Cities in Chaos as Looting Continues

Jay Sekulow live cities in chaos as looting continues my conflicts case files his response room enables live one line phone lines are open for your questions right now. one 806 843-110-1800 68412 your holes secular folks to get where you are the coach may have been quieter last night and other major cities which have dominated the new cycle because a lot of broadcasts are based there. So whether it's New York, Washington DC or Los Angeles. Obviously, there was still a lot of unrest in cities like Atlanta still still looting still protested became riots or even during the day writers, but of course so much focus was on Washington DC around 6:45 PM Eastern time last night and I wanted to write to Fitbit it was in Washington DC on Capitol Hill and fed by the White House. You had the present United States at the in the Rose Garden address the nation first job George Floyd in this and condemning the actions by the, the, police in Minneapolis. Specifically, that's how we start off in the second telling governors and mayors across the country. This is unacceptable.

These riots in the looting and if you don't do something about it.

I will. And of course that his cause this debate. Yet another debate within the debate of this but it Washington DC it was pretty clear how quickly the these riots could be moved dispersed and contained first modern. I mean, I thought the remark struck about balance perfectly between the need to acknowledge the injustices that have occurred and then also the sober responsibility that the federal government has to secure the communities of America.

I think the President addressed both of those and I think it had an impact last night. I'll tell you here on Capitol Hill. Things are actually a pretty quiet right now.

Now that does changes day turns to night, and people come in and try to co-opt the demonstrations that are taking place that have been largely peaceful in Washington except for the isolated events that you talk about adjournment.

But the interesting thing is the. The comments that the President made really do reflect the reality that I'm seeing in the neighborhoods of Washington DC were people of very different backgrounds are coming together and trying to find a solution and I think that's what the President is aimed at. And quite frankly Jordan, I think both sides of this equation, he's talked about are a part of that. You do have to engage in the dialogue. But the other thing that you have to do Jordan to enable in order to enable that conversation, you have to make sure that the violence is put down to the very communities that are being oppressed aren't victimized by it. That's what the President was trying to do with those remarks.

In my opinion, we sought that dad a lot of confusion by the commentators of the media who rushed immediately to be on TV you don't start making comments condemning the President on this without any knowledge of the insurrection act and thinking that he can't actually use that there's this other law course is a huge exception in the posse comatose at comatose act, which allows a brother to declare this insurrection and by the way doesn't need a governor to sign off on it. They can correct it could be part of that team, but Thomas Jefferson did need that during reconstruction they didn't consult for it was even utilized to put down the KKK as that dates back to post right after the Civil War, what you hit it exactly correct and I think that the problem and I think this is the real problem here is that there is nothing that the President can do right now that anybody on the left is an essay that's okay, that's a good idea that will squelch the violence because that's what this is were dealing with violence right now that is paramount.

That's what this is Ari. Folks, we cut back River at yesterday. The judge in my conflicts case had to respond.

The DOJ respond as well to the Court of Appeals writ of mandamus is pretty and very unusual in the legal profession to see a judge having to respond to the Court of Appeals will discuss that as well. Any account will be joining us. Discuss both the laws I met with the insurrection act of 1807 they expected this, but Thomas Jefferson was present United States the little he was put into into action by our founding fathers the United States who were part of the drafting of the Constitution and the setup of our of our laws and they realize this was something that needed to be addressed early on to be able to handle what was happening in our country during the Revolutionary war. Subsequent wars in 1812. All of those issues that were right will be right back. The challenges facing Americans or substantial time with our Valley freedom sword constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades ACLJ has been on the frontlines protecting your freedoms defending your rights and courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do or work without your support, we remain committed to protecting your religious and constitutional freedoms than remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member. Thank you. And if you're not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing work, become a member today ACLJ only one. A society can agree that the most vulnerable invoice. Is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold mission like it will show you how you are personally support the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications 40 years later, and parenthood's role in the end what Obama care means to the prone life in many ways your membership in his empowering the right to question your free copy of mission life today online ACLJ/Jefferson Rutherford Hayes Grover Cleveland Woodrow Wilson Roosevelt, Dwight Eisenhower, JFK twice Lyndon B. Johnson 1234 times George H. W. Bush twice the President did not do it yesterday. I think what he did that, he showed Washington DC how quickly the situations which we do turn violent could be dispersed and that if you're on federal highways. If you're blocking interstate commerce if you're destroyed businesses.

He gave governors and mayors a chance to get things under control themselves itty-bitty parts of the country. Things change drastically.

