President Trump, Supreme Court, Congress discussed on The Answer Programming

Automatic TRANSCRIPT

First with Sebastian Gorka on eight sixty AM The Answer. Madam time. They're human league. Head back into twenty nine hundred thousand we have canco Klaus ski with us in studio, which is always the best. He's the senior legal editor for Bryant bought dot com. And the senior fellow at the American civil rights union. The war the deal we need to talk can follow him on Twitter. Ken MacLeod ski K L U K W S K I. So the president gave a very phlegmatic non teleprompter speech last Friday. And he said, oh, we're going to sign it. I want to declare national emergency. They'll challenge it in the ninth, then we'll counter, and then we'll go up to the supreme court. We were talking the break the president knows as well as we do as well as the bay stars imminently in the next year. He needs to be seen with a gold plated shovel digging. The foundation for the wall. As a lawyer expert as a man who knows the constitution, the national emergency functions. How long is it going to take for this battle through the courts when I was in the administration, we won the travel ban baffled pretty quickly. I mean, we pushed it all the way the supreme court put it on on the docket. And we one how long is it going to take for the president to get the wall started the president can start it immediately. Now, if there's a preliminary injunction slapped on it in the next few days in any of the lawsuits that have just been filed in the past few days. Then the question becomes how quickly can you either get that as we call it for short preliminary injunction, either either overturned by a higher court brat. Minimum to get a stay imposed upon it. So you can counter the injunction it. Yeah. That's right. You can either first of all if the is granted you can take that immediately up on appeal on what's called interlocutory review. Of course, like the the big multi-state lawsuit is just been filed in northern California that goes to the night circuit. There's another one filed in the DC district that was. Filed battle go to the DC circus. That's that is also a liberal court just not as liberal as the night circuit. And so they're picking their courts, very carefully. You can ultimately either get a stay imposed by the supreme court on the lower courts while injunction what while litigation is ongoing, and or and slash or you can get them to expedite the case. If I had to guess, I'd say one way or another. I am hopeful that we could have this at the supreme court level in about nine months. In the meantime, he can stop building yet. He can start building until an injunction is imposed against him. Now that could happen any day. But but this is key. Parts of what he is doing are predicated upon this emergency declaration. There are also other parts that have nothing to do with emergency. Parachutes that are just ordinary scout drug trafficking. Exactly. Right. And that's what drives me nuts. And I don't understand why the left doesn't understand this. Or maybe they just hate him that much. That's my guest. That's what he meant in the press in the presser when he said, look, I could do this without numbers and say I didn't have to go this route. I'm doing it this way because it's faster. That's because the big military components that here that he's using could only go through an emergency. But he could easily say fine. If the court is saying if there's an injunction against the emergency aspect, I'm gonna have the units that are non emergency keep spending non because we have these standing low, absolute, let's state the DOD can be used to counter narcotics trafficking. Right, right. Has nothing to do with much. Exactly. So now, what what I'm concerned about is some left wing activist judge who is going to just issue a blanket injunction to stop everything, and of course, will appeal that to at the at the end of the day, the president should win on every assertion of authority that he's doing both statutory. I'm sorry, both emergency and non emergency because none of this. And some of our friends have gotten this wrong. None of this is based on the president's inherent constitutional powers as commander in chief every single authority. He's using is coming from a law that congress passed all of these are statutory authorities laws that congress put on the seventy seven lower national. Well, not just that not just the national emergencies act, but all these construction law, it's all of the different every power. He's using here. You can cite to a provision a federal law that congress has passed. So this idea that the left? You're saying he's stealing money to build stuff. Yeah. He is only spending money that congress has appropriated through the normal process. And also put in a law that under certain circumstances, he can transfer money from one Bank account to this other Bank account. That's all he's doing. And he's not doing it. Because Sam because the constitution says, I can he say, no, I'm doing it because ten USC twenty eight oh, eight ten USC twelve three. Oh, two thirty one USC etcetera etcetera. The laws. Congress has passed. That's why we invite can to this show because you get the answers that nobody else is.

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