Glenn Greenwald
Politics • Culture • Writing
Trump Disqualified From Colorado Ballot by 4-3 Judicial Ruling [Part 2 of 2]
Video Transcript
December 21, 2023
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And now this case is even worse. As I said, the district court case in November actually rejected the petition to remove Trump, but only after the ruling against him on every last issue. So here is that district court ruling from November 17. It didn't get a lot of media attention because it refused to remove Trump from the ballot, but it completely contaminated his case and showed what Democratic Party judges are willing to do. Here's part of what she wrote. 

 

The Court further concludes that the events on and around January 6, 2021, easily satisfy this definition of "insurrection." 

 

A two-hour riot, by people, none of whom wielded guns inside the Capitol. And remember the only people who died on that day, on January 6, were four Trump supporters, one of whom was shot by the Capitol Hill police. Two of them died of heart attacks because they hadn't left their couch in a long time and were very unhealthy. The idea that they were going to lead some sort of insurrection against the most militarized government in the history of the world is a complete and utter joke. Another one died of a speed overdose. All Trump supporters. Of course, the media lied continuously, as they covered extensively at the time, by claiming that the Trump protesters bashed the head of a Capitol Hill police officer with a fire extinguisher and murdered him when the autopsy found that he didn't die on January 6, but January 7, that he died of natural causes, he didn't even go to the hospital. He called his parents that night and said he was fine. 

 

So, there were police who were injured, but the only people who died on this day were Trump supporters. And yet this judge says, “It easily satisfied his definition of an insurrection.”

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In the context of the speech as a whole, as well as the broader context of Trump's efforts to inflame his supporters through outright lies of voter fraud in the weeks leading up to January 6, 2021, and his long-standing pattern of encouraging political violence among his supporters, the Court finds that the call to "fight" and "fight like hell' was intended as and was understood by a portion of the crowd as, a call to arms. These findings support the conclusion that President Trump's calls for imminent lawlessness and violence during his speech were likely to incite such imminent lawlessness and violence. 

 

That's the phrase that the U.S. Supreme Court used in Brandenburg for the only kind of political speech that falls outside of First Amendment protection: inciting imminent, lawless violence.

 

When President Trump told his supporters that they were "allowed to go by very different rules" and that if they did not "fight like hell," they would not "have a country anymore," it was likely that his supporters would heed his encouragement and act violently. We therefore hold that this final prong of the Brandenburg test has been met. In sum, we conclude that President Trump's speech on January 6 was not protected by the First Amendment.

 

We're going to show you what Trump actually said about violence. The only thing he said about violence was “Don't use it. Be peaceful.” But the Brandenburg Court has always said you're allowed to even advocate violence as long as it's not designed to incite imminent violence, meaning you have a crowd gathered and you tell it to go burn a house down. So, again, if you want to accuse Trump of being an insurrectionist, charge him with that crime. But that's not what this court did. 

 

…in the Court’s view, there is a difference between the Secretary having the authority to prohibit a candidate from being put on the ballot based on what Ms. Rudy described as “an objective, knowable fact” and prohibiting a candidate from being put on the ballot due to potential constitutional infirmity that has yet to be determined by either a Court or Congress. The Court holds that the Secretary cannot, on her own accord, keep a candidate from appearing on the ballot based on a constitutional infirmity unless that constitutional infirmity is “an objective, knowable fact.” Here, whether Trump is disqualified under Section Three of the Fourteenth Amendment is not “an objective, knowable fact.”

 

So, this is the key point: obviously Trump has not been charged with the crime of insurrection. That's the argument he made. He never had a trial on that. Any response of those trying to keep him off the ballot was, well, there are other constitutional requirements. For example, you can't run for president if you're younger than 35 years of age or you can't become president if you're younger than 35, you can't serve more than two terms. So, they were saying, well, if somebody comes here and tries to get on the ballot and they're under 35, or they've already served two terms like President Obama or President Bush, we wouldn't wait for a trial. Of course, we would be able to tell them that they can't be on the ballot. And this is the one point where the court is saying that there's a difference between something so obvious, like age or how many terms you served as president, where you're ineligible, and a complex question like whether someone is guilty of an insurrection. She's pointing out that there's a difference between an objective, knowable fact, such as the age, and prohibiting a candidate from being put on the ballot due to potential constitutional infirmity that has yet to be determined by either a court or Congress. In other words, the question of whether Trump engaged in an insurrection has not been determined. It's not obvious like someone's age or how many terms they've served and therefore, they said,

 

While the Court agrees with Intervenors that the Secretary cannot investigate and adjudicate Trump’s eligibility under Section Three of the Fourteenth Amendment, the Election Code gives this Court that authority.

 

For Section Three of the Fourteenth Amendment to apply to Trump this court must find both that the Presidency is an “office . . . under the United States” and that Trump took an oath as “an officer of the United States” “to support the Constitution of the United States.”

 

So, this is the key point: obviously Trump has not been charged with the crime of insurrection. That's the argument he made. He never had a trial on that. Any response of those trying to keep him off the ballot was, well, there are other constitutional requirements. For example, you can't run for president if you're younger than 35 years of age or you can't become president if you're younger than 35, you can't serve more than two terms. So, they were saying, well, if somebody comes here and tries to get on the ballot and they're under 35, or they've already served two terms like President Obama or President Bush, we wouldn't wait for a trial. Of course, we would be able to tell them that they can't be on the ballot. And this is the one point where the court is saying that there's a difference between something so obvious, like age or how many terms you served as president, where you're ineligible, and a complex question like whether someone is guilty of an insurrection. She's pointing out that there's a difference between an objective, knowable fact, such as the age, and prohibiting a candidate from being put on the ballot due to potential constitutional infirmity that has yet to be determined by either a court or Congress. In other words, the question of whether Trump engaged in an insurrection has not been determined. It's not obvious like someone's age or how many terms they've served and therefore, they said,

 

The Court holds there is scant direct evidence regarding whether the Presidency is one of the positions subject to disqualification. The disqualified offices enumerated are presented in descending order starting with the highest levels of the federal government and descending downwards. It starts with “Senator or Representatives in Congress,” then lists “electors of President and Vice President,” and then ends with the catchall phrase of “any office, civil or military, under the United States, or under any State.”

 

To lump the Presidency in with any other civil or military office is odd indeed and very troubling to the Court because as Intervenors point out, Section Three explicitly lists all federal elected positions except the President and Vice President.

 

Under traditional rules of statutory construction, when a list includes specific positions but then fails to include others, courts assume the exclusion was intentional.

