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Congressman Tom McClintock on Speaker Johnson & the FISA Vote

Congressman Tom McClintock on Speaker Johnson & the FISA Vote

Released Saturday, 20th April 2024
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Congressman Tom McClintock on Speaker Johnson & the FISA Vote

Congressman Tom McClintock on Speaker Johnson & the FISA Vote

Congressman Tom McClintock on Speaker Johnson & the FISA Vote

Congressman Tom McClintock on Speaker Johnson & the FISA Vote

Saturday, 20th April 2024
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0:00

Mister Speaker, I don't discount the mounting dangers we face dangers from enemies abroad,

0:06

but we also cannot discount the dangers we face at home from the very

0:10

powers that this bill would continue. This has been pointed out the FBI abused

0:16

these powers two hundred and seventy eight thousand times in a single year and turn

0:23

them against American citizens. Yes, indeed, that's Condreson Tom McClintock right there,

0:29

and I'd like to welcome him to the show. Sir, welcome,

0:31

Thank you for those words right there. It's the privileged to have the opportunity

0:37

to say them on the House floor. Indeed, the fies of vote,

0:40

can you take us back, Conresson and tell us you know, we got

0:44

what's happening right now. But going back, when did the abuses really start?

0:49

Was it with the Patriot Act? Yes, if it was Lord Acton

0:55

who said that power tends to corrupt, and absolute power corrupt. Absolutely.

1:00

If these powers are given to government of people, human nature being what it

1:04

is, ultimately those powers will be abused. That's why we have the system

1:08

of checks and balances to try to contain that tendency. And the Patriot Act

1:15

breached a lot of those containment mechanisms and produced the scandals that we've endured over

1:22

the last few years. Yeah, I had just started in talk radio then

1:26

and I was against that movement. I remember saying, well, in the

1:30

future, let's say it's president fill in the blank, do you want them

1:34

to have these powers? And that's what we're experiencing right now, And I'd

1:38

always I equate it to do you think I just picked nineteen eighty four.

1:42

If we found out the government was opening our letters that we mailed each other

1:45

and our phones were bugged, we would call that KGB ussr accent right.

1:51

Well, you know, the American founders actually lived under such a system.

1:53

They were called rich of assistance at the time, or general warrants, where

1:57

the British Crown would essentially indiscriminately search of people's homes looking for a crime they

2:05

could pin it. He could pin them on this labyrinth a Barria. The

2:12

head of Stalin's KGB had a saying, show me the man and I'll find

2:19

you a crime. Well, that was essentially what the rits of assistants were

2:22

all about. They were challenged in a very famous trial in seventeen sixty one

2:29

by James Otis in Boston. He called them tools of tyranny and an affront

2:35

to the rights of Englishmen. There was a twenty something lawyer in the crowd

2:38

that day, and he later recalled. He said, he left the courtroom,

2:44

as did an immense crowd, resolved to take up arms against these writs

2:50

of assistants. He said, then and there the child independence was born.

2:58

And that lawyer was John Adams. He believed that this was the first spark

3:04

that ignited the American Revolution. And so when in seventeen ninety one, when

3:10

the Bill of Rights was being developed, the Fourth Amendment was created to protect

3:16

future generations from the indignities and injustices of the rich of assistance. And what

3:24

the Patriot Act did, I was, in a very real sense, brought

3:30

those abuses back, or at least a segment of those abuses back. Yeah.

3:35

It gave them the opportunity to use them as tools and weapons. You

3:38

gave me a great idea for the weekend to go rewatch. I think it'd be the third time now the HBO John Adams series just loved that. I

3:46

know, Congressman McClintock, you've seen you've seen things I'll never see that most

3:51

of us will never see when it comes to terrorist activities in the United States.

