4-21-25 - 8am - Alien Enemies Act and Emergency Orders

Episode Transcript

Speaker 1 (00:00):
Good morning, Michael, Good morning, Dragon Dragon. That's a very
interesting situation you have with that beat up old gift card.
Ah gross and whatnot. I found a twenty dollars bill
one time in a parking lot. It was disgusting. Ran
it through the dishwasher. That's what I call dirty money.

Speaker 2 (00:23):
All right. See you have you gotten reply to your
email yet?

Speaker 3 (00:28):
I doubt Tepper's awake. He's a night owl.

Speaker 2 (00:31):
All right, we'll see, all right, okay. Called an audible
on myself. Matt Gates, the want to be Attorney General,
former congressman, does a program on One American News o A,

(00:54):
and he was interviewing Rahem Gissom, and Raheem had he
had traveled with Hexath to Panama, and he had also
gone to El Salvador when Christy Noman gone down to
look at that prison. He has a somewhat in depth

(01:18):
analysis that he gave Gates on OA n LEA last
night or night before last about the game that was
played between Van Holland, the Senator from Maryland, and Kaylee,
the president of L Salvador, and how Van Holland got

(01:40):
out played. I want you to hear it simply because
it will give you some context of the point that
I was trying to make at the end of the
last hour about we've got two separate yet conflated issues
going on. Here. We have Garcia, who has become the
FA of the Alien Enemies Act. Yet when you dissect

(02:06):
his particular case, you realize that. And again, I'm not
trying to make excuses for the administration, but they're scrambling
so fast and so desperate to get as many people
out as quickly as they can that I think sometimes

(02:26):
the lawyer's not home unnecessarily, But the lawyers involved in
all of this aren't stepping back and saying, well, well,
time out. Keep, for example, keep Garcia out of the
Alien Enemies Act because we already have deportation. We already
have a removal order on him, So don't include him
in this group. And quit making a big deal out

(02:50):
of his MS thirteen gang affiliation, even though I think
it's legit. Focus on the removal order when ever anybody
in the media asks you about Garcia, Focus on the
twenty nineteen removal orders. Don't focus on He's been also

(03:11):
swept up in the Alien Enemies Act deportation order that
Trump issued, which now involves the US Supreme Court. So
that's why before I go on to the US Supreme Court,
I want to back up again, and I apologize for
backing up so many times, but I truly do want
you to understand that what even if you're watching Fox News.

(03:35):
Of course everybody today's going to be talking about the Pope,
which is fine, But Fox News is doing the exact
same thing that CNN's doing, that MSNBC is doing, even
that ABC is doing. That I heard at the top
of the hour, and that is they're conflating all of
these into one big ball. And I don't think that
Garcia belongs in that ball. I understand you could put

(03:59):
him in that ball, but he doesn't necessarily belong there
because he has previous removal orders and insofar as is
MS thirteen gang affiliation is concerned, that has already been adjudicated.
You didn't need the Alien Enemies Act to do what

(04:21):
is already being done to him. So how did it
play out ridiculous yesterday?

Speaker 4 (04:29):
You know, you have a situation where as a statement
of fact, as sitting American citizen, it goes around making
allegations not just about what President Trump is doing, We're
all used to that, but about what a foreign leader
is doing with his own citizens. And of course it
culminates in these extraordinary images of a man who is.

Speaker 3 (04:50):
Clearly in good health, a man who clearly.

Speaker 2 (04:52):
Has, referring to Garcia.

Speaker 3 (04:55):
Questionable tattoos.

Speaker 4 (04:57):
I think a lot more of that is coming out
now as well on his knuckles, and somewhat explains why
he has ended up where he has ended up, in
addition to obviously being an illegal into the United States.
And you know, for somebody like me, who has jumped
through all of the right who has paid all the
right money, retained all the right lawyers, to be in

(05:18):
a place as free as the United States of America,
to have these people who feel somewhat not just entitles,
but then they get this extraordinary political representation from members
of Congress, I think, you know, really really sticks in
the cores not just of ordinary American citizens, but also

(05:39):
for people who have done it the right way and
the legal way.

Speaker 3 (05:42):
I read it a ten out of ten.

Speaker 4 (05:44):
On Bouquel's part, I thought the stage craft was absolutely phenomenal,
and he's really trapped the Democrats now here in a
position that really they don't want to be in. I
saw today some polling that came out which showed that,
you know, President Trump and his approval ratings perhaps took
a slight dip when the tariff stuff was going on
and people weren't quite understanding and the media was obviously lying.

(06:07):
And then this morning to look at some of the
approval numbers going back up. Well, I call it the
Abrego bounce. That's what we're seeing.

