There was a school shooting at a Christian school in Madison, Wisconsin the other day in which a fifteen year old girl killed a fellow teacher, excuse me, killed a fellow student and a teacher, and killed herself, and the White House immediately issues a statement. I won't say Joe Biden issued a statement because I'm fairly certain he had nothing to do with it, or if he did, it's pretty remarkable. This seems just to be the reflexive Democrat instinct after
any kind of shooting. This is obviously very sad that this shooting happened. I don't know though, that it's that much different from shootings that happen every month, every weekend in cities like Chicago and others where people die. I guess the idea because it happened, you know, obviously, there's a certain greater sort of shock value to it that it happened at a Christian school and involved a child, although children are killed in street related shootings in urban
centers throughout this country all the time. Nonetheless, it prompts a statement from the White House. Here's the press release. Here's the release from the White House.
Today.
Families in Madison, Wisconsin are grieving the loss of those who are killed and wounded at Abundant Life Christian School. It's shocking and unconscious, unconscionable. We need Congress to act period now, period. Why this unnecessary drama of this statement. From Newton to Uvaldi, Parkland and Madison to so many other shootings that don't receive attention. It is unacceptable that we are unable to protect our children from the scourge of gun violence. We cannot continue to accept it as normal.
Every child deserves to feel safe in their classroom, room to words not well edited. Students across our country should be learning how to read and write, not having to learn how to duck and cover. Jill and I are praying for all the victims today, including the teacher and teenage student who were killed and those who sustained injuries. We are grateful for the first responders who quickly arrived on the scene, and the FBI is supporting local LA enforcement
efforts in my direction. My team has reached out to local officials to offer further support as needed. My administration has taken aggressive action to combat the gun violence epidemic. We passed the most significant gun safety legislation in nearly thirty years. I have taken more executive action to reduce gun violence than any other president in history, and I created the first ever White House Office of Gun Violence Protection.
But more is needed.
Congress must pass common sense gun safety laws. And then we get to the kicker. Congress must pass must pass common sense gun safety laws. Universal background checks with a period, a national red flag law with a period, a ban on assault weapons, and high capacity magazines with a period have been commas. But all right, universal background checks. How is this released with a straight face? And of course I'm talking about the Hunter Biden part. So here here's
the President saying we need universal background checks. There are federal background checks, and the entire line of argument from Democrats over the last over this past month, sort of trying to line up to defend the Hunter Biden pardon, has been as follows. So let me let me just go back before I explain.
This line of argument.
Basically, their line of argument is that Hunter Biden shouldn't have been charged with any crime for lying on a federal background check on the basis of well.
These kinds of crimes are rarely charged.
So let me let me explain why Hunter did all right. Hunter Biden was charged was actually indicted for two different things. Federal tax violations where basically he didn't pay taxes on millions of dollars of income, which at a certain point, if you're not paying your taxes, it ceases to be an IRS intervention and it becomes a federal prosecutor intervention where you're you're being criminally charged because you're not paying you so much in taxes. So he was charged with
the tax stuff. He was also charged with a gun crime. Basically, Hunter Biden gets a form. The form asks if he has a history of drug abuse, and Hunter Biden lied on the form. Hunter actually has a rich, storied, abundant and varied history of drug abuse and continued to be using drugs and behaving erradically, I believe after he got after filling out that form, so he'd been using it before, he continued to use after. So he lied on a
federal background check, which is a crime. That's the whole point of the background check is to try to cells out if you are the kind of person who is qualified to purchase and own a gun. Now, often what happens in the background check process when people lie on the form is that in the course of doing the background check, the FEDS realize that this person is not
actually qualified to have a gun. These are called lie and try cases, where the person lies on the form but the FEDS who are looking through the form and doing the background check realize way to sy no, this guy's lying. He says on the form that he doesn't have a felony conviction, but actually our review of local and of state and federal records indicates that he has a felony conviction in Oklahoma in two thousand and six. And so sorry, you lied on the form, but we're
not gonna approve your background check. That's called a lie and try. So someone lies on the form, but the FEDS catch the lie, and so the person does not get the gun. He tried but he failed. And then the question gets passed on to prosecutors. To federal prosecutors, all right, well, this person lied on their background check to try to get a gun. They didn't ultimately get a gun. So do we expend federal resources to prosecute this person for lying but ultimately not getting the gun.
