The ICE is Melting         (Hour 2)

Transcript

The ICE is Melting (Hour 2)

John & Gordy · Thu Jun 19, 2025

Kathryn Lake

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Sharp broadcast.

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Good morning, John and Gordy.

Good morning, John and Gordy.

Good morning, John and Gordy.

Thank you, AI.

Good morning to you, too.

Six minutes

past the

hour.

Sunshine this morning in the Mad City, and we were wondering where the Leaf

Blower guys are out there.

Yeah, where have they been?

On State Street

this morning.

We

overlooked the great legendary State Street, and they're not there.

No.

And Robert McFarland says, hey guys, it's a federal holiday.

The

leaf

blower dudes won't be out there

today.

Okay.

Well, that could be.

I guess it's

Juneteenth

day.

That's right.

Um, it's, it is beautiful out there.

Highs today in the low eighties, but it's going to feel muggy once again.

This portion of the show brought to you by Virlo mattress.

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You know,

these abductions, immigration abductions and deportations, scaring the daylights out of Americans out there.

I mean, this is going on all over in the blue cities, but it'll be in a neighborhood near you soon, I'm sure, but we...

can't identify these people.

They all wear different clothing.

In fact, it's almost like dress-up time.

I understand that a few of these raids actually hit people dressed up as military, but they're actually just ICE agents, which is also scary.

And they don't need or they aren't showing you any kind of reason why they're picking you up.

Is there a warrant signed by somebody at ICE?

Is there anything at all in an identifying way of knowing who they are?

Right.

And these are unmarked trucks that they just throw people into now.

It's scary about it.

They don't know who, you know, they can't identify them at all.

That's right.

I mean, it could be, you could feel like you're just being kidnapped, you know?

And in a sense, you are.

Exactly,

and what's happened, like the Comptroller in New York City, you know, he was just in the group and the ICE agents were trying to get the immigrant who just appeared in immigration court, but they tried to grab him and of course this Comptroller was...

part of the mix.

And

suddenly they just arrested him too.

And this is what's happening out in the streets.

I have an example of that.

This is 20-year-old Adrian Andrew Martinez.

His family now is trying to understand what happened to him because he was kind of harassing the ice ages.

Yeah, you can eat freedom of speech.

You can go out there and you can tell them what you think.

You don't touch them.

You're not pushing them.

You're

just

yelling at them basically.

And that shouldn't affect them.

But it has affected them.

And I want to play this television coverage of what happened to Adrian Andrew Martinez.

Okay, let's listen to Cut 163.

A tense confrontation between Border Patrol agents and a 20-year-old man named Pico Rivera.

Adrian Andrew Martinez was on a lunch break working at the nearby Walmart when a video shows him standing up to agents who appeared infuriated.

Backup arrives and armed agents swarm Adrian taking him down.

His family told KCLA that Adrian was detained after he intervened, allegedly assaulting an agent who was questioning someone else at the shopping center.

They tried to take the janitor or something.

That's what I heard.

But I heard that he tried defending the janitor.

They tried taking.

His friend who did not want to be identified says he's a U.S.

citizen.

Soon after, protesters took to the streets marching from city hall to the intersection of Washington and Rosemead demanding ice out of Pico Rivera.

This is not the country that we live in.

This is not what we represent.

and we're desperate.

They're pushing us to the edge and we're trying to keep everybody safe and peaceful.

The Trump administration says it's, quote, lawful raids will continue throughout

Greater

LA as it ramps up deportations in blue cities and that agents are

targeting criminals.

That's not true.

They're getting everybody.

They're seeing only targeting people that are car washes, that are working, that are selling flowers, that are selling ice creams, etc.

It's not just criminals.

Residents in this

working class Hispanic communities say they will resist the ongoing ice raids.

We were granted a very special opportunity from our parents.

My

family is immigrants.

And I just got off the phone with Adrian's mother.

She tells me that she has yet to hear from her son at all.

She knows that he's in federal custody, but at this hour she doesn't know where he's being detained.

