Dan unloads on meek, mousy so-called 'mayor' Mike Johnston after the man who promised a 'Tiananmen Square moment' for ICE officers looking to deport Denver illegals surrenders to a violent mob of teenagers planning to plague City Park on Saturday, forcing the Denver Zoo to close several hours early at 1pm to avoid any chance of violence for patrons and the animals.
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Episode Transcript
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Speaker 1 (00:00):
This is Dan Capless and welcome to today's online podcast
edition of The Dan Caplis Show. Please be sure to
give us a five star rating if you'd be so kind,
and to subscribe, download, and listen to the show every
single day on your favorite podcast platform.
Speaker 2 (00:14):
Not this fighting.
Speaker 1 (00:16):
We're winning, I mean, and I'm sure you've been fighting
in your own way for a long time, but we're
winning right now. And it is a beautiful thing to behold,
and above all, it's great for the country. But please,
I hope you can savor it a little bit because
the last three days, right, and this has been a
constant refrain on the show for a long time, but
the last three days it's been like, hey, are you
(00:36):
tired of winning yet? And then you get these big
US Supreme Court decisions today as well as wins on
other fronts.
Speaker 2 (00:43):
So yeah, this is a great thing.
Speaker 1 (00:45):
And it feeds on itself and in the ways we
discussed earlier, So very bright future ahead. Could it be
screwed up, sure, but a very bright future ahead if
things keep tracking, And yeah, we got to do our
stuff too, right three all three, someone, three eight two
five five texts DA and five seven, seven, three nine
and then thank you to the Texters who alerted me
(01:05):
this big issue. I think it's one of the most
important local issues in a long time here in Colorado,
and I call local all of Colorado, and I think
the governor needs to get involved in this as well.
And so what we found out from our listeners about
twenty five minutes ago is that the beloved Denver Zoo
has to close tomorrow.
Speaker 2 (01:24):
It has to close at one.
Speaker 1 (01:25):
Why because a bunch of punk thug criminals, a mob
has threatened to take over city Park like they took
over Northfield Mall.
Speaker 2 (01:35):
I think it was on Sunday night, might have been Saturday.
Speaker 1 (01:37):
Well, first of all, you can't have mob rule anywhere,
including the city of Denver. And it is obscene the children.
Think about the children and how much you love to
go to the zoo as a child, and we love
to take our kids to.
Speaker 2 (01:52):
The zoo as adults.
Speaker 1 (01:53):
So now you've got all these kids and parents who
can't go to the zoo tomorrow because a bunch of
criminal thugs are going.
Speaker 2 (01:59):
To take over park.
Speaker 1 (02:01):
Well, what what self respecting mayor, even if they're not
self respecting, what mayor with any sense of civic responsibility
what governor would sit back and allow this to occur.
And if you're the mayor, you have direct control, right,
this is your city. This is the same mayor who
said he was going to use Denver police to go
(02:21):
out and stop federal law enforcement from enforcing federal.
Speaker 2 (02:25):
Law in Denver.
Speaker 1 (02:25):
The same mayor who said he was going to rally
tens of thousands to the street to stop federal law
enforcement from enforcing federal law. And he's going to sit
back and allow these punk thugs to take close the zoo.
And don't blame the zoo. This is not the zoo's faull.
The zoo has to protect those animals, it has to
protect their customers. It's not the zoo's fall, it's the
(02:48):
mayor's fault. And don't dare blame the police. You know,
you know what the police sign up for. My dad
was a cop for thirty years. Every one of these
men and women, they sign up to go out and
put their life on the line to enforce the law.
One thousand percent certain law enforcement wants to be out
there tomorrow.
Speaker 2 (03:03):
Keeping the zoo open. So blame the mayor he gets
elected to.
Speaker 1 (03:08):
I mean, the most corresponsibility of a mayor is to
protect the people and protect the operation of the city.
And this mayor won't stand up to a mob of
young punks who advertise where they're going. They advertise that
they were going to take over Northfields Mall, and they
did what an embarrassment to the city. And now they've
(03:30):
advertised they're going to take over City Park. But rather
than stop them, the mayor saysn't okay. Yeah, so all
these kids now can't go to the zoo. That is pathetic.
So what do we do about it? And where's the governor?
Speaker 2 (03:42):
Right?
Speaker 1 (03:43):
I mean, I understand it's the mayor's immediate jurisdiction, but
any governor who cared at all about the people of
his state would at least step up and use the
platform and say we can't allow this to happen. We
can't allow this precedent to be it's already been set
at Northfields.
Speaker 3 (04:02):
We got to draw the line.
Speaker 2 (04:03):
We're going to keep that zoo open and we're going
to use every bit of force we have to use
to stop these thugs.
Speaker 1 (04:10):
Now, wow, incredible three oh three seOne three eight two
five five. The obvious president right that got away with
it at Northfields so now the mayor is going to
let him get away with it here, and then what's
that going to do. Oh yeah, I'm sure that's going
to cause smaller mobs to now form in the future. Right,
That's going to cause them to just say, oh no,
it's no fun because we're able to shut down them all.
(04:33):
We're able to shut down the zoo. We'll just stop now. No,
obviously it's just going to embolden them. So tells you
everything you need to know about Democrats in charge, right,
And when when I was a kid, I never would
have said that. From a family of proud Democrats. My
dad a great Democrat, and so many law enforcement officers,
(04:55):
at least back in Chicago Democrats.
Speaker 2 (04:57):
But think about the decay in that part. Think about what.
Speaker 1 (05:00):
It's it's gone to right now where it started like
when I was a little kid. John Kennedy is president, right,
John Kennedy put his life on the line to fight
the communists.
Speaker 2 (05:13):
And then you know what do you have now?
Speaker 1 (05:15):
You have that the face of the Democratic Party is
an avowed socialist who's probably even more of a communist
communist and an open am anti semi who's going to
be mayor in New York. So look at the decay
in that Democratic Party and then of course the decay
in Denver as a result of being ruled by Democrats,
and think about what it means politically, Ryan, because I
(05:36):
got to tell you this is such a no brainer
politically right now, what a gift to Mike Johnston if
he wanted to do the right thing, because he could
be an instant hero. He could just let law enforcement
do what law enforcement wants to do and stand up
to the mob and stop the mob and keep that
zoo open.
Speaker 2 (05:54):
And politically, in any kind of sane world, it would.
Speaker 1 (05:57):
Be a tremendous political gain for him, right But with
these radical lefties controlling the Democratic Party, it now becomes a.
Speaker 2 (06:06):
Political loser for him. Think about how twisted that means.
Speaker 1 (06:10):
The Democrats are not the rank and file, but the
people who won't and operate the party. Dan, you're on
the Dan Kapla show.
Speaker 2 (06:16):
Welcome they Dad.
Speaker 4 (06:19):
I really can't even talk what you just said. I
was going to just talk to you about this. I mean,
how does the mayor cow down to a mob of teenagers.
I mean it just shows so much weakness, right, And
I mean, you know, the good law abiding citizens. I
guess they get punished, not the you know.
Speaker 2 (06:40):
The mob, right, I mean exactly, but they just keep
electing these guys.
Speaker 4 (06:44):
I mean, I mean, hopefully this is their last stint.
You know, they've they've basically ruined everything, and hopefully people
wake up to this. So you kind of you kind
of put icing on all of the take. I was
gonna talk about, have a great.
Speaker 2 (06:55):
Weekend, Thankstein, you two that that is so true though, right,
the law abiding citizens get punished. All these little kids
who are looking forward to the zoo and you can
remember it right as a kid. I mean, going to
the zoo is a big deal. You bet.
Speaker 1 (07:08):
These kids have been looking forward to it all week
and the parents looking forward to taking them. But now
they can't go because the mob wins. With Mike Johnston's mayor,
the mob wins.
Speaker 2 (07:18):
And don't blame the zoo.
Speaker 1 (07:19):
They're just doing what they have to do to protect
the animals and their patrons, and the zoo blame the mayor.
Speaker 2 (07:24):
He's letting the mob win.
Speaker 1 (07:25):
Stunning Tammy and Denver and politically, great question, Dean raises,
will it cost Johnston politically in Denver?
Speaker 2 (07:34):
Don't bet on it, right, Tammy? Welcome to the show.
Speaker 5 (07:38):
Hi, Dan, I was just thinking out loud. Well, first
of all, I want to say, they're not just kids.
I mean, these are not just young people. There's a
lot of old people out there too, and they're old
and I'm old, but they're even older than me.
Speaker 3 (07:53):
But anyway, Oh, don't.
