Tesla Attacks, Weird Walz Comments, and Judges Keep Fighting Trump, with Rich Lowry and Charles C.W. Cooke | Ep. 1030
Episode Stats
Length
1 hour and 49 minutes
Words per Minute
175.19974
Summary
The resistance is out in full force, and this term it is in the courts. We saw them use the courts against Trump to try to prevent him from getting to be the presidential nominee, and now they are using it to try and ruin his second presidential term.
Transcript
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Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
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I am thinking about the lawfare against Donald Trump just as much as Chuck Schumer is dreaming
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We are in day 58 of Trump's presidency, and the resistance is out in full force.
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We saw them use the courts against Trump to try to prevent him from getting to be the
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presidential nominee and to be the president, and now they are using it to try to ruin his
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They used impeachment twice during the first term.
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Now they're using the courts ad nauseum during the second term to try to block his entire
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And they have very compliant, willing district court judges appointed by Obama and Biden
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They are trying to block Trump's clear constitutional powers when it comes to who serves in the military,
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in his military, of which he is the commander in chief.
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You've got some woke LGBTQ female justice judge who thinks she knows better.
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Who the hell elected you, Judge Reyes, as commander in chief of the military?
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You've got hiring and firing inside the executive branch and much, much more, and this is nowhere
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Cook, senior editor and host of the Charles C.W.
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And Rich Lowry, editor in chief of National Review.
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You can find all their work ad free with an NR plus membership.
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I mean, I'm at my wit's end about some of this lawfare, but this one in particular.
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You can be kicked out of the military for your height, your weight, and your vision.
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These things can get you ejected from the American military.
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You can get kicked out if you're on the autism spectrum.
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You can get kicked out if you have certain mood disorders.
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If you have depression, if you have history of a single adjustment disorder, depending on
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the history of an eating disorder, all of that, the military can say you may not serve.
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But if you have gender dysphoria and say you're a trans person, you're a man who thinks he's
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a woman or vice versa, this judge, LGBTQ, she's the first openly gay woman on the bench in at
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least D.C., I think it is, has ruled you you must be allowed to serve, that the commander in chief
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and the secretary of defense may not tell you that you cannot serve.
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You can be too short, your anxiety can be a deal breaker, but you're thinking you're a woman when
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you're actually a man rich is a bridge too far for this woke leftist judge who is, has already
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declared prior to her ruling last night saying the Trump executive order on this issue is null and
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void, that the notion that there are only two genders is correct, is incorrect. It is biologically
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incorrect, she says. What, what is, what has it come to? The lawfare has come to this?
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Yeah. So obviously this is an initiative entirely consistent with secretary defense's entire priority
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at the Pentagon, which is to focus on warfighting and not get distracted by any other nonsense.
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And you can make an entirely rational case that gender dysphoria is not consistent with the rigors
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of combat and what you want an organization devoted to combat to focus on. And in fact,
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this determination is so rational, it was, it was actually the case. It was a status quo as of what,
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10 years ago or something. So it's an innovation where we've accommodated these folks. And this is,
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Megan, this for me falls into the range of these legal decisions, if legal contentions,
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if it has to do with the president of the United States core executive functions, how many people
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are working for him, who's working for him, what's national security and not, he's ultimately going
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to win these cases. Now I think it's, it's highly irritating. These, these judges, some of them are
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totally ridiculous and it's going to delay things, but this seems to me one that he will ultimately
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prevail on. So Charles, this woman, again, unlike her, one of her bosses on the U S Supreme court,
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Ketanji Brown Jackson, she does appear to be able to say what a woman is. Um, and she wants,
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or at least she's got thoughts on gender on how there's, there's more than two. She'll state that
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affirmatively. There's more than two. And that's a biological fact. According to this judge,
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it's, it's absolutely absurd. And that she, in her ruling took such issue with the department of
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justice, arguing on behalf of the department of defense, because Trump's executive order on this,
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which was clearly a Pentagon thing said, it's important in the military to be able to be able
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to serve with integrity and honesty and in wellness. And she said, that's them accusing all trans people
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of being liars, which I mean, not for nothing, but you could make the case. If you're looking at me
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and you're Charles CW cook and saying, you're a woman. Yeah. I'm probably going to think you're
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not telling me the truth. Um, but in any event, she got in this lawyer's face and said, Oh,
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that shows animus. It's like hatred by president Trump towards trans people. And what, what should I
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do to you? Should I ban this guy? This lawyer went to the university of Virginia law school. Should
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I ban, ban all university of Virginia lawyers from this point forward from, for being liars.
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This is part of why the DOJ filed a misconduct complaint against this judge after an earlier
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hearing. She's out of control. Yes. This is one of the worst Trump law cases I've ever seen
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for a whole host of reasons. First off, there's simply no constitutional statutory basis for this
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decision and therefore it's void. Second, the fake constitution makes an appearance here where the,
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as Rich says, core powers, core competencies, core allocations of authority to the president
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are subject to these supposed standards of kindness, niceness, which simply don't exist in
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the law in this area. There are some circumstances where rational basis review, for example, might
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obtain, but you don't get rational basis review in the military. The president and the secretary of
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defense can decide who serves and why with effectively plenary power. And the third reason it's grotesque is
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if you read all the way to the end, as I did last night, you sense a certain underconfidence in the
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judge. Cause she, she lapses the conclusion into all this mawkish nonsense where she starts thanking
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people for their service and talks about the military as if she's making a speech on Veterans
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Day. And then she says, this of course will cause all manner of public debate and disagreement in the
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country, which is a good outcome. Why? You're a judge. The creation of debate is totally irrelevant to
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the job description. It's not good or bad either way. Your job is to follow the law. So this really
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struck me when reading it as the work of a politician rather than of a judge.
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Same. Thank you for saying it so clearly. Could not agree more. She, she goes to me, this is like,
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she's looking for a pat on the head from GLAAD or the human rights campaign. She, she's waiting for
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Sotomayor or Ketanji Brown Jackson or Kagan to say, good girl. You're a good little girl. You,
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you wrote all the right things. Kagan, not for nothing is, uh, she's gay, isn't she? I don't
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know why that just got away from me. I'm pretty sure Kagan's gay. She played, she played softball.
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That's, that's all we know. She is a softball star. That's circumstantial, but we could admit it into
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evidence. Um, okay. But this was, she writes in part, um, at times leaders have used this concern
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to ensure military readiness, to deny marginalized persons, the privilege of serving fill in the
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blank, which is, she writes those words is not fully capable and will hinder combat effectiveness.
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Fill in the bank, the blank will disrupt unit cohesion and so diminish military effectiveness,
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allowing fill in the blank to serve will undermine training, make it impossible to recruit
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successfully and disrupt military order. First minorities, then women in combat, then gays
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filled in that blank. Today, however, our military is stronger and our nation is safer for the millions
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of such blanks and all other persons who serve. Now, first of all, that is not her judgment to make.
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She is not commander of the armed forces. And there actually are hot debates going on in this
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country right now about not minorities, but adding women to positions, for example, in combat has made
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us the strongest we've ever been when it comes to our military readiness. That's something that she,
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this is not for her to opine on rich and for her to try to treat transgender individuals,
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the same as blacks or Latinos is outrageous. One is skin color and race, and one has to do with a
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mental disorder that's in the DSM five. Yeah. So one opine is the right word. What you read would be
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pretty good, at least kind of bog level, one third of the New York Times column, right? But that's not
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her role as a judge. And we had a lot of loose talk, right? Of a constitutional crisis. I think we
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talked about that last time we were on. It's a constitutional crisis if judges are overstepping
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their bounds and impinging on the executive authority. And the people who scream loudest
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about a constitutional crisis, they never focus on that, right? Everyone has their appointed role in
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the constitutional system. And if anyone oversteps it, that, that is profoundly wrong. So this decision
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is profoundly wrong. And the point you make about, you know, being, your race being different from
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your so-called gender identity is a good one. And this is one reason, and maybe we're going to talk
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about this later, that the left is so wrong-footed on the trans issue. They thought it was a civil
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rights issue, right? They thought it was like civil rights for African-Americans or civil rights for gay
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people. And they've gone into something that most people, excuse me, do not consider that way because
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it is a totally different category. And this opinion is a, uh, a prime example of that.
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She goes on to say, um, the, as follows. Stand by. Okay. Uh, it is self-evident truth. She posits
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that all people are created equal. All means all nothing more and certainly nothing less. So Charlie,
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she, she, she's suggesting that trans people are being treated in a way that makes that renders them
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unequal and that this is not allowed in our military, which is not true. Right. So I believe
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that all men are created equal. You can't see it, but just over a top, my desk is a copy of the
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Declaration of Independence in a frame. And that maxim, which really is a foundation of everything I
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write about has absolutely nothing to do with this question. It is also true that people who grow no
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taller than four foot five are equal. They're not inferior. They shouldn't be treated differently under
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the law. They also can't or shouldn't be able to join the military in the same way as a six foot five
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Navy SEAL should. What we're talking about here is not the usual questions of how citizens are treated
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by the government when the government interferes with the liberty or property or lives of the
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citizenry. That's when all of the maxims in the Declaration and the premises of the Constitution,
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the Bill of Rights, Equal Protection, and so forth apply. We're talking about what should be a lethal
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fighting force. We have always very harshly discriminated within the military for the sole reason
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that the military exists to fight and kill and die. This is absurd. And I can't think of a better
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illustration of what Pete Hegseth said during his hearing, that the military has left its historical
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presumptions and come to see itself as some sort of social club or social experimentation society than
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this. You will not find, Megan, someone who is more willing to wave the Bill of Rights around or
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demand equal protection or call for the original understanding of the Constitution than me. But the
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original understanding of the Constitution simply does not involve judges enforcing what they think is
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equality within the commander in chief's purview. And that is ultimately all that matters or should
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match it to a judge. That's right. She she goes on to say, OK, she's rejecting the Pentagon's position
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because one of the justifications they they gave her when they got sued over this was the costs
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associated with so-called gender affirming health care, which is a complete misnomer. Gender affirming
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health care would say here, I'm a shrink. If you were born a boy, you remain a boy. That's
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what it should be. But it's, of course, one of those terms that's been manipulated by these leftist
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activists. So in any event, she's saying that the military has said, look, providing this so-called
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health care to trans people for their gender procedures, because right now we're paying for
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their surgeries. Well, maybe not right this second because Trump, you know, hit sign the EO, but
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actually it's not effective till the end of March. So we are paying for their surgeries or paying for
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their hormones, their cross gender procedures, all of it. And the military went in there and said,
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look, we're we're paying five point two million dollars a year for this stuff. And she responds by
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saying, well, that's only fifty seven hundred thousandth of a percent of total military spending
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for twenty twenty four. So once again, Judge Reyes thinks we've elected her to be the chief
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accountant over at the Pentagon to decide what's worth it and what's not. And then she has the nerve
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to point out the department spent approximately forty one million for Viagra in twenty twenty three,
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forty one million for Viagra, about five point two million for gender affirming care. Defendants
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do not explain why the former and every other medical cost is acceptable, while the latter requires
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banning trans people from military service. This is unbelievable, Rich, because
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you so you've got men, active duty men who rely for their health care on the VA,
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on the Pentagon, if they're active duty, who, yeah, some of them need Viagra. And this woman
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wants to shame them in the military for providing it. Well, if they won't also pay for us to,
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in other cases, chop off penises and try to create fake vaginas and then send them out and telling
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them to go kill ISIS, I can't. Yeah, no, it's core executive function, core
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executive decision what you're going to spend money on and what you're not. It's a little bit
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like saying, you know, if the military says we don't want to recruit obese people for combat roles
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and the judge saying, well, you can pay for the Ozempic. Right. It's not it's not that much.
