Glenn Beck: Roger Pilan about the Sotomayor nomination



Roger Pilon is the Vice President for Legal Affairs for the CATO Institute

GLENN: Roger Pilon is the vice president for legal affairs at the Cato Institute and also director for the Center For Constitutional Studies. Roger, how are you, sir?

PILON: Well, thank you, Glenn.

GLENN: Well, tell me about Justice how do you say her name? Sotomayor?

PILON: Sotomayor.

GLENN: Tell me about her.

PILON: Well, she was a judge on the second circuit. She was before that a district court, federal district court judge named by the first George Bush, elevated to the second circuit by President Clinton, and she has a very attractive history. She came up the hard way, so to speak. Her father died when she was 9 years old. She was brought up by a single mother thereafter. She went to Princeton, went to Yale Law School and served as a U.S. attorney, assistant district attorney in New York. But there is a lot of negative as well, and it's going to come out in these hearings.

GLENN: Well, hang on. Hang on, I didn't I didn't hear really the positives there. I mean, I know she had a tough life and, boohoo, cry me a river, a lot of people had a tough life.

PILON: Yep.

GLENN: And then she went to Yale and Princeton which kind of goes against the tough life thing, but maybe that's just me. What are the strengths that she has? I hate to boil it down to, you know, content of character kind of issues, but what has she done that has she done anything that is a positive when it comes to looking at the Constitution?

PILON: Well, you maybe want to rephrase that question this way: Were she not female and Hispanic, would she be nominated.

GLENN: The answer to that is no, and I know nothing about her.

PILON: That's right. And the reason is this, that the left is fairly salivating for someone who will be intellectually powerful and an effective voice against the intellectually powerful people like Antonin Scalia, John Roberts and so on.

GLENN: I

PILON: And the question is, is she going to be this kind of person? And there is concern on the left that she will not.

GLENN: Okay, I have heard that she is, in the second court of appeals that she is almost a bully at times, that she has the image of not being that intellectually bright. I don't know if this is true or not. This is one piece of analysis that I heard today: She's not that intellectually bright and she's almost a bully. She just loves to hear herself talk.

PILON: This is widely held. You can see a piece in the New Republic on May 4th by Jeffrey Rosen, their Supreme Court correspondent, that addresses that issue, drawing from a number of Democrats who have clerked and who known her over the years. So there is that. But without question, Glenn, the case that is really going to come to the fore is this Ricci V. DeStefano and that's the New Haven firefighters case, just for your audience who may not be familiar with it. This is a case brought by Ricci and several others, white firefighters including one Hispanic, by the way, who got high marks on the exam for officer, firefighter officer. And when the results did not come out right, the city threw the test out. So Mr. Ricci brought suit. He was dyslexic. He had studied long and hard for this. He had spent a substantial amount of money getting the tests put into recorded form so that he could study for it, and he came out number 6, I believe it was, in the order and therefore was a prime candidate for elevation to an officer. The Court threw it out, and the district the district court threw it out. The appellate court, the panel on which Judge Sotomayor sat, all but dismissed the case, gave a perfunctory disposition of it. Indeed in a response to Judge Cabrenas, a colleague of Judge Sotomayor on that court, he said it contains no reference to the constitutional court to the claims of the core of this case, a perfunctory disposition, rest with the weighty issues addressed by this appeal. In other words, it was a classic affirmative action case in which she stood for affirmative action and it is going to come down from the Supreme Court next month. The oral arguments suggest that the Supreme Court is going to reverse the second circuit and so if these hearings are going to be held in July, it will be right after that decision comes down and they will be stormy hearings, I predict.

GLENN: Okay. So she was against and explain the there's some sort of law that even if this test, even if none of the questions were like are you black or are you handicapped; if so, you're out, even if there was no evidence that there was any kind of racism in this test, if the results of the test are that, hey, select group of people, whichever group that is, didn't make it into the top, then that can be deemed racist because of its effect? Is that right?

