Latest / Bloomberg Law / Trump Sued on Day 1 & TikTok Reprieve
Transcript
- 0:02Speaker 1: This is Bloomberg Law with June Grosseol from Bloomberg Radio.
- 0:13Speaker 2: This is a proclamation guaranteeing the state's protection against invasion
- 0:17Speaker 2: based on the current crisis of the Southern border. It
- 0:20Speaker 2: invokes various executive powers relating to the ongoing invasion at
- 0:23Speaker 2: the southern border.
- 0:25Speaker 3: Prominent and President Donald Trump's executive orders, signed hours after
- 0:30Speaker 3: taking office, were a flood of actions on immigration, from
- 0:34Speaker 3: declaring a national emergency at the southern border and barring asylum,
- 0:39Speaker 3: to cracking down on undocumented immigrants already in the country
- 0:44Speaker 3: and cutting off birthright citizenship, a right enshrined in the Constitution.
- 0:50Speaker 3: Before the ink was barely dry on the order ending
- 0:53Speaker 3: birthright citizenship, the first lawsuits against the administration were filed
- 0:58Speaker 3: by Democratic led state and immigration advocates.
- 1:03Speaker 1: I have one message for President Trump.
- 1:05Speaker 4: I'll see you in court.
- 1:06Speaker 3: Joining me is an expert in immigration law, Leon Fresco. Leon.
- 1:11Speaker 3: He declared a national emergency at the southern border, and
- 1:14Speaker 3: he wants to send troops down there. What are the
- 1:17Speaker 3: parameters for using the military within the country.
- 1:21Speaker 1: So this has always been an area of considerable legal debate.
- 1:26Speaker 1: There is no doubt of any kind that troops can
- 1:29Speaker 1: be sent there for a observation capacity in terms of
- 1:34Speaker 1: pointing out to domestic law enforcement officials, Hey there's someone
- 1:38Speaker 1: we've observed crossing, go apprehend them. Now. As to whether
- 1:43Speaker 1: the troops have actual apprehension authority, this is always debated
- 1:48Speaker 1: under posse comitatus, where the issue is whether you could
- 1:52Speaker 1: have the military enforce domestic law inside the border of
- 1:56Speaker 1: the United States. President Trump and his administration are trying
- 1:59Speaker 1: to say, what we're trying to do is prevent an invasion.
- 2:02Speaker 1: We're not trying to actually enforce domestic law. We're trying
- 2:06Speaker 1: to prevent people from invading US, and so that issue
- 2:11Speaker 1: will be one of first impression if you actually want
- 2:13Speaker 1: to litigate this issue whether military people should actually be
- 2:18Speaker 1: the individuals making arrests at the border. I don't think
- 2:23Speaker 1: they're necessary given how few people are crossing at the moment,
- 2:27Speaker 1: So it would be more of an intimidation factor just
- 2:31Speaker 1: to have the people there. And certainly they can have
- 2:34Speaker 1: the people there to create that intimidation factor, but whether
- 2:38Speaker 1: they actually can be the ones who conduct the arrest,
- 2:42Speaker 1: that's the open legal question.
- 2:45Speaker 3: Does national guards fit under.
- 2:46Speaker 1: The National Guarden has the same problem as the actual military,
- 2:51Speaker 1: and so National Guard always gets sent to the border.
- 2:54Speaker 1: And then what happens is they get sent there, they
- 2:57Speaker 1: hold their guns, they create an intimidation factor, they point
- 3:01Speaker 1: people out to be arrested by this CBP and I
- 3:06Speaker 1: but they don't actually conduct any immigration law enforcement. And
- 3:10Speaker 1: that's been the way that has been settled for quite
- 3:14Speaker 1: a bit of time. But the question is what would
- 3:17Speaker 1: happen now subsequently if they actually want to have this
- 3:20Speaker 1: debate about, well, what we want the military to do
- 3:24Speaker 1: is actually to repel an invasion, what are we permitted
- 3:28Speaker 1: to do? And I mean, in that world you could
- 3:30Speaker 1: shoot at people trying to come across the border, because
- 3:33Speaker 1: if you actually think they're invading you, well that you're right.
- 3:37Speaker 1: But I mean, that's the question the court they're going
- 3:40Speaker 1: to have to grapple with. At that point.
- 3:42Speaker 3: Let's turn to the issue of asylum and refugees. So
- 3:46Speaker 3: he signed a proclamation to end the asylum process. Is
- 3:50Speaker 3: that within his purview to end the asylum process?
- 3:54Speaker 1: So this has been the issue that's been in litigation
- 3:57Speaker 1: since the first Trump administration and then the Biden administration
- 4:01Speaker 1: reversed the first Trump's administration's attempt to ban asylum, and
- 4:07Speaker 1: then near the end of the Biden administration, the Biden
- 4:09Speaker 1: administration attempted to ban asylum, albeit with two caveats that
- 4:15Speaker 1: were supposed to distinguish it from the Trump administration. The
- 4:18Speaker 1: first one is something that was eliminated yesterday which was
- 4:22Speaker 1: a very big deal, called the CBP one app. And
- 4:25Speaker 1: so what is the CBP one app. I think this
- 4:28Speaker 1: is something I've heard a lot about on TV and
- 4:31Speaker 1: on other podcasts where people misunderstand what's going on. The
- 4:35Speaker 1: CBP one app is an app that all it's doing
- 4:38Speaker 1: is is organizing in a coordinated manner, the process by
- 4:43Speaker 1: which foreign nationals appear at ports of entry along the
- 4:47Speaker 1: southern border to ask for asylum. So I've heard people say, oh, no,
- 4:51Speaker 1: this is just ending illegal asylum or whatever else. No, no, no,
- 4:56Speaker 1: this is ending the actual thing that people are saying
- 4:59Speaker 1: that you can still theoretically do, which is go to
- 5:02Speaker 1: the port of entry and ask for asylum. So the
- 5:05Speaker 1: whole point of the CBP one app is instead of
- 5:07Speaker 1: having people just show up there willy nilly and create chaos,
- 5:11Speaker 1: give people an appointment and have them show up in
- 5:14Speaker 1: a coordinated fashion. Well, that was ended, and so that
- 5:17Speaker 1: was going to be a main defense to we don't
- 5:19Speaker 1: have an asylum ban. What we have is a coordinated
- 5:22Speaker 1: system where you can ask for asylum at the ports
- 5:25Speaker 1: of entry. No, we don't. That's gone, and so now
- 5:28Speaker 1: the question is can you actually have an asylum ban?
