B (13:39)
That's a, that's quite a weave, my friend. That is, that is a, that is an Afghan I'm not familiar with. All right, 10 minutes, here we go. Let's, let's start with what's going on because I had a lot of, a lot of information that I obtained today in the interview that we live streamed, first live stream we ever did on Legal AF, the YouTube channel, a live stream. While I'm here in California at an event, we had Rob Bonta, the Attorney General, talking about the National Guard and what's happening in, you know, we got it. We got three pieces here. We've got the 9th Circuit, the 7th Circuit, we've got Oregon, California and Illinois. And now we've got the emergency application, not from Oregon or California rulings against the Trump administration, but from the 7th Circuit, Illinois ruling against the Trump administration. And what judges are struggling with is giving Donald Trump and the presidency a level of strong deference about certain aspects of his power, but not deference on facts, because the Supreme Court has said it, because the ninth Circuit has said it. And so other courts are mimicking it, which is, well, in the area of kind of this quasi foreign policy. It's not foreign policy. You're on the streets of America. This quasi military policy. Why is the commander in chief turning, turning Cannons towards his, towards Americans. That's a Posse Combatantis Act. But they seem to get wrapped around their own axle. The judges, I mean, federal trial judges, up to appellate judges about how much deference to give to the power of the presidency in this area. And where they struggle is how much deference they give them about facts on the ground in real life. And is Donald Trump allowed to point to a guy in a frog in a chicken suit and say, that's a rebellion? Or along a continuum when there was things going on, let's say, in Portland, where cars were set on fire back in June, but Now you've got 30 people chanting in front of an ICE detention center and no impact on federal enforcement of the law. Is this a rebellion or domestic violence that's making it impossible for the president to exercise the federal law or not? What's interfering with it? In fact, in the 7th Circuit, they pointed to press releases from the Department of Homeland Security itself touting Operation Midway Blitz's success. Despite the protest, we're picking up thousands of people on the streets. And the judges said, where is your inability to execute federal law when you're bragging about how well you're doing with the operation? Yes, there's peaceful protest on the streets. Yes, occasionally it turns violent, but that does not a rebellion make. And the R word, we're just Republican here. The R word of rebellion is a driver for whether a, a president can commandeer the state militia, the National Guard, whether he can federalize them, whether he can. They use the term mobilize, which is a little bit weird. Mobilize them. And now where the 7th Circuit and the 9th Circuit have left it, is that you can mobilize, meaning you can take over the National Guard for now, because that's sort of the status quo, because you did it already. But you can't deploy them, stay in your barracks, keep them off the streets. Now, at the 9th Circuit level, we're waiting on a ruling any minute now. That's not just to warn our audience. Not going to be great. Because I listened to that oral argument and to, you know, what's, what's the old, the old joke, how many Trump judges does it take to screw up constitutional democracy? Two. So two out of the three judges were Trumpers, and they gave a lot of grief to the Oregon position about, well, things might be better now, but they were terrible in June, so why can't the president send them in now? I mean, just totally buying the Trump argument. So I think that's going to be a ruling in which they're going to allow, like in California, the actual deployment of troops in Portland to guard federal federal detention centers. But facts on the ground matter, and deference to those facts matter. And in Illinois, all the judges that have looked at it have said, we do not have an outside invasion of another country. Venezuela hasn't come to Illinois. We don't have rebellion and we don't have your inability to execute with regular forces the law of the state. In other words, blocking. It's not stopping them from detaining, arresting, detaining and processing people. So that John Sauer, Donald Trump's appellate lawyer, didn't like. So they decided now is our chance on a administrative stay at the Seventh Circuit. We're going to take an emergency application up to the United States Supreme Court. And that was already a day ago. As of our tonight podcast, they have not yet. The Supreme Court has not yet blocked the 7th Circuit and allowed for the deployment of the streets of Illinois, the federal troops. Fast moving story. Stay on Legal AF YouTube and Legal AF Substack Live, where I'll do updated reportings as we learn more. But as of now, that hasn't happened. Not saying it won't, but it is now the first time in two months or so that the Supreme Court has at their doorstep this decision about Donald Trump's use of the National Guard to try to take over blue states and violate their state sovereignty. And yes, every time, as you said, Ben, in every case, regardless of the subject matter, Donald Trump starts off singing from the same page of the hymnal, which is judges, I don't know why we're here. You can't review anything that I do. If I say it's a rebellion, it's a rebellion. If I say it's an enemy incursion, it's an enemy incursion. If I say it's a war, it's a war. And you guys can't do anything about it. And then. Are we done here? No, sit down. We're not done here. Every judge that's looked at it has said we get to do oversight over. You know, there's certain deference we have to give you. But even giving you the deference, the strong deference, you know, we still have oversight as to whether this is being done in good faith or not and whether the facts really merit what you're saying. And so that's like the first issue is whether judges and that's what the Supreme Court's going to have to take a stand on about whether judges have that right to Interpret statutes, which is what their job is or not. So, you know, and this is what Banta was great because we, we also talked about how things that Donald Trump is doing, facts on the ground that he's doing in one state is helping their argument at the ninth Circuit. I mean, we still have an appeal at the ninth Circuit about California. And in that one, you know, they said, well, we need all those troops. We gotta take them away from all of their National Guard duties. We gotta put them on the streets to protect federal property in California. And then he took 200 of them and sent them up to Oregon or into Illinois. So, you know, that was Bonto's like, that's a gift that way. We brought that now to the attention of the appellate courts there. So we're gonna have to follow here. But this is all coming quickly, Ben, for our audience to ahead here about this use of the National Guard. Let me just put this in last perspective before I do something with Santos.