Speaker 1 (07:55):
Timmy educate me because all I've known is what I've
read on these mobs. So you're saying the these criminals
who who are now taking over big spots in Denver
and fighting, it's not just young criminals, No.
Speaker 5 (08:08):
No, they're they're like there's a lot of I'm going
to say, like seventy the seventies, early seventiesh people, sixty
five that.
Speaker 2 (08:17):
In these mops out there fighting.
Speaker 5 (08:19):
Yes, yes, holy can Well no, they're not the fighting parts,
but they're the part of the protesting parts.
Speaker 1 (08:26):
Well are we talking about the same thing, because my
understanding of these mops is that it's these are young
criminals and they take over these places. The first was
Northfield and then they fight.
Speaker 2 (08:39):
Oh no, different deals.
Speaker 6 (08:41):
I don't know.
Speaker 5 (08:41):
Yeah, we're talking. Yeah, like the reason why I called this,
do we have to worry about the museum as well?
Because it's going to be really warm tomorrow, and my
grand baby and I were actually going to go to
the museum.
Speaker 1 (08:57):
Wow, well it'll probably be easier to get in.
Speaker 5 (09:01):
Well, yeah, but I don't know to the Yeah.
Speaker 2 (09:06):
Maybe they'll have any exhibit.
Speaker 1 (09:08):
Maybe they'll have an exhibit from like thirty years ago
when when the mayors of Denver used to enforce the law.
But Tammy appreciate the call. Sorry about that, Timmy appreciate
the call.
Speaker 2 (09:18):
Thank you.
Speaker 1 (09:18):
Want to squeeze everybody, And when we come back, we'll
start with Joe in monument and then get to our
other callers and text. But if you just joined us,
thank you. But here's what's going on. The beloved Denver
Zoo has to close tomorrow. Not their fault, they have
to close tomorrow because of a mob of lawbreakers has
said that they're going to take over city Park. So
(09:39):
Mayor Johnston, rather than stopping the mob, punishes the innocent
civilians and the kids. So the kids now can't go
to the zoo because Johnston's going to let the mob
do what they want to do.
Speaker 2 (09:54):
Do we have a mayor or a mouse? You're on
the Dan Capitla Show.
Speaker 3 (10:00):
And now back to the Dan Kaplas Show podcast.
Speaker 7 (10:03):
We're learned tonight that the Denver Zoo is going to
close seven hours early Saturday ever concerns about a planned
takeover event. The zoo tells us Denver Police warn them
about an event called City Park Takeover that's circulating right now.
Speaker 2 (10:16):
On social media.
Speaker 7 (10:17):
Now, as a precaution, they're going to close at one
pm instead of eight pm to avoid any potential problems.
We first told you about these takeover events after hundreds
of teenagers showed up at the shops at Northfield all
over the weekend. Multiple flights broke out and Denver police
were forced to come in and break it up.
Speaker 1 (10:34):
See, this is an outrage, total outrage. Don't blame the
zoo and don't blame the cops. Blame Marr Johnston. He
won't stand up to this mob and say not on
my watch. I'm going to do whatever I have to
do to make sure people can go to the zoo
and people can use City Park on a beautiful Saturday
Sunday in late June, one of the latest days of
the year.
Speaker 2 (10:53):
And so now kids can't think.
Speaker 1 (10:56):
About the beautiful night it's going to be at the
zoo tomorrow and kids can't go Johnston, won't stand up
to this mob. That's just sick and it just encourages
more lawlessness. It's absolutely backwards. Again, don't blame the zoo.
This is on Johnston. Three or three someone three A,
two five five the number? Want to get to more text,
more calls and big US Supreme Court decisions today and
(11:19):
I broke down in great detail. And I say great
because the details are great and it's of monumental importance
to this nation. This decision today that that no individual
district court judges cannot enjoin, cannot lock up and stop
a president, being a Democrat or Republican president nationwide, that
they can just.
Speaker 2 (11:38):
Impact the litigants in front of them.
Speaker 1 (11:40):
There are some exceptions to that, but the general rule
now is no that that Congress, when it passed the
Judiciary Act and gave the judiciary this particular power, that
Congress never intended nor did it give the power for
an individual judge to roll on anything other than the
against in front of the judge. So I read extensively
(12:03):
from the opinion earlier that would have started at about
four h six. I'll get back to it in a bit.
But this issue is so local and so important, Joe
and monument. You're on the Dan Kaplis show.
Speaker 2 (12:13):
Welcome Dan. You know it's funny you asked.
Speaker 6 (12:16):
Where Governor Polus would be on this, and I'm thinking,
do you remember the riots and nger than he hid?
Speaker 2 (12:24):
He hid for days?
Speaker 6 (12:26):
You know, maybe we should call President Trump up and
ask you to activate the color out of National Guard
because our governor and I Revember don't have the kahonas
to stand up to these people.
Speaker 1 (12:38):
I'm telling you, man, and you know what, think about
what it tells you politically, Joe, because this should be
such an easy political no brainer. First, Johnston and Polish
should do the right thing for the right reason. But
politically you would think, Okay, I'm going to stand up
to a mob so people can use city park, including
the zoo, on a beautiful June Saturday. That's got to
(12:59):
be a ninety two ninety nine to one issue in
your favor, right, But the radical left that controls the
Democratic Party now is so whack. Johnson views this as
a political loser.
Speaker 6 (13:12):
And as a citizen of the state of Colorado who
has worked in Denver, who has watched Denver go down
to cheaps, this is just another reason for me not
to go to my state capitol.
Speaker 1 (13:25):
Yeah, man, Joe, appreciate the call. This is crazy and
it's just so wrong in its core, right, But the
political price Now, obviously Johnston does the calculation and thanks
so in the Democratic Party now in Colorado, and their
calculation is, and it's right until it's proven wrong, that
it's all about winning the primary, and whoever wins the
(13:46):
primary is going to win the general. And that if
you have enough money, you're going to win the primary.
It's the police model, right, And so where's the big
money on the left. It's from these crazy psycho radical
lefties and who don't want status quote, they want to
break down of order. They don't want the kind of
America the rest of us want. Across party lines, that's
(14:08):
where the money is, so that's where the power is.
So that's who Johnston caters to. And look what it
does to the people at Denver, and it should really
tick you off. That real world impact. All these kids,
all these families that won't be able to go to
the zoo after one o'clock tomorrow because Johnston chooses to
punish the innocent and reward the criminals. Three at three seOne,
(14:28):
three eight, two five five the number. How frustrating ryan
for law enforcement because as a dad who was a
cop for thirty years, these are men and women who
could do a lot of different things in their life,
and they sign up to risk their lives in order
to stop bad people from doing bad things, and then
so often in these blue controlled cities they're not allowed
(14:50):
to do that.
Speaker 2 (14:51):
Because of politics.
Speaker 1 (14:53):
So how frustrating for law enforcement because you can bet
every man and women on that force would want to
stand up and do what they had to do to
make sure kids and families could go to the zoo
and the criminals were not rewarded. Dan Hopefully the city
has plans for a response if gangs break into the
closed zoo. Not too hard to imagine that possibility, Marty, Marty,
I have no doubt whatsoever that the men and women
(15:14):
in Blue DPD would not allow that to happen and
would stop it from happening. My frustration is, and that's
an understatement, is that Johnston is not going to put
the word out that you're not taking over the park,
you're not closing the zoo. Put the word out to
the mops. We're going to do what.
Speaker 2 (15:32):
We have to do to stop you from even getting
to that point.
Speaker 1 (15:36):
Yeah, three or three? Someone three eight, two, five five
the number. Let's go to David in the Springs here
on the dan Kaplis show.
Speaker 2 (15:42):
Welcome.
Speaker 8 (15:44):
Hey, how are you Dan?
Speaker 3 (15:45):
I'm living the dream?
Speaker 2 (15:45):
How about you?
Speaker 8 (15:47):
You know what? We should just have one hundred and
fifty Americans with sense in their head decide to go
to the zoo, you know, A couple of ranchers, a
few guys from the local gym decide, why don't they
go down to the room and all fast that last.
Speaker 2 (16:08):
Hey, I love the way you're thinking.
Speaker 1 (16:10):
I'll tell you this, David right now, that if if
I thought it would be permitted, and I don't know
if we could pull it together this quickly, I'd go
down there and join you, and I would act within
the law. You can't take the law into your own hands,
but just as a citizen just wanting to stand up
for what's right, I'd go down there and at least
be present. I wouldn't take any action that would violate
(16:30):
the law. But I'm quite sure that the way it's
going to be set up tomorrow, that would not be
an option and would probably just make things worse.