There were still problems a bit the bigger cities. New York, Los Angeles, Atlanta, but it Minneapolis notice you not seeing a ton of footage out of there from last night. You may be seated from two days ago, but eventually, watch closely the news how things are tracking you had George Ford's brother condemned that the violence it say this must stop. And we need to stop letting these folks were outside the communities destroyed their own neighborhoods and I think there's a significant change. I think the best is whether there gonna say they like it or not. Therefore, scared to say they don't like it. A lot of the media and their very New York and LA in Washington DC focus, let's be truth about that to because that's where they are headquartered, but that ultimately it obviously lit a fire lit a fire under these bears because they empower you down 8 PM curfew in New York City tonight I had when yesterday at 11 which is kind of absurd thing about that per minute 11 o'clock curfew. So what is that exactly accomplished. Not a lot, but now the rocket back to 8 o'clock. That's a good sign. Now I want to go to and use me anytime on this because I think that what were saying with the utilization of the legal acts that are available. Were starting to see direct action here. Andy from the President taking charge making a difference when I make a difference in Cali that the President come out and said that he is going to put potentially but the full flow power. The United States military in the operation of the governors and the Myers do not comply with their responsibilities to keep the peace in the order and we referred to the insurrection act and then insurrection act was enacted in 1807 and Jordan pointed out, it is been used multiple times by multiple Presidents as late as George H. W. Bush in 1992, and in order to invoke the act, the President would first have to issue a proclamation and I will read the language that the proclamation would have to say you can tell by the language, how old it is quote to immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time. That's what the statute says and the President has the power to do that, and the President may indeed invoke that which puts active duty United States military forces in the position of having to restore order in this country if he's got to do right now and I think I am saying that J he said something that a true President should say and that is I you don't take control then the executive will think that's exactly I may think that's exactly the point. Now the interesting aspect of this plan on this and enjoyed it.

You're going to do, but they let me ask you this how you see this playing out. I mean in what the had that initial reaction that any talk about and then all of a sudden it was like oh maybe we do need to do something here. Yeah, I mean I think there's you get a look at the difference between words and actions jamming because the mayor of DC and other leaders didn't didn't like the President's comments. But what action did they take the J they moved the curfew from 11 PM to 8 PM and I will tell you how the situation in Washington DC was much better last night and was the night previously. Largely because of that linkages goes back to the conversation that Jordan and I had at the outset of the broadcast year where the President probably has the most difficult duty to balance of all the leaders here is a sober duty to secure the nation against the violence that's occurring, and he also nears needs to hear out the voice of those who feel like they've been wrong and by the way, J.

That latter goal is best accomplished when the first goal happens and you heard that message from George Ford's brother.

So I think in Washington DC as as peace starts to return and those voices are again elevated. I think those who are complaining about the Presidents action organist are to diminish by Harry Hutchinson rate, wrote a great article that is up on our ACLJ website. Let me encourage everybody that's out, listening, watching the broadcast. Now get back article.

Fantastic Jordan yes I get to that resource up@aclj.org and we are getting into the broadcast as well. The situation Mike Flynn judge this and it's a this may be the first place you had a full discussion of it to the broadcast where you get to a board course with Rod or Odysseus is still active for to testify tomorrow Capitol Hill in the Senate Judiciary Committee that's chaired by Sen. Lindsey Graham we know both of them will at least be in person to be other senators there as well isolate such a something done via tele-league and deck this to because Capitol Hill.

Our office is it a place where I get when I saw those rights begin.

I and I actually heard that you just even six blocks back from our office where it's outside the security perimeter for Capitol Hill and Capitol Hill police there was there a lot of issues on Sunday at eight even a bit, sub sub yes you mostly upset Sunday Saturday Sunday night.

How's it feel on Capitol Hill is if you like the adorable June I be. Obviously, things are different with covert but has it didn't heal the sick, say, wears a different it.

It's peaceful, Jordan, and honestly, if anything, the number of bikers and walkers and and you know joggers that are out has increased from previous week as the D phase 1 of the reopening begins in Jordan II think that really just gives even more credence to the idea that most of the protesters. Most of the demonstrators that are out during the day are peaceful are trying to have a message heard and then they really are co-opted as day turns to night because I'm telling you right now around Capitol Hill and really all across Washington DC.

You are going to CPC Argosy people in the streets, but you're not gonna see the confrontation that you've seen on the news and again Jordan I mean you made this poor point previously but I think people need to hear it again when they see the images on TV of the violence. It is the Presidents a sober duty to make sure that those situations are put down of the Jordan during the day. Right now, that's not what were seen.

That is just what the media is waiting to capture the show to the rest of America. Right now I would have any problem walking on the street aren't 100 Event that I will tell you, folks, that's very telling because it's about 12 blocks away as the White House, but you do have to go up the hill and Capitol Hill is on a hill. It it it is actually you will see protests all the time that have put login into schedule outweighed eventually shut down the street.