- 5:32Speaker 1: And we're back to this issue that we've spoken about
- 5:34Speaker 1: in prior podcast, which is this is an issue in
- 5:38Speaker 1: which there is tension between two different statutes. One statue
- 5:43Speaker 1: says you cannot have an asylum ban. It's the actual
- 5:45Speaker 1: asylum statute, which says that you're allowed to apply for
- 5:48Speaker 1: asylum no matter how you entered the country. And then
- 5:51Speaker 1: there's another statue which gives discretion to limit the factors
- 5:57Speaker 1: of which one can obtain asylum. And so the question is, yes,
- 6:02Speaker 1: but can one of those factors that are a discretionary
- 6:05Speaker 1: factor be illegal crossing when there's another statue that specifically
- 6:09Speaker 1: says you can apply for asylum even if there's an
- 6:12Speaker 1: illegal crossing. And so those are the two statutes that
- 6:16Speaker 1: are intentioned, and we need to get to the Supreme
- 6:18Speaker 1: Court to figure out which statute wins. We certainly can
- 6:22Speaker 1: have a scenario where, for instance, you put in a
- 6:25Speaker 1: discretionary factor where you say, oh, we're denying anyone asylum
- 6:30Speaker 1: who's ever participated with the trend to agua gang in Venezuela.
- 6:35Speaker 1: That's fine, you can do that. That certainly makes sense,
- 6:38Speaker 1: and I don't think any court would overturn that. But
- 6:41Speaker 1: can you have a wholesale asylum ban as a discretionary
- 6:44Speaker 1: factor for crossing. I don't think that's going to be permitted,
- 6:49Speaker 1: because then what's the whole point of the other statute,
- 6:52Speaker 1: which says that you can apply for asylum regardless of
- 6:55Speaker 1: if you crossed illegally. But I don't know. I think
- 6:57Speaker 1: this is going to be a close call in the
- 6:59Speaker 1: Supreme Court five four either way, and we'll have to see.
- 7:03Speaker 3: An immigration advocacy group took legal action against the move
- 7:07Speaker 3: to end the CBP one app filing a motion for
- 7:11Speaker 3: emergency status in DC District Court, and the lawyer representing
- 7:15Speaker 3: the ACLU Legal Learned said, whether or not Trump enac's
- 7:19Speaker 3: additional border policies, the termination of the CBP one appointment
- 7:24Speaker 3: process means there is now no way for anyone to
- 7:27Speaker 3: seek asylum at the border, even for families.
- 7:31Speaker 4: Correct.
- 7:32Speaker 1: So this was the case. The one in DC was
- 7:35Speaker 1: the case where the Biden asylum restriction verb being challenged
- 7:39Speaker 1: because what happened was they had to challenge it in
- 7:42Speaker 1: DC based upon a previous Supreme Court ruling that happened
- 7:46Speaker 1: in the Biden administration, which said, if you want to
- 7:49Speaker 1: challenge these things, there's no nationwide injunctions that you can
- 7:53Speaker 1: get in a specific case like this. You have to go,
- 7:57Speaker 1: you know, district by district, and you have to this
- 8:00Speaker 1: specific statutory authority. So they had to go to DC
- 8:03Speaker 1: because there's an actual statue which talks about when you're
- 8:06Speaker 1: doing this kind of asylum ban in what's called the
- 8:10Speaker 1: expedited removal process, you have to challenge anything in that
- 8:14Speaker 1: process in DC. So they went to DC, and the
- 8:17Speaker 1: Biden administration they've gone for a full summary judgment, not
- 8:21Speaker 1: an injunction, because there's some question about whether a court
- 8:25Speaker 1: can issue an injunction. So they said, forget about that,
- 8:27Speaker 1: let's just ask for some rejudgment saying that the Biden
- 8:31Speaker 1: asylum regulations were illegal. That was about to be decided,
- 8:35Speaker 1: But now we have the Trump asylum regulations, which are
- 8:38Speaker 1: even more stringent than the Biden asylum regulations, or rather
- 8:43Speaker 1: executive orders is what they both are. And so in
- 8:46Speaker 1: this situation, what the ACLU is saying is you have
- 8:49Speaker 1: to take whatever you were going to do under Biden,
- 8:51Speaker 1: which we thought was illegal, and add the Trump parts
- 8:55Speaker 1: which were taking away the mitigating defenses of what Biden
- 8:59Speaker 1: was saying. Because what Biden was saying is, yes, we
- 9:01Speaker 1: have asylum, but it has to be at the port
- 9:04Speaker 1: of entry, organized under CBP one, and we should be
- 9:07Speaker 1: allowed to do that, but we should be allowed to
- 9:09Speaker 1: have an organized process where people ask for asylum. But
- 9:12Speaker 1: if you actually take away the organized process part and
- 9:16Speaker 1: you have no process, it appears to me that it
- 9:18Speaker 1: would be easier for the acl YOU to win the litigation.
- 9:21Speaker 1: But we'll have to wait and see.
- 9:23Speaker 3: Let's talk about deportations. In his speech, he said, we'll
- 9:26Speaker 3: begin the process of returning millions and millions of criminal
- 9:29Speaker 3: aliens back to the places from which they came. And
- 9:34Speaker 3: when he was signing orders in the Oval office, they
- 9:37Speaker 3: asked him about whether there would be raids and he said,
- 9:39Speaker 3: there have to be raids. I'm not telling you when,
- 9:42Speaker 3: but there have to be. I mean, what does he
- 9:43Speaker 3: intend as far as deportations.
- 9:46Speaker 1: Well, in terms of the actual operations, we're still not
- 9:50Speaker 1: at the point where you're seeing those on X or
- 9:53Speaker 1: Twitter or blue Sky or whatever. We're not at that
- 9:56Speaker 1: point yet, but what we are going to likely see
- 10:00Speaker 1: are operations where there are known individuals who already have
- 10:04Speaker 1: final orders of removal or who already have basically criminal
- 10:09Speaker 1: convictions that allow them to have a very quick order
- 10:13Speaker 1: of removal. We know about the criminal conviction, we hadn't
- 10:15Speaker 1: put them through the immigration process. Those people, there's going
- 10:19Speaker 1: to be some home operations, but actually what you're going
- 10:23Speaker 1: to see more of is operations in places like workplaces
- 10:27Speaker 1: and other public places, so that it creates a larger
- 10:31Speaker 1: ripple effect of people getting worried about where can I
- 10:34Speaker 1: go and not be subject to an operation, And the
- 10:37Speaker 1: idea is that that would encourage people to self support
- 10:40Speaker 1: because they would be nervous that they might be subject
- 10:42Speaker 1: to an operation. But those operations, in order to make
- 10:46Speaker 1: sure it's not just people you're holding and you're not
- 10:49Speaker 1: going to be able to remove, are limited still to
- 10:52Speaker 1: people with criminal convictions or prior orders of removal, and
- 10:55Speaker 1: so that's where people have to understand that I see
- 11:00Speaker 1: operating under some constraints there.