Speaker 5 (06:13):
Now, and that's what I wanted to talk about next,
the political ramifications of a Democrat party in Washington that
is now rallying around the thesis of importing Abrego Garcia,
someone with MS thirteen ties according to a judge and
an appellate court, back to the United States.

Speaker 3 (06:33):
Immigration is clearly the issue.

Speaker 5 (06:35):
Where President Trump is getting the highest approval marks. Now,
why do you think Democrats are choosing this fight rather
than to, I don't know, talk about tariffs all the
time or the price of goods.

Speaker 4 (06:48):
Yeah, scrambling, and of course they will be doing so
many of their little testing panels and things like that,
and they actually starting I think to understand that while
you know, perhaps the stock marketers and the big corporates
will cry about the tariffs because the profit margins shrink

(07:08):
a little bit as a result.

Speaker 3 (07:09):
Or so on and so forth.

Speaker 4 (07:11):
Actually, the American worker, right, the ordinary American worker understands
what President Trump is trying to do. Economically speaking. He
never promised that it wouldn't be painful. He never promised
that it would be quick. You've had decades and decades,
not just in the United States but in the Western
world of economies that don't work for the people, but

(07:33):
that work for the big corporates. And turning that ship
around takes some time, and it takes a lot of
political capital. It takes a bravery, quite frankly, to stick
with what President Trump has said, not just on the
campaign trail in twenty twenty four or twenty twenty or
twenty sixteen, but actually what.

Speaker 3 (07:52):
President Trump has said for the last forty or fifty years.

Speaker 4 (07:56):
We've all seen those clips back when he was on
OPRAH in the AGA in the early nineties, explaining why
America's economy is on his head. So I think the
Democrats understand that they can't necessarily fight him on those
economic grounds, because again, the American worker understands that to
turn that ship around takes time, and it takes a

(08:16):
little bit of pain, and that's just fine.

Speaker 3 (08:18):
So they're scrambling and looking for something else.

Speaker 4 (08:20):
And what they found a foreign terrorist to side within
shock horror.

Speaker 3 (08:24):
It's not the first time.

Speaker 4 (08:25):
The Democratic Party of the United States of America is
siding with foreign terrorist groups, from the HOYPOLOI to the elites.

Speaker 5 (08:33):
You've got a fresh piece out in the Spectator that
talks about President Trump revitalizing the experience at the Kennedy Center.

Speaker 2 (08:41):
No, I don't care about the Kennedy Center. We talked
about that before. So he's right. The stage craft was
a trap for the Democrats. So now they mckayley brought
Garcia out. They didn't meet at the prison. You know,
you've seen the movies where someone goes to this at
a prisoner, and you know, they walk in and they

(09:03):
you know, the prisoner they got a maybe a glass
between them, or they're sitting at a table, but what
the prisoner's chained to the table or they're sitting there
but they can't touch each other. And it's a big
crowded room and everybody's like no, no. They took him
out of the prison, took him to a hotel, dressed
him up, set him down. He hid his knuckles so

(09:26):
that you couldn't see the tattoos. He looked like a tourist.
He looked like an El Salvador and sitting in a
tourist hotel and there's Senator Van Holland sitting there talking
to him, is as if he was this really wonderful
you know Maryland father, that I just want to get

(09:46):
back to the United States. The contrast is amazing when
you have again, CNN says fifty six percent, Michael Brown says,
probably more like sixty six or seventy five percent of
American support what Trump is doing. They've put themselves in

(10:10):
a box, and I think it's freaking hilarious that they've
done so. But so has the US Supreme Court. So
now we've got Garcia over here. We've got him with
two removal orders. We have an administrative law judge that

(10:31):
has determined that he was a member of MS thirteen.
This is now what six years ago that he was
a member, so it has nothing to do with the
current court's order about the Alien Enemies Act. And we
have an appellate administrative law judge determining that he did

(10:53):
not overcome the state's burden of the DHS's burden of
proof that he was here illegally, that he was a
member of MS thirteen, that he was a flight risk,
that he was a danger to the community, and he
was subject to removal. That stands. The court can't do

(11:16):
anything about that, and that's done, and he's now in
L Salvador, and the court, in a separate case, in
the JGG case, ordered that the government must facilitate Garcia's
return to this country. They didn't say that they must

(11:40):
return him, they must facilitate it. And you may have
heard Tom Holman talking about, well, what does that mean?
Will It means that if if Bukayley, if the president
of L Salvador decides to release him and is willing
to turn him over to or deliver him to the

