Chief Justice John Roberts steps into the middle of a constitutional crisis. Jonathan Martin of The New York Times and Leanne Wu of The Weekly Standard react to Chief Justice Roberts' rebuke of Donald Trump and the reaction from the rest of the conservative world.
00:05:09.260Wednesday, 19 March, Year of the Alert, 2025.
00:05:13.820The firestorm that is upon us, I think I have to agree with Jonathan Martin of the New York Times,
00:05:19.700that we are hurtling towards a constitutional crisis.
00:05:22.800Chief Justice Roberts stepped into the middle of this yesterday with, I think, completely inappropriate pronouncement.
00:05:31.380That essentially is giving sustenance and moral backing to these radical neo-Marxist judges at the front line, federal judges.
00:05:43.040This is, you know, the world's an efficient market, as they teach at Harvard Business School.
00:05:47.920And all those years of Obama appointees and Biden appointees and, quite frankly, Bush, feckless Bush appointees are coming home to reason.
00:05:59.220And in the fact in San Francisco, with that field stripping of the Justice Department and President Trump's actual power to riff people and to take care, you know,
00:06:10.640get rid of these probationary employees, the judges, I think, from the Clinton era.
00:06:15.400But you see these neo-Marxist radical judges appointed by Democrats or feckless neoliberal, neoconservative Republicans are, that's the only thing they got going for them.
00:06:28.740They haven't been able to generate their color revolution, although they try every day, to the fact now they're doxing Tesla people.
00:06:42.720These were all the people that Elon Musk was a god for when he came with the electric vehicle.
00:06:49.500Just remember, in the first administration, Elon, I think, was in my office, I don't know, every day or every other day for the first couple of months about tax breaks for electric vehicles.
00:06:59.580And President Trump was absolutely adamant.
00:07:32.060But you see, they can't get – they're so desperate.
00:07:38.200Now they're taking Bernie and AOC on a college tour essentially to try to gin up and they're using this faux populism.
00:07:45.380They're coming after the billionaires after they had four years to do anything about it and did nothing, did nothing.
00:07:51.400The billionaires all flipped at 11 p.m. Eastern Standard Time on the 5th of November when it became obvious that MAGA had won and President Trump had the greatest comeback in American history.
00:08:02.540All of a sudden, they got old-time religion.
00:08:04.800That old-time religion, you scratch it, it's at one-eighth of an inch deep.
00:08:12.000And what has happened now is the one line of defense, and they're turning it to offense, is the courts, of which you've labored so hard to make sure we have politicians in there that we can get the Supreme Court and the Federal Court and the Appellate Court and all of it turned around.
00:08:28.180Now, this is one of the reasons, at the state court level, the situation with this vacancy in Wisconsin is so huge.
00:08:49.640Todd Benzman or someone from CIS will be on later to walk through that.
00:08:53.500But also, the New York Times has a full-scale kind of, I don't know if it's an expose, but talking about every organized effort of the Trump administration, the outside groups, et cetera, to take on the dark money and the network, the rat's nest in back of the Democratic Party.
00:09:21.600D.C., your tweet got my interest, and we're supposed to try to get Eric Tietzel, who you kind of reposted but kind of laid it out in layman's terms.
00:09:30.840First off, D.C., Drano, a lot of people don't know that you actually went to one of the finest law schools in the country.
00:09:38.000What are your bona fides as a lawyer before we get into this, your feelings and issues and observations about where we stand with federal courts, sir?
00:09:47.540Well, I went to University of Chicago Law, and we called feelings the F word, and the F word was not allowed in classroom discussions, only facts.
00:09:58.360So, Rogan, why did Tietzel put this analysis up?
00:10:04.920We're going to have to try to get Eric in a second from CRA, the kind of anchorman after the great Russ vote went into the administration.
00:10:12.280Why did you find it compelling, and why are you one of the people on the front line of this pushing what we're being bombarded, you know, overnight?
00:10:20.560I was on Chris Cuomo last night and absolutely bombarded with how we're so outside the mainstream, how this is so radical that we're trying to impeach federal judges.
00:10:34.580No, they're the ones that are outside the mainstream and defying historic precedent.
00:10:39.060What we are experiencing right now, everyone feels it in their gut, this frustration.
00:10:44.260We just had a duly elected president, popular vote, every swing state, and now we are experiencing what is called a judicial coup, okay?
00:10:53.420The decades of infiltration in higher education by these Marxists has led to this moment, right?
00:11:00.160All those years of training and woke, and it's basically the anti-federalist society, right?
00:11:06.080So the Federalist Society teaches judicial restraint.
00:11:08.480The anti-federalists want judicial overreach, and that's why we're seeing these Marxist activists in black robes effectively deeming themselves president on a specific matter.
