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Legal maneuvering or search for justice? · Cultural Wars | America Out Loud News

• 0:11
  Helping to secure the blessings of liberty to ourselves and our posterity.
• 0:15
  This is the Constitution Study on the America Out Loud Network with your host, Paul Engel.
• 0:31
  Well, I believe most Americans would hope that our legal proceedings would be a search for justice.
• 0:37
  More often than not, it turns into nothing more than legal maneuvering.
• 0:42
  Hello there, everyday Americans.
• 0:43
  Paul Engel here with the Constitution Study, where we read and study the Constitution, teacherizing generation be free.
• 0:48
  Glad you could join me today.
• 0:50
  You know, we used to have courts of justice where the idea was to find what is just, what is right, what is true.
• 0:58
  They morphed into courts of law where the law superseded justice, whether that law was just or not, whether the law is even constitutional or not.
• 1:07
  Now we just have courts where justice and law seem to take a back seat to, well, whatever some other judge has said, or whatever maneuvering can be used by the attorneys and the and the judges to get to the outcome they want.
• 1:22
  And I want to take some time today and look at some examples.
• 1:25
  We're going to start in Minnesota.
• 1:28
  Now, again, Minnesota's been pretty famous lately for the rampant fraud within their uh Medicaid Medicare system.
• 1:38
  Now, we're not talking simple paperwork errors.
• 1:40
  We're showing active uh acts of fraud for which the state of Minnesota either did not or could not uh actually investigate and deal with.
• 1:52
  Because of this fraud and abuse, the federal government, in the form of the Centers for Medicaid Services, um, temporarily deferred uh 259 million dollars in Medicaid funds, specifically because of the allegations of fraud within the state program of Minnesota, meaning not just the the end users, but within the state itself.
• 2:18
  So, what does Minnesota do?
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  Does Minnesota say, you know what, we've been caught in part, we're gonna fix these things so that Medicaid will CMS will release the funds.
• 2:28
  No, we live in a litigant society.
• 2:30
  They turned around, and uh attorney general Keith Ellison sued, asking the court to block the withholding of 243 million dollars in funds tied to 14 separate services that were identified, have been identified as high risk and not in compliance, and they were subject to a noncompliance action.
• 2:50
  Now, I want just because I want to start right there.
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  Mr.
• 2:54
  Ellison and the state of Minnesota is suing to get a court to block withholding funds.
• 3:00
  It kind of shows just how twisted and perverted the system has become when the state says you owe us.
• 3:08
  You have to remember Medicare, Medicaid, these are unconstitutional programs.
• 3:13
  This is money embezzled from the American people because the Congress is not authorized to collect taxes to fund medical services, only to pay the debts, provide for the common defense and the general welfare of the United States, capital U Capital S, proper now.
• 3:31
  But again, our courts have simply ignored the Constitution.
• 3:34
  They've ignored the law and pretty much let Congress do whatever it wants when it comes to well, embezzling money from the American people and using it to bribe them with their own money.
• 3:45
  In a statement, uh A.G.
• 3:46
  Ellison said, These cuts are the latest in a long series of efforts to go around the law to punish Minnesotans, but just as we fought back in one when we when they legal illegally tried to cut funding for child care, hungry families and our schools, we are suing them again today to make them follow the law, which to me is a laughable statement since it's been Minnesota government that has failed to follow the law that has triggered this noncompliance action.
• 4:14
  Uh I'm not familiar with the other suits, and uh to be honest, I'm not surprised because let's face it, if the courts actually studied the constitutional law school, they'd recognize the problems with Medicaid and Medicare constitutionally.
• 4:28
  They'd also recognize that a program, and I'm not familiar with if there's a within the law, a compliance action, what triggers a compliance action.
• 4:38
  I'm I'm not a uh Medicaid Medicare law expert, but anyone else find it interesting that the very entity that has been found assisting and ripping off the American people is now suing to get money they've been that's been used to rip off the American people.
• 4:55
  It's not just Minnesota.
• 4:56
  Let's head over to New York, where uh New York Attorney General Letitia James, not exactly one known for following her oath to support the Constitution, has now sued uh NYU's Lagoon's hospital um because they decided to close their transgender use youth program.
• 5:15
  According to Ms.
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  James, you gotta listen.
• 5:17
  I I wish this were fake.
• 5:20
  She is suing.
• 5:21
  She says that this the hospital violated the state's anti-discrimination laws by jeopardizing access to medically necessary health care for some of the most vulnerable New Yorkers.
• 5:34
  I I understand she's a lawyer and a politician, which means you know, she pretty much not does she lie, she can twist the words.
• 5:40
  But again, um, you're telling me that a I believe a private hospital, not sure if this particular hospital, it's NYU, so maybe it's not.
• 5:49
  Um, but the the hospital looks at the science and says, you know what?
• 5:54
  These treatments, these allegedly gender affirming, actually gender denying treatments, do not have positive outcomes for the majority of the people that actually they tend to make things worse, and or at least don't make things better.
• 6:10
  So they're not medically necessary.
