 4: the president. If Trump comes back into office, if he 440 00:25:13,680 --> 00:25:16,560 Speaker 4: ends all of those programs, a lot of those people, 441 00:25:16,600 --> 00:25:19,119 Speaker 4: what they're gonna end up doing is applying for asylum, 442 00:25:19,560 --> 00:25:23,240 Speaker 4: and then they're going to have millions of more cases 443 00:25:23,280 --> 00:25:25,479 Speaker 4: on top of the millions of cases they already had 444 00:25:25,560 --> 00:25:29,159 Speaker 4: in the program, plus whoever else the president wants to 445 00:25:29,240 --> 00:25:33,399 Speaker 4: actually add. By, you know, starting to do immigration enforcement actions, 446 00:25:33,440 --> 00:25:37,440 Speaker 4: you could very shortly have ten to twelve million cases 447 00:25:37,560 --> 00:25:40,920 Speaker 4: in the immigration court. And the question for Trump is 448 00:25:40,920 --> 00:25:43,040 Speaker 4: is he going to want that and is he going 449 00:25:43,119 --> 00:25:45,040 Speaker 4: to want to take all of those people out of 450 00:25:45,080 --> 00:25:48,119 Speaker 4: the game from the economic employment they have now and 451 00:25:48,280 --> 00:25:53,040 Speaker 4: cause economic instability, or is he going to start using 452 00:25:53,040 --> 00:25:56,920 Speaker 4: a more scoutful like approach and maybe only start focusing 453 00:25:56,960 --> 00:25:59,600 Speaker 4: on people with criminal issues. I would hope that that's 454 00:25:59,600 --> 00:26:02,560 Speaker 4: where he go because that would be enough where he 455 00:26:02,560 --> 00:26:05,520 Speaker 4: could placate his base by saying, look, there's too many 456 00:26:05,520 --> 00:26:08,439 Speaker 4: people to go after. I need to go after the 457 00:26:08,480 --> 00:26:11,560 Speaker 4: public safety threats. He'd be more than busy for the 458 00:26:11,560 --> 00:26:14,800 Speaker 4: next four years just trying to deport the people with 459 00:26:14,920 --> 00:26:18,480 Speaker 4: criminal issues. And so I would hope and imagine that 460 00:26:18,480 --> 00:26:21,240 Speaker 4: that's where he would prioritize. But you know, we will 461 00:26:21,280 --> 00:26:23,359 Speaker 4: have to wait and see if he's elected and what 462 00:26:23,480 --> 00:26:24,399 Speaker 4: they will be doing. 463 00:26:24,960 --> 00:26:29,280 Speaker 1: I mean, how many people who get removal orders actually 464 00:26:30,240 --> 00:26:32,520 Speaker 1: you know, remove themselves from the country. 465 00:26:32,560 --> 00:26:35,200 Speaker 4: I mean, well, very few people do it for themselves. 466 00:26:35,240 --> 00:26:39,320 Speaker 4: And the larger problem is can a country actually let 467 00:26:39,440 --> 00:26:42,600 Speaker 4: you remove people? So that's the problem is at the moment, 468 00:26:42,680 --> 00:26:45,240 Speaker 4: we can't remove people to Cuba. At the moment, we 469 00:26:45,280 --> 00:26:48,520 Speaker 4: can't remove people to Venezuela. The moment, we can't remove 470 00:26:48,520 --> 00:26:51,639 Speaker 4: people to Haiti, we can't remove people to Nick the Ragua. 471 00:26:52,080 --> 00:26:56,040 Speaker 4: And the question is does the Trump administration have sufficient 472 00:26:56,119 --> 00:27:00,840 Speaker 4: levers to reopen up those countries for removal purposes? And 473 00:27:00,880 --> 00:27:03,440 Speaker 4: that's going to be the real question here. What levers 474 00:27:03,480 --> 00:27:07,360 Speaker 4: can it pull? Will it actually declare war against these countries? 475 00:27:07,840 --> 00:27:11,399 Speaker 4: What will it do to actually force these countries to 476 00:27:11,480 --> 00:27:13,919 Speaker 4: allow our planes to land and to the board people, 477 00:27:14,400 --> 00:27:16,440 Speaker 4: And that's really going to be the question here. 478 00:27:17,080 --> 00:27:20,360 Speaker 1: A lot of questions there, Leon, thanks so much. That's 479 00:27:20,480 --> 00:27:22,240 Speaker 1: Leon Fresco of Holland and Knight. 