ACLJ This Week with Jay Sekulow, "Immigration at the Supreme Court" | TBN

ACLJ This Week with Jay Sekulow, "Immigration at the Supreme Court"

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March 1, 2016
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ACLJ This Week with Jay Sekulow

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ACLJ This Week with Jay Sekulow, "Immigration at the Supreme Court"

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  • [MUSIC]
  • 00:00:00.190 --> 00:00:05.090
  • [ANNOUNCER] LIVE FROM WASHINGTON D.C. JAY SEKULOW
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  • LIVE. PHONE LINES ARE OPEN FOR YOUR QUESTIONS RIGHT NOW.
  • 00:00:09.040 --> 00:00:14.010
  • [MUSIC]
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  • AND NOW, CHIEF COUNSEL FOR THE AMERICAN CENTER FOR LAW
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  • AND JUSTICE, JAY SEKULOW! JAY SEKULOW: CAN THE PRESIDENT OF
  • 00:00:30.260 --> 00:00:34.050
  • THE UNITED STATES CHANGE THE LAW? THE ANSWER ON HIS OWN IS NO
  • 00:00:34.060 --> 00:00:37.150
  • HE CANNOT. THE SUPREME COURT OF THE UNITED STATES HAS JUST
  • 00:00:37.160 --> 00:00:40.010
  • ANNOUNCED, LITERALLY, WITHIN THE LAST COUPLE OF HOURS THAT THEY
  • 00:00:40.020 --> 00:00:43.070
  • ARE TAKING WHAT I THINK IS NOW CERTAINLY ONE OF THE BIGGEST, IF
  • 00:00:43.080 --> 00:00:45.240
  • NOT THE BIGGEST CASE OF THE SUPREME COURT TERM. YOU'LL
  • 00:00:45.250 --> 00:00:48.210
  • REMEMBER THE PRESIDENT MADE A MOVE ON THE ISSUE OF IMMIGRATION
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  • WHERE HE STOPPED DEPORTATIONS. HE WAS BASICALLY GRANTING
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  • AMNESTY TO 5 MILLION PEOPLE HERE ILLEGALLY. HE DID THIS THROUGH
  • 00:00:55.260 --> 00:01:00.280
  • WHAT HE CALLED EXECUTIVE ACTION, EXECUTIVE ORDERS. WE WENT TO
  • 00:01:00.290 --> 00:01:04.240
  • COURT ON BEHALF OF, READY FOR THIS, 113 MEMBERS OF THE UNITED
  • 00:01:04.250 --> 00:01:08.070
  • STATES CONGRESS, OVER 250.000 OF OUR MEMBERS. WE WON AT THE
  • 00:01:08.080 --> 00:01:12.180
  • DISTRICT COURT. WE WON AT THE COURT OF APPEALS. NOW THE CASE
  • 00:01:12.190 --> 00:01:15.020
  • IS BEING HEARD BY THE SUPREME COURT OF THE UNITED STATES. THE
  • 00:01:15.030 --> 00:01:18.020
  • RAMIFICATIONS OF THIS ARE HUGE. IT IS A QUESTION OF THE
  • 00:01:18.030 --> 00:01:21.130
  • SEPARATION OF POWERS. DOES THE PRESIDENT OF THE UNITED STATES
  • 00:01:21.140 --> 00:01:24.190
  • HAVE THE AUTHORITY TO ENGAGE THIS ISSUE BY THE STROKE OF A
  • 00:01:24.200 --> 00:01:29.060
  • PEN? WE THINK THE ANSWER SHOULD BE NO. OUR JOB NOW? CONVINCE THE
  • 00:01:29.070 --> 00:01:32.270
  • SUPREME COURT. THAN, LET'S TALK ABOUT THE RAMIFICATIONS OF THIS
  • 00:01:32.280 --> 00:01:35.100
  • ARE HUGE. WE WERE THE LEAD ON THIS ONE. WE TESTIFIED BEFORE
  • 00:01:35.110 --> 00:01:41.020
  • THE SUBCOMMITTEE ON THIS THAT DEALT WITH THIS ISSUE EARLY ON
  • 00:01:41.030 --> 00:01:44.200
  • AND LAID OUT THE CASE. THAN BENNETT: JAY, THIS IS ONE OF THE
  • 00:01:44.210 --> 00:01:47.240
  • MOST BRAZEN FLIP FLOPS THAT THIS PRESIDENT HAS MADE. HE SAID MORE
  • 00:01:47.250 --> 00:01:50.010
  • THAN 20 TIMES THIS WAS A POWER THAT HE COULD NOT DO. THEN HE
  • 00:01:50.020 --> 00:01:53.100
  • CAME OUT AND DID IT. YOU IMMEDIATELY WENT BEFORE THE
  • 00:01:53.110 --> 00:01:55.260
  • HOUSE JUDICIARY COMMITTEE, CHAIRED BY CHAIRMAN GOODLATTE
  • 00:01:55.270 --> 00:01:57.290
  • AND TESTIFIED ABOUT THE UNCONSTITUTIONAL NATURE OF THIS
  • 00:01:58.000 --> 00:02:00.200
  • ACT. CONGRESSMAN GOODLATTE, CHAIRMAN GOODLATTE AND OTHERS
  • 00:02:00.210 --> 00:02:03.280
  • WERE AMONG THOSE 113 THAT JOINED WITH US MAKING THAT EXACT
  • 00:02:03.290 --> 00:02:06.210
  • ARGUMENT AT THE APPEALS COURT. WE CARRIED THE DAY. WE'RE GOING
  • 00:02:06.220 --> 00:02:09.270
  • TO DO IT AGAIN AT THE SUPREME COURT. -ALRIGHT, FOLKS, THIS IS
  • 00:02:09.280 --> 00:02:11.270
  • HISTORIC AND YOU CAN BE PART OF HISTORY. THIS IS NOT SOMETHING
  • 00:02:11.280 --> 00:02:14.050
  • WE DO ALL THE TIME, BUT WE'RE DOING IT HERE. HOW WOULD YOU
  • 00:02:14.060 --> 00:02:16.190
  • LIKE TO BE ON A BRIEF TO THE SUPREME COURT OF THE UNITED
  • 00:02:16.200 --> 00:02:18.270
  • STATES? YOU CAN DO IT RIGHT NOW. YOU CAN SIGN ON TO OUR COMMITTEE
  • 00:02:18.280 --> 00:02:22.290
  • TO DEFEND THE CONSTITUTION AND STOP THE PRESIDENT'S LAWLESS
  • 00:02:23.000 --> 00:02:26.050
  • ACTION. YOU TALK ABOUT HISTORY FOR YOUR CHILDREN AND GRAND
  • 00:02:26.060 --> 00:02:28.200
  • CHILDREN, YOU CAN TELL THEM YOU WERE A PART OF A SUPREME COURT
  • 00:02:28.210 --> 00:02:30.160
  • CASE. BACK WITH MORE IN A MOMENT.