• 6:12
  No one's going to die if you don't get your pubity blockers, your hormone treatments, or your surgery.
• 6:17
  No, she just made this up.
• 6:19
  She's playing politics with the law.
• 6:23
  And again, you're telling a hospital that looks at the medical science and says, no, we're gonna shut down our program.
• 6:29
  Oh no, you can't shut down your program.
• 6:32
  You have to provide these services because um Ms.
• 6:36
  James, as a rampant Marxist and just all things getting destroying individual rights, she says, no, you have to.
• 6:45
  You are required.
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  She says to stop a program is a violation of an anti-discrimination law.
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  Now, I'm not familiar with the state's anti-discrimination laws, but they didn't say, you know what, we're not going to serve this person or that person.
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  We're saying this program doesn't work, and we're shutting it down.
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  And apparently in Ms.
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  James' mind, um, you have, you know, you have to be provided with harmful cosmetic surgery because she apparently doesn't understand biology.
• 7:20
  Uh, she also apparently doesn't understand economics, because under uh uh a recent Trump uh executive order, the Department of Health and Human Services is has announced a proposal to cut Medicaid and Medicare funding to hospitals that provide these treatments to youth, to minors.
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  Remember, this is a youth program at uh at this hospital system.
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  Um, this is not for adults, it's it's people, I think it's under the age of 19, right?
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  So basically 18 and younger.
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  So now she says, Well, we don't care about the money, you gotta do it even if you don't get paid for it.
• 7:57
  Um, and not just for that.
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  You're talking about shutting down, I believe, all of their Medicaid Medicare funding.
• 8:03
  So we'll just put them out of business to protect the people with the mental disorder and their ability to get drugs and surgery that doesn't actually fix the problem.
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  Wait a second, who's it has the mental disorder?
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  Is that the transgender or is that Ms.
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  James?
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  I think it's Ms.
• 8:16
  James that has the mental disorder.
• 8:19
  Okay, let's look at another state attorney general with another lawsuit.
• 8:23
  This time it's the attorney general of Iowa, Brena Byrd.
• 8:27
  And she's filed lawsuits against General Motors and Onstar, claiming that the companies collected and sold driver data from Iowa residents without obtaining prior can proper consent.
• 8:41
  Now, according to the legal complaint, General Motors began installing tracking systems in its vehicles back in 2015 that monitored various aspects of driver behavior and vehicle operation.
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  The system reported collected information, including the vehicle speed, seatbelt usage, driving habits, and location data.
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  This information was subsequently sold to a third-party data broker and to insurance companies, potentially affecting insurance coverage and premium rates for her case, Iowa residents.
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  That's her focus.
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  She's the attorney general of Iowa.
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  She's focused on what's going on with Iowa residents.
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  She's claiming that they did it without the knowledge or explicit permission of the people who purchased the vehicles.
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  Now, this to me has been a concern, and it's been a concern around for a while because as we've added more automation, more features to our vehicles, they're basically you know rolling computers now.
• 9:38
  I mean, uh, my my dad and stepmom got a vehicle and I was driving it, and I'm amazed at the amount of computer technology in these things.
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  And again, reports that they are collecting data and then transmitting that data back to the manufacturer who now is collecting this data and selling it.
• 9:57
  Now, I don't know, you know, the
• 10:00
  My guess is somewhere in the agreement when you purchase a vehicle, probably buried somewhere in the legalese, is a statement that says you authorize the manufacturer to collect data.
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  I don't know if it includes the ability to sell data, but again, is was this like hidden information in the fine print.
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  Now the complaint goes on that uh claims that uh that General Motors engaged in misleading practices by written misrepresenting the nature and purpose of their Onstar services.
• 10:34
  The soup claims the company implied that enrollment in these services was necessary to ask access basic vehicle safety features without adequately disclosing that it also involved uh these data collection services that would eventually be sold to a third party.
• 10:53
  Now again, I believe we as car owners have a responsibility to understand what our car data our cars are collecting and where that data goes.
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  And uh, you know, I if you're concerned, well, do a little research on the internet, and I bet you'll find if there are ways to disable or modify the tracking data that your vehicle is collecting about you.
• 11:18
  Um, if you have one of those apps, because very often you'll see insurance companies, auto insurance companies will have a function on their app.
• 11:26
  You install their app and you get a discount because what the app is doing is it's tracking you, it's trapping, it's tracking how fast are you driving, how hard are you accelerating, uh, you know, are you using your seatbelts, things like that?
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  Um in many cases, those, like I said, with they're being stored in the car.
• 11:45
  It's on Star itself that is part of it, which is again built into all these GM vehicles.
• 11:51
  Now, again, I intentionally have two questions, and and uh I'm I'm buying a car and I'm going to do some research on that car as well because that's my data.
• 12:02
  That's data about me, and I don't want it sold.
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  So I'm gonna check the um uh uh do some research on that.
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  But I find this lawsuit interesting because it doesn't say that on star can't collect it.
