WWL>Topics>>7-31-14 11:10am Garland: on the GOP's impeachment plans

7-31-14 11:10am Garland: on the GOP's impeachment plans

Jul 31, 2014|

Garland talks with Roger Pilon of the Cato Institute and Genevieve Wood of the Heritage Foundation about the Republicans' talks of impeaching President Obama.

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Automatically Generated Transcript (may not be 100% accurate)

Said we have to do nothing congress doing so they're talking about impeachment. Of the president. They're talking about lawsuits against the president. Except. If you talk to the wounds had in the groups that are talking about those things. They say we're not talking about those in. The president is claiming we are and ordered to. Brady's donations for the mid term. So. -- all that said we tried mightily. To get via. Liberal side of the low -- open congress. And were not able to duke but Roger pupil. Director producer and -- constitutional. Studies and you know. Said he would give us a few of his minutes Roger thank you so much appreciate it well you're quite. Long live let me start with the lawsuit personal than that we were removed compute. What are you get what's in product of suing the president appears successful. Was you -- did you have moved his daughter's trust fund. Well look quite that but you -- -- point to one of the more curious aspects of this because. Essentially. What the big -- in terms of the proposed student. They've just yesterday authorized to do with that doesn't mean necessarily bring instant. But to him were -- to do and so. It would be presumably. Charging the president -- Failure to see that the laws be faithfully executed. And more precisely because they really want to narrowed this down toward complex legal reasons. To charge him we have failing to carry out the employer mandate. -- obamacare. Which the president. Failed to do. Because he knew that there would be an uproar. At and so he postponed until after the mid term elections it was a crash. Plainly political move on Obama's part. Now there's an irony here. Because of course the Republicans. Don't want to -- obamacare implement that they just it's replies. As they're calling upon. The president to implement it and it's so that is the. Point above the Florida lab for the movement in the screws us. And what do you -- At the time early hours of very serious issue here and it is that we currently under probably the most lawless president. We have had ever and and he makes George W. Bush look like a punter he has. Done through executive order and executive actions of various kinds. The kind of loss making that is reserved to congress. In fact the -- First sentence of the constitution after the preamble says. All legislative power hearing granted Shelby -- it in the congress will congress in its infinite wisdom. Passed obamacare. And there and win and in widgets and Nancy Pelosi -- also that we decide what's in the and that's what we have to pass. Of course they didn't read. And so we're finding is that it is for all things that you don't make any sense or can't be carried out. Or bitter politically unpalatable. And so he has been rewriting it I -- at last -- 38 times the key as we -- Mr. Richard -- he doesn't have authority to legislate that belongs to congress so citizens the very serious issue. That is at play here and so the question becomes what are the means to address that problem. When -- back to the rugged and acquaintances correct. Obama mostly in his first sermon a 183. Executive orders towards towards tuna any one Bill Clinton to -- six report. Ronald Reagan 381. Is the big issue. That what they did was not illegal -- border Obama is doing is. Well you've elected frankly was indignant about 3002. But. And he. The. That is the point the point is. The nature reported. A means a lot to these executive orders are perfectly innocuous they deal with the administrative matters in the agency for example there's no constitutional problem whatsoever. It's in what is done. Now takes just the one that they're going in early focus on in -- -- -- Namely that failure to. Provided to impose employer mandate. Under the terms that we provided. In the in the in the statute itself. So here it is clear case of its failure to see that the laws be faithfully executed which has to do these. That presidents out. Now you hurt in yesterday's game by doing my job I'm helping the people that's so true it's a church. To help the people his job is to faithfully execute the laws. It's the congress' job to pass legislation that may or may not as the case may be helped people. Aren't -- groupers break and come back let's go back to the original question. You give the Republicans or successful. And they sewer and where is that meat which could do is go to and what happened that that. Governor right back of mobile brigade seventy -- 53. Big Brother is here our daily double of the Oprah did you -- opinion poll as you should President Obama be impeached 60%. Say. -- -- We have Roger control whether it's he loan and Soriano putting cordial. Accident there appeal. Director percent but the colts