Court rules NSA program overstepped their authority

There are over 4000,000 regulations on the books. It’s believed the average American commits three felonies a day. But don’t worry - there’s no way a corrupt federal government will target you! Thankfully, Americans had a small victory for freedom when a federal court ruled the NSA overstepped congressional authority with their collection of bulk phone data under the Patriot ACT. Senator Rand Paul joined Glenn on radio to discuss this huge step towards freedom and other news of the day.

Below is a rush transcript of this segment:

GLENN: Yesterday, the NSA, the Domestic Spying Program was deemed illegal by an appeals court. And we have Senator Rand Paul on the phone with us. Congratulations, Senator Paul. I know this is something you've been working tireless on. How are you, sir?

RAND: Yeah, Glenn, thanks.

You know, about a year ago, I sued the NSA and the president and Eric Holder on this. The Fourth Amendment is very explicit. It says you have to name the person. You have to name the things you want. You got to have probable cause, and then you have to ask a judge for permission. And one of the reasons we did that is, we didn't want to allow general warrants, where you can be rounded up because of your ethnicity, rounded up because of your religion, rounded up because of your political beliefs. It had to be individualized.

It was what John Adams said -- it was the spark that led to the American Revolution. When James Otis fought against these generalized warrants. So, yeah, it's a big deal for the court now to agree and say they're illegal. I really though want this to go to the Supreme Court. And I want the Supreme Court to rule on the constitutionality on whether or not a general warrant is constitutional or not.

GLENN: This is surprising to me. I don't know enough about the courts. You probably know much more. This is the second US Court of Appeals. And if I'm not mistaken, isn't there two appointees from Obama and one from Clinton. So this isn't like the Fifth Circuit Court. This is -- this is -- you know, the left is part of this court as well.

RAND: I'm not sure of the composition, because I think sometimes there's more judges than that. I think there's actually more judges in the appellate court than the three.

GLENN: I'm saying that the three-panel judge -- the three judges on the panel, Clinton-appointed judge and two Obama-appointed judges.

RAND: Yeah, that could well be on this. And there's more that could be picked. But these particular three, I think you're correct.

The ultimate question though is that: In order for it to be enforceable ruling across the country, it needs to come from the Supreme Court. My understanding is that this decision will be sent back to the lower court. It won't necessarily go to the Supreme Court. So we're still sort of working and fighting to get this to the Supreme Court level. Because there's a really important question here, and that's whether or not a warrant can have somebody's name Mr. Verizon. And I tell people in a tongue-in-cheek way in speeches that I don't know anybody named Mr. Verizon.

So can you put the name of a business and yet get hundreds of millions of individuals' records who do business with that particular business? And I think that's where the question is: Does the Fourth Amendment requirement to individualize, to put a person's name on it, does that qualify, or does this sound suspiciously like a general warrant?

GLENN: So there's really no teeth to this, is there? I mean, there was no injunction. They don't have to stop. This was just like, yep, that's against the law.

RAND: It will have an important ramification for this reason. They're saying that the Patriot Act, as passed, does not cover in a statutory way, does not give authority for this bulk collection of phone records. The reason this is interesting is, is that Senator Wyden and I have a bill to end the bulk collection. But we don't reauthorize any part of 215, and we don't acknowledge that 215 allows this. There's a competing version of this called the USA Freedom Act, and it would actually replace this and give new statutory authority. So there's actually a danger that the reform that lurks out there, if it passes, would actually give affirmative legal justification for this program. So I think everybody needs to really think long and hard about whether the reform that's out there will actually be good or bad. I think it's better just to tell the government they can't do bulk collection, rather than replacing it with something that may give new authority.

GLENN: Two questions. First, have you ever had to run to a trash can to vomit in it every time you hear something like the Patriot Act or the Freedom Act. I mean, it is so -- you know there's trouble whenever it comes out with the Everybody Likes Ice Cream Act, you know it's deadly.

RAND: Yeah, whatever the acronym is, the more benign sounding, the actually more dastardly it is the closer you read the text.

GLENN: Okay. So do you have any confidence at all -- I mean, Mitch McConnell, I'm sorry, but, you know, as we call him here, he's a turtle head. Because he looks like a turtle head. And I defy you to look at him and not laugh because he looks exactly like a turtle. You expect his head to go in past his shoulders. But that's a different story. Notice there's no laughter there. He's very smart.

STU: He's smart.

GLENN: So you -- Mitch McConnell is already trying to, you know, push a clean extension of the Patriot Act. He's not really on the side of -- of you on this. And of us.