  • 00:02:30.170 --> 00:02:32.050
  • [MUSIC]
  • 00:02:32.060 --> 00:02:42.050
  • JAY SEKULOW: LET ME TELL YOU WHAT HAS HAPPENED. THE SUPREME
  • 00:02:42.060 --> 00:02:43.090
  • COURT OF THE UNITED STATES HAS GRANTED REVIEW ON THE
  • 00:02:43.100 --> 00:02:45.130
  • PRESIDENT'S EXECUTIVE ACTION OVERREACH. HE SAID HE UNDERSTOOD
  • 00:02:45.140 --> 00:02:50.070
  • WHAT THE LAW IS. LET ME PLAY THIS FLASHBACK FROM THE
  • 00:02:50.080 --> 00:02:52.070
  • PRESIDENT. THIS IS #35 HERE. I WANT YOU TO HEAR THIS. PRESIDENT
  • 00:02:52.080 --> 00:02:56.190
  • BARAK OBAMA: I'M THE PRESIDENT OF THE UNITED STATES. I'M NOT
  • 00:02:56.200 --> 00:02:59.130
  • THE EMPEROR OF THE UNITED STATES. MY JOB IS TO EXECUTE
  • 00:02:59.140 --> 00:03:03.290
  • LAWS THAT ARE PASSED. -THE CLAUSE OF THE CONSTITUTION THAT
  • 00:03:04.000 --> 00:03:09.080
  • HE VIOLATED HERE, AND THAT'S WHAT'S FASCINATING, THIS IS
  • 00:03:09.090 --> 00:03:13.220
  • REGARDLESS OF YOUR VIEW ON IMMIGRATION, THE TAKE CARE
  • 00:03:13.230 --> 00:03:17.270
  • CLAUSE OF THE CONSTITUTION IS ARTICLE 2, SECTION 3. IT SAYS
  • 00:03:17.280 --> 00:03:20.260
  • THAT THE CHIEF EXECUTIVE, THE PRESIDENT, SHALL TAKE CARE THAT
  • 00:03:20.270 --> 00:03:23.130
  • THE LAWS BE FAITHFULLY EXECUTED AND SHALL COMMISSION ALL
  • 00:03:23.140 --> 00:03:25.270
  • OFFICERS OF THE UNITED STATES. THIS IS A VIOLATION OF THE TAKE
  • 00:03:25.280 --> 00:03:29.190
  • CARE CLAUSE. NOW I TOLD YOU, I'M IN FAVOR OF COMPREHENSIVE
  • 00:03:29.200 --> 00:03:32.250
  • IMMIGRATION REFORM, WHICH I BELIEVE STARTS WITH REALLY
  • 00:03:32.260 --> 00:03:35.060
  • SECURING THE BORDERS, SO THAT THERE IS NOT AN ISSUE. YOU'VE
  • 00:03:35.070 --> 00:03:37.250
  • GOT TO KNOW WHO'S COMING IN THE COUNTRY AND IF THEY DON'T PASS A
  • 00:03:37.260 --> 00:03:40.020
  • CHECK, YOU DON'T GET IN. BUT THIS SITUATION, REGARDLESS OF
  • 00:03:40.030 --> 00:03:43.170
  • YOUR VIEW ON IMMIGRATION, THE PRESIDENT OF THE UNITED STATES
  • 00:03:43.180 --> 00:03:46.200
  • DOESN'T HAVE THE AUTHORITY TO CHANGE THE LAW. HE SAYS I'M NOT
  • 00:03:46.210 --> 00:03:49.190
  • A KING. WE'RE GOING TO GET THAT ONE LOADED IN A MOMENT. WE'VE
  • 00:03:49.200 --> 00:03:52.080
  • GOT IT, SO AGAIN, THE PRESIDENT OF THE UNITED STATES SAYS I'M
  • 00:03:52.090 --> 00:03:56.140
  • ONLY 1 MAN, I'M NOT A KING, I'M NOT A MONARCHY. HERE'S WHAT HE
  • 00:03:56.150 --> 00:03:59.070
  • SAYS: PRESIDENT BARAK OBAMA: ULTIMATELY I'M 1 MAN. WE LIVE IN
  • 00:03:59.080 --> 00:04:02.030
  • A DEMOCRACY. WE DON'T LIVE IN A MONARCHY. I'M NOT THE KING. I'M
  • 00:04:02.040 --> 00:04:06.280
  • THE PRESIDENT. AND SO I CAN ONLY IMPLEMENT THOSE LAWS THAT ARE
  • 00:04:06.290 --> 00:04:12.140
  • PASSED THROUGH CONGRESS. -THAT'S EXACTLY THE POINT. AND
  • 00:04:12.150 --> 00:04:14.200
  • THAT'S THE POINT, THAN, OF OUR SURPREME COURT BRIEF, WHICH WILL
  • 00:04:14.210 --> 00:04:17.120
  • BE SIGNIFICANT ON THIS ISSUE SINCE CONSIDERING IT LOOKS LIKE
  • 00:04:17.130 --> 00:04:20.270
  • WE'RE GOING TO BE REPRESENTING THE LEADERS OF THE HOUSE AND
  • 00:04:20.280 --> 00:04:23.190
  • SENATE ON THIS. -YEAH, THAT'S RIGHT. I MEAN, THE PRESIDENT
  • 00:04:23.200 --> 00:04:26.200
  • SAID WHAT YOU JUST PLAYED MORE THAN 20 TIMES, JAY. AND THEN HE
  • 00:04:26.210 --> 00:04:29.110
  • CAME OUT AND ADMITTED THAT HE DID THE EXACT OPPOSITE. AND ONE
  • 00:04:29.120 --> 00:04:31.210
  • OF THE MOST GRATIFYING THINGS OF LOOKING AT OUR BRIEF, AND THE
  • 00:04:31.220 --> 00:04:34.100
  • 113 MEMBERS OF CONGRESS THAT ARE ON IT, JAY, THEY ARE ALL OVER
  • 00:04:34.110 --> 00:04:37.070
  • THE BOARD WHEN IT COMES TO IMMIGRATION POLICY. I MEAN, SOME
  • 00:04:37.080 --> 00:04:39.240
  • OF THEM SUPPORT VERY COMPREHENSIVE IMMIGRATION
  • 00:04:39.250 --> 00:04:42.200
  • REFORM, INCLUDING, BY THE WAY, SOME OF THE THINGS THAT THE
  • 00:04:42.210 --> 00:04:45.220
  • PRESIDENT DID. BUT THEY ALL RECOGNIZE THAT IT IS CONGRESS'
  • 00:04:45.230 --> 00:04:49.000
  • AUTHORITY TO DO IT AND THEY CAN'T LET THE PRESIDENT GET AWAY
  • 00:04:49.010 --> 00:04:51.250
  • WITH OVERSTEPPING HIS BOUNDS, OTHERWISE HE WILL JUST PICK ANY
  • 00:04:51.260 --> 00:04:55.130
  • ISSUE UNDER THE SUN, AND LEGISLATES HOW HE WANTS. SO VERY
  • 00:04:55.140 --> 00:04:58.100
  • DIVERSE GROUP ON THIS BRIEF, JAY, THEY ALL STOOD FOR THE
  • 00:04:58.110 --> 00:05:01.010
  • CONSTITUTIONAL AUTHORITY THERE. -SO THIS IS MY WRITTEN
  • 00:05:01.020 --> 00:05:03.020
  • TESTIMONY AND OUR FOLKS ON THE WEBSITE. SO THIS IS MY WRITTEN
  • 00:05:03.030 --> 00:05:06.200
  • TESTIMONY THAT I FILED WHEN WE WENT TO COURT, EXCUSE ME, WHEN
  • 00:05:06.210 --> 00:05:12.020
  • WE APPEARED BEFORE THE JUDICIARY COMMITTEE. THIS WAS THE ACTUAL
  • 00:05:12.030 --> 00:05:14.060
  • TESTIMONY. AND I RAISED, WE RAISED, OUR TEAM DID, ON PAGE 8
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  • THE TAKE CARE CLAUSE; THAT THE LAWS BE FAITHFULLY EXECUTED, THE
  • 00:05:18.180 --> 00:05:21.280
  • PRESIDENT HAS TO TAKE CARE THAT THEY'RE FAITHFULLY EXECUTED. SO
  • 00:05:21.290 --> 00:05:24.130
  • WE RAISED THAT ISSUE. IT DIDN'T GET A LOT OF ATTENTION IN THE
  • 00:05:24.140 --> 00:05:27.060
  • LOWER COURTS, BUT IT SURE DID GET A LOT OF ATTENTION AT THE
  • 00:05:27.070 --> 00:05:29.090
  • SUPREME COURT OF THE UNITED STATES BECAUSE THEY ADDED THE
  • 00:05:29.100 --> 00:05:31.060
  • QUESTION ON IT, I THINK THAT'S A GOOD SIGN FOR US. WE ARE VERY
  • 00:05:31.070 --> 00:05:33.120
  • ENCOURAGED. HERE'S WHAT I SAID WHEN I TESTIFIED: DISTINGUISHED
  • 00:05:33.130 --> 00:05:38.210
  • MEMBERS OF THE COMMITTEE: ON BEHALF OF THE AMERICAN CENTER
  • 00:05:38.220 --> 00:05:40.160
  • FOR LAW AND JUSTICE AND OVER 75.000 OF OUR MEMBERS, THANK YOU
  • 00:05:40.170 --> 00:05:43.120
  • FOR ALLOWING ME TO APPEAR BEFORE YOU TODAY. DETERMINING
  • 00:05:43.130 --> 00:05:46.110
  • PRESIDENTIAL AUTHORITY IS A TASK WHICH MUST BE ENGAGED IN WITH
  • 00:05:46.120 --> 00:05:49.250
  • ONLY 1 QUESTION, DOES THE PRESIDENT'S ACTIONS MEET
  • 00:05:49.260 --> 00:05:53.190
  • CONSTITUTIONAL SCRUTINY? IN THIS CASE, THEY DO NOT. IT IS
  • 00:05:53.200 --> 00:05:57.230
  • HUMBLING FOR THIS GRANDSON OF A RUSSIAN IMMIGRANT TO BE BEFORE
  • 00:05:57.240 --> 00:06:02.030
  • THIS COMMITTEE TODAY. MY FATHER IS IN THE AUDIENCE. HIS FATHER,
  • 00:06:02.040 --> 00:06:05.050
  • MY GRANDFATHER, CAME TO THE UNITED STATES IN 1914. IN 1929
  • 00:06:05.060 --> 00:06:12.130
  • HE APPLIED FOR CITIZENSHIP, FILED A PETITION FOR
  • 00:06:12.140 --> 00:06:14.240
  • NATURALIZATION. MY DAUGHTER-IN-LAW FOUND THIS
  • 00:06:14.250 --> 00:06:17.220
  • ONLINE. TWO YEARS LATER UNITED STATES DISTRICT COURT JUDGE IN
  • 00:06:17.230 --> 00:06:21.160
  • BROOKLYN, NY GRANTED SAM SEKULOW HIS STATUS. SHE FOUND THAT ORDER
  • 00:06:21.170 --> 00:06:26.250
  • AS WELL. I BELIEVE IN IMMIGRATION. I'M THE GRANDSON OF
  • 00:06:26.260 --> 00:06:30.260
  • THAT RUSSIAN IMMIGRANT. I GET TO ARGUE CASES BEFORE THE SUPREME
  • 00:06:30.270 --> 00:06:33.050
  • COURT OF THE UNITED STATES AND APPEAR BEFORE THIS COMMITTEE.