PILON: This is the way the court in effect decided it. Now, I ask you, if it had turned out that the African Americans had come out on top, the Court surely would not have sustained and the city would not have thrown out the results and, of course, if it had, the court would have found this to be a violation of equal protection. So I mean, we have we're just about as blatant a case of race discrimination as you could possibly ask for and yet she sat on this panel and found nothing wrong. There's the nub of the matter right there.

GLENN: Roger, let me ask you one more question, then I want to ask you about another big case coming out today. When she has to take the oath of office, why has no one been challenging Barack Obama when he says he wants somebody of empathy, and she's quoted in one of her lectures saying that she really, you know, she just hopes that a Latina woman with rich experience is appointed to the court, et cetera, et cetera; how come nobody is pointing out the oath that she's going to have to take, I solemnly swear that I will administer justice without respect to persons and do equal right to the poor and to the rich and that I will faithfully and impartially discharge? There's no empathy in you would have to violate your own oath to be empathetic. Why is there no challenge here?

PILON: Well, there is a challenge but they are by people who are being dismissed out of hand because it's politically incorrect to raise such a challenge. That's what we've come to, Glenn. This is a Constitution that has been so politicized in recent years that it's hardly indicative of the rule of law. It is an empty vessel in which transient majorities or judges 5 4 can pour their own conception of evolving social values.

GLENN: We have the audio of her. Can we play that, Dan? We have the audio of her speaking. Now, this is recorded on videotape, et cetera, et cetera. Listen to what she says about the role of the court.

(BEGIN AUDIO CLIP)

SOTOMAYOR: The role of the legal defense funds out there, they are looking for people with court of appeals experience because it is, court of appeals is where policy is made. And I know, and I know this is on tape and I should never say that because we don't make law, I know. (Laughter). Okay. I'm not promoting it, I'm not advocating it, you know.

GLENN: Stop, stop.

(END AUDIO CLIP)

GLENN: She's clearly saying it and then trying to backpedal like, no, no, no, really, I mean, you can't I mean, this is the reality, Roger.

PILON: Yeah.

GLENN: What you are saying is an empty vessel, this is proof positive of it.

PILON: Absolutely. This is a wink and a nod, right, to the rule of law. It is saying in effect that we sit as one more legislative branch, making policy. And, of course, that is not what the Court is supposed to do. We call the Court the nonpolitical branch as opposed to the legislature and the executive because it is to decide cases brought before them by the law. That's why Lady Justice, Justicia is blindfolded.

GLENN: Roger, I don't know if you can answer this. When we come back you just tell me if you're not the guy to talk to on this. But the way they are going to they are going to rule today on Proposition 8 as well.

PILON: Yeah.

GLENN: Can you discuss that?

PILON: Well, I can, yes, but it's I can only give you the conventional wisdom on it because no one knows how the

GLENN: Right, right. But I have a question on this because there seems to be a very convenient loophole that I bet you my life the Supreme Court is going to take, and I'd love to get your opinion on it. We'll do that next.

PILON: Okay.

(OUT 9:45)

GLENN: 888 727 BECK. Roger Pilon is with us. He's vice president for legal affairs at the Cato Institute. And by the way, here's the quote. Here's the quote from Sonia Sotomayor. She said, quote: I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion as a judge than a white male that hasn't lived that life. Have you ever heard anything like that, Roger, before? I mean, you know, outside of KKK rallies or, you know, Nazi party speeches.

PILON: There are judges, there are judges out there who believe that. In fact, this goes way back to the 1930s when people argued that the judges make decisions based upon what they ate for breakfast that morning. And so this is an approach that has come from the school of legal realism, as it's called, and it's been around for some time. Of course, it is not our ideal of what a judge should do, but that's why as I said before the break, we have Lady Justice with the blindfold on because she really doesn't care whether the person before her is black or white, rich or poor. Her job is to apply the law in light of the facts before her. And that is what as Chief Justice Roberts put it in his confirmation hearings, it's like an umpire. The umpire calls balls or strikes not for the home team or for the visitors but as he sees them.

GLENN: Of course that's what a white male who hasn't lived life would say.