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  It's that um GM lied when they said you had to turn on Onstar for basic uh safety operations, and that uh they did not adequately um inform people that this data was not only being collected, but that it would be sold.
• 12:37
  And this is the question of you know privacy, you know.
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  This is not a constitutional issue, ladies and gentlemen.
• 12:43
  There's not a fourth amendment issue, right?
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  Because this isn't the government collecting your data.
• 12:48
  You're voluntarily handing over the data, possibly because you are misled.
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  That's where you know Iowa's uh um you know deceptive business practices law comes in their their consumer fraud act comes into was was GM and I started deceptive in how they marketed this and how they implied this.
• 13:09
  But remember, um, you know, if you voluntarily you you put data on your phone that's connected to a cloud account, that data is shared, and it's on other people's servers, which other people can share.
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  Google, Apple, you name it.
• 13:25
  Um, you know, you you use Dropbox or any of these services, there's nothing that prevents there's generally an agreement that says they're not gonna hand over your data to a private entity, but if if a government agency comes in with a subpoena, more likely they're gonna turn it over because they've got no reason to fight to protect your rights.
• 13:47
  Um, I'm kind of curious, I want to keep an eye on this this case in Iowa.
• 13:51
  Again, because I'm a car owner, and I've intentionally avoided buying uh a newer vehicle because of this data collection.
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  And again, I'm researching the vehicle I'm considering to make sure that I can disable the data collection because it's none of the manufacturer's business.
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  What you know, how I'm I own the vehicle now and not renting it from them, I'm not leasing it from them.
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  I own it, it's mine, and I will do with it as I wish without uh big brother spying.
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  And if it means I give up uh some cute little services to do that, it's worth it to me.
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  And that's really the question you should be asking.
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  Are the goodies you get from all these this technology worth the cost in your privacy in the exposing of information that uh could just as easily be used if you know captured by you know, let's say somebody hacks into one of these data brokers, could be used to uh steal your identity.
• 14:50
  Yeah, not worth it to me.
• 14:52
  It's why I want to disable things because guess what?
• 14:55
  I don't want to be set up at night wondering if my car is spying on me.
• 14:59
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• 15:04
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• 15:09
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  Welcome back, everyday American to rejoin the Constitution study.
• 20:23
  Today we're talking about legal maneuvering.
• 20:26
  And we took a look at some things going on in the states in Minnesota, New York, and Iowa.
• 20:32
  I'm picking up something a little different right now.
• 20:34
  And it has to do with well, immigration enforcement.
• 20:37
  Because one of the things I heard a lot as people were talking about are we actually going to enforce immigration law is, well, gee, you're going to create a lot of legal actions.
• 20:47
  You know, one of the what people were actually saying that you couldn't give due process to illegal aliens because that would flood the courts.
• 20:54
  Um, kind of ignoring the fact that due process is not a right limited to citizens.
• 20:58
  It's people, uh, and again, most people apparently don't have a very good understanding of what due process is.
• 21:04
  It's a judicial or governmental process designed to protect the rights of the individual.
• 21:10
  That, by the way, from the free legal dictionary.
• 21:12
  Look it up if you wish.
• 21:14
  And then this uh news report came across my desk.
• 21:18
  Um, immigration attorneys have uh uh, well, they've sued, they've filed 24,000 habeas claims.
• 21:27
  Hey, this is true for habeas corpus to produce the body.
• 21:30
  It's the legal idea when a court demands that an entity produce the body in court.
• 21:36
  So this is a scenario where someone has been uh detained uh and people are filing habeas positions saying we want this person brought before the court to determine whether or not the the detention is legal.
• 21:51
  Now remember, everybody has a right to not be deprived of life, liberty, or property without due process of law.
• 21:58
  It's the due process, but I think most people don't quite come don't quite understand the details.
• 22:02
  Due process does not mean endless court filings.
• 22:06
  It means were your rights protected during the the legal or judicial or governmental process.
• 22:12
  Meaning if someone's been accused of being uh here illegally, do process means it needs to be heard by court.
• 22:19
  If they've been heard by a court and been given a detention or a removal order, when they get caught, they don't deserve they don't have a right to another day in court unless they're challenging that they've the ICE has the wrong person, they don't have a right to another day in court.
• 22:36
  You've already been adjudicated here illegally.
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  You've there's already an order for your removal.
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  That's all that's needed.
• 22:43
  That doesn't, of course, stop attorneys from filing these habeas claims because, well, they're an attorney, and their job is not to find justice, their job is to get the best outcome for their client that they possibly can.
• 22:58
  But there's another interesting twist to this.
• 23:01
  So uh again, you know, you've got thousands and thousands of these court claims, and oh my God, it's flooding federal courts.
• 23:08
  And and let me ask you, are these assuming that these are legitimate habeas claims, right?
• 23:15
  These are not people who, you know, all right, you've been caught, you've had your day in court, you've been proven illegal, you've got a uh deportation order, you failed to show up, now you're caught and getting sent out.
• 23:26
  Weed those out.
