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![Jennings Battles Gretchen Carlson: ‘You Want Federal Judges Who Hate Donald Trump to Tie Him up for Four Years’](https://1a-1791.com/video/fwe1/d8/s8/1/D/Z/c/L/DZcLx.qR4e-small-Jennings-Battles-Gretchen-C.jpg)
Jennings Battles Gretchen Carlson: ‘You Want Federal Judges Who Hate Donald Trump to Tie Him up for Four Years’
RUSH TRANSCRIPT:
>> Do, that‘s illegal. Let me let me read the tweet just so people understand. He wrote this on Sunday. If a judge tried to tell a general how to conduct a military operation, that would be illegal if a judge tried to command the attorney general and how to use her discretion as a prosecutor, that‘s also illegal. Judges aren‘t allowed to control the executive‘s legitimate power. The word legitimate is doing a lot of work here, but we do know that judges do get to say whether the executive is complying with the law or not. That‘s that‘s been the case for decades, hundreds of years.
>> Well, I think.
>> There‘s a difference between saying whether you‘re complying with the law, and then you have these individual district court judges setting effectively broad federal policy that is specifically reserved for the president of the United States. I think we do have a constitutional crisis, and it‘s being caused by these judges. They‘re not here to tell us. They‘re not here to tell us how to spend the money. They‘re not here to set broad federal policy. That is the president‘s job as elected by the people. These judges are supposed to be settling discrete, specific matters, not policy setting. I think Vance is right. I think Trump has a point. And these judges want nothing more to continue the lawfare against.
>> I don‘t think anybody is going to be surprised to hear that you think Trump is doing this. However, just on a real important technical point here, one of the disputes, one of the main disputes is whether the executive Branch can just decide not to spend money that another co-equal Branch has said ought to be spent. So it‘s not just about forcing the federal government to spend money. It‘s saying Congress said, you need to spend this money this way. And the executive Branch saying, no, I don‘t feel like it. And the courts say you have to.
>> Well, my my answer to that simply is it is the executive Branch‘s job to figure out how to spend money once it is appropriated by Congress. And sometimes they spend money that‘s not been appropriated, but the correct political control is between the executive and the Congress, not some random.
>> I want to return to that, because that is also a major legal question.
>> But do you really.
>> Think that jd Vance‘s.
>> Tweet is.
>> Only about these district judges?
>> I think.
>> This is.
>> About no, this.
>> Is a.
>> Slippery slope because.
>> They‘re going to move on to what the next ruling is. They‘re setting the stage so that they can say that the executive Branch has control now over the judicial Branch. They‘re setting the stage. And for people who think, for people who think that President Trump has not planned all of this, he pushes the envelope constantly. There was January 6th. He has a myriad of people out there that would support the executive Branch being able to rule over the judicial Branch, because there have been no repercussions. And when there are not consequences and when there are not repercussions, you get away.
>> With it. I get it, you want you want individual federal judges who hate Donald Trump.
>> No, I.
>> Don‘t to tie him up for four years. No I don‘t. if you want a big policy questions decided, let the Supreme Court do it. But in the interim, the executive has to be allowed to govern.
>> How do we get to the Supreme Court? Can somebody.
>> Tell me? And that‘s.
>> Fine, but you can‘t tie them up and.
>> Tell it the supreme.
>> Court, you can‘t tie them.
>> Up and get to the Supreme Court by the judges ruling, things going to appeal, and then it goes up.
>> Meantime, what happens? Trump can‘t act.
>> Trump can‘t act. In the meantime, you‘re supposed to comply with the court‘s rulings. Am I wrong about that?
>> Well.
>> You‘re supposed to comply, but Scott‘s absolutely right in
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