- 11:02Speaker 3: He's expected to give new authority to the Immigration Customs
- 11:07Speaker 3: Enforcement and Customs and Border Protection officers to carry out deportations.
- 11:13Speaker 1: Yes, So here's what that is. So there is a
- 11:15Speaker 1: statute called the expedited Removal Statue which says that if
- 11:19Speaker 1: you are within one hundred miles of the US border,
- 11:24Speaker 1: which believe it or not, actually covers a very large
- 11:26Speaker 1: portion of the country because that's any border, any water border,
- 11:31Speaker 1: any land border, So the northern border, the western Ocean,
- 11:35Speaker 1: the Eastern Ocean, the southern Ocean. You take one hundred
- 11:39Speaker 1: miles in any direction and you're within the area where
- 11:41Speaker 1: you could be subject to expedite of removal. And so
- 11:44Speaker 1: if you are within one hundred miles of any border,
- 11:47Speaker 1: plus you've been here less than two years, then the
- 11:51Speaker 1: government doesn't need to take you through the normal removal
- 11:54Speaker 1: process where there's a hearing, and that hearing is six
- 11:57Speaker 1: years from now. Because there's a million persons backlog at
- 12:00Speaker 1: immigration court, they can just literally give you an order,
- 12:03Speaker 1: put you on the plane, and take you out unless
- 12:06Speaker 1: you say that you need asylum, and then you have
- 12:09Speaker 1: to have a credible fear that you establish and if not,
- 12:11Speaker 1: they can take you out. Now, the Biden administration and
- 12:15Speaker 1: other administrations have limited that authority to fourteen days as
- 12:19Speaker 1: opposed to two years. They self limited that because what
- 12:22Speaker 1: they're trying to say is, look, we're trying to limit
- 12:24Speaker 1: this to people we literally see coming across the border,
- 12:28Speaker 1: because how will we know if someone's been here two
- 12:31Speaker 1: years or not. That's going to create a lot of
- 12:32Speaker 1: litigation that's going to create problems. If we can actually show, hey,
- 12:37Speaker 1: Agent Smith observed this person coming across, then that's one thing.
- 12:42Speaker 1: But if we can't actually do that, then how do
- 12:45Speaker 1: we know they haven't been here two years? And that's
- 12:47Speaker 1: where you start having this very problematic situation where you
- 12:51Speaker 1: start reinserting potential areas of litigation that have been actually
- 12:56Speaker 1: ruled in favor of the government. So right now, the
- 12:58Speaker 1: government has pretty expanded into authorities on expedited removal where
- 13:03Speaker 1: they can't be challenged in federal courts. But if they
- 13:06Speaker 1: start getting into this scenario where a bunch of people
- 13:08Speaker 1: start saying, oh, I've been here for more than two
- 13:10Speaker 1: years and you're trying to deport me, then if the
- 13:14Speaker 1: government is seemed to be abusing this, this may reopen
- 13:18Speaker 1: the courts may say well, wait a second, we need
- 13:20Speaker 1: a vehicle where people can challenge this and then that
- 13:24Speaker 1: same vehicle can start getting used to challenge other parts
- 13:26Speaker 1: of the expedited removal process. So that's why people haven't
- 13:30Speaker 1: wanted to open that door. But if the Trump administration says, look,
- 13:34Speaker 1: we want to reopen that door, and we're fine doing it,
- 13:37Speaker 1: and we have the best environment we've ever had in
- 13:40Speaker 1: the courts to do this in then it's possible that
- 13:43Speaker 1: they may actually I mean, they will give themselves the authorities,
- 13:48Speaker 1: but whether they actually start implementing this in practice and saying, look,
- 13:52Speaker 1: we think this person's been here for one year in
- 13:54Speaker 1: six months, but we can just grab them and immediately
- 13:57Speaker 1: put them on a plane and not have to give
- 13:58Speaker 1: them any due process. That's going to be very interesting
- 14:02Speaker 1: to see if that happens.
- 14:03Speaker 3: Speaking about putting them on a plane, where can they
- 14:06Speaker 3: put them on a plane too?
- 14:08Speaker 1: At this point, that's another question. Is there's going to
- 14:11Speaker 1: have to be countries that are willing to accept them.
- 14:14Speaker 1: I just read earlier today on Bloomberg News, which is
- 14:16Speaker 1: obviously the best news source that there is, about India
- 14:20Speaker 1: saying that it's going to work with the United States
- 14:23Speaker 1: to repatriate people that weren't previously being repatriated to India.
- 14:28Speaker 1: And so that's one example where sort of President Trump
- 14:31Speaker 1: has this mythical ability to bend reality to his will.
- 14:35Speaker 1: And India wasn't accepting these people previously, and so now
- 14:38Speaker 1: it may accept them. And certainly President Trump has been
- 14:41Speaker 1: threatening other countries who don't accept US deporties that they
- 14:46Speaker 1: will create all kinds of other sanctions on them. And
- 14:49Speaker 1: so if that works, if the India example is one
- 14:52Speaker 1: example of this, then we may see others where President
- 14:55Speaker 1: Trump ends up being very successful getting countries to accept
- 14:59Speaker 1: people that were to the board that we previously weren't
- 15:02Speaker 1: successful in having.
- 15:03Speaker 3: That happened coming up the lawsuits against Trump's order ending
- 15:07Speaker 3: birthright citizenship, this is bloomberg. On his first day in office,
- 15:12Speaker 3: President Donald Trump signed sweeping executive actions designed to crack
- 15:17Speaker 3: down on illegal border crossings and target undocumented migrants already
- 15:22Speaker 3: in the country. One of his high profile orders was
- 15:25Speaker 3: to end birthright citizenship, which says children born in the
- 15:29Speaker 3: United States are US citizens under the fourteenth Amendment to
- 15:33Speaker 3: the Constitution. That order led to democratic state attorneys general
- 15:38Speaker 3: and immigration advocates launching the first suits against the Trump administration.
- 15:44Speaker 3: New Jersey Attorney General Matt Platkin says he's confident that
- 15:47Speaker 3: order is never going to take effect because it's so
- 15:50Speaker 3: clearly unconstitutional.
- 15:52Speaker 5: The reason why you put something in the constitution, the
- 15:54Speaker 5: reason why we talk about rule of law. This is
- 15:56Speaker 5: not an abstract concept. It's so that President, Congress, the
- 16:00Speaker 5: majority cannot simply change a right on a whim. This
- 16:05Speaker 5: is a right that was codified in one of the
- 16:07Speaker 5: most important amendments ever codified in our nation's nearly two
- 16:11Speaker 5: and a half century history.
