← The Clay Travis and Buck Sexton Show
The Clay Travis and Buck Sexton Show
Ep. 4: The War In The Courts: How Our Constitutional Rights Are Under Attack
01:05:08
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- [00:01]
David Rutherford
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Jordy
The hatchback.
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David Rutherford
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- [00:31]
Jordy
For some of us, personal finances aren't just personal, they include a lot more people than ourselves, loved ones, neighbors, the communities we call home, and the causes we hold in our hearts. At Thrivent, we help plan your financial picture with the bigger picture in mind. Because even though our business is helping guide your finances, our ambition is to make it mean so much more. Thrivent where money means more Connect with us@thrivent.com Clorox Scentiva smells like lavender.
- [01:08]
David Rutherford
Cleans like Clorox.
- [01:11]
Jordy
And feels like alright. That could go on for a while. Experience the long lasting freshness of Clorox Scentiva. Available in Clorox Scentiva Lavender Scented Bleach Use as directed Thumbtack presents the ins and outs of caring for your home out procrastination, putting it off, kicking the can down the road in plans and guides that make it easy to get home projects done out carpet in the bathroom like why in knowing what to do, when to do it and who to hire. Start caring for your home with confidence. Download thumbtack today. This message comes from Greenlight. Ready to start talking to your kids about financial literacy? Meet Greenlight, the debit card and money app that teaches kids and teens how to earn, save, spend wisely and invest with your guardrails in place. With Greenlight, you can send money to kids quickly, set up chores automate allowance and keep an eye on what your kids are spending with real time notifications. Join millions of parents and kids building healthy financial habits together on Greenlight. Get started risk free@greenlight.com iheart there's a.
- [02:27]
David Rutherford
War going on out there and you know where it is. It's happening in the legal system. That's right, regular everyday Americans, political parties and everybody in between are actively being threatened and war is being waged against them for free speech, political ideas, you name it. So join me today as we discuss what this battlefield looks like. Welcome to the David Rutherford Show. Here's the deal. When I was a kid, I didn't grow up like your typical kid, right? Yeah, I played sports and I went to the beach and I hung out with my friends. But the difference that I grew up in is my dad was an attorney. Now I know don't hate him, right? So many people have a bad taste in their mouth for attorneys. But I loved him. I loved him dearly, and I still love him today. And the reason I loved him was because of how unorthodox my childhood was. Now hear me out. So for most people when they grow up, right, and you get around your dad, you're. You're learning ideas about, right, how to start a fire or. Or how to be, you know, how to. How to shoot a gun or how to go fishing. And not that I'm hammering my pop, but what I learned about is how to contextualize the world through the eyes of a lawyer or through the legal system. I remember on. You know, my old man ran a nice, small law firm down. I live in South Florida. And it's his passion. It's what he believes in. He believes in the power of the law. And so he'd work seven days a week trying to run this law firm, trying to provide the very best legal advice to his clients. And his firm did all different types of legal work. His specialty was in estate planning, which, if you ever think about it, man, it's one of the hardest aspects to engage with your clients because you're talking about the end of their life and what happens to their hard work and what happens to their estate and what happens to their family and their kids in the following generations. And so I would ask my dad, you know, why do you practice law? Like, why don't you go out and be a real estate guy? Or why don't you go out and, you know, run a business or something like that? And he was like, well, David, here's the deal, right? The law is the most important thing that we have in America. And I was like, come on, Pop. Most important thing we have in America are destroyers and bombers, right? He's like, yeah, there's some truth to that. But what happens after you establish your power and prominence of an organization of a country or a state or whatever it might be? You've got to create a system that people believes there's fair play. A system where everybody has a right to be able to make an argument that's judged by their peers in order to get an outcome that's based upon some framework or the rule of law. He was the one that taught me about English common law. He was the one who taught me about ancient historical law. And even though he's not a very religious guy, he's the one who introduced me to the Ten Commandments, the original laws that we have to Adhere by in our society. And so, as I said before, my dad would work seven days a week. And so on Saturdays after, he'd take me to my flag football game or soccer game or whatever it was. He'd be like, all right, son, before we go home, before we go get lunch, I gotta run into the office and do a little work. And so there I would be in his corner office, and I'd be sitting there watching him doing what he's doing, and I'd be like, pop, you know, what are you doing? And, you know, when he was busy, he'd be like, hey, shut up, kid. Here's a Dictaphone. Go play with that. Now slow your roll. It's a recording device from the old, old times, right? You press play, you record your thoughts, then you give that to your paralegal, and they transcribe your ideas into briefs or into documents that come out and become legal documents that you use for your caseload. And after he'd finished, he'd say, well, what do you want to learn about? I said, well, how does it work? How do you bring forth a case? And he says, well, do you know anything about your grandfather, Mr. Winston Hathaway from Muskegon, Michigan? You know, he was a very prominent attorney in Michigan. Actually argued a case in front of the Michigan Supreme Court. You know, he was a trial attorney. So there's trial attorneys, and then there's criminal attorneys, there's civic attorneys. There's all these different types of attorneys for family law, for divorce, there's for business, for commercial real estate. In fact, when you really break down our society, there isn't much that the legal system doesn't touch. In fact, in my mind, it touches everything. Therefore, you begin to realize the prominence of the role it plays in our society. And that's something that I think has really been lost until in the unfortunate circumstance that you're confronted by, you need to depend on the legal system. And that legal system is ultimately what you believe in your heart. Because you live in America, the greatest country in the world, that the legal system is going to treat you fairly. Now, as I've gotten older and had to engage with the legal system