Latest / Brian Thomas / Congressman Warren Davidson joins Brian Thomas this morning
Transcript
- 0:00Speaker 1: Congressman Davidson. I know you're not a huge fan of
- 0:02Speaker 1: the Corporate Transparency Act, and I understand you were leading
- 0:04Speaker 1: an effort to try to repeal it. Earlier this week,
- 0:07Speaker 1: the US Treasury Department said that well, entities created in
- 0:09Speaker 1: the United States, including those previously know as domestic reporting companies,
- 0:13Speaker 1: and their beneficial owners, are now exempt from the requirement
- 0:17Speaker 1: to report beneficial ownership information. I guess the bill required
- 0:21Speaker 1: corporations to identify all entities with whom they had an
- 0:25Speaker 1: ownership and for interest, and so now they no longer
- 0:28Speaker 1: have to do that. Then does that solve the problem?
- 0:30Speaker 1: Or is this subject to maybe a change of administration
- 0:33Speaker 1: and a change from the Treasury Department's perception of these businesses.
- 0:38Speaker 2: Doesn't it sound nice like the Corporate Transparency Acts? Who
- 0:41Speaker 2: doesn't want more corporate transparency? Right? It sounds like it
- 0:44Speaker 2: applies to the biggest corporations like well, who's cutally pulling
- 0:47Speaker 2: the strings at Google? No, it doesn't do that. It
- 0:50Speaker 2: applies to businesses that are twenty employees and fewer. It
- 0:54Speaker 2: even applies to homeowners' associations with no employees. It's just volunteers.
- 0:59Speaker 2: No one owns an owners association. What I really want
- 1:02Speaker 2: to know is who controls the bank account for your company,
- 1:05Speaker 2: because we suspect that it might be a shell company.
- 1:08Speaker 2: So yeah, we want to crack down on shell companies,
- 1:11Speaker 2: and we want to cut down on money laundering. But
- 1:13Speaker 2: you can't presume that owning a business, particularly owning a
- 1:16Speaker 2: small business, means that you're engaged in money wandering. That's unconstitutional.
- 1:21Speaker 2: So the Bide administration imposed this. They basically said, if
- 1:25Speaker 2: you don't tell us what you own, we're going to
- 1:27Speaker 2: put you in jail and find you, you know, ten
- 1:31Speaker 2: thousand dollars. So if you look at that, it sounds
- 1:36Speaker 2: like the burden is really on corporations. The reality is
- 1:40Speaker 2: the individual basically has to disclose what do you own?
- 1:44Speaker 2: I mean, the corporation does the filing, but it's essentially
- 1:47Speaker 2: a registry of what every individual owns. It creates a
- 1:50Speaker 2: registry what do you own, Brian, which companies are you
- 1:54Speaker 2: affiliated with? And how do we target you? I mean,
- 1:57Speaker 2: so it's an unconstitutional violation of the Fourth Amendment. And
- 2:01Speaker 2: he'll say, well, we need to know these kinds of things. Well,
- 2:03Speaker 2: you can still know, I mean, if you want to
- 2:05Speaker 2: create a business that's a registered business. You have to
- 2:08Speaker 2: register in the state of Ohio, where a state. Lots
- 2:10Speaker 2: of big companies are in Delaware. But you know, you
- 2:14Speaker 2: file corporate papers, that's how the company's are and when
- 2:17Speaker 2: you file there's a reference to who did the finaling.
- 2:20Speaker 2: And even if you use a law firm, if there's
- 2:23Speaker 2: a need to know who's behind it, they give a
- 2:25Speaker 2: warrant or a subpoena and the law firm complies with
- 2:27Speaker 2: the warrant or subpoena. So this is all doable. Every year,
- 2:32Speaker 2: you got to file taxes, so that's already a surveillance scheme,
- 2:36Speaker 2: and you're disclosing all this today. And then here's what
- 2:39Speaker 2: really drove it is banks have these provisions called know
- 2:42Speaker 2: your Customer. They're obligated to know who their customers are.
