UNBIASED - UNBIASED Politics (5/12/25): Suspending Habeas Corpus, the Qatari Government's $400M Gift, Mayor Arrested at ICE Facility, an Attempt to Lower Drug Prices, and More.
Episode Date: May 12, 2025SUBSCRIBE TO JORDAN'S FREE NEWSLETTER. Get the facts, without the spin. UNBIASED offers a clear, impartial recap of US news, including politics, elections, legal news, and more. Hosted by... lawyer Jordan Berman, each episode provides a recap of current political events plus breakdowns of complex concepts—like constitutional rights, recent Supreme Court rulings, and new legislation—in an easy-to-understand way. No personal opinions, just the facts you need to stay informed on the daily news that matters. If you miss how journalism used to be, you're in the right place. In today's episode: Announcement from Jordan (0:00) Pope Leo XIV (Robert Francis Prevost) Becomes First American Pope (1:59) Encounter at ICE Facility in NJ Leads to Mayor's Arrest and Conflicting Stories of Assault (6:08) ACLU Attorneys Representing 2-Year-Old U.S. Citizen Removed From U.S. Voluntarily Dismisses Lawsuit (15:37) White House Says It's Considering Suspension of Habeas Corpus (18:16) First South African Refugees Enter U.S. Under Trump's New Refugee Program (24:45) Qatari Government to Donate Jumbo Jet to Be Used as Air Force One (28:31) Trump Signs Executive Order Aimed at Lowering Drug Prices; Is It Possible? (34:26) Supreme Court Will Soon Hear Arguments in Birthright Citizenship Case; Here's What You Need to Know (38:53) Quick Hitters: US/China Trade Deal, Last American Citizen Hostage Released, Diddy's Trial, Federal Officials Subpoena California Records (44:31) Critical Thinking Segment (46:56) SUBSCRIBE TO JORDAN'S FREE NEWSLETTER. Watch this episode on YouTube. Follow Jordan on Instagram and TikTok. All sources for this episode can be found here. Learn more about your ad choices. Visit podcastchoices.com/adchoices
Transcript
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Welcome back to Unbiased, your favorite source
of unbiased news and legal analysis.
Welcome back to Unbiased Politics.
Today is a Monday, May 12th.
Let's talk about some news.
I have two things to tell you first though.
One is a reminder, the second is an announcement.
The second is probably more important than the first,
so just stick around.
As a reminder, tomorrow is Tuesday,
which means another edition of my incredible newsletter.
We'll be hitting inboxes at 6 a.m. Eastern time.
So be sure to subscribe if you are not subscribed already.
It's free, all you need is an email address.
You'll get caught up on all the quick hitters in politics, pop culture, business, and health news. And you can find the
link to subscribe in the show notes of this episode. The second thing is an announcement,
and that is this. Today will, unfortunately, be the last day of news episodes until the week of May
25th. I unfortunately have to get surgery later
this week. I'm not looking forward to it, but it's going to be okay. And they say I will be out of
commission for about a week and a half. However, don't worry. I will still have episodes for you.
Over the course of the next week and a half, I'm going to be putting out a three-part series
titled Everything You Need
to Know About the Three Branches of the U.S. Government. So you won't actually be missing out
on any episodes because I'll still be releasing episodes per the usual podcast schedule. They
will just be prerecorded and not based on current events. Instead based on, you know, there'll be
educational episodes about the functions of the US government.
When I've done this in the past,
you guys have absolutely loved it.
So I hope you love this new three-part series just as much.
I will be covering the legislative branch this Thursday,
the judicial branch on Monday,
and then the executive branch next Thursday.
And then hopefully by the following Monday,
I'll be back and ready to go.
So yeah, that's
that's my announcement with that out of the way. Let's get into today's episode. First
story of the day, right after Thursday's episode went out, a new pope was elected. So let's
talk about who he is and a little bit about what his politics are, or at least seem to
be from the little that we do know, right? As I've said in the past, I don't typically touch on foreign affairs
because it can be a pretty slippery slope,
but because so many of you requested
that I talk about the conclave, which I did,
I figured I would provide this update as well.
So Robert Francis Prevost,
who will go by Pope Leo XIV,
became the 267th pope of the Roman Catholic Church.
He made history by becoming the first American born pope.
He was born on September 14th, 1955 in Chicago, Illinois,
the south side of Chicago to be exact.
