John Stossel: “Market discipline is the only real protection”

April 11, 2012

Writer

Somehow libertarian John Stossel survived over 20 years at ABC before finally making it over to Fox. The man who Glenn described as, “one of my favorite guys on TV,” joined Glenn this morning on radio to discuss his new book, No They Can’t: Why Government Fails and Individuals Succeed.

Of the 28 years that Stossel spent at ABC, 20 of them were as a libertarian fighting the left and big government. John told Glenn that had “enough of winning Emmy awards and bashing business – I want to explain how government is the bigger problem …and that fight went on for 20 years.”

John’s new book explains a fascinating new theory: small government goes against intuition.

“They no they can't is a reaction to the Obama campaign’s "yes we can",” John told Glenn, “and that came to mean government – and I do think that's instinctive. When we're scared we think we have to turn to government for a solution.”

Stossel used the example of September 11th. “After September 11th I was scared in New York, and they said “we have to have government run airline security.” That made sense to me,” he told Glenn.

He went on to explain that the Senate voted 100 to 0 to federalize the TSA, which we now know isn’t very good. “People don’t know that it [the TSA] costs ten times the old screener costs,” John explained.

Stossel continued this point by using the example of San Francisco, the one big city that still allows the use of private screeners. The screeners are more friends and the lines move more quickly.

“By the TSA’s own tests they find more contraband,” he said. “They’re just better, because they’re a private company, and they don’t want to lose the contract and they do things like run contests for their screeners. It’s great.”

“You could have given me a $1 million. You could have put a $1 million prize. I could have polled the audience and phoned a friend, and we still wouldn’t have been able to guess which city has privatized security being San Francisco,” Glenn said. “How in the hell did that happen?”

John explained that the airport manager in that city just so happened to be the first to use the clause in the law that allows cities to opt out. The TSA has since begun to ignore this requests cities are putting in for the clause, because so many want to opt-out.

“Glacier national park in Montana, where they have triple the amount of traffic in summer, the TSA doesn't adjust the work force,” John said, “it’s a government bureaucracy.”

“You say intuition says corporations are out of control, and government has to police them,” Glenn said to John.

John explained that on the surface it seems much more complicated that market forces could protect you. It seems much easier that corporations need to be controlled so that they don’t go out of control. But, that’s not the case. The corporations get out of control when they don’t reap any of the consequences of their actions. “If they’re out of control, if they hurt their customers, they shrink – they go out of business,” John said.

“That makes sense,” Glenn said. “Because the financial sector is out of control, but it would have solved itself if they would have collapsed back in ’08. They would have learned their lesson.”

“And the investors would have been wiser,” Stossel added. “Market discipline is the only real protection.”

Glenn agreed with John, but no one is getting this message across to the American people.

“If it goes against intuition and the media will not put reasonable people on—maybe there's a flash of light here and there like you were on the ABC—but you can't get into the system to say the American people, ‘look I know your gut says this, but it's the wrong way to go.’ How do you change that? How do you get people to say I want small government?” Glenn asked John.

“I think there's one simple way,” John answered. “You give all your friends a copy of No They Can’t: Why Government Fails and Individuals Succeed.”

“So your book is the key to happiness, and Utopia?” Pat joked. “Wow.”

“It's a Libertarian's dream, and something that we need to read, understand and be able to explain to our friends,” Glenn concluded, “because their gut will tell them the opposite way to go.”

Trump exposes Left’s habeas corpus hijack in border crisis

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Democrats accused the president of declaring war on civil rights. In reality, he’s defending habeas corpus while they drown it in delays and legal loopholes.

Tuesday’s congressional testimony from Homeland Security Secretary Kristi Noem turned heads for all the wrong reasons. Pressed to define “habeas corpus,” she stumbled. And while I respect Noem, this moment revealed just how dangerously misunderstood one of our most vital legal protections has become — especially as it’s weaponized in the immigration debate.

Habeas corpus is not a loophole. It’s a shield. It’s the constitutional protection that prevents a government from detaining a person — any person — without first justifying the detention before a neutral judge. It doesn’t guarantee freedom. It demands due process. Prove it or release them.

Bureaucratic inertia, activist judges, and political cowardice have turned due process into a slow-motion invasion. And the left knows it.

And yet, this doctrine — so essential to our liberty — is now being twisted by the political left into something it was never meant to be: a free pass for illegal immigration.

The left wants to frame this as a matter of compassion and rights. Leftists ask: “What about habeas corpus for migrants?” The implication is clear: They see any attempt to enforce immigration law as an attack on civil liberties.

But that’s a lie. Habeas corpus is not an excuse for indefinite presence. It doesn’t guarantee that every person who crosses the border gets to stay. It simply requires that we follow a process — a just process.

And that’s exactly what President Donald Trump has proposed.

Habeas corpus, rightly understood

Habeas corpus is the front door to the courtroom. It simply requires the government to justify why someone is being held or detained. It’s not about citizenship. It’s about human dignity.