RAND: There is a division within the Republican Party. There's also division in the country. But the interesting thing is, when you look at my numbers versus Hillary Clinton in purple states, the reason we're winning the independent vote is because I am for the right to privacy. I am for the Fourth Amendment. And we're getting a large segment of the youth vote and of the independent vote. So I don't know, I think the Republican Party needs to be open to our point of view.

GLENN: But they don't seem to be.

RAND: Well, up here, they're not. In Washington, they're not. But go out anywhere in Texas and go to a large crowd and ask them, do you think the government should be collecting all your phone records without a warrant without your name on it? And I'll bet you 75, 80 percent of Republicans -- I've been there. I've been to Lincoln Day dinners in Dallas, Fort Worth, Houston. And when I give those lines, I get a rousing cheer and often a standing ovation saying, the government -- it's none of your damn business what you do on your phone or with your phone records. And so I think the people outside of Washington are different than people in Washington.

GLENN: I know that.

RAND: I'll give you another quick example. I had an amendment that said, no more American tax dollars through foreign aid to countries that persecute Christians. Countries that put Christians to death or put Christians in jail for life. For blasphemy. Interfaith marriage. Or apostasy. And I lost the vote 18-2. Eighteen people in Washington said we should continue it. Two said no. But if I poll that question anywhere in America, it's 99 percent of Americans say, hell, no, we shouldn't send our money to countries that persecute Christians.

GLENN: That's unbelievable. But that would include China as well. I mean, that is -- you want to talk about picking a fight, and God bless you for doing it, but that's a fight-picking question.

RAND: And here's the interesting thing, as rich as China is and as much as we have a trade deficit with them, we do send money to China. Not foreign aid. We send them economic development assistance. Because they really need some economic development over there.

GLENN: Yeah, don't they? Yesterday, the Senate passed a bill that would require congressional authorization on any deal the president would make with Iran. Is the House -- it's going over to the House. Will the House pass this, and does this have any teeth?

RAND: It's a big victory in this sense. The president for the last six months to a year is saying, we don't get any say. He's been he's going to send it directly to the UN. He's been saying, this is an agreement and there's no congressional authority at all. Well, when enough Democrats told him otherwise, all the Republicans were saying otherwise, but when enough Democrats got on board and he knew he would have his veto overturned, he changed his tune, support the bill, and it passed 99-1. Can it stop him? The only thing that can stop him, the only thing that can do anything to the president when you disagree with him is 67 votes. Because it takes 67 votes to overturn a veto. So some people are complaining whether this is disapproval or approval. The bottom line is, any scenario that you want to stop a president that disagrees with you on any piece of legislation or any kind of foreign agreement, it takes 67 votes. But the fact that this was 99-1, there is a chance that there could be 67 votes saying the deal with Iran is not a good deal. This is a good bipartisan way of getting to the next step. Which is, if we were to get rebuked with more than 67 votes, it would be the end of the presidency. He would get nothing done the rest of the year and he would be completely without any capacity to get anything done, which would be good for the country.

PAT: Why is that the case? Why would one vote like that, shut him down so badly?

RAND: I think it's because it's very, very rare that people don't vote in partisan lockstep. So I think if there were a vote that rebuked him. This one was a rebuke, but he changed his mind and said I'm for it. But if the Iranian deal comes forward and people have doubts -- and this is my biggest doubt is that the Iranians are not sincere, credible partners because they tweet out in English the opposite of what apparently the Americans say the agreement means. The other thing that concerns me is when the president's spokesman comes forward, Josh Earnest, comes forward and says, oh, well, it looks like -- yeah, they'll continue to probably be involved with terrorism after they sign this agreement. It makes you wonder, doesn't it, whether or not we're having a sincere two-party agreement here. But I think if that's shot down and the Democrats say this also, it really goes to the heart of whether the president really leads his party anymore.

GLENN: Let me talk to you a little about freedom of speech. And what happened here in Texas. The media was all for the cartoonists in France. And so was I. Even though I disagreed with the cartoons. I personally don't think we should be mocking each other's religion. Those were very offensive cartoons. But they have a right to do it. And so I stood by them. And I stand by them. Same thing with Pamela Geller. I don't necessarily agree with the cartoon contest. And I wouldn't have, you know, done that myself. But she has a right to do that.

The press is coming after Pamela Geller. And saying that, you know, she was just inciting hatred and that it was not freedom of speech. Any comment on that?