• 23:27
  Let's assume that these 24,000 are people saying, listen, I'm here legally, uh, you've got the wrong person, whatever those legals are.
• 23:36
  Are you willing to give up justice because it would doing so would make it hard on the courts?
• 23:44
  I see this all frequently in Supreme Court cases where during oral arguments, the question comes up: well, if we did this, it would make court's job more difficult.
• 23:54
  But the purpose of a court is not to have an easy time.
• 23:57
  The purpose of a court is to seek justice.
• 24:01
  And if you're saying that, listen, the the cost of these multiple years of failing to enforce our immigration law, not just under Biden, but previously under Obama, under Clinton, whoever he, you know, all of these people have built up this illegal immigrant community.
• 24:24
  And if you're saying the cost of that is we're gonna have a flooding of federal courts, the problem is not with the people enforcing the law.
• 24:31
  The problem was with it was caused by the people who didn't enforce the law in the first place.
• 24:36
  Now, as I said, I'm not sure if this 24,000 is small or large, because I'm not familiar with these all these habeas claims.
• 24:45
  I don't know if these are people who have a legitimate complaint, or these are just people who are trying to work the system to keep from being deported.
• 24:52
  I don't know the details.
• 24:54
  What I do find interesting is a number of people are compla of who the articles I've seen complaining.
• 24:59
  Oh my God, we have all these lawsuits.
• 25:01
  Well, if the government acted criminally, then yeah, they're gonna get lawsuits.
• 25:07
  If the government failed to enforce the law and now and now people who who thought they got away with it are getting caught, and now they want they they want their day in court.
• 25:17
  Well, that's the cost of justice.
• 25:21
  And it kind of shows um to me, it kind of shows this this twisted idea that well, we can't create too much work for government.
• 25:29
  Sorry, that's not the way the law works.
• 25:31
  The law is designed to make work for government, it's supposed to make work for government because the laws are supposed to protect the rights of the people to secure our rights.
• 25:42
  That's why we put governments in place in the first place, at least according to the to the declaration of independence.
• 25:48
  Now, we continue on this, you know, illegal immigrant claim.
• 25:53
  Um, another federal court has blocked uh Homeland Security Secretary Christy Nome from placing restrictions on congressional visits to uh immigration enforcement centers.
• 26:07
  Now, this to me, there's an interesting twist of this case.
• 26:10
  So um district judge for the District of Columbia uh Jaya Cobb uh said that Christy Noah's order saying uh from back in January, saying that for Congress members must give a week's notice before visiting an ICE facility.
• 26:27
  To me, my first thought is well, you've got a separation of powers, right?
• 26:30
  Congress rights law, the um executive branch of president enforces the law, and you're asking Congress to come in unannounced and over uh into a an executive uh facility.
• 26:45
  However, there's a twist I didn't think about, at least I wasn't aware of.
• 26:49
  Because a judge says that this that that notice violates a law, a prior appropriations law which forbids uh certain funds from being used to bar impromptu congressional visits.
• 27:04
  Now, the same judge struck down a similar policy back in December, and resulting in in Ms.
• 27:11
  Gnome saying, fine, we're only gonna use funds from the one big beautiful bill act to enforce the policy, this policy to ICE facilities.
• 27:19
  Notice we're not gonna use the funding from that other appropriations law.
• 27:24
  We're gonna use this one, which doesn't have the impromptu congressional visit restrictions on it.
• 27:31
  Now, some members of Congress printed out the December decision by Mr.
• 27:35
  Cobb, uh Judge Cobb brought it with them to an ICE facility, but were turned away anyway, which led to this latest decision by Ms.
• 27:44
  Cobb.
• 27:46
  Now, uh Joe Negus, uh out of a representative of Colorado, he's the one who brought the lawsuit.
• 27:52
  Uh, of course, he's crowing about this.
• 27:54
  I'm guessing that um this may actually end up at an appeals court because I don't see uh the the Trump administration simply letting not just Congress members, but but the the the way the Congress members have done this as a a political grandstanding, right?
• 28:14
  Not so much as a fact-finding mission, not so much as oversight, but political grandstanding.
• 28:19
  I don't expect that to be allowed.
• 28:23
  And I expect this will eventually go to uh the circuit court, maybe even as far as the Supreme Court.
• 28:30
  We're gonna have to wait and see.
• 28:33
  And with a number of um uh of district court decisions, especially those involving immigration that have been overturned, either at the appellate or supreme court level.
• 28:45
  Um, who knows what's gonna happen at this point.
• 28:48
  What we're dealing with here is again not the application of the law so much as political maneuvering.
• 28:53
  Uh, you know, again, you have uh primarily democratic members of Congress trying to show boat political grandstand.
• 29:01
  That's what it appears to be to me.
• 29:03
  And now they've got a judge that says they can do this, and uh well, you've got an administration that says no, you can't.
• 29:13
  And um again, it's it's time, it's time to pay the lawyers.
• 29:18
  And since we're on this immigration, let's hit another story.
• 29:22
  This actually is a Supreme Court decision.