- 2:46Speaker 2: And the government was cracking down on banks because you know,
- 2:50Speaker 2: they're moving lots of money turns out to be illicit
- 2:52Speaker 2: finance and laundered through conventional banking systems. And the banks said, well,
- 2:58Speaker 2: don't blame Moss. We couldn't possibly We know who our
- 3:01Speaker 2: customers are even though they're moving millions of dollars. And
- 3:04Speaker 2: for example, Epstein affiliated companies moved lots of money into
- 3:07Speaker 2: Virgin Islands. Reached the settlement with them for not knowing
- 3:10Speaker 2: their customers and doing a list of finance and I
- 3:14Speaker 2: say them Chase, JP Morgan Chase had to pay fines
- 3:17Speaker 2: and hundreds of millions of dollars of fines elsewhere because
- 3:21Speaker 2: they didn't cut down on any of these shell companies.
- 3:23Speaker 2: So they lobbied and got a bill through. Then it
- 3:26Speaker 2: puts this burden on the smallest, least sophisticated businesses. You know,
- 3:30Speaker 2: a drywall contractor somewhere never heard of the Financial Crimes
- 3:33Speaker 2: Enforcement Network. But if you don't file a form with them,
- 3:38Speaker 2: your risk going to jail and paying a ten thousand
- 3:40Speaker 2: dollars fine. So it's a crazy or welly in system.
- 3:44Speaker 2: We are trying to get it done undone by law,
- 3:47Speaker 2: and why because executive action can be more easily done.
- 3:50Speaker 2: President Trump did an executive order Fencein followed through and
- 3:53Speaker 2: it it'll make it harder. You have to do a
- 3:55Speaker 2: rule making. Fencein did a rule making and applied you know,
- 3:59Speaker 2: something that is constitutional. And nevertheless, the Democrats are seeing
- 4:05Speaker 2: this in a partisan way and they're pitching it. So
- 4:08Speaker 2: we need to do it permanently and get it through
- 4:11Speaker 2: as a law. So I'm told this is going to
- 4:13Speaker 2: pass as part of a writer on a bigger package
- 4:16Speaker 2: by the end of the year. Speaker Johnson is committed
- 4:19Speaker 2: to that, the White House of the Aison team committed
- 4:21Speaker 2: to that. So I'm hopeful that we get it across
- 4:23Speaker 2: the finish line. It looks like we're going to get
- 4:24Speaker 2: it done. Got one hundred and ninety three co sponsors
- 4:26Speaker 2: on the bill, so a lot.
- 4:28Speaker 1: Of suppo good. I am glad to hear that that
- 4:30Speaker 1: level of support because I share your concerns about this
- 4:33Speaker 1: pivoting over something I am absolutely outraged about. Is more
- 4:36Speaker 1: and more information pours out over the amount of fraud
- 4:38Speaker 1: that's out in the world based on government programs, people
- 4:40Speaker 1: bilking us in American taxpayer at I was getting ripped off.
- 4:44Speaker 1: We've been all paying attention to the war. However, apparently
- 4:47Speaker 1: some good news over the summer. The House passed a
- 4:50Speaker 1: package of eleven anti fraud bills. How come we didn't
- 4:54Speaker 1: hear about this, Congressman Davidson, what was past that? Has
- 4:56Speaker 1: the Senate taken any of them up?
- 4:59Speaker 2: Yeah? So if you look at it back in detection
- 5:02Speaker 2: systems on this as part of what happened. Doge came
- 5:05Speaker 2: in and made a lot of data public that was like,
- 5:08Speaker 2: here's where some of the payments are going, and there
- 5:10Speaker 2: aren't matching principles that would be done in very small businesses,
- 5:15Speaker 2: So can't we follow the money? Investigative journalism helped motivate
- 5:20Speaker 2: the agencies that are doing this. But you know, when
- 5:22Speaker 2: I talked with auditor Keith Faber run for Attorney General,
- 5:25Speaker 2: he was exposing some of this as an auditor that's
- 5:27Speaker 2: going on, and I think fundamentally, these tools in place
- 5:31Speaker 2: will put a bigger burden on states to detect it.