- 16:13Speaker 3: I've been talking to immigration law expert Leon Fresco this
- 16:17Speaker 3: before because Trump has been promising to end birthright citizenship
- 16:22Speaker 3: for some time. So tell us about this executive order.
- 16:26Speaker 1: Previously we talked about it in the theoretical. Now we
- 16:29Speaker 1: actually have the executive order, and the executive order is
- 16:33Speaker 1: actually not very detailed. So what it just says is,
- 16:37Speaker 1: in thirty days, the administration is to not give the
- 16:41Speaker 1: accoutrement of citizenship, meaning pass forward social Security numbers, et cetera,
- 16:47Speaker 1: to people who are born in the United States unless
- 16:50Speaker 1: one of their parents is either a citizen or a
- 16:53Speaker 1: lawful permanent resident. Period. If this executive order is not
- 16:58Speaker 1: enjoyed by the court, then what would happened. Is any
- 17:01Speaker 1: future person applying for a US passport, for instance, you
- 17:05Speaker 1: would need to show that not just you were born here,
- 17:08Speaker 1: which is all you have to show. Now you just
- 17:10Speaker 1: show your birth certificate, which is given to you by
- 17:12Speaker 1: the hospital. Now that wouldn't be enough. You would need
- 17:15Speaker 1: to show a birth certificate either before February twentieth, twenty
- 17:20Speaker 1: twenty five, that would be one way, or you would
- 17:23Speaker 1: need to show a birth certificate after February twentieth of
- 17:26Speaker 1: twenty twenty five, and proof of one of your parents'
- 17:30Speaker 1: green cards or one of their passports, or one of
- 17:33Speaker 1: their birth certificates, something of that nature. And the question
- 17:37Speaker 1: is will that actually be implemented. And here is where
- 17:42Speaker 1: we go to the legal theory, which is that under
- 17:44Speaker 1: the fourteenth Amendment, the fourteenth Amendment very clearly says anybody
- 17:48Speaker 1: born here is a US citizen unless you're not subject
- 17:52Speaker 1: to the jurisdiction of the US laws. And that was
- 17:57Speaker 1: done as part of the fourteenth Amendment in order to
- 17:59Speaker 1: end slavery, where people who were born here were allowed
- 18:03Speaker 1: to be slaves and didn't have the full rights of citizenships.
- 18:06Speaker 1: So the fourteenth Amendment ended that, it said everybody born
- 18:10Speaker 1: here has the full rights of citizenship. No one can
- 18:12Speaker 1: be given a second class citizenship that can lead them
- 18:16Speaker 1: to be put into slavery or some other second class status.
- 18:20Speaker 1: And so from that standpoint, the only way to eliminate
- 18:24Speaker 1: birthright citizenship without changing the Constitution is to make a
- 18:28Speaker 1: determination that people who are born here that you're trying
- 18:32Speaker 1: to eliminate this from are not subject to the jurisdiction
- 18:36Speaker 1: of the United States. Well, that's what this executive order says,
- 18:40Speaker 1: but is that really true. I mean, that would mean
- 18:43Speaker 1: that they're not subject to the jurisdiction of the United States.
- 18:45Speaker 1: I actually tweeted earlier today, I said, for the moment,
- 18:50Speaker 1: if you are a criminal defense attorney and you have
- 18:54Speaker 1: a client in federal court and they are not a
- 18:57Speaker 1: Green card holder or they are not a US citizen,
- 19:01Speaker 1: then you, I think, would be very close to committing
- 19:04Speaker 1: malpractice if you don't file emotion to dismiss saying that
- 19:09Speaker 1: at the moment, the current administration believes that my client
- 19:13Speaker 1: is not subject to the jurisdiction of the United States,
- 19:15Speaker 1: meaning we can't criminally prosecute this person because they're not
- 19:20Speaker 1: subject to our jurisdiction. And so that is an unintended
- 19:23Speaker 1: consequence here, and is that really something that the administration
- 19:28Speaker 1: is comfortable with. I really don't know, and I don't
- 19:31Speaker 1: know how you can make someone subject to the jurisdiction
- 19:34Speaker 1: for crimes but not subject to the jurisdiction for citizenship.
- 19:38Speaker 1: That word either means what it means or it doesn't,
- 19:41Speaker 1: which means typically diplomatic immunity. So diplomats and their children
- 19:47Speaker 1: are usually the ones interpreted under this statute and this
- 19:51Speaker 1: constitutional provision to be the ones exempted from birthright citizenship,
- 19:56Speaker 1: but not anyone else.
- 19:58Speaker 3: Democratic Attorney's General file two sets of lawsuits to strike
- 20:02Speaker 3: down this executive order. Tell us about the grounds for
- 20:06Speaker 3: their lawsuits.
- 20:07Speaker 1: Their argument is that this cannot be changed via an
- 20:09Speaker 1: executive order, that there's a constitutional provision and actually a
- 20:13Speaker 1: statute which codifies the constitutional provision, So there's actually two
- 20:17Speaker 1: different legal authorities here, and that both of them mean
- 20:21Speaker 1: that the only people exempt from this are diplomats and
- 20:25Speaker 1: the children of diplomats. It's not other people. And so
- 20:28Speaker 1: the executive order would be ultra virus. And so they're
- 20:32Speaker 1: all representing that they have people in their state or
- 20:35Speaker 1: in their organization, et cetera that are going to have
- 20:38Speaker 1: children after February twentieth of twenty twenty five, and those
- 20:42Speaker 1: children will not have U as citizenship, so they will
- 20:44Speaker 1: be harmed by this. And then some of the interesting
- 20:47Speaker 1: arguments they make is there are some countries where if
- 20:50Speaker 1: you're born in another country you might be considered stateless.
- 20:54Speaker 1: They may not give you their citizenship either, And so
- 20:57Speaker 1: what are these poor kids supposed to do they being stateless.
- 21:01Speaker 1: This is, by the way, not just a problem for
- 21:03Speaker 1: people who are undocumented. The way the executive Order is
- 21:06Speaker 1: written again, it will be the children of anybody who
- 21:10Speaker 1: doesn't have a Green Card or a US passport, Meaning
- 21:14Speaker 1: there's millions of people here on other kinds of work
- 21:17Speaker 1: visas that their children will not have US citizenship if
- 21:21Speaker 1: they're born here, which previously was the case, which will
- 21:25Speaker 1: mean that if those people want to stay in the US,
- 21:28Speaker 1: ultimately those children will be in a limbo where it's
- 21:32Speaker 1: not clear what their citizenship status will be.
