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August 31, 2020 1:00 pm
This is Jay Sekulow convention zero the race to the finish line. Live from Washington DC phone lines are open for your questions right now. You live secular.
We are take your phone calls 164, 31, two, as we discussed on Friday to get the party conventions there now over. Of course Nancy Pelosi and some Democrats. They don't even want your Bible to debate your scared to death about that and were seated right now the Joe Biden and Kemal Harris got no Bob out of their convention and it looks like present Trump actually did receive above those numbers are still coming in.
What were seeing is in some of the most key battleground states some holder showing present trouble, leading in Michigan leaving in the key.
This key Rust Belt states actually leading or tied in national polls, folks, that's better than he was ever during the 2016 election and just remember where you were three months ago when the mainstream media was say is I get a B 11 point landslide at least by Job. I was just across the electoral map and listen.
No one can predict the outcome of the election yet, but we do know is it's right now things are treating back up for present Trump and they are stalling for Joe Biden and Kabbalah Harris. And while present. Trump and Mike Pitts are actually going to be hitting the Actual Campaign Trl., Joe Biden to do a mini tour so you still try to get out of his basement a little bit wicked.
There's a lot to talk and unpack. Here we will throughout the week but you know this is also fanned the final day of our matching firstname.lastname@example.org not your my dentist could be joining the second half hour talking about a lot of our legal victories. What were working on legally at the ACLJ I were to focus your politics this first at power and government affairs with you because our government affairs team is been very busy these past few months. Even with covert working on behalf of our ACLJ members and supporters.
Yet a codependent dirt really honestly it shifted the work of the government affairs shop here in Washington DC but it's really been its dovetail very nicely with the work that we were already doing it. The ACLJ. Jordan, I think the thing that I am the most excited about. This transpired since the pandemic came upon us is the expansion of interest in Washington DC. In school choice. We can go through a lot of issues that we that get advocated for as you know, the covert stimulus bills that have come forward, have had a myriad of issues that we are interested in, and we have had to engagement Jordan we are seeing more and more members on both sides of the aisle come to the realization that federal dollars and the education space that come out of Washington DC have to be have to come with flexibility for states and localities, especially in a pandemic.
When school districts are an opening so why would you send federal dollars to school districts and and expect them to run traditional programs during there has been an expansion of interest in Washington DC.
Bill specifically that we've been advocating for in the principles in those bills. Jordan we want them to attach to covert stimulus dollars they come forward as well. A Sen. Scott Sen. Paul Congressman Walker and others have led on this and I'm excited.
I think the momentum is there. I think school choices. One of those issues that we have helped pushed to the forefront and I'm telling you Jordan, we are on the edge of scene victory on that issue here in Washington DC I think so and also across the country and we got these legal victories that been going on were still working on those throughout the country. State-by-state 48 states plus the District of Columbia. We had victories there for students of potential lawsuits coming off or started to remember some schools under my daughter just went back out today so that some of the realties are just beginning sub started a couple weeks ago of the schools are actually open.
A good person and those that are doing virtual learning also figuring out if there's more hardships to come along with that the parents made out of even predicted what you did initially contact us. We want to take your phone calls 164, 31, two, that's what hundred 684-3110 molecular biology.
This is the final day of the body to take part in our matching channel you're financially able to right now is a great time to support the work of the ACLJ noted online ACLJ.org double the impact your financial donations.
The final day to do it given to midnight wherever you are, the country make that donation double your impact. We need your support.
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The legal work government affairs work international work because of your support. Donate today double the impact final day to do it ACLJ the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom. Rejecting those for their faith. Uncovering corruption in the Washington bureaucracy and fighting to protect life in the courts and in Congress ACLJ would not be able to do any of this without your support for that. We are grateful. Now there's an opportunity for you to help me way limited time you can participate in the seal James matching challenge every dollar you donate $10 gift dollar gift becomes 100. This is a critical time for the ACLJ the work we simply would not occur without your generous take part in our matching challenge make a difference in protecting the constitutional and religious freedoms online ACLJ 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 stay in 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 pro-life cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the Obama care means to the prone life in many ways your membership is empowering the right question for mission in life today online ACLJ/Jay Sekulow live, we will be spinal they were matching challenge you to remind your log course take your phone calls 164, 31 to but just with the ACLJ has been able to accomplish it.
Just these past few months.
