California in Chaos & Democrats side with the Rioters plus "Maryland Man" Indicted for Human Trafficking & Biden's Autopen Investigation

Summary

The 47 Morning Update with Ben Ferguson

Episode: California in Chaos & Democrats Side with the Rioters plus "Maryland Man" Indicted for Human Trafficking & Biden's Autopen Investigation
Release Date: June 9, 2025

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1. Introduction to California's Unrest

Ben Ferguson opens the episode by addressing the escalating chaos in California, highlighting widespread riots, arson, and aggressive protests. He emphasizes the troubling trend of Democratic leaders openly supporting the rioters, signaling a stark shift in the party's stance on law enforcement and public order.

Notable Quote:

• Ben Ferguson ([01:47]): "This is an amazing illustration of exactly where today's Democrat Party stands."

2. Detailed Coverage of Los Angeles Riots

Delving deeper, Ferguson presents a FOX News alert showcasing live footage of anti-ICE protesters in Los Angeles County setting cars ablaze. He discusses the response (or lack thereof) from local law enforcement and accuses Democratic leaders like Mayor Karen Bass and Governor Gavin Newsom of prioritizing political agendas over public safety.

Notable Quotes:

• Ben Ferguson ([04:24]): "We're seeing anti-ICE protesters still rioting...this is criminal activity that I hope people are held accountable for."
• Joe Getty ([07:08]): "You watch that video, there are a lot of Mexican flags. So I'm just trying to get my head around this."

3. Democrats' Response to the Riots

Ferguson criticizes prominent Democratic figures for their inadequate response to the riots. He points out the absence of condemnation towards the protesters and instead focuses on attacking ICE officials, creating a narrative that undermines law enforcement efforts.

Notable Quotes:

• Jack Armstrong ([06:12]): "This is nothing to see here. Not a real riot. It's all okay."
• Ben Ferguson ([12:16]): "The reality is we see peaceful protests launching in Los Angeles...any violence against police officers should not be accepted."

4. Indictment of the Maryland Man for Human Trafficking

Transitioning to criminal justice issues, Ferguson discusses the indictment of Kilmar Armando Abrego Garcia, a Maryland resident charged with human trafficking and involvement with the MS-13 gang. He underscores the severity of the charges, highlighting Garcia's nine-year involvement in smuggling undocumented immigrants and gang members into the United States.

Notable Quotes:

• Joe Getty ([23:34]): "He was a Maryland dad, not a human trafficker."
• Jack Armstrong ([25:07]): "He is a Maryland dad... part of the Transnational Criminal Organization, MS-13."

5. Media's Portrayal of the Indictment

Ferguson critiques the media's handling of Garcia's case, suggesting a biased portrayal that downplays the criminal implications. He contrasts the coverage by conservative outlets like FOX News with more favorable narratives from mainstream media, arguing that the latter fails to hold individuals accountable.

Notable Quotes:

• Jack Armstrong ([27:07]): "This is the same illegal immigrant that my colleague flew down and had a very sweet margarita with. It was a bro moment."

6. Biden's Autopen Scandal

One of the episode's focal points is President Joe Biden's use of an autopen—a mechanical device—to sign legislation and pardons. Ferguson discusses the legal and ethical ramifications, questioning Biden's direct involvement and raising concerns about the legitimacy of documents signed via autopen.

Notable Quotes:

• Ben Ferguson ([36:20]): "They declare void...because they were done by auto pen."
• Jack Armstrong ([37:55]): "The President did not make the decision...it was not his decision."

7. Legal Implications and Potential Investigations

Ferguson explores the constitutional aspects of presidential signing authority, referencing Article 1, Section 7 of the U.S. Constitution. He debates whether the use of an autopen undermines the validity of signed legislation and pardons, suggesting possible legal challenges and investigations into Biden's authorization of the autopen.

Notable Quotes:

• Jack Armstrong ([37:56]): "If the president did not direct that his signature be affixed to it, then there's a real argument that the law is not validly enacted."
• Joe Getty ([38:33]): "They would have to bring evidence he didn't know about it."

8. Conclusion and Call to Action

Ferguson wraps up the episode by urging listeners to stay informed and vigilant regarding these critical issues. He emphasizes the importance of holding political leaders accountable and maintaining the integrity of governmental processes.

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Key Takeaways

• California's Turmoil: The state is experiencing significant unrest, with Democratic leaders allegedly supporting rioters over law enforcement.

• Criminal Justice Concerns: The indictment of a Maryland man for human trafficking highlights ongoing issues with gang-related activities and immigration enforcement.

• Presidential Accountability: President Biden's use of an autopen raises constitutional questions about the authenticity and legality of signed documents, potentially leading to further investigations.

Notable Quotes with Timestamps

• Ben Ferguson ([01:47]): "This is an amazing illustration of exactly where today's Democrat Party stands."

• Joe Getty ([07:08]): "There it is. Mexican flag."

• Jack Armstrong ([12:05]): "Every single ICE agent who's engaged in this aggressive overreach and are trying to hide their identities from the American people will be unsuccessful."

• Ben Ferguson ([36:20]): "They are hereby declared void, vacant, and of no further force or effect because of the fact that they were done by auto pen."

• Jack Armstrong ([37:55]): "The President did not make the decision...it was not his decision."

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This episode of The 47 Morning Update with Ben Ferguson provides a critical examination of current political and social issues, blending on-the-ground reporting with in-depth analysis. By highlighting the intersections of law enforcement, political bias, and executive authority, Ferguson encourages listeners to question prevailing narratives and seek the truth behind the headlines.