He received his bachelor of science in mathematics
from Villanova University in 1977
and a master of Divinity
from the Catholic Theological Union in Chicago in 1982. Now, I do want to just stop for a second
and say there are a lot of words, so I'm not Catholic, okay? And I have touched up on all of
my pronunciation ahead of this story. I just want to know if I just messed something up, please don't
come for me. I really did try to get all of my pronunciation down before doing this story, but like I'm only human. I may
make a mistake, okay? So Pope Leo pursued advanced studies in canon law at the Pontifical University
of St. Thomas Aquinas in Rome. He obtained a licensure in 1984 and a doctorate in 1987. In 1985, he began his missionary service in
Peru and again returned to Peru in 1988, spending a decade as head of the Augustinian Seminary,
professor at the Diocesan Seminary, judicial vicar, and parish priest in impoverished areas. His work focused
on pastoral care, education, and social justice. He was eventually elected as prior general of the
Order of St. Augustine in 2001, a position he held for roughly 12 years until 2013, and after
completing his term he returned to the United States serving as the director of the Augustinian Formation House in Chicago. In 2014, Pope Francis appointed him as apostolic administrator
of the diocese of of Chiclayo, Peru and titular bishop of Sufar. Pope Leo was consecrated on
December 12, 2024 and became the bishop of Cicleo in 2015. In January 2023,
Pope Francis appointed Pope Leo as prefect of the Dicastery for bishops and in that position,
he oversaw the selection of bishops worldwide and was made a cardinal later that year. So following
the death of Pope Francis on April 21st, a conclave of 133 cardinals convened,
as we talked about last week, and on May 8th, after four rounds of voting,
Robert Francis Prevost was elected pope, taking the name Pope Leo XIV. As for his politics,
he has been characterized as a moderate progressive, upholding traditional Catholic
doctrines while advocating for social justice. He's expressed opposition to things like
abortion, the death penalty, euthanasia, and gender ideology in schools, aligning
with core church teachings. He emphasizes compassion and inclusivity, particularly
concerning immigration and climate change. His choice of the name Leo pays
homage to Pope Leo XIII, known for championing workers' rights and social justice. Social justice has been
a theme throughout Pope Leo's entire life. A few fun facts about Pope Leo are
that he is a Chicago White Sox fan, he loves to play wordle with his brother,
he's met three popes, so Pope John Paul II, Pope Benedict XVI, and Pope
Francis. He has a creole ancestry in New
Orleans. And then finally, he watched the movie Conclave right before his own Conclave. And if
you still haven't seen it, I did recommend it to you guys last week. If you still haven't seen it,
I still recommend that you watch it. Switching gears a bit to some immigration-related matters
here at home, on Friday, the DHS said that three lawmakers
and the mayor of Newark, New Jersey,
quote unquote, stormed an ICE facility
known as Delaney Hall Detention Center.
This encounter led to the Newark mayor's arrest
and conflicting stories from both sides.
So let's talk about this.
US House Democrats, LaMonica McIver, Bonnie Watson Coleman
and Rob Menendez plus
Newark's mayor showed up to the ICE detention facility as part of a group of protesters
that had assembled outside the security gates of the facility. The protest took place after
Newark politicians alleged that the facility was inhumanely housing migrants without proper permitting, plumbing, electricity, and fire
codes. According to the DHS press release, Congresswoman Watson Coleman and Congressman
Menendez then joined protesters in making it past the security gate. And the press release says that
the two, quote, broke into the detention facility, end quote, by chasing a bus of detainees entering the gate and continuing
into the facility itself. According to a post by Congresswoman Watson Coleman, though, the lawmakers
were there to exercise their oversight authority as members of Congress. So here is what we know
about the lawmakers authority to be there. A CNN report said that under the annual appropriations act,
which is an annual bill passed by Congress
that designates the distribution of federal funds
to federal agencies,
lawmakers are allowed to enter any facility operated by
or for the DHS, which is used to detain
or otherwise house aliens,
and that members of Congress are not required
to provide prior notice of the intent to enter a facility
in their capacity to conduct oversight.
Now, I read the actual annual appropriations bill for you,
because as I always say,
it's really easy to read these articles, right?
The hard part is actually reading the bill.
And oftentimes these laws are not written in a way that, you know, it's not easy to understand. That's just the bill. And oftentimes these laws are not written in a way
that, you know, it's not easy to understand.
That's just the reality.
So here's what the law actually says.
And this is not to say that CNN is wrong.
I just want you to have the actual verbiage
because if we know anything about the law,
it is that laws can be interpreted in many, many ways.
And that is the purpose of the judiciary,
which we will get into more into in the three-part series that I will be releasing over the next week and a half. So this annual
appropriations bill says this quote, none of the funds appropriated or otherwise made available to
DHS may be used to prevent any of the following persons from entering for the purpose of conducting
oversight any facility operated by or for
the DHS used to detain or otherwise house aliens." Then right below that, the law says,
nothing in this section may be construed to require a member of Congress to provide prior
notice of their intent to enter a facility described above for the purpose of conducting oversight, but DHS may require that a request be made at least 24 hours in advance of an
intent to enter a facility." End quote. So the questions here really are as
follows. Were the lawmakers there to conduct oversight? Did DHS have a 24-hour
notice requirement? If so, was notice given? And then also, what happens,
if anything, when lawmakers show up with protesters as part of a coordinated effort,
coordinated protesting effort with the public rather than showing up by themselves? Does that
change anything as far as legalities go? So based on the text of the law, these are the questions
that should be answered. According to a spokesperson for Congresswoman Watson based on the text of the law, these are the questions that should be answered.
According to a spokesperson for Congresswoman Watson Coleman, the group of lawmakers had been granted access to enter and inspect the facility
between 3 and 4 p.m. on Friday. But as you'll hear in a few minutes,
Congressman Menendez said the facility did not know they were going to be there. So that's another thing that we don't really have definitive answers on.
Now, another thing I wanna highlight is that
the appropriations law only applies to members of Congress,
not Newark's mayor.
So this could explain why the mayor and only the mayor
was ultimately arrested,
but DHS has not confirmed this to be the reason.