So during covert during with all the restrictions we been fully operational out of the notice of the broadcast went on our legal work government affairs work representing 1800+ families in the significant hardships they're facing. Because of school closures or virtual learning. Students with the need individual education plans or have specific disabilities that they need to be addressed that art being addressed. We have victories on those three for instance, we've already assigned about 1400 of these family situations to attorneys so they can go through it exactly figure out what the action would take what a family. There was indeed a during this time for adequate equipment or computer wireless divided Internet can connectivity to complete remote mode learning disabled here in Georgia with two sons both suffered from asthma. They contact us because the boys need laptops in order to compete assignments of the schools about learning platform ACLJason letter to the school after the parents request to the school went completely unanswered receipt to the ACLJ got by the peers did the right thing. They asked the school what they know what they needed to do this virtual learning but the school responded to the ACLJ letter and guess what, they provided the laptops for each of their sons simulate the ACLJ to help families in Texas whose children didn't have computers needed for distance-learning art legal teams guides made sure the parents received those resources, we were able to assist former families in California who needed help navigating childcare and student supervision issues issues and the ACLJ was able to direct the parents tip to make sure they got all the things figured out there in South Carolina. We recently sent letters to school district on behalf of two families reached out to us because they lacked essential education tools necessary for their children to complete their schools were about learning political programs.this is just as we go. I'm just going through this. This week the ACL days representing appeared in North Carolina whose autistic daughter has been able unable to do online work with her teacher with the school decide to go for fully virtual. The teacher offered to cover the home a few days a week for in person structured the school district which allowed so we are fighting back there another parent North Carolina who said and special needs contacted the ACLJ because the school is not fulfilling his individual education program schools not responded to any of his emails asking for help, where he stated but then again, we are now working with the father determine what would best be decides, needs, and they will contact the school have a feeling it will be like that. First I talked about what the parents contact the school to get no response. This is horrendous but the reality lot legal organization, contact the school would suddenly at you know if things get done at where the process of preparing more of these consider accident, Georgia, Maryland, Virginia, Colorado, Minnesota, North Carolina with the list goes on and on because were working in 48 states plus DC what I tell you that we already getting victories out of this without having to go to court that we have good court that takes longer, but remember, these parents are all getting victories at no cost of legal representation because of your support for the ACLJ because you financially contribute to the ACLJ those families those kids have the tools they need that they would not have had otherwise.
The school district was ignoring their parents because you support the ACLJ they get top legal assistance same attorneys represent the present of United States. Think about that you make sure that those who need help get that legal help without any cost to them be a part of our matching challenge.
It is today at midnight is the final day of the month August 31, and wherever you are at midnight. That's what it so if you get your donation in before midnight where you ever you are, it will count towards our matching challenge. What is that bead it means a $20 donation that you make online ACLJ.org it doubles the impact so all your charges $20 tax-deductible and safe and secure to make that donation but we have a group of donors who said threat for the every donation becomes dated March, we will match that donation. That is today is a very important final day of the month for us at the barracks or flawed justice that we can continue to represent all those families at no cost. So if you need legal help. That was constitutional, legal, and involved to represent you at no cost so we can bring you this broadcasted that they had were also working aggressively on Capitol Hill. Just tell people some about what were working on right now. I know lot with the covert relief getting the school school vouch that the pandemic vouchers things like that but there's still work being done on Capitol Hill, though it is that the Democrats but try to stall everything out you want to work Jordan and actually I look at this issue sort of two-pronged of the first prong is basically what you just laid out were trying to find real solutions for real students in real time during this pandemic so very specific action points. A lot of that legal work from our attorneys. Jordan is as children face in an interesting school year ahead in just one note on sort of that layer of it.
You touched on IEP's individual educational plans door not I have us do a son with with special needs.
He has an IEP. And I gotta tell you, having an advocate for families who are not getting what is legally required for a student with an IEP is absolutely essential during this calendar year. So I'm really proud of the work that we've done in that area, but then Jordan. The second layer. It's going to be longer-term this year has been a great example of why we have consistently advocated for the federal government to give as much flexibility to states and localities as possible because when you face something like a pandemic, or any other issue really Jordan you need to have flexibility for localities to to put forward solutions that are based on student so we are backing three specific bills at the ACLJ the A+ act, which put forward by Sen. Daines and Congressman Walker. The school choice now act by Sen. Scott and Sen. Alexander and the school act by Sen. Rand Paul Jordan Rogers Boyland out of this didn't get into the sum the nuances.
If you want to, but essentially there are a lot of funding streams that come from the federal government.
Each of these three bills looks at different ones of those funding streams and turns flexibility over the states since some of the things that you're talking about Jordan while were trying to address them now in this this school year. They would change the formula for those federal dollars. Going forward, and some of those programs you're talking about we get federal assistance and states could do with those dollars as they see fit. And by the way, one other example we supported South Carolina government governor McMaster trying to do that exact think he got challenge Jordan. We had to come to his defense on behalf of the Republicans in the South Carolina delegation the IBO. I didn't representing the entire Republican South Carolina delegation to the federal the House and Senate.