- 21:35Speaker 3: The Supreme Court affirmed birthright citizenship in one case way
- 21:40Speaker 3: back in eighteen ninety eight, and it seems like the
- 21:43Speaker 3: Democratic ags have a good case against this executive order.
- 21:49Speaker 1: If I were a chech GPP or a computer judge
- 21:52Speaker 1: or an AI judge or a robot judge. I would
- 21:55Speaker 1: put the statistical odds of this being enjoyed that are
- 21:59Speaker 1: very very high numerical percentage. But because human beings are
- 22:04Speaker 1: involved and you just never know, you can never say
- 22:06Speaker 1: for sure that you are certain that this won't get enjoined.
- 22:10Speaker 1: But I do think it will very likely to get
- 22:12Speaker 1: enjoined in the lower court and in the courts of appeals.
- 22:16Speaker 1: And then the question is if this goes to the
- 22:17Speaker 1: Supreme Court, would there really be five judges that say
- 22:21Speaker 1: you could overturn birthright citizenship BAIA an executive order? And
- 22:25Speaker 1: I'm very skeptical of that, But since one can never
- 22:29Speaker 1: guarantee anything, you just never know.
- 22:31Speaker 3: One of his orders target sanctuary cities that refuse to
- 22:36Speaker 3: cooperate with I spy, restricting federal funds and potentially taking
- 22:41Speaker 3: legal action against them. During his first administration, weren't there
- 22:45Speaker 3: legal actions related to his.
- 22:47Speaker 1: His n What happened was there were these initiatives to
- 22:50Speaker 1: take away DOJ police funding and other detention funding and
- 22:55Speaker 1: other federal funding that had to do with with law
- 22:58Speaker 1: enforcement from city that did not report when they had
- 23:02Speaker 1: people arrested who are not in status to the federal government.
- 23:06Speaker 1: Those are what's called spectuary cities or states are places
- 23:10Speaker 1: where if there's a foreign nationals who's arrested, those foreign
- 23:14Speaker 1: nationals aren't reported to ICE, and that they don't let
- 23:18Speaker 1: ICE go into the jails to determine if there's foreign
- 23:21Speaker 1: nationals in there that can be removed when their prison
- 23:25Speaker 1: sentences or their jail terms are up. And so the
- 23:29Speaker 1: point was, if you're not going to allow us to
- 23:31Speaker 1: do that, you shouldn't get federal funding for police. Those
- 23:34Speaker 1: cases were litigated and pretty much the states in the
- 23:37Speaker 1: cities won in those litigations, but that was because they
- 23:42Speaker 1: were executive orders like these were. What will be interesting
- 23:46Speaker 1: is that now that there is control over the Congress
- 23:49Speaker 1: and we're seeing things like the Lake and Riley ACKs
- 23:51Speaker 1: pass with some democratic health, can you actually get sixty vote,
- 23:56Speaker 1: meaning there would be some democratic support for the principles
- 23:59Speaker 1: that a sanctuary city should have their grants taken away
- 24:04Speaker 1: because they're once it's not just an executive order, but
- 24:07Speaker 1: it's Congress actually limiting funds to localities that it is appropriating.
- 24:15Speaker 1: Then the claims are going to be much harder to
- 24:17Speaker 1: win in litigation by the states and the city. So
- 24:21Speaker 1: for now, if it's executive orders, yes, the point is
- 24:24Speaker 1: being made. There will be the same litigation. The litigation
- 24:27Speaker 1: is likely to be successful and the refusal to give
- 24:31Speaker 1: the funding will be overturned. But the long term battle
- 24:35Speaker 1: here is going to be will there be bipartisan votes
- 24:39Speaker 1: for actually eliminating funding to sanctuary cities.
- 24:42Speaker 3: He has one order that instructs federal agencies to identify
- 24:46Speaker 3: countries that don't provide sufficient information about their citizens for
- 24:51Speaker 3: the US to be able to vet and screen them.
- 24:55Speaker 1: Yes, that is the old travel band statute. If you remember.
- 24:59Speaker 3: That, it would be hard to forget.
- 25:01Speaker 1: Last time, in the first Trump administration, they were there
- 25:04Speaker 1: was the ban first, and then all the questions were
- 25:06Speaker 1: asked later, and so that's what led to a lot
- 25:09Speaker 1: of litigation. And then finally, after many iterations of the band,
- 25:13Speaker 1: the final ban was upheld because the questions were asked first,
- 25:18Speaker 1: and then the final band was written. So this time
- 25:21Speaker 1: they agree, let's ask the questions first, let's do the investigation,
- 25:25Speaker 1: then we'll come back and do the band. And so
- 25:27Speaker 1: they're going to ask the questions first, which countries are
- 25:30Speaker 1: unsafe or we don't know who is who, or when
- 25:34Speaker 1: we get information from them. This could all be fake
- 25:36Speaker 1: or whatever. And then if we can figure out which
- 25:39Speaker 1: country should go on a list like that, then there
- 25:41Speaker 1: will be a travel band put in place for people
- 25:44Speaker 1: from those countries.
- 25:46Speaker 3: Also, he wants to complete the building of the wall
- 25:50Speaker 3: along the Mexico US border. How much wall was built
- 25:54Speaker 3: and how much has to be built.
- 25:57Speaker 1: Well, again, this depends on what you consider wall and
- 26:00Speaker 1: what will be the final product. And do you consider
- 26:03Speaker 1: barriers that are there now that are not wall like
- 26:07Speaker 1: barriers to be considered part of the wall. So all
- 26:10Speaker 1: of this is in the eye of the beholder. But
- 26:13Speaker 1: let's say that, without any controversy of any kind, there's
- 26:16Speaker 1: at least five hundred miles that are completely wide open,
- 26:20Speaker 1: and then there's another five hundred or so miles that
- 26:23Speaker 1: have some kind of substandard barrier that probably President Trump,
- 26:28Speaker 1: if he were talking about the big, beautiful wall, would
- 26:31Speaker 1: not think that that would qualify because it would be
- 26:34Speaker 1: traversible barriers that might be there to prevent vehicles or
- 26:38Speaker 1: something of that nature, but that's to prevent an industrious
- 26:41Speaker 1: person from traversing the walls. Can it be done?
- 26:44Speaker 5: Yet?
- 26:44Speaker 1: It can be done. There's been litigation on this that
- 26:47Speaker 1: you can declare a national emergency, you can repurpose the
- 26:50Speaker 1: military funds for the wall. And then the only thing
- 26:54Speaker 1: that had happened in the prior administration was all of
- 26:57Speaker 1: that got decided way too late, and so at the
- 27:00Speaker 1: time the money started being used, the administration was over.