Despite the mayor's lack of authorization
to be at the facility or inside
the facility, he defended himself by saying this, quote, I didn't go there to break any laws. I
didn't break any laws. I was there as the mayor of the city, exercising my right and duty as an
elected official, you know, supporting our congresspeople, preparing for a press conference
that was supposed to happen there."
Following the encounter and in response to the lawmakers' claims of concern about the
facility and its detention of migrants, DHS officials said that this particular facility
holds, quote, murderers, terrorists, child rapists, and MS-13 gang members.
End quote.
DHS has alleged that they have body camera footage showing members of Congress, meaning the three members that showed up on Friday, assaulting ICE
officers and quote body slamming a female ICE officer. End quote. DHS posted
a video of Congresswoman MacIver engaging with law enforcement captioned
watch. US Congresswoman LaMonica MacIver storms the gate of Delaney Hall
Detention Center assaulting an ICE agent.
In the video, McIver can be seen pushing her way through a crowd, though she's also getting
pushed at the same time by someone behind her.
At one point, she is seen raising her arm and punching the back of an ICE officer's
shoulder.
It's hard to see exactly what is transpiring in the video because it
is a pretty chaotic scene and there's really only one angle of everything, at least from
what the DHS posted, but I do of course have that video linked for you in the sources section
of this episode if you want to see it for yourself. Assistant Secretary of DHS Trisha
McLaughlin criticized the lawmakers for endangering law enforcement officers and wrote quote members of Congress storming into a detention facility goes beyond a
bizarre political stunt and puts the safety of our law enforcement agents and
detainees at risk members of Congress are not above the law and cannot
illegally break into detention facilities and quote she also said quote had these
members requested a tour we would have facilitated a tour of the facility and
quote appearing on Fox McLaughlin said quote if it was a typical US citizen and quote, had these members requested a tour, we would have facilitated a tour of the facility."
End quote. Appearing on Fox, McLaughlin said, quote, if it was a typical U.S. citizen and they
tried to storm into a detention facility that's housing dangerous criminals or any person at all,
they would have been arrested. Just because you are a member of Congress or just because
you're a public official does not mean you are above the law. Contrary to that claim though, we know after reviewing the law
that lawmakers do have certain oversight rules not afforded to private U.S. citizens. So keep
that in mind. McLaughlin also said that, quote, arrests are still on the table for this as the
ongoing investigation seeks to determine whether law enforcement officers were assaulted by the lawmakers.
The lawmakers have given a different account as we know. So Congresswoman
Watson Coleman responded to the description of the incident as stated in
the DHS press release calling it a lie. She said quote, the description is false
in every way imaginable. The notion that I or any of my colleagues body-slammed
armed federal officers is absurd. DHS is lying
because they know their agents were out of line. They have to resort to lies because
their conduct is indefensible on the merits. They can threaten us all they like, but their
lies are still lies. We will not be intimidated." Watson Coleman also said, contrary to a press
statement put out by DHS, we did not storm the detention center. The author of the press release was so unfamiliar with the facts on the grounds that they didn't
even correctly count the number of representatives present."
Congressman Menendez responded to the DHS's statement saying,
"...we have the right to conduct oversight on an unannounced basis.
It's a right that members of Congress have.
They did not know that we were going to be there, but we announced ourselves. They asked us to wait. We obliged. We waited an hour and a half."
Menendez added that the description in the DHS press release is,
"...false in every way possible. The real thing they should be responding to is the fact that an
ICE agent put his hands on two female members of Congress. If they're looking to have law and order and accountability, they should have answers to that. Trying
to spin this and gaslight the American people will not stand." End quote. So the
lawmakers claim that they were the ones mishandled by officers at the ICE
facility, which contradicts DHS and McLaughlin's account that lawmakers may
have assaulted ICE officers, you know, and specifically the DHS account that lawmakers may have assaulted ICE officers, you know, and specifically the DHS account
that Congresswoman MacGyver specifically assaulted
an ICE agent.
MacGyver did write on X that she and Watson Coleman
were shoved and manhandled and made these claims again
later in a press conference in which she reported
that she was quote assaulted by multiple ICE officers
while regional directors of ICE watched it happen.
Again, I do have that body cam footage linked for you
in the sources section of this episode,
if you're interested in watching it, but per usual,
a lot of conflicting storylines here,
that is what we know at this point.
Let's take our first break here when I come back,
we'll talk about some more immigration related matters,
including the administration looking into suspending
habeas corpus, what that means and more.
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Welcome back.
Some more immigration related news.
This one is an update to a story from a couple of weeks ago.
You might remember a couple of weeks back, we talked about that story where two mothers
were deported and sent back to their home country with their U.S. citizen children
who ranged in age from two to seven years old. Well following that, the ACLU
filed a lawsuit against DHS for wrongfully deporting the two-year-old
U.S. citizen child. So this was two separate families when I originally
reported on it, right? One mom was deported with her two-year-old
child, the other mom was deported with her two-year-old child, the other mom was deported with her four-year-old and seven-year-old. So the ACLU's lawsuit was
filed on behalf of the one two-year-old child. And in that lawsuit, the ACLU alleged the child
was wrongfully deported because remember, as a U.S. citizen, you cannot be deported.
