Latest / The 47 Morning Update with Ben Ferguson / Dems Double Down on Illegal Alien Gang Members & Shocking Supreme Court Decision Halting Deportations

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Dems Double Down on Illegal Alien Gang Members & Shocking Supreme Court Decision Halting Deportations · The 47 Morning Update with Ben Ferguson

• 0:01
  Speaker 1: Welcome. It is Verdict with Center, Ted Cruz, Ben Ferguson
• 0:04
  Speaker 1: with you, and I want to give a very special
• 0:06
  Speaker 1: welcome to so many of you that are joining this
• 0:08
  Speaker 1: podcast for the very first time. As many of you
• 0:12
  Speaker 1: that are listening to podcast may have heard, we are
• 0:14
  Speaker 1: now a syndicated radio show on the weekend's nationwide, so
• 0:18
  Speaker 1: you can listen to show wherever you have a lot
• 0:21
  Speaker 1: of local news talk stations. So we're really excited to
• 0:24
  Speaker 1: bring in new listeners with this first show since we
• 0:28
  Speaker 1: went live this weekend with that syndicated show Center. It
• 0:31
  Speaker 1: was really fun. By the way, we even had some
• 0:33
  Speaker 1: friends that sent you some warm wishes, which included Sean Handy,
• 0:38
  Speaker 1: and that was really cool as well, welcoming you as
• 0:40
  Speaker 1: the first sitting senator and actually national politician to ever
• 0:44
  Speaker 1: have a syndicated radio show while also in office. It's
• 0:47
  Speaker 1: pretty awesome.
• 0:48
  Speaker 2: Well, we launched the podcast as a said syndicated radio
• 0:51
  Speaker 2: show this weekend. We started on eighty four stations nationwide
• 0:56
  Speaker 2: eighty four, and we're anticipating a lot more stations picking
• 0:58
  Speaker 2: it up. We're going to be every weekend all across
• 1:01
  Speaker 2: the country, and it'll be our Friday podcast that will
• 1:04
  Speaker 2: air on Saturdays and Sundays throughout the weekend, and it's
• 1:07
  Speaker 2: a great opportunity just to take listeners behind the scenes,
• 1:11
  Speaker 2: behind the curtain. What's going on today. What we're talking
• 1:14
  Speaker 2: about is we're talking about two battles. One a battle
• 1:17
  Speaker 2: in the United States Senate, the second a battle in
• 1:20
  Speaker 2: the US Supreme Court. All of these battles number one
• 1:24
  Speaker 2: in the Senate, the Democrat senators have decided they have
• 1:27
  Speaker 2: found their issue to campaign on in twenty twenty six.
• 1:31
  Speaker 2: Their issue is illegals. They want more of them, and
• 1:35
  Speaker 2: especially MS thirteen gang members. They're all in. It's an
• 1:39
  Speaker 2: amazing decision. Chris van Holland, Democrat from Maryland, flew down
• 1:44
  Speaker 2: Delle Salvador to play foot seat with a gang member.
• 1:47
  Speaker 3: We're going to talk about that.
• 1:48
  Speaker 2: We're also going to talk about a big decision at
• 1:51
  Speaker 2: the Supreme Court halting I hope temporarily deportations of Venezuelans.
• 1:57
  Speaker 2: You had a vigorous descent from Justice Eleide and Justice Thomas.
• 2:01
  Speaker 3: All of that on today's pod.
• 2:03
  Speaker 1: Before we get to that, though, I want to talk
• 2:05
  Speaker 1: to you about how Israel is still under attack. Missile
• 2:09
  Speaker 1: fire has resumed from Israel's enemies and terrasts are seeking
• 2:13
  Speaker 1: utter death and destruction here in America. We can't imagine
• 2:18
  Speaker 1: what it's like to live in constant fear like this,
• 2:21
  Speaker 1: and that is the reality for many in Israel. That
• 2:24
  Speaker 1: is where you can come in and help those. You
• 2:27
  Speaker 1: can join me and show the people of Israel that
• 2:30
  Speaker 1: not only do you want to help protect them in
• 2:32
  Speaker 1: this time of attack and uncertainty, but that you stand
• 2:35
  Speaker 1: with them as well. And one of the best ways
• 2:38
  Speaker 1: to do this is by giving to the International Fellowship
• 2:41
  Speaker 1: of Christians and Jews. Your gift today will help provide
• 2:45
  Speaker 1: security essentials like bomb shelters, flat jackets, and bulletproof vests. Also,
• 2:52
  Speaker 1: there is a major need for armored security vehicles and
• 2:56
  Speaker 1: armored ambulances. There's no better time to give than right now,
• 3:00
  Speaker 1: out during the Passover holiday, when we celebrate Israel's historic
• 3:04
  Speaker 1: deliverance and birth as a nation. So give a special
• 3:08
  Speaker 1: Passover gift today and help protect the people of Israel.
• 3:12
  Speaker 1: The number eight to eight four eight eight IFCJ. That's
• 3:17
  Speaker 1: eight eight eight four eight eight four three two five,
• 3:22
  Speaker 1: Or you can go online and give securely at support
• 3:26
  Speaker 1: IFCJ dot org. That's one word support IFCJ dot org
• 3:32
  Speaker 1: or eight A eight for eight eight IFCJ. All right, Senator,
• 3:37
  Speaker 1: So let's start with this big first issue. I still
• 3:41
  Speaker 1: can't get my head around the fact that this is
• 3:43
  Speaker 1: clearly the political issue, as you mentioned, a moment ago
• 3:47
  Speaker 1: Democrats believe is like a big moment for them and
• 3:53
  Speaker 1: an issue to run on in less than two years
• 3:55
  Speaker 1: in the midterms. And that's not to defend Americans, but
• 3:59
  Speaker 1: to defend a terrorist organization and their members.