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You know, you're paying much more for your missile programs in your tank. So so why won't you pay for
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this? It's not it's not her decision. And as Charlie rightly points out, this is it's it's not
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not everyone gets to serve in the military. Right. If I want to go in combat right now, which I don't
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my hats off to everyone who does, they'd say, no, you're too old, you're out of shape and you've never
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made a bed, you know, in your life. You're not suitable for for the military life. And they'd be
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right. And by the way, another reason to take the initiative here that the Pentagon is, is it's very
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important to Pete Hexeth to send the message? We're no longer doing social services. We're no
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longer doing progressive social studies. We're focusing on fighting because that is a way to
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attract the people you want to the military. These guys and gals who are attracted to the military life,
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they're different than we are. They want the adventure. They want the risk. If they wanted to
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sit and get a lecture about how they're racist, sexist, transphobic and all of that, they go to
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their local community college. That's not what they want to do. So you want to create the send the image
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and send the message, which he has in various ways. Right. He's done deadlifts in Germany with
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the guys. This a whole host of other things to send. You know what to say for the people who are
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attracted to this, we are a military organization. People are in shape that matters to us. That's another
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thing he's doing is having a review of the physical fitness of members of the military. Come here if
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you want the adventure to defend your country. So I see this as part of that. Yeah, she's very angry
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in this opinion about the alleged animus. Again, it's another word for hatred of President Trump
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in the executive order. She writes, the military ban is soaked in animus and dripping with pretext.
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Its language is unabashedly demeaning. Its policy stigmatizes transgender persons as inherently unfit
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and its conclusions bear no relation to fact. Thus, even if the court analyzed the military ban under the
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rational basis review, which is the easiest one to pass, it would fail. Defendants have not provided a
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legitimate reason for banning all transgender troops. The military ban is unique in its unadulterated
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expression of animus. Now, I looked at the ban, and I didn't see any of that. I'm not going to read the
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whole thing because it's long. But it talks about, here's, they say, during the Biden administration,
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the Department of Defense allowed gender insanity to pervade our military organizations. That's not
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animus. Gender insanity pervading the military organizations means a lot of things. And there's
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nothing hateful about it. This included not only permitting the military to increase the number of
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individuals not physically or mentally prepared to serve, but also ordering DOD to pay for service
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members' transition surgeries, as well as those of their dependent children, at a cost of millions to
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the American taxpayer. The U.S. imposes rigorous standards on all military service members to ensure
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they're prepared to take on the challenges. Fitness, health, welfare, and readiness standards must ensure
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they're ready to fight. On the battlefield, there can be no accommodation for anything less than
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resilience, strength, and the ability to withstand extraordinary physical demands. Individuals who are
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unable to meet these requirements are unable to serve. This has been the case for decades.
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I basically am reading the whole thing, by the way. You know, cohesion requires high levels of
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integrity and stability among service members, high levels of integrity and stability. I'm like,
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honestly, is this where she's getting animus from saying that it can take a minimum of 12 months for an
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individual to compete, complete treatments after transition surgery, which often involves the use
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of heavy narcotics. That's true. As I've mentioned before, there's someone in my extended family who went
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through this. It's a crazy story. One day, maybe I'll get permission to tell it. But trust me,
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yes, that's true. During this period, they are not physically capable of meeting military readiness
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requirements and require ongoing medical care. This is not conducive for deployment or other readiness
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requirements. Anyway, this is not full of animus. She is the one who is full of animus. Charlie,
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as evidenced by what she said during the hearing when she said, I am not going to listen to what the
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current sitting defense secretary, Pete Hegseth, says are the readiness requirements of the military.
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I choose instead to look at Joe Biden's chairman of the Joint Chiefs, who she says has a stellar
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military record. And she said, unlike this current guy who's only been there for 30 days and had only a
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quote, limited deployment for a short period prior to his TV career, having obviously no idea that he's
00:22:19.580
had at least three deployments to Guantanamo Bay, Cuba, to Afghanistan and to Iraq during the most
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dangerous period of the Iraq war. How dare she diminish his military experience and check his
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opinion as the sitting secretary of defense? Yeah. So I agree with everything you just said
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about Pete Hegseth, and I was strongly in favor of his nomination. But let's just a thought experiment
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assume that instead of choosing Pete Hegseth, Donald Trump had chosen someone that all three of us
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thought was an absolute moron. It wouldn't matter because Donald Trump would have won the president
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presidential election. He would have taken hold of after his inauguration, the commander in chief
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powers, and providing the Senate had agreed, his choice for secretary of defense would have been
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installed in the Department of Defense. When this case was argued, that person, this hypothetical moron,
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would have been able to make these decisions. One of the criticisms that we on the right very often make
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of progressives is that they don't really want a democratic system. What they want is rule by
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experts. And what this judge is trying to do here is prove us right. Because her argument was, I don't
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like the expertise or credentials or opinions of person A, the person who is actually in charge.
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So I will instead try to sustain the opinions of person B, who is no longer secretary of defense,
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and who was serving at the pleasure of a president who was out of office and whose would-be successor lost.
00:24:00.800
There is no rational basis review in this area. I know that she lays out what would satisfy it,
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but there is no rational basis review. There is no mechanism by which she gets to decide whether or not
00:24:14.580
she respects the person who won the election or the person who the Senate agreed to put in the
00:24:19.480
Department of Defense. None of that happens. And with animus, I agree with you, it's not really
00:24:26.960
dripping with animus. But again, thought experiment, let's assume that it were dripping with animus.
00:24:31.680
In most cases in the law, there are a few exceptions, but in most cases in the law, having the court try to
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decide the emotional state or mental motivations of people who are promulgating rules, especially
00:24:46.980
within the military, is just inappropriate. That's not how law is supposed to work. We write down our
00:24:53.320
laws and we decide whether or not they have been satisfied. So even if she personally detects animus in
00:25:00.200
that or thinks that it was hateful, with a few exceptions that absolutely do not obtain here,
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it doesn't matter. She doesn't get to make that call. Couldn't agree more. All right, let's move
00:25:12.120
on because there are other cases to get to. And there's a lot of lawfare being unleashed against
00:25:15.960
Trump. It is obviously the ACLU's slash lefts, but I repeat myself, favored tool in stopping the Trump
00:25:24.500
agenda. You had quickly a decision from a judge. This guy, too, was an Obama judge last night saying
00:25:31.900
some of the cuts made by Doge and Elon Musk at USAID must be reversed. You have to restore access to
00:25:41.600
emails and computers for these employees. Basically, anything that came from Musk or Doge
00:25:46.520
has been undone, saying he's a non-confirmed government appointee, executive branch appointee,
00:25:53.580
and therefore his decisions had to be struck down because the judge finding he needed to be Senate
00:25:59.160
confirmed to be doing this. Look, I don't want to spend time on that one because the effect of that
00:26:03.900
is Marco Rubio just needs to make all the same decisions and he'll be fine. All the same things
00:26:08.200
are about to happen. It's just Marco Rubio, who is Senate confirmed, 99 to 0, by the way,
00:26:13.000
will now make those same decisions. They're basically saying Elon was ahead of his skis on exercising
00:26:18.280
certain powers. He needs to be more of a reviewer and a recommender as opposed to an executioner of
00:26:24.340
his specific findings and recommendations. Okay, so that's that. Then we have to move on to what's
00:26:29.880
happening with the Tren de Aragua members accused who Trump deported to El Salvador, which is a pretty
00:26:39.660
effective deterrent. Warning to Tren de Aragua members, now may not be the best time to try to sneak
00:26:47.960
across the border and enter the United States because there's a new sheriff in town and his
00:26:52.400
name is Tom Homan and he will track you down and he will put you on a plane. And before you know it,
00:26:56.740
you will be in this prison in El Salvador. Good luck to you. I have zero sympathy for any of them.
00:27:05.500
But a big legal dispute has unfolded over whether Trump has the right to do this. Now,
00:27:11.220
first, let's spend a moment on the judge. His name is Brosberg. He is in the D. These are all
00:27:18.680
D.C. district court judges, federal district court judges in Washington, D.C., because that's where the
00:27:22.840
government's based. He was an Obama appointee. And there's a very interesting question being raised
00:27:28.880
online about whether his he should have recused himself from this case to begin with. And I'll tell
00:27:37.060
you, I've got my own questions about it. Laura Loomer, who, you know, she's said some things that
00:27:42.740
are not true and that are conspiratorial, but she said a lot that is true. She is not wrong just
00:27:47.740
because she's controversial. And we'll find out. We'll update the audience. But she went and we
00:27:53.320
believe what she did is she looked at his confirmation hearing to see what he said about
00:27:58.260
himself. And it looks to us like at his confirmation hearing, he did confirm that he has
00:28:03.060
two daughters, twins, one of whom is named Catherine. It looks like Catherine's age right
00:28:13.940
now would be 24 or 25. And that dovetails with the picture that we have of the alleged Catherine
00:28:21.680
Roseberg, who is being accused in this exclusive thread by Laura Loomer of working for a 501c3 called
00:28:28.640
Partners for Justice, which gives criminal illegal aliens and gang members legal advice. Partners for
00:28:35.660
Justice strongly opposes mass deportations and legislation start targeting members of criminal
00:28:40.520
gangs and has been a vocal critic for the Lincoln of the Lincoln Riley Act. Loomer reports. You can see
00:28:48.060
in a screenshot she she posts that Catherine Boesberg and we think it's the same Catherine Boesberg,
00:28:53.560
but that does need to be confirmed. But Boesberg is an unusual name and it's spelled in both
00:28:57.060
cases. B-O-A-S-B-E-R-G tweeted out an article celebrating Judge Boesberg's blocking Trump's
00:29:03.880
deportations of Venezuelan gangbangers. And this would be Catherine Boesberg's boss. She tweeted out
00:29:10.920
her name is Emily Galvin Almanza. That was rightly quick. Trump administration live updates judge
00:29:16.340
orders halt on deportations of Venezuelans under wartime law. The, you know, the problem here
00:29:22.980
potentially is that this judge's daughter could potentially be hurt in her employment by a
00:29:31.280
substantial reduction in crime rates, in caseloads involving that, you know, that keep Partners for
00:29:38.240
Justice busy relating to gangs and deportations. And so there is a possibility that this judge
00:29:44.960
inappropriately sat on this case or at least violated an ethical canon by not disclosing that
00:29:51.440
his daughter has an active role in protecting gang members and illegals from deportation. Let's just
00:29:58.980
start there, Rich, with all those qualifiers. Your take on it. Well, let's put a pin on that and see what
00:30:06.080
the facts are. He is a Obama appointee. His view of the law constitution, not not mine, but he has a pretty
00:30:13.660
good reputation. Now, this case, it involves a couple of things we've seen before. One, the Trump folks
00:30:20.640
kind of rummaging through current statutes to find things that give them the authority they want to
00:30:25.620
do on deportations or on the border. This was quite effective in the first term. There was a migrant
00:30:30.420
crisis, small scale compared to what we saw under Biden. In Trump's first term, Trump was tearing his
00:30:35.940
hair out. How can we possibly stop this? You had Stephen Miller and others going and looking at current
00:30:41.220
authorities and using them in a creative and lawful way to create the system that Biden then ripped up.
00:30:47.360
But that that had succeeded and basically stopping border crossings. Now, here they're going back to
00:30:53.820
the the 18th century. And there's nothing wrong with that necessarily. Right. 18th century has
00:30:57.920
a lot of good things, including the United States Constitution. But it also involves what we're
00:31:02.840
talking about in the first segment, determination by the president of the United States, what national
00:31:07.440
security is, what's an invasion, whether we're at war. And here I do think they're they're pushing the
00:31:13.720
envelope. You know, maybe they're banking on maybe they'll be right. The Supreme Court ultimately just
00:31:19.120
say, look, you're the chief executive. You're the president. You say it's a act of war. These gangs
00:31:23.420
coming into the United States. We're not going to to contradict you. But I'm not sure that's going to
00:31:29.200
be the case. And what the judge is asking here basically is just to freeze things in place. It wasn't
00:31:34.540
like Judge Ali, you know, and one of those early USAID cases. They got to spend all this money,
00:31:40.940
you know, billions of dollars of money in 36 hours or whatever it was. It's just let's hold these
00:31:45.640
people. So at least I can hear the merits here. So on this one, I wouldn't have gone to war with
00:31:52.180
them. But but they have. I think, Charlie, that you and I may disagree on on the propriety of Judge
00:31:59.880
Boesberg holding the hearings on this and thinking that he can second guess the Trump
00:32:05.220
administration on this. And that's that's fine. We can get into that. But my own position is
00:32:09.100
if you look at the wording, first of all, let's understand this. Trump has already changed
00:32:15.260
expedited removal. They've already expanded the scope of expedited removal. So let's forget for
00:32:20.160
table for a moment. The Alien Enemies Act expedited removal has been used by all administrations
00:32:27.140
in certain cases to just return people at the border. Get out. You crossed over. Congratulations.