  • 00:06:33.060 --> 00:06:35.280
  • IT'S A HUMBLING THING. IMMIGRATION LAW WAS COMPLEX FOR
  • 00:06:35.290 --> 00:06:39.170
  • MY GRANDFATHER IN 1931 AND IT IS STILL COMPLEX TODAY. THE
  • 00:06:39.180 --> 00:06:44.050
  • CONSTITUTION, HOWEVER, IS NOT. OUR SYSTEM OF GOVERNMENT IS
  • 00:06:44.060 --> 00:06:48.150
  • STRAIGHT FORWARD. CONGRESS WRITES THE LAW, THE PRESIDENT
  • 00:06:48.160 --> 00:06:51.060
  • EXECUTES THE LAW, THE JUDICIARY INTERPRETS THE LAW. THIS IS A
  • 00:06:51.070 --> 00:06:54.230
  • SEPARATION OF POWERS MANDATED BY OUR CONSTITUTION. THE PRESIDENT
  • 00:06:54.240 --> 00:06:58.160
  • DOES NOT MAKE THE LAW. NOW WITH DUE RESPECT, SOME OF THE
  • 00:06:58.170 --> 00:07:02.040
  • STATEMENTS THAT HAVE BEEN MADE, THE PRESIDENT HAS STATED THAT HE
  • 00:07:02.050 --> 00:07:05.250
  • CHANGED THE LAW. AND I DON'T BELIEVE THERE IS ANYONE ON THIS
  • 00:07:05.260 --> 00:07:09.150
  • COMMITTEE THAT BELIEVES THE PRESIDENT HAS THE AUTHORITY TO
  • 00:07:09.160 --> 00:07:12.150
  • CHANGE THE LAW. HE WAS BEING HECKLED AT AN EVENT SIMILAR TO
  • 00:07:12.160 --> 00:07:16.060
  • WHAT WE EXPERIENCED TODAY. THERE ARE PASSIONS ON THE SIDES OF THE
  • 00:07:16.070 --> 00:07:18.220
  • ISSUES. I UNDERSTAND. I THINK WE ALL UNDERSTAND THAT. I JOINED
  • 00:07:18.230 --> 00:07:21.070
  • PROFESSOR ROTUNDA AND I BELIEVE IN SIGNIFICANT, COMPLETE
  • 00:07:21.080 --> 00:07:24.190
  • IMMIGRATION REFORM. I BELIEVE IN A PATHWAY TO CITIZENSHIP. BUT I
  • 00:07:24.200 --> 00:07:27.040
  • BELIEVE TO DO THAT THROUGH THE LEGAL PROCESS SET FORTH IN THE
  • 00:07:27.050 --> 00:07:30.260
  • CONSTITUTION. AND THE PRESIDENT DOESN'T GET TO CHANGE THE LAW.
  • 00:07:30.270 --> 00:07:34.210
  • HE ACTUALLY SAID THAT THOUGH; THAT HE CHANGED THE LAW. THAT
  • 00:07:34.220 --> 00:07:37.130
  • WAS HOW HE HANDLED THE QUESTION THAT WAS ASKED. HE CHANGED THE
  • 00:07:37.140 --> 00:07:41.160
  • LAW. PRESIDENTS CANNOT CHANGE THE LAW. HE CAN'T DO SO
  • 00:07:41.170 --> 00:07:46.030
  • CONSTITUTIONALLY. HE CANNOT DO UNDER SUPREME COURT PRECEDENCE.
  • 00:07:46.040 --> 00:07:48.270
  • HE CAN'T CHANGE THE LAW TO COMPORT WITH HIS PREFERRED
  • 00:07:48.280 --> 00:07:51.190
  • PUBLIC POLICY, MUCH OF WHICH I SHARE. THE PRESIDENT'S EXECUTIVE
  • 00:07:51.200 --> 00:07:56.260
  • ACTION REALLY DISRUPTS THE DELICATE BALANCE OF SEPARATION
  • 00:07:56.270 --> 00:07:59.070
  • OF POWERS. THAT IS THE HALLMARK OF OUR CONSTITUTIONAL FRAMEWORK.
  • 00:07:59.080 --> 00:08:04.050
  • JUSTICE FRANFURTER STATED THAT WHEN REGARDING IMMIGRATION AND
  • 00:08:04.060 --> 00:08:07.180
  • IMMIGRATION ISSUES, TALKING ABOUT IT BEING THE EXCLUSIVE
  • 00:08:07.190 --> 00:08:10.030
  • POWER OF CONGRESS, THAT THE FORMULATION OF THESE POLICIES IS
  • 00:08:10.040 --> 00:08:13.220
  • ENTRUSTED EXCLUSIVELY TO CONGRESS. NOW 5 AND 5 DOES NOT
  • 00:08:13.230 --> 00:08:18.240
  • EQUAL 15 NO MATTER HOW MANY TIMES YOU SAY IT. AND WHEN 5 AND
  • 00:08:18.250 --> 00:08:22.170
  • 5 THEN EQUALS 10, WHICH IS CORRECT, THAT PAST
  • 00:08:22.180 --> 00:08:26.130
  • CONSTITUTIONAL WRONG IS NOT WHAT MADE THAT CORRECT. SO THIS
  • 00:08:26.140 --> 00:08:29.270
  • RELIANCE THAT WE'VE SEEN ON SOME THAT PRESIDENT REAGAN AND
  • 00:08:29.280 --> 00:08:32.270
  • PRESIDENT BUSH AND EVEN PRESIDENT EISENHOWER MADE OR
  • 00:08:32.280 --> 00:08:35.260
  • ISSUED EXECUTIVE ACTION OR EXECUTIVE ORDERS, WHICH IN SOME
  • 00:08:35.270 --> 00:08:40.000
  • CASES MAY BE CLEARLY DISTINGUISHABLE BECAUSE THEY
  • 00:08:40.010 --> 00:08:42.140
  • THEN SET FORTH A NEW CLASS, BUT EVEN IF THEY WERE NOT
  • 00:08:42.150 --> 00:08:45.170
  • DISTINGUISHABLE, PAST CONSTITUTIONAL ACTS DO NOT GET
  • 00:08:45.180 --> 00:08:49.230
  • BETTER WITH TIME. THEY ARE STILL JUST THAT UNCONSTITUTIONAL
  • 00:08:49.240 --> 00:08:54.020
  • ACTIONS. PRESIDENT OBAMA ALSO MISPLACES HIS RELIANCE ON THE
  • 00:08:54.030 --> 00:08:57.170
  • AUTHORITY GENERALLY GRANTED TO THE SECRETARY OF HOMELAND
  • 00:08:57.180 --> 00:09:01.010
  • SECURITY. IT'S VERY DIFFERENT TO UTILIZE YOUR RESOURCES TO
  • 00:09:01.020 --> 00:09:05.260
  • DETERMINE THE STATUS OF YOUR PROSECUTORIAL MANDATES AND HOW
  • 00:09:05.270 --> 00:09:11.080
  • ARE YOU GOING TO USE YOUR LIMITED RESOURCES. THE CONDITION
  • 00:09:11.090 --> 00:09:14.160
  • OF ENTRY, THOUGH, OF CLASSES OF ALIENS AND HAVING THAT DENIED OR
  • 00:09:14.170 --> 00:09:17.230
  • GRANTED, AND CREATING A CLASS, A NEW CLASS, IS NOT WHAT THE
  • 00:09:17.240 --> 00:09:22.290
  • PRESIDENT HAS THE AUTHORITY TO DO. AS SYMPATHETIC AS IT MIGHT
  • 00:09:23.000 --> 00:09:25.080
  • BE TO THE PLIGHT OF PEOPLE INVOLVED, HE SIMPLY DOESN'T HAVE
  • 00:09:25.090 --> 00:09:27.290
  • THAT CONSTITUTIONAL AUTHORITY. AND I THINK WITH ALL THE EMOTION
  • 00:09:28.000 --> 00:09:30.230
  • WE'VE EVEN SEEN TODAY, YOU HAVE TO PUT THAT ASIDE. THE QUESTION
  • 00:09:30.240 --> 00:09:33.250
  • IS, IT COMES BACK TO THE SAME QUESTION, DOES THE PRESIDENT
  • 00:09:33.260 --> 00:09:36.220
  • HAVE THE AUTHORITY? AND BY THE WAY, IF YOU LOOK AT THE OLC
  • 00:09:36.230 --> 00:09:39.200
  • MEMO, AND COMPARE IT TO WHAT THE PRESIDENT SAID THE DEAL WAS,
  • 00:09:39.210 --> 00:09:42.180
  • QUOTING THE PRESIDENT'S WORD OF WHAT THE DEAL IS, I ASKED MY
  • 00:09:42.190 --> 00:09:45.090
  • COLLEAGUE FROM THE IMMIGRATION LAW CENTER IF SHE WOULD
  • 00:09:45.100 --> 00:09:47.260
  • RECOMMEND HER CLIENTS ACCEPT THE DEAL. BECAUSE THE DEAL THE
  • 00:09:47.270 --> 00:09:50.170
  • PRESIDENT TALKED ABOUT DID NOT TALK ABOUT UNFETTERED DISCRETION
  • 00:09:50.180 --> 00:09:53.240
  • WITH THE AGENCY THAT COULD BE TERMINATED AT ANY TIME WITH CASE
  • 00:09:53.250 --> 00:09:58.060
  • BY CASE DETERMINATION. THAT'S NOT THE DEAL THE PRESIDENT
  • 00:09:58.070 --> 00:10:00.280
  • TALKED ABOUT. THAT'S NOT THE DEAL THE PRESIDENT PUT IN PLACE.