• 4:04
  Speaker 2: Well, it really is astonishing. This individual that they're focusing on,
• 4:07
  Speaker 2: who's been deported to El Salvador. He is an illegal alien.
• 4:10
  Speaker 2: No one disputes that he came illegally. He had an
• 4:13
  Speaker 2: order of deportation against him, the court ordered him deported.
• 4:17
  Speaker 2: Nobody disputes that either. And twice he's been adjudicated to
• 4:21
  Speaker 2: be a member of MS thirteen. As President Trump tweeted out,
• 4:25
  Speaker 2: he has tattoos on his fist, on his fingers that
• 4:29
  Speaker 2: correspond with MS thirteen gang tattoos. It is really a
• 4:34
  Speaker 2: remarkable thing that the Democrats look at this situation and say,
• 4:38
  Speaker 2: this is the issue that is going to move the
• 4:41
  Speaker 2: American people to our side. I don't know anybody who
• 4:46
  Speaker 2: thinks at least, I don't know anyone normal and rational
• 4:50
  Speaker 2: who thinks what we need is more gang members and
• 4:55
  Speaker 2: illegal aliens. And in fact, look, I'm gonna read to
• 5:01
  Speaker 2: you a text. I'm not going to identify who it is,
• 5:04
  Speaker 2: but but but it's a buddy of mine who's a Democrat,
• 5:07
  Speaker 2: who who's a Democrat. He's on the left, and and
• 5:10
  Speaker 2: and he just just texted me and said, your colleague,
• 5:14
  Speaker 2: Maryland Senator van Holland flew to El Salvador to see Garcia.
• 5:19
  Speaker 2: My wife's friends are very upset. The senators cares more
• 5:23
  Speaker 2: about one non citizen than many innocent American hostages.
• 5:28
  Speaker 3: Your thoughts and and and to be.
• 5:30
  Speaker 2: Clear, this this is a friend of mine who is
• 5:33
  Speaker 2: a Democrat, who is solidly left of center, and and
• 5:36
  Speaker 2: and his wife is looking at this going what the
• 5:39
  Speaker 2: hell are these people doing? That says something And I'll
• 5:43
  Speaker 2: tell you something else that that's interesting. This is not
• 5:46
  Speaker 2: just a one off. The Democrats have decided this is
• 5:49
  Speaker 2: our issue. So Sunday, Chris van Holland, senator from from Maryland,
• 5:55
  Speaker 2: who flew down Del Salvador, he did the full Ginsburg. Now,
• 5:59
  Speaker 2: now what is the let's see, man, how good is
• 6:02
  Speaker 2: your recollection? Do you remember what the full Ginsburg is?
• 6:04
  Speaker 1: See? These are the moments for people that are just
• 6:07
  Speaker 1: listening for the first time that make me laugh because
• 6:10
  Speaker 1: these are the I got you co host questions, get
• 6:13
  Speaker 1: used to them. They happen about once per episode, And
• 6:15
  Speaker 1: this is where I say.
• 6:19
  Speaker 2: Ginsburg is okay, the full Ginsburg and it's it's a thing.
• 6:25
  Speaker 2: It was named for William Ginsburg, who was Monica Lewinsky's
• 6:28
  Speaker 2: lawyer during during the scandal against Bill Clinton, and he
• 6:32
  Speaker 2: went on all major Sunday morning talk shows. He went
• 6:36
  Speaker 2: on this week on the ABC, Face the Nation, Meet
• 6:39
  Speaker 2: the Press, and State of.
• 6:40
  Speaker 3: The Union on CNN.
• 6:41
  Speaker 2: So doing all five is called the full Ginsburgh because
• 6:45
  Speaker 2: he he's the first one anyone remembers doing it.
• 6:47
  Speaker 3: And it's actually interesting. I went and googled it just
• 6:50
  Speaker 3: a minute.
• 6:50
  Speaker 2: Ago and Wikipedia oddly has a list of everyone who's
• 6:55
  Speaker 2: done the full Ginsburg, and it turns out quite quite
• 6:57
  Speaker 2: a lot of people have done it. So it started
• 6:59
  Speaker 2: off with William gins Burg. Then it was Congressman Rick
• 7:01
  Speaker 2: Lazio when he was running for Senate. Then it was
• 7:03
  Speaker 2: Dick Cheney, then it was John Edwards when he was
• 7:05
  Speaker 2: running for President. Then it was Michael Chertoff when he
• 7:07
  Speaker 2: was Secretary of Homeland Security. Then it was Hillary Clinton.
• 7:10
  Speaker 2: Then it was Secretary Kathleen Sebelius, the Secretary Janet Napolitano.
• 7:14
  Speaker 2: Then it was doctor Richard Besser of the CDC. That
• 7:18
  Speaker 2: it was Bill Clinton. Then it was George W.
• 7:20
  Speaker 3: Bush.
