The Supreme Court is hearing a case that matters on two levels. First, the case concerns birthright citizenship. Second, a judge in Maryland has issued a nationwide injunction. This means that one lone federal judge or a small group of them can entirely block everything the Trump administration wants to do, even if their legal pretext is somewhat flimsy.
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00:02:03.000Right now, the Supreme Court is hearing a case that matters on two levels.
00:02:07.000It's a major day at the United States Supreme Court.
00:02:13.000The case concerns birthright citizenship.
00:02:17.000One of the first orders of the Trump administration was an announcement that this administration is henceforth reinterpreting the meaning of the 14th Amendment.
00:02:25.000The 14th Amendment dates back to the end of the Civil War.
00:02:29.000Its first clause reads, All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside.
00:02:41.000Now, the Trump administration announced that from now on, the children of illegal immigrants, tourists, and temporary guest workers are not automatic U.S. citizens.
00:02:50.000That order didn't take effect, though, and that's the other issue being debated today.
00:02:57.000Pretty much instantly after the Trump executive order, a district court judge issued a nationwide injunction.
00:03:03.000That's where a single district court judge, whose jurisdiction is just one state or even part of one state, blocks a law or order from being implemented nationwide.
00:03:14.000You see, nationwide injunctions used to be rare.
00:03:16.000There were just six of them under George W. Bush's term.
00:03:19.000There were 12 of them during Obama's presidency.
00:03:22.000But there were 64 of them in Trump's first term.
00:03:26.000And at this current pace, he might top that figure in the first year of his second term.
00:03:32.000Nationwide injunctions mean that one lone federal judge or a small group of them can entirely block everything the Trump administration wants to do, even if their legal pretext is somewhat flimsy.
00:03:45.000And that means if something happens in Maryland, they're not just issuing an injunction of the Maryland jurisdiction.
00:03:52.000All of America must stop the implementation of said law because of what happens in Maryland.
00:03:59.000It's a nationwide injunction for something where the violation or the thing in question is happening locally.
00:04:06.000You see, they could create a new parallel court system whose only purpose is handling requests for nationwide injunctions.
00:04:15.000There's a lot of good ideas out there, but they might not be necessary.
00:04:19.000Because an obvious question is this, and this is the fundamental question, and I'm glad we're actually getting this out of the way in the first six months of the Trump administration.
00:04:27.000And I'm glad we're getting it done quick.
00:05:54.000But in the 160 years since this amendment, it has been exploited by the left, of course, for a far more pernicious purpose.
00:06:03.000The left will tell you that the Supreme Court ruled definitively, more than a century ago, that all people born in America, including those born to tourists and illegal immigrants, are citizens.
00:06:15.000The case in question was called the Wong Kim Ark case.
00:06:20.000Wong Kim Ark was a man born to non-citizen Chinese immigrants who had to settle in the United States.
00:06:27.000The court ruled that Ark, being born in America, was a citizen.
00:07:09.000And this is President Trump's phenomenal moral courage.
00:07:12.000He is asking the question while we still control the U.S. Supreme Court.
00:07:17.000You understand that people will board flights eight months pregnant from Beijing, fly into San Francisco for a 60-day vacation, go to a local San Francisco hospital, give birth, and that is called birth tourism.
00:07:38.000There were 225,000 babies born to illegal immigrants.
00:07:45.000That's more than babies born in all but two U.S. states taken individually.
00:07:50.000So nearly 250,000 people are becoming U.S. citizens for no good reason whatsoever.
00:08:00.000Do you know we're one of the few countries in the industrialized world that actually has this practice?
00:08:04.000France, New Zealand, and Australia have all abandoned birthright citizenship in the past few decades.
00:08:11.000Ireland was the last country in the European Union to follow the practice, ending it in 2005.
00:08:18.000Framers of the 14th Amendment and one of the biggest pushers of the 14th Amendment was a man by the name of Lyman Trumbull, Senator Lyman Trumbull.
00:08:28.000Considered the driving force behind the amendment, specifically stated that at the time that the citizenship clause does not encompass individuals still owing allegiance to any other country.
00:08:39.000So the designer of the 14th Amendment in the U.S. Constitution said that this should not apply to the children of illegal aliens or of temporary tourists.
00:09:13.000There's a lot more to this than you might realize.
00:09:16.000It's going to require, though, a little bit of intestinal fortitude from either John Roberts or Amy Coney Barrett.
00:09:21.000So if there's someone to pray for, pray.
00:09:25.000For either John Roberts or Amy Coney Barrett to go with Kavanaugh, Gorsuch, Alito, and Thomas.
00:09:33.000American Indians and their children did not become citizens until 1924, with the passage of the Indian Citizenship Act, despite being born on American soil.
00:09:42.000So why would they need this law if simply being born within the U.S. automatically granted someone citizenship?
00:09:48.000Birthright proponents like to point to the 1898 Supreme Court case.
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00:11:41.000This is a C-SPAN caller who drops a truth bomb.
00:11:46.000About how Chinese women are flown to America and they get citizenship for their babies and then return to China and raise them loyal to the Chinese Communist Party, all the while that baby has a U.S. passport and can come into our country at any time and infiltrate the nation.
00:12:05.000Not only is this morally wrong, is it constitutionally wrong, is it culturally wrong, this is a threat to our U.S. national security.
