Latest / The Bill Handel Show / Trump Ends U.S. Trade with Canada | Surrogacy Flaws

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Trump Ends U.S. Trade with Canada | Surrogacy Flaws · The Bill Handel Show

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Speaker 1: You're listening to Bill Handle on demand from kfi AM
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Speaker 1: six forty may get a laws you made, get a
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Speaker 1: real good one.
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Speaker 2: Jfi AM six forty Bill Handled here it is a
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Speaker 2: footy Friday, October twenty four I got a story I
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Speaker 2: want to share with you, and this has to do
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Speaker 2: with a federal judge just issued a tentative ruling ordering
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Speaker 2: that immigrant detainees.
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Speaker 1: Have access to legal counsel.
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Speaker 2: And this had to do with Lindsey has a friend
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Speaker 2: that she's known for many, many years, and her whole
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Speaker 2: sort of circle of friends are absolutely devastated because one
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Speaker 2: of her friends married to a Hispanic guy. I think
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Speaker 2: he's twenty nine years old, came to the US when
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Speaker 2: he was thirteen, and his mother came there because his aunt,
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Speaker 2: his mother's sister, I had been murdered the Narco trophic
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Speaker 2: conte one of the gangs and then dropped off in
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Speaker 2: front of their house with her tongue cut off. So
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Speaker 2: they came to the United States and not legally. He's
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Speaker 2: been with attorneys for ten years trying to figure it out. Anyway,
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Speaker 2: he was just picked up and he's at a detention center,
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Speaker 2: and of course everybody is going nuts and of course,
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Speaker 2: we're only going after the worst of the worst. That's
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Speaker 2: the part that really is completely insane.
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Speaker 1: All right, just wanted to share that with you.
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Speaker 2: Now, let's move over to what a federal judge just
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Speaker 2: did issued a order that immigrant immigrant detainees have access
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Speaker 2: to legal counsel. And so the government is in front
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Speaker 2: of the judge, and what this does is extend a
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Speaker 2: temporary restraining order that US District judge I don't want
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Speaker 2: to go through her name, issued in July, requiring federal
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Speaker 2: immigrant agencies allow legal visitation at their detention facilities seven
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Speaker 2: days a week now when someone is in jail. All right,
2:09
Speaker 2: just to let you know, if someone is in prison
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Speaker 2: or jail, an attorney shows up at three am in
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Speaker 2: the morning, they get access to their client. They get
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Speaker 2: access twenty four to seven. And the argument here was
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Speaker 2: that it wasn't happening. So the government attorney argues that
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Speaker 2: evidence shows detainees let me get this, I want to
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Speaker 2: get this quote correctly, our meeting with attorneys, they have
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Speaker 2: access to counsel, and conditions of confinement are not an
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Speaker 2: issue before the court, because that's the other argument. There
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Speaker 2: is virtually no sanitation. They are living in cots. They
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Speaker 2: don't have access to their council and they're living in
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Speaker 2: these horrible conditions, and the government attorney says, that's not
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Speaker 2: what's that issue here was that issue is access to
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Speaker 2: legal counsel. And by the way, they do have access.
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Speaker 2: Straight out, that's just not true. They have access. And
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Speaker 2: that's what's pretty tough about what's going on here, where
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Speaker 2: the judge said, the court say one thing, and it
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Speaker 2: is it almost doesn't matter for this administration. There was
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Speaker 2: a story on sixty minutes was this past Sunday where
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Speaker 2: a guy who is ahead of the ethics whatever department
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Speaker 2: he was, he had moved himself up and had been
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Speaker 2: with a doj and he just quit.
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Speaker 1: He couldn't take it anymore.
3:45
Speaker 2: And what he said was there were court orders that
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Speaker 2: were not being followed where he talked about superiors coming
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Speaker 2: into rooms and you know, putting programs together and having
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Speaker 2: entire departments meet. And they basically said, ignore what.
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Speaker 1: The judges say. One one of them. This was the
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Speaker 1: accusation that was made.
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Speaker 2: Do you remember when the flight was going on to
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Speaker 2: El Salvador and Abrago was on that flight and he
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Speaker 2: was delivered and the judge said, you have to stop everything.
