10-7-25 - 9am - Stand in the Schoolhouse Door and Kilmar Abrego Garcia

Episode Transcript

Speaker 1 (00:00):
Mike, I was wondering if you could touch on how
many lawsuits have been filed against the Trump administration, if
it's unprecedented, and what would be say, the difference between
the Trump administration and some other administration as far as
the lawsuits against them and have they prevailed.

Speaker 4 (00:21):
I'm just curious, thank you.

Speaker 2 (00:25):
What is it is this like call in like name
that tune request you know, is this the all request line?

Speaker 3 (00:33):
Word for me, Michael Gee, I would simple answer this,
all of the lawsuits? How many have have they filed?
All of them? And their response would be the Democrats said, well,
if you would stop breaking the law, we wouldn't have
to put it in all these lawsuits.

Speaker 4 (00:49):
There you go. Actually, actually.

Speaker 2 (00:56):
In that last hour, I got to think, because I
mentioned how this is lawfair, well, that gave me an
idea that I.

Speaker 4 (01:04):
Wrote down about let's analyze the lawfare.

Speaker 2 (01:08):
And I hadn't thought about it in just raw numbers,
but I was thinking about it in terms of how
it's affected him politically and what he's been able to
do and it lost opportunity.

Speaker 4 (01:19):
What have been the opportunity costs of all the lawfare?

Speaker 2 (01:22):
But I'll add that to my notes and see if
I can't come up with something, but it ain't going
to happen today. We're in the last howur and I
gotta talk. I gotta go back to Alabama because I
got I got some info back. So Kennedy indeed did
use National Guard troops to enforce the desegregation laws in Alabama.

(01:43):
It was nineteen sixty three University of Alabama, the desegregation crisis.
It was known as the stand in the schoolhouse door incident.
That's where Governor Wallace, George Wallace physically blocked the entry
at two black students alone and James Hood. That was
his seminal protest against desegregation. So Kennedy issued Executive Order.

Speaker 4 (02:11):
Eleven one eleven one one one.

Speaker 2 (02:17):
That executive order federalize the Alabama National Guard. The executive
order placed the National Guard under federal control. Commanding Guard
General Henry Graham was ordered to enforce the court ordered
desegregation and to refit to physically remove George Wallace from

(02:41):
the doorway, which the National Guard did. Now, they didn't
pick him up, you know, picking him up under the
shoulders and by his legs and haul him down the steps,
but they did move him aside They then ensured the
students safe registered, they prevented interference with the federal court orders,

(03:03):
and boom, it was done. But here's what I wanted
Lexis Nexus to explain to me under what authority did
he do that? He did it under Title ten again,
but then it was Section three thirty four, Section three
thirty four.

Speaker 4 (03:19):
As it was as it stood in nineteen at that time.

Speaker 2 (03:23):
In nineteen sixty three allowed the pre gave the president
discretion to federalize. Does this unfamiliar to federalized national guard
forces to enforce federal laws and court orders? So Kennedy
signed the executive Order eleven one eleven, but he also

(03:45):
issued proclamations that ordered Governor Wallace and others to cease
unlawful obstruction of justice in compliance with federal desegregation mandates.

Speaker 4 (03:59):
So it was basically.

Speaker 2 (04:01):
A proclamation from the President that you are obstructing obstructing justice,
you're violating federal law, and we'll arrest you if you
don't back down. That's what we're going to do.

Speaker 4 (04:19):
Ken.

Speaker 2 (04:20):
Now, I just want you to think about I know,
nineteen sixty three is a long time ago. Kennedy icon
of the Democrat Party, probably a Republican today.

Speaker 4 (04:32):
Well, let's take today's republican.

Speaker 2 (04:35):
Can you imagine him issuing a proclamation to Governor Kotak
of Oregon or Gavin Newsom a potential Well, he won't
be can't be a potential opponent because Trump can't run
again despite Trump twenty twenty eight. Hats that's just trolling.

Speaker 4 (04:55):
Can you imagine Trump issuing a proclamation that said, you.