Those are because they want to take advantage of the police actually for the protesters. That's a different kind of scenario there, but they're extremely large and so we had to go by our office all the time from every different group.

Of course, of the Supreme Court in the big cases that come up the habit. See a lot of this with covert IT but obviously the country rapidly.

Also, I think there's also expression there that's happening as well of just that. The fact that things were closed at civil society closed out as well and the kind of community organizations that were used to like local churches and exacting open for prayer and then I think that was part of your participle is up as well. I do think with the present showed us how quickly and though the beating he tries to show it is this huge's show of force, I've heard about any serious injuries at Washington DC know this to the force itself was what what would quell the act. I mean, let's be clear here and that's the force itself that got rid of the problem, or at least stop the violence from happening, which was the really the biggest issue that was going on here all Roberts calling for Marilyn Ike.

Let's take this beer adornment at the end of the same because will touch on this more later But I want to take the call to get into this, we come back in the next segment, but if it were fully labor, Robert would take your call and if you want talk to Sonny one 800 684 31 two roster to be update you on Michael Flynn situation Robert you're on the air: Michael Flynn situation before the question about the Michael Flynn situation think you know the situation in place all of the country with the wife is very very sad seeing the fact that it was an injustice with the police officer. Minneapolis did George Floyd and that the police officer was fired and that was facing murder charges me that didn't happen. Many many many years ago, but it's happening in our era in which were living at injustice with concert and that from that standpoint and grandpa George Ford brothers calling for an end to violence. So the question about Michael Flynn. I want to ask are the charges being dropped against Michael Flynn because of the injustice.

It actually took place against him to get into this in the next segment of the broadcast.

But let me jump over here to Andy economy. The first and I will say this. Andy and I spent late to late last night reading the briefs that involved both by the lawyer representing the judge which I'm still trying to figure that one out Andy and then of course the more importantly here the briefs that were filed by Sidney Powell and by the solicitor Gen. of the United States with the Department of Justice saying this judge was way out of line but any reporting of the particulars.

I've never seen this before you and I collectively been practicing law for 90 years, 90 years is ride J and then 45 years on my part. I have never seen a judge want to become a litigant in a criminal case or for that matter in the civil case the brief on the part of Judge Sullivan that was written by the Wilkinson law firm essentially says the petition for mandamus should be denied. Who are you to say that you want walking off the street. You're the judge you're the umpire in a contest between the government and the defendant, and now you are taking sides and saying that the writ should not be granted, and you want to become a litigant in the litigation, and at the same time say that you can impartially rule on the government's motion and Flynn's motions. I say that's impossible if not insane last week of the broadcast. And today's well we cannot forget what's going on in our country that these things are continuing and and with what we usually get a lot of attention and a lot of analysis has not yet from a lot of national media outlets. We will provide that for you on this broadcast as well. I wanted hundred 64 3110 answer questions on Michael Flynn to answer your question about the present question about that, 1-800-684-3110 will be right back Jay Sekulow live only one.

A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition life will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to discover the many ways your membership is empowering the right question free copy of mission in life today online ACLJ/challenges facing Americans as time and are now free to store constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you for your thoughts.

Well, this is the perfect time to stand with us ACLJ God where you can learn more about her life changing, member today ACLJ. Jay Sekulow lives toward secular 164, 31, said ledger are busy right now, your questions, comments at the a lot of misinformation yesterday and she is from a legal perspective and honestly a lot of these news outlets were Artie talked about the present powers in their writing. The written articles. They were tight at the present powers back in early on in the articles I were talking before the presence of the day before. Even on Monday at the foot before he actually addressed the day should so early on because it was something be discussed potentially and that they were very honest about it that in the news now.

Now if you go back to the same articles go.

It's mostly about. Should the President of bin outside of the church.

This is Missing the point of that the actual which is what powers the President have and I saw people like you Don limited God TV and I don't expect him to agree with the present, but he also said Pointblank. It was one of the first people see if it had on after the President spoke the present didn't even discuss torchlight and that is not true. The President's spent the opening of his remarks were about George. For the time he started to address the nation and he he again was one of the first people is a – the national political scene and its present United States to condemn this 100% heated weight this not that this is not that present data he saw what we saw, and he did need to have 20 advisors tell of how we should carefully read the needle on this with by the way, I was about Pres. Obama's remarks are very much fake looking they look like they're written by a lot of people giving analysis that kind of special words but don't want to say this don't say that present Kate Brandt said this. This is absurd is wrong. He said that why it's it's not shocking to trucking elected is not talking any of us that the electioneering is election-year politics of this is going to happen. I think what we do have to put into perspective when looking at the general Flynn situation.