• 7:20
  Speaker 2: Then it was Rogie Shaw. Then it was Lieutenant General
• 7:24
  Speaker 2: Ken Keene. That it was Michelle Bachman. Then it was
• 7:26
  Speaker 2: Jack Lou. Then it was Susan Rice. That it was
• 7:28
  Speaker 2: Timothy the Geitner. Then it was Jeb Bush. Then it
• 7:31
  Speaker 2: was Marco Rubio. That it was Daniel Pfeiffer. Then it
• 7:33
  Speaker 2: was John Kerrey. That it was Dennis McDonough. Then it
• 7:36
  Speaker 2: was Jack Lou. That it was John Kerrey. Then it
• 7:38
  Speaker 2: was Dennis McDonough again he was White House Chief of Staff.
• 7:40
  Speaker 2: Then it was Robert Sunwalt, a board member of the
• 7:43
  Speaker 2: National Transportation Safety Board. Then it was Paul Ryan. Then
• 7:46
  Speaker 2: it was Marco Rubio. And you know what I discovered.
• 7:49
  Speaker 2: And the next person to make the list actually was me,
• 7:51
  Speaker 2: which I didn't remember, but I'm looking at this Wikipedia article.
• 7:56
  Speaker 2: And when I ran for president twenty sixteen, a parent
• 8:00
  Speaker 2: I did it February twenty eighth of twenty sixteen, which
• 8:05
  Speaker 2: I didn't remember.
• 8:07
  Speaker 3: But I'm one of the ones who's done full Ginsburg.
• 8:10
  Speaker 1: So just to be clear, I got asked if I
• 8:13
  Speaker 1: knew what the Ginsburg was. I didn't know the answer,
• 8:16
  Speaker 1: but you were one of the people on the Ginsburg listen,
• 8:19
  Speaker 1: and you forgot it. So we're just full circling that right.
• 8:22
  Speaker 2: Well, and then the last two who've done it have
• 8:28
  Speaker 2: been John Kirby, who was a White House spokesman for
• 8:31
  Speaker 2: Joe Biden, and then on Sunday Chris van Holland. And
• 8:35
  Speaker 2: so I make this point. Look, someone does the full Ginsburg.
• 8:38
  Speaker 2: They go on every Sunday show when they really really
• 8:41
  Speaker 2: want to draw attention to something, when they want to
• 8:44
  Speaker 2: highlight it, when they want to say, hey, this matters,
• 8:47
  Speaker 2: and listen, the Democrat Party as a whole, they are
• 8:50
  Speaker 2: all in on this strategy. The media as a whole,
• 8:53
  Speaker 2: they're all in on this strategy. And I got to say,
• 8:56
  Speaker 2: that's just I think that has a real danger of
• 9:01
  Speaker 2: of backfiring on him.
• 9:03
  Speaker 1: So let's play part of what he had to say
• 9:07
  Speaker 1: on this visit with a guy that's not only a
• 9:11
  Speaker 1: not because I say so, multiple courts have said so.
• 9:15
  Speaker 1: Government agencies have confirmed it as well. Is an MS
• 9:18
  Speaker 1: thirteen gang member which has been declared to terrorist organization.
• 9:22
  Speaker 1: And this is part of what he had to say
• 9:24
  Speaker 1: on ABC this week. Take a listen.
• 9:27
  Speaker 4: As you know, the President himself has been attacking you
• 9:30
  Speaker 4: by pointing out some of the aspects of Abrego Garcia's record,
• 9:34
  Speaker 4: including the fact that his wife had an order of
• 9:37
  Speaker 4: protection against him in twenty twenty one and alleged some
• 9:41
  Speaker 4: pretty serious allegations of abuse, and even that that he
• 9:44
  Speaker 4: had detained her. Are you concerned about your defense of somebody.
• 9:50
  Speaker 4: Obviously everybody in this country, even those undocumented immigrants, have rights.
• 9:56
  Speaker 4: But are you concerned about standing so forcefully with somebody
• 9:59
  Speaker 4: that has, you know, at least a questionable record.
• 10:03
  Speaker 5: I am not defending the man.
• 10:06
  Speaker 6: I'm defending the rights of this man to do process,
• 10:12
  Speaker 6: and the Trump administration has admitted in court that he
• 10:16
  Speaker 6: was wrongfully detained and wrongfully deported.
• 10:21
  Speaker 3: My mission, of.
• 10:22
  Speaker 6: My purpose is to make sure that we uphold the
• 10:25
  Speaker 6: rule of law, because if we take it away from him,
• 10:27
  Speaker 6: we do jeopardize it for everybody else. And I do
• 10:30
  Speaker 6: want to point out, Carl, Yes, the Trump administration is
• 10:32
  Speaker 6: trying to change the story. They're trying to detract attention.
• 10:36
  Speaker 6: Here's where they should put their facts. They should put
• 10:38
  Speaker 6: it before the court. They should put up or shut
• 10:41
  Speaker 6: up in court.
• 10:42
  Speaker 1: I mean, it's amazing that he tries to spin it
• 10:45
  Speaker 1: this way. It's also amazing that ABC tries to kind
• 10:48
  Speaker 1: of downplay the fact that this is a guy that
• 10:51
  Speaker 1: attacked his wife. She had a protective order. Oh and
• 10:53
  Speaker 1: by the way, on top of these an MS thirteen
• 10:55
  Speaker 1: gang member, and you're trying to act like this is
• 10:57
  Speaker 1: the guy we need to go protect and save.
