We are in a nationwide injunction crisis. What do we do about it? Do we ignore the orders, or do we impeach the judges? We go through all of it with Ben Whitegarth, and Ben's comments on this extensively.
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00:01:28.000There is a major issue happening that could significantly slow down President Trump's mandate.
00:01:38.000I don't like using the C word unnecessarily, but we are living in a crisis.
00:01:45.000We are now living in a crisis that is a constitutional crisis.
00:01:49.000It is a crisis of the nationwide injunction.
00:01:53.000America has almost 700 district court judges.
00:01:59.000They are the lowest level of the federal judiciary.
00:02:03.000So you've got 700 people in black robes.
00:02:06.000Every one of them sits in one of 994 judicial districts covering a single state or even a small part of a state.
00:02:20.000Normally, the jurisdiction of these judges is supposed to cover the area of their district.
00:02:26.000But a nationwide injunction is when one of these judges issues an order and commands that it be implemented all across the country.
00:02:35.000Now, these used to be exceedingly rare.
00:02:38.000These always used to be used maybe a couple times for an entire presidency.
00:02:43.000For example, when George W. Bush was president for eight years, he was only hit with nationwide injunctions six times.
00:02:54.000Obama, president for eight years, was hit with 12 nationwide injunctions.
00:03:01.000The first Trump administration 64 times.
00:03:05.000Now, that's more than half of all the injunctions since the 1960s.
00:03:09.000Now, allow me to explain this to a fourth grader, because we got some very young listeners on this program.
00:03:16.000A nationwide injunction is like a rule.
00:03:21.000Imagine if one kid in a class told the teacher that a new rule was unfair and the teacher decided to stop using that rule for everyone in the whole school indefinitely, not just for that one kid.
00:03:37.000That is the best way that I could explain a nationwide injunction.
00:03:40.000It stops the function, the action, and the order and the power of the President of the United States.
00:03:49.000President Trump has had more nationwide injunctions in the past two months than Joe Biden had in his entire term.
00:04:35.000These judges have moved to prevent the deportation of gang members from Venezuela.
00:04:41.000Just last night, a judge said the military can't block transgender people from joining the military.
00:04:50.000So President Trump is no longer in charge of the armed forces.
00:04:53.000President Trump is no longer in charge of movements of who is in the military.
00:04:57.000What they are doing is they are slowly enveloping and eating and marching within the federal government and on the presidency.
00:05:11.000Many of these orders are flagrantly illegal.
00:05:15.000For example, it is well established that the military can decide who it enlists because that rests in a single person, the commander-in-chief.
00:05:27.000So if transgender people were banned before Obama and they were banned in Trump's first term, he obviously can do it.
00:05:43.000District Court judge orders the U.S. military to continue enlisting mentally delusional transgender people justifying their decision and quoting the musical Hamilton.
00:06:07.000Footnote. Footnote 5. Women were included in the sequel when passage of the 19th Amendment granted them the right to vote.
00:06:16.000See Lynn Manuel Miranda, Miranda, Hamilton, a musical.
00:06:21.000So now that we are trying to protect our military from transgender people from coming in and potentially causing discord, chaos, and confusion, the federal judge that is saying, no, you can't do that, is using a musical as their legal justification.
00:06:43.000You voted for President Trump, but an oligarchy is standing in the way, a legal oligarchy.
00:06:50.000to prevent President Trump's rightful constitutional authority.
00:06:55.000Over the last 100 years, power has been concentrated in two places.
00:07:01.000It has been concentrated in the unelected bureaucracy and the unelected judiciary, the administrative state, and the black robe regimen of legal oligarchs that thwart the will of the American people.
00:07:20.000This... is what the downfall of a republic looks like.
00:08:13.000Meanwhile, they're trying to send their shock troops to go burn more Teslas, to go swat more conservative influencers and radio hosts.
00:08:24.000to go send more of their shock troops into the streets.
00:08:27.000These judges are trying to buy time for the paramilitary arm of the Democrat Party to create more chaos in the streets, to slow down President Trump's mandate given to him by the American people.
00:08:41.000This is an orchestrated hit at the core of our republic.
00:08:47.000If it takes a year or even two years, some of these cases, by the way, could take three to four years now to work through the courts.
