President Trump, Justice Jackson, Jonathan Swan discussed on Hugh Hewitt

Automatic TRANSCRIPT

I I am one. Who does not believe I have a clue even though I know the constitutional cases, and I teach them whether or not the declaration of national emergency and the redirection and military funds in the use the military will be upheld as constitutional. But what are you here? Generally is the view of it within green room. Flu may have struck already in there. Be one take in DC. What is it? Well, I didn't have to take 'cause I'm not a lawyer. But when I talk to people close to the White House counsel Patsy bologna, they said that the confidence that they did it's constitutional and that the person that's very broad emergency powers, and they're going ahead with it. So I don't have any information certainly not inside my brain that contradict that earlier today posted a long excerpt on Twitter from Justice Jackson's concurrence in the steel seizure cases. And and it's always ambiguous when the president's use power. But I don't believe yet Jonathan if you get it. It will be the scoop of scoops that anyone has seen the national declaration or the authorities which decided whether it's the nineteen seventy six law or whether it's the secure border active two thousand six Laura whether it's the NBA from last year has anyone got their hands on it yet. I don't and I've not seen anyone that does I've been trying to get it. And no. Pat's it blown his team is competent. They're good lawyers. They're very good lawyers. If they're competent than I'm beginning to think we might be in zone. One is Justice Jackson would say any idea on a time timeline of release. Well, he's going to announce this morning. I'm told. The declaration and the package that surrounds it and the money that that we accessing build the wall could get dragged into diction money military construction money, I should add another point just to what you were saying earlier, I was talking to Trump advisor last night about about the concept is president. And they said to me this is someone who's the president listens to and who is pretty well wide into the legal side of this. And they should look. People talk about, but I'm not that worried about practices because I don't think that a future the doomsday scenario that he brought up his what does president Elizabeth warranty? They said I don't think she's going to care about president. I mean, she's going to want to use the machinery of the federal government to the most maximalist extent to achieve her decades. So it's not like this person was saying like the other side, they said we always getting stuck in this sort of originalist. You know, constructs like the other side is going to. Conservatives are always we're always worried about the slippery slope and the left is jumping off the cliff. We really don't have to worry about slippery slope. I am curious though, if there's any indication of legal strategy that would see a friendly plaintiff say a landowner in Texas tipped off to a condemnation action. So they could bring the challenge in the fifth circuit, which is overwhelmingly originalist and brilliant people like judge with judge Willett judge Jones. There are very smart people down there who could apply the Justice Jackson, a spectrum of one two and three is there any plan to get the case in the fifth circuit as opposed to the ninth circuit, which because of Jeff flakes obstructionism remains heavily tilted to the left. He's a plan. I'm not aware of it. And that doesn't mean that they recruit one, I know I just I tried. This is like you just literally described my reporting challenge for the next twenty hours. Then you put you put out your tip sheet on Sunday night. Do you not do? I want every lawyer and leaker in the White House with or without the approval to go to Jonathan swan on Twitter and establish a link and get him because the details on this matter a lot. It's my whole show next week. Now, very quickly. The Senate is changing its rules on confirmations. But they are not changing them for circuit judges. It's still gonna take thirty hours per circuit. Judge that's nine hundred hours if they get thirty like they did in the first two years. Why didn't they blink the Republicans? Always blink. I mean, they walk right up. They don't the Democrats wouldn't hesitate. Harry Reid didn't hesitate to end the filibuster. He wouldn't hesitate to make the time of debate for circuit. Judges two hours. Why did the Republicans point John? Again, we talked about this before. It's just what I do. I I get inside McConnell's head thought what I would. I pretty confident all the again, you've already heard Elizabeth Warren talk about I. But I'm pretty sure I remember in the last few weeks, I think that we ought to get rid of the legislative filibuster. And I expect that Democrats win back power in the Senate. They won't hesitate to get rid of the legislative filibuster. Yeah. That's interesting. They might I really am opposed to that. But but I just wish the Republicans would play tit for tat and the and and that's just what they do. They blink not match one. It's what. Been pushing. I mean, Trump wants them to get rid of. I don't I don't I separate. Jonathan very quickly. Is there going to be a new secretary of defense? There's some buzz out there that that may be it's going to be Heather Wilson the secretary air force. I think Admiral Stavridis would make a great one Shannon's got some critics. What are you here? Yeah. It's a really good question. Trump has left Shanahan because Burkey reasons one he's much let to him the Mattis was.

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