Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Channa nine first forty one forecasts overcast. Guys. Today, rain
shows up around four pm. I have thirty six overnaightle
of thirty five. We will have more showers and maybe
even storms, but northern counties look out for some freezing
rains because that's possible. Tomorrow we have rain in the morning.
It'll be partly clouded a balance, and I have sixty
one thirty overnight with partley bodies. Guys, Friday's going to
(00:22):
be sunny. It comes at a small price, so HI
of just forty two thirty three. Right now, time for
Chuck Ingram with a traffic update from the UC.
Speaker 2 (00:29):
Health Traffic Center. Heart disease is the leading cause of
death in the US.
Speaker 3 (00:33):
If you're at.
Speaker 2 (00:33):
Risk, trust the experts and you see health for Innovative
and person of ezzed heartcare. Expect more at you see
how dot COM's northbound seventy five erecting your town street
left hand side, then one end the split north seventy
five on the right hand side, and cruis are working
to clean up from an earlier accident. He spent two
to seventy five turkey foot that ramp is blocked off.
(00:57):
Coming up next guests, who's well being a Giants fan.
Pretty sure we know who the judge is rooting for
in the big game. It's time to talk to the
newest Chiefs and swifty fan. In fact, he's going for
his own three p nachos. Nachos and you were way
(01:18):
ahead of me the judges.
Speaker 1 (01:19):
Next Chuck ingraman fifty five krz. He talks station what
are you gonna do? Good morning, Good morning, Judge.
Speaker 3 (01:34):
Nitapolitano introductions. I get anywhere I know, I listen.
Speaker 1 (01:40):
I cann't say that definitively, because I know you're introduced
every single day on multiple platforms everywhere around the country
and the globe. But I would have been able to
easily guess that his are the most interesting and unique introductions.
How could they not be? No one ever knows Greg
what's on Chuck's mike? Does he have it right?
Speaker 3 (01:58):
Though?
Speaker 1 (01:58):
You can be rooting for the Chiefs.
Speaker 3 (02:00):
No, he does not.
Speaker 4 (02:02):
I am a fan of Barkley, who I think is
the greatest running back in the business, and if he
has a few more years like this past one, he'll
be the greatest running back in history. And the Giants
need to learn their lesson about the stupidity of letting
him go over allowsy million dollars a year.
Speaker 1 (02:18):
Is that a chip I see on your shoulder, Judge
the politics, It is a big chip.
Speaker 4 (02:23):
They paid Danny Dimes forty million a year, is the
worst quarterback in the business, and they let Barkley go
the best running back in the business.
Speaker 1 (02:32):
Well, I'm on your side. I'm on your side, so
we will share.
Speaker 4 (02:36):
Any of this have to do with Patrick Mahomes, who
might be the best athlete.
Speaker 1 (02:41):
On the planet right, Well, and let us use that
as a pivot. Not much of a relatable pivot. Pivot
over to your column is the tariffs in the Constitution.
I'm so glad that you chose to deal with the
concept of tariffs, but it's a rather esoteric area of
the law. And even in my retort to you or
(03:02):
my response to you, I wasn't aware of the case
that the Supreme Court has allowed this to happen. But
it is an easy question to ask for anybody. How
is it that Trump can just flip a switch and
tariff a country literally almost in any amount he wants.
Speaker 3 (03:20):
It. Just it seems like.
Speaker 4 (03:22):
Congress years ago, at the height of the depression and
the cusp of World War Two, the Congress decided to
give that power to Franklin Delan of Roosevelt, and it
has resided in every president since. Notwithstanding, the Constitution couldn't
be clearer. All taxes shall be raised by legislation enacted
(03:46):
by the Congress, and all legislation for imposing taxes shall
originate in the House of Representatives.
Speaker 3 (03:53):
Couldn't possibly be clearer.
Speaker 4 (03:54):
You have this one tax, a tariff which can be ruinous,
can be imposed.
Speaker 3 (04:01):
By the president and the president alone.
Speaker 1 (04:06):
And yet the Constitution does not address specifically tariffs residing
in the executive branch. So by what circuitous route does
the president end up with the power to just sort
of one day turn and say, hey, I'm going to
tax Canada twenty five percent.
Speaker 4 (04:21):
So the decision is called United States versus Curtis Right.
Curtis Right was the name of an arms manufacturer who
sold arms to Bolivia, and the Congress had authorized FDR
to im embargoes on arms. Had his own choosing, you
(04:42):
can impose an embargo one day and unimpose it the next.
And when he imposed the arms embargo on Bolivia and
Curtis Right sold it anyway, the Fed's indicted the corporation.