America’s founders knew this — and that’s why they extended the right to persons, not just citizens. Habeas corpus isn’t a pass to stay in America forever — it’s a demand for legal clarity: “Why are you holding me?” That’s it.

If the government has a lawful reason — such as illegal entry — then deportation is a legitimate outcome. And yet, the left treats any enforcement of immigration law as a betrayal of American ideals.

The danger today isn’t that habeas corpus is being ignored; it’s that it’s being hijacked. The system is being overwhelmed with bad-faith cases, endless appeals, and delays that stretch for years. Right now, the immigration courts are buried under 3.3 million pending cases. The average wait time to have your case heard is four years. In some places, people are being scheduled for court dates as far out in 2032. Where is the justice in that?

This is not compassion. This is national sabotage.

Weaponizing due process

The left uses this legal bottleneck as a weapon, not a shield. Democrats invoke due process as if it requires the government to play a never-ending shell game with public safety. But that’s not what due process means. Due process means the state must play by the rules. It means a judge hears a case. It means the law is applied justly and equally. It does not mean an open border by procedural default.

So no, Trump is not proposing the end of habeas corpus. He’s calling out a broken system and saying, out loud, what millions of Americans already know: If we don’t fix this, we don’t have a country.

This crisis wasn’t an accident — it was engineered. It’s a Cloward-Piven playbook, designed to overwhelm the system. Bureaucratic inertia, activist judges, and political cowardice have turned due process into a slow-motion invasion. And the left knows it.

Abandon the Constitution?

Remember, the Constitution is not a suicide pact. But how do we balance the Constitution and our national survival without descending into authoritarianism? Abandon the Constitution? No. Burn the house down to get rid of the rats? Absolutely not. The Constitution itself gives us the tools to take on this crisis head on.

The federal government has clear authority over immigration. Illegal presence in the United States is not a protected right. Congress has the power to deny entry, enforce expedited removals, and reject bogus asylum claims. Much of this is already authorized by law — it’s simply not being used.

President Trump’s idea is simple: Use the tools we already have. Declare the southern border a national security emergency. Establish temporary military tribunals for triage. Process asylum claims swiftly outside the clogged court system. Restore “Remain in Mexico” so that the border is no longer a remote court room. Appoint more immigration judges, assign them to high-volume areas, and hold streamlined hearings that still respect due process.

That’s not authoritarian. That’s leadership.

The path forward

Trump is not trying to destroy habeas corpus. He’s trying to save it from being twisted into a self-destructive parody of itself. Leftists have turned due process into delay, justice into gridlock, and they’re dragging the entire country into their chaos.

It’s time to draw the line. Protect habeas corpus. Use it lawfully. Use it wisely. And yes — use it to restore order at the border. Because if we lose that firewall, we lose the republic.

This article originally appeared on TheBlaze.com.

Betrayal of trust: Medicare insurers face lawsuit over kickback scheme

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Editor's note: This article is sponsored by Chapter.

The U.S. government has filed a major lawsuit under the False Claims Act, targeting some of the biggest names in health insurance—Aetna, Elevance Health (formerly Anthem), and Humana—along with top insurance brokers eHealth, GoHealth, and SelectQuote. The allegation? From 2016 to at least 2021, these companies funneled hundreds of millions of dollars in illegal kickbacks to brokers to steer seniors into their Medicare Advantage plans.

If the allegations are true, it means many Americans may have been steered into Medicare Advantage plans that weren’t necessarily the best fit for their needs—not because the plans were better, but because brokers were incentivized by illegal kickbacks.

The Kickback Conspiracy

Navigating Medicare Advantage’s maze of plan options is daunting, so beneficiaries rely on brokers like eHealth, GoHealth, and SelectQuote, who claim to be unbiased guides. But from 2016 to 2021, insurers Aetna, Humana, and Elevance Health allegedly paid brokers millions in kickbacks to favor their plans, regardless of quality. Disguised as “co-op” or “marketing” deals, these payments were tied to enrollment targets. Internal emails revealed executives knew this violated the Anti-Kickback Statute, with one eHealth leader joking that the Centers for Medicare & Medicaid Services (CMS) would miss a $15 million Humana deal for minimal enrollments. Brokers used call routing to prioritize high-paying insurers, betraying beneficiaries’ trust.

Discrimination Against the Vulnerable

The scheme wasn’t just about profits—it targeted vulnerable beneficiaries. Medicare Advantage must accept all eligible enrollees, including disabled people under 65. Yet Aetna and Humana allegedly pressured brokers to limit their enrollment, as these beneficiaries were deemed to be less profitable. Brokers complied, rejecting referrals and filtering calls to favor healthier enrollees, incentivized by bonuses. This violated federal anti-discrimination laws and CMS contracts, undermining the founding principles of Medicare by discriminating against the very people it was created to aid.

