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The Trump Conviction's Message About Justice In America · Conversations: Special Guests with Preston Scott

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  And here we are third hour already Monday, June third, on the Morning
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  Show with Preston Scott Show fifty one seventy one Sadly Day twelve, twenty of
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  America. Heled hostage at Shared running the radio program in Studio one A.
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  I am here in Studio one B, and I am joined by our friend.
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  He is the man Hans von Spakowski joins us. He is the manager
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  and Election Law Reform Initiative and senior legal Fellow and the Edwin Meese Center for
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  Legal and Judicial Studies. But again, more importantly, he's our friend.
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  Hello, sir, how are you? Per'son? I'm going to just fine
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  now, how are you in relation to what happened to our country on Thursday,
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  late afternoon. I'll tell you it is depressed, saying it probably was
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  shocking, but it is depressing because in essence, well, i'll tell you
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  the reaction I wrote about this. I just got to I have a colleague
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  just got back from a international conference. There were lawyers and individuals there from
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  all over the world, particularly the ment from South America and Central American countries,
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  and their reaction to this. The reaction was, well, the US
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  has finally joined our ranks, the ranks of our home countries where our governments
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  used the law enforcement and judicial system to go after their political opponents. And
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  that's the view abroad, and I think it's correct. Hans just taking a
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  sixty thousand foot view of this, and I want to get your insight and
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  drilled down deeper later. But is it really that surprising because we've seen an
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  erosion And I'll go back and say it probably predates their good Marshal, But
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  their good Marshall openly talked about being an activist member of the Supreme Court,
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  that he rules the way he thinks and lets the law catch up. So
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  should we be surprised at this blurring of the line between the judicial, the
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  legislative, and the judicial becoming in essence of law enforcement arm of whatever party's
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  in charge. Well, I don't think we're we should be surprised, but
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  that doesn't look it's still wrong. And that has accelerated. It has accelerated
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  in a way I haven't really seen in the last four years. Look,
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  it was bad during the Obama administration. Eric Holder came in and politicized the
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  Justice Department. Murk Garland has done the same thing, except the peace put
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  it on steroids at the US Justice Department now with a criminal indictment of a
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  former president, but it has now spread from federal law enforcements into local DA's
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  office. That's what we just saw in New York. It's what we are
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  seeing down in Georgia. These are political persecutions. There is no merit to
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  the legal claims being made in either suit. And I'm happy to debate anybody
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  on that issue, very specifically about the legal claims being made and why they're
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  not balanced. But we then circle back to it might not have been for
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  that right. I mean, I refuse to believe that judges like Mershan are
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  just that stupid that they don't know that this is going to get overturned.
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  But the issue is I don't think they care. Oh I don't think they
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  care either. And look, this is just the beginning. Let me tell
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  you, for the past four years now, Joe Biden has been nominating and
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  the Senate has been confirming because Republicans can't stop it. Some of the most
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  left wing partisan ideologue we have ever ever had had put into the federal judiciary
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  in our entire history. And let me tell you, the federal courts,
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  for example, are going to get even worse in terms of judges who don't
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  care about the law, I don't care about the Constitution, but only want
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  to further their partisan interests and the partisan interests of their political allies. An
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  van Spakowski joins us this morning with a heritage foundation. The only thing taking
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  the sting out of what he's saying is Walt Disney's Birds in background. There
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  that just that helps my heart so much to hear the bird stirping, because
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  it still says there's life, there's hope. Where there's life, there's hope.
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  Sort of the morning drive version of an audio magazine and keeping you company
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  as you prepare for your day. It's the Morning Show with President Scott.
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  He's smarter than we are. Osvon Spakowski joins us this morning, talking about
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  all of the different wealth some we can't possibly get to all of the different
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  issues, the ramifications of the conviction of Donald Trump, and I put conviction
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  in air quotes, Hans. Let me get your theories on this mine on
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  the sentencing now, is there is no chance that the judge is going to
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  sentence him to How's arrest any time in jail because My theory is that would
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  speed up the appellate process since he's a candidate and likely going to be the
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  next president. But what do you think. Well, well, look,
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  I have to say, I hope you're right, but I'm uh, you
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  know, Mary, I've gotten too cynical from what I see sitting in Washington.
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  But but you have surrounding you. Yeah, well you know, I'm
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  I'm actually I'm actually sitting on my screen to and porch and at my house
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  because this is an early call for me. There you go, it's safe,
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  it's safe venue there. Yeah. Look, one merchant a judge has
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  shown his bias so much throughout this entire case. Keep in mind that he
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  was issued a caution by the Jujitsial Ethics Committee of New York because he made
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  political contributions with judges can't do, including the Joe Biden's campaign. Yeah.
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  That's that's how bad this guy is. I think he is salivated at the
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  idea of putting going down in history as having put a former president in jail.
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  And I think he's what he's going to do is he's going to come
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  out and he's going to say, based on your public statements, you have
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  not learned your lesson. In fact, you are questioning the outcome of this
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  and the only way I have no choice but to put you in prison.
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  I think they're going to try to do that. Doesn't he face judicial misconduct
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  for having gone that route? Doesn't it just put a microscope under his disallowing
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  a reasonable defense? Well? Maybe, but I don't have a lot of
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  trust in the New York judicial system. I mean, think about the judges
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  that we have encountered, not just as Judge Mersham, but think about how
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  biased the judge was in the civil case, sure, the ridiculous civil case
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  that was brought against him that resulted in half a bill billion dollar judgment.