I want talk about this for moment we now have had briefs filed by the Department of Justice would now had the briefs filed by the lawyer representing the judge.

I keep saying that we representing the judge. It's unheard of and then of course Cindy Powell, probably for general Flynn Fleming to be my analysis on Wendy Randy's the judge's brief is basically this hey look, don't take any action here because I may vote for Clint. It's just like what I haven't done it yet. I just met I may vote for Flynn, so it should be okay.

Don't take any action yet doesn't say will vote for Clint, but he says he could vote for Flynn. Then I think this is important. Andy, you have the next brief. And that's the brief of the Justice Department thing.

This article 2 gives the authority to the executive branch to bring this to bring any action or to dismiss cases not to the judge that exactly right today. Article 2 makes the executive, the prosecutor in the case and not the judge, which is in article 3 function. What Judge Flynn wants to do what is to be the judge of the jury, and the prosecutor he wants to be the US attorney and to be the judge in the case where the US attorney position is already filled so he can do that.

I was very disappointed in the brief that was written on behalf of Judge Flynn.

First of all, no briefs should've been written on behalf of the judge. A judge that need a lawyer in the case.

That's crazy.

But though the brief itself.

J adverted to what the judge had said about I'm doing this briefing schedule and I'm ordering the judge Gleason to be an amicus based on my inherent authority.

That's what he used, and in reading the brief on behalf of Judge Flynn. I kept wanting to see what is this inherent authority based on one law. What case and it was nothing they referred to law from the 9/18 and 70 18th century 19 century. In a 1947 law review article that was written by somebody. It was very poorly written very poorly argued and it never address the central question when does the judge in the in a criminal case also become the prosecutor, the answer to that was provided by the Justice Department brief and the answer to that is never an interesting thing invented that members of Congress, probably in that case as well. House and Senate.

They sure did asking largely the same question how many roles does this judge expect to play with, and also arguing the point that we may on this broadcast many times Jake is that there's a very specific reason that the judge is a member of the article 3 branch does not get to play this role is because the founders intentionally gave it to a branch with more direct accountability to the American people the article to Brandt. You obviously the leader is directed by the voters and is confirmed by the article one branch were directly elected by the voters.

That was not an accident.

J so that is largely the argument that the hat that the house and the Senate are interested in making it's not just an accident that the judge that as and have this power. There's a very specific reason he doesn't. And by the way J if we lose that if the article 2 branch does not have prosecutorial discretion. It's going to cut against people of all ideologies. At some point, depending on on on hoot what judge they get before you know Jordan, I want to get your view on this because we are and as you said early warning of the political season. How does it play out licit when you have a situation you pick out something that probably doesn't get it truly is gotten enough attention yet, but it should in the media that the people need to understand this to this judge did not respond on his own. I think right there.

He's deceased disqualified potentially and it's it's so bizarre that he has an outside attorney not part of the government that part of his staff assisted, they wrote this on their name that is on the it's like a prayer just like a brief but there using his powers a federal judge. Why is he going outside outside the government who is what's he talking to them about because he doesn't have the ability to do that to go outside of his right by talking outside staff. He's, it's more trouble than he was a week ago just underscored it to me. It was where they hired outside counsel is weird that they it's their names on me wife Beth will considered her team. The name of the brief. I'll tell you why they were off.

The judge made up thought he needed a lawyer.

I made it just I want to think about that for a month. The judge thought he needed a lawyer in this case, and he hires a well-known criminal defense lawyer that criminal defense lawyer puts in place. What a great a series of legal arguments which, as you said, are really old and what you end up with. We now end up with a three-part proceeding.

We got the DC Court of Appeals. We got the United States for parts of the United States government. We got general Flynn and is a party kind of right now we have the judge ever heard of this.

Well I never heard of the day. I can tell you that I judge and being a prosecutor at the same time as being a judge when the government says we don't want to prosecute against what is he going to do is to benefit from the bench and say okay I'm the judge in the case, also the prosecutor, by the way, start calling my first witness is what it really comes down to okay judge Collier first witness in the case and then you can judge the credibility of that witness and also prosecute the case on behalf of yourself. You're not the executive, you have no business injecting yourself into the actions of the executive branch of government. You don't have inherent authority. I didn't see any case cited J whatsoever in their brief, as I said I saw law from the 1800s and a 1947 law review article and talk over and over again about he's going to do the right thing and he hasn't ruled that he hasn't made a decision, is to think about this and is going to make a decision about flame and you can appeal that I say that nonsense and don't try to pull that critique your phone calls your comments or questions. One 800 684 31 to 1-800-684-3110 23 Stelle ACLJ.org with Harry Hutchinson on the response and the riots in response to the lease brutality and another by Wes Smith that the military with a military perspective on with the present discussing the power to discuss the air. Will be back second Jay Sekulow life when he hundred 6031 2000. ACLJ's been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena.