 

The Court holds that it is unpersuaded that the drafters intended to include the highest office in the Country in the catchall phrase “office . . . under the United States.” (DISTRICT COURT, CITY AND COUNTY OF DENVER, STATE OF COLORADO, November 17, 2023)

 

So that is the only reason that the November ruling didn’t remove Trump from the ballot, but it issued all kinds of damning findings against Trump. And it was a judge who was so obviously biased against him. You couldn't find a more flagrant Democratic Party activist or liberal activist than this judge. Donated money to a resistance group right before she became a judge. It's almost certain that the only media outlets she watches are the ones that constantly drum into people's heads that Trump is an insurrectionist. The way courts work is that when you go to a court in the first instance and there's a trial or a hearing of some kind, what the judge finds factually is really not reversible by the Supreme Court. They can reverse it on abuse of discretion grounds if it's very clearly wrong. But in general, they give deference to those findings. The only thing a Supreme Court really reversed from a lower court is a legal conclusion. And that is exactly what this Supreme Court did on a 4 to 3 ruling. Four judges said the Judge below was right about everything. The only thing she got wrong was this legal conclusion that the president and vice president are not included in the 14th Amendment prohibition against running if you did an insurrection. We reversed on that. We find the 14th Amendment does apply to the president and therefore Trump is banned from the ballot. 

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So here's the ruling. It's Anderson versus Griswald. This was struck yesterday. And here's the summary of what the Supreme Court four judges on the Supreme Court, the three judges in dissent, all wrote separate opinions. We're just going to show you a small part of those because the key point they emphasize is the one that I've been emphasizing, which is that Trump has never been charged with this crime that they're using to say that he should be disqualified. There is no due process to call him an insurrectionist. But here's what the Colorado Supreme Court said. 

 

In this appeal from a district court proceeding under the Colorado Election Code, the Supreme Court considers whether former President Donald J. Trump may appear on the Colorado Republican presidential primary ballot in 2024. A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot. The court stays its ruling until January 4, 2024, subject to any further appellate proceedings.

 

I want to bring up a tweet. I don’t think we have it but the key point, and I'll just explain this to you, was made by Jason Willey, The Washington Post columnist who's quite a good and objective columnist. He made a very interesting point, which is that all seven judges on the Colorado Supreme Court are Democrats. It's a very blue state. They were appointed by Democratic governors. Four of them went to Ivy League schools, Yale, Penn and Harvard. And three of them went to the University of Denver Law School. So, they're all Democrats. You can't say the 4 to 3 ruling broke down on party lines because there are no party lines. The fully Democratic court. The way it broke down was the four judges who removed Trump from the ballot, all went to Ivy League schools. The three judges who dissented and said the court had no right to remove Trump, all went to the University of Denver Law School. I think the reason why that's so interesting and important is that this is something we've been pounding for a long time, which is what's going on in the United States and the broader Western world that when 2016 happened and British voters enacted Brexit and left the EU, a huge shock to the Western establishment, then four months later, they had the biggest shock of all, which is that Donald Trump defeated Hillary Clinton to become president in the U.S. Western elites went into a panic. They concluded that they could no longer trust their populations to be free to have free speech and to vote freely in elections because when they do, they make the wrong choices and they need to be controlled. They need to be guided. That's when this whole disinformation industry emerged, funded by billionaires and security state agencies, where all of these people from colleges proclaimed themselves “disinformation experts” out of nowhere and started to decree what was true and false for people so that we could remove false ideas from the Internet so that people weren't contaminated or misled by them anymore. They would only get elite-approved views over the Internet. That's what the censorship regime that really emerged after 2016 is about. And now this attempt to put Donald Trump in prison or remove him from the ballot, is a very elite idea, the idea that the peasants cannot be trusted to be free. And so, it's not surprising to me that the division here was between people educated at Ivy League schools on the East Coast and people who went to a local law school in Colorado at the University of Denver. That was the breakdown. Here's what the court said.

 

We hold as follows:

Section Three encompasses the office of the Presidency and someone who has taken an oath as President. On this point, the district court committed a reversible error. 

 

• The district court did not abuse its discretion in admitting portions of Congress’s January 6 Report into evidence at trial. 

 

• The district court did not err in concluding that the events at the U.S. Capitol on January 6, 2021, constituted an “insurrection.” 

 

• The district court did not err in concluding that President Trump “engaged in” that insurrection through his personal actions. 

 

• President Trump’s speech inciting the crowd that breached the U.S. Capitol on January 6, 2021, was not protected by the First Amendment.

 

And then they went on to just affirm and accept every other finding of the district court since it was all against Trump, the District Court did not abuse its discretion in admitting portions of the January 6 report into evidence at trial. The District Court did not error in concluding that the events at the Capitol on January 6 constituted an insurrection. The district court did not air in concluding that President Trump “engaged” in that insurrection through his actions. President Trump's speech inciting the crowd that breached the U.S. Capitol on January 6 was not protected by the First Amendment. 

I mean, this is a very dangerous ruling because of how much it erodes core free speech protections under the First Amendment to find that Trump's January 6 speech is outside the bounds of the Brandenburg protection and that this two or three-hour riot was an insurrection, an intended insurrection that Trump himself incited and instigated. Despite not being charged with that, what would stop a Republican judge from going and taking all the members of Congress over the years, the Democratic members of Congress who have objected to the certification of presidential elections, declaring them insurrectionist without any trial or criminal proceeding or due process and ordering them removed from the ballot or from Congress because just the court finds they're insurrectionists. Nothing. 

Liberals in the United States do see Trump as a Hitler figure and if you see Trump as a Hitler figure, which I promise you, they do, they talk themselves into that every day, even though he was president for four years and didn't do the hallmark Hitlerian things like invading other countries for conquest or setting up death camps for dissidents and minority groups. Just little things like that that Trump didn't do over four years. They still aren't convinced. No. This time he's really going to be Hitler. And if you believe that, and they do, they're not just pretending, they really believe that. They believe this for a long time. You are going to resort to things like this to keep Hitler out of power and to keep Biden in power because you believe that the only way to save American democracy is if you override American democracy to do it. This court ruling it’s such a disgrace, it is such a fraud. Even three Democratic members of the court said that. Here is what the court went on to say:

 

The Constitution delegates to states the authority to prescribe the “Times, Places and Manner” of holding congressional elections, U.S. Const. art. I, § 4, cl. 1, and states retain the power to regulate their own elections, Burdick, 504 U.S. at 433.

 

But does the U.S. Constitution authorize states to assess the constitutional qualifications of presidential candidates? We conclude that it does.

 

There was a case back in 1868, Griffin's case, that actually decided this issue. And they essentially decided in a way that would have precluded the court from removing Trump from the ballot. And listen to what they do with the Supreme Court case from 1868 to get rid of it, just to say we're not following it. 

 

Griffin’s Case concludes that congressional action is needed before Section Three disqualification attaches, but this one case does not persuade us of that point. 

 

That's what that Supreme Court ruling said, that if someone is disqualified under the 14th Amendment, you need a congressional action to remove them. That the Supreme Court said in 1868. So, this court says, “But that one case does not persuade us of that point.” It's a Supreme Court case.