00:08:53.000That's what a nationwide injunction does.
00:09:49.000is a small handful of hyper-elite, college-educated, academic, lawyerly, black robe wearing smug oligarchs, stopping your ability to have a voice in your government.
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00:11:08.000When we look to other countries and we wonder, why is it that even though their people want something and they don't get it, it's typically because of an out-of-control judiciary.
00:11:19.000Two countries in particular, Israel and Brazil, have been experiencing this, where they have this philosopher king infrastructure of black robe wearing judges that have power to usurp that of the people.
00:11:47.000And for a while, we've been told it to people, but it's very clear that we are actually on a mission to reclaim the promise of the framers of this great country.
00:14:18.000I'm not endorsing it, but it must be entertained to ignore some of these orders.
00:14:27.000To be clear, we have not done that yet.
00:14:30.000The Trump administration has bent over backwards not to do that.
00:14:35.000These courts have engaged in absurd behavior.
00:14:39.000And President Trump has avoided everything possible to ignore a judge's order.
00:14:44.000That's why we've had all the drama with the Trend de Aragua flights.
00:14:47.000They were flown out as quickly as possible so that the planes would be over international waters before a judge could invent a fake justification to demand that we must keep foreign gang murders in the United States.
00:14:58.000But what if stunts like this aren't enough?
00:15:00.000Well, for now, the plan is to appeal things up the chain.
00:15:03.000The ball is in the Supreme Court right now.
00:15:06.000Justice Clarence Thomas has pointed out that this tyranny of nationwide injunctions is brand new.
00:15:16.000The Supreme Court could fix this by saying, hey, actually a district court judge can only issue rulings in their district or they can issue a nationwide injunction in this narrow set of circumstances.
00:15:27.000But eventually, we may have a case that is so important in order can't be followed.
00:15:33.000A judge might say, hey, America has to let in all the millions of people you want to enter America.
00:15:38.000You can't stop them, open the borders.
00:15:40.000If that happens, then President Trump should be ready to say, That order is unconstitutional, and I, as commander-in-chief and guardian of the nation's borders, will not follow it.
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00:17:50.000Ben, what is your take on this flurry of nationwide injunctions?
00:17:55.000Well, I think we are witnessing a constitutional crisis, and it's the exact opposite of the one that the left and regime media would have us believe.
00:18:05.000The crisis is that anyone of around 700 federal judges can usurp the power of the presidency, can micromanage details down to whether or not to turn flights of deported terrorists around,
00:18:22.000or what employees of the president are able to access which systems in the Treasury Department up to initially, by the way, the Secretary of the Treasury himself, Scott Besant, and a whole slew of rulings where you have judges deciding to halt policies to protect,
00:18:40.000purportedly protect, not just the people bringing in the lawsuits, and these are generally Democrat states, left-wing NGOs and plaintiffs, But to protect and prohibit the president from enforcing his policies on anyone everywhere.
00:18:58.000And the overreach and the abuse of these judges is happening on such a scale and at a historic rate.
00:19:08.000that this demands there be a response, first from the Supreme Court, and we can talk about the fact that Chief Justice Roberts basically said, you're not going to get that response yesterday.
00:19:17.000And if not the Supreme Court, the branch of government that created these Article III lower courts in the first place, and that's the legislative branch.
00:19:26.000And that involves, first of all, potentially, getting rid of these universal injunctions by law, and then there are more extreme remedies as well.
00:19:34.000I mean, but let's be honest, Ben, Congress is not going to do anything.
00:19:41.000I reported pretty extensively at real clear investigations, and I came in with that same perspective that you have of can't expect the legislative branch to do anything, which is a major problem, by the way, because that's where these issues ought to be hashed out, if anywhere.
00:19:57.000So recently, out of the House Judiciary Committee, a bill passed that would prohibit nationwide injunctions, unless you have multiple states bringing a case, calling for it, and when multiple states call for it, then you get a three-judge panel at least, not one radical in robes to make a decision, and then it can quickly be appealed to the Supreme Court.
00:20:19.000I'm told that that's very likely going to pass in the House.
00:20:23.000And then the question is going to become the Senate.