Speaker 8 (16:39):
Yeah, thanks brother, Kay, appreciate the call.
Speaker 1 (16:41):
Thank you for that. Appreciate the call. And again, last
thing I want to do is complicate things for law
enforcement because it it just drives me crazy the way
they have their hands tied by these politicians. Remember if
the area takeover, you got all these kids, and the
kids at area work so hard. Most of them are
working jobs, every dollar matters, trying to get their degree.
In Johnston, once again he bends the knee in front
(17:04):
of the lawbreakers, and the lawbreakers get to have their
way hands off from Johnston.
Speaker 2 (17:09):
When you know the police.
Speaker 1 (17:10):
Would love to just step in and do what they
signed up to do and force the law. Let the
good law abiding citizens enjoy the city of Denver and
punish the lawbreakers. But with Johnston, it's backwards. It's the
other way around. And tomorrow is exhibit A.
Speaker 2 (17:26):
Did you used to go to the zoo?
Speaker 3 (17:28):
Rne?
Speaker 9 (17:28):
I love this, Oh me too as a kid. This
whole story is really bumming me out man.
Speaker 1 (17:33):
Yeah, yeah, and yeah, because and I bet everybody listen
in the same way. Some of your fondest memories are
at the zoo, And just think of all those little
kids planning to go tomorrow and now they can, and
how many beautiful late because we're only a few days
past the solstice? Late beautiful summer evenings like this do
(17:53):
you get? But no, kids can't be at the zoo
because Johnston's letting the mob rule.
Speaker 2 (17:59):
Yeah.
Speaker 1 (18:00):
Hey, when we come back, I do want to take
you back to It's a monumentally important US Supreme Court
decision today. Get you a little bit of language out
of the case because it was red hot. You're on
the Dan Kapler Show.
Speaker 3 (18:18):
You're listening to the Dan Kaplis Show podcast.
Speaker 10 (18:21):
You're not twelve on Justice Jackson's argument, which is said,
odds with more than two centuries worth of president not
to mention the Constitution?
Speaker 3 (18:34):
Is that AI? Oh that's Kelly Cacerra.
Speaker 9 (18:36):
Oh okay, but your associate producer slash callscram I'm.
Speaker 2 (18:41):
Sorry, Kelly, I don't recognize that as you I guess.
Speaker 1 (18:45):
I guess I was waiting for Justice Barrett's voice and
I just got thrown.
Speaker 3 (18:50):
Well, you know that we don't have audio from that,
We just have the script.
Speaker 2 (18:53):
But that's what I was wondering, Ryan, because sometimes, as
you know, justices will read opinions from the bench.
Speaker 1 (18:59):
It's rare rich justice. So tom Or read her descent
from the bench today. But yeah, so wow, Kelly, great job.
Speaker 2 (19:05):
Thank you.
Speaker 3 (19:06):
She did the whole thing in that paragraph.
Speaker 9 (19:08):
Oh well, I need to play it's like a broadside
against kb J.
Speaker 2 (19:12):
I don't I don't want to ruin that.
Speaker 3 (19:14):
Oh you had to let her go. No, let her cook,
Let Kelly cook.
Speaker 2 (19:18):
Let Kelly cook.
Speaker 1 (19:19):
Okay, but I want you to know I read this
opinion and I'm ready to talk about it. But since
Kelly put all this work in, here we go.
Speaker 10 (19:28):
We will not dwell on Justice Jackson's argument. No, we're
just at odds with more than two centuries worth of president.
Not to mention the Constitution itself, we observe only this
Justice Jackson. He cries an imperial executive while embracing an
(19:51):
imperial judiciary.
Speaker 2 (19:54):
Wow, that was beautifully done.
Speaker 3 (19:56):
Lots of good annunciation.
Speaker 2 (19:58):
Yeah, the annunciation was Justice Barrett would have approved of that.
I think I'd like to think. So, yes, I was.
Speaker 10 (20:05):
Under dress, just so we all now, Yeah, you know
Raven was making fun of me, and yeah I had to.
Speaker 1 (20:14):
Yeah, let me read another portion of this opinion. And again,
if you just joined us, here's why this opinion is
so enormously important to the republic because whether you have
a Democrat president and we might again someday hopefully not,
or a Republican president, you have to have a president.
(20:35):
And if the new normal was to be that a
single district court judge anywhere could enjoin, could stop the
president nationwide, then all of a sudden, the presidency could
not function. That doesn't mean the president is now allowed
to do unconstitutional things or illegal things, not at all.
All it means is that the Congress did not give
(20:59):
the judiciary the power to allow a single district court
judge to stop a president nationwide. That's all this ruling means.
And even this ruling has some exceptions, but the general
rule now will be no, you can't do that. You
can't have these universal injunctions from a single district court judge.
And that's no insult to district court judges. Listen, I've
(21:22):
been doing this forty plus years. Every district court judge,
and that means a federal court judge who sits on
a trial court in one of the different districts across
the countries. You know, every district court judge. I've been
in front of anywhere in the nation has been extremely
high caliber. Whether they share my legal philosophy or not,
or share my political background, it doesn't matter. They've been
(21:42):
extremely high quality individuals. So this is a very bipartisan
ruling in the sense that it just says, no, there's
a balance of power in this country. Congress got to
set the framework for the judiciary through the Judiciary Act,
and it didn't give judges, individual district court judges this power.
Presidents can still be held fully responsible, as they should be,
(22:06):
for any unconstitutional or otherwise illegal act, but it can't
be stopped nationwide by an individual judge.
Speaker 2 (22:13):
There's a way to stop it.
Speaker 1 (22:15):
You go through the process and then you can have
the US Supreme Court stop it, but not an individual judge. Now,
the judge can stop it as it pertains to the
individuals in front of the court.
Speaker 2 (22:26):
So let's say in the birthright.
Speaker 1 (22:28):
Citizenship case, the people who litigated these cases, Yes, that
district court judge who said that the president's executive order
is unconstitutional. In that case, those litigants their children will
now be considered citizens. But you can't apply that to
the whole nation when it's just one judge.
Speaker 2 (22:48):
Now, the U S.
Speaker 1 (22:49):
Supreme Court can stop a president nationwide. There's a process
for that. But the court laying down such an important ruling,
whether it's a Republican or Democrat president, that know, it
was never intended to work the way it's working now,
three or three someone three eight, two, five, five. But
then in the middle of that, we saw something really
unusual because, as you know, normally, when these Supreme Court
(23:12):
justices criticize each other, there's a certain protective coding on it,
and they make the legal point they need to make,
and they make the factual point they need to make.
They may make a philosophical point, they may throw in
a little poetry, and there can be some sharp elbows.
Speaker 2 (23:30):
But this was raw, and I'm about to redo a
piece of it. This was raw.
Speaker 1 (23:35):
And what it was was Justice Barrett writing for the majority.
But it's the whole majority, all six who signed onto
this opinion.
Speaker 2 (23:43):
That then just roast Justice Jackson here.
Speaker 1 (23:48):
I mean, I don't know any other way to say
it than just very very direct criticism that was even mocking.
And then why do you think they did this? Because
these are all high caliber people, right, These are all
high caliber individuals, so that they're not going to engage
in schoolyard taunts or anything like that. They're trying to
make an important point here with this unusually personal reaction
(24:13):
to Justice Jackson. And remember the way this stuff works
is the majority gets to have the final word. So
the majority opinion that Justice Barrett writes and the others
join is written after she has a chance to see
the descent, and this is part of what she wrote.
Justice Jackson, however, chooses a startling line of attack that
(24:35):
is tethered neither to these sources nor frankly, to any
doctrine whatsoever, waving away attention to the limits on judicial
power as a quote mind numbingly technical query. She offers
a vision of the judicial role that would make even
the most ardent defender of judicial supremacy blush. And then
(24:57):
they quote part of the dissent. But this goes so
much further than majorities normally go, saying things like it's hey,
this isn't tethered at all to the law, and then
kind of mocking her by saying she waves away that
the limits on judicial power is a quote mind numbingly
(25:19):
technical query, And again, that's that's the kind of shot
you normally don't see justices.
Speaker 2 (25:28):
Take at each other.
Speaker 1 (25:29):
But what appears to have really and I'll get tomorrow
this really frustrated the majority is is that Justice Jackson
is claiming in her descent that the majority at this
point is authorizing lawlessness. And I think that that deeply
bothered the majority because because they're not doing that at all.
