00:01:24.000Well, the Supreme Court early Saturday morning issued an order blocking the deportation of Venezuelan illegal immigrants under an 18th century law.
00:01:37.420And what it said is that they had to halt the deportations until, quote, further order of this court.
00:01:43.960And I got to say, Justice Alito, joined by Justice Thomas, wrote a very fiery dissent, really disagreeing with it.
00:01:52.920I'm going to read you part of the dissent.
00:01:55.580Here's what Justice Alito and Justice Thomas wrote.
00:01:58.120Quote, shortly after midnight yesterday, the court hastily and prematurely granted unprecedented emergency relief.
00:02:05.900Proceeding under the All Writs Act, the court ordered the, quote, government not to remove a, quote, putative class of detainees until this court issues a superseding order.
00:02:18.760Although the order does not define the, quote, putative class, it appears that the court means all members of the class that the habeas petitioners sought to have certified,
00:02:27.640namely, quote, all noncitizens in custody in the Northern District of Texas who were, are, and will be subject to the March 2025 presidential proclamation entitled
00:02:39.780Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Trender-Aragua and or its implementation.
00:02:48.700It also appears that applicants have recently moved to amend their class petition for habeas corpus and their motion for class certification.
00:02:55.280So it is not clear if the applicants will continue to defend this specific definition or will argue for a new one.
00:03:01.900And although the court does not specify what it means by, quote, the government,
00:03:06.580it appears that term is intended to embrace all the named defendants, including the president.
00:03:13.460The court did all of this, even though it is not clear that the court had jurisdiction.
00:03:19.920The All Writs Act does not provide an independent grant of jurisdiction.
00:03:22.740Therefore, the court had jurisdiction only if the Court of Appeals had jurisdiction of the applicant's appeal.
00:03:30.420And the Court of Appeals had jurisdiction only if the supposed order that the applicants appealed amounted to a denial of a preliminary injunction.
00:03:38.580But here, the order that applicants appealed was what they viewed as the district court's constructive denial of their request for a temporary restraining order.
00:03:47.960That is, the district court did not actually deny their most recent request for a TRO.
00:03:54.060But they inferred that it was constructively denied because the district court failed to rule on that request before the expiration of a truncated, counsel-imposed deadline.
00:04:06.100The denial of a true TRO is not appealable, and here it is not clear that the applicant's TRO request was actually denied.
00:04:14.160Indeed, in an order issued last night, the Fifth Circuit held that it lacked jurisdiction for this reason.
00:04:20.260It is questionable whether the applicant complied with the general obligation to seek emergency injunctive relief in the district court before asking for such relief from an appellate court.
00:04:30.500When applicants requested such relief in the district court, they insisted on a ruling within 45 minutes on Good Friday afternoon.
00:04:43.080And when the district court did not act within 133 minutes, they filed a notice of appeal, which the district court held, deprived it of its jurisdiction.
00:04:52.080Now, a lot of that jurisdictional language seems confusing, but understand what happened.
00:04:57.400They went to the district court and they said, we want an answer within 45 minutes.
00:05:03.200And the court did not respond one way or another in 45 minutes.
00:05:06.840And they immediately appealed and said, oh, they haven't answered. That means you've denied it.
00:05:10.880And the court of appeals ruled that, well, we're not going to act on this.
00:05:17.780And unfortunately, 7-2, the Supreme Court jumped in.
00:05:23.660And in fact, here's how Justice Alito and Justice Thomas end their dissent.
00:05:28.560In sum, literally in the middle of the night, the court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule.
00:05:39.900Without hearing from the opposing party, within eight hours of receiving the application,
00:05:45.700with dubious factual support for its order and without providing any explanation for its order.
00:05:50.660I refused to join the court's order because we had no good reason to think that, under the circumstances,
00:05:56.640issuing the order at midnight was necessary or appropriate.
00:06:00.520Both the executive and the judiciary have an obligation to follow the law.
00:06:05.400The executive must proceed under the terms of our order, and this court should follow established procedures.
00:06:11.860So you look at this, and what is this going to mean moving forward?
00:06:16.280And how big of a roadblock is this going to be for the Trump administration to do what they've said and promised the American people?
00:06:22.480And by the way, the American people voted for, which was, we want to secure the border,
00:06:26.000and we want to get rid of all the illegal immigrants that came into this country, especially those that are violent.
00:06:32.700Well, look, it's not clear how big a challenge it's going to be.
00:06:35.600The most distressing thing about this order was that it was 7-2.
