Judicial Interventions and Lawfare: Challenges Facing the Trump Administration

[00:00] joining us now is Alex Marlo

[00:01] editor-in-chief of bright breitbart.com

[00:03] and host of the Alex Marlo show Alex

[00:06] great to see you again my friend Charlie

[00:08] it's been too long congrats on all the

[00:09] great success always a pleasure to be on

[00:11] your Terrific show thank you so it's

[00:13] really interesting as Caroline lit's

[00:15] doing this press conference it was a

[00:17] perfect segue it was all about lawfare

[00:19] and these judges it's very confusing to

[00:23] some people in our audience

[00:25] understandably because they say wait a

[00:26] second how can you tell me that a

[00:28] federal judge in the Northern Mariana

[00:30] Islands has the ability to veto a

[00:33] president walk us through the facts of

[00:35] the case and then we'll go deeper yeah

[00:37] and there's many cases and this is going

[00:39] to be the new normal because if you

[00:41] think about it Charlie look at how the

[00:42] left is operating right now they're

[00:44] completely lost it's the the hey hey ho

[00:46] ho Elon Musk has got to go is not gonna

[00:49] fight what Trump has got going right now

[00:51] I mean think about his Sunday Charlie

[00:53] he's playing golf with Tiger Woods he's

[00:55] banning plastic straws he's shutting

[00:57] down the penny and then he's going to

[00:58] the Super Bowl he's getting cheered

[00:59] Taylor Swift's getting booed you can't

[01:01] stop that in a cultural level

[01:02] legislatively we got the numbers we keep

[01:04] getting our confirmations through this

[01:06] is all they've got left all they've got

[01:08] left as the law fair and they've built

[01:10] this superstructure over decades a lot

[01:12] of these judges that are stopping him

[01:13] right now are appointed not just by

[01:16] Biden not just by Obama but dating back

[01:18] to Bill Clinton these judges are

[01:19] standing in his way and they're going to

[01:21] continue to do that because of the way

[01:23] the system is in its nature basically

[01:25] what happens is that you can file a

[01:27] complaint and then the complaint can go

[01:29] if you target a specific area where you

[01:32] know there's a good chance you're going

[01:33] to get a liberal judge it's different

[01:34] from region to region but there are

[01:36] Judges that are on call sometimes you

[01:38] know when a judge is specifically there

[01:40] Fielding these emergency orders if you

[01:42] claim something as an emergency and the

[01:44] judge is a Democrat donor is a Democrat

[01:47] appointee is someone who's an activist

[01:48] lawfare judge they're going to have the

[01:51] ability to put a preliminary injunction

[01:53] or a temporary uh or a temporary

[01:56] restraining order on a lot of Trump's

[01:58] agenda and that's going to shut it down

[01:59] at least for a period of time either for

[02:02] a set amount of time or for an amount of

[02:03] time where it can work its way through

[02:04] the court eventually hopefully get to a

[02:06] more conservative court and get

[02:08] overturned but this is a potent weapon

[02:10] and there's not a super easy solution to

[02:13] it so the let's go through some of the

[02:16] details here what are the more egregious

[02:18] judicial interventions that we are

[02:20] seeing right now thank you for asking I

[02:23] have a piece on this which you were kind

[02:24] enough to tweet which I appreciate a

[02:25] breart news and uh I've got seven of

[02:27] them but there's been one or two since I

[02:28] put out

[02:30] so yeah take this judge Angel Kelly from

[02:33] the US District Court of Massachusetts

[02:36] nominated by Biden this is a person who

[02:38] is a Dei hire a person who has admitted

[02:42] that she's basically been elevated

[02:43] because she's African-American she's

[02:45] Asian and she uses Dei hiring when she

[02:48] does her hiring this is her whole

[02:51] background and she's someone who

[02:52] Elizabeth Warren has described to

[02:54] someone who's made a personal mission to

[02:57] bring about change through her role on

[02:59] the bench and what she's done is she's

[03:01] uh shut down Trump and Moss effort to

[03:04] cut the uh to put a cap on overhead

[03:07] spending for the National Institute of

[03:08] Health this is stuff that's not going to

[03:10] funding any sort of uh any sort of

[03:13] research anything that's actually

[03:14] important that might actually make us

[03:16] healthier potentially this is just pure

[03:18] waste this is just pure administrative

[03:19] abuse they're not even shutting it down