3:54

But I do watch movies and terror cells. Yes, bug them,

3:59

spy on them, and tap everything that they got going on. Why can't

4:02

we have a balance here where you do that. But I'm not spite upon

4:06

Well, we do, and it's called the Fourth Amendment. If the government

4:12

wants to search through your stuff, whether it's your soft drawer or your web

4:17

browsings, it first has to convince a judge that there is probable cause to

4:25

suspect that you have committed a crime, and then specify what it is they're

4:30

looking for. Now. Of course, you know, as you point out, the government doesn't need to get a warrant to spy on foreigners. But

4:36

and here's the problem with FISA. Suppose it picks up a conversation between a

4:42

foreigner and an American. These records, which are all warrantless searches, go

4:47

into this gigantic searchable database. If this American was talking to a foreign terrorist

4:54

suspect, who else was he talking to? Well, Section seven oh two

4:57

fives, which is at the heart of the debate, we just allows the

5:00

government to search through this enormous trolle of personal data looking for evidence of a

5:05

crime that the individual might have committed, though there's no reason to believe that

5:10

he did commit such a crime. It's a rid of assistance. And the

5:15

clip you pointed out, in a single year, the federal courts have ruled

5:20

that the FBI improperly searched this data base two hundred and seventy eight thousand times

5:26

in a single Ye're looking for political donors for legislative staffs, protesters on both

5:32

the left and the right. And the question occurs, should this require a

5:38

search warrant? I very much believe that it should. Didn't we in nineteen

5:41

seventy five have the Church Committee about Nixon and doing that to the anti war

5:45

movement. Exactly. These powers, if they are tolerated, will be abused.

5:50

There's just no other way around it. Human nature being what it is.

5:54

That's why we have a fourth Amendment. And yes, it would be

5:57

a lot, would be a lot safe if we could, if we could

6:00

search every computer record at whim, But imagine how much safer we'd be if

6:09

we if we stationed a soldier in every home. But we have a third

6:14

Amendment to protect us against that abuse, just as we have a Fourth Amendment

6:17

that protects us against the discriminate to searches. Congressman, is it true the

6:21

government at least has a record and knows every key stroke we make. I

6:29

don't know the answer to that question, all right, pre Speaker, when

6:32

he was Congressman Mike Johnson and Louisiana, did you, guys, I don't

6:35

know, like, sit at the waffle house and talk Faiza ever and you

6:39

ever have a conversation because he was seemed like very much on your side,

6:44

on the side I'm on and many of us are on. But now you

6:46

Speaker, it's different. Did you ever converse with him about it? Oh?

6:49

Yes. We served on the House Judiciary Committee for years as this subject

6:54

was being debated, and he always advocated for the Fourth Amendment for a search

6:59

warrant. I don't know what has happened to him in the last few months

7:04

to change him so radically on this subject. But you know, the principles

7:09

don't change. But the principles are ageless. They're the same today as they

7:12

were. The technology may have changed. We don't lock these, you know,

7:16

our records on parchment in a cupboard. We now locked them in a

7:24

server. But it's exactly the same principle, and how he could have changed

7:28

so quickly as one of life's little mysteries. I guess life little congressional Potomac

7:32

River mysteries. We'll call it. Well, it's not I would say,

7:38

probably. Would you say all the time that you've served in Congress is right

7:40

now the most chaotic. Oh, certainly of my sixteen years in the House

7:46

of Representatives, no question about it. But you can look back through history

7:50

and find far more chaotic times. There was a day in eighteen fifty six

7:55

when congressmen pressed in Brooks across the Capitol, Rotundo walked in the Senate chamber

8:03

and took his walking stick and smashed it over the head of Senator Charles Sumner,

8:07

who was there at his desk peacefully addressing envelopes at the moment. Of

8:11

Brooks constituents reacted to this, this horrent, violent attack by their congressman by

8:18

sending him new walking sticks to replace the one he broke over Sumner's head.

8:22

That's that's you know, We've we have seen even more turbulent times in the

8:28

past and our constitution, and they usually occur as we drift away from the

8:31

principles of the Constitution, and as we drift away from them, those principles

8:37

begin to draw us back, and I think they will again. Well,

8:39

last night, pretty pretty late hours, I guess the House Rules Committee,

8:45

the minority overcame, the majority, the advanced the rule build to the House

8:50

floor with this foreign aid funding. That is correct, but you know that

8:56

that's that One of the big problems that is causing the instability UH is the

9:03

breakdown of party unity on the Republican side. You know there there you know,

9:07

any any vote you cast on the House floor on any policy matter is

9:13

between you and your conscience and your constituency. But there there are certain classes

9:20

of of business that actually run the House and those questions are do not belong

9:26

to individual members, They belong to the House majority collectively. UH. And

9:31

those those issues include who's elected the Speaker of the House UH and UH and

9:37

and what bills are reported to the House floor. That requires these decisions to

9:43

be made in the majority conference and then to be enacted by a majority acting

9:48

as a majority on the House floor. That's what's broken down and that's what

9:54

caused the UH. The catastrophic loss of Kevin McCarthy, under whose leadership we