improved studies at Cato Institute. Roger. Some Republicans want impeachment. All of them seem to want. The president should be sued. If they're successful. What court does that go through and then again that there's successful. What happened. Presumably these two would be -- to -- federal district court. And they would have to first get over that standing. We mentioned which is complication. And it's relatively problematic. In this case much. -- to get to your question if they were bigger movement that. And they would -- the merits. That presumably the court would first -- declared unconstitutional. The president's unilateral. Suspension. Of this provision in the Affordable Care Act namely the suspension. All of the requirement to mandate. Employer mandate. And then they would dip to vacate. Field. An existing. For executive branch measures. That led to the suspension. Didn't whatever the orders may be it president issue. But it would also probably would issue what's called a writ of man demons -- in order to the president. Two stereo that. Now supposed to president gets such ordering just poems as well isn't -- the importance of this president has been all that unbounded. He after all essentials so. And at this since very real possibility with this president's war where there's going to be considered here. And this has happened to be considered -- And then since the kissing is gonna take some time to work its way through the courts even its citizens. Dismissed on standing -- I mean it wouldn't be decided. Until that the district court level in all likelihood until well after the mid term elections. And that the Supreme Court maybe three years down in the world so we're not looking at some immediate remedy at all. And this is this raises the concern that I. And that's that's. Well right now the focus. Going into these mid term elections and so on which are fewer than 100 days away. There's all on the incompetence. Of this administration. -- the if CC. So it is brought. Shift will be sort of the focus will be shifted over to what the Republicans are doing and assume. And whether it's gonna succeed. And it will be a distraction. From the main event which is to say this administration's. Dereliction of duty that's -- deeper concern. Two let me go -- -- -- more -- and -- -- -- third successful with the suit. The court could order -- Obama to undo what he did with the executive orders that. That's why can't. Order him to do it should've done so under the law so that they're -- global war one era could could that bring that back down. -- well. No. Not immediately because. Just the point. -- UT and the man is to go into effect after the midterm elections. So -- will go. Before. Any court. It'll decision. To go into effect. So. It is kind of triplets from that point of view I think what's being done yours if you want candid opinions is that. Both Democrats and Republicans are churning out this talk of impeachment and of this to mobilize their base. -- button again my fear is that if they do Boehner does actually brings. It will shift the focus. On to this in and away from the record of this administration. You know you wrote an article suing the president immediately. Ruled legal lightly on wide. Explain to -- under the constitution's. Case or controversy. Walls. The case or controversy clause. -- of the constitution requires. That. You had me read you. Case before the court will hear you have to have stated. And they are three elements stand first -- you've got to have an injury. And plaintiff with a real injury secondly it's going to be called by the defendants and certainly. -- the and it's. The court. Will be able to redress that injury and that's part of the problem meeting that three. -- prong test that the. The post is facing right now. That's theory that it is pressing. It is has got four part simply that I'm will be glad to go into that he would do to get into the tall grass -- spots. Nonetheless you're listening to -- one. -- here it is first of all there's got to be explicit legislative authorization and that's exactly what happened yesterday. Secondly there's been no played probably plenty -- available but it's not -- currently clear that that is the case from the failure the president. To engage in what is called this benevolence suspension the theory is that by not. And -- enforcing the employer mandate he. -- -- -- did not impose upon the people on the onerous. Restrictions of the obamacare. But of course there are other people who might argue that they've won -- that impulsive that they could get the insurance that the employer is required to them to them. We give them on demand. The third criterion is that does that then there's no political self help available tricky one runs something like yes. The president. State. That congress has the power of the purse. While they can -- hole -- the president's. Money. Two in this this. It's mandates. That's a look at what they've won in Q enact the mandate. And so withholding the -- -- noble -- be applicable in the case like this and then finally there is the nullification. Of institutional. Power. And