Think about that two senators and and the members of Congress is well. Led by account for Duncan. We also represented Sen. Graham Sen. Scott and you. I think it's Keith that you brought up the want you know that this idea of school choice be around every night of the RNC. There were multiple speakers talk about school choice up through evocative trump. Introduce your dad. She was the one of the final speakers that her dad present trump who said in his next term he wants to make school choice available to all Americans and we made a very broad statement we launched our school choice initiative at the ACLJ on June 24 this summer a few months ago almost 3 months ago exactly and we launch that what we didn't realize was that not only would we be building out a school choice program and policy program at the ACLJ they would did have the legal resources to fight it out in court when necessary. There would also be hit with this covert rush on what to do with education and schools and so we started, I went on Fox News.
We started taking it.
Parents who they needed help with their children and the first time I was on Fox News about 800 came through throughout that week we talked about what's on in another few hundred came through those on Fox News again about another thousand came through that the show on Fox news, died on Sunday night was Steve tilted just start giving updates about the ACLJ representing and I think were just in phase 1 of that were doing the work that we can try and settle get done without having to go to court because that's better for the kids to get them set right now, but at the same time were preparing for litigation as well about phone calls later today on at a New Hampshire that that.hopefully will be settled without having to go to court, but if not you that's always a possibility any of it could be settled without going to court that the teachers you just try to get involved through support so were ready to fight. We have the resources to do all of this because of you as you support the work they still take them before we get to the next half hour under the deck segment where are we on the second round of covert relief in Congress. Despicable OC Speaker Pelosi still continues to not engage in that negotiation Jordan and she says that she will but basically what she wants is everything that was in the House passed bill which was of course nearly $4 trillion included a long laundry list of things that she wanted Jordan United States Senate and the White House offered Speaker Pelosi a short-term unemployment insurance extension at the full level at the full $600 a federal assistance which was what Speaker Pelosi said she wanted Jordan.
She rejected it. She has taken a position I really do think this is just factually accurate. I think it's very hard to argue with this.
I think she's taken a position that blocking COBIT stimulus is good for Democrats at the ballot box. I disagree with that assessment. By the way, but I think that's the assessment she has made he has declined to come to the table.
So at this point Jordan.
There is no deal that appears to be imminent. Although the White House and the United States Senate continue to come to the table and asked negotiation right folks ready to to take your phone calls, one 800 684 31 two that's what hundred 6430 wanted Sherry on Facebook eroded at the ACLJ did fight for our right would folks we can only fight for your rights because your financial support of the ACL figure donation until midnight tonight double the impact your donation part of our August bank account instant I'd donate online now ACLJ.org how we do our only one. A society can agree that the most vulnerable and certainly 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 is called mission life 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 activists.
The ramifications of weighing 40 years later Planned Parenthood's role in the what Obama care means to the pro-life in many ways your membership is empowering the right to question your free copy of mission life today online ACLJ/the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom.
Protecting those who are persecuted for their faith. Uncovering corruption in the Washington bureaucracy fighting to protect life reports and in Congress ACLJ would not be able to do any of this without your support for that. We are grateful. Now there's an opportunity for you to help me way time you can participate in the ACLJ's matching challenge every dollar you donate $10 gift dollar gift becomes 100. This is a critical time for the ACLJ the work we do.
Simply would not occur without your generous take part in our matching challenge make a difference in protecting the constitutional and religious freedoms online ACLJ2 and eight Eastern time.
The Jay Sekulow band will have its concert and beyond the ACLJ a Jay Sekulow face Jay Sekulow's official Facebook pages at 8 PM Eastern time tonight and the bands put together, even two more new songs even during COBIT uncial see me, I'll be introducing the music and the songs even during covert year they did to new songs offered last month at the end of that matching challenge and they did two more new songs for the end of this month which is tonight 8 PM Eastern time. Watch the Jay Sekulow band on a Jay Sekulow's official Facebook page Beverly on Facebook eroded. I love to hear about your work. School choice is essential. I wanted I want to take a phone call either were to get into some politics that no my dad joins us easily go through some of the more the legal victories in the legal work.
The ACLJason working on just these final three months because this is the final day of our matching challenge in August, we argued back and ignore the news. The news about Nancy Pelosi not wanting to debate the news that coming out about basically how this racist tightened to the point of a margin of error. And you know that's not good for Joe Biden because Trump underperforms how these ever pulled this well ever gets Hillary Clinton.
So I would take some for a phone calls. First, it would get more into the weeds and politics.
Let's go to Michelle in Washington state online board.
Michelle welcome Jay Sekulow live taking my call question on the belt spoke about in singing it to the state and living in Washington state, which is one of the worst and I know we can only change its election and everything force going on in Washington state that probably will never sell on the national level where you are is that when you send these guys money help that any without going to the individual to pass the schools directly to see more money going to people who will spend it and they're not trustworthy. So can you help me with the idea here is to with vouchers specifically is to get muddy, either directly to the schools with it with dates of substate. You gotta get the money right to the schools with their flag for specific student in other states. The more broader states with vouchers at the money goes right to the families to utilize than that's what we advocate is the best school choice program is the broadest is what gives the most flexibility to parents, especially those in need state of the worry about tax credits and refunds and this and that the money just goes right to them so they can spend it on their children's education.