The American Center for Law and Justice is on your side. If you're already a member thinking. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow and secular folks are busy now, but I encourage you to call if you have questions, it's two issues were discussing what you have explained what the present address yesterday. Here's where the media got it wrong, but it is walked through this one time merely skips to the President that values its wreck. Check with the posse, taught us that overweight. It has a giant exception that says it was the insurrection act which, of course, all laws have exceptions to the made the general focus of the law. The exception there are the US code is that this is not to impede on that power has been in place since our founding fathers were presently Thomas Jefferson.

Why because what they tried to do early on to the country. Figure out what were the issues that were addressed to the Constitution what what powers do we need to to delegate and they were delegated by the legislative branch to executive branch act.

In these situations, which are clear to any would see no you don't. What is insurrection, it's easy to see is easy to see it when you've lost control of the streets when you can't protect private business in the war weather.you don't have a strong enough police force. Whether you need more resources. Whether your city is so large, so they said well you can do it, but only if the governors asking the governors could agree to it. That's true they could agree they have to they did for JFK unit weight unit weight when they needed them in Alabama for desegregation or Mississippi for desegregation order.

Arkansas. He did ask the governors working okay that regardless they were Democrats. For the most part, say, party of that he was it.

They were cannot be okay with that. Now did so you have this this issue where he goes back and forth Rutherford but for hit that the natural Thomas Jefferson.

He did it but I think it was so early on her history. Is that clear.

So Rutherford B Hayes. He did ask the state requested Grover Cleveland, the next residue.

It didn't get the state and again I talked about John F. Kennedy. He was, not asked by Mississippi to help desegregate all this. There were riots and you had to protect the students and get a protect that we've all seen those images at civil rights would but is it is the same thing for every American that has basic protection that if they are at their business or their going to check that I could be dragged out of a car beat in the street. That's the general idea I mean is that you not to get beaten up.

I said that she has been a problem only state again because I think it's important I defended civil disobedience on the blockades of abortion clinics I have defended free-speech activity picketing protest that protected speech when it's picketing protest when you blockade you are violating the law, its trespass, but it's not it's not arson it's not destruction of property. I've never handled a case involving the destruction of property, the cases I've handled have all involved situations were to be been civil disobedience or just pure free-speech protests. There's a big difference between those two and Andy. You know you were with me on this case is all the way to the Supreme Court when one of all. By the way we want them 1920. The other one the 6 to 3 so there's a big difference between civil disobedience and protected speech and an and protected speech.

You cannot be penalized all civil disobedience. As Dr. King said yes you could pay a penalty for that he wrote the letter from the Birmingham jail because he engaged in peaceful civil disobedience that was very different that was going on.

The other night but the President utilizing authority here. Andy is to maintain protection for citizens that's exactly right Dave insurrection act. If the President invokes it is to disperse the citizens who are out there in rebellion and to make them go to use the language of the 18th, 19th century 19 century back to their places of abode. In other words, get off the street and go to your house in a way I'm going to enforce it is take active duty United States military and implement them because the governors and the mayors won't do it. This is the perfect instance in which the death of the President should act and you got the authority to do so.

Other Presidents have done it in lesser situations.

Perhaps President Trump has the right to do it and he has the mandate to do it and I think he has the courage to do it and that's the most important of all fully delegated powers to the present United States.

Since our founding, and anytime with the left. Now they don't like federal intervention. It's funny how that changed the Presidents would be back the challenges facing Americans or substantial time and are now freedom sword constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades on the front lines protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member. Thank you for your thoughts. Well, this is the perfect time to stand with us ACLJ God where you can learn more about her life changing, member today ACLJ only one. A society can agree that the most vulnerable and voiceless. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later, when Obama care means to discover the many ways your membership is empowering the right question for copy mission life today online ACLJ/hour. This is a big issue I think will I get it. It's unfortunate because it's device it divides the country but I think this is where you look at the left interpretation of the law.

So whether they support Judge Sullivan today because they think out because they like the fact that he is questioning whether the department just right and should he be the one prosecuting Mike Flynn now bring his own prosecutor, would you try to do this outside which no authority to do you know no authority to think he was told by contempt you need outside lawyer to hold somebody good to do it. Nobody advisors. I don't think at that point is he's gone. Pastors issues of peace and what he is a criminal defense attorney for reason they want to get into that, necessarily. Obviously there brief but real issue for this judge.

