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When branches clash: Who really holds power? · 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.
• 0:30
  We all know that the federal government is made up of three coeval branches.
• 0:36
  That's not true.
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  But what happens when the weaker two branches disagree?
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  Hello there, everyday Americans, Paul Engel here with the Constitution Study, where we read and study the Constitution, teacher I can generation be free.
• 0:49
  Glad you could join me today.
• 0:51
  I've got several articles that's popped into my newsfeed that, well, it mostly deals with disputes between the executive and judicial branches, the two weaker branches.
• 1:04
  Now, I know people are like, what do you mean, Paul?
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  How could that possibly be?
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  I thought we have three, we all know we have three coequal branches.
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  Well, you're correct, they have that we have three branches, but they are in no way equal.
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  Think about it.
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  Look at the Constitution.
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  The largest article in the Constitution is Article One, the one that creates and establishes the basic powers of the legislator, Congress.
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  Article 2, one of the next largest, is up and establishes the power for the executive, the president.
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  The third and one of the smallest articles sets up and sets the powers for the judiciary, the courts.
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  So uh, yeah, okay, it's the size matter.
• 1:52
  Well, how about this?
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  You look at the powers delegated, the number of powers delegated that are actually delegated to these branches, and you'll find almost all the powers delegated by the Constitution to the United States are delegated to Congress.
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  And most of the powers that are delegated to the president, he can only do with the advice and consent of the Senate, part of Congress.
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  That's not enough.
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  Consider this.
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  Neither the president nor the federal courts can remove a member of another branch of government.
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  However, Congress can.
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  They can impeach and try and remove a member of the executive or the judicial.
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  So we have three powers.
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  And again, they're not co-equal.
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  And I think sometimes we lose that.
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  It kind of gets lost in the rhetoric, but it's important to understand that.
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  So we've got the the two lesser branches, the two less powerful branches, the executive and the courts, and sometimes they disagree.
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  Now, if you want to understand this better, I go all the way back to the case of Marbury versus Madison.
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  If you've dealt with constitutional law for any length of time, you've probably heard of the case Marbury versus Madison.
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  It goes all the way back to the early 1800s when John Adams lost his uh his uh race to um repeat as president, his second to have a second administration, his second term, he lost to Thomas Jefferson.
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  Before he actually left office, he tried to pack the courts.
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  He appointed all every court, everything from you know uh federal judges, district court judges to well, justices of the peace.
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  And he got them uh approved by the Senate, the advice and consent of the Senate.
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  The Senate consented to these appointments, but there's a problem.
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  You see, the the Adams' Secretary of State, don't remember who that was.
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  He never signed the commissions.
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  You heard the old saying, the job's not done until the paperwork is done.
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  Well, guess what?
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  The job wasn't done because the paperwork didn't get done.
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  So Adams is out in his entire administration.
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  Jefferson comes in, and his Secretary of State was John, well, it was James Madison.
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  He walks into his office, he sees this pile of judicial commissions that have not been signed and sealed, meaning they haven't been executed, and he refuses to sign them.
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  He refuses to affix the seal of the United States to these commissions, which means these people are not actually judges.
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  Well, one of the justices of the peace, one who would have a commission for the justice of the peace, a gentleman by the name of Marbury, sued, saying, We've been appointed, it's been approved by the Senate.
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  This is a paperwork issue.
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  We want the courts to force Mr.
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  Madison to sign and seal these commissions because we've done everything we've needed to.
• 4:57
  And if you have spent any time looking at constitutional law, you've probably heard the saying, well, my reverses Madison, that's where the Supreme Court gave to itself the power of judicial review.
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  That means they get to review any law and give their thumbs up and thumbs down.
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  Except that's not exactly what happened.
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  I read the opinion in Marbury versus Madison.
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  Two things that are important.
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  First is, yes, they do mention judicial review.
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  They say, yes, we obviously have juice.
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  When we're looking at a case, we have to review all the laws related to the case.
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  And when laws are in conflict, we have to decide which law predominates.
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  That's the that was it.
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  The second thing they said is um, guess what?
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  Although Congress said we could issue a writ of mandamus and order to the executive branch, the constitution doesn't give us that authority, therefore, Congress's law was unconstitutional and therefore void.
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  So as much as we agree that Mr.
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  Marbury is correct, he has done everything necessary to warrant that commission.
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  We don't have the legal authority to order and part of the executive branch to do that.
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  I want you to think about that as we sit through today's news and you have judges, all sorts of federal judges saying we order the the part of the executive branch to do this and do that.
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  Well, if they actually read their own precedent, they'd find that's not that's not the case.
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  Because you have to remember, courts are weak.
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  The judiciary is weak to quote uh uh Alexander Hamilton in Federal 78.
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  He says, whoever attentively considers the different departments of power must perceive that in a government in which they are separated from each other, the judiciary from the nature of its functions will always be the least dangerous to the political rights of the constitution.
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  Lord, I wish that were true.
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  The courts have gone crazy and they are very damn uh dangerous to our rights, but that's something else.
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  Uh going back to Mr.
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  to Mr.
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  Hamilton, he says, because it will be the least incapacity to annoy or injure them.
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  The executive not only dispenses the honors, but holds the sword of the community.
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  The legislature not only commands the purse but prescribes the rules by which the duties and rights of every citizen are to be regulated.
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  The judiciary, on the contrary, has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever.
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  It may truly be said to have neither force nor will, but merely judgment, and must ultimately depend upon the aid of the executive arm, even for the efficacy of its judgments.