Kids should come first, teachers second teachers play a very key role in art are America's children come first. Teachers and schools in their budgets and units they should come second, kids first than on the and the frustration we heard from Michelle right there, Jordan, that is something we've heard echoed all across the country because typically what happens is when federal dollars due flow of people like Michelle and people who needed never to see those dollars because they go to school district with a lot of federal strings attached, and it's not always the school district fault. Sometimes it's the federal requirements that are put in place the just don't match the needs of the community. So do to your point about vouchers during the per the program with flexibility that I really like the best. On the one we that keep educated be attached to the coronavirus stimulus bills is the one that actually gives the money to qualified scholarship granting institutions and then people like Michelle and others who might want to access dollars. Those dollars actually apply and that gives those scholarship granting institutions outside of the government.
Jordan the ability to ascertain who needs those dollars bets which students need those dollars. Best not school districts not not program for which students need those dollars.
Most they compete for them and that allows them to stretch and go the farthest, and actually meet the needs of real students of the most her night were never going to advocate for the federal government to take over education for exactly the reasons that meant Michelle articulated.
If you pull that control farther and farther away from the people it will meet the needs of the people less and less that she might have some frustrations at her state level, but I would tell you Jordan.
Her biggest opportunity to impact change in this space is at that local school board level. That's why we want to push as many of those dollars to that level as possible is Jordan.
Those people are generally be responsible to the people in their community because they want to keep their seat. We want the dollars there so that their most accountable to people like Michelle Gabby exactly right. And it folks.
Here's here's the truth we got a lot to talk about when it comes to this issue not because it's poleward the debates are supposed to be.
But let's play Nancy Pelosi saying Joe Biden shouldn't even debates us that he's got surrogates out now coming up with excuses for him not to debate present.
From there, scared to death of putting Joe Biden up there against the guy who could not only take a hard punch but delivers haymaker's necklace and Nancy Pelosi. I don't think that there should be any debates, I do not think that the President of the United States has comported himself in a way dying and has any association to this data and facts. I wouldn't legitimize a conversation with him states he was delighted by the American people, who beat Hillary Clinton handedly even though they wanted to try and steal that election and utility of the dossier and all that information didn't ruin the first tried-and-true in the first three years, try to failed impeachment.
All of that, it's not worth debating the President the American people elected so that you can say why you think you're better than him. I meet you might not like any of his policies or stone call about it that what he afraid of what it is they know Joe Biden could even make a good effort. I think I think they're worried he would not be quick enough on his feet to take the punches, or even respond to just be set up there with you would like the googly eyes, not ready, calyx is like a boxer who just been punched and punched and punched over the head and that plus would even understand the questions from the moderators because we still haven't seen Joe Biden really live yet will you win it when he does interviews. He's looking down reading notes to badger present truck to that or anybody else on cable news just said okay what the question, let me read my notes for you and I'm alive on the air. Here you what to three okay okay I'll read that I'll read that already that okay which leaves the media also gave all the questions before now. The second part is this the first debate is supposed to be September 29 at the University in Cleveland Iowa at Case Western Cleveland is less than about the way that Joe Biden guys has said that he's going to debate and he's he's pushing back. He saying I actually will debate and so I think it's important to note that as AP said the Biden said last week, there's no question the debates will take place. They think he realized the backlash that Pelosi, it was really bad because then as we go to our second half hour. We're starting to see poles not just naturally basically tight within the margin of error and it so they were showing 11 point lead bite bite bite nationally, those national polls are the most meaningless. But now that that's tightened look at state-by-state there's poll showing trouble up by two in Michigan, a trump up in or tided Minnesota trump a leading in Wisconsin trump leading in Pennsylvania I be the list goes on and on. On these key states. The betting odds. The way the betting odds of change are just unbelievable.
Dave smog totally back into the direction of Donald Trump. Two things Jordan one if Joe Biden wants to be President of the United States. He's got a fundamental obligation to take his case to the American people. There's no excuse for dodging it. Although I'm not surprised that Speaker Pelosi might want him to other during your point about the polling numbers. I think that is exactly why you finally see him setting up at least a small it's not very significant, but at least a small campaign swing adjourn.
I think he saw that the numbers were going the same exact direction that Hillary Clinton's went when she decided not to take her case to the American people down the stretch. She didn't visit those places and Donald Trump were essentially won all of them adjourn. I don't think a visitor Tuesday to be enough for Joe Biden, but I can tell you this.