- 27:04Speaker 1: So now the point is start on day one and
- 27:07Speaker 1: the idea is well, then hopefully by the end of
- 27:10Speaker 1: the administration, you would have your two thousand mile complete
- 27:15Speaker 1: wall of the southern border. And so that's the intent,
- 27:18Speaker 1: that's what they say they're going to do. Let's see
- 27:21Speaker 1: what actually happens over the next four years.
- 27:24Speaker 3: I have a feeling there is going to be a
- 27:25Speaker 3: lot of litigation over immigration issues. Thanks so much, Leon.
- 27:30Speaker 3: That's Leon Fresco, a partner at Holland and Knight. Coming
- 27:34Speaker 3: up next on the Bloomberg Lawn Show. Trump gives TikTok
- 27:37Speaker 3: a reprieve. What does it mean? I'm June Gross. When
- 27:40Speaker 3: you're listening to Bloomberg. President Donald Trump temporarily halted the
- 27:46Speaker 3: ban on TikTok in the US, granting the company and
- 27:49Speaker 3: its Chinese parent, Byte Dance, a seventy five day reprieve
- 27:54Speaker 3: to reach a deal for the popular app that would
- 27:56Speaker 3: resolve national security concerns. TikTok Lifeline came in an executive
- 28:02Speaker 3: order signed by Trump on Monday, in one of his
- 28:05Speaker 3: first acts after taking office. His stance is that American
- 28:09Speaker 3: company should own half of the wildly popular app.
- 28:13Speaker 6: The US should be entitled to get half of TikTok,
- 28:17Speaker 6: and congratulations, TikTok has a good partner, and that would
- 28:22Speaker 6: be worth you know, it could be five hundred billion
- 28:25Speaker 6: dollars or something. It's crazy, The numbers are crazy, but
- 28:28Speaker 6: it's worthless. If I don't if the President doesn't sign,
- 28:32Speaker 6: then it's worthless.
- 28:33Speaker 3: Joining me is first Amendment expert doctor Kirk McGill of
- 28:36Speaker 3: hall Estell. So tell us about Trump's order granting TikTok
- 28:41Speaker 3: this reprieve for seventy five days.
- 28:44Speaker 4: So the order is exactly what you just said. It
- 28:46Speaker 4: simply says, I, President Trump, with the authority I claim
- 28:49Speaker 4: under the law hereby extend for seventy five days the
- 28:53Speaker 4: band on TikTok. And I encourage all companies, for example
- 28:57Speaker 4: Google and Apple in their stores to allow TikTok to
- 28:59Speaker 4: get They need to operate during that period, and I
- 29:02Speaker 4: promise not to send you to jail if you do
- 29:03Speaker 4: that sign Donald Trump, does he have.
- 29:06Speaker 3: The authority to issue that kind of executive order because
- 29:10Speaker 3: according to the TikTok ban the law, an extension is
- 29:14Speaker 3: only possible if he can show Congress that there's a
- 29:18Speaker 3: viable path forward to make a deal.
- 29:21Speaker 4: Likely, he does not have the legal authority under the
- 29:23Speaker 4: statute strictly speaking. But the question is, is anybody going
- 29:27Speaker 4: to be able to do anything about it in those
- 29:29Speaker 4: seventy five days? Court system works rather slowly, so is
- 29:33Speaker 4: anyone going to have standing to go stop him from
- 29:36Speaker 4: doing that, that's going to be able to get a
- 29:37Speaker 4: judge to put a stop to it within that seventy
- 29:39Speaker 4: day five day period. Clearly he's betting that they are not.
- 29:43Speaker 3: So he sort of shrugged off the national security concerns
- 29:47Speaker 3: around TikTok, which was the ostensible reason for the ban,
- 29:51Speaker 3: saying the US has bigger problems than any threat of
- 29:54Speaker 3: China potentially getting information about young kids.
- 29:58Speaker 4: So Trump, of course, is plus playing a game here,
- 30:01Speaker 4: which is he's trying to get a deal done. He's
- 30:04Speaker 4: very open about saying that, and so he's trying to
- 30:07Speaker 4: deliver a message to China of I'm your friend, I'm
- 30:11Speaker 4: the good cop. I'm the one that could get a
- 30:13Speaker 4: deal done here, because the alternative is a US Congress
- 30:16Speaker 4: that voted overwhelmingly for banning you. And you couldn't get
- 30:20Speaker 4: that many members of Congress to agree on what day
- 30:22Speaker 4: of the week. It is much less on what constitutes
- 30:25Speaker 4: a national security threat. So the fact that they all
- 30:27Speaker 4: walked out of those classified briefings that voted overwhelmingly for
- 30:31Speaker 4: banning TikTok sets them up very much as the bad
- 30:34Speaker 4: cop in this deal making. And so Trump seems to
- 30:37Speaker 4: be brushing off those national security implications not because he
- 30:40Speaker 4: isn't aware of them and doesn't respect them, but rather
- 30:43Speaker 4: because he's trying to set himself up to be the
- 30:46Speaker 4: deal maker. And this is a man who's written an
- 30:48Speaker 4: entire book about half he tries to make deals. This
- 30:51Speaker 4: is pretty much par for how he tries to make deals.
- 30:53Speaker 4: He's either the good cop or the bad cop, and
- 30:55Speaker 4: he set himself up in this one to be either one.
- 30:58Speaker 4: He's certainly cautioned China that he's aware of the national
- 31:00Speaker 4: security implication and that any deal that gets done is
- 31:04Speaker 4: going to have to protect the Americans. So he set
- 31:06Speaker 4: himself up to be able to play whichever side he
- 31:08Speaker 4: needs to in order to get a deal done, assuming
- 31:11Speaker 4: there's one to be had.
- 31:12Speaker 3: He said, I could see a deal where the US
- 31:15Speaker 3: gets fifty percent of TikTok police. Is it a little
- 31:17Speaker 3: bit or a lot, depends on them. Do you see
- 31:21Speaker 3: a deal like that anywhere?
- 31:24Speaker 4: I don't think I see a deal in which the
- 31:25Speaker 4: United States government is going to own a major institution
- 31:29Speaker 4: of public communication that simply has so many First Amendment
- 31:33Speaker 4: implications that the lawyers at the Justice Department will probably
- 31:36Speaker 4: all walk out and start having a group cry in
- 31:38Speaker 4: the parking lot. If he actually was serious about doing that.
- 31:41Speaker 4: I don't think he's serious about doing it now. Trying
- 31:43Speaker 4: to predict what Donald Trump is going to do, let's
- 31:45Speaker 4: all admit, is an exercise in guessing at best. But
- 31:50Speaker 4: if I had to guess, I would say that's simply
- 31:52Speaker 4: all part of his game. Ultimately, what he wants is
- 31:54Speaker 4: he wants to have his cake and eat it too.