You could see how maybe that would be a question for for prosecutors, you know, any US Attorney's office.
So the US attorneys.
Are basically the federal prosecutors, and US attorney's offices are divided by the various federal court districts throughout the country. So we in the presdent in the present area, we're in the Eastern District of California. So there's a US Attorney for the Eastern District of California. There are federal judges appointed for the Eastern District of California, et cetera. The US attorneys for the Eastern District of California, maybe
they might determine. Okay, well if we you know, we're busy prosecuting major drug crimes and this and that, and you know, we only have so many attorneys in our office and so many hours in the day. You know, we don't want to spend a bunch of time and energy and resources prosecuting people who just lied on a federal background check. So lie and try cases often don't get prosecuted again, where someone lies on the form, but the lie is found out and the person is not
given the gun. And again, it's just this position where the prosecutors are like, well, we have this person who lied on the form, but they didn't get a gun. Nothing bad happened. Ultimately, so do we spend the time and energy and resources prosecuting this person? Hunter Biden was not that kind of case. Though Hunter Biden lied on the form, and because he lied, he was able successfully to get a gun. It wasn't a lie and try And this is the this is the thing where commentators
have been really dishonest. Both commentators and Joe Biden have tried to make the argument that, you know, people are rarely prosecuted for lying on federal background checks for guns, so's it seems like targeted political persecution that my son Hunter was singled out for this kind of a prosecution.
No, no, no, no, no, no, no, no, no.
Lie and try cases are often not prosecuted. This was a lieon succeed case. Hunter lied on the form by lying, he got the gun. If he had told the truth, he wouldn't have gotten the gun. But he lied and thereby got the gun that presumably the background checkers weren't able to find any other evidence of Hunter's drug abuse, so he got the gun. Not only did he get the gun, we then had the kind of bad gun outcome that the federal background check is deliberately designed to prevent.
Hunter was behaving so erratically with this gun that his girlfriend at the time, Halle Biden, Bo's widow. You know, we don't need to talk about how extremely weird that is. Anyway, Halle Biden is so concerned about his erratic behavior that in a moment seemingly of desperation, she takes the gun, brings it out of the house, and dumps it in a garbage can that's near a school. That's a bad outcome,
loses the gun. That is the precise kind of bad outcome, bad, dangerous, risky outcome that you fully expect is within the realm of possibility if a druggie gets a gun, if a guy lies on a background check as a drug ee and gets a gun. So Hunter wasn't a lie and try case where he just lied on the form. The Feds figured it out and he never got the gun. No, he was a lie and succeed and misused the gun.
Case he lied on the federal background check, he got the gun, he was misusing it, and a bad outcome resulted from it.
Thankfully, no one was hurt.
Other than maybe whatever kind of psychological fear and torture his girlfriend at the time experienced from this maniac druggie waving a gun around. In fact, there is if you go to the Laptop from Hell and all the photos that are stored on Hunter's laptop from Hell, there are pictures of Hunter with two different kinds of guns. So Hunter was only prosecuted for the one. It seems actually that there's evidence that he did he may have done this twice because he's got two different guns.
So how Joe Biden.
Can stand up there with a straight face and say that we need universal gun background checks after pardoning his son, and not just pardoning his son, but pardoning his son, while saying he shouldn't be prosecuted, that he was singled out for prosecution. I don't know what Joe Biden wants there for. Do we want to have federal gun control laws that are just on the books but that we're
not enforcing. Is that what he wants? More background checks that we don't prosecute people for under what circumstances does Joe I think we should prosecute people who lie on background checks? So he thinks that Hunters shouldn't have been prosecuted, who should? What has to happen with the gun before you actually prosecute people for lying on a federal background check? Does the person have to lie on the form and get the gun and murder somebody first? Is that what
has to happen before you're okay with prosecuting them. I mean, the whole idea of the background check is for it to serve as a prophylactic against bad people getting guns, the kinds of people who he thinks shouldn't have a gun getting a gun.