If he decides not to go if he takes the Hillary Clinton approach I think will be 2016 and the states all over again right folks remember final day of our matching challenge integrate multiaxial to appreciate all you've Artie donated.
Remember, double the impact of your donation by noting online ACLJ.org. You have until midnight tonight. The Jay Sekulow bad be on his Facebook page at 8 PM Eastern time will be right back my data for joining us at the American Center for Law and Justice were engaged in critical issues at home and abroad for limited time you can participate in the ACLJ matching challenge for every dollar you donate, it will be now $10 gift becomes $20, $50 gift becomes 100 could make a difference in the work we do. Protecting the constitutional and religious freedoms most important to you and your family. Give a gift today online LJ live from Washington DC Jay Sekulow and Jay Sekulow like my data sorting us down for the second half hour. The broadcasters will be taking you through most of it is against about ACLJ work, but really take your phone calls 100 684 31 kids we go the election update you will continue that throughout the broadcast disposer tightening Donald Trump is surely leading in key battleground states. Now that's just the early polls coming out post Republican convention. We now can say for certainty that Joe Biden got zero bump actually went down after the DNC convention that was after he went down after announcing Kabbalah Harris's gone down twice, Trump is on the way up and he said better place now that he was considerably better place now that he was at 2060 versus Hillary Clinton no bounces out of the convention because only get it because Job the Democrats convention was a waste of time to watch it would look disastrous to look boring it because who you're trying to appeal to their art are people who don't pay attention to politics all the time.
Don't watch cable news all the time that was not broadcast like ours outside and other symbols fell asleep there. Joe buys remarks because he was looking like this over on the screen. If you watch her face.
He is I get one Teleprompter that even the two equally to go back and forth.
The guy the only way he stayed on message. It was so monotone was because you tried stale message with the Teleprompter is by directly reading it.
That's what he does when he doesn't even live television interviews using only Colorado gave ecstatic about so they say so, but I think present Trump is going to hit the road for real and that will be a huge also a huge contrast I think it's been a disastrous three weeks for Joe Biden when it should've necessarily been with. It was capped off by this Republican extravaganza if you will that were just seeing the numbers, and results from their showing present Trump getting about tightening this race back up where you know all those liberal media pundits were like Joe Biden to kill this thing. How would we hear that before. What about averaged four years, but especially 2060 Donald Trump is no chance he is in a better if the election were held today be easily reelected easily because if you depose like he usually does it.
46 point he would be Joe Biden in like 37 states like it, Reagan Carter like like as bad as he beat Hillary Clinton all those Rust Belt states, Pennsylvania, West Virginia, Ohio, Wisconsin. What is risen right now. Do you think the risk for Trump. I think it's just you got the schools reopening. You got you got to get Tobin relief. He said a lot of that, through executive order. We talked about some of that within if he's going to do PPP on his own they figured out ways to do it through executive order that would be unfortunate that Congress could come together to at least do that for the American small businesses and the workers, and especially the. The hospitality industry yet whether it's restaurants, hotels, salons that are down it so load capacity even though they can operate there barely hanging on it so a first for anything there.
Some of the economy will be the load so I think it could be structured to different way. At this time. So that's I think the big risk is the economy does it continue on this positive track and is with students getting back to school. Are we able to handle a lot of these issues so that it's as smooth as possible but we get to November going because rocket vaccine before that code is still to be around then. So it's it's gotta be the economy that were moving forward and that's what he laid out his speech was a long speech pretty laid out point by point I would school choice, not for just the kids the poorest areas I wanted for every American. How to dismantle what we know now is our school's public school system and change it for everybody. You got the choice that's revolutionary and I think that speaks to Bob's dads across the country. Anything more so because they're frustrated with the way things have gone over the last five months and they've seen the failures within the public school system and the bureaucracy I force it because just people had it. I think that a little out of these states are run by Democrats. The Trump wits and they've had so those Rust Belt workers families. They had had it with ratcheted Michigan they had it with get out Pennsylvania Gov. It's just down the line for sick and tired of these lefty government basically officials working with bureaucrats keep their businesses shut down shut down the sick and tired of it and that's exactly what code you need billiards will reelection for your present from my folks over get a matching challenge campaign ACLJ.org and it last day and a much minute we get a matching gift for all the heavy American Center for Law and Justice were engaged in critical issues at home and abroad.
Whether it's defending religious freedom.
Protecting those for their faith.