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  So when we have a again, most of the powers in Congress.
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  The president has some powers, but most of them he has to do with Congress.
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  Not all of them.
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  He can pardon, uh, he can call an emergency session of Congress.
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  Uh, he accepts foreign and you know, ambassadors and other public ministers, but pretty much everything else he has to do with Congress.
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  But Paul, he's the commander-in-chief.
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  That's correct.
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  But it's Congress that says the rules for the military.
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  The rules and regulations of the military are created by Congress.
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  His job is to execute them.
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  He's the chief executive.
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  So, what do we talk about when I talk about with these these uh um these things?
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  Well, the first one we look at actually deals with the sheriff.
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  I've pointed out for years here on the constitution study that the sheriff is the most powerful law enforcement officer in the county.
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  They the chief law enforcement has the most power.
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  And most sheriffs I know, well, they don't really understand that their power, and well, I would say don't always exercise that.
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  Well, except now we've got uh we got an issue in of all places, Las Vegas.
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  Now, again, this is a little confusing to me because it's a dispute between the Metropolitan Police and a court, but they keep referring to the sheriff.
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  So let me explain.
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  Uh apparently there's this gentleman, a uh Joshua Sanchez Lopez, who um, well, the judge the court has ordered him to be released and placed on electronic monitoring.
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  But there's a problem.
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  See, Metro police told the judge that they refused to release Sanchez Gomez in defiance of his order.
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  They cited previous incidents where Mr.
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  Sanchez Lopez failed to appear in court, violated the department's program, and in one instance, he actually mocked the police after posting a photo of his ankle monitor on Snapchat.
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  Now, Judge Goodman was not happy with this.
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  He, in fact, he threatened to hold the cops in contempt of court.
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  And this is where things get interesting because Metro police are claiming that the decision to keep Sanchez Lopez uh is a power granted to the sheriff by state law.
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  Now, police departments are generally run by chiefs, not sheriffs.
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  That's why I said there may be something weird in Nevada that says, you know, the sheriff, maybe he's being held in a county facility.
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  I didn't, I didn't see this.
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  Now, of course, the um Mr.
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  Sanchez Lopez is a public defender.
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  He vehemently disagrees.
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  He says that Metro's argument is flat wrong.
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  This is the job of the elected judge to decide whether someone charged with a crime should be released and under what conditions.
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  He also said that the idea that a Metro employee can overrule a judge's release order and keep someone locked up, should worry anyone who believes in the constitution and the rule of law.
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  And I I see his point.
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  But you have to remember that this is a you know, okay, he's an elected judge.
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  Fine.
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  He's still a judge.
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  He decides cases and controversies.
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  He does not enforce the law.
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  As we've already said, a judge is ultimately dependent on the executive arm for the efficacy of their decisions, and the executive arm.
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  Well, that would be the police and/or the sheriff.
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  Now, according to the general counsel for Metro Police Department, he says, we have to take a look at that and say, is this somebody who our electronic supervision program can monitor safely in the community?
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  There's absolutely competing narratives about public safety occurring in our community.
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  There's different approaches to it.
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  Now, the governor of Nevada, a Joe Lombardo, actually is backing the police.
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  He made a statement where he said, uh, Sheriff McMahon and the men and women of Metro are doing exactly what they've sworn to do.
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  Protect the public.
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  When repeat violent offenders are ordered back onto our streets, law enforcement has a duty to speak up and push back.
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  I fully support support LV MPD's decision to take this issue to the Nevada Supreme Court and fight for public safety.
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  I stand with law enforcement.
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  Uh the general counsel, Mr.
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  Dickinson said, also said he says the safety of our office is paramount.
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  Well, there's problem number one, but yeah.
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  Uh he said the safety of the public is key, and the key here is Sheriff McMahon will not violate the law to appease the Las Vegas Justice Court and let out people who he deems to be dangerous.
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  We have a system that's set up so people can get out of jail quickly.
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  And sometimes there just needs to be a little bit more thought given to it because lives are on the line.
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  So let me stop and back up for a second.
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  So this basically is a pissing match between a judge and a police department, including the sheriff.
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  Not sure, you know, if he's an elected sheriff of the county, that's he's the chief law enforcement officer.
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  But we also have to remember that uh Mr.
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  Sanchez Lopez, he has rights.
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  Even though he's apparently he's a multiple, he's been a multiple convicted felon, and um has been convicted on by this court.
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  Um, well, actually, he's not convicted.
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  He's this is a question of bail.
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  Sorry.
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  Almost forgot.
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  So it's um it's interesting.
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  He's been, he's been, I'm assuming indicted.
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  Uh, if you're talking about an ankle monitor, I doubt you're talking about a misdemeanor.
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  Um again, I don't have the details of this particular case, other than this argument between two branches of Nevada government.
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  Um, in a judicial branch and an executive branch.
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  So to me, the question is, okay, he's been indicted.
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  Um, if he posts bail, is I'm torn.
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  Because on the one hand, is the judge being lenient when you have somebody who has violated those orders before.
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  Seems to me a little lenient that that does, but is he doing it based on Nevada law?
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  I don't know.
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  I'm not an attorney in Nevada, so maybe Nevada law says, yes, we we have to to do this, kind of like you know, they've done in New York City, where they release sometimes even violent felon violent people alleged of violent felonies onto the streets because of jail overcrowding or whatnot.
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  On the other hand, I do see the police departments.