(25:49):
What they're saying is the opposite is we as judges
have to follow the law too. We can't be exercising
power beyond what the law gives us. And that's why
they talk repeatedly of her Justice Jackson's position of judicial supremacy.
That under her position, as the majority sees it, and
(26:12):
I agree that courts could, excuse me, go beyond the
power the law gave them if they were trying to
stop a president. And then they say down here, And
this is another really hard shot rhetoric. Aside, Justice Jackson's
position is difficult.
Speaker 2 (26:31):
To pin down.
Speaker 1 (26:33):
She might be arguing that universal injunctions are appropriate, even required,
when the defendant is part of the executive branch. If so,
her position goes far beyond the mainstream defense of universal
injunctions as best we can tell, though her argument is
more extreme still because its logic does not depend on
the entry of a universal injunction. Justice Jackson appears to
(26:55):
believe that the reasoning behind any court order demands universal
adherent at least as the executive where the executive is concerned.
And then she drops the hammer that Kelly recorded earlier
and that you're seeing quoted in a lot of the
media coverage. I just wanted to take you deeper here.
Speaker 8 (27:12):
But.
Speaker 3 (27:14):
Than the hammer quote.
Speaker 1 (27:16):
We will not dwell on Justice Jackson's argument, which is
at odds with more than two centuries worth the precedent
not to mention the Constitution itself.
Speaker 2 (27:25):
We observe only this.
Speaker 1 (27:28):
Justice Jackson decries an imperial executive while embracing an imperial judiciary,
So tough stuff.
Speaker 2 (27:37):
I think the.
Speaker 1 (27:38):
Majority, I think you have two things going on here
with that intensity. One is, I think Justice Barrett, who
has taken a lot of heat for joining with Justice
Jackson said of my Ora and keg and in some
opinions as saying, wait a second, I'm out here being
intellectually honest, and then you write a dissent like that.
But the other part is, I think the majority he
(28:00):
just wants to send a message. We will show normal
deference and respect to judicial colleagues when you're disagreeing based
on law or fact or even judicial philosophy. But when
you go outside those bounds and you engage in this
kind of rhetoric like we're jeopardizing the republic and we're
authorizing lawlessness and it's not hooked to anything legal. No,
(28:23):
we're going to make sure the world knows that. So
they're drawing some lines here and it'll be interesting to
see how that affects things going forward.
Speaker 2 (28:31):
You're on the Dan Capla Show.
Speaker 3 (28:34):
And now back to the Dan Kapla Show podcast.
Speaker 2 (28:37):
We have a mayor or a mouse.
Speaker 1 (28:38):
I think the question answers itself. So think about this story. Right,
So tomorrow, all these little kids looking forward to going
to the zoo and all their families, well they're not
going to be able to go after one o'clock tomorrow
because Mayor Johnston won't stand up to the mob. You
got a mob of roving young people. They took over
Northfields Mall last week and then they fight and they
(29:00):
advertise where they're going next. So rather than just send
the message, yeah, you got this great police department, one
of the best anywhere, and I'm sure, they'd love to
stand up to this mob. But rather than the mayor
standing up to the mob and saying, oh, no, I'm
not closing city park. I'm not closing the zoo on
a Saturday or any day not in my town, rather
than doing that, he lets the mob win. So kids, yeah,
(29:22):
just go home and watch animals on TV or something.
What a horrible precedent. But do not blame the zoo.
They do great work at the zoo. Don't blame the zoo.
This isn't on them. Don't blame the men and women
in blue. It's not on them. This is on the
mayor and the governor, with his platform.
Speaker 2 (29:35):
Should at least be speaking out on this.
Speaker 9 (29:37):
This just in It just shows that we kind of
live in two different Colorados. Here, Dan de petting on
what county you live in? I think it could be
as that as specific. I texted the sheriff, Steve Reims,
will be filling in for you Monday through Wednesday.
Speaker 3 (29:49):
I thought he was a pertinent person to ask.
Speaker 9 (29:51):
I said, hey, yes, if the zoo were in Weld County,
how would this be handled? These punk teams looking to
go jets and sharks? His answer, quote, well, the zoo
wouldn't be closing.
Speaker 1 (30:01):
Yeah and that, and it'd probably be like I suggested
to the zoo's spokesperson, who was kind enough to come
on the show. You know, hey, you got the secret
weapons there. Just open the cages, let them add, let
them eat, let them eat, yeah, exactly, let.
Speaker 9 (30:19):
Them eat the mob againans own alligator Alcatraz and just
sell the video, sell the video.
Speaker 1 (30:28):
Holy cow, they could pave the streets in Gold over there.
Speaker 3 (30:31):
True Darwinism at work, right man.
Speaker 1 (30:34):
I'm telling no jury would convict him. It could just
be an accident.
Speaker 3 (30:40):
I would just be concerned about the animals getting hurt.
Everything else about that idea I love.
Speaker 1 (30:44):
I'd picked the animals on an ad Lord. I didn't
fully appreciate it till we took that amazing trip to Africa.
Speaker 2 (30:53):
But these giraffes, you want nothing to do with them.
I mean, they are big and tall, and they can
kick rhinos. Those all it could probably kick your car
over rhinos.
Speaker 1 (31:03):
Oh, elephants. You get the whole game together, the whole gang.
Oh man, let's do this. I would pay to see that. Dan,
you are on fire today, mayor or Mouse, the dishonorable mouse,
Mike Johnston.
Speaker 2 (31:14):
Gives teenage mob the key to the city of Denver.
So very true.
Speaker 3 (31:20):
Looking for cheese. You can trap him easily.
Speaker 2 (31:22):
Yeah, yeah.
Speaker 1 (31:24):
And then switching to the big US Supreme Court decision day, Dan,
I've been hearing the Dems are now going to use
class action suits to litigate these issues. We can deep
dive that more later. I don't think they're gonna have
any luck with that.
Speaker 9 (31:34):
Well, real quick, Phil none the wiser. The ag has
vowed that he's gonna disregard the Scotus Order when it
comes to the birthright citizenship. He's just gonna punt it,
ignore it.
Speaker 1 (31:48):
Well, that'd be consistent, right, These guys are just so
totally lawless.
Speaker 2 (31:53):
Yeah, I thought that would be very consistent.
Speaker 9 (31:55):
Democrats promised us a return to nor respect for our institute,
who they have a big different definition of norms if
you haven't noticed, my.
Speaker 1 (32:03):
Friend, And that's why this US Supreme Court decision today
was so huge, because think if it became the norm
in this country. And I have such great respect for
district court judges everyone I've been in front of everywhere
in the country, no matter who appointed them. They've been
very high caliber. But we can't have a functioning presidency,
whether it's a Democrat or Republican. If a single district
(32:25):
court judge can stop presidential action nationwide, Now, if presidential
action is unconstitutional or illegal, should be stopped, but it
cannot be stopped under the law the power given to
the judiciary, an individual judge cannot stop at nation wide
unless and this is going to be a small percentage
of the cases, that's the only way to give the
(32:46):
relief to the litigants in front of them. So the
power of the judiciary, as I think the majority explains
so well today, is say you've got this individual district
court judge in the federal court system, and she has
these people gating in.
Speaker 2 (33:00):
Front of her their rights.
Speaker 1 (33:02):
Well, the judge is entitled to determine who wins and
to make sure their rights are protected. And in rare
cases that may mean there's a need for a nationwide
impact for that particular plaintiff, but that's going to be
really rare, is even I think the dissentic knowledge today.
So no, all the majority saying is judges have to
(33:26):
follow the judiciary has to follow the law to and
Congress did not give the judiciary the power to have
individual judges stopped the president nationwide real quickly.
Speaker 2 (33:36):
That's what it says.
Speaker 9 (33:37):
On the issue of Joe Biden with student loan forgiveness,
that worked its way up through the courts. There was
an injunction issued, but that got all the way to
Scotis and then they still try to defy it.
Speaker 2 (33:46):
Right, it is a lawless party.
Speaker 1 (33:48):
It's anti science, it's anti law, it's anti faith, it's
anti a lot of things. I'm not talking about individual Democrats.
I'm talking about the people control the party. Did you
see this statement from President Trump right now that he
saved the Ayatola from a quote ugly death.
Speaker 2 (34:05):
Probably, yeah, yeah.
Speaker 1 (34:07):
I'm not sure the Ayatola feels completely saved at this point. Hey,
have a great weekend, my friend. Thanks for everything, and thanks.