  • 00:10:00.290 --> 00:10:04.000
  • AND I WOULD NOT RECOMMEND MY CLIENT TO ACCEPT THE DEAL THAT
  • 00:10:04.010 --> 00:10:06.250
  • THE PRESIDENT HAS ACTUALLY OFFERED, WHICH IS VERY DIFFERENT
  • 00:10:06.260 --> 00:10:09.030
  • THAN THE DEAL OUTLINED IN THE OLC MEMORANDUM. I WOULD ASK THAT
  • 00:10:09.040 --> 00:10:13.070
  • TO MY COLLEAGUE BECAUSE STANDARDLESS ABSOLUTE
  • 00:10:13.080 --> 00:10:16.130
  • DISCRETIONARY REVIEW BY GOVERNMENT AGENCIES HAS BEEN
  • 00:10:16.140 --> 00:10:19.260
  • SOMETHING I'VE BEEN DEALING WITH FOR 30 YEARS AT THE SUPREME
  • 00:10:19.270 --> 00:10:22.160
  • COURT OF THE UNITED STATES. AND IT GENERALLY DOES NOT GO VERY
  • 00:10:22.170 --> 00:10:25.230
  • WELL FOR THE AGENCY. OLE SAID IT WAS REQUIRED, THOUGH, FOR THE
  • 00:10:25.240 --> 00:10:29.220
  • PRESIDENT'S ACTIONS TO BE DEEMED CONSTITUTIONAL. AS I SAID, I
  • 00:10:29.230 --> 00:10:33.100
  • WOULD NOT RECOMMEND MY CLIENT TO TAKE THE DEAL. IN CONCLUSION, IN
  • 00:10:33.110 --> 00:10:36.030
  • OUR VIEW, PRESIDENT OBAMA'S ACTIONS ARE UNCONSTITUTIONAL.
  • 00:10:36.040 --> 00:10:38.290
  • PRESIDENT OBAMA'S ACTIONS ARE UNLAWFUL. PRESIDENT OBAMA'S
  • 00:10:39.000 --> 00:10:42.130
  • ACTIONS VIOLATE THE SEPARATION OF POWERS. AND IN CONCLUSION,
  • 00:10:42.140 --> 00:10:45.280
  • EVEN WITH SYMPATHY TO THE CAUSE OF IMMIGRATION REFORM, IMPATIENT
  • 00:10:45.290 --> 00:10:49.210
  • PRESIDENT'S MAY NOT VIOLATE THE CONSTITUTION IF THEY DON'T GET
  • 00:10:49.220 --> 00:10:52.230
  • THEIR WAY. THANK YOU MR. CHAIRMAN. SO THIS IS, THAN,
  • 00:10:52.240 --> 00:10:55.250
  • REALLY A CONSTITUTIONAL SHOWDOWN. -OH, ABSOLUTELY. -I
  • 00:10:55.260 --> 00:10:59.150
  • MEAN, IT REALLY IS. -AND PEOPLE NEED TO THINK ABOUT HOW
  • 00:10:59.160 --> 00:11:02.140
  • STRATEGIC THIS WHOLE PROCESS HAS BEEN. I MEAN, WHEN A SEPARATION
  • 00:11:02.150 --> 00:11:05.020
  • OF POWERS PRINCIPLE IS VIOLATED, THE OFFENDED BRANCH HAS TO STAND
  • 00:11:05.030 --> 00:11:08.020
  • UP AND FIGHT BACK. THAT IS WHAT YOU AND CHAIRMAN GOODLATTE WERE
  • 00:11:08.030 --> 00:11:11.000
  • DOING AT THAT HEARING. AND THEN, JAY, IT HAS TO CARRY FORWARD AND
  • 00:11:11.010 --> 00:11:14.070
  • ENGAGE THE FIGHT IN THE COURTS. YOU CAN DO IT AT NO HIGHER LEVEL
  • 00:11:14.080 --> 00:11:17.220
  • THAN AT THE SUPREME COURT OF THE UNITED STATES. AND THE OUTCOME
  • 00:11:17.230 --> 00:11:19.260
  • OF THIS CASE IS GOING TO HAVE SWEEPING RAMIFICATIONS BUT IT
  • 00:11:19.270 --> 00:11:23.120
  • DATES ALL THE WAY BACK TO ENGAGING AT THAT VERY FIRST
  • 00:11:23.130 --> 00:11:26.190
  • HEARING AND THEN CARRYING IT THROUGH THE PROCESS. -DECEMBER
  • 00:11:26.200 --> 00:11:29.020
  • 2, 2014 PRESIDENT OBAMA'S EXECUTIVE OVERREACH ON
  • 00:11:29.030 --> 00:11:33.100
  • IMMIGRATION. THERE YOU GO. THE PRESIDENT SAID HE CHANGED THE
  • 00:11:33.110 --> 00:11:37.140
  • LAW. DO WE HAVE THAT BITE UP? HERE'S WHAT THE PRESIDENT OF THE
  • 00:11:37.150 --> 00:11:39.250
  • UNITED STATES SAID, REMEMBER HE SAID HE COULDN'T CHANGE THE LAW,
  • 00:11:39.260 --> 00:11:43.090
  • HE'S NOT A KING, THEN HE SAID THIS: PRESIDENT BARAK OBAMA:
  • 00:11:43.100 --> 00:11:45.180
  • YOU'RE ABSOLUTELY RIGHT THAT THERE HAVE BEEN SIGNIFICANT
  • 00:11:45.190 --> 00:11:48.090
  • NUMBERS OF DEPORTATIONS. THAT'S TRUE. BUT WHAT YOU'RE NOT PAYING
  • 00:11:48.100 --> 00:11:53.190
  • ATTENTION TO IS THE FACT THAT I JUST TOOK AN ACTION TO CHANGE
  • 00:11:53.200 --> 00:11:58.110
  • THE LAW. -THE PRESIDENT DOESN'T GET TO CHANGE THE LAW. I SAID
  • 00:11:58.120 --> 00:12:03.090
  • IMPATIENT PRESIDENT'S DON'T GET TO CHANGE THE LAW ON THEIR OWN.
