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00:15:06.960Canadian women are looking for more, more out of themselves, their businesses, their elected leaders, and the world around them.
00:15:14.000And that's why we're thrilled to introduce the Honest Talk Podcast.
00:16:11.960What does the Constitution say about this?
00:16:14.740Because there's a lot of people that have been arguing over it.
00:16:17.500I want to know, does the state of Texas have the right to defend itself?
00:16:21.040If the federal government especially is not doing their job, and their job is to protect the border, right?
00:16:27.220Not just the border for Texas, but every state in the country, and they're not doing that right now.
00:16:32.960So when you look at this war, who's right and who's wrong, and what do our founders think about this?
00:16:39.500Well, the text of the Constitution, and in particular the constitutional provision that is being discussed, is Article I, Section 10, Clause 3.
00:20:01.200What has happened here under Joe Biden, and we've never seen a president do this.
00:20:05.860In over 200 years of our nation's history, there's never been a president that utterly and completely defies U.S. law and lets people go by massive numbers.
00:20:16.640So, for example, there's an authority under federal immigration law called Parole Authority, which is you can release people in limited and special circumstances.
00:20:25.720Under Obama, he would parole roughly 5,000 illegal immigrants a year.
00:20:30.720Under Trump, it was a comparable number.
00:20:32.360So it took – they were extraordinary circumstances.
00:20:52.960They're laying – Constantine wire, they're laying basically really jagged razor wire all along the border.
00:21:01.520And, in fact, here, let's look at some of the video of what they're laying and also understand the Biden administration is actively suing them, is actively attacking them, is trying to tear down the wire to let cartels in and to let the invasion occur.
00:21:19.780Take a look at the governor of Texas talking about this.
00:21:24.100That would be a boneheaded move on his part, a total disaster.
00:21:27.660But, for one, as you might imagine, we are prepared in the event that that unlikely event does occur to make sure that we will be able to continue exactly what we've been doing over the past month.
00:21:38.960And that is building these barriers, whether it be the Constantine wire or other anti-climb border barriers, whatever we've been building, the Biden administration is now trying to attack us because of it.
00:21:51.500And we will continue to do exactly what we're doing to expand our denial of illegal entry into the state of Texas.
00:21:59.160You listened to the governor there, and I had an interesting debate this week with a liberal on TV who said Texas is totally wrong.
00:22:07.440They cannot say that they're being invaded because to say you're invaded, they have to wear a uniform of an official country that's invading you, a.k.a. military.
00:22:53.560The Biden administration wants to tear it down.
00:22:56.040Texas filed a lawsuit against the Biden administration saying you can't tear it down.
00:23:00.440What happened is the Biden administration won in federal district court.
00:23:05.360Texas appealed to the Fifth Circuit, the federal court of appeals.
00:23:08.100Texas won in the Fifth Circuit, and what they got was an injunction, which is an order from the Fifth Circuit against the federal government tearing down the concertina wire.
00:23:19.400The United States appealed that injunction to the Supreme Court, and unfortunately, the Supreme Court 5-4 ruled in favor of the Biden administration.
00:23:31.440And that ruling, I want to be clear, because we talked about this in a previous pod, and I want to make sure everybody that's watching this understands this.
00:23:36.980It was 5-4, but it didn't say you had to take down the razor wire either.
00:23:40.900Explain that for people that may have missed that.
00:23:42.460So it's important to understand, number one, a ton of Democrats, a ton of reporters, a ton of leftists are saying Texas is defying the Supreme Court, is defying a Supreme Court order.
00:23:55.380There is no order that impacts Texas in any way, shape, or form concerning this.
00:24:01.500This was a lawsuit by Texas against the United States.
00:24:05.080There had been an order against the Biden administration.
00:24:08.720The Supreme Court took away the order against the Biden administration.
00:24:13.480So where things stand right now, if Joe Biden orders the federal government to go tear down the wire, the federal government will not be violating an injunction.