RAND: Well, you know, I like the pundits or the constitutional critics that say the First Amendment really isn't about easy speech. It's about speech you find despicable. It's about speech you find offensive. That's the hard thing to allow that to happen in a free society. And I agree with you. I think it doesn't serve any purpose. You can talk about the First Amendment without doing things that are really offensive to other people's religion. But in our country, that's part of one of our basic freedoms is the right to be wrong. The right to be offensive. And the right to say things that people find despicable. Now, you don't you have to pay for them. You don't have to have them in your building, if it's your building.

GLENN: It's the Westboro Baptist Church. It's the Westboro Baptist Church.

RAND: Exactly.

GLENN: I despise the Westboro Baptist Church. But they have a right to say what they want to say. I don't have to listen to them. I don't have I don't want to have them over for dinner. But they have a right to say it.

RAND: Yeah, and that's the hard part about the First Amendment. Because it's easy if I'm saying, hey, what a great guy Glenn Beck is. You love my First Amendment rights. But if I'm criticizing you, it's a little harder. But that's what the First Amendment is about.

GLENN: Right. Let me play a piece of audio here that we found in Al Sharpton. He said this a couple of days ago. This is extraordinarily disturbing to me because of the way we have militarized our police and the way these riots now are being coordinated by people like Al Sharpton. But I want you to listen to what he said when he was talking about the riots in the streets of Baltimore and how they're going to spread.

AL: -- all over the country, which is why we're going to do this march from here to Washington. We need the Justice Department to step in and take over policing in this country. In the 20th century, they had to fight states' rights and to get the right to vote. We're going to have to fight states' rights in terms of closing down police cases. Police must be held accountable.

GLENN: Okay. So here's what he said in case you couldn't understand him. He said. These things are going to happen all around the country. Because it is time we get the Justice Department to take over policing in America. We had to fight states' rights to get the right to vote. Now we need to fight states' rights on policing.

RAND: Well, the interesting thing is, there was a time in our history when, you know, the South was all white and African-Americans were mistreated. And there was a role for the federal government to get involved at one point. This now is not a racial problem because all the government in Baltimore was African-American. And the rioting also. So I don't think the federal government being involved -- I do think there's a problem in our criminal justice system. There's a problem -- we have -- and there's no silver bullet. There's a variety of problems. But there's no excuse for violence or rioting. And the primary thing you have to do in the early stages. You have to have security of people's, you know, person as well as their property. And then over time though, I do want to be part of the dialogue, because I'll tell you one quick story. And this story I think represents why some people and a lot of people in our society feel like they're not being treated fairly.

Kalief Browder was a 16-year-old black kid in the Bronx arrested and kept for three years in prison. He was accused of -- an illegal immigrant. Illegal alien. And he spent three years in jail and was never tried for his crime. Tried to commit suicide. Was kept in solitary confinement. You can see if you're his parents and his friends, you would think something is wrong in America. So that kind of stuff does need to be fixed, and it's part of the unease.

GLENN: Senator, I have to go. Thank you so much. I appreciate your time with us. Senator Rand Paul. You bet.

TRUMP: The twilight hour of socialism has arrived

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The other day, at Florida International University in Miami, facing large American and Venezuelan flags, President Trump gave a rousing speech in Miami, including this line, the "twilight hour of socialism has arrived."

Trump went on to say:

Socialism is about one thing only—power for the ruling class. They want the power to decide who wins and who loses, who's up and who's down…and even who lives and who dies.

He then repeated a phrase that helped define his State of the Union address this year:

America will never be a socialist country.

Fittingly, Fox News posted an article yesterday exposing the overlooked evils of Che dangers of socialism that all too often disappear behind a flashy design on a t-shirt.

  1. Guevara said he killed people without regard to guilt or innocence. In an interview, Guevara said, "in times of excessive tension we cannot proceed weakly. At the Sierra Maestra, we executed many people by firing squad without knowing if they were fully guilty. At times, the Revolution cannot stop to conduct much investigation; it has the obligation to triumph."
  2. Humberto Fontova, author of "Exposing the Real Che Guevara," told Fox that Guevara created system that put gay people in labor camps. "The regime that Che Guevara co-founded is the only one in modern history in the Western Hemisphere to have herded gays into forced labor camps."
  3. Guevara opposed a free press: "In 1959, leftist journalist José Pardo Llada reported that Guevara told him: 'We must eliminate all newspapers; we cannot make a revolution with free press. Newspapers are instruments of the oligarchy.'"
  4. Guevara made racist statements: Guevara went on to write: "the black is indolent and a dreamer; spending his meager wage on frivolity or drink; the European has a tradition of work and saving."