00:11:22.960There was a Harvard Law Review study that Eric Tietzel posted about, and it was actually from last year in 24, so the numbers are a little bit old.
00:11:31.900But basically, in George Bush's eight years, he had less than one national injunction per year.
00:11:37.420In Obama's, he had a little bit more than one per year on average.
00:11:42.880Biden, in his four years, had about two or three per year.
00:11:47.660Trump, in his first term, had over 15 on average per year.
00:11:51.740And if you throw in the other 15 that have come out in the first couple months, he's at over 80 national injunctions by these district judges.
00:12:03.000That averages out to over 20 per year.
00:12:07.000And this is—he has more than half of all national injunctions ever issued in the history of the United States of America.
00:12:41.020Why are we making the case that these radical justices, these judges, right, doing these national—because the reason we had Carrie Lake on at the beginning of the week, they came after Carrie Lake yesterday with suits.
00:12:56.660They're going to try to shut her down, not just on nationwide, on a global basis.
00:13:03.360Because a single federal district judge should not have the ability to dictate what happens nationwide.
00:13:10.940And what's making it worse is that Democrats, these NGOs, these Democrat-affiliated law firms, they're forum shopping.
00:13:19.360They are finding a judge they know is going to give them a favorable ruling, and then that judge shuts down nationwide the entire apparatus of the executive branch.
00:13:29.660It's—they're completely usurping the authority there needs to be reform.
00:13:34.440Now, one of the proposed reforms is Daryl Issa filed a bill, and it would require at least a three-judge panel to rule on these potential injunctions.
00:13:49.800And it would require two or more states to be in conflict with this.
00:13:54.640So that would slow these down precipitously.
00:13:59.220But at the very least, we do have to start pushing back.
00:14:03.480There's—Chip Roy discussed potentially defunding certain district courts because we're not going to get 67 votes to actually impeach some of these guys in the Senate, right?
00:14:15.860Democrats, these are their new best friends.
00:14:17.880But we do need actual, long-lasting reform because a judge gives a nationwide injunction, and then Trump has to fight for the next three to six months to take this all the way up to the Supreme Court.
00:14:31.140So at the very least, we should be able to move forward while it's in litigation.
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00:16:25.240Natalie's going to be there this afternoon.
00:16:27.120We have a lot of analysis and observations coming out of the White House of this full-on attack that we're doing in the most radical parts of the Democratic Party, including their dark money funders.
00:16:56.940I understand and I love the fact that the MAGA base, the MAGA warriors, the war room posse are up on the ramparts in this and are furious about what is happening with the federal judges.
00:17:07.620But one of the issues that has come up is a lot of our MAGA warriors want is just saying, hey, don't comply.
00:17:18.340Walk me through your logic of why you think we should be, as we go after strong after impeachments, that we're restrained right now in at least somewhat in that direction, sir.
00:17:31.740I will tell you, there is no issue that people are more fired up about right now than judicial impeachments.
00:17:39.420And the only course of action that I'm seeing most people rally behind is just disregarding these injunctions and having Trump move forward.
00:17:48.480It's we are the party of law and order.
00:17:50.940We have a six, three on a good day, five, four on a bad day.
00:17:54.800Supreme Court will four or five on a bad day on the Supreme Court.
00:18:56.380Let's be smart about that, particularly about complying when you comply.
00:18:59.520I do disagree with you on one thing, Rogan.
00:19:02.000I think in this regard, and I hate to give it to people, but I've warned about this from the beginning months ago about impoundment and all of it.
00:19:09.920I ain't so sure it's a 5-4 the other way court.
00:19:13.000But I don't think we can depend, and I think people are making a big mistake of recalculating that Coney Barrett and Roberts are going to be with us on some of these,
00:19:22.600or whether they're even going to allow it to come on the docket.
00:21:54.780You're seeing history live every day on this show as we just turn the cameras on and have Brian Glenn tee it up at the White House.
00:22:01.940And Natalie Wynn is teed up at the White House.
00:22:04.160But this is now bringing in every branch of government.
00:22:06.660So, Tietzel, at bomber command, walk us through what this fight is about, how we have to be smart about this, and directionally where are we headed, sir?
00:22:16.360I think it's clear, if you look at the data that's been discussed here this morning, that this is the new front lines for the left.
00:22:26.780It's their most reliable weapon in the toolkit.
00:22:30.540As the author of this piece, our friend Ben Weingarten from over at The Federalist pointed out to me this morning,
00:22:36.700you can make an argument that an individual federal district court judge, one of 700 of them, is more powerful than John Roberts at this point.
00:22:46.360Single-handedly stopping the president of the United States from executing his job, it's unbelievable.
00:22:54.160And what we're seeing is this explosion in the use of these tools to stop the president's agenda.