That's the whole point of it.
If you're not gonna prosecute somebody who you realize lied, then what's the point Why have the law on the books if you're not going to prosecute it. And apparently, in Joe Biden's mind, someone who lies and tries shouldn't be prosecuted. Someone who lies and succeeds and has a bad and dangerous outcome his own son shouldn't be prosecuted. And this is the I just find it outrageous that the White House would have the temerity to issue this kind of a statement.
Just what was it two weeks.
Ago Hunter got three two or three weeks ago Hunter got pardoned? It boggles the mind. I mean, maybe it's just a thing of the lights are on and nobody's home, nobody gives a crap anymore. This is the lamest lame duck president presidency. I've heard people comment that nobody has he's been more clearly in charge during the kind of interregnum between the election day and January twentieth than Donald Trump has been. The flip side of that is that no one has been a lamer lamer, lamer lame duck
than Joe Biden. You know, he's not doing anything.
You know, he's there.
People asked him, the President, Biden, why didn't you go to the reopening of you know, Notre Dame Cathedral in Paris. Donald Trump went, Joe Biden went. Why didn't Joe go? Oh, Joe had a prior commitment, He had a scheduling conflict, so he couldn't go. But he's very proud of the First Lady and her represented her representing our country. And then people look at the schedule. He had nothing on his schedule. Yeah, he didn't want to go. He's tired,
he's tired of international travel. So maybe I don't know, maybe Joe never even looked at this statement, which seems like it was written by some annoying millennial staff, or even down to the style in which it's written, in the fact that it's.
Poorly edited, et cetera. But it just boggles my mind how this is done.
When we return, would any of these things have stopped this shooter? Next on the John Girardi Show, I want to go through President Biden's kind of astonishing statement or the White Houses anyway, I don't I'm not sure if President Biden had anything to do with this statement. I'm not sure if President Biden has anything to do with
anything at this point. But the White House issued this statement after this school shooting that happened in Madison, Wisconsin, in which the same repeated Democrat talking points about gun control get you know, reiterated and reiterated and reiterated. And the thing that always frustrates me is how often the purported solutions have actually no connection whatsoever to the crime that happened. So let's go through the purported.
Actions that happened.
All right, Let's go through the purported solutions, and we'll compare it against the action that happened in this school shooting in madisone. So for those again just learning about this. I believe it was yesterday a school shooter, a fifteen year old girl, killed a fellow student and a teacher at a Christian school in Madison, Wisconsin. Here are the things that the Biden administration says we need to do
universal background checks now. Again, as I said in the first segment, recommending universal background checks is laughable given that Joe just pardoned his son for lying on a background check. Nonetheless, a background check wouldn't have helped here. It appears this fifteen year old got her dad's gun. I'm not sure how the dad's background check would Maybe he already passed a background check, probably did. How that would have stopped this? I'm not sure a national red flag law. Again, this
fifteen year old didn't even own the gun. She was able to get it from her dad or to steal it from her dad. No red flag law would have been able to flag this. You know, she was a fifteen year old girl who was kind of depressed. There was some evidence that she was depressed, no indication again that I'm not sure a national red flag law would not have helped. A ban on assault weapons and high capacity magazines. She used a handgun. It was her dad's
handgun wasn't There's no definitely. I mean, the term quote assault weapon is a kind of made up term that is not really a term of art within gunsmith ry or gun manufacture. It's a made up term that lawmakers use for certain kinds of features of different kinds of guns, some of which are purely cosmetic.
So none of the White House's policy.