Transcript

[Joe Getty]

This is an iHeart podcast.

[Jack Armstrong]

Why should you listen to Armstrong and Getty on Demand? We're not boring. A lot of news is boring and tedious and depressing and makes you angry. You don't want to live your life like that. Hey, I'm Jack Armstrong.

[Joe Getty]

He's Joe Getty.

[Jack Armstrong]

We're Armstrong and Getty. We try to bring you the truth and help you figure out this crazy modern world.

[Joe Getty]

How about something about a comedic tone?

[Jack Armstrong]

We have a winner. Yes. Listen to Armstrong and Getty on Demand on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Joe Getty]

Welcome. It is Verdict with Senator Ted Cruz, Ben Ferguson with you and Senator, we've got one packed show for people today.

[Jack Armstrong]

Well, once again, California has descended into chaos. We're seeing riots. We're seeing cars lit on fire. We're seeing protesters waving Mexican flags, waving flags of other countries and defying assaulting law enforcement. And amazingly, we're seeing a parade of Democrats all lining up to say, we the Democrats, we're with the rioters. That's the side we're on. Likewise, if you think about the illegal alien that we saw, a parade of Democrats going down to El Salvador saying, we're on your side as well. Well, that particular illegal alien has been brought to America to be tried for human trafficking. This is, this is an amazing illustration of exactly where today's Democrat Party stands. And finally, we're gonna talk about Joe Biden's use of the auto pen. Use of the auto pen to sign legislation, use of the auto pen to issue pardons. What does that mean legally? What's the consequence of it? And what does it mean that President Trump says he's gonna investigate it? What happens next?

[Joe Getty]

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[Jack Armstrong]

Well, look, it's tragic. It's tragic. The chaos, the violence that seems more and more commonplace in California, that seems more and more to be the face of today's Democrat party. I want you just to watch and see what is unfolding right now in California, in Los Angeles. And this is who today's left is.

[Ben Ferguson]

Turning now to a FOX News alert. Anti ICE protesters are still rioting in Los Angeles county and setting a car on fire. You're looking at live pictures in Paramount, California right now in the last hour. Border czar Tom Homan told us they were sending in the National Guard. You know, Lydia, the damage is just striking here that we're seeing. We also have seen reports there's a Fox Los Angeles reporter who's just there on scene trying to cover this story. He said his car was destroyed by protesters. You know, let's hope that no one is hurt and no one is injured and it doesn't escalate from here. Look at the flag yet, guy.

[Joe Getty]

There it is. Mexican flag.

[Ben Ferguson]

Can you know, you know, this is, this is criminal activity that I hope people are held accountable for. And I'm talking about the riots right Here, where are the cops? Yeah, where are they? We heard earlier that Karen Bass, the mayor of la, an allegation that she had prevented the LAPD from responding yesterday when he was her first developing guy for upwards of two hours or more. To your point, where are the police?

[Joe Getty]

Well the officials in this part of the country in Los Angeles and California are too busy tripping over themselves to attack Donald Trump in and law enforcement. I guess those are the cops back there to actually condemn these people doing these things. And in the intro, Alicia, you said these are anti ICE protesters. Yes, but if you just squint it could easily be the BLM protesters or the Free Palestine protesters or the resist DOGE protesters or the resist ICE in this case protesters. It is this dirtbag coalition of leftist violent so called protest that has been a huge problem in this country for years and they are escalating.

[Ben Ferguson]

Yeah, you don't see Democrats coming out with any sort of outrage over the destruction here. Their outrage is the opposite. It's over the ICE officials who are out there.

[Jack Armstrong]

Let me give you five names where.

[Joe Getty]

We'Re not hearing a lot from right.

[Jack Armstrong]

Now except to attack these ICE officials which is leading to attacks like this.

[Joe Getty]

Karen Bass, Los Angeles Mayor Gavin Newsom.

[Jack Armstrong]

California Governor Adam Schiff, who's awfully active.

[Joe Getty]

On X and social media condemning to.

[Jack Armstrong]

Guys point Donald Trump, not hearing anything from him. Eric Swalwell as well. You can't get away from this guy on social media attacking Trump.

[Joe Getty]

Nancy Pelosi, the former House speaker, where are you? This is war right now that we're seeing in terms of our federal agents.

[Jack Armstrong]

Being attacked and California officials doing nothing to stop it.

[Ben Ferguson]

Now it's an, it's going to be an incredibly bad look in the next 24 to 48 hours if you don't get the governor out there, if you don't get someone out there to at least get people to stop. Because right now you have city leaders encouraging people to join the resistance.

[Joe Getty]

You have city leaders, let's just pick it up there. Encouraging people to go out there and do this. You watch that video, there are a lot of Mexican flags. So I'm just trying to get my head around this.

[Jack Armstrong]

So Ben, I have an idea. Let's you and me, let's go illegally to France. Let's just break into France once we get there, let's start rioting against France because we hate France. Let's light the Eiffel Tower on fire. Let's start waving the American flag around while we're lighting the Eiffel Tower. On fire. And let's say, don't you dare send us back to America the flag we're flying. Because you have no right to decide if we get to come into your country illegally. We can do anything you want. And if you try to enforce your laws, I guess we'll just light things on fire. And even better, your elected officials would say, damn right, you keep burning and.

[Joe Getty]

We'Ll send you more.

[Jack Armstrong]

This is truly through the Twilight Zone. And what is striking. All right, let's break down several pieces of it. First of all, let's take the media. So we saw Fox News where they actually covered what's going on.