  • 00:12:03.100 --> 00:12:06.080
  • THEY'VE GOT TO WORK THROUGH THE LEGISLATIVE PROCESS. THAT'S THE
  • 00:12:06.090 --> 00:12:08.030
  • WAY, THAT'S OUR CONSTITUTIONAL REPUBLIC. THAT'S SEPARATION OF
  • 00:12:08.040 --> 00:12:10.140
  • POWERS. SO THE REALITY IS, THIS IS ONE OF THOSE SITUATIONS WHERE
  • 00:12:10.150 --> 00:12:13.240
  • WE GO TO THE SUPREME COURT OF THE UNITED STATES. I WANT YOU TO
  • 00:12:13.250 --> 00:12:16.110
  • GO WITH US. YOU COULD GO WITH US TO THE SUPREME COURT OF THE
  • 00:12:16.120 --> 00:12:19.010
  • UNITED STATES BY SIGNING ON TO THIS BRIEF. A TON OF COMMENTS
  • 00:12:19.020 --> 00:12:21.190
  • COMING IN AS WELL. LOGAN SEKULOW: THAT'S RIGHT. WE JUST
  • 00:12:21.200 --> 00:12:23.160
  • HAD A COMMENT FROM KAY ON FACEBOOK. SHE SAID, DO YOU THINK
  • 00:12:23.170 --> 00:12:25.160
  • THERE HAS BEEN TOO MUCH POWER THAT HAS BEEN SHIFTED TO THE
  • 00:12:25.170 --> 00:12:27.050
  • PRESIDENCY AND THE SUPREME COURT? SHOULD CONGRESS HAVE AS
  • 00:12:27.060 --> 00:12:29.080
  • MUCH OF A ROLE AS THEY WERE GIVEN IN THE CONSTITUTION? -SO
  • 00:12:29.090 --> 00:12:32.150
  • THERE IS THIS QUESTION, WHAT'S CALLED THE UNITARY EXECUTIVE,
  • 00:12:32.160 --> 00:12:35.020
  • THIS UNIFIED EXECUTIVE, A LOT OF EXECUTIVE AUTHORITY. I THINK,
  • 00:12:35.030 --> 00:12:38.080
  • LOOK, THE BALANCE HAS TO BE STRUCK HERE WITH WHAT OUR
  • 00:12:38.090 --> 00:12:41.020
  • FRAMEWORK OF THE CONSTITUTION HAS DECIDED, WHICH WAS THERE ARE
  • 00:12:41.030 --> 00:12:43.170
  • 3 CO-EQUAL BRANCHES OF GOVERNMENT. I TALK ABOUT THIS,
  • 00:12:43.180 --> 00:12:47.140
  • BY THE WAY, THIS IS EXACTLY WHY WE WROTE OUR BOOK
  • 00:12:47.150 --> 00:12:49.150
  • "UNDEMOCRATIC". THIS IS EXACTLY WHY WE WROTE THE BOOK
  • 00:12:49.160 --> 00:12:53.060
  • "UNDEMOCRATIC" BECAUSE OF THIS ISSUE. THIS IS THE REASON WHY
  • 00:12:53.070 --> 00:12:57.270
  • YOU FIGHT BACK. BUT I THINK THE WAY TO GET IT BACK IN SHAPE IS
  • 00:12:57.280 --> 00:13:00.100
  • WE'VE WON THESE AT THE SUPREME COURT BEFORE, LOGAN, RECENTLY
  • 00:13:00.110 --> 00:13:03.220
  • AGAINST THIS PRESIDENT, I THINK, WE WIN THIS ONE. AGAIN, IT'S
  • 00:13:03.230 --> 00:13:06.200
  • GOING TO BE A HARD FIGHT BUT WE ARE GOING TO FIGHT BACK ON THIS
  • 00:13:06.210 --> 00:13:10.110
  • ISSUE AT THE SUPREME COURT OF THE UNITED STATES. -YEAH, A LOT
  • 00:13:10.120 --> 00:13:12.190
  • OF PRAYERS AND SUPPORT COMING IN FROM PEOPLE. WE GOT THIS FROM
  • 00:13:12.200 --> 00:13:15.110
  • ELANA ON FACEBOOK, GOD BLESS THE ACLJ AND THE SEKULOW TEAM. GOD
  • 00:13:15.120 --> 00:13:19.170
  • WATCH OVER THEM. WE HAVE A LOT OF PEOPLE WHO ARE ECSTATIC ABOUT
  • 00:13:19.180 --> 00:13:22.160
  • THIS. AND OBVIOUSLY THE SUCCESS OF OTHER ISSUES THIS WEEK. SO A
  • 00:13:22.170 --> 00:13:26.060
  • LOT OF GOOD WILL RIGHT NOW AMONGST OUR AUDIENCE WHICH IS
  • 00:13:26.070 --> 00:13:29.070
  • NOT NECESSARILY THE CASE. THERE ARE USUALLY A LOT OF PEOPLE THAT
  • 00:13:29.080 --> 00:13:31.030
  • ARE VERY FRUSTRATED, TODAY IS A NICE DAY FOR PEOPLE TO FEEL
  • 00:13:31.040 --> 00:13:33.180
  • THERE'S SUCCESS. -THAN, AGAIN, AS WE'VE SAID, NO MATTER WHAT
  • 00:13:33.190 --> 00:13:36.210
  • YOUR POSITION IS ON IMMIGRATION REFORM, AND I BELIEVE WE NEED
  • 00:13:36.220 --> 00:13:40.140
  • REFORM, I START WITH BORDERS, THOUGH, I DON'T EVER BUDGE ON
  • 00:13:40.150 --> 00:13:44.130
  • THAT. YOU START WITH BORDERS. BUT THE REALITY IS THIS IS WAY
  • 00:13:44.140 --> 00:13:47.100
  • BEYOND THAT. -IT'S WAY BEYOND THAT. IT'S ABOUT WHO HAS THE
  • 00:13:47.110 --> 00:13:50.160
  • AUTHORITY TO WRITE THE LAW, JAY. THE PRESIDENT USED THE EXCUSE
  • 00:13:50.170 --> 00:13:53.280
  • THAT CONGRESS HASN'T ACTED. WELL, GUESS WHAT? ARTICLE 1 SAYS
  • 00:13:53.290 --> 00:13:56.090
  • CONGRESS CAN ACT, OR THEY DON'T HAVE TO ACT. IN THIS CASE DIDN'T
  • 00:13:56.100 --> 00:14:00.070
  • ACT. I THINK THEY WOULD HAVE, JAY, HAD THE PRESIDENT GIVEN
  • 00:14:00.080 --> 00:14:03.060
  • THEM A BIT MORE TIME. BUT THE QUESTION HERE IS WHO HAS THE
  • 00:14:03.070 --> 00:14:05.280
  • AUTHORITY TO ACT AND THE ANSWER IS VERY CLEAR IN THIS CASE, IT'S
  • 00:14:05.290 --> 00:14:08.270
  • CONGRESS. -THE PRESIDENT SAID HE WASN'T A KING. TAKE A LISTEN
  • 00:14:08.280 --> 00:14:11.220
  • TO THIS. PRESIDENT BARAK OBAMA: ULTIMATELY I'M ONE MAN. WE LIVE
  • 00:14:11.230 --> 00:14:14.280
  • IN A DEMOCRACY. WE DON'T LIVE IN A MONARCHY. I'M NOT THE KING.
  • 00:14:14.290 --> 00:14:19.240
  • I'M THE PRESIDENT AND SO I CAN ONLY IMPLEMENT THOSE LAWS THAT
  • 00:14:19.250 --> 00:14:24.240
  • ARE PASSED THROUGH CONGRESS. -YEAH, SO HERE'S THE GOOD NEWS,
  • 00:14:24.250 --> 00:14:28.090
  • WE'RE GOING TO REMIND THE SUPREME COURT WHAT THE PRESIDENT
  • 00:14:28.100 --> 00:14:30.040
  • OF THE UNITED STATES JUST SAID. ALRIGHT, LET'S TAKE ANOTHER CALL
  • 00:14:30.050 --> 00:14:32.130
  • OR COMMENT. -ALRIGHT, SEAN'S CALLING FROM AZTEC, NM. YOU'RE
  • 00:14:32.140 --> 00:14:35.030
  • ON THE AIR. -HEY, SEAN. -HELLO, JAY. -HEY. -I'VE GOT
  • 00:14:35.040 --> 00:14:38.140
  • A QUESTION. WITH PRESIDENT OBAMA, WOULD IT BE POSSIBLE, I'M
  • 00:14:38.150 --> 00:14:46.180
  • NOT UNDERSTANDING WHY HE'S SO AUDACIOUS AND WHY WE CAN'T STOP
  • 00:14:46.190 --> 00:14:50.050
  • HIM. I MEAN, IT WOULD SEEM THAT HE GETS AWAY WITH EVERYTHING.
