Nick Craig In For Pete Kaliner (03-17-2025--Hour2)

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[00:00:28] Well, one of the big stories over the weekend, of course, you heard about it in the news update from Brandon there. It's been talked about over the last couple of days is this decision from a U.S. District Court judge that was issued on Saturday evening that blocked the deportation of gang members, a Venezuelan street gang to El Salvador.

[00:00:49] Now, Saturday evening, this U.S. District Court judge blocked the deportations, but lawyers for the administration, lawyers for the president and the executive branch told the judge, hey, there's already two planes with migrants that is in the air. One headed for El Salvador, the other for Honduras.

[00:01:09] This, of course, very much frustrated the judge who ordered the planes to be turned around, but they were not. And the lawyers for the Trump team said, well, you didn't include that directive in your written order. So the flights continued. They were already over international water when this ruling came out. We've heard from the press secretary and Caroline Levitt that the order stands. That's fine. But these planes were not going to be turned around.

[00:01:38] And so it brings forth an interesting question and something that has been brewing, I think, for quite some time. And this really is the power that U.S. District Judges have. Now, if you are a fan of the United States Constitution, of which I find myself quite the fan of, I will admit it's not a not necessarily a bedtime reading or anything like that.

[00:02:01] But knowing the Constitution, understanding what's in the Constitution, there's only one level of judiciary that is mandated in the Constitution. That is the states of the land's highest court, the United States Supreme Court, which currently is controlled by Chief Justice John Roberts. Federal district judges and courtrooms are not mandated, not required, not even talked about it at all in the U.S. Constitution.

[00:02:30] And while I'm not sitting here this afternoon and saying that federal district judges need to be the courtrooms need to be abolished, there is an interesting question that I think the U.S. Supreme Court, who has doled out this authority to the district courts, needs to deal with. And it's over who has authority in the executive branch.

[00:02:51] Something that I have found myself incredibly frustrated with, and I'm sure many of you have as well, is that every time the Trump administration announces an executive order over the last 60 days or so since he's been in the Oval Office, what is the result?

[00:03:06] Immediately, the ACLU or some other left-wing hack of an organization runs to a district court somewhere in America, gets in front of a friendly Democrat-appointed judge, and what's the end result? A temporary stay is put in place. A temporary restraining order is put in place. A temporary block is put in place. We have seen it. I can't even count how many times since January the 20th.

[00:03:35] Almost everything that has come out of the executive branch has been, in some cases, shot down or delayed due to decisions of district court judges. Individuals that are not elected to those positions. Individuals that are not laid out and aligned in the United States Constitution, but have been given that authority by the Supreme Court, by Congress, to operate. And the idea makes sense.

[00:04:04] You don't want every case federally going to the United States Supreme Court. The amount of cases, the case log, would be incredibly long. I mean, they'd be hearing cases and reviewing cases 24-7, 365. There'd never be a break. And so, they have created this essential buffer zone, which is the federal district court system.

[00:04:28] But what do you do when that federal district court system, which again, is not mandated in the Constitution, was something that was ginned up after the fact. What do you do when that federal court system is no longer doing what they're supposed to? What do you do when that federal court system is starting to encroach on the authority that it has? What do you do when it oversteps its bounds? Because that's what we're seeing right now.

[00:04:56] We are seeing activist, hyper-partisan activist judges that are deciding themselves what authority the President of the United States does or does not have. And by the way, like in this case over the weekend where this judge blocked the deportation flights, he didn't rule on the merits of the case. He did not come out with a decision either for or against this.

[00:05:22] He issued a temporary stay, a temporary restraining order against the actions of the administration, of the executive branch of our government. And he doesn't have the authority to do that. You've heard and seen some comments even just this morning from individuals within the administration, including Caroline Leavitt, indicating that these judges do not have this authority.

[00:05:49] And I think what we are about to see, and I don't know when exactly it's going to happen. It could happen sooner rather than later. It could happen a year and a half from now. We are going to hit a very interesting point. And again, it could happen like literally today where the administration starts ignoring these district courts the same way that the Biden administration ignored the district courts. And so what happens then?

[00:06:20] What do you do when the district court judges who are hyper partisan, who are incredibly politically polarized one way or the other? What do you do when the administration starts ignoring them? I mean, we are setting ourselves up for an absolute disaster. But that's what's happening. That's what I foresee taking place here in some period of time. Could be soon.