The federal judge throughout the indictment by saying that the
president decide what's legal and what's not. The president can't
(05:03):
create a crime, only Congress can.
Speaker 3 (05:06):
The Supreme Court reversed it.
Speaker 4 (05:08):
Now, if the Supreme Court had simply reversed it and
said hold a trial.
Speaker 3 (05:13):
We wouldn't have known about any of this.
Speaker 4 (05:15):
But the reversal was written by Justice George Sutherland born
in Great Britain, which is part of this story. He
wrote a treatise on presidential power, going well beyond the
issues before the Court, and in that treatise, in the
guise of a judicial opinion us versus Curtis Right, he
(05:38):
declares that the president and the president alone establishes foreign policy,
and he needs tools to effectuate that establishment.
Speaker 3 (05:48):
And among those tools.
Speaker 4 (05:49):
Are deciding what's criminal when it violates his foreign policy,
and imposing tariffs in order to effectuate.
Speaker 3 (05:59):
The aren't policy. None of this was.
Speaker 4 (06:02):
Before the court, or most of it wasn't before the court,
but it's in the opinion anyway. The opinion has never
been touched as absurd as it is because the federal
government is one of limited powers, but just as Sutherland wrote,
this is actually in the opinion Brian that in seventeen
eighty nine, when the Constitution was.
Speaker 3 (06:23):
Ratified, the power of foreign government.
Speaker 4 (06:28):
Of dealing with foreign governments magically came across the Atlantic
Ocean from George the Third to George Washington and has
been reposed in the hands of every president ever since.
Speaker 1 (06:41):
So we relate.
Speaker 4 (06:41):
It is still good law, as irrational as it is,
and every president from FDR to Donald Trump, has used
that opinion as legal authority for the imposition of everything
from embargoes to tariffs.
Speaker 1 (06:54):
So, insofar as Curtis Right was concerned, it was selling
arms to Bolivia in spite of the ban on that
did that happen.
Speaker 4 (07:02):
But the ban was not a congressional band. The ban
was a presidential ban, and so Curtis Wright argued that
Congress did not have the power to delegate that power
to the president. If Congress had said, thou shalt not
sell arms to Bolivia, and if you do, it's a felony,
(07:22):
that would have been one thing.
Speaker 3 (07:24):
But when Congress said.
Speaker 4 (07:25):
Thou shalt not do what FDR prohibits you from doing it,
if you do, it's a felony that violates the principle
of non delegation.
Speaker 3 (07:33):
So Supreme Court rejected that argument.
Speaker 1 (07:35):
But within that that that declaration, FDR was able to say, no,
don't sell the arms delivery. He also he made it
a crime to violate his declaration that they won't be
sold or did it just was it just a ban
that didn't carry with it a criminal component. That's what
I wanted to kind of be clear on.
Speaker 3 (07:54):
He made it a crime, Oh, which is why it
was scandalous.
Speaker 4 (07:58):
It will be one thing to impose some administrative sanction
on this company, quite another thing to indict them for
a crime that was never enacted by the Congress. This
violates all the due process jurisprudence about notice and about
the legitimacy of federal crimes, which can only be made
(08:19):
valid by action of the Congress, not by action of
the president. Now, Joe Biden has imposed sanctions and Donald
Trump has not unimposed them on many, many Russian facilities.
I mean what Trump said the other day, I'm going
to impose sanctions on the Russians. Well, Biden has sanctioned
(08:40):
everything the Russians sell us except for one thing which
we desperately need, which is uranium.
Speaker 3 (08:46):
I don't even know if the president knew it. I
also don't know.
Speaker 4 (08:51):
It's long wind an answer to your question, if it
is a crime a felony to violate those sanctions, Uh,
there's about a couple of million dollars worth of still
itch Naya vodka still sitting in Port Newark. It came
across the Atlantic Ocean while Biden imposed the sanctions.
Speaker 3 (09:13):
It's still sitting in a warehouse in New Jersey. I
don't know who owns it. I don't know what's going
to become of it. But if you sold it, could
you be arrested. I don't know the answer.
Speaker 1 (09:23):
To that, but the idea though that, I mean, I'll
just say it out on a whim. The president can
do that and also, in doing so, create a crime
without congressional approval, which is where that power lies. I
understand why you're you're in such a state of disbelief
that this law actually is still on the books, and
(09:43):
the fact that it derived from from from British law.
They don't have a constitution with separation of powers.