• 11:00
  Speaker 2: And let me point out what Ben Holland says there
• 11:02
  Speaker 2: is is just wrong. So there was an order of
• 11:06
  Speaker 2: deportation against this guy. Court had ruled he should be deported.
• 11:10
  Speaker 2: It is true. The Trump administration has admitted they made
• 11:13
  Speaker 2: a mistake. And the mistake they made is that there
• 11:16
  Speaker 2: was a court order prohibiting his deportation to l Salvador.
• 11:19
  Speaker 3: It was an older order.
• 11:20
  Speaker 2: They didn't see it, and so they missed it. And
• 11:22
  Speaker 2: so the state of the law was the federal government
• 11:27
  Speaker 2: could deport him to literally any country on planet Earth
• 11:30
  Speaker 2: except El Salvador.
• 11:31
  Speaker 3: But because of that order, you had a court order.
• 11:35
  Speaker 2: Saying don't send him to El Salvador, and they did
• 11:38
  Speaker 2: so because they didn't see that order until after the fact.
• 11:40
  Speaker 2: Now that also means if he came back, they could
• 11:43
  Speaker 2: literally deport him ten seconds later to another country. Because listen,
• 11:48
  Speaker 2: if you are here illegally, and in particular, if you
• 11:51
  Speaker 2: are a member of a terrorist organization, you don't have
• 11:56
  Speaker 2: a right to remain. You know, Jonathan Carl calls him
• 11:59
  Speaker 2: an undocumented alien. No, the term under the statute is
• 12:03
  Speaker 2: illegal alien, and they are an illegal alien. It's not
• 12:05
  Speaker 2: that they're just missing some piece of paper. It's that
• 12:09
  Speaker 2: they came here illegally, and the administration has the power
• 12:13
  Speaker 2: to remove him. I want you to listen to this
• 12:15
  Speaker 2: clip on another part of the full Ginsburg when he's
• 12:18
  Speaker 2: on CNN and Dana Bash questioned him, give a listen
• 12:22
  Speaker 2: to this.
• 12:23
  Speaker 6: Now.
• 12:24
  Speaker 5: President Trump says that some of Abrego Garcia's tattoos signify
• 12:29
  Speaker 5: that he's a member of MS thirteen. In twenty nineteen,
• 12:34
  Speaker 5: police alleged a confidential informant claimed that Abrego Garcia was
• 12:39
  Speaker 5: an active MS thirteen member. His wife and his attorney
• 12:42
  Speaker 5: deny that, of course, can you say with absolute certainty
• 12:46
  Speaker 5: that he is not, nor has he ever been a
• 12:48
  Speaker 5: member of the MS thirteen gang. And did you ask
• 12:51
  Speaker 5: him point blank?
• 12:51
  Speaker 6: Well, Dana, what Donald Trump is trying to do here
• 12:54
  Speaker 6: is change the subject. The subject at hand is that
• 13:00
  Speaker 6: he and his administration are define a court order to
• 13:03
  Speaker 6: give people to give a Brego Garcia his due process rights.
• 13:08
  Speaker 6: They are trying to litigate on social media what they
• 13:11
  Speaker 6: should be doing in the courts. They need to put
• 13:13
  Speaker 6: up or shut up in the courts. Let me tell you.
• 13:16
  Speaker 6: I decided to write this down so I could be
• 13:18
  Speaker 6: absolutely accurate as to what Federal District Courts Judge Zennis
• 13:22
  Speaker 6: said about these allegations by the Trump administration. Quote, no
• 13:27
  Speaker 6: evidence linking a Brego Garcia to MS thirteen or any
• 13:31
  Speaker 6: terrorist activity has been presented to the court. That's where
• 13:35
  Speaker 6: to litigate this. It's been litigated in many other places.
• 13:38
  Speaker 6: So I'm not going to get into the details because
• 13:41
  Speaker 6: the whole purpose of our court system is for them
• 13:44
  Speaker 6: to adjudicate these things, not for Donald Trump to go
• 13:47
  Speaker 6: off on social media.
• 13:49
  Speaker 5: Yeah, you're right, they have not. There hasn't been a
• 13:52
  Speaker 5: court hearing for them to put forward evidence in the
• 13:54
  Speaker 5: first place, which is your whole point. But since you
• 13:57
  Speaker 5: were the one person to have met with him. This
• 14:00
  Speaker 5: is a thing you say on social media. It's what
• 14:03
  Speaker 5: we hear from Donald Trump and Republicans every day, all
• 14:06
  Speaker 5: day long. You didn't ask him.
• 14:09
  Speaker 6: I didn't ask him that because I know what his
• 14:11
  Speaker 6: answer is. What he told me was he was sad
• 14:15
  Speaker 6: and traumatized that he was being in prison because he
• 14:18
  Speaker 6: has committed no crimes. And that goes to the heart
• 14:21
  Speaker 6: of this issue, because he's being denied his due process rights.
• 14:26
  Speaker 6: And Donald Trump is trying to change the subject. And
• 14:30
  Speaker 6: you know, when people start asking about asking that question,
• 14:34
  Speaker 6: in my view, they're falling into the president's trap, because
• 14:37
  Speaker 6: what the president wants to do is talk about that
• 14:39
  Speaker 6: as if we can't all fight gang violence, which I've
• 14:42
  Speaker 6: been doing for much longer than Donald Trump. Right. His
• 14:46
  Speaker 6: argument is you can't fight that and at the same
• 14:48
  Speaker 6: time uphold people's constitutional rights. That's a very dangerous view.