on multiple occasions, some of them not my most proud moments and some of the most difficult moments in my life, you know, what I've come to realize is that the legal system isn't exactly what I thought it was based on these highly principled ideas that my father imbued upon me, starting from the time I was a very small kid. I mean, it's one of the most profound moments. I didn't watch a lot of sports with my dad, although we did watch sports. What my dad would love to do with me is we'd watch 60 Minutes and we'd talk about things from that. Or he'd read the Wal Street Journal or the New York Times and he would say, hey, son, take a look at this is what's going on in the world, and this is what's taking place in our legal systems. And so I had, I think, a very different perspective growing up now from my time that I ended up going into the service, I really kind of became ultra fixated on mostly the foreign affairs policy of the United States. But there were multiple times where I began to realize that even at a global level, the United States has to bring forth its case for ultimately the various things that I was involved in. And I think the most prominent one was the case for the Iraq War, where we convinced an overwhelming majority of people and countries that we're allied with to join us because Saddam Hussein had weapons of mass destruction. And, you know, I've got some of the friends, some friends that were on those original teams to search that out. And we conclusively know that a grand portion of that was a misrepresentation of what the intelligence actually said. And so I started paying more attention to this. And I think the one that really, really kind of caught my eye, which really, really impacted me at a deeper level, was the Blackwater story when four Blackwater contractors were indicted for a bad shooting in a market in Iraq. Now, if you want to really do a deep dive on this, I think it's one of the greatest shows that Sean Ryan has ever done. He has all four men, those men on they describe in detail how they were railroaded, how they were wrongly accused, and then how Biden and his people at the DOJ during the time were trying to get a big win against kind of the system, or Erik Prince, if you will, in Blackwater. Now, don't get me wrong, I certainly recognize that nobody's perfect. And most likely there were some things that took place that shouldn't have. But I also know that those men were unjustly persecuted for doing their job for the American people, the American public. We were not mercenaries. And I had just left Blackwater the year before this went down. And so that really advanced. But the biggest thing really pivoted for me began in 2016 when I started to realize, hey, whoa, there's a massive problem with the new presidential candidate, Donald James Trump, being A Russian agent. And now, if you're familiar with that, it's called the infamous Russiagate. It really began to reshape how politics. And listen, I have no illusion. From day one of any political engagement as far back as we can remember, there's been nefarious activities, right? Machiavelli became famous for a reason, right? Hell, just go read that incredible book, 48 Laws of Power, right, to where you can learn how to manipulate other human beings. And one of the primary ways that has been manipulating people throughout history is the use of courts and the legal system, wherever it may be. Now, you know, when we saw what began to transpire with Donald Trump and this Russiagate thing, I was shocked. I was in absolute dismay that. That this businessman, this guy who's notorious for his dealings in New York City, which doesn't exactly have the greatest track record of, on the up and up dealings over the past history, in particular in the 20th century and early 21st centuries. But what you do say is that why is this guy being persecuted? Why is this guy, who was once the darling of not just the Democratic Party, but the Republican Party, I mean, look at how many different people he supported over the years. Politicians, how many people supported him? I mean, some of my favorite interviews are when he was on the View or he was seen with Bill and Hillary Clinton, or when he was on Oprah and she's begging him, why don't you run for president? But somehow this guy comes up and he's on a different side than what everybody thought he was, and next thing you know, he's a Russian agent. Now, fast forward, obviously, what we've learned in greater detail, most importantly from John Durham's investigation, who worked for the doj, we've come to realize that pretty much the entire thing was fabricated by his political opponent and then enhanced by the acting administration, and really in order to tear this guy around in order to alter a political outcome. Now, like I said, this is nothing new. It goes on all over the world, all different times. But I think what really bothers me the most is that, you know, as a person that put the uniform on, raised my right hand and swore an oath of allegiance to a system that is supposed to be built on the rule of truth. Right? You know, and I think maybe I was just naive and this really, really, really enlightened me as to that fact. Now, it wasn't just Russiagate. We also saw the impeachments trials. We saw the bookkeeping case by New York. We saw other cases, in particular the election fraud case out of Georgia. All of which I think in the next months or years, we're gonna discover there was a significant conspiracy and collusion to bring forth these cases in any way, shape or form to tear down the potentiality of Donald Trump having any long term impact on the system that had entrenched themselves within our government and other stakeholders around the world. And now what we're seeing, just within the first, it's not even 100 days yet, we see a wave of Article 3 judges that are hearing cases and issuing judgments that are directly impacting the Trump administration's policies. Right. And for many people out there, this is a major problem. This is a problem that seems to be just more of that war taking place in the legal systems that's political in nature or. Or combined with people that are seeking power, trying to wrestle power away from others, and people that are afraid of having their power taken from them. You know, I think probably the most notorious one so far is Judge James Boasberg. You know, he had heard this trial about the Trump administration deporting these Venezuelan gang members down to El Salvador. You know, and he, in his, in his brief, he said the Trump administration acted in bad faith by surreptitiously rushing to deport two planes of the alleged Trend de Argua. God, Jordy, how do you say that, man? I think it's Aragua. Yeah, man. Thank you, Jordy. I appreciate it. Thanks, Jay. Money members to a Salvadorian president. Right. So, you know, when. When, when it's illegal or a judge, a district, or, you know, a judge says that it's illegal to deport illegal aliens, that's pro. That's. I mean, that starts to make my mind melt a little bit. And especially illegal aliens that are part of a criminal organization that in many cases have been wreaking havoc on the American public. I don't get