00:24:24.360Now, the court didn't say the federal government has to tear down the wire.
00:24:27.620Court didn't say the federal government should tear down the wire.
00:24:30.200The court also didn't say that Texas couldn't lay more wire.
00:27:04.740John Roberts and federal judges generally, particularly ones that are in D.C. that are on the Supreme Court, they tend to be creatures of Washington.
00:27:13.120They tend to have a general predilection that they side with the feds against the states.
00:27:20.040Let's actually have some analysis from Jonathan Turley.
00:27:22.680He's a constitutional law professor, someone I know and respect.
00:27:25.480Here's what Professor Turley had to say.
00:27:26.960Well, I certainly agree with the governor that this is a violation of the understanding between the federal government and the states.
00:27:36.240The language in Article 1, Section 10, really deals with that agreement that we made with the states and the federal government
00:27:47.100to move from the Articles of Confederation to a constitutional system with a strong federal government.
00:27:53.560I don't think anyone can honestly look at the southern border and say that the federal government has fulfilled its pledge.
00:28:01.200This is an unprecedented crisis brought about, I believe, by President Biden's policies.
00:28:08.600The problem is that federal courts are unlikely to agree that this is the invasion referenced in the Constitution.
00:28:16.820There's also a reference to imminent danger.
00:28:20.220And certainly looking at hundreds of thousands of people crossing an effectively open border presents an imminent danger.
00:28:28.160But the courts are likely to define that in the context of that provision, in the context of an invasion as with a foreign state.
00:28:37.840So I think Texas is going to have a hard time making that constitutional argument in court.
00:28:43.660I have to ask about the imminent danger part, specifically the fact that we know that people on the terrorist watch list have been coming across the open southern border.
00:28:52.580We had more that were caught last year that were on the terrorist watch list in the last five years before that combined.
00:28:58.860There's no reason to believe that number is not going to be up even higher this year based on the number that are coming across the border.
00:29:04.460Is that one of the arguments that Texas would make, obviously, right away?
00:29:08.600Absolutely. So take a look at this tweet from Fox News.
00:29:11.580So this is from Bill Malugian, who is the best reporter on the border across the country.
00:29:17.020And by the way, every other fake news entity ought to ask, why don't they have a Bill Malugian?
00:29:21.800Why don't they have someone reporting on the facts?
00:29:23.660Because he reports on it. There's no one on CNN that does this.
00:29:26.400No one at MSNBC, ABC, CBS, NBC, Washington Post, New York Times.
00:29:30.360Not a one of them has a Bill Malugian.
00:29:32.160He's doing heroic work. Here's what Bill Malugian reports.
00:29:35.380Breaking. In a Friday news dump, by the way, that's what the Biden administration does.
00:29:39.540It dumps all of its bad news on Friday.
00:29:41.240In a Friday news dump, CBP officially reports 302,034 migrant encounters in December, the highest month ever recorded.
00:29:52.960And traditionally, December is not your highest month of the year, has not been.
00:29:56.060But people are rushing the border because they realize, go, it's open, hurry up.
00:30:02.340CBP also reports Border Patrol arrested 19 people on the FBI terror watch list in December.
00:30:10.240In one month, bringing the total to 50 arrests for fiscal year 2024, which started in October so far.
00:30:19.240The 19, when you see that, Senator, you get briefings on different things in national security.
00:30:23.700That is an alarming number that we caught because that doesn't count the ones, the gotaways.
00:30:28.260And we had record gotaways in December as well.
00:30:30.320So understand, under Trump, the number of people on the terror watch list apprehended in an entire year were in the single digits.
00:30:36.340They were like zero, two in an entire year.
00:30:57.580So I will say when the case is at the Fifth Circuit, when it gets to the Supreme Court, the argument is going to have to be that what is happening at the border right now is qualitatively different than just ordinary illegal immigration.
00:31:11.720It's not that the federal government is doing a bad job, doing a negligent job, is ineffective.
00:31:19.920Any case like that would be likely to fail.
