CHIEF JUSTICE ROBERTS IS #PANICKING!!
CAUGHT IN THE ACT DOING THIS TO TRUMP
bill bennett is host of the bill bennett podcast the Fox contributor and just in
time for the holidays author of the new book the true st. Nicholas why he matters to Christmas
bill thank you for coming on the program tonight and the early
holiday to you so what a moment this is indeed and perhaps you can just sort
of give us the history that's led unusual one that it is to see a sitting
president and a Supreme Court justice in such a public debate and sparring between
the two of them it's unusual but it's not unique and unprecedented American
history check back to the Civil War and Abraham Lincoln's arguments
ongoing arguments with Roger B tawny Chief Justice of the Supreme Court in both the Dred
Scott decision which is a horrible decision and in in the case of habeas
corpus cases was an ongoing debate between the two and Lincoln was
right Donald Trump is in the Lincoln tradition here he is right we understand why the
Chief Justice whom I like and admire is trying to maintain the independence of the
judiciary but that's an ideal that is not the reality of what we've got if
it were you wouldn't see the parties the Republican Party and the Democrat Party put so much shoulder
and effort into who gets to be on the Supreme Court I give you
the evidence of the last couple of months and the Cavanagh confirmation
hearings so we know these folks aren't independent but a little worse a little more disappointing
to me and Chief Justice Roberts is he's inconsistent he talks
about the judiciary particularly one would think the Supreme Court is
being independent above the fray but here as Shannon reported or Kristen reported hears
Justice Ginsburg criticizing Donald Trump as a candidate
saying he's a fake saying he's all ego etc and to the best of my knowledge there was
no rebuke of Justice Ginsburg by Chief Justice Roberts but a rebuke here
of the president but the president's right and I think he speaks
for a lot of people when he says look here's the Here I am I'm the president I've been
elected here's this terrible problem with the border and you get one judge
and he can frustrate the will of the people as
if s than the president by a decision so I think he's on very strong grounds
historically and I and I think he's on strong grounds in terms of the Constitution well
I'll go back and ask you the question I just asked Shannon and
that is the president seems to sort of hint we're gonna look into this
you know something's got to change what having observed this president now
for a couple years in office what do you think that he could possibly explore here as far
as potential changes well you know we've just been reviewing the election
results and the president was talking about how important it was to
add to his Senate Majority absolutely right Sandra that's where you confirm the judges
and you confirm the judges for a lot of these courts and that's why this
administration I congratulate it has been very busy doing that so one
thing is you change who's in there and that's what our election and that's what elections
are about but the other thing is we need to look to see historically
how much things have changed Hamilton writes in the 78th Federalist Papers is the least
dangerous branch it has no force it has no will it has no sword and has
no purse you know don't worry about it essentially Hamilton says but in
recent history as we know lots of times the legislature gets deadlocked and so it goes
to the court sometimes presidents don't want to make decisions or
say I wonder whether it's constitutional so it goes to the court
and you know the Democrat Party has felt that you know their place is the Supreme Court
so it's become very powerful and maybe not so much the least dangerous branch
so some perspective on that is is I think essential but I noticed Justice
Thomas Clarence Thomas was saying in regard to this in other situations like it that maybe
we ought to review just what is possible and what is permissible for
judges to do the president's sense of outrage about this seems to me
exactly right in terms of here we are we face this terrible problem we get a judge who stops
the president it goes up usually the Supreme Court sides with the president
and here we go again there's a real problem at the border
and the president's trying to get these judges and the Ninth Circuit to understand it apparently
they don't well there's really something to watch and it didn't
take long for the president then to respond to Justice Roberts statement
via Twitter this evening and this is likely to continue we'll be watching all of it
Bill Bennett yeah happy holidays yeah when when you push at this president he pushes
back and people need to remember that he doesn't sit and take it you want a
counter-puncher you got one and he was right in this case well have a lovely
holiday thank you for coming on tonight I'm here to tell you today that the reality is
that there are currently over 6200 individuals camped out south of the US
border in Tijuana today as I stand here in Mexicali there are more than
3,000 caravan members the crisis is real and it is just on the other side of this wall
so that's Homeland Security Secretary Kirsten Nielsen at the southern
border yesterday calling out a decision by the 9th Circuit Court a
federal judge blocking emergency restrictions on asylum
claims meant to curtail illegal border crossings by member members of
migrant caravans the president also slamming the ruling and federal judges he says they
act unilaterally to change executive branch policy citing his travel
ban as yet another example well you go to the Ninth Circuit and it's a
disgrace and I'm going to put in a major complaint because you cannot win if you're US a case
in the Ninth Circuit and I think it's a disgrace when people file
every case gets filed in the Ninth Circuit because they know that's not law
that's not what this country stands for every case that gets filed in the Ninth Circuit
we get beaten and then we end up having to go to the Supreme Court like
the travel ban and we won so is he right let me ask you congressman he's spot on I mean
I think he's lately is the case not really well you had a liberal
activist set of judges on the 9th 9th Circuit Court that are gonna promote
a liberal progressive agenda this is why elections have consequences
and why getting our judges on the courts to actually interpret the Constitution not for
the left not for the right but actually what does the Constitution say
and I think the president is obviously concerned you have people who are organizing the caravans