Uncovering corruption in the Washington bureaucracy and fighting to protect life in the courts and in Congress ACLJ would not be able to do any of this without your support for that. We are grateful. Now there's an opportunity for you to help me way you can participate in the ACLJ's matching challenge every dollar you donate $10 gift dollar gift becomes 100. This is a critical time for the ACLJ the work we simply would not occur without your generous take part in our matching challenge make a difference in protecting the constitutional and religious freedoms online 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 edition will show you how you are personally publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the what Obama care means to discover the many ways your membership is empowering the right question for economy of mission in life today online ACLJ/S tonight as we do on these matching challenge months today. At times 8 PM Eastern time will be a Jay Sekulow low live band concert. It's both new material and archive material material. You haven't seen a long time and some brand-new ones with two new tunes last month. We got two more will play the two from last month really for new tunes done remotely and then some of the best footage that we've had a thing goes for about an hour hour and 15 minutes so would be short but it will be interesting. It's a great time for you to support the work of the ACLJ, I want to spend some time to blog about politics.
First, about which one thing I want to talk about some of the legal issues by doing Aslan a question first on again to reiterate on this PPP and when I met some brandy and what is the middle of the presence want to do this by executive order that may come down to insert looking like it JI mean I think speakable is gentle during this in the first half, but I think she's made a calculation that is gonna be better politically for Democrats in November if she just continues to obstruct, so she essentially J has not been willing to negotiate now what she said publicly is that if she could get something around $3 trillion she would go for that. But if you look inside the $3 trillion that she wants J it really is so much of it just has nothing to do with coronavirus stimulus that would be about the worst thing for the economy that you could do is do a bunch of spending. It was unrelated to COBIT so that's really not a negotiating posture.
I do think the President can have to continue to looking at looking at ways that he can continue to take action without the Congress because I JI mean, you know, like it or not. New dollars coming out of Congress, Speaker Pelosi's gonna have to sign off on those and even when the United States Senate has come to the table and said okay you can have everything you want on unemployment insurance. Speaker Pelosi has said no. If she doesn't change that. Posture J and is gonna be incumbent on the President to do what he can without Congress.
I Andy, I want to talk about some cases here because for those of you that are just joining us in with everything going on that you hear about. There's a lot going on behind-the-scenes you don't know let me run through a couple. For instance, seems to be a straightforward situation. We intervene on behalf of a Christian resident of the senior housing complex was instructed to remove a small cross from her outdoor garden and it was pursuant to a policy banning all religious to core. Although these crosses were really small, each under 3 PM.
I think it really, barely 2 feet on the replacing the garden appropriate way these work symbols of her face is where she prayed this part of who she is.
She contacted us and what we do is because we had a lot of these before.
Once we sent the letter to the management company that was like the HOA area with over this here would be the senior center area. They back down and would be permitted at that point to her to see the stickler out her window and the school garden area. She has, but any I bring up that case, which seems like a small case. But for though woman we were representing in the Christian retirement that home that senior housing complex that was a really big case it was a very big case because he wanted to show her belief in Christ and the belief in Christianity and this will look at the core that you but if you want to call it that, which is really a symbol of her pain to be found in violation of federal law is ridiculous so he requested that the unlawful cause to be resuspended in that our client be permitted to display or cross. Fortunately, the management company when they received the letter reconsidered policy compliant with our request and they notice to all the residents Jerry that it was worth spending the policy regarding symbol and that the residents would be permitted to display their religious decor in their windows on their doors and other appropriate spaces so that they J our clients crosses the symbol of our faith, the symbol of victory. Nika, the victory of Christ continued to stand in her outdoor garden in her constitutional rights have been preserved and this is just the one little symbol of what the ACA LJ does to attack forms of religious discrimination, and if there are people who are being discriminated against because of their faith.
We are here to help them.
There is some breaking news that we just got and that is the DC Court of Appeals has denied Gen. Flynn's emergency bid to force the dismissal of the criminal charges against him. You remember that was involving the department just coming in saying that those kiddos cases should never been brought evidence that was exculpatory was withheld improper actions taken by FBI and FBI agents and that the case should be dismissed in a filed motion to dismiss. Remember, the judge Sullivan decided to become the lawyer for much of the special prosecutor Andy, as you call them and we don't have the order yet we have the opinion it will were looking for the opinion but India apparently the federal judge can examine the Justice Department's decision to drop the criminal case against Pres. Trump's former national security advisory reaction. My reaction is one of our God, but not comprising considering the oral argument that we are in the liberal bent of the DC circuit. So this is now been spent back to Jack to judge Sullivan, who is now going to make a determination as to whether or not the Justice Department, the executive branch of government can prosecute somebody or not prosecute somebody.
This is a terrible miscarriage of justice. It is a terrible blurring of the separation of powers and I think this ought to go.
Ultimately, now the Supreme Court, but what essentially happened is that the DC circuit and the liberal majority on that court has caved in to the fact of the of the powers that would say that a judge has the right to determine who is a privately prosecuted and who is not. That is absolutely wrong.