[Joe Getty]

Yes.

[Jack Armstrong]

I want to contrast that with cnn, because cnn, look, if you're a propaganda outlet, you've got a message to get out. And you know what the message is nothing to see here. This is peaceful. This is fine.

[Joe Getty]

I mean, they are famous for the police station being on fire, remember, in the summer of rage.

[Jack Armstrong]

And they're like, it's fiery but peaceful.

[Joe Getty]

Yeah, fiery but peaceful protest here.

[Jack Armstrong]

So. All right, I want you to watch CNN covering this same riot watch.

[Ben Ferguson]

So there's unrest. Let's start with. There's protest, lawful protest which is allowed in this country. There is some unrest generally dealt with by local law enforcement. And that there needs to be state support through state police and sometimes even National Guard under a governor's authority. What is happening tonight is. Is unprecedented.

[Joe Getty]

I mean, I love that she's like, it's unrest. Oh, I can't say that. Hold on, I got to back that up. This is just peaceful. And that is something that is protected. And we're totally fine with this.

[Jack Armstrong]

Like, she admitted unrest and immediately had to run away from it.

[Joe Getty]

Yeah.

[Jack Armstrong]

And I gotta say, it's striking also the video that they don't show anything on fire there. They've learned the lesson where during the Antifa and Black Lives Matter riots, where they literally put on. If you don't remember this, they had a video of an entire store on fire.

[Joe Getty]

Yeah.

[Jack Armstrong]

And their Kyron said, fiery but peaceful protest.

[Joe Getty]

Yeah. As buildings are burning.

[Jack Armstrong]

It is. They've got a message. And look in the first video on Fox where the folks are talking, they say, where are the cops? And you see way up at the top a block away. And yet there are no police officers anywhere near the protesters. No police officers anywhere near the car that's on fire. And it's clear.

[Joe Getty]

It goes back to leadership. That's the question I want to ask you. You look at this, you're allowing it.

[Jack Armstrong]

The mayor ordered Them to stay away.

[Joe Getty]

Okay, So I want to be. That was the question I want to ask you.

[Jack Armstrong]

Of course, of course, of course. But here you're in. My friend Dana Bash, she's got to jump in now and really defend what's going on here. Here, give a listen.

[Joe Getty]

It's pretty bad.

[Ben Ferguson]

That's a different question. But I just. I just want to just state for the record that what did happen in 1992 was so different from what we're seeing now. I mean, that was. That was a. A real. A real riot that went all across the city of Los Angeles after a verdict in the Rodney King case. This is a situation where the L. A County, L.A. county Police. It's not good, but they're saying that they have it under control. And the. And the president is sending national troops.

[Joe Getty]

In a way that we can look at.

[Ben Ferguson]

Hasn't been done in a long time.

[Joe Getty]

Obviously see that it is not under control. It's not under control. You and I both see that it's not under control. And a riot is a riot. They're throwing. They're throwing all types of objects at law enforcement. And the president is absolutely right, by the way. Ask the people whose cars and buildings are on fire if this is a riot or not.

[Jack Armstrong]

No, no, no. Dana told us it's not a real riot.

[Joe Getty]

It's not real.

[Jack Armstrong]

It's fake one. It's a fact. You know, they are familiar with fakes at cnn. They are experts in fakes. You know, it really is striking. This is nothing to see here. Not a real riot. It's all okay. And then she says, well, okay, it's not good, but it's nothing like a.

[Joe Getty]

Real riot back in the old days of the 90s.

[Jack Armstrong]

And look, there have been multiple arrests because you have. These protesters are actively aggressively trying to stop ICE from carrying out their jobs, from enforcing immigration laws. One of the people arrested was the president of the SEIU union.

[Joe Getty]

Yeah.

[Jack Armstrong]

Who was arrested for physically actively stopping federal agents from carrying out their jobs. Now, what is the reaction of Democrat politicians? Well, here, take a look.

[Ben Ferguson]

The reality is we see peaceful protests launching in Los Angeles. And again, any violence against police officers should not be accepted. Local authorities can handle that. But remember, a lot of these peaceful protests are being generated because the President of the United States is sowing chaos and confusion by arresting people who are showing up for their immigration hearings.

[Joe Getty]

They love the word peaceful, don't they?

[Jack Armstrong]

So the phrase peaceful protest, which they say repeatedly and notice that. So that was Cory Booker, and he's saying, well, look, you can't commit violence against cops. Look, I'm glad he says that, in part because they've seen where these riots go. But at the same time, he's repeatedly saying what CNN is saying, which is it's only the governor and local law enforcement that can do it, nothing federal, because President Trump has called up the National Guard. And they are so unhappy that we're actually going to see these violent protesters will be stopped from terrorizing the communities they're engaged with. And that's a nightmare scenario for the Democrats, because anytime you have violence like this, they are on the side of the violence.

[Joe Getty]

Do you notice Booker also said the beginnings. We've talked about how orchestrated Democrats are when they do these things on college campuses where there's people behind them and advocacy.

[Jack Armstrong]

Booker said this is. So you're suggesting the people who are paying for this are also paying for the Democrats who are going on TV defending it.

[Joe Getty]

I'm saying Cory Booker seems to have some pretty good insider information that this is the, quote, beginning of the. His words, not mine, of something big like, this is the beginning. And he said that on Sunday morning, after a weekend of this violence, the beginning. So you gotta ask the question, are they all in on it?

