Let not your heart be troubled. You are listening to the Sean Hannity Radio Show podcast. If you're like me and suffer from insomnia, you know what, that's not fun. You know I tried everything I couldn't get a good night's sleep. And this is neither drug nor alcohol induced. That's right. It is my pillow. Mike Lindell invented it and he fitted me for my first my pillow, and it's changed my life. I fall asleep faster, stay asleep longer, and the good news you can too, Lea. Go to my pillow dot com promo code Sean and take advantage of one of Mike Glendell's best offers, his special four pack. You get fifty percent off to my Pillow Premium Pillows to go Anywhere Pillows. My Pillows made in the USA, has a sixty day unconditional money back guaranteed no risk to you, and attend you warranty. You don't want to spend more sleepless nights on a pillow tossing interney that's not working for you. Just go to my pillow dot com right now, use the promo code Sean and you get Mike Glendell's special four pack. You get to my Pillow Premium Pillows to Go Anywhere Pillows fifty percent off, and you'll start getting the kind of peaceful and RESTful and comfortable and deep, peeling and recrupitative sleep you've been craving and deserve. My Pillow dot Com promo coach on Justice Anthony, you know who I'm talking about. Justice Kennedy will be retiring. And he is a man that I've known for a long time and a man that I've respected for a long time. He's been a great Justice of the Supreme Court. He uh, he is a man who has displaying great vision. He's displayed tremendous vision and tremendous heart. And he will be missed. But he will be retiring, and we will begin our search floer a new Justice of the United States Supreme Court that will begin immediately, and hopefully we're going to pick somebody who will be as outstanding. So I just want to thank Justice Kennedy for the years of tremendous service. And he's a very spectacular man, really a spectacular man. And I know that he will be around, hopefully for a long time to advise and and I believe he's going to be teaching and doing other things. So thank you to Justice Kennedy. Thank thank you who you pick to replace himse So we have obviously numerous people. We have a list of twenty people that I actually had during my election. I had to twenty and as you anno, I ended five a little while ago. We have a very excellent list of great, talented, highly educated, highly intelligent, hopefully tremendous people. I think the list is very outstanding. When I was running, I put down a list of twenty people because not being a politician, I think people wanted to hear what some of my choices may be. And it was pretty effective. And um, I think you see the kind of quality that we're looking at when you look at that list. Uh. But I did add I added five additional people to the list, so it will be somebody from that list. So we have now boiled as aunt about. All right, there's the President making the announcement today that Anthony Kennedy now has decided to resign. There is a vacancy at the United States Supreme Court as he steps aside. No doubt, the predictable, content contentious fight looms. We're gonna play in a minute. Remember remember when Ted Kennedy said about Robert Borke, this is what they do. Remember what was said by Clarence Thomas. Will play some of that for you in the course of the program today. But you heard the President now saying that he intends to choose his nominator or place Justice Anthony Kennedy in the same way that he chose Neil Corsage. And we see the importance just yesterday with a five four decision on the travel ban, and there does it does bring into play a lot of political questions because if you go back to the election in and especially the never Trump or superior intellect crowd that thinks that we're dumb, we're stupid, and they're brilliant and their geniuses even they can't even find it within themselves, many of them to admit that Donald Trump is governing as a conservative. And the President during the election was very very clear about the type of person that he wanted to put on the court. Uh he talked about his two favorite justices being Antonin Scalia and Clarence Thomas. He talked about the philosophy of originalism as opposed to the liberal leftist wing of the court that actually would even go as far as citing foreign law law to justify their decision making. When a fact that a religions originalists actually believed believes in the interpretation of the Constitution, You know there, it's this is a very, very, probably one of the most important things a president will do. The impact of the president's decision here will impact the country. It will be their everlasting legacy that goes on sometimes twenty thirty, forty years or more in terms of court decisions that impact the culture and society of this country and the rule of law in this country. And the fact that there are some that wouldn't even rely on our own constitution in the process of making a decision should be alarming to every American. The president is not looking for a judicial activist. He's not looking for somebody that believes they have the power in the authority to legislate from the bench. He's looking for somebody that believes in coequal branches of government, the executive branch, the judicial branch, uh and of course Congress and the legislative branch. He's looking for somebody that doesn't want to usurp the role of the legislative branch or the executive branch, and somebody that interprets the Constitution and its true meaning and what our founders and framers had as their intention and when they designed this great democratic republic of ours, because it is a republic, it's a constitutional republic. And so um, I think that Neil Gorsuch has of now has been a pretty good pick. It's interesting when you watch Kennedy, because you know, Kennedy, I'm I'm looking at the backgrounds and the voting records of the so called conservative five that are on the bench right now. And you know, one of the biggest disappointments I thought we had was with John Roberts says. You know, he was, you know, the Chief Justice is ruling on how Care and we were told that he he had actually been on the other side of that vote, which would have demolished Obamacare at the time, but he changed at the last minute because he didn't want the Court to appear to be politicized. Well, that in and of itself is not sound judicial practice in my view, but it has been the only time, by the way that he has gone along and sided with the courts more liberal uh wing of the of the bench. And that would be uh Sonya sotomayor before her, David Suitor or Elena Kagan and you know before her, John Paul Stevens and Ruth Bader Ginsberg is hanging on and Stephen Bryer. I mean that we have a very very solid left wing you know, left wing if you will, or let's just say liberal justices on the Court, and there's four of them and they vote as a block, and they rarely show independent thought. Anyway, that was the one time that Justice Roberts went with the courts more liberal half. Clarence Thomas. Over the years, he cited only two times with the liberal half of the court, and he found that in one particular case under maritime law that an injured tugboat worker could seek punitive damages from his employer, and in another case and injured locomotive engineer was entitled the damages UM. And I don't remember the specifics of those those cases. Um. In the case of antonin Scalia, I mean there he and Clarence Thomas has never been a keener you know, legal mind than his and he was literally hated by liberals in this country because he had a consistent judicial philosophy and that was one of originalism. Gave a great speech once on originalism. I remember playing it right here on this program. Two times though he did side with the courts more liberal half, and in one case he found that a defendant who had been wrongly forced to accept a lawyer was entitled to have a conviction overturned. And before he died, he had ruled that states may exercise supervision over banks in addition to federal regulators, which I don't really off the top of my head think that that in any way supersedes his consistent judicial philosophy. Samuel Alito, Well, he's never ruled with the liberal half of the court, uh in any five four decision. But if you look at the case of Anthony Kennedy, well, in five four decisions just since two thousand and five, well, just as Anthony Kennedy has now joined the courts well more liberal half about twice, you know, twice as often as for for example, he's joined the courts more conservative half about twice as often as the liberal half. But that's twenty five specific instances where he joined the the more liberal half of the court, and for example, in a case involving the handling of detainees at GITMO and a death penalty case that was very high profile and in Texas, so nobody ever kind of knew which position where he would come down. Not that you could ever really read the court. I mean sometimes we hear there's are these arguments and it sounds like they go in one way, and really they just kind of, you know, involved in an intellectual exercise. You know, there's a lot of questions about whether or not that we should have cameras in the Supreme Court when arguments would be a man, I don't think it would be educational for the American people. I've listened to audio of enough cases. I mean, you know, every justice has their own way of handling cases. I mean sometimes the the attorneys in the case, both sides, that will begin their arguments, they don't get three words out of their mouth, and the justices are jumping down their throats because they'd read the brief before they ever walked in the room. And then literally they will push and push and push. It's fascinating to watch. And I think the person that has been best and most entertaining and frankly had a wicked sense of humor and a keen intellect was Scalia. And interestingly, Clarence Thomas, he just sits back and takes it all in and and he's very just watches the process unfold and does his research and writes amazing opinions or dissents, whatever that happened, what happened, whatever happens to be the case. So he's fascinating to watch too. I'm getting very interested in Samuel Alito as well. I think he's been pretty amazing. John Roberts and know took a lot of us that are conservative conservatives off because we couldn't believe the decision as it relates to healthcare. But there's gonna be a fight now, there's going to be a fight. We don't use the term warked for no reason at all. Now, Roberts, America is a land in which mentioned would be forced into back alley abortions, Blacks would sit at segregated lunch countess rode police could break down citizens doores and midnight raids, and school children could not be taught about evolution right as an artist would be censured at the whim of government. Yeah, remember that all of what Kennedy said was not true. And then Robert Bourke you know, his big mistake as he actually wrote about judicial philosophy and wrote ideas, and then Kennedy smeared the chap Aquittic Kennedy the guy that left Mary Joe