00:12:12.000So a baby gets a U.S. passport, goes back and becomes a loyal operative of the Chinese Communist Party, can then come to our country at any time.
00:14:26.000You change the material of what is the sovereign.
00:14:28.000You dilute the influence of native-born Americans.
00:14:31.000You bring in a bunch of people from around the world and give them U.S. passports.
00:14:36.000You want a passport and you get a passport, or you have a baby and you get a passport.
00:14:41.000The other element of this, which of course is less talked about, is that if birthright citizenship gets struck down, the incentive to then break into this country goes down dramatically.
00:14:58.000The incentive to overstay your visa goes down dramatically.
00:15:02.000Because then your kid doesn't get a special award.
00:16:42.000I did not even have thick enough skin for this.
00:16:45.000The Overton window has returned back to common sense and decency, and President Trump deserves enormous and repeated and public thanks for that.
00:16:55.000Because 10 years ago, it was like Ann Coulter.
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00:21:57.000By the way, it may be true that pardons are plenary in such a way that even Joe Biden's unprecedented You know, really unseemly, ugly pardons might be legal.
00:22:07.000You know, there might be nothing that is illegal.
00:23:10.000When I became the U.S. attorney, Charlie, of this office in D.C., Washington, D.C., the prosecutors who destroyed lives of January 6th folks were in the office.
00:25:04.000I have personally come to this with a real sense that the attack on lawyers...
00:25:09.000And on the legal system by the bar associations is one that is being used, weaponized against the citizens to the detriment of our justice system.
00:25:37.000And I want to be an advocate, and the president wants this, for the people that had their rights taken away, maybe liberty taken away.
00:25:45.000We have a whole bunch of people, Charlie, that lost their right, for example, to have the Second Amendment.
00:25:50.000Based on nonviolent, non-gun-related crimes, they lost their Second Amendment rights.
00:25:54.000The department attorney can give them back their rights.
00:25:57.000It's a project that Donald Trump has sponsored.
00:25:59.000And so we've got a lot of work to do, again, to tell the truth, hold people accountable, and heal those that have been damaged by the weaponization.
00:26:27.000That would be an interesting thing to look at, at how the machinery of the Department of Justice and their Civil Rights Division would target police departments to force them to have more pro-crime consent decrees.
00:26:39.000Do you kind of have a green light to look into all the different buckets of the DOJ of some of the grandfathered-in insanity of prior administrations?
00:26:47.000Yes, and even better, one thing is that issue came up in the last couple of days since my appointment.
00:26:53.000And Harmeet Dillon on the Civil Rights Division reached out to me actually about this and other topics because her division, Civil Rights Division, has a lot of investigatory power and has a lot of ways to hold accountable.
00:27:28.000When I came into this office, the Metropolitan Police Department, the cops, the rank and file cops, were on their heels because the prosecutors, my predecessor, wouldn't pursue assault on police officer charges if they were too complicated.
00:27:41.000The courts, with liberal judges, would attack the cops and say that if you didn't remember everything exactly, then you were not credible and couldn't be a cop.
00:27:49.000I mean, we had to push back and we have to push back because, again, that's weaponization against our system and our citizens.
00:28:30.000And so I'm going to keep you for another segment here, Ed, if that's okay, because I got more questions.
00:28:33.000But really quick, can you just tell the audience and remind them that a majority of the Department of Justice's Senate-confirmed positions are still not even yet filled by the U.S. Senate?
00:28:48.000Yeah, and just to say it, emphasize what you just said.
00:28:53.000Donald Trump put me in on day one as U.S. Attorney because he didn't want to wait to have to deal with this nonsense, these delays.
00:28:59.000And that's why I was on a 120-day term, because in order to put you in on day one, the law says he has to only have a term, and then we had to deal with this.
00:29:06.000Too many of these things are vacant, and what happens is you get people in the office who are acting, and they may be indirectionally with you on the issue, but they're not fearless because it's not their job.
00:29:15.000Or they want to get confirmed, and so they can't be fearless.
00:29:18.000And so the system, really, of this advise and consent, which I took part in, I respect the Senate, the Constitution has been there, the system is not working well enough.
00:30:36.000Ed, you had a short stint as DCUS attorney.
00:30:38.000What did you accomplish while you were a DCUS attorney there?
00:30:42.000And what are some of the biggest things you learned?
00:30:43.000Well, first of all, Charlie, you've traveled the whole country and the world, and one of the things I've heard you talk about is everywhere you go, one thing is the same.
00:31:02.000I met business owners, citizens, seniors.
00:31:05.000It's just a great place, and they deserve better than what they've had, and we've delivered that.
00:31:10.000Focused us on that by saying he wanted the city safe.
00:31:13.000So we initiated something called Make DC Safe Again, where we focused on violent crime and especially on bad guys who use guns.
00:31:21.000If you take the bad guys who are using guns off the streets and hold them, try them, put them away, you're going to change the trajectory of the whole community.
00:31:35.000If you lead in the direction of the right things and the right kinds of policies, The whole mindset changes.
00:31:42.000So people started to believe in what we were doing.
00:31:45.000They believed in the cops differently.
00:31:46.000We have partnerships with all sorts of law enforcement, all building towards, Charlie, the America 250 celebration that President Trump talks so often about, which is our 250th anniversary.
00:31:58.000And so what I learned is you can fight crime step by step, and you can do it together if you pay attention and you go and work together and you focus on the right things and not, again, politicize the office.