I'm going to be in trial prep at the beginning
of next week, so Sheriff Steve Riems will be in
and I can just pause. I can hear the applause
ringing off of I twenty five and elsewhere in the state. Kelly,
you're the best. Hey, you have a tremendous weekend. Didn't
catch you soon? On The Dan Kapital Show,
This is Dan Capless and welcome to today's online podcast
edition of The Dan Caplis Show. Please be sure to
give us a five star rating if you'd be so kind,
and to subscribe, download, and listen to the show every
single day on your favorite podcast platform.
Speaker 2 (00:14):
Not this fighting.
Speaker 1 (00:16):
We're winning, I mean, and I'm sure you've been fighting
in your own way for a long time, but we're
winning right now. And it is a beautiful thing to behold,
and above all, it's great for the country. But please,
I hope you can savor it a little bit because
the last three days, right, and this has been a
constant refrain on the show for a long time, but
the last three days it's been like, hey, are you
(00:36):
tired of winning yet? And then you get these big
US Supreme Court decisions today as well as wins on
other fronts.
Speaker 2 (00:43):
So yeah, this is a great thing.
Speaker 1 (00:45):
And it feeds on itself and in the ways we
discussed earlier, So very bright future ahead. Could it be
screwed up, sure, but a very bright future ahead if
things keep tracking, And yeah, we got to do our
stuff too, right three all three, someone, three eight two
five five texts DA and five seven, seven, three nine
and then thank you to the Texters who alerted me
(01:05):
this big issue. I think it's one of the most
important local issues in a long time here in Colorado,
and I call local all of Colorado, and I think
the governor needs to get involved in this as well.
And so what we found out from our listeners about
twenty five minutes ago is that the beloved Denver Zoo
has to close tomorrow.
Speaker 2 (01:24):
It has to close at one.
Speaker 1 (01:25):
Why because a bunch of punk thug criminals, a mob
has threatened to take over city Park like they took
over Northfield Mall.
Speaker 2 (01:35):
I think it was on Sunday night, might have been Saturday.
Speaker 1 (01:37):
Well, first of all, you can't have mob rule anywhere,
including the city of Denver. And it is obscene the children.
Think about the children and how much you love to
go to the zoo as a child, and we love
to take our kids to.
Speaker 2 (01:52):
The zoo as adults.
Speaker 1 (01:53):
So now you've got all these kids and parents who
can't go to the zoo tomorrow because a bunch of
criminal thugs are going.
Speaker 2 (01:59):
To take over park.
Speaker 1 (02:01):
Well, what what self respecting mayor, even if they're not
self respecting, what mayor with any sense of civic responsibility
what governor would sit back and allow this to occur.
And if you're the mayor, you have direct control, right,
this is your city. This is the same mayor who
said he was going to use Denver police to go
(02:21):
out and stop federal law enforcement from enforcing federal.
Speaker 2 (02:25):
Law in Denver.
Speaker 1 (02:25):
The same mayor who said he was going to rally
tens of thousands to the street to stop federal law
enforcement from enforcing federal law. And he's going to sit
back and allow these punk thugs to take close the zoo.
And don't blame the zoo. This is not the zoo's faull.
The zoo has to protect those animals, it has to
protect their customers. It's not the zoo's fall, it's the
(02:48):
mayor's fault. And don't dare blame the police. You know,
you know what the police sign up for. My dad
was a cop for thirty years. Every one of these
men and women, they sign up to go out and
put their life on the line to enforce the law.
One thousand percent certain law enforcement wants to be out
there tomorrow.
Speaker 2 (03:03):
Keeping the zoo open. So blame the mayor he gets
elected to.
Speaker 1 (03:08):
I mean, the most corresponsibility of a mayor is to
protect the people and protect the operation of the city.
And this mayor won't stand up to a mob of
young punks who advertise where they're going. They advertise that
they were going to take over Northfields Mall, and they
did what an embarrassment to the city. And now they've
(03:30):
advertised they're going to take over City Park. But rather
than stop them, the mayor saysn't okay. Yeah, so all
these kids now can't go to the zoo. That is pathetic.
So what do we do about it? And where's the governor?
Speaker 2 (03:42):
Right?
Speaker 1 (03:43):
I mean, I understand it's the mayor's immediate jurisdiction, but
any governor who cared at all about the people of
his state would at least step up and use the
platform and say we can't allow this to happen. We
can't allow this precedent to be it's already been set
at Northfields.
Speaker 3 (04:02):
We got to draw the line.
Speaker 2 (04:03):
We're going to keep that zoo open and we're going
to use every bit of force we have to use
to stop these thugs.
Speaker 1 (04:10):
Now, wow, incredible three oh three seOne three eight two
five five. The obvious president right that got away with
it at Northfields so now the mayor is going to
let him get away with it here, and then what's
that going to do. Oh yeah, I'm sure that's going
to cause smaller mobs to now form in the future. Right,
That's going to cause them to just say, oh no,
it's no fun because we're able to shut down them all.
(04:33):
We're able to shut down the zoo. We'll just stop now. No,
obviously it's just going to embolden them. So tells you
everything you need to know about Democrats in charge, right,
And when when I was a kid, I never would
have said that. From a family of proud Democrats. My
dad a great Democrat, and so many law enforcement officers,
(04:55):
at least back in Chicago Democrats.
Speaker 2 (04:57):
But think about the decay in that part. Think about what.
Speaker 1 (05:00):
It's it's gone to right now where it started like
when I was a little kid. John Kennedy is president, right,
John Kennedy put his life on the line to fight
the communists.
Speaker 2 (05:13):
And then you know what do you have now?
Speaker 1 (05:15):
You have that the face of the Democratic Party is
an avowed socialist who's probably even more of a communist
communist and an open am anti semi who's going to
be mayor in New York. So look at the decay
in that Democratic Party and then of course the decay
in Denver as a result of being ruled by Democrats,
and think about what it means politically, Ryan, because I
(05:36):
got to tell you this is such a no brainer
politically right now, what a gift to Mike Johnston if
he wanted to do the right thing, because he could
be an instant hero. He could just let law enforcement
do what law enforcement wants to do and stand up
to the mob and stop the mob and keep that
zoo open.
Speaker 2 (05:54):
And politically, in any kind of sane world, it would.
Speaker 1 (05:57):
Be a tremendous political gain for him, right But with
these radical lefties controlling the Democratic Party, it now becomes a.
Speaker 2 (06:06):
Political loser for him. Think about how twisted that means.
Speaker 1 (06:10):
The Democrats are not the rank and file, but the
people who won't and operate the party. Dan, you're on
the Dan Kapla show.
Speaker 2 (06:16):
Welcome they Dad.
Speaker 4 (06:19):
I really can't even talk what you just said. I
was going to just talk to you about this. I mean,
how does the mayor cow down to a mob of teenagers.
I mean it just shows so much weakness, right, And
I mean, you know, the good law abiding citizens. I
guess they get punished, not the you know.
Speaker 2 (06:40):
The mob, right, I mean exactly, but they just keep
electing these guys.
Speaker 4 (06:44):
I mean, I mean, hopefully this is their last stint.
You know, they've they've basically ruined everything, and hopefully people
wake up to this. So you kind of you kind
of put icing on all of the take. I was
gonna talk about, have a great.
Speaker 2 (06:55):
Weekend, Thankstein, you two that that is so true though, right,
the law abiding citizens get punished. All these little kids
who are looking forward to the zoo and you can
remember it right as a kid. I mean, going to
the zoo is a big deal. You bet.
Speaker 1 (07:08):
These kids have been looking forward to it all week
and the parents looking forward to taking them. But now
they can't go because the mob wins. With Mike Johnston's mayor,
the mob wins.
Speaker 2 (07:18):
And don't blame the zoo.
Speaker 1 (07:19):
They're just doing what they have to do to protect
the animals and their patrons, and the zoo blame the mayor.
Speaker 2 (07:24):
He's letting the mob win.
Speaker 1 (07:25):
Stunning Tammy and Denver and politically, great question, Dean raises,
will it cost Johnston politically in Denver?
Speaker 2 (07:34):
Don't bet on it, right, Tammy? Welcome to the show.
Speaker 5 (07:38):
Hi, Dan, I was just thinking out loud. Well, first
of all, I want to say, they're not just kids.
I mean, these are not just young people. There's a
lot of old people out there too, and they're old
and I'm old, but they're even older than me.
Speaker 3 (07:53):
But anyway, Oh, don't.
Speaker 1 (07:55):
Timmy educate me because all I've known is what I've
read on these mobs. So you're saying the these criminals
who who are now taking over big spots in Denver
and fighting, it's not just young criminals, No.