(12:01):
US border, he will simply be arrested again. He will
be arrested and detained again. Now lawyers will then gom
onto that and they will start trying to go through
all of his due process rights once again, and his
case will again individually, probably make it up to the

(12:24):
US Supreme Court, unless the Court finds another case that
would encompass everyone like him, like they tried to do
Saturday morning at one am. So here's what happened with
just an unsigned order. At one am on April nineteen,

(12:48):
the Court, the Supreme Court directed the Trump administration to
halt every deportation that's been undertaken pursue it to the
alien enemy. Now, that order, which is a stay, means
it stopped all the deportations, did not confine itself to

(13:12):
the case that was being heard in Texas. It actually
applied to an undefied, undefined, pewditive class that no court
has certified. No court has certified a so called I'll

(13:35):
use the term class action. It's not technically a class action,
but that's it's the equivalent of a class action. No
court has certified that there is a group of illegal
aliens under the Alien Enemies Act who are members of
TDS or TDA or MS thirteen, who are all part

(13:56):
of the same group that the Court should hear this
case about. The Supreme Court just did that on their own,
which really pissed off Justice Alito and Justice Thomas. Instead,
what the Court did it protected this undefined class that
had not been certified. Now, what's interesting is one week earlier,

(14:21):
those same justices had dissolved a nationwide injunction on the
ground that the Alien Enemies Act is, except for habeas
corpus cases, largely immune from judicial second guessing, largely immune
from appeal to the court. In other words, the US

(14:45):
Supreme Court did a one to eighty and that raises
a really difficult question. Can a court that says, on say, Monday,
that you can't have all these weeping cases all over
the country suddenly decide that they are going to seize

(15:06):
control over foreign affair decisions on Saturday. Well, I maintain
that it cannot, and that the Court's intervention violates the
very separation of powers rules that it claims to try
to be upholding. The decision of Justice Alito, I think

(15:37):
says more than the decision of the Court itself. Here's
what Justice Alito wrote. Surely after midnight yesterday, he issued
this on April nineteen. Surely after midnight yesterday, the Court
hastily and prematurely granted unprecedented emergency relief proceeding under the

(16:02):
All Rints Act the government. The Court ordered the government
not to remove, not to remove a putative class of
detainees until this Court, the Supreme Court issues a superseding order,
an overwriting order. He writes, although the order does not

(16:23):
define the class, it appears that the court means all
members of the class that the Habeas petitioners. These are
the three out of Texas sought to have certified. Namely, quote,
all non citizens in custody in the Northern District of
Texas who were or or will be subject to the
March twenty twenty five Presidential Proclamation entitled Invocation of the

(16:47):
Alien Enemies Act regarding the invasion of the United States
by Trenda Ragua, he says, And he goes on to
talk about and or however it's implemented. He says, the
court did all of this, even though one, it is
not clear that the Supreme Court had jurisdiction, because, as

(17:10):
he points out, the All Rits Act does not provide
any sort of independent grant of jurisdiction. So he's asking
where do we get jurisdiction to hear this. Then, he says,
number two, it's questionable whether the people that filed the
appeal complied with the obligation to first seat emergency and

(17:30):
junctive relief in the trial court down in Texas.

Speaker 3 (17:34):
What he's pointing out here is we have no record.

Speaker 2 (17:37):
To review because he never gave saying this to his
other justices. He never gave him time to Michael or
ABC News Break News is all vomit. I mean, they're
talking about the abrego he legally reported. Give me a break. Yeah,
I'm just looking through the text messages. Seems to really

(18:01):
piss this audience off.

Speaker 3 (18:08):
But I think I'm okay with that because they're listening.

Speaker 2 (18:12):
Yes, yes, nine zero two six. I'm so tired of
American citizens being crapped on by the politicians in this country.
Bill Left and some I'm on the right care are
more about illegals and their rights over US citizens. It's disgusting,
it is, And before I get back to the court,

(18:35):
I think that's why everyone is. Don't you detect? Whether
it's now. Social media has always been a crapple, but
I detect on social media a lot more vitriol than before.

