Sheldon Whitehouse DRAGS SCOTUS Over The Coals For 30+ Minutes
TYT Investigates
Jul 2, 2024
464K subscribers ... 419,208 views ... 18K likes
#BreakingNews #Politics #News
Sheldon Whitehouse breaks down why the Supreme Court needs an ethics code.
For more from TYT Investigates, SUBSCRIBE at: / tytinvestigatesreports
You can read our stories at https://www.TYT.com/investigates
LIKE and FOLLOW us at / tytinvestigates
And connect with us on Twitter @TYTInvestigates
#News #Politics #BreakingNews
240701__IV02_WHITEHOUSE CALLS OUT SCOTUS THEM
Transcript
- 0:00
- Alo came before this committee and he had the chance to tell us that he thought roow was egregiously wrong make
- that observation about that case and instead he hid that sentiment he said
- instead Ro versus weight is an important precedent of the Supreme Court it was decided in
- 1973 so it's been on the books for a long time it has been challenged on a
- number of occasions and I discussed those yesterday and it is my and the Supreme Court has reaffirmed the
- decision so looking back he looks a lot like a sleeper agent predetermined to
- attack row who wouldn't disclose what he was up to until he had the majority that
- he needed to change the legal standard and destroy the legal precedent this is
- all part of the left's political master plan to delegitimize the Supreme Court and
- impune certain justices the process C in place appears to be working the
- Judiciary is pleasing itself they already reviewed and tightened their
- disclosure requirements and we'll all know over the next year or so whether
- these efforts are enough again this isn't real oversight let us be very
- clear about what is going on here
- billionaires who are invested heavily in influencing the Supreme
- Court have been caught giving enormous secret
- gifts to individual justices this raises obvious
- issues about disclosure of gifts to justices and of recusal by justices
- where the gifts should trigger recusal so saying Congress can't investigate
- here is saying that Congress can't investigate how laws Congress
- 2:06
- passed are being implemented by an agency Congress
- created that is obvious nonsense surrounding that obvious
- nonsense has come a billionaire lawyers fog machine of invective and
- misdirection for all the failing and nashing of teeth by the billionaires this is actually pretty simple at the uh
- end of last month we voted through the authorization for chairman Durban to
- issue subpoenas and um it was greeted with a
- barrage of talk about a whole variety of things but one was how Democrats were destroying the Judiciary Committee we
- were absolutely totally going to destroy the judici committee uh it was on us that the Judiciary committee was going
- 3:00
- to be destroyed I I understand what you'd like to do but I'm saying that In fairness we have debated these nominees
- twice and I ask the clerk to call the role
Mr chairman you're denying us an opportunity to speak on a nominee third
- time now okay do this we don't have a right to speak under the rules under the third the third time I'd say no you so
- you're just going to make it up so yeah like there's G be a lot of consequences coming here
you're going to have a lot
- of consequences coming if you go down this road
cautioned you I've cautioned a lot of the clerk will call the RO listen
- to me I cautioned a lot of you Mr chairman who has not been allowed to speak on that Mr chairman you just
- destroyed yeah one of the most important committees in the United States Senate
- well all the talk about destroying the Senate Judiciary Committee came rather in the
- nature of a threat
it was actually more like if we did something that we are
- perfectly entitled to do to pursue as after being persistently obstructed then
- Republicans would destroy the committee would undo any Goodwill or any
- bipartisanship or any uh collegial effort
here's an example of the no investigation's problem
the key fact to
- determine whether Justice Thomas was bound by law to recuse himself from the first January 6 committee case was what
- he knew about his wife's Insurrection activities and when he knew it on that
- fact the the lawfulness of his initial recusal decision turns yet Thomas has
- never been officially asked that question
it's a cover up in plain view
to sum up by all
- appearances a coch operation funded legal Theory supported by coch operation
- funded amiki is about to be deployed by coch operation funded lawyers to
- convince coch operation funded justices to achieve a longstanding goal
- 5:06
- of coke Industries
the ability to pollute more easily and more cheaply to
- twist American law through those techniques for that purpose is a deeply
- degraded thing it would be a tragedy for the American people
but you know what
- it's the scheme in a nutshell it's why all the effort was put together the
- hundreds of millions of dollars were spent to capture and control the United
- States Supreme Court for the benefit of a small cabal of creepy billionaires
- thank you chairman
we are here today because the Supreme Court is playing out of bounds of the ethics rules for
- federal judges justices read the ethics rules in unique and eccentric ways
and
- when they're caught out of bounds they refuse to allow any investigation of the facts the personal Hospitality problems
- 6:03
- I've been pursuing began with Justice Scalia who took more than 7 dozen undisclosed hunting vacations
most
- people know of two the one where he was on the Air Force 2 manifest with Dick Cheney and the one where he died
there
- were 70 plus more it was systematized some intermediary would ask the owner of
- an expensive Resort often a commercial property to extend to Scalia a personal
- invitation to the resort even where the owner was someone he'd never met
Scalia
- treated as personal Hospitality because of the personal invitation and failed to