[Jack Armstrong]

Well, look, you know, you look at so much of today's Democrat Party that's paid for by George Soros, it kind of makes you wonder if it's now George Zorro, and it is all about go back. And they want California to secede from America and go back to Mexico. But. But look, Cory Booker was not, not alone. Give another listen.

[Ben Ferguson]

Every single ICE agent who's engaged in this aggressive overreach and are trying to hide their identities from the American people will be unsuccessful in doing that. This is America. This is not the Soviet Union. We're not behind the Iron Curtain. This is not the 1930s. And every single one of them, no matter what it takes, no matter how long it takes, will of course, be identified.

[Joe Getty]

I have a dad who's spent the majority of his life in law enforcement that is a threat to law enforcement. That we're going to make sure that everyone that hates you knows who you are, where you live, who your kids may be, who your wife is. And we're going to make you feel unsafe for doing your job.

[Jack Armstrong]

Look, that is grotesque. It's one of the most grotesque things I've ever seen. That's Hakeem Jeffries, the Democrat leader in the House of Representatives. And he's not hiding what he's saying. He is threatening to dox to expose. To reveal the identities of federal law enforcement agents, ice. Because he wants threats, he wants violence, he wants intimidation. He wants violence and intimidation directed at federal law enforcement. That is grotesque. By the way, the mayor of Boston analogized ICE to Nazis. Yeah, I mean, that is. Understand today's Democrat Party, this is not your grandfather's Democrat Party. This is a Democrat Party. Now, if you are an illegal alien, if you are a gang member, if you are a murderer, if you are a rapist, the Democrats stand with you. If you're a police officer, the Democrats are not with you. If you are an ICE agent, they are not with you. If you're a Border Patrol agent, they. They are not with you. If you are enforcing the law, they are not with you. And listen to what Cory Booker said. Cory Booker said, well, Trump is causing it because he's enforcing the law.

[Joe Getty]

Because. Yeah, because enforcing the law it is. Well, and then you gotta look at Newsom. I mean, look at Newsom. We had this very interesting rebranding. I would call it Newsom, maybe 3.0, 4.0. He's rebranded himself a lot. He's really good at it.

[Jack Armstrong]

He's pretending to be a moderate. He suddenly discovered that boys and girls exist. Yeah, it's really remarkable because, you know, 12 seconds ago, he didn't know that.

[Joe Getty]

And yet here's his true colors yet again.

[Jack Armstrong]

So here's what he tweeted out. He says the federal government is taking over the California national guard and deploying 2,000 soldiers in Los Angeles, not because there's a shortage of law enforcement, but because they want a spectacle. Don't give them one. Never use violence. Speak out peacefully. So understand the end of that. Speak out peacefully. He's calling for. I'm the governor. I want more riots. There are not enough of you out there. More, more, more. Somebody get Soros on line two. George, we need more money. Can you send out more protests? Now? That is his message. And they are furious, furious with President Trump for actually defending the communities. Look, we saw in that first video, the law enforcement, the police officers are ordered. Don't do anything about it. Don't keep people safe. We've seen, by the way, we've seen this video before. We saw it during the Antifa and Black Lives Matter riots where, again, Democrat mayors, Democrat governors prevented law enforcement from doing their jobs. And by the way, look, well, and.

[Joe Getty]

The word is on the street that local. I mean, local law enforcement were told on Saturday and Friday night, stand down. Like, don't get involved. Let them do what they're going to do. If that turns out to be like the entire policy of LA and the local government there, doesn't that give even more credence to why Donald Trump should send in the National Guard?

[Jack Armstrong]

Absolutely. And look, I will give the Democrats credit for being the voice of reason, the voice of moderation. I want you to listen to this very careful, calm, measured analysis from a Democrat California Congresswoman. She's assessing the situation carefully. She's trying to balance competing interests, trying.

[Joe Getty]

To protect property and lives, and give.

[Jack Armstrong]

A listen to what she has to say.

[Ben Ferguson]

Ice, get the out of LA so that order can't be restored.

[Joe Getty]

There it is. If ICE would just leave and all the illegal immigrants can do what they want to do. And we've had no crime problems in California in the last year or so.

[Jack Armstrong]

So understand their message. Also, they do not want federal immigration laws enforced. She wants ICE out of the state. And by the way, to be clear, her message also, every illegal alien in America, please come to California.

[Joe Getty]

Yeah.

[Jack Armstrong]

Because that's who she represents, that is. And I don't even know that Congresswoman. She's one of the many left wings.

[Joe Getty]

There's a lot of them from California.

[Jack Armstrong]

They blur together. You know, she has, look, I give her credit. Apparently she's volunteering to join AOC and Ilhan Omar and the other kooks to be the face of today's Democrat Party. This is sad.

[Joe Getty]

Final question on this. You look at the President's decision to send the National Guard and you look at Democrats now clearly wanting a fight. They're wanting more illegals to come out. Is this one of those things where they think this is a positive nationwide? I mean, how could you think that burning down cities, attacking your neighbor's property, burning cars, attacking law enforcement is somehow a political win? I don't understand that.

[Jack Armstrong]

While you're riding a motorcycle around a burning car, waving a Mexican flag.

[Joe Getty]

Bingo.

[Jack Armstrong]

Look, at the end of the day, apparently those individuals, and we saw Mexican flags everywhere you look. Apparently those individuals, they want America to be Mexico. What else do you. And by the way, look, Mexico is a beautiful country. If you want to go to Mexico, go to Mexico.

[Joe Getty]

If you want to fly the flag, go to Mexico.