False Claims and the Pursuit of Justice

The schemes led to false claims to CMS, with insurers certifying enrollments as “valid” despite kickbacks and discrimination. The government paid billions, unaware of the fraud. Examples include Humana’s $12,477 for a 2016 enrollment and Aetna’s $79,047 for a 2020 case. On May 1, 2025, the U.S. filed suit, seeking treble damages and penalties under the False Claims Act. Aetna and others deny the allegations, per May 2025 reports, promising a fierce defense. The case, demanding a jury trial, seeks justice for beneficiaries and taxpayers.

POLL: Does Brooklyn crash expose a cyber sabotage plot?

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A Mexican Navy ship crashing into the Brooklyn Bridge has left the nation stunned, and Glenn is demanding answers.

Are recent devastating ship collisions—first Baltimore’s Francis Scott Key Bridge in 2024, now Brooklyn in 2025—really just accidents, or is something far more sinister at play? Glenn recently warned that these incidents, both involving foreign vessels losing power near critical U.S. infrastructure, could be “shark bumps” by foreign adversaries testing our defenses through cyber sabotage. With the government and media quick to dismiss concerns, Glenn is calling for urgent investigations into possible hacking, independent audits of our ports and bridges, and a serious look at whether our enemies are exploiting vulnerabilities in our digitized systems.

Glenn wants to know what you think: Are these crashes coincidental, or are we under attack? Let us know in the poll below:

Could the recent ship crashes into American bridges be the result of cyber attacks by foreign adversaries?

Should the US government investigate these incidents for possible foreign interference?

Is our critical infrastructure adequately protected from cyber threats?

Are you concerned that foreign adversaries might be targeting US infrastructure through cyber means?

Do you think the media and government are properly addressing the security concerns raised by these incidents?

Glenn: Tapper reveals Dems’ Biden health fraud

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Top Democrats knew Biden’s health was deteriorating but covered it up to keep power. Jake Tapper’s book finally lifts the lid on their deception.

Jake Tapper and Alex Thompson’s new book confirms what we suspected all along: Joe Biden’s health was rapidly declining, and the Democratic Party establishment knew it. Rather than be honest with the American people, they chose to cover it up, to prop up Biden just long enough to survive the election cycle. And the media helped them do it.

For years, any mention of Biden’s cognitive decline was framed as a “right-wing smear,” a baseless conspiracy theory. But now, Tapper and Thompson reveal that Biden’s top aides privately discussed the need for a wheelchair after the election — because the man can hardly walk.

We had no functioning president for much of the past administration.

And while Biden’s closest aides were planning that, they and their allies in the press were publicly spinning the fantasy that Joe Biden’s halting gait was due to a heroic foot fracture from a dog-related incident four years ago. They said his frailty was due to his “vigor.” That’s not a joke. That’s a quote.

And while they said this, they were having special shoes made for him with custom-made soles to help him stand. They weren’t planning for a second term. They were planning how to prop him up — literally — just long enough to survive the election. That is a cover-up.

It doesn’t bother me that Biden might need a wheelchair. What bothers me — what should bother every American — is that his aides talked about hiding it until after the election.

Biden wasn’t leading

Needing a wheelchair in your 80s is not a moral failing. It’s human. I own President Franklin D. Roosevelt’s wheelchair — it sits in my museum. That chair represents the strength and resilience of a man who, despite paralysis, led this nation through World War II against a dictator who was gassing the disabled and infirm. He hid his disability out of fear the public wouldn’t accept a leader who couldn’t walk. But he led.

Hannah Beier/Bloomberg via Getty Images

But Joe Biden wasn’t leading. He was a puppet played by faceless swamp creatures whose only concern was maintaining their iron grip on power.

Whatever you think of Tapper, the book reveals the chilling reality that we had no functioning president for much of Biden’s administration. Our commander-in-chief wasn’t just aging — he was declining. And the people around him — government employees, funded by your tax dollars — weren’t honest with you. They lied to you repeatedly and willfully because the truth would have guaranteed a second Trump term. That’s what this was all about.

Who signed the pardons?

Consider the implications of this revelation. We had a president signing documents he didn’t read — or even know about. We had an autopen affixing his name to executive actions. Who operated that autopen? Who decided what got signed or who got pardoned? Who was in charge while the president didn’t even know what he was doing?

Those are not minor questions. That is the stuff of a constitutional crisis.

The problem isn’t Biden’s age. The problem is that the people you elected didn’t run the country. You were governed by unelected aides covering up your elected president’s rapid cognitive decline. You were fed a lie — over and over again. And if anyone tried to blow the whistle, they got buried.

Don’t get distracted by the wheelchair. The chair itself is not the scandal. The scandal is that people inside your government didn’t want you to know about it.

They made a bet: Lie until November, and deal with the fallout later. That is an insult to the American people — and a threat to the republic itself. Because if your government can lie about who’s running the country, what else are they lying about?

We need further investigation and to hold these crooks accountable. If we don’t, it will happen over and over again.