00:32:33.380
You swam the Rio Grande. Goodbye. I don't care. Get out. We can see that you're an illegal and you
00:32:39.600
sneaked in here. Goodbye. Well, he has expanded the use of expedited removal. It used to be within
00:32:45.040
100 miles of the border and 14 days of their arrival to anywhere in the country against any
00:32:50.200
person who's, quote, undocumented, who can't prove they've been here for continuously two years.
00:32:57.140
All right. So Trump's already done that, saying that's how Tom Homan's going into these
00:33:01.480
communities and saying, you're done. You're out. I don't have to give you a hearing. You're just
00:33:06.580
leaving. Now, some have had hearings and just decided to stay because even when under the Biden
00:33:10.800
administration, they had hearings saying you have to leave. You don't qualify for asylum. We never
00:33:14.640
enforced it. We just turned them back out into America and let them live here. So those people are
00:33:19.380
also being ejected. And those might be some of the people who are on one of those planes Trump sent to
00:33:24.440
El Salvador. At least that's what the administration is claiming, that they're not all ejected under
00:33:28.860
Alien Enemies Act. Some were ejected under good old fashioned immigration laws. They'd already been
00:33:32.780
told to leave and they overstayed. OK, so in any event, if expedited removal can allow Tom Homan to go
00:33:38.340
grab somebody in Colorado and kick them out, why why is there any controversy over this at all? Why are we
00:33:47.460
even arguing Alien Enemies Act? I does. That's my number one thought. My second thought is, OK,
00:33:53.840
but we are. The administration has said Alien Enemies Act 1798. It's a law that was written by
00:34:00.760
the very founders who drafted the Constitution applies. And that law says if there's been a declared
00:34:07.120
war or if the country is suffering from an invasion or an incursion by a potential enemy's force,
00:34:16.240
the president has the authority to deport the people associated with it without due process.
00:34:23.560
It's really what it says. There's no hearing required. You can just throw them out. And Trump
00:34:28.540
is relying not really on the war. He's relying on invasion or incursion. And if you look at the
00:34:35.380
statute, which I did pull, invasion or incursion, how do we determine? Like, obviously, act of war
00:34:42.580
declared. That's by Congress. You have to look to see if Congress had declared a war. Invasion or
00:34:46.760
incursion says as declared by the president. So the enabling statute here passed by Congress at the
00:34:54.600
time of the founding fathers says the president gets to decide whether it's an invasion or an
00:35:00.720
incursion. And once he's declared that, which he has here, he may deport people without due process,
00:35:08.000
which is why I believe he did. He was well within his rights to do what he did. And I think the rest
00:35:13.800
of that enabling statute, Alien Enemies Act, kicks in, which says there is no power of judicial review
00:35:23.920
Well, a few things. We're talking about the Alien Enemies Act because Donald Trump has invoked it.
00:35:28.420
In other words, he has conceded by doing that that he needs a power to be conferred upon him by
00:35:33.860
Congress. And that's the one he's chosen. The law in question, as you say, has two sections. One of
00:35:41.820
them refers to a declared war. Now, you said that the invasion had to be declared by the president.
00:35:47.660
Is that the word declared or is it announced? Either way, I'll look it up. I'll give it to you.
00:35:53.700
The argument that was made by Stephen Miller. Hold on, hold on. The president must make public
00:36:00.360
proclamation of the event. Exactly. And that matters, Megan, because there is a difference
00:36:06.540
between declaring a war, which is a congressional function, and proclaiming something which can be
00:36:12.860
an action done by someone else. Now, I don't know the answer to this. I'm not pretending that I am
00:36:18.200
the oracle, but I do know this. The act in question has been invoked only three times, and they were
00:36:24.480
all during wars that were declared by Congress. In 1948, this law went to the Supreme Court, because
00:36:33.800
three years after hostilities had ceased with Germany, Harry Truman, who had become president after
00:36:41.500
Franklin Roosevelt, was still using the Alien Enemies Act to expel Germans. Now, the Supreme Court
00:36:48.040
looked at it, and they said that the decisions of Harry Truman were non-justiciable. In other words,
00:36:54.600
that the courts could not get involved. But that case did not address the invasion clause that you
00:37:00.620
mentioned. It only dealt with declared war. At the time in 1948, Congress still had a declaration of war
00:37:09.080
active against Germany that was not repealed until 1951. And what the court effectively said is,
00:37:14.160
this is a political question. Because there was a war declared, because there was a war fought,
00:37:19.940
and because that war created all of these offshoots and consequences, it would be wrong,
00:37:24.500
I think this is correct, for the Supreme Court to determine when the war was over, especially given
00:37:29.160
that Congress had not done that itself. They have never had a decision that related to the invasion
00:37:36.480
clause. Now, it is possible that if they did, they would find that that was also non-justiciable,
00:37:41.900
and the determination of an invasion was solely up to the discretion of the president.
00:37:46.800
But to get there, you're going to have to have a court case. And the core argument that is being
00:37:53.340
made here is that it was inappropriate for this judge to get involved in this, given that the issue
00:38:00.220
is or should be non-justiciable. But I don't think that that is obvious at all. If we're going to find
00:38:05.140
out that this is non-justiciable, we're going to have to have an argument about it that probably goes
00:38:09.480
all the way up to the Supreme Court, which is what I think we are now seeing happen.
00:38:13.860
So I'm not upset about this. I would also note, as Jack Goldsmith pointed out, that even in that
00:38:19.760
1948 case, there were some elements of the law that the court said were within its purview. For example,
00:38:26.520
it said that the court was allowed to decide whether or not the people who were being deported
00:38:31.120
fit the bill. Were they old enough? Were they enemy competence? And so on.
00:38:35.200
Not whether or not there was a war, not whether or not the law could be invoked,
00:38:38.740
but whether the individuals in question were appropriately set. And I think what you're
00:38:47.980
seeing here is the judiciary saying, hang on a minute, we're dealing with individuals.
00:38:53.220
The Constitution protects due process for persons, not citizens, in all manner of ways.
00:38:58.860
There is no obvious precedent here. We need to litigate this. And you can't do that when a
00:39:04.260
plane is in the air and it's on its way out to a high security prison. So I'm less upset about this.
00:39:11.960
Now, do I think that the vast majority of the people to whom this is being applied are likely
00:39:16.700
terrible, terrible people? Yeah. Do I want them deported? Yeah. Would I like to get rid of every
00:39:21.280
illegal immigrant in the country? Yeah. Would I like to get rid of these ones in particular via a
00:39:25.400
trebuchet? You're damn straight, I would. But the argument here, I think, is different than the
00:39:31.320
argument that I've made and you've made about the vast majority of these solitary judges who have
00:39:36.680
tried to impede the Trump agenda. Most of those are doing so with no basis in the law whatsoever,
00:39:41.740
basically out of political animus. And this is not the case here. So I have more time for this one
00:39:47.840
than you. I have a problem with this judge. I don't agree that he can debate the propriety of the
00:39:56.540
individual. I really don't. I think once you determine that it's a male from Venezuela over
00:40:00.380
14, it's not for him to determine whether they're a gang member or not. That's up to
00:40:05.060
Holman and Trump. But the court is allowed to do that bit. That's what the Supreme Court case is.
00:40:09.080
Yes, for sure. And even the DOJ has acknowledged that. Even the DOJ in its filings has acknowledged
00:40:14.560
that, that there is a very bare minimum of inquiry that this judge is allowed to do. But they're
00:40:20.020
arguing that he far exceeded his remit. And the, the, the notion that a, an unelected federal
00:40:26.520
district judge could turn around two planes in the air, carrying gang members from Venezuela out of
00:40:34.560
the United States. Again, Stephen Miller raises some very good points without knowing what the fuel
00:40:38.760
supply is without knowing what the wake time hours of the crew and the pilot are without understanding
00:40:45.280
whether there was a safe place for them to turn around in international airspace. The hubris of
00:40:50.560
this man to think he could do it. And by the way, he's making a big deal out of the fact that he
00:40:55.700
issued an oral ruling early Saturday saying, don't let those planes take off. And he didn't write it
00:41:01.240
down until later in the day. And he wants, he thinks they should have complied with the oral ruling.
00:41:06.140
But if you actually look at the civil rules of the rules of civil procedure, there is a requirement
00:41:12.740
that you write down, especially when it comes to TROs, that you write down what you're mandating.
00:41:17.900
So I think that's why ultimately the judge abandoned what that, what had been done after
00:41:22.660
his oral ruling. But the left-wing media won't tell you that. They ran with, oh, he, or he issued
00:41:26.580
the oral reading or oral ruling early in the day. No, but the one that Matt governs is the written
00:41:31.720
ruling. But how else do we litigate this? I mean, you've got on behalf of the plaintiffs here,
00:41:36.960
you've got two statutory claims and a constitutional claim, and maybe the Trump administration will prevail
00:41:41.840
and maybe it should. But the people in question, although again, I'm sure most of them are
00:41:47.140
terrible, are allegedly in this gang. They have been accused of being in this gang. If you are a
00:41:53.000
judge, and this comes to you, and you don't have a definitive Supreme Court ruling on this because
00:41:58.180
of the distinction between declared war and an invasion, and you have two statutory questions
00:42:02.580
being made, plus a constitutional question, does the act in and of itself violate due process when
00:42:08.500
used in this way? I don't know what you do other than involve yourself.
00:42:13.040
But you're saying the distinction between declared war and invasion in a way that would
00:42:17.700
undermine the Trump administration's argument right now, it only helps. It only helps the Trump
00:42:22.120
administration's argument right now. Declared war would undermine them because they don't have
00:42:26.340
a declared war against Venezuela right now, not by Congress. But incursion or invasion, as I read to
00:42:32.320
you, the statute says the president makes public proclamation of the event. That's all that's required.
00:42:36.200
The president makes public proclamation. He did. He did that. There's no question.
00:42:40.340
But it doesn't say, right, but it doesn't, the Supreme Court case that the judge is obliged to
00:42:45.360
follow as a lower court judge does not say what to do in a case where there is no declared war,
00:42:51.600
because the 1948 case involved a declared war by Congress. There's never been an instance.
00:42:56.280
I know, but that's a higher burden. That's a higher burden of proof that was met in that case.
00:43:01.160
This is lower. There's no question that there's been a public proclamation. And then,
00:43:04.920
and it won't take long for a judge to see that that had happened. And then once you get to that,
00:43:10.180
you look at, you look at that 1948 decision and you say, you see that they say it is not
00:43:17.380
justiciable. And they go on to say, there are all sorts of reasons how that will end,
00:43:21.780
Charlie, to your point, in very bad results. It will end in the denial of due process. And it will end
00:43:27.040
in people who maybe aren't Trenda Aragua getting deported on the plane. But that's too bad. That's,
00:43:33.020
that this just isn't an area in which a president can be second guessed.
00:43:38.000
But that's not what that case is. The case applies to declarations of war. I think your
00:43:42.940
argument is a very strong one that could well prevail in a court. But that portion of the law
00:43:48.660
has never been litigated. The law has never in history been used outside of a declared war.
00:43:53.940
So I hear you. I just don't see how that undermines my argument.
00:43:57.640
Well, because for example, in the case that went to the Supreme Court, declaration of war was
00:44:03.680
determined by the court to mean by Congress. Presidential proclamation has no court adjudicated
00:44:10.180
meaning, which means when a plaintiff goes to the court, it's got a plain meaning.
00:44:16.520
Yes. Listen to the statute. Listen to the, listen to the, listen to the, the statute quote,
00:44:21.820
whenever there is a declared war between the United States and any foreign nation or government
00:44:27.980
or, okay. So, so, or they're separating or any invasion or predatory incursion is perpetrated,
00:44:36.760
attempted or threatened against the territory of the United States by any foreign nation or government.