- 31:57Speaker 4: He wants TikTok to be able to survive in some form,
- 32:00Speaker 4: as it would get him a large amount of political
- 32:01Speaker 4: support from all of the TikTok users who say yay,
- 32:05Speaker 4: Donald Trump, save TikTok. At the same time, he's not
- 32:07Speaker 4: a fool. He's got national security people talking about to
- 32:11Speaker 4: him to explain just how dangerous TikTok is and its
- 32:14Speaker 4: information collection could be to America in the future, particularly
- 32:17Speaker 4: with people who aren't necessarily aware of what they're giving up, teenagers,
- 32:21Speaker 4: people that aren't even on TikTok, but whose information is
- 32:24Speaker 4: being provided to TikTok through, for example, access to the
- 32:28Speaker 4: phone book of people who are on TikTok, and the
- 32:31Speaker 4: kind of danger that composed in the future to the
- 32:34Speaker 4: United States, to our national security. So he's trying to
- 32:37Speaker 4: balance those things out, and ultimately the only way to
- 32:40Speaker 4: do that is to not have China own TikTok, and
- 32:43Speaker 4: that's what Congress decided, That's what the courts have ultimately upheld,
- 32:47Speaker 4: and that is certainly what his national security experts are
- 32:49Speaker 4: going to be telling him. What he's trying to find
- 32:52Speaker 4: out is can I have that cake and eat it too?
- 32:54Speaker 4: Can I keep TikTok in one piece and functional in
- 32:57Speaker 4: the United States, but do so in a way that
- 32:59Speaker 4: takes it out of it for all of China. China
- 33:01Speaker 4: obviously doesn't want to let him do that, so he's
- 33:03Speaker 4: playing a game of brinksmanship with them, and that's why
- 33:05Speaker 4: we're seeing things like, for example, him coming out and saying,
- 33:08Speaker 4: maybe he'll put a one hundred percent tariff on China's
- 33:11Speaker 4: goods if the deal isn't being made. That's all the
- 33:13Speaker 4: kind of brinksmanship that Trump loves and in many cases
- 33:16Speaker 4: has been successful at in forcing other countries to come
- 33:19Speaker 4: to the bargaining table. Whether he's going to be successful
- 33:22Speaker 4: here or not, that remains to be seen.
- 33:24Speaker 3: Let me ask you this about the security threat. Is
- 33:27Speaker 3: it just a prospective threat. There's been no public information
- 33:31Speaker 3: that they've accessed to anyone's data or engaged in any
- 33:36Speaker 3: propaganda on TikTok? Is there is it a concern about
- 33:39Speaker 3: what might.
- 33:40Speaker 4: Happen in the publicly available information. It is primarily about
- 33:45Speaker 4: what could theoretically be done by China as opposed to
- 33:49Speaker 4: what has been done. But we know there's this large
- 33:52Speaker 4: trough of classify informations not publicly available that Congress had
- 33:57Speaker 4: access to, but that no one else has had access to.
- 34:00Speaker 4: The theory, and this, of course is just a theory,
- 34:03Speaker 4: is that anything about actual use of that information would
- 34:06Speaker 4: be in that classified file because it could give away
- 34:09Speaker 4: our sources and methods. In other words, if we say, hey,
- 34:11Speaker 4: we know that China used this information because in this meeting,
- 34:15Speaker 4: on this date, these Chinese officials did that, well, by definition,
- 34:19Speaker 4: we're giving away our methods, or at least risking our
- 34:23Speaker 4: methods of how did we get that information. Did we
- 34:26Speaker 4: breach them electronically, did we have an agent in the room,
- 34:30Speaker 4: How did we get that information? And so that's not
- 34:32Speaker 4: the kind of thing the United States government would want
- 34:35Speaker 4: to be publicly known. I think we have to rely
- 34:37Speaker 4: on the fact again that Congress came out of those
- 34:40Speaker 4: meetings with sufficient concern to vote so overwhelmingly for the ban.
- 34:44Speaker 4: That would suggest that whatever they saw it posed a
- 34:47Speaker 4: sufficient danger to the United States that they were able
- 34:49Speaker 4: to come to it to an overwhelming agreement on the
- 34:51Speaker 4: TikTok law, when again, those same individuals could degree on
- 34:55Speaker 4: almost anything else in the universe right now.
- 34:57Speaker 3: Bite Dance has previously that it has no intention of divesting.
- 35:03Speaker 3: I mean, do you see any movement there?
- 35:06Speaker 4: I think Trump's plan, and again I'm guessing on a
- 35:09Speaker 4: man who likes to not make it easy to guess
- 35:11Speaker 4: what he's doing. That's part of his negotiation strategy. But
- 35:14Speaker 4: I'm guessing that this is the plan. China doesn't want
- 35:17Speaker 4: to divest TikTok. Trump's betting, however, if the choice is
- 35:21Speaker 4: between not having TikTok and any money associated with it
- 35:25Speaker 4: at all, having it be simply something you spent a
- 35:27Speaker 4: bunch of money on and now you can't use in
- 35:30Speaker 4: relation to your biggest competitor, or selling it to the
- 35:33Speaker 4: United States, they'll sell. So if he's able to put
- 35:36Speaker 4: his foot down and say, your choices China are not
- 35:39Speaker 4: operating TikTok under the control of China. Your choices are,
- 35:42Speaker 4: we'll pay you fair value for that, and you can
- 35:47Speaker 4: let us operate it, so you lose the spying aspect,
- 35:50Speaker 4: but you at least make some money off of it,
- 35:52Speaker 4: or will shut you down completely in accordance with the law,
- 35:54Speaker 4: in which case, not only will you not get your spine,
- 35:57Speaker 4: but you also won't get any money. And you've sunk
- 35:59Speaker 4: a huge amount of money into TikTok and you're just
- 36:02Speaker 4: going to eat that. And that seems to be the
- 36:04Speaker 4: game that he's playing with him is he's betting if
- 36:06Speaker 4: the choices between money and no money, that the issue
- 36:09Speaker 4: of whether they operate or not is off the table.
- 36:11Speaker 4: They're not going to be allowed to operate or Chinese control,
- 36:14Speaker 4: that the Chinese will take the money and run. And
- 36:16Speaker 4: whether or not that's true or not, we'll see, but
- 36:18Speaker 4: it's at least a rational move to be making on
- 36:21Speaker 4: his part to back them into that corner.
- 36:24Speaker 3: One prospective ownership group led by billionaire real estate investor
- 36:28Speaker 3: Frank McCourt is proposing to buy TikTok without that recommendation algorithm.