[Jack Armstrong]

But you don't have a right to defy federal law, to come here illegally. And yet that is, at the end of the day, that is what today's Democrat Party stands for. It is their core belief.

[Joe Getty]

It is.

[Jack Armstrong]

It is their reason for being. And you asked if they think this is a winning message. Well, it depends who you're talking to. If you're talking to your radicals, if you're talking to your zealots, if you're talking to the people that fund this stuff, yeah. If you're talking to the big money donors, yes, that's a winning message. If you're talking to the people who wrote checks on the anti Israel and anti America protests on college campuses, it's a great message. If you're actually talking to ordinary Americans, if you're talking to soccer moms, if you're talking to people who would like their kids safe, if you're talking to people who don't really want to see their neighborhoods lit on fire, I question, as Brer Rabbit said, throw me in that briar patch. Well, you know, I question if they're gonna be happy with this decision come next election day. Why should you listen to Armstrong and Getty on demand? We're not boring. A lot of news is boring and tedious and depressing and makes you angry. You don't want to live your life like that. Hey, I'm Jack Armstrong. He's Joe Getty. We're Armstrong and Getty. We try to bring you the truth and help you figure out this crazy modern world.

[Joe Getty]

How about something about a comedic tone?

[Jack Armstrong]

We have a winner. Yes. Listen to Armstrong and Getty on Demand on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. In the fall of 1986, Ronald Reagan found himself at the center of a massive scandal that looked like it might bring down his presidency. Did you make a mistake in sending arms to Tehran, sir?

[Joe Getty]

No.

[Jack Armstrong]

It became known as the Iran Contra affair.

[Ted Cruz]

And I'm not taking any more questions. In just a second, I'm going to ask.

[Jack Armstrong]

I'm Leon Nayfak, co creator of Slow Burn. In my podcast, Fiasco Iran Contra, you'll hear all the unbelievable details of a scandal that captivated the nation nearly 40 years ago, but which few of us still remember today. The things that happened were so bizarre and insane, I can't begin to tell you.

[Ben Ferguson]

Please do.

[Jack Armstrong]

To hear the whole story. Listen to Iran Contra on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Joe Getty]

Which brings me to story number two, and it's one that is just maybe one of the. I laughed when I saw the news. I thought this was a brilliant move by the Trump administration. Democrats have been obsessed with the Maryland father, the Maryland man who just happened to get deported, who was an illegal immigrant who was caught human smuggling through my home state of Tennessee. And they act like it never happened. And now all of a sudden, we're like, they were demanding you bring him home, bring him back to America. Well, guess what. The dude's coming home.

[Jack Armstrong]

He is indeed. And he has been brought to be prosecuted. He has been indicted. He has been indicted for human trafficking.

[Joe Getty]

Wait, I thought he was just a Maryland dad, not a human trafficker.

[Jack Armstrong]

Well, I will tell you, I am holding the indictment in my hand, and it is stunning. So how long was he a human trafficker? Well, according to the indictment, from in or around 2016 through in or around 2025. So for nine years.

[Joe Getty]

That's a pretty good career.

[Jack Armstrong]

Kilmar Armando Abrego Garcia and others known and unknown to the grand jury, conspired to bring undocumented aliens to the United States from countries such as Guatemala, El Salvador, Honduras, Ecuador and elsewhere, ultimately passing through Mexico before crossing into Texas. Very nice. They came into Texas. The co conspirators knew the undocumented aliens did not possess authorization to enter the United States. They used cell phones. They used social media applications. The indictment also alleges Kilmar Armando Abrego Garcia was a citizen of El Salvador, was not a United States citizen, was living in the United States, and was also a member of and associate of the Transnational Criminal Organization, Ms. 13.

[Joe Getty]

No. He's a dad. Hold on a second. You can't say that. This is just a Maryland dude. Maryland dad. Maryland man.

[Jack Armstrong]

And by the way, they accurately describe MS.13. MS.13 was a criminal enterprise engaged in, among other activities, acts and threats involving murder, extortion, narcotics trafficking, firearms trafficking, alien smuggling and money laundering. MS.13 operated throughout north and Central America, including in El Salvador, Guatemala, Mexico, the United States, including in Texas, Maryland, New York, Tennessee and elsewhere. Now, how many illegal aliens do you think he's charged with smuggling?

[Joe Getty]

I'm assuming zero. Because he's just a Maryland man. He's just a Maryland dad.

[Jack Armstrong]

He's a Maryland dad. I want to read this paragraph. Kilmar Armando Abrego Garcia, as detailed further below, used his status in MS.13 to further his criminal activity.

[Joe Getty]

Right? Not his status as a father or dad as a MS.13 gang member.

[Jack Armstrong]

Over the course of the conspiracy, the co conspirators knowingly and unlawfully transported. Wait for it. Thousands of undocumented aliens, many of whom were Ms. 13 members and associates.

[Joe Getty]

So you're bringing in people that are now a member of a terrorist organization into the country. So not just random people paying. He was smuggling in members of the terrorist organization in the United States of America for not one year, not two, not three, not four, not five years, but nine years.

[Jack Armstrong]

Yes. And look, the fact that DOJ brought this indictment means presumably they have the evidence to prove this indictment. They're gonna put on that evidence. They're gonna put on that evidence that this guy was a gang member for nine years, that he was part of a conspiracy that smuggled thousands of people illegally, including other gang members.

[Joe Getty]

You think the media is gonna apologize for any of their stories who are attacking Trump and saying that he just sent a Maryland dad, a Maryland man.