00:44:41.100
And the president makes public proclamation of the event. That's it. It has to have happened.
00:44:46.380
And the president has to have made public proclamation of it. They separated it out from
00:44:50.280
declared war. The declared war is a much higher standard proclamation. We're going around and
00:44:55.400
around on this. But, well, we're not, but the point I'm making is that even that standard is subject
00:45:02.420
to a whole bunch of questions. For example, is that a constitutional delegation of power?
00:45:07.520
I'm sorry to interrupt you. Let me give you this point.
00:45:10.440
I, cause I understand what you're saying. So I just want to advance it and then I'll give it back
00:45:14.000
to you. There, there is something called, as you know, cause you're a constitutional scholar,
00:45:18.180
though, not a lawyer, but you are a constitutional scholar. I listened to you and read you enough to
00:45:21.300
know you are, uh, called the political question doctrine. And we don't allow courts to decide
00:45:27.400
political questions because they don't have the expertise or authority to, to decide them.
00:45:32.780
That's what this is. That's, that's really why the alien enemies act says when it comes to these
00:45:37.660
certain things, it's just the president's call. And we are not going to have federal district
00:45:41.220
court judges second guessing the commander in chief on these issues. That's why it's not a,
00:45:46.760
what, by what criteria is judge Roseberg going to decide whether this was an incursion or an
00:45:55.780
But the law does not say that it's non-justiciable. The Supreme court said that one portion of the
00:46:02.020
law is non-justiciable in part. And my point is that while the argument you're advancing is,
00:46:10.140
It doesn't say only the thing we're talking about is, no, they were interpreting the alien
00:46:13.960
enemies act. They did not say, and we make a distinction as between declared wars and incursions.
00:46:19.040
Every time in the 1948 case that the non-justiciability of the law is referred to, it is
00:46:24.720
within the context of a declared war. What I'm saying is that if you are a judge and you have
00:46:31.200
been brought this case and you have presented to you quite a lot of novel questions, including
00:46:38.680
constitutional ones. Again, I think your interpretation could well prevail, but there are all manner
00:46:44.820
of laws, especially older laws that include unconstitutional delegations of power that
00:46:51.140
the courts under current precedent would strike down. So if you are that judge, if we had a war
00:46:57.380
with Venezuela, your role would have been to say, I'm sorry, this has been settled. This case is not
00:47:02.300
for the judiciary. I can't do anything about it. Go away. But that's not what happened here. And
00:47:07.240
that's why I, and I think Andy McCarthy, although I don't want to speak for him, have some time for
00:47:11.240
the fact that this is now going to work itself up the chain. No, that's fine. I understand that,
00:47:15.560
but it's going to work itself up the chain because there are a whole host of novel questions.
00:47:22.260
Okay. Yeah. It's one of the rare times where I really disagree strongly with, with Andy and,
00:47:26.300
and maybe I'll be proven wrong. You're always on dangerous ground when you're disagreeing with
00:47:29.120
Andy McCarthy, but I do strongly. Um, the thing is, Rich, the political question doctrine is
00:47:35.440
something that the American people understand. You guys should just keep going. No, you guys should
00:47:38.520
keep going. I was learning so much. I was like, and then every time you talk, I was like, Megan's
00:47:41.540
right. And then Charlie said, no, Charlie's right. Well, we'll get Andy and Mike Davis on here and
00:47:47.820
then we'll, um, but the, I think the American public understands the political question doctrine,
00:47:53.500
even if they don't know that that's what they're understanding. They understand that the commander
00:47:56.800
in chief has certain inherent powers that, that the Congress may not, and that the judges may not
00:48:01.860
second guess like being commander in chief and deciding how many resources to devote to a certain
00:48:08.180
war. You know, there are certain things you would, you, everyone would be outraged,
00:48:11.920
but if a judge tried to second guess, it's not your turn anymore.
00:48:19.480
He can't help himself. Um, and, and this is one of the problems in the judge trying to turn around
00:48:25.420
flights that had already left us airspace. Yeah. Well, in terms of the politics, obviously this,
00:48:32.080
this is good for the Trump administration. All you need to know, and all most people will know is
00:48:36.620
that have limited time to focus on this is the president of the United States just deported
00:48:40.300
hideous gang members or alleged hideous gang members, most of whom probably are hideous gang
00:48:46.520
members to El Salvador and a judge tried to stop them. So they're with the Trump administration,
00:48:50.260
by the way, the president of El Salvador is a, you know, incredibly, give me more of these guys,
00:48:55.080
you know, no other foreign leader is, I want your gang members, but the president of El Salvador,
00:48:59.420
this is what I do. This is my core competency. So look, I have not, I have not followed this as
00:49:04.960
closely as, as you and Charlie have, but it, it, it seems to come down to me. Can the president
00:49:10.160
just, if there's any, just the slightest colorable, uh, argument that something's an invasion
00:49:15.840
occurs and can he just say it and no one else can countermand him? Right. And in that case,
00:49:20.400
he's going to win. This is beyond that. Right. But, but I don't think is, is it an evasion the way
00:49:25.900
we typically, um, define an invasion invasion? I mean, it's an incursion. We've got 10 to 12,
00:49:32.020
got 10 to 20 million illegals. Listen, rich, you got, I got to take a break, but, and we can
00:49:37.480
resume this on the other side, but I have to say you got almost a hundred thousand Americans who
00:49:41.240
died just last year from fentanyl, which is being brought across the border by these folks,
00:49:44.840
which is being made in the United States now by a lot of these folks. These labs are so easy to set
00:49:48.760
up and the fentanyl, the size of a grain of salt can kill many people. So we, you know, you have
00:49:56.660
actual American lives being cost to the tune of between 75 and a hundred thousand a year.
00:50:02.120
Number one cause of death for young people in America. Yes. You can absolutely say invasion
00:50:06.500
or incursion. Well, look, there are bad things that happen or terrible things or tragic things
00:50:12.280
that aren't the product of an enemy action, right? Is Venezuela ordering these gang members to come
00:50:18.260
into the United States to wage war against us? They opened their prison and knew they were coming here.
00:50:22.560
Well, that's, that's different than an invasion, right? That's not the Trump administration.
00:50:29.100
That's as far as Megyn Kelly's willing to go, but the Trump administration is saying that they were
00:50:34.160
sent here and, and they were asked that explicitly and said, yes, Venezuela did do it.
00:50:38.500
If there's a, there's, if there's a colorable case such that, you know, you find it reasonable,
00:50:43.200
can a judge just say, forget it. The president and I say it says it. So he's declared it. He's
00:50:47.260
proclaimed it in the story that, that may be the argument that, that prevails, but I'm with Charlie in
00:50:52.160
that it's a political question. Judge Broseberg doesn't get to decide whether Trump has accurately
00:50:59.080
deduced that there is an invasion. He's the commander in chief, not judge Broseberg. All
00:51:04.100
right. I'm sorry. I got to take a, I got it. I got to take a quick break. Great debate. You guys
00:51:09.560
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00:54:45.360
First of all, guys, can I just tell you, you know, I'm at the beach this week because my kids are on
00:54:49.060
spring break. Um, so this isn't, I'm not in my studio and I was asking if I could get a coffee in
00:54:54.780
here and this is what they brought me. This is so sad. Well, look at this tiny little, I said,
00:55:01.440
these people are obviously not in news. No self-respecting news person would ever just have
00:55:06.660
a tiny little espresso cup with a coffee. In any event, um, I need it just to keep up. Okay.
00:55:12.580
I got, I got this going Megan. So you can, you can envy me.
00:55:15.440
Yes, that's respectable. I appreciate that. Um, okay. Before we leave the topic of lawfare,
00:55:21.860
we have to talk about chief justice Roberts. So, so like I didn't know where yesterday,
00:55:28.640
I couldn't believe it. When I saw the statement circulating on X, I'm like, did he just drop this?
00:55:36.760
Like this wasn't in a case. It wouldn't know. He just decided now would be a good time to drop this.
00:55:42.420
Now I will say in his defense, but I'm, I, I'm not defending this. Trump tweeted out that judge
00:55:48.900
Boesberg should be impeached and, you know, said all the stuff. He's a hack, whatever.
00:55:54.080
Well, Trump Trump's done that. You know, he's constantly criticizing judges. This is not the
00:55:57.720
first judge he's done that to. Did anybody watch what happened during the law fair? Um,
00:56:02.140
so Roberts came out around noon yesterday with the following statement, quote,
00:56:07.000
for more than two centuries, it has been established that impeachment is not an appropriate response
00:56:12.940
to disagreement concerning a judicial decision. The normal appellate review process exists for that
00:56:20.340
purpose. By the way, in a potentially ill-timed motion that came late in the day, there was a
00:56:28.200
congressman who moved to impeach judge Boesberg, which is, it's like a little, it's unfortunate when
00:56:33.840
you've done that. And then within moments, the chief justice has said, this isn't appropriate, but
00:56:37.660
it kind of gets to the very nature of what's wrong here, which is it's really not for chief justice
00:56:43.580
Roberts to say rich. I mean, I, I respect the chief justice. I respect what he does for the country,
00:56:49.160
but Congress is in charge of whether a judge gets impeached and it's really not any of his
00:56:55.860
damn business. Yeah, totally agree. By the way, this puts paid to the conspiracy theory that had a brief
00:57:02.020
life after the address to the joint session of Congress, where Trump said, you know, appreciate it.
00:57:07.660
on a hot mic to, to, uh, judge Robert, justice Roberts, you know, I always remember. And I was
00:57:13.500
like, Oh, it's the immunity decision that he's thanking him for where he actually look at the
00:57:17.080
full tape. He's thanking everyone as he goes down the line here, generals and other justices. So
00:57:22.980
and Trump leader said he was saying he was thanking the chief justice in those words for swearing him
00:57:27.580
in. So this was, this is really, really dumb. Cause one, he's not going to get impeached,
00:57:34.520
right? So there's, there's not, maybe you can make the case if, if he's on the verge of getting
00:57:39.380
impeached the first time, the judge is going to get impeached for not, you know, corruption, but for,
00:57:44.200
for one of his, his rulings or actions, maybe the chief justice would feel compelled to speak out, but
00:57:49.640
he's just responding to a Trump criticism of this judge, which was lurid and over the top and all,
00:57:55.740
all caps and calling for him to be impeached. But if the chief justice is going to get into the business
00:58:00.400
of rebutting the president of the United States, every time he criticizes a judge, the chief justice
00:58:04.860
is never going to shut up, right? He's going to be very busy. And these are cases that are going to
00:58:09.200
come up to him and his court. So what if he, you know, this didn't happen. Trump didn't take the
00:58:14.340
debate, but what happens if Trump hits back at the chief justice, right? And you get a war between the
00:58:20.100
president, a war of words between the president and the chief justice. You speak, if you're a justice of
00:58:25.240
the court, you should, uh, you know, they do book tours and whatnot, but you should speak largely
00:58:29.860
through your opinions, your well-considered opinions, when you've considered everything
00:58:34.480
carefully has come up to you appropriately. And it's something in your ambit, that's your role.
00:58:39.940
So this, this was, uh, at the very least imprudent from the chief justice.