[03:21] they want to put a cap at 15% of this

[03:24] expenditures Max can go to this and she

[03:26] said no we're shutting it down and so

[03:28] this is just one example this is a

[03:30] person who is known for uh blocking a

[03:33] officer's first amendment's rights to

[03:35] complain about the George Floyd act on

[03:37] his personal Facebook that's her wiring

[03:39] citing bogus black lives matter talking

[03:41] points when she's done that one of many

[03:44] examples another judge senior Judge Amy

[03:46] Burman Jackson from the US District of

[03:48] court of of uh District of Columbia this

[03:50] is a person who built her reputation not

[03:52] just donating to Democrats which she did

[03:54] um but an Obama point but she's known

[03:57] for jailing the j6 prisoners so she's

[04:01] basically built the second half of her

[04:02] career on being one of the main attack

[04:04] dogs trying to lock up the j6 prisoners

[04:07] and uh what she's done in a clearly

[04:10] partisan thing is that she recently put

[04:12] a temporary restraining order on Trump's

[04:15] efforts to fire a person from The Office

[04:17] of the special counsel that Biden

[04:19] appointed so Trump's trying to shut down

[04:21] a deep State person fire them routine

[04:23] stuff you think a president should be

[04:24] able to do this not according to the

[04:26] great uh Amy Burman Jackson the list

[04:29] goes on on and on a chief judge John J

[04:31] McConnell of the US District Court of

[04:33] Rhode Island this is one that people

[04:34] have been uh has been the news in the

[04:36] bit for a bit because daily callers but

[04:38] on top of this guy he's blocking a

[04:40] spending freeze that Trump has so

[04:42] another thing where Trump can't stop

[04:44] spending he can't uh he can't fire

[04:46] people unless he wants to run into all

[04:48] it takes is one of these liberal judges

[04:51] this guy is a mega donor to Democrats

[04:53] not a run of the mill donor he built a

[04:56] huge War chest for himself in the

[04:57] private sector then he goes into a Jud

[04:59] ship and he's able to just uh do his

[05:03] leftwing work from the bench it's a

[05:05] catastrophe for the rule of law and for

[05:07] our own democracy people who care about

[05:10] uh democracy Charlie this is the biggest

[05:12] threat going on right now so and I want

[05:14] to reiterate this point and Alex I think

[05:16] you'll appreciate this in Brazil and

[05:18] Israel to a lesser extent they have a

[05:21] super Judiciary that basically runs the

[05:23] country there is an Elite Class of

[05:26] entrenched legal Minds that have a veto

[05:29] over the will of the people we are not

[05:31] there yet but based on this Behavior we

[05:35] are blindly barreling towards

[05:38] that oh you're 100% correct on this I

[05:41] was thinking about one I think this is

[05:42] one you highlighted on your ex account

[05:44] um this senior judge Colleen caller Cod

[05:47] who openly mocked a Christian to their

[05:50] face a a there's a dying a dying person

[05:53] who had been sentenced by her to jail 77

[05:56] years old for protesting at an abortion

[05:59] Mill and uh she just mocked this family

[06:02] saying make every effort to stay alive

[06:04] as part of the tenants of your religion

[06:06] we people are o overly mocking

[06:08] Christians on the bench blocking Trump's

[06:10] agenda right now and this is the tip of

[06:12] the iceberg these are those are half of

[06:13] the examples I highlight in my piece

[06:16] we're at on the brink of something that

[06:18] is really the left on talk about a

[06:19] constitutional crisis when judges are

[06:22] openly subverting the democratically

[06:24] elected president at this level and it's

[06:26] not going to stop this is going to

[06:27] continue then we are really at a level

[06:30] where it is the court is asserting

[06:32] itself above the other branches of

[06:34] government at this

[06:37] time this is a deeper point but you

[06:39] think about it we have a super

[06:40] legislative power they say you must do

[06:42] everything Congress says even things

[06:43] that it doesn't says it just implies and

[06:45] then we have a super judicial and it is

[06:47] the shrinking and the vanishing of

[06:49] article two the presidency doesn't have

[06:51] power of the bureaucracy but judges and

[06:53] Congress does how does that work oh it's

[06:57] an amazing thing because you watch it

[06:58] and you think that we put all this

[07:01] culturally we have all this time spent

[07:04] on the presidential election is it is a

[07:06] whole it's the greatest TV show on Earth