Now, I watched the video of him being detained and taking away Adrian.

All he was doing was standing there yelling at these ICE agents, telling them, you know, this guy has done nothing wrong and he's trying to defend his fellow Walmart employee.

And it's just, and it's sad.

He was just yelling at him.

I want

to know.

He wasn't interfering with anything.

Right.

He

wasn't doing anything.

He wasn't touching the agents or the ICE agents at all.

Let's listen to the scuffle.

Listen.

Okay

The

thing is the ice agents were pushing and pushing and pushing and he said don't touch me of it.

Yeah, but anyway, he didn't touch back

But because he was yelling, you could see this ice agent come back at him and then take him in custody.

And that's how this whole thing happens and you start sweeping up other people in these ice raids.

And it's so sad to see because he's only 20 years old.

He's only

20 years old.

Yeah, he's 20 years old

and he's trying to defend a fellow employee.

Kind of heroic.

Unreal.

And these things are happening all over the country.

It's stunning to me that we're

We have we don't have a choice in all this and I don't know if you've seen these polls out there But people are actually enjoying this the poll numbers for Trump are going up the way He's handling this people aren't aware aren't worried about it.

They're not really Concerned which is very concerning to me.

Yes when we had the election and they voted Trump in I thought yes the American public

really does kind of want to try out a strong man and see how that works out.

And I think they're still on board with it.

Yeah.

And I

apparently so.

I don't know.

Just scary as heck.

It's frightening.

Yeah.

So anyway, that's that's that's going on all over.

I mean, there were other examples in the news as well.

But I thought that was quite revealing.

And he's an American citizen.

And now they don't know where he is.

Well, that's

Yeah.

And

that's happening a lot.

And the whole, I guess the reason I'm bringing this up is because that would be like my son.

And I know they're like this.

They would, they would try to defend a friend of theirs, a fellow employee.

They would do the same exact thing.

And I'm just worried about my kids being swept up in all of this and not hearing back from them and not knowing what happened to them.

And that's really starting to bother me an awful lot.

And I don't know why the CJ's and, and my mega friend in Milwaukee.

why they're not concerned about it, why they don't see the impact of this on society.

Our civilization in this country, this is what makes us the United States and we're not United.

anymore and it's gone from the ice agents targeting that you know the original idea gang members you know we're going after the gang they've got tattoos and you know they're bad guys and we're gonna swim they're bringing fentanyl in and all this but now it's gone to hotel workers Walmart workers I mean come on it's it's

It's progressed quite a bit from the original mission, apparently.

Well, it really has.

Now, another topic we've talked about on the show is AI.

How much can you really trust it?

I don't, I don't trust it anymore.

I was very,

very much

on board with AI.

I thought, what a great new thing.

I mean, you know, it will open up a whole new area of thinking and work, but it is not that.

Because this story came across, get this, Musk's own AI creation, Grock, has been accused by conservatives of favoring liberals in its responses.

Now they're accusing an AI-generated thing of being liberal or indoctrinated.

by the liberal media somehow, somewhere along the way, because, you know, Grock has to use what's out there to get its information.

I'm sorry, what does Grock even mean?

I can't remember.

There is a reference to that.

But the question was asked in a neutral way.

Grock, since 2016, has the left or the right

been more violent?

And the answer that Grock gave was, since 2016, data suggests right-wing political violence has been more frequent and deadly, with incidents like the January 6 Capitol riot and mass shootings all past the 2019, causing significant fatalities.

That's what Grock had as an answer.

And the response by the creator of Grock, Elon, this is what he said, major fail.

as this is objectively false.

Grock is parroting legacy media.

That's where it's getting its information from the media and legacy media isn't like one or two media companies.

It's everything that's out there covering the media, covering what the news is saying.

and Grock is using that information, and that's a problem.

In fact, Elon says, this is something he's going to fix.

Now that alone scares the daylights out of me because that immediately discredits anything AI is creating for us out there as a way of finding information, right?

Because if he can fix the information, then what's the point of AI?

