00:06:19.960And this is where I say, no, Senator, please tell me what the Ginsburg is.
00:06:25.920Okay, the full Ginsburg, it's a thing.
00:06:29.340It was named for William Ginsburg, who was Monica Lewinsky's lawyer during the scandal against Bill Clinton.
00:06:36.580And he went on all major Sunday morning talk shows.
00:06:40.540He went on this week on ABC, Face the Nation, Meet the Press, and State of the Union on CNN.
00:06:45.660So doing all five is called the full Ginsburg, because he's the first one anyone remembers doing it.
00:06:52.000And it's actually interesting. I went and Googled it just a minute ago, and Wikipedia oddly has a list of everyone who's done the full Ginsburg.
00:07:00.240And it turns out quite a lot of people have done it.
00:07:02.540So it started off with William Ginsburg, then it was Congressman Rick Lazio when he was running for Senate, then it was Dick Cheney, then it was John Edwards when he was running for president, then it was Michael Chertoff when he was Secretary of Homeland Security, then it was Hillary Clinton, then it was Secretary Kathleen Sebelius, then it was Secretary Janet Napolitano, then it was Dr. Richard Besser of the CDC, then it was Bill Clinton,
00:07:23.420then it was George W. Bush, then it was Rajiv Shah, then it was Lieutenant General Ken Keene, then it was Michelle Bachman, then it was Jack Lew, then it was Susan Rice, then it was Timothy Geithner, then it was Jeb Bush, then it was Marco Rubio, then it was Daniel Pfeiffer, then it was John Kerry, then it was Dennis McDonough, then it was Jack Lew, then it was John Kerry, then it was Dennis McDonough, again, he was White House Chief of Staff, then it was Robert Sunwalt, a board member of the National Transportation Safety Board, then it was Paul Ryan, then it was Marco Rubio.
00:07:51.640And you know what I discovered? And the next person to make the list actually was me, which I didn't remember, but I'm looking at this Wikipedia article, and when I ran for president in 2016, apparently I did it February 28th of 2016, which I didn't remember, but I'm one of the ones who's done the full Ginsburg.
00:08:14.460So just to be clear, I got asked if I knew what the Ginsburg was, I didn't know the answer, but you were one of the people on the Ginsburg list, and you forgot it, so we're just full circling that, right?
00:08:26.200Well, and then the last two who've done it have been John Kirby, who was a White House spokesman for Joe Biden, and then on Sunday, Chris Van Hollen, and so I make this point, look, someone does the full Ginsburg, they go on every Sunday show,
00:08:44.060when they really, really want to draw attention to something, when they want to highlight it, when they want to say, hey, this matters, and listen, the Democrat Party as a whole, they're all in on this strategy, the media as a whole, they're all in on this strategy,
00:08:58.780and I got to say, that's just, I think that has a real danger of backfiring on them.
00:09:07.620So let's play part of what he had to say on this visit with a guy that's not only a, not because I say so, multiple courts have said so, government agencies have confirmed it as well, is an MS-13 gang member, which has been declared a terrorist organization,
00:09:25.780and this is part of what he had to say on ABC this week, take a listen.
00:09:31.480As you know, the president himself has been attacking you by pointing out some of the aspects of Abrego Garcia's record, including the fact that his wife had an order of protection against him in 2021,
00:09:44.260and alleged some pretty serious allegations of abuse, and even that he had detained her.
00:09:50.280Are you concerned about your defense of somebody?
00:09:54.880Obviously, everybody in this country, even those undocumented immigrants have rights, but are you concerned about standing so forcefully with somebody that has, you know, at least a questionable record?
00:10:07.520I am not defending the man, I'm defending the rights of this man to due process, and the Trump administration has admitted in court that he was wrongfully detained and wrongfully deported.
00:10:25.700My mission and my purpose is to make sure that we uphold the rule of law, because if we take it away from him, we do jeopardize it for everybody else.
00:10:34.200And I do want to point out, Carl, yes, the Trump administration is trying to change the story, they're trying to detract attention.
00:10:40.600Here's where they should put their facts.
00:11:25.240They didn't see it, and so they missed it.
00:11:27.160And so the state of the law was the federal government could deport him to literally any country on planet Earth except El Salvador.
00:11:36.180But because of that order, you had a court order saying don't send him to El Salvador, and they did so because they didn't see that order until after the fact.
00:11:44.820Now, that also means if he came back, they could literally deport him 10 seconds later to another country.
00:11:50.640Because, listen, if you are here illegally, and in particular if you are a member of a terrorist organization, you don't have a right to remain.
00:12:02.800You know, Jonathan Karl calls him an undocumented alien.
00:12:05.780No, the term under the statute is illegal alien, and they are an illegal alien.
00:12:09.680It's not that they're just, you know, missing some piece of paper.
00:12:13.120It's that they came here illegally, and the administration has the power to remove him.
00:12:18.180I want you to listen to this clip on another part of the Full Ginsburg when he's on CNN and Dana Bash question him.
00:14:13.180I didn't ask him that because I know what his answer is.
00:14:16.020What he told me was he was sad and traumatized that he was being in prison because he has committed no crimes.
00:14:25.000And that goes to the heart of this issue because he's being denied his due process rights.
00:14:30.060And Donald Trump is trying to change the subject.
00:14:34.180And, you know, when people start asking about asking that question, in my view, they're falling into the president's trap because what the president wants to do is talk about that as if we can't all fight gang violence,
00:14:46.160which I've been doing for much longer than Donald Trump.
00:14:57.800And if we deny the constitutional rights of this one man, it threatens the constitutional rights of everybody in America.