that's the institutional injured that congress is effectively rendered. -- list if it passes statutes and the -- and the president will. Enforce them. Then it is essentially. Makes congress' power ball -- That's a serious in that -- that is constitutional. Problem. But it is it's reached that was to be addressed as well. And they have to be addressed because courts are generally reluctant. To get into battles between the political protections they liked the stale political disputes that remain. The non political branch of our government. We just have a commercial that ran her and they said quote. Bureaucrats in Washington mess of everything they touch. -- or for the rose. That -- pox on both houses. -- is this maybe a good thing we're dude did to Butte college by the Joker. And they don't doing your thing tar Curtis. Well yes there's a great deal of the beast -- that. And there is there are problems to. April the constitution. -- to maintain them after it creates government to ratification. It empowers government to do things you want to do and it limits government from doing things you don't want to do. So there is the case but -- do that says that. That's right and ended the first it is it is they they do things they shouldn't be doing. That or if you do do so -- Deal. But god it's good to see -- back and try to stick to trust to do so little understood today we talk about gridlock in Washington right. That's right in that in the constitution itself. The question why did gridlock because he wanted -- -- I overstated. He wanted. The possibilities for gridlock because it's the way you keep government from doing things that you don't want to do after all. In -- and -- -- 45 that the powers of the new government would be Q and he plotting to. I -- worsening Poland Tuesday believes the powers of the government are few and defined and so we got a situation where. We'd like government to do a lot more in taking. All that's put out there in reducing its side so insofar as gridlocked prohibits us from getting rid. Of obamacare for example. While it's about it would take but insofar as it prevents us from doing more sinister or congress from doing more districts it is a good thing. Well -- -- Madison wanted gridlock in Washington warned against two parties. Were halfway to being the great government. The Roger I appreciate -- because and a big complicated we need to write down of what's going on and you're a solution -- -- -- thank you know much I appreciated that talk. Drew to launch director of personal coached him -- studies that ago. And for you to would have liberals in the audience that we Zia and we. Rangers. To yet. Three different organizations it can be labeled liberal incumbent. Couldn't get a about -- and so companies object will talk to the slightly right heritage and welcome back we're continue your instructions on lawsuits against President Obama and put to control impeachment against President Obama. Review on the big board and Georgia's giving summer. -- time -- show. Senior contributor to the -- signal Heritage Foundation. That would thank you I appreciate your calling it. I'm a little computer you -- help. Every -- one side -- -- what was to holds. 57%. Of Republican voters supported impeachment field and 68%. Supported. Our load official poll here says six and 3%. A Republicans. A report. And we've got represented the bar a little pour it. Current role for a Kingston forehead. Andrew McCarty -- back Matt Drudge former congressman Alvin whereas Sarah Palin. And then a got a house public chairman Paul Roland. Mocked this suggestion that Republicans. Might pursue -- 200 proceedings. And so Obama's miss needs to do not rise too high crimes and misdemeanors. Level. We're -- it's -- war of the of Republican Party. A well I think you know a lot of two do -- -- things like getting into it -- to -- people who could actually vote one way or other on impeachment. And their people to understandably are area that with the way the President Obama has handled his office -- -- I don't think your letters probably -- here that. The number executive orders he put forward to the unilateral actions he's taken whether it's spent. Obama care or immigration. Laws he likes he enforces laws he doesn't like he doesn't force. Kind of makes up laws that he wants but he can't get through congress. And that is the role of the president executive orders currently Goldman could be wrong but most of what he's doing it. Certainly that the the foot if you will come and he posted fourth law congress -- estimate on. But I think whether I'd what he's gone right could -- up or impeachment is questionable. I think he talked a legal scholars that I've talked legal scholars here can hurt -- foundation. And secondly -- apology that you're you're you're on -- put Republican voters when you. -- the vast majority that the majority of Americans don't -- impeachment. And actresses impeachment would solve the problem portrait call. Opera with impeached. Many a few years ago and the senate that would actually controlled by Republicans. Could not get the sixty that they needed to uphold it. Democrats