- disclose the vacations
gun industry Advocates fossil fuel folks and Republican political
- figures often tagged along
no reasonable reading of the term personal Hospitality would cover this but the Supreme Court
- let this go on for years
when I challenged the court about this practice
- exhibit one I got a blowoff letter exhibit two
- 7:06
- basically nothing to see here
so then I asked the circuit courts what they thought about this conduct I went over
- 13 on answers oh that would be exhibit three
I went 0 for 13 on answers so I then sent
- another letter saying I hope their silence didn't indicate some kind of coordinated obstruction exhibit four I
- also scheduled a subcomm Committee hearing Presto I was told the financial disclosure committee would examine how
- the exemption was interpreted that's exhibit five almost a year later two
- weeks before the recent news about Justice Thomas broke the judicial conference updated its guidance to
- clarify that this sort of non-disclosure violates the law exhibit 6 I have no
- evidence that any federal judge outside the Supreme Court ever used the personal invitation trick and the judicial
- conference made up of other judges firmly shut it down regular judges would be loathed to use that trick because a
- 8:03
- complaint about it would go into a proper process and would be investigated
- and measured against the law and the ethics code and a conclusion would be reached and that conclusion could be
- embarrassing only Supreme Court Justices refuse to allow their conduct to be investigated or reviewed my bill would
- fix that which brings us to Justice Thomas's recent non-disclosure of supposed personal Hospitality from a
- right-wing billionaire and its problems first problem private
- jet travel is not in the personal Hospitality exemption which is limited to food lodging and entertainment
- exhibit 7 some textualist by the way second problem Thomas said it was okay
- because he'd asked colleagues but that Financial disclosure committee it's there to ask about
- financial disclosure setting aside that its name should give a clue Thomas knew
- 9:00
- the committee existed because concerns about his yacht and Jet travel gifts
- from this billionaire were referred there in 2011 after some of these gifts were
- first revealed in this New York Times story exhibit nine third problem there's no legal way
- not to disclose the property acquisition in Georgia fourth problem some of this
- personal Hospitality involved people dedicated to turning the court into a tool for right-wing billionaires namely
- Leonard Leo this guy doesn't have business before the court his business is the
- court this disclosure mess has again been referred to the financial disclosure committee which raises the
- question of the previous referral to that same Committee of the same Billionaire's gifts to Thomas of yacht
- and Jet travel the rules seem to require the committee to report its findings to
- the judicial conference the records of the judicial conference are public and
- 10:02
- the records of the Jud judicial conference contain no mention of any such report so what became of the 2011
- referral did anyone intervene is the committee still considering the 2011
- referral more than a decade later there is much yet to learn which is why last
- week I sent a letter to the courts asking for further answers exhibit 10
- three things are needed to fix all this better enforcement better accusal rules and better disclosures my bill would do
- all three I thank chairman Durban for this joint hearing and look forward to getting to the bottom of this mess until
- there is an honest ethics process at the Supreme Court these messes will continue
- the court has conclusively proven that it cannot police itself Nemo judex in
- suaa I ask unanimous consent that my exhibits be made part of the record Congress can of course investigate how
- 11:03
- laws Congress passed are being implemented by an agency Congress
- created for me all the theatrical wailing and nashing of teeth from these
- billionaires and their lawyers signals actually that there's a lot being covered up here and that should
- reinforce our determination to get to the bottom of this Scandal the fundamental question here is
- how bad how corrupting is the billionaire influence at the Supreme
- Court how serious is the appearance of
- impropriety you don't solve an appearance of impropriety Problem by
- keeping the impropriety secret it's still
- there it is now time for sunlight the best
- disinfectant at the end of the day the overheated objections we have heard from
- 12:02
- the billionaires assume the answer that nothing unow or improper has
- transpired but that is precisely the question we need to be
- investigating to say that an investigation is outrageous and should stop because we're all
- innocent presumes innocence a fact not here in evidence indeed all of the Abundant
- evidence is to the contrary that this is part of an orchestrated scheme to
- influence and control our Supreme Court thank you chairman I'm here today for
- the 26th time to detail the special
- interest billionaire funded scheme that has overrun the United States Supreme
- Court this evening I'd like to discuss some things about uh
- 13:02
- Republican Judiciary Committee members performance in the Senate Judiciary
- Committee recently as we voted on authorizing subpoenas for billionaire Haron
- Crow some of his holding companies and the court fixer Leonard Leo
- somehow that Republican threat to to destroy the committee morphed into
- Democrats destroying the committee but that doesn't make any sense if you think
- of a kidnapper shooting his hostage and then blaming the
- family for the murder of the hostage because the family hadn't yield to
- the kidnappers demands that's kind of backwards
- logic also backwards logic is the argument that the subpoenas were
- 14:02