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  This is a man who has repeated, he has multiple charges.
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  He has uh apparently um repeatedly uh violated um or at least been a problem with the the electronic monitoring.
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  Um to me that you know I I kind of see both sides.
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  And without enough details, I'm not ready to come to it to a decision yet.
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  I I because that to me, there's just not enough detail in here.
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  I don't know if Nevada law, if I don't know if the judge is following Nevada law or if he's just been given this discretion and it's his decision.
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  But I know he's a judge, not a ruler, meaning his decisions are not law.
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  Now, I also know that in order for a um a law enforcement entity to take someone into custody, they must have probable cause that they've been involved in a crime.
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  I mean, he's been charged with grand larceny uh of a motor vehicle.
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  That's a crime.
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  Um, you know, he's he's got and he's got uh uh previous convictions for involuntary manslaughter and drug charges.
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  It seems like a dangerous person.
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  But I don't know if this is a problem that the legislature has created because of the vagaries of how they're written their law, or if you just got two branches of government with opposite opinions.
• 15:46
  To me, okay, he's gonna go to the Supreme Court, really comes down to well, what has the what is has the legislator passed?
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  What is the actual law of the land?
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  Based on that, we could probably come up to a reasonable decision about which of these two are correct.
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  Um I see both sides.
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  I might lean a little bit more towards the police, but I don't have enough evidence.
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  I don't have enough data to make a firm decision one way or the other.
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  And I think I think it's important that we recognize that sometimes we need more data.
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  We need more information before we make a decision because I'm I'm sure there are a lot of people that are simply jumping to oh, the thin blue line, we've got to protect the police.
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  They know best.
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  While others are looking going, oh no, no, no, we got to listen to the judges.
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  The judges, the judges issue rulings.
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  Their rulings are law, which they're not.
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  They neither rule nor do they issue laws.
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  So I wanted you to think about that to see we're dealing with that with that battle, that conflict.
• 16:44
  And uh, we'll see if more of news comes, we'll I'll bring that along too.
• 16:49
  Now, listen, I have a break coming up.
• 16:51
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• 16:57
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• 17:04
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• 17:09
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• 17:12
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• 17:15
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• 17:18
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• 21:37
  Welcome back, everyday Americans.
• 21:38
  You've rejoined the Constitution study.
• 21:40
  Today we're looking at the battle of the branches, the feuds between the executive and judicial branches of the United States.
• 21:47
  And I got another one for you.
• 21:49
  We talked about what was going on in Las Vegas.
• 21:51
  This one involves the CDC.
• 21:54
  Now, I reported before on how uh uh the CDC has updated their their childhood vaccine recommendation schedule um to remove or move things from recommended to talk to your doctor, right?
• 22:11
  And of course, if you're making a lot of money off of vaccines, that's probably a problem.
• 22:16
  So uh it's not too surprising that uh uh this led to a lawsuit.
• 22:23
  Uh this was filed by the American Academy of Pediatrics, and surprise, surprise, it was filed in the district court for the district of Massachusetts.
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  Why?
• 22:35
  Because one of the judges there is Judge Brian Murphy.
• 22:38
  We've talked about him before and some of the crazy ideas he's come up with.
• 22:44
  Now, uh uh the judge, again, Judge Murphy, uh, he said in his decision, Congress has required ACIP.
• 22:52
  This that's the uh um the the advisory committee on immunization practices.
• 22:58
  Congress has required ACIP's involvement in the issuance of the immunization schedules.
• 23:03
  The CDC must at least consider ACIP's recommendations before adopting an immunization schedule and following or failing to follow the requirement is reviewable by this court.
• 23:13
  See, that was the first question.
• 23:15
  Could the decision by HHS actually be reviewed?
• 23:19
  Could the CDC review uh could this decision be reviewed by a court?
• 23:25
  Now, it should not surprise you that uh officials at HHS said no, the court can't review this, but of course, Judge Murphy says, Oh, yeah, I can review this, I can review anything I want.
• 23:37
  But I want you to see what's going on here.
• 23:39
  So, first of all, um, Mr.
• 23:41
  Murphy has a bit of a misnomer.
• 23:45
  Okay, because notice he says the CDC at least must consider ACIP's recommendation before adopting an immunization schedule.
• 23:54
  Well, it's not an immunization schedule, it's a recommendation schedule.
• 23:59
  In other words, these are the CD's recommendations.
• 24:01
  There is nothing in the CDC's document that requires people to get this immunization, which of course begs the question, then why is the American Academy of Pediatrics suing?
• 24:14
  Right?
• 24:15
  This was simply a recommendation.
• 24:17
  It doesn't, it doesn't compel parents to do this.
• 24:20
  Now, there are a lot of school districts and other functions that require you follow the CDC's recommendation in order to go to school.
• 24:28
  That's a whole nother issue.
• 24:31
  But you have uh how does the American Academy of Pediatrics have standing?
• 24:36
  How are they harmed by a change in the recommended schedule for these immunizations?
• 24:45
  Uh uh unless they're getting kit pack kickbacks, I don't know how they're harmed.
• 24:51
  So they shouldn't have standing, but we're not going to let that little technical detail get in the way.
• 24:57
  Now, he he also said, well, the update was was arbitrary and capricious because it abandoned the agency's long-standing practice of getting recommendations from ASIP before changing the immunization schedule without sufficient explanation.
• 25:11
  Now, hopefully you won't be surprised when I remind you that uh Judge Murphy cited in a previous case with the American Public Health Association over Kennedy's remaking of the ACIP.