currently control the senate today -- have been even far deeper ideal -- needed right now. And let's talk about executive orders. And let me preface this by -- numbers from New York Times in the words could be chart from below the world's. Uh oh bubble like now Holtz mainly in his first term. A 183. Executive orders towards W bush to deny any one Bill Clinton 36 report. Ronald Reagan 381. What what's the deer prints in Barbara ball was done with the executive orders. Burris sues the other presidents did did they not doom. Did this could brake pedal. Well here's the issue. To order president has the ability to do it. The question is how the use pot it's not all that you do it it's kind of executive orders -- you do. President Obama for example with Obama McCain or air part this -- your listeners that was passed by congress. I don't believe he has the authority as an executive. To go in after -- passed say well we're not -- implement this part of that because now that's a problem that it's gonna make the whole wall workable we do about it. Should've thought about that before he passed the law needs to be changed in congress ought to be the ones to demand legislation. Not to the president deciding what we're not going to be as part of the bidding war. He said the same thing with immigration. Parts of wall that had been passed in the past before he was even president. That he doesn't like he directed the department of homeland security and other agencies under the president's. Not too. Some of those laws to enforce criminal laws specifically related to say deportation. Well again and feel like the law I understand that but we have debates and votes in elections in this country. But that goes -- -- congress that we -- but -- congress' job to bed not it is. And get back where I think people our our rightly pointing now the way to president Obama's chief executive orders is quite different in the way. George Bush even if you look at the that the Clinton record and actually use them. -- -- the sake of first for a -- come back a little -- book about the lawsuit. I don't give -- word as target by oh what's the ultimate public what what happens if Supreme Court. Agrees with Barry -- -- -- lawsuit. What's the end game of the lawsuit -- -- right back double to build bigger celebrity and moral -- to Rea. Player and so and suing the president and plans on impeaching the president cup forward finger at about it and nothing tying. We have -- Jill derby aboard where this senior contributor to the dailies ignored Heritage Foundation. Who worked. If -- -- did explain to me what the laws who took would would be about and what would be the end boards all ball well what happened. If the court ultimately said. Well the first although the lawsuit. The help that it yesterday. That he would bring a lawsuit against President Obama saying he'd overstepped his legal authority and specifically -- Affordable Care Act -- the -- we just talked about earlier. Because each may change the laws that he should've gone through and made a judgment now. At last night the help that it 225 to one. -- Boehner the right to pursue that actually file the suit. And now the question is will court take it out and there's a lot of there's a lot of questions about. It's not often one or tension. The government take the ticket offices in the legislative invite burst of what had happened. -- -- -- Stay right out west Virginia's actually doing. The bombing ministries it's strange and also over -- Obama care. Issue. So you practice for states doing in different bridge is doing but it's questionable whether they will take adopt and if they do -- -- to go to the court proceedings. -- that that happened it's anybody's guess it depends on the court to court decides. Little old saying goes through not only goes through but it's accepted that lipped it goes all the wedge in court. And they assert your right -- he exceeded his authority board what happens there. Well I mean I don't depend on think that the exact rule right but it could happen is that he's. The court -- the president overstepped his down. And in this case specific one that he said Peters brought into line. Would probably have to be rescinded not a -- he'd have to take that back which would be a problem for Obama care. A debate is dealt with -- you enforcing giving employers originally the kind of one year reprieve -- having to enforce. Apart the Affordable Care Act. And and he later went on or provide the whole law think players you know between at a certain size would have to applied even after 2016. Making those kind of changes. He did because the wall was not workable and it like sent affordable -- currently applies if that had to go back can be changed. And it could you know could be real damaged the law itself so. Other president has ever concerned wanting you to go way. And I think that parties -- likely hear both Republicans and Democrats talk a lot about it and elections come out. -- during an expert on where you and it pointed out that matters and liked gridlock. -- that the government was set up for a group blog under -- as little as