What are we doing

here?

Elon thinks he knows best.

What's best for everybody?

Oh man.

Yeah, this is uh, anyway, he's promising how to fix, uh, uh, Crock.

Oh, we can rest easy.

I mean, what, what is he objecting to?

Uh, Vance Bolter being accused of, uh, you know, assassinating, uh, political figures.

I mean, I don't know.

Obviously that wasn't a Democrat.

Right.

And all of the other examples that Grock had come up with, you know, police reports, you know, eyewitness news, the whole thing.

That's what AI is supposed to be doing accumulating this data and give you an answer.

But now Elon says he's going to fix that.

Doesn't see what AI's response is.

I mean, AI pushes back now on things.

I feel like Elon says that a lot too.

I feel like that's just a common thing that Elon

says.

Yeah.

Well, that's true.

That's true.

Now, there's good news too, and we'll get to Jim Santel's coming in here

in

just a few moments, and we'll be talking about the latest court decisions that are out there.

But one of the big decisions we'll be talking about is the order by a judge to start resuming passports for transgender Americans who sign it with an X. They cannot block that from happening now, at least.

momentarily.

That's

coming up from

about that.

All right.

We're also going to be checking in with Brittany Merleau.

We'll get the latest on this muggy weather and

A whole lot more in this portion of John and Gordy in the morning brought to you by our friends at Madison Hearing Aid Center.

Jim and Sarah do a terrific job.

They're MadisonHearingAidCenter.com.

They're at 4706 Cottage Grove Road in Madison and they help people change their lives.

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MadisonHearingAidSaturday.com.

And just a

moment, we'll get to the Hegseth

hearings.

Oh, boy.

Yeah, this was really something.

Yeah.

And Brittany Merlot right around the corner with the weather on John and Gordy in the morning.

Kathryn Lake

You're listening to Civic Media.

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R�kker

Rocker here.

Join me for the Maxing preview every Friday morning with John and Gordy right here on WMDX and now they're up for best radio team on Madison magazine's best of Madison poll.

Let me just say these guys rock so they're getting my vote and I hope you get out your vote too.

They may be old but they still know how to rock.

Thank you Rocker.

Please, please vote for us.

Please.

You want to find out how to vote, you can go to WMDXRadio.com.

I don't want to sound

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anything.

You are sounding desperate.

Please vote

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We tried to game it, but we couldn't find a way to do that.

That's right.

It's 23 passes.

Look at the sun coming through those.

Isn't that amazing?

That just happened.

You know why?

Why?

Because we have

Brittany Merleau.

Oh, she's our ray of sunshine every morning.

Good morning, Brittany.

How are you?

Brittney Merlot

Thank you, guys.

I'm pretty good.

How are you?

Doing OK.

Good.

Good.

Still kind of muggy out.

Yeah.

That dew point's still in the low 60s, I think.

Right?

Yeah, about 62 degrees.

So it's up

Brittney Merlot

there.

You tracking that?

Got an eye

on it,

John?

I'm watching it.

Got a bunch of rain that moved through yesterday.

And last night, that kind of tapered off and moved out.

But yeah, it's beautiful.

It's beautiful looking anyway, right now.

Brittney Merlot

After yesterday, right?

We had flash flood warnings down south in Janesville area too.

I know that was not you guys.

Close enough.

I'm glad you missed it.

That's close.

Right?

Right?

But we're looking at a lot of sunshine today, honestly.

Nice and warm, mid-80s.

Dew points aren't too, too bad considering what we have coming ahead.

Comparatively, it's more comfortable today.

So we've got this front still draped over the state.

The darn thing.

It's taking its time.

So it's still going to send a few more showers and storms possible.

But I think a lot of those are going to stay north.

Probably east and away from you.

So I really think you're good to go until tomorrow morning That's when you can't escape the rain more showers more storms Again, I think it's gonna be gone by the afternoon So we could see some sunshine by the end of the day tomorrow winds start to get breezy out of the south

And that's where all that heat and humidity starts to surge in.