Capetney at the bottom of the chap Aquittic River when he drove the car off the bridge. And he went home that night and told nobody that Kennedy that got away with all of that, said all of that about Robert Bourke. Remember, I'll never forget, you know, Clarence Thomas having to defend his name and honor and the absolute sciousness of of attacks against him. This is a circus. It's a national disgrace. It is a high tech lynching for uppity blacks who in any way deigned to think for themselves. And it is a message that unless you cow tow to an old order, you will be lynched, destroyed, caricatured by a committee of the U. S. U. S. Senate, rather than hung from a treat One of the most powerful moments of testimony I can recall in my lifetime, and one of the most vicious, vile, unfair attacks against any one individual and injustice Thomas's case, because he happened to be uh an African American that was a conservative. It was vicious. If you've never read his book, My Grandfather's Son, read about his life and his background, and you're gonna find one of them most amazing American stories you'll ever read. It's an incredible story. He's an incredible man. Probably has the funniest laugh I've ever heard in my life too. On top of everything, I think I should share this with the audience, right, why not? Why not? Just you know, we tell them if you share it, just leave names out, all right? Leave the names out. So I get a note from a reporter at one of the fake news outlet papers. I'm not gonna say which thing. Hi, Mr Hannity, hope you're doing well. First of all, that's a lie. This guy has hated me forever. True. How many hit pieces can one person write about me? Well? By his taking into like what is it's like every other day? I just wanted to see if you had any comment regarding the reports that Bill Shine, your former colleague at the Fox News Channel, is close to being named as communications director at the White House. I was interested in knowing whether you had put in a good word for him with the president, whether you discuss the matter with Bill Shine himself, how well suited you believe he is for the job, and just anything you might want I might have to say about it. Thank you for any consideration. So I wrote back to the person, as you already know, so and so and so and so are in charge of Fox public relations. Please follow the process that has been in existence for twenty three years before you write the predictable hate Hannity piece. Thank you, Sean. Now, I think that was being polite, especially considering who it is. By the way, we gotta give Linda some kudos here before actually eating normal food. Does that toast and eggs. This is the first day after something really nice. I can't believe it's not something putrid green or putrid orange that like, is a pure a of some kind that you're throwing into your body my first and only meal today. I hope it's delicious. Um. Yeah, Bill Shine, I think and I see it up on Drudge right now that says x Fox News boss Bill Shine and talks to come become Winehouse communications director. If that's true, I think it would be great because he's great at his job and he's one of the smartest people I've ever known, and one of the nicest people I've ever known. As far as what I know about it, it's if I didn't know anything. It's none of your business anyway. How's that? Remember, everybody want to know, did you go with nuke Ingrich? Like I'm not. I don't reveal private conversations with my friends and and maybe some sources I have. If it's true, I'll say this, it's a great choice. Quick break right back, all right, twenty five now till the top of the hour. One, Sean, if you want to be a part of the program, you know this is a great question. Let me go to Sean Is in College Station, Texas, because it's actually exactly where I was gonna go next. But I'll do it in the former of a question. Um, how are you Sean? Welcome aboard, Thanks for being with us. Hey, Mr Hannity, I'm doing great. How are you doing? I'm good, sir. What's happening? Uh? Well, you know, I'm in Texas. I love Ted Cruz, and I think it's time to to make Ted Cruise the next to uh Justice on the Supreme Court. I like Ted Cruise a lot. I would take Ted Cruise on the Supreme Court any day of the week. I think Ted Cruz is an honorable, smart, principled man and I like him a lot. I know he got mad at me at some point during the election, but but he's but he's been back on this program many many times. He's been a big help to the president. He's put the country ahead of everything else and politics aside. And I admire him for it, because you know, when you have seventeen guys running, sixteen are gonna lose. And I know Ted when in with all of his heart. I think he ran a hard, good campaign and I think you know, he's a young man, and I think it would be a great choice for the Supreme Court. I know Levin is pushing. I know Mark likes Mike Lee, who I know is on the list. Um. Look, but I can tell you that, you know, the president has twenty five names, and you know the one is a guy by the name. I don't know if you want me to give the bios of these guys. Brett Kavanaugh is is one and his name seems to come up a lot, and his name is on the shortlist, and he was, um, you know, he was appointed to the U. S. Court of Appeals in the d C Circuit in May a, two thousand and six. He was appointed by George W. Bush, confirmation by the Senate, etcetera, etcetera. You know, there's very there's a lot of interesting people. William Pryor's name. He was on the shortlist the last time. A lot of people know about Judge William H. Pryor, and he's on the U. S. Circuit Court of Appeals for the eleventh Circuit, widely considered along with Judge Diane Sykes, to be a front runner or a place. This is going back to Anton and Scalia. He was one of the front runners in that particular case. Is another guy out there by the name of Paul Clement, and he was the forty three Solicitor General of the United States and appointed by George W. Bush and preceded by Ted Olson. I mean, you know, I can't look. I don't know old only five people that are on the list. But I know the President is looking for a judicial philosophy, and the philosophy is that of originalism and a belief that there should not be a thing to as known as judicial activism from the court. One of the problems is liberals in this country. Things that they can never accomplish legislatively, that they cannot accomplish through the ballot box, they attempt to get passed through the court system. You know, look how long it took on the entire travel band. You know, look how long that has taken. Look at what the left did. The left literally impurposefully went to courts that they knew had liberal justice judges, knowing that they would favor their way. It's called judge shopping, knowing that the next step in the process would be the Ninth Circuit Court of Appeals, and that that court is again that's where the heart of judicial activism in the country. And so that's what the left tries to do. That's why it was interesting. This is why elections matter. This is why the president I never understood, never trumpers, and I never understood why on this one big issue alone, when we knew there was a Supreme Court opening, that that was not an issue that would be above all others. By the way, Mike Lee's brother Thomas is on the president's list. Uh, And that was interesting. Although I don't I didn't see that that the president got too much favor from Mike Lee in the early days of his administration. I don't know if that's since change, but you know, my memory is kind of long. Maybe it's too long. Maybe I need to be more forgiving in life. I don't know. I just don't know at times. But I hope the President follows through on his promise. He says he's gonna point somebody like Neil Gorsuch. Neil Gorsuch, you know it, just I'm I'm very impressed with where he is at this particular point in time. It seems very very interesting to me. And he seems like, you know, that five four decision meant something yesterday. Um. Now we have other news, by the way, and I think this is a really big win as we go through like for example, yesterday's decision, and there was another decision in the Supreme Court today and it's a huge win for conservatives as Neil Gorcich ruled against forced union dues and what a forced union dues about? Have conservatives, mainline Republicans, they can thank Donald Trump today. All you never Trumpers, you can thank Donald Trump or yesterday and today because of his appointment and Neil Gorcich. Anyway, because Neil Gorcich cast the deciding vote in the U. S. Supreme Court that overturned to forty one year old prior ruling that forced employees to pay union dues whether they wanted to pay them or not. Imagine, why do you force rank and file union members? Why would you force them to pay dues when that money is often funneled to Democratic Party candidates that union members rank and file don't support. That's not fair to them. That's like forcing them to donate money to people that they disagree with. And now today conservatives can celebrate because this has now been overturned a forty one year old prior ruling forcing employees to pay union dues. Why does an employee have to pay union do when the union spend the money to support people like Hillary or Barack Obama. And now you can celebrate today because Donald Trump put a originalist, a conservative on the Supreme Court. And by the way, one of the main engines behind out of control government spending public employee unions and they're ever escalating contract demands. This is a big blow. You know. Look, one of the reasons we became you can look to unions. Now there's a place for unions. I don't like companies that mistreat employees. I don't now everybody on Team Hannity here, you can all weigh in if you like. We'll start with We'll start with Linda considering she considers herself the boss of that room, and there you consider me the boss in that room. Did you make a decision on hiring Sunshine? There's replacement boss. I'm going to reserve my comment. Have you made your decision? Though I have, and it's that it's coming down to Kylie or Gent and you made the decision? And which one is it? Again? I already know the answer, all right. Now, you advocate for everybody in that room. And one of the things I'll say is, you know, what do you think about who deserves this bonus, who deserves this raise? And by the way, everybody gets a nice bonus, and we buy everybody lunch, because I think that's the right thing to do. Start there. We should start with the fact that you don't have to do any of that. So anything above nothing, it's gonna make an amazing gift of generosity. That's just a duly. Everybody on our staff doesn't have time to leave to go get lunch. Nobody we could order it on our own time, the fact that you pay for the very kind but no, okay, but I think that's fair, Linda. Oh you're welcome shine. Um. And the same thing we go over. For example, we do yearly raises for everybody, do we not? Yes we do. And we do yearly bonuses for everybody, Yes we do. And I go over all of that. Now. Um, if I was like a company that was mean to employees, you