Josh Hammer
speaker
197 appearances
8 recordings
4 series
first heard Jan 2025
last heard 31 Mar
Josh Hammer’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in Mar 2026 with 1.
Appearances
At a bare minimum there, it would be at least a pretty sizable, symbolic shot across the bow against one of these activist left-wing lower court judges there. And it would be a nice civics lesson, frankly, for the American people as well.
So there's – I think it's in all three branches at once gang up on these rogue lower courts. So we can start with the United States Supreme Court itself, and then we'll kind of work our way backwards from Article 3 to Article 1, I suppose. So we'll start with Article 3 there.
So the easiest way to rein in lower court judges is for the United States Supreme Court to do so because the federal judiciary actually does work as a legitimate hierarchy where SCOTUS has the ability to do whatever it wants to in essentially its discretionary power – to overturn lower court judges that are running amok and have run amok.
So they can and they must take a direct challenge to the entire practice of a so-called nationwide injunction, and they should declare that that exceeds the judicial power of which Article III speaks. The Supreme Court should also expedite some of these other cases on the actual underlying substantive constitutional merits.
So for example, the birthright citizenship case is a very good example there. We've now had three lower court judges that have put a temporary restraining order or some sort of other injunctive relief And joining the Trump administration, preventing it from enforcing its correct interpretation of birthright citizenship for children of illegal aliens.
SCOTUS should fast track an oral argument on that. They should get that opinion out by the end of this term in June there. I'm not going to confidently predict that there are five votes for the correct interpretation there. I tend to be a little bit pessimist when it comes to that particular issue there. But there's at least a possibility. So that thing should be fast tracked.
kind of working your way backwards, the executive branch there. Well, I mean, let's take Judge McConnell in Rhode Island, Charlie, just for example here. So this judge in Rhode Island is threatening to put criminal contempt there. So at that point, the Trump administration should basically just flip its fingers at this judge and say, okay, you and what army?
I mean, who's actually going to enforce this criminal contempt order in practice?
Well, let's play it out a little further, Charlie. So look, the judge in Rhode Island, Judge McConnell here, he's threatening criminal contempt here. Okay, so who's actually going to enforce this criminal contempt? That would probably be one of the U.S. Marshals, right?
Because as Hamilton says in Federalist 78, the judiciary has neither force nor will but merely judgment and literally depends upon the efficacy of the executive branch even to enforce its judgments. What he means by that is because the U.S. Marshals, in actuality, they're not part of Article III. They're part of Article 2. They're actually part of the Department of Justice. The U.S.
Marshals sit under Attorney General Pam Bondi. So even if McConnell, Judge McConnell, that is, not Senator McConnell, even if Judge McConnell can get a U.S. Marshal to try to enforce his contempt order, fine, let that play out. Donald Trump can then just issue a pardon, make everyone happy.
He can literally then just issue a pardon for whichever official has been found in contempt by this rogue judge. End of story, constitutional crisis totally averted there. And then finally, Article 1, when it comes to Congress, that's kind of what you and I were just talking about there.
Judicial impeachment, start with Judge McConnell, start with Judge Engelmeyer in New York City, this other rogue judge who had that ridiculous ruling about Elon Musk and Doge when it comes to the Treasury payments. Those would be two good candidates to get these articles of impeachment rolling there.
And then I would also support literally just possibly stripping some of these lower court judgeships there. When you actually start to make the other judges feel the heat, because if you are removing certain judgeships, by definition – You're going to then move some cases from their docket to the other docket. Judges will get the message sooner rather than later.
There are ultimately people that are not going to be wanting to literally work 24-7 there. They want to sleep and eat and see the wife and kids like anyone else there. So when you really start kind of putting some meat on the bone, so to speak, here with the congressional tools, I think you'll start to see a good response as well.
Charlie, it's it's been a beautiful sight to behold. It has been absolutely fantastic. You know, it kind of reminds me of what Steve Bannon said once during the first Trump administration, when Steve famously said that. That the way to deal with the corporate media and the Democratic elected official class is to flood the zone. And I'm a big sports – yeah, flood it. I mean I'm a big sports fan.
That's a football term. Steve is borrowing that from football. And it makes perfect sense. That's what they're doing day in and day out, Charlie. I mean – I mean, there's been so many executive orders that my buddy, Will Sharf, the White House staff secretary who I've been friends with for years, we literally co-founded Jews Against Sorrows together two years ago.
I mean, Will's become a household name because every day on cable TV, you see him handing off the executive orders. It's incredible stuff there. I love it. Keep them with the head on a permanent swivel there. Make sure they have no idea what's going on. There's something one day, there's something else the next day there. But he's doing dynamic stuff, Charlie. And the best part is it's working.
The Canada-Mexico tariffs, Panama getting out of China's Belt and Road Initiative there, the stuff in Gaza, I guess we'll see what happens there. But there is so much good stuff happening, I'm honestly starting to lose track of it myself.
Maybe Charlie Kirk is on the college campus.
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