 

Intervenors and amici assert that Griffin’s Case “remains good law and has been repeatedly relied on.” Because the case is not binding on us, the fact that it has not been reversed is of no particular significance. And the cases that cite it do so either with no analysis

 

We do not place the same weight the district court did on the fact that the Presidency is not specifically mentioned in Section Three. It seems most likely that the Presidency is not specifically included because it is so evidently an “office.”

 

Yeah, it's a Supreme Court case, we're not bound by. It's not a very good case. Most cases don't even respect that much. So, we don't care. We're not going to follow that.

 

We do not place the same weight the district court did on the fact that the Presidency is not specifically mentioned in Section Three. It seems most likely that the Presidency is not specifically included because it is so evidently an “office.”

 

Do you see how they're going out of their way to just throw away any argument that stands in the way of what they want to do? Honestly, when I went to law school, I was very excited. I was so passionate about the law. And when I got out of law school, I worked at a very big Wall Street firm and I decided I was going to go there for as long as I could stand it just to learn everything I could about the law. It was a very good law firm filled with extremely smart people. The law firm—Wachtell, Lipton, Rosen & Katz—where George Conway was a partner, husband to Kellyanne Conway. A lot of other very well-connected people. It was a very smart lot. They were defending Goldman Sachs and insurance companies. I knew I didn't want to be doing that with my life. So, I wanted to go and absorb everything I could about the law and then start my own law firm, which I did. And it grew. And we represented a lot of people. But the main reason why I grew tired of the law is because this is what judges do. They just cheat all the time. To get the outcome they want. I thought it worked in my favor. Sometimes it worked against me. But the judges are a joke. Not all of them, but many of them. And you see them here just throwing away precedent that they don't want to deal with, trying to get around the fact of working the 14th Amendment list, “all these other offices, but doesn't list president and vice president.” And just ignoring the fact that even though Trump was never charged with being an insurrectionist, they have to claim he is one to get this rolling, that they want four Democratic judges from the Ivy League schools wanting to prevent the American people from a free choice in this election. That's what this is. 

Let me show you quickly the core of two dissents, two dissenting judges. Here is one of them. 

 

DISSENT

Dismissal is particularly appropriate here because the Electors brought their challenge without a determination from a proceeding (e.g., a prosecution for an insurrection-related offense) with more rigorous procedures to ensure adequate due process. 

 

This is the key. This is why one of the dissenters and really all of the dissenters agreed with this, said that this case had to be thrown out. So obviously. Because it required the court to conclude that January 6 was an insurrection and that Trump engaged in insurrection on January 6, even though it's done without a determination from a proceeding, meaning a prosecution for an insurrection-related offense, they don't have that. They don't have the prosecution for an insurrection-related offense because Trump has not been accused of that. And that criminal process, if it had existed, would entail “more rigorous procedures” to ensure adequate due process. That is so obvious. If you charged Trump of being in an insurrection as he has a whole litany of rights, then you would be able to embrace and invoke and then you'd have a jury trial and you would have a finding of guilt or innocence or not guilty or guilty. They don't have that here. So how can he court without a trial? Determine that Trump is an insurrectionist just because MSNBC says he is one. The dissent goes on:

 

Instead, the Electors relied on section 1-1-113 and its “breakneck pace” to declare President Trump a disqualified insurrectionist. See Frazier, ¶ 11, 401 P.3d at 544.

 

As President Trump, argues and the Electors do not contest, section 1-1-113’s procedures do not provide common tools for complex fact-finding: preliminary evidentiary or pre-trial motions hearings, subpoena powers, basic discovery, depositions, and time for disclosure of witnesses and exhibits.

 

 This same concern was raised in Frazier; the then-Secretary argued that “it is impossible to fully litigate a complex constitutional issue within days or weeks, as is typical of a section 1-1-113 proceeding.”

 

SECOND DISSENT

Our government cannot deprive someone of the right to hold public office without due process of law. 

 

I just this is so well stated and so obviously true that it is shocking to me. Honestly, I've seen a lot of bad court cases. I've seen a lot of abuse of the judicial system. We've been covering it over the last two years. How is this not so obvious? Like I said, you don't need to be a lawyer to see this. Our government cannot deprive someone of the right to hold public office without due process of law.

 

Even if we are convinced that a candidate committed horrible acts in the past—dare I say, engaged in insurrection—there must be procedural due process before we can declare that individual disqualified from holding public office. Procedural due process is one of the aspects of America’s democracy that sets this country apart. (Anderson v Griswold, December 19, 2023)

 

The reality is the Liberals don't believe in due process. They don't believe in due process. The whole MeToo movement was about destroying people with no opportunity to be heard in court. They frequently vilify people as guilty of all sorts of things by mob justice or social media justice. It's not surprising that they want to declare Donald Trump an insurrectionist without bothering to charge him with that crime. Even though due process is central to our entire constitutional framework, to the ability to ensure fairness, it is not a value liberals believe in, and they've proven that over and over, and then obviously includes liberal activist judges on the Colorado Supreme Court. 

Here's the video of Trump, by the way, on January 6 when he was talking to the assembled protesters, his supporters. This was the only time he mentioned or spoke directly to the question of whether or not violence should be used when they go to the capital. Here's what he said. 

 

(Video. January 6, 2021)

 

Donald Trump: I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard today. 

 

How should they protest? This way: 

 

Donald Trump: […] over to the Capitol building to peacefully and patriotically make your voices heard? Today, we will see whether Republicans stand strong for the integrity of our elections. 

 

Does that sound like inciting violence? Telling a gathered crowd to march peacefully on the capital. That was barely mentioned in the ruling but it would be if you had an actual criminal proceeding. And you had due process.

Here was Professor Jonathan Turley, back in August, I believe, addressing the possibility that Trump could be disqualified on this theory, the disqualification of Donald Trump and other legal urban legends. And this is what Turley said about the case brought by Jack Smit, the criminal case:

 

The Disqualification of Donald Trump and Other Legal Urban Legends

 

Not only did Smith not charge him with any such crime, but there was little evidence that even the most radical defendants charged were planning to overthrow the nation’s government or were part of a broader conspiracy. 

 

That leaves us with the argument that any effort to stop a constitutional process is akin to an insurrection or rebellion under the 14th Amendment. If that were the standard, any protests — including the anti-Trump protests and the certification challenges to electoral votes in 2016 — could also be cited as disqualifying. If that were the case, figures such as Rep. Jamie Raskin (D., Md) could be summarily purged from office for having sought to overturn an election.