Speaker 2 (05:02):
Do as I say, and you help me protect these
federal facilities, and you helped me enforce federal immigration law,
and if you don't, I'm going to have you arrested.
The meat the cabal would explode like an autonomic It'd
be the big mushroom cloud. It'd be all over We
would all be suffering in the debris of the cabal's

(05:25):
heads exploding and all that debris and detris just following
all over us. So, after the federal action and the
removal of Wallas from blocking the entrance, the students successfully
enrolled at the University of Alabama. Kennedy then did a
national address framing the civil rights issue as a moral

(05:46):
as well as a legal crisis, and then he submitted
the civil Rights legislation to Congress. So he federalized the
Alabama National Guard through executive order. They removed Wallace, who
physically blocked the black students. The legal basis was under
ten USC. Section three three four. That action upheld federal

(06:07):
court rulings mandating the segregations, so he had that bind him. Also,
he combined military support with federal marshals also to enforce
the law and protect civil rights. You might ask, well,
wait a minute, you've been telling us about Title ten,
section twelve four oh six. Why didn't Kennedy use that?

(06:29):
Or why doesn't Trump use Title ten section three three
four Because in the intervening time frame, nineteen sixty three
is a long time ago. They've changed it in Title ten,
section three three four now has to do with payments
and reimbursements. It's kind of an accounting and expense section,
and everything's been moved over to Title ten, section twelve

(06:51):
four to oh six. Interestingly, I got this commentary. President
Trump has invoked authority and the Insurrection Act or related
provisions for deploying National Guard troops and federal forces in
some immigration related operations, but not citing ten section three

(07:13):
three four because that section is now unrelated to federalizing
the National Guard. President Trump has used other federal statutes
and executive vorders, including Title ten, Section twelve four h six,
and has also declared national emergencies under statutes allowing some
military involvement governors. This is the commentary about the query.

(07:43):
The query that I made to Lexus nexus. Governors control
their respective national guards, unless federalized states may resist such
federalization if they oppose particular policies. But there are constant
dual statutory limits to using the military for law enforcement,

(08:04):
including immigration enforcement, though those limits can be overridden in
certain cases with presidential proclamations and legislation. And he goes
on to site the Insurrection Act, which of course I
know about because that's what I wanted to invoke during Katrina,
because obviously the Nortons police Department had completely collapsed, totally ineffective.

(08:27):
We had little homegrown militias running around, operating on their own,
enforcing what they thought was the street law, stopping what
they thought were looters, and so I wanted to invoke
the Insurrection Act. Bush was within minutes of signing a
proclamation invoking the Insurrection Act. We looked at the politics

(08:52):
of it. How do we invoke the Insurrection Act for
Louisiana when the natural disaster has been declared for multiple states,
including next door Alabama and Mississippi, and to some degree Florida,
originally parts of Texas and then Tennessee, kentuckting other areas Georgia,

(09:14):
South Carolina, North Carolin, et cetera. And we came to
this conclusion because we don't have the law enforcement problem
in those other states that we had in Louisiana, and
so in conversations with the Department of Justice and White
House Council, we decided that the Insurrection Act was lawfully

(09:35):
going to be used in Louisiana. And we explained all
of that to Bush. Bush was ready to do it.
All this was taking place on Air Force One and
Mayor Nagan is taking a shower and using the presidents
I mean, I can't believe the President lett him do it,
but let he let Ray Nagan use the presidential quarters
in Air Force one to shower and clean up and

(09:55):
change clothes and blah blah blah blah. Probably the kind
thing to do, but I probably wouldn't have done it.
But then I was the one dealing with all the crap.
So the law is not changed regarding Title ten, Section
three three four. It just doesn't relate to federalization powers anymore.
That's all been moved to Section twelve four h six.

(10:17):
But he could use the Insurrection Act to do so.
Kennedy actually used the Insurrection Act's provision, including the version
of section three three four at that time, as his
legal authority to federalize the National Guard and remove Governor

(10:38):
Wallace's obstruction to enforce the desegregation orders.

Speaker 4 (10:42):
The law authorized.

Speaker 2 (10:44):
Still does presidential intervention in state matters when states refused
to comply with federal law, especially in this regard upholding
civil rights. Let's see, that's enough of that. Let me
move on to what I wanted to move on to

(11:04):
for the salary anyway. But interesting, I think I didn't
make this queer. I should have tightened my query up
a little bit to find out whether or not. Now
it does say that Governor Wallace objected, but it doesn't
give me any details about the form of that objection.

(11:28):
Did he try to intervene and prevent the federalization. Did
he just say, hey, I don't want this to happen.
He obviously didn't run to the courthouse, and which shows
how much things have changed in nineteen sixty three. Hey,
I objected, I don't want you to do this, but
they recognize the authority of the president of federalize. And

(11:51):
while Section twelve four oh six does say with the
states approve of the governors of the state's approval, if
Wallace had objected, I still don't find anything that would
have prevented Kennedy or in this case, Trump from going
to any other state. He could have just put out

(12:12):
a bat signal, Hey, I need some National Guard troops.
Any but any other state got some available that I
could use to go enforce immigration law. In probably every
state that's not a sanctuary state probably would have raised
their hand. Any Republican governor would have raised their hand
and said, hey, where for it, let's go. But I digress.

(12:32):
Let's move because I don't know if I can finish
this in the hour or not.

Speaker 4 (12:38):
But do you know.

Speaker 2 (12:40):
Abrego Garcia, remember him? He was just a nice Maryland
dad that you know, was just transporting, you know, a
bunch of females that couldn't speak English from one place
to another, traveling through Kentucky or Tennessee, whatever it was.
Do you know how many judges have now heard his case.
The Maryland man has probably received more due process than

(13:03):
any American in the history of this country, because more
than twenty judges have heard some aspect of his case.
So his case is not a case of injustice. It's
probably more a case of excess justice. Six years now,
we've been dealing with this one guy who did enter

(13:27):
the United States illegally, who did assault his wife, and
who did work with no members of the MS thirteen game.
His immigration and criminal cases have touched at least twenty judges.
Has gone through almost every wrong that I can find
of the judiciary. It has drawn in senators, non government organizations,

(13:50):
activist lawyers, all excuse me, all trying to expand the
idea of due process until it means never ending process.
If you step back and think about Garcia, this was
a straightforward deportation case with an order of removal that

(14:15):
somehow we allowed to metastasize into a symbol of how
the left uses the courts to obstruct immigration enforcement and
to punish a conservative administration that dares to act and
actually enforce the law. I can't find any legitimate dispute

(14:36):
to the facts that matter the most. Oh there's some
minor disputes about you know, did he really how badly
did he assault your wife?

Speaker 4 (14:43):
Really? Did you hit her once?

Speaker 2 (14:45):
You? Did you hit her ten times? Does it really
make any difference? Did you give her one black eye
or two black eyes? Does it really make any difference.
Let's start with the basics. He entered the country illegally,
he admitted to abusing his wife. Federal prosecutors, state cops,
and multiple immigration judges concluded that he did work with

(15:07):
human and drug traffickers that were affiliated and a part
of MS thirteen. Remember yesterday we talked about the group
one and Group two about people that had temporary protective status. Well,
he was granted temporary protection from deportation in twenty nineteen,
and then he violated the conditions of that temporary protected status.

(15:31):
So the Trump administration indeed rightly attempted to deport him
under an order that should have been final, shouldn't have
therever been questioned. But activist judges, just like we saw
in Oregon and we see in California, appointed by Obama
and Biden, stepped in and repeatedly blocked his removal and

(15:53):
granted him hearings, granted him stays issued in junctions that
have kept him in the country for years beyond what
he should have been here all starting in twenty nineteen.
Let's just go back to the basis. In twenty nineteen,
an immigration judge, David Jones denied his asylum request but

(16:18):
granted withholding of removal, which allowed him to remain temporarily
in the US. That was one hearing, and since then
Garcian has had at least fifteen more hearings in various
federal courts and at least five appellate courts. He has
appeared before an immigration judge, a magistrate, multiple trial judges,
district court judges, and a pellate panel, and even the

(16:40):
US Supreme Court.

Speaker 4 (16:41):
Nine justices, three.

Speaker 2 (16:43):
Appellate judges, two federal district judges, one magistrate, and multiple
immigration judges have all ruled in some aspects of this case.
More than twenty judges. In all, he has occupied more
judicial time than hundreds of lawful immigrants simply trying to
seek their own naturalization.

Speaker 4 (17:02):
In this citizenship it was nineteen fifty seven.

Speaker 2 (17:09):
I wasn't higher active editor National Guard in Little Rock, Arkansas,
along with the hunter and first airborn.

Speaker 4 (17:18):
Drives me nuts. That was it? That was it? Tell
me more? We want to know more, don't you?

Speaker 2 (17:27):
People get at it when you leave talkbacks like that,
you leave us hanging like we went okay, and so
what did you do?

Speaker 4 (17:31):
You know what happened? Ugh?

Speaker 3 (17:34):
I mean that was barely even ten seconds. You still
have twenty more to go, twenty more seconds?

Speaker 4 (17:41):
You know what's funny about that?

Speaker 2 (17:43):
So to I'm not picking on you, but I remember
my very first speech class in junior high supposed to
give a thirty second or a one minute talk on something.
Most people couldn't go beyond ten second, right, yeah, because
ten seconds was just like that was an e turning

(18:03):
on Mike. But I'm gonna say, for ten seconds.

Speaker 4 (18:05):
It feels like forever, forever, forever.

Speaker 2 (18:08):
Get twenty more seconds, which I know seems like like
twenty more days. You could have given us twenty more
seconds of information and then you could have left another one.
There's no liminal the numbers you can leave, right, because
we would just ignore them if there were a chain.
And because you don't, you get a transcript you can.

Speaker 4 (18:26):
Look at I can.

Speaker 3 (18:27):
Yeah, it depends on how clear the speaker is in
the top right, yes, right, So.

Speaker 2 (18:31):
You could you could have told a nice story, but
you failed. You utterly failed in your job as a goober.
Write that number down because that either demerits or a suspend,
a temporary suspense.

Speaker 3 (18:42):
Oh it sounds like we might have an opening here soon.

Speaker 2 (18:44):
Huh wait, well we could have unless we get more
details about you know, and he sounded just old enough
that he was probably you know, a healthy, you know,
virile young man during all of that, and who knows,
he may have been up there pushing George Wallace off
the edge. We might have the goober that actually said
to George Wallace back off buco. I want to know that.

(19:06):
Good grief. You people just are so disappointing. Ye'll live
up to the dragon Redbeard standard. I want to make
something perfectly clear. I don't do Richard Nixon, but I
want to make something perfectly clear here. Kilmer Abrego Garcia

(19:27):
was subject to an original order of removal. He was
served with a notice to a peer for removal proceedings.
He was lawfully detained under the law in twenty nineteen.
The original removal order charge that he was an alien

(19:48):
unlawfully present in the United States without being admitted or paroled,
making him subject to removal. Got it during that court proceeding.
During that very original court proceeding some six years ago, now,
the US government presented evidence alleging him to be a

(20:11):
ranking member of the MS thirteen gang, and the immigration
judge agreed with that classification, so they issued an order
of removal. Now here's where it gets complicated, or not complicated,
but here's where the cabal uses the history to distort

(20:34):
it and make you think that, oh my gosh, this
guy's been mistreated. After that original removal order in twenty nineteen,
his immigration lawyers, which I'm sure we're paid for by
some NGO, which means that you and I paid for this,
they went back to the judge and said, we're not
going to contest any of these findings. We're not going

(20:57):
to contest. In fact, we're going to make an argument
that the government is correct when they say that he
is a ranking member of the MS thirteen gang. And
why are we doing that, Because we're going to ask you,
mister immigration judge, to grant a withholding of the removal
status because of the danger he will face if return

(21:21):
to Al Salvador, because the MS thirteen gang will see
him as being corrupted potentially as you know, a mole,
a spy or whatever, and he's going to be tortured
and probably put to death. So the original removal order
got modified months and months later to say, okay, the

(21:44):
order of removal stays in place, but you can't take
him to El Salvador. That's where the Trump administration left
up because they tried to remove him to El Salvador.
They could have removed him to Uganda, then is a
way to I don't know Breziu, Argentina, Peru, anywhere, But

(22:06):
they took him tow An Salvadore and that's when the
fight started and the government admituted, yeah, we made a mistake.
But that simple mistake is what led us to this
entire charade of oh my gosh, he's not getting his
due process.

Speaker 4 (22:27):
Yeah, he did so.

Speaker 2 (22:31):
At each new stage, now, as I said, more than
twenty judges in total over span now six years. At
each stage, new rulings got layered on top of the
old rulings. And even after the Supreme Court ruled unanimously
in twenty twenty five that the Trump administration had aired
procedurally in a prior deportation, Okay, that's all you need

(22:56):
to know. They made a mistake and now we're going
to correct the mistake by we're going to remove him
somewhere else. I want you to really think about this
for a second. One, he gets picked up this twenty nineteen,
he gets picked up. Two, he gets saken. He gets
taken in front of and is represented by lawyers in

(23:16):
front of an immigration judge, in which they stipulate that yes,
he is associated and affiliated with the MS thirteen gang.
He did enter the country unlawfully without authorization or parole,
and he remains in the country unauthorized and without parole,
so he is subject to deportation. Okay, gavel bangs down.

(23:38):
He gets ordered to be removed from the country. Then
the lawyers. Then the lawyers come back and say, oh,
you know, Judge, now we think about it. We'd like
to modify this. We're not going to challenge the order
of removal, and in fact, we will stipulate to all
of the facts in the original order of removal that
you know, he abused his wife, he was a member

(23:59):
of HIM thirteen, he was in the country unlawfully, and
he is subject removal. We're just simply asking you to
say you can't remove him to El Salvador.

Speaker 4 (24:10):
That's it.

Speaker 2 (24:13):
What is it in tennis game set match is that?
Is that what it is? Or in chess checkmate or
in football time out? I mean we're done, game up.

Speaker 4 (24:25):
That's it.

Speaker 2 (24:27):
But what happened is because the government made a mistake.
Now all the NGOs, all the activity. Oh now let's
go back, let's confuse everybody, and let's start this whole
process over again. So that led to the lawfare of
these trial court judges that continue to intervene, issuing injunctions

(24:52):
that effectively nullified the original They had no authority to
do so, no factual basis upon which to do so.
Judge Paula Zenis in Maryland and Obama Pointe was especially
active in blocking deportations and ordering hearings that favored progressive
legal activists. Her court room became a little revolving door

(25:13):
for deportation, delay, delay, delayed, delay, and every new ruling
postponed enforcement of the law in the name of fairness.
But fairness gave way to paralysis. Now, these judicial interventions
were not isolated acts of caution. They were acts of

(25:33):
judicial resistance. They then saw a cause celebrat let's use
him as our celebrity case. Right here gets blocked and
reblocked by judges because their sympathies aligned with the NGOs
that make a business of actually prolonging these cases. Cause
of the Maryland, the ACLU, all of these groups turned

(25:56):
Garcia's case into that cause celebrat a symbol of what
they called resistance to vindictive prosecution. How was a vindictive
He had a hearing, they came back. The judge reheard
and said, okay, I'll agree to your stipulation. The removal
order remains in place, but you can't send him to
El Salvador. And then what happens because nobody's enforcing immigration

(26:18):
law in twenty nineteen. So in twenty nineteen, when he
gets us an original order of removal except to El Salvador,
nobody does anything. And then when Trump comes along, Trump
two point zero, they find this guy. They see, they
they see, and this is where they screwed up. They
see he has an order of removal. Okay, well, we're

(26:39):
packing a bunch of people sending to Mel Salvador, and
he's originally from El Salvador. Let's just send him back
to El Salvador too, that's where they blew it. Now,
they didn't blow it in terms of that would cause
all of this additional turmoil. They just blew it. Instead.
They should have just brought him back initially without ever
being told to bring him back. Don't give that stupid

(27:02):
senator from Maryland what's his name time to go down
and have a margarita with him. Just go pick him
up in El Salvador and take him over to Guatemala.
Could have done that, but they didn't do it. And
that is where you know the proverbial foot in the door.
That's where the foot in the door started. So the

(27:22):
cooperation then began between the activists and Goos and all
the progressive judges that created this unholy alliance a new cabal.
Instead of the media cabal, now we got the immigration cabal.
And every new fighting became an excuse for another stay,
and every stay becomes another month of sanctuary. In this country.
They have mastered the art of judicial obstruction. And what's

(27:46):
really perverse about the process is how it rewards defiance.
When he refused a plea deal, the judge rewarded him
with yet another hearing. When Ice attempted to deport him
to a safe third country, which was not prohibited by
the original deportation order. Another judge, another judge stopped it,

(28:07):
citing humanitarian concerns.