(18:57):
And I see friends of mine, high school friends, who
have clearly gone down a different path than what I've
gone down, and they get in. I mean they've got friends,
and I was looking at one last night. They posted
some stupid thing about you know, how many crimes does

(19:17):
it take to get deported versus how many crimes does
it take to get elected president. I mean it was
just stupid. I mean it showed a real ignorance and
a real superficial level of thinking in that meme. And
because it's someone that I know pretty well, I was
curious what the comments were, and I go through the

(19:39):
comments and sure enough many of his friends. Now I
didn't because obviously, I do this for a living. I'm
not going to spend all my time at home doing
the same thing that I do here. That's why I've
told my family I don't want to talk about this stuff.
That he really got pounded, and he got pounded pretty

(19:59):
hard about it. But what I found interesting about the
pounding was that those of us that I would consider
to be on the right side of the political spectrum,
whether we're Trumpers or not, whether we support everything that
Donald Trump does or not, we're all getting lumped in

(20:20):
with being one hundred percent supporters Donald Trump. That's like
saying I was one hundred percent against everything that Barack
Obama did. I'm sure if I dug deep enough, I
could find something that Obama did that I approved of.
I'm sure that Dragon and I dug deep enough, we
could find something that Joe Biden did, even if it

(20:42):
was just something he said that we might say, oh yeah,
we kind of agree with that, even though he was
still questioned whether or not he actually knew what he
was saying. Then eighty one oh five points out, Mike.
The first thing I noticed was that Garcia was wearing
a hat. All tattoos were covered up. Yeah, he got
He totally got played. Because how long do you think

(21:02):
before we get a prison photo with his shaved head
showing the tattoos, and his hands in his arms, show
his fore arms, and his bicyp showing the tattoos.

Speaker 3 (21:17):
It's just disgusting that he was wearing a chief's hat.

Speaker 2 (21:20):
Well, I didn't even know it was a chief's hat.
I didn't even notice that dragon. I just saw baseball
cap and I was too busy looking for tattoos. So
let's go back to the court, because I mean, by
the way, I want to say this about the court.
Somebody said all I need to know about the court
filing this order at one am is that somebody did

(21:44):
not want to be seen. That's incorrect. There is a
legitimate reason why this was filed at one am, and
that's because in the Lower court. They were operating on
such an expedited timeline that even the lawyers were scrambling

(22:09):
to meet these deadlines, and even the court, the trial court,
not the Supreme Court, the trial court down in Texas,
was issuing orders like, yes, get me your motions within
the next two hours, get me your emotions by nine
thirty tonight. You know, we'll have a hearing at ten

(22:30):
thirty or eleven o'clock. And that's when they filed the
emergency appeal. When the people representing the three TDA or
MS thirteen members, the three defendants, the three illegals, made
their emergency application to the Supreme Court, the Supreme Court

(22:53):
had to enter that order to stop everything in order
for them to give themselves time to review it. And
you this order, which is why it was done at
one am, because people down in Texas were waiting to
hear what the court was going to do, so they
had let them know one way or the other. They
could have just as easily, which is what Alito is saying,

(23:16):
they could have just as easily entered an order that
said your application for relief is denied. Boom, go back
and do what you're doing. Here's why, Alito is. And
here's why I, along with Justice Alito and Thomas, are
so pissed off about this. The Supreme Court one lacked
the jurisdiction. The All Rits Act, upon which they claim

(23:41):
they have jurisdiction, does not grant jurisdiction to the court
for these kinds of cases. The second thing, the Supreme Court,
just like any appellate court, has to have a record
findings orders upon which they can make there Ruly, so

(24:07):
when you find me, when you finally get to the
US Supreme Court in your case, there will be all
of the evidence admitted at the trial court. There will
be the transcripts. There will literally be the whatever is
put into evidence, you know, objects, documents, whatever. There will

(24:29):
be the judge's orders on all of the motions, all
of the objections. The transcript will show all of that.
There will be a record. Then when that gets appealed
to the appellate court, for example the Tenth Circuit in Denver,
all of that gets transmitted because when you start getting

(24:52):
to the appellate level, you're not trying. The appellate court
job and the Supreme Court job is not to ascertain facts.
Facts are what's determined at the trial level. All they're
doing is looking at the facts that were determined at

(25:13):
the trial level to determine whether or not the rulings
and the application of the law was properly done. So
here in Texas, at the trial level, the court had
not entered any orders yet there was no record, there

(25:35):
were no facts determined. They just immediately jumped over the
Fifth Circuit, went straight to the Supreme Court and said,
we need you to issue an emergency stay to keep
these people from being put or they're on the planes,
to keep the planes from taking off. And the Court said, okay,

(25:56):
stop everything. My question as a lawyer is on what
basis on what there were no court orders yet, there
were no injunctions issued by the trial court. You completely
skip the Fifth Circuit, so illegal, writes this. When this

(26:21):
Court rushed to enter its order, the Court of Appeals
was still considering the issue of emergency relief, and we
the Supreme Court was informed that a decision would be forthcoming.
But this Court, however, refused to wait. But under this
Court's rule, excepting the most extraordinary circumstances, an application for

