Dave Aronberg
Appearances
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Yeah, Megan, he has more power when it comes to the purse. When it comes to Title VI of the Civil Rights Act, that's where universities get financial assistance. And that's where the federal government does have a lot of power. And the universities thus far have been slow in responding to the Supreme Court's decision.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Because there is a loophole that Chief Justice Roberts allowed that you can talk about race and how it has affected you in your essays. And you have universities like Harvard and others that said, OK, Johns Hopkins actually asked you that very question. How has race impacted you? Absolutely.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
So universities know that as long as it was the Biden administration there, that the anti-DEI would not be pursued, that the Supreme Court's decision would not be aggressively enforced. Now there's a new sheriff in town, and I would think the universities are now going to start erring on the side of being more careful than they perhaps need to be because they don't want to get sued.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
They don't want their Title VI funding cut. I think it's a tougher question when it comes to private institutions. I saw that Roger Goodell of the NFL said that they're going to continue with their own DEI practices of the Rooney rule to interview a black candidate for a head coaching position. They don't have strict quotas.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And so you're going to see individual institutions like Costco to continue to proudly have DEI. I don't think there's a lot that the federal government can do on that. They can, though, the federal government can wield a big ax when it comes to colleges and universities.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And Megan, I think a lot will be told when the Supreme Court rules on that case that came before it in December. This is the case out of Tennessee where there was a challenge to Tennessee's Republican-backed law that banned the transgender surgeries for women. young people, for underage people.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
In fact, the conservative courts can be very skeptical of the challenge, meaning that they were likely to uphold the law in Tennessee. And I think that if they do uphold Tennessee's law, which is not just banning medical treatments, but also the hormones for people under 18 who are experiencing gender dysphoria.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And so if that is upheld by the Supreme Court, then I think all the other states will have their laws upheld.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Right. But if you can have a law that says that parents are not even allowed to let their children take the hormones, then certainly you're allowed to have a law that says parents are forbidden from having their children get the surgery. So that's why this case is so important. I think that the Supreme Court is going to resolve this matter for us.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And it looks like they're going to allow bans to take place.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Democratic socialists, Mike. Democratic socialists.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
It's interesting, Megan, because they did make an equal protection argument under the 14th Amendment. And I think it is a legitimate legal argument to make that if the hormone drugs are available to juveniles who are not trying to transition or don't have gender dysphoria, but they are not available to juveniles who do have gender dysphoria,
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And that is an interesting equal protection argument to make. And I guess then it's a question of do we as judges put ourselves in the position of being medical experts or do we put ourselves in the position of being judges where we defer to the legislators. And right now, the judges are saying the latter. We are not going to try to know what's best and put ourselves in the shoes of dockers.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
We're just going to defer to the legislature because we don't want any part of this. And I think that's where it's going to fall.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Megan, she ran for governor against Andrew Cuomo in a Democratic primary, and she got 35% of the vote. That was a left-wing challenge. That was probably 34% more than she deserved to get. She's spoken out against Israel and seems to care more about Hamas than the dead Israeli children that are the victims of terrorism. But as far as on this issue, look, I am...
