RUSH: Well, we predicted it. It was easy to predict. It wasn’t any big deal, and it’s actually come to pass. It took a little longer than I thought it would take to come to pass, but it’s come to pass. An Obama judge in San Francisco — 580-some-odd miles from the border to Mexico in Southern California — has told the president that you cannot issue these new rules on asylum. You can’t do it. Even though the White House put together an executive order that was based on the same ruling from the Supreme Court previously which permitted the Trump travel ban.
We have an Obama-appointed judge that nevertheless said, “To hell with the Supreme Court and the hell with you! I’m gonna stop you from doing this, and you’re gonna take this to the Ninth Circuit,” which will probably find against Trump as well. And then, if they persist, it will head on to the Supreme Court again. What this is is an Obama federal judge along with the Democrat Party doing everything they can to stop Donald Trump from erasing Obama administration policies.
This is the preservation of the Obama legacy, which in this case means a lax border and a lax set of laws and rules for asylum. It used to be that if you wanted to seek asylum in the U.S., you had to first arrive here legally, and Obama and the boys came along and changed that. “No, you don’t. All you have to do is get here any way you can and you can seek asylum.” We have two competing laws that are out there. It’s a mess. Meanwhile, this situation on the border is becoming a powder keg.
Remember how they mocked President Trump for calling an invasion? You remember how they laughed at all of us for calling it an invasion? Well, even the Mexicans in Tijuana are thinking this is an invasion! They don’t know what to do about it. They don’t want these people pouring through town. Some of these people in the caravans are complaining about the free food the Mexicans have given them. That’s right. Some of these freeloaders in the caravan showing up here have been given food in Mexico, and they’re now claiming it was pig food.
It was worthless, and they’re demanding better. Meanwhile, American military force is present on the border. The White House has assured everybody those troops will be back by Christmas. I don’t know, folks. We’ll just have to see. But we’ve got a powder keg circumstance building again because this is exactly what the American left wants. They want this kind of chaos. They want Donald Trump defeated no matter what the issue, no matter what he does.
Whether it’s good or bad for the country is irrelevant. They want Trump stopped, and if it is perceived that Trump is trying to unravel or unwind or otherwise rid the nation of Obama policies, then of course that won’t be do. And the judges that Obama has appointed on the left will do anything that they can to stop Trump from doing this.
RUSH: Okay. Look at this. This is Fox News reporting here that Homeland Security says that the migrant caravan that has arrived the U.S. border is harboring more than 500 criminals. So we could put 10 in every state to be fair and to be equitable about it. I mean, there’s no reason all 500 should go to one state. So if we’re gonna be fair about this.
So we got 500 criminals… Of course, these are people we can’t turn back because they’re suffering and fleeing and so forth, just trying to have a better life. Who are we to turn ’em away? So we can’t turn them away. So my proposal is 10 criminals for every state, and that will be equal distribution of all 500 criminals in the caravan. See how easy that is?
RUSH: Okay. So in the Drive-By Media today, the big news is the federal judge in San Francisco telling Donald Trump to go to hell on his latest executive order regarding the applications for asylum among those entering the country illegally or via the caravan. We have somebody — Mike in Jacksonville, Florida — who wants to talk about it. Welcome, sir. We’re finally getting to the issue now. How are you?
CALLER: Good. How are you, Rush?
RUSH: I’m doing well. Thank you.
CALLER: Yeah. I wanted to ask you, theoretically, what would happen if a federal judge does what just happened and Trump comes out and says, “Well, this is the law that supports the framework for my executive order. It’s legal. Therefore, I intend to go through with it. It’s up to you on your side to take this up the legal chain, possibly all the way to the Supreme Court and then at the Supreme Court says I can’t do it, then I’ll stop”?
RUSH: Well, because that the legal procedure that… If you want to preserve the rule of law as was discussed earlier… I understand the temptation to tell this judge to go pound sand, because what this judge has done is simply insert his own political policy preferences trying to protect the Obama agenda, making sure that Trump doesn’t get to unravel it. Trump included in this executive order the legal justification for it from a previous Supreme Court affirmation of his travel ban!
He included it! The Trump lawyers who wrote this executive order included the previous Supreme Court ruling in this executive action explaining and justifying this one. And this judge still said, “I’m putting a stay on this; you can’t do this,” and the judge is then forcing this up the tree of the legal system. Now, you want the president just to tell a judge, “Screw it! I’m gonna do it anyway and you go to court and stop me.” But that’s not how this is gonna happen.
Actually, it took a little longer to happen than I and some other thought. I would have… I thought the judge would have been found the very day last week that Trump issued this executive action. Now, the judge in this case is somebody named Jon Tigar, T-i-g-a-r, a San Francisco based federal judge appointed by Obama. He issued his order last night “barring the Trump administration from enforcing existing asylum restrictions that Trump announced on November 9.”