- 5:33Speaker 2: And part of the problem is right now, states aren't
- 5:37Speaker 2: incredibly incentivized by it. And in the long run, if
- 5:40Speaker 2: you ran the safety Net as a state program and
- 5:43Speaker 2: the federal government simply had a federal office that made
- 5:46Speaker 2: sure you're not double dipping in multiple states, that would
- 5:49Speaker 2: be the way that aligns incentives. Because right now, some states,
- 5:53Speaker 2: let's pick on California or Illinois for example, they view
- 5:57Speaker 2: that the federal dollars or at least of get spent
- 6:00Speaker 2: to Chicago or LA So why would we care about
- 6:02Speaker 2: the fraud. It's all federal cash coming into the city.
- 6:06Speaker 2: And if you look at Medicaid. One of the things
- 6:08Speaker 2: we turned off last year was payments to illegals. California
- 6:12Speaker 2: was counting that as they're matching dollars. So when states
- 6:16Speaker 2: put a dollar of Medicaid money in, they get matching
- 6:21Speaker 2: dollars from the federal government. That multiplies it. So they're like, well, yeah,
- 6:24Speaker 2: why wouldn't we want to spend more money because every
- 6:27Speaker 2: time we put a dollar in, we get more than
- 6:30Speaker 2: a dollar back. In the case of Obamacare, you get
- 6:33Speaker 2: nine dollars back for every dollar you put in. In
- 6:35Speaker 2: the case of traditional Medicaid, you put four dollars in,
- 6:38Speaker 2: you get six dollars back.
- 6:40Speaker 1: It's amazing how that result has the result that you're
- 6:42Speaker 1: talking about here, Congressman Davidson, I with great reluctance, I
- 6:45Speaker 1: don't know what your schedules like. I'm inviting you to
- 6:48Speaker 1: stay over for one more segment. I mean we can
- 6:49Speaker 1: talk about Fizer renewal and perhaps the Clarity Act, which
- 6:52Speaker 1: evolves Crypto if you have the time. If you don't,
- 6:54Speaker 1: I certainly understand. Can you stick around, Yeah, I'd be honest.
- 6:57Speaker 2: Thanks.
- 6:58Speaker 1: One more segment with Congressman Warren david and thank you
- 7:00Speaker 1: very much. Really important information coming the talk station seventy
- 7:05Speaker 1: nine fifty about Krcity talk Station Ampy Friday, Eve loved
- 7:08Speaker 1: Congressman war and David's is on talking common sense, logic
- 7:11Speaker 1: and reason. He's one of the few we've got that
- 7:13Speaker 1: we can count on along those lines and pivoting over
- 7:15Speaker 1: to something I believe you and I see eye to
- 7:17Speaker 1: eye on. I've always believed to be believed that that
- 7:19Speaker 1: FISA section seven and two is a violation of a
- 7:21Speaker 1: Fourth Amendment rights and it's been abused quite sometimes. It's
- 7:25Speaker 1: up for renewal, and so a question is do we
- 7:27Speaker 1: reform FISA or do we do a clean authorization? Where
- 7:33Speaker 1: are we on this, Congressman David from Davidson from your perspective.
- 7:37Speaker 2: Well, it actually laughed a little bit. And so what
- 7:41Speaker 2: does that mean? Does that mean that the government stops
- 7:43Speaker 2: spying on folks? And the answer is no. And of course, look,
- 7:47Speaker 2: the foreign intelligence part of the Foreign Intelligence Surveillance Act
- 7:50Speaker 2: is fine. We do want to collect intelligence on foreign adversaries.
- 7:54Speaker 2: What happens is the mechanism for doing it catches an
- 7:57Speaker 2: Americans communication when it becomes foreign. And so if you've
- 8:01Speaker 2: spoken to communicated with anyone offshore, and frankly, in some cases,
- 8:05Speaker 2: if your email or phone calls are even routed offshore,
- 8:09Speaker 2: then the communication itself is collected. And then because it's
- 8:14Speaker 2: already stored in a database, the government makes the case
- 8:18Speaker 2: that well, then we can search it however we want.