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
I'm glad that Mike said what he said, too, because gender dysphoria is a real thing. And I think that it's important to treat these children with compassion. I do agree that it's different when you're a child as when you're an adult. But at the same time, about 1%, about 1.5% of our country is identified as trans.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And I do think that a lot of the conversation we have is inflating that number to make it seem like they're in every corner alley, they're coming to get you. And I think that It's important to realize we're talking about a very, very small group of people. I worry about discrimination against them. At the same time, I hear you.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
I think when you're a juvenile and you can't make the decisions for yourself under the law, that perhaps we shouldn't be allowed, children should be allowed to have that surgery. Now, the hormone blockers are a little different. I get it that parents should generally have the say in their child's health, and lawmakers may want to curtail that when it comes to this area. But
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
That one's a little more confusing to me. I just think it's clear, though, on the surgery that should be when you're an adult.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Megan, it's interesting you bring up 11-year-olds. As a prosecutor, we do differentiate under the law an 11-year-old from a 17-year-old. We're not even allowed to direct file an 11-year-old into adult court in Florida. You can direct file, obviously, a 16, 17-year-old. And so perhaps that's where it should be, where there could be different rules in place
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
for an 11-year-old compared to a 17-year-old. But I get it. I understand as a parent why you are concerned. I just think since the gender dysphoria is real, and I'm not a doctor that I just wish we could come to some sort of common ground on this rather than where we are right now.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Trump is hoping that the U.S. Supreme Court overturns centuries of precedent here and redefines the 14th Amendment. And he's got a 6-3 conservative majority on the Supreme Court, so it's always possible. But they liken themselves to originalists. And if you look at the plain language of the 14th Amendment, it says what it says.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Birthright citizenship is there, and if you want to undo it, you've got to amend the Constitution. Now, I understand that conservative lawyers are saying, well, this is like foreign diplomats. Foreign diplomats are not entitled to citizenship either. That's what an undocumented immigrant is, and their children, therefore, are not citizens.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
But that's not the way that the courts have been interpreting the 14th Amendment for many, many years.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Right, right, because, yeah, the 14th Amendment has been interpreted since 1898 in a case by the Supreme Court that says exactly what we've been saying, which is if you're born here, you get citizenship, and the only way to undo it is to change the Constitution.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And as for what happens to diplomats and their kids if they commit crimes, according to my sources, which is the movie Lethal Weapon 3, I think, you get all diplomatic immunity unless Mel Gibson shoots you to death.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
So, Megan, there's a couple of factual things since this is a show about facts. Facts first. President Trump says that we're the only country that has this. There are 35 countries who have birthright citizenship, including Mexico and Canada. Number two, I made a mistake earlier when I said that it was lethal weapon three.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And Mel Gibson, who shot the diplomatic community, was actually lethal weapon two. And it was Danny Glover who then said immunity revoked. So facts first. Appreciate that.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Yes, we are. So here's the thing, Mike, and everything that's said so far is right. President Trump's right that this debate stretches from the time of slavery and the 14th Amendment passed because they wanted to make sure the children of slaves are citizens because they're born here, they're citizens. And then later on in the 19th century, we have the question, does it include the Chinese people?
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And that's when the Supreme Court ruled in 1898, which is after the ruling you cite in that case, Wong Kim Ark, that yes, Chinese too, if you're born here, you are a citizen here.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
And I'm just coming at this from a legal matter where you have that Reagan appointed judge saying that if you make this argument in court, you perhaps should have your bar license revoked because the constitution says what it says. And therefore you'd have to get the Supreme Court to either overturn
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
hundreds of years of precedent, or you gotta have a new constitutional amendment that undoes the 14th amendment.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
This is the case. But other federal courts have. I mean, the other federal courts have ruled consistently with that case. And until that case is overturned, then that's the law. That's the rule. But the Supreme Court. That's correct. That's correct. But that case has, through other federal courts, appellate courts, has been reaffirmed that way.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
They have recognized that there's not a conflict among the circuit. There's no current conflict amongst federal courts that say- Right, but there's about to be.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
So they're trying to exclude the foreign diplomats and their children. So if you are a child of a foreign diplomat, you also get immunity. And that's what they're trying to separate. That's different from a child of someone who is in this country illegally. they still get the privileges and immunities. They still get protection under the law. They still get due process.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
At the same time, they get citizenship. So they're trying to carve out this exception from children of foreign diplomats who may be born here, but they get diplomatic immunity who are not subject to our laws. They retain the citizenship of the country that sent them. So that's the difference.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Now, if you want to try to say now they're all the same, that would be a dramatic change in the interpretation.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Well, Megan, of course, if that were the case, why did he dare Tom Homan to go get him? Why did he dare them if she wasn't living in his house? But OK. Right. So this is why pencils have erasers. The governor just made a little mistake and now he's doing cleanup on all nine to mix a metaphor.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
I'm advising the governor to cease using his mouth to talk about this any longer because it's not helping him. I think, you know, there's a lot of emotion on my side of the aisle and a lot of anger. And I think that he just got caught up in the moment and was saying this stuff. Now, if he really is an undocumented immigrant living above his home, then he's going to be in trouble.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
He's committing a felony. Well, you don't want to mess with a guy that even Mike Davis fears. I got that. So I'd say that he needs to backtrack and make it clear, as his aid is, that there is no such person living in the house. There's nothing to see here. He misspoke. He was referring to a friend in his circle who's legal and was worried about getting caught up in the deportation.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Only if they catch her there.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
She's not living there anymore. If she ever lived there, I'm sure she's gone. You'd have to actually find her on his property. The fact that he said it isn't enough to prosecute him.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
I think it's probably the latter. I think that he was trying to get some street cred by saying, yeah, come and get it, Homan. You'll get in my property over this dead body or something like that. You know how they say with the Second Amendment, you have to pry my cold, dead hands off this gun if you're going to get it from me. So I just think that was too much bluster.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
We all need to tone down the rhetoric.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Thank you.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Thanks, Mike.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
No, I'm the rare Democrat who did not lose an election this cycle, Megan. I decided not to run again. It's been 12 years, I believe, in term limits. So I self-imposed one after 12 years at this job. Also, I got married, as you know, and I wanted to buy a house.