00:23:02.660Because clearly, Chuck Schumer can't do it.
00:23:27.720That's more than Joe Biden had in his entire presidency.
00:23:32.100And something's got to be done to constrain it.
00:23:35.200And thankfully, there are plenty of tools in the toolkit to do that.
00:23:38.240Okay, I want to make sure, and this goes back to the unitary theory of the executive, whether it's President Trump's actions as chief executive about personnel or about money and later about impoundment.
00:23:51.680But his ability as chief executive in that unitary theory, the opposite of the president.
00:23:55.960Number two, as commander-in-chief, what's happening with the Venezuelan terrorists going to Central America, El Salvador.
00:24:04.140And third, him as chief magistrate and chief law enforcement officer.
00:24:16.380On every aspect of it, they're judge-shopping.
00:24:20.340They're going to a specific location on a specific initiative of President Trump's and his team and trying to thwart that and trying to drag it out.
00:24:29.400To delay is to deny and try to drag this out for years.
00:24:32.700Is that essentially what's happening, sir?
00:24:56.320And then you'll get a judge who may view the law wrongly and rule against President Trump, but constrain their ruling to the parties sitting before them and saying, this doesn't have a national application.
00:25:07.760It's constrained just to the case before me and the person before me.
00:25:12.180And they'll say, okay, on to the next one until they find a judge who's willing to dictate law for the entire country.
00:25:23.360I'm glad you brought up presidential authority, Steve.
00:25:25.320This is critically important because presidential authority stems from multiple sources.
00:25:31.080Obviously, when Congress passes a law specifically giving the president of the United States powers to do something, his authority is clear.
00:25:38.980And that's exactly what's happened here with getting rid of these criminal gangbangers and sending them back home.
00:25:45.220Congress gave the president the authority to do that.
00:25:47.920I don't know who some federal judge thinks they are to step in and say that's no longer valid because the law is old.
00:25:54.920But then even more fundamentally than that is the Constitution of the United States, which specifically gives the president of the United States explicit powers, just as you said, especially when it comes to his role as commander in chief.
00:26:20.940You've got legislation maybe like the 1801 that you can reorganize.
00:26:24.160You've got Chip Roy saying, hey, not just do we cut the budget for the federal courts as $10 billion, but maybe we target it for districts.
00:26:58.220But the theory is that the justices are supposed to think of themselves as tortoises who move slow and are protected.
00:27:05.440Well, I don't know about being a tortoise.
00:27:08.520You know, we've got a lot of cars moving pretty quick on the highway these days, and that doesn't tend to end well for tortoises.
00:27:16.440The reality is that Congress has the power to pass laws to constrain an out-of-control judiciary.
00:27:24.220They don't have to rely on impeachment alone, although impeachment may be warranted in certain cases.
00:27:29.700Thankfully, members of Congress have stepped up and proposed other ideas to get around this, like, for example, prohibiting forum shopping, where you just go to the judge that you think is most likely to rule in your favor.
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00:30:22.940We have a number of different venues to alert those folks to action.
00:30:27.500The other is that there's a number of smart bills in process because there is a way to legislate certain aspects of this that I think must be done.
00:30:38.000Eric, can you give us a highlight reel of that?
00:30:39.880Because I want the Warren Posse, as we put these out, to also put that in their toolbox as they go to the ramparts.
00:30:46.620This is something to discuss with their own representative that's other than the impeachment weapon.
00:30:53.040Can you walk through a couple of these?
00:30:55.480Impeachment's an important tool, but it's not the only one.
00:30:59.500Congress has the power to shape the courts by passing laws.
00:31:03.420And several really good ideas have been proposed to get at this problem.
00:31:07.920Of course, Senator Mike Lee, who's the best of the best when it comes to a lot of things, including this, he has an idea that would say instead of a single solitary judge having the power to stop the president of the United States, there should be a three-judge panel required to consider these cases.
00:31:23.480And that would make it a lot harder for one activist judge to thwart the president's agenda.
00:31:29.720Daryl Issa has some ideas that he's proposed.
00:31:32.900He's been like a dog on a bone on this, including outright just banning national injunctions.
00:31:39.160Why in the world would we ever allow this to happen?
00:31:44.240And then a third idea that's been proposed is to ban this practice of shopping for a district and a judge where you think you're going to get the best result.
00:31:52.500You could simply say you don't get to do that.
00:31:55.200You have to have a person who has experienced a harm in a specific place, and that's the district where it happens.
00:32:00.940Or I've heard the other idea of having a lottery to just say, hey, if you want to sue the president of the United States, you don't know which judge you're going to get or where it's going to land and let the fates decide it.
00:32:14.940But one last one that recently was actually part of an executive order that the president put forward is this idea of an injunction bond that would say, okay, you want to sue sue, but you need to put some skin in the game.