[00:06:50] Could be a year from now. Because this administration, just like the last, is just going to start ignoring these orders. That's exactly how this plays out. So it leaves a key question for the United States Supreme Court for Chief Justice John Roberts to deal with. How do you get these courts back in line?

[00:07:11] How do you make sure that these district court judges either A, stop acting in such a hyper partisan manner so that people actually in administrations and lawmakers actually follow their orders? Or B, how do you get them to or how do you how do you force individuals to comply with their orders? It's a very interesting discussion.

[00:07:39] It's something that has been brewing for quite some time as these positions have become so hyper political. As these positions have become more and more politically biased and we see that Democrats and their organizations like the ACLU just shop themselves around the country, finding judges that they know will be sympathetic towards them. Finding judges that they know will be in their camp, in their corner to rule against the administration.

[00:08:08] There's a saying in politics. Yeah, sue till blue. That's how the Democrats operate. That's how they're operating right now. Can't win on the issues. Can't win by convincing the American voters that your ideas are better. Just sue everybody. Just sue the Republicans. Sue the administration on every single thing that they do in front of left-wing activist judges.

[00:08:30] And even though the Supreme Court will likely not rule in your favor at the end, these intermediary judges, these intermediary judiciaries like the federal district courts, they will give you the temporary relief just enough to gum up what the administration is trying to do. And that's a serious problem. It sets a very dangerous precedent going forward.

[00:08:54] And I think the Supreme Court, specifically Chief Justice John Roberts, has got to figure out how to get this under control. He's got the authority to do so. And he's got to figure it out. Because I can tell you right now, you can take this to the bank. This administration is just going to start ignoring these left-wing activist judges in their court orders. That's just what's going to happen. Then what's John Roberts going to do? Then what's the Supreme Court going to do? He has the opportunity to get ahead of this now. We'll see if he does so. All right.

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[00:10:19] At Creative Video, they help you protect what matters most. Mail orders are accepted, too. Get all the details at createavideo.com. Talking about radical, progressive Democrat judges in a very interesting kind of fight I see playing out over the next couple of years here in the United States as these left-wing judges that Democrats, of course, use to court shop. They find their friends in the courts, Democrat-appointed judges in the district court level.

[00:10:47] And the groups like the ACLU shop around all of their various issues that they don't like because they lost. Republicans won. So they shop around all of their issues to courts until they find a judge that says, hey, I'm a Democrat. Hey, I'm a progressive liberal. I'll side with you. Whatever you say is gospel. Yeah, sure. I'll issue a temporary stay. I'll issue a temporary restraining order. I'll block what this administration is trying to do.

[00:11:12] It's a very dangerous, damaging precedent that is being set. And I don't know how this fight's going to play out, but it's absolutely going to happen sometime in the next two years. There's no question about that. 704-570-1110 is our hotline where you can call be part of the show this afternoon. Let's jump on over to line one. Ernest is hanging on. Ernest, good afternoon. You're on the Pete Counter Show with Nick Craig. What's going on? Thank you, Nick.

[00:11:39] Nick, I really – I practiced law for 38 years, and I've seen a lot of this stuff. And I've got to tell you, you're not going to get John Roberts to do anything until you incentivize him and the Supreme Court to do something.

[00:11:57] Last night, I was stunned that Newt Gingrich was on Mark Levine and outlined exactly what the Republicans should do immediately to put a stop to this and to do the incentivizing of John Roberts. It's immediately to get the best conservative minds in the country and hold a hearing on exactly the constitutional limits on the district courts.

[00:12:23] And after that's outlined, have another hearing when you bring five of the most way out district judges that have made rulings lately and grill them. But I wouldn't grill them through the senator or the congressman.

[00:12:40] I would go out and get me some ringers, some really smart litigators, constitutional lawyers to come in and grill those judges and make them look like fools. And then at the end, you either impeach those judges or you do away with their courtrooms and their position. I've actually got that clip, Ernest. I appreciate your calling.

[00:13:05] And you make the point about until John Roberts is incentivized to do something, he's not going to. Well, I'll tell you what, the incentive is playing out right now when you're going to have this administration just saying, yeah, we don't really care what these district court judges say. Oh, you don't want us to do this? Well, too bad. We're going to do it anyway. That's going to be the incentive that John Roberts and the nation's highest court, the only court that is outlined in the United States Constitution, the Supreme Court, is going to have to deal with.

