1 00:00:00,080 --> 00:00:03,080 Speaker 1: Now a time for our daily Bloomberg Law Brief, exploring 2 00:00:03,200 --> 00:00:05,559 Speaker 1: legal issues in the news, and the Law Brief is 3 00:00:05,600 --> 00:00:10,360 Speaker 1: brought to you by American Arbitration Association. Business disputes are inevitable, 4 00:00:10,440 --> 00:00:14,680 Speaker 1: resolve faster with the American Arbitration Association, the global leader 5 00:00:14,680 --> 00:00:18,720 Speaker 1: in alternative dispute resolution for over ninety years. More at 6 00:00:18,760 --> 00:00:22,320 Speaker 1: a d R dot org. Today Bloomberg LA hosts Gregg's 7 00:00:22,320 --> 00:00:24,880 Speaker 1: Store and Michael Best discussed the latest developments in the 8 00:00:24,960 --> 00:00:28,800 Speaker 1: legal battle over President Donald Trump's executive order on immigration. 9 00:00:29,120 --> 00:00:32,040 Speaker 1: They speak with Leon Fresco, partner at Holland and Night 10 00:00:32,320 --> 00:00:35,440 Speaker 1: and Deputy Assistant Attorney General from the Office of Immigration 11 00:00:35,479 --> 00:00:39,000 Speaker 1: Litigation at the U. S. Department of Justice, and James Copeland, 12 00:00:39,080 --> 00:00:43,080 Speaker 1: Senior Fellow and Director of Legal Policy at the Manhattan Institute. 13 00:00:43,720 --> 00:00:47,280 Speaker 1: A couple of different statutes, one from nineteen I think 14 00:00:47,320 --> 00:00:50,720 Speaker 1: fifty two says that the president has broad power to 15 00:00:50,800 --> 00:00:53,479 Speaker 1: exclude any class of alien from the country, and then 16 00:00:53,520 --> 00:00:57,040 Speaker 1: there's another one a few decades later that says the 17 00:00:57,080 --> 00:01:01,000 Speaker 1: president can't discriminate on various bases, including national origin, when 18 00:01:01,040 --> 00:01:04,200 Speaker 1: it comes to giving out visas. Can you sort of 19 00:01:04,200 --> 00:01:07,000 Speaker 1: clarify how those two statutes work together. I think the 20 00:01:07,000 --> 00:01:09,959 Speaker 1: courts are likely to read these as as not particularly 21 00:01:09,959 --> 00:01:12,440 Speaker 1: in conflict. In other words, as long as I mean, 22 00:01:12,520 --> 00:01:14,760 Speaker 1: I think if the President of the United States were 23 00:01:14,800 --> 00:01:18,959 Speaker 1: to engage in sort of a permanent restructuring of of 24 00:01:19,200 --> 00:01:22,160 Speaker 1: the visa allocation process that was in contravention of the 25 00:01:22,200 --> 00:01:25,840 Speaker 1: Congressional Statute, didn't have a problem. But when it comes 26 00:01:25,840 --> 00:01:29,480 Speaker 1: to that sort of temporary denial of admission for a 27 00:01:29,600 --> 00:01:32,880 Speaker 1: class of aliens, which is specifically authorized in another section 28 00:01:32,920 --> 00:01:36,080 Speaker 1: of the Code, I mean, I think the president putting 29 00:01:36,080 --> 00:01:38,320 Speaker 1: those constitutional arguments to the side, or any sort of 30 00:01:38,360 --> 00:01:41,320 Speaker 1: contractual or do process claims. Uh, you know, I think 31 00:01:41,360 --> 00:01:43,440 Speaker 1: when it comes to us a conflict of laws type 32 00:01:43,480 --> 00:01:45,959 Speaker 1: of question between these two provisions of the Code, the 33 00:01:46,000 --> 00:01:49,960 Speaker 1: presidents on pretty strong ground there. Jim, how quickly would 34 00:01:49,960 --> 00:01:52,280 Speaker 1: we expect that this could get to the Supreme Court? 