• 25:22
  By the way, the ACIP, which is on record as ignoring the recommendations of qualified physicians in their recommendations to the CDC.
• 25:35
  They were on record as, you know, uh, I think it was uh Dr.
• 25:38
  Peter McCullough was saying, you know, hey, this can cause heart issues.
• 25:43
  We're just going to recommend it anyway.
• 25:45
  It became a rubber stamp.
• 25:48
  But I go all the way back to the beginning because I want to remind Judge Murphy of something.
• 25:52
  You took an oath to support the Constitution.
• 25:54
  Nothing in the Constitution authorizes the federal government to recommend a vaccine schedule to make any medical decisions for anyone.
• 26:02
  So this is all ado about it.
• 26:04
  This is an unconstitutional agency created to do unconstitutional things that this judge is putting in place.
• 26:10
  Again, it's a recommendation.
• 26:13
  I'm still trying to figure out where the the American Academy of Pediatrics is harmed by the fact that the CDC recommends that doctors talk with their patients or their patients' parents, because it's it's child anonymization.
• 26:28
  Um why also notice this that the CDC must consider their recommendations, not that they follow their recommendations.
• 26:39
  So they look at the ASIP recommendations and they say, nah, I don't think so.
• 26:43
  That's perfectly legal.
• 26:45
  It seems to me, Mr.
• 26:46
  Kennedy just heard that uh the tyrants in the CDC are not following the tyrants in the ASIP to have the government dictate to people what drugs are good, what stuff they're gonna stick in their children's arm.
• 26:59
  I also want to remember, remind you that uh Mr.
• 27:02
  Murphy does have a habit.
• 27:03
  He's got a lot of decisions that were overturned at the circuit court.
• 27:08
  I I think rightly because his decisions seem to be more political than legal, right?
• 27:16
  ACIP made a recommendation.
• 27:18
  We disagree.
• 27:19
  You can't disagree with the ASIP, you're supposed to follow the recommendation.
• 27:22
  No, they make recommendations.
• 27:24
  We decide whether or not to follow them.
• 27:25
  By the way, um, my family, we we ignored the CDC's childhood vaccine schedule.
• 27:30
  And I know a lot of families that do because it's a recommendation.
• 27:35
  It is not an order, it is not a law, it is not a requirement.
• 27:40
  Uh, let's look at another one.
• 27:41
  There's another federal court, this time out in um, I think it was in Colorado.
• 27:46
  So the the USDA, the the U.S.
• 27:49
  Department of Agriculture, illegal unconstitutional agency, does not legally exist.
• 27:54
  It was it was created by an unconstitutional law.
• 27:57
  Uh, they regulate the supplemental nutrition assistance program, the SNAP program, often referred to as as food stamps.
• 28:05
  Now, the USDA um ordered the state of Colorado to recertify their low-income families receiving SNAP or risk losing money from the federal government.
• 28:19
  Why did the U.S.
• 28:20
  do this?
• 28:21
  Well, they say there's we're worried about fraud.
• 28:24
  Did they have evidence of fraud in Colorado?
• 28:26
  I don't know.
• 28:27
  The article doesn't say so, at least not what I've read so far.
• 28:30
  So the USDA says you need to recertify, which again, they got like a hundred thousand snap recipients.
• 28:39
  And this involves no small amount of work.
• 28:41
  I mean, they've got to carry out in-person interviews, um, to recertify in five different counties to recertify that these people are eligible.
• 28:50
  And they only got 30 days to do that, which according to state attorneys, it's impossible.
• 28:58
  Now, a district judge R.
• 29:00
  Brooke Jackson issued a preliminary injunction uh preventing the USDA from requiring this recertification.
• 29:10
  Uh, reading from the judge's order, confronted with a choice between, in its view, attempting to comply with USDA's impossible and unlawful demands or face devastating and unlawful sanctions.
• 29:20
  Colorado filed a motion for preliminary injunction, which the judge gave.
• 29:26
  He said, Yeah, I I think this is a problem.
• 29:29
  And in fact, the judge says that Colorado's likely to win um the overall case, which is why he issued the the preliminary uh injunction.
• 29:40
  Um, again, I look at this going.
• 29:42
  Okay, I want to see what Colorado's basis was for requiring the recertification and the logic behind the 30 day time limit.
• 29:51
  I mean, this could again just be we I remember you had Minnesota, and you had the the billions of dollars in fraud.
• 30:00
  In Minnesota.
• 30:00
  A lot of it in their Medicaid and Medicare.
• 30:03
  But was there also in SNAP?
• 30:06
  Is the USDA kind of knee-jerk reaction to that?
• 30:09
  Or is there something else going on?
• 30:12
  Um I'm not entirely sure.
• 30:15
  I don't have all the information that the judge did.
• 30:18
  So I'm not I'm not really sure, but it does seem like 30 days is not a lot of time to re-interview 100,000 people.
• 30:26
  Um unless the USDA has a reasonable articulable suspicion that there is fraud amongst these 100,000 recipients.
• 30:37
  What is the basis of this demand?
• 30:40
  So I'm I'd say I kind of leading towards Colorado as far as the time frame to require recertification.
• 30:47
  If they gave them 12 months to do that, maybe that'd be less of an issue.
• 30:51
  Gave them six months to do that, maybe that'd be less of an issue.
• 30:54
  Maybe it's a time issue.
• 30:55
  But not having seen color or the USDA's evidence of their regional articulate suspicion.