  • 00:14:50.060 --> 00:14:56.000
  • -BUT HE DOESN'T. LOOK, WE'VE CHECKED HIM ON A NUMBER OF THESE
  • 00:14:56.010 --> 00:14:59.100
  • AND WE'VE WON. BUT HE'S IN THE LAST MOMENTS OF THE LAST TIME OF
  • 00:14:59.110 --> 00:15:02.080
  • HIS, I MEAN, JUST A VERY LAST PART OF HIS PRESIDENCY SO YOU
  • 00:15:02.090 --> 00:15:07.090
  • BETTER, SEAN, LIKE WE'VE BEEN SAYING, THAN, PEOPLE BETTER
  • 00:15:07.100 --> 00:15:11.070
  • BUCKLE THEIR SEAT BELTS, THERE IS GOING TO BE A LOT OF LEGAL
  • 00:15:11.080 --> 00:15:13.080
  • ACTIVITY FOR THE ACLJ AND A LOT OF CONGRESSIONAL ACTIVITY FOR
  • 00:15:13.090 --> 00:15:15.190
  • YOU AND OUR GOVERNMENT AFFAIRS OFFICE. THIS IS GOING TO THE
  • 00:15:15.200 --> 00:15:18.070
  • PRESIDENT TRYING TO GET THE REST OF HIS AGENDA THROUGH ANY WAY HE
  • 00:15:18.080 --> 00:15:20.250
  • CAN. HE'S RUNNING OUT OF TIME. -YEAH, THERE'S GOING TO BE A
  • 00:15:20.260 --> 00:15:24.060
  • LOT MORE OF THIS, JAY. HE DOESN'T HAVE TO GO BACK TO THE
  • 00:15:24.070 --> 00:15:25.270
  • VOTERS SO HE'LL TRY TO DO AS MUCH OF THIS AS HE CAN IN HIS
  • 00:15:25.280 --> 00:15:27.250
  • FINAL YEAR. BUT LISTEN, WE CAN STOP HIM. WE HAVE STOPPED HIM.
  • 00:15:27.260 --> 00:15:32.010
  • WE WILL STOP HIM AGAIN. THERE WILL BE OTHER OPPORTUNITIES. WE
  • 00:15:32.020 --> 00:15:34.030
  • CAN'T IDENTIFY ALL OF THEM RIGHT NOW. -RIGHT. -BUT LET'S NOT
  • 00:15:34.040 --> 00:15:36.110
  • GIVE IN. WE CAN STOP HIM. -SIGNING A BRIEF TO THE SUPREME
  • 00:15:36.120 --> 00:15:39.290
  • COURT OF THE UNITED STATES ON THE PRESIDENT'S OVERREACH ON
  • 00:15:40.000 --> 00:15:42.120
  • IMMIGRATION. BACK WITH MORE IN A MOMENT.
  • 00:15:42.130 --> 00:15:44.200
  • [MUSIC]
  • 00:15:44.210 --> 00:15:53.160
  • JAY SEKULOW: THE BRIEF IS
  • 00:15:53.170 --> 00:15:54.230
  • PROBABLY GOING TO BE DUE IN ABOUT A MONTH. MAYBE A LITTLE
  • 00:15:54.240 --> 00:15:56.030
  • BIT LONGER, MAY HAVE UNTIL THE FIRST WEEK OF MARCH. SO OUR
  • 00:15:56.040 --> 00:15:58.030
  • TEAM'S WORKING ON IT ALREADY. WE'VE GOT IT PRETTY WELL
  • 00:15:58.040 --> 00:16:01.030
  • OUTLINED BECAUSE WE WERE OBVIOUSLY WORKING ON THIS THE
  • 00:16:01.040 --> 00:16:03.220
  • WHOLE TIME. THIS IS A HUGE CASE. RAMIFICATIONS FOR THE PRESIDENT
  • 00:16:03.230 --> 00:16:06.030
  • ARE HUGE TOO. THIS WILL BE THE SIGNATURE DECISION OF THE TERM
  • 00:16:06.040 --> 00:16:10.020
  • ON PRESIDENTIAL AUTHORITY. AND WE'VE GOT 2 THAT ARE BIG. YOU'VE
  • 00:16:10.030 --> 00:16:12.280
  • GOT THE LITTLE SISTERS OF THE POOR AND YOU'VE GOT THIS, BOTH
  • 00:16:12.290 --> 00:16:15.080
  • SITUATIONS WHERE THE PRESIDENT, IN OUR VIEW, OVERSTEPPED
  • 00:16:15.090 --> 00:16:17.290
  • CONSTITUTIONAL BOUNDS. SO THESE ARE BIG, BIG CASES WITH REALLY
  • 00:16:18.000 --> 00:16:21.180
  • BIG RAMIFICATIONS. LET'S TAKE SOME MORE CALLS AND COMMENTS,
  • 00:16:21.190 --> 00:16:23.250
  • LOGAN. -YEAH, LET'S GO BACK TO THE PHONES. LET'S GO TO RICH
  • 00:16:23.260 --> 00:16:25.180
  • WHO'S CALLING FROM REDMAN, WA WITH AN INTERESTING QUESTION.
  • 00:16:25.190 --> 00:16:30.000
  • RICH, YOU'RE ON THE AIR. -HELLO, FIRST A QUICK COMMENT.
  • 00:16:30.010 --> 00:16:32.040
  • THANK YOU SO MUCH. A HUMONGOUS THANK YOU FOR GETTING PASTOR
  • 00:16:32.050 --> 00:16:35.140
  • SAEED AND THE OTHERS OUT. ABSOLUTELY WONDERFUL. AND THEN
  • 00:16:35.150 --> 00:16:38.090
  • THE QUESTION IS IN REGARDS TO SOTOMAYOR AND KAGAN, ISN'T THERE
  • 00:16:38.100 --> 00:16:43.200
  • SOME SORT OF RESPONSIBILITY OR OBLIGATION OR RULE THAT THEY
  • 00:16:43.210 --> 00:16:48.040
  • OUGHT TO RECUSE THEMSELVES SINCE THEY WERE APPOINTED BY OBAMA?
  • 00:16:48.050 --> 00:16:51.010
  • -NO, I MEAN, YES. THE RECUSAL ISSUE, THERE'S ALWAYS A RECUSAL
  • 00:16:51.020 --> 00:16:54.290
  • ISSUE IN A CASE WHEN YOU'VE GOT FORMER GOVERNMENT OFFICIALS. SO
  • 00:16:55.000 --> 00:16:57.170
  • NOT SO MUCH FOR SOTOMAYOR BECAUSE SHE WAS NOT, LIKE, IN
  • 00:16:57.180 --> 00:17:00.110
  • THE DEPARTMENT OF JUSTICE. BUT FOR ELENA KAGAN, BECAUSE OF HER
  • 00:17:00.120 --> 00:17:03.210
  • ROLE INSIDE THE ADMINISTRATION, SHE WOULD HAVE TO REVIEW THE
  • 00:17:03.220 --> 00:17:07.010
  • SITUATION TO SEE IF SHE WORKED ON THIS IN ANY CAPACITY BEFORE.
  • 00:17:07.020 --> 00:17:12.080
  • AND IF SHE DID, SHE'D HAVE TO WITHDRAW. I MEAN, SHE WOULD HAVE
  • 00:17:12.090 --> 00:17:14.180
  • TO RECUSE HERSELF. SO THAT'S A DECISION THE JUSTICE'S MAKE.