The Megyn Kelly Show
RFK and Tulsi Coast Toward Confirmation, and Trump's Legal Fights Ahead, with Dave Aronberg, Mike Davis, and Sean Stone | Ep. 999
Yeah. Yeah. So I went into the private sector and, you know, that it doesn't mean I can't do more TV and shows like yours. I love doing it. So I'm excited about the next chapter. Just means I'm no longer state attorney. More of a has been, but excited about what I'm doing next.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
And the fact that the U.S. Supreme Court has not jumped in already tells you that this is not an easy question where the president just gets unlimited unchecked.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Well, I'm thankful that there is a judge out there and judges in the appellate court who actually are trying to constrain the unlimited power of the executive branch, especially when you have these intelligence folks who apparently aren't so good at their jobs that there are people out there who were sent to this prison who are not gang members.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
And so that's where the judge should be stepping in to at least to check the power of the federal government to make sure that they're compliant with a lot of people. That's a different story. Right. But still.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Well, I'm glad that he's targeting this dangerous gang, but I'm not glad that there are individuals who have been deported who are not members of the gang without any due process. And so I actually like the fact that there are judges out there who are trying to slow down this process to make sure they get it right. And that Alien Enemies Act is not absolute.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
It doesn't give the president unlimited authority without any check. There's still Marbury v. Madison judicial review. There are still Article III judges out there. You keep saying that. Right.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
the unitary executive theory, where pretty much the president is the most powerful of the three branches of government. And I get it. And John Roberts seems to agree with that, that he was the one who authored the immunity ruling. So it is telling that that same John Roberts is not moving to
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
protect President Trump from judicial review because he knows what the lower courts know, and that is the executive branch's domination is not absolute here. The executive branch does have power, but they are checked by the other two co-equal branches of government.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
And this is the first time in history that Congress has stepped back and emasculated itself and given all of its power to the presidency, to the executive branch. So I'm glad that there are judges out there who are at least doing their job to slow down this unquestionable.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
I don't know once they're in another country. And I do think he did wrong in that they put him on the plane after the judge said, you can't do this anymore. So they knew what the judge ruled. And they were like I said, they were playing games.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Right.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Correct, correct. And just because you're in international airspace doesn't mean the judge's ruling doesn't apply to you, or else, wow, that'd be fun. Every time there's a judge's ruling, you just send the people into international airspace and then torture them with whatever you need to do. Also, no, you're right. I don't know what the process is now. This is uncharted territory.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Now that they're in an El Salvador jail, and I don't know, but... You know, there is something that we haven't mentioned yet is the War Powers Act, which is of 1973, which does show that Congress has a say in all of this. Now, what's unusual now is that Congress has decided to give up their rights to say, you know, we're going to step back.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
We're not going to have any power now, which is why I think the judges have stepped up more aggressively than Mike would have liked.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Right, right. I noticed that too, Megan. They're holding their hat on the torture because that's an infamous prison where they have been put, but not on the fact that they're in a jail to begin with. So that is something I must say. You must have found some sort of ambiguity in the law that would allow the administration.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
to deport people into prisons. But, you know, this is a notorious prison. And I didn't like, I don't know what you guys thought, but I didn't really love the image of Kristi Noem standing in front with her Rolex watch in front of those. I just, it gave me North Korea vibes. I didn't like that the United States was putting out a propaganda video like that.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Thank you. Thank you. Thank you. Thank you.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Did they just get let out?