480 00:27:23,320 --> 00:27:27,160 Speaker 6: Register to vote, okay. 481 00:27:27,400 --> 00:27:31,800 Speaker 7: And get everyone you know and everyone you don't know, 482 00:27:32,880 --> 00:27:37,600 Speaker 7: you drag them to register to vote and is. 483 00:27:37,600 --> 00:27:42,400 Speaker 1: Elon Musk's one million dollar voter giveaway just a disguised 484 00:27:42,440 --> 00:27:45,560 Speaker 1: way of registering voters in swing states. 485 00:27:46,000 --> 00:27:49,360 Speaker 6: Every day from now until the election, We're giving out 486 00:27:49,400 --> 00:27:52,760 Speaker 6: a million dollar prize, that is, and all you have 487 00:27:52,800 --> 00:27:55,480 Speaker 6: to do is sign a petition in support of a constitution. 488 00:27:56,160 --> 00:27:59,600 Speaker 6: It's it's very straightforward. You don't even have to vote. 489 00:27:59,600 --> 00:28:01,560 Speaker 6: You don't have to vote, You just have to sign 490 00:28:01,600 --> 00:28:03,600 Speaker 6: a petition saying you believe in the constitution. 491 00:28:04,200 --> 00:28:07,800 Speaker 1: Musk announced the giveaway in the battleground state of Pennsylvania 492 00:28:07,920 --> 00:28:11,240 Speaker 1: last Saturday, but didn't mention that to be eligible for 493 00:28:11,320 --> 00:28:14,640 Speaker 1: the drawing, you must be a registered voter in one 494 00:28:14,640 --> 00:28:20,439 Speaker 1: of the swing states of Arizona, Michigan, Georgia, Nevada, North Carolina, Pennsylvania, 495 00:28:20,560 --> 00:28:23,960 Speaker 1: or Wisconsin. Now, the Justice Department has sent a letter 496 00:28:24,040 --> 00:28:27,960 Speaker 1: to musk super pac warning that his million dollar giveaway 497 00:28:27,960 --> 00:28:32,639 Speaker 1: to registered voters may violate federal law. Joining me is 498 00:28:32,760 --> 00:28:37,720 Speaker 1: Aaron Klopak, Senior director of campaign Finance at Campaign Legal Center. 499 00:28:38,080 --> 00:28:40,760 Speaker 1: Aaron start by telling us about the law that's an 500 00:28:40,800 --> 00:28:41,480 Speaker 1: issue here. 501 00:28:42,080 --> 00:28:46,640 Speaker 8: Sure, so, there's a federal statue Section one zero three 502 00:28:46,640 --> 00:28:49,200 Speaker 8: to zero seven C of Title fifty two of the 503 00:28:49,400 --> 00:28:54,880 Speaker 8: US Code, and that statue says that payment for registering 504 00:28:55,000 --> 00:28:59,440 Speaker 8: to vote and payments for voting itself are illegal. More specifically, 505 00:28:59,560 --> 00:29:03,760 Speaker 8: it's as whoever knowingly or willfully pays or offers to 506 00:29:03,800 --> 00:29:07,920 Speaker 8: pay or accept payment for registration to vote or voting 507 00:29:08,720 --> 00:29:11,280 Speaker 8: shall be fined not more than ten thousand dollars or 508 00:29:11,320 --> 00:29:14,360 Speaker 8: imprisoned for not more than five years or vote. So 509 00:29:14,440 --> 00:29:18,040 Speaker 8: the law makes it explicitly clear that it is illegal 510 00:29:18,320 --> 00:29:20,880 Speaker 8: to pay people to register to vote. 511 00:29:22,280 --> 00:29:26,719 Speaker 1: Now, in this case, Elon Musk says that you know, 512 00:29:26,760 --> 00:29:30,360 Speaker 1: what he's doing is getting people to sign this petition 513 00:29:30,440 --> 00:29:33,720 Speaker 1: that supports the first and second Amendment. But to sign 514 00:29:33,720 --> 00:29:36,600 Speaker 1: a petition you have to be a registered voter. Is 515 00:29:36,640 --> 00:29:38,400 Speaker 1: that a violation of the federal law? 516 00:29:38,960 --> 00:29:42,640 Speaker 8: I think it. What Musk is doing through this petition 517 00:29:42,960 --> 00:29:46,640 Speaker 8: pretty clearly does violate federal law. And in fact, it's 518 00:29:46,680 --> 00:29:50,480 Speaker 