• 29:25
  Um involving immigration court judges, uh, and and cases of uh illegal aliens seeking asylum.
• 29:35
  Uh it it revolves around a case, uh Urius or orania versus Bondy, right?
• 29:42
  Uh A G Bondy, um, where an Umberto or alien is a Salvadorian national who fled his country and illegally entered the United States back in 2021, claiming he was facing violence in El Salvador.
• 29:58
  Um, he was dead.
• 30:00
  Designated to be removed by federal officials when he sought asylum because he thought his family faced persecution.
• 30:07
  Now here's where things get interesting from a constitutional standpoint.
• 30:10
  An immigration judge determined that the alleged violence this gentleman was faced did not amount to persecution, and therefore he did not qualify for asylum.
• 30:20
  Now, this decision was later affirmed both by the Board of Immigration Appeals and the First Circuit Court of Appeals.
• 30:28
  And what the Supreme Court decided basically concluded was that uh the immigration court's findings of fact were sufficient to satisfy the immigration and nationalization act's persecution standard, and therefore they should defer to the the um uh to the immigration judge.
• 30:51
  This is important for me for really one really important reason.
• 30:55
  Immigration judges are not real judges.
• 30:58
  Let me say it again.
• 30:59
  Immigration judges are not real judges.
• 31:04
  Now, under Article 3 clause section one, I believe, the the judicial branch is made up of the Supreme Court and such inferior courts as Congress may from time to time ordain and establish.
• 31:19
  The problem is, according to uh um the code of federal regulations, Title 8, section uh 1003.10.
• 31:29
  Immigration judges are attorneys whom the attorney general appoints as an administrative judges within the office of the chief immigration judge to conduct specified classes of proceedings, including hearings under section 240 of the act.
• 31:46
  So these are not part of the judicial branch, right?
• 31:50
  So this is not a court that Congress has established.
• 31:54
  These are judges that the Congress said the executive branch gets to establish.
• 32:02
  In other words, they aren't held to the same standard as what I would call a real judge.
• 32:07
  This is a fake judge.
• 32:08
  This is what's called an administrative judge, meaning they're not part of the judicial branch, they're part of the executive branch, which creates its own conflict of interest and problem with the separation of powers, because you have the executive branch not only executing the law, but controlling the judge that determines whether or not the executive branch followed the law.
• 32:32
  It's a blatant violation of the separation of powers.
• 32:36
  It's a blatant violation, and just because Congress passed it doesn't mean it's legal.
• 32:41
  In fact, it's illegal because it violates the Constitution of the United States.
• 32:45
  Um, Congress isn't authorized to create judges.
• 32:48
  They're create uh in courts inferior to the Supreme Court.
• 32:52
  In other words, Article III courts.
• 32:54
  Um, they aren't allowed to create courts under the executive branch.
• 32:59
  And um, again, this has gone on for decades.
• 33:03
  This is nothing new.
• 33:04
  But to me, that brings up an interesting question when you come to the Supreme Court saying, listen, the you have to defer to the executive branch.
• 33:11
  It's kind of like uh what they used to say.
• 33:14
  What um a chevron, the chevron uh deference, where the um the court would say, listen, don't pay so much attention to the law.
• 33:23
  We'll just defer to the executive agencies as to what is and isn't constitutional, what is and isn't legal.
• 33:29
  And yeah, that that got shot down by the court, but apparently they have not extended that to the idea of administrative judges and uh the the basic concept of separation of powers.
• 33:42
  Now, I don't know whether or not in this specific case, um the threats that uh this this poor gentleman, uhrias ornelia ornalia.
• 33:53
  I'm sorry, I'm mispronouncing it.
• 33:55
  I don't know if the threats he he faced rose to the legal level of persecution under the internet immigration national.
• 34:03
  I don't know because I don't know the details.
• 34:05
  What I do know is that uh initially the the uh immigration judge and the board of immigration appeals are not real courts, because they're not part of the judicial branch.
• 34:17
  These are executive agencies pretending to be courts.
• 34:21
  It was upheld by the First Circuit Court of Appeals, but the First Circuit Court of Appeals basically is saying, well, listen, you didn't break a rule.
• 34:30
  You know, the courts of appeals aren't courts of fact, they're courts of process.
• 34:34
  Did you follow the process?
• 34:36
  Yes, okay, that's fine.
• 34:37
  And that's kind of what the Supreme Court did as well.
• 34:40
  Uh, but nobody actually seemed to consider the fact that wait a second.
• 34:44
  Um did the Congress have the authority to create these fake courts.
• 34:51
  And as you see, you can have organizations other than government that use courts and other government entities to attempt to infringe on your rights.
• 35:00
  That's why there are certain companies I don't do business with anymore.
• 35:03
  Not because I don't like their product, but because they support organizations that are attacking my rights.
• 35:08
  And I don't want my money to go through that company to go to the organization attacking my rights.
• 35:13
  One company I do trust, Patriot Mobile.
• 35:16
  Yes, I joined them years ago, not because they're America's only Christian conservative wireless provider, though they are, not because they have great 4G and 5G coverage, but they do.