Speaker 4 (09:50):
Correct Correct Justice to Southerland, who you know came to
the US as a baby, was a senator from one
of the Western States. I forget which, but now nevertheless
had the mindset that the president was a monarch and
the Congress was like parliament, which is unlimited.
Speaker 3 (10:08):
Parliament can legislate on anything from spitting on the sidewalk
to treason.
Speaker 4 (10:12):
Congress theoretically cannot legislate on spinning on the sidewalk, although
that legislated, and I'm just about everything else. That's another
story for another time. But in Justice Sutherland's mind, and
seven of the of the remaining eight justices agreed with him.
Speaker 3 (10:28):
McReynolds dissented.
Speaker 4 (10:32):
The president is entitled to monarchical powers with respect to
foreign affairs because when we became a sovereign country, these
powers devolved on him. When they were taken away from
George the Third. I mean, this is absurd. Madison and
company would have rejected that unambinuously had it been articulated
(10:53):
in seventeen eighty nine.
Speaker 1 (10:54):
Yeah, there's no question in my mind. You've got that right.
Oh lord, well, can thank you? I mean again, I
said yes, to be.
Speaker 3 (11:02):
A little bit in the weeds.
Speaker 4 (11:03):
But everybody's asking, how can the president impose a tax?
Speaker 3 (11:07):
Well, this is how this is.
Speaker 4 (11:09):
How power evolves in America from stupid, outdated, irrational Supreme
Court opinions.
Speaker 1 (11:17):
Yeah, and uh, I want to address that. Always makes
me want to bring up the commerce clause.
Speaker 3 (11:26):
I know, I know.
Speaker 4 (11:28):
I talk about Patrick Mahomes at.
Speaker 1 (11:33):
Judge edit of Paula Ton. We always end on judging Freedom,
which is your your podcast, and I'll encourage my listeners
to search for it and watch it and listen to it.
Are you going to be talking to you today?
Speaker 4 (11:43):
Your honor Max Blumenthal, Phil Geraldy and the great Scott
Ritter later this afternoon.
Speaker 3 (11:50):
Thank you, Brian, I was a pleasure and tell Ingram
I love him.
Speaker 1 (11:52):
You got it, My brother, love you too. Right back,
it's coming up an eight forty fifty five KRC detalk station.
We're going to benefit the homeless with them already grave
and we're talking about that in just a few minutes.
I hope you can stick around fifty five KRC.
Channa nine first forty one forecasts overcast. Guys. Today, rain
shows up around four pm. I have thirty six overnaightle
of thirty five. We will have more showers and maybe
even storms, but northern counties look out for some freezing
rains because that's possible. Tomorrow we have rain in the morning.
It'll be partly clouded a balance, and I have sixty
one thirty overnight with partley bodies. Guys, Friday's going to
(00:22):
be sunny. It comes at a small price, so HI
of just forty two thirty three. Right now, time for
Chuck Ingram with a traffic update from the UC.
Speaker 2 (00:29):
Health Traffic Center. Heart disease is the leading cause of
death in the US.
Speaker 3 (00:33):
If you're at.
Speaker 2 (00:33):
Risk, trust the experts and you see health for Innovative
and person of ezzed heartcare. Expect more at you see
how dot COM's northbound seventy five erecting your town street
left hand side, then one end the split north seventy
five on the right hand side, and cruis are working
to clean up from an earlier accident. He spent two
to seventy five turkey foot that ramp is blocked off.
(00:57):
Coming up next guests, who's well being a Giants fan.
Pretty sure we know who the judge is rooting for
in the big game. It's time to talk to the
newest Chiefs and swifty fan. In fact, he's going for
his own three p nachos. Nachos and you were way
(01:18):
ahead of me the judges.
Speaker 1 (01:19):
Next Chuck ingraman fifty five krz. He talks station what
are you gonna do? Good morning, Good morning, Judge.
Speaker 3 (01:34):
Nitapolitano introductions. I get anywhere I know, I listen.
Speaker 1 (01:40):
I cann't say that definitively, because I know you're introduced
every single day on multiple platforms everywhere around the country
and the globe. But I would have been able to
easily guess that his are the most interesting and unique introductions.
How could they not be? No one ever knows Greg
what's on Chuck's mike? Does he have it right?
Speaker 3 (01:58):
Though?
Speaker 1 (01:58):
You can be rooting for the Chiefs.
Speaker 3 (02:00):
No, he does not.
Speaker 4 (02:02):
I am a fan of Barkley, who I think is
the greatest running back in the business, and if he
has a few more years like this past one, he'll
be the greatest running back in history. And the Giants
need to learn their lesson about the stupidity of letting
him go over allowsy million dollars a year.