And I don't know about you, but I'm going either in the water or staying inside in the AC because these temperatures are going to hit about 93 degrees is

what

Brittney Merlot

I'm thinking both Saturday, Sunday, Monday, and then the dew points in the mid 70s, potentially upper 70s.

Which is gross.

I know.

I know.

I know.

I know.

It's time to go to the water parks.

That's what I'm thinking.

Well, that's

Brittney Merlot

it.

Find the sprinklers, water toys, the squirt guns, anything.

Everything and anything.

Well, yeah.

So get used to the heat.

And you know why?

Because summer is coming up.

That's right.

Summer

begins tomorrow, right?

Brittney Merlot

It does.

It's the summer solstice.

It's the longest day of the year.

We've got tomorrow and a little bit of Saturday.

And then the days start to slowly get shorter.

Crazy to think about.

Okay, now sunset is at 8.40 tonight.

So

we'll

have to watch that.

Maybe go up to 8.41.

You

Brittney Merlot

know, I'm going to be just seconds longer, unfortunately.

I know, I know.

It's about 15 hours and 22 minutes and 19 seconds of daylight.

Wow.

Right off the top of your head.

You know, you are good.

It's going to be really, really hot and, you know, summer is beginning.

And, you know, it just starts me to wondering, you know, we haven't talked about interplanetary weather in a long time.

Do you have something ready for interplanetary?

You bet, of

Brittney Merlot

course I do.

Let's talk about the sun.

Wow,

Brittney Merlot

okay.

Sure, what about

the

Brittney Merlot

sun?

I had no idea that the sun was, I knew it was really, really hot, but I didn't know how hot it was at the core.

Do you guys have any guesses?

I

have no idea.

How do they measure that first of all?

I'm gonna say it's it's it's more than 10,000 degrees.

I don't know I guess

Brittney Merlot

though you were that you were on the dot to the surface temperature of the Sun 10,000 degrees is what the surface of the Sun is but down at the core

Seven million degrees Fahrenheit.

What?

Seven million degrees Fahrenheit.

Cool soft quite a bit on the surface.

But it's a dry heat, right?

Brittney Merlot

It's a dry

heat.

The molten heat.

Dry heat.

Wow, that's just amazing.

Thank you.

I'm thinking about it.

It's outrageous.

Well, thank you for that interplanetary weather.

We appreciate that, Brittany.

Brittney Merlot

Oh, you're welcome.

Those are always fun.

Always

stay cool as we

Brittney Merlot

go through this

weekend.

There we go.

OK.

Close the book on that.

OK.

Hey, have a great day.

We'll talk to you tomorrow.

Find out about the weekend some more.

OK?

Brittney Merlot

So good.

All right.

Take care.

That's Brittany Merlot, our WMDX meteorologist.

OK.

And this portion of John and Gordy in the morning brought to you by Furlough Mattress.

You can wake up and sleep better out of Furlough Mattress.

A lot has changed since 1958.

Some things remain constant throughout Furlough's history.

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Not a lot of time

here.

enough time for fitting our story about Hexeth.

You

know, he had some amazing comments to the people interviewing him.

Well, maybe we can talk to Jim Santel about that a little bit.

Well, maybe.

There's some legality involved in some of that.

He doesn't know what's going on.

He's a former host on Fox News.

Come

on.

Talk about Hexeth now.

Yeah, he's Hexeth.

He knows what's happening.

This is just

ridiculous.

This guy is nuts.

And you know, it doesn't seem

like he

cares.

He's just

playing a game with the Senate.

He's very combative.

You know, he's not he doesn't want to answer anything.

Yeah, that's the thing.

He's trying to be

clever.

Yeah, you know, it's not

coming across.

Well, in fact, it's belligerent and in these senators weren't real happy with a lot

of his responses.

No, they weren't.

Yeah.

And that's going to continue.

Is he done with his testimony or is he going to be back?

I don't know.

I don't know.

We should be done.

We don't want to hear any more from

him.