 

We would be left on a slippery slope, as partisan judges and members would seek to block opposing candidates from ballots, all supposedly in the name of protecting democracy. (Jonathan Turley, August 21, 2023)

 

One of the articles I thought was most interesting was one written by former Congressman Peter Meijer. You may remember him. He was a Republican from Illinois. I believe he only served one term, maybe two terms in office as part of the Republican Party. And he prided himself on being a moderate. He hates Trump. He hates him. He was only one of ten House Republicans, as he says in this article, to vote for Trump's impeachment. On January 6, he joined Liz Cheney and Adam Kinzinger in that crowd and he didn't even end up running for reelection because most of the people who voted to impeach Trump lost in the primary. But he really hates Trump and he hasn't stopped hating him. He's been condemning him since he left Congress. And yet today he wrote in the Free Press this article:

 

Colorado Undermines Democracy in the Name of Democracy

I was one of ten House Republicans who voted to impeach Trump after January 6. I think the court’s decision is shameful. Peter Meijer writes.

 

For years, we’ve been told that Donald Trump is a worse-than-Hitler threat to democracy and that those who opposed him—leading Democrats, the courts, Noam Chomsky, Michael Avenatti, Rachel Maddow, the hosts of The View, even old Twitter—were just trying to protect it. It’s odd then to now be told that the best way to save democracy is by banning Trump from the ballot.

 

January 6 was my third day in Congress. I had to be evacuated from the House chamber after a violent mob stormed the Capitol that day. I considered it then, and consider it now, a dark and shameful day. But no federal court has found, nor is the Justice Department even alleging, that Trump is guilty of anything close to insurrection or rebellion. And yet here is the highest court in an American state taking upon itself to conclude a violation of federal statute. (The Free Press, Peter Meijer, December 20, 2023)

 

I mean, this is the point and everyone can see it. But Democrats don't care. I mean, they are seeing the same polls we're seeing. They see Biden collapsing. He was already in so much political trouble. And now you have a large part of the Democratic base, young voters, Muslims in Michigan, saying they will never vote for Biden. Some of them are probably going to get coerced and propagandized, manipulated by an avalanche of propaganda saying Trump is Hitler, into changing their minds about voting for Biden. But a lot of them are going to stay home. I can tell you that for sure. People who feel strongly about Biden's decision to fund Israel's war in Gaza, to provide the bombs, to stand by Israel, to isolate the U.S. at the UN, to block a cease-fire resolution by having you have to use its veto to protect Israel. A lot of people who would have voted for Biden in 2020 feel very strongly against this war. Very strongly. And they're shocked to see Biden Going out of his way to do everything to protect Israel. Even though Biden's entire career, he's been one of the most pro-Israel politicians in Washington, he's in a lot of trouble politically. And amazingly and this is the oxymoron, this is the paradox of American political life.

As The New York Times today says:

 

Trump’s Legal Jeopardy Hasn’t Hurt His G.O.P. Support, Times/Siena Poll Finds

 

More than 60 percent of Republicans think that if the former president wins the primary he should remain the party’s nominee — even if he is subsequently convicted of a federal crime.

 

Voters in the poll were also equally split — 47 percent to 47 percent — over whether Mr. Trump genuinely believed the election had been stolen or was knowingly making false claims. And, again, more than 80 percent of both Democrats and Republicans sided with their political tribes.

 

Perhaps as a result, the array of charges against Mr. Trump so far does not appear to be helping Mr. Biden politically. Mr. Trump leads Mr. Biden 46 percent to 44 percent among registered voters. (The New York Times, December 20, 2023)

 

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I think Democrats have so overplayed their hand out of desperation and panic. They are engaging in such a blatantly authoritarian policy. I mean, here you see Trump had 54% of Republican voters in July, and now it's gone up to 64%. So, the more he's indicted, the more Democrats abuse their power and the justice system, the more support Trump seems to attract. I really believe that American citizens are going to resent being told that they don't even have the option to defeat Trump at the ballot box if they're not even allowed to vote for Trump. 

They all watched January 6. They all watched what Trump did. And the polls show that they don't believe he really committed serious crimes. Their faith in the justice system is so low that they don't care that he's accused of crimes because they don't trust the process. They don't trust institutions of authority inside the United States, and nor should they. And this decision by four Democratic Party judges, we’ll see what the Supreme Court does with it. But four Democratic Party judges, all from Ivy League schools on the East Coast, who under the most precarious and flawed legal ruling that is evident to anybody, a basic due process objection, telling Americans that they're not even allowed to vote for Trump. I think is going to engender even more resentment still. And all these arguments that Democrats think they can win on that Trump is a grave threat to democracy is going to be very, very difficult to maintain. They advocate censorship, while they try and imprison Joe Biden's primary opponent, and while they try and even deny Americans the right to vote for Donald Trump if they want to. 


So that concludes our show for this evening.

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Christopher Rufo: On Civil Liberties, the American Founding, Academic Freedom, and More
System Update #450

The following is an abridged transcript from System Update’s most recent episode. You can watch the full episode on Rumble or listen to it in podcast form on Apple, Spotify, or any other major podcast provider.  

System Update is an independent show free to all viewers and listeners, but that wouldn’t be possible without our loyal supporters. To keep the show free for everyone, please consider joining our Locals, where we host our members-only aftershow, publish exclusive articles, release these transcripts, and so much more!

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Tonight: Regardless of what you think of him or really about any issue, there's no denying the profound influence that tonight's guest, Christopher Rufo, has had on conservative politics and state and federal policy more broadly, though he has often focused on educational debates and educational institutions – Florida Governor Ron DeSantis, for example, appointed him to a key position to transform that state's New School from an institution largely producing left-wing thought to one that is more aligned with conservative educational dogma and policy. He was also instrumental in publicizing the plagiarism of Harvard President Claudine Gay, which, along with issues regarding campus Israel protests and antisemitism, led to her firing after only six months in that position. He has become one of the most influential voices shaping the views of leading conservative politicians and media figures. 

Rufo appeared on our program once before: back in 2023, where we spent an hour exploring his core beliefs and goals, some of which I agree with and some of which I do not. The conversation was spirited but unfailingly civil, and I think, illuminating of some of the controversies surrounding his work. 

What promoted Rufo's appearance tonight were comments that I had made about him and other right-wing figures in an interview I gave about the Trump administration to Reason Magazine. Rufo saw those comments, noted them and objected to them on X. It led to a back and forth but it became rapidly apparent - at least to me - that social media was the absolute worst venue to try to sort through those issues we were discussing, some of which have a lot of complexity and nuance to them: things like the core values of the American Founding, the values and views that most influenced the founders and how all of those questions apply to our current political debates, especially over civil liberties and the freedom of academic institutions. 

So, I suggested that we remove the conversation to a platform more suitable for a constructive exchange and he quickly agreed to come on this program for us to do so. 