[Jack Armstrong]

And understand this is the same illegal immigrant that my colleague, Chris Van Hollen, Democrat from Maryland, flew down and had really, what was a very sweet margarita with. I mean, it was a bro moment.

[Joe Getty]

It was a hand holding. It was a moment. It was a bro moment.

[Jack Armstrong]

As I tweeted out at the time, find somebody who looks at you the way Democrats look at illegal alien Ms. 13 gang members. Like, the sweet nothings in his eyes as he looked on. And by the way, you saw Democrat House members, you know, all on a parade to go down there.

[Joe Getty]

They wanted to use your tax dollars to go see the Maryland man.

[Jack Armstrong]

This is the face of the Democrat Party. This is who they stand for. So, look, you ought to ask yourself at home, AM I an MS.13 gang member who's a human, human trafficker who smuggles in thousands of aliens, who smuggles in gang members? If so, the Democrats of the party, for me, if you're not. If you kind of think we don't want human traffickers and gang members in America, well, then, I don't know what the Democrats say.

[Joe Getty]

Is this like the ultimate FAFO like moment? Because for Democrats, and I want people to understand the funniest part of the story, Democrats demanded we bring him back. He's coming back, gonna go to jail for a long time. And then after he serves his time, apparently we're gonna send him right back to the country where he just came from. Like, it didn't just go from bad to worse. Like, he would have been better off just staying where he was. Look, Democrats actually are putting this man in jail.

[Jack Armstrong]

And these facts, the facts that prove he was a human trafficker, the facts and evidence that DOJ is gonna put on, I hope and believe the American people need to know those facts because they need to know, look, we've already, in this podcast cover how the guy is allegedly a wife beater, that he has a long history of criminality. We played the audio of him being caught, human trafficking, but at the time, we didn't Know that there was a decade worth of thousands of people being trafficked, including other gang members.

[Joe Getty]

Count for what you wish for, right?

[Jack Armstrong]

And by the way, to understand, look, I don't know specifically what this gang member did, but I'll tell you, Ms. 13, when they are human trafficking, they are raping women, they are raping children, they are abusing women and children, they are abusing little boys, little girls, they're.

[Joe Getty]

Soulless, they do not care about human life or using human life.

[Jack Armstrong]

Ms. 13 is evil. And in Texas, we see the atrocities they carry out. I fully expect the evidence that comes out in this trial to be nothing short of horrifying. And I gotta say, if you're a Democrat and you've decided the entire future of your party is defending this guy.

[Joe Getty]

Yeah.

[Jack Armstrong]

You know what's weird, Ben? I'm not sure the Democrats are worried right now.

[Joe Getty]

I don't think they are.

[Jack Armstrong]

I mean, that's the strangest thing is in the face of this, there used.

[Joe Getty]

To be in politics moments where you knew you screwed up, where even your party, they're all in on California and still on defending this guy.

[Jack Armstrong]

Their position is that one Democrat congresswoman said law enforcement, get the F out. That's their message. No cops, no ice, no border patrol. We don't defend, we don't defend California, we don't arrest America. But gang members and murderers. You're a peeps.

[Joe Getty]

Amazing. I want to move to one final issue, and it's one that has gotten a lot of attention in conservative circles. It's certainly one that the media just refuses to talk about. And the president clearly wanted to use the power this week of his microphone to bring up the issue of the auto pin. When it comes to Joe Biden investigating, what did he know? When did he know it? Did he have any clue what he was signing with the auto pin? Was he even directing the auto pin to be used? Or were there people that were literally playing president.

[Jack Armstrong]

Yep.

[Joe Getty]

That were saying, I want to hook this political favor up or this pardon up or this piece of legislation or this executive order up. And he had no idea it was even happening.

[Jack Armstrong]

Well, and President Trump did a really good job explaining this in the Oval Office this past week. Give a listen.

[Ben Ferguson]

Predecessor dismissed your auto pen investigation. He said he made all the decisions during his presidency.

[Jack Armstrong]

I'm curious your reaction to his dismissal.

[Ted Cruz]

Well, look, the auto pen, I think is the big scandal outside of the rigged election of 2020. I think the biggest scandal of the last many years is the auto pen and who's using it I happen to think I know. Okay, because I'm here, and I'm not a big auto pen person, fortunately. I'm glad. I'm very glad. It's an easy way out, but it's a very bad thing. Very dangerous. You know, I sign important documents. Usually when they put documents in front of you, they're important. Even if you're signing ambassadorships or I consider that important, I think it's inappropriate. You have somebody that's devoting four years of their life or more to being an ambassador. I think you really deserve. That person deserves to get a real signature, not an auto pen signature. And I can tell auto pen easily. I can look at it like two little pinholes from pulling the paper, right? You always see the pinholes. It's real easy to tell about auto pen. I think it's very disrespectful to people when they get an auto pen signature outside. Auto pen, to me, are used when thousands of letters come in from young people all over the country and you want to get them back. And, you know, people use auto pens for that, to send a little signature at the bottom of a letter. We have thousands of them. We get thousands of letters a week. And it's not possible to, you know, do. I'd like to do it myself. You can't do it to me. That's where auto pens start and stop. But I don't think. I don't. I'm sure that he didn't know many of the things. Look, he was never for open borders. He was never for transgender, for everybody. He was never for men playing in women's sports. I mean, he changed. I mean, all of these things that changed so radically. I don't think he had any idea that what was. Frankly, I said it during the debate, and I say it now. He didn't have much of an idea what was going on, Mr. President. He shouldn't be. I mean, essentially, whoever used the auto pen was the president. And that is wrong. It's illegal. It's so bad, and it's so disrespectful.