guys might want to form a union. By the way, there's a really popular company. What's that name again, Ethan, what's the name of that kind of Amazon? That's right? How many of their workers are on food stamps and welfare and they can't gate potty breaks and they're doing defecating in trash cans and all kinds of fun stuff. Uh. Yeah, they don't have enough money in their own welfare. Right What that story was killed at wappo. They weren't allowed to write it. So Washington post a zone by Bassos Walden's Amazon, and he's a cheap skate to like thirty thousand plus employees, right correct. I can't roll like that. That's not who I am. But they gave lots of money to illegal immigrants. This is where you're supposed to say, you know what, You're right, You're your generals are right. You are so generous. I think I started the segment by saying that you're duly noting your generosity. I believe that was the first thing. It's not effusive enough for my liking. Let's go to Ethan. Oh my god, it's just you know, right, best boss ever, best boss ever? Jason? How are we doing with you? You happy back there? I'm chipper. Can't you tell that's not? That's not You're happy with your your lunch every day, your bonuses every year, the salary increases. You know, you know that I keep the I still have bonuses from bonus money from years ago. Well that's good for you. That's smart. By the way. And Sunshine, who's apparently not that happy because she's a bandoning ship. I love you. I think you're one of the best bosses ever. My dad's a boss too, so I love him as well. But that being said, when I was telling Kylie about the job, about what it's like actually got the job, is that what your sol I'm talking to her about this position, I actually started to tear up because it made me so sad that I was going to leave you. Guys, So well, I'm you're like family. I mean, it's just the fact we all are. She is in case. You are marrying Linda's brother for crying out loud, So that is family and in every sense of the word. Um, I will say, in terms of just the sweetest person you ever meet, you're you're in that category. I mean, and I don't really think Linda's brother is worthy of you. But you know that's a side note. Careful, Oh so you're gonna stick up for the brother more from than the sister. There. I never said anything negative about Lauren. I'm merely warning you to tread lightly. Okay, I'm just weighing the two and a little brother. I love your little brother. He's actually very cool. I enjoy him a lot. He's very funny. You know, you told me you like him better than me, and I know I was messing with you, and then so I did. But I do think he's marrying a little out of his leak, as all men should do. You agree with me, absolutely, he's marrying way above his pay grade. Man should always love his wife more than she loves him. Okay, new rules just you know anyway. But if you want to know why states like New York, California, Illinois, along with pretty much every other blue state in the country, why are they all on the verge of bankruptcy and they're all the highest tax states. Well you can look in part at how these public employee unions have driven up government spending in those states. I'll give you an example. There's news in New York City, Democratic you know, communist mayor build the Blasio Comrade de Blasio awarded one of the city's largest public employee unions. Get this, a billion dollars in wage increases, a billion dollars for one city, which, by the way, they then spend some of that raised money there compel their employees to donate. And by the way, just because of his court ruling, let me tell you, arms are still gonna be twisted. You better donate. And in the words of Andrew nopolitan and he said, it is quote devastating for the Democratic Party. Well that's because Donald Trump was elected. All you never Trump or geniuses over at National Review. And I'm not talking about Andy McCarthy, and I'm not talking about you know, Victor Davis Hansen and some other people as their union dues, you know, collection shrink. It's gonna it's a disaster for the Democrats because that's how they get money turned back to them. It didn't create They get the pay raises billion dollars and those people are forced to donate to parties they don't even agree with. So that's a huge victory that nobody's really paying a lot of attention to. And the Blasio seven point four percent pay hikes and forty four months because he wants the kickback. It's the biggest pay to play scam that ever has been. And Elena Kagan, by the way, went rogue and ripped conservative justices for weaponizing the First Amendment. It's just the opposite of what Elana Kagan's writing here. You know, she literally, you know, read forcefully her dissent. There's no sugarcoating today's opinion. The majority overthrows a decision and trenched in the nation's law and its economic life for over forty years. As a result, that prevents the American people, acting through their state local officials, for making important choices about workplace government. No, it's about shaking down workers to pay for candidates that they don't want to pay for I would like unions that stick up for the you know, the hard working men and women, but for crying outout. Stop stealing their money so you can throw money back to politicians. Stop it. That's so corrupt, you know. Bernie Sanders, by the way, scored a huge upset win against the Democratic Party leader. Believe it or not, this was a big, big issue that happened. Uh, there was an unapologetic Bernie Sanders socialist who campaigned on open borders abolishing ice. Well, this person defeated longtime liberal congressman was actually a contender to replace Nancy Pelosi as the top Democrat in the House. And so this is pretty interesting and so liberals with sanity. It sounds like Ed Cotch's old old time anyway, Chuck Schumer, Nancy Pelosi won't admit that the Democratic Party now has lurched so far to the left. This is a big, big win. A twenty eight year old political neophyte, Democratic socialist Alexander Cortez blindsided this guy Crowley. Congressman Crowley and an insider said, a tenure incumbent, he was expected to be the future speaker for the Democrats. Bye Bye. I was waving by bye last night on TV. Uh. Oh, the restaurant that booted Sarah sound Sanders has failed to reopen because nobody wants to go there anymore. The Red Hen, anyways, will remain closed until July five. In the wake of the Sarah Sanders controversy, the owner said her position she did the right thing. They apparently followed the whole crowd to another place. Maxie Waters faces assault charges after confrontation with the reporter on Tuesday evening. Apparently there's activist we know or we've had her on the program before. Laura Loomer uh went to Capitol Police. Did you ever see the video? I haven't seen the video yet, and apparently wanted an interview and and I only saw a small portion of it. And she just kept saying, well, couch, come to my office anyway. Anyway, she said she filed the police report with Capitol Hill Police against Maxie Waters and his pressing charges. All right, we got a lot to get to Today's Supreme Court. Now a vacancy at the High Court, as Justice Kenson Kennedy has now stepped aside, the battle begins. It will be contentious, predictably so Uh, we'll get to all of that more on this decision. I want to get to tell Joe in Altuna he's a union guy. Joe's stay right there when we come back. I'm gonna get to Joe because Joe's not understanding me. I love union I love union people, union jobs. I'm saying that the court decision today now freese union workers so they're not forced to pay money to unions for political candidates that they don't like or support. That's called freedom, Joe. I'll explain it next. I glad you with us our two when there is a vacancy on the Supreme Court and Anthony Kennedy is retired. And let me just warn you the left, the borking, the Clarence Thomas like style attacks, it's all coming because that's all the left does. It's so predictable, just like you know everything that we've been watching with Sarah Sanders and Pambandi and Secretary Nielsen and even attacking Baron Trump and even going after uh Don Junior's little girl, a four year old named Chloe, the President's granddaughter. That's how bad it's gotten. Never mind the regular attacks on Melani you Trump, our first lady and the first daughter of Anka Trump. That just that goes now without saying. But this election now just got even bigger. I said, it's the most important midterm election in our lifetime. Well now it's even more important because with Justice Kennedy out the left, whoever the President chooses, you better buckle up because they're gonna smear, slander, assault you, verbally assassinate your character because that's what they do every two and four years. Republicans are racist, Republicans are sexist. Republicans are misogynist, They're xenophobic, homophobic, islamophobic. Republicans want dirty air and water. Republicans want children to die, and of course they want to throw your grandmother in a wheelchair over the cliff. That's what we get, and I prove it because I keep playing the ants. You like, the Republican Black churches are gonna burn and it goes on from there. Anyway, there is some other news that has gone on today. Peter Struck. Yeah, the Peter Struck has now testified behind closed doors earlier today and Ridom Caucus members Andrew Andy Biggs of Arizona, Carrasman Matt Gates of Florida here to talk about this and so much more. And apparently I'm I'm hearing reports Matt Gage, you were in the room that in fact, Peter Struck actually was never questioned by Robert Mueller, even though Robert Mueller knew about all these text messages, um that he had the anti Trump bias that this man had. Well, Sean, we can't get into the specifics of the questions for the answer, as we can share our reactions. What I can say in response to your question is that I am shocked at the lack of curiosity with Robert Mueller. I mean, Sean, if if you were in Mueller's shoes and he would found these text messages, I would think that you would want to ask whether or not they impacted the investigative decisions that were made, whether there was biased whether there was contact with other members of the FBI regarding the investigation, where it was going, and who was making the critical judgment calls. And I just cannot believe the lack of curiosity on the part of Robert Mueller. It was, uh the strongest reaction I've had today from Peter Struk's testimony. Well, I ask you this, if I was in the room and you know how closely I'm following this case, and Peter Struck is in the heart of all of this. He was writing the exoneration of Hillary long before they did the investigation, interviewed her, He was part of that interview, part of the interview with General Flynn. He immediately started the the witch hunt against Donald Trump. We've seen all the text messages, insurance policies will stop him, loathsome human being, and it can go on from there. Can you give us a headline with how what would my reaction? Knowing how passionate I am about the corruption here because