8: been reported that the Department of Justice has actually issued 519 00:29:50,640 --> 00:29:54,920 Speaker 8: a letter to the pack that must have funded to 520 00:29:55,640 --> 00:30:00,360 Speaker 8: warn them that this activity may well be a lot full, 521 00:30:01,080 --> 00:30:03,240 Speaker 8: which is a step the Justice Department may take when 522 00:30:03,400 --> 00:30:07,560 Speaker 8: when there's activity that seems to violate the laws, to 523 00:30:07,560 --> 00:30:10,440 Speaker 8: give the person doing it, you know, an opportunity to 524 00:30:10,880 --> 00:30:15,360 Speaker 8: correct their behavior and basically establish a record that you know, 525 00:30:15,400 --> 00:30:19,280 Speaker 8: there may be real legal issues there. And I think 526 00:30:19,320 --> 00:30:22,680 Speaker 8: what's crucial here, as you noted June, is that this 527 00:30:22,840 --> 00:30:27,719 Speaker 8: particular sort of sweep stake, first of all, is only 528 00:30:28,000 --> 00:30:33,000 Speaker 8: available to people who have registered or are registering to vote. 529 00:30:33,040 --> 00:30:36,240 Speaker 8: I believe that the petition itself includes, you know, a 530 00:30:36,320 --> 00:30:41,760 Speaker 8: link to voter registration site. Initially it had an expiration 531 00:30:41,960 --> 00:30:45,840 Speaker 8: date of October twenty first, which was I think not 532 00:30:46,000 --> 00:30:50,440 Speaker 8: coincidentally the voter registration deadline for Pennsylvania and I think 533 00:30:50,480 --> 00:30:53,800 Speaker 8: Michigan as well. That date has now been extended. But 534 00:30:53,880 --> 00:30:58,000 Speaker 8: again to you know, I think telling state of election 535 00:30:58,160 --> 00:31:01,160 Speaker 8: day and a number of this states that must appears 536 00:31:01,160 --> 00:31:03,960 Speaker 8: to be seeking to get people to register to vote 537 00:31:04,000 --> 00:31:08,240 Speaker 8: in to have registration deadlines that you know, go on 538 00:31:08,320 --> 00:31:11,960 Speaker 8: through election day. So the fact that this sweepstake is 539 00:31:12,040 --> 00:31:16,040 Speaker 8: only available to registered voters, that in fact it provides 540 00:31:16,040 --> 00:31:19,200 Speaker 8: an opportunity for people to get registered so they can participate, 541 00:31:19,680 --> 00:31:22,479 Speaker 8: I think is a pretty taling indication that the purpose 542 00:31:22,520 --> 00:31:28,000 Speaker 8: of this is indeed to persuade and pay people to 543 00:31:28,000 --> 00:31:31,320 Speaker 8: to vote. And frankly, the petition itself doesn't seem to 544 00:31:31,360 --> 00:31:35,480 Speaker 8: have any meaningful effect. You know, it's not a ballot measure, 545 00:31:35,520 --> 00:31:38,400 Speaker 8: it's not some other situation where the petition has some 546 00:31:38,600 --> 00:31:43,360 Speaker 8: independent function. So the petition really seems to be almost 547 00:31:43,360 --> 00:31:46,600 Speaker 8: a pretext to the real purpose here, which is to 548 00:31:46,640 --> 00:31:49,320 Speaker 8: get people to register to vote in swing states. 549 00:31:49,600 --> 00:31:53,640 Speaker 1: The argument from the other side of the case, let's say, 550 00:31:54,160 --> 00:31:58,400 Speaker 1: is that it's not only for people who register now, 551 00:31:58,440 --> 00:32:01,400 Speaker 1: but also for people who are registered in the past. 552 00:32:02,000 --> 00:32:05,840 Speaker 1: So does that make the issue a little fuzzier murkier? 