[Joe Getty]

I look at what he said there, and I go back to something that is. You've seen auto pen. Do you have the auto pen? I've never asked you that. Okay, so I've gone to an office before to get a birthday card or something done when I worked in D.C. people would come over and say, hey, can we get this written? It's somebody's 70th anniversary, our 70th birthday. And they'll go, yeah, sure. And they'll put it together and they'll get it auto pin signed because there's so many requests like this. But he's right. Being the President of the United States of America, there's a lot of. If it's being put in front of you, it probably deserves a signature, if it's making it to be in front of you.

[Jack Armstrong]

Well, let's draw a distinction. First of all, let me explain what an auto pen is. It's a machine where literally you have a mechanical arm that holds a pen, typically a Sharpie. Most signatures are used with Sharpies. And so I've got an auto pen, as far as I know. I think every member of Congress has a bird.

[Joe Getty]

So my birthday card, you're telling me, was not really you signing that?

[Jack Armstrong]

No, no, no. When I made fun of you, that was definitely written me. But you use it for correspondence. I mean, in my time in the Senate, I've literally gotten millions of letters from constituents, and we send out millions of letters in response. And so you could spend literally every waking moment doing nothing but signing that correspondence. And so what you do instead, every congressional office has a correspondence office where for a given topic, if you ask me about illegal immigration, we have a letter in the office where that lays out your plans, my views on illegal immigration, and the policy team helps draft those, and they get approved. You know, I suspect we'll have a letter shortly on these LA riots and what's happening there, whatever the topics are that people are writing in on, a congressional office will prepare a letter that's responsive to it, and those will get auto pinned. That is very different from something that requires a signature to have legal effect. And they're really.

[Joe Getty]

That's a great distinction way of describing it.

[Jack Armstrong]

There are three categories that are consequential here. Pardons, executive orders, and laws. And let me break all three of these down, because there's real legal significance in the question that President Trump is raising. All right, first of all, pardon me, there are a whole bunch of folks that Joe Biden pardoned.

[Joe Getty]

Controversial pardons, by the way.

[Jack Armstrong]

So including. So on the same day Joe Biden pardoned Anthony Fauci, he pardoned General Milley, former Chairman of the Joint Chiefs of Staff, and then he pardoned every member of the January 6th commission. So he pardoned Benny Thompson and Liz Cheney and Zoe Lofgram and Adam Schiff and Pete Aguilar, Stephanie Murphy and Jamie Raskin and Elaine Lauria and Adam Kinzinger.

[Joe Getty]

And by the way, they were begging.

[Jack Armstrong]

For these pardons, all nine of them got pardoned. It's being reported now that the one pardon that Biden signed personally was his son Hunter Biden's pardon, but that all of the rest of these pardons were auto penned. And here's what President Trump tweeted out. He said, quote, the pardons that Sleepy Joe gave to the Unselect Committee of Political Thugs and many others I gotta say, I love. Nobody writes like Donald Trump.

[Joe Getty]

Yeah.

[Jack Armstrong]

Are hereby declared void, vacant, and of no further force or effect because of the fact that they were done by auto pen. In other words, Joe Biden did not sign them. But more importantly, he did not know anything about them. The necessary pardoning documents were not explained to or approved by Biden. Now, let's talk about pardons first. So pardons do not have to be in writing.

[Joe Getty]

Okay.

[Jack Armstrong]

If you look at the language of the Constitution, Article 2, Section 2, Clause 1, says in relevant part, the President shall have power to grant reprieves and pardons for offenses against the United States. So the Constitution does not specify any particular form of a pardon. It doesn't specify, it has to be in writing. It simply says the President shall have power to grant reprieves and pardons. So with respect to pardons, whether it's signed or not, that's not a constitutional requirement. But what is a constitutional requirement is that the President grant it.

[Joe Getty]

Interesting.

[Jack Armstrong]

And so what President Trump alleged is Biden didn't know about this, didn't know what he was doing. It was not his decision. I think it is entirely possible that we will see the Department of Justice prosecute someone who has received one of these auto pen pardons. Really, if they prosecute someone, it's going to be someone for whom there is clear evidence of a federal criminal violation. But also it will be someone who there is evidence that Biden didn't know about it.

[Joe Getty]

So they would have to bring. To do that, they would have to bring evidence he didn't know about it. And then does that kick off the big grand debate and the investigation because you bring those charges to say, okay, let's see if you can prove that he did know about it.

[Jack Armstrong]

So look, if DOJ brought an indictment against someone that Biden had pardon using an auto pen, the defense lawyer would almost immediately seek to get the indictment dismissed because there's. Because of the pardon.

[Joe Getty]

Sure.

[Jack Armstrong]

And I would expect the court to litigate. The DOJ would argue this is not a valid pardon because it was not issued by the President. It was issued by a staffer manning the auto panner. And the question would be, did Joe Biden approve and authorize it personally, or was this just the staff?

[Joe Getty]

They just said, hey, give my buddy or our friend or our colleague or ally this.