- an effort to destroy not the committee but the Supreme Court the subpoenas would destroy or
- damage the Supreme Court okay let's think about that for a
- minute there is only one possible way that it could be true logically that
- these subpoenas could do damage to the Supreme Court only one and that is if
- the information the subpoenas would disclose is so damaging that it would
- damage or destroy the court subpoenas that turned up nothing would be no harm no
- foul if there's nothing evil to see in the information the subpoenas are
- pursuing there is no harm the necessary logical predicate of
- 15:00
- the destroy the court argument made by our colleagues is that subpoenas would reveal that something truly horrible
- happened at the court that now needs to be covered up covered
- up but that's not how appearance of impropriety
- Works justices of the Supreme Court are supposed to avoid doing things that
- might create even the appearance of
- impropriety the appearance of impropriety issue is not that you do impropriety and then go out and cover up
- its appearance we also heard a lot that day
- about the problem of subpoenaing private citizens as if that were something
- unusual if that is a problem it was a very new problem because just days
- before the committee had subpoenaed private citizens in the tech sector on a
- 16:01
- bipartisan basis without anyone's objection as always our Republican
- friends persisted in the argument that this committee has no business looking
- at Supreme Court gift disclosures that argument was is and
- will always be a phony the Judiciary Committee has every
- right to oversee how an agency that Congress created the judicial
- conference is implementing a law that Congress passed the judicial disclosures
- law it is within the jurisdiction of the committee it is a congressionally
- established body and it is a statute passed by
- Congress if Congress can't oversee how agencies it creates
- 17:00
- oversee laws it passes there's no oversight
- left and obviously understanding what gifts went
- undisclosed is essential to that
- inquiry we then heard that you can't have subpoenas because a related bill is
- out of the committee but Congress has every right to
- oversight and subpoenas at any stage in legislation and even at no stage in
- legislation because the bill in question has not passed here in the Senate it's
- come to the senate floor but it is not passed in the Senate and because Republicans not only
- Stonewall our investigation but threaten very plainly a partisan blockade of the
- 18:01
- bill here on the floor not a single Republican vote was I think what they
- threatened that makes it all the more obvious why continuing to build the
- factual case for reform is appropriate there is precisely zero
- basis for the theory that a senate committee can't look into a subjective
- legislation once some related legislation is out of
- committee preparing for a successful floor vote on that bill is only one
- obvious reason why that theory is painfully wrong if you look at all of that noise
- and fuss that was put up it's hard not to deduce that
- maybe something else is going on here here is my theory of the case
- as I have said in previous speeches very powerful right-wing
- 19:05
- billionaires spent years and hundreds of millions of
- dollars on a scheme to influence and even control the Supreme
- Court those very powerful right-wing billionaires are also massive funders of
- Republican politics and including Republican Senate
- Politics the problem is that those very powerful right-wing billionaires got
- sloppy and their gifts program to take care of certain Supreme
- Court Justices started breaking gift and disclosure rules very
- likely tax rules as well with a a few of the amenable
- 20:00
- Supreme Court Justices whom they were rewarding with lavish
- entertainments what we already know about that gifts
- program is bad enough how far the Billionaire's hands
- are in the cookie jar and how coordinated and orchestrated
- this secret gifts program was is information that they desperately
- want to suppress so they do what Mega donors do and pressure members of Congress to do
- what they want and in this case it was help the billionaires suppress the truth
- of what went down here in all of these matters the common theme is that fact
- finding the very basis of due process fact finding is not performed around the
- Supreme Court Justices fact finding despite being the essence of due process this court avoids
- 21:08
- like the plague all of this the behavior of our
- friends in the committee the cooperation and support
- from billionaires and judges and others the Mischief of not answering
- basic fact questions all of it signals that there is a
- lot going on here that there is a lot to
- investigate and that our investigation must and will
- continue to be continued and with that I yield the floor let me get to the point
- at hand I am back now for the uh 27th time to call attention to the right-wing
- 22:00
- billionaires scheme to capture and control our Supreme Court and connect it
- to things that are going on at the court right now the billionaire Elite that
- captured our Supreme Court wants to use it to attack Americans ability our
- ability as a people through regulation to protect our own health and
- safety and the goal mostly is to benefit the
- big polluters in their midst a word on
- regulation as modern Innovations have raised the standard of living in the United States and around the world and
- corporations have grown to International behemoths and billionaires have claimed
- for themselves a larger and larger share of the world's wealth
- regulation has come to have a very important role big corporations
- 23:04
- well-known motive to maximize dangers inevitably to maximize profits I
- should say inevitably causes dangers to society if you think of a big industrial