The government though maintained that the child was not deported. Instead, the child was
removed with its mother who had requested that she be able to take her child with her. The DHS also
clarified that a proper parent or guardian could bring the child back to the U.S. so long as the
parent or guardian was a U.S. citizen or lawful permanent resident of the United States. The
latest update in this situation came on Friday.
The ACLU voluntarily dismissed its lawsuit
against the government with the lawyer for the family,
Gracie Willis, saying that the families were taking time
to think about their choices
and focus on their children's health and safety.
The attorney's statement said in part, quote,
given the traumatizing experiences
the families have been through,
they are taking a step back to have full discussions
about all their options,
the safety and wellbeing of their children
and the best ways to proceed
so the harms they have suffered can be fully addressed.
End quote.
Willis also characterized the claims that the child
was not deported as misleading and disingenuous.
She said from what she was told by her client,
the mother was told by ICE officers, quote, your children will be deported with you. Willis
also addressed a handwritten note that was filed by the government in the case, which
the government says was voluntarily written by the mother and says that she will bring
her child with her. Willis, the family's attorney says the decision to write that note
was not a decision made
by the mother but a statement she was told to write. In response to this voluntary dismissal,
Assistant DHS Secretary Trisha McLaughlin said, quote, the ACLU dropped its lawsuit on the false
claims that DHS deported a U.S. citizen. The truth is and has always been that the mother,
who is in the country illegally, chose to bring her two-year-old with her two Honduras when she was removed. The narrative that DHS
is deporting American children is false and irresponsible." End quote. Okay, moving
on, one of the biggest storylines of the week is that the Trump administration is
considering suspending habeas corpus. Let's talk about this because I'm sure a
lot of you have a lot of questions, you know, about what this means and why we're even talking about it potentially even what habeas corpus is.
On Friday, White House Deputy Chief of Staff Stephen Miller said the administration is, quote, actively looking at, end quote, the possibility of suspending habeas corpus in the context of the deportations of illegal immigrants. So first, what is habeas corpus? Habeas corpus is a legal
procedure that allows people to challenge the lawfulness of their
detention. Keep in mind, habeas corpus is not specific to immigration. So prisoners
use habeas corpus to challenge their convictions or challenge their
sentences. They argue that their imprisonment is unlawful. So it's a challenge that can be used by anyone in
detention. In this case though, the administration is considering
suspending the procedure specifically for illegal immigrants on the basis that
there is an invasion and we'll get into that more in a minute. But first I want
to say we kind of heard President Trump talk about his rationale for this in a minute. But first I want to say we kind of heard President Trump talk about his rationale
for this in a recent interview with ABC or not ABC, NBC's Kristen Welker. So he was asked
by Welker whether he understands that all people in the United States, regardless of
citizenship status, are afforded due process. And he said, well, I don't know that. And
you know, I'm going to leave that for the lawyers to sort out. But he also said there are millions and millions of people
that don't have a legal right to be here
that he wants to deport and it wouldn't make sense
to give all of them the right to challenge the removal
because that would take decades.
So that gave us a little glimpse
into why the administration is looking
at this potential idea of suspending habeas corpus
because without habeas corpus,
those in the country illegally wouldn't have a right to challenge the lawfulness of their detention.
Now to give you a little background, habeas corpus was introduced in very early America by
James Madison and it's been recognized by the Supreme Court. In fact, it's in the Constitution.
We'll talk about that more in a minute too. The Supreme Court has said that the writ of habeas corpus
is the quote, fundamental instrument
for safeguarding individual freedom
against arbitrary and lawless state action, end quote.
The Supreme Court also said it quote,
must be administered with the initiative
and flexibility essential to ensure
that miscarriages of justice within its reach
are surfaced and corrected." End quote. In
addition to the Supreme Court precedent, habeas corpus has roots in the
Constitution, specifically in the suspension clause. Now what the suspension
clause says is this. It says, the privileges of the writ of habeas corpus
shall not be suspended unless, when in cases of rebellion or invasion, the
public safety may require it.
Now one issue is that despite the inclusion of this suspension clause in the Constitution,
the clause does not specify which branch of government holds the power to actually suspend
habeas corpus.
It's long been assumed, though, that the power belongs to Congress, and there's a couple
of reasons for this.
One, because most of the other clauses in the same section of the Constitution are directed
at Congress.
But also, two, because throughout history, the only four suspensions of habeas corpus
were authorized by Congress.
In fact, during the Civil War, which was the first suspension of habeas corpus, President Lincoln suspended it himself,
unilaterally as the president,
and he got a lot of pushback for it.
And that pushback ultimately led to Lincoln
seeking congressional approval.
And since then, congressional approval has been given
every time habeas corpus has been suspended.
On the other side of the argument though,
you have the fact that the Constitution
does not explicitly say which branch of government holds the power, which could mean that the framers didn't intend to give the power to any one particular branch.
In fact, at the first Constitutional Convention, the first proposal of a suspending authority expressly vested the suspending power in the legislature.
However, the author of that proposal
did not keep that same language
when the matter was taken up
and the clause was ultimately adopted
without express legislative authority.
So does this mean the framers intended for the authority
to actually belong to other branches of government
and not just the legislature?
We don't know, but it begs the question, can President Trump attempt to unilaterally suspend
habeas corpus like Lincoln once tried to do?
