Law and Chaos

Donald Trump has promised to cancel birthright citizenship on Day one. But can he do that? In a word, no. We have a deep dive on the very clear law of birthright citizenship in this country (and all the ways Trump will try and ignore it). We also break down yesterday's decision and order from New York Supreme Court Justice Juan Merchan that presidential immunity does not retroactively invalidate Trump's 34 felony convictions in New York. Links: ABC Bends The Knee https://www.lawandchaospod.com/p/abc-bends-the-knee Trump ruling denying immunity NY https://s3.documentcloud.org/documents/25459328/merchan-immunity-ruling.pdf Trump announcement re birthright citizenship https://www.donaldjtrump.com/agenda47/agenda47-day-one-executive-order-ending-citizenship-for-children-of-illegals-and-outlawing-birth-tourism U.S. v. Wong Kim Ark (1898) https://scholar.google.com/scholar_case?case=3381955771263111765 Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

We talk with TechDirt's Cathy Gellis, who is going to walk us through the DC Circuit's opinion banning TikTok. And in the subscriber bonus, we'll bring you up to speed on Rudy Giuliani's continuing efforts to dodge justice in multiple courts. Links: TikTok v. Garland (DC Cir.) https://media.cadc.uscourts.gov/opinions/docs/2024/12/24-1113-2088317.pdf Petition for injunction staying order https://sf16-va.tiktokcdn.com/obj/eden-va2/hkluhazhjeh7jr/2024.12.09%20-%20TTI%20v.%20Garland%20-%20Petitioners'%20Emergency%20Motion%20for%20Injunction(1).pdf Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) 15 U.S. Code § 9901 https://www.law.cornell.edu/uscode/text/15/9901 Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Last night US Bankruptcy Judge Christopher Lopez voided the sale of Infowars to The Onion as part of the Alex Jones Bankruptcy. It sucks a lot. And speaking of sucking, let's talk about the Impoundment Control Act and How Trump plans to violate it. Links: ALEX JONES BANKRUPTCY DOCKET https://www.courtlistener.com/docket/66583024/alexander-e-jones/ Revised Infowars proposed sale order (REDLINE) https://storage.courtlistener.com/recap/gov.uscourts.txsb.459750/gov.uscourts.txsb.459750.975.1.pdf Trump on impoundment https://www.donaldjtrump.com/agenda47/agenda47-using-impoundment-to-cut-waste-stop-inflation-and-crush-the-deep-state Train v. City of New York https://supreme.justia.com/cases/federal/us/420/35/#42 House Dems Impoundment Explainer https://democrats-budget.house.gov/resources/fact-sheetss/impoundment-explainer GAO Report on Ukraine Impoundment Violation https://www.gao.gov/products/b-331564 Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Trump has nominated Brendan Carr to chair the FCC, calling him a "warrior for Free Speech" who "will end the regulatory onslaught that has been crippling America's Job Creators and Innovators, ​​and ensure that the FCC delivers for rural America." But as tech journalist Karl Bode explains, Carr has threatened to go after media outlets that criticize Trump, and his plans for rural broadband are even worse. And Liz and Andrew break down the issue "scrutiny" in Skrmetti, the SCOTUS case on healthcare for trans kids. Plus, we check in with Rudy Giuliani's shenanigans in the subscriber bonus. Links: Skrmetti: It Was THAT Bad https://www.lawandchaospod.com/p/skrmetti-it-was-that-bad Institute for Local Self Reliance https://ilsr.org/ Karl Bode at Techdirt https://www.techdirt.com/user/kbode/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

It's a roundup of Hunter Biden, Rudy Giuliani, and Infowars news, before a preview of US v. Skrmetti, the challenge to Tennessee's ban on gender confirming care for minors, which will be argued at the Supreme Court on Wednesday. And for subscribers, we'll catch up with Dinesh D'Souza, who's getting sued by a man he falsely accused of being a "ballot mule." Links: Elon Musk's X is stepping into the legal fight over Alex Jones' Infowars. Experts say it's unprecedented https://www.cnn.com/2024/11/29/media/alex-jones-elon-musk-x-infowars-accounts/index.html Freeman v. Giuliani Docket https://www.courtlistener.com/docket/69116157/freeman-v-giuliani/ Hunter Biden Delaware Docket https://www.courtlistener.com/docket/67511701/united-states-v-biden/ Hunter Biden California Docket https://www.courtlistener.com/docket/68072483/united-states-v-biden/ Inside the Collapse of Hunter Biden's Plea Deal https://www.nytimes.com/2023/08/19/us/politics/inside-hunter-biden-plea-deal.html Tennessee SB 1 - Tennessee Code, Title 68, Chapter 33 https://casetext.com/statute/tennessee-code/title-68-health-safety-and-environmental-protection/health/chapter-33-health-and-welfare-of-minors Skrmetti reply brief (gender affirming care) https://www.supremecourt.gov/DocketPDF/23/23-477/331420/20241107183937931_23-477rbUnitedStates.pdf Danyon Anderson et al., Gender Dysphoria and Its Non-Surgical and Surgical Treatments (2022) https://pmc.ncbi.nlm.nih.gov/articles/PMC9501960/ In re Vital Pharmaceutical (2023) https://caselaw.findlaw.com/court/us-ban-crt-s-d-flo-for-lau-div/2289548.html D'Souza Statement https://dineshdsouza.com/statement-on-2000-mules/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Today, we learned that Special Counsel Jack Smith has moved to dismiss both of the federal cases against Donald Trump; we tell you what that means and what happens next. On the plus side, we learned that the Onion is almost certainly going to get to buy Infowars AND the next Attorney General of the United States won't be Matt Gaetz. Although it probably will be Pam Bondi. Oh, and the Supreme Court just took up a case on a 100-year-old doctrine as to whether the government can help rural and underserved areas get phone and internet coverage. Links: Pam Bondi: Less Terrible Than Matt Gaetz https://www.lawandchaospod.com/p/pam-bondi-is-less-terrible-than-matt No, Elon Musk Isn't Riding To Alex Jones's Rescue https://www.lawandchaospod.com/p/no-elon-musk-isnt-riding-to-alex/comments SCOTUS Order in FCC v. Consumers Research https://www.supremecourt.gov/orders/courtorders/112224zr1_7l48.pdf 5th Circuit opinion in FCC v. Consumers Research https://casetext.com/case/consumers-research-v-fed-commcns-commn-4 Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Kel McClanahan joins us for part two of the interview, where he tells us how to keep tabs on Elon Musk and Vivek Ramaswamy as they gear up to do for the federal government what Elon did for Twitter. Meanwhile, Donald Trump is not going to jail, Alex Jones continues to be a ghoul, and Rudy Giuliani has found another lawyer to help him humiliate himself in federal court. Links: Rudy Giuliani Can't Go On Trial, He Has An Inauguration To Attend! https://www.lawandchaospod.com/p/rudy-giuliani-cant-go-on-trial-he Roake v. Brumley 5th Circuit denial of stay https://storage.courtlistener.com/recap/gov.uscourts.ca5.221848/gov.uscourts.ca5.221848.68.2.pdf Federal Advisory Committee Act (FACA), 5 U.S.C. Chapter 10 et seq. https://www.law.cornell.edu/uscode/text/5/part-I/chapter-10 Kel McClanahan, President Trump's Cronyism and Excesses Should Prompt Security Clearance Reform https://www.justsecurity.org/63108/president-trumps-cronyism-excesses-prompt-security-clearance-reform/ Kel McClanahan, The Case for Legislative Security Clearance Reform https://www.justsecurity.org/60440/case-legislative-security-clearance-reform/ Kel McClanahan, What Everyone Gets Wrong About Kushner's Clearance Fiasco https://www.politico.com/magazine/story/2018/03/01/jared-kushner-clearance-fiasco-217210/ Support and donate to: www.nationalsecuritylaw.org Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Goblinlover Alex Jones is threatening to jail Ben Collins, CEO of the Onion for trying to buy InfoWars. Meanwhile, the bankruptcy trustee is threatening to seek sanctions against Alex Jones's lawyers for making frivolous arguments and telling half-truths. What's next for the efforts to find some measure of justice for the Sandy Hook families? Plus, Donald Trump seems poised to hand over the nation's national security secrets to a bunch of goons who couldn't get cleared for a job as a mall cop. Can he do that? We welcome back Kel McClanahan of National Security Counselors to answer all of our security clearance-related questions. Links: Alex Jones Bankruptcy docket (SDTX) https://storage.courtlistener.com/recap/gov.uscourts.txsb.459750/ Support and donate to: www.nationalsecuritylaw.org Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The Onion is making waves by attempting to acquire Infowars, though a bankruptcy judge might put a halt to that. Meanwhile, Rudy Giuliani finds his legal team pulling out of significant cases. The discussion also touches on the ethics of an unexpected new Attorney General nominee, amplifying skepticism about their qualifications. The intricacies of bankruptcy proceedings surrounding Infowars reveal the complex landscape of asset distribution and legal maneuvering, showcasing the chaotic intersection of politics and media.

A week after the election, Trump is already demanding that Congress bend the knee and allow him to staff his administration without bothering to get Senate confirmation. Can he do that? And will the new Senate majority leader let him? Links: Musk's X seeks to steer lawsuits to conservative court in Texas https://www.reuters.com/legal/musks-x-seeks-steer-lawsuits-conservative-court-texas-2024-10-17/ Federalist No. 67 (Hamilton) https://teachingamericanhistory.org/document/federalist-no-67/ Noel Canning v. NLRB https://scholar.google.com/scholar_case?case=67923386243166640 Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.