Recommendations actually would have done anything to have stopped this shooting. And I think this is the frustration Democrats have. Ultimately, I think what democrats want is something the Second Amendment wouldn't allow. They just don't want people to own guns, period. They just don't want people to own guns. And clearly
the Second Amendment is in their way. Clearly, this Supreme Court and its interpretation of the Second Amendment is in the way of them achieving those policy goals, and Democrat have always this is part one of many reasons why Democrats are driven so insane by the current six to
three Republican appointee majority on the Court. They're so furious over it, in part because they've always been able to use the Supreme Court as the shortcut to getting the kinds of policies they want, so they don't have to do the hard work of actually convincing people and passing legislation. Abortion. Just have the Court do it via Roe v. Wade, same sex marriage. Just have the Supreme Court do it
via oh Bergefell. They want, they have wanted a decision like that for guns for forever, and they didn't get it in the time when they had, you know, a pretty sizable majority on the Court. And now they look
at the makeup of the Court. They look at the fact that Donald Trump is now in office and the very distinct likelihood that he and a Republican controlled Senate are going to be able to replace Sam Alito and Clarence Thomas, maybe even John Roberts, and as a result, there's going to be Republican appointee majority control of the Supreme Court for the foreseeable future.
And it infuriates them.
Because really, what they should propose is the thing that Gavin Newsom kind of pretended like he's proposing. Really, this was just a fundraising employ by Gavin Newsom. I don't think there's any real substance to it, but you know, I'll give him credit.
Ga.
What Gavin Newsom proposed is, hey, we should amend the Constitution. We should amend the Constitution to give the government more leeway to regulate guns, because that's ultimately what they need. Their problem is actually with the Second Amendment. Their problem is with the fact that the Second Amendment provides, by many, many, many, many extremely reasonable readings of the text of the Second Amendment, provides for people to own guns. And that just drives
them up the wall. When we return distressing court developments for the establishment of an abortion clinic in Vicealia, what it excuse me into, Larry, what it could mean for abortion as a civil right in California. That's next on the John Groarty Show. So yesterday I attended the hearing at the Vice Salia at the Superior Court, the California State Superior Court in Vice Salia. This was a hearing in front of the judge, Brett Hillman's California State Judge.
And this has to do with a court case that I'm going to be following on this show, and I might be writing about all the folks at GV wire, might be sending over a little op ed to them today maybe later on this evening. And it has to do with an attempt to open an abortion clinic in Visalia, and it's raising some interesting legal issues for how California
law should approach doing abortion. The right to apparently a right that we're just sort of making up to do abortions as opposed to a right to have an abortion. This distinction between doing abortions and having abortions is a troubling distinction. Well, it's a distinction that is troublingly elided
all the time. There have been a number of Supreme Court cases where I mean the whole characterization of the right to abortion from row to planned parent versus Casey, although that is now gone at the federal level, but the characterization of the right to abortion within the California Constitution, et cetera. It's always framed as a right that the woman has, that the pregnant woman has, she has a
right to abortion. That's always how it's framed. But when it comes time to vindicate that right in court, very often, for some reason, the abortion provider is deemed to have standing on behalf of those women, which Clarence Thomas always pointed out, No, that doesn't not necessarily or naturally follow There are certain kinds of principles of third party standing where someone other than the directly impacted party can sort
of stand in for and represent that injured party. But by his contention, he's often said, I don't see why abortion providers, abortion doctors who are doing abortions should be able to stand in for women who want to have abortions. And what this has resulted in in federal abortion legislation.
In the pre Dobbs era, some state would pass some kind of restriction on abortion, and who would sue It would usually be Planned Parenthood or some abortion doctor, as if the abortion doctor, as if the abortion doctor naturally has the exact same interests as the women having the abortions, even for stuff like Okay, Texas passed a law with health and safety standards for abortion clinics, and the clinics sue,
saying that it violates the right to abortion. Well, do the clinics have the same interests of the women there? I mean, couldn't the health and safety regulations be interpreted as benefiting women? Could the abortion clinics posture of not wanting these health and safety standards be deemed as being
antagonistic to their abortion seeking female patients. Anyway, this has been a problem in the history of American abortion jurisprudence where we just sort of slip in the slide between abortion as a right that women possess versus do women have a right to get abortions? Or do doctors have a right to perform them? I think that's those are two very different things. Is there some civil right that women have to have abortions? All right, if you want
to argue that, okay. I think that's different though, from the right of a doctor to perform them. And this is kind of the heart of this dispute that's happening in the city of to Larry. So there's a office complex and I talked about this a bit yet last week. There's an office complex in the city of Tillarry, the Tilarry Medical Center, and it's basically an office suite with a bunch of different individual doctors' offices.