• 14:53
  Speaker 6: And if we deny the constitutional rights of this one man,
• 14:57
  Speaker 6: it threatens the constitutional rights of everybody in the mind America.
• 15:01
  Speaker 2: So there's several things that are remarkable in what Van
• 15:04
  Speaker 2: Hollen is doing. Number One, he keeps saying Trump is
• 15:06
  Speaker 2: trying to change the subject. Now mind you, that's exactly
• 15:09
  Speaker 2: what Van Holland is doing. I mean, it really is
• 15:12
  Speaker 2: Freudian projection. He gets asked about the restraining order and
• 15:19
  Speaker 2: the evidence that this illegal alien committed domestic violence and
• 15:24
  Speaker 2: was a wife beater. He said nope, nope, never mind,
• 15:25
  Speaker 2: never mind. And he gets asked, okay, well, is the
• 15:29
  Speaker 2: guy in MS thirteen gang member?
• 15:31
  Speaker 3: Yes? No, did you ask him?
• 15:33
  Speaker 2: And he says no, no, no Trump Trump Trump range
• 15:36
  Speaker 2: man bad Trump Trump Trump, And remarkably, Dana Bash goes
• 15:40
  Speaker 2: back again and says, well, yeah, but you sat down
• 15:43
  Speaker 2: with him.
• 15:44
  Speaker 3: Did you ask him?
• 15:46
  Speaker 2: And Van Holland says no, because it turns out so
• 15:50
  Speaker 2: in his view, it is quote changing the subject to
• 15:54
  Speaker 2: discuss the facts of who it is that was deported.
• 15:59
  Speaker 2: I think that is the subject, who it was that
• 16:02
  Speaker 2: was deported. And by the way, one of the things
• 16:04
  Speaker 2: Van Holland says is he has committed no crimes. That
• 16:07
  Speaker 2: would be factually incorrect. Crossing illegally into the United States
• 16:12
  Speaker 2: is a crime. The Democrats want everyone to do that,
• 16:15
  Speaker 2: and even if you're a gang member. At look at
• 16:19
  Speaker 2: the very same time that the Democrats are embracing this
• 16:25
  Speaker 2: admitted illegal alien and person who's been found by two
• 16:29
  Speaker 2: courts to be affiliated with MS thirteen. While they're defending
• 16:34
  Speaker 2: him as a quote Maryland man, we had simultaneously the
• 16:38
  Speaker 2: mom of Rachel Morin, who is also a Maryland resident,
• 16:42
  Speaker 2: and yet the senator from Maryland cannot bother to be
• 16:46
  Speaker 2: worried about Rachel Morin, a woman who was raped and murdered,
• 16:51
  Speaker 2: a mom of five kids, raped and murdered by an
• 16:53
  Speaker 2: illegal immigrant. That the Democrats released, their priorities are, I
• 16:58
  Speaker 2: think abundantly.
• 17:01
  Speaker 1: And by the way, this pr stunt by Van Hollen.
• 17:04
  Speaker 1: If you want to know who had to pay for it, well,
• 17:06
  Speaker 1: here's his answer on that.
• 17:07
  Speaker 6: Who did pay for this trip? This was an officially
• 17:11
  Speaker 6: cleared congressional trips, Yes, like every other trip.
• 17:18
  Speaker 1: Yes, like every other trip. So that just you know, yeah,
• 17:20
  Speaker 1: we waste your money all the time. We waste your
• 17:22
  Speaker 1: money on this trip too. Why would that be out
• 17:24
  Speaker 1: of the ordinary.
• 17:26
  Speaker 2: It is standard practice for members of both parties to
• 17:29
  Speaker 2: travel abroad, and it's part of doing the job responsibility.
• 17:33
  Speaker 2: So I don't fault him for traveling Dale Salvador. I
• 17:38
  Speaker 2: fault him for deciding that he wants to stake everything
• 17:42
  Speaker 2: he stands for on the proposition that we need more
• 17:46
  Speaker 2: illegal aliens in this country, that the federal government cannot
• 17:49
  Speaker 2: deport illegal aliens, and that we need more gang members
• 17:52
  Speaker 2: in this country. And as he lays out, he doesn't
• 17:54
  Speaker 2: care and he didn't ask if this guy's a gang member,
• 17:57
  Speaker 2: and apparently he didn't care if he all so as
• 18:00
  Speaker 2: committing domestic violence and beating up his wife, those are
• 18:03
  Speaker 2: not his concerns either.
• 18:05
  Speaker 1: I want to move also to this second big story,
• 18:09
  Speaker 1: and there's some people that are confused. I also think
• 18:11
  Speaker 1: very frustrated by the Supreme Court halting the deportations of
• 18:16
  Speaker 1: illegal immigrants in some cases. Can you break down what
• 18:20
  Speaker 1: this ruling is. Alito was in the descent here and
• 18:23
  Speaker 1: the headlines over Easter weekend, people are like, wait, what, how,
• 18:28
  Speaker 1: why is this happening. I don't understand how we're protecting
• 18:31
  Speaker 1: people that are illegal immigrants. Yet again, at the level
• 18:34
  Speaker 1: of the Supreme Court, break this down so it makes sense.