00:07:13.860Somebody on the Democrat side of the aisle has got to know, hey, this is not earning us votes when we say we're the party of illegal aliens and criminals and gang members and wife beaters.
00:07:28.340You don't have to be a rocket scientist when it comes to reading public opinion to know that's not the most popular of issues to stake your entire party platform on.
00:07:41.640But in many ways, they're aiming at a much smaller audience.
00:07:47.540They're hoping to get five justices pissed off.
00:07:51.820And to get them pissed off enough that we see a series of Supreme Court orders against the Trump administration trying to halt these deportations.
00:08:03.540Now, I don't think that's going to happen, but this ruling is troubling, that it was 7-2.
00:08:10.540Alito's dissent, look, Alito was very concerned about this, and the procedural minutiae that he recounts is very unusual.
00:08:22.960And so that dynamic, it is a dangerous process.
00:08:28.560It is right now, there's a little bit of a game of chicken, and I think what the Democrats are trying to do is piss off a couple of Supreme Court justices and get them to rule decisively against the president.
00:08:43.080That would be very unfortunate if that starts to happen.
00:08:46.060Simply, another question real quick before we move on.
00:08:49.060Is part of this, could it just be the quickness that they were asking for the ruling from the court?
00:08:54.420Is that something that you could change moving forward?
00:11:15.200And you would write a memo from your justice saying, summarizing the arguments in the appeal and making the recommendation.
00:11:25.540So for Chief Justice Rehnquist, in virtually every circumstance, if someone was seeking to halt an execution at the last minute, he would recommend that that be denied.
00:11:35.640You would then forward it to the other eight chambers, to the other eight chambers.
00:11:40.900So the night of execution, at least nine of us were there till midnight or 1 or 2 or 3 in the morning.
00:11:47.240And so when you would forward your memo, and a memo in a case like this would be anywhere from two to maybe eight pages, depending on how complicated the issues were.
00:11:58.020They would then get your memo, and they've gotten the appeal as well, so they're reading the appeal at the same time.
00:12:03.800They would then call their justice, wake him or her up at home, and they would cast votes at midnight or 1 or 2 or 3 in the morning.
00:12:11.180And a strategy that is still quite frequent when it comes to death penalty appeals is just throw so much crap at the wall that they're hoping the justices say, I don't know, I can't figure this out this quickly.
00:12:25.360All right, just stay the execution, halt the execution so we can figure this all out.
00:12:30.200And unfortunately, that strategy can work.
00:12:35.880There may have been some of that, that this was being done over Easter weekend very quickly, and it may be that the justices wanted to say, hold on a second, we want to understand what's going on here.
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00:13:44.360Now on to story number two, which, by the way, also brings us to another issue real quick.
00:13:49.720And that is, I still can't believe this.
00:13:53.100There's a guy that went viral, a Minnesota state employee who apparently caused about 20,000 or over 20,000 damages to Tesla's.
00:14:04.360I'm going to say that, make it clear, plural, not one, but multiple.
00:14:08.300It has now led to a woke liberal district attorney saying, nah, we don't really want to hold this guy accountable.
00:14:16.740Let's keep the lawlessness up as long as it's against conservatives and Elon Musk and Tesla owners.
00:14:36.100And he was allegedly spotted keying multiple Tesla vehicles, stripping their paint off while walking his dog around the city.
00:14:45.200And he caused over $20,000 in damage, vandalizing half a dozen Tesla.
00:14:51.600So he was doing this over and over and over again.
00:14:53.500And by the way, if this guy did this, he's dumb as a stump because Teslas all have cameras on them that video the person, any person who walks up to them.
00:15:04.600So he's doing it on camera because leftists, number one, they're utter hypocrites.
00:15:10.220So their claim to care about the Green New Deal are complete lies because they've decided now to attack electric cars.
00:18:21.580And now the left-wing DAs are saying, hey, you vandalized cars and we decide we don't like the person who owns the company that built the car.
00:19:49.900The Democrats can't say that because they support, they refuse to condemn the violence against their political opponents because it is part of their ideology.
00:19:59.420And we saw that tragically during the Black Lives Matter and Antifa riots across the country where Kamala Harris most strikingly raised money to bail out of jail radical Antifa terrorists who committed crimes of violence in Minneapolis.
00:20:16.540Same city, because the Democrat Party is a party that supports violence in pursuit of their remaining in power.
00:20:24.900As before, if you want to hear the rest of this conversation on this topic, you can go back and download the podcast from earlier this week to hear the entire thing.
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