that. What's the point? All right, the other one is from Araceli, Martinez Oglwin. Am I saying that right again, Jordy, I need you, buddy. I need you. I don't know about that. This is a federal judge who ordered the Trump administration a couple Tuesdays ago to restore taxpayer funding for legal services for illegal immigrants to support their cases. Right. Their immigration. So they come into the country illegally, they're given, in many cases, Social Security numbers. In fact, we just saw a statistic of those numbers and how dramatic they were in terms of just last year alone. I think it was 2.4 million people received Social Security cards. And maybe, Jordi, you can throw that up here. For a little bit. And you also have these people that were given money to stay in hotels. And here's your court date in the future sometime to show up in 2027 to hear your case. Well, this judge basically said, all right, the federal government's going to pay for these people to adjudicate their courses and case so they can be here legally, if you will. Which, as we then found out, this judge had worked for one of the advocacy groups involved in the litigation. Let me repeat that. This judge had done work for one of the advocacy groups that had filed this litigation. Now, I don't know what conflict of interest means to you, but to me, it's like, hey, if you're anywhere remotely affiliated with this, you can't do it. It's much like that Judge Marshawn case, you know, the bookkeeping case in New York where this guy's daughter was raising money for the Democratic Party. I mean, that seems like a conflict of interest. And what, again, tears down people's faith in the legal system, you know, and then the other one that really is problematic for me, that hit. And now most people kind of this is an afterthought case. But for me, it's critical to understand the magnitude of how all of this potentially is fused together. And that was a recent 6th US Circuit Court of Appeals decision on the Gretchen Whitmer kidnapping case. Now, if you're not familiar with this case, several years ago, Gretchen Whitmere, a bunch of guys in Michigan, in a Michigan pseudo militia, were found to be conspiring in order to go to Gretchen Wichmer's vacation house, kidnap her, and then, you know, do whatever with her. And a lot of the documents are online. You can see the details of the case. Well, the Court of Appeals, in a unanimous 3, 0 decision, rejected the defendant's arguments that they were entrapped by the FBI. Fox and Croft had claimed that the government informants and undercover agents induced them into actions they would have otherwise taken. However, the court found that while the FBI's tactics were aggressive, including the use of informants who suggested targeting Whitmer and provided resources like a shoot house for training, the defendants showed clear willingness to commit the crime. All right, now, when you look at this case with the crazy thing, the original indictments, it was something like 12 to 15 people. And what it ends up turning out in the court, the original case, that like eight of these people were either FBI agents or paid informants, one of them would actually, a female, would get these defendants high, record them, and lead them into yeah, let's go do this. Now, obviously, there's a tremendous amount of nuances, but the real challenge that I have is that there's an obvious breach of these individuals rights. And so the court of appeals wouldn't even allow the appeals process to take place, so these people could have their case heard because they were just done with it. They were over with it. And so what is the grander context of all these things? Before we read this, we're going to take a quick break. You know, when I worked at the agency, when I was an instructor, the boss of me was this incredible guy. Really amazing operator and background. Just incredible. But the funniest thing he used to say to us all the time is, like, you got to put the hot sauce on it, Rut. You got to put the hot sauce on it. I'm like, what are you talking about, man? He goes, man, I've traveled all over the world. I love the spiciest, hottest food there is. I love the spicy food from the Caucasus. I love spicy foods from the Middle east and Iraq and Iran. I love spicy food from Thailand. Thailand. And from Vietnam and Cambodia. I love spicy food from Central and South America, man. It's just. I love that heat. And I was like, dude, okay, all right. So what you're saying is I gotta expand my palate a little bit and induce a little. A little hot. A little spice in there is what you're saying. He says, yeah, man, spice is what makes your food taste great. Well, I'm here to tell you, I believe him. It's true. Because after I met that man, I started making my food taste spicy. And I'll tell you where I found the absolute top formula for that spice is with Firecracker Farms. That's right. My good friend Alex's company, Firecracker Farms, is hot salt in these cool salt shakers. Now, this organization uses three main peppers to make their spicy salt. A ghost pepper, a reaper pepper, and the scorpion pepper. And they call these the three kings. And they make them right there on their own family pot, their own family farm that all the kids get involved, they help take care of those plants, they nurture those peppers. And then they have got this great process where they make this salt. And I'll tell you what, man, the first time my buddy Alex gave me one of his pepper shakers, I put that on my eggs in the morning, and it was spectacular. So what did I do? I started putting it on just about everything I eat. I got to the point where my daughters would see me pull out the salt shaker, the hot shaker, and they'd be like, don't get that near our food. You know why? Because it was hot and it was spicy, just the way I like it. And I think you will too. If you haven't ever tried hot salt, this is the company you want to try. So push away those old hot sauces and actually go in and, and use this as you're making your food. It really, they have a bunch of different varieties of heat and the heat index that they have, they've got something called normalized violence. They've got the snake eater, which I love, right? They've got a apocalypto. They've got hotter stuff. They've got the three Kings hot salt. They've got firecracker form, Pineapple Express, the Lambo Lemon drop, and the mermaid mustache. And I always love the look of the mermaid mustache. But they have a different scale rating for you. Beautiful packaging, these great salt shakers. You know, don't be afraid. Like, get a little adventurous, you know, get a little nutty sometimes. Get out there, go to Firecracker Farm. That's Firecracker Farm. Punch in a promo code. Ruth Rut romeo uniform, tango rut 15 to get your discount today. But again, the real point is don't be afraid. Live life a little spicy and start with Firecracker Farms. At Ameca Insurance, we know it's more than just a house. It's your home. The place that's filled with memories. The early days of figuring it out to the later years of still figuring it out for the place you've put down roots. Trust Amica Home insurance Amica empathy is our best policy.