One of the real issues as he point what he a precise talking to his lawyer know how appropriate is that he's talking to his lawyer about his opinion in a case he brought because it was brought up to unwritten mandamus on the decision he made and thought about this a lot and that is you have a situation where general Flynn files.

This writ of mandamus, and then the judge's order to respond. He responds by hiring a lawyer and the lawyer file files a brief saying hey wait a minute to judge may been in up ruling in favor of Judge Sullivan who general Flynn who knows don't prejudge it, which but you know the lawyer he hired the Amicus he hired.

This is interesting. The Amicus he hired to prosecute and that's what I'll say general Flynn had written an op-ed criticizing Andy, the Department of Justice, when I saw that I couldn't believe that he chose, he had no right to, but he chose Judge Gleason to do that out of all the people to choose. If somebody who is an expressed already in opinion with respect to the case. I mean first divides unheard of for a judge and Jordan said to hire a lawyer to give an opinion on Alioto ruling against you or the district judge appointed by the President. You confirmed by the Senate. You rule ill ask other people how to rule that's not your job and you pick to be your Amicus are to be your co-prosecutor because that's what it is.

Someone is already expressed an opinion with respect to general Flynn. How crazy is that I'm I cannot believe I cannot believe that in the year 2020. This is happening in the United States judicial system. I am hoping the DC circuit will put some sanity back into Judge Sullivan and into this Flynn case look, the law is very clear under rule 48 you have an unopposed motion to dismiss a criminal case filed by the government unopposed by the defendant, judge, you've got one alternative rule in favor of vacating the plate and be done with it. Or if you don't want to do that sentence the man have both ways.

It is clear again is bringing people and you got a I don't think you have to imagine that we can actually say definitively he's discussing judicial analysis with people who were not even part of the government not part of the judicial branch that is clear so that is not part of the court system there is. He's relied on people in private practice dad and and then again, he's not a Pete.

He did this to himself. Obviously he stepped in multiple ways. With this, but he did it by try to point out sites prosecute is empowered to do that he can appoint a special counsel he could rule he has powers a judge he doesn't have to take and they can be appealed like, but he didn't do that here he started he started obviously having analysis and I think that is a serious conflict issue. Sears probably should listen to Cindy Powell this bike for the tourney ticket was greatly abandoned any pretense of impartiality and wants to prosecute general plan, himself, and conduct many tropical over whatever issues he chooses to identify the case regardless of what the Atty. Gen. has decided and done here, even going back to charges that didn't exist in the first place and creating new ones as well. We don't understand we go to staff representing clients who were targeted by the IRS. They try to looper the FBI. Now it's makes more sense. Why they had a captive audience of people who wanted to take out voices. They did like weather, was present trumps Mike Flynn a general United States to who was chosen by the duly elected incoming President United States to be attached.

Visor, which is his prerogative and they would they try to take them out and basically take out the entire first team of leadership for the present United States tell you this so that is no doubt about that. We know that because we do three year investigation will be dealt with it so we we we we dealt with that. But there's another aspect of this and in the Flynn case and that is the we haven't even rehearsed the series of irregularities that took place here and there. Are there Legion I'm in there that there are so many, but the government did.

I met with what was interesting in the brain by the department of justice and they did they talk about it and they are the government and they talked about yesterday did the rainbow that was written by solicitor Gen. Francisco and the staff of the Department of Justice starts out with, but fundamentally always look at the first line of a brief that says it all. Look at the first line in the opening statement.

The Constitution vests in the executive branch the power to decide when and when not to prosecute potential crimes.

That's an executive decision. It's not a judicial decision, and especially not to say.

Well let me see, I've got a motion to vacate a plea. I believe I'll call my friend Judge Gleason in here to argue against the Justice Department's motion to dismiss and he's already expressed his opinion with respect to Flynn and Finn doesn't like President from the new.

He's gonna be my agent counsel and more than that. I want to hire me a lawyer to respond to the goat DC circuit Court of Appeals has said I did and I have to explain what is going on. This is, is it it boggles the mind. J. I can understand it and then I wondered about. I wonder about this Indian that is so he has this private lawyer and he's got this amicus curiae he's got this judge that he supported did they get together and decide that this is how we should decide this case that this is the safest way to decide this case we rule this particular white is that he comes in the end that that sounds like very well could be the scenario which would be the most terrific parade of horribles I can ever imagine that to have an amicus curiae to argue against dismissal and not only that J like to consider additional criminal charges. Why are you the judge are you the prosecutor you want to be both apparently does good. Yeah, I think there's also another issue that hangs out there and Cindy's phone calls but that is this issue to be held in contempt for withdrawing a plea.