- 8:20Speaker 2: They call it querying, so it's clear that they're not
- 8:23Speaker 2: doing a Fourth Amendment search. But people with the saurus
- 8:27Speaker 2: know that querry is another word for search. Yeah, and
- 8:31Speaker 2: so they do cute stuff like that, which you know,
- 8:34Speaker 2: very disingenuous. And so we've tried to put it into
- 8:37Speaker 2: that and say, look, if you know you're searching Brian Thomas,
- 8:41Speaker 2: an American citizen, then you get to get a warrant.
- 8:45Speaker 2: And if fine, if you're want to go to Brian Thomas,
- 8:47Speaker 2: the British guy, querry away, have a great time. And
- 8:52Speaker 2: in any case, if there's an exigent circumstance and you
- 8:54Speaker 2: get a communication that's flagged that says he thanks for
- 8:58Speaker 2: the bomb making classes, well, well, okay, let's figure out
- 9:02Speaker 2: how urgent this situation is. And you don't need a
- 9:05Speaker 2: warrant in an exigent circumstance, I an emergency. And so
- 9:10Speaker 2: that has made it through the house kind of with
- 9:13Speaker 2: modest reforms in the past, it always dies in the Senate,
- 9:17Speaker 2: and that's kind of where we're at. The Senate wouldn't
- 9:20Speaker 2: take up even modest reforms this time. They want clean,
- 9:24Speaker 2: and the public really doesn't want clean, and that's why
- 9:27Speaker 2: clean won't pass. Well.
- 9:28Speaker 1: I mean, if you have evidence of a commission of
- 9:29Speaker 1: a crime, that's easy to get a warrant from a judge.
- 9:31Speaker 1: I mean, they're already fairly easy to obtain under any
- 9:35Speaker 1: given circumstance. But I don't see that as being a
- 9:38Speaker 1: huge challenge for law enforcement officials. You know, go in
- 9:42Speaker 1: like all law enforcement agencies do, talk to a judge
- 9:44Speaker 1: and make sure everything's clean and our rights are protected.
- 9:49Speaker 2: Yeah, look, there are some specific scenarios that you go, Yeah,
- 9:52Speaker 2: I'm glad that we have some tools in place to
- 9:55Speaker 2: protect America. So look, you know, Mike Johnson was always
- 9:58Speaker 2: a clean, get a warrant guy. He became speaker and
- 10:01Speaker 2: then he changed his vote cost us the passage last
- 10:04Speaker 2: Congress of what we thought we were going to get
- 10:07Speaker 2: the reforms. And we said, well, what changed? He said, Well,
- 10:11Speaker 2: when you become speaker, you get the briefing there you go, please, sir,
- 10:15Speaker 2: give me the briefing. You know, I've had a top
- 10:18Speaker 2: secret clearance from my Ranger regiment days. Every member of Congress,
- 10:22Speaker 2: in theory, can be read in on anything, depending on
- 10:25Speaker 2: what the legislative purpose is. Of course, not everyone should
- 10:29Speaker 2: be read in on some things. Not advocating for ilan
- 10:32Speaker 2: Omar to get all the briefings. But if you look
- 10:35Speaker 2: at it, I said that, and this year we got briefings,
- 10:39Speaker 2: and to those to Speaker Johnson, he led some good reform.
- 10:42Speaker 2: Rick Crawford became the chairman of Intel has handled his
- 10:46Speaker 2: chairmanship in a very different way, and so there's been
- 10:49Speaker 2: a collaborative set of reforms. It's a more narrow warrant
- 10:53Speaker 2: requirement than what we've pushed for in the past. That
- 10:55Speaker 2: allows definition around what is this exigent circumstance? You might
- 11:00Speaker 2: know immediately, but if you're quarry in the same person
- 11:02Speaker 2: three days in a row, I think you can say
- 11:05Speaker 2: that you get time to get a warrant, right, And
- 11:07Speaker 2: so there's a backlooking and look, we've become so fixated
- 11:11Speaker 2: on this in part because there's a sunset provision, right.