00:58:45.480
And not only that, Charlie, but judge Bosberg is a big boy. He's the chief judge in the district of
00:58:51.120
Columbia. It's right underneath the DC circuit court of appeals. He can take the president's mean
00:58:56.460
tweets and he can handle a congressman saying he ought to be impeached and starting impeachment
00:59:01.460
proceedings, which Rich is right. We'll go nowhere. Why is chief justice John Roberts protect
00:59:06.300
pretending like he's got to be the daddy of this judge or any other when he's been remarkably silent
00:59:13.480
when justices came under death threats, when Chuck Schumer was on the steps of the Supreme court
00:59:19.600
threatening them that they would reap the whirlwind when judge Aileen Cannon was being attacked
00:59:25.460
relentlessly for handling the Mar-a-Lago documents case, including threats of impeachment. I don't
00:59:30.720
remember him releasing statements, setting the record straight on how, uh, an errant federal
00:59:36.840
district judge ought to be handled back then. So I guess I'm just belligerent today, Megan,
00:59:42.240
cause I disagree with you both on this as well. First off, after Schumer made that terrible
00:59:48.840
statement about the whirlwind, Roberts did put out a statement. He condemned it and made a similar
00:59:55.020
statement to the one he made yesterday. So he does have doing this. Yeah. So first off,
01:00:01.020
I think it's consistent with the way that he's acted as chief justice. Second, if it's inappropriate
01:00:05.880
for someone who doesn't work for the legislative branch to opine on impeachment, then it's inappropriate
01:00:11.720
for Donald Trump to do it. So if Donald Trump comes out as the head of the executive branch and
01:00:17.900
says we should impeach justices, well, it's reasonable in response, in my view, for the head
01:00:24.080
of the judicial branch to say, no, you shouldn't. The Congress is, of course- Why? You of all people,
01:00:32.780
you love the constitution. This is a, this is a remedy. Congress has the right to impeach federal judges.
01:00:36.840
Right. But John Roberts did not say that it is illegal for Congress to impeach it. He didn't say
01:00:44.460
that if Congress impeaches- Well, it's been established that it's not an appropriate response.
01:00:49.280
No, what he said was actually correct constitutionally and historically. It's not that
01:00:54.180
Congress cannot impeach justices or judges if they want to. It's that they should not do so
01:01:01.940
on the grounds of pure disagreement. I mean, we presumably all think this because we,
01:01:08.400
the three of us, spent four years railing righteously against the Democrats for trying to
01:01:14.580
pack the court simply because they didn't like the opinions of the majority. Congress can pack the
01:01:20.440
court. It's allowed to do that. But it's totally reasonable for people to say, don't pack the court
01:01:26.200
just because you don't like Clarence Thomas or you don't like Alito. So I think for the judiciary
01:01:32.980
to say, hey, we don't do that. We don't impeach people based on their opinions only for being
01:01:41.340
wildly corrupt or what you were- That is for the Democrats in Congress to say. That's what the
01:01:47.920
Democrats should say in response to this motion to impeach that's been filed by this Republican
01:01:53.280
congressman. He's not Democrat in chief and he's not the daddy. This is one of the problems with
01:01:59.180
Chief Justice John Roberts. He's not the daddy of the judiciary. He's not. His oath is to uphold the
01:02:05.240
constitution. And he too often, must we go back to Obamacare, decides to maneuver in a way that would
01:02:13.300
protect the court as opposed to in a way that would uphold the oath. You'll find no argument from me if
01:02:20.260
you want to criticize some of John Roberts' opinions. But I think that if you look at the
01:02:24.920
presumption undergirding our constitutional order, it's that ambition will counteract ambition and each
01:02:30.440
branch will protect itself. And actually, the big problem that we have at the moment is that that
01:02:35.380
is very often not true. So to me, when I see someone like Trump criticize the judiciary, although
01:02:41.840
I think he's sometimes wrong on the merits and I don't often like the way that he does it,
01:02:45.760
that's fine. When I see, I wish we'd see more of it, Congress criticizing the president,
01:02:51.820
including the president's use of powers that the president has and indisputably is able to
01:02:57.220
exercise. I think that's fine. And if I see the judiciary defending itself and saying, actually,
01:03:01.680
no, even if it's not true, actually, no, this judge is good and we don't talk like that and you
01:03:05.660
should not impeach us for our opinions. I think that's fine. I think that is Madisonian in nature.
01:03:10.140
Now, if those branches usurp the power of others or interfere in ways that are extra constitutional
01:03:15.780
or unconstitutional, then I will have a huge problem with it. But John Roberts chastising
01:03:20.820
Chuck Schumer in 2020 or responding to criticisms of Bozberg and calls for his impeachment, that just
01:03:27.380
doesn't bother me. It's very different. Speaking up against a threat, I mean, that's like a direct
01:03:31.880
threat against justices is one thing. I mean, I didn't remember that he did that, but that just knowing
01:03:37.480
it is completely appropriate because they were being threatened by the majority leader of the
01:03:41.940
Senate. But that's this is not what's happening. This is a procedure that's available to Congress
01:03:47.120
to impeach a rogue federal district judge, which is what many people think about Bozberg right here,
01:03:51.840
given the discussion that you and I just had. And it's not for John Roberts to weigh in. Maybe he'll
01:03:56.940
get his time on the Bozberg decision, but this is not the time. And I'll tell you, I agree more with
01:04:03.300
Mike Davis, who tweeted out the following. Dear Chief Justice John Roberts, for more than two
01:04:08.360
centuries, he's playing off of the words used by Roberts. It has been established that impeachment
01:04:13.660
is a political decision by Congress. An activist judge ordering planes to turn around during a national
01:04:19.360
security operation is not a judicial decision. It is a highly illegal and extremely dangerous sabotage
01:04:26.780
of the presidency, which is an impeachable offense. Your statement is not an appropriate response.
01:04:31.760
The normal impeachment process exists for that purpose. And here's just one more, which I would
01:04:36.800
love to ask you about, Rich. Julie Kelly writes for more than two centuries. Again, Congress has
01:04:42.320
abdicated its oversight role related to the federal judiciary, creating a crisis of confidence among the
01:04:50.340
American people that is quickly destroying trust in the third branch of government. And she fixed it for
01:04:56.520
you to Roberts. But I think that raises a very interesting point and captures the angst and
01:05:03.380
anger that so many Americans are feeling right now as these judges try to stop the Trump agenda
01:05:09.380
in its cradle with decisions like the one we kicked the show off with by Judge Reyes, right? That there is
01:05:18.660
a federal judiciary creating a crisis of confidence by overstepping their remit and then absolutely no
01:05:26.900
oversight role being exercised by Congress or by anybody else, you know, where that's that's her
01:05:33.760
frustration. And it's the frustration of a lot of Americans. Yeah. So first of all, I love this
01:05:38.100
National Review Day, Charlie versus Megan. It's I love I love the throwdown we're having here. Look,
01:05:43.900
I think Roberts is right on the merits. I don't think it'd be a good idea to just go go and impeach
01:05:48.560
judges for for their opinions unless, you know, they're they're mentally ill or or something or
01:05:54.820
or just not not competent to carry out their duties or the found gold gold bars in their
01:05:59.800
suit pockets the way Senator Menendez was. But I just don't think he should have said it. I don't
01:06:05.120
think it helps the standing of the Supreme Court that he's so concerned with justifiably. But Senate
01:06:12.640
confirms judges, right? That that is that is part of our our our system. But we're not going to we're
01:06:19.620
not going to impeach these judges. You know, there's never going to be the votes for it. So
01:06:22.740
this the end of the day, this is a real sideshow. Yeah, there's they're not going to be the votes
01:06:28.540
for it, but they're trying to make a point that he's way out over his skis. I mean, yesterday,
01:06:32.180
what we saw was the ACLU feeding him the questions that they wanted the DOJ to answer
01:06:36.180
about these planes. And he he just did it hook, line and sinker. This is what the ACLU wants to know.
01:06:41.320
You bet you better answer it. And so now we have the commander in chief removing gang members from
01:06:47.060
the country having to answer to the ACLU exactly when, where, why, who, all of it. And again,
01:06:54.480
it's very controversial, given the discussion that happened in the first hour of this show.
01:06:58.640
OK, on the subject of lawfare, one of the people that Trump is trying to deport is Mahmoud Khalil,
01:07:08.220
who was a Columbia University student who was the spokesperson for a very controversial group
01:07:14.240
on campus called the Columbia University Apartheid Divest Group. And that was the group that took
01:07:18.720
Hamilton Hall hostage, committed tons of property. I mean, we showed the video on Monday, but I mean,
01:07:24.100
less people forget, it was extremely riotous, broke the windows with hammers. They threatened Jewish
01:07:30.200
students. They didn't allow Jewish students to get from A to B on campus. We could go down the list,
01:07:34.440
but very controversial stuff. And he was their spokesperson saying, you divest from Israel,
01:07:38.500
Columbia, or you get more Hamilton Halls. That's how this is going to go. Now he wants to play the
01:07:43.360
victim. And the left is only to help, happy to help. He's got some 19 lawyers representing him for
01:07:48.580
free. Well, he decided to write a letter, guys, dated yesterday. It's long, but I'll read just a
01:07:55.200
couple of highlights. My name is Mahmoud Khalil, and I am a political prisoner. I write to you from a
01:08:01.580
detention facility in Louisiana where I wake to cold mornings and spend long days bearing witness
01:08:07.560
to the quiet injustices underway against a great many people precluded from the protections of the
01:08:13.660
law. Writes about how he was allegedly accosted along with his wife by the DHS agents. When he got
01:08:20.140
to 26 Federal Plaza, I slept on the cold floor. He's obsessed with the cold. You should go back to Syria.
01:08:25.560
It's very warm there. He's going to be much happier. In the early morning hours, agents transported me to
01:08:30.780
another facility in Elizabeth, New Jersey. There, I slept on the ground and was refused to blanket
01:08:36.460
despite my—I'm telling you, the man, he doesn't—he shouldn't be here. The Northeast in March is no
01:08:43.020
place for Khalil. My arrest was a direct consequence of exercising my right to free speech. It talks about
01:08:52.560
how he was born in a Palestinian refugee camp in Syria. My unjust detention is indicative of the
01:08:57.780
anti-Palestinian racism from both the Biden and Trump administrations, etc. Okay, he says
01:09:05.120
they're determined to support Israel with weapons to kill the Palestinians, blah, blah, blah.
01:09:11.400
He goes back to the racism. President Shafiq Armstrong—he's talking about the Columbia
01:09:15.400
authorities—and the dean laid the groundwork for the U.S. government to target me by arbitrarily
01:09:21.540
disciplining pro-Palestinian students arbitrarily, he says, and allowing viral doxing campaigns based
01:09:28.440
on racism and disinformation. Columbia targeted me for my activism, activism creating a new
01:09:35.180
authoritarian disciplinary office to bypass due process and silence students criticizing Israel.
01:09:41.260
That sounds just like Columbia, doesn't it? And then he ends it by saying the Trump administration's
01:09:46.920
targeting me as part of a broader strategy to suppress dissent, visa holders, green card carriers,
01:09:52.620
and citizens alike will all be targeted for their political beliefs. This comes as a U.S.
01:10:01.240
district court has just decided that they will not let this case be heard in the Southern District
01:10:10.960
of New York, which is what Khalil wanted, nor will they let it be heard in Louisiana,
01:10:16.660
which is what the DOJ wanted. They will have it be tried in the district court in New Jersey,
01:10:23.280
which was the government's fallback because they brought him to New Jersey after detaining him in
01:10:27.740
New York. So it's sort of a split-the-baby situation, but I think the Trump administration
01:10:31.620
is going to be happy with New Jersey over SDNY, which is pretty far left.
01:10:36.720
Your thoughts on whether he has been detained because of racism and Columbia worked to set
01:10:44.120
him up and deprive him of his right to free speech, guys?
01:10:49.920
Well, it's preposterous, but it's the political views you'd expect of this guy. At least it didn't
01:10:54.880
use the word that some have used to describe his dissension, which he's been taken hostage. I believe,
01:11:00.620
if I'm not mistaken, that might've been his wife's statement that was read from the courthouse steps
01:11:04.840
last week, which is just perverse from people who-
01:11:12.580
But it wasn't read by his wife. It had a woman. Everybody thought that was the wife.
01:11:16.680
She read the wife's statement. It wasn't the wife.