The plea is between the prosecutor, the and the. We don't support our art judicial system that a lot of times drug charges get dropped down even this you what they wanted to go for the FBI that the object was exactly what they got. In the meantime and they said we won't won't got your supportive after family you know that after this and that and with the department just looked at by the way, the general counsel for the FBI resigned during all the best of this know what is sucking a ton of news again.

Data bid today. He is God.

He was part of this siding off on these five society offered Flynn. That's why I also the assistant US attorney's career prosecutors have signed this brief from the Department of Justice. It was not just political appointees was also career assistant US attorney siding on you.

I think that was very, very important that you saw Department of Justice long-term employees sign on to this brief, which was by the way, completely legally correct. I want to be clear on that.

The analysis is excellent and but as any dentist or any set in this whole process with the judge having a lawyer and then having the Amicus and the Amicus is already written opinion of the Washington Post.

I mean it's just not the way it's done and I think at a minimum, the writ of mandamus should be issued. This judge has to be removed from this case, the dismissal should be granted. Maybe they have to appoint another judge may have to recuse him to appointed another judge who can actually do the proper dismissal action. I thought about that.

You any that may be the way they have to go here.

Get rid of this judge for a new judge or the dismissal because at this point, you kick no one can argue that Judge Sullivan is a neutral arbitrator know that would be crazy to say that he neutral is already expressed an opinion even though he predestinated brief that he haven't really decided and he's going to give Flynn a fair shake and then Flynn can appeal it. That's nonsense. You can't tell me that after I read your brief that your neutral and impartial. You call the man at freighter you made these statements about a menu you've expressed an opinion of his guilt or innocence already and then you can now rule on his motion to vacate the plate. I think what you say is absolutely correct. The DC circuit should probably order recusal appointment to another judge and disposition of the case.

I vacating the claim and socially come back here to start taking on the phone calls if you got a call question on either of the matters I we be discussing on radio again 1-800-684-3110 him accounted for 100-684-3110 start to become back this next break title VII covered up again and there's a lot of resource to great resource. A sealed tape.or just posted today right before he went on air piece by Harry Hutchinson another piece by Wes Smith, one focusing it on how the riots harm the issue that we should be should be getting the national discussion and talk about present sitting down like he did with criminal justice reform on this matter, but you gotta stop the right person.

Also on the response to the rise with the federal government can and can't only when a society can agree that the most vulnerable.

Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life.

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But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you for your thoughts. Well, this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing, member today ACLJ684 31 to Fouts at first on Flynn's case because you got the situation there where the judge has responded to private counselor set up to sleep sure that is on its face absurd bizarre wrong at that before that happened. You should recuse yourself as a judge uses recuse it should get to this point because outside councils were not part of the judicial branch of the US government shouldn't be putting analysis together about why judges right in their criminal defense attorney so they're doing defensive posture. Think about that. Yet they are defensive posture because what they did put themselves in a defensive posture I would quickly go to Panama with the coastland. Were you surprised that both Congress and members of Congress and Senate vibrates in this I wasn't.

But what was your sense of yet not surprised J because it is such an affront to the balance of powers and 11 members of the house, wrote a very long brief in the Senate. Brief J was led by leader McConnell and I think that shows you the extent to which it rises to significance in their mind, especially J when you consider that this judge that Judge Sullivan appointed Judge Gleason back in 2013. As you know very clearly opined on this, saying that the executive branch has near absolute power to dismiss the sky case J he said it in multiple versions.

How is that suddenly missing from the arguments he is making in this court. I think that's exactly why the article one branch decided they had to weigh in and correct the cause of your Robert in Florida online.

Three. Robert welcome the Jay Sekulow live your on the air might've answered my question but I want to know why can another judge overruled Sullivan's decision and investigating men on why is the more part of this case demand just a judge to see faces issues. I'm not speculating there to some extent because he hired a defense attorney so criminal defense attorney. He's now I got outside counsel defending so he knows that's a potential Robert long-term. Short-term dad the situation, the court has already stepped in.

The next level up is Artie stepped in. This is not yet.

They stepped in. In a way that is also unusual. That is not usually.because they is so outside the lines of judicial power know that's exactly correct.

So, the Court of Appeals is the court of review here. The writ of mandamus was filed so that the Court of Appeals can then make a determination as to what judge Sullivan did whether it was within the bounds of what he's called this inherent authority, which he still has no citation for I suspect the answer is to be no remove them and I think the case is dismissed right folks I could to take her phone calls 164. 31.

Tell us what is he in Idaho online.