- 11:14Speaker 2: There are other provisions of the Patriot Act that don't sunset.
- 11:17Speaker 2: And this is Title one. This is where the real
- 11:19Speaker 2: abuse is. This is Title one is what was abused
- 11:22Speaker 2: to go after President Trump. And in the midst of
- 11:25Speaker 2: all this, things that aren't even covered by laws very
- 11:28Speaker 2: clearly are out of control. Flock cameras are everywhere. I
- 11:31Speaker 2: think there's like one hundred and twenty nine thousand of
- 11:34Speaker 2: them everywhere. I think one hundred thousand of them must
- 11:36Speaker 2: be in the eighth District of Ohio. Everywhere I go,
- 11:39Speaker 2: I see flock cameras. And everyone wants to be safe,
- 11:42Speaker 2: But how do you use safeguard the public against that?
- 11:44Speaker 2: It shifts it. What really shifts is is if anyone
- 11:48Speaker 2: makes an accusation and say, well, we've got flock data,
- 11:51Speaker 2: well that's treated as binding and now you are guilty
- 11:56Speaker 2: in your position where you're viewed as guilty and you
- 11:58Speaker 2: have to prove your innocence. And that's not our constitution.
- 12:02Speaker 2: So it is a corruption of our constitution. We're losing it,
- 12:05Speaker 2: and we're effectively building up essentially a police state.
- 12:09Speaker 1: Police state, there's no doubt about it. And quickly we
- 12:13Speaker 1: can talk briefly, we'll hold you over a little bit
- 12:15Speaker 1: here and ask you about the Clarity Act. Donald Trump
- 12:18Speaker 1: just said earlier this week or maybe even yesterday. We
- 12:20Speaker 1: need for Congress to take the next step and pass
- 12:21Speaker 1: the Clarity Act, which relates to crypto. Congressman Davidson, are
- 12:25Speaker 1: you in favor of this and what will it mean
- 12:27Speaker 1: if you can boil it down to its finest points.
- 12:31Speaker 2: Well, there are securities like stocks, they're regulated by the
- 12:34Speaker 2: Securities and Exchange Commission. Their commodities like corn and soybean futures,
- 12:37Speaker 2: they're regulated by the Commodity Futures Trading Commission. And then
- 12:40Speaker 2: you have real world assets, you know, titles to cars,
- 12:43Speaker 2: titles deeds to property. You know, they're regulated differently. And
- 12:48Speaker 2: because crypto is sort of new, it's not clear where
- 12:52Speaker 2: the lines begin and end when it's tokenized or it
- 12:56Speaker 2: becomes quote crypto, and we've needed a lot to make that. Unfortunately,
- 13:01Speaker 2: a lot of folks have, you know, Gary Gensler in
- 13:04Speaker 2: particular under the Bide administration went to war with crypto.
- 13:08Speaker 2: Elizabeth Warren shared Brown, they've been very anti crypto. And
- 13:11Speaker 2: what we really need is just clarity so that you
- 13:13Speaker 2: don't have these you know, arbitrage events where people are
- 13:17Speaker 2: exploiting securities laws, running pump and dump scams and a
- 13:21Speaker 2: lot of people have gotten hurt by this, and the
- 13:23Speaker 2: remedy is a law, so it's clear this is legal
- 13:26Speaker 2: and that's illegal, and you can cut down on the
- 13:29Speaker 2: bad actors and then focus on development of really good
- 13:32Speaker 2: use cases. That's why there's been a lot of blocking
- 13:35Speaker 2: of this. Some of the bad actors want to keep
- 13:37Speaker 2: doing bad things and some of the good people want
- 13:40Speaker 2: to protect their market shares, which isn't so good, you know.
- 13:43Speaker 2: So we need the law so that we have a
- 13:45Speaker 2: clear bright line test and the regulators can do their
- 13:47Speaker 2: work far enough.
- 13:48Speaker 1: Congres More and David, so thank you so much for
- 13:50Speaker 1: your time this morning. As always, I'll look forward to
- 13:52Speaker 1: doing this again, hope.