So the next move on. This would be the Supreme Court family expect a reaction on Capitol Hill. Be on this is breaking is just a sampling of the order yet you haven't read through the order yet, but I think similar to what Andy said I think the reaction on Capitol Hill will be one of horror, I mean, look, people, people don't really have to think too hard understand this day, when the article to branch which has the power to prosecute and the defendant in the case. In this case a judge for Lent Gen. Flynn agree on the article 3 branch date must comply. I mean, there is no ambiguity there and I think that's directional here from Capitol Hill. The idea that is now going back to judge Sullivan to make a judgment. I don't really think there's anybody that thinks he's capable of it of an unbiased rendering and Jade the one of the thought that I would just give the off-the-cuff airmen going all the way back to the beginning of the day the miscarriage of justice that happened from the beginning. Remember, a director Comey just sent a couple guys over around the White House counsel's office to question Gen. Flynn violating all of his fundamental orders, and yet today even though that was how it started today. Gen. Flynn continues to fight this day that the miscarriage of justice.
No terrific coming yet, the department just is coming in saying this case cannot be brought you got the defendant of car same location not be brought in. The judge decides and maybe it should be. He hires a special lawyer to be the advocate for the court and so he can look into this phenomena have led an investigation by a judge and my thing about this was of the judge can investigate the department justice any debate exactly what comes out of me. The Department of Justice is now subject to scrutiny by federal district judge asked whether he could bring or draw prosecutions who ever heard of that. This is unbelievable. I haven't read the opinion but I trust that you know this tenant back to Emmett Sullivan who has so by himself, and if so prejudice against general plan is ridiculous. The defendant back at least send it back to another federal judge who can make an unbiased determination that I haven't read the opinion so I don't know exactly what it says is getting the opinion of the existing full force now. I'll get in the moment will get somebody to look at it and and and get some key quotes and now the next move probably would be to the entire novated Supreme Court because he wanted the three-judge panel lost in the DC circuit on en banc which means the entire DC panel which liens leans left and now it goes to the Supreme Court, where I think it will be that he should win but that's gonna take you know they're out right now so they don't even so technically what's in the probably do is file a get some kind of emergency stay or maybe she could get something heard in the interim to stop his investigation because I'm trying to figure out what business judge do you call witnesses was that even possible. What would be the process upon which you can do this territory. Unbelievable judgment make a determination that the executor should be made to call what is he going to have been prosecuted with the Gleason up there prosecuting on behalf of the Justice Department.
We have to attorney general Atty. Gen. Barnett Atty. Gen. Gleason prosecuting on behalf of the Justice Department that nine prosecuting on behalf of the justice department I can imagine. I look at the opinion look at it and I think that there were several defense. Most of them from Republican appointed from appointed judges defending opinion filed by Judge Henderson which is not devising a row over the top 20 and all the otherwise it was a per curiam decision. In other words, it was a decision by all the judges of the court without naming one in particular so that will really only got Seven recused himself there were only two doctors to judges who dissented from the granting of this really slowly and humbly by folks were taking a break we come back your calls on this. This is big news again. This is a good reason to remind you that we able to keep you updated information like this big part of the ACLJ mission is to get out information that makes a difference and were able to do that every single day, five days a week.
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This is from the per curiam majority opinion and it says that the petitioner this Gen. Flynn's first request to compel the immediate grant of the government's motion to vacate the district court's appointment of an amicus tissue is not established that he has no other adequate remedies to attain the relief he desires and then it says we also decline. This is interesting to mandate that the case be reassigned to a different district judge because petitioner is not established a clear and indisputable right to reassignment. We therefore deny the petition now in in the dissent by Judge Henderson. She said Judge Henderson writes as the majority's decision to not she says. After the majority's decision not to reassign my colleagues set an impossibly high bar for a trial judge's impartiality to be reasonably question and seem to content to read that subsection out of the United States code, even as they infuse rule 48 a with leave of court clause with enough force to upend our entire system of separated powers any that's a pretty big statement coming from Judge Henderson remembered the oral argument that will will and will have to weather a district judge should be involved in cross while this seems to me quoting Henry David Thoreau efficient in the mail.
In other words, someone is where they ought not to be and that is Emma Sullivan. He ought not to be in the middle of the criminal prosecution and and if you read the last paragraph of the majority opinion that the DC circuit that in fact it would be highly unusual if the district judge did not grant the executive constitutional prerogative to direct and control prosecution and exercise limited discretion under rule 48. Who are you kidding who are you making that statement to learn not cold out here. That judge has made up his mind that Michael pleaded guilty and he is not going to allow him to withdraw that plea of guilty and to say that he can exercise by neutral determination as to whether the prosecution should be dismissed as ridiculous as it is highly unusual if he did not live predict he's going to do the highly unusual but it finally court denies the motion. Gen. Clint has multiple annual and use of relief that he can pursue.