Per usual, different sides argue different things, right?
The Trump administration highlights the fact that, again, the suspension clause, you know,
doesn't expressly vest suspending power in the legislature and the fact that the suspension clause
specifically states that habeas corpus can be suspended during times of invasion,
which the administration says is currently applicable to the immigration situation in the United States. As we know,
the president used the same rationale in issuing his March executive order, which invoked the Alien Enemies Act.
in issuing his March executive order, which invoked the Alien Enemies Act. Stephen Miller, the White House Deputy Chief of Staff, said that whether this
justification will stand in allowing a suspension of habeas corpus to proceed
will be determined by whether the courts, quote, do the right thing or not. End
quote. In other words, if the courts don't allow the administration to
continue with its expedited deportation efforts, that's when the administration
would consider suspending habeas corpus. Certain legal
experts have criticized the administration over this strategy and
have pointed out that only Congress can suspend habeas corpus per the
Constitution and per precedent. According to Georgetown Law Center
professor Steve Vladeck, quote, Trump is suggesting that the administration would
unlawfully
suspend habeas corpus if it disagrees with how the courts
rule in these cases.
In other words, it's not the judicial review
itself that's imperiling national security,
it's the possibility that the government might lose.
That's not and has never been a viable argument
for suspending habeas corpus, end quote.
Vladeck also called Miller's comments
factually and legally nuts.
Some legal experts worry that approval
for the Trump administration to carry out this action
of suspension would result in a shift
in the balance of power, placing the executive
above the legislature and the courts.
Okay, final immigration related story of the day. Well, I guess until we
get to the birthright citizenship case, but final immigration story for now. Yesterday,
the first South African refugees arrived in the United States under the president's new South
Africa specific refugee program. In February, President Trump issued an executive order titled
Addressing Aggregious Actions of the
Republic of South America. This order was issued in response to South Africa's recent enactment
of a law called Expropriation Act 13 of 2024. It allows the South African government to seize
agricultural property that is owned by ethnic minority Afrikaners without compensation.
Per Trump's executive order, the United States is not to provide aid or assistance to South Africa,
and two, will promote the resettlement of Afrikaner refugees, escaping what it calls
government-sponsored race-based discrimination, including racially discriminatory property
confiscation. A couple of things to note here.
So one, South Africa's affirmative action policies
are meant to correct historical inequality under apartheid
by targeting white people.
This is something the administration says
fosters reverse racism.
Two, no land has actually been confiscated
under this new South African law,
but Afrikaners have
concerns that it will happen down the road. The Trump administration along with South African-born
Elon Musk argued that white Afrikaners are facing persecution through violent farm attacks and a
lack of government protection. Notably, while farm-related violence has long been a concern in South
Africa, it does affect both white and black rural communities. Whites, however,
say that the government is failing to protect them. These concerns have played
a big factor in their eligibility for refugee status in the United States.
However, these specific criteria and application process have not been made
public. White House Deputy Chief of Staff Stephen Miller said the treatment of Afrikaners in South Africa, quote,
fits the textbook definition of why the refugee program was created, end quote,
emphasizing that it qualifies as, quote, persecution based on a protected
characteristic, in this case, race, end quote. Now, the South African government
has denied claims of persecution against white Afrikaners,
calling them, quote, completely false and based on misinformation.
It argues that Afrikaners, who are the descendants of Dutch and French colonial settlers, are
among the wealthiest and most successful people in the country, making them some of the most
economically privileged citizens.
With a population of 2.7 million Afrikaners
out of the 62 million total South Africans,
many in the country are thrown off by these refugee claims
given Afrikaners' prominent status.
Although the South African government has stated
there was no valid reason for the relocation,
it said that it would not prevent those that want to leave
and respects their right to choose.
One other criticism that the Trump administration is facing in light of the South African refugee program
is that it has sped up the refugee application process for white South Africans while
simultaneously pausing some of the other refugee programs like those enacted during the Biden administration
for, you know, people in countries like Venezuela and Honduras, as well as individuals in Afghanistan and
Sub-Saharan Africa.
So that's what's going on with the South African refugees.
That's why they arrived in the United States yesterday.
We don't know how many have applied for or have been granted refugee status as part of
this particular program, but apparently some reports are saying tens of thousands have expressed interest.
Next story, is the administration being gifted a jumbo jet by the Qatari government?
According to the press secretary, the answer is yes, so long as it's legal.
So over the weekend, reports started coming in that the royal family of Qatar was gifting
President Trump a jumbo jet to be used as Air Force One.
It's reportedly a $400 million Boeing 747-8, which will be first sent to the US Air Force
to be modified in compliance with military specifications.
And then at some point before January 1, 2029, which is right before Trump's last day in
office, the plane will be transferred
to the Trump Presidential Library Foundation, similar to Reagan's plane, which was decommissioned
and currently sits on display at Reagan's Presidential Library in California.
Keep in mind, the current planes that are used as Air Force One are two Boeing 747-200
jumbo jets that have been operational since 1990.
The contract to replace the planes has been repeatedly delayed.
And last year, Boeing provided an estimate and said that the new planes wouldn't be
ready until after Trump leaves office in 2029, although a more recent estimate shows more
like 2027.