01:11:19.140
Yeah, yeah. The statement was from the wife. It was read by someone else. But these are people
01:11:23.180
that have torn down flyers with pictures of Israeli hostages who've never said anything about Israeli
01:11:30.460
hostages who were literally, you know, pulled from their houses, their beds, their children,
01:11:36.480
held in dungeons. They're not just cold, right? Heinous acts of violence being perpetrated against
01:11:42.660
them. And this guy, who is an immigrant to the United States, as Marco Rubio has eloquently stated,
01:11:48.320
has no right to be here. Charlie can speak to this fulsomely, by the way. If you're an immigrant,
01:11:54.440
an illegal immigrant on a visa, tourist student visa, or even a green card holder, you are obsessed,
01:12:00.700
if you're a normal person, with abiding by every single law and rule. You don't want to park on the
01:12:07.360
wrong side of the street because of what might happen to you. And this guy, you know, there's a
01:12:12.020
cognizance of guilt, right? Megan, he said, well, I don't go in the media very much because I'm an
01:12:17.160
immigrant here and I might get in trouble. I don't want to get in trouble because who knows what could
01:12:21.180
happen, right? And it's happened. So it's entirely on him. And it kind of ties back to the first
01:12:25.780
segment on the trans issue. In the military, you don't have a right to be a member of the military.
01:12:30.060
And you don't, as a foreigner, have a right to be in the United States. So I'm sure it's not pleasant
01:12:35.980
to be in a dissension facility in Elizabeth, New Jersey, but he brought this on himself. And this is
01:12:41.640
something, I think it's a bit of a close call, but I think ultimately another theme in our discussion
01:12:47.280
today will be based on the determination of Marco Rubio, that it is against the national security
01:12:52.620
interests of the United States to have these protests creating a false image of what we are
01:12:58.680
and what our priorities are. And he was a leader in that effort. So goodbye.
01:13:03.540
I think you called that the king's card in your discussion with Andy on his podcast, which that's
01:13:08.580
well said. Yeah. But that's despite all the debates over the laws and the rules and the way you can
01:13:15.420
deport somebody, et cetera, that Marco Rubio has this ace in the hole, which says there is an
01:13:21.280
explicit statute saying the secretary of state can deport you if he thinks you pose a reasonable
01:13:25.340
threat to the foreign policy of the United States. That card has been played on Mahmoud Khalil. It's
01:13:31.200
over. And no one cares how cold he is without his blankie. He took this. He took the campus of
01:13:37.940
Columbia University hostage and acted as a spokesperson for the group that was threatening a lot more
01:13:44.100
mayhem, Charles. I mean, it doesn't matter whether it was actually charged as a crime by Alvin Bragg.
01:13:50.280
What he was doing very much looks like extortion and conspiracy under the criminal law to me. And you
01:13:57.360
don't even have to prove that. All you have to prove is Marco Rubio made a reasonable determination.
01:14:01.960
I think Marco Rubio's reasonable determination will prevail here. I do suspect this might take a while,
01:14:08.660
though, because there are a bunch of complicated questions that will come up the works. One is
01:14:14.840
whether or not what he engaged in was speech. I think a lot of it was not. But the half the country
01:14:21.880
thinks it was. And then there's the fact that he has become a green card holder. And a green card
01:14:27.680
holder is a US person, they can still be deported. But the criteria for deportation is much narrower. And of
01:14:35.800
course, he has an American wife who is pregnant. And I think she's eight months pregnant. So in one
01:14:40.400
month, he's going to be the father of an American citizen. No, well, it isn't. It's going to gum up
01:14:46.480
the works, though, I think. But I think Marco Rubio's explanation...
01:14:50.540
Here we go again, C-squared. Let's do this. It's irrelevant. It's something that he used to pull on the
01:14:56.000
heartstrings of the judge. But it has absolutely no legal relevance that you're married to an American
01:15:00.040
or about to have an American baby. Well, it doesn't. It doesn't in that we've been discussing
01:15:04.620
some judges who are bad, and who are willing to put themselves in the way of the Trump agenda based
01:15:12.320
on flimsy pretexts. And until you meet a judge, excuse me, a panel of judges who is not doing that,
01:15:20.340
then this is going to grind on. I mean, I think it could take a year as it winds its way through the
01:15:25.100
system. And I think some of the questions, and we'll find out who's right, I suppose,
01:15:29.720
but I think some of the questions that are going to be litigated here are what constitutes the rights
01:15:34.300
of a U.S. person, which is a green card holder, whether it matters that he was a U.S. person after
01:15:41.120
the various actions were taken. Well, no, but I mean, of course, U.S. person is a term of legal art,
01:15:49.180
which you know, but it's not synonymous with American citizen. It's not. I mean,
01:15:53.860
you're not allowed to get public benefits. You're not allowed to vote. There are all sorts of rights
01:15:57.820
that the three of us have as American citizens that he doesn't have. Correct. But for example,
01:16:03.580
and I'm not actually arguing with you here, even if I sound like it, but for example,
01:16:07.060
a U.S. person is allowed to own a gun. I know this having been a U.S. person before I became a
01:16:11.680
citizen. You can own a gun. And the Supreme Court has ruled that right of the people to keep and bear
01:16:16.480
arms applies to U.S. person. So there will be a judge. I promise you this. There is going to be a
01:16:22.060
judge who looks at this, says the First Amendment supersedes Marco Rubio's argument,
01:16:26.480
and that as a U.S. person, he is protected. Well, yeah, there could be a judge. And I should
01:16:31.240
point out that one of the reasons that Democrats and the left are getting all these favorable
01:16:37.600
rulings is because they're judge shopping. They're making sure that they file these cases in the most
01:16:42.240
leftist jurisdictions that they possibly can and trying to get, you know, a good judge. That's why
01:16:48.260
they wanted this case with Khalil to stay in the SDNY. It's why they're thrilled with Judge
01:16:52.960
Bosberg, Judge Chong, who just did the USAID ruling. All these people are left-wing appointed
01:17:01.760
judges, and so they're thrilled. But unfortunately for them, we have a Supreme Court that right now is
01:17:05.700
6-3 with the conservatives, notwithstanding Chief Justice John Roberts and Amy Coney Barrett,
01:17:11.000
who's been slightly soft. So we'll see how she does. But I think in the end, I feel like Coney
01:17:17.440
Barrett will do the right thing. I don't know about the chief judge. And that's a 5-4 ruling
01:17:22.260
in President Trump's favor on, I think, most of his agenda, which will be ultimately upheld.
01:17:27.480
Okay, let's keep going. That's Khalil. He was not held because of racism. He was certainly not held
01:17:32.600
because of some discrimination by the Columbia University administrators. Good God, they let them
01:17:39.040
hold the university campus and abuse Jews for months. I mean, it just went on and on and on. And now
01:17:46.220
he's got the nerve to claim this is racism against him. It shows he's assimilated. He's assimilated
01:17:52.440
in that respect, Megan, right? It's the most American thing in the world to accuse our own
01:17:55.980
country of racism. Good point. We've got to spend a minute on, as long as we're talking about double
01:18:02.000
standards, Tesla and Tim Walsh. We've got to talk about Tesla and Tim Walsh. So Elon Musk's company
01:18:11.580
and Elon Musk are under attack from coast to coast. There's this new campaign to vandalize
01:18:19.720
Tesla vehicles, Tesla dealerships to key, you know, when you take your key and you scrape,
01:18:26.680
you scratch, which is very expensive to fix the side of a Tesla car. Some people are throwing
01:18:32.060
Molotov cocktails at the Tesla vehicles. And again, we've seen even vehicle dealerships
01:18:38.840
targeted. This is Elon Musk is quickly becoming the left's favorite target, even more so than
01:18:45.120
Hitler, fascist, orange man, bad Trump. And what we saw, what we're seeing now is some Democrats sound
01:18:54.560
awfully close to defending those attacks on Tesla and the dealerships. You know, they're smart enough
01:19:02.500
not to say that explicitly, but they're sounding awfully close. Before I get to Walsh, here's left
01:19:07.900
wing operative and Hillary Clinton BFF, Neera Tanden versus Scott Jennings on CNN last night.
01:19:15.340
And that's the American left right now. It is one angry mob after another willing to take things into
01:19:21.740
their own hands up to and including keying, firebombing and otherwise vandalizing cars and
01:19:27.420
car dealerships and charging stations. It's outrageous. So when they do it to a Tesla dealership,
01:19:33.620
it's really bad. But when they do it to the halls of Congress, we should pardon them. Is that your
01:19:39.060
position? No, I've never. Are you okay? I know you haven't been around for a while. So let me educate
01:19:44.900
you about my position about January 6th. I'm so sorry. Let me educate you. So let me educate you
01:19:50.060
about my position. You want to attack me? Let me finish. Let me finish. Let me finish. Let's do
01:19:54.820
this January 6th. Yeah, I'm sorry. You're a condescending person who hasn't been paying
01:20:00.260
attention to what I do. I have repeatedly, just like my friend Ashley here, said that no violence
01:20:06.520
in our political system is acceptable. But this right here, what's going on with a guy who helps
01:20:11.780
our country, who runs successful companies, who doesn't have to be doing this. And now one of his
01:20:16.580
companies is under systematic terroristic threat and violence all over the country and people seem
01:20:22.000
to be laughing about it or fine with it. It's outrageous. Anyone who commits violence against
01:20:27.820
Tesla or Congress or anyone else should be put in jail a thousand percent. But that does not stifle
01:20:35.060
dissent or opposition from Elon Musk. Give it a little lip service. Give it a little both sides.
01:20:39.960
I'm so sorry to say that people are legitimately upset. They are legitimately upset at Elon Musk and
01:20:47.340
they're doing it on their own. But there is no reason to have violence in the country. But I just
01:20:51.520
wish all of us would support criticism of or would support punishing people who are violent wherever they
01:20:59.100
are. So they're very upset. They're legitimately upset. They're doing it on their own. And we should
01:21:07.760
really be condemning January 6th in this in this moment as well. Your thoughts on that one, Charles.
01:21:14.120
She just can't do it, can she? All she has to say, all she's obliged to say as the citizen of a free
01:21:20.940
republic is it is never acceptable to firebomb cars because you don't like the guy who owns the company
01:21:28.360
and she can't do it. Joe Biden, by the way, nominated her for a federal position. Thankfully,
01:21:33.720
the Senate shot it down. Joe Manchin, I think, saw sense. But she cannot do it. And that is because
01:21:42.580
at the root of modern American progressivism is the suspicion at best and the conviction at worst
01:21:53.200
that violence is sometimes justified, that riots are necessary, and that all these power dynamics and
01:22:01.060
hierarchies of grievances that we've been treated to for years justify what we see on the streets often
01:22:07.640
and hear at car dealerships. It's absolutely astonishing to me that she can't do it. And the
01:22:14.400
newspapers, incidentally, have published headlines over and over again that run a little bit like
01:22:20.600
Neera Tanden's answer there, which is suggesting that Elon Musk has angered people and therefore that
01:22:28.800
they can't be held responsible if they resort to violence. It's appalling.
01:22:35.380
Rich, we did have the almost vice president of the United States, Tim Walz, decide to weigh in on this.
01:22:44.580
And here's what he had to say in response to Elon Musk. I mean, obviously, in response to Elon and
01:22:50.820
what he's doing with the federal government and all that. But here's what he decided while
01:22:53.840
while Tesla's under attack, while Elon's under attack. This is his message yesterday.
01:22:58.420
I'm saying on my phone, I don't know, some of you know this on the iPhone,
01:23:01.080
they've got that little stock app. I added Tesla to it to give me a little boost during the day.
01:23:11.940
And if you own one, if you own one, we're not blaming you. You can take dental floss and pull
01:23:21.540
the Tesla thing off, you know, and take out of just telling you.
01:23:27.020
So your thoughts on that, as this is one of the largest American manufacturers and employers of
01:23:32.660
Americans that we have, but he's celebrating the drop in stock. This not to mention, as Elon Musk
01:23:38.400
rescues our two astronauts who were stuck on the International Space Station. It's just your thoughts.
01:23:43.260
Yeah, it's meant to punish and coerce Elon Musk. And this whole campaign is loathsome and
01:23:48.780
non-American. That's fine, obviously, to protest. If it's peaceful and lawful, it's fine to boycott.