this involved literally the saving somebody guilty of felonies, rigging an investigation, and and trying to tear down the other candidate and impact a presidential election, how do you think I would have reacted if I was in the room. I don't think he would have been surprised, because the Inspector General's report says that when he spoke to Peter Struck, Struck reflected, you know, personal feelings that he was sharing with his personal lover, but that those weren't impacting the decisions he was making in the investigation. Those were the assertions Peter Struck gave to the Inspector General, and so none of his responses when confronted with those messages have really surprised us today. Um you know, the saying that the out of with what we saw in the Inspector General's report deals with how this investigation was started. Sean, you will know that we have been demanding documents from the four thirty one of July to determine whether or not there was intelligence collected on the Trump team and whether or not people were paid to collect that intelligence. In those types of questions, we have not gotten clear answers from Peter Struck. And if it were true that no intelligence collection occurred prior to opening up on Papadopolis, then you would think Struck would just clearly state that if there was nothing going on. But the fact that he was obtuse in his responses it really raises a lot of suspicion that that intel go on. I can ask you your impression. Did you feel he was telling the truth? I felt like in some cases he was not being clear in his responses. You know, I don't think that it is ever treadful to reflect on the text messages as anything other than a bias and a willing to take official action based on that bias. So in that sense, no, I don't believe that Peter Struck has been trithful to the Inspector General or to Congress today, because it's so obvious that this was someone who held biased and who was willing to take up action based on that bias. Do you agree with me my characterization that this is the biggest abuse of power corruption scandal in American history and that we had a number of high ranking FBI officials and others that were involved in an effort to literally to frame Donald Trump, to attack him unfairly, create a phony narrative about Russia, while while simultaneously and previously saving Hillary Clinton from what other Americans would have gotten, which is an indictment. I think it is entirely correct that this represents an unprecedented abuse of power. But Seawan, that's no adjust your review. When my colleague Jim Jordan's asked the General if you ever seen anything like this or essentially the entire leadership of the FBI, how this swapt out at once because of firings, demotions, criminal prosecutions, conflicts of interest. Uh, they're leaving, you know, days after they have to give testimony to Congress because they don't want to have to account for that testimony. This is unprecedented. Those aren't your words and my words. Those are the words of Michael Horowitz, the Democrat. After General let me go, there's a lot of other issues now happening in Washington today, and Congressman Andy Biggs with us uh And I know you weren't in the hearings, Congressman, so I'm not really going to ask you about that, but you are a part of this effort on two different issues. Number one, the move for Century as it relates to maxim Waters number one, and number two the immigration bill, the more liberal bill, and whether that has a chance of getting more votes in the conservative one, which I hope not, and where it's going. Well, first, let's take it first. I have been in that hearing all day, Sean. But but second of all, um, the immigration bill, the liberal interview immigration bill that provided the innistry. The first vote for general anesty failed with about a hundred. They only got a hundred twenty posts there, so they're more conservative build nine three, so they here difference there. The other aspect is that filed the motion to send your Maxine waters Um for her for her verbal uh pirade and her inciting and inflammatory language. And Matt of course had co sponsored with me, and we've got that. Uh, that's that's pending right now. I've worked with leadership trying to get some some some motion on it. They've asked me do a couple of things. They're gonna try to do a couple of things because she needs to be censured, she needs to know she I think she really is an official reprimand and she needs to be reprimanded for her misconduct. Well, and what happens with that? What does that ultimately mean? What it means is that the Body itself has said you you have brought discredit to yourself and to the Body, and so we are officially sanctioning you. And it doesn't but it doesn't remove her from office of course, hasn't expelled from the Body, nor doesn't even necessarily remove from a committee assignments that would be left up to her leadership at that point and her and her conference based on the fact that, uh, that she was supermanded by the body. Let's talk about the immigration bill now, the good Lap bill, which had I think far more um was far better and far closer to the four principles of the President. Outlying Congressman Gates, Uh, we didn't get enough votes. Why can't we get Republicans to And that's simple, fund the wall. Give the president all the money from the wall upfront, because any money promised down the road is never coming. Number two, it would give the Democrats things they say that they want, you know, protect. It would be a DOCCA fix, separation of families fixed the president. I know his executive order the other day. I don't think it's gonna pass muster in any court. But putting that aside, it gives Congress time to do their job. This is Congress's law. This is a past president that put this into law. It's not Trump. Donald Trump is the only one that stood up and fixed it. Well, Sean, there are two key questions that are dividing the Republican Party right now and immigration. The first is whether anyone who can here illegally should have a path to citizens. You know, it's my view and it's the view of the good last and the President that there is a way to be compassionate with legal status with people who have come here, don't alter their own But when you give people citizenship and first generation illegal entry into the country, you you build all the wrong incentives into the system. In my view, the second key question is whether or not the parents of the doctor kids ought to be given some opportunity to live here eagerly and obtain citizenship. A lot of us think that the problem that you have with with children that we all want to be compassionate for is that their parents are choosing to illegally enter our country against the wishes of our country and against the dignity of our very border. And so uh. The Conservatives believe that we can be compassionate to children, but that we cannot reward the illegal alien parents with citizenship, and we can not create broad new pathways. And I hope that we can make the conservative case of those trements that we can persuade our colleagues. You know, I I don't think this is difficult, But I don't think the Democrats want a solution either, because they want to keep this as a campaign issue. And as I said, every two in four years, the playbook is the same. It's you know, the four the four things that Democrats I think are certain congressman bigs that they're going to do. They want to impeach Trump, but they don't want to tell us they want open borders. They're pretty transparent about that. They want to keep Obamacare, pretty transparent about that. And they want to take back the crumbs, as Nancy Pelosi calls them, in other words, that the tax cuts from the hard working men and women in this country. That's right, and you know we're looking at it. You said, we're the most uh serious and important midterm election and perhaps my lifetime. And and it's because the very things that you're talking about. They want the open borders. They don't want to give us money to build the wall or secure the borders. They want to take away the tax reform which is now produced, uh, this robust economy, the foundation of an economy that remember it wasn't too long for the President Obamba and Hillary Clinton said hey, look, we'll never get above one eight percent GDP growth when I canna see that kind of growth ever again, and also takes this reduction regulation, also takes his reduction in taxes. And people, the great creators that Americans are, create jobs, they create that wage increases, the first real wage increase that deeps inflation in like forty years and the American people know it, and so the Democrats they're left with thrown bombs that which is but they do that every single election season. This is the this is the silly season because they don't have ideas. Uh, all right, let me get to our busy phones here. Joe has been really patient. Joe apparently is a union guy. And where aut tune a Pennsylvania? What union are you? And Joe? Uh? Utility Workers Deutty Workers of America. By the way, you guys work hard. Thank you for what you do. I mean that, I mean I know how hard you work every day. Thank you. So what's on your mind this decision today? I know you want to talk about Oh yeah, real quick. Uh, I correct me if I'm wrong. But I thought there's a coke fund which I have opted out, and I thought that was the only money that went to the politicians that you had no control over. Listen that that option is available. You're absolutely right. But on the other hand, if we're gonna be realistic and honest about it, there's a lot of pressure. Well, first of all, you've got your your your initiation fees that you pay for unions and union dudes that you pay, etcetera, etcetera. And you know, and I know that there's a lot of pressure that is brought to bear on a lot of people and a lot of unions to do exactly what I was talking about. Am I wrong? I'll admit I'm wrong, But I know a lot of union guys and the problem and the problem is I love rank and file guys, I really do. They're the heart and soul of the country, you know. I I view myself as the dishwasher and the painter and the contractor because that's, you know, two decades of my life. And I know how hard you guys work. I want you to get the best salary and the best benefits and every I hate bad bosses, you know. And I wasn't, you know, putting my staff on to pat myself on the back. But a lot of these companies, if they would just treat people the right way, that nobody's gonna go to a union. Nobody in that works for me is going to join a union on this radio show, because they're not gonna do better with a union. It's just not gonna happen. Why are you rolling your eyes just to annoy me? You're rolling your eyes to annoy me. Oh okay, let's Lenda being funny. But you know what I'm saying. There's a way to treat people. And if you're doing well, then the employees should do well. If the company is doing well, let them benefit. That's why these tax cuts have been so amazing for you know, the forgotten men and women that have jobs that are now getting raises. Look at what was it Walmart