- plant that without oversight would leech chemical byproducts into the soil and
- water poison Wells and spread cancer you've got an idea of why regul a is
- needed over many decades Congress created administrative agencies to
- perform this task staffed by scientists and other experts to use their expertise
- to manage and re in these industrial dangers the American system of
- Regulation made our society safer and more prosperous
- period as heavy equipment and dangerous chemicals came to mines and factories and construction sites Regulators
- 24:01
- implemented workplace safety standards the meat packing jungle led to sanitation requirements in
- production facilities automobile Highway Carnage produced seat belts and airbags
- stock jobbing boiler rooms and insurance fraud provoked regulation to protect investors and
- insures what's been the result workplace illnesses injuries and deaths declined
- food born illnesses that used to kill thousands of people per year have been practically wiped out highways are no
- longer Carnage boilers rarely explode and medications and stock offerings and
- insurance policies are all safer for consumers and by the way in this
- environment of safety corporate profits soared the S&P 500 has returned in ex
- ESS of 7,800 clean air and clean water and safe
- 25:07
- food and cars are actually good for business
- regulation is good regulation is a public
- 25:23
- recalcitrant polluters is in the crew that captured
- the Supreme Court and they want not only to pollute for free they want to pollute
- without expert regulation well even Republican
- congresses wouldn't go for that so they turned to their captured unaccountable
- Court first they got the court to create a brand new so-called major questions
- Doctrine basically a too big to regulate escape hatch for big
- 26:02
- polluters and now they're using their captured Court to attack another
- precedent the legal Doctrine known as Chevron deference which is pretty simple unless
- the law is clear on technical matters courts defer to the agency
- experts this Arrangement makes sense Congress isn't suited and usually
- hasn't the expertise to make fine technical determinations so to prop up their
- attack on this Common Sense principle polluters have invented some
- fake arguments a few years ago these industries and their right-wing front
- groups began arguing that Chevron Defence has a separation of powers
- problem may make all the sense in the world but it has a separation of powers
- 27:03
- problem that courts must attend to because they say it gives unchecked and
- disproportionate power to the Executive Branch the problem with that argument is
- that it is just not true it is flat out false congress's legislative Grant of
- administrative authority to agencies comes with significant checks and
- balances I'm not going to go into all the details but for starters agency heads are appointed by an elected
- president and confirmed by an elected Senate and agencies may not promulgate
- rules willy-nilly they have to take public notice and comment and agency rules are subject to judicial review to
- make sure they're consistent with the rules and the administrative procedures Act and the public information and
- comment and the evidence that helps make sure that
- 28:02
- regulations by law have to be both reasonable and consistent with the
- evidence and the facts and in Congress when all that is going on we
- exercise direct oversight over these administrative agencies we do it through our oversight committies that have
- specific jurisdiction on specific agencies we do it through the Appropriations process very often you
- see Appropriations Riders to control agency behavior and we do it through the
- expedited review of the Congressional review act which we're seeing a lot of now in the Senate and it allows for very
- quick review by Congress of a challenged agency Rule and in fact Congress has used that rule to over has used that
- process to overturn agency rules 20 times since 2001 there's a whole
- ecosystem of secretly funded corporate front groups that manage this whole process it
- 29:03
- seems complicated but it's less complicated than a piano and people know how to play
- pianos now much of this is funded by The coch Brothers now one is deceased but
- the coke Industries political influence operation which is a powerful right-wing
- dark money political Network look at this sler case the
- lawyers who represent the petitioners in this case are working for free
- supposedly ostensibly for a public interest law firm called cause of
- action this supposed public interest law firm discloses no
- donors and does not report any employees
- as the New York Times discovered in this
- 30:06
- article those lawyers actually work for Americans for
- Prosperity the central Battleship of the Koch brothers
- political front group Armada that Armada by the way is very
- cozy with some of the far-right justices of the Sue Court indeed propublica has
- reported that Justice Clarence Thomas has repeatedly flown out to serve as the
- celebrity draw for the Koch political operations
- fundraisers including funding that landed at Americans for
- Prosperity as is now standard practice in these cases
- a flotilla of dark money front groups appeared as amiy cui purporting to be
- 31:06
- independent but actually with enormous common funding and orchestration these front groups are
- frequent flyers that spout anti-regulation arguments before The Supreme Court regularly like for
- instance the major questions Doctrine I mentioned earlier from the creation of these do
- Rines in right-wing hot houses through their amplification via right-wing front groups to their insertion into legal
- arguments by right-wing Amy Key the Common Thread through the whole process
- is massive secret funding from billionaire special interests
| |