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Speaker 1: Well, the order was the while he was on the flight.
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Speaker 2: One of the illegal detainees, and the argument in front
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Speaker 2: of the court uh, and the attorney was or actually
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Speaker 2: it was the official was asked, did you know this
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Speaker 2: was happening? And he said no, I had no idea.
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Speaker 2: And the accusation was I was in the room when
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Speaker 2: he was told ignore what the court say, and this
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Speaker 2: was what was going to happen this weekend. Some crazy
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Speaker 2: stuff is really happening, and it's really it's tremendously unfortunate,
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Speaker 2: and you're going to see these cases go uh up
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Speaker 2: to be a Supreme Court. And the argument about the representation,
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Speaker 2: that's your fifth Amendment.
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Speaker 1: You're you have the.
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Speaker 2: Government must give you representation when you are picked up.
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Speaker 1: If you can't afford it, they just have to do it.
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Speaker 2: So we'll see and then if it goes up to
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Speaker 2: the Supreme Court, which I think it will.
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Speaker 1: Because this is a Supreme Court issue.
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Speaker 2: There's so many cases that Supreme Court, the court is
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Speaker 2: being asked to rule on. That's what's happening in the
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Speaker 2: last nine months, and we'll see, we'll see what they do.
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Speaker 2: I think the court is going to go pretty strongly
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Speaker 2: in favor of the administration.
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Speaker 1: That's what this court's about.
5:36
Speaker 2: Believes that the president has virtually unbridled power.
5:40
Speaker 1: Doesn't have to.
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Speaker 2: Tell anybody if the laws says, if the underwriting underaligning
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Speaker 2: law says that you must follow this procedure. For example,
5:54
Speaker 2: what's going on with the White House right now and
5:56
Speaker 2: that great, big, beautiful, better than most tippy topst ballroom
6:02
Speaker 2: that's going to be better, bigger than anybody who's ever seen.
6:05
Speaker 2: You know that there are laws that say you have
6:07
Speaker 2: to go through a historical society, you have to go
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Speaker 2: through panels.
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Speaker 1: No, no, I don't. Will the court back it up?
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Speaker 1: You bet?
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Speaker 3: All right?
6:18
Speaker 1: So much for that, all right.
6:20
Speaker 2: The Province of Ontario bought commercials on basically major US
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Speaker 2: television networks, all of them. And what they run, or
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Speaker 2: what those commercials did is run part of a speech
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Speaker 2: by former President Ronald Reagan.
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Speaker 1: And we're in the.
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Speaker 2: Middle the Trump administrations, in the middle of negotiations tariff
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Speaker 2: negotiations with the Canada, the provinces as well as the
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Speaker 2: entire country. So cono would you run It's about a
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Speaker 2: one minute clip of that speech that was done in
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Speaker 2: nineteen eighty seven by Ronald Reagan. Oh the ad I'm sorry,
7:05
Speaker 2: the ad which was taken from that speech done in
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Speaker 2: nineteen eighty seven.
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Speaker 3: When someone says, let's impose tariffs on foreign imports, it
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Speaker 3: looks like they're doing the patriotic thing by protecting American
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Speaker 3: products and jobs. And sometimes for a short violet works,
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Speaker 3: but only for a short time. But over the long run,
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Speaker 3: such trade barriers hurt every American worker and consumer. High
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Speaker 3: tariffs inevitably lead to retaliation by foreign countries and the
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Speaker 3: triggering of fierce trade wards. Then the worst hackles, market
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Speaker 3: shrink and collapse, businesses and industry shut down, and millions.
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Speaker 1: Of people lose their jobs. Throughout the world.
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Speaker 3: There's a growing realization that the weight of prosperity for
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Speaker 3: oign nations is rejecting protectionist legislation and promoting fair and
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Speaker 3: free competition. America's jobs and growth are at stake.
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Speaker 2: Okay, obviously this was a job at President Trump in
8:13
Speaker 2: response to that. Now keep in mind this is a
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Speaker 2: TV ad that was run and the President was so
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Speaker 2: offended that he said, that's it.
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Speaker 1: I'm done speaking to Canada.