The complex is governed by a covenant. Think of it.
It's almost like a homeowner's association agreement, where you know, it's a private agreement between all the parties in this place about the kinds of standards according to which their businesses will operate. And in the context of this you know, medical center, this office, this you know, suite of offices, what kinds of businesses, what kinds of practices they will allow to set up within the complex. This covenant is from nineteen ninety one, and it has certain kinds of
things that excludes. They say, we're not going to have chiropractors. Okay, we're not going to have this. We're not going to have that. You know, if you want to have a kind of professional setting, a professional medical office setting, maybe there are certain kinds of businesses you don't want to have so they don't allow. They don't allow chiropractors. I think they said they didn't want to have pediatrists office.
Maybe I'm making this up.
And obviously, you know, if you've got a professional office complex, you know you don't want a liquor store in it.
You don't want a pizza parlor in it. Nothing against liquor stores and pizza parlors, but it's just not for this place. One of the things they.
Exclude is abortion clinics. They say right there in their covenant, we don't want to have an abortion clinic. One of the owners of one of the spaces seemingly is renting out leasing the space to family planning Associates now Family Planning Associates.
It's like.
It's like a mini Planned Parenthood. Basically, it's just a California only chain of abortion providers. There's one in Fresno in downtown, and so the doctors in this complex are suing Family Planning Associates say Hey, you can't operate here. We say, no abortion clinics. You're an abortion clinic.
Now. FPA has been a little.
Squirrely about exactly what services they're doing. On their website, they list surgical abortion and pill abortions MiFi pristone as services they offer. It seems as though they're not actually doing surgical abortions that they said in a letter, No, we're not going to do surgical abortions. Therefore we're not
an abortion clinic. But at the same time they seem to be acknowledging that this covenant could apply to them, because, I mean, they may be referring out patients for surgical abortions, but they're definitely wanting to do pill abortions where they prescribe mif A pristone to a patient, which is, by the way, the most common form of abortion in America. It's basically prescribed this woman a pill up to the first ten weeks of pregnancy.
She takes this pill, it results.
In the fetus or embryo detaching from the uterine wall being cut off from its food supply. The woman is then given a second drug that results in expelling the baby from her body. That's the most common method of abortions. So if they're prescribing that it's an abortion clinic, I'd say by any fair reading. Well, the doctors filed emotion for what's called a preliminary injunction and basically says, hey, for the duration of this lawsuit, we want them to
stop doing the activity that we think is bad. We want them to stop operating because we're going to suffer harms. You know, we have this CCNR. We sorry, we have this covenant in place saying we don't want abortion clinics. It changes the tenor of the office space. It changes you know, it reflects poorly on what we want to do as an office space. If you let them function, it results in harm to us. We want you, therefore, to stop having them function for the duration of the
lawsuit until we can ultimately decide this thing. So they file a motion for a preliminary injunction stop operating for the duration of the lawsuit. Now, the thing with preliminary injunctions is that very often if you prevail at the preliminary injunction phase, it usually means that you're going to ultimately prevail because one of the things the judge is determining is your likelihood of success on the merits for
the ultimate issues presented. On Monday, the Superior Court judge, Judge Hillman indicated he released a tentative statement that I believe is now the non tentative final ruling following the court hearing that they are not going to get this preliminary injunction. This abortion clinic is going to be allowed to continue to function at the Tillary Medical Center. And
the reason why is really troubling. So what the judge keeps citing as something that could be the case, he's not definitively saying it, but he's saying that an argument could be a very strong argument could be made that California civil rights law.