One is he thinks hold on your on their banking take my call that quick question on the port probably began work? I waited as long as I take action. I thought it might. But anyway just because you hoping American government to take care of all their writing and when they did this when he stepped them but out of. Why is there a reason he waited on it weighty express United States to send the US military in and so those are these time throughout history is been done a number of times, but is done in moments you know from history or you lived in history is those rare events that you can remember forever. Or maybe sometimes I mean is Rodney King riots were maybe one first the I can really remember seeing sky like O.J. Simpson's case. These were massive, huge events, whether it was because the media whether was the civil rights movement that we learned about in school. Regards to where you go to school you learn about the students and Mississippi and Alabama, Arkansas, you learn about what happened there so that these it weighty moments and you do. Our government is set up where the states are the first to utilize police power, and it's only when there is an it is like an insurrection, where they have lost control's estate and that's our archives and I think it takes more than a day to say that I think your hundred percent correct. I think that I would put any on this to because Andy has done it so lightly represented the state rep. I was a special Deputy Atty. Gen. for Alabama. I've been a special district attorney, assistant district Attorney Andy is done the same easement of US prosecutor. I worked for the Treasury Department as a lawyer, so we know that the order is states to deal with this.

First, when the state cannot deal with it effectively and that is when the federal government comes in. That's the way our Constitution is set up IJ you got this balance of power between the branches of government and the federal the central government and the states. The states have the first authority to keep the peace within their own jurisdictions the mayors the police and the governors of the states they are sovereign and they have that power. But Congress, in its wisdom. In 1807 enacted a law that says where that doesn't happen.

The President has the power to invoke the active United States military to get involved. I remember as a child seeing the Gov. Wallace blocking the entrance to the University of Alabama and Atty. Gen. Back, Standing There with the Federalized National Guard behind Them. So the Student Can Come. I Remember As a Child Seeing in the University of Mississippi Gov. Ross Barnett Blocking the Door so so That the Black Student Could Not Come in, and the Atty. Gen., Standing with a Nationalized Federal National Guard behind Them and Military Troops Deployed by the Federal Government Those of Those Instances That I Remember As a Child Seeing so This Is Not Anything New President Prompt Answer the Call Directly Had Shown Enormous Restraint and Deference to the States to Do Their Responsibility When He Sees That They Haven't Done It.

He Steps in the Glass You Took Significant Different Actions. One, It Was the First Curfew in New York City since 1943 and Now It's at 8 PM and for City like New York Is Really Early. That's Really Early to Say If You're on the Street. We Can Rescue That's the State Take That Action in the City Taking That Action. So Even in a More Local Level and That's the Way You the United States Should Work the Insurrection Act Is When It Doesn't. So Hopefully Those Steps Are the Correct Steps They Try to 11 PM Curfew. I Think Those Way Too Late. But I Do What It Is Tough to Put in Curfews. If You Didn't Have It Already Midday Because People That Work Different Hours, Different Shifts, It's Tough to Get a Commute There. They Got a Get on Mass Transit. The People Who Are There, Though Most of the City Is Shut down and A Lot Of People That Were from New York City. There Are A Lot of Folks Have Said That You Know This Washington DC As Well. Places Just Getting in the Phase 1 and and Says Where You Are, the Country Really Matters, but You Do What It Too Was an Already Illegal to Be on the Street or They Were Already Arresting People for Being on the Street without Master Not Having the Right Distancing or You Should Be at Your Business and That so This Was Actually the Easiest Time to Put in Place Curfews, Even in a City like New York and II Think That They've Taken Additional Steps Because They Want to Try and and and Not Have To Be That Situation Where It's It's Easy to See That the Insurrection Act Should Be about Your DC Made a Similar Move Last Night Following New York's Lee Jordan and the Curfew Move Back from 11 PM to 8 PM and It Did a Couple of Things. It Made the Streets Safer during the Other Thing It Did. It Gave More Space to the Legitimate Demonstrations That Were Going on. I Mean, You Have Made This Point Several Times This Week Adored Floyd Was Murdered. My Artery Was Murdered and the Violence That Were Seen in Our Streets. Jordan It Is Keeping That Conversation from Taking Place of the President Stepping in the Cities Doing a More Responsible Thing It Quiets the Streets down in Jordan It Gives More Space for That Peaceful Protest of the Legitimate Injustice for That to Air, and for That to Get the Coverage That You See in Your TV Screen with Great Pieces up@aclj.org encourage you check out the piece from Harry Hutchinson and Wes Smith on two different issues have arisen. Now that were discussing as a nation and pray for your country. Pray for your donation. Pray for its leaders and in a time in second with Cove 19 re-openings riots, looting, George Floyd and and police brutality. These issues are real but out but tomorrow you know Rod processes testifying in the U.S. Senate. We have to pay fix those issues to as a develop ACLJ on the frontlines protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side. If you're already a member thinking. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