- [25:34]
Jordy
Did you know that parents rank financial literacy as the number one most difficult life skill to teach? Meet Greenlight, the debit card and money app for families with greenlight. You can send money to kids quickly. Set up chores automate allowance and keep an eye on what your kids are spending with real time notifications. Kids learn to earn, save and spend wisely. And parents can rest easy knowing their kids are learning about money. With guardrails in place, try Greenlight risk free today@greenlight.com iheart Thumbtack presents the ins and outs of caring for your home. Out uncertainty, self doubt, stressing about not knowing where to start. In plans and guides that make it easy to get home projects done out word art. Sorry. Live laugh lovers in knowing what to do, when to do it and who to hire. Start caring for your home with confidence. Download thumbtack today for period Protection you can put on and forget about nothing. Beats Nyx Leak proof underwear. North America's number one leak proof underwear brand. Let's face it, life can be unpredictable. But your leak proof underwear shouldn't be. That's why millions of people choose NYX for periods, for light leaks, for everyday freshness. Nyx undies are super comfy, super absorbent and made to handle whatever your day throws at you. Day two of your period covered your daily run, no problem. That big sneeze? You know the one? Yup. We've got you. And with styles like bikinis, boy shorts, thongs and high rise plus sizes from extra small to 4XL, NYX makes it easy to find your perfect fit. Say goodbye to stress and leaks and say hello to undies that work just as hard as you do, no matter the leak. Find the style and level of protection you want@nyx.com and use code flow15 for 15% off. That's knix.com code flo15 for 15% off NYX for your leaks for your life.
- [27:32]
David Rutherford
Hello, it is Ryan and I was on a flight the other day playing one of my favorite social spin slot games on jumbaccasino.com I looked over the person sitting next to me and you know what they were doing? They were also playing Chumba Casino. Everybody's loving having fun with it. Chumba Casino's home to hundreds of casino style games that you can play for free, anytime, anywhere. So sign up now@chumbacasino.com to claim your free welcome bonus. That's chumbacasino.com and live the Chumba life. Sponsored by Chumba Casino. No PURCHASE NECESSARY VGW group Void where prohibited by law 21 plus terms and conditions apply. Well, not only is it just, you know, trying to impede Donald Trump for implementing the will of the majority of the American people and what they voted for and how, you know, what you're also seeing is attacks on civilians, attacks on people that either are unknowing or unwitting of what's, you know, of the malfeasance behind their entrapment or on a grander context, attacks on people and their ability to have free speech. And that's something that you really need to pay attention to out there. Whether you look at the January 6th case and don't get me wrong, I think the atrocities that took place against police officers and Capitol Police officers was horrific. But I also know there were agitators in that group. Just the other day Joe Kent was on Capitol Hill who said there is an investigation. And what they found, along with one of the congressmen from Louisiana and other people, that there was potentially 200 plus informants or government officials that were in the crowd that day. Now what does that mean? I'm not saying they actuated it or they, they instigated or whatever, but Joe, Ken actually did say they have documentation that some of these informants were specific to the removing of the barricades, which allowed people to get in close proximity to the Capitol itself. The other one I also wanna have people look at is the pipe bomber. It's critical. And there's a guy out there at Revolver News who's done incredible background investigation on that whole case, which is something we need to know a lot more about. All right, so what's the real question am I getting at? All right, the real question is whether judges have been used throughout history to wage war against different individuals and or groups in order to suppress beliefs, agendas, desires, economically, or whatever it may be. And. Right. The undoubtable answer is yes. So what does that look like for us? What does that look like for you and me? What does that look like for our family members? Now, obviously some of the residual outcomes of this. I think the number one that we see all the time is we see bankruptcy. Look at General Flynn. General Flynn, who was secretly targeted by the Bureau and the FBI and the CIA for an illegal conversation with one of his political counterparts in Russia. They attacked this guy and this guy was one of the top US officials under the Obama administration. He was the head of the DNI or was scheduled to be the. The Director of National Intelligence. But he was certainly the head of the DIA and worked within DoD at the highest levels at JSOC all throughout the GWAT. But again, Donald Trump tagged him. So what are they gonna do? They're gonna destroy that man. They destroyed his pension, they destroyed his future, they destroyed. Now, thankfully, he's been able to climb back. But again, if you wanna watch a fascinating documentary, go watch Flynn the documentary about him. Who else have they gone after? Now, another caustic or volatile lightning rod that exists out there is, I think that's a notable case, is the Alex Jones case. Now, he just recently did an interview on Tucker Carlson that I found fascinating. Now here I'm gonna establish this real quick. I thought it was appalling of the commentary and the insinuation that he potentially made that the Sandy Hook massacre was some type of false flag. Now you can go back and you can watch the details of those shows if you want. Whatever way he did it, I thought there was a pretty unethical approach to how he did that. And I have the most deepest regards and sincere condolences for those people who lost their loved ones. But again, if we live in America and we look at the Constitution and you know, the First Amendment is the freedom of speech, and that's protected all speech. And even if it's the speech you don't wanna listen to or you don't like, or you get offended or you feel hurtful, right? That speech is protected. Now, granted, you can't go on the Internet and start telling everybody you're gonna kill them, you're gonna go at them, you're gonna do this, which like a lot of crazies out there on both sides are doing, which is a pretty horrific, what do you call it, trigger for some of the crazies to go out there. And you know, perhaps that was what inspired that young man to take a shot at President Trump and almost kill him by less than a quarter inch. Perhaps that was why that young man went to one of the Supreme Court justices House with guns and was gonna assassinate him. Who, by the way, just got, I think, either end or convicted. I'm not sure. Something just recently happened. But remember the rhetoric, right? The rhetoric or violence? There's a million different ways to entice. But I do believe that we should curtail that or at least investigate anybody who's calling for the very specific targeted or violence against any people, regardless of what their views are. Trust me, there are tons of people that I see on the Internet, day in and day out, just spewing hatred towards each other. And I think, you know, it makes me ill. I wish we could. I genuinely don't believe that most Americans have that much difference in common. Yes, we come from different cultures and yes, we believe in different