These are just some of the many historical examples of the failure of socialism. President Trump is right. If the frivolities of Alexandria Ocasio-Cortez and Bernie Saunders catch on and spread, we could have an unbelievable problem on our hands.

Poor Jussie: His narrative is falling apart completely

Tasia Wells/Getty Images for Espolòn

Here's how the media works now: Find a story that confirms their narrative, run it constantly and relentlessly. When the real story comes out, minimize exposure of the correction. Repeat.

We're seeing this pattern play out over and over again.

RELATED: John Ziegler isn't buying what Jussie Smollett's selling either

Here are some of the knee-jerk reactions that the media had to this Jessie Smollett hoax, from Insider Edition, CNN, E! News, Headline News, CNBC, TMZ, to name a few:


Montage: Watch the Media Uncritically Accept Another Outlandish 'Hate Crime' youtu.be


And those are just the reactions on TV. It was just as bad, at times worse, in print and online. I'll give you one special example, however. Because, you know the situation is bad when TMZ is connecting the dots and seeing through this guy's story:

The sources say there were red flags from the get go. Cops were extremely suspicious when Jussie took them out to the area where he said he was attacked and pointed to an obscure camera saying how happy he was that the attack was on video. Turns out the camera was pointing in the wrong direction. Cops thought it was weird he knew the location of that camera. And there's this. We're told investigators didn't believe the 2 alleged attackers screamed 'This is MAGA country' because 'Not a single Trump supporter watches 'Empire.''

Here's the man himself, in an interview just days after the alleged beating…I'm sorry, the alleged "modern day lynching." Here he is in an interview with ABC News, complaining about people making up stuff:



Strong words, spoken by a man who, allegedly, created the whole narrative to begin with.

This compromise is an abomination

Zach Gibson/Getty Images

Three decades ago, "The Art of the Deal" made Donald Trump a household name. A lot has happened since then. But you can trace many of Trump's actions back to that book.

Art of the Deal:

In the end, you're measured not by how much you undertake but by what you finally accomplish.

People laughed when he announced that he was running for President. And I mean that literally. Remember the 2011 White House Correspondents' Dinner when Obama roasted Trump, viciously, mocking the very idea that Trump could ever be President. Now, he's President.

You can't con people, at least not for long. You can create excitement, you can do wonderful promotion and get all kinds of press, and you can throw in a little hyperbole. But if you don't deliver the goods, people will eventually catch on.

This empire-building is a mark of Trump.

RELATED: 'Arrogant fool' Jim Acosta exposed MSM's dishonest border agenda — again.

The most recent example is the border wall. Yesterday, congress reached a compromise on funding for the border wall. Weeks of tense back-and-forth built up to that moment. At times, it seemed like neither side would budge. Trump stuck to his guns, the government shut down, Trump refused to budge, then, miraculously, the lights came back on again. The result was a compromise. Or at least that's how it appeared.

But really, Trump got what he wanted -- exactly what he wanted. He used the techniques he wrote about in The Art of the Deal:

My style of deal-making is quite simple and straightforward. I aim very high, and then I just keep pushing and pushing and pushing to get what I'm after.

From the start, he demanded $5.7 billion for construction of a border wall. It was a months' long tug-of-war that eventually resulted in yesterday's legislation, which would dedicate $1.4 billion. It would appear that that was what he was after all along. Moments before the vote, he did some last-minute pushing. A national emergency declaration, and suddenly the number is $8 billion.

Art of the Deal:

People think I'm a gambler. I've never gambled in my life. To me, a gambler is someone who plays slot machines. I prefer to own slot machines. It's a very good business being the house.

In a rare show of bipartisanship, Senate passed the legislation 83-16, and the House followed with 300-128. Today, Trump will sign the bill.

It's not even fair to call that a deal, really. A deal is what happens when you go to a car dealership, fully ready to buy a car, and the salesman says the right things. What Trump did is more like a car dealer selling an entire row of cars to someone who doesn't even have a licence. When Trump started, Democrats wouldn't even consider a wall, let alone pay for it.

Art of the Deal:

The final key to the way I promote is bravado. I play to people's fantasies. People may not always think big themselves, but they can still get very excited by those who do. That's why a little hyperbole never hurts. People want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole. It's an innocent form of exaggeration—and a very effective form of promotion.

He started the wall on a chant, "Build the wall!" until he got what he wanted. He maneuvered like Don Draper, selling people something that they didn't even know they wanted, and convincing them that it is exactly what they've always needed.