00:32:27.500And if at the end of this, you were wrong, you forfeit the bond that you put forward.
00:32:35.140So if you want to put a million dollars on the line and in the end forfeit that if you're wrong, go ahead and do it.
00:32:41.240And we'll see what that does to the number of these lawsuits that occur.
00:33:43.560The headline, if Denver can please put this up, is with orders, investigations, and innuendo, Trump and GOP aim to cripple the left.
00:33:56.140Sub-headline, the president and his allies in Congress are targeting the financial, digital, and legal machinery that powers the Democratic Party in much of the progressive political world.
00:34:44.400But now it's time for us to fight back on the other side of this.
00:34:47.860And I think the New York Times is spot on when you look at Act Blue and you look at some of the money, where it goes, where it supports.
00:34:54.600Even the building on the other side of the White House here, Steve, the Department of Treasury, I remember reporting about the SARS reports, about all the LLCs that were formed in the Biden crime family and all the different avenues that were funneling money.
00:35:09.420But finally, finally, it looks like we're fighting back not on the legal side, the legislative side, but we're also winning on the cultural side.
00:35:18.040And to point out, the last time we left the White House to drive to the Capitol a few weeks ago in that presidential motorcade, they cleared the streets, people on either side of it, people got their phones out.
00:35:29.460I didn't see one person that was given a derogatory hand signal towards the presidential motorcade.
00:35:49.320They have so many sources of resources.
00:35:52.300And now we know, we've known for a long time, but now you can actually expose it.
00:35:57.300They're using government funding, too, to destroy this country, to destroy the republic.
00:36:01.020That's one of the great things about the Doge guys.
00:36:03.180The shock troops are going in there and expose things that, like, Eli Crane and Matt Gaetz and MTG have been fighting for years on USAID.
00:36:12.480Or Carrie Lake just shows up the other day at Voice of America in the whole broadcast industry that the U.S. government has financed that's turned against the American people.
00:36:27.020And quite frankly, I think a lot of overseas money, a lot of people that maybe, you know, live in Switzerland but are giving money to the thing, they're exposing this.
00:36:35.220And they have to understand, we're going to be relentless on this.
00:36:38.480Until you get to this, you're not going to kill the snake.
00:36:42.260What tried to destroy a republic and is actively trying to do it every day and just waiting.
00:36:46.880And remember, they're playing the game here to delay is to deny.
00:38:30.060I'm glad that the New York Times got it right.
00:38:32.740And let's just see what the next article says.
00:38:35.300Well, I remember a young woman, a Georgia peach, a number of years ago, very early in, like, in 23, she stepped up and said, hey, look, I'm against this funding.
00:38:48.580But if it has to happen, we have to have audits.
00:38:50.980If we had audited that money, when MTG said it had to be audited back in, what, 22, we wouldn't be in a situation where hundreds of billions of dollars, we have no earthy idea where this money's gone.
00:39:04.140And even Zelensky says he doesn't know where it's gone.
00:39:21.860Let's just keep the fight up, and we'll see how this 1 o'clock presser – should be a very active presser at 1 o'clock with all the stuff in the news.
00:41:06.840Mike Davis is going to join us in a little while.
00:41:08.400Also, CIS is going to come into this brilliant White House strategy on going to the courts about mass deportations, what we're doing there.
00:41:18.020We're going to break all that down for you.
00:41:20.960Frank, I was on News Nation last night with Cuomo and talking about this Russian rapprochement as it's, you know, to break off Russia in its super whatever alliance with no limits from the Chinese Communist Party.
00:41:37.620As Captain Fennell always says, keep the main thing the main thing.
00:41:43.740The main thing is the Chinese Communist Party.
00:41:45.820It's an existential threat to the United States.
00:41:53.140And also Mills has got some great news for us from the peninsula of Korea on some progress we're making there against the Chinese Communist Party.
00:42:13.800Steve, look, your background on Wall Street equips you brilliantly and you've executed it marvelously over the many years, notably with our Committee on the Present Danger, China's help.
00:42:26.920And that of Roger Robinson has been really pointing into the spear on this idea that as with Ronald Reagan taking down the Soviet Communist Party by cutting off its hard currency cash flow, we could do the same to the Chinese Communist Party.
00:42:45.540But only if Wall Street stops what it has been doing, which is putting, instead of an America-first investment policy in place, a China-first one.
00:42:55.640And we've got a very exciting development in your friend and ours, Scott Besant, saying no more of the China-first policy.
00:43:50.340He's our wise man, a former CIA, Pentagon, and White House advisor with an unmatched grasp of geopolitics and capital markets.
00:43:58.560Jim predicted Trump's Electoral College victory exactly 312 to 226, down to the actual number itself.
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