or Target this week? Fourteen dollars an hour? You know is now they're starting wage the minimum wage is. We don't need the government to tell us it's eight dollars an hour, ten dollars. We don't need that because the companies are doing it because now they have more money because the government's getting out of the way. Does that make sense? I thought you were got one other quick Yeah, go ahead? What's that? Go ahead? One quick question? I guess there was a vote something today on the Social security I don't know if you can explain that in time of your thoughts. I really don't know what it meant or what it was about. All Right, I'll tell you what you're I think you're talking about the Well, first of all, they have the big immigration vote that's going on today. Let me let me pull it up when we get back, and we will and we'll literally why don't let's just give them the details on that because we have another segment we gotta do here and I don't want them to have to wait a half hour. We'll come back. We got Jim Jordan of Ohio coming up and much more straight a hut alright to the top of they are all right, Jay Secular, Yeah, Jay Secular will be joining us as well in the next hour. Also be checking checking in Greg Jared, I see him in the next room over there. He'll be joining us, and David Shone will be joining us. Um So we'll get into Justice Kennedy if you just getting in the car today, Uh, there's now a vacancy in the U. S. Supreme Court. You know, I just want to stop on one second here. You never Trumpers out there. I want to address you, you know, you people that were so critical of me for supporting Donald Trump, and you're not voting for Donald Trump under any circumstances. I want people to understand there's something deep and profound here because there's a lot of those people that are trying to hide who they were and who they really are and what they're kind of trying to do now. And you know, there's a part of me that says, well, better late than never. But the reality is all those outspoken I'll never vote for Donald Trump, and I said, well, that's a half a vote for Hillary. Now all of a sudden are trying to make their living sounding as if to the most pro Trump people that have ever existed. I want to actually name names. Maybe I'll do that tomorrow because they're all full of crap and you them now, But you want to know, the sad part of this is they they only reason some of them now are on board is because they're doing it. They're not doing what we do when I met Barack Obama, and I do a Lynskey, and I do Acorn, and I do Reverend Right and Frank Marshall, Davis and Airs and Dorn and the Church of g D America. I'm getting calls from people like new King Ridge telling me that I'm about to end my career. It's over, I'm going too far and you need to let it go. And then of course I'm I'm like, no, My my principles guide me and my decision making and I was called an unprincipled conservative, when Donald Trump, as I predicted, is governing as or more conservatively then Ronald Reagan. It's actually the comparisons are eerie. You've got evil empire. Mr Garbert Charp down this wall, you got that, and then you got let's see, uh, fire and fury, little rocket man. My button is bigger than yours, and I'm gonna blow you to smithereens if you if you dare try it. Now, look what happened. Piece through strength actually works. He didn't bribe dictators like Clinton or like Obuma. You know, now, not only do we have, we wouldn't have had the court decision the last two days of Hillary were president. We wouldn't have now another opportunity to put another originalist on the court. If Hillary Clinton won, you know, and then you got I mean, you got the same old predictable people starting with Bill Crystal, not that he's supporting him or George Will. We've got a defeat Donald Trump in the November. Okay, then what are you gonna get. You're not getting tax cuts, the crumbs are gonna be taken back. You get to keep Obamacare as if we haven't had enough damage to the the American people and their health care system with Obamacare, keep your doctor, keep your playing, and save money. Nothing none of that came true. Then we're gonna have open borders because that's what they want, and they want to impeach the president for what. And none of these people have had the courage to go out on a limb like we do every day. We went out on a limb, and I stand by where I stood because I knew Trump. I knew him. I knew and I interviewed him. I looked him in the eye, and my gut told me, Wow, this is a this is a no brainer. He said he'd pick originalist. He said he'd cut taxes. He said he wants to build the wall. He said he'd get rid of burdensome regulations. He said, if we're fighting wars were stupid. He tried to talk to people, and he wasn't gonna do any more bad deals or blackmail deals that never work anyway. Rollttle Rocketman's not firing missiles at Japan, and he's not. He's now literally dismantling missile launch pads and facilities. Gives us our hostages back. He's purging the old guard of his father. He's not having his yearly hate America rally. And things are getting better by the way. Jerusalem is now the capital of Israel, and the Iranian deal, well, we're out of it. We just need our hundred and fifty billion dollars pack. Thank you, Obama. And I just I sit here and I'm watching some of these people. You know, and Anna L. Rowe was as bad as anybody. And I say that with great, great deference to people like Andy McCarthy, and I mean that, Victor Davis Hanson and some others. Even Rich Lowry, to his credit, has come around quite a bit. Some of the other ones, Oh, I I mean these I just can't take it. But you know something, those people that they will never be leaders unless you have skin in the game. And this, you know, this is what we do differently. This is why this show, I think is different. This is why I don't mind going out on a limb. I'm willing to risk my career. I'm willing to put it all on the line for what I believe in. And trust me, there were people that wanted me dead when I was vetting Obama. There were people that thought I was crazy, that Trump had no chance to win. There are people that didn't believe that he'd be this successful, that he would govern with the conservative principles he's governing with, and now that he put Neil Gorsuch on the Court. My question to you, I'll never vote for Donald Trump people is why where are you now? And some of you are actually trying to jump on the Trump bandwagon today because if you had your way, Hillary would be making this choice. Hillary would be negotiating with the rand and little rocket Man. Hillary would never have made Jerusalem the capital. Hillary would never have cut taxes. Hillary would have nothing but open borders. Hillary would now have her second Supreme Court nominee. So I really don't have a lot of you know, some of the people that I'm well because I'm saying it behind Yeah, you know why I don't want to do because I'm just It's just there's a part I know people that I could ruin their lives today because of their stupidity, and I just don't do it now. Somewhere deep inside of me, my parents taking me to church every Sunday, the aim of the Father and of the Son of the Holy Spirit. Amen, it got in. Somehow God got in there, and I was fighting at tooth and nail. I didn't want to be in church. I didn't want to I was causing trouble in church. Then my father made me be an altar boy. That was worse. You know, we're drinking the wine behind the It was not good. I was. I was incorrigible. But yeah, I really do believe strongly in a God, and I believe the whole story of Jesus, and I just know and I believe that there's that He created all of this. And I don't think God made us to be timid and weak. I think God, you know, if I'm gonna have this microphone, in the honor of this microphone that you give me every day by listening to this program, Yeah, I'm gonna vet Obama, Yeah I am, And I'm gonna do the best job I Kenny, even if nobody else is doing it. Yeah, I'm gonna I'm gonna vet every presidential candidate and I'm gonna tell you the truth about how I think they're gonna govern. And I'm not gonna hold back. And even though there was probably at least fifty thousand versions of Hannity's career is over written before the November elections. I'm glad it turned out right, not for my sake, for the country's sake. And I'm doing the same thing now with Robert Muller and his witch hunt and Rod Rosenstein, and we're doing this exactly what We're going out on a limit. I mean, I'm kind of happy this week when the Wall Street Journal jumped in. Gee a little late, guys, But the reality is, it is the biggest corruption scandal in the history of the country. It's the biggest abuse of power scandal in the history of the country. And there have been a few of us that have been willing to go out on a limb and do real reporting and get to the truth. And a part of me should be satisfied inasmuch as we have corroborated everything. Hillary broke the law, she committed felonies. Hillary in fact used bleach bit two acid wash her hard drive, saying it that way. What's the name of that stupid publication that didn't understand I don't have to go to one of their stupid red carpet went the first time, want to waste. Yeah, she did the biggest, the clearest obstruction case ever. Yeah, Christian Saucy went to jail six six a year from six pictures. And then we see the FISA warrant issues. True too, But Comey and and Struck and McCabe and Page and Loretta Lynch, all of them abuse their power because they put the fix in to save Hillary from an indictment and jail because she was the favored candidate. And then they actively purposefully went to undermine Donald Trump with lies and FBI spies inside the Trump campaign and then lying to fis A court judges, violating the FISAL loss law, which is so crucial if you believe in the Fourth Amendment to our Constitution against unreasonable surgeons seizure. That's all true too. We told you, Mark Sevenen there was a fightser warrant against the Trump campaign, and we haven't stopped. And everything that we've said has been right, accurate and true. And I'll be honest, I don't want any credit. I do think people like Sarah Carter deserve a Pulitzer, but of course that will never happen in this corrupt world. And the meat you basically just an extension of all things liberal. What have they done. They have advanced a lie and a narrative does the design to undermine a duly elected president of the United States. It's the biggest story ever in our lifetime. If we don't get it right, we're gonna be Venezuela. If we don't get it right, it's gonna be the former Soviet Union. If we don't get it right, equal justice, equal application of our laws are done. It's finished, it's over. And the foundation of this great republic, this this this constitutional Republic, is the constitution that is the foundation of all of our laws. You know. That's why I mean, it's almost a little ironic, all the cuts of Obama that we've been telling playing he actually understood the truth, but he didn't live by the truth. I'm not an emperor. I can't do these things by executive And how