Speaker 5 (08:08):
No, they're they're like there's a lot of I'm going
to say, like seventy the seventies, early seventiesh people, sixty
five that.
Speaker 2 (08:17):
In these mops out there fighting.
Speaker 5 (08:19):
Yes, yes, holy can Well no, they're not the fighting parts,
but they're the part of the protesting parts.
Speaker 1 (08:26):
Well are we talking about the same thing, because my
understanding of these mops is that it's these are young
criminals and they take over these places. The first was
Northfield and then they fight.
Speaker 2 (08:39):
Oh no, different deals.
Speaker 6 (08:41):
I don't know.
Speaker 5 (08:41):
Yeah, we're talking. Yeah, like the reason why I called this,
do we have to worry about the museum as well?
Because it's going to be really warm tomorrow, and my
grand baby and I were actually going to go to
the museum.
Speaker 1 (08:57):
Wow, well it'll probably be easier to get in.
Speaker 5 (09:01):
Well, yeah, but I don't know to the Yeah.
Speaker 2 (09:06):
Maybe they'll have any exhibit.
Speaker 1 (09:08):
Maybe they'll have an exhibit from like thirty years ago
when when the mayors of Denver used to enforce the law.
But Tammy appreciate the call. Sorry about that, Timmy appreciate
the call.
Speaker 2 (09:18):
Thank you.
Speaker 1 (09:18):
Want to squeeze everybody, And when we come back, we'll
start with Joe in monument and then get to our
other callers and text. But if you just joined us,
thank you. But here's what's going on. The beloved Denver
Zoo has to close tomorrow. Not their fault, they have
to close tomorrow because of a mob of lawbreakers has
said that they're going to take over city Park. So
(09:39):
Mayor Johnston, rather than stopping the mob, punishes the innocent
civilians and the kids. So the kids now can't go
to the zoo because Johnston's going to let the mob
do what they want to do.
Speaker 2 (09:54):
Do we have a mayor or a mouse? You're on
the Dan Capitla Show.
Speaker 3 (10:00):
And now back to the Dan Kaplas Show podcast.
Speaker 7 (10:03):
We're learned tonight that the Denver Zoo is going to
close seven hours early Saturday ever concerns about a planned
takeover event. The zoo tells us Denver Police warn them
about an event called City Park Takeover that's circulating right now.
Speaker 2 (10:16):
On social media.
Speaker 7 (10:17):
Now, as a precaution, they're going to close at one
pm instead of eight pm to avoid any potential problems.
We first told you about these takeover events after hundreds
of teenagers showed up at the shops at Northfield all
over the weekend. Multiple flights broke out and Denver police
were forced to come in and break it up.
Speaker 1 (10:34):
See, this is an outrage, total outrage. Don't blame the
zoo and don't blame the cops. Blame Marr Johnston. He
won't stand up to this mob and say not on
my watch. I'm going to do whatever I have to
do to make sure people can go to the zoo
and people can use City Park on a beautiful Saturday
Sunday in late June, one of the latest days of
the year.
Speaker 2 (10:53):
And so now kids can't think.
Speaker 1 (10:56):
About the beautiful night it's going to be at the
zoo tomorrow and kids can't go Johnston, won't stand up
to this mob. That's just sick and it just encourages
more lawlessness. It's absolutely backwards. Again, don't blame the zoo.
This is on Johnston. Three or three someone three A,
two five five the number? Want to get to more text,
more calls and big US Supreme Court decisions today and
(11:19):
I broke down in great detail. And I say great
because the details are great and it's of monumental importance
to this nation. This decision today that that no individual
district court judges cannot enjoin, cannot lock up and stop
a president, being a Democrat or Republican president nationwide, that
they can just.
Speaker 2 (11:38):
Impact the litigants in front of them.
Speaker 1 (11:40):
There are some exceptions to that, but the general rule
now is no that that Congress, when it passed the
Judiciary Act and gave the judiciary this particular power, that
Congress never intended nor did it give the power for
an individual judge to roll on anything other than the
against in front of the judge. So I read extensively
(12:03):
from the opinion earlier that would have started at about
four h six. I'll get back to it in a bit.
But this issue is so local and so important, Joe
and monument. You're on the Dan Kaplis show.
Speaker 2 (12:13):
Welcome Dan. You know it's funny you asked.
Speaker 6 (12:16):
Where Governor Polus would be on this, and I'm thinking,
do you remember the riots and nger than he hid?
Speaker 2 (12:24):
He hid for days?
Speaker 6 (12:26):
You know, maybe we should call President Trump up and
ask you to activate the color out of National Guard
because our governor and I Revember don't have the kahonas
to stand up to these people.
Speaker 1 (12:38):
I'm telling you, man, and you know what, think about
what it tells you politically, Joe, because this should be
such an easy political no brainer. First, Johnston and Polish
should do the right thing for the right reason. But
politically you would think, Okay, I'm going to stand up
to a mob so people can use city park, including
the zoo, on a beautiful June Saturday. That's got to
(12:59):
be a ninety two ninety nine to one issue in
your favor, right, But the radical left that controls the
Democratic Party now is so whack. Johnson views this as
a political loser.
Speaker 6 (13:12):
And as a citizen of the state of Colorado who
has worked in Denver, who has watched Denver go down
to cheaps, this is just another reason for me not
to go to my state capitol.
Speaker 1 (13:25):
Yeah, man, Joe, appreciate the call. This is crazy and
it's just so wrong in its core, right, But the
political price Now, obviously Johnston does the calculation and thanks
so in the Democratic Party now in Colorado, and their
calculation is, and it's right until it's proven wrong, that
it's all about winning the primary, and whoever wins the
(13:46):
primary is going to win the general. And that if
you have enough money, you're going to win the primary.
It's the police model, right, And so where's the big
money on the left. It's from these crazy psycho radical
lefties and who don't want status quote, they want to
break down of order. They don't want the kind of
America the rest of us want. Across party lines, that's
(14:08):
where the money is, so that's where the power is.
So that's who Johnston caters to. And look what it
does to the people at Denver, and it should really
tick you off. That real world impact. All these kids,
all these families that won't be able to go to
the zoo after one o'clock tomorrow because Johnston chooses to
punish the innocent and reward the criminals. Three at three seOne,
(14:28):
three eight, two five five the number. How frustrating ryan
for law enforcement because as a dad who was a
cop for thirty years, these are men and women who
could do a lot of different things in their life,
and they sign up to risk their lives in order
to stop bad people from doing bad things, and then
so often in these blue controlled cities they're not allowed
(14:50):
to do that.
Speaker 2 (14:51):
Because of politics.
Speaker 1 (14:53):
So how frustrating for law enforcement because you can bet
every man and women on that force would want to
stand up and do what they had to do to
make sure kids and families could go to the zoo
and the criminals were not rewarded. Dan Hopefully the city
has plans for a response if gangs break into the
closed zoo. Not too hard to imagine that possibility, Marty, Marty,
I have no doubt whatsoever that the men and women
(15:14):
in Blue DPD would not allow that to happen and
would stop it from happening. My frustration is, and that's
an understatement, is that Johnston is not going to put
the word out that you're not taking over the park,
you're not closing the zoo. Put the word out to
the mops. We're going to do what.
Speaker 2 (15:32):
We have to do to stop you from even getting
to that point.
Speaker 1 (15:36):
Yeah, three or three? Someone three eight, two, five five
the number. Let's go to David in the Springs here
on the dan Kaplis show.
Speaker 2 (15:42):
Welcome.
Speaker 8 (15:44):
Hey, how are you Dan?
Speaker 3 (15:45):
I'm living the dream?
Speaker 2 (15:45):
How about you?
Speaker 8 (15:47):
You know what? We should just have one hundred and
fifty Americans with sense in their head decide to go
to the zoo, you know, A couple of ranchers, a
few guys from the local gym decide, why don't they
go down to the room and all fast that last.
Speaker 2 (16:08):
Hey, I love the way you're thinking.
Speaker 1 (16:10):
I'll tell you this, David right now, that if if
I thought it would be permitted, and I don't know
if we could pull it together this quickly, I'd go
down there and join you, and I would act within
the law. You can't take the law into your own hands,
but just as a citizen just wanting to stand up
for what's right, I'd go down there and at least
be present. I wouldn't take any action that would violate
(16:30):
the law. But I'm quite sure that the way it's
going to be set up tomorrow, that would not be
an option and would probably just make things worse.
Speaker 8 (16:39):
Yeah, thanks brother, Kay, appreciate the call.