00:20:25.000And notably, Chairman of the Senate Judiciary Committee, Chuck Grassley, has said he's concerned about these universal injunctions.
00:20:32.000He told me, his office told me they're going to have a hearing on this issue soon.
00:20:37.000And Senator Mike Lee, who sits on judiciary, has been like a hawk on this matter, also on matters of impeachment, by the way.
00:20:45.000And he's going to put forth legislation that would curtail these injunctions.
00:20:49.000So whether or not it passes the House and then the Senate and then the president signs it, let me just say that the fact that the legislative branch is acting on this alone should cause the courts to respond.
00:21:04.000And my concern, based upon Chief Justice Roberts' outrageous, in my view, an unprecedented, extraordinary statement yesterday, responding to the president and others on impeaching, Judge Bosberg and others, is the second sentence that he writes in this three-line statement is you got to let the normal, regular appellate process play out.
00:21:28.000That's how we deal with these things, not impeachment.
00:21:31.000That implies that he is willing to let cases ripen in the lower courts while the judiciary, the rule of law, and our constitutional order rots.
00:21:43.000So what scares me about that statement beyond the fact he has no business opining on impeachment, which is a legislative matter and is a political remedy, not a judicial one, is he doesn't think that there's a five alarm fire apparently.
00:21:58.000He's perfectly content to let the lower court judges paralyze the presidency, and let the cases make their way up through regular course and regular order.
00:22:09.000And the caveat here is that the Trump administration itself has asked the Supreme Court to answer this question.
00:22:15.000Or are they a massive overstep that's unconstitutional, unlawful, and disastrous for the country?
00:22:21.000That is being brought before the Supreme Court in the administration's challenge of universal injunctions, halting the birthright citizenship executive order, curtailing birthright citizenship.
00:22:33.000And the responses from those who are calling for that order to be halted and who got those injunctions issued are due on April 4th.
00:22:40.000So we're going to learn within the next couple weeks, Whether Chief Justice Roberts' statement implies that there's no sense of urgency here, and that means the court is not prepared to act on universal injunctions, or the court is going to step up and step in on a matter that plagued the Trump I presidency is plaguing the Trump two presidency to an unprecedented degree and really threatens to paralyze the entire republic.
00:23:04.000Right. I mean, but the Senate holding a hearing doesn't do anything, right?
00:23:08.000I mean, and they're not going to pass anything.
00:23:57.000rebuke the Supreme Court for not smacking down Judge Amira Lee, also in the D.C. district, like Judge Boasburg, for not halting his order, universal injunction, unappealable, that not only halted the administration's pause on foreign aid, but forced it to disperse foreign aid at $2 billion within 36 hours.
00:24:21.000say four of nine Supreme Court justices demanding this, it has to come to a head soon.
00:24:28.000And the only way that I see Roberts being able to squeeze his way out of what's coming before him in the immediate term is in basically arguing, well, this isn't the right case to challenge.
00:24:40.000universal actions or it's not at a stage of the case where you can challenge it.
00:24:42.000But I think that's going to cause an outcry from other members of the judiciary.
00:24:47.000And the Trump administration is doing other things as well.
00:24:50.000Like, for example, they just issued a memorandum that demands that when they're litigating against these plaintiffs, they require as the law requires, as federal civil procedure requires, that if you're going to call for an injunction, you have to put up an injunction bond.
00:25:05.000Judges have not been ordering that these bonds be put up.
00:25:08.000In one case, I saw a judge asked the plaintiffs to put up $100 per plaintiff as an injunction bond on an injunction that's freezing the policy for the entire country.
00:25:19.000So that's another fight, a lower fight, a subordinate fight, but an important one on this issue that's quickly going to work its way through the courts, I think, as well.
00:25:29.000To the point that you're asking, that we even are at a place where you have to ask, should an administration ignore a lower court's ruling because it's so lawless and it does so much damage to our country and to the Constitution, that tells you where the crisis is right now.
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00:26:41.000So, Ben, I know that even the entertaining of defying these nationwide injunctions is a big lift and is something that has never happened before in, I don't want to say never in American history, but ever since the advent of the injunction, we have not seen this.
00:26:57.000Do you have any indication the Supreme Court is going to step up and restore order to this chaotic moment?