Would apply to the ability.
Of a doctor to perform abortions and that singling them out for exclusion could basically constitute discrimination against women. So how does this work? The Civil Rights Act, the Federal Civil Rights Act, as well as the California Unrue Civil Rights Law.
UNRU was the name of the lawmaker after whom it.
Was named, prohibits various kinds of business discrimination on the basis of and then a list is given of different protected categories race, sex, et cetera. If this office complex had a covenant that said, we're not going to allow any black doctors to set up their shingle in this office complex and serve patients, well, that would be unenforceable. That would be an unenforceable and illegal covenant. Businesses are not allowed to discriminate on the basis of race like that.
If the doctors had put something in their covenant that said, we're not going to allow any female doctors to work here, to set up their shingle and have their practice in this office complex, that too, would likely be illegal.
It would violate California civil rights law.
Basically what the judge in this case is saying, and he's not definitive about this, but he says, there's enough of a chance that this is the case that I don't think you're likely to prevail ultimately, and therefore I'm going to deny this preliminary injunction. The judge in this case is basically saying to single out abortion provision is a form of discriminating against women. To say that I don't want abortion is another way of saying I don't
want to serve women. It's almost creating as if you know, we have protected categories for civil rights law race, sex, Apparently, doing abortions, we're thinking here is going to be as
protected a category under California law as being black. That discriminating against someone because they want to do abortions is the same as discriminating against someone because they're black, not you know, one of the principles for California's civil rights law is it protects things that are permanent, static categories that someone can't change.
Right.
I can't change the fact of the color of my skin. I can't necessarily just you know, snap my fingers and cease being Catholic or Buddhist or Muslim or Hindu. I can't snap my fingers and change my national origin or the fact that I'm.
A man or a woman.
But here's this doctor choosing to do this particular kind of sub this particular kind of service within his specialty of obgyn care, of obgyn practice.
I'm not gonna call abortion care. You're never gonna hear me say that.
Which he doesn't have to do. He or she, whoever the doctor is that's doing these abortions. They could just be an OBGYN who doesn't do abortion, you know, like ninety whatever percent of obgyns who don't do abortions. But it says but instead this guy's like, no, I'm gonna
do abortions. That decision is apparently protected that we slide from. Look, I don't like it, but very clearly established within California law, within the California Constitution, you know, since we amended it in twenty twenty two, is a right of patients to have abortions. Patients have a right to have abortions. It's clear in the California Constitution.
It's right there.
But you know it's not right there the right of doctors to do abortions. And what's in the California Constitution is something that says that the state can't hinder a woman's right to have an abortion. It doesn't say anything about private actors limiting someone's ability to do abortions, which is what's happening in this medical complex. So I'm going to continue to watch this case. I think it's really it could be really, really troubling. We'll have to see
what the doctors in this lawsuit want to do. Are they going to appeal this decision to the appellate court. This is a really important case for the development of abortion law throughout the state of California. We'll talk about it more on Right to Life Radio on Saturday when we return. I dare to tread where angels dare not ask some questions about autism next on The John Gerardy Show.
The nomination of RFK Junior to be the Secretary of HHS, which I fiercely dislike on abortion grounds, has led to a refiring of the debate about whether vaccines cause autism. And I'll just make this one point. First of all, vaccines are very different from one another, so I justike
using such broad language, but also autism. People keep saying things I keep seeing online, things like we're not allowed to question why the incidence of autism has increased so dramatically because on a hundred years ago, nobody knew what
autism was. It's also because am autism, especially the idea of the autism spectrum is a very loose over inclusive category that includes, on the one end, obviously people who have a developmental problem who are you know, nonverbal, but on the other end includes a whole bunch of people who are just like, kind of socially awkward, who maybe
don't need that label. So, you know, before we start citing the number of people who have autism has spiked drastically, maybe let's just think about the nature of what we're talking about.
That'll do it. John Girardi Show, See you next time on Power Talk.