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Speaker 2: I am going to let the existing tariffs remain. All
8:28
Speaker 2: negotiations are off, they're not very happy with us, because
8:34
Speaker 2: I don't think President Trump ever has walked back his
8:37
Speaker 2: statements about Canada should be our fifty first state and
8:41
Speaker 2: is basically a toilet. The point I'm making on this
8:44
Speaker 2: one is that the Trump folks are arguing that it
8:49
Speaker 2: is fake news. Straight out, it's fake news. And when asked,
8:55
Speaker 2: does that mean AI did it? Does that mean that
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Speaker 2: it didn't exist? Does that mean that there was an
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Speaker 2: impersonation of a voice? No, it wasn't fake It was edited.
9:06
Speaker 2: And they also argued it was edited, and I'm leading
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Speaker 2: transcripts of the entire speech. Was a long speech, and
9:14
Speaker 2: while it was edited, I'll tell you the basic.
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Speaker 1: Premise is not changed.
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Speaker 2: Reagan did speak out against tariffs, and.
9:23
Speaker 1: A lot of people do.
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Speaker 2: As a matter of fact, I think Reagan even addressed
9:27
Speaker 2: the issue the Smooth Holly Act, which was passed during
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Speaker 2: the Depression to protect American businesses and it exacerbated the
9:36
Speaker 2: Great Depression. So at this point the President has not
9:41
Speaker 2: back down on, of course, as tariffs, there is an
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Speaker 2: argument among many many people that the tariffs are going
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Speaker 2: to hurt the United States long term, just as many
9:51
Speaker 2: people on the other side say it's going to help
9:54
Speaker 2: long term for the US. One of the things that
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Speaker 2: tariffs do is that products become so expensive in terms
10:03
Speaker 2: of bringing them into the country that the move is
10:08
Speaker 2: to build factories and produce here in the United States. Now,
10:13
Speaker 2: is that ever going to be as cheap as overseas? Nope,
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Speaker 2: And the reason is building a factory is hideously, hideously
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Speaker 2: expensive here in the States, and they're not going to
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Speaker 2: pay workers three dollars an hour like they do in
10:27
Speaker 2: China or they do in Mexico.
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Speaker 1: But to Trump's point, is it going to help.
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Speaker 2: It's certainly going to bring factories and businesses to the
10:37
Speaker 2: United States that it is going to do. Now, whether
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Speaker 2: it's going to work economically, that's up in the air.
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Speaker 1: But I think what this story.
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Speaker 2: Effectively says is, don't piss off this president.
10:50
Speaker 1: Just don't piss them off.
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Speaker 2: Ask James, call me, ask Leticia James. Do you think
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Speaker 2: he's going to make it illegal for Canada to speak American?
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Speaker 2: I you know, I think he's going to ask the
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Speaker 2: Canada to be thrown out of the UN, and maybe
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Speaker 2: he may even have Canada declared in and of itself illegal.
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Speaker 2: We have illegal aliens and we will have illegal countries.
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Speaker 2: Neil found this article actually from the Wall Street Journal
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Speaker 2: and sent it along.
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Speaker 1: And what's fascinating about this.
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Speaker 2: It's about surrogacy, of which obviously I've been heavily, heavily
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Speaker 2: involved throughout.
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Speaker 1: My entire career was surrogate parenting.
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Speaker 2: And I wrote my first surrogate parenting contract in nineteen
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Speaker 2: eighty when there were exactly two of us, two lawyers
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Speaker 2: on the planet that were practicing surrogacy law.
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Speaker 1: So I was there from the very very beginning.
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Speaker 2: And I was having a conversation with my good friend Mollie,
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Speaker 2: who is an attorney, nice Jewish girl, Molly O'Brien, who
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Speaker 2: is has become one of the premier lawyers in the field.
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Speaker 2: She started working for me administratively, then went to law
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Speaker 2: school and now is a big shot lawyer in this
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Speaker 2: And we talked about this topic and it's a Wall
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Speaker 2: Street Journal topic that here's the title. Surrogacy is a
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Speaker 2: multi billion dollar business. Sometimes the money goes missing. People
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Speaker 2: are very vulnerable, and there has not been a whole
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Speaker 2: lot of regulation.