[00:13:34] There's just there's no way around it. We have seen the scope creep. You're familiar with that term with these district court judges over the last couple of years. And it's gotten even it was pretty bad during Trump's first term. It's out of control now. And so the Supreme Court in Congress, as Ernest was mentioning, is going to have to deal with this. And I'll have that Newt Gingrich clip with Mark Levin coming up here in a few minutes. Before we get to that, I want to jump back to our phone lines.

[00:14:03] Say good afternoon to Marty. Marty's hanging on the line, line two. Marty, you're on the Pete Calendary Show with Nick Craig. What's going on? Hi, Nick. Yeah, I wanted to comment also on what's going on with the Democrat Party and the justice system. Sure. To me, it seems that they're opening up a and I don't know how to word this, but they're showing a flaw into our government. And basically, it's not necessarily a flaw. It's something they're using to create a flaw in our system.

[00:14:32] And I believe, kind of as you alluded to a while ago, and I guess I had a question to go along with it. What would happen if he totally ignored their decisions until the Supreme Court ruled in on it? Nothing. I mean, that's why that's like what the previous call was mentioning until the Supreme Court has some overarching reason to step in. A district court judge tells the administration not to do something. They do it anyway.

[00:15:01] Who's the who's the greater authority? It's the United States Supreme Court. I mean, that that's what hasn't played out yet. And what I see playing out, it could be this week. It could be three months from now. They're just going to stop. They're just going to stop agreeing with these orders and just do whatever they want. Well, I think that in the long run is what it's going to take, because I believe that as fast as Trump is moving and the administration is moving,

[00:15:24] they're going to have so many stacked up that the Supreme Court's going to have to rule on that it's going to probably aggravate Robertson and everyone else on the Supreme Court based on how many feverish lawsuits are not lawsuits necessarily, but stays and everything else that they've implemented on this administration. I think you're absolutely spot on there, Marty. Thanks for listening and appreciate the call this afternoon. That's exactly what's going to happen. I mean, the Supreme Court's not going to have a choice. You're going to have an administration that is completely defined.

[00:15:54] And by the way, I don't know that that's a good thing, right? We don't want the administration to have to deny and to ignore these decisions coming from these courts. But what option are they left with? And the Democrats, under their parent organizations or all their little groups, ACLU and everybody else, just sues them over everything that they do. There's no authority for the judges to shut these decisions down. The judges were not elected president. Donald Trump was. What option is the administration left with?

[00:16:23] And you're already seeing the verbiage kind of coming out from individuals like Caroline Leavitt. You've seen some I've seen some cryptic posts on X from Stephen Miller over the last couple of weeks indicating that this is a battle that we're going to see. Here's a great idea. How about making an escape to a really special and secluded getaway in western North Carolina? Just a quick drive up the mountain. And Cabins of Asheville is your connection.

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[00:17:37] And they have pet-friendly accommodations. Call or text 828-367-7068. Or check out all there is to offer at cabinsofashville.com and make memories that'll last a lifetime. We're discussing what is a major battle I see brewing right now in the federal system. Where you've got activist judges that are completely overstepping their authority, completely overstepping their bounds,

[00:18:04] and essentially deciding what the executive branch is and is not. Now, that is a major problem because these district court judges do not have the authority to do that. Yet, their friends in the ACLU and other left-wing Democrat activist organizations shop around the United States for anything that the Trump administration does. They find a friendly judge, they bring it in front of them, and lo and behold, the same result happens every time.

[00:18:31] A temporary stay, some sort of temporary hold, restraining order block is put in place by these judges each and every time. And the most recent example of that was this weekend when a federal district court judge ruled that the Trump administration did not have the authority to deport more than 300 illegal aliens of a dangerous Venezuelan street gang. Now, as while we were in break, the White House press briefing is ongoing right now.

[00:18:59] Caroline Levitt spoke about this, talked about the proclamation signed by the president, and made some comments. This was Caroline Levitt just a couple of minutes ago in the White House press briefing room. Take a listen. President Trump signed a proclamation invoking the Alien Enemies Act regarding the invasion of the United States by the foreign terrorist organization, Tren de Aragua. At the president's direction, the Department of Homeland Security carried out a counterterrorism operation

[00:19:25] deporting nearly 200 violent Tren de Aragua terrorists, which will save countless American lives. Thanks to the great work of the Department of State, these heinous monsters were extracted and removed to El Salvador, where they will no longer be able to pose any threats to the American public. Tren de Aragua is one of the most ruthless terrorist gangs in the world,

