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Mark interviews Fox News legal analyst Gregg Jarrett. · The Mark Simone Show

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  Speaker 1: We're listening to. Well, here's the best legal analyst on earth,
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  Speaker 1: Greg Jarrett. And make sure you get his books The
• 0:11
  Speaker 1: Constitution and Other Patriotic Documents, Great Book and Trial of
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  Speaker 1: the Century. All of his books. Greg Jarrett's books are
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  Speaker 1: on Amazon. Of course, you can see them all over
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  Speaker 1: Fox News and his columns at foxnews dot com. Greg Jarrett,
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  Speaker 1: how you doing.
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  Speaker 2: Of hi, Mark? Thanks for having me on.
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  Speaker 1: Where do we even start? Minnesota? You know, the police
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  Speaker 1: refuse to maintain order there, keep the protesters separate from
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  Speaker 1: the cops. But the president, if he wanted to, could
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  Speaker 1: actually send him the military to do that, couldn't he?
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  Speaker 2: Oh? Absolutely he could. And in fact Justice Kavanaugh in
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  Speaker 2: a recent opinion pointed that out that the president has
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  Speaker 2: Article two authority that's inherent and has other statutes, and
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  Speaker 2: he surely meant the Insurrection Act to send in troops
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  Speaker 2: to Minneapolis, stop the attacks on federal agents, the attacks
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  Speaker 2: on federal property. And throughout history we have seen fifteen
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  Speaker 2: presidents invoke the Insurrection Act under similar circumstances. The president
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  Speaker 2: has the power. I did write in a recent column
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  Speaker 2: explaining the president's power that Minnesota may not be quite
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  Speaker 2: near the standard for riots and destruction that would justify
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  Speaker 2: such a move. You know, calling in federal troops could
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  Speaker 2: incite more protests, and you know, having the power to
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  Speaker 2: act is always tempting, but wisdom is often found in restraint,
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  Speaker 2: and I think the President has exercise that he's attempting
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  Speaker 2: to defuse the situation there. He's made some changes in
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  Speaker 2: the leadership on sight in Minnesota and pulling back some
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  Speaker 2: of the ICE and Border Patrol personnel, mostly because you know,
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  Speaker 2: they've accomplished a lot of what they intended to do there,
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  Speaker 2: so you know, sort of time to move on. But
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  Speaker 2: you know, as far as all of the violence that
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  Speaker 2: has taken place there, Tim Wall, the governor, Jacob Fry,
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  Speaker 2: the mayor, they bear blame. I mean, they embraced sanctuary
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  Speaker 2: status for criminal aliens, they refuse to cooperate with ICE.
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  Speaker 2: Then they publicly in front of cameras, gin up the
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  Speaker 2: street rage against federal law enforcement, and that only fueled
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  Speaker 2: the agitators and the anarchists to harass and impede and
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  Speaker 2: even get into fire with ICE agents. I mean, what
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  Speaker 2: did the mayor and governor think was going to happen? Inevitably?
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  Speaker 2: You know, somebody armed was going to show up and
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  Speaker 2: bloodshed would ensue.
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  Speaker 1: Are these even protesters? The protesters the guy standing over
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  Speaker 1: there with a sign yelling. But when you physically try
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  Speaker 1: to stop law enforcement operation, where you physically go into
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  Speaker 1: a church and try to interrupt the service, that's no
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  Speaker 1: longer protesting. That's beyond protesting.
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  Speaker 2: Yeah, obviously. And you know, look, it's always a terrible
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  Speaker 2: idea to show up at a law enforcement operation and
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  Speaker 2: blowing whistles and harassing with a gun stuffed in your
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  Speaker 2: waist belt, and then you know, actively injecting yourself by
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  Speaker 2: interfering with the officers, resisting arrest, trying to you know,
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  Speaker 2: subdue another protester, I mean, getting into a physical fight
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  Speaker 2: with agents. Bad idea. When you do that, terrible things
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  Speaker 2: can happen. Because it's a crime to obstruct officers who
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  Speaker 2: are doing their jobs.
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  Speaker 1: That's an important point. If you pull your car in
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  Speaker 1: the middle of the street and block them from moving,
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  Speaker 1: or if they're trying to do something and you try
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  Speaker 1: to stop the operation, that is actually a crime, right there, isn't.
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  Speaker 2: It, Yeah, it absolutely is. You're obstructing justice, obstructing law enforcement.
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  Speaker 2: You are arguably engaging in an assault and battery of
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  Speaker 2: a law enforcement official. It's a variety of crimes. And
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  Speaker 2: you know, Mark, you bring up the church protest. Yeah,
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  Speaker 2: you know, the right to protest does not extend to
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  Speaker 2: private property, and it certainly does not extend to churches.
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  Speaker 2: They are protected spaces by law. So the mob that
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  Speaker 2: stormed the church and terrorized and tormented the congregation, they
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  Speaker 2: can and should be prosecuted for a variety of crimes,
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  Speaker 2: including trustpath disorderly conduct, but most importantly violating what's known
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  Speaker 2: as the Face Act. It is a civil rights law
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  Speaker 2: that strictly protects houses of worship from threats and intimidation
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  Speaker 2: here against Christians. And you know, Don Lemon could also
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  Speaker 2: be prosecuted as a willing participant. He embedded himself with
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  Speaker 2: the mob, knowing full well that they intended to commit
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  Speaker 2: crimes by invading the church. And you know, just calling
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  Speaker 2: yourself a journalist is not a defense and the First
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  Speaker 2: Amendment is not a shield from criminal charges.
