Once again, California has descended into chaos. We're seeing cars lit on fire, protesters waving Mexican flags, and defying law enforcement. And amazingly, we're seeing a parade of Democrats all lining up to say, we the Democrats, we re with the rioters. That's the side we're on.
00:04:50.980We heard earlier that Karen Bass, the mayor of L.A., an allegation that she had prevented the LAPD from responding yesterday when he was our first developing guy for upwards of two hours or more.
00:05:02.620Well, the officials in this part of the country, in Los Angeles and California, are too busy tripping over themselves to attack Donald Trump and law enforcement.
00:05:12.520I guess those are the cops back there to actually condemn these people doing these things.
00:05:17.480And in the intro, Alicia, you said these are anti-ICE protesters.
00:05:22.700But if you just squint, it could easily be the BLM protesters or the Free Palestine protesters or the Resist Doge protesters or the Resist ICE, in this case, protesters.
00:05:32.380It is this dirtbag coalition of leftist, violent, so-called protests that has been a huge problem in this country for years.
00:05:49.740It's over the ICE officials who are out there.
00:05:52.420Let me give you five names where we're not hearing a lot from right now, except to attack these ICE officials, which is leading to attacks like this.
00:06:15.980This is war right now that we're seeing in terms of our federal agents being attacked and California officials doing nothing to stop it.
00:06:23.020Now, it's going to be an incredibly bad look in the next 24 to 48 hours if you don't get the governor out there, if you don't get someone out there, to at least get people to stop.
00:06:32.740Because right now you have city leaders encouraging people to join the resistance.
00:06:38.460You have city leaders, let's just pick it up there, encouraging people to go out there and do this.
00:07:06.680Let's start waving the American flag around while we're lighting the Eiffel Tower on fire.
00:07:11.240And let's say, don't you dare send us back to America, the flag we're flying, because you have no right to decide if we get to come into your country illegally.
00:08:58.880And I got to say, it's striking also the video that they don't show anything on fire there.
00:09:03.040They've learned the lesson where during during the Antifa and Black Lives Matter riots where they literally put on, if you don't remember this, they had a video of an entire store on fire.
00:32:26.420Being the president of the United States of America, there's a lot of if it's being put in front of you, it probably deserves a signature if it's making it to be in front of you.
00:33:09.520And we send out millions of letters in response.
00:33:13.240And so you could spend literally every waking moment doing nothing but signing that correspondence.
00:33:18.200And so what you do instead, every congressional office has a correspondence office where for a given topic, if you ask me about illegal immigration, we have a letter in the office where that lays out your plans, my views on illegal immigration.
00:33:32.820And they're the policy team helps draft those and they get approved.
00:33:36.840You know, I suspect we'll have a letter shortly on on these these L.A. riots and what's happening there.
00:33:42.360Whatever the topics are that people are writing in on, a congressional office will prepare a letter that's response responsive to it.
00:34:25.100So on the same day, Joe Biden pardoned Anthony Fauci.
00:34:28.880He pardoned General Milley, former chairman of the Joint Chiefs of Staff, and then he pardoned every member of the January 6th commission.
00:34:38.920So he pardoned Benny Thompson and Liz Cheney and Zoe Lofgrim and Adam Schiff and Pete Aguilar, Stephanie Murphy and Jamie Raskin and Elaine Loria and Adam Kinzinger.
00:34:48.920And by the way, they were they were begging for these pardons.
00:34:53.880It's being reported now that that the one pardon that that Biden signed personally was his son, Hunter, Hunter Biden's part, but that all of the rest of these pardons were auto pens.
00:35:08.680And here's what President Trump tweeted out.
00:35:11.940He said, quote, the pardons that Sleepy Joe gave to the unselect committee of political thugs and many others.
00:35:18.100I got to say I love nobody writes like Donald Trump.
00:36:36.680I think it is entirely possible that we will see the Department of Justice prosecute someone who has received one of these auto pen pardons.
00:36:47.400If they prosecute someone, it's going to be someone for whom there is clear evidence of a federal criminal violation.
00:36:55.760But also it will be someone who there is evidence that Biden didn't know about it.
00:37:04.220So they would have to bring to do that.
00:37:06.040They would have to bring evidence he didn't know about it.
00:37:07.900And then does that kick off the big grand debate and the investigation because you bring those charges to say, OK, let's see if you can prove that he did know about it.
00:37:17.200So so look, if if DOJ brought an indictment against someone that Biden had pardoned using an auto pen, the defense lawyer would almost immediately seek to get the indictment dismissed because of the pardon.