[00:19:49] and they are responsible for some of the most heinous crimes that have occurred in our nation's history in recent years, including the savage murders of beautiful Lakin Riley and Jocelyn Nungere. President Trump promised Lakin and Jocelyn's families during his campaign that he would demand justice for their beautiful girls, and that's exactly what he did. As the president acknowledged during his inaugural address on January 20th,

[00:20:17] he pledged to invoke this act, and he has no higher responsibility than to defend our country from threats and invasions. Yeah, one might say promises made, promises capped. That was Caroline Levitt just a couple of minutes ago about that. She commented more. She was asked a question. I don't have the questions, not part of the clip, but was asked by a member of the media about this judge order and about the executive authority. She followed up by saying this.

[00:20:44] The president is using every lever of his executive authority and his constitutional authority within the bounds of the immigration laws of our country to ensure that our streets are safer for law-abiding American citizens. And this administration is focused on detaining, arresting, and deporting illegal criminal aliens. And as you saw this past weekend, the president used his authority under the Alien Enemies Act to deport foreign terrorists.

[00:21:11] Trende Aragua is now a designated foreign terrorist organization. And as I said, there were nearly 200 Trende Aragua members who were sent to El Salvador this weekend. Countless lives will be saved because of this action. And if you talk to the families, the Angel families, as I mentioned, Blake and Riley and Jocelyn Nungere, they understand the grave cost of life at the hands of these illegal terrorists. And the president is proud to deliver on that promise for them.

[00:21:40] And that's the words right there straight out of the press secretary's mouth about this, claiming that the president has the executive authority, claiming that he's invoking acts to give him the authority to do just that. Yet there are still legal challenges that are being brought. And once again, you've got these Democrat activist judges that are, and I believe, and it seems to be the case of the administration as well, overstepping their bounds, overstepping their authority, and deciding what the executive branch can and can't do.

[00:22:10] 704-570-1110 is our phone number. Let's jump on over to line one. John is hanging on the line. John, good afternoon. You're on the Pete Callender Show with Nick Craig. What's going on? Hey, not much. Interesting, interesting show. I didn't realize that, or I hadn't really ever thought about the only court mentioned in the Constitution is the Supreme Court. But if I understood you correctly, you acknowledge the fact that these courts are necessary

[00:22:37] because the Supreme Court couldn't possibly take up all the legal matters that are going on in the country. Is that correct? Yeah, originally, as I understand the spawning of the district courts, it was to cut down on the case workload as the United States grew, and as there were more federal challenges that took place, they introduced this buffer, which was the district courts. Exactly. Right. Okay. And so how are those judges put into power? They are appointed to those positions. And they're appointed by?

[00:23:07] Nick, the President of the United States. Okay. Okay. And so the President of the United States get elected based on the ideas that they present to the American people, right? Yes, sir. What's your comment or question? Well, my comment is these judges were appointed by Democrats because they won elections, right? So maybe if the Republicans won more elections, they would have judges that they like that would rule in the favor of their position.

[00:23:36] Well, there are plenty of conservative judges. You can't complain about the fact that your ideas are not winning. But they're not winning. I mean, they're obviously not. If the Democrats' ideas were winning, the Democrats would not have lost the popular vote and lost all seven swing states in November of last year. All of these judges that are in place from prior wins that are now creating rights. So this is just the way the system works. I mean, you can't find out. It's not the way the system works. What do you mean it's the way?

[00:24:02] Where in the Constitution does it indicate that a U.S. district court judge has the authority to tell the executive branch how they can and cannot operate? Where is that written? Well, if it's not. No, not well. Where is it written, John? Let me finish. If it's not within their authority, then the Supreme Court will rule, correct? Precisely. That's exactly what the last hour has been discussing is when does the United States Supreme Court step in and tell these judges that they're acting out of line? That's exactly the question.

[00:24:32] I guess we'll find out. But my point is you're saying the Democrats can't win on ideas. They can't. They can only win on appointing judges that agree with them. But if they wouldn't win, if they didn't win elections, they couldn't appoint those judges. No, that's not the point. That's the argument that you're making? No, because that's not the point I was making at all. All of the issues that the Democrats are in favor. That's the point I'm making, my friend. It's the point I'm making. Don't pretend that Democrats don't win elections on ideas. Obviously, they do.