He has nothing to

add.

Yes.

Nothing to add.

All right.

Jim

Santel coming up with a lot of legal

things to talk about.

And Pam Yonkey, the fabulous farm babe with the Midwest Food and Farm Report.

Next, then we'll be back with Jim Santel on John and Gordy in the morning.

John and Gordy in the morning.

We are

rocking.

We are rocking now.

Sunny skies.

It is 7.35.

Highs in the low 80s today.

Get used to staying in the air conditioning.

It's going to get even hotter the next few days.

Right.

And now Jim Santel joins us.

Attorney at law.

Good morning Jim.

Thanks for being with us.

The gentleman always good to be with you on a Thursday morning.

As we often say, lots of things going on, it's a lot.

A lot to consume, a lot to digest.

Yeah, where do we begin anyway?

Difficult to keep it all straight.

Well, let's start with the big decision on transgender treatment.

Yeah,

tell us about that.

Sure.

So this is pending, obviously, in this term of the United States Supreme Court.

an oral argument way back in December when the Biden administration, remember Joe Biden, he used to be our president

at

the time, he was advocating that the Supreme Court overturn, reverse and reject position of Tennessee and about 25 other states out there that have limited the legality of medical people and healthcare providers providing transgender healthcare to

youths, people under age of 18 who are going through the transgender process.

That includes beta blockers and other hormone treatments.

The Supreme Court has said that, yes, indeed, states can do that.

They can issue a legislation that prohibits medical providers in particular states from doing that.

And again, about half the states in the union have some variations on that.

And so it's not just respect to Tennessee, but throughout the country that this has big impact.

And of course, the issue is not only the effect upon transgender youth.

But as we were chatting offline, what is the consequence of this?

In many other areas, we know the Supreme Court has, for example, recently permitted the president to go ahead and get rid of transgender service members in the military, at least on a temporary basis.

We've got issues about sports and yes, bathroom issues continue to.

not plague our nation, but they seem to be a focus of a certain component of the population.

So the concern is not only about the argument here and the position, but also the impact of this.

For what it's worth, John Roberts says, you know what?

Because this is an evolving field, he talks about the safety, the efficacy, and the propriety of medical treatments being unresolved on the face of the planet, invokes some English studies and things in Great Britain.

It's just because of that, it's the people, it's the representatives and legislatures, they should make those decisions courts should not.

Sonia Sotomayor, needless to say, goes in the opposite direction.

And she says, no, no, just you need to embrace this as an equal protection issue.

And that's her position.

Well, it's such a partisan issue.

I mean, you know, all the way through these laws that they put in place in all these states, it refers to sex in every line.

And the court said that it didn't have anything to do with sex.

Right.

Right.

And that was their decision.

Yes, yeah, it has to do right with with distinctions other than sex it is the kind of argument that once again Maybe only lawyers and people who play a long round with these kinds of things can fully appreciate again Sonya said to more takes that apart and she gives a great number of examples she actually identifies a number of

of youth principally by their their initials not their full names and says this is entirely about sex it has to do with obviously gender dysmorphia and how you feel about your own body it is completely about that.

and she accuses the majority of saying you're hiding behind this linguistic categorization and saying that there's no equal protection issue here.

Of course there is, she says, and also treating males somewhat differently than females, lots of arguments about the nature.

of the equal protection that's not being afforded here, treating, she says, similarly situated people differently and dismisses what John Roberts and the majority say about that.

I think a lot of the comments from the conservatives on the court made it very clear that this was a purely political decision.

I'm just looking at an article on this and Justice Clarence Thomas, for example, insisted medical experts get this.

unbelievable, have surreptitiously compromised their medical recommendations to achieve political ends.

Where the hell did he get that from?

I mean, what kind of legal decision is this based on?

That's right out of the clear blue.

And then Amy Coney Barrett raised concerns about boys and girls sports teams.

This had nothing to do with the case at all.

and they're using all of these political arguments, these political points to make a decision that affects all of these states and all of these children and the families that are trying to help their own children.