Now since the initial reports came out about this jet, we've experienced
a bit of whiplash. ABC News originally reported that the jet was meant to have been announced
as a gift next week when Trump visits Qatar, but a senior White House official then denied
that claim. Yesterday, similarly, Qatar called the reports of it gifting a plane to the US
government inaccurate. But then today, press secretary Caroline Levitt confirmed the gift.
When she was asked about the gift today about the plane specifically, Levitt said, quote,
the Qatari government has graciously offered to donate a plane to the Department of Defense.
The legal details that are of that are still being worked out.
But of course, any donation to this government is always done in full compliance with the
law and we commit ourselves to the utmost transparency and we will continue to do that." End quote. When asked whether the
Qatari government is possibly doing this so they can get something from the president in return,
Levitt said no because the Qatari government knows that President Trump acts with the American
people's interests in mind only. When President Trump himself was asked about
the plane this morning, he said he would be stupid to turn down the offer. He also
said, quote, if we can get a 747 as a contribution to our Defense Department to
use during a couple of years while they're building the other ones, I think
that was a very nice gesture. End quote. So this implies that the president would
serve, not the president, the plane would serve
as a temporary Air Force One plane and then once the planes from Boeing are ready, the Qatari
plane would be transferred to the Trump Presidential Library Foundation where it would remain. But keep
in mind, no details have been finalized at this time. Now, critics have raised questions about
legality and ethics. For one, the Emoluments Clause of the Constitution says that no person holding any office of
profit or trust under them shall accept any present emolument, office, or title of any
kind from any foreign entity without the consent of Congress.
In other words, federal officeholders cannot receive gifts, payments, anything valuable
from a foreign state or its rulers without approval from Congress. The whole point of the clause is to
preserve the independence of the president or other officeholders from
outside influence. Now Trump is no stranger to emoluments challenges. He
faced many lawsuits in his first term over alleged violations. However, in 2021
the Supreme Court brought those cases to an end, finding them moot
because Trump was no longer president.
Congress has also tried to step in to this emoluments issue
and pass laws that prohibit the president specifically
from accepting foreign gifts and money
without congressional authorization.
But both times the bills failed to pass.
And if you're thinking to yourself,
wait, I thought you just said
that the emoluments clause
already requires congressional approval. Yes, but there was a fight in the courts over
whether the president is considered a federal officeholder. So just to clear up any confusion,
Congress tried to pass these laws, which would have said, regardless of the terminology used
in the Emoluments Clause of the Constitution, the president needs congressional approval before
accepting gifts from foreign entities. Obviously, in the past, we president needs congressional approval before accepting gifts from foreign
entities.
Obviously, in the past, we know all presidents have received foreign gifts.
In fact, the very desk that the president sit at in the Oval Office was gifted by Queen
Victoria in 1880.
So here's the thing.
Under law, foreign gifts that are valued at less than $480 can be retained by federal
employees. They can keep them.
Anything over that amount is considered a gift to the people of the United States,
and it must be logged and then disposed of by the White House Gift Unit. Most gifts, though,
are transferred to the National Archives or to the President's Future Presidential Library,
which acts as an archive of the president's administration.
That's allowed too.
If a president does take a gift,
they can keep it for their own personal use
so long as they pay fair market value for it.
But to be clear, the criticism in this case
is mostly because of the price of the plane
and how expensive it is compared to most gifts
that are given to presidents gifts that are given to presidents
and have been given to presidents in the past. But to wrap this up from a legal standpoint,
it would seem as if the Qatari government can gift the plane to be used as Air Force One. However,
once Trump leaves office, the plane would either have to sit at his presidential library
as he has suggested, or if he wanted to to keep it he'd have to pay fair market
value for it once his time in the Oval Office is done. The White House though has said that the
legal aspects of this are still being worked out. All right let's take our second and final break
here. When we come back we'll talk about the new drug pricing executive order, the birthright
citizenship arguments that are upcoming on Thursday and more. Welcome back.
This morning, President Trump sent an executive order aimed at bringing drug prices down.
Again, this is something the president also tried to do in 2020, but let's talk about
what this new order says and any effects that it may or may not have.
Remember, an executive order is a directive for federal officials and federal agencies.
Executive orders lay out a purpose and a policy
and then directives for federal officials and federal agents to carry it, not agents,
agencies, to carry out that purpose and or policy. In this particular order, the
purpose is to end the quote, egregious imbalance, quote, that exists between
global pharmaceutical profits and the United States population. In other words, the
United States has less than 5% of the world's population and
yet funds three-fourths of the global pharmaceutical profits.
The president says the inflated prices in the US fuel global
innovation while foreign health systems get a free ride. The
policy reads, quote, Americans should not be forced
to subsidize low cost prescription drugs and biologics in other developed countries and
face overcharges for the same products in the United States. Americans must therefore
have access to the most favored nation price for these products. End quote. So in accordance
with that rationale, the order sets forth multiple directives.
First, the Secretary of Commerce and U.S. Trade Representative are to take all necessary and
appropriate action to ensure that foreign countries are not engaging in acts or practices
that may be unreasonable or discriminatory and may have the effect of forcing American patients to
pay for a disproportionate amount of global
pharmaceutical research and development.