  • 00:17:14.190 --> 00:17:17.110
  • IT'S A GOOD QUESTION, RICH. THAN, WE GOT INVOLVED IN THIS,
  • 00:17:17.120 --> 00:17:20.160
  • AND I THINK THIS IS IMPORTANT, IT'S ALMOST PARALLEL TO HOW
  • 00:17:20.170 --> 00:17:23.200
  • THESE OTHER SITUATIONS, WHETHER IT IS SAEED ABEDINI OR WHATEVER,
  • 00:17:23.210 --> 00:17:27.060
  • WE GET INVOLVED IN THESE CASES AT THE OUTSET WHEN THERE'S
  • 00:17:27.070 --> 00:17:30.150
  • HARDLY ATTENTION BEING PAID. I MEAN, WHETHER IT'S A
  • 00:17:30.160 --> 00:17:33.030
  • SUBCOMMITTEE HEARING OR A COMMITTEE HEARING AND CAN KIND
  • 00:17:33.040 --> 00:17:35.080
  • OF SHAPE THE DEBATE. WALK OUR AUDIENCE THROUGH WHAT THEIR
  • 00:17:35.090 --> 00:17:38.150
  • SUPPORT IS DOING FOR THE ACLJ, ALLOWING US TO GET TO THIS
  • 00:17:38.160 --> 00:17:40.160
  • MOMENT ON THE SUPREME COURT CASE. -YOU'VE GOT TO ENGAGE
  • 00:17:40.170 --> 00:17:43.040
  • THESE AT A GROUND LEVEL JAY, BECAUSE THEN IT ALLOWS YOU TO
  • 00:17:43.050 --> 00:17:45.190
  • FRAME THE ARGUMENT IN THE WAY IT SHOULD BE FRAMED. I MEAN, THINK
  • 00:17:45.200 --> 00:17:48.060
  • ABOUT THIS ISSUE. THERE IS SO MUCH HOSTILITY IN MANY WAYS
  • 00:17:48.070 --> 00:17:51.080
  • AROUND THE IMMIGRATION DEBATE. PEOPLE IN BOTH PARTIES ON ALL
  • 00:17:51.090 --> 00:17:54.120
  • DIFFERENT LEVELS OF THAT DEBATE. BUT WE KNEW FROM THE VERY OUTSET
  • 00:17:54.130 --> 00:17:58.130
  • WHEN THIS RULING HAPPENED THAT THAT IS NOT WHERE THIS CASE
  • 00:17:58.140 --> 00:18:01.140
  • WOULD COME DOWN TO. IT WOULD COME DOWN TO A QUESTION OF
  • 00:18:01.150 --> 00:18:04.010
  • SEPARATION OF POWERS. AND THAT WAS AN ANGLE THAT WE COULD UNITE
  • 00:18:04.020 --> 00:18:07.080
  • A VERY LARGE MAJORITY OF THE LEGISLATIVE BRANCH AROUND. SO
  • 00:18:07.090 --> 00:18:10.200
  • WHEN CHAIRMAN GOODLATTE CAME TO US AND SAID I WANT TO DO A
  • 00:18:10.210 --> 00:18:13.030
  • HEARING TALKING PURELY ABOUT THE CONSTITUTIONALITY OF THIS
  • 00:18:13.040 --> 00:18:16.020
  • EXECUTIVE ACTION, THAT WAS A PERFECT ANGLE. WE ENGAGED. AND
  • 00:18:16.030 --> 00:18:19.290
  • JAY, QUITE FRANKLY, THAT'S WHY THERE ARE 113 MEMBERS OF
  • 00:18:20.000 --> 00:18:22.280
  • CONGRESS WITH US BECAUSE WE HAVEN'T ENGAGED THE POLICY ISSUE
  • 00:18:22.290 --> 00:18:26.070
  • PER SE; WE'VE ENGAGED THE CONSTITUTIONAL ISSUE. -RIGHT.
  • 00:18:26.080 --> 00:18:29.160
  • -AND AT THE END OF THE DAY WE'RE GOING TO WIN THAT ONE.
  • 00:18:29.170 --> 00:18:31.070
  • -LOGAN, WHO'S NEXT? -A LOT OF PEOPLE ARE COMING IN TO SAYING
  • 00:18:31.080 --> 00:18:32.270
  • THEY SIGNED THE PETITION. -THAT'S GREAT. -OR SIGNED THE
  • 00:18:32.280 --> 00:18:34.180
  • BRIEF AND ARE EXCITED TO BE A PART OF SUCH AN AMAZING THING.
  • 00:18:34.190 --> 00:18:37.200
  • LET'S GO TO THE PHONES. LET'S GO TO SHERRY WHO'S CALLING FROM
  • 00:18:37.210 --> 00:18:40.010
  • MISSOULA, MONTANA ON LINE ONE. SHERRY, WELCOME TO JAY SEKULOW
  • 00:18:40.020 --> 00:18:42.260
  • LIVE. YOU'RE ON THE AIR. -HEY, SHERRY. -HI, THANKS FOR GIVING
  • 00:18:42.270 --> 00:18:46.250
  • CREDIT TO GOD. BUT MY QUESTION IS, IS THERE ANY WAY HE COULD
  • 00:18:46.260 --> 00:18:50.050
  • REVERSE THE SUPREME COURT DECISION? -NO. NO HE CANNOT. SO
  • 00:18:50.060 --> 00:18:56.000
  • HERE'S WHAT HAPPENS. THE SUPREME COURT IS THE FINAL AUTHORITY ON
  • 00:18:56.010 --> 00:18:59.020
  • WHAT IS CONSTITUTIONAL OR NOT. AND THAT MEANS THAT WHEN THE
  • 00:18:59.030 --> 00:19:02.120
  • DECISION COMES OUT, THE PRESIDENT IS OBLIGATED AS UNDER
  • 00:19:02.130 --> 00:19:04.120
  • OUR FRAMEWORK OF THE CONSTITUTION, UNDER THE
  • 00:19:04.130 --> 00:19:07.070
  • SEPARATION OF POWERS, TO ABIDE BY THE SUPREME COURT'S RULING.
  • 00:19:07.080 --> 00:19:10.070
  • THUS IF THE SUPREME COURT SAYS THAT THE PRESIDENT OVERSTEPPED
  • 00:19:10.080 --> 00:19:13.090
  • HIS CONSTITUTIONAL AUTHORITY, WHICH IS WHAT OUR ARGUMENT IS
  • 00:19:13.100 --> 00:19:15.190
  • GOING TO BE, THAT HE VIOLATED THE TAKE CARE CLAUSE, WHICH IS
  • 00:19:15.200 --> 00:19:17.290
  • TAKE CARE OF THE LAWS FAITHFULLY EXECUTED, THAT, IN FACT, WILL BE
  • 00:19:18.000 --> 00:19:20.100
  • THE END OF THE CASE. AND THAT ORDER OF THE PRESIDENT STOPS. SO
  • 00:19:20.110 --> 00:19:24.190
  • THE RAMIFICATIONS OF THIS, AND I'M GLAD YOU CALLED IN, SHERRY,
  • 00:19:24.200 --> 00:19:27.190
  • ARE HUGE. I MEAN, THE RAMIFICATIONS ARE GIGANTIC. I
  • 00:19:27.200 --> 00:19:30.280
  • THINK IT'S THE BIGGEST CASE OF THE TERM. CERTAINLY THIS AND THE
  • 00:19:30.290 --> 00:19:32.290
  • LITTLE SISTERS OF THE POOR. NOW I WANT YOU TO UNDERSTAND
  • 00:19:33.000 --> 00:19:35.050
  • SOMETHING, EVERYBODY THAT'S LISTENING, WE'RE WORKING ON THAT
  • 00:19:35.060 --> 00:19:37.060
  • BRIEF. WE TESTIFIED AT THE JUDICIARY COMMITTEE ON THIS KIND
  • 00:19:37.070 --> 00:19:39.250
  • OF LAYING THIS WHOLE CASE OUT. AND THEN WE WENT TO COURT ON IT.
  • 00:19:39.260 --> 00:19:44.220
  • AT THE SAME TIME WE'VE GOT THE LITTLE SISTERS OF THE POOR
  • 00:19:44.230 --> 00:19:46.140
  • BRIEFS BEING DONE. I'M ARGUING A CASE AT THE GEORGIA SUPREME
  • 00:19:46.150 --> 00:19:50.240
  • COURT IN FEBRUARY. WE SAW THE RELEASE OF SAEED ABEDINI.