• 35:27
  Not even because they their customer support is 100% U.S.
• 35:31
  based, even though it is.
• 35:33
  Now, I joined them because they share my values, because they they support organizations fighting to protect our rights.
• 35:41
  Freedom of religion, freedom of speech, freedom of press, free to be secure from unreasonable searches and seizures, uh, free to be to not be deprived of life, liberty, or property without due process of law.
• 35:52
  I also like it that they support the sanctity of life, our veterans and our first responders.
• 35:57
  I liked it so much that not only to become a customer, I became an affiliate.
• 36:01
  Which means if you go to PatriotMobile.com slash constitution and you sign up for a plan, every time you pay your cell phone bill, you're helping to support the work we're doing here at the Constitution Study.
• 36:12
  Oh, by the way, use the code constitution at checkout.
• 36:15
  You'll get your new line activated absolutely free.
• 36:18
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• 36:19
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• 36:32
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• 36:36
  See if you're eligible for a discount.
• 36:38
  Everybody from veterans and first responders to families with multiple lines are eligible for discounts.
• 36:43
  So there's a little extra in there for you as well.
• 36:46
  Find out more, sign up by going to Patriot Mobile.com/slash constitution.
• 36:51
  Find a plan that works for you, find a discount that works for you, and don't forget to use that code constitution to checkout to get your new line activated absolutely free and support the constitution study and other organizations fighting for your rights by simply using your cell phone.
• 37:06
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• 37:09
  We live in the information age, but the news media, the corporate media, they've been lying to us for decades, and they've been caught.
• 37:16
  So where do we go?
• 37:17
  We've got so many sources of news.
• 37:19
  We need a source that we can trust and still verify.
• 37:22
  For me, that's America Outloud.news.
• 37:25
  I go there each and every day for news and information.
• 37:27
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• 37:28
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• 37:31
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• 37:34
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• 37:39
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• 37:47
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• 38:30
  To learn more, just visit barebar.com slash out loud.
• 38:35
  Oral hygiene hasn't changed in 50 years, but our diet and the way we eat has.
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  Creating an environment in your mouth for bacteria to wreck havoc on your teeth and gums.
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• 39:16
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• 39:31
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• 39:33
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• 39:36
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• 39:45
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• 40:01
  Welcome back, everyday Americans.
• 40:02
  You rejoin the Constitution study.
• 40:04
  And we've been talking about legal maneuvering.
• 40:06
  And there's a couple of stories I want to cover that I just thought these were interesting.
• 40:11
  The first deals with copyright law.
• 40:14
  Now, under Article 1, Section 8 of the Constitution, Congress has the power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
• 40:27
  In the case of writings, it's called a copyright.
• 40:31
  Pretty familiar with copyrights.
• 40:32
  I've been dealing with them a good chunk of my life because of the family business, but as an author, right?
• 40:37
  I have copyrights on my books.
• 40:40
  Now, here's where things get a little interesting.
• 40:42
  See, a Stephen Thaler, uh, he's a computer scientist out of Missouri, sought a copyright, wanted to register a copyright for a piece of visual art created by an AI system.
• 40:57
  And this brought up a question.
• 41:00
  Um do AI have the right to the to exclusive use of their content, right?
• 41:08
  Can they secure the exclusive right to their writings and discovery?
• 41:14
  Well, in this case, not discovery to their writings.
• 41:16
  Now, this went all the way to the Supreme Court, and uh the court decided that, you know, uh, we're not even gonna touch this case.
• 41:24
  Uh, I found that very interesting.
• 41:27
  Now, this started when uh, you know, again, uh Mr.
• 41:30
  Thaler submitted his application to the U.S.
• 41:32
  copyright office.
• 41:34
  Um, they declined, they rejected they didn't they didn't uh uh do this because there was not a human author, right?
• 41:43
  Uh he sued in federal court, they said no, copyright office is correct.
• 41:48
  Uh then they went to the appeals court, they said no, leaving the copyright decision case.
• 41:54
  And again, the Supreme Court said, uh, we ain't touching this.
• 41:57
  Uh so at this point, no, an AI cannot be issued a copyright, which by extension would mean they shouldn't be issued a patent either, either.
• 42:08
  And again, it's an interesting question.
• 42:11
  Congress does have the right to secure for limit times to authors and inventors.
• 42:17
  Which really brings up the question.
• 42:19
  Is it that uh the copyright office and the courts don't think that AI is legally an author?
• 42:26
  Or is it simply because they assume this has to be a person and um maybe the person who wrote the AI program could file for a copyright in their name.
• 42:36
  I believe if memory serves, because I looked at this case before, um, the copyright office offered to issue the copyright in the name of Mr.
• 42:44
  Thaler as the creator of the AI, but uh no, that's not what he wanted.
• 42:49
  He wanted AI recognition with enough humanness to be considered creative enough to create new content and therefore hold a copyright.
• 43:00
  Uh, next led over, let's head to Washington State.