Roger, let me go to Proposition 8. Proposition 8, as far as I'm concerned, whatever you want to do in your own bedroom is your own business. Anybody who thinks that, well, we're just going to stop this at gay marriage if the state is involved, you have no intellectual but I mean, you know, neither does Sonia what's her face. You have no intellectual honesty. If you can say, well, we're going to make an exception here but not for triads but not for polygamy or anything else. You can't change one part of it without the other. I personally think, like California be California, Utah be Utah, call it a day, let's move on.

PILON: Well, this is a complex issue that can be approached on many levels. Let's start at the most basic level. Marriage is a contract. And who's to say what contracts people can enter into of various kinds.

Now, what's the state doing involved in this contract? Well, there are complicated reasons for that. Historical, for example, then there are children involved, at least in some marriages where the state has an interest. And then, too, there is the impremateur factor and that's the really tricky issue. It's one thing if you have contracts that are just simply recognized about I the state, but the state recognition tends to impose an impremateur and that's where you get into the political difficulties because there are lots of people, as in the State of California who don't want their impremateur to be placed on the political realm on this union of same sex couples. And it came out that way when it was put to a vote not once but twice in the State of California and so now you get to the Democratic dimensions. And if the Supreme Court of California overrides again the will of the voters

GLENN: They are going to.

PILON: then there is going to be some real consternation, I predict. That's why the conventional wisdom has it that there will be kind of a split decision, that is to say they will allow the proposition to stand but they will also allow those marriages that took place before that to stand as well.

GLENN: I think they are going to go for this new argument that it has to be introduced by the legislature with 3/4 vote and then brought to the people.

PILON: I see. You think that's the route? Well, it's possible, yeah.

GLENN: You don't think so?

PILON: I don't know. I mean, the California Supreme Court

GLENN: Crazy?

PILON: is a world all unto itself.

GLENN: If that happens and I've only got 30 seconds here. If that happens, shouldn't you go back in California and repeal every constitutional amendment that hasn't been done exactly that way?

PILON: Well, one would think that that would follow. But Glenn, let me tell you. The same sex marriage issue is the least of the problems in California today.

GLENN: I mean, it's just, it's really ridiculous. I mean, it really is. Like, "So North Korea's testing nukes. Hey, who won on American Idol?" Maybe that's just me. Roger, thank you so much, sir.

PILON: You're quite welcome.

If we learned nothing from the media over the past 4 years it's that colluding with a foreign entity to either win an election or for personal gain is absolutely grotesque. Well, that depends on whether you have a (D) or (R) before your name anyway. President Trump was impeached on rumor and innuendo yet Joe Biden has all but skated on his corruption up to this point.

Below is a timeline that shows the level of corruption and the lengths the Biden's went to in order to build that family's wealth and influence internationally.

2009

In 2009, Joe Biden was the brand-new Vice President and John Kerry was a U.S. Senator. Just five months after Joe was sworn in, his son Hunter, and Kerry's stepson, Christopher Heinz, formed an international private equity firm called Rosemont Capital. It had several different branches, including one called Rosemont Seneca Partners.

2010

Just nine months after Rosemont Seneca opened its doors, Hunter Biden went to China for meetings with executives from China's biggest banks, and its sovereign wealth and social security funds. That's unheard-of access for a brand-new firm. Was it just coincidence that at the same time Hunter was meeting these Chinese bigwigs, his dad was meeting with China's then-president Hu Jintao in Washington DC at a nuclear security summit?

2011

In May 2011, Joe Biden met with Chinese officials for the U.S.-China Strategic & Economic Dialogue conference in Washington. Just two weeks later, Hunter Biden went to Taiwan for meetings with the same Chinese financial giants he'd met in China in 2010, plus some new ones.

2013

By December 2013, Joe Biden was enjoying his second term as VP, and John Kerry was now Secretary of State. That's when Joe traveled to Beijing on an extended official trip and Hunter traveled with him on Air Force Two.

During their stay, Vice President Biden met with President Xi and Hunter was mostly out of sight. We don't know exactly what he was up to, but the deal finalized between Rosemont Seneca and the Bank of China just ten days after the Bidens' trip pretty much gives it away. The most powerful financial institution in China formed a joint venture with tiny Rosemont Seneca to create a giant new investment firm called Bