3-13-25 - 9am - The Beginning of the End of the Administrative State

Episode Transcript

Speaker 1 (00:00):
This is my talk back.

Speaker 2 (00:01):
There are many liking if this one is.

Speaker 1 (00:03):
Mine, and it's a dang Goodwin too original, concise to
the point, and intriguing beyond belief.

Speaker 3 (00:15):
Impressive for sure, and impressive.

Speaker 1 (00:17):
Yes there might be a bonus in that one. Who
knows so real Quickly, let's wrap up the whole Lee
Zelden EPA thing because of everything, maybe not everything, but
if all the things that Trump is doing, I think
this could have some of the longest ranging, long term

(00:38):
impacts on our lifestyle, our cost of living. It'll have
a huge impact. You see. I think that those engaging
in this law fair against Zelden the EPA don't realize
the risk they're running because, again, as I pointed out

(01:01):
in the last hour, the Chief Justice wrote the descent
in the Massachusetts versus EPA case which got us to
where we are today. And if you read that descent,
it sounds much like a majority opinion that he would
write today that says you can't do this. And if
that gets struck down, if the Massachusetts versus EPA case

(01:25):
gets struck down, now obviously we're talking about you know,
this is gonna take a time, some time to get there,
but that has a long term impact on the economy.
In fact, the when established in nineteen eighty four in

(01:47):
a unanimous sixty to zero decision that was written by
Justice Stevens. This Chevron doctrine, I'm moving from Massachusetts versus
EPA to the Chevron doctrine. That doctrine instructed federal courts
to defer to the judgment of the lawyers for the

(02:08):
regulatory agencies when any of those regulations were challenged by
anybody in litigation. And since that time, the agencies have
done what they have focused on extending their authority well
outside the original intents of the enabling statute or the
governing statute. And they have relied on that doctrine to

(02:29):
ensure that they're not going to be overturned. So that's
already been overturned, the Chevron doctrine. This is why I
think they're they're really playing Russian Roulette here with this lawfair. Now,
part of the lawfare is let's be practical. I know
people don't think this way, but let's think about this.

(02:51):
If they start in you know, they start in the
in the DC Trial court, in Federal District Court in
d C. Well, that kind of case trying to stop
Zelden is going to take a year or two to
litigate in the trial court. Then it's going to get
appealed to the appellate court, to the DC Court of Appeals.

(03:13):
That's going to take a year or more. And before
it gets to the Supreme Court, we may be looking
at the twenty twenty eight election. And that's what they're
counting on, is that they think they can win the
twenty twenty eight election and this whole issue will become
moot because they'll elect Kamala Harris or some other you know,
Gavin Newsom or some other idiot, and they'll come back

(03:33):
in and they'll reverse what Zelden's done. Which is why
you got to play the long game. You've got to
understand that while that we won't see an immediate change
all we'll see changes in the periphery, but we won't
see a gigantic change. But I think Democrats are they're
playing a dangerous game here. The existence of the of

(03:56):
the Chevron Deference doctrine, what does that Well, that's worked
to ensure that the judicial branch has been paralyzed to
act to decisively to either review or overrule any elements
of it, and in particular, I'm going to apply it
solely to the Biden agenda. Whenever the EPA or the
Bureau of Land Management, or any other agency imposed regulations

(04:18):
that laid that were outside the scope or the intent
of the governing statutes that was enacted by Congress. In effect,
that Chevron doctrine served as the key enabler of the
massive growth has once become known as the administrative state.
That's why this is such a big deal. And the

(04:39):
question now is whether or not the Supreme Court with
a conservative majority, including the Chief Justice who descended in
the Massachusetts case, and now you don't have the Chevron
defense anymore. This is do I seem giddy because I
really am giddy about this now. Obviously, any number of

(05:03):
things can have The Chief Justice could die, he could resign, retire,
I mean, any number of things can happen. But this
is a humongous blow to the Church of the climate activists.
It's almost as if we went in there with the
silver dagger and stuck them in the heart. And now
they're just flating and fighting, and they may rue the

(05:26):
day that they take it to court. The opponents of
the expansion of EPA air regulations by Obama and Biden.
They've been contending that the underpinnings for those actions, the
Massachusetts versus EPA case and then the endangerment finding by EPA,
the CO two is a pollutant that that was a

(05:47):
they know it was a house of cards that could
ultimately come falling down when the politics and the Supreme
Court shift, And we've seen that shift. We saw the
shift in the politics in Trump one point oh and
even more so in Trump two point oh. And we
saw the shift in the Supreme Court because of Trump

(06:09):
one point oh. One last thing before I move on
something else. You know what I talk about, I I
don't discount what technological or social or political changes may

(06:29):
come down the road that we get blinded by what's
happening right now. Well, this is a great example of
what's happening right now is a result of what's happened
in the past that we couldn't see at the time.
At the time when I'm certain that if we could

(06:50):
find the archives when the Massachusetts versus EPA case came out,
I'm sure I was on there. In fact, that would
have been one of the that would been second year.
I would have been on air that I was talking
about how dangerous that ruling was and that would lead
to the EPA grabbing all sorts of power and being
able to regulate things that we couldn't even imagine. I'm

(07:15):
not some nostrodonmos, I'm not some prophet. I'm just saying
that was my reading of that case at that time.
But I couldn't see into the future. I couldn't see
today happening, because look, none of us can. We can
kind of see around the corners. We can kind of

(07:36):
predict what's going to happen, but we don't know because
you know, as everybody you know, and it's true, you know,
you make your plan and God's got another plan for you. Well,
I see this case the same way. I see this
situation the same way. Remember when Trump lost in twenty twenty,
Oh my gosh, it was the end of civilization, and

(07:58):
for four years it pretty much was. We ended up
with wars and overregulation and everything else you can imagine
being actually the country being run by God knows zoom.
And then Trump comes along and wins, and having spent
those four years in the wilderness, he comes out with
both barrels blasting puts someone like Lee Zelden in, and

(08:21):
Lee Zelden comes in and does this. I'm telling you
Trump and Zelder are both betting that both factors the court,
the ruling, and the politics have changed and that we
now are in a situation that favor these kinds of
actions at the EPA. Now. Obviously, only time an array

(08:43):
of major court battles that have yet to come are
going to tell. But you can either look at it
negatively or optimistically. And I look at it very, very
positive because it is that change that we voted for.
And look, I love a lot of stuff that this
administration is doing, but this one really turns me on. Yes,

(09:08):
because this is the beginning of the end of the
administrative state. And I say hallelujah. But we talked about cases.
I want to give you a little perspective because this
is amazing. The lawfair the Democrat Party is using against

(09:28):
Trump right now, not just Lee's Eldham, but you know,
the entire administration. The law fair during Trump's first two
months in the White House has now reached an unprecedented level.
In the first two months in office, Trump has faced
how many legal challenges do you think that this administration

(09:48):
is now facing more than one hundred that's more than
double that's been faced by any other president, any other
president at the same point, mere term one days, he's
got more than one hundred lawsuits against him. There's an
organization called Just Security. What do they do. They've got

(10:09):
a database and they track court filings against the Trump administration.
The total number of legal actions taken since he was
inaugurated on January twentieth has reached one hundred and nineteen.
Nearly twenty of those lawsuits were filed against the White

(10:30):
House during the first week in office. Now, you may
or may not be aware of something called the Article
three Project Article three Project. In fact, they're one of
my We follow each other on X the other reason
why you need to be following me on X at
Michael Brown USA Josh Hammer, who's the senior counsel at

(10:52):
the Article three Project. He contends that the scale of
the lawfair being waged against the Trump White House about
all these far left active federal judges is tenemount two,
in his words, a judicial insurrection. Now, I don't listen
to Bannon's War Room podcast at all. I don't think

(11:16):
I've ever heard fifteen seconds of it. But apparently, according
to a story I have in front of me, Josh
Hammer was on that podcast and talks about how these
lawsuits are a direct threat to the separation of powers

(11:37):
and that it's undermining the constitutional authority of the executive branch.
Based on what the story quotes him, I have to agree.
Here's what he says. What we're seeing is not just
judicial activism. I mean, this is a full on judicial insurrection.
Going back to the very first days of this administration
in power, the first Trump administry from twenty seventeen to

(12:01):
twenty twenty one, faced by his count, by my count
I believe it was sixty five so called nationwide injunctions,
which by the way, is more than the first forty
four presidents of the United States combined, literally in all
of American history faced there. He went on to say,
according to this story, and again I haven't listened to it,

(12:23):
this is what the story's reporting, whether it's a judge
in Washington State or Ohio, or Washington, d C. Or
Florida or Hawaii. The notion that you can issue a
temporary restraining order and thereby try to bring a federal
executive branch policy and executive order to a halt. It's
completely anathema. It's backcrab crazy. His words, not mine. It's

(12:47):
backcrab crazy. That's not how the separation of powers works.
And he is correct. So while we've got all of
this lawfare, I think Josh is right. I think this
is legal insurrection against the Trump administration. They've lost in

(13:10):
the court of public opinion, They've lost in an electoral college,
they've lost the House in the Senate. What's left even
the cabal puts, you know, they put these people on
all the time talking about how Democrats, you got to
get your act together. I mean, the left is eating
their own in terms of what you see on television

(13:31):
right now. So what's left? Oh, the court system, Let's
use Article three, let's use those federal district judges, and
let's go after Trump every possible way that we can.
How it turns out, I don't know. All we can
do is wait and watch. So earlier I was asked

(13:55):
about the shutdown, Well, since then, I've been watching the TV.
They've added a couple of people on on Fox. I
see on Well, CNN's all focus on there was a
girl that was down in the Dominican Republic and she
was out partying and drunk and she got swept out

(14:16):
to sea or something. So they've got reporters actually in
the Dominican Republic now covering that. I mean, I'm sorry
for that woman, that girl losing her life on a
spring break holiday, but I'm sure there's some other people
are going to lose their lives today too, and I'm
sure they won't get covered. So maybe it's just a

(14:37):
time for the reporter to make a quick trip to
the beautiful beaches of the Dominican Republic. But anyway, while
that's going on, Fox is over here showing people that
are talking about how the Democrats are going to shut
down the government. Well, Chucky Schumer, Senate minority leader, has
come out and he's announced the Democrats actually do plan
to trigger a partial government shut down tomorrow. They're going

(14:59):
to refuse vote for a continuing resolution spending bill that
would have funded now here. Here's I guess I'm kind
of letting my slip show here. That's ther will fund
the government at Biden era levels until September. There are
no and Thomas Massey is right about this, there are

(15:21):
no cuts in this bill. If there is a cut
here or there, it's made up somewhere else. This is
government spending at Biden era levels. Well, let's back up.
Earlier this week, the House voted two hundred seventeen to
two hundred thirteen to pass the continuing Resolution. And when
that happened, all Republicans except Thomas Massey voted for the bill,

(15:45):
and all Democrats except Jared Golden voted no. So the
details are. Schumer took to the Senate floor yesterday to
declare that quote, Republicans do not have the votes in
the Senate. Well, it doesn't take a mathematician to figure
that out. If dead Schumer is pushing a Democrat bill,
they would fund the government at current levels through April eleven,

(16:07):
meaning we'll be back in this same position in a
month or so. Well in a month or so, in
a month? What am I talking about in a month?
In his own words, back in two thousand and three,
when Republicans threatened to vote shut down the government, here's
what Schumer said, quote, the last thing Americans need right
now is a pointless government shutdown. A shutdown will hurt

(16:32):
just about every American close. Quote. Now, I've already told
you what I think about government shutdowns. Will it hurts you? Yeah,
if you can't get into Rocky Mountain National Park because
the gates are closed, is that really a hurt? Or
is that another new Christmas vacation movie in the making.
Or you won't be able to walk up the steps

(16:53):
of the Lincoln Memorial. They'll do whatever they can to
make you. Or to eight scenarios where they can take
photos or video. Oh look, the station wagon can't get
into Rocky Mountain National Park and the kids are crying
because they really wanted to go across Trail Ridge Road,
but bulla craft. So now zoom out a little bit.

(17:16):
You got to have sixty votes to pass in the Senate.
We got a fifty three to forty seven majority, so
we do need a couple of Democrats on board. So
John Thune's called his bluff. He's moving to bring the
bill to a vote despite Humor's threat. That'll force the
Democrats to go on record to either do or.

Speaker 2 (17:34):
Not talkback talk back, talk back, talk back, talk back,
talk back, talk back, talk back, talk back, talk back,
talk back, talk back, talk back, talk back, talk back,
talk back, talk back buck talk pack.

Speaker 1 (17:48):
Well, he gets nay for originality and very insightful and
being a smart ass. So there's that US Immigration and
Customs enforcement arrests since Trump took office are already outpacing
arrests made in all of last year. And now we

(18:12):
find out that the Biden government had been cooking the
books to produce the numbers that they kept telling us.
The acting ICE Director, a guy by the name of
Todd Lyons, told reporters this. We have uncovered that the
previous administration was cooking the books on ICE data. They

(18:32):
were purposely misleading the American people by categorizing individuals processed
and released into the interior of this country as actual
ICE arrests. That's pretty blatant. Oh wait a minute. Let's

(18:53):
see you walk up to us. Let's say that I'm
a Border patrol agent or I'm an ICE agent. I'm
working down on one of the sectors on the Rio
Grand and you come across the river. Maybe you walk
across the bridge. You're you're in Waarres, and you just
walk across the bridge and you walk up and say,

(19:14):
here I am, and here's my app And what that
agent would do is process you and then take you
to hand you over to an NGO. The NGO would
take you to some processing center, you know, like a
big warehouse somewhere, or maybe a Catholic church or something,

(19:36):
and then they would give you a they would give
you paid for by taxpayers. They give you a bus
ticket or a plane ticket to Denver, Colorado, and u'd
up in Denver and they would claim that that was
an arrest. You weren't detained, No, because you cannot, you
cannot in any sense of any legal interpretation at all,

(19:59):
that when you are processed, that you're detained. That my
guess is, while that agent was let's say it was me.
So while that agent is processing processing me, I'm showing
him my iPhone. Which where'd you get that? Well? I
got that in the Darien Gap. How did you do that? Well,
there's a great organization down there that's handing out iPhones

(20:20):
with the app, with the CBP app already on it.
So when I get across the bridge, I can show
it to you and you can process me. Well, in
that's special, good grief. We are a bunch of dummies
in this country anyway. So imagine it's me and I
walk up to a CBP agent, the one, the one
that doesn't have anybody that he's processing processing right then,

(20:42):
and then behind me is two hundred and five hundred
others waiting to be processed. You don't think that a
few of those just kind of wormed their way around
the crowd and then kind of got to the end
of the bridge and just kind of kind of walk down,
you know, the bridge, kind of walked down the MBank,
walked a couple of hundred yards, walked back up the embankment,

(21:03):
and just got on. And we went in to the
processing center anyway, and got a bus ticket from Catholic
Charities or somebody and headed off to Denver, or got
an airplane ticket paid for by the taxplayers and headed
off to Denver. Of course that happened. So this guy
confirms that quote. A comprehensive review was done internally here

(21:25):
with ICE finding tens of thousands of cases that were
recorded as arrests went. In fact, these instances were illegal
aliens that were simply processed and released into the American communities.
So officials report that the majority of the more than

(21:45):
one hundred and thirteen thousand arrests made in the fiscal
year of twenty twenty four were so called passed through arrests.
I've never heard that term before. It's a pass through arrest,
so I had to look it up. What does ICE
mean by that? It means that they did not take

(22:06):
enforcement action against an illegal alien and instead just released
them into the interior. Well wait a minute, it's not
even an arrest. So just because you put the descript
or the adjectives passed through, oh, it was a pass
through arrest. You know the next time that you know,

(22:26):
I haven't been arrested. But if I ever get arrested,
I'm gonna say, well, hey, wait a minute, can I
get one of your pass through arrests? Like, instead of
going down to the City and County of Denver jail,
can I just call my way? Why? No, you can't
because you're an American citizen. No, I'm not. I'm not
an American citizen. I don't have any idea, I don't
have anything. I'm from. I'm from the United Kingdom, while

(22:50):
you don't have a British accident. Well, it's because I
just moved there recently, and I'm really from I don't
know someplace else speaks English. I'm from. I don't know Singapore.
I'm from. I'm from someplace. I don't. I don't. I'm
from glam How about that, I'm from Glam. Oh that's
a territory. I can't count that. See how stupid this is.
No arrests made by ICE under the Trump administration have

(23:10):
been passed through arrest, not a one. The same official
says that what we are doing now is actual immigration enforcement,
non enforcement theater for interior arrests, ICE made a little
over thirty three thousand at large arrests in FY twenty
twenty four. For comparison, officials say ICE made thirty two

(23:35):
thousand arrests from this January to March tenth, that is
three days ago, meaning that they will surpass the numbers
for the entire fiscal year of twenty twenty four sometime
this week, maybe even today. Maybe it happened yesterday on

(23:59):
the fiftieth day of the Trump administration. And of course
obviously we're getting positive results. This week, DHS announced that
it had replaced the controversial CBP one app with a
new CBP home app that helps facilitate I find this

(24:20):
so funny. Imagine you're an illegal alien and you've been
told all about you know, hey, get your iPhone down
here in the dairy and gap before you get to
the border, get your iPhone because it comes preloaded with
you know, instead of a browser, it comes preloaded with
an app, a free app provided to you by the
taxpayers of the United States of America, and it allows

(24:42):
you to just fill everything out and just bypass everything
and go into wherever you want to go. You know
what they've done now, So now an the illegal alien
gets his phone and it's told about the CBP one
app and he opens it up thinking that, oh, I
just fill this app, I can just go into the country.
Know what it does now is it helps facilitate self deportations.

(25:07):
So it teaches you how to turn around, It teaches
you how to oops, make a do a one eighty,
and head sell lions. This official says that after four
years of not being allowed to effectively do their jobs,
our agency officers are excited to get to work and

(25:27):
fulfill the agency's mission. Oh you mean actually do what
the law says you're supposed to do. Yeah, that's what
you're supposed to do.

Speaker 2 (25:37):
Hi, John Ya. Top leaders with DHS and ICE held
a call with reporters so basically give an update on
how things were going. Under the Trump administration so far,
and really one of the main key takeaways from this
meeting was these officials claim that the Biden administration has
been misleading the public and quote cooking the books when
it comes to how many illegal migrants actually were arrested

(26:00):
over the last four years. So, these top leaders say
that ICE did an internal review found tens of thousands
of cases that were labeled as arrests, but according to them,
they were actually illegal aliens who were processed and then
released into communities because of catch and release policies under
the Biden administration, in fiscal year twenty twenty four, ICE

(26:21):
made thirty three thousand, two hundred and forty two at
large arrests, So this means arrests that were made in
community settings, not jails or border checkpoints. We'll compare that
to so far under the Trump administration, ICE has made
thirty two thousand, eight hundred and nine of these at
large arrests, So in just the last fifty days, they're

(26:42):
almost matching the total for an entire year, according to
these officials. Here's a further breakdown of those community arrests
in the last fifty days. Officials on that call told US,
fourteen thousand, one hundred and eleven arrests were convicted.

Speaker 1 (26:56):
Let me pauses just a moment, listen closely to these.
So here's what they have gotten so far.

Speaker 2 (27:03):
Cause fourteen thousand, one hundred and eleven arrests were convicted criminals,
nine thousand, nine hundred and eighty have pending criminal charges,
and then the remaining eight thousand, seven hundred and eighteen
are immigration violators.

Speaker 1 (27:17):
Now, when it comes to how many.

Speaker 2 (27:18):
Of these illegal aliens have been deported, DHS and ICE
leaders did not share those numbers yet with us. They
did discuss one of the major issues they're having right now.
That's detention centers are at full capacity right now and
they are maxed out. But yesterday the House passed a
spending bill, and in that bill, ten billion dollars would
go for helping ICE with things like creating more space

(27:42):
for these detention facilities so they could actually keep these
illegal aliens in custody and not have to release them
because of a lack of space.

Speaker 1 (27:49):
John, amazing, isn't it. So go back to the very
beginning of the program. The first fifty days bought of
great stuff, including this. The numbers to me are fascinating.
Fourteen thousand criminals, nine thousand that have arrest records, some

(28:10):
you know, seven thousand or eight thousand that have you know,
criminal prosecutions pending. Holy cow. And to think that for
all that time, for an entire year, we were just
being lied to about so called pass through arrests. That
administration was nothing but b s.

Speaker 4 (28:31):
Hi. Can I get two cheesybean and rice burritos? Two
chicken enchalada burritos, A medium, happy hour die pepsi light ice,
that's it? Fire and diabolo?

Speaker 1 (28:46):
Please thank you? Uh No, you can't place your order
until the Martine Show comes on. They take those orders. Ah.

Speaker 3 (28:59):
I'm sitting here thinking, is it's not Del Taco?

Speaker 1 (29:02):
Yeah, it ain't gonna be Del Taco, that's for sure,
not in Colorado. Anyway. I posted this on X yesterday
if you want to see it at Michael Brown USA.
World leaders will be among the fifty thousand people descending
on the Brazilian city of Milin this November for the
COP thirty Climate Summit. Brazil is hailing it as historic

(29:25):
a cop in the Amazon, not a cop about the Amazon.
But guess what they're doing to get to the summit.
They're building a new four lane highway whose construction is
happening right smack dab in the middle of the protected
Amazon rainforest.

Speaker 3 (29:46):
It seems about right.

Speaker 1 (29:49):
There's an aerial photo on x let's see. The BBC
sets the scene along the partially built road. Lush rainforest
towers on either side, a reminder of what was once there.
Logs are piled high in the cleared land, which stretches
more than eight miles through the rainforest into Bolin. Diggers

(30:12):
and machines carved through the forest floor, paving over wetland
to surface the road. Now here's the great thing. You
can always just You can justify anything. That's why I
kind of hated being a lawyer. You can. You get
to learn to argue everything. Local officials are touting it

(30:33):
as a quote sustainable highway, one that has God, God bless.
I can't believe I'm reading this dragon. They're touting it
as a must have been built by a contractor from Denver.
I bet Mike Johnson, the mayor's in charge of this project.
You didn't read the story, did you. Hell No, Local

(30:55):
officials are tabbing it as a sustainable high way, one
with bike lanes. I wonder how many of these goobers
are going to ride their bike to get to the summit.
Bill gates, then.

Speaker 3 (31:10):
They're gonna make it illegal to ride your bike on
a highway.

Speaker 1 (31:13):
Exactly solar lighting and wildlife crossings. Critics say this another
new infrastructure in the works, including a doubling of the
airport's capacity to fourteen million passengers, runs counter to the
entire idea of promoting positive climate developments. As for the

(31:33):
deforestation element, Brazil intends to push for more funding to
reverse deforestation, but the Brazilian president doesn'tven know the summit,
saying in a March ten letter that forest will be
a central topic in that Great Hey, guys, let's have
a summit. We're all worried about the climate. We're all

(31:56):
worried about the rainforest. So let's have the summit in
the middle of the rainforest. And then let's have a panel.
Just maybe I could get on the panel discussion. If
anybody knows anybody a cop, what's this cop thirty, Please
somehow get me on this panel, because I want to
be on the panel where they're gonna talk about deforestation
as being a central topic. We can do a field

(32:21):
trip dragon we can say for this panel discussion, what
we're gonna do is we're gonna go look at some deforestation. Huh.

Speaker 3 (32:31):
We'll sell it and make a remote out of it.

Speaker 1 (32:33):
Bingo. I bet if you go fund me, I bet
I can get the goobers to fund that. They'd fund
that in a heartbeat. All right, Well I'm done. You
get anything over here for me. Five men accused of
blocking traffic with twerking. You know, I would say just

(32:54):
run them down, but that would be inappropriate, so I
won't say just run them down. I would never say
anything like that.

Speaker 4 (33:01):
Yeah,