• 31:02
  Uh again, I'm not entirely sure.
• 31:05
  And remember, this is not about giving an answer.
• 31:08
  Sometimes it's about asking the right questions and whether or not the argument between the two branches has merit.
• 31:17
  And understanding maybe sometimes you just need some more information.
• 31:21
  Here's another one.
• 31:22
  I kind of like this.
• 31:23
  All right.
• 31:23
  So the Department of Veterans Affairs apparently said they were terminating their collective bargaining agreement with the uh National Veterans Affairs Council, uh, which is part of the American Federation of Government Employees Union.
• 31:42
  And uh the council represents about 300,000 employees in Veterans Affairs.
• 31:47
  Now, why did the VA do this?
• 31:50
  Because remember, VA gets a lot of bad rap for a lot of things.
• 31:54
  Uh there they are they often get the bad rap for all the bad things that happen in VA hospitals with our veterans.
• 32:02
  But here's what they said.
• 32:04
  Um the VA employee said that they wanted to terminate their their collective bargaining agreement with these bargaining unit employees to quote, make it easier for VA leaders to promote high performance employees, hold poor performing poor performers accountable, and improve benefits and services to American veterans.
• 32:24
  That sounds like a good cause.
• 32:26
  Listen, we want to promote those who are doing a good job.
• 32:29
  We want to get rid of those, or at least hold accountable those who are not doing a good job because we want better benefits and services to American sounds like a wonderful goal.
• 32:40
  Now, they did this following Trump's executive order 14251, which excluded some federal agencies from labor management relation programs.
• 32:49
  I don't know that it had the legal authority to do that.
• 32:52
  I haven't dug that deeply into it, but um again, I think that public employee unions are terrible because you basically have this incestuous relationship with the people looking for these collective bargaining agreements, are also the ones funding the politicians that keep putting these uh people in these positions.
• 33:16
  So I think there's a basic conflict of interest.
• 33:19
  Now, a a federal judge, uh Melissa R.
• 33:23
  Du Bois of Rhode Island issued an injunction temporarily requiring the department to honor its master collective barging agreement with the uh National Veterans Affairs Council until the case could be heard incomplete and decided.
• 33:39
  Um again, I don't have all the details of the case, so I don't know.
• 33:43
  You know, the judge is looking at this.
• 33:45
  Do the the National Veterans Affairs Council, do they truly have a good chance of winning?
• 33:51
  Or is this just another example of a judge placing their thumb on the scale and ordering an executive agency to do something, which I thought the Supreme Court said in Marbury versus Madison something the courts couldn't do, order in a member of the executive branch to do something?
• 34:08
  I guess they forgot that over the years.
• 34:10
  That's that that's old when it's inconvenient.
• 34:13
  It's important when they need it, but it's old when it's inconvenient.
• 34:17
  But again, this is another one I don't have all the details.
• 34:19
  So I can't give you a nice clean answer.
• 34:22
  And I think that's important is sometimes the issue is not the details of the case.
• 34:29
  It's the the overarching idea of courts ordering uh um the federal executive agencies around and is are being done based on true legal issues.
• 34:44
  Is it being done on precedence, tarry decisis, or is it being done merely for political agendas?
• 34:52
  And that's the important point, right?
• 34:54
  It's it's it's the same thing with the Las Vegas case where the judge says you have to release them, and the police say he's dangerous.
• 35:04
  We can't release him.
• 35:05
  That makes no sense.
• 35:07
  Again, a lot more details would be needed on the individuals, but I want you to think about what happens.
• 35:12
  Can a court supersede an executive branch?
• 35:14
  Do courts rule over the executive or not?
• 35:19
  Because if Mr.
• 35:20
  Hamilton was correct and the courts require the executive arm to even make their their decisions happen, how do they get to rule over them?
• 35:31
  It seems like a conflict right there.
• 35:34
  And one that I do think uh needs to be explored more by well, we the people.
• 35:41
  Because ultimately, these people work for us.
• 35:45
  Now, listen, I have another break coming up, but before I go, I want to ask you who do you do business with?
• 35:52
  Do you look at and vet the companies you do business with?
• 35:55
  Do you look at who they support and what what policies they're promoting?
• 35:59
  I do.
• 36:00
  There's several companies I don't do business with anymore because they were supporting policies I could not abide by.
• 36:07
  Now, there is one that I did join a few years ago.
• 36:09
  It's called Patriot Mobile, America's only Christian conservative wireless provider.
• 36:14
  Now, I didn't join them for their 4G and 5G coverage, which is great, by the way.
• 36:18
  I didn't join them because their customer support is 100% U.S.
• 36:21
  based.
• 36:22
  It is.
• 36:23
  No, I joined them because we share values.
• 36:27
  They support organizations fighting to protect my rights, my family's rights, and my neighbors' rights.
• 36:33
  Freedom of religion, freedom of speech, freedom of press, free to be secure from unreasonable searches and seizures, freedom to to be to require due process before you're denied life liberty or property.
• 36:44
  By the way, they also support the sanctity of life, which I do.
• 36:47
  They support our veterans and our first responders.
• 36:51
  Join me today by going to PatriotMobile.comslash constitution, find a plan that works for you, and see if you're eligible for a discount.
• 36:58
  Everyone from veterans and first responders to families with multiple lines are eligible for a discount.
• 37:04
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  Oh, by the way, use the code Constitution at checkout.
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  So join me in helping to protect our rights by supporting organizations that are protecting our rights simply by using your cell phone.