00:38:26.840So, actually, in 2005, the U.S. Department of Justice, the Office of Legal Counsel, they issued a formal opinion whether the president may sign a bill by directing that his signature be affixed to it.
00:38:38.060And the summary of the conclusion was the president need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law.
00:38:51.320Rather, the president may sign a bill within the meaning of Article 1, Section 7, by directing a subordinate to affix the president's signature to such bill, for example, by auto pen.
00:39:02.720And here, the statutory language is, or rather the constitutional language is more explicit.
00:39:09.660So, here's what Article 1, Section 7 says.
00:39:12.600Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the president of the United States.
00:39:37.780That's why bill signings are such a big deal.
00:39:39.480Now, what the Department of Justice concluded, and this is a lengthy opinion, is the settled understanding of the meaning of sign.
00:39:49.640An individual can sign a document by directing that his signature be affixed to it by another.
00:39:55.520And so, they conclude this settled understanding of the meaning of sign leads us to conclude that Article 1, Section 7 permits the president to sign a bill by directing a subordinate to affix the president's signature to it.
00:40:07.700Now, I've got to say, as a legal matter, I think there's a strong case to be made that that is accurate, that you can authorize someone to sign a binding legal document for you if you're the decision maker.
00:40:21.600And you say, hey, I'm on a plane is a great example, national emergency, worst case scenario.
00:40:26.120And you say, sign that right now to do what X, Y, or Z.
00:40:29.140And let me give you an example I have personal experience with.
00:40:32.720So, as you know, when I came out of law school, I was a law clerk for Chief Justice William Rehnquist on the U.S. Supreme Court.
00:40:40.280And every time there is an execution in this country, almost without fail, there are emergency appeals that go to the Supreme Court.
00:40:50.500And they often will go and be concluded at midnight or 1 or 2 or 3 in the morning because typically the death warrant is carried out right before midnight.
00:41:01.820And so, the appeals are filed last minute.
00:41:03.900And so, when that happens, there is a law clerk from every justice that remains at the court until the matter is resolved.
00:41:11.820And the chief justice had jurisdiction over the D.C. Circuit, but also the Fourth Circuit, which covers a number of states that have capital punishment.
00:41:21.660And so, when the execution occurs in the circuit that your justice is the lead for, the justices will vote.
00:41:30.260They do it by phone, so you will read the emergency appeals, you'll summarize the emergency appeals, you'll call your justice, wake him or her up, explain the issues, and then the justices will vote.
00:41:41.180But at the end of the process, the very last thing that happens in the process is there is a form that is sent to the prison.
00:41:50.840And there were multiple, essentially, death warrants that I signed, and I would sign them, WHR slash TC.
00:42:04.160So, I'm signing for the chief justice slash TC because the chief was home in bed, so he was not physically signing it.
00:42:11.500But because I had authorization to sign it, you'd literally put it on then a fax machine.
00:42:16.040And at the prison, they'd pull it off the fax machine, and that signature that I had signed for the chief justice was sufficient to carry out an execution.
00:42:25.360The TC at the end, is that just to clarify that you did it on behalf?
00:42:29.880And you see that sometimes secretaries, when they sign for someone, will do the same thing and put the slash to say who is signing it.
00:42:37.340But what I would say, the critical question in terms of a law, look, there will be an argument that the word sign in the Constitution means sign.
00:42:47.860And so, it's not a frivolous argument that the auto pen can't do it in any circumstance, and I would expect that potentially to be made.
00:43:20.260And so, I fully expect there to be litigation questioning, looking for a statute where there is not clear indication that Biden was aware of it, that he made a decision to sign it, but rather that simply you had a White House staffer say, okay, this is our policy, let's sign it.
00:43:42.580And if that's the case, I think there's, if the president did not direct that his signature be affixed to it, I think there's a real argument that is not a law.
00:43:52.260That is not validly in the United States Code.
00:44:08.720That's different from making the decision, I am going to sign this law right now.
00:44:17.100Look, there are all sorts of laws that you can say you support, but the legislative process is like sausage baking.
00:44:22.860You don't even know what's in the thing until it passes.
00:44:25.620And so, finding early statements from Biden that I support such and such policy is not enough.
00:44:31.700I expect the question to be, and by the way, you don't have to wait for litigation because Donald Trump has access to all of the White House records that will show, did Biden make those decisions?
00:44:47.500That's why ordering that investigation is so strong, because if they find a law that there is no record of Joe Biden saying, I want to sign this and I am directing you to sign this, then I think there's a real argument that law is not validly enacted.
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