who are coaching those in the caravan and how to get asylum
and how to work over American laws to get access to our country and
the president is rightfully concerned and trying to say listen I got it I got to protect
our country from what is classified as an invasion of can I ask this
question though as a member of Congress I mean the argument from the Ninth
Circuit essentially and I get the fact that you know they are perceived and rightfully
so that they lean left and whatnot but but but the the argument that
they made was that it's a violation of the intent of the US Immigration and
Naturalization Act which is obviously you know an enacted law passed by Congress that
essentially says regardless of how an individual comes
into the country even if it's not a specific port of entry they still are
entitled to seek asylum I mean that's pretty cut-and-dry so is the answer changing the
lock let me play this real quick and then I want you guys to win a Harvard
Law Professor Emeritus Alan Dershowitz weighing in as well
listen presidents not correct when he talks about the Ninth Circuit the Ninth Circuit
has something like 26 or more judges a lot of from illiberal Democrats a
lot of them are Trump appointees some of them appointees of Reagan or Bush
it's a very diverse circuit but he's done better in the Supreme Court then he's done
in the Ninth Circuit but I think the judge you know wrote a balanced
thoughtful decision a decision that may well be overruled in the spring
cook okay this coming in crossing the wires right now it's breaking in a rare rebuttal
Chief Justice Roberts rejects president Trump's criticism of federal judges
this being crossed by The Associated Press just moments ago and he
praises independent judiciary well look I think regarding the night circuit I mean look
the night circuits been on the receiving end of criticism from for you know
many conservatives and I will say just to point out as something funny
when the when President Trump pardoned the turkey yesterday you didn't swipe it but the
Ninth Circuit and said unfortunately I can't guarantee your pardon
won't be enjoyed by the ninth circuit would either I found that to be
funny but I do there is a real issue with asylum seekers and the fact that these migrants
are coming to the United States and exploiting or a loss you see an
80% increase in family units crossing the border illegally since president
Trump's zero-tolerance policy ended you look at the fact that 80% of these individuals
will pass their initial interview but then only 20 percent who actually
show up in court will be granted asylum in immigration court so
there are real issues that he's saying should not shouldn't Congress be responsible is the
question whether the horseman went oh my implemented daca right
I mean he was changing immigration law and when Trump fed roll it back they
said no no you can't you can't roll back taka I agree the Congress would actually make the
laws and the executive should enforce the laws world were a far cry from
that but I think it's interesting you mentioned John
Roberts yeah remember when Barack Obama at the State of the Union chastise the Supreme
Court right in front of him at the State of the Union in the house chamber
right and look John Roberts was pretty silent beat from being chastised
by Obama but all of a sudden no he's found his backbone I'm gonna chest as Donald Trump
forgive him some pushback on the courts it's interesting to note then
that this is a you know this is rare for for Supreme Court justice to
come forward and say that the question is would the president then win at the Supreme
Court level maybe I mean I don't know I mean I think that's what we're all
gonna try and find out listen I again this is another case of Roberts I
suppose it you know a Republican who's you know willing to go up I think there's a lot
of never Trump errs out there some of them are on the Supreme Court
some of them are in the deep state we don't know the point is I think what
American people want to know is okay who come to our borders you say that you're seeking
asylum then we let you go and we somehow trust you that you're gonna come back
to a two or three years in two or three years it's something that's so
good that's is that is messed up I just think it we can argue on all the finer points of
the law and whether the president has the right ear or that's the
Congress's job or whatever but the average American person sitting back
looking at this argument goes so why are we letting them go out in other country why are
we trusting them to come back in threes what what is President Trump supposed
to do you've got thousands of people or we see these migrant caravans that want to come
in want to exploit our laws many of them went across the border illegally to
try to get here not going to port of entries I mean what does President beautiful.if to
do in the last two years where he controlled boat where Republicans
controlled both chambers of Congress and look we're a lame duck now
and and I'm not putting you on the spot congressman but honestly I mean the statute needs to be
changed as a former legislator the statute it needs to be changed
right though because once Democrats take control in January what
are they going to do with this I mean is it is it Congress's role to make a decision or
is it the White House well the Congress needs to actually fix the law
immigration is broken we need to fix it and have a holistic approach to what
do we do with people who are here that are working how do we make sure that we secure
a border how do we allow people to come in not by the way of a caravan but
let them fly into work you meet the demands of our
me that aren't being met by your own Arkin people but I just meant in regard to the courts
we want them to fairly interpret the Constitution and the statutes
without a been to the left or to the right and if it doesn't go well
for Republicans I'm ok with that but equal application for everybody I think is key and
sometimes a lot of construed I don't feel like that's the case I do have
to speak on behalf of legal Hispanics in this country they are
against it I mean they waited in a line my mother had to get in this country anyway Julie
yeah and she is so adamant and she does vote Republican because of this
issue because of the immigration issue because she is insulted she finds
that her country is letting others like her Hispanic Americans who came in the right way
they're letting them down yeah often it is it's legal immigrants who
are most against this open border policy no question yeah
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