possible that in. Where Washington warning us about having a second party. Would we're looking at the gridlock in the constant screaming back and forth. Is is that a good thing for all -- keeps him from doing unit and. Well it doesn't think on at the Washington tactic you acting stood side bottle is supposed to grow pot. But that but the truth and look we we have two parties and sometimes if history we have you know libertarians who run -- well. People have to believe that the government should be. They look at the constitution. To -- people interpreted in different way. At a victory healthiest country at the democracy. That we have these today to that we -- that we need to -- air now that ultimately you have people can make it if they're not happy with how it's going. To elect. You are born one side or more on the other to put forward the agenda they want and you know right now at a fairly divided government. Frankly I think that the way to founders intended come -- today. Correct me if I'm wrong except in the -- war it's never bitter and divided to such deployed wherever you don't get anything done -- I'm not being facetious. A lot of -- thing to be particularly in the red states. Or beginning to think the less they do bullish problems we have and Indy is that. Vision will start. And embraced. -- -- Think they'll last that Washington -- with future. Spending and tax increases and regulations and Walter is probably very good thing the problem as. We have certain laws currently on the books today we did work we're active Asian. That based on laws we pass in the past whether it's spending entitlement she payment. That need reform because they're spending and to what party intact and it didn't -- to a real hole. Eventually. Congress has got to deal with that the president the country got a deal so. Even if we stop -- any -- new laws. You've still -- the past that is is is causing some serious problems. That we need to get a -- -- as well so I don't think we can get shot Washington down to go well that's -- The board that states can do on there -- with luck this year from Washington and he's CNET and amber Wright state agencies in taxes GC and few of the places. That I think that's. Maybe giving people ideas hey you know what we run the buyer -- we need a lot of help from the folks in DC and that probably about things for people to get it. -- reports or the president is currently planning another executive action concerning immigration. But could apply it to I think pollute potentially millions of apple pity is that gonna raise the impeachment flag to where. The Republicans get on board. On idol of the batteries the impeachment one of the denial as it's any different than what else he's parties to. I mean I think -- -- he's made some pretty important decisions when it comes to immigration. What you're talking about it where he would come forward basically say. On any child. Or is that -- who is born in the country their parents are legal if they're born this country today by Asia being -- -- American said. And what Obama talking about doing it say okay. All children even if their parents -- or illegal we're going to get their parents legal status. But they work permits that they can stay here and support to be up to five million people. Does -- eight and twelve means that we -- here in the country illegally that would probably applied to about five million apple. Added an absolute outrage can basically amnesty. -- five million people immediately. With no action taken died by congress but what he couldn't even afford amber. I mean there aren't in the congress can do the problem nation that to happen at a house and senate willing to come together to do the example. Profits right now. I'll post election you'd make and they can check mate the president a whole lot of these things to make the point. And the peace that it would signal. You know I don't think impeachment interacting November at the cancer. And voters have the opportunity. To check the president is safe and a united front -- Washington. Well we have enough and broke between those two groups -- the -- Pope currencies at. And -- Catholic miracle thing that it can be clear to everybody enjoyed the compensation thing. Governor right back doubled up media -- celebrities immoral applaud the -- Welcome back. That are only of your -- of birds have power. We have an X -- from the Cato Institute a libertarian. And we were -- talking about the possibility. Of that drug congress was consumed the president and the possibility. Congress would try to impeach a president. And in the conversation. He's said we're you know Madison. Should be gridlock. It's a good thing. It is what the constitution. Itself up for to have a minimum of government. So elected not important to -- did call the leaders being that. Serious thoughts about America's founding fathers can temporary political literature or religion and -- -- of the though. And the topic -- gridlock is a good thing. It's agreement we have worked for and it's attributed to James Madison Federalist papers number ten. Interesting. Note that dub -- video coming rented.