• 37:24
  Go to PagerMobile.com slash constitution, find a plan and discount that worked for you.
• 37:29
  Don't forget, use that code Constitution at checkout, get your new line activated absolutely free, and defend and protect your rights with your cell phone.
• 37:37
  Now, I also hope you'll head over to AmericaOut Loud.news.
• 37:40
  Yes, I go there each and every day for news and information.
• 37:43
  And not just for the radio program or for the website, but because corporate media has been lying to us and it keeps being exposed as lying to us.
• 37:52
  We live in the information age.
• 37:54
  We have access to more knowledge at our fingertips than all of human history.
• 37:59
  But where do we go?
• 38:01
  How do you know who to trust?
• 38:02
  How do you know who's worth the time verifying?
• 38:05
  For me, America Out Loud is one of those sites.
• 38:08
  AmericaOut Loud.news is a place I go because I trust the stories I get.
• 38:12
  I still go and verify them.
• 38:13
  They're still human, but it's a trusted place for news and information.
• 38:17
  But I want you to do a bit more.
• 38:19
  Sure, read the stories and articles, but share them as well.
• 38:23
  Listen to the podcast, watch the videos.
• 38:25
  There's great content there.
• 38:27
  Share what you find.
• 38:28
  You'd be surprised how often someone will say, I never knew that was going on.
• 38:32
  Yeah.
• 38:33
  That's why it's so important that we share this information.
• 38:36
  It helps secure the blessings of liberty for all of us.
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• 40:39
  Welcome back, everyday American Jewry.
• 40:41
  Join the Constitution study.
• 40:42
  Today we're talking about the battle of the branches.
• 40:44
  What happens when the two weaker branches of the federal government fight?
• 40:49
  And there's an interesting story here, something well I hadn't really thought about, but I wanted to spend a little time on.
• 40:55
  And it actually involves the president's power to pardon.
• 40:59
  Now, nobody I know of questions that the president has the power to pardon uh anybody for federal crimes.
• 41:05
  It got to be federal crimes.
• 41:08
  But he cannot pardon for an impeachment.
• 41:11
  But uh that that seems to be.
• 41:13
  So shortly after shortly after he was re-elected and he took office again, uh, Donald Trump uh pardoned people involved with the uh January 6th.
• 41:27
  And uh it was it was controversial, right?
• 41:31
  A lot of people got very upset.
• 41:32
  A lot of people thought, you know, it should have been sooner, but this happened, and uh, well, that I I thought he was the way that so many generator six people have been treated.
• 41:44
  I thought it was um appropriate.
• 41:47
  That was my opinion.
• 41:48
  But again, he had the power and he made the pardon.
• 41:51
  But that's where the uh gentleman by the name of Brian Cole Jr.
• 41:56
  comes in.
• 41:57
  You see, he was indicted uh on January, and it's uh I'm reporting January this year, January 26 in federal district court of planting uh two IEDs, improvised explosive devices at the headquarters of the Democratic and Republican National Committees.
• 42:16
  Now, uh here's where life gets a little interesting.
• 42:20
  Because Mr.
• 42:21
  Cole says that well, his offense is covered uh by Donald Trump's blanket clemency of January 6th suspects.
• 42:31
  Now I did look at the executive order, and uh part B uh says that uh the grant in full a complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the U.S.
• 42:44
  Capitol on January 6, 2021.
• 42:47
  Here's Mr.
• 42:48
  Cole's problem.
• 42:49
  That executive order was signed on January 20th, 2025.
• 42:54
  No, that's a full year before he was uh indicted.
• 43:01
  So he's claiming that um Donald Trump's pardon was um covered thing that had not been charged yet.
• 43:11
  And uh, well, uh that's problematic from my standpoint.
• 43:14
  I mean, how many people complained when Joe Biden issued pardons for offenses that hadn't been been charged yet?
• 43:22
  People had been convicted yet.
• 43:23
  Oh, you know, it was a a lot of people complain about that.
• 43:26
  And I'm wondering if uh uh people are complaining about uh Mr.
• 43:31
  Cole trying to effectively do the same thing now.
• 43:35
  Uh, how can you be pardoned when the pardon issued you you were not even accused of a crime at the time?
• 43:42
  It it seems to be um, well, it to me it seems to be a bit of a stretch.
• 43:48
  Now, part of it is the way uh Trump wrote the exec the pardon itself, right?
• 43:53
  Because it's again one section one pardon specific people, or section A, pardon, section B grants a full and complete and unconditional pardon to all other individuals convicted of offenses related to events that occurred at or near the United States Capitol on January 6, 2021.
• 44:10
  Well, how near?
• 44:12
  Right?
• 44:13
  I I don't know how far the DNC and RNC headquarters, I don't know how far from the capitalist was, whether or not to be near.
• 44:21
  But it says uh uh individuals convicted of offenses.
• 44:26
  So, in order for Mr.
• 44:27
  Cole to get the pardon, he must first be convicted of the offense, which hasn't happened.
• 44:33
  Yet his attorneys claim that the charges should be thrown out.
• 44:37
  Well, because Trump gave clemency to anyone convicted of or charged with crimes related to the events occurring near the Capitol.
• 44:44
  But he hasn't been convicted yet.
• 44:46
  So he's not, he doesn't qualify, right?
• 44:48
  So he would have to be convicted to get the pardon, is kind of what I'm what I'm saying.
• 44:53
  Uh um, you know, I I look at this and again, it's legal shenanigans, right?