Right,

and it is regrettably a part of the language of the Supreme Court these days that we do invoke from time to time these

these push button and dog whistle kinds of issues

to

say, you know what, this is about that.

This is not about that.

This is healthcare.

This is about the equal protection argument, 14th amendment.

And as Sonia said, Amir is so very compellingly says in again, an extensive and extensive dissent.

She says, this is about young people and the families and the people who love them and decisions being made at those levels.

and sort of indicates my words, not hers.

How dare you turn this into something other than that issue?

And lots to read, 118 pages.

I

know

all

your listeners have already consumed all of that.

I know Dom is going through it for a second time.

It is highlighted and doing an index on it.

But again, it's a lot.

It's a lot.

Yes, it's a lot.

Well, here's what

The son of Sotomayor said, she said, the court abandons transgender children and their families to political whims.

I think that is the bottom line.

That's telling it like it is.

Right, absolutely.

And again, she's joined by obviously we have to note Elena Kagan and Khadija Brown Jackson.

Kagan writes something separately as well, but they're very strong in opposition to this.

Sometimes, as we know in history, the descents become eventually the majority opinions, but obviously not in this time, not in this era.

And we wait for the next shoot a drop on these kinds of important issues.

Talking with Jim Santel, host of Amicus.

every Saturday on the Civic Media Radio Network.

Jim, what other court cases are pending with the Supreme Court this term before they adjourn?

Sure, we've got just some of my accounts somewhere in the teens.

So lots of cases yet to go out of 65 altogether.

This is a

big

one.

One of the other ones may be coming out this Friday, maybe next Thursday.

Those are the days in which the Supreme Court has once again said we will probably issue opinions on those.

And then we're coming right up against Court of Fourth of July, holiday, which is a very informal, informal deadline for getting all this done.

But lots of cases, including, including as we have talked recently on this very broadcast.

that thing called birthright citizenship under the 14th amendment the attempt by the president to carve out again a subclass of people who we thought were citizens up until now and the issue there not so much about the 14th amendment but whether or not judges an individual federal judge has this right to enter an injunction a temporary restraining order that applies nationwide the universal injunction issue we

may

not get a decision on 14th amendment we may get a decision on whether or not

Judges can do those kinds of things a big deal at a time when lots of judges are doing just that including including in the passport area with LGBT Travelers many many things out there.

So that that's a big one other other issues obviously of equal importance don't want to rank them but issues related to storybooks that children should be permitted to or not permitted to see in the public schools that have LGBT issues some things related to internet access for adult sites

all kinds of things that the Supreme Court is wrestling with these days.

Well, they're bringing all this stuff up because they've got the Supreme Court in their hands.

So certainly they're going to get some of the decisions that go their way, just like the transgender youth treatment case.

But let's get into what happened here in our own Supreme Court, making a great decision this time in favor of Josh Call or

basically any AG at this point making decisions in lawsuits.

Summarize that case for us.

Sure.

So what's going on here goes way back to 2018 who said the justice is speedy right in the state courts or the federal courts.

What happens?

You recall this and again Dom does well as I continue to invoke her.

Our chronological age is here.

Way back then, what happened was Scott Walker in the wake of the election of Tony Evers and Josh Call.

Legislature passes legislation in the state that basically says, if the executive wants to settle civil cases, these are civil matters, not criminal cases, before you do that, before you settle any claim against the state, you got to come basically to the Joint Finance Committee back over to the legislature and get our approval on that.

It's been up and down.

down in the courts, 2020, the Supreme Court rejected the challenge, said Josh Carl, go back to the lower courts.

Eventually, interestingly, there was a certain Dane County Circuit Court judge, her name was and still is, Susan Crawford, who

ruled

in 2022.

This is unconstitutional.

You can't limit the executive branches prerogative in this area.

Finally, finally gets back to the Supreme Court.

And then again, as you've indicated,

just a couple of days ago.

In a unanimous decision, we should all be celebrating that once our justices are in agreement, seven to zero.

That does happen at the federal level, by the way.

Supreme Court unanimous, he says no, rating from the pen of Brian Haggadorn.

He says that this is a constitutional issue.

You can't give the power to control litigation to the legislature.

That's within the purview of the executive

and the attorney general in particular, that's the reason why this is so very important.

Yeah, they originally, of course, let this thing slip through.

And now, unanimously, they at least focused on one issue, and that is the settlement issue, throwing it to the legislature, which was crazy all by itself.

We're not even dealing with at this point.

I don't think there's any cases or lawsuits pending in regards to the power that they took away from the governor.

I think that's done.

That's a done deal on that.

But this was in the lame duck session of the legislature.

They pushed this thing through.

Other states did that, by the way, but the governors didn't sign off on it.

Scott Walker did.

And this is what has resulted from it.

to limit his successor and is a practical matter again.

That's the big issue and it is a reason frankly for Democrats, Republicans to be solid because at some point again, you the governor's mansion changes hands.

Again, you don't want to limit the capacity of the executive branch.

There are all kinds of ethical reasons.

You can even imagine the specter.

I've got a lawsuit that Dom and I again, I'm invoking his name many times this morning.

We are in litigation and he is trying to settle the case and I say, okay, we've got a resolution for this.

We were talking about litigation strategy.

about dollars, things in the context of our own clients, and then we've got to go to the legislature and air all of this and have a legislature vote, or at least a committee vote on whether or not we think this settlement makes sense, disclosing in that setting all things we've talked about already, all kinds of issues that make this very impractical.

Thank goodness in Wisconsin, we're no longer doing it that way.

Back to normal.

Wow.

Do you know if anybody is challenging the issue of DEI being illegal?

Is there any

kind

of case floating out there because I know, you know, the president has declared it illegal that people can't do it and he's preventing private interest from actually carrying out DEI.

Is there?

Yeah.

There are actually many of them, but they go into specific areas.

For example, programs inside federal agencies that have been shut down, and people coming forward and challenging those on the basis that they're materially affecting the capacity of the agency to do its work.

They're impacting things like rights of people and permutations all across the board as he continues to perpetuate that unfounded notion that somehow this is bad for America.

All right, Jim, we're going to come back with more.

So hang in there.

Stay with us.

us.

Coming

Kathryn Lake

right back.

Stephanie Miller here.

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Just kidding, please vote for them because they lead into my show and when they do well, it helps me out too.

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We love you too, Stephanie.

Stephanie Miller show next on the Civic Radio Network.

John and Gordy back with attorney Jim Santel from...

Amicus, a law review.

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We're

talking during the commercial break about nationalizing the National Guard or

the Marines and sending

everything in.

And that has become a huge issue now.

And you mentioned something about that.

It's something there was a hearing yesterday about, right?

Yes, exactly.

We know we talked about it on this very broadcast last week, a federal judge named Breyer, B-R-E-Y-E-R.

It's not the former Supreme Court judges, but Charles Breyer, he's a district court judge in San Francisco.

And he looked at all this, he had a hearing and he said, you know what, the basis upon which any president can federalize the California or any National Guard is you got to make a finding of a rebellion.

people trying to overthrow the government.

You've got to have an invasion and talk all about how this is just not that.

This is people protesting and we have some of it may have gotten not

violent with a capital V, but a little some rocks thrown and things like that.

But that's not a rebellion trying to overthrow the government.

So he basically says, Donald Trump, you can't do this.

You're without constitutional and statutory authority.

It is appealed right away, of course, by Donald Trump through your Department of Justice and the Ninth Circuit Court of Appeals, which is, again, the court above Judge Breyer, again, in Crumpus in California and Washington, Oregon.

Alaska, Hawaii, a huge portion of the country basically said, we're going to have a hearing on this to determine whether or not the lower court's order should stand.

They did that just yesterday, about an hour-long hearing or so, and it's just an opportunity, again, to review what the lower court has done.

Hard to say.