00:31:22.240It is in this instance the Biden administration is actively complicit in an invasion of 10 million people into this country.
00:31:29.620That is a staggering number, including at a time the Border Patrol is telling us they're extremely worried about Hamas and Hezbollah terrorists coming in to carry out a terror act.
00:31:40.860And not just that, they warned of an attack that could very much resemble what happened against the Israeli people.
00:31:46.900So they're not just saying it's like a lone wolf style attack.
00:31:49.940They're saying an orchestrated, a well-planned, well-orchestrated attack in the United States of America that could very much mimic what we just witnessed and saw in Israel.
00:31:58.020And understand that Joe Biden, by the way, just about every Washington Democrat, are on the side of the human traffickers, are on the side of the terrorists coming in.
00:32:06.900That this suit, so look, there are aspects of this lawsuit.
00:32:11.080The Biden administration frames it as Texas is preventing the ability of Border Patrol agents to access the border.
00:32:17.860And there's a federal statute that says that agents can't access the border.
00:32:21.760And I will say, if the question is framed, can Texas officials physically stop, block, arrest a federal official from going to the border, Texas will lose that question.
00:32:35.140Can you forcibly stop a Border Patrol agent from accessing the border?
00:32:39.320I think the answer to that would be no.
00:32:40.780So the next question everybody's going to ask is this then.
00:32:45.060Can Texas stop a Customs and Border Patrol agent who is cutting down the barbed wire and allowing people to come into the country illegally?
00:32:52.460Well, and understand, it's not that the Border Patrol agent, the statute saying to access the border, is written in the context of apprehending illegal immigrants.
00:33:02.520The Biden administration doesn't want to apprehend illegal immigrants.
00:33:05.100They want illegal immigrants to come in.
00:33:06.920When they cut it, they're asking for them to come in.
00:33:51.840The state of Texas has constructed this.
00:33:53.680And it's one thing if a Border Patrol agent says, hey, I need to get to that river.
00:33:58.160I think if it were framed that narrowly, the federal courts are going to side with the ability of the federal government to get to the border.
00:34:05.240But this is the question of does the federal government have the authority to just destroy miles and miles of wire barrier put up by the state of Texas in order to stop an invasion?
00:34:20.080And I think that's a very different question.
00:34:22.820I hope when it gets to the merits that the Supreme Court resolves it differently.
00:34:30.020Now, there are also really untested questions of constitutional law.
00:34:36.000There are potentials of direct confrontation between state officials and federal officials that could get really messy.
00:34:42.580There's also a dynamic that Biden is getting so extreme, he's facing what is potentially a revolt within the federal government.
00:34:50.740By the way, the word they used this week on TV was insurrection.
00:34:53.960And Griff Jenkins, Fox News, put out this tweet talking about what you were just mentioning.
00:34:58.080Take a look at this, guys, because this is a very interesting scenario here.
00:35:01.860It says a senior CBP official tells Fox the relationship between Border Patrol, Texas DPS and the TMD remains strong.
00:35:10.460Bottom line, Border Patrol has no plans to remove infrastructure, seawire placed by Texas along the border.
00:35:24.740But if you have federal government officials that aren't listening to the, quote, orders of the Biden administration and saying we're not going to do this, what does that mean?
00:35:33.900Well, look, and mind you, the same people who are saying this are the Democrats, elected Democrats and the lefties in the press who praised, for example, people in the military under Trump who they said, well, they won't follow his orders.
00:36:06.000And it is, look, at some level, if you have a president who is so utterly out of touch that he wages war on the law, that he's defying the law, that he is instructing him, go destroy, use my example, go bomb the walls.
00:36:32.460And, look, our system, we are pushing to the edges of a constitutional crisis because we have a president who is so utterly lawless that he puts his partisan political agenda above the rule of law, above federal immigration law, above the Constitution, above people's welfare, above protecting the lives of Texans.
00:36:57.700And it is all politics all the time with the Biden White House.
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