Speaker 1 (16:41):
Thank you for that. Appreciate the call. And again, last
thing I want to do is complicate things for law
enforcement because it it just drives me crazy the way
they have their hands tied by these politicians. Remember if
the area takeover, you got all these kids, and the
kids at area work so hard. Most of them are
working jobs, every dollar matters, trying to get their degree.
In Johnston, once again he bends the knee in front
(17:04):
of the lawbreakers, and the lawbreakers get to have their
way hands off from Johnston.
Speaker 2 (17:09):
When you know the police.
Speaker 1 (17:10):
Would love to just step in and do what they
signed up to do and force the law. Let the
good law abiding citizens enjoy the city of Denver and
punish the lawbreakers. But with Johnston, it's backwards. It's the
other way around. And tomorrow is exhibit A.
Speaker 2 (17:26):
Did you used to go to the zoo?
Speaker 3 (17:28):
Rne?
Speaker 9 (17:28):
I love this, Oh me too as a kid. This
whole story is really bumming me out man.
Speaker 1 (17:33):
Yeah, yeah, and yeah, because and I bet everybody listen
in the same way. Some of your fondest memories are
at the zoo, And just think of all those little
kids planning to go tomorrow and now they can, and
how many beautiful late because we're only a few days
past the solstice? Late beautiful summer evenings like this do
(17:53):
you get? But no, kids can't be at the zoo
because Johnston's letting the mob rule.
Speaker 2 (17:59):
Yeah.
Speaker 1 (18:00):
Hey, when we come back, I do want to take
you back to It's a monumentally important US Supreme Court
decision today. Get you a little bit of language out
of the case because it was red hot. You're on
the Dan Kapler Show.
Speaker 3 (18:18):
You're listening to the Dan Kaplis Show podcast.
Speaker 10 (18:21):
You're not twelve on Justice Jackson's argument, which is said,
odds with more than two centuries worth of president not
to mention the Constitution?
Speaker 3 (18:34):
Is that AI? Oh that's Kelly Cacerra.
Speaker 9 (18:36):
Oh okay, but your associate producer slash callscram I'm.
Speaker 2 (18:41):
Sorry, Kelly, I don't recognize that as you I guess.
Speaker 1 (18:45):
I guess I was waiting for Justice Barrett's voice and
I just got thrown.
Speaker 3 (18:50):
Well, you know that we don't have audio from that,
We just have the script.
Speaker 2 (18:53):
But that's what I was wondering, Ryan, because sometimes, as
you know, justices will read opinions from the bench.
Speaker 1 (18:59):
It's rare rich justice. So tom Or read her descent
from the bench today. But yeah, so wow, Kelly, great job.
Speaker 2 (19:05):
Thank you.
Speaker 3 (19:06):
She did the whole thing in that paragraph.
Speaker 9 (19:08):
Oh well, I need to play it's like a broadside
against kb J.
Speaker 2 (19:12):
I don't I don't want to ruin that.
Speaker 3 (19:14):
Oh you had to let her go. No, let her cook,
Let Kelly cook.
Speaker 2 (19:18):
Let Kelly cook.
Speaker 1 (19:19):
Okay, but I want you to know I read this
opinion and I'm ready to talk about it. But since
Kelly put all this work in, here we go.
Speaker 10 (19:28):
We will not dwell on Justice Jackson's argument. No, we're
just at odds with more than two centuries worth of president.
Not to mention the Constitution itself, we observe only this
Justice Jackson. He cries an imperial executive while embracing an
(19:51):
imperial judiciary.
Speaker 2 (19:54):
Wow, that was beautifully done.
Speaker 3 (19:56):
Lots of good annunciation.
Speaker 2 (19:58):
Yeah, the annunciation was Justice Barrett would have approved of that.
I think I'd like to think. So, yes, I was.
Speaker 10 (20:05):
Under dress, just so we all now, Yeah, you know
Raven was making fun of me, and yeah I had to.
Speaker 1 (20:14):
Yeah, let me read another portion of this opinion. And again,
if you just joined us, here's why this opinion is
so enormously important to the republic because whether you have
a Democrat president and we might again someday hopefully not,
or a Republican president, you have to have a president.
(20:35):
And if the new normal was to be that a
single district court judge anywhere could enjoin, could stop the
president nationwide, then all of a sudden, the presidency could
not function. That doesn't mean the president is now allowed
to do unconstitutional things or illegal things, not at all.
All it means is that the Congress did not give
(20:59):
the judiciary the power to allow a single district court
judge to stop a president nationwide. That's all this ruling means.
And even this ruling has some exceptions, but the general
rule now will be no, you can't do that. You
can't have these universal injunctions from a single district court judge.
And that's no insult to district court judges. Listen, I've
(21:22):
been doing this forty plus years. Every district court judge,
and that means a federal court judge who sits on
a trial court in one of the different districts across
the countries. You know, every district court judge. I've been
in front of anywhere in the nation has been extremely
high caliber. Whether they share my legal philosophy or not,
or share my political background, it doesn't matter. They've been
(21:42):
extremely high quality individuals. So this is a very bipartisan
ruling in the sense that it just says, no, there's
a balance of power in this country. Congress got to
set the framework for the judiciary through the Judiciary Act,
and it didn't give judges, individual district court judges this power.
Presidents can still be held fully responsible, as they should be,
(22:06):
for any unconstitutional or otherwise illegal act, but it can't
be stopped nationwide by an individual judge.
Speaker 2 (22:13):
There's a way to stop it.
Speaker 1 (22:15):
You go through the process and then you can have
the US Supreme Court stop it, but not an individual judge. Now,
the judge can stop it as it pertains to the
individuals in front of the court.
Speaker 2 (22:26):
So let's say in the birthright.
Speaker 1 (22:28):
Citizenship case, the people who litigated these cases, Yes, that
district court judge who said that the president's executive order
is unconstitutional. In that case, those litigants their children will
now be considered citizens. But you can't apply that to
the whole nation when it's just one judge.
Speaker 2 (22:48):
Now, the U S.
Speaker 1 (22:49):
Supreme Court can stop a president nationwide. There's a process
for that. But the court laying down such an important ruling,
whether it's a Republican or Democrat president, that know, it
was never intended to work the way it's working now,
three or three someone three eight, two, five, five. But
then in the middle of that, we saw something really
unusual because, as you know, normally, when these Supreme Court
(23:12):
justices criticize each other, there's a certain protective coding on it,
and they make the legal point they need to make,
and they make the factual point they need to make.
They may make a philosophical point, they may throw in
a little poetry, and there can be some sharp elbows.
Speaker 2 (23:30):
But this was raw, and I'm about to redo a
piece of it. This was raw.
Speaker 1 (23:35):
And what it was was Justice Barrett writing for the majority.
But it's the whole majority, all six who signed onto
this opinion.
Speaker 2 (23:43):
That then just roast Justice Jackson here.
Speaker 1 (23:48):
I mean, I don't know any other way to say
it than just very very direct criticism that was even mocking.
And then why do you think they did this? Because
these are all high caliber people, right, These are all
high caliber individuals, so that they're not going to engage
in schoolyard taunts or anything like that. They're trying to
make an important point here with this unusually personal reaction
(24:13):
to Justice Jackson. And remember the way this stuff works
is the majority gets to have the final word. So
the majority opinion that Justice Barrett writes and the others
join is written after she has a chance to see
the descent, and this is part of what she wrote.
Justice Jackson, however, chooses a startling line of attack that
(24:35):
is tethered neither to these sources nor frankly, to any
doctrine whatsoever, waving away attention to the limits on judicial
power as a quote mind numbingly technical query. She offers
a vision of the judicial role that would make even
the most ardent defender of judicial supremacy blush. And then
(24:57):
they quote part of the dissent. But this goes so
much further than majorities normally go, saying things like it's hey,
this isn't tethered at all to the law, and then
kind of mocking her by saying she waves away that
the limits on judicial power is a quote mind numbingly
(25:19):
technical query, And again, that's that's the kind of shot
you normally don't see justices.
Speaker 2 (25:28):
Take at each other.
Speaker 1 (25:29):
But what appears to have really and I'll get tomorrow
this really frustrated the majority is is that Justice Jackson
is claiming in her descent that the majority at this
point is authorizing lawlessness. And I think that that deeply
bothered the majority because because they're not doing that at all.
(25:49):
What they're saying is the opposite is we as judges
have to follow the law too. We can't be exercising
power beyond what the law gives us. And that's why
they talk repeatedly of her Justice Jackson's position of judicial supremacy.