They are entirely constitutional, and they are based on a framework and foundation of previous Supreme Court ruling affirming Trump’s right to have his executive order or action on the travel ban. Now, these are the same judges — and this guy Tigar in San Francisco. These are the same federal judges who are trying to enshrine Obama’s DACA program, which is an actual presidential rewrite of congressional law. DACA is unconstitutional!
Obama just wrote it and because of race, nobody had the guts to oppose him on it. So Obama actually rewrote legislative law and put it in executive order, and these same judges stood aside and let it happen! Here Trump is affirming an existing federal law on asylum, and a judge is stopping it. This is pure politics. This is not even legal. This is not even judicial. This is just an Obama judicial activist — a leftist activist that’s been named a judge, essentially.
Now, this judge claims that by temporarily prohibiting illegal aliens from seeking asylum and by requiring that asylum be sought at official ports of entry that the president has imposed “a condition that Congress has expressly forbidden.” It’s the exact opposite! People are pulling their hair out. Trump was acting pursuant to a sweeping grant of legislative authority of the immigration law, which the Supreme Court held just five months ago that does vest the president with power to suspend entry and impose entry conditions whenever he wants!
This is an existing federal law! The president already has statutory authority, legislative authority to keep anybody out of the country, or let anybody in, based on what his view of their threat to national security is. There is nobody that can — pardon the pun — trump the president, except this judge has. It’s an open act of legal defiance. It is an Obama leftist hack installed as a judge saying, “F— you” to Donald Trump. “We’re not letting you do this. We’re not letting you unravel Obama policy.”
Now this is gonna be appealed. It’ll be appealed to the Ninth Circuit which is also run by Obama judges. They will endorse what this judge has done, and this will end up back at the Supreme Court, where it will be tossed out — for certain now with Kavanaugh on the court. But for Trump to tell a judge to pound sand and just implement this anyway? I think the White House knew this… Everybody knew this was gonna happen. Everybody knew that this was what the left would do.
They would find a judge to issue this injunction. I think there is an effort here at causing these confrontations, which are thought to be informative and educational for the American. I don’t know how many people say, “I can’t I can’t believe these Democrats. I don’t believe these Democrat judges.” I don’t know how many Americans are actually having that reaction. I think the way the media covers this, most people — not most, but a sizably (sigh), unfortunately large percentage of Americans — think that Trump is trying to pull a fast one ’cause he hates people of color.
That’s how they’re trying to portray Trump’s rules on asylum. But the rules on asylum have been very simple for a long time. A, you have to seek asylum at the first port of entry of freedom you come to. Well, that would be Mexico for these people in the caravan. They’re coming from Central America. No. 2, if it wasn’t Mexico — if America was the first place — in order to be granted asylum, you have to have arrived here legally, and we’re not even talking about legal immigrants here. This is a… I mean, it’s a bald, in-your-face move by Obama-era leftist hacks to destroy U.S. immigration law, essentially.
RUSH: I want to get a couple of audio sound bites in here before we have to get out of here today, and they’re involving the judge and the Trump executive order on asylum. I want you to listen to Jonathan Turley. He was on Fox today. Bill Hemmer said, “You know, on immigration, this judge agreed with the Democrats about the port of entry, whether or not the law allows you to seek asylum if you enter the country from an illegal point of entry. So, Jonathan, how do you straighten this out?
TURLEY: I testified during the Obama administration against the president acting unilaterally to rewrite the immigration laws and I feel the same way here. This judge is on good ground that President Trump is essentially rewriting a critical part of the immigration laws unilaterally. What I find interesting is that many of these groups applauded President Obama when he was doing it. What is clear, if anything, is hypocrisy has no borders. Many of these people were delighted when President Obama — when he couldn’t get something through Congress — simply ordering it unilaterally. And many of us said that was unconstitutional.
RUSH: Well, hypocrisy never sticks to the left, and they know that. It’s never, never even pointed out that they’re being hypocritical. But I don’t even think Turley is right here. Trump didn’t act unilaterally. He just had an executive action that’s already rooted in an existing law, which basically says that if you’re applying for asylum, you have to be here legally. Obama wrote a competing law that wrote that out of the law.
See, the original law said you have to be here legally. Obama said (impression), “No, you don’t. I want anybody who ever comes here to be able to apply and get asylum.” So he passes an executive order that unilaterally trumped, if you will, the law. It was, as Turley points out, unconstitutional! All Trump is doing is reaffirming the original law, and a judge in San Francisco is telling Trump, “No you can’t do that,” because the judge is trying to save Obama’s legacy and destroy the country at the same time.
Let’s just be honest about what’s going on. There are… California is gone because it was intended for what’s happened in California to happen. The left intended for California to become what it is. They intended for Arizona to become what it is. Their intentions are planned for Texas — and, if their dreams come true, the whole country. That is what we’re dealing with. This is not the accidental implementation of liberal policy. It’s the purposeful implementation of liberal policy.