His official biography does not really capture Rufo's influence and accomplishments, but for those unfamiliar with it, he is a senior fellow and director of the Initiative on Critical Race Theory at the Manhattan Institute. He is also a contributing editor of City Journal, where his writings explore a range of issues, including critical race theory, gender ideology, homelessness, addiction, crime, and the decline of American cities. He has been published in Fox and the New York Post and has been the subject of numerous corporate media profiles, the most recent of which is a lengthy interview he gave to the New York Times just last month. He's the author of the New York Times bestselling book, “America's Cultural Revolution,” and as a filmmaker, he has directed four documentaries for PBS, Netflix, and international television, including America Lost, which tells the story of three forgotten American cities. 

The issues we hope to discuss are, in my view, some of the most consequential for American politics and the West more broadly, and I'm very much looking forward to our exploration of our agreements and our disagreements on all of those questions. 


G. Greenwald: Chris, good evening, it's great to see you. Thanks so much for coming on and agreeing to do this.

So, it's interesting, when I was thinking about how to do this, how to conduct our discussion, the issues that we discussed, even though it was just a few tweets, were so far reaching and kind of complex that I had so many things I wanted to talk to you about, so the hard part was figuring out what to kind of focus on. 

There was a series of tweets that you posted in response to that interview I had given in Reason, where I basically said, and it was part of a larger conversation, I was asked specifically about you, that I think you're very shrewd and influential and successful operative and journalist but, to me, it seems like you've gotten to the point where you care more about this kind of Machiavellian quest for power than you do about principles. 

And in response, you said this:

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NIH Ends Fauci's Brutal Dog Experiments; MTG and Massie Shut Down Law to Criminalize Israel Boycotts
System Update #449

The following is an abridged transcript from System Update’s most recent episode. You can watch the full episode on Rumble or listen to it in podcast form on Apple, Spotify, or any other major podcast provider.  

System Update is an independent show free to all viewers and listeners, but that wouldn’t be possible without our loyal supporters. To keep the show free for everyone, please consider joining our Locals, where we host our members-only aftershow, publish exclusive articles, release these transcripts, and so much more!

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Former senior health official who lurked around Washington for 40 years, Anthony Fauci was, well before COVID, highly polarizing and, in many cases, widely disliked. When many of the truths of COVID and his behavior during that pandemic were revealed, he was jettisoned into an entirely new category of the hero/villain narrative that plagues so much of our politics. 

But one constant in his long career was that he was always a robust advocate for and a funder of – an ample funder of – some of the most grotesque, cruelest and pointless medical experimentations on animals in government labs paid for by the government, especially dogs. And when doing these experiments on dogs which have almost no medical value, they often chose on purpose for beagles as their breed of choice because as anyone who has spent any time with beagles will tell you, they have a particularly loving, docile and trustworthy instinct when they are with animals, which makes it very easy to deceive them. 

Justin Goodman is the Senior Vice President of Advocacy and Public Policy at White Coat Waste, is our guest to talk about the major win animal advocacy groups led by the very bipartisan White Coat Lab group scored today. The National Institute of Health, now run by Jay Bhattacharya, under the direction of HHS Secretary RFK Jr., announced that they were eliminating the last government-funded lab experiments on beagles: that was the lab that conducted the so-called barbaric septic shock experiment, and I'll save you the description until later. 

Then, Reason's magazine Matthew Petti wrote an excellent article today, a really good piece of journalism that broke down and analyzed the statute in very clear detail and concluded that it "would arguably be the most draconian measure of this kind to date". He is our second guest tonight. 

Some laws are so extreme and shocking that you can't actually believe anyone in Congress actually proposed them, and for me, this is one. As is true for most of the pro-Israel measures in Washington, it had a long list of co-sponsors from both parties. 

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Justin Goodman is the Senior Vice President of Advocacy and Public Policy at White Coat Waste Project, a non-partisan, non-profit organization that just got done heralding, explaining and it exposed and has held Dr. Fauci accountable for many things, including funding the Wuhan lab, as well as testing cruel, gratuitous, and pointless testing on dogs generally and beagles specifically. For more than two decades, Justin has led successful and award-winning grassroots and lobbying campaigns to end cruel taxpayer-funded experiments on dogs, cats, primates, and other animals. I've long been an admirer of that group and his work, and we're really delighted to have him join us tonight. 

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Glenn Takes Your Questions: Iraq War Lies, Judge Rebukes Trump, Ilham Omar Curses Reporters & More
System Update #448

The following is an abridged transcript from System Update’s most recent episode. You can watch the full episode on Rumble or listen to it in podcast form on Apple, Spotify, or any other major podcast provider.  

System Update is an independent show free to all viewers and listeners, but that wouldn’t be possible without our loyal supporters. To keep the show free for everyone, please consider joining our Locals, where we host our members-only aftershow, publish exclusive articles, release these transcripts, and so much more!

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As most of you know, Friday night is our Q&A show. We take questions submitted throughout the week by members of our Locals community. This week, the questions cover a very wide range of issues including the bizarre story told by former Senator Pat Leahy of Vermont about how he was secretly accosted by shadowy members of the deep state while jogging in 2003, and they directed him to proof that the Bush administration was lying about the proposed war in Iraq. Leahy cast a meaningless vote against the war because of what he saw, but never let the public know about the proof he was shown. 

We also have questions about yesterday’s very significant ruling by another Trump-appointed federal judge who ruled against the Trump administration. This one concluded that the administration lacks the authority even to invoke the wartime Alien Enemies Act, which is what the administration has been using to justify removing people from the U.S. and sending them to an El Salvador prison without so much as a trial. 

Finally, Congresswoman Ilhan Omar of Minnesota uttered very naughty words to a journalist from the Daily Caller, who walked up to her on the street, began filming her, asking her adversarial questions – a perfectly legitimate journalistic activity. Upon seeing the video and Omar's reaction, many conservatives – including many who have spent a decade calling journalists The Enemy of the People and cheering right-wing politicians who have scored journalists often aggressively and with verbal abuse – have now decided that Omar had failed to show journalists the respect and deference that they deserve as journalists. 

We'll examine this and other questions as well, as much as we can, time permitting. 

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The first question comes from @thefarside:

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I totally agree with that point of view and I've seen this happen many times before when senators and Congress members access classified material and they're too scared to show it to the public, even though they could do so on the floor of the Senate or the House enjoying absolute complete immunity: they cannot be prosecuted, criminalized, or arrested for anything said on the floor of Congress. It's legislative immunity. They could just go and reveal it, but they almost never do. They leave it up to people like Edward Snowden, Julian Assange, or other courageous whistleblowers to do it, even though they don't have immunity, while senators just conceal this information. 

So, here's what he wrote in his memoir, “The Road Taken” by Patrick Leahy. By the way, it's not a new memoir; it's from 2022, it was just a couple of years ago, but it just got resurfaced and started going viral on X. I think a lot of people didn't know about it. Who would sit down and read Patrick Leahy's book? I certainly didn't. 