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Now, the contract expires at the end of the year. They have to renegotiate, just like any other contract. It's a pretty good deal for the administration, for housing them. But let's just hope that they get it right, because any person who's wrongfully detained there really is a tragedy, because that is a terrible facility, and you would hate for innocent people to be sent there.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
And hopefully there will be some due process where they will have hearings. But like I said earlier, we're in uncharted territory here, and so Mike's guess is as good as mine as to what the next step would be.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Thank you. Thanks for having us back, Megan.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Well, good to be back with you, Megan, and my friend Mike. You know, Mike heads a group called the Article 3 Project. You can see it on his wallpaper as opposed to my background, which is of a St. Bernard. It's called intellectual heft. But you know, as Mike would know, Article III, which is the judiciary, does not define the judicial power.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
And so the Constitution does not limit the remedial powers of the federal courts. And so you have Congress that could step in and put in regulations and limits. But here, the judge is doing what a judge is supposed to do, and that is checks and balances, Marbury v. Madison, judicial review. And the judge here is saying that
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
You can't use the Alien Enemies Act to deport these folks without more due process because, hold on, we're not at war with Venezuela. There's not been a congressional act of war. And so we're going to put a hold on this. And the Trump administration has...
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
tried to play games with it by saying well we are complying with your your written order but not your verbal order also when you came out with your order the planes were already in international airspace you don't have jurisdiction uh you know they're they're playing games with it and and ultimately it's going to be the supreme court that makes a decision here because the law is what the supreme court says it is so so far everything is actually going according to plan you know i have to tell my folks on the left to say hey calm down this is not a coup
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
This is actually the proper way to deal with this, where the administration appeals these matters all the way up to the Supreme Court. And they have not said they are defying Judge Boasberg's order. They're saying that Judge Boasberg's order doesn't apply because, you know, it was at International Aerospace. So as of now, I'm trying to walk people off the edge.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Exactly. That's why I'm trying to say that to the folks who are saying this is a coup. No, no, actually, because they are saying that they are complying or if he doesn't have the power, that actually is a legitimate argument they can take up to the Supreme Court as opposed to, no, you do not have the authority to issue a ruling and we're going to ignore whatever ruling you come up with anyways.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
That's different.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Well, they're entitled to interpret the Alien Enemies Act. And here the judge is saying there's not been a declaration of war. And so this act does not apply, does not give the executive branch the authority to make. You're not answering.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Oh, and the executive branch has the ability to interpret that statute as it wants, just like the judiciary can say, no, no, no, you've gone too far. Article three gives the power of the judiciary to look at matters like this and say, no, this is our check. This is our balance.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
You know who decides that, Megan? It's the U.S. Supreme Court.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Only Congress has the power to declare war. The executive branch does not have- Right, but this is something different. Well, remember, the Alien Enemies Act says declaration of war, or as you correctly said, there has to be an invasion or a threatened invasion. And the president doesn't have the unlimited, unchecked power to interpret that act to say, I'm going to decide there's an invasion.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Because if you give the president that kind of power, then Katie, bar the door, there is no limit to executive power now. That's where we are.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
Megan, there are several laws at play here. It's the Alien Enemies Act, which we've already discussed, and then there are the conventions against torture. The ACLU is resting a lot also on the fact that this prison where they're sending these folks to violate federal law on torture. I don't think that's their best argument, quite frankly. I think the Alien Enemies Act is a better argument.
The Megyn Kelly Show
Trump vs. Judges, Clooney vs. MSNBC, and Legacy Media Failing in New Media, with Mike Solana, Dave Aronberg, and Mike Davis
But because of these outstanding questions, the judge has a right to weigh in and to make that decision and impose an injunction. And then it goes to the Circuit Court of Appeals, which it did. Judicial review, two-to-one decision. They said the judge did not act improperly. And now it goes to U.S. Supreme Court. So to me, this is happening the way it should be happening.