funny people think that I could just put the magic wand of a pen fix the law. Now we have coequal branches of government. We have in this country separation of powers. And that's why, for example, the vacancy now at the U. S. Supreme Court matters Who's and Hillary would be choosing. I don't. I am never going to be a Republican again. I vote for the person I am a conservative. I'm not a populist. I'm not a nationalist. My entire career has been one of consistent Reagan Conservatism. I've not changed an iota. And I know people in this industry, for whatever reason, maybe ratings up and down. There's always there's always cycles and news and sometimes it's slow news and business. But they feel like they've got to remake themselves. And all it is is a means of manipulating you, the American people. But that you know, one thing I have learned, and I said this to Mark Levin recently, you can't really fake it for three hours a day on radio because, like in the election that just passed in you, the American people are too smart. You know the you know the phonies, you know the showman, you know the Kanmon, you know the liars, you know the Johnny Come Lately's. You know when people put it on the line and when people don't. You know what all I want to do for the rest of my life, I just want to serve anyway I can. That's it. Do my little part and be a spoken the wheel and just do my part every day. And part of my part is to do what I always do and that's climbed the tree, go on the out on the smallest limb and the smallest branch, and find the one leaf that didn't fall during the last fall and hang on to that because I know it's the truth. That's what we do on this show. For all the people in the media. They don't understand hand it. He's number one in cave, But why that's the secret. I tell the people the truth. And I have respect for the people of this country because you make it great, not me. You get up every day, you work hard, played by the rules, pay your taxes, raise your kids, obey the laws, serve other people every single solitary day, and you don't bitch, wine and complain about it. But you're screwed over by your government. Well you kind of do complain, We all do, and you're screwed over over by your government. Finally, when now we're cleaning up the mess, that's it. You want to understand who I am. That's it in a nutshell, And I don't give a flying rip what any of these people think. They discussed me in the media. Johnny come lately. I have no respect for you at all, and you know who you are. Glad to with us. We continue our big news today the Supreme Court Justice Uh, well, he's really moved solidly left. He's viewed as the swing vote on the Supreme Court. Justice Uh Kennedy has now announced his retirement at the age of eighty one years of age. Let's go back on our archives and pull out some of the sound from some of the decisions he's been involved in. The same, it seems to me, would be true, say for the market in emergency services, police, fire, ambulance, roadside assistance, whatever. You don't know when you're going to need it. You're not sure that you will. But the same is true for healthcare. You don't know if you're gonna need a heart transplant or if you ever will. So there's a market there too. In some extent we all participate in it. So can the government require you to buy a cell phone, because that would facilitate responding when you need emergency services? You can just dial nine one one, no matter where you are. Normo's Chief Justice. I think that's different. It's the wait. I don't think we think of that as a market. This is a market. This is market regulation. And an addition, you have a situation in this market not only where people enter uh involuntarily as to when they enter and won't be able to control what they need what they enter. But it seems to me that's the same as in my hypothetical. You don't know when you're going to need police assistance. You can predict the extent to emergency response that you'll need um, but when you do and the government provides it, I thought that was an important part of your argument that when you need healthcare, the government will make sure you get it. And here the government is saying that the federal government has a duty to tell the individual citizen that it must act, and that is different from what we have in previous cases. That changes the relationship of the federal government to the individual in a very fundamental way. It seems to me that you cannot say that everybody is going to need substance use of treatment, all right. So that was just as Kennedy, you know, we we've done our research, and what have we found that there are For example, if you look at John Roberts on the healthcare the a c. A. Supreme Court decision, that was the one time he sided with the left wing of the activist wing. If you will, of the the Supreme Court, UH, Clarence Thomas over the many many years. UH. You know, under maritime law law, an injured tug boat worker could seek punitive damages from his employer. In another case sided with the left wing on the court, and that involved an injury locomotive engineer who was entitled to damages. That's it. In the case of Antonin Scalia, it was twice two that he sided with the more left wing of the court and uh case he found that a defendant who had been wrongly forced to accept a lawyer is entitled to have a conviction overturned. And more recently, before Antonin Scalia passed away, he ruled that states may exercise supervision over banks in addition to federal regulators, which is almost pretty consistent as Scalia always was with his originalist philosophy. But in the case of Anthony Kennedy it's twenty five times he was the swing vote. And just as Kennedy joined the courts more conservative wing of the court about twice as often and as the liberal half, But twenty five major key decisions is a big deal, especially in a divided court. Look at the decision yesterday as it relates to you know, the President finally winning the battle about the band that he put in place. Anyway here to discuss and debate. Greg Jarrett, Fox News analysts His book is coming out on just a couple of weeks now, the Russia hoax, the illicits game to clear Hillary Clinton and Uhald Donald Trump and also David Shown civil liberties attorney and criminal rights attorney politically speaking to me, this heading into the midterms is going to have a big impact your thoughts. It's gonna be huge, and it's I think, frankly good news for conservatives and Republicans because this will trigger Republicans to go to the polls on election Day in droves because they will be scared that if the Democrats take over the U. S. Senate, Uh, they won't be able to replace Kennedy with a rock solid conservative and this is a golden opportunity to do that. Kennedy, yes, the swing vote, but he has been uh a schizophrenic jurist. Uh. He you know, there's no telling where he's going to go. He's in consistency in his judicial philosophy is obvious to all, and he's been a disappointment, quite frankly to conservative. Well, David Suitor has been the biggest disappointment because he was appointed by George Herbert Walker Bush and he has been a solid leftist, activist liberal judge from day one, and and he always votes with the liberal wing of of the Supreme Court. Uh, David shown you actually have a little different political philosophy than I do. But I view myself as an originalist, and I believe in originalism, if you will, and in other words, of strict interpretation of the Constitution. And I'm not a big believer in judicial activism or you know, making laws as some do from the bench. And you know, we've seen a lot of judicial activism, especially out of say the Ninth Circuit Court of Appeals, which is why you know the left often goes judge shopping and they'll go to an area like California or Portland or Hawaii knowing that when it gets to the Ninth Circuit that they're probably going to be an activist group. Well, I mean, as usual I have. You're absolutely right and what you've said, um certainly about the Ninth Circuit House to say about Justice Suitor happened to have been a friendly friends of Justice. Suitor and he's a great guy. What everyone thinks about his judicial philosophy. Look, I would say that, um, Justice Kennedy, I made some notes for myself, breaks down like this if you look at certain of the key cases. When Citizens United, which is a big case for the rights supposedly he was with he wrote the opinion Bush versus Gore's with the majority second Amendment. He's pretty good voting rights, pretty good for the right travel band case, the Texas Redistrict and case recently, I did an amicus brief in the Masterpiece cakes uh cake shop case, the recent one, um on behalf of the baker on behalf of the amicas called restoring Religious Freedom project. You know, he wrote in our favor on that case. The left likes him better on issues like gay rights, of course, and abortion and affirmative action and the death penalty. So on the one hand, Um, while one might say that schizophrenic. On the other hand, some might say it's a judicial philosophy, um, kind of on the merits of the case, and that he was down the middle sort of justice. Uh. He disappointed me, well, he did, But I mean in that sense I didn't. I didn't gain or or glean from him a consistent judicial philosophy, which I think, for example, really governs people like sam Alito and Anton and Scalia. Before he passed away, and certainly Justice Thomas Jay Sekula was with us. He's the chief counsel for the American Center for Law and Justice and also counsel to the President President Trump. UH. To me, this is now going to have a big impact on the election because Supreme Court nominees and Supreme Court justices impact this country for generations to come. Jay, it's the lasting legacy, Shaun, of every president is the selections of judges, in particular Supreme Court justices. I had the honor of appearing before Justice Kennedy for almost three decades. UH, and more time than not he agreed with the position I advocated. How many times have you argued before the Supreme Court? At least twenty? Right? We had? Yeah, so we had, we we've had now effective after a couple of that came down to the Limpack cases this week about twenty and and how the twenty how many did you win? And I and by the way, you're not take it on easy cases. You take on really serious, hard, difficult constitutional issues about I think about seventy eight percent of the time we've been successful. I will say this, Justice Kennedy has been um generally in our favor on probably of those cases. When he dissented, Um, he did so in a respectful way. That's the way he as a judge. He did it with reason. We disagreed on the reason, obviously, but but he was definitely what I would call of a justice that you was probably the most pivotal vote on so many cases. Look at this term now, this term he ruled, uh, consistently conservative on a lot of case in all of them, but on a lot of them, but more than any other justice. For example, Roberts one time has gone with the more left wing jurists on the cord and Clarence Thomas only two times, and Anton and