Josh Hammer

I'm Josh Hammer, host of America on Trial with Josh Hammer. Subscribe to America on Trial with Josh Hammer for your daily updates on all of these questions and more.

I'm Josh Hammer, host of America on Trial with Josh Hammer. Subscribe to America on Trial with Josh Hammer for your daily updates on all of these questions and more.

I'm Josh Hammer, host of America on Trial with Josh Hammer. Subscribe to America on Trial with Josh Hammer for your daily updates on all of these questions and more.

Charlie, first of all, I think judicial activism is probably, if anything, a charitable way of describing what we're seeing unfold here, my friend. I mean, this, if anything, is a judicial insurrection. I mean, this happened during the first Trump administration. So I think back all the way, actually, to the year 2018, 2019. It was in the latter years of the Trump presidency.

Charlie, first of all, I think judicial activism is probably, if anything, a charitable way of describing what we're seeing unfold here, my friend. I mean, this, if anything, is a judicial insurrection. I mean, this happened during the first Trump administration. So I think back all the way, actually, to the year 2018, 2019. It was in the latter years of the Trump presidency.

that the number of nationwide injunctions that were imposed against the Trump presidency actually then exceeded all the previous presidents combined. In fact, Bill Barr, back when he was attorney general, gave a speech to the American Legal Institute, the Law Reform Institute, actually decrying the practice of nationwide injunctions.

that the number of nationwide injunctions that were imposed against the Trump presidency actually then exceeded all the previous presidents combined. In fact, Bill Barr, back when he was attorney general, gave a speech to the American Legal Institute, the Law Reform Institute, actually decrying the practice of nationwide injunctions.

So this is not the first time this has happened to President Trump in power. But Those judges have not learned their lesson from the first time. Partially that's because SCOTUS has derelicted its duty. The Supreme Court has not actually taken a case, Charlie, as to whether or not any of this is constitutional in the first place.

So this is not the first time this has happened to President Trump in power. But Those judges have not learned their lesson from the first time. Partially that's because SCOTUS has derelicted its duty. The Supreme Court has not actually taken a case, Charlie, as to whether or not any of this is constitutional in the first place.

And I guess I'll kind of just cut right to the chase there on that point and say that no, no. None of this is legal. None of this is constitutional. The media, Charlie, day in and day out, they're accusing Donald Trump and J.D. Vance and Elon Musk of fomenting a constitutional crisis because they're governing with all these executive orders.

And I guess I'll kind of just cut right to the chase there on that point and say that no, no. None of this is legal. None of this is constitutional. The media, Charlie, day in and day out, they're accusing Donald Trump and J.D. Vance and Elon Musk of fomenting a constitutional crisis because they're governing with all these executive orders.

They're having Elon Musk go into the Treasury payment system there. First of all. Republican administrations, conservatives in general, Charlie, we're constitutionals. We respect the separation of powers. We respect the rule of law. If there is an actual action that exceeds the legitimate confines of a sphere of governance, then that is where the judiciary comes in to rein in.

They're having Elon Musk go into the Treasury payment system there. First of all. Republican administrations, conservatives in general, Charlie, we're constitutionals. We respect the separation of powers. We respect the rule of law. If there is an actual action that exceeds the legitimate confines of a sphere of governance, then that is where the judiciary comes in to rein in.

But what judges are doing right now all across the country –

But what judges are doing right now all across the country –

On basically everything that Donald Trump has done since he came into power, everything from birthright citizenship to Elon Musk and Doge going into the Treasury payments there, Judge McConnell in Rhode Island threatening criminal contempt, criminal contempt of the Trump administration unless they subject all of their discretionary spending and funding decisions through his puny little judicial desk there deep in the bowels of the very blue state of Rhode Island there.

On basically everything that Donald Trump has done since he came into power, everything from birthright citizenship to Elon Musk and Doge going into the Treasury payments there, Judge McConnell in Rhode Island threatening criminal contempt, criminal contempt of the Trump administration unless they subject all of their discretionary spending and funding decisions through his puny little judicial desk there deep in the bowels of the very blue state of Rhode Island there.

This is wildly beyond the judicial power of which Article III of the Constitution speaks.

This is wildly beyond the judicial power of which Article III of the Constitution speaks.

and i know that because people have been writing about this actually for a very long time we can go all the way back to thomas jefferson at least in 1804 writing a letter to abigail adams the wife famously of his partisan rival john adams thomas jefferson famously said that to allow the judiciary to settle all questions even when it comes to the legitimate authority of the other branches of the congress or the executive branch would be to risk despotism abraham lincoln really said it best