my dad J secul our chief counsel is joining us and Dad we explained just briefly in the first segment of the broadcast uh the Fisher decision out of the US Supreme Court uh which uh a big decision on the two charges that have been brought against President Trump by Jack Smith related to January 6 so this is a decisive defeat for the special Council Jack Smith and an overwhelming victory for uh the obviously the petitioner in the case who was a police officer and the president who’s been charged two of the four counts relate to this uh obstruction of an ongoing uh act of Congress well the a majority of the Court six to three so it was a lopsided decision in favor of the both the First Amendment here and statutory interpretation but let me tell you the unusual thing here Justice Barrett sided with uh the liberal members of the court but J Justice Brown sided with in fact uh the conservative members of the court and that’s how you end up with 63 uh justice chief justice Robert say the solicitor general acknowledged an oral argument that under the government’s interpretation a peaceful protester could be conceivably charged for violating a 1512 C2 which carries a 20-year sentence and uh even lobbyists could be brought into the scope of the statute that Jack Smith was trying to interpret by the way typical Jack Smith overcharging overreaction but listen to the concurring opinion of Justice Jackson again appointed by who President Biden so they’re not going to be able to argue this is the six conservatives she said in the United States of America men are not subjected to criminal punishment because their conduct offends or patriotic emotions were THS a general purpose sought to be affected by a specific command which they have not uh disobeyed nor they can be held guilty of offenses which the statutes have admitted uh to find and condemn our commitment to equal justice and the rule of law requires the courts to Faithfully apply criminal laws as written even in periods of national crisis and even when the conduct alleged is abhorent and she went on and said not with standing all of this this Court’s task is to determine what conduct is pro prescribed by the law and clearly this was not now this also has a ug ramification Jordan for the president’s case because two of the four chares relate to exactly this point it’s exactly the same statute yeah I mean there’s there’s they were relying on his speech and uh this exactly what they were talking about today is the kind of idea of speech that and you you said like in judge Jackson’s U opinion as well she was talking about how even you know a peaceful protester so someone just giving a speech at a rally uh would be subject to this and that’s what Jack Smith thought but now uh because of the way they defined it and this is how they defined it to prove Pro a violation of this law you’d have to the government has to show the defendant impaired the availability or Integrity for use an official proceeding it’s about records documents objects and other things used in a official proceeding so uh dad a lot of legal commentators think these two charges fall now for Jack Smith and if he wanted to bring anything similar he’d have to go back to the grand jury with a different charge a more serious charge actually and no way that’s going to happen either because the first of all the the Washington Grand Jury has expired once the grand once the indictment was issued they’d have to rol up a grand jury start a new proceeding it’s not going to happen there’s two charges left and I’m telling you what we’re going to see in the next day or next week and that’s going to be I suspect the Supreme Court’s going to take our argument that there was limited presidential immunity for official acts and send the case back down to the trial court judge to determine if the scope of what the president was doing on Election integrity was to be an official act within the parameters of what a president does and I think the answer to that is yes so this is a huge win for the president a huge defeat for Jack Smith again this is the overcharged guy remember we worked on the McDonald case Governor McDonald’s same thing there these ridiculous interpretations of the statutes and it comes back to haunt him every time he can’t get it right that’s why he lost his case against John Edwards that’s why he lost the first trial that he did against um Senator Mendez uh he’s an equal party offender he comes up with these crazy theories and the courts never allow them you know I think that again this is it almost got ahead of Jack Smith because he didn’t it wasn’t the court rebuking him but now it’s a a pre a pre- rebuke they did hold it until after the debate I mean when you look at the other charges too in this case uh that would survive this that weren’t related to this they were conspiracy to defraud the US conspiracy against rights those both look like also two charges that if they ultimately got to the Supreme Court would say you know that’s you’re looking at it too broadly yeah I think that listen I think those two charges are in Jeopardy because of the direct challenge that the president made in the brief we filed uh arguing limited presidential immunity for official acts I think those Jordan I think this the entire uh proceeding against the president as it relates to the January six St received today a fatal blow it’s done so if any recovery so if that receives a fatal blow and the case the classified documents case uh certainly appears like it’s going that way I mean it it’s it’s going nowhere fast and now with the FBI having to admit they they they’ve lost some of the documents misplaced them they’re out of order then not on the glossery I mean you really go and it’s it’s the you look to the remaining really State charges in the ones out of New York as really what’s left against Donald Trump and and what they might try to do there’s not going to be a lot except except for that sentencing date I think that’s the you know key thing Democrats and the left are hoping will somehow bail out Joe Biden’s performance here is that when Donald Trump is sentenced um before the next you know before the next debate obviously as happens in July and before the Republican convention that that will somehow overtake Joe Biden’s performance but again uh as you just heard my dad say a fatal blow to Jack Smith’s case out of Washington DC and Dad we did file in this case the aclj because of exactly they said I mean a basically a peaceful protester uh or or so it again who but someone is but that’s outside you know the capital or one of our staff talking to a a legislative staff saying this is how we think you should you know uh interpret this or make sure this provision is included in a law on life that somehow that could be again obstructing an official proceeding of Congress and that that is unconstitutional and the court agreed both conservatives and liberals on the and a liberal on the court yeah and I think by the way the fact that Justice Brown joined the Chief Justice opinion is going to speak volumes Jordan here’s why they’re not going to be able to argue this is the six conservative Supreme Court Justices that Trump appointed and they just did their Duty in fact to the contrary Amy col Barrett sided with the Liberals jce uh K Jackson Brown went with uh justice Brown Jackson went with uh the conservatives so there you have it when you had justice Jackson going with the conservatives and Barett going with liberals they’re not going to be argue this political split the law was applied the law was applied in a bizarre way and the Supreme Court said we’re not allowing it period you cannot criminalize Free Speech again as they acknowledged first amendment activities peaceful protesters could conceivably be charged with 1512 C2 we’re not going to allow it that means that charge Falls against President Trump and um it’ll be very interesting see how the V Administration spins it and they got enough problems after the debate last night but I’ll tell you this was uh this was quite a win for the president and a huge huge defeat a a strategic failure on behalf of Jack Smith fatal is my view um that also a major case that again the media has a little tougher time explaining because it’s not as clear but legally maybe the biggest case out of the Supreme Court in this entire term is the Chevron Doctrine is overturned and this idea that you go to the administration for gray areas and let them and these agencies interpret laws passed by Congress where there’s gray areas and the court is not going to usually step in has now uh reversed that opinion and the and said no if it’s a gray area the court is stepping in this is a huge thing because what was allowing was unelected bureaucrats to actually make law and that’s what I wrote a book called undemocratic and that’s what was about and the Chevron Doctrine being put to rest is like the lemon test and The Establishment Clause put to rest finally uh we’re going to have it done right it’s a very good day at the Supreme Court no doubt about it I mean this was thank you Dad for joining us this this again folks I when you’re talking about the Deep State and The Bu The bureaucratic State the administrative State the unelected bureaucrats this now allows challenges to those uh their interpretations and they don’t go in with the idea that usually we’re just going to side with their interpretation because Congress left it gray that’s no longer the position of the US Supreme Court which takes away the power of the administrative
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