- 36:36Speaker 3: Isn't that algorithm what makes TikTok so popular?
- 36:40Speaker 4: Arguably yes. The question is is could you take the
- 36:44Speaker 4: brand in essence and all of the current users of
- 36:47Speaker 4: TikTok and develop an algorithm that's sufficiently good that you
- 36:51Speaker 4: wouldn't go lose all of those users? The course seems
- 36:54Speaker 4: to be betting the answer is yes, that they would
- 36:57Speaker 4: be able to do that. The key it seems to
- 36:59Speaker 4: be of that deal is is if I have a
- 37:01Speaker 4: cactive audience, I have those one hundred and seventy million
- 37:03Speaker 4: Americans that are using TikTok, how many of those are
- 37:06Speaker 4: going to go jump ship just because the algorithm may
- 37:09Speaker 4: not be as good as the one that it's replacing.
- 37:11Speaker 4: And he's betting not enough to make it not worth
- 37:14Speaker 4: what he's willing.
- 37:15Speaker 3: To pay for so, despite Trump's talking about this fifty
- 37:18Speaker 3: to fifty deal, House Speaker Mike Johnson said on Sunday
- 37:22Speaker 3: that there must be full divestiture from the Chinese Communist Party.
- 37:26Speaker 3: Senate Intelligence Committee Chair Tom Cotton said in a post
- 37:29Speaker 3: on x there was no legal basis for any kind
- 37:32Speaker 3: of extension. But do you think that Trump can get
- 37:35Speaker 3: Congress this Congress to do what he wants.
- 37:38Speaker 4: I don't think he's going to have a lot of
- 37:40Speaker 4: success in getting Congress to back off on the divestioner
- 37:43Speaker 4: because that's the whole point. Keeping the Chinese government out
- 37:46Speaker 4: of TikTok is the point of the statue. Either the
- 37:49Speaker 4: vest or be banned, and there's such overwhelming support for that.
- 37:53Speaker 4: Does Trump really want to burn his capital with Congress
- 37:56Speaker 4: on that issue. The problem, to some extent is Trump
- 37:59Speaker 4: has took himself in a corner. I think quite knowingly
- 38:02Speaker 4: he's taken on the risk. But if he had done nothing,
- 38:06Speaker 4: then one hundred percent of the blame could rightly have
- 38:09Speaker 4: been put on Congress and on President by President Biden
- 38:12Speaker 4: unquestionably had the statutory authority to extend the time they
- 38:15Speaker 4: had before the band kicked in, he chose not to
- 38:18Speaker 4: do that. Congress of course passed the original law. So
- 38:22Speaker 4: Trump really had no responsibility for TikTok up until Sunday night.
- 38:26Speaker 4: But as soon as he came in and said, I'm
- 38:28Speaker 4: now extending this time, I'm going to go stay TikTok,
- 38:31Speaker 4: and not just doing that on the campaign trail, but
- 38:33Speaker 4: doing it as president in an executive order. If TikTok
- 38:37Speaker 4: now goes dark because Trump isn't able to get a
- 38:40Speaker 4: deal done, then TikTok when you try to log into TikTok,
- 38:43Speaker 4: it's not going to say what it says right now,
- 38:45Speaker 4: which is We've been saved by Donald Trump. It's going
- 38:48Speaker 4: to say this is all Donald Trump's fault. So the
- 38:50Speaker 4: Chinese government is unquestionably aware of the fact that they
- 38:53Speaker 4: have that leverage. And if I was giving advice to
- 38:55Speaker 4: the Chinese government rather than Donald Trump, I'd be telling
- 38:58Speaker 4: him to use that. He's just put himself in the
- 39:01Speaker 4: crosshairs of one hundred and seventy million American TikTok users.
- 39:04Speaker 1: Make him eating.
- 39:05Speaker 4: And again, Trump's not a fool. He knows he's put
- 39:08Speaker 4: himself in that position, and he seems to be betting
- 39:10Speaker 4: that he's going to be able to get a deal
- 39:11Speaker 4: done as satisfy factory to everybody. If he does that,
- 39:15Speaker 4: I think he's going to reap the political reward of that.
- 39:18Speaker 4: If he doesn't do that, he's going to reach the
- 39:20Speaker 4: political consequences. Either he's going to have to go try
- 39:22Speaker 4: to get Congress to back off on something that Congress
- 39:24Speaker 4: feels very strongly about from a national security perspective, which
- 39:28Speaker 4: burns his political capital with Congress, or he's going to
- 39:31Speaker 4: go have to tick off a bunch of TikTok users
- 39:34Speaker 4: unintended around the country. And so he's playing a very
- 39:38Speaker 4: high stakes game of chicken. That this is a man
- 39:41Speaker 4: who's made his entire career out of playing a high
- 39:43Speaker 4: stakes game of chicken. Donald Trump doesn't believe in the
- 39:46Speaker 4: no win scenario. He believed in the immovable object against
- 39:50Speaker 4: the unstoppable force. That in fact, something's got to give
- 39:53Speaker 4: and it's not going to be him, And whether or
- 39:55Speaker 4: not he can pull that off in this case, I
- 39:57Speaker 4: have him a clue. And anybody who says that they
- 39:59Speaker 4: do either is lying or has gotten personal assurances from
- 40:04Speaker 4: a higher power on what's going to happen. Because I
- 40:07Speaker 4: couldn't put odds on this of how it's going to
- 40:09Speaker 4: come out. I can tell you it's going to be
- 40:11Speaker 4: interesting to watch, and I can tell you that we've
- 40:13Speaker 4: got two very motivated powers in Trump for the United
- 40:17Speaker 4: States and China to both have a lot at stake
- 40:20Speaker 4: at this issue and want to see this work out
- 40:22Speaker 4: in a particular way. The difference is the Chinese Communist
- 40:26Speaker 4: Party ultimately is looking for an outcome that's acceptable to them,
- 40:30Speaker 4: whereas Trump has to deal with the democratic forces of
- 40:33Speaker 4: our country, public opinion, Congress. There are a lot more
- 40:36Speaker 4: moving parts for him than there are in China.
- 40:39Speaker 3: And seventy five days goes by pretty quickly. Thanks so
- 40:43Speaker 3: much for being on the show. That's doctor Kirk McGill
- 40:46Speaker 3: of hall Estel and that's it for this edition of
- 40:48Speaker 3: The Bloomberg Law Show. Remember you can always get the
- 40:51Speaker 3: latest legal news on our Bloomberg Law Podcast. You can
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- 41:03Speaker 3: tune into The Bloomberg Law Show every weeknight at ten
- 41:06Speaker 3: pm Wall Street Time. I'm June Grosso, and you're listening
- 41:10Speaker 3: to Bloomberg