553 00:32:06,080 --> 00:32:08,520 Speaker 8: I don't really think so. I mean, I don't think 554 00:32:08,600 --> 00:32:12,840 Speaker 8: the issue is murky, particularly because the goal appears to 555 00:32:12,880 --> 00:32:15,240 Speaker 8: be to get people to register to vote. And again 556 00:32:15,320 --> 00:32:18,040 Speaker 8: it's being offered as a sweep steak, so you know, 557 00:32:18,280 --> 00:32:22,320 Speaker 8: you may not win it. But the effect of this opportunity, 558 00:32:22,760 --> 00:32:26,680 Speaker 8: you know, seems quite clearly intended to get people to 559 00:32:26,800 --> 00:32:30,640 Speaker 8: register to vote, you know, regardless of who some of 560 00:32:30,640 --> 00:32:34,160 Speaker 8: the recipients are and whether some of them have already 561 00:32:34,720 --> 00:32:36,240 Speaker 8: been registered. 562 00:32:37,040 --> 00:32:42,040 Speaker 1: How unusual is it to have the Justice Department's Public 563 00:32:42,080 --> 00:32:45,640 Speaker 1: Integrity Section send out a letter like that. 564 00:32:46,120 --> 00:32:50,640 Speaker 8: I don't have specific sort of historical data. I do 565 00:32:50,720 --> 00:32:53,760 Speaker 8: believe that there was at least one example in the past. 566 00:32:53,840 --> 00:32:56,920 Speaker 8: I think back in twenty ten, where I think the 567 00:32:57,080 --> 00:33:01,440 Speaker 8: Justice Department sent a similar letter to Been mcman, who 568 00:33:01,520 --> 00:33:05,960 Speaker 8: owned the World Wrestling Entertainment organization, who I believe was 569 00:33:06,040 --> 00:33:11,000 Speaker 8: offering clothing to voters. So, you know, it's certainly not unprecedented, 570 00:33:11,400 --> 00:33:14,520 Speaker 8: and I think just confirms the fact that, you know, 571 00:33:15,160 --> 00:33:17,560 Speaker 8: this clearly raises serious legal issues. 572 00:33:18,080 --> 00:33:21,400 Speaker 1: How often does the Justice Department bring charges with these 573 00:33:21,480 --> 00:33:22,200 Speaker 1: kinds of issues? 574 00:33:22,520 --> 00:33:29,800 Speaker 8: So the Justice Department has criminal jurisdiction over campaign finance violations, 575 00:33:29,920 --> 00:33:33,000 Speaker 8: and we certainly have seen a number of times, particularly 576 00:33:33,200 --> 00:33:37,160 Speaker 8: in recent years, where the Justice Department has stepped in 577 00:33:37,280 --> 00:33:42,400 Speaker 8: to pursue criminal enforcement of campaign finance violations. And I think, 578 00:33:42,520 --> 00:33:45,080 Speaker 8: you know, one reason that's happening is because there's a 579 00:33:45,120 --> 00:33:50,200 Speaker 8: real lack of civil enforcement by the Federal Election Commission, 580 00:33:50,280 --> 00:33:55,000 Speaker 8: which is the independent federal agency that has exclusive jurisdiction 581 00:33:55,200 --> 00:33:57,920 Speaker 8: over civil enforcement of campaign finance laws. 582 00:33:58,480 --> 00:34:01,120 Speaker 1: Do you think it's likely that you'll be prosecuted? 583 00:34:01,960 --> 00:34:05,560 Speaker 8: I think it's too early to speculate about, you know, 584 00:34:05,640 --> 00:34:10,319 Speaker 8: what may happen in this particular situation. And obviously, given 585 00:34:10,360 --> 00:34:12,960 Speaker 8: how close we are to the election, nothing is going 586 00:34:13,040 --> 00:34:15,080 Speaker 8: to happen before then. So you know, I think it's 587 00:34:15,160 --> 00:34:18,200 Speaker 8: quite concerning that this is even happening. 588 00:34:18,480 --> 00:34:21,280 Speaker 1: Also, on the second day of the sweepstakes, the super 589 00:34:21,320 --> 00:34:25,480 Speaker 1: Pack reframed its messaging around the giveaway and describe the 590 00:34:25,520 --> 00:34:28,560 Speaker 1: money as payment for a job, so that these people 591 00:34:28,600 --> 00:34:33,520 Speaker 1: will be spokespeople for America Pack. And subsequently we saw 592 00:34:33,560 --> 00:34:37,920 Speaker 1: that there were some testimonials from the two winners online. 593 00:34:38,239 --> 00:34:40,360 Speaker 1: Does that help Musk's argument? 