He has one release and that the Supreme Court of the United States in mandamus is finally determined not to be appropriate in this case I agree with Judge Henderson and Judge Ralph to Republican appointees. One of the appropriate remedy and it should have been granted, and Emma Sullivan should not be the judge in this case he's made up his mind that Michael Flynn is guilty.
Last sentence of the first paragraph Judge Henderson's dissent because I believe the trial judge's conduct apparently draws his impartiality into question because I believe for section 4455 a has teeth. I dissent right separately explain why the trial judge is disqualified from further participation in this case, you know, I'm interested fan. We know that the Durham report is or durum case.
I may not be report is is in process, and there may be prosecutions coming out about out of any inside knowledge on that but that there may be very know there's one think this the Senate particularly reacts to this precedented in our history.
Yeah, I think there's to be a counterbalance. There J limit is quickly connected couple adopts for Saul, holding my hands a document just to remind folks January 4, which was the IDC field office recommendation to close crossfire rater. This case against Gen. Flynn specifically said the FBI is closing this investigation. Of course Peter Strock overturned that J2 interesting points. I was about eight days later, that none other than VP Biden issued one of those unmasking request course we have that document which I'm also holding because of the acting director of the national intelligence. At that point Richard Grenell of the jet. Your question about the United States Senate. Here's where I think this comes into play. Just last week that Chairman Lindsay Graham interviewed Joseph P. And For those who don't know that name Jake. He was the FBI agent that was with Peter Strock when James Comey sent them over to do that interview of Gen. Flynn at the White House so look there may be some runway here. As far as the case goes. Judge Sullivan might be taking another look at this, but if my recommendation to Judge Sullivan, is to tread very carefully because the political nature of this went very, very deep. We have the evidence in front of us and the Senate Judiciary Committee just taking that that interview with Joseph P into a date when that interview goes public, as well as some of these others think Judge Sullivan is gonna want to look back on his actions and not have been conflict with that testimony because I think it can be pretty revealing. I'm just reviewing judge rows, dissent, and she said this what she says several FBI agents interviewed Flynn in the White House.
By the time of the interview. The agents already possess transcripts of the call and therefore knew exactly what he had been communicated. Nonetheless, contrary to the wishes of acting Atty. Gen. Sally Gates and ordinary FBI practice, the investigators declined to notify the White House what it been set on the calls before interviewing Flynn, the FBI also failed to notify the department that was proceeding with the interview. On the day in question that the investigators were going outside the chain of command was later admitted by FBI director James Comey, who noted that the FBI would not ordinarily have done or gotten away with such conduct when the agents met with when they failed to provide him with the transcript of the calls or to warn him that making a false statement would be a crime.
They also pressured them not to bring his lawyer telling him that if he wanted anyone else present at the meeting, the epi would have to elevate the matter and bring it directly to the department. Andy those statements by those people those agents or officers were completely false and misleading and they're the ones that should be in the hot water not Gen. Flynn set up it was entrapment of the worst kind of failure to ask him if he wanted counsel's failure to give him a transcript of the question therewith and asked him to catch him in the line to try to get him fired to try to get them indicted to try to get prosecuted it with a set of this decision is a victory for Emmett Sullivan and plead for the Constitution is seen for the separation of powers. It took the paper. The idea that the executive prosecute and the judiciary umpires. The prosecutor is a victory for one man and that the intervener in this case, the prosecutor in this case, the person who is going to make the decision as to the fate of an innocent man, and that is Emmett Sullivan and the DC circuit should be ashamed of itself for having propounded an opinion like this. It is terrible.
It is horrible it is that the paper, the Constitution will see a course in the days and hours ahead, how the response is from Cindy Powell is an exceptionally gifted appellate lawyer. I'm very disappointed not shocked but very disappointed in the en banc position. I know that I'm sure. Next will be a move to the Supreme Court of the United States. I would suspect that Barry Gandy's case in all its courts very because we learn board. We know so very, very closely divided may come down to how Judge Justice Roberts use the Chief Justice Jesus one. But the idea that the judge could become the prime still trying to grab my hand around this Andy and just really a lesson a minute or so due to some 50 to how does the judge conduct this hearing to remake the ongoing thinly appointed as the prosecutor in the case because witnesses he makes a mockery of the judicial system. That's what horrible horrible system. Judge Henderson's dissent is what she says. The trial judge's extreme conduct throughout this case, culminating in his decision to ignore the written and instead to seek en banc review demonstrates a clear inability to render fair judgment. That's why the ACLJR job is to protect the Constitution of the United States and you can be part of that team right now supporting the work that Dan Bennett's office in government affairs does supporting the work of our lawyers are handling these FOIA request to get to the bottom of the deep state dozens of cases filed and litigated, whether it is broadcast right here, to each and every day. This is the last day of her matching challenge is listening by radio or by our social media platforms support the work of the ACLJ. Any amount you donate stubbled that's ACLJ.or glass. Do it today.
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