• 18:38
  Speaker 2: Well, the Supreme Court early Saturday morning issued in order
• 18:41
  Speaker 2: blocking the deportation of Venezuelan illegal immigrants under an eighteenth
• 18:49
  Speaker 2: century law, and what it says is that they had
• 18:53
  Speaker 2: to halt the deportations until quote further order of this Court,
• 18:58
  Speaker 2: and I got to say, just to Alito, joined by
• 19:01
  Speaker 2: Justice Thomas, wrote a very fiery descent, really disagreeing with it.
• 19:06
  Speaker 2: I'm going to read you part of the descent. Here's
• 19:09
  Speaker 2: what Justice Alito and Justice Thomas wrote.
• 19:11
  Speaker 3: Quote.
• 19:12
  Speaker 2: Shortly after midnight yesterday, the Court hastily and prematurely granted
• 19:17
  Speaker 2: unprecedented emergency relief proceeding under the all Ritz Act. The
• 19:22
  Speaker 2: Court ordered the quote government not to remove a quote
• 19:27
  Speaker 2: putative class of detainees until this Court issues a superseding order.
• 19:32
  Speaker 2: Although the order does not define the quote putative class,
• 19:36
  Speaker 2: it appears that the Court means all members of the
• 19:38
  Speaker 2: class that the Habeas petitioners sought to have certified, namely, quote,
• 19:42
  Speaker 2: all non citizens in custody in the Northern District of
• 19:45
  Speaker 2: Texas who were, are, and will be subject to the
• 19:49
  Speaker 2: March twenty twenty five Presidential Proclamation entitled Invocation of the
• 19:54
  Speaker 2: Alien Enemies Acts regarding the Invasion of the United States
• 19:58
  Speaker 2: by trender Aragua and or its implementation. It also appears
• 20:03
  Speaker 2: that applicants have recently moved to amend their class petition
• 20:06
  Speaker 2: for Habeas Corpus and their motion for class certification, So
• 20:09
  Speaker 2: it is not clear if the applicants will continue to
• 20:12
  Speaker 2: defend this specific definition or will argue for a new one.
• 20:15
  Speaker 2: And although the Court does not specify what it means
• 20:18
  Speaker 2: by the government, it appears that term is intended to
• 20:22
  Speaker 2: embrace all the name defendants, including the President. The Court
• 20:27
  Speaker 2: did all of this even though it is not clear
• 20:31
  Speaker 2: that the Court had jurisdiction. The Allrits Act does not
• 20:34
  Speaker 2: provide an independent grant of jurisdiction. Therefore, the Court had
• 20:39
  Speaker 2: jurisdiction only if the Court of Appeals had jurisdictions of
• 20:42
  Speaker 2: the applicants appeal, and the Court of Appeals had jurisdiction
• 20:46
  Speaker 2: only if the supposed order that the applicants appealed amounted
• 20:49
  Speaker 2: to a denial of a preliminary injunction. But here the
• 20:53
  Speaker 2: order that applicants appealed was what they viewed as the
• 20:56
  Speaker 2: District court's constructive denial of their request for a temporary
• 21:01
  Speaker 2: restraining order. That is, the district Court did not actually
• 21:05
  Speaker 2: deny their most recent request for a tro but they
• 21:08
  Speaker 2: inferred that it was constructively denied because the District Court
• 21:11
  Speaker 2: failed a rule on that request before the expiration of
• 21:16
  Speaker 2: a truncated council imposed deadline. The denial of a true
• 21:22
  Speaker 2: tro is not appealable, and here it is not clear
• 21:24
  Speaker 2: that the applicant's tro request was actually denied. Indeed, an
• 21:28
  Speaker 2: order issued last night the Fifth Circuit held that it
• 21:31
  Speaker 2: lacked jurisdiction. For this reason, it is questionable whether the
• 21:36
  Speaker 2: applicant complied with a general obligation to seek emergency and
• 21:40
  Speaker 2: junctive relief in the district court before asking for such
• 21:43
  Speaker 2: relief from an appellate court. When applicants requested such relief
• 21:47
  Speaker 2: in the district Court, they insisted on a ruling within
• 21:52
  Speaker 2: forty five minutes on Good Friday afternoon, and when the
• 21:57
  Speaker 2: District Court did not act within one hundred and thirty
• 21:59
  Speaker 2: three minutes, they filed a notice of appeal, which the
• 22:02
  Speaker 2: District Court held deprived it of its jurisdiction. Now a
• 22:06
  Speaker 2: lot of that that jurisdictional language seems confusing, but understand
• 22:10
  Speaker 2: what happened. They went to the district Court and they
• 22:12
  Speaker 2: said we want an answer within forty five minutes, and
• 22:17
  Speaker 2: the court did not respond one way another forty five minutes.