  • 00:19:50.250 --> 00:19:55.040
  • THERE'S A LOT GOING ON. BUT AGAIN, THIS IS A BIG ISSUE. IT'S
  • 00:19:55.050 --> 00:19:58.070
  • BREAKING NEWS. IF YOU'RE JUST JOINING US LATE IN THE BROADCAST
  • 00:19:58.080 --> 00:20:01.050
  • HERE, THE SUPREME COURT IS GOING TO TAKE THAT IMMIGRATION. LET ME
  • 00:20:01.060 --> 00:20:03.280
  • PLAY A COMMENT HERE FROM DARRELL ISSA, CONGRESSMAN FROM
  • 00:20:03.290 --> 00:20:06.260
  • CALIFORNIA WHO'S BEEN VERY MUCH ENGAGED IN THIS ONE. LET ME PLAY
  • 00:20:06.270 --> 00:20:10.130
  • #14: CONGRESSMAN DARRELL ISSA: IF WE ALLOW THIS AUTHORITY TO BE
  • 00:20:10.140 --> 00:20:16.130
  • LEFT UNCHECKED, THE PRESIDENT COULD, AT ANY TIME, PICK ANY
  • 00:20:16.140 --> 00:20:20.200
  • CATEGORY, ANY GROUP OF PEOPLE, AND ALLOW THEM ALL TO STAY HERE
  • 00:20:20.210 --> 00:20:24.240
  • SIMPLY UNDER THE BASIS THAT HE CREATED A LIST OF REQUIREMENTS
  • 00:20:24.250 --> 00:20:29.090
  • THAT IF THEY MET THEM, THEY COULD STAY. -YES, AND UNDER HIS
  • 00:20:29.100 --> 00:20:31.280
  • THEORY, AT ANY TIME HE COULD CHANGE HIS MIND THE NEXT DAY AND
  • 00:20:31.290 --> 00:20:33.290
  • SAY NOW YOU ALL HAVE TO LEAVE. THAT'S THE PROBLEM. YOU ACTUALLY
  • 00:20:34.000 --> 00:20:37.240
  • SAW THE TESTIMONY FROM THAT HEARING. -WE DO HAVE A QUESTION
  • 00:20:37.250 --> 00:20:41.060
  • COMING IN THAT'S KIND OF REGULAR. IS THERE ANY RISK FOR
  • 00:20:41.070 --> 00:20:43.080
  • PEOPLE DOING THE PART OF THE BRIEF? -ZERO. SO WHAT WE DO IS
  • 00:20:43.090 --> 00:20:46.190
  • YOU BECOME, YOU SIGN THE COMMITTEE. THE COMMITTEE
  • 00:20:46.200 --> 00:20:49.150
  • ACTUALLY FILES THE BRIEF. SO YOU'RE NOT INDIVIDUALLY LIABLE,
  • 00:20:49.160 --> 00:20:51.270
  • YOU'RE NOT INDIVIDUALLY LISTED, BUT WE WILL KNOW THAT YOU'RE
  • 00:20:51.280 --> 00:20:56.100
  • PART OF THE COMMITTEE. WE PUT THAT NUMBER IN THE BRIEF; HOW
  • 00:20:56.110 --> 00:20:59.090
  • MANY PEOPLE ARE ON IT, AND FOR THOSE THAT WANT IT, WE CAN SEND
  • 00:20:59.100 --> 00:21:02.160
  • THEM A COPY OF THE BRIEF, ACTUALLY, WHEN IT'S DONE. WE'VE
  • 00:21:02.170 --> 00:21:04.180
  • DONE THAT BEFORE. WE'VE ESSENTIALLY SENT YOU A COPY OF
  • 00:21:04.190 --> 00:21:06.130
  • THE COMMITTEE'S BRIEF. SO WE WANT TO GET AT LEAST 100.000
  • 00:21:06.140 --> 00:21:10.220
  • PEOPLE OR MORE. I'M SURE WE WILL. AGAIN, THERE WILL BE
  • 00:21:10.230 --> 00:21:14.010
  • MULTIPLE WAYS FOR YOU TO ENGAGE. TIME TO GRAB ONE CALL QUICKLY
  • 00:21:14.020 --> 00:21:15.190
  • BEFORE THE END HERE, LOGAN? -POSSIBLY, BUT JUST TO CLARIFY
  • 00:21:15.200 --> 00:21:18.080
  • SOMEONE SAID WHAT DOES SIGNING UP FOR THE COMMITTEE ACTUALLY
  • 00:21:18.090 --> 00:21:20.230
  • MEAN? THAT'S FROM CHERYL. -SO WHEN YOU SIGN THE COMMITTEE AND
  • 00:21:20.240 --> 00:21:22.290
  • THEN THE COMMITTEE ACTUALLY FILES THE BRIEF BEFORE THE
  • 00:21:23.000 --> 00:21:26.080
  • SUPREME COURT OF THE UNITED STATES. SO WHAT YOU WANT IN A
  • 00:21:26.090 --> 00:21:28.030
  • COMMITTEE LIKE THIS, AND THAN CAN ADDRESS THIS TOO, IS YOU
  • 00:21:28.040 --> 00:21:30.130
  • WANT ALL 50 STATES REPRESENTED ON THIS COMMITTEE. I THINK THAT
  • 00:21:30.140 --> 00:21:33.230
  • IS A BIG PART OF WHAT WE NEED TO DO HERE. SO WE SHOW BROAD
  • 00:21:33.240 --> 00:21:36.250
  • SUPPORT. IT ALSO SHOWS THE NUMBER OF PEOPLE THAT ARE
  • 00:21:36.260 --> 00:21:39.150
  • SUPPORTING THIS ISSUE. THAN. -WELL, IT HELPS ON 2 LEVELS
  • 00:21:39.160 --> 00:21:42.270
  • SPECIFICALLY, JAY. I MEAN, 1 THE ONE THAT YOU'VE LAID OUT IT
  • 00:21:42.280 --> 00:21:45.020
  • SHOWS OVERWHELMING GRASS ROOTS SUPPORT BUT I'M HERE TO TELL YOU
  • 00:21:45.030 --> 00:21:47.110
  • IT SPECIFICALLY HELPS ME WHEN I GO TO THESE MEMBERS OF CONGRESS
  • 00:21:47.120 --> 00:21:50.110
  • WHO WE WANT TO ENGAGE FOR ME TO BE ABLE TO SHOW THAT 10'S OF
  • 00:21:50.120 --> 00:21:54.090
  • 1000'S OF THEIR VOTERS, NOT JUST AMERICANS, BUT THEIR VOTERS WANT
  • 00:21:54.100 --> 00:21:57.130
  • THEM TO ENGAGE THIS ISSUE, THAT'S A PART OF THE WAY THAT
  • 00:21:57.140 --> 00:22:00.080
  • WE'RE ABLE TO GET TO 113 MEMBERS. IF WE DIDN'T HAVE OUR
  • 00:22:00.090 --> 00:22:03.100
  • GRASS ROOTS SUPPORT ON THIS, JAY, THEY WOULDN'T TAKE NEARLY
  • 00:22:03.110 --> 00:22:05.280
  • AS MUCH INTEREST IN IT. SO WHAT IT DOES IS 2-FOLD, LOGAN, IT
  • 00:22:05.290 --> 00:22:08.220
  • HELPS US BOTH GET WIDE SUPPORT FROM CONGRESS AND ALSO LETS THE
  • 00:22:08.230 --> 00:22:13.220
  • COURT KNOW THAT PEOPLE FROM ALL OVER THE COUNTRY ARE WORRIED
  • 00:22:13.230 --> 00:22:15.200
  • ABOUT IT. AS WE DO EACH AND EVERY WEEK, WE WANT TO THANK THE
  • 00:22:15.210 --> 00:22:17.260
  • AUDIENCE THAT SUPPORTS THE WORK OF THE TRINITY BROADCASTING
  • 00:22:17.270 --> 00:22:20.200
  • NETWORK AND WE WANT TO THANK THE ENTIRE TBN FAMILY. AND THE
  • 00:22:20.210 --> 00:22:23.230
  • REASON WE WANT TO DO THAT IS WE'RE ABLE TO COME TO YOU EACH
  • 00:22:23.240 --> 00:22:25.240
  • AND EVERY WEEK TO BRING THIS BROADCAST AND WE'RE NOT PAYING
  • 00:22:25.250 --> 00:22:28.110
  • FOR THE AIRTIME. AND THAT ALLOWS US TO DEPLOY MORE LAWYERS AROUND
  • 00:22:28.120 --> 00:22:31.030
  • THE GLOBE TO DEAL WITH THE ISSUES THAT MATTER TO YOU AND
  • 00:22:31.040 --> 00:22:34.010
  • YOUR FAMILY AND TO PROTECT RELIGIOUS FREEDOM, TO PROTECT
  • 00:22:34.020 --> 00:22:36.030
  • THOSE THAT ARE BEING PERSECUTED. SO A HUGE THANK YOU TO TBN. AND
  • 00:22:36.040 --> 00:22:39.230
  • LET ME ENCOURAGE YOU TO SUPPORT THE GREAT WORK OF THE TRINITY
  • 00:22:39.240 --> 00:22:42.120
  • BROADCASTING NETWORK.
  • 00:22:42.130 --> 00:22:43.130