[00:25:02] Well, they don't as of late. They support their ideas just like Republicans appoint judges that support their ideas. You're just losing the battle. Obviously, it's the Republicans losing the battle as Democrats completely got their clocks cleaned in November. Thanks for the call, John. Greatly appreciated it. Thanks, John. Greatly appreciate the call this afternoon. All right. If you're listening to this show, you know I try to keep up with all sorts of current events. And I know you do, too.

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[00:26:22] Your subscription then not only helps my podcast, but it also supports Ground News as they make the media landscape more transparent. How do we go forward with the current situation unfolding across the U.S. district court level where you've got a left-wing activist judges that are being shopped by Democrat groups like the ACLU to just gum up everything coming out of the executive branch?

[00:26:46] It's a very interesting question that we are likely going to see play out at the national level over the next couple of weeks, months and potentially years as this administration continues with their agenda. Let's jump back to our phone lines. Alex is hanging on line one. Alex, you're on the Pete Callender Show. Good afternoon. What's going on? Hey, how are you, Nick? Yeah, I was just listening to the show. I kind of wanted to call in. Maybe if nothing else, maybe give my five cents or a couple of cents. So I don't subscribe to MAGA theory.

[00:27:15] I did not vote for him. But I think my point is this. I mean, you were talking about some judges that, you know, liberal judges, active judges. I mean, Judge Aline Cannon is right there available for four months of Biden presidency. So when you're talking about certain challenges not being, you know, that Biden having just, you know, a handful of challenges thrown at him versus Trump.

[00:27:42] I mean, four years you had judges, Republican judges that were appointed and they were available. I'm sure there were a number of challenges that Republicans brought in. They just, you know, for some reason they decided not to do that as much. You maybe Republicans should focus not on the fact of how many challenges, but the fact it's not because it's Trump. Maybe it's because of the kind of rulings, the kind of, not rulings, but the kind of things that he's putting out there. And people just wanted to check some balances.

[00:28:11] And for Trump to sit there and, you know, scream and yell about these activist judges, no, it's not activist judges. It's the rulings. And that's the system of checks and balances we have. Yes, you have districts, courts. They are there to take some, you know, basically load off Supreme Court. I'm sure all these cases will make it up in the Supreme Court. And that's when they're going to be a decision. Of course, now Trump is not sure in the Supreme Court because you have, you know, the, what's her name, Amy Barrett, whatever. Amy Comey Barrett, yeah. Yeah.

[00:28:41] Of course, now she's not 100% on Trump because he's, you know, well, she doesn't seem to be liking him that much. It's just, you know, it is what it is. Well, I mean, I think the Amy Comey Barrett is an example of a justice appointed by the president that doesn't always side with him. And I agree, Alex, completely with your point on checks and balances. But this is the issue that I've got with it.

[00:29:02] For example, this situation over the weekend with these flights being halted, the judge did not rule in favor of the ACLU or rule in favor of the Trump administration. An unelected district court judge put a temporary stay in place without the merits of the case being played out and being discussed. And I think that is where the frustration is boiling over with the administration. Your call and your comments on checks and balances, I think, are absolutely spot on.

[00:29:30] I appreciate it this afternoon at 704-570-1110. I agree with you completely. We want checks and balances. We want a judicial system that works fairly for America. Sure. But what do you do when you've got these judges that are not ruling on the merits? They're just immediately stopping everything that the administration is trying to do. That's a problem. Let's grab one more quick call. David is hanging on line four. David, we've got about a minute. Go ahead. You're on the Pete Callender Show.

[00:29:58] Hey, you guys stole my thunder. What I was going to say, or you guys did, is look, man, when it comes down to brass tacks, a president can defy the Supreme Court. Andrew Jackson did. They have no mechanism of enforcement of law except through the Department of Justice. So this is really a moot point. It doesn't look good, granted.

[00:30:24] It's these liberals that are judge-shopping to get this crisis going. Yeah, there's no question about it. And you're right, it's a terrible political look, and we're probably going to see it play out over the next couple of months. David, thanks for the call this afternoon. Appreciate you listening at 704-570-1110. We'll catch up on some other news with AP Dillon coming up here in just a few minutes. You're listening to the Pete Callender Show on News Talk 1110 and 99.3 WBT.

[00:30:54] All right, that'll do it for this episode. Thank you so much for listening. I could not do the show without your support and the support of the businesses that advertise on the podcast. So if you'd like, please support them, too, and tell them you heard it here. You can also become a patron at my Patreon page or go to thepetecallendershow.com. Again, thank you so much for listening, and don't break anything while I'm gone.