10:01

had achieved miraculous results, first of all, who had actually won a five

10:07

seat majority and then was able to wield that five seat majority very very effectively

10:11

in a large number of issues. It was the breakdown of that party unity

10:18

that caused all of the chaos that's unfolded since you know, I can't tell

10:24

you how many times I've heard people say, well, the Republicans booted Kevin

10:28

McCarthy, their own speaker. Well, that's completely untrue. Kevin had the

10:33

overwhelming support of the Republican conference. It was eight malcontents joining with the Democrats

10:39

that created that chaos, and that have now left us with a speaker without

10:45

nearly the experience or capabilities. All right, Okay, McCarthy, he's done,

10:52

he's retired. I am sorry to interrupt, but I really want to

10:56

get to find out what your opinion. You know, Speaker Johnson, do you want him to stay? I think we could have done better, I

11:03

think, and nothing against him. I think that in ten years she'd make

11:07

a very good speaker. The problems we don't have ten years. Yeah,

11:13

when I hear the results, so I will go back to McCarthy. Our

11:16

border was opened then and it's open now. Voters out here were deaf ears

11:22

about things being done. Nobody has used the power of the purse. Nobody

11:26

has stood up. I don't agree with everything Marjorie Taylor Green says, but

11:30

I agree with a lot of what she says, and a lot of us

11:33

out here do. It's the boogie called putting food on the table and gas

11:37

in the tank. And I'm going to say, any Republican that supports Ukraine

11:41

eight and then talks about how horrible Biden's economy is and puts them down while

11:46

making us pay this money out there, I can't follow that line of thinking

11:52

and I won't support it. Well. I first, with respect to the

11:58

border, this is an enforcement issue. This is not a question of law.

12:01

You know. When I was at Yuma last year, I met with

12:05

a group of Border patrol officers and I said, well, you know, we're the executive we're the legislative branch. We can't enforce the law. We

12:11

write the laws. What laws do you need us to write to make your

12:15

job easier? And the unanimous answer was, we don't need new laws.

12:18

We need to enforce the laws that we have. When I was at Eagle

12:24

Pass in Del Real sector in January, the chief of the Border Patrol said,

12:28

look, I'm standing in front of an open fire hydrant with a bucket.

12:31

I don't need more buckets. I need somebody to turn off the hydrant.

12:37

Donald Trump did that. When he left office, the border was secure

12:41

under our current laws because he actually enforced those laws. The remain in Mexico

12:46

policy had slowed illegal immigration and phony asylum claims to a trickle. The border

12:52

wall was nearing completion. We were actually enforcing court ordered deportations. Then we

13:00

had a new president takeover, and by the end of his first day in

13:03

office, he to reverse all those policies and produce the worst illegal mass migration

13:09

in recorded history that we're suffering from today. That cannot be solved by bills

13:18

that won't be signed, or laws that won't be enforced, or replacing one

13:26

leftist official with another. It can only be solved by replacing this administration with

13:33

one that is dedicated to actually enforcing the law, defending our nation sovereignty,

13:39

and upholding the rule of law. And that can only be done by the

13:43

American people. I will say this, it was Kevin McCarthy's leadership that produced

13:48

HR two, which will make it much harder for future presidents to ignore the

13:54

law as Biden has, and will be much make it much easier for future

13:58

president's life Trump to enforce those laws with a very slender majority. It was

14:05

Kevin McCarthy's leadership that got that bill through the House, and I know that

14:09

because I'm chairman of the Immigration Subcommittee. Well, let's talk judiciary that produced

14:13

that bill. Let's talk about that. If Trump's not in prison, I

14:16

guess we have to wait until January twenty twenty five. Seafing changs come.

14:20

But Democrats in Congress when Trump was there made a stink man. They did

14:26

not let up. And the Republican Congress with the Democrat administration, have had

14:31

the power of the purse to force changed. And nothing's changed. Nothing's changed,

14:37

nothing's changed. I can't give, I can't give. I can't give

14:39

credit to any Republican for something changing, because it's wide open right now as

14:43

I speak, Trevor, the same meeting in Yuma, the border user line

14:50

border patrol officers who've devoted their careers to defending our border. One thing they

14:56

told us was, for God's sake, don't send us more more money.