things, but is it worthwhile to invoke violence or politically persecute through the legal systems? No. This is ridiculous. Right. And if we continue down that road, things are going to get ugly. My point of all of that is, what I'm trying to say is that there has been set forth in the US Constitution a framework that, if implemented in the appropriate way and in the appropriate steps, should pretty much guarantee the ability for all Americans to have Justin at their backs instead of in their fronts. Right. The thing that they have to wage war against is the system. I mean, that just seems crazy to me. So what I want to do now is I just want to introduce you to some core constitutional ideas that maybe you've Never taken the time to go in and understand this and where this comes from, but there's a point and I'll get to it. So just humor me or have patience with me while I do this. All right. This is under the President's authority. Right? The U.S. constitution outlines the President's authority to execute the power of the executive branch. Branch Primarily in Article 2, which establishes the executive branch. Below are the key provisions related to the President's authority to execute those powers, along with brief explanations. So Article 2, Section 1, Clause 1. The executive power shall be vested in a President of the United States of America. This is the vesting clause which grants the President the broad authority to exercise the executive power of the United States. It implies that the President is the chief executor of federal laws and has the responsibility to lead the executive branch through specific powers at any time after they've been appointed. Right? Now, this goes back to what are the laws in terms of illegal entry? What are the laws in terms of bookkeeping or borrowing money or the real estate valuation of a particular property? I mean, some of this stuff was insane, and a lot of these were just novel ideas that were pulled out of the thin air of legal theory, which we all know what that can lead to. All right, so clause eight, before he entered on the execution of his office, he shall take the following oath of affirmation. I do solemnly swear or affirm that I will faithfully execute the office of the President of the United States and will do the best of my ability to preserve, protect and defend the Constitution of the United States. Right. You know, I've taken that oath on multiple occasions, and I hold that oath dear to my heart. And so what I always ask people is like, have you ever taken an oath yourself? And I think what I'm asking right now, whether lawyers out there, or more importantly, judges, you know, when you take that oath and you become that judge, do you take it to heart? Have you read the Constitution? Do you understand what you represent to not only yourself and your family, but to the people who are going to come in front of you with the expectation of a fair system? All right? The President's oath underscores the duty to faithfully execute the office, emphasizes responsibility to uphold the Constitution and carry out executive functions diligently. All right? Article 2, section 2, clause 1. The President shall be the commander in chief of the army and Navy of the United States of America, of the United States and of the militia of the several states which called into the actual service of the United States he may require the opinion in writing of the principal officer of each of the executive departments upon any subject relating to the duties of their respective offices. And he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. All right, now, just that line alone. We look at what's taking place and the incredible attacks on the people that have been approved to go and run the agencies that he's trying to implement his policies. We see every single day these attacks on people trying to provoke some type of public outcry that these people are incompetent enough to lead these offices. The one in particular for me was Tulsi Gabbard. I mean, it's just crazy to me that anybody would say that that person, that that woman does not have the capacity to be the dni. And it's true. And if you're paying attention to what she's doing, which I obviously suggest, everybody follow some of these people in your ex feed or wherever you're following people and not just look at what people ate for dinner or what vacation they're on. Right. But to actually pay attention what's going on in. Just yesterday she came out and said they found some evidence about some questionable things that are going on within the voting systems. Right. That's critical to understand, but that's been given her that authority by the president who put her into office. Right. All right. Article two, section two, clause one. Now, the commander in chief, the president, has authority over the military, giving them significant control over national defense and military operations. So, you know, one of the things that I in particular am a little bit upset about with both parties over the last 25 years or so is the really kind of the unchecked ability to wage conflict around the world without the appropriate authorization by Congress because we don't label them as wars or war powers or whatever. And unfortunately, a lot of that I think has been manipulated or has been mismanaged by people on both sides, you know, from the Bush administration, the Obama particular, Biden. And, you know, I do have some ideas about what's taking place for Trump, but overall, what Trump believes is what I believe when it comes to our geopolitical prowess is that we gotta stop these forever wars. I'm sick of young men dying in places. In particular, I'm sick of young Russians or young Ukrainians or young Houthis or. Now the word is Iran's on the table. How many hundreds of thousands, if not millions of young men are gonna be thrust into their deaths over these wars. And so the weight of that responsibility should be much more significant and should be dispersed across. Across multiple of the branches of the government. All right. All right. Clause 2. He shall have power by and with the advice and consent of the Senate to make treaties provided 2/3 of the senators present concur. And he shall nominate. And by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and councils, judges, judges of the Supreme Court and all other officers in the United States whose appointments were not herein otherwise provided for and which shall be established by law. Now, this means that the President has the authority to make treaties and appoint major officials, including judges, as previously discussed. But these require Senate approval. This reflects the President's role in executing foreign policy and staffing the executive branch. And I think that's one of the major things that we're seeing, is that. But the President is wrestling away a lot of the power that has been integrated into kind of the unelected government which over the last, I'm gonna say 40, 45, 50 years, right? We saw this with his defunding of 50 billion of USAID. Now, I'm here to tell you, yes, USAID does contribute in some positive ways. I've seen it myself. Overseas, there are good programs. But what we now knew from Doge with Elon's work, and by the way, Elon is an advisor that the President has a right to bring into government just like all the other different advisors, whether the government uses, you know, these think tanks, whether it's Booz Allen or it's whatever, all these different, you know, Washington, D.C. based firms or Silicon Valley firms as to support and help and guide these initiatives of US Presidential policy. But what's happening is he's taking away their