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  I just don't trust the judicial system in New York, and I don't trust
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  the judges in the appellate system to do what they ought to be doing in
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  this case, given that these are New York's Manhattan charges. Does this,
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  ever, then get to jump into the federal appellate arena or the Supreme Court
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  arena once it's once you get a decision from the highest state court in New
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  York, if you believe or or claim that that state court judgment violated rights
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  that you have under the federal constitution. Then yeah, he can appeal to
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  the US Supreme Court. And I think that is president in this case,
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  because if you look at the way the prow was conducted, in a way
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  the judge behaved and misbehaved himself. The basic substance of due process rights of
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  the defendant, Donald Trump, I think we're violated, and that's a federal
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  constitutional issue. Yeah, and they were violated. Egregiously, Hans, stand
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  by when we come back. I'm going to broaden this a little bit.
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  There are a lot of columns being read. I'm going to read one headline,
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  Republicans should do to Democrats what they did to Trump, and that is
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  after the Trump conviction, and it's to just use the legal system. Then
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  does it then circle back to the fact that there's too many justices that are
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  in the tank for the left. We'll talk about that with Hans von Spakowski
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  next WFLRA on your phone with the iHeart radio app and on hundreds of devices
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  like Alexa, Google Home, Xbox, and Sonos and Iheart's radio season.
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  We've seen the random articles how the Biden administration has been packing the lower courts
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  and some of the not so lower courts Hans you were just telling me in
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  the break and I nearly my teeth nearly fell out. Well, you know,
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  people may think I'm exaggerating when I'm saying some of the most radical left
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  wing ideologue ever in our history are being put on the federal courts. But
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  look, the Democrats in the Senate confirmed Biden's appointee of a lawyer from the
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  Southern Poverty Law Center to the Eleventh Circuit Court of Appeals. That's the Court
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  of Appeals. The cases from Florida go to the Southern Poverty Law Center.
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  I mean, I don't think I have to tell people what an extremist organization
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  that is. And one of their lawyers now sits on the appellate court that
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  we'll be looking at cases coming out of Florida. How does someone get elevated
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  to the appellate court just that's an attorney and not even a sitting judge somewhere
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  that Well, look, president can pick whoever they want, and Republicans don't
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  have enough votes to stop geez someone from going through the Senate. So in
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  essence, Joe Biden in the position, with the help of Chuck Schumer,
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  he can put anyone he wants on the courts, no matter how bizarre they
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  are, and that's exactly what's been happening for the past three and a half
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  years. We've mentioned that the Biden administration has been packing the court, but
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  we've also mentioned that Joe has been lying about a lot of things since being
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  in office, but notable to what our discussion is here this morning, Hans,
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  A point has been made that Okay, if this is what they're going
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  to do to Trump, then then we need to go ahead and Biden needs
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  to be sued. He needs to be charged for committing campaign fraud by lying
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  about things like inflation at nine percent when he took office when it wasn't that
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  you hold them accountable and you do to them what they're doing to Trump.
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  Is there merit to that at all? Well, I won't say that I
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  think that we should abuse the law for political reasons, but I will tell
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  you that, for example, take what's happened, what's happened with Alvin Bragg
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  and New York and Judge Merchant and what's going on in Georgia. Look,
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  we saw similar abuse of the judicial system in the late eighteen hundreds in the
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  Southern States after Reconstruction ended judges, district attorneys, and others went after black
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  Republicans, black elected officials, and Congress passed a law. It's eighteen Usc.
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  Two forty two, and it is specifically geared to be used against state
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  government officials, white judges, and district attorneys when they are engaging in law
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  enforcement activities that are designed and intended to violate the constitutional and civil and legal
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  rights of individuals. And I, frankly, I think that's what's going on
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  with the Alvin Bragg case and Juan Merchants presiding over in New York. And
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  I would hope that if for example, Trump is elected, but Justice Department
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  would open up an investigation under that specific statue to go after them. Let's
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  kind of end kind in a sense with that. And where we started here.
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  You're hopeful that it's not going to happen, but you're fearful that Trump
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  is going to be facing some form of prison term from this judge. What
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  happens if he does do that, if he sentences him to prison, What
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  happens with the appellate process. Is it because he's a candidate for president?
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  Does his appeal change? Does it speed up? Does it slow down?
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  What happens, well, he will ask for the sentenced to be held until
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  his appeal goes through the process. Look, it's gonna that'll be totally up
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  to the New York Appeals Court. What they ought to do, what they
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  should do is follow the example of the US Supreme Court. Remember when Colorado
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  disqualified Trump from the ballot unconstitutionally by the way, the Trump campaign filed an
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  appeal with the US Supreme Court. The US Supreme Court put that case on
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  an expedited, unprecedented, spedided basis. They gave him a very short time
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  to file briefs, They immediately scheduled oral arguments, they held those arguments,
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  and they issued a decision very quickly and very expeditiously. And that's what the
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  New York Board of Appeals needs to do. They owe that to the American
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  public and to the American voter. Hans is always thanks so much for the
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  time. I appreciated very much. Thanks for having me Hans von Spakowski with
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  the Heritage Foundation. My guest, if it involves the Constitution, we go
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  to him because he's one of the foremost experts in our constitution and its application
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  in our court system today. He's following what's going on. I had no
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  idea that in the eleventh Circuit we now have some loser from the Southern Poverty
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  Law Center. Now, the good news is it's only one. But how
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  often do appeals get heard by only three justices three judges in the appellate before
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  it goes on bank? Uh, this is just Elections have consequences. God,
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  I hope people are learning. Twenty seven minutes past the hour