Speaker 1 (02:18):
Is that a chip I see on your shoulder, Judge
the politics, It is a big chip.
Speaker 4 (02:23):
They paid Danny Dimes forty million a year, is the
worst quarterback in the business, and they let Barkley go
the best running back in the business.
Speaker 1 (02:32):
Well, I'm on your side. I'm on your side, so
we will share.
Speaker 4 (02:36):
Any of this have to do with Patrick Mahomes, who
might be the best athlete.
Speaker 1 (02:41):
On the planet right, Well, and let us use that
as a pivot. Not much of a relatable pivot. Pivot
over to your column is the tariffs in the Constitution.
I'm so glad that you chose to deal with the
concept of tariffs, but it's a rather esoteric area of
the law. And even in my retort to you or
(03:02):
my response to you, I wasn't aware of the case
that the Supreme Court has allowed this to happen. But
it is an easy question to ask for anybody. How
is it that Trump can just flip a switch and
tariff a country literally almost in any amount he wants.
Speaker 3 (03:20):
It. Just it seems like.
Speaker 4 (03:22):
Congress years ago, at the height of the depression and
the cusp of World War Two, the Congress decided to
give that power to Franklin Delan of Roosevelt, and it
has resided in every president since. Notwithstanding, the Constitution couldn't
be clearer. All taxes shall be raised by legislation enacted
(03:46):
by the Congress, and all legislation for imposing taxes shall
originate in the House of Representatives.
Speaker 3 (03:53):
Couldn't possibly be clearer.
Speaker 4 (03:54):
You have this one tax, a tariff which can be ruinous,
can be imposed.
Speaker 3 (04:01):
By the president and the president alone.
Speaker 1 (04:06):
And yet the Constitution does not address specifically tariffs residing
in the executive branch. So by what circuitous route does
the president end up with the power to just sort
of one day turn and say, hey, I'm going to
tax Canada twenty five percent.
Speaker 4 (04:21):
So the decision is called United States versus Curtis Right.
Curtis Right was the name of an arms manufacturer who
sold arms to Bolivia, and the Congress had authorized FDR
to im embargoes on arms. Had his own choosing, you
(04:42):
can impose an embargo one day and unimpose it the next.
And when he imposed the arms embargo on Bolivia and
Curtis Right sold it anyway, the Fed's indicted the corporation.
The federal judge throughout the indictment by saying that the
president decide what's legal and what's not. The president can't
(05:03):
create a crime, only Congress can.
Speaker 3 (05:06):
The Supreme Court reversed it.
Speaker 4 (05:08):
Now, if the Supreme Court had simply reversed it and
said hold a trial.
Speaker 3 (05:13):
We wouldn't have known about any of this.
Speaker 4 (05:15):
But the reversal was written by Justice George Sutherland born
in Great Britain, which is part of this story. He
wrote a treatise on presidential power, going well beyond the
issues before the Court, and in that treatise, in the
guise of a judicial opinion us versus Curtis Right, he
(05:38):
declares that the president and the president alone establishes foreign policy,
and he needs tools to effectuate that establishment.
Speaker 3 (05:48):
And among those tools.
Speaker 4 (05:49):
Are deciding what's criminal when it violates his foreign policy,
and imposing tariffs in order to effectuate.
Speaker 3 (05:59):
The aren't policy. None of this was.
Speaker 4 (06:02):
Before the court, or most of it wasn't before the court,
but it's in the opinion anyway. The opinion has never
been touched as absurd as it is because the federal
government is one of limited powers, but just as Sutherland wrote,
this is actually in the opinion Brian that in seventeen
eighty nine, when the Constitution was.
Speaker 3 (06:23):
Ratified, the power of foreign government.
Speaker 4 (06:28):
Of dealing with foreign governments magically came across the Atlantic
Ocean from George the Third to George Washington and has
been reposed in the hands of every president ever since.
Speaker 1 (06:41):
So we relate.
Speaker 4 (06:41):
It is still good law, as irrational as it is,
and every president from FDR to Donald Trump, has used
that opinion as legal authority for the imposition of everything
from embargoes to tariffs.
Speaker 1 (06:54):
So, insofar as Curtis Right was concerned, it was selling
arms to Bolivia in spite of the ban on that
did that happen.
Speaker 4 (07:02):
But the ban was not a congressional band. The ban
was a presidential ban, and so Curtis Wright argued that
Congress did not have the power to delegate that power
to the president. If Congress had said, thou shalt not
sell arms to Bolivia, and if you do, it's a felony,
(07:22):
that would have been one thing.
Speaker 3 (07:24):
But when Congress said.