• 43:04
  Um, where if you remember, uh there was a an Antifa anti-Israeli group um occupied and vandalized University of Washington's interdisciplinary engineering building, causing more than a million dollars in damages.
• 43:22
  Now, there were 33 members that were arrested, uh arrested last spring, and charged with uh or going to be charged with felony uh vandalism.
• 43:34
  However, the uh King County prosecutor's office uh basically turned it down to just uh criminal trespass in the first degree.
• 43:44
  In other words, they took it from felony to a gross misdemeanor.
• 43:50
  Now, I don't know about you.
• 43:51
  My first thought is you've got prosecutorial misconduct.
• 43:55
  But I did a little more digging.
• 43:57
  Uh a local radio station, Talk Radio 570 KVI, uh reviewed that the University of Washington police investigators said they didn't have enough evidence to support the felony charges.
• 44:10
  Um they had no eyewitnesses or surveillance footage capturing the actual property damage.
• 44:17
  And uh forensic review of electronic uh devices found no evidence that the suspects were actually that could tie the suspects to the actual damage.
• 44:30
  Therefore, the case was resubmitted for misdemeanor consideration, since they didn't actually have the evidence to tie them to the actual damage.
• 44:39
  Now, police records show that the building takeover was organized by students tied to student uh student united for Palestinian equality and return.
• 44:50
  Uh, this was a an anti-Israeli student group that claimed responsibility for the occupation and the protest of the university's relationship with Boeing because Boeing does business with Israel.
• 45:03
  Uh so yeah, this is uh again a racist anti-Semitic organization, big surprise.
• 45:09
  Um, and again, I I'm disappointed.
• 45:14
  I don't know whether maybe maybe there was no, if there was no evidence leaking them to the crime, I understand that the the drop the lowering of the charges.
• 45:26
  Um again, they're assumed innocent until proven guilty.
• 45:30
  They don't have to prove themselves innocent.
• 45:32
  The government has to prove them guilty.
• 45:35
  And as racist and bigoted and generally nasty as this group seems to be, if you don't have the evidence of the vandalism, the destruction of private property, then yeah, you don't really have the felony level charges.
• 45:52
  Um again, the the the fell the criminal trespass um is supported by the fact that they were there without permission and refused to leave.
• 46:02
  So there's evidence of that.
• 46:04
  So again, my first response was oh, not another crazy left-wing prosecutor.
• 46:09
  But again, if the evidence isn't there, the evidence isn't there.
• 46:13
  Now, I'm assuming that the university police did a proper investigation.
• 46:19
  Um, maybe just the uh the miscreants that committed the vandalism were smart enough to hide what they're doing to uh um you know keep it out of sight where there wouldn't be evidence.
• 46:31
  It wouldn't be the first time criminals were smarter than we maybe thought they were.
• 46:37
  And as disappointed as I am that there won't be felony charges, I can't, you know, you know, give if they don't have the you know, the government has a burden of proof for a reason.
• 46:47
  And if they don't have the evidence, they don't have the evidence.
• 46:50
  But this next story is wow.
• 46:53
  This one, I mean, uh I wouldn't be surprised if this one ends up as a TV mini-series.
• 46:59
  Aaron Spencer is running for county sheriff in in Arkansas.
• 47:06
  Now, again, that's not a big deal, right?
• 47:08
  You do county sheriff.
• 47:09
  I'm uh I've got people running for sheriff in my county.
• 47:12
  Um he's running he who won the Republican primary for his run for uh sheriff.
• 47:19
  The the what makes this unique is that he is currently awaiting trial for murder.
• 47:27
  Now that gets people's attention, right?
• 47:30
  This guy is waiting, he's waiting for a trial date for murder, and he got over 53% of the vote in the Republican primary, beating out the long-term incumbent who got just over 26%.
• 47:45
  So I mean, double his opponent.
• 47:48
  This is according to the Arkansas Secretary of State.
• 47:51
  But as I said, he's awaiting trial on secondary murder charges that will likely be held before the general election in November.
• 48:01
  Now, he's on trial for a fatal shooting in October of 2024 of a 67-year-old man who was out on bail.
• 48:09
  Um, that's after he was charged with multiple counts of sexually abusing uh Mr.
• 48:16
  Spencer's then 13-year-old daughter.
• 48:19
  And Spencer admitted he killed the man, but he pled not guilty.
• 48:23
  Uh, in commenting on his run for sheriff, uh, he told CNN, he said, I saw all the things that were happening, not with just my own case, but with other people that reached out and shared their stories of abuse.
• 48:36
  I felt called to do it.
• 48:38
  I will struggle with sitting it out and not doing something.
• 48:42
  Now, he says he listened he just did what any good father would do.
• 48:46
  Uh this person was accused of repeatedly sexually abusing his daughter uh multiple counts.
• 48:54
  He was out on bail.
• 48:55
  I don't know the details of the shooting, but he said he felt justified.
• 48:59
  And apparently he's not the only one.
• 49:02
  His prosecution has sparked outrage in in on social media and led for several petitions calling for him for the charge against him to be dropped.