00:15:05.560So there's several things that are remarkable in what Van Hollen is doing.
00:15:09.360Number one, it keeps saying Trump is trying to change the subject.
00:15:12.380Now, mind you, that's exactly what Van Hollen is doing.
00:15:15.280I mean, it really is Freudian projection.
00:15:17.580Um, he gets asked about, uh, the restraining order and, and, and, and the evidence that, that, that this illegal alien committed domestic violence and was a wife beater.
00:16:14.280Crossing illegally into the United States is a crime.
00:16:17.340The Democrats want everyone to do that.
00:16:19.880And, and, and even if you're a gang member at, look at, at the very same time that, that the Democrats are embracing, uh, this admitted illegal alien and, and person who's been found by two courts to, to be affiliated with MS-13.
00:16:37.200While they're defending him as a, quote, Maryland man, we had simultaneously the mom of Rachel Morin, who is also a Maryland resident.
00:16:46.340And yet, the senator from Maryland cannot bother to be worried about Rachel Morin, a woman who was raped and murdered, a mom of five kids, raped and murdered by an illegal immigrant that the Democrats released.
00:17:01.200Their priorities are, are, I think, abundantly clear.
00:17:05.540And, and by the way, this PR stunt by Van Hollen, if you want to know who had to pay for it, well, here's his answer on that.
00:17:23.860So that's just, you know, yeah, we waste your money all the time.
00:17:26.620We waste your money on this trip, too.
00:17:28.000Why would that be out of the ordinary?
00:17:30.180It is standard practice for members of both parties to travel abroad, and it's, it's part of doing the job responsibility.
00:17:37.480So I, I don't fault him, uh, for, for traveling to El Salvador.
00:17:41.740I, I fault him for deciding that, that he wants to stake everything he stands for on the proposition that we need more illegal aliens in this country, that the federal government cannot deport illegal aliens, and that we need more gang members in this country.
00:17:57.360And as he lays out, he doesn't care, and he didn't ask if this guy's a gang member, and apparently he didn't care if he also is committing domestic violence and beating up his wife.
00:19:12.300Well, the Supreme Court, early Saturday morning, issued an order blocking the deportation of Venezuelan illegal immigrants under an 18th century law.
00:19:26.400And what it said is that they had to halt the deportations until, quote, further order of this court.
00:19:32.920And I got to say, Justice Alito, joined by Justice Thomas, wrote a very fiery dissent, really disagreeing with it.
00:19:41.900I'm going to read you part of the dissent.
00:19:44.560Here's what Justice Alito and Justice Thomas wrote, quote,
00:19:47.340Although the order does not define the, quote, putative class,
00:20:11.140It appears that the court means all members of the class that the habeas petitioners sought to have certified, namely, quote,
00:20:18.140all noncitizens in custody in the Northern District of Texas who were, are, and will be subject to the March 2025 presidential proclamation
00:20:27.440entitled Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Trender-Aragua and or its implementation.
00:20:36.800It also appears that applicants have recently moved to amend their class petition for habeas corpus and their motion for class certification.
00:20:44.820So it is not clear if the applicants will continue to defend this specific definition or will argue for a new one.
00:20:50.820And although the court does not specify what it means by, quote, the government,
00:20:55.560it appears that term is intended to embrace all the named defendants, including the president.
00:21:01.720The court did all of this, even though it is not clear that the court had jurisdiction.
00:21:08.620The All Rits Act does not provide an independent grant of jurisdiction.
00:21:12.880Therefore, the court had jurisdiction only if the court of appeals had jurisdictions of the applicant's appeal.
00:21:19.400And the court of appeals had jurisdiction only if the supposed order that the applicants appealed amounted to a denial of a preliminary injunction.
00:21:26.900But 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.
00:21:37.680That is, the district court did not actually deny their most recent request for a TRO.
00:21:43.060But they inferred that it was constructively denied because the district court failed to rule on that request
00:21:49.120before the expiration of a truncated, counsel-imposed deadline.
00:21:55.080The denial of a true TRO is not appealable, and here it is not clear that the applicant's TRO request was actually denied.
00:22:03.140Indeed, in an order issued last night, the Fifth Circuit held that it lacked jurisdiction for this reason.
00:22:09.920It is questionable whether the applicant complied with the general obligation to seek emergency injunctive relief in the district court
00:22:16.660before asking for such relief from an appellate court.
00:22:19.440When applicants requested such relief in the district court, they insisted on a ruling within 45 minutes on Good Friday afternoon.
00:22:32.060And when the district court did not act within 133 minutes, they filed a notice of appeal,
00:22:37.360which the district court held deprived it of its jurisdiction.
00:22:40.200Now, a lot of that jurisdictional language seems confusing, but understand what happened.
00:22:46.620They went to the district court and they said,
00:29:04.180And you would write a memo from your justice saying, summarizing the arguments in the appeal and making the recommendation.
00:29:14.520So 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.
00:29:24.600You would then forward it to the other eight chambers, to the other eight chambers.
00:29:29.940So on the night of execution, at least nine of us were there till midnight or 1 or 2 or 3 in the morning.
00:29:36.200And 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.
00:29:47.000They would then get your memo, and they've gotten the appeal as well, so they're reading the appeal at the same time.
00:29:52.760They 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.
00:30:00.160And 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.
00:30:14.320All right, just stay the execution, halt the execution so we can figure this all out.
00:30:19.180And unfortunately, that strategy can work.
00:30:24.840There 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.
00:30:58.160And by the way, don't forget, if you are new to this podcast, is this your first time listening?
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