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Speaker 1: Now.
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Speaker 2: The first California case or the first California piece of
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Speaker 2: legislature I was involved in helping to write, and it
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Speaker 2: set up protections for the surrogate mother, and the money
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Speaker 2: to pay for the surrogate has to be put in escrow,
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Speaker 2: has to be effectively put there up front.
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Speaker 1: And we used to do this.
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Speaker 2: My partner and I would create our own escrow company
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Speaker 2: because a lat let us do it. It was the
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Speaker 2: wild West. The problem is it's still the wild West.
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Speaker 2: Even though the law says the money has to be
12:59
Speaker 2: an escrow, it's not a escrow company. The way the
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Speaker 2: regulations of escrow companies are real estate escrow companies, by
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Speaker 2: the way, where money changes hands for real estate, those
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Speaker 2: are very heavily regulated.
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Speaker 1: And there are bonds involved. Well, not in the.
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Speaker 2: Case of surrogacy, and there is a huge number of
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Speaker 2: couples who have just been ripped off completely, and there
13:29
Speaker 2: is a case after case. I mean, since you have
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Speaker 2: so many tens of thousands of surrogacy cases that occur
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Speaker 2: every year, and there are hundreds of agencies. Now, I
13:41
Speaker 2: keep in mind, when I started my agency, the Center
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Speaker 2: for Surrogate Parenting, we were basically the first ones out.
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Speaker 2: Now there are hundreds and hundreds, and it's still the
13:52
Speaker 2: same regulations. Couples are so vulnerable, you know what I
13:57
Speaker 2: compare this to is when a family member dies and
14:03
Speaker 2: you go to the funeral establishment, the mortuary, the cemetery,
14:08
Speaker 2: and you're talking to the salesperson who is selling you
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Speaker 2: the casket, and there you are having just lost someone,
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Speaker 2: a family member.
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Speaker 1: Talk about vulnerability. You really want to honor your mother,
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Speaker 1: don't you? Yes? And here's how you honor your mother.
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Speaker 2: You buy the eight thousand dollars casket instead of the
14:30
Speaker 2: four thousand dollars casket. You okay, okay, okay? And the
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Speaker 2: vulnerable aspects of that are incredible. Can you imagine how
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Speaker 2: you want a child? This is in many cases the
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Speaker 2: last shot of having a child and or a child
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Speaker 2: with biological connection, because of course, now with surrogacy, with
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Speaker 2: IVF and egg donation and sperm donation, you have couples
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Speaker 2: that want to create a baby with some genetic component
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Speaker 2: of the parents. And that's a huge, huge number of people,
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Speaker 2: that's in the hundreds of thousands. And what ends up
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Speaker 2: happening is that the money, if it's done correctly, has
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Speaker 2: to be put up in front.
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Speaker 1: It has to be paid upfront.
15:13
Speaker 2: Why well, because the surrogant mother gets pregnant, as you know,
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Speaker 2: and is delivering a baby and what happens if the
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Speaker 2: parents die, What happens if they go bankrupt, what happens
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Speaker 2: if they change their mind? Everybody is frightened about surrogate
15:28
Speaker 2: mothers changing their mind. More parents have changed their minds
15:32
Speaker 2: than surrogate mothers. Let's say a child is born that's
15:36
Speaker 2: going to be anomaloust. You have a child that is
15:39
Speaker 2: born with some severe or going to have some severe
15:43
Speaker 2: medical issues, and the surrogate mother, and if we've had
15:47
Speaker 2: these say I'm not aborting. There's just not going to
15:50
Speaker 2: be an abortion, and the couples understand that, and they
15:54
Speaker 2: accept that, except when it happens then all of a
15:59
Speaker 2: sudden and they.
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Speaker 1: Walk out the door. They walk out the door.