• 44:57
  It's it's what's an attorney's job is not to find the truth.
• 45:01
  The attorney's job is to get the best outcome for their client.
• 45:05
  So I understand the attorney saying, hey, you know, he's got clemency.
• 45:09
  It was given to him by Trump back in in January of last year.
• 45:13
  But in order for that to be true, he has to have been convicted of a crime.
• 45:18
  And that hasn't happened.
• 45:20
  Yet that doesn't stop the Mr.
• 45:22
  Cole's attorneys from uh uh making a motion where they write, applying governing law to plain, unambiguous language of President Trump's pardon demonstrates that the pardon applies to Mr.
• 45:33
  Cole because his alleged conduct is inextricably tethered to the events at or near the United States Capitol on January 6, 2021.
• 45:40
  Well, he's correct in that there they they certainly seem tethered, but the problem is in order for him to get the uh to get the clemency, he must be convicted of a crime, which D hasn't happened.
• 45:53
  Um sorry, uh and even then the question of can you get a pardon before you've been a pardon apply to you if what you did happened after the party was issued, or if you're convicted after the pardon is issued, it's a mess, it's a bit of a mess.
• 46:13
  Um, I'm kind of curious to see um how the courts handle this.
• 46:19
  Uh, I think it's also a warning case to say, hey, you know, maybe when you're writing these clemencies, these broad sweeping clemencies should be a little more tailored, right?
• 46:30
  We we don't want uh, I mean, we I understand if someone is being maltreated by the justice system, yes, we want them to be uh to to get uh redress of the grievance.
• 46:41
  On the other hand, we don't want it so broad that it sweeps into people who we otherwise wouldn't want them to.
• 46:49
  I doubt that Donald Trump meant to have a alleged uh pipe bomber uh at the at the two uh um headquarters of two major parties.
• 47:01
  I don't think he planned to include the bomber.
• 47:04
  Uh again, so it has to be a bit more specific.
• 47:09
  Okay, I've got one more I want, and this is an interesting because this is uh another lawsuit.
• 47:13
  This time it's anthropic filing a lawsuit against the Trump administration.
• 47:18
  Now, I've talked about this situation before, but now we've got a lawsuit.
• 47:22
  Uh Anthropic is one of these these AI companies.
• 47:27
  Um, and uh the Pentagon, in fact, I I covered that uh uh Secretary of Defense.
• 47:33
  No, he's not the Secretary of War.
• 47:35
  The president cannot change, it's still the Department of Defense.
• 47:38
  The president cannot change the name of a department created by the Congress.
• 47:44
  So it's a Secretary of Defense Heggs basically threatened anthropic um because well, they wanted the uh DOD wanted um access to features in anthropic that they had disabled for their own purposes.
• 47:58
  No, you need to give us unfettered access to your code or else.
• 48:02
  And apparently the RLs included um blacklisting them from government contracts.
• 48:09
  I mean, it certainly sounds to me like extortion up along the levels of you know what you expect to see in the godfather.
• 48:15
  You will do this for me, or else.
• 48:19
  Now, again, it it'd be one thing if they they actually found a national security risk.
• 48:26
  Um they said, oh yeah, you're you're a supply chain risk to national security.
• 48:31
  Not because of anything they not because anything, but be because they refuse to comply to give up control of their property because a government actor told them to.
• 48:43
  Now, the company's complaint states that uh they're already losing their federal government contracts that are already being terminated.
• 48:50
  Um, that it impacts not only their their current but perspective uh private sector agreements because of the need to be involved with with the government in the in these some of these contracts.
• 49:03
  They also complain, which the supply chain risk designation, which was confirmed a week or two ago, represents an extraordinary measure generally reserved for foreign adversaries.
• 49:16
  So under this designation, defense contractors, defense vendors, they must certify that they do not use anthropic um their their AI model known as Claude in order to work for the Pentagon.
• 49:29
  So it's not simply that anthropic can't work for the Pentagon.
• 49:31
  Nobody that's working on a DOD contract, they have to certify that they don't use any of anthropics or at least this anthropic product.
• 49:40
  Again, not because they've shown themselves to be dangerous, but because they wouldn't capitulate to an unconstitutional demand, a violation of the Fifth Amendment, the deprivation of property without due process of law by the Secretary of Defense.
• 49:57
  You know, maybe Secretary of War is a better title for him.
• 50:00
  He certainly is acting more like a warlord than an actual servant of the people of the United States.
• 50:07
  And of course, uh Hegseth didn't work on his own.
• 50:11
  Donald Trump has already made his stance clear.
• 50:13
  He posted on social media that he was directing agencies to immediately cease use of all anthropic technologies.
• 50:20
  He said, We will decide the fate of our country, not some out of control radical left AI company run by people who have no idea what the real world is about.
• 50:30
  That's a joke.
• 50:34
  You're already run by uh a radical left companies.
• 50:38
  They may or may not be AI.
• 50:40
  You have Facebook and X and all these companies that have shown a severe leftist bias.
• 50:48
  You have no problem with them and their products.
• 50:51
  No, this seems to me simply you won't bend to my will.
• 50:55
  Therefore, we're gonna, you know, we're going to punish you, not because you did anything wrong, because you refuse to capitulate when we made an illegal demand of your company.
• 51:07
  Uh that should be an interesting battle between the courts and the executive branch.
• 51:14
  And I I look forward to seeing how it works out in the court because again, it you know, show us what we've done that that makes us a supply chain.