• 22:20
  Speaker 2: They immediately appealed and said, up, they haven't answered. That
• 22:23
  Speaker 2: means you've denied it. And the Court of Appeals ruled that, well,
• 22:30
  Speaker 2: we're not going to act on this, and unfortunately seven
• 22:32
  Speaker 2: too the Supreme Court jumped in. And in fact, here's
• 22:38
  Speaker 2: how Justice to Leado and Justice Thomas end their dissent
• 22:42
  Speaker 2: quote in some literally, in the middle of the night,
• 22:46
  Speaker 2: the Court issued unprecedented and legally questionable relief, without giving
• 22:51
  Speaker 2: the lower courts a chance to rule, without hearing from
• 22:54
  Speaker 2: the opposing party, within eight hours of receiving the application,
• 22:59
  Speaker 2: with ubious factual support for its order, and without providing
• 23:02
  Speaker 2: any explanation for its order. I refuse to join the
• 23:06
  Speaker 2: Court's order because we had no good reason to think
• 23:08
  Speaker 2: that under the circumstances, issuing the order at midnight was
• 23:12
  Speaker 2: necessary or appropriate. Both the executive and the judiciary have
• 23:17
  Speaker 2: an obligation to follow the law. The executive must proceed
• 23:21
  Speaker 2: under the terms of our order, and this Court should
• 23:24
  Speaker 2: follow established procedures.
• 23:26
  Speaker 1: So you look at this and what is this going
• 23:28
  Speaker 1: to mean moving forward? And how big of a roadblock
• 23:31
  Speaker 1: is this going to be for the Trump administration to
• 23:33
  Speaker 1: do what they've said and promised the American people, And
• 23:36
  Speaker 1: by the way, the American people voted for, which was
• 23:38
  Speaker 1: we want to secure the border and we want to
• 23:40
  Speaker 1: get rid of all the illegal immigrants that came into
• 23:42
  Speaker 1: this country, especially those that are violent.
• 23:46
  Speaker 2: Well, look, it's not clear how big a challenge it's
• 23:49
  Speaker 2: going to be. The most distressing thing about this order
• 23:52
  Speaker 2: was that it was seven to two.
• 23:54
  Speaker 3: Seven to two is not good.
• 23:57
  Speaker 2: It means everybody by Alito and voted to stay to
• 24:03
  Speaker 2: halt the deportations of Venezuelans.
• 24:06
  Speaker 3: It's not clear. Presumably they're going to write a more.
• 24:09
  Speaker 2: Extended opinion at some point, and so we'll find out
• 24:11
  Speaker 2: more their reasoning. But I got to say, look, look,
• 24:14
  Speaker 2: these two stories, this story in the first one are
• 24:17
  Speaker 2: connected because I will say the Democrats strategy in doing
• 24:20
  Speaker 2: the full Ginsburg in some ways, I think their audience
• 24:24
  Speaker 2: is not the American people. They've got to know somebody
• 24:28
  Speaker 2: on the Democrat side of the aisle has got to know, Hey,
• 24:31
  Speaker 2: this is not earning us votes. When we say we're
• 24:33
  Speaker 2: the party of illegal aliens and criminals and gang members
• 24:39
  Speaker 2: and wife beaters, that's us that.
• 24:42
  Speaker 3: You don't have to be.
• 24:45
  Speaker 2: A rocket scientist when it comes to reading public opinion
• 24:49
  Speaker 2: to know that's not the most popular of issues to
• 24:52
  Speaker 2: stake your entire party platform on. But in many ways
• 24:58
  Speaker 2: they're aiming at a much smaller audience. They're aiming at five.
• 25:01
  Speaker 2: They're hoping to get five justices pissed off, and and
• 25:07
  Speaker 2: to get them pissed off enough that we see a
• 25:10
  Speaker 2: series of Supreme Court orders against the Trump administration trying
• 25:15
  Speaker 2: to halt these deportations. Now, I don't think that's going
• 25:19
  Speaker 2: to happen, but but this ruling is troubling that it
• 25:22
  Speaker 2: was seven to two.
• 25:24
  Speaker 3: Alito's descent.
• 25:25
  Speaker 2: Look, Alito was was was very concerned about this, and
• 25:29
  Speaker 2: the procedural minutia that he that he recounts as is
• 25:34
  Speaker 2: very unusual. Uh, and so that dynamic, it is a
• 25:40
  Speaker 2: dangerous process.
• 25:44
  Speaker 3: It is.
• 25:44
  Speaker 2: Right now, there's a little bit of a game of chicken,
• 25:46
  Speaker 2: and I think what the Democrats are trying to do
• 25:50
  Speaker 2: is is piss off a couple of Supreme Court justices
• 25:54
  Speaker 2: and get them to rule decisively against the president. That
• 25:56
  Speaker 2: would be very unfortunate if that starts to happen.
• 26:00
  Speaker 1: Well, another question, real quick before we move on, is
• 26:03
  Speaker 1: part of this Could it just be the quickness that
• 26:05
  Speaker 1: they were asking for the ruling from the court. Is
• 26:08
  Speaker 1: that something that you could change moving forward? Could that
• 26:11
  Speaker 1: be part of that issue?