That under her position, as the majority sees it, and
(26:12):
I agree that courts could, excuse me, go beyond the
power the law gave them if they were trying to
stop a president. And then they say down here, And
this is another really hard shot rhetoric. Aside, Justice Jackson's
position is difficult.
Speaker 2 (26:31):
To pin down.
Speaker 1 (26:33):
She might be arguing that universal injunctions are appropriate, even required,
when the defendant is part of the executive branch. If so,
her position goes far beyond the mainstream defense of universal
injunctions as best we can tell, though her argument is
more extreme still because its logic does not depend on
the entry of a universal injunction. Justice Jackson appears to
(26:55):
believe that the reasoning behind any court order demands universal
adherent at least as the executive where the executive is concerned.
And then she drops the hammer that Kelly recorded earlier
and that you're seeing quoted in a lot of the
media coverage. I just wanted to take you deeper here.
Speaker 8 (27:12):
But.
Speaker 3 (27:14):
Than the hammer quote.
Speaker 1 (27:16):
We will not dwell on Justice Jackson's argument, which is
at odds with more than two centuries worth the precedent
not to mention the Constitution itself.
Speaker 2 (27:25):
We observe only this.
Speaker 1 (27:28):
Justice Jackson decries an imperial executive while embracing an imperial judiciary,
So tough stuff.
Speaker 2 (27:37):
I think the.
Speaker 1 (27:38):
Majority, I think you have two things going on here
with that intensity. One is, I think Justice Barrett, who
has taken a lot of heat for joining with Justice
Jackson said of my Ora and keg and in some
opinions as saying, wait a second, I'm out here being
intellectually honest, and then you write a dissent like that.
But the other part is, I think the majority he
(28:00):
just wants to send a message. We will show normal
deference and respect to judicial colleagues when you're disagreeing based
on law or fact or even judicial philosophy. But when
you go outside those bounds and you engage in this
kind of rhetoric like we're jeopardizing the republic and we're
authorizing lawlessness and it's not hooked to anything legal. No,
(28:23):
we're going to make sure the world knows that. So
they're drawing some lines here and it'll be interesting to
see how that affects things going forward.
Speaker 2 (28:31):
You're on the Dan Capla Show.
Speaker 3 (28:34):
And now back to the Dan Kapla Show podcast.
Speaker 2 (28:37):
We have a mayor or a mouse.
Speaker 1 (28:38):
I think the question answers itself. So think about this story. Right,
So tomorrow, all these little kids looking forward to going
to the zoo and all their families, well they're not
going to be able to go after one o'clock tomorrow
because Mayor Johnston won't stand up to the mob. You
got a mob of roving young people. They took over
Northfields Mall last week and then they fight and they
(29:00):
advertise where they're going next. So rather than just send
the message, yeah, you got this great police department, one
of the best anywhere, and I'm sure, they'd love to
stand up to this mob. But rather than the mayor
standing up to the mob and saying, oh, no, I'm
not closing city park. I'm not closing the zoo on
a Saturday or any day not in my town, rather
than doing that, he lets the mob win. So kids, yeah,
(29:22):
just go home and watch animals on TV or something.
What a horrible precedent. But do not blame the zoo.
They do great work at the zoo. Don't blame the zoo.
This isn't on them. Don't blame the men and women
in blue. It's not on them. This is on the
mayor and the governor, with his platform.
Speaker 2 (29:35):
Should at least be speaking out on this.
Speaker 9 (29:37):
This just in It just shows that we kind of
live in two different Colorados. Here, Dan de petting on
what county you live in? I think it could be
as that as specific. I texted the sheriff, Steve Reims,
will be filling in for you Monday through Wednesday.
Speaker 3 (29:49):
I thought he was a pertinent person to ask.
Speaker 9 (29:51):
I said, hey, yes, if the zoo were in Weld County,
how would this be handled? These punk teams looking to
go jets and sharks? His answer, quote, well, the zoo
wouldn't be closing.
Speaker 1 (30:01):
Yeah and that, and it'd probably be like I suggested
to the zoo's spokesperson, who was kind enough to come
on the show. You know, hey, you got the secret
weapons there. Just open the cages, let them add, let
them eat, let them eat, yeah, exactly, let.
Speaker 9 (30:19):
Them eat the mob againans own alligator Alcatraz and just
sell the video, sell the video.
Speaker 1 (30:28):
Holy cow, they could pave the streets in Gold over there.
Speaker 3 (30:31):
True Darwinism at work, right man.
Speaker 1 (30:34):
I'm telling no jury would convict him. It could just
be an accident.
Speaker 3 (30:40):
I would just be concerned about the animals getting hurt.
Everything else about that idea I love.
Speaker 1 (30:44):
I'd picked the animals on an ad Lord. I didn't
fully appreciate it till we took that amazing trip to Africa.
Speaker 2 (30:53):
But these giraffes, you want nothing to do with them.
I mean, they are big and tall, and they can
kick rhinos. Those all it could probably kick your car
over rhinos.
Speaker 1 (31:03):
Oh, elephants. You get the whole game together, the whole gang.
Oh man, let's do this. I would pay to see that. Dan,
you are on fire today, mayor or Mouse, the dishonorable mouse,
Mike Johnston.
Speaker 2 (31:14):
Gives teenage mob the key to the city of Denver.
So very true.
Speaker 3 (31:20):
Looking for cheese. You can trap him easily.
Speaker 2 (31:22):
Yeah, yeah.
Speaker 1 (31:24):
And then switching to the big US Supreme Court decision day, Dan,
I've been hearing the Dems are now going to use
class action suits to litigate these issues. We can deep
dive that more later. I don't think they're gonna have
any luck with that.
Speaker 9 (31:34):
Well, real quick, Phil none the wiser. The ag has
vowed that he's gonna disregard the Scotus Order when it
comes to the birthright citizenship. He's just gonna punt it,
ignore it.
Speaker 1 (31:48):
Well, that'd be consistent, right, These guys are just so
totally lawless.
Speaker 2 (31:53):
Yeah, I thought that would be very consistent.
Speaker 9 (31:55):
Democrats promised us a return to nor respect for our institute,
who they have a big different definition of norms if
you haven't noticed, my.
Speaker 1 (32:03):
Friend, And that's why this US Supreme Court decision today
was so huge, because think if it became the norm
in this country. And I have such great respect for
district court judges everyone I've been in front of everywhere
in the country, no matter who appointed them. They've been
very high caliber. But we can't have a functioning presidency,
whether it's a Democrat or Republican. If a single district
(32:25):
court judge can stop presidential action nationwide, Now, if presidential
action is unconstitutional or illegal, should be stopped, but it
cannot be stopped under the law the power given to
the judiciary, an individual judge cannot stop at nation wide
unless and this is going to be a small percentage
of the cases, that's the only way to give the
(32:46):
relief to the litigants in front of them. So the
power of the judiciary, as I think the majority explains
so well today, is say you've got this individual district
court judge in the federal court system, and she has
these people gating in.
Speaker 2 (33:00):
Front of her their rights.
Speaker 1 (33:02):
Well, the judge is entitled to determine who wins and
to make sure their rights are protected. And in rare
cases that may mean there's a need for a nationwide
impact for that particular plaintiff, but that's going to be
really rare, is even I think the dissentic knowledge today.
So no, all the majority saying is judges have to
(33:26):
follow the judiciary has to follow the law to and
Congress did not give the judiciary the power to have
individual judges stopped the president nationwide real quickly.
Speaker 2 (33:36):
That's what it says.
Speaker 9 (33:37):
On the issue of Joe Biden with student loan forgiveness,
that worked its way up through the courts. There was
an injunction issued, but that got all the way to
Scotis and then they still try to defy it.
Speaker 2 (33:46):
Right, it is a lawless party.
Speaker 1 (33:48):
It's anti science, it's anti law, it's anti faith, it's
anti a lot of things. I'm not talking about individual Democrats.
I'm talking about the people control the party. Did you
see this statement from President Trump right now that he
saved the Ayatola from a quote ugly death.
Speaker 2 (34:05):
Probably, yeah, yeah.
Speaker 1 (34:07):
I'm not sure the Ayatola feels completely saved at this point. Hey,
have a great weekend, my friend. Thanks for everything, and thanks.
I'm going to be in trial prep at the beginning
of next week, so Sheriff Steve Riems will be in
and I can just pause. I can hear the applause
ringing off of I twenty five and elsewhere in the state. Kelly,
you're the best. Hey, you have a tremendous weekend. Didn't
catch you soon? On The Dan Kapital Show,
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