Second, the Secretary of Health and Human Services, to the extent consistent with law,
is to facilitate direct-to-consumer purchasing programs for pharmaceutical manufacturers
that sell their products to American patients at the most favored nation price.
Now there is a bit of a legality issue with that one
and we'll get there in a second.
First I wanna talk about the third directive
which is that within 30 days of the order,
the HHS secretary is to give pharmaceutical manufacturers
the most favored nation price targets.
The order says that if significant progress is
not delivered other actions will be taken and the order lists what those
other actions will be. I'm not going to go through all of them but they include a
rulemaking plan, certification to Congress, etc. Now the legal issue I was
talking about before is this. Federal law currently prohibits drug
manufacturers from selling prescription drugs directly to
consumers. Many laws do, actually, but I will give you one example. So the Prescription
Drug Marketing Act says that prescription drugs must be distributed through authorized
distributors of record, which are entities registered with the FDA and subject to specific
oversight. Because consumers are not authorized distributors
or licensed entities under the law,
the PDMA prohibits direct to consumer sales.
To enable direct to consumer sales,
the HHS secretary would need to either issue regulations
or seek certain exemptions that would allow
these direct to consumer purchases.
But currently under law, direct to consumer purchases. But currently under law,
direct to consumer drug sales are prohibited
and executive orders cannot supersede federal law.
Notably, the order does not specify
which drugs will be impacted,
though some reports are saying it would be drugs covered
by Medicare Part B.
The pharmaceutical industry has criticized the order
saying it's a bad deal for American patients.
The president of pharmaceutical research
and manufacturers of America said in part, quote, importing foreign prices will cut billions
of dollars for Medicare with no guarantee that it helps patients or improves their access
to medicines. It jeopardizes the hundreds of billions our member companies are planning
to invest in America, making us more reliant on China for innovative medicines."
End quote.
Importantly, when Trump attempted to do this in 2020, industry leaders put forth a similar
argument that these methods would give foreign governments an upper hand in deciding how
much people pay in the United States.
So we'll have to see what real world effects this order has and whether it even survives
scrutiny considering Trump's first attempt to do this was struck down by the Supreme Court in 2021.
This attempt is a little different than the first attempt though, so we will see.
Okay, so for this last story, I actually want to get ahead of things since I won't be around
on Thursday to talk about it.
This Thursday, the Supreme Court will hear arguments in the birthright citizenship case.
Now I want to go through the core birthright citizenship issue,, I want to go through, you know, the core birthright citizenship issue,
but I want to highlight the fact that what is really at issue right now is the legality of
nationwide injunctions, not the constitutional issue of birthright citizenship. In other words,
the Supreme Court probably won't decide the constitutionality of Trump's birthright
citizenship plan following arguments on Thursday.
So my purpose with this story is to set you up
for when those arguments happen on Thursday.
And we'll start to see these outlets releasing
these headlines about which way the justices seem
to be leaning, but that this way, now that you're caught up,
even though I won't be here with a new episode,
you'll know exactly what's at issue here
and what the arguments are on both sides of the debate.
So let's start with the core constitutional issue of this case, which is birthright citizenship.
Birthright citizenship, as we know it today, means that so long as you are born on US soil,
you automatically become a US citizen.
The citizenship status of your parents is irrelevant.
This is part of the Supreme Court's interpretation of the 14th Amendment of the Constitution, and what the 14th Amendment says is this, all persons born or naturalized in the United
States and subject to the jurisdiction thereof are citizens of the United States and of the
state wherein they reside.
Now the Supreme Court back in 1897 said that this clause should be interpreted to mean
that those born on US oil are entitled to US citizenship
President Trump signed an executive order in the beginning of his presidency that essentially said in order to be afforded birthright citizenship
One parent must either be a citizen or lawful permanent resident of the United States
The argument is that because the 14th amendment says all people born in the United States are entitled to citizenship as long as they are subject to the jurisdiction of
the United States, if neither parent is a lawful resident or citizen and
therefore not subject to the jurisdiction of the United States, the
child cannot automatically become a citizen. So Trump argues that those born
here without at least one parent with US citizenship or lawful permanent residency
are not automatically entitled to birthright citizenship
because they are not subject to the jurisdiction
of the United States.
Now the argument on the other side of that
is that everyone in this country,
regardless of citizenship status,
is subject to the jurisdiction of the United States
so long as they are on US soil.
It's why we can arrest non-citizens.
It's why we can convict non-citizens of crimes, et cetera.
But that is the debate at the core of this case.
However, since litigation started, the issue has evolved.
So following the issuance of the executive order,
three federal judges issued injunctions
to stop the order from being implemented nationwide. Three
federal judges blocked the order from being implemented anywhere in the United
States. The administration requested these orders be lifted from three
different appeals courts but was denied each time. So what the administration did
is they took these injunctions to the Supreme
Court arguing that nationwide injunctions to the Supreme Court, arguing that nationwide injunctions exceed
the authority of the district courts.
Keep in mind district courts are the lowest level of federal courts.
Now I've talked about this before, but this is something that many presidents have taken
issue with, including presidents Obama and Biden.