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  Speaker 1: Now, some of the protesters argue the church is open
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  Speaker 1: to the public. Anybody's allowed to come in, but you're
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  Speaker 1: not allowed to distup it or stop the service.
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  Speaker 2: That is correct, And you know it's private property. They
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  Speaker 2: have their rules worshipers are welcome, but these were not worshipers.
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  Speaker 2: This was a mob who you know, decided to trespass
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  Speaker 2: out of that property, hault the service of people worshiping.
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  Speaker 2: And that's, as I say, a violation of the Face
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  Speaker 2: Act and a companion statute eighteen USC. Two forty seven
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  Speaker 2: in the Criminal Code.
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  Speaker 1: Hey, when guys like you say, you know it's about
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  Speaker 1: law eighteen c. Two seventy four, how do you guys
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  Speaker 1: remember that? How do you remember all these numbers? That's
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  Speaker 1: an incredible feat.
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  Speaker 2: Oh, I don't know. You learn some of it in
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  Speaker 2: law school, others in the practice of law. But you
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  Speaker 2: know here, I knew there was a law, and when
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  Speaker 2: it happened, I you know, looked it up and it's
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  Speaker 2: right there in plain English.
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  Speaker 1: Well, you know, there's some people in the President's ear
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  Speaker 1: now telling them pull out them Innesota. Just announce, just
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  Speaker 1: call their bluffs that we're leaving Minnesota. We're pulling out completely.
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  Speaker 1: You can have all your illegals. Let's see how this
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  Speaker 1: works out for you. But that's not a good idea,
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  Speaker 1: is it would just encourage the rioters.
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  Speaker 2: Well, rioters and protesters don't get veto power over federal law. Enforcement,
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  Speaker 2: and neither do states. So the question becomes, have we
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  Speaker 2: done enough? And I don't know what the percentage is,
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  Speaker 2: but it's somewhere around seventy percent of their objectives have
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  Speaker 2: been accomplished, so it's time to scale back, and that's reasonable.
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  Speaker 2: They did that in Los Angeles. They had achieved what
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  Speaker 2: they wanted to achieve for the most part, so they
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  Speaker 2: reduced their operations and their personnel. Makes perfect sense.
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  Speaker 1: Hey, now the federal government, their law enforcement, their troops.
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  Speaker 1: They're legally entitled to inter a city and do whatever
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  Speaker 1: they have to do. Correct the federal law overtakes the
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  Speaker 1: local law.
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  Speaker 2: Yeah, absolutely, it's the supremacy clause. And you know federal
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  Speaker 2: law supersedes state law whenever there is a conflict. So
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  Speaker 2: you know, for example, the state has hauled off and
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  Speaker 2: you know, file a lawsuit to evict all Ice from Minnesota. Well,
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  Speaker 2: you know, they're idiots if they think the law supports that,
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  Speaker 2: because it doesn't. As I said before, you know, states
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  Speaker 2: don't get to dictate what the federal government does in
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  Speaker 2: terms of law enforcement. The supremacy clause of the Constitution
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  Speaker 2: makes that abundantly clear, and the US Supreme Court has
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  Speaker 2: consistently upheld the supremacy clause and the right of federal authority.
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  Speaker 1: Yeah, well, Gregg Jared, great stuff mcginny's books. By the way,
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  Speaker 1: I love Trial of the Century. It's one of the
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  Speaker 1: best books. And the latest book is the content to
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  Speaker 1: other patriotic documents. Are you working on a new book?
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  Speaker 2: No, I'm taking a break. Palell writing books. Who's an
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  Speaker 2: onerous process. And I deserve a break after four books.
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  Speaker 1: I know, but we deserve another book. They're all great books.
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  Speaker 1: And just go to Amazon. Thank you.
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  Speaker 2: I appreciate it.
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  Speaker 1: You get Greg Jarrett's books and read his columns, and
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  Speaker 1: of course Foxnews and foxnews dot Com. Great stuff, Greg Jarrett,
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  Speaker 1: thanks for being with us. My pleasure. Mark, Take care,
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  Speaker 1: take care. It is a very tough thing to write
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  Speaker 1: a book. I've been trying to do it for years.
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  Speaker 1: I think I got so far half a page. It's
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  Speaker 1: really and I don't know how anybody does it. I
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  Speaker 1: know got people that are best selling authors. This is
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  Speaker 1: what they do all day, but they somehow are able
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  Speaker 1: to lock themselves in a room for like six hours
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  Speaker 1: a day, sitting there at the keyboard, hour after hour
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  Speaker 1: after hour. Anyway, we got a lot coming up in
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  Speaker 1: the next hour. We'll get to Hey, it's a it's
• 9:59
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• 10:02
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• 10:05
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• 10:17
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• 10:20
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