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So, imagine you're just walking on the street with your wife. It's like an old couple walking in the street and out of nowhere, there are very fit joggers behind you. They are following you and they stop and say, “Hey, we hear you're bringing in briefings. How have those been going?” And you say, “Fine, but I can't talk about them.” They're like, “No, no worries. We don't want to talk about that. Just take a look at file 8. Have you seen that?”

He writes:

[…] It was obvious from the look on my face that I had not seen such a file. They suggested I should and that I might find it interesting. Quickly thereafter, I arranged to see File Eight, and it contradicted much of what I had heard from the Bush administration.

Days later, Marcelle and I were out walking again when the two joggers reappeared. After the opening greetings, they told me they understood I had seen File Eight and asked what did I think about it? It was the eeriest conversation I'd experienced in Washington. I felt like a senatorial version of Bob Woodward meeting Deep Throat—only in broad daylight.

I went through the usual disclaimers that I could not talk about any file and if such a file was available and so on. They said of course they understood, but they wondered if I had also been shown File Twelve, using a code word. […]

(The Road Taken, Patrick Leahy. 2022.)

 

They're like, “Hey, remember when we mentioned File Eight? We're glad you took a look at that. No, no, don't worry. We don't need to hear your opinion. We just want to know, you should look at file 12 too.” 

He says:

[…] Again, I think the look on my face gave them the answer. They apologized for interrupting our walk and jogged off.

The next day, I was back in the secure room in the Capitol to read File Twelve, and it again contradicted the statements that the administration, and especially Vice President Cheney, seemed to be relying on, and I told my staff and others that for a number of reasons I absolutely intended to vote against the war in Iraq.

(The Road Taken, Patrick Leahy. 2022.)

According to Patrick Leahy, he had been directed by mysterious deep state operatives, obviously, to classified files that had not been shown by the people briefing Congress on the Iraq War, both of which, he says, proved that the government was lying to the American people. 

You would think, I would think, that somebody in that position would be like, “Hey, I need to alert the American people to the fact that there are documents inside the government's file that prove that what Dick Cheney and George Bush were saying about the war in Iraq are lies.” 

Again, he had legal immunity; he could have read the whole file on the Senate floor and nothing would have happened. Even if he didn't have immunity, I would think you would be duty-bound when the government is selling a war to the population, a very serious invasion on the other side of the world, not a few bombs being dropped, and you have proof that what the government is saying is lying, but that's not what Patrick Leahy did and he admitted that in his book, not even realizing there's anything wrong with it. 

There's a woman on X who I find to be genuinely one of the smartest and most interesting X accounts to follow. Her X name is @villagecrazylady, but her name is Mel. She is very upfront. She does a podcast, a self-identified MAGA woman from the South. Yet, she believes the MAGA principle, she is vehemently opposed to all kinds of intervention, she's opposed to funding the war in Ukraine, funding Israel's war in Gaza, going to war with Iran, bombing Yemen, all the things that we were promised that Trump would do in foreign policy, she actually believes in it and insists on it and complains when it doesn't happen as it should. And she's just very smart. She's just always plugged into what I think are the right things, thinking about things that are really interesting, and I actually learned a lot from following her. I'm going to have her on the show soon. She was the one who alerted me to this. I think she was probably the one who alerted a lot of people to this, she said: 

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 I think what's really notable, too, is imagine that you're those two guys who obviously are risking their career, probably risking their liberty to try to make sure that Patrick Leahy sees, not just circumstantial evidence, but proof that the Bush-Cheney administration is lying about the key arguments they're trying to sell to the public to justify the invasion of Iraq. They put themselves on the line, they put themselves at risk because they apparently thought it was important for the truth to be known and they get Leahy to go read both of those files, and he just does nothing, nothing, to tell the public. He's just like, “Yeah, I'm going to vote no.” He didn't even tell his fellow senators. He didn't say a word. 

How pathetic is that? How cowardly is that? You run for the Senate, you're a career politician, you're old, you're in your 23rd term or whatever. Who cares? But don't you have any sense of duty at all? 

I don't want to be naive. I get that these are scummy politicians, very conniving. The more they stay around Washington, probably the fewer principles they believe they can operate on, the more kind of just pragmatic and cunning or whatever they become. But you're talking here about the most serious war that the United States has fought since it left Vietnam and you have the evidence in your hands that the government is lying yet again, like they did with the Vietnam War and the Gulf of Tonkin, and you just sit and say nothing? 

But there's a counterexample. When Daniel Ellsberg discovered the Pentagon Papers in the late 1960s, a multi-volume, tens of thousands of pages compiled by the Pentagon, the Pentagon Papers concluded and members of the highest levels of the government also knew under Lyndon Johnson and then Richard Nixon that there was no way the U.S. could win the war in Vietnam; at most, they could fight to a standstill. Yet they were constantly telling the public that was growing tired of this war, like, “Hey, we're losing all our young men who are being drafted, we're killing huge numbers of people, we're spending tons of money, there's social unrest. What is going on?” So, the Pentagon would say, “Oh, don't worry. We're close to winning. We're like six months away from winning. We're making immense progress.” In the Pentagon Papers, though, they were saying the exact opposite. They knew they could not win, so it's the same thing. 

Daniel Ellsberg had proof in his hands that the American government was lying to the people about the Vietnam War. Ellsberg had a very high position in the government. He had a PhD in nuclear policy from Harvard, zand he worked at the highest levels of the Rand Corporation, had some of the most sensitive documents inside the government and he did what Patrick Leahy wouldn't do.

He wasn't a senator; he didn't have any sort of parliamentary immunity, but he tried to get members of Congress to read it on the floor, as he couldn't, he went to The New York Times, The Washington Post, and they published parts of it. But then finally, he found Senator Mike Gravel, a Republican from Alaska, who was like, “No, you know what? I have parliamentary immunity, and this is what it's for. The public has a right to know that the American government is lying.” 

By the way, Daniel Ellsberg was charged with espionage, they tried to imprison him for life and the only reason his case was dismissed was because the Nixon administration was discovered to have burglarized the office of his psychoanalyst to try to find dirt on the private life of Daniel Ellsberg and the judge, because of that misconduct, dismissed the case, but had the judge not done so, Daniel Ellsberg probably would have been in prison for the rest of his life. He just died about 18 months ago at the age of 94. 

I had the honor of working with him when we created the Freedom of the Press Foundation together, he was unbelievably smart. One of the smartest people I've ever met. And even at like ‘91 or ‘92, he would attend these board meetings we had at the Freedom the Press foundation and just present the most complex arguments possible. 

So, he got Senator Gravel to read it from the floor of the Senate, and this is what that kind of bravery looks like. 

Video. Sen. Mike Gravel, US Senate Chamber. June 21, 1971.