We don't predict a whole lot from what happens in oral arguments, but it appeared that at least, again, this is just a three-judge panel, and at least some of the judges were at least sympathetic to the president's view

that he is the Commander-in-Chief.

He's got to be concerned for the entire country.

And for that reason, he's got the authority to do this.

And so we'll see what the Ninth Circuit does.

Couple of options that may come out of that, if indeed the Ninth Circuit goes in the opposite direction.

One is in what's called an en banc proceeding, could have all the judges of the Ninth Circuit, 20 some of them getting together to review that.

Probably in that setting, they would go with Judge Breyer.

Ultimately, where could this go once again?

our friends at the Supreme Court.

This could end up there as do many of these cases, but it's topical right now.

It is hot right now not only because of illegal issues, because it relates to the government's, the president's capacity as we were talking again to bring what are basically political differences.

I don't like the political and partisan views of a mayor in a particular city.

And because of that, I'm going to do something either to restrict their funding.

In this case, even to shut down

the legitimate public debates that are going on in those cities.

That's a different kind of thing that the president has never done before in American history.

Well,

it's not an insurrection.

It's not rebellion.

No.

Again, these are protests.

So how can the Ninth Circuit even come to any kind of conclusion that it would be okay for the president to nationalize the military

like this?

That's the head scratcher.

When you read Judge Breyer's opinion, it is so good.

There's some great language in there too.

I read it during the course of the events, the community events of last Saturday about how it's troubling that the president would even say that somehow public debate, protest.

the opportunity to exercise your first-minute rights.

Somehow that's a rebellion,

Mr.

President, but that's insurrection.

So it is difficult to believe that any judges, however, whatever their political background may be, would go in that direction.

We'll see if things have happened like that in the past, but we're not done with this issue by a far, far stretch.

Now you said it's a three judge panel.

They could go to the full circuit, right?

Yes, it could.

If again, and likely the governor, he is the plaintiff in this case, if there is an unfavorable decision to the California, he could say, you know what, I want everybody to decide this and they may well grant that request.

Especially in the ninth circuit, if you've got an opinion from two or three of these judges,

that's different from what probably the majority of the Ninth Circuit judges would do, likely that this may be heard by all of them and that could further delay all this, of course, but this is not the end in the federal courts by any means.

And again, maybe one day, no time soon that this could get up to the Supreme Court as well.

But the crazy part is that don't they know the repercussions on granting something like this?

I mean, every city can be occupied at that point.

Everybody could be watching the military, you know,

Role

in their town.

Marching through

their towns.

That's that's the concern that your questions just raise.

Okay, the president wakes up in morning and says, you know what?

I don't like what I'm seeing those protests along the highways and in the public ways and There is rebellion going on and I can make that I'll make that finding as the president did and for that reason the tanks then can roll in and we can do something again The the National Guards have been federalized a couple of times.

It's always been to advance civil rights, right?

It's to

ensure that that again the ended President Eisenhower

sent in the National Guard to ensure that segregation, Brown versus Board of Education too, is followed way back in the 1950s.

We do that to enforce the rights of people, not to trample on them and restrict them.

That's why this is so very different today.

Boy, it's just absolutely crazy.

It just makes us all really nervous and on edge.

And we're already watching the military trim through our towns, our cities, and grabbing people off the street.

And people are just worried about their friends, their loved ones, their co-workers.

The chilling effect is just outrageous.

And you like to think that the courts would go in that direction also to support rights of people.

Jim,

we got to leave it there.

Thanks for joining us.

We appreciate it.

We'll talk to you next time around.

You can listen to Jim's show, Amicus, a Law Review on the Civic Media Radio Network on Saturdays from 9 to 11 a.m.

And tomorrow on the show, we've got Rocker joining us, also Savannah Tomei Olson and Pam Yonkey.

That's going to do it for this Thursday.

Busy day today.

Busy, busy, busy.

Stephanie Miller's next, so long.

Wait, uh-oh.

Look out.

Here comes the, oh no.

Look out for the drone.

Kathryn Lake

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