Hey, thirty four or fifty five, cair Seed de talk station had a very happy Wednesday to you and the heels of the Congressman Thomas Massy.
Fingers crossed.
We get our technical details workout, Joe streckers out, Sean's filling in? Do we have audio because I can see the judge? Can I hear the judge? Welcome back, Judge Anapolitano.
All right, good morning, Brian, can you hear me?
Thank God? Let me pause and say a prayer to the dear Lord that it is working. Good morning, your honor. It's always great having you on sweat and bullets there for a little while, Your Honor.
Well, I'm glad that it's working.
I'm afraid to hang up my phone because I don't know if we're talking through.
The link or through the phone.
Well, let's keep your phone on because the content of your column, I think is extremely important and I really suspected you would go down this road, and I just had a conversation with Congressman Massy about it. This whole concept of the International Economic Emergency Powers Act in nineteen seventy seven is what allegedly gives Donald Trump the authority to impose these tarrants.
Well, the statute is the basis for the authority. What Congressman Massey and Senator Paul have been complaining bitterly about is that we shouldn't be running the government under emergency authority when there's no emergency. The statute itself defines an emergency as a sudden and unexpected event that adversely affects national security or economic prosperity.
The stated purpose for the emergency.
I won't go through the history with all the fentanyl nonsense, but the stated purpose for the emergency is the imbalance of trade.
Brian.
We've had an imbalance of trade since nineteen thirty four, so by definition, it's not a sudden and unexpected event. So there's no basis for the emergency. Therefore there's no basis and no authority for him to impose the tarrant. The tariff is a sales tax. You want to have a sales tax, Congress has to impose it. Congressman Massey and Senator Paul are one hundred percent to correct. For one, the Democrats are on their side because they hate Trump, but a half dozen Republicans and that's it.
Everybody else has cowt and afraid of Trump.
Well, you know, this reminds me, I mean dead on what we used to argue about when I was practicing litigation for pollution liability. The coverage came about for pollution liability for sudden and unexpected releases of toxins, and during the circle of litigation, all these companies went back to their insurance policies for pollution that they had been releasing into the world for literally decades, claiming it was sudden and unexpected, and that became the key to the litigation.
Some judges said, no, for things that have been going on for years and years and years, you can't define that as sudden and unexpected. It has to happen in a sudden and unexpected way. So I understand the point.
Year.
So there is a challenge made by a small stationery company which imports its paper from China in Federal court in Florida. Will a federal judge have the clarity of vision and professional courage to enjoin the tariffs? Who knows Supreme Court is letting Donald Trump get away with all kinds of things on the emergency docket. The decision to enjoy Judge Bozburg the other day was no decision.
There was no opinion. You don't know what they're thinking.
Was it was an opinion, It was a ruling by five of them, no opinion. Because they did it in the emergency connection, will they do the same thing. It's very very dangerous for jurisprudence in this country for the highest court in the land just to come down with a ruling without giving a basis for it. I suspect the same thing happen here. However, this is causing real
and serious damage, a six trillion dollar capital loss. Thus, farm or only into this thing by a week, and the Chinese or the sales tax on goods from China is now one hundred and four percent.
That doesn't kick in until today.
So will Joe six Pack in his Mega cap going to Walmart to buy a toaster and expecting to spend thirty dollars buy it for sixty dollars or will he go without a toaster? Or will he search in Vain for an American toaster? Or will Joe six Pack in his Maga cap going to a Ford dealership in Cincinnati.
How will we react with sticker shock.
When the dealer says we have to add another three thousand dollars because that's what Ford had to pay in sales tax on the parts.
That were aid that were put into your car.
Because a lot of the car the parts come from Mexico, Canada, and South Korea.
This will be the same Joe six pact that she'ed Donald Trump to the victory.
Well, and I guess I have to ask because you and I have talked about this in the context of the War Powers Act. The International Economic Emergency Powers Act is a delegation of the power of the purse from Congress to the executive branch, granted pursuing to certain limitations like this sudden, unexpected emergency event. But is that in and of itself as nineteen seventy seven Act constitutional in your mind?
In my mind, it is not constitutional because it is delegating away a core function of the Congress, which.
Is to raise taxes.
I mean, this is so core to the Congress that the Constitution actually says taxes must emanate in the House of Representatives. It is as clear as can be that this power resides solely with Congress, and Congress can't give away a core power. Could the president allow the Supreme Court to run the military. Of course, not even if he wanted to, even if the court accepted that power. It's the same thing. The president can't impose taxes even if Congress wants him to. Where does that bring us
to taxation without representation? That's where it brings us. We didn't elect a president to raise taxes. We elect that a Congress to address.