So, that was the prelude to him then reading the Pentagon Papers into the record. You can be uncomfortable with, or even mock if you want, the very emotional display of Senator Gravel there. He was crying in the middle of that statement. But I would suggest that that is a far more admirable, noble and understandable reaction than what Senator Leahy did. 

I mean, every day, if you're a senator in the late 1960s, early 1970s, you're getting intelligence briefings about how unbelievably horrific the Vietnam War is: 58,000 Americans killed, two million Vietnamese, at least, killed. I mean, just the use of biological agents like Agent Orange, it was a brutal, savage, barbaric war, and the people who were in there, in the middle of the jungles and rivers of Vietnam, had no idea why they were fighting, why they were being killed on the other side of the world. 

So, if you're aware of information that the public can perhaps use to understand they're being lied to and hopefully stop the war, I think it's absolutely commendable to think about what's happening to human beings. I mean, that's a humanistic response. 

He didn't just cry about it, he actually tried to do something about it. Even though they have parliamentary immunity, reading top-secret Pentagon documents about a war in the middle of Washington, D.C., you would never know for certain that that's going to be honored. 

Here in Brazil, there's just a very similar parliamentary immunity privilege that people in Congress and the Senate enjoy. A couple of months ago, a member of Congress went to the microphone to speak at the tribunal where he heavily criticized the authoritarian chief judge of the Supreme Court, even though he's not technically the chief judge; he acts that way, Alexandre de Moraes. And then, shortly after, Alexandre de Moraes ordered the police to investigate him and to try to convict him for having spoken there. And their argument was, “Yeah, they have parliamentary immunity, but it's not absolute.” 

There's another case that I'm very familiar with, that I've had personal dealings with, that to this day sickens me and I just want to tell you about. 

For about two or three years before the Snowden reporting started, before Edward Snowden risked his liberty to come forward and show his fellow citizens the truth about how the government was spying on them with no limits and no warrants, and risking his life in prison to do it, two different senators, Ron Wyden of Oregon and Mark Udall of Colorado, went around hinting that, “Oh, the NSA is doing some really bad stuff that if the American public knew about it, would be enraged by,” but they never said what it was. They could have done what Senator Gravel did and gone to the fore, but no, they just kept hinting. They would write emails, be in interviews, they would go write up ads saying, “Oh, if you only knew how they were interpreting the Patriot Act and what they were allowing the NSA to do, you would be enraged.” But they didn't have the courage to say it. 

And it was only once Snowden came forward and we started publishing reporting about what the NSA was doing based on his courageous act, did they start coming forward and say things. The headline of The Washington Post, July 28, 2013, is: “With NSA revelations, Sen. Ron Wyden’s vague privacy warnings finally become clear”. 

I mean, you know what? I reported on this topic for three years. It was a very important part of my career. I still pay very close attention to this violence debate but I could barely get through that. It was so ambiguous, so bereft of anything substantive that you could really understand what the government was doing, because he, too, was just a coward and then the minute we came out with that report, he's like, “I tried everything.” Yeah, everything except disclosing what you could have disclosed to let the American people know way before Edward Snowden came forward, so that he didn't have to spend his life in prison or Russia. 

People in the government, in the intelligence community, were trying to alert the public through Leahy that this proof existed, but he was too much of a coward to do anything about it. And so were Senators Wyden and Udall, whereas Senator Gravel wasn't. 

I just want to say the final thing: when Edward Snowden did their job for them and he comes forward, he doesn't dump it all on the internet, he is as careful as he can be, he gives it to journalists with very conservative instructions about only to use this very carefully, don't put anybody in danger, only use it to reveal to the public what they should know. And then he, of course, gets immediately indicted on multiple felony charges, including the Espionage Act, which would send him to prison for the rest of his life. 

They would ask Senator Wyden and Senator Udall, “Well, he revealed what you said should have been revealed. What do you think of him? Are you defending him? Do you think the prosecution would be dropped?” And they'd be like, “I'm not really going to talk about Snowden. I mean, he disclosed classified information. You can't have that.” – basically calling him a criminal for doing what he did only because they were too afraid to. 

These people are propellant. They'll let wars happen rather than step forward and confront any sort of risk or warrantless unconstitutional eavesdropping, as the courts ruled on American citizens with no warrants. And that's the kind of people that, unfortunately, with some exceptions, but very few, get to Washington and sit in both houses of Congress. 

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All right, here's the next question, from @Andante423: 

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It's a great question. Thank you. 

Just to give you the context, because it's so important, all of you, of course, remember when Trump just picked up, ICE picked up, 238 Venezuelans, and then, just in the middle of the night, shipped them out of the United States on a plane to an El Salvador prison. They filmed these people having been dehumanized, being humiliated, having their heads shaved, kneeling on the floor and it's almost certainly the case that at least some of them weren’t guilty of being gang members, but they're in this prison that's designed to be permanent. It runs on slave labor; it's one of the most abusive ones. 

But when this got to the Supreme Court, the Supreme court said by a 9-0 ruling – so that includes Justice Thomas, Justice Alito, Justice Gorsuch, Justice Kavanaugh, all the conservatives’ favorite judges – “Even if you want to use the Alien Enemies Act, you still have to give these people a due process. You have to give them a hearing, advance notice of their intent to be removed and then their opportunity to go into court and present evidence that they’re not a gang member.” 

So, they already said you have to give them a court hearing; in this court hearing, the judges should decide two things. Number one: Does Trump have the right to invoke the Alien Enemies Act? It's supposed to be a wartime statute. It's only for wartime. The only three times it was invoked previously were the War of 1812, World War I and World War II. 

Just to give you a feel for how extremist this power is, that's what FDR used to order all Japanese Americans interned in concentration camps because they were suspected of being loyal to Japan, which is generally considered one of the most shameful acts of the 20th century – but at least there was a real war going on. 

When the lawyers for the Venezuelan detainees sued in federal court to argue that this law was invalidly invoked and they weren't gang members, they got the best judge they could have gotten. They got a judge appointed by Donald Trump in his first term. So, he's a Trump-appointed judge and you can imagine how conservative judges Trump appoints from Texas are. 

Yet that's the judge who yesterday said that there's no legal foundation for adopting and invoking the Alien Enemies Act because we're not actually in war. 

The Trump administration had to concoct a theory and their argument was we're basically at war with these international drug gangs that are invading our country. They're like an invading army. 

Here's the ruling from this Trump-appointed judge issued yesterday. 

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There you see the caption. It is J.A.V., which is one of the Venezuelan detainees that they want to deport, versus Donald Trump. It's quite long, but it's not actually a long opinion. You can read it. The link is here.

It explains why, based on the statute, the president cannot invoke this law, because it's only for wartime and we're not at wartime. It's as simple as that. 