01:23:54.380
You know, there's a boycott against Bud Light a year or two ago, but I don't remember Bud Light
01:23:58.080
delivery trucks getting Molotov cocktailed or 7-Elevens getting shot up. So this is a low-level,
01:24:05.580
you know, it's not hijacking planes, but it is a low-level form of domestic terrorism,
01:24:09.540
basic definition of which is violent acts that are ideologically motivated and meant to change
01:24:16.340
the course of a government or government policy. They want to make Elon Musk afraid. I don't think
01:24:23.420
he scares easily, but they want to make the people who work for him afraid. They want to make the
01:24:26.600
potential customers afraid. They want to make the people who own the cars afraid, right? The last
01:24:31.760
thing you want to think of is my car might be vandalized, right? This is an expensive vehicle.
01:24:38.000
So whenever the left talks about direct action, you need to take measures to protect your person
01:24:44.540
and your property. And that they're celebrating this or can't condemn it is utterly contemptible.
01:24:51.920
And speaking of the left's celebration of violence, here's another soundbite. This one
01:24:57.500
is still Tim Walz, but it's on Gavin Newsom's podcast Tuesday.
01:25:01.900
Okay. You got to respect people you disagree with, even, and you can't just dismiss people.
01:25:12.160
I think I could kick most of their ass. I do think that.
01:25:14.780
I know I can not run them, but I don't know if we're going to fall into that place where we want
01:25:19.380
to, okay, we challenge you to a, you know, a WWE fight here type of thing.
01:25:24.940
But it is, it's a natural reaction. I think it's one of the reasons we're losing so many men. And again,
01:25:29.360
it's multi-ethnic. It's not just white men. Uh, we're losing them. We're losing them to these
01:25:33.740
guys online. That's why I brought, these are bad guys though. These are bad guys, but they exist
01:25:39.260
and we could deny they exist. They exist. Not only they exist, they persist and they're actually
01:25:43.980
influencing young kids every single day. How do we push some of those guys back under a rock?
01:25:49.000
I think we have to first understand what their motivations are. I think we have to understand
01:25:53.180
what they're actually doing. You don't think it's racism and misogyny?
01:25:56.500
Oh my God. There's so much in there. I'll start with you on it, Rich, since Charlie and I have
01:26:02.380
done a lot together that there's everything in there, right? Like I'm going to kick their ass.
01:26:08.280
Okay. Sure. Sure. Jan. Um, these are bad guys, the online influencers, he's clearly talking about,
01:26:15.320
you know, sort of the manosphere, uh, that helped get Trump elected. They're bad. And then the,
01:26:20.440
how do we kick them back under a rock? The leftist instinct to silence always there when it's not
01:26:26.480
their POV and then just the cherry on top. It's all, they're all racists and misogynists.
01:26:32.720
You couldn't like, if I, if I sent you into like a back room with a bot and you were to program it,
01:26:38.740
to say the things that the left believes about the right half of America, that's what you'd come out
01:26:42.340
with. Yeah. And that was the guy they selected. That was supposed to appeal to ordinary Americans and
01:26:47.480
to rural men, Tim, Tim Waltz. When he says push under a rock, it's consistent with what we heard
01:26:52.700
from him about the first amendment, where, which he totally doesn't understand and says that it
01:26:57.580
bans hate speech, right? So this is ultimately where they want to go. They, they, they want to
01:27:02.300
censor and coerce. So I'm not a big Gavin Newsom fan. Obviously the guy is way too slick, but the
01:27:09.980
project here, I don't know if sure was not sure whether it's going to work out for him politically,
01:27:13.600
but the project to at least understand that's a huge step forward. And that big debate between
01:27:19.440
Waltz and Newsom, Newsom is right. Let's understand what's going on and maybe find out a way to appeal
01:27:26.120
to these people. Once you know why they they've gone to what they consider the dark side, but Waltz is
01:27:31.880
with the left. No, they're horrible. They're racist. They're misogynist, nothing to learn, nothing to
01:27:38.040
understand. We're righteous and they need to go away. And that's the attitude. I mean, we've seen it for
01:27:43.580
a long time for the left, but it was the attitude that, that, uh, sunk Hillary Clinton in 2016 and
01:27:49.260
they're still not over it. That it's not solvable for them, Charles. Like it's, they can sit there
01:27:57.340
all day long. Tim Walls thinks the answer to losing young men as voters is for him to be like,
01:28:01.500
I'm going to kick some ass. I am going to kick the ass. I'm going to do it. Um, as opposed to the
01:28:08.660
way they talk about men, the way they talk about white men, their policies, when, when it comes to
01:28:14.280
white men, getting jobs and getting ahead and treating them like their second class citizens, not to
01:28:19.840
mention the irony of these two dudes, these two governors talking about like how we've lost all these
01:28:27.720
young male voters who are literally running the most insane leftist States in the union, when it
01:28:35.840
comes to the trans insanity and trans so-called trans children. I mean, like the policies walls is
01:28:43.220
the only one further to the left than Gavin Newsom. When it comes to what can be done with a child who
01:28:49.780
expresses gender confusion, he made Minnesota, a so-called trans sanctuary state where the, where the
01:28:55.980
state can rest custody from a parent who won't quote a firm Gavin Newsom right there. I mean, a sliver
01:29:04.460
behind him in California. And these two are like, well, we just had to figure out how we're losing
01:29:10.260
voters, especially men by the droves. Gee, maybe we need to have more tough talk about kicking ass.
01:29:17.540
Yeah. It will never cease to be weird that having put together a ticket that consisted of Kamala Harris
01:29:24.700
and Tim Walz. The Democrats went on a two week offensive where they described verbatim JD Vance
01:29:32.240
as being weird. Tim Walz is one of the most weird people I've ever seen in politics. I've lived in
01:29:39.520
two countries. I've spent some time in a third, France, which is well known for having strange
01:29:45.060
politicians. And Tim Walz may well take the cake. He also can't decide there, which I think is
01:29:50.520
genuinely interesting, whether or not he wishes to condemn what he sees as toxic masculine men,
01:29:59.720
or emulate them. It's an odd thing to do to say, we need to put them under the rock. They're bad
01:30:05.880
people. Those sort of men have no place effectively in our politics. But to start the segment saying,
01:30:12.940
I'm going to kick their ass. Because the vast majority of the people he's talking about would not
01:30:17.340
say that. Now, if you threaten their girlfriend, they'll tell you they'll kick your ass. But they
01:30:22.440
wouldn't start with that. There wouldn't be the opening gambit. So he seems somewhat confused as
01:30:27.400
to whether he wants to eradicate them or to become them. This is such a good point. This reminds me of
01:30:34.040
there was a friend that Doug and I had. It was someone I knew professionally. And we wondered whether
01:30:42.660
he was gay because he never had girlfriends and he was a very good looking guy. And just there were a
01:30:48.700
lot of gay men in our lives. Our friends were like, is he gay? Is he gay? Anyway, he used to run around
01:30:54.900
and say to Doug and to our other like male friends, when he had an alleged girlfriend, like,
01:31:02.080
she looks amazing naked. You should see her naked. And Doug and his guy friends would say,
01:31:07.480
that's not how straight men talk past the age of 19. Right? Like, that too is gay is really what
01:31:15.040
they're saying. I think you're on to something there about Tim Walls, right? Like, actual tough
01:31:22.100
guys, not like, I'm going to kick his ass. I'm going to kick their ass based on nothing.
01:31:27.560
You know, who else did it a lot was and I'm not suggesting anything. Joe Biden, right? He's this
01:31:33.280
tottering old man. He'd barely stand up anymore. And he'd be talking to her. I'll, you know,
01:31:37.100
I'll take you down. You know, let's have a pushup contest. It's this false bravado and masculinity
01:31:43.200
overcompensating. So true. Um, okay. I'm still stuck on my story. I saved this one. I really want
01:31:54.900
Charles's viewpoint on this because I think you're both are going to like it. And I think you've both
01:31:59.120
heard it, but I really want to hear what Charlie has to say to another Charlie. This one goes by
01:32:04.220
Chuck, his last name Schumer, and he appeared on the view and had some real thoughts on the evils
01:32:17.320
It's a different kettle of fish than it used to be. And that's why we're fighting them so hard.
01:32:22.400
They are controlled by a small group of wealthy, greedy people. And you know what their attitude is?
01:32:28.480
I made my money all by myself. How dare your government take my money from me? I don't
01:32:33.800
want to pay taxes. Or I built my company with my bare hands. How dare your government tell me how
01:32:39.640
I should treat my customers, my, um, the land and order water that I own, uh, or my employees.
01:32:46.400
They hate government. Government's a barrier to people, a barrier to stop them from doing things.
01:32:52.400
They want to destroy it. We are not letting them do it. And we're united.
01:32:56.020
For the listening audience, he ends it with his fists in the air once again, like when he tried
01:33:03.300
to get that chant going, we're gonna win. And no one joined him. He just thinks if he raises his
01:33:08.760
fists in the air, somehow it's going to inspire us. Charlie, your thoughts on that?
01:33:14.080
Well, I think if I were the Republicans, I would already be looking to run that in 2026 in the midterms.
01:33:20.860
I mean, look, that is one of the Democrats' big problems. They just believe that the people who
01:33:34.420
pay the vast majority of taxes, if you look at our progressive tax system,
01:33:39.060
the people who create economic growth and invention, um, the people who really do,
01:33:45.980
um, serve as the backbone of the private sector are the problem. And that their suspicion of big
01:33:53.900
government is ungrateful. And they've been doing this for a long, long time. This didn't start with
01:34:00.200
Chuck Schumer. Barack Obama used to do this with his whole, you didn't build this nonsense. Elizabeth
01:34:05.400
Warren talks like this. You can go back a hundred years and you'll find Democrats talking like this.
01:34:10.260
Now it's not the case that Americans on average are as free market oriented as I am. And I'm aware
01:34:17.260
of that. I am much more free market-y than the average American. But I think this is in some way
01:34:23.260
related to the previous clip that you just paid, which is that a lot of Americans, they do have a
01:34:30.080
certain get up and go, especially the young men you're talking about who feel that they want to go
01:34:35.360
out there and express themselves without being told that they are the problem. Now it's not that I'm
01:34:40.160
saying men are more entrepreneurial than women, but I'm saying that women don't tend to be told
01:34:43.680
they're the problem by the Democrats, but men do. And if you combine the message that we just saw
01:34:49.040
from Tim Walz with the message that you just saw from Chuck Schumer, it's essentially go away,
01:34:56.760
go under a rock, don't create anything, don't innovate, don't take risks. And if you do,
01:35:02.600
we're going to take the money that you generate from them. And I think that together, those messages
01:35:07.040
are why a lot of young men, and it seems to be disproportionately non-white young men, for all
01:35:13.400
Tim Walz's accusations of racism and misogyny, the group that moved the most in the last election was
01:35:18.760
young men of color. Those people are the ones who are put off by this message. So I think they're
01:35:26.620
going to have to shift because I don't think that's how you win back the country.
01:35:31.900
Rich. That's just pathetic. Look, I think Schumer made the right call on avoiding a government
01:35:36.840
shutdown, but he's just kind of been exposed as not very good at this. And there's something about
01:35:43.180
the Senate that creates certain kind of leaders. They take on the aspects of the institution. Now,
01:35:48.740
it's true of Mitch McConnell. Republican base didn't like Mitch McConnell, even though he was very good
01:35:53.460
at his job in the Senate. But he wasn't going around pumping his fists and trying to pretend like
01:35:58.600
he was something he wasn't. And that's what Schumer is doing, just like Tim Walz is when he's saying he's
01:36:03.480
going to kick people's asses. I will say at least this is a cartoonish version of what a lot of
01:36:11.440
Republicans or Elon Musk wants or thinks. They're not Nazis. So Elon Musk is a techno-libertarian,
01:36:18.020
but people are spray painting swastikas on his car because they just think if anyone's on the right and
01:36:23.360
they disagree with him, therefore they must be a fascist or Nazi, at least this is a cartoonish version
01:36:28.380
of the way entrepreneurs or libertarian-leaning Republicans think. But it's still cartoonish. And Chuck
01:36:38.620
Schumer just doesn't, you know, I think AOC would be an idiot not to challenge him in that Senate primary
01:36:44.200
coming up several years away now, but I think she should go for it.