[07:08] is watching the presidential election

[07:10] just the sport of it the pure sport of

[07:12] politics and then Trump gets in there

[07:14] and he's trying to do stuff like the

[07:16] exact stuff he promised he was going to

[07:17] do and these people who none of us have

[07:20] ever heard of and I studi this stuff

[07:21] religiously I had heard of most of these

[07:23] names Charlie a couple of these names

[07:24] I'd heard of most of them I had even

[07:25] heard of until the last couple weeks and

[07:27] all of a sudden they're just standing a

[07:29] thwart 70 plus million Americans 30

[07:31] States and saying no you don't get to

[07:33] have what you want it's so outrageous

[07:36] and the sad part is there's no real easy

[07:38] recourse to stop

[07:40] them so the how how do you see this

[07:45] settling because unfortunately the only

[07:47] answer is time right because then it has

[07:50] to work its way up eventually to the

[07:51] Supreme Court but in in the current

[07:55] former fashion all it takes is one judge

[07:58] to be able to veto activity of a

[08:01] president yeah that's exactly the

[08:03] situation we're in if you file the right

[08:05] complaint the right area then you can at

[08:07] least get temporary restraining orders

[08:09] and these uh and and these preliminary

[08:11] injunctions that it's going to slow down

[08:13] the agenda at a big way so here's what

[08:14] you got to do the first thing is Trump's

[08:16] flood the Zone approach is correct

[08:19] because the even though from a news

[08:21] perspective I wish we could dwell on

[08:22] some of the victories for a little

[08:23] longer Charlie and I think you're

[08:25] probably in agreement on that it'd be

[08:26] fun to take more time to celebrate some

[08:27] of the great stuff that's happening but

[08:29] we got move on to the next thing um but

[08:31] that's the right approach because

[08:33] they're just not even though the left is

[08:35] very strategic they've got this huge

[08:36] laware super structure uh make them work

[08:39] in order to block all this stuff so if

[08:41] they block a quarter of it that's not

[08:43] great but it's better than them blocking

[08:45] half it's better than them blocking you

[08:47] know 75% of a much smaller agenda so

[08:50] keep the agenda broad keep going but we

[08:52] also have to win every single election

[08:54] this is why the work you do turnning

[08:55] perint action is so big people have to

[08:57] make sure that we're running up the

[08:58] score because because the bigger our

[09:00] majorities are in the Congress and in

[09:01] the Senate then there's more options

[09:03] that we have because we can start using

[09:05] the Constitution the legislature to be

[09:08] able to uh expand our rules and change

[09:10] some of these rules I was thinking about

[09:11] the other day uh the ninth circuit's too

[09:13] big we got to limit the ninth circuit

[09:14] the 11 circuit's new it only came out in

[09:16] the 80s let's do stuff like that let's

[09:18] start thinking outside the box let start

[09:20] tapping guys like Senator Lee who's

[09:22] really good on this stuff let's pick his

[09:24] brain what do we got to do here to come

[09:26] outside the box stuff we' never thought

[09:28] of to try to limit some of their power

[09:30] it's going to take years for some of it

[09:31] but let's start thinking now and be

[09:33] prepared so just like Trump did with his

[09:35] executive orders at the start of his

[09:36] administration the second we have the

[09:38] numbers let's run headlong into it and

[09:40] then make them stop us by the way

[09:41] circuit courts are a

[09:43] created idea of the Congress it is not

[09:46] in the Constitution I'm not saying it's

[09:48] unconstitutional I'm saying it's not in

[09:50] the Constitution you don't need circuit

[09:51] courts only the US Supreme Court was

[09:54] originally authored Congress has

[09:55] authority to get rid of these oh we

[09:57] don't need 11 circuit rid of the N

[09:58] circuit I mean these judges are playing

[10:00] with fire uh Alex please plug your stuff

[10:02] so our audience uh can follow you and

[10:05] we're colleagues now Alex Marlo show on

[10:07] Salem and wherever you get your podcast

[10:09] YouTube Rumble iTunes Spotify and it's

[10:12] going incredibly well so if any of you

[10:13] in my audience as well thank you so it's

[10:15] going great and we're off to a great

[10:16] start and Charlie I'd love to have a

[10:18] long sit down with you whenever you get

[10:19] the chance Alex thanks so much talk to

[10:21] you soon thank you thanks Charlie