594 00:34:40,800 --> 00:34:42,719 Speaker 8: What I would say is that, well, I can't kind 595 00:34:42,719 --> 00:34:45,720 Speaker 8: of get into or speculate about all of the ways 596 00:34:45,760 --> 00:34:49,319 Speaker 8: in which the investigation might unfold. I think it's really 597 00:34:49,400 --> 00:34:53,000 Speaker 8: telling that the change happened itself. The foop stakes wasn't 598 00:34:53,040 --> 00:34:55,560 Speaker 8: presented that way in the first place, So it seems like, 599 00:34:56,160 --> 00:34:59,239 Speaker 8: you know, kind of a telling admission that there was 600 00:34:59,280 --> 00:35:02,360 Speaker 8: this effort to reframe what was happening. And you know, 601 00:35:02,440 --> 00:35:04,919 Speaker 8: at the end of the day, the fine print on 602 00:35:05,480 --> 00:35:08,680 Speaker 8: the packs website about the petition didn't seem to change. 603 00:35:08,680 --> 00:35:11,759 Speaker 8: So it doesn't strike me as a particularly effective way 604 00:35:11,880 --> 00:35:15,080 Speaker 8: to render this attempt to pay people to register to 605 00:35:15,160 --> 00:35:16,120 Speaker 8: vote legal. 606 00:35:16,760 --> 00:35:18,480 Speaker 1: Any final thoughts, I. 607 00:35:18,480 --> 00:35:21,040 Speaker 8: Do think it's where it's just sort of putting this 608 00:35:21,120 --> 00:35:26,200 Speaker 8: in a larger context of efforts by Elon Musk, is 609 00:35:26,239 --> 00:35:29,399 Speaker 8: the world's wealthiest person to. 610 00:35:31,239 --> 00:35:31,879 Speaker 4: Use his. 611 00:35:33,960 --> 00:35:39,360 Speaker 8: Vast massive resources to influence the outcome of this election. 612 00:35:39,640 --> 00:35:41,640 Speaker 8: And you know, this seems to be perhaps the most 613 00:35:41,680 --> 00:35:45,719 Speaker 8: egregious example, but it's certainly not the only one. And 614 00:35:45,800 --> 00:35:50,640 Speaker 8: as you know, the source of more than seventy million 615 00:35:50,719 --> 00:35:55,240 Speaker 8: dollars of spending of this super pack that is spending 616 00:35:55,520 --> 00:35:59,400 Speaker 8: large amounts of money to influence this election. There are 617 00:35:59,400 --> 00:36:03,480 Speaker 8: a variety of ways in which must is using his 618 00:36:04,280 --> 00:36:09,240 Speaker 8: outside resources and ability to amplify his voice in ways 619 00:36:09,280 --> 00:36:18,560 Speaker 8: that you know, dramatically, you know, outweigh the voice of ordinary, 620 00:36:19,600 --> 00:36:22,840 Speaker 8: everyday Americans. And you know, another example is that the 621 00:36:22,960 --> 00:36:27,200 Speaker 8: superpack has spent I think as much as eighty million 622 00:36:27,280 --> 00:36:30,920 Speaker 8: dollars on canvassing efforts on behalf of the Trump campaign, 623 00:36:31,320 --> 00:36:36,120 Speaker 8: essentially allowing the campaign to outsource the substantial piece of 624 00:36:36,600 --> 00:36:39,080 Speaker 8: the you know, work that it does to get people 625 00:36:39,239 --> 00:36:42,000 Speaker 8: to go out and vote for them. And that's something 626 00:36:42,040 --> 00:36:45,120 Speaker 8: the Pack is now able to do legally as a 627 00:36:45,160 --> 00:36:48,840 Speaker 8: result of a decision by the Federal Election Commission to 628 00:36:48,840 --> 00:36:52,640 Speaker 8: effectively deregulate the law in a way that's completely contrary 629 00:36:52,719 --> 00:36:56,319 Speaker 8: to what the Supreme Court promised would happen. In the 630 00:36:56,320 --> 00:36:58,200 Speaker 8: citizens United's decision. 631 00:36:58,320 --> 00:37:00,640 Speaker 9: Just explain what the Federal Election Commission is there, So 632 00:37:01,239 --> 00:37:02,919 Speaker 9: taking it set back for a minute and the City 633 00:37:02,960 --> 00:37:06,440 Speaker 9: Business United decision fifteen years ago, the Supreme Court said 634 00:37:06,480 --> 00:37:10,720 Speaker 9: that corporations are basically people and have a right to 635 00:37:10,760 --> 00:37:11,960 Speaker 9: speak through. 