01:36:47.460
Yeah. These guys are so out of touch and just embarrassing themselves. I mean, the more,
01:36:53.620
the better. Tim Walz should stay out there talking and Chuck Schumer too. It's just,
01:36:58.240
I guess he doesn't realize how uninspirational he is. The thing with Tim Walz, like we're going to
01:37:02.020
kick their ass. All I could think of when I listened to him was that viral video that was on YouTube when
01:37:07.140
YouTube was really first taking off with that little girl. And she's like, he's going to come out
01:37:11.780
of the movie. He's going to kick my ass. Remember that one? The mom's kind of laughing,
01:37:16.080
like, you can't say that. You say, but anyway, that's who he sounded like, except far less cute.
01:37:22.660
Okay. We've got to get to this incident on CNN, which I've been promising the audience for days,
01:37:29.520
and it just haven't been able to get to. Bill Weir, who is a far left radical climate activist,
01:37:37.000
is the chief climate correspondent on CNN. And he covers as a result, EPA, and now Lee Zeldin at EPA.
01:37:47.960
And he went on Caitlin Collins show late last week with a quote, fact check of an EPA press release
01:37:57.500
about what they're doing over there as they try to reform or really kind of undo some of the extreme
01:38:03.980
quote reforms that Joe Biden put into place. Here is what he reported.
01:38:10.060
They were putting out press releases with such a flurry, about 31 different actions and rollbacks
01:38:14.900
that some of them had typos or placeholders at the top. We have one of those there. Trump EPA announces
01:38:21.120
zero, zero, zero. You can see there it's sort of shoot first, fill out the press release later.
01:38:27.660
EPA administrator, the guys are shaking their heads for the listening audience. EPA administrator Lee
01:38:34.380
Zeldin took to X the very next day, writing another media fact check face plant, where the fact checker
01:38:43.040
doesn't have the slightest clue what he is talking about. And he says, these aren't zeros. They are the
01:38:50.700
letter O. O-O-O-O is not a typo, says Lee Zeldin. 40 CFR, Code of Federal Regulations, Part 60,
01:39:00.880
Subpart O-O-O-O-O or Quad O is a federal regulation under the Clean Air Act. And then goes on to explain
01:39:10.060
exactly what they are doing. They're letting people know that they're about to have open debate on
01:39:17.540
whether the EPA can, as Zeldin feels, change those increased standards that the Biden administration
01:39:24.480
put on, I think it's methane producers. But in any event, Charlie, your thoughts on Bill Weir's
01:39:30.680
so-called fact check as the CNN resident expert on these issues? Yeah, well, I'm glad you used the
01:39:37.840
word expert because for years now, there's been this back and forth in the courts between the law as it
01:39:44.260
was written by Congress and the EPA's interpretation of it. Thankfully, many of the cases have gone the
01:39:49.700
way of congressional will in recent years. But every time they do, we get these dissents from people like
01:39:56.680
Elena Kagan and Sonia Sotomayor, in which they applaud the experts in the community and say, we should
01:40:04.500
just be giving them carte blanche to do whatever they want. And then we see one on television absolutely
01:40:09.620
beclowning himself. And we realize why we have the system that we have. It's very,
01:40:15.140
very embarrassing. It is also what happens when for years, you know, that the media is on your side
01:40:24.180
and just will reflexively back you and publish your talking points as if they were facts, you become lazy
01:40:29.620
and flabby. I think, you know, the average press secretary for a Democrat is worse than the press
01:40:35.700
secretary for a Republican because they're just not used to doing the work. They're just not used
01:40:40.420
to the hostility that sharpens people. That was a good example of it. And I'll just use this
01:40:45.780
opportunity to say Lee Zeldin is one of the best of the nominations that Donald Trump made and seems to
01:40:53.520
be doing an incredible job at EPA, not only in policy terms, but in making sure that all of the work
01:40:59.460
that he's doing is legitimate and the I's are dotted and the T's are crossed. I think when this
01:41:06.980
administration is over and we look back on the story of it, we will say that the EPA appointment
01:41:14.100
and conduct was probably one of the best parts of the whole thing. This is what happens, Rich,
01:41:19.700
when your left wing activism blinds your obligations as a reporter.
01:41:25.140
Mm hmm. Yeah. Well, we all have our moments and I wouldn't have known what all those O's are,
01:41:30.580
but I'm not an environmental reporter. So this is hugely embarrassing. And Lee Zeldin,
01:41:37.380
I agree with Charlie. He's great. Now, you've got to be careful because the first time around,
01:41:41.380
a lot of great stuff happened to the EPA as well. And it all got reversed because it wasn't careful
01:41:45.460
enough. So hopefully Lee Zeldin is dotting his I's and crossing his T's there. But I would also,
01:41:52.180
I wouldn't think like O's would be a natural stand in for something that's going to be filled
01:41:56.660
in. You know, usually you'd leave something blank. You'd have underscores or the journalistic way to
01:42:01.220
do it is a capital T and a capital K. So, uh, yeah, we're should have been a little more
01:42:07.140
spelled a little more careful here. Um, here's the thing though. So this guy, Bill Weir,
01:42:12.420
I don't know if you guys are probably nobody's familiar with him because no one knows who he is,
01:42:16.900
but he being in the business and on cable news, I've been watching this guy for years
01:42:21.700
and he is as rabid a partisan as they come. He was at ABC. Now he's at CNN. And I want you to know
01:42:29.540
just how rabid. Okay. Let me just start with his climate activism and just radicalism. All right,
01:42:37.340
Charlie and Rich, you both have young kids. Imagine doing this to your child
01:42:41.540
on earth day. All right. He published a letter on CNN.com to his son, river,
01:42:47.860
marking the child's fourth earth day where he warned of mass extinction. And here's what he wrote
01:42:54.920
April 22nd, 2024. This is just this past April. There are still dark days to be sure. And since
01:43:01.460
you love animals so much, I can't bring myself to explain just how many of your favorites are on
01:43:06.180
extinctions brink. And while technology in the hands of the soulless can divide us,
01:43:13.020
it can also connect the helpers in ways that can save entire ecosystems. This is a follow-up to his
01:43:19.460
2020 version of his letter to his then newborn son, where he wrote, quote, the milk in your bottle was
01:43:26.600
warmed by dirty ancient fuels. And as a result, you will learn to walk on a planet that has never been
01:43:35.580
this hot for humans. Charlie, is that what you wrote to your babes when they were first born?
01:43:45.200
It's not. You know, the other thing, aside from being borderline child abuse in its content,
01:43:49.420
it's so overwrought. It's embarrassing. That's what I would write as a parody. If you told me,
01:43:55.860
you know, there are people who do this, come up with the letter. I think I'd write, I think I'd be
01:44:01.940
nervous about publishing that for fear that it seemed unbelievable.
01:44:09.020
Your dirty milk, my terrible fossil fuels. So that's how he talks to his son. Rich,
01:44:14.720
you have a newborn baby. I'm sure you're writing her letters just like that. You probably have to
01:44:18.380
run right now to do it. Yeah. What is weird? He has kids like a dead polar bear. Sorry,
01:44:24.120
you know, dead stuffed polar bear. Sorry, this polar bear is dead. But you know, that's just
01:44:27.520
the world you live in. This is one of these beats, Megan. Like every climate reporter in the country,
01:44:33.440
probably, if they haven't written those sort of things to the kids, they think it, right? It's like
01:44:37.720
covering gender or misinformation or disinformation. There's not one honest, straight, objective
01:44:45.140
journalist who ever ends up on a beat like that. Yes. All right. So he ultimately was forced,
01:44:52.040
after being publicly shamed to issue a correction on CNN, which he did. That's good. That's a bare
01:44:58.240
minimum that's required of people. But if you look at this guy's actual reporting, taking away his
01:45:03.160
mental deficiencies as evidence in those letters, it's of course, completely biased, pro Obama,
01:45:10.420
Biden, anti Trump. And I've got to just show you these, these couple of examples before we go.
01:45:15.240
All right, here he is. Just see if you can tell me if you can spot the difference in the way he
01:45:21.040
reported on Trump, which we'll play first versus Obama, which we went back and just pulled some of
01:45:28.540
his coverage of the Obama inauguration. We're going to play these two back to back 24 and 25.
01:45:34.400
These are such vital years right now that we're dealing with. And then this new administration,
01:45:39.480
not only ambivalent about the science, but almost antagonistic. So we'll see. We'll see
01:45:46.120
who is able to hold the lines. Now, for anybody who remotely cares about land and water and animals
01:45:52.300
and climate, this is an obvious choice. They live in two different planets on planet Trump.
01:45:58.580
There are no gigafires out West. Miami is not flooding. There are no experts telling us that
01:46:05.820
Think things are bad now. Imagine the hell on earth. That would be three degrees of,
01:46:11.440
of global warming. Uh, well, Donald Trump is, is basically saying go to hell, go to that hell
01:46:18.040
because he doesn't want to even acknowledge the existence of the problem.
01:46:22.020
Well, Charlie, we know that wind can make a cold day feel colder, but can national pride
01:46:27.140
make a freezing day feel warmer? It seems to be the case because regardless of the final
01:46:33.600
crowd number estimates, never have so many people shivered so long with such joy from above,
01:46:42.500
not even the seagulls must have been awed by the blanket of humanity.
01:46:55.980
I mean, that was right at the end. He was trying to paraphrase Churchill.
01:47:02.280
No, he said never before, which is, which is a line that Winston Churchill used after the battle
01:47:06.540
of Britain, an air campaign that quite literally saved Britain from Nazi invasion in 1940.
01:47:12.340
So he's transplanted that into a description of the inauguration of, I presume, Joe Biden.
01:47:21.440
But it's just that is such a great example, though, of how these people's priorities are
01:47:26.720
all out of whack. Literal existential survival of the British Empire gets moved over onto the
01:47:32.900
same plane as Barack Obama becomes president. Just insanity.
01:47:39.140
Yeah, it's a parody. And they can't just say, oh, the science suggests if the projections
01:47:47.140
are true that 50 years from now, 100 years from now, keep warming this way, natural disasters
01:47:53.620
will marginally be worse, right? I mean, it's always hell is upon us. Every single natural
01:47:59.840
disaster is directly caused by climate change. It's kind of like COVID in that the people who
01:48:05.780
are most supposedly committed to the so-called science get over their skis and ignore the
01:48:11.780
science to make the most hysterical, politicized case for the policy outcomes they want.
01:48:18.320
Yeah. The seagulls must have been awed by the blanket of humanity, he reported at the Barack
01:48:25.300
Obama inauguration, as opposed to Trump. He wants us to go to hell.
01:48:29.840
Yeah, seagulls are just looking for a straight sandwich they can snatch. You know, that's the
01:48:34.880
seagulls play. They're not awed by anything. That's exactly right. Anybody who's been to the
01:48:39.960
beach, including Jersey Shore, knows that. It's really incredible. And that's why I would submit
01:48:44.760
for the record that Bill Weir's, quote, mistake on Caitlin Collins, which, by the way, she shared
01:48:49.980
in, was no mistake at all. It was an agenda masquerading as journalism, which is why he got
01:48:56.320
humiliated. Charlie Cook, Rich Lowry, love having you guys here. Thank you so much for giving me so
01:49:02.480
much time. Thank you. It was a pleasure to see you guys argue. You have to do it more often.
01:49:09.000
Respectfully debate. But you know what? I've heard Charlie make this point before. That's
01:49:11.940
what's so great about podcasts, right? Like, you can have a full discussion like this. Imagine
01:49:16.760
trying to do this on an hour at Fox News. Charlie, you never could have.
01:49:23.600
All right, guys, and you can hear more wonderful analysis over on The Editor's, a podcast I love and
01:49:29.080
listen to. The only downside to it is they only put it out twice a week. Great to see you guys.
01:49:34.180
Okay, tomorrow we have Gabby Petito's parents are here with me, and then we're going to take a deep
01:49:40.320
dive into things like Snow White and that debacle with our culture panel that went over so big after
01:49:47.880
the Oscars. They're backed by popular demand. Don't miss that. Thanks for listening to The
01:49:55.060
Megyn Kelly Show. No BS, no agenda, and no fear.