I've seen a lot of conservatives questioning why the courts get to decide this. In part, it's because that's been how the Supreme Court and the judicial power have been interpreted for more than 200 years, going back to Marbury v. Madison, and if you think about it, it has to be this way. 

The purpose of the Constitution is to limit the powers of the federal government, to limit the powers of the president and Congress. The government can't do this, it can't do that, it cannot do the other thing. So, if the president ignores the constitution, let's say Joe Biden orders that all Trump supporters be rounded up and imprisoned with no trial, obviously a violation of the constitution, if you can't go to the courts and seek relief and ask the courts to declare that unconstitutional, who does that then? Where do you go? Where do you get relief? The president just starts ordering his political enemies imprisoned with no trial, no due process. Of course, it's the courts who have to say this is unconstitutional, therefore, it can't be done. 

That's how our system works. And it's all balanced. It's not like the courts are the supreme branches that sometimes people try and claim. It's the president who appoints the judges who are on the courts. The Senate has to confirm them. If they start abusing their power, they can be impeached. And federal court judges have been impeached before, not often, but they can, and they have been. 

On top of that, the courts really have no way to execute their decisions. They don't have an army, they don't have guns, they don't have any way to force a president. The president or Congress respects the credibility of the courts, and that's why court decisions are abided by. But if you're going to have a constitution and a set of laws, you need to have somebody who interprets what those are and who decrees what they are. You can't ask the president to rule in his own case, like, “Hey, Mr. President, are you violating the law? Are you violating the Constitution?” 

Obviously, tons of conservatives, many times, under Clinton, under Obama, under Biden, ran into court and asked federal court judges to put a stop to what those administrations were doing. 

It is true that there are a lot more of those rulings coming under Trump. You could make the argument that it’s because he has so many new policies that have tested and pushed the limits of the law. But that's how our system works. It works that way under every president. I do think picking people up in our country and sending them for life in prison in a country they have nothing to do with and have never been to, from where they'll never get out, is an extremist power and we definitely need judicial review. 

As the Court said, the president, despite not being able to use the Alien Enemies Act, has all the legal authority in the world to deport people who are illegally in the country. There is another set of laws, the Immigration and Nationality Act and others. That's how President Obama deported millions of people. He didn't use the Alien Enemies Act; he used the set of laws that are normally used for that. That's what the court is saying: it doesn't mean you can't deport people in the country illegally, it's your obligation, your right and your duty to do that, you just can't use this wartime power to do so because we're not at war, as the statute describes it. 

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All right, this one is from @MarcJohnson125, who says: 

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All right, so just to set the stage for this, so you can see what happened, for those of you who haven't, Congresswoman Ilhan Omar was walking on the street toward the Capitol, and it's very common for journalists to work there. That's one of the places you can ask members of Congress questions, even if they don't invite you into their office or agree to an interview. It's very often done. So, the reporter's not doing anything wrong here at all, I don’t think, but this is how Congresswoman Omar reacted: 

Video. Ilhan Omar, The Daily Caller. May 1, 2025.

Okay, it was a little bit of a snarky question. That's okay. Reporters can be snarky. They don't have to be super deferential, super respectful. He didn't assault her; he didn't do anything. But in return, yeah, she used a naughty word. It's a word you tell your nine-year-old kid not to use, but adults use that word. She wasn't aggressive about it. She wasn't violent, she didn't attack him, she didn't threaten him. He asked this question, she was bothered by it and she says, “I think you should fuck off.” And then he said, “Excuse me, what?” She didn't backtrack at all. 

And that was it, maybe not the best way to handle a journalist, I'll certainly accept that. Maybe a member of Congress should conduct themselves with more, whatever, decorum, if you want to say that. I mean, Trump campaigned throughout 2024 using every curse word he could think of in his rallies. So let's not invoke decorum unless the politicians you most admire are actually adhering to it as well. 

Here was Nancy Mace, who was questioned by a constituent, not a journalist even, but a constituent in her home district when she was at some sort of drugstore and here's what happened. 

Video. Nancy Mace, X. April 19, 2025.

All right, that seems unhinged to me, to be honest. He was very polite. He kept his distance. He wasn't the slightest bit aggressive. It's part of the duty of members of Congress and she's like very aggressive, right from the beginning, very hostile and out of nowhere, by the way, “I voted for gay marriage twice.” Why would you say that? I mean, yeah, he is pretty clearly gay but why would you bring that up? Why does that even enter your brain? And then by the end of it, she used the F-word for, I don't know, 10 times maybe, probably, and said other things as well. 

So, if you're going to be very upset by Ilhan Omar using an f-word with a journalist – we all know journalists deserve the greatest deference, the highest amount of respect – if that's the sort of thing that you really want to hold politicians to, like no naughty words, then you ought to be complaining about Trump, who curses more than any politician I've ever seen. And it doesn't bother me, by the way. Or what Nancy Mace did, which is, of all those things, like the most unhinged. 

Here's Charlie Kirk, yesterday, after he saw the video:

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Piers Morgan, the British subject who loves to spend his time commenting on American politics:

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Here's Libs of TikTok, always the beacon of perfect politeness and civility and respect for others. She says:

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That wasn't the question: whether they're going to. He said, “Should they?” Do you think that more should go? As I said, it was a snippy question, but who cares? 

These are the people – the Trump movement, the American right, Trump himself – who spent 10 years calling journalists the “enemy of the people,” which I don't disagree with and never bothered me. In fact, I can make an argument about why that's legitimate. But still, that's some very aggressive, hostile rhetoric to use about journalists. Republican politicians over the last 10 years have frequently scorned and insulted journalists. Trump insults every journalist who asks him a question. Everyone. And now they’re going to turn around and be like “A politician should not speak to a journalist in this manner. Journalists deserve the highest respect. She has no class.” 

How about Nancy Mace? Does she have class? Does Donald Trump have class? This is the kind of thing I really can't stand. I really can’t stand it. I just have some consistent standards, especially on these kinds of trivial issues, and to act like Ilhan Omar is some kind of heathen, some kind of threat to society! “She doesn't have gratitude toward America.” She's an American citizen. Yeah, she was born in another country and became an American citizen and the same is true of Elon Musk and Melania Trump and a lot of other people. She's still a full citizen like anybody else is.

To be honest, I thought what Ilhan Omar did was funny. I mean, I kind of thought that the whole thing with Nancy Mace was sort of funny. I think Trump is funny; like, loosen up. The rectum doesn't always have to be, like, so tightly closed when you're pretending to be offended by things. I think we want our politicians to be more human. This is how people speak. 

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All right, one last question. It’s from @Sambista. 

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So yeah, they're all doing great actually. All the ones you named and all the other dogs that you've gotten to know they're doing very well. I appreciate your asking. And yeah, I actually wish I could find a way to integrate the dogs into the show more, or something like wander around. Maybe Friday night is a good night to do it. We'll think about it. But yeah, appreciate your asking. 

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