00:27:04.000The only way that I see it happening, and ironically, this might be because in part of Chief Justice Roberts' statement yesterday is that certain lower court judges overstep to such a large degree that not for the right reasons on the merits,
00:27:21.000but to protect the institution of the judiciary, Chief Justice Roberts realizes that that these radical jurists in robes pose a far greater threat than the people who are criticizing them and calling for there to be legislative action, including potentially impeaching them because they're acting in such a lawless way.
00:27:43.000I wouldn't put anything past the Supreme Court, but I do think that Justice Roberts, Chief Justice Roberts, is as sensitive as anyone to defending the institution.
00:27:53.000And it could be that because of the overreaching that we're going to see as a consequence of him saying, let's let things work through a regular order, that might counterintuitively actually force the issue.
00:28:07.000But the bottom line is that these are also political questions, and I'm sure what the left's strategy here is, is push the president as far as you possibly can, try and force him to defy a court or threaten to defy a court, and then use that as a rationale for impeachment.
00:28:24.000And then even if they're going to lose on impeachment and lose really badly, because by the way, the Democrats here are basically saying, We want to defend the rights of deported Trennairagua terrorists.
00:28:33.000We want to support the rights of all manner of bad actors, corrupt actors, people who are wasting billions of our taxpayer dollars.
00:28:40.000And that's going to be a losing political fight.
00:28:42.000But still, the energy, the resources, the time, All of that would serve to sabotage and subvert the president's agenda.
00:28:50.000And that's why I think we've seen such restraint from the administration so far.
00:28:54.000They don't want to step into the trap of getting sucked into impeachments at the wazoo and all manner of other attacks on the presidency.
00:29:03.000But they also don't want this momentum to stop.
00:29:05.000And that is precisely why Democrats have chosen the courts as the venue to execute this lawfare 2.0 operation because it takes it out of the hands of our representatives and makes these non-political questions even though they're being adjudicated by hyper political and zealous actors.
00:29:24.000Ben, you are the editor-at-large at Real Clear Investigates.com.
00:29:28.000Anything you're working on, you want our audience to be aware of, stories that you're following, or things of interest.
00:29:33.000Well, in the future, I'm going to be testifying down on the hill.
00:29:38.000I can report some further details of that.
00:29:40.000I'll let it be known via my substack, winegarden.substack.com.
00:29:44.000Stay tuned as this story is fast unfolding.
00:29:46.000And there are people on the hill whose hair is on fire.
00:29:49.000People who you would not have expected would be up in arms and willing to go to the lance that some are threatening here.
00:29:55.000This is fast coming to a head, so stay tuned for my further reporting.
00:29:58.000And I'll be writing about Chief Justice Roberts' statement yesterday as well, coming up soon, likely in the Federalist.
00:30:03.000And I mean, this is going to come to a very aggressive head, and it already is, especially when it involves the president's ability to conduct foreign policy.
00:30:15.000And this is the area where the president has the most latitude because he has to.
00:30:18.000The whole purpose of the president was limited set of authorities, but to be able to have wide latitude and act vigorously where you need these decisions to be concentrated in the hands of one person.
00:30:29.000And we're talking about matters of war and peace here, where the courts have no earthly business micromanaging operations of deporting terrorists in this country.
00:30:39.000If you have judges that are going to be generals, be secretaries of state, be secretaries of Homeland Security, head of the Office of Management and Budget, OPM, and beyond, then we cease to have a country anymore.
00:30:52.000And that is what is at stake in this battle right now.
00:30:59.000Email us, freedom at charliecirk.com, and subscribe to our podcast.
00:31:04.000The fight in front of us is one that we are going to win.
00:31:07.000It's a question of how we go about it.
00:31:10.000The domestic terror campaign against Tesla right now is remarkable.
00:31:16.000Despite all, this Tesla stock is up today.
00:31:19.000The Democrats are a movement of destruction, incineration, terrorism, That is your Democrat Party burning electric cars across the country.
00:31:29.000A lot of these guys are going to face 20, 30, 40 years in prison.
00:31:35.000And we are not going to take kindly to the actions of electric car crystal knock.
00:31:43.000I am curious to see how widespread this becomes, but based on the latest report in the Democrat Party is less popular than we've ever seen them.