• 49:12
  It's also apparently prompted conversations across Arkansas about a parent's legal limits in protecting their child.
• 49:21
  One resident said, being a parent myself, I can understand how he felt when his daughter was going through what she was going through.
• 49:30
  But he's charged with murder.
• 49:33
  As a law enforcement officer, I don't want somebody that's gonna be trigger happy.
• 49:37
  I want somebody that's gonna take the emotion out of it and follow the law in every circumstance.
• 49:42
  So uh again, this is it's a terrible story, right?
• 49:46
  Uh, Mr.
• 49:47
  Spencer found that his daughter was missing from her room after midnight.
• 49:51
  Um he jumped in his truck, he was searching for his daughter when he spotted her with this man in.
• 50:00
  In a vehicle.
• 50:01
  And uh after a confrontation, shot him.
• 50:06
  Now, the alleged abuser uh was facing 43 criminal counts in this case alone, uh, including internet stalking of a child, sexual assault, sexual indecency with a child, and possession of sexual porn of um of uh possession of child pornography.
• 50:23
  He was released on $50,000 bail and ordered not to have any contact with Mr.
• 50:27
  Spencer's daughter as he awaited trial.
• 50:31
  Now, Spencer argued that $50,000 is too low for someone accused of multiple counts of child abuse.
• 50:38
  And the fact that he completely ignored the order to stay away from Spencer's daughter kind of may make his point.
• 50:47
  But he also said something which got my attention.
• 50:50
  I mean, beyond the horrific story of what was going there.
• 50:52
  He said that before his daughter's sexual abuse, he had no interest in politics.
• 50:58
  It took him weeks to win his family support to run for sheriff while preparing for trial.
• 51:04
  He he said uh you're they told him you were crazy.
• 51:07
  Why would you do this?
• 51:08
  We already have enough going on.
• 51:10
  He says this was not a calculated step.
• 51:12
  I've seen firsthand affairs in law enforcement.
• 51:15
  I'm a man of character.
• 51:16
  I can't sit here and watch others, other neighbors and friends go through the same thing because I know how hard it is to go through it.
• 51:24
  So this is going to be interesting.
• 51:27
  All right.
• 51:27
  You've got a secondary murder trial in the middle of a campaign for sheriff's office.
• 51:34
  You've obviously got people that are emotional on both sides.
• 51:39
  I I'm I don't I don't know how this would.
• 51:41
  I'm kind of curious.
• 51:43
  I'm curious what the people of I think it's uh Lenoke County when they look at this and say, yeah, what this guy did was defend his daughter.
• 51:52
  Uh this guy was was uh in violation of his bail order.
• 51:56
  I don't know what happened during the confrontation or what ultimately led to uh this man uh shooting and killing him.
• 52:05
  But as a father, I can certainly understand the emotional part of it.
• 52:09
  We but as the one that residents said, you know, we see yet as a as a sheriff as a law enforcement officer, you have to put the emotion away and follow the law.
• 52:19
  So hopefully more details will come out in trial, and um we'll have to we'll have to see.
• 52:25
  But it it caught my attention of the one way to deal with with this is to see what's going on and finally say, even though I'm on trial for murder, I'm gonna put my name forward to be to be sheriff.
• 52:38
  And uh I don't know.
• 52:41
  There's part of that that sees just someone standing up for what they think is right, both to protect their daughter and apparently to protect his neighbors as well.
• 52:49
  I'm curious what you think about that, because again, this is the type of thing that creates strong emotion on both sides.
• 52:57
  There are those that would say, you know, it was wrong for him to shoot, even not knowing the details of the shooting yet, because that hasn't been found out in court.
• 53:06
  There were others, I'm sure there are many guys that would be more than happy to just shoot or just beat the snot out of this guy after being uh alleged abusing his daughter, being told to stay away from her, and then finding her in a car with him.
• 53:23
  I also have to wonder why.
• 53:25
  Why was the daughter still going back?
• 53:27
  I there's there's certainly a lot going on here, and I'm kind of curious what you think.
• 53:35
  But the the I I agree as a father, I would want to protect my daughter in any way, shape, or form.
• 53:42
  Um going to jail would be secondary to protecting my daughter.
• 53:46
  That would be my priority, would be my daughter each and every time.
• 53:50
  But also as a citizen, I want law enforcement to follow the law.
• 53:55
  So we'll have to wait and see.
• 53:57
  Um, because I really don't know what I would have done in that situation.
• 54:01
  I don't think any of us really, I mean, we may think we know, but I don't think we really do know.
• 54:06
  I think part of it is we we really need to prepare to figure out what we would do, maybe not in that specific, but in other situations.
• 54:15
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• 54:19
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• 54:29
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• 54:34
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• 54:37
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• 54:51
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• 54:53
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• 54:59
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• 55:11
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• 55:21
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• 55:22
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• 55:24
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• 55:28
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• 55:52
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• 55:56
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• 56:01
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• 56:15
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• 56:18
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• 56:36
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• 56:42
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• 56:48
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