• 51:22
  The fact that we wouldn't uh put in features we've deemed dangerous into our product just for you.
• 51:28
  Yeah, that's not a supply chain issue.
• 51:30
  That is a tyrant, that's a tyranny issue, and it's a tyrant issue at the Department of Defense.
• 51:36
  And it's also a tyranny issue at the White House.
• 51:40
  Ooh, I know a lot of people are not gonna be happy with that, but these what Mr.
• 51:44
  Trump is doing, those are the actions of a tyrant.
• 51:46
  You will manipulate your product to meet my needs, or we will shut you out.
• 51:51
  So let me go back to the opening premise, right?
• 51:54
  We have three branches of government, they are not equal.
• 51:56
  Almost all the powers delegated to the United States are vested in Congress.
• 52:00
  The president takes the laws of Congress and he puts them into execution.
• 52:04
  That's his oath that he he will faithfully execute the laws of the United States.
• 52:08
  That's his job.
• 52:09
  The judicial power vested in the courts is a power to try cases and decide controversies.
• 52:16
  It's not to make law, it's not to uh rule over others.
• 52:21
  They're given a case, they're given a controversy.
• 52:24
  Their job is to, through their judgment, determine what should be, but they have no power to actually enforce it.
• 52:32
  And I find it very interesting when we have two, these two weaker branches of the federal government when they're going head to head on some of these issues.
• 52:41
  Sometimes it's a direct confrontation, sometimes it's you know, we're asking what the the courts to look at what the the executive is doing based on the request of a third party as an anthropic.
• 52:52
  But I want you to consider how how do our founding fathers design this to work?
• 52:58
  And they they designed it, I think very simply.
• 53:01
  Uh, the court offers an opinion, but they're dependent on the executive branch to actually put it in place because the courts are supposed to be, as Alexander Hamblin said, the least able to harm or injure our rights because they have no power.
• 53:17
  They can issue all the opinions they want, but they have no power.
• 53:20
  And I've got a couple of other stories coming up to that will um well, I I think will feed into this uh a bit more.
• 53:29
  But I want you to think again, the two weaker branches of the federal government.
• 53:34
  When they fight, who wins?
• 53:37
  Legally, constitutionally, and and is that is that the best thing, or should we consider modifying the constitution to change the balance of power between these three branches of government?
• 53:49
  Something for you to think about as we uh as we head off.
• 53:53
  Um, the other thing I want you to think about is again, I'm often asked the question where what are you gonna do next?
• 53:58
  What's your study process next?
• 54:00
  I mean, I keep saying we need to read instead of the constitution.
• 54:03
  It's not something it's that's one and done, it's something we should be continually doing to some extent.
• 54:08
  And what plans do you have?
• 54:10
  I get asked that question all the time.
• 54:12
  Usually my answer is, well, it depends.
• 54:15
  And it's not because I'm trying to dodge, it really does depend.
• 54:19
  I need to know you know a little bit of your education, a little bit of your history.
• 54:23
  I need to know what your goals are before I can begin to give you a suggestion that'll be truly meaningful.
• 54:31
  Now, if you'd like to find out more, if you like some ideas, I suggest you try my constitution study wizard.
• 54:36
  Go to constitutionstudy.com/slash wizard, and it'll ask you for your name and email address because I'm going to email you suggestions, and then it's going to ask you questions.
• 54:45
  You know, when did you last read the Constitution of the United States?
• 54:48
  Have you read any of the ancillary documents?
• 54:50
  What are your goals?
• 54:52
  Uh, and and based on those, the system will start generating suggestions.
• 54:57
  And of course, I'm gonna look at the whole thing, and I'm gonna send it if I see anything interesting.
• 55:01
  I'll send suggestions as well.
• 55:03
  But the point is, these are meant to be suggestions, ideas, things you may not have thought about as to what to do next in your study process.
• 55:12
  Now, as I said, I've been doing this for years, and I still spend time reading and studying.
• 55:18
  I still discover things about the constitution that uh uh I need to bring into my understanding and use and apply both here and in my life as a whole.
• 55:28
  So, again, give it a try, go to constitutionstudy.com/slash wizard.
• 55:32
  The wizard is absolutely free.
• 55:34
  Many of the suggestions have free options, and take a look.
• 55:37
  What's the worst that happens?
• 55:38
  You wait, you spend a little bit of time, and maybe you don't get any suggestions that really help.
• 55:42
  That's really the if that's the worst that can happen.
• 55:45
  I think you give it a try.
• 55:46
  Again, constitutionstudy.com slash wizard to find out more and see what suggestions we have for your future studies.
• 55:53
  Now, I also hope you come back here and join us for the Constitution Study on America Out Loud Talk Radio, heard on the iHeart Radio Network every weekday, 4 p.m.
• 56:02
  Eastern time.
• 56:03
  You can listen on our media player or apps for Apple Android or Alexa, and you can also listen via podcast.
• 56:09
  Now, it does take a day or two for an episode to go from broadcast to podcast, but you get to listen in your favorite podcast app.
• 56:17
  Do me a favor though, subscribe to the show, leave us ratings, especially on Apple Podcasts.
• 56:22
  It helps the algorithm well show us to more people so more people will collect the link and hopefully join us here for the constitution study.
• 56:30
  Speaking of links, you can find all the links you need at the homepage at AmericaOut Loud.news.
• 56:35
  Please share those links, share this content, share this program, and help share the blessings of liberty to everyone who calls this great nation home.