The tax rates.
Yeah, and I hear what you're saying, and of course you know my listeners like, yeah, but it's so unfair, and it's been so unfair, and we have these unfair advantage because all these other countries can manufacture these goods at a fraction of what it cost to manufacturing in America. That's why the toaster is only thirty five bucks when it comes to China, because they have no pollution rules, they have no ocean rules, they have no rules period,
so they can churn it out on slave labor. We've got all these other things we've got to comply with, so we can't even make a toaster that Joe sixpack can afford. And I understand that from frustration, and we learned a lot of lessons, hard lessons from COVID that we just don't manufacture. Some critically important goods here in the United States, most notably in a time of war when we couldn't get pharmaceuticals for our own men and
women in uniform. But that doesn't change the Constitution. And there's that pesky constitution, and you're in my clinging to it that tends to stand in a way, especially in the face of a divided do nothing Congress.
It is an intentional impediment to tyranny. And just a Scalia argued he didn't always carry the day, or it often was in a descent, that these core functions cannot be delegated away because that leads to tyranny, It leads to an imbalance of power, It leads to too much power in the hands of one branch of government. But Congress today in twenty twenty five, is frustrated over what
its predecessor in nineteen seventy seven did. Senator Paul got a majority of senators vote to nullify the declaration of an emergency on the theory that we just articulated he would need sixty seven in order to overwrite a presidential veto The House leadership is totally wedded to the president, even though a majority of members of the House.
That's the Democrats plus.
The Freedom Caucus are against this. They won't even let this come to the floor for a vote for fear will embarrass them. They couldn't care less about the Constitution. They couldn't care less about Joe sixpack. They only care about their relationship to the man in the Oval office.
Well, if you had to leave read Tea leaves on this, this sounds like it is right for a judicial review ultimately end up in the lap of the Supreme Court. Do you see that happening. Do you see this getting resolved by way of resolving the issue, maybe the core issue of whether this nineteen seventy seven Act is even in and of itself constitutional, or are we just going to go along with stuff the.
I would hope that the judiciary would have the courage to do the right thing, or even the wrong thing.
I just hope that they would rule it would be reprehensible.
If the Supreme Court validates the nineteen seventy seven Act, well then you might end up with judges running the military, because then you can just exchange assignments as if you were in grade school. I don't want to do this book report. You take mine and I'll take yours. You can't do that with the constitution that destroys human liberty, that turns the president into a tyrant.
Did you hear.
What he said on Air Force one the other day and when Carolyn Levitt repeated with thinking of finding ways to deport Americans?
Good God, where are we going?
Well, Congress sits on its button, does nothing.
Yes, that results in an imperial presidency. You and I have reset conclusions many times over the many years that you and I have been talking. Well, at least the Supreme Court recognize that the people that are trying to kick out of the country are entitled to a habeus corpus hearing and a due process hearing before you know that.
That was a very sort of sneaky thing that the Court did. They made it look like they were giving Trump what he wanted by getting this case away from his beast in the night, Judge Boseburg, but requiring a hearing for everybody they want to deport. They have three hundred and fifty thousand Venezuelanes.
They want to deport.
Now they have to hold a hearing on each one. In Britain's evidence on each one.
Hey, but that's exactly the argument you made last week. That's what the Constitution requires, so right, and it requires.
No less than due process whenever it wants to take anybody's liberty, no matter who you are, what.
They claim you've done.
In the meantime, an innocent man sits in a hell hole in Al Salvador, and the president and his people couldn't care less.
Well, a lot of people my listening audience couldn't care less about the concept of due process in this particular context. So I've been defending.
The government comes after them, then they will appreciated process, and then they will appreciate an independent of isiary.
And that's why I've been defending you on that point for the last week. Judge Editor Politano, judging freedom. Who are you talking to today, your honor?
I have Pepe Escobar from Thailand. He just returned from a week in Yemen. Phil Giraldi and Max Bloomenthal exciting days here, no question about it. I shouldn't get angry because this is all good for our business.
Yes it is. I've got my popcorn now waiting for all this to get resolved. And there's no end of content that you and I can talk about each and every week. God bless you for coming on the program. I appreciate what you do, your honor. I'll look forward to next week.
Thank you for defending me. Brian, all the best, Take care.
As long as you're defending the Constitution, I'll defend you. It's eight forty six here fifty five KRC Detok Station. They'll away doctor J Rissover about health. He's going to be doing an empower you seven or tomorrow night and getting at seven. We'll get the details on that from doctor J. Coming up next fifty five KRC. Get ready for