money. So what do we see? We see some lawfare being waged. All right. Article 3, section 3. He shall from time to time, give the Congress information of the State and of the Union and to recommend to their consideration such measures he shall judge necessary and expedient. He may on extraordinary occasions, convene both houses or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public ministers. He shall take care of the laws. Right. This is the pretty one. He shall take care that the laws be faithfully executed and shall commission all the officers of the United States. Now, that right there is an important part of this right. It's his duty to make sure that the established laws of the United States are being fulfilled right through his policy. Here's the problem, and this is something that is critical to understand for you, that that constitutional and executive authority is critical in order for a presidential candidate who is duly elected right through the process that we've established in order to fulfill the mandate of the majority of people. And it's not just majority. Right. It's the electoral college. And that's for a reason. All those people who wanna take away Montana's rights because they they don't have the size of New York or California, that's bogus. We have equal representation and that's for a reason. Okay, now here's the kicker. This is where it comes into the executive brand. Now here, before we read this, we're going to take a quick break. Right. I just will be right back after this. Hi. Thanks for watching the David Rutherford show or listening. We're stoked to have you. But what we want to do now is we want to just offer a really unique opportunity and that's to join us on our Patreon account. You can find us at davidrutherfordshow. Now, it's a $2 subscription fee. We'd love to have you when you come on. You're going to get access to all of our shows, the clips, the shorts. But within each guest we're also going to have occasionally we're going to have the extra additional parts of the interview. And these interviews will. We'll have a little bit deeper dive on all different types of topics and hopefully we can get our guests to go a little bit deeper than they traditionally would on regular formats. I'll also go much deeper. You'll have the rut rant on there. You'll have me get a little nutty when it comes to all things tactical and security. But it's really going to be a special place for us to deliver the additional stuff that's going to make your subscription worthwhile. And that means we're going to have live events where you can get on and ask Q and A of me. I'm going to do motivational events on there. You're going to get access to certain motivational content from my motivational and performance company called FrogLogic Concepts, where we'll talk about embracing fear, forging self confidence, living a team life, living with purpose, just to name a few. We're also going to have other interviews, other different types of content. Just don't miss out because Patreon is really a place where we can connect on more of a personal level where you can get to know me and Jordi and really understand and consume our content in a more meaningful way. So go over to our Patreon account avidrutherfordshow press subscription. We're happy to take your $2 a month. We really appreciate that so we can continue funding all of our endeavors to bring you the best possible content imaginable. Thank you so much. At Ameca Insurance, we know it's more than just a house. It's your home. The place that's filled with memories. 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Jordy
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- [49:15]
David Rutherford
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All right, so now we're going to talk about Judicial Brain and what Article 3 judges are, what they are, where they come from. And this is critical to understand because this is where the war is being waged. Article III, Section 1. The Judicial Power of the United States shall be vested in one supreme court and in such inferior courts as the Congress may from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hoard their office during good behavior, and shall at stated times receive for their services a compensation which shall not be diminished during their continuance of office. Section 2. The Judicial Power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority to all cases affecting Ambassadors, other public ministers and councils to all cases of admiralty and maritime jurisdiction to controversies to which the United States shall be a party to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State, claiming lands under grants of different States, and in between a State or the citizens thereof, and foreign States, citizens or subjects in all cases affecting ambassadors or other public ministers and councils, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury and such trial shall be held in the State where the said crime shall have been committed but when not committed within any State, the trial should be at such a place or places as the Congress may be by law have directed. Now, you can continue to go on what I highly recommend you go read the rest of these sections and essentially what it's saying is that the executive branch is also tied to a structure. Right. To the agreed laws from our House of Representatives and our Senate and even within the states and their ability to, to make laws. And then on the magistrates of certain local magistrates. Right. You know, whatever county you're a part of or those different types of legal standings. This is the system that's supposed to work for everybody. All right, now I want to break this down and where the problem I think is getting is that all the powers that be out there are starting to really understand, you know, through whatever means is taking place. And I have some theories I'll talk about in a second. But there is a war that has been essentially implemented. Right. Implemented by both parties, I think more so on the Democratic side in particular. Over the last 16 years. Now, during Trump's first teenage 2017-2021, over 4,000 legal cases were filed against him and his businesses in federal and state courts, although not all were directly related to administration policies or filed in Article III courts. A more relevant benchmark comes from the analysis of policy specific litigation. The Institute for Policy Integrity tracked litigation over Trump administration agency actions, examples, regulations and executive orders and found 203 cases with clear outcomes by 2022, with the administration losing 93% of the time. The cases were primarily in Article III courts as they involve federal agency actions challenged under laws like the Administrative Procedure act. For Trump's second term, starting January 20, 2025, legal challenges have escalated rapidly due to his aggressive executive actions. Reports indicate that as of early as March 2025, over 100 federal lawsuits have been filed against the administration, with many targeting policies like immigration crackdowns, federal workforce reductions, and the Department of Government efficient initiatives led by Elon Musk. All right, that's a hell of a lot of cases, man. That's a hell of a lot of legal action against one man, his policies and the way it's going now, why is that? Why is this taking place? Well, let's look at the numbers, shall we, Jordy? All right. Under President Barack Obama, A total of 329 Article 3 three judges were confirmed by the U.S. senate in this number breaks down like this. Two Supreme Court justices, right? U.S. court of Appeals judges, 55 U.S. district judges, 268 and U.S. court of International Trade judges, four. Right. Under the Biden administration, 235 Article 3 judges, one associate judge of the Supreme Court, 45 judges of U.S. court of Appeals, one hundred and eighty seven judges of the U.S. district judges, and two judges of the U.S. court of International Trade. All right, now let's talk about Donald James Trump in his first appointment. Right? 