Speaker 4 (07:25):
Thou shalt not do what FDR prohibits you from doing it,
if you do, it's a felony that violates the principle
of non delegation.
Speaker 3 (07:33):
So Supreme Court rejected that argument.
Speaker 1 (07:35):
But within that that that declaration, FDR was able to say, no,
don't sell the arms delivery. He also he made it
a crime to violate his declaration that they won't be
sold or did it just was it just a ban
that didn't carry with it a criminal component. That's what
I wanted to kind of be clear on.
Speaker 3 (07:54):
He made it a crime, Oh, which is why it
was scandalous.
Speaker 4 (07:58):
It will be one thing to impose some administrative sanction
on this company, quite another thing to indict them for
a crime that was never enacted by the Congress. This
violates all the due process jurisprudence about notice and about
the legitimacy of federal crimes, which can only be made
(08:19):
valid by action of the Congress, not by action of
the president. Now, Joe Biden has imposed sanctions and Donald
Trump has not unimposed them on many, many Russian facilities.
I mean what Trump said the other day, I'm going
to impose sanctions on the Russians. Well, Biden has sanctioned
(08:40):
everything the Russians sell us except for one thing which
we desperately need, which is uranium.
Speaker 3 (08:46):
I don't even know if the president knew it. I
also don't know.
Speaker 4 (08:51):
It's long wind an answer to your question, if it
is a crime a felony to violate those sanctions, Uh,
there's about a couple of million dollars worth of still
itch Naya vodka still sitting in Port Newark. It came
across the Atlantic Ocean while Biden imposed the sanctions.
Speaker 3 (09:13):
It's still sitting in a warehouse in New Jersey. I
don't know who owns it. I don't know what's going
to become of it. But if you sold it, could
you be arrested. I don't know the answer.
Speaker 1 (09:23):
To that, but the idea though that, I mean, I'll
just say it out on a whim. The president can
do that and also, in doing so, create a crime
without congressional approval, which is where that power lies. I
understand why you're you're in such a state of disbelief
that this law actually is still on the books, and
(09:43):
the fact that it derived from from from British law.
They don't have a constitution with separation of powers.
Speaker 4 (09:50):
Correct Correct Justice to Southerland, who you know came to
the US as a baby, was a senator from one
of the Western States. I forget which, but now nevertheless
had the mindset that the president was a monarch and
the Congress was like parliament, which is unlimited.
Speaker 3 (10:08):
Parliament can legislate on anything from spitting on the sidewalk
to treason.
Speaker 4 (10:12):
Congress theoretically cannot legislate on spinning on the sidewalk, although
that legislated, and I'm just about everything else. That's another
story for another time. But in Justice Sutherland's mind, and
seven of the of the remaining eight justices agreed with him.
Speaker 3 (10:28):
McReynolds dissented.
Speaker 4 (10:32):
The president is entitled to monarchical powers with respect to
foreign affairs because when we became a sovereign country, these
powers devolved on him. When they were taken away from
George the Third. I mean, this is absurd. Madison and
company would have rejected that unambinuously had it been articulated
(10:53):
in seventeen eighty nine.
Speaker 1 (10:54):
Yeah, there's no question in my mind. You've got that right.
Oh lord, well, can thank you? I mean again, I
said yes, to be.
Speaker 3 (11:02):
A little bit in the weeds.
Speaker 4 (11:03):
But everybody's asking, how can the president impose a tax?
Speaker 3 (11:07):
Well, this is how this is.
Speaker 4 (11:09):
How power evolves in America from stupid, outdated, irrational Supreme
Court opinions.
Speaker 1 (11:17):
Yeah, and uh, I want to address that. Always makes
me want to bring up the commerce clause.
Speaker 3 (11:26):
I know, I know.
Speaker 4 (11:28):
I talk about Patrick Mahomes at.
Speaker 1 (11:33):
Judge edit of Paula Ton. We always end on judging Freedom,
which is your your podcast, and I'll encourage my listeners
to search for it and watch it and listen to it.
Are you going to be talking to you today?
Speaker 4 (11:43):
Your honor Max Blumenthal, Phil Geraldy and the great Scott
Ritter later this afternoon.
Speaker 3 (11:50):
Thank you, Brian, I was a pleasure and tell Ingram
I love him.
Speaker 1 (11:52):
You got it, My brother, love you too. Right back,
it's coming up an eight forty fifty five KRC detalk station.
We're going to benefit the homeless with them already grave
and we're talking about that in just a few minutes.
I hope you can stick around fifty five KRC.
Brian Thomas News
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