15:01

Uh, they'll just spend it to to process illegals faster across the border.

15:07

It's the only time in my in my life, I've ever heard a group

15:09

of government employees tell me, don't send us more money. Uh. So

15:13

it's not it's not a question of of the power of the purse, nor

15:18

is it the question of the inadequacy of the law. How about, we're

15:22

not going to do any more spending unless you shut the border down, shut

15:26

the shut the border down, or we shut the government down and explain to

15:28

America why you're doing it for their own safety? Well? Right, is

15:35

that too simple? Is that some things that sends the border patrol home?

15:39

Trevor, Come on, okay, we're gonna shut the government down except for

15:41

basic essential needs. Stop the crazy talk for a moment and start thinking.

15:46

Congressman, there's many people out there that are saying what I'm saying is not

15:48

crazy talk. To say that's crazy talk is to not be in touch.

15:52

I'm sorry, but it's crazy talk. You're you're you're saying you're going to

15:56

shut down the border by sending the border patrol home. No, I didn't

15:58

say that. Okay, let's okay, Then put that in your role lead

16:02

the water patrol. There put that in your role. Hey Trump sat there with Schumer and Pelosi and said, yes, I'm going to shut it down.

16:07

Yes, I'm going to shut it down. What happened to that kind

16:10

of a drive problems? The Border Patrol doesn't operate under the House of Representatives.

16:14

We fund it, but it is directed by the president. That is

16:18

an executive function. You know, one of the problems I think we have

16:21

in this country is we stop teaching constitutional principles the generation to go and we're

16:26

losing the grasp of how our government is organized and why it is organized that

16:33

way. But ultimately it comes down to this. You know, when people ask me, how can be happening to our country? Is not all that

16:37

complicated. If you voted for Joe Biden and the Democrats, this is exactly

16:41

what you voted for. We've had repulicance, we've voted for and it's still

16:45

there. The problem is still there, Trevor. This is what they promised

16:48

to do, this is what they have defended for these last three years,

16:52

and ultimately it can only be solved at the ballot box by the American people.

16:59

And that's why this election is so important, and that's why all of

17:02

us have to think clearly about this as we approach that critical election. Yeah,

17:08

all right, well, I guess we'll have to go vote for people

17:11

that did not get it done when we voted for him the last time.

17:15

There's a lot of people that feel that way. Yeah, I don't think

17:18

you're listening. I have had phones on with the volume of I'm listening to

17:22

you. You past the most comprehensive immigration bill of the past century through the

17:27

House with a five seat majority. We don't have the votes in the Senate,

17:33

and the President won't sign it. That can only be fixed by the

17:36

American people. I agree with you one hundred percent, Congressman. I appreciate

17:40

your time in the dialogue, and I hope you'll come back on and again,

17:44

this started out by me complimenting you for your vote for Faiza, and

17:47

I still compliment you on that because that's very important. Anything. In closing,

17:52

I'll give you the final word. Oh, I was going to say your voice is very important too, and I do enjoy these discussions. But

17:56

we just need to remember that old Roman saying those the gods would destroy would

18:03

first make mad. We have to think these are very perilous times and we

18:07

all have to think clearly. And I don't see that out of Marjorie Taylor

18:12

Green. I did see that out of leaders like Kevin McCarthy. And we'll

18:17

just see what we get in the coming days with the with the new leadership.

18:22

Appreciate your time, sir, Thank you, my pleasure. Trevor take

18:25

care you bet you. This is the Trevor Crazy Talk Carry Show. This

18:30

is the Trevor Cherry Show on the Valley's Power Talk, The Trevor Crazy Talk

18:36

Carry Show on the Valley's Power Talk. I can't do it like Victor Law.

18:42

The Republicans need a course and how to make a statement, not create

18:45

them. In the city of CLOB's name one of the safest cities in California,

18:51

Way to Go Clovis came in at number twenty. I'm sure there's a

18:55

sign being painted right now, Welcome to Clovis, one of the safet the

19:00

city's in California. Small print number twenty rat but that's still good. Most

19:03

of them are in Orange County, some northern San Diego County, some way

19:07

up north in Placer County. Number one Rancho Santa Margarita in Orange County.

19:15

They don't even lock their doors. They leave their cheese in their car.

19:18

Right now, they're too close to the border. Nobody can to send it

19:22

for the first time in history, exonerated to defend it without even a trial. Next

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