234 Article 3 judges. Right. 3 Supreme Court judges. Right. 54 U.S. court of Appeals judges, 174 U.S. district Court judges and 3 U.S. court of International Trade judges. So if you struggle like math for me, I'll do it for you. Because I used a calculator before I got on here to describe this. That's 564 to 234. That's a two to one difference. Now, as you hear me describe all of these things and I know you probably at one point were like, all right, that's enough reading. And by the, by the way, I got all this information through grok. I highly recommend you check that out. Check chat tpt out, check all my facts. Read. The biggest thing I'm trying to get you to do is educate yourself. Go read the Constitution. Go read what these powers of the executive branch are, right? The legislative branch and the judicial branch. It's worth your while. In particular, if you're young, if you're in college or you're a young person new in the world, new in business and new in your life, man, do yourself a favor, go out and know what your rights are. I mean, there was a time back in the day where civics classes were imperative for people to understand how this whole process works, right? And then that way when you begin to understand you've done the work, you've read the, just start there, read the Constitution. I remember every few years I'll buy my children a pocket constitution. I'll put it in their backpacks. And the hope is that someday they'll be in a situation, they'll be like, man, Holt, let me go into my backpack. Actually, this portion of the Constitution says this, this is my rights, right? I love it. Right. And I hope they lead with the first Amendment and I'm certainly instructing them on the second Amendment. You have my word on that. Right? So the reality is though, what's the deal is the judicial system certainly doesn't seem fair now again, and I'm not just focused on the fairness against Donald Trump or some of these other people that are conservatives or whatever they are, right? I think it's not fair for Democrats, for minorities, for low income people. I mean, hell, you look at the three strike rule back in the 90s and how many people did they incarcerate for selling THC or selling marijuana, right? People had long term jail cells. And think about the way these people were growing up and what they were exposed to. And I Mean, that's a significant. I mean, that was an abomination to get troubled youth off the streets because of these charges. Now, don't get me wrong, all right? Everybody's gonna be like, yeah, but this or but that, right? Certainly drugs are absolutely devastating the American population, the American youth in particular. I mean, fentanyl is the number one killer of young people ages, what, 18 or 16 to 28 or something like that. Forgive me if I don't get the higher number correct. So, yeah, I wanna see what Cash Patel just came out did. And they seized a half a billion dollars worth of drugs down in Florida. I wanna see that stuff shut down. I wanna see our school system start advocating for education about the impact of drug use and what it does, right? I mean, we've lost more people to drug addiction, in particular fentanyl use overdoses in the last four years than we have in all of World War II. Now think about that number, right? So education, I think, is the first part. So, you know, what are some of the places. One of the biggest places that I've seen is completely seems jilted or angled negatively are the family court systems, in particular the family court systems against. Against men and their ability to either pay too much or have to pay too much or an alimony or child support or it's their rights to be able to see their children, right? The timeshare agreements. In fact, I've got one of my best friends from the teams who's in the most unconscionable, horrific legal case I have ever seen. Because the powers that be that are working against him believe he's some kind of crazy person because he served his country at the highest level, that he shouldn't be able to see his child. This thing's been going on for seven years. It's drained his entire life savings. It's debilitating him emotionally. And more importantly, it's destroying his beautiful son because of the manipulation of the legal system up in the northeast, civil courts, people being wrongfully sued because somebody make something up, whatever it might be, whether it's defamation. I mean, look at all the crazy defamation case and people getting on the news and saying God awful things. Jordi, remember that kid who was out in front of. What was it? He was at some protest on a capitol and there was some Native American guy who got in his face with the drum.
- [61:37]
Jordy
What was his name?
- [61:38]
David Rutherford
I remember that though. And then CNN eviscerated this guy all over the whole thing. And oh, I believed it too. The way they cut the the video, it made him look like a terrible person. 100. When we find out that this kid didn't do anything wrong, it was actually exactly opposite of what it. That's right. They made it seem like. And thank God he, the. The justice system eventually worked for him. But how much of that pressure did it cause his family and. And him. That kid as a kid right now, he did get reimbursed. I think it was like 250 million bucks. So you know, I think justice was served. But the length of the process, what took place, criminal courses, I already talked about that. And then obviously the one that's the most important to me are the free speech stuff. And that's really unconscionable. The thing that's scary in me the more than anywhere is the stuff we saw in Brazil recently where we saw the Supreme Court go after Elon Musk and X and Starlink because he was allowing Bolsonaro supporters to actively resist Lula's winning. And then the Supreme Court went after him. The things that we're seeing in England right now are unbelievable. I think it's. What's the number? Maybe we can post some of those statistics here. But I think it's something like over 4,000 people have either been talked to or are arrested for what they're posting on social media. And we saw that here too. We've seen that in America, right? We've seen people indicted for what they've said online. We've seen. And man, that's the slippery of this most slippery soaps. If you really want to understand the magnitude and the order of that magnitude of how devastating the assault on free speech by using the court systems in conjunction with government influence around the world. I highly recommend you go check out Mike Benz. Mike Benz, you can look him up on X. This guy is the most sophisticated, well researched individual on the planet or American on the planet that has exposed the censorship industrial complex and how people are governments, including ours, and then governments around the world. What they're using the court systems to silence violence. Their opposing views. This is the stuff that is really the scariest to me. This is the stuff that leads to violent, treacherous, horrific outcomes. Just look at history. Look at the greatest tyrants in human history. What do they do once they ascend into power? They shut down free speech. They go after their opponents. They lock em up. They throw away the keys and the next