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Speaker 2: I've had one of those in the thirty five years
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Speaker 2: that I did this, and so obviously I took a
16:11
Speaker 2: big interest in this. And I had this conversation a
16:14
Speaker 2: couple of days ago with a friend of mine who
16:17
Speaker 2: is a lawyer and is one of the premier lawyers
16:20
Speaker 2: in the field, and she and I were talking about
16:23
Speaker 2: this topic. I mean, you talk about a coincidence and
16:26
Speaker 2: it has to do with just a whole raft of
16:28
Speaker 2: cases being filed against surrogacy agencies because while the owners
16:34
Speaker 2: took the money. And you know it happens all the
16:37
Speaker 2: time when owners are you know, when you have business
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Speaker 2: owners that hold onto money or charge or you have accounts,
16:45
Speaker 2: governmental accounts that embezzlement, et cetera. With the point of
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Speaker 2: this is surroget parenting has been around. Well, I started
16:51
Speaker 2: in nineteen eighty imagine going back that far. And as
16:55
Speaker 2: I said in the previous segment, when I started, it
16:58
Speaker 2: was whether.
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Speaker 1: There were two of us, literally two lawyers.
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Speaker 2: In the world that we're doing this, and what ended
17:04
Speaker 2: up happening to pay the surrogate to protect the surrogate mother.
17:08
Speaker 2: Even though I represent the parents, the surrogate mother had
17:11
Speaker 2: to be protected. You know what if the parents get
17:14
Speaker 2: hit by a truck. I mean, she's pregnant and good
17:16
Speaker 2: deliver a child and it's not her child. It's not
17:19
Speaker 2: as if she wants to keep the baby. She's doing
17:22
Speaker 2: this for someone else. So how do you protect the
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Speaker 2: surrogate at least financially, Well, the money goes into a
17:28
Speaker 2: trust account, and in those days we didn't do an
17:32
Speaker 2: escrow account. Eventually we had some laws passed that says
17:35
Speaker 2: the money has to be protected, but still there really
17:38
Speaker 2: is no protection. This is one of the big holes
17:40
Speaker 2: in the world of surrogacy which allows these surrogacy agencies
17:45
Speaker 2: and now there are hundreds of them to hold on
17:49
Speaker 2: to the money and basically keep it, spend it on
17:53
Speaker 2: personal items for the owners. Even escrow companies, and I
17:57
Speaker 2: put that in quotes. Escro company are not regulated the
18:01
Speaker 2: way they should be. And so let me give you
18:04
Speaker 2: a scenario. This is very handlesque in terms of what
18:07
Speaker 2: I would do with potential clients. We'd sit down and
18:10
Speaker 2: have that first conversation and I would go through the
18:15
Speaker 2: law as it existed and talked about how it really
18:19
Speaker 2: was the Wild West. And then I said, and I
18:21
Speaker 2: need all of the money for all medical and the
18:25
Speaker 2: payment of surrogate and her attorney and all of her
18:29
Speaker 2: expenses and the amount of renumerations she's going to get.
18:33
Speaker 2: I need it all up front and put into my account,
18:38
Speaker 2: my trust account. And inevitably they would say how much
18:43
Speaker 2: is it? And I'd go one hundred thousand dollars and
18:47
Speaker 2: I would get an answer or a question like one
18:50
Speaker 2: hundred thousand dollars and you want us to put one
18:53
Speaker 2: hundred thousand dollars in your trust account to begin this
18:57
Speaker 2: process I said absolutely, So you know, we don't even
19:01
Speaker 2: know you, and I would say it's way worse than that.
19:07
Speaker 2: Believe me, and I'll tell you why it's way worse
19:10
Speaker 2: than that. I happen to be have been born in Brazil,
19:16
Speaker 2: and I am a Brazilian citizen in addition to being
19:18
Speaker 2: an American citizen, and I have family in Brazil, and
19:23
Speaker 2: I speak Portuguese. And if I clean out my trust
19:27
Speaker 2: account and take the money to Brazil, there is no
19:32
Speaker 2: extradition treaty between Brazil and the United States for financial crimes.
19:37
Speaker 2: So I'm sitting on the beach in Rio with your money,
19:42
Speaker 2: having the time of my life.
19:44
Speaker 1: Now write the check, and they did.