Speaker 4 (28:11):
If we're going to go down.

Speaker 2 (28:12):
The alley of humanitarian concerns, then everybody has a humanitarian concern.
Who wants to leave this country to go to a
third world country? I don't don't. I don't want to
be told that I've got to move to or I'm
going to be deported to Yemen. Would I rather stay

(28:33):
on the South side of Chicago than Yemen?

Speaker 4 (28:35):
Yeah?

Speaker 2 (28:35):
Probably, So my chance is probably better than the South
side of Chicago, albeit by not much than they are
in Yemen. When DHS tried again, then another court block removal,
demanding new reviews. So in the name of protecting one
man's rights, the judiciary eroted the right that we have

(28:58):
to safety, to do process, to order, and to see
that the law's enforced. And then that result is he's
in US custody. It's insanity, utter insanity. That's the lawfair,
I'll be right.

Speaker 4 (29:18):
In twenty twenty four, Bill Knight, the science guy, told
us the best way to stop hurricanes was to vote
for Oballa Harris. Sounds like great science.

Speaker 2 (29:31):
I've done my homework on this hurricane season, and I
keep thinking, man, maybe I should wait another week. Maybe
I should wait another week before I do the story,
because I keep thinking, eventually we're going to have I
think it's been since twenty fifteen, spend ten years since
we've got a hurricane season. With that landfall, I have
to go back and look at my notes, but I
get a whole story I want to do about hurricanes

(29:52):
and how they're not more powerful, they're not stronger, and
they're not occurring more often. But I keep thinking if
I do the story, like if I do the story tomorrow,
because hurricane season is intill the end of November, that
if I do that story now, that we'll have like
a Brazilian hurricanes hit, and then I'll look like an idiot,
which is pretty easy to do. Don't give me that look.

(30:12):
So we'll maybe do that later. But I guess it's
lucky that we're here at all. According to some folks online,
this is what Dragon left me to tell you today.
The rapture has been rescheduled. According to some folks online,
it was not a false prophecy, and in fact, the

(30:34):
day of retribution has been rescheduled. What did God look
at his eye calendar and realize, Oopsie, I put it
on the wrong week. I gotta change that. Just a
couple of weeks ago, apparently I missed this too. We
were told that the world was supposedly set to end
on either the twenty third or the twenty fourth of September.

(30:56):
What God doesn't know, Like he doesn't understand that you
can look your calendar by day and you can pick
the twenty third or the twenty fourth.

Speaker 4 (31:03):
It's just like, yeah, I'm.

Speaker 2 (31:04):
Gonna put it on a TBD, either the twenty third
or the twenty fourth. But both those days I think
came and went because most of us are still standing,
or maybe it's just me and Dragon. We don't realize
the entire world's gone and we're just kind of doing.

Speaker 3 (31:20):
This for fift happened and everybody just got left.

Speaker 2 (31:23):
That's right, everybody's been left by. Only four people went.
Only four people went up in the rapture, let's see
South African pastor, well the pastor, South African Pastor. South
African Pastor Joshua Malkella was one of the loudest voices
proclaiming that the end of the world was nigh, and

(31:44):
he boldly declared he was a billion percent certain that
it would take place last month. So he called on
Christians to get their houses in order before God came
to rescue them, claiming that non believers would be left
to face the wrath and warned that the world will
be left unrecognizable. I hate to tell, but the world
that I grew up in and the world that i'd
live in today is pretty much unrecognizable. It's kind of like, really,

(32:07):
I don't that's not what I grew up in. He
claims there was a mix up because God told him
this is back in twenty eighteen. He was allegedly visited
by God seven years ago in a dream in which
he was informed that he was going to be the
vessel would spread his message false prophet. Okay, apparently we

(32:30):
were using a Gregorian calendar calendar when instead we should
have been using some calendar that was adopted by Britain
seventeen fifty two. God can't get his calendar straight either.
And last, but not least, it's Taco Tuesday in Denver,
Taco Bell.

Speaker 4 (32:51):
Did you know that.

Speaker 2 (32:54):
Taco John's won the effort to use the term Taco
Tuesday beat the trademark.

Speaker 4 (33:00):
Do you know that wow m