thing they do. What's next? They come after your ability to defend yourself in firearms. And we've seen, seen that. We've seen Incredible. Just what Remington was put out of business. We've seen massive cases against Smith and Wesson, right. They had to move their headquarters out of, I think it was Connecticut or I forget where they were and move their headquarters. So this is taking place all over the time. I mean you think you go out and you defend yourself with a gun, that you're not going to court and you're not gonna be sued maybe criminally, definitely civil at then you need to check your head. And so what is the way that this is going to be fixed now? I think the ideal thing, the thing that makes the most sense, right is that we have the existing structures that are in place rise up and really begin to coalesce around the ethics of law, law and ethics and what that means the Constitution and move away from teaching this legal theory that has infused its into our law schools all over the place. I mean there is case after case that you can find online about different law schools out there that are essentially training future lawyers and eventually judges to be activists and to use the courts as activist platforms. There's been several things, different things. Go look at what's taking place at some of the major law schools out there. Look at Georgetown, look at Columbia, look at some of the other daily leagues, look at Stanford and then more so looking into what the criteria are by the American bar associations. Look at how they're attacking people and their legal licenses for representing certain political people and how they've gone after that. The one that just is the most mind blowing to me is you look at the AG of Texas, Ken Paxton, and what his own political party would went after him and tried to impeach him on a completely bogus charge. I mean utterly. And if you wanna watch really something interesting, go watch that case. Cuz it was broadcast live on TV when they were questioning kind of these five experts who brought forward these allegations of malfeasance against the acting Attorney General of Texas. And when they were cross examined and essentially all five made up everything they said they had. No, it didn't, it just didn't came, they just made it up. And we see a lot of that right now. And if you get a particular judge who doesn't, you know, isn't stringent about the evidence being put forth, you know what happens to people and you know, here's the deal, it's not just gonna happen to the president and high political appointees. This is gonna trickle down into every facet of life. And I believe it already has in many, many, many circumstances. So is it gonna be fixed. I don't think it's gonna be fixed in any short time, but what I think it can be fixed by several different things. Let's get the ethics back in law school, right? Let's get a better state and federal government analysis of people looking at cases and how they judge on cases. Let's evaluate if they'd adhere strictly to the law and if that's a reality, what type of response will take place to them. Let's look at their backgrounds and let's really hold true these things that will disqualify you if there's conflicts of interest. There has to be some type of governance for that. That's a good start. But I think the only real way, the only real way that the people out there that are going to gain power is by banding together and creating organizations that defend the liberties of people. Now, I'll never forget, you know, when I was on the team Never Quit podcast with Marcus Luttrell and the wizard back in the day we got to interview this remarkable man. His name is Kwame Andrew. And Kwame was a young man at 17 years old in the city of Philadelphia back in the day. He and his brother and his brother's best friend were out on the streets and they were near an area where an individual was murdered. And the police came in at the time and they wanted to convict these guys. They had some background, they'd been petit theft and some other things and they wanted to pin this on them. So what'd they do? They got this 12 year old kid who was in the vicinity who wore glasses houses. And they told this little kid, hey, if you don't convict, if you don't tell us that it was these three who murdered that person, we're going to put your mom in jail for the rest of her life. So based on the coarse testimony of a 12 year old children, these three young boys, they were sent to prison, not for life, but they all three were put on death row. Now thankfully for an organization I think the Freedom Project or I want to make sure, make sure. Jordy, who was that? Will you look that case up for me? And Kwame Angenu, because that young man lost his case, obviously court system on One testimony, a 12 year old boy, right? And they didn't let that evidence. Then that man spent, I think it was like 12 years on death row, got off death row and then finally after 27 years was released from prison. But his brother, and his brother's best friend spent 35 and 37 years in prison. In prison. But that's the way we're going to do it. It's these organizations, right? It's these organizations that we come together, or it might be a Second Amendment advocacy group that you join and you contribute in the case that somebody out there gets wrongfully accused of misusing their Second Amendment right to defend themselves. Right. And that they, because most of us, you know, don't have. And I had a friend, a good friend that we're hoping to get on here one time that was one of Trump's close friends and personal attorneys for 18 years. He was suggesting to me that Trump and Trump's family monthly legal bill was somewhere around 20 to 25 million dollars a month. Now, think about that. Think about you being wrongfully accused. Think about if you're a part of a political group, and that's even if you're part of a political group that goes against the main structure of society, if maybe you're on the fringe, maybe you're part of a right wing group or a left wing group or whatever. We have to get back to what I believe the original idea behind the ACLU was to support the Constitution and people's God given liberties and their rights, rights for fair justice in a trial, to represent themselves the best as possible. But what we've devolved into, that if you don't have a lot of money, you can't defend yourself, or you can't rise up and have a voice in court for your own position. The other thing is that if you get in a certain political position of power, you can bring in people that are going to advocate your will or they're going to be activists on the bench. Bench. We're certainly seeing that across every aspect that we see in our legal systems. Do you find that name? The Ohio Innocence Project, I believe the Ohio Innocence Project. So props to you and the Ohio Innocence Project, man. God bless you guys and what you do and all the other groups out there that believe in what liberty is. Because if we don't have the right liberties in the United States, the United States isn't going to last very long. So do yourself a favor, first and foremost, educate yourself, understand what this all is. Don't just take your little clip on X and start spewing it out as gospel. Right? And granted, I've done that too on many occasions. But I try and adhere to what my father taught me as a kid, that America is the greatest legal system that's ever been created, that the law is built on the truth. And finally, that the truth will set you free. Thank you.
- [73:22]
Jordy
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David Rutherford
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