[Jack Armstrong]

So, for example, they would look to. All right, did Biden make public statements about it? Was he interviewed? Did he stand at a podium? What did he say? Because that would go to, was he aware of it and did he approve it? Now let's focus on statutes. Can the President sign a law and have it become a federal law by auto pen and not by signature? And here, actually, the question is actually pretty similar to the pardon question. It comes down to what Biden knew. So actually, in 2005, the US Department of Justice, the Office of Legal Counsel, they issued a formal opinion whether the President may sign a bill by directing that his signature be affixed to it. And the summary of the conclusion was, the President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law. Rather, the President may sign a bill within the meaning of Article 1, Section 7, by directing a subordinate to affix the President's signature to such bill, for example, by auto pen. And here the statutory languages is, or rather the constitutional language is more explicit. So here's what Article 1, Section 7 says. Quote, Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States. If he approves, he shall sign it. So sign it is explicitly there. You can't orally, sure, sign a law. You have to sign it.

[Joe Getty]

But that's why bill signs are such a big deal.

[Jack Armstrong]

What the Department of Justice concluded, and this is a lengthy opinion, is the settled understanding of the meaning of sign. An individual can sign a document by directing that a signature be affixed to it by another. And so they conclude. This settled understanding of the meaning of sign leads us to conclude that Article 1, Section 7 permits the President to sign a bill by directing a subordinate to affix the President's signature to it. Now, I've got to say, as a legal matter, I think there's a strong case to be made that that is accurate, that you can authorize someone to sign a binding legal document for you if you're the decision maker and you.

[Joe Getty]

Say, hey, I'm on a plane is a great example, national emergency, worst case scenario. And you say, sign that right now to do what? X, Y or Z?

[Jack Armstrong]

And let me give you an example. I have personal experience With. So, as you know, when I came out of law school, I was a law clerk for Chief Justice William REHNQUIST on the U.S. supreme Court. And every time there is an execution in this country, almost without fail, there are emergency appeals that go to the Supreme Court. And they often will go and be concluded at midnight or one or two or three in the morning, because typically the death warrant is carried out right before midnight. And so the appeals are filed last minute. And so when that happens, there is a law clerk from every justice that remains at the court till the matter is resolved. And the Chief justice had jurisdiction over the D.C. circuit, but also the 4th Circuit, which covers a number of states that have capital punishment. And so when the execution occurs in the circuit that your justice is the lead for, the justices will vote. They do it by phone. So you will read the emergency appeals, you'll summarize the emergency appeals, you'll call your justice, wake him or her up, explain the issues, and then the justices will vote at the end of the process. The very last thing that happens in the process is there is a form that is sent to the prison. And there were multiple, essentially death warrants that I signed. And I would sign them whr, tc. WHR was William Hubbs Rehnquist. So I'm signing for the Chief Justice TC because the chief was home in bed, so he was not physically signing it, but because I had authorization to sign it. You'd literally put it on then a fax machine, and at the prison, they'd pull it off the fax machine. And that signature that I had signed for the Chief justice was sufficient to carry out an execution.

[Joe Getty]

The TC at the end is that just to clarify that you did it on behalf. Okay.

[Jack Armstrong]

And you see that sometimes secretaries, when they sign for someone, will do the same thing and put the slash to say, who is signing it? What? I would say the critical question in terms of a law. Look, there will be an argument that the word sign in the Constitution means sign. And so it's not a frivolous argument that the auto pen can't do it in any circumstance. And I would expect that potentially argument to be made. But the more powerful argument is, did the president direct that his signature be.

[Joe Getty]

Affixed to it, or did a Safra go rogue?

[Jack Armstrong]

Did a staffer just say, yep, this is our policy, so put it in the autopad, it's signed. And listen, White Houses keep records. You've worked in a White House.

[Joe Getty]

They keep meticulous records, especially on this level.

[Jack Armstrong]

And so I fully expect there to be litigation, questioning, looking for a statute where there is not clear indication that Biden was aware of it, that he, he made a decision to sign it, but rather that simply you had a White House staffer say, okay, this is our policy. Let's sign it. And if that's the case, I think there's, if the president did not direct that his signature be affixed to it, I think there's a real argument that is not a law that is not validly in the United States Code. That law is null and void. I think that. And by the way, it's not sufficient for the president at the outset to say, hey, I support this law. Okay. That's different from you can say you support all sorts of law.

[Joe Getty]

Sure.

[Jack Armstrong]

That's different from making the decision, I am going to sign this law right now. Look, there are all sorts of laws that you could say you support, but the legislative process is like sausage making. You don't even know what's in the thing till it passes. And so finding early statements from Biden that I support such and such policy is not enough. I expect the question to be, and by the way, you don't have to wait for litigation because Donald Trump has access to all of the White House records that will show did Biden make those decisions. That's why ordering that investigation is so strong, because if they find a law that there is no record of Joe Biden saying, I want to sign this and I am directing you to sign this, then I think there's a real argument that law is not validly enacted.

[Joe Getty]

It's incredible. We're going to keep covering it. Don't forget, we do the show Monday, Wednesday and Friday. Hit that subscribe or auto download button so you do not miss an episode. Also, if you're watching this episode on YouTube, make sure you subscribe on YouTube as well as we put these out so you don't miss them either. Tell your family, tell your friends about this show, and the senator and I will see you back here in a couple of days.

[Jack Armstrong]

Why should you listen to Armstrong and Getty on demand? We're not boring. A lot of news is boring and tedious and depressing and makes you angry. You don't want to live your life like that. Hey, I'm Jack Armstrong.

[Joe Getty]

He's Joe Getty.

[Jack Armstrong]

We're Armstrong and Getty. We try to bring you the truth and help you figure out this crazy.

[Joe Getty]

Modern world about something about a comedic tone.

[Jack Armstrong]

We have a winner. Yes. Listen to Armstrong, you spaghetti on Demand on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.

[Joe Getty]

This is an iHeart podcast.