• 26:13
  Speaker 2: Yeah, Look, it was done it as an emergency appeal,
• 26:16
  Speaker 2: and there are times, you know, there's another context to
• 26:19
  Speaker 2: where this happens a lot, which is dealing with death
• 26:22
  Speaker 2: penalty appeals. And when you have death penalty appeals, you
• 26:25
  Speaker 2: have someone who's been convicted of a capital offense and
• 26:28
  Speaker 2: they're set to be executed, and very frequently you have
• 26:32
  Speaker 2: last minute appeals that are filed. And I'll tell you
• 26:34
  Speaker 2: when I was a law clerk. I was a law
• 26:36
  Speaker 2: clerk for Chief Justice Renquist in nineteen ninety six and
• 26:39
  Speaker 2: nineteen ninety seven and at the time, so this gives
• 26:43
  Speaker 2: you a sense you can now make a crack about
• 26:45
  Speaker 2: how old I am at the time. The way we
• 26:46
  Speaker 2: would get these emergency appeals is they would be faxed in,
• 26:50
  Speaker 2: so they weren't emailed at the time. They'd be faxed
• 26:52
  Speaker 2: in and you'd get it off the facts and you
• 26:57
  Speaker 2: would get say, if the midnight was if the execution
• 27:00
  Speaker 2: was scheduled to happen at midnight, and by the way,
• 27:03
  Speaker 2: if it was midnight on the West coast, that meant
• 27:07
  Speaker 2: it was three am in d C. But if the
• 27:13
  Speaker 2: execution was scheduled at midnight, you would get sometimes one
• 27:16
  Speaker 2: hundred page appeal faxed in at ten thirty pm and
• 27:21
  Speaker 2: what would happen. So what plays out when that gets
• 27:23
  Speaker 2: faxed in is is the justice who is the lead
• 27:26
  Speaker 2: justice for that circuit. So each circuit, each region of
• 27:29
  Speaker 2: the country has a lead justice who is the justice
• 27:32
  Speaker 2: to whom emergency appeals go. Initially, Chief Justice Renquest was
• 27:38
  Speaker 2: the lead justice for the fourth circuit was concerned death
• 27:41
  Speaker 2: penalty appeals, and so that was Virginia, North Carolina, South Carolina, Maryland,
• 27:47
  Speaker 2: West Virginia, and Virginia. In particularly there were fair number
• 27:51
  Speaker 2: capital cases. So you would get it faxed to you, You,
• 27:55
  Speaker 2: as the law clerk, would read through it. You'd have
• 27:58
  Speaker 2: to read through it very quickly. You have to prepare
• 28:00
  Speaker 2: a memo, write a memo. You then send it to
• 28:04
  Speaker 2: your justice. And a lot of times, if this was
• 28:06
  Speaker 2: at midnight or one or two or three in the morning,
• 28:08
  Speaker 2: you'd have to call home and wake your justice up.
• 28:11
  Speaker 2: Your justice would be asleep. You'd call home, you'd say, Chief,
• 28:14
  Speaker 2: we had an emergency appeal.
• 28:15
  Speaker 3: Now.
• 28:15
  Speaker 2: Now the justice would know there was an execution set
• 28:19
  Speaker 2: that night, and so would know that there is likely
• 28:22
  Speaker 2: to be a call. But you'd call, wake your justice
• 28:24
  Speaker 2: up and ask okay, here's the arguments, here's what I
• 28:28
  Speaker 2: think about it, and you would write a memo from
• 28:31
  Speaker 2: your justice saying summarizing the arguments in the appeal and
• 28:37
  Speaker 2: making the recommendation. So for Chief Justice Renquist, in virtually
• 28:41
  Speaker 2: every circumstance, if someone was seeking to halt an execution
• 28:46
  Speaker 2: at the last minute, he would recommend that that be denied.
• 28:50
  Speaker 2: You would then forward it to the other eight chambers.
• 28:52
  Speaker 2: To the other eight chambers, and there was a law clerk,
• 28:54
  Speaker 2: so in the night of execution, at least nine of
• 28:57
  Speaker 2: us were there till midnight or one or two or
• 28:59
  Speaker 2: three in the morning. And so when you would forward
• 29:02
  Speaker 2: your memo, in a memo in a case like this,
• 29:04
  Speaker 2: would be anywhere from two to maybe eight pages, depending
• 29:10
  Speaker 2: on how complicated the issues were. They would then get
• 29:13
  Speaker 2: your memo, and they've gotten the appeal as well, so
• 29:15
  Speaker 2: they're reading the appeal at the same time. They would
• 29:17
  Speaker 2: then call their justice, wake him er her up at home,
• 29:21
  Speaker 2: and they would cast votes at midnight or one or
• 29:24
  Speaker 2: two or three in the morning. And a strategy that
• 29:28
  Speaker 2: is still quite frequent when it comes to death penalty
• 29:30
  Speaker 2: appeals is just throw so much crap at the wall
• 29:35
  Speaker 2: that they're hoping the justices say, I don't know, I
• 29:37
  Speaker 2: can't figure this out this quickly, all right, just stay
• 29:40
  Speaker 2: the execution, halt the execution so we can figure this
• 29:43
  Speaker 2: all out. And unfortunately that strategy that that strategy can work.
• 29:49
  Speaker 2: That there may have been some of that that this
• 29:51
  Speaker 2: was being done over Easter weekend very quickly, and it
• 29:55
  Speaker 2: may be that the justices wanted to say, hold on
• 29:58
  Speaker 2: a second, we want to understand what's going on here.
• 30:00
  Speaker 3: That's possible, but.
• 30:04
  Speaker 2: I do think the democrats entire strategy is try to
• 30:08
  Speaker 2: see if they can get a majority of the Supreme
• 30:10
  Speaker 2: Court ticked off. And I don't think that's happened, but
• 30:15
  Speaker 2: I do think that would be very dangerous and harmful
• 30:19
  Speaker 2: if it did happen.
• 30:21
  Speaker 1: Yeah, that's a really great point. And by the way,
• 30:23
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• 30:25
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• 30:27
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• 30:49
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• 30:51
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• 30:53
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