35 00:01:52,560 --> 00:01:55,400 Speaker 1: My guess is it could be quite quick. Uh. And 36 00:01:55,600 --> 00:01:59,160 Speaker 1: the reason is, uh, this is it is obviously going 37 00:01:59,200 --> 00:02:02,920 Speaker 1: to be a very button issue. So, um, what what 38 00:02:02,960 --> 00:02:07,840 Speaker 1: the Trump administration would I presumeably do immediately were they 39 00:02:08,000 --> 00:02:10,799 Speaker 1: to lose? To lose at the Ninth Circuit is trying 40 00:02:10,840 --> 00:02:13,880 Speaker 1: to get some sort of emergency action by the Supreme Court. Now, 41 00:02:13,919 --> 00:02:16,360 Speaker 1: would the Supreme Court be likely to do that? As 42 00:02:16,400 --> 00:02:19,160 Speaker 1: a very different question. Um, but but but my guess 43 00:02:19,200 --> 00:02:21,680 Speaker 1: is there'd be quite a quick move on it. I mean, 44 00:02:22,080 --> 00:02:25,600 Speaker 1: these are all very sorts of quick moves. Normally, courts 45 00:02:25,600 --> 00:02:29,880 Speaker 1: take a long time to decide things, right, but when 46 00:02:29,880 --> 00:02:31,359 Speaker 1: you have something like at t r O, which is 47 00:02:31,360 --> 00:02:34,760 Speaker 1: an ex party type of of a move like this 48 00:02:35,000 --> 00:02:38,360 Speaker 1: before you've had any sort of briefing, etcetera, you know, 49 00:02:38,400 --> 00:02:41,080 Speaker 1: things can move very quickly. And with the Ninth Circuit 50 00:02:41,160 --> 00:02:43,600 Speaker 1: panel that drew this case was trying to do was 51 00:02:44,720 --> 00:02:48,120 Speaker 1: look at this and uh, they wanted to see briefing 52 00:02:48,160 --> 00:02:50,239 Speaker 1: before they made a call one way or the other. Here, 53 00:02:50,280 --> 00:02:52,120 Speaker 1: my guess is the Supreme Court might do the same thing. 54 00:02:52,160 --> 00:02:55,680 Speaker 1: But we see very quick action on either side with 55 00:02:55,760 --> 00:02:59,519 Speaker 1: an adverse ruling. Les Leon Fresco, a partner at Holland 56 00:02:59,560 --> 00:03:02,280 Speaker 1: and Night, Deputy Assistant Attorney General for the Office of 57 00:03:02,320 --> 00:03:05,880 Speaker 1: Immigration Litigation at the U. S Department of Justice Civil Division, 58 00:03:06,320 --> 00:03:09,720 Speaker 1: and James Copeland, Senior Fellow and Director of Legal Policy 59 00:03:09,760 --> 00:03:13,239 Speaker 1: at the Manhattan Institute, speaking at Bloomberg Law hosts Michael 60 00:03:13,240 --> 00:03:15,680 Speaker 1: Best and Greg Sture. You can listen to Bloomberg Law 61 00:03:15,680 --> 00:03:18,880 Speaker 1: weekdays at one pm Wall Street Time here on Bloomberg 62 00:03:18,960 --> 00:03:22,160 Speaker 1: Radio Now. Among the top legal stories from Bloomberg Law, 63 00:03:22,240 --> 00:03:26,560 Speaker 1: lawsuits overtaking liberties with Hamilton's investors who say they lost 64 00:03:26,600 --> 00:03:28,840 Speaker 1: one and a half million dollars in a scam involving 65 00:03:28,880 --> 00:03:32,320 Speaker 1: the resale of tickets to the Broadway Blockbuster. Hamilton's have 66 00:03:32,480 --> 00:03:35,280 Speaker 1: sued an advisory firm that pushed them into the venture. 67 00:03:35,600 --> 00:03:38,720 Speaker 1: The suit claims at Tripoint Global Equities and Tripoint Capital 68 00:03:38,760 --> 00:03:41,720 Speaker 1: Advisors didn't investigate the ticket preselling plan or they would 69 00:03:41,720 --> 00:03:44,280 Speaker 1: have seen the red flags. Three people have been charged 70 00:03:44,280 --> 00:03:47,200 Speaker 1: with running the Hamilton ticket business as a Ponzi scheme. 71 00:03:47,680 --> 00:03:50,120 Speaker 1: And that's his morning's Bloomberg Law Brief. You can find 72 00:03:50,120 --> 00:03:53,119 Speaker 1: more legal news at Bloomberg Law dot com and Bloomberg 73 00:03:53,200 --> 00:03:56,680 Speaker 1: b NA dot com. Attorneys will find exceptional legal research 74 00:03:56,720 --> 00:04:00,520 Speaker 1: and business development tools there as well. Visit Bloomberg Law 75 00:04:00,600 --> 00:04:04,119 Speaker 1: dot com and Bloomberg b NA dot com for more 76 00:04:04,200 --> 00:04:04,880 Speaker 1: information