636 00:37:11,960 --> 00:37:16,120 Speaker 8: Their pockets by spending unlimited amounts of money to influence elections. 637 00:37:16,120 --> 00:37:20,000 Speaker 8: But an important condition on that decision was that that 638 00:37:20,160 --> 00:37:23,920 Speaker 8: spending would be independent, though not coordinated with the candidates 639 00:37:23,920 --> 00:37:26,319 Speaker 8: that were being supported. And the Court assured us that 640 00:37:26,360 --> 00:37:28,759 Speaker 8: since that spending would be independent, there would be no 641 00:37:28,840 --> 00:37:31,960 Speaker 8: concerns about corruption or the appearance of corruption, or you know, 642 00:37:32,040 --> 00:37:36,600 Speaker 8: any other concerns. And so, you know when the Federal 643 00:37:36,680 --> 00:37:40,960 Speaker 8: Election Commission a few months ago issued a decision saying, well, actually, 644 00:37:41,360 --> 00:37:45,440 Speaker 8: when we talked about coordination, we don't mean efforts to 645 00:37:45,840 --> 00:37:48,239 Speaker 8: go out in canvas and talk to voters face to 646 00:37:48,280 --> 00:37:51,520 Speaker 8: face and even hand out literature. And in the context 647 00:37:51,560 --> 00:37:55,520 Speaker 8: of those types of activities, the Federal Election Commission, whose 648 00:37:55,600 --> 00:37:59,840 Speaker 8: job is to protect voters not donors, said it's perfectly 649 00:38:00,000 --> 00:38:04,759 Speaker 8: buying for groups like superpacks and outside entities to coordinate 650 00:38:04,840 --> 00:38:07,799 Speaker 8: with the candidates that they're supporting on the messages that 651 00:38:07,840 --> 00:38:11,560 Speaker 8: they're delivering face to face to voters and again the 652 00:38:11,600 --> 00:38:15,120 Speaker 8: literature they're handing out, and so the consequence of that 653 00:38:15,400 --> 00:38:18,480 Speaker 8: is now super packed like Elon Musk's pack, and other 654 00:38:18,560 --> 00:38:23,360 Speaker 8: outside groups can spend unlimited amounts of money that dates 655 00:38:23,600 --> 00:38:27,520 Speaker 8: as a result of fundraising from people who can donate 656 00:38:27,640 --> 00:38:31,319 Speaker 8: unlimited amounts of money to them to carry out the 657 00:38:31,440 --> 00:38:34,680 Speaker 8: messages that are approved by the candidates that they're supporting 658 00:38:34,760 --> 00:38:39,920 Speaker 8: and basically allow the candidates to offload all of the 659 00:38:39,960 --> 00:38:44,280 Speaker 8: expenses associated with those kinds of activities to these outside 660 00:38:44,280 --> 00:38:47,760 Speaker 8: groups that are not subjects to contribution limits that apply 661 00:38:47,920 --> 00:38:51,399 Speaker 8: to candidates and their campaigns or to parties. And this 662 00:38:51,480 --> 00:38:55,400 Speaker 8: is a giant loophole in the rules about coordination, and 663 00:38:55,440 --> 00:38:58,360 Speaker 8: like I said, completely contrary to what the Supreme Court 664 00:38:58,480 --> 00:39:01,000 Speaker 8: said would happen. That has been united. 665 00:39:01,640 --> 00:39:05,920 Speaker 1: Thanks Erin. That's Aaron Colpak, senior director of Campaign Finance 666 00:39:05,960 --> 00:39:09,560 Speaker 1: at the Campaign Legal Center. Coming up next, the prosecutor 667 00:39:09,600 --> 00:39:14,279 Speaker 1: recommends resentencing the Menandez brothers. This is Bloomberg and that's 668 00:39:14,320 --> 00:39:17,280 Speaker 1: it for this edition of the Bloomberg Law Podcast. Remember 669 00:39:17,320 --> 00:39:20,040 Speaker 1: you can always get the latest legal news by subscribing 670 00:39:20,080 --> 00:39:23,520 Speaker 1: and listening to the show on Apple podcasts, Spotify and 671 00:39:23,640 --> 00:39:27,640 Speaker 1: at Bloomberg dot Com Slash podcast, slash Law. I'm June 672 00:39:27,640 --> 00:39:29,799 Speaker 1: Grosso and this is Bloomberg