(26:45):
a stay will not be entertained unless the relief requested
was first sought in the appropriate court or courts below,
or from a judge or judges thereof. He's saying to
his colleagues, you didn't even follow our own rule twenty
three point three. You just decided that this was some

(27:06):
sort of the most extraordinary circumstances. But yet if you
read the court's order staying the removal of those people,
they give no rationale for why these were the most
extraordinary circumstances, which is what their rule requires. The second

(27:29):
point the Justice Leito makes is this the only Remember
I told you about the record and the depellate courts
only look at what's on the record. Justice Legal Rights.
The only papers before this court were those submitted by
the applicants. Now, wait a minute, Remember when we talked

(27:51):
about due process, both sides get to be heard. The
only papers before this court were those submitted by the applicants.
In other words, those papers submitted by those people, the
illegal aliens trying to not be removed from the country.
That's all we have in front of us elital rights.

(28:13):
The court had not ordered or even received a response
by the government regarding either the applicants' factual allegations or
any of the legal issues presented by their application, and
the court did. The Supreme Court did not have the
benefit of a government response filed in any of the
lower courts either. When the applicants first raised their allegations

(28:37):
in the District Court, that court provided the government with
twenty four hours to respond and was poised to rule expeditiously.
But the District Court dissolved the government's obligation to respond
after counsel after council for the applicants filed their hasty appeal, which,

(28:57):
in the District Court's view, deprived it of jurisdiction to rule.
In other words, by taking this on, the Supreme Court
just stopped everything. We don't have anything from the other
side to look at, to even consider. In fact, he
says this, the papers before us, while alleging that the

(29:17):
applicants were in danger of removal, provided little concrete support
for that allegation. Members of this Court have repeatedly insisted
that an all rich injunction pending appeal may only be
granted when, among other things, quote, the legal rights at
issue are indisputably clear, and even then sparingly and only

(29:43):
in the most crude, critical and exigent circumstances. He's pissed off.
And here's the summation. You know what, let me save
the summation for after the break.

Speaker 4 (29:57):
The extraordinary circumstances were because Trump.

Speaker 2 (30:04):
Here's what Alito says, in some literally in the middle
of the night, the Court issued unprecedented and legally questionable
relief without giving the lower courts a chance to rule,
without hearing from the opposing party, within eight hours of
receiving the application, with dubious factual support for its order,

(30:28):
and without providing any explanation for its order. I refuse
to join the Court's order because we had no good
reason to think that under the circumstances, issuing an order
at midnight was necessary or appropriate. And then he takes

(30:48):
a dig at everybody last paragraph. Both the executive meaning
the White House. Both the executive and the judiciary have
an obligation to follow the law. The executive must proceed
under the terms of our order in Trump versus JGG citation,

(31:12):
and this court should follow established procedures. Here's what's going on.
Politics obviously has infused the court's thinking. Trump is moving

(31:32):
with such speed and in such order to go first
and foremost. By the way, I'm quite aware of Maren's
daughter and what Garcia did there. He's moving with such
expedited procedures that the courts are literally incapable of keeping up.

(32:00):
And the more he moves Trump, the more he continues
to move, the more they continue to keep establishing, for
lack of a better term, precedent, establishing these procedures and
establishing this very high profile removal of individuals, particularly those

(32:21):
who are criminal illegal aliens. And I'm talking about those
who have committed crimes other than entering the country illegally.
The worst of the worst, as Trump would probably describe them,
is really drawing the ire of all of those who
have a vested interest in keeping illegal aliens in this country.

(32:43):
I'm talking about corporate America, big business, I'm talking about
chambers of commerce. I'm talking about all of those who
benefit from the NGOs, Congress, members of Congress themselves. One
of the most fascinating things that if I can find it,

(33:06):
in playing some sound bite sound bites on Saturday memorializing
the bombing of the Alfred Murrah building in Oklahoma City,
I came across I forget it was Channel four Channel
nine in Oklahoma City that were talking about you know,
they were interviewing different people while they were trying to

(33:26):
figure out what was going on, and later on in
their newscast they ran across, of course, Congressman then Congressman
Chuck Schumer, and Chuck Schumer went on to talk about
how we've got to make certain that terrorists, and in

(33:48):
particular terrorists they come to this country illegally need to
be kept out of this country and need to be
removed as quickly as possible. And of course, you know,
you've heard them all, all the sound bites from Fancy
Pelosi and Chuck Schumer and everybody else talking about you know,
even even Obama talking about removal of illegal aliens.

Speaker 3 (34:08):
Force chain US changed.

Speaker 2 (34:13):
Quite simply, two things have change. It's actually being done,
and it's being done by a guy by the name
of Donald Trump, which makes it all wrong politically,