19:49
Speaker 2: That's the reverse cell, by the way, And so they
19:52
Speaker 2: thought that was so outrageous. But the point is is
19:55
Speaker 2: that obviously I've never had a problem because I've certainly
19:59
Speaker 2: never taken money out of my trust account and embezzled
20:01
Speaker 2: money from clients. Well maybe other clients, but certainly not
20:04
Speaker 2: my surrogacy clients. And it was it's you know, it
20:08
Speaker 2: was so wild West at that time and it still is. Finally,
20:14
Speaker 2: my contract went up to the Supreme Court, and here
20:16
Speaker 2: I am bragging a little bit but it took I
20:20
Speaker 2: don't know how many years before the court accepted the
20:22
Speaker 2: premise of surrogacy, and that is the intended parents are
20:27
Speaker 2: the parents of the child because we have such technology
20:30
Speaker 2: out there between sperm donation. When I taught third party
20:34
Speaker 2: reproductive law and my first seminar, the first day of class,
20:39
Speaker 2: I would say, okay, let me ask you something. Who's
20:43
Speaker 2: mom and dad? And people would raise their hands. Well
20:46
Speaker 2: with my parents, I go, okay, let me give you
20:49
Speaker 2: five scenarios of mom and dad and you tell me
20:51
Speaker 2: which one is correct.
20:53
Speaker 1: You got adoptive mom and dad. Okay, that's one.
20:58
Speaker 2: You have a dad using his sperm, but donor sperm
21:04
Speaker 2: and mom.
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Speaker 1: Creates the child who is genetically connected? Whose dad?
21:09
Speaker 2: Now, certainly we know mom is mom, But is sperm
21:13
Speaker 2: donor dad? Or is the intended father dad? Well, the
21:16
Speaker 2: law covers that sperm donor is not dad.
21:20
Speaker 1: Okay.
21:20
Speaker 2: How about in vitro fertilization, when you're using an egg donor,
21:25
Speaker 2: who's mom.
21:28
Speaker 1: Is it the donor's egg?
21:31
Speaker 3: Is she mom?
21:32
Speaker 2: Or the woman who just states the baby? And who
21:34
Speaker 2: is the intended parents? And that's the way I always
21:38
Speaker 2: started the class because the law was it was so crazy,
21:44
Speaker 2: and even though most of it has calmed down where
21:47
Speaker 2: now the contract was upheld by the California Supreme Court
21:52
Speaker 2: saying that the intended parents pursue it to a contract
21:56
Speaker 2: are in fact the parents of the child.
21:57
Speaker 1: But that's California. Are states all over. This is not
22:01
Speaker 1: regulated federally.
22:03
Speaker 2: One time a federal bill was introduced, and that was
22:07
Speaker 2: by Henry Hyde. You've heard of the High Amendment. Well,
22:11
Speaker 2: you can't use federal money for abortions. That was Henry Hyde,
22:15
Speaker 2: and he introduced a bill to make what I did
22:18
Speaker 2: a federal felony. And thank goodness, there were some logical
22:23
Speaker 2: people on that subcommittee that said, hey, this is a
22:25
Speaker 2: state issue. You know, can't you can't you know, abortion, adoption, marriage, divorce,
22:33
Speaker 2: parenting is a state issue. The Feds don't get involved
22:36
Speaker 2: in this. And that disappeared, thank goodness. So the point
22:41
Speaker 2: is it still is unregulated in so many ways as
22:44
Speaker 2: it was when I started. And you know how many
22:47
Speaker 2: years ago, what nineteen eighty to now? Is that forty
22:50
Speaker 2: five years?
22:53
Speaker 1: Wow? Am I getting old?
22:58
Speaker 2: Neil? You're getting old too? Except you look, as you say,
23:02
Speaker 2: you look worse than I did.
23:03
Speaker 1: Is that right? You still look worse than I do. Well,
23:06
Speaker 1: I'll tell your face that that's right. Okay, all right,
23:08
Speaker 1: we're done with that.
23:10
Speaker 2: Obviously my wheelhouse, and obviously I'm still exercised over all
23:14
Speaker 2: this and engaged in a big, big way, even though
23:18
Speaker 2: I have not been involved for five years. All right,
23:21
Speaker 2: KF I am six forty.
23:23
Speaker 1: You've been listening to the Bill Handle Show.
23:25
Speaker 2: Catch my show Monday through Friday, six am to nine am,
23:28
Speaker 2: and anytime on demand on the iHeartRadio app.