Presidents don't like these nationwide injunctions because they prohibit them from taking executive action. In their eyes, you know, it's one thing to ban
executive actions as they pertain to the particular plaintiffs that filed the
lawsuit, but that it's outside the scope of the judiciary's authority to ban
executive actions nationwide. Supporters of nationwide injunctions, however, argue
that sometimes they're the only reasonable way to address government
actions that are potentially unlawful. So in this particular case, the
administration is asking the Supreme Court to lift the injunctions that have
been placed upon it and instead limit the injunctions to the specific
plaintiffs that have filed suit against it. Either that or more broadly decide
that district courts do not have the authority to issue these nationwide
injunctions. To be clear, the Supreme Court has not specified which questions
it will answer so we don't know for sure what it will do here. Once arguments are
done later this week, the court's ruling could be as narrow as only deciding
whether these three
particular nationwide injunctions will be limited in scope or the Supreme Court could
issue a broader ruling that actually decides whether federal courts even have this authority
at all to issue these nationwide injunctions.
I do not see a world in which the Supreme Court is deciding the core constitutional issue of this case right now.
However, once the Supreme Court releases its decision surrounding the issue of nationwide injunctions,
the core constitutional issue of birthright citizenship will continue to play out in the appellate courts,
and then once an appeals court eventually rules on the constitutional question of birthright citizenship,
that is when the losing party will then take this case
to the Supreme Court and the justices can decide
whether they want to take up
the birthright citizenship issue.
So to be very, very clear,
the decision that we get from the Supreme Court
in the next month or two,
following oral arguments on Thursday,
will pertain to the procedural issue
of nationwide injunctions, not the constitutional issue of birthright citizenship. Okay now for
some quick hitters. First the US-China trade deal. We don't know too much about
the deal and the deal has not been finalized yet so I thought it would be
better just to include this as a quick hitter rather than a full story. Yesterday
the United States and China announced a truce in their trade war following talks
in Geneva over the weekend.
Per the terms of the tentative deal, tariffs will be reduced for a 90-day period.
The United States will reportedly drop its tariffs on China from 145% to 30%, and China
will cut its tariffs on the United States from 125% to 10%.
Essentially, both countries will cut their tariffs by 115%. Tariffs imposed on
China before April 2nd, as well as some other restrictions that the United States has on
China, will still be in effect. This includes additional tariffs on electric cars, steel,
and aluminum. China has also committed to removing non-tariff countermeasures imposed
against the United States since April 2nd. This includes countermeasures like adding rare earth
minerals to its controlled export list,
opening an anti-dumping probe into DuPont's China business
and blacklisting some US defense and tech firms.
According to both China and the United States,
these trade war discussions will continue
with both sides recognizing the importance
of finding a middle ground. Next, 21-year-old Adon Alexander has reportedly been freed as the last
remaining American Israeli citizen being held by Hamas. Alexander is said to be
one of two dozen hostages believed to still be alive and according to Israeli
officials the bodies of four other Americans are still in Gaza. Opening
statements in Sean Diddy Combs' trial started today
after finalization of the jury.
Combs is accused of being the ringleader
of an alleged enterprise that abused, threatened,
and coerced women into prolonged drug-fueled sexual orgies
with male prostitutes, which he called freak-offs,
and then threatening the women to stay silent.
Combs says all sex was consensual
and that he was simply part of the swinger lifestyle.
The DHS issued subpoenas to the government of California today seeking records related
to alleged disbursements of federal funds to illegal immigrants.
The subpoenas target the state's cash assistance program for immigrants, which provides monthly
cash benefits to aged, blind and disabled noncitizens who are ineligible for federal supplemental
security income.
The White House believes the program provides benefits
to illegal immigrants who cannot access
social security benefits.
And finally, let's finish with some critical thinking
for today's critical thinking segment.
Let's revisit the potential suspension of habeas corpus.
Remember, this segment is not meant to be too difficult.
It's not meant to stump you.
It is just meant to challenge your opinions
and get you thinking a little bit deeper
about certain issues.
So first and foremost, how do you feel
about the potential suspension of habeas corpus?
Are you against it or for it
for purposes of immigration and why?
Second, would your position change
if Congress approved the suspension?
Why or why not?
If you support the suspension, are you comfortable letting the executive branch act without checks
from Congress or the courts, especially when the Constitution doesn't clearly and expressly
give it that power?
And second, how would you ensure innocent people are not swept up into these mass deportations or detentions
if we remove their right to challenge their confinement?
Mistakes are made, that's not up for debate.
So how would you rectify those situations?
Now, if you are against the suspension,
ask yourself whether undocumented immigrants
who knowingly enter the country illegally
should have the same access to legal protections as citizens or legal
residents. And then consider this, if millions of people are in the United States illegally and
each one has to get a court hearing before being deported, does that essentially make it impossible
to enforce immigration laws and ultimately end up letting people stay simply because the
system is too overwhelmed. And this goes for supporters and opponents. I want you
to answer why whenever you answer one of those questions. Why do you feel that way?
Why are you answering the way that you're answering? That is what I have for
you today. I hope you enjoyed today's episode since it's gonna be a minute
until I'm back again with another news update. So just
as a reminder, the next three episodes will consist of a three-part series which will teach
you everything you need to know about the United States government and how it functions. I highly,
highly, highly recommend tuning into all of those episodes. You will be so much more informed once
you do. Since I'll only be releasing pre-recorded episodes for the next week and a half, have a great next couple of weeks and I'll be back before you know it.