Scalia only two times, and sam Alito never absolutely zero. But that's right, and and and here's what you had with Justice Kennedy. He on for instance, on the religion clauses, the First Amendment Establishment clause for exercise of religion, he was he was most frequently very much pro religious freedom. He saw that even this term. Uh, He's also was very good on the speech cases. So I had a lot of those and though some of those were close cases. Um. You saw that most recently in the Nationalist Tute for Family Life Advocates. I had a case, the companion case of that uh up at the same time that was up yesterday as well. That was now that we won that my case would be a reversal. So he was. But then on there were other issues where he was not consistent with the conservative position, having said that the president has a unique opportunity to not only impact the force of the judiciary for for generations, but also to appoint a justice in the mold of and this is what's important here. He's not obligated to to appointed justice in the mold of Justice Kennedy, although Justice Kennedy on a lot of cases got it right, but he tends to President Trump like the judicial philosophy of antonin Scalia. You saw that with Justice Force. I think that's exactly what you're gonna see with the next nominee, that type of how I mean, how fast I would assume the president has a short list already, and the President probably knew very well this was a possibility. I mean, rumors now have been running around for two weeks about Justice Kennedy. Um, So I would assume the president probably has a name he could put forward any day. Look, any president, this president particular, is always prepared for what at the end of the term happens, and that is justice is especially with an aging court justices that retire that what's happened here. So I know that the president, as I'm sure, a list of names, and we'll put forward nominee, a nominee that he feels is most qualified to build this spot, uh and to advocate a judicial philosophy that matches his position as president of the United States. Let me go back to Greg Jared. I mean Greg, because the impact of this is now massive. I mean, we've sent so many five four decisions. This would almost lock in. If the president picked somebody that had a originalist judicial philosophy like Anton and Scalia, this would lock in five four pretty much. Originalist, textualist, strict constructionists. Use any term you want. That was the mold of Anton and Scalia is the you know, it's what Clarence Thomas adopts. Alito tends to be that as well. Robert's not so much but still a conservative, and Gorsage as well. So you want somebody in that mold, not in the mold of Anthony Kennedy, who was notoriously this the swing. You never knew which way he was going to go. Um. And the White House has a huge advantage here because they're experienced in already guiding a nominee successfully through the process in the U. S. Senate, and they already had a list. You know, the President may turn to the second or third or fourth choice that he had behind Corsich. Uh, and these people have already been well vetted, in re vetted, in vetted all over again. Because this was no secret that Kennedy was contemplating retirement. Many people thought he'd do it last term. He didn't. He did it this term. Um. And you know, so they're well prepared for this. And the President I guarantee you will now be running on this issue as he endorses candidates and campaigns across the nation in the run up to the mid term elections, because all will depend on the U. S. Senate and Republicans whole lean it. David shown David, let me get to you. And by the way, we're gonna carry you guys into the next half hour. This is just too big a day here too big a news, and we want to go over the plethora of topics that literally now potentially covered as a result of Justice Kennedy retiring. Uh, David Shone, you seem to like the fact that he's down the middle. I tend to have a more more originalist philosophy, and I don't like judicial activism in any way. But now I hear you. Look, they're certainly an entire school of judicial philosophers who say predictability in the court it should have the premium also so that we know is lower courts get guidance from the higher court what direction the court is going to go in. And certainly someone another originalist, as you might call it, um would aid debt. Don't you know? You asked Jay Seculo. Um he might be the next nominee frankly, but he certainly would know who it might accept too old. Yeah, No, I hope not Um in any event, though, But you know he couldn't say that I would have I want to throw out there. Uh. You know, one of the names originally on the President's list before Justice Gorsuch was named was Diane's Psykes in the Seventh Circuit. I recently argued a case before her on a panel she ended up writing the decision in our favor on a voting rights case pallot access case. She was terrific. I mean, she was as sharp a judge as I have appeared before on an appellate panel, and many many years, many many of pellet panels. I think that's the name to look out for, um in any event, Well, I agree, how many times have you argued now before the Supreme Court. I haven't argued before the Spreme Court. I filed many, many briefs, Um, but I haven't argued here. And Jay Secular certainly has and knows the court very well. I'm a student of the court and always have been. And as I say, it was friendly with Justice Suitor and others. But yeah, whatever happened to Justice suit her. He was supposed to be the great originalist himself. He turned out to be a major disappointment. And he regularly votes with the left wing of the court. I mean he basically has, you know, aligned himself with Ruth Bader Ginsburg and Stephen Bryer and Elena Kagan and John Paul Stevens and Sonia's out of my r you know, that's that's where he's been over the years. Sometimes to me, at least, the labels don't hold up necessarily. For example, Justice I was going to say, all right, hang on one second, we'll pick up, we'll continue j Secular David Shone and Greg Jarrett, and yeah, Justice Kennedy is now retired. A Supreme Court vacancy now exists that we'll get to your calls as well on shan Congress commerce in order to regulate it. That's not what's going on here, Justice Kennedy, And we're not seeking to defend the law on that basis. In this case. The what is being regulated is the method of financing health the purchase of healthcare. That itself is economic activity with substantial effects on interstate commerce. And so any any self purchasing anything I purchas you know, if if if I'm in any any market at all, my failure to purchase something in that market subjects me to regulation. No, that's not our position at all, Justice school you in the healthcare market. The health care market is characterized by the fact that, aside from the few groups that Congress chose to exempt from the minimum coverage requirement, those who for religious reasons don't participate those who are incarcerated UH Indian tribes. Virtually everybody else is either in that market or will be in that market. And the distinguishing feature of that is that they cannot people cannot generally control when they enter that market or what they need when they enter that All right, that was the a c A Debate Regulation meeting, and of course that decision was lost UH and the a c A was considered constitutional. That was one of the worst decisions, definitely a definitive moment in terms of John Robertson. It was believed at the last minute that he changed his decision had been reported fairly widely because he didn't want the court to be it is political in anyway as the Chief Justice. Anyway, we continue with Jay Secular the American Center for Law and Justice and Counsel to the President. Greg Jarrett is with us, and don't forget, his new book is coming out and it is the Illicit Scheme, the Russia hoax, the elicit scheme to clear Hillary Clinton and frame Donald Trump. David Shown criminal defense Attorney, Civil Liberties Attorney Jay. That one decision shocked everybody, and especially because the Chief Justice, it had been reported, had changed his mind on that. Well, it happens. And Uh, the fact is that I think David said this earlier that sometimes the ideological lines don't mess it so well when it is in fact they become a justice of the Supreme Court. So what you want to have or what you want to see is the best you can And there's never a guarantee that the individual that's been nominated has a clear and concise judicial philosophy respecting the rule of law and respecting the Constitution that has a view of the Constitution that, in my opinion, you want to all the originalist if that's the phrase you want to use, that the way you amend the Constitution is to amend it, not by a judicial fiat. So where Justice Kennedy was not a predictable vote, I suspect, And and and you know that the president is going to be looking for a vote a justice who will vote in a manner that is has a consistent judicial philosophy. Again, you never are Dent Shore shown. You do the best you can't look, Uh, you do the best you can. I think the case in point, although he's no longer there, I keep bringing him up as David Suitor. I mean I think he was one of them. How but if you were, you could you could do that for others too. I mean, how about the John Kennedy nominates Byron White to to tell you how old I am. I appear before Byron White and Byron Wright was appointed by John Kennedy, was deemed to be a liberal. It was gonna be a liberal member of the Supreme Court, and was perhaps the most conservative justice of the Supreme Court of the United States, that is during his tenure. So you don't know, but you do have track records. Now there's a whole list of Pellet judges, uh and and some non judges too that have written track records. You understand where they are. And you've got to ask the right questions on judicial philosophy. And I am sure that the White House was prepared and is prepared to move expeditiously on this. Um. There's been let me, let me let me throw out some name. Yeah, I mean Brent Kavanaugh. Have you heard of his name? But yeah, great, Um, what do you know about him? Or you know, for example, William Pryor's name. He was brought up the last time. That's another name Bill was. Bill was on the shortlist. Last time I've I've been I've been friends with Bill Prior, but I've also worked with Bill Prior actually, so I've been a great judge of the eleven Circuit. Brett Kavanaugh is another one. I knew Brett from his days in the Bush administration. H him in private practice. We've worked some cases together. It's been an excellent judge of the Court of Appeals. I think David mentioned Diane Sykes, another very very well respected UH Court of Appeals nominee UM, and there'll be some others. So the way it works is there's a list, the White House is constantly working on that list, narrowing it down, and then the President will once again do interviews and UH. Then the usually the White House Council participates in all of this, and it will be narrowed down, and I suspect we'll get a nomination in short order. I don't want to predict the dates. I don't know the date, but I this is none of this is shocking to the White House. That is prepared and this White House Council's office in the White House, there was a lot of there was a lot of speculation on this, and there has been for a long time, and just the sheer age of the court. You always have to be prepared. Agree with that as well. What about Paul Clement? Do you know him? I do. Clement was the Solicitor General of the United States under George W. Bushy and I have done probably four or five cases together at the Supreme Court. Not a judge, excellent lawyer, has a tremendous reputation, would be a excellent excellent Supreme Is there any other name on the short list that you can think of? Um, there's there, There are, there's others out there. Viett in who one of the partners of Clement could be on a short list for the Supreme Court? About jo on the shortlist, I'm just asking you, old man, you got you you want? You want? You want them in their in their late forties, you know, FID forties, late forties, early fifties. You don't want old geezers like you only sixty two year old. Um, So you know. And I'm plenty bretty busy right now in case you haven't noticed, So you know, I think, Look, there's a lot of there's a lot of good options out there. What you're looking for is, like I said, I had the privilege of appearing before Justice Kennedy for three decades. He ruled with me more times than not. When he disagreed, his descents were reasoned. I just disagreed with the reasons. What you're looking for now is I think the president has an opportunity someone like a Justice Gorset that is, uh, that kind of judicial philosophy. So I think that's what you're looking for here. Yeah, you know, I look at women that are there's a lot by the way. This is where, of course I could do this. This is where elections matter, you know, Greg Jared, this is why this was one of the biggest That's why I couldn't understand the never trumpers because Donald Trump had promised an originalist and he said, who are your favorite or your favorite Supreme Court justices? He said Scalia and he said Clarence Thomas. He was very clear, and that meant those are the type of justices he'd be looking for. And it appears by the way that he found one, and Neil Gorst's right he did. And look two things. First of all, he's going to try to get with the help of Mitch McConnell, to get the nominee through before the November elections, but Democrats will try to obstruct and delay all they possibly can. I mean, the president would love to have somebody seated by the beginning of the tourm in October, so that I mean, that is one possibility, but it will only underscore, uh, the issue of the U. S. Supreme Court in the mid term elections, even if they get somebody seated ahead of time. Second of all, you want to find somebody is j pointed out who is is younger? For example, Amy Barrett, Court of Appeals for the Seventh Circuit. She was born in nineteen seventy two. So you would have a woman who is reasonably young who would be on the court for a long time. And that is always important for uh, for presidents, that is their legacy. Uh. You know. The other thing to point out is that you don't want to with and for goodness six the presidential landscape is littered with Republican presidents who made mistakes. Eisenhower said the two biggest mistakes he ever made the appointment of William Brennan and Earl Warren, who turned out to be two Supreme Court justices who were liberal. Ronald Reagan was only one for three. He appointed Sandra day O Connor uh, as well as Anthony Kennedy. Uh. I mean he only got one right, which yeah, But the only problem is it's always Republican presidents that get it wrong. Well, I can't think Kennedy appointed Wizzer White. Uh. We have to go back to nineteen sixty one to find the one example where a liberal well, and Kennedy wasn't even a liberal. I mean Kennedy at least on economy and in many ways would be judged as a conservative today. Let me bring David shown back in David right. You know. One of the reasons I mentioned Diane Psykes is to the point Greg just me that is, if you want to move this thing through quickly, and obviously that has to be balanced because it's an important decision. But she's less controversial. She certainly has a president judicial philosophy. But with all due respect, I mean Judge Kavanaugh and Judge William Prior are going to be very controversial decision because of some things they have said. They've been brought up before. Um, some people thought some of them with the death now, but let me make this point because this to me is a tremendous program you're doing today. You're providing tremendous educational resource on this subject. I've been I've been accused of a lot worse, but look ahead, thank you. So many, so many things these days are polarizing. Let's be clear, you know, sometimes originalist is used as a bad term to the left door liberal is a bad term to take a guy like Justice Scalia. I don't suggest you're gonna find a duplicate of him, but he had by all accounts left than right. He had one of the great minds on the court. And you say he was predictable. On the other hand, who would think that when it comes to a criminal defendant he would line up with them? At times? For him, the confrontation clause, the right to really cross examine out the truth was key of key importance to him. That might you might say that's a liberal issue, but it's not. It's a constitutional issue, and that's how we saw it. So some of you you're not going to find necessarily someone with the depth and breath that he had. But let's be clear, you know, we don't mean these words as bad words. He was a guy who fought through the issues and that's how he came down said, well, let me but Jay, and let's let's be very blunt and very honest here. I mean knowing you know, the borking of Robert Borke, I mean, we go back there. You know, there was probably no greater, smarter judicial mind ever that was more qualified to actually be on the Supreme Court. But then Ted Kennedy, you know, it's now become a verb of you will or you know, borking, and and and literally they they they demonize this man in such an unfair inaccurate way. If it seems that if anybody has a history of writings on judicial philosophy or ideology, g thought, it's almost a death knell for them. Yeah, they can't do that anymore for two reasons. Number One, the rules of the Senate are now a simple majority soft plus one, and that person is confirmed. Number Two, the media landscape today is much different than it was during Robert forts here in large part to what you're doing and what your colleagues do, both on TV and radio, and that has changed a lot of the way the perception goes and also how media controls. Uh So, I think what you're looking at is you're going to see a justice nominated. I think that will be very similar to Justice corsets, and that man or woman will be confirmed. It's not gonna be an easy process because it's unfortunately it's an ugly process. But the fact is there's going to be a new justice come the first Monday in October before the Supreme Court of the United States. Yeah, and that's what it's gonna be. But a president does have the right to appoint a justice that shares his judicial philosophy. And by the way, everybody should kind of be happy with Donald Trump's judicial philosophy in this sense. He doesn't believe in legislating from the bench. He believes in checks and balances and separation of powers, and he doesn't want The Left has always tried, and I'll throw this to Greg Jarrett. They have tried to achieve things through the courts that they would never achieve through the ballot box because they legislate through the bench, and that is not the role of a judge. No. And the perfect example is that the travel ban. The Ninth Circuit, the so called nine, is composed largely of of liberal justices who view the Constitution as they did. The travel ban incorrectly. They view it in a very elastic sense, a present day sense. It can mean whatever they wanted to mean at any given time, on any given day, for any given issue. And people like Scalia and other reliable conservatives view it narrowly strict constructionalists or or originalists, and we will interpret it according to how it was written and what it meant at the time. And that's important because I think it was David Shon mentioned a moment ago. You know, if you want to uh, you know, change the constitutional principle, there's a way to do it. It's called amend the constitution or enact a new uh amendment to the constitution. So let me give the way you do it. That's and that's the for example, the Convention of States. Which way you support? Convention of States dot com. That's in the constitution. It is all right, let's get final thoughts, David Shone, where is this going to go? How soon will the president makes announcement? I think the president needs to make an announcement very soon. I think again, this country needs stability in every realm. I'm looking for someone straight, fair and honest. I tell you this. You appointed someone to the eleven Circuit this term. Kevin Newsom, I wrote a letter for him. He's maybe as right wing as they come, but my experience with him was that he was fair, honest and called it straight. I may not win my civil rights cases with them, but I want a guy who's going to call it straight on the constitution. Newsom is a good pick. He was born in nineteen seventy two. He's young enough. He could be there a long time. Uh last word, let me go to j secular. Well, look, I think it'll happen. I think in short order that but there's a process. The term of the Supreme Court is over, doesn't mean the works over, but it does slow up. In the summer, the justices are not meaning they do not come back for a major conference until wait before that first Monday in October when they have the main conference on petitions. So that is quick request for a review. I'm going to have a case up there again that'll be seeking reviews. So there's time. But it needs to move swiftly and expeditions, and I think that's what you're gonna see. Sean. All right, I want to thank you all for being one of us. Great analysis by all of you three very smart attorneys, and I actually think all three of you can would be qualified to be on the Supreme Court because you're all You're all lawyers that I would hire. Uh and in the case of Jay Secular, actually have at one point. Jay Secular, Thank you, Greg, Jared, great to see you, looking forward to the book coming out in July. And David Shone, as always, we appreciate your input. All right, Kennedy, Tonight nine Eastern on the Fox News Channel. There is a Supreme Court vacancy. The President speaks tonight, Jay Sekulo, Leonard Leo, also Peter strucoes before Congress. Jim Jordan was in the room. He will give us his take as well as Greg Jarrett. Sarah Carter is going to join us as well, Jesse and Jessica and Sebastian Gorka. Hannity Big Show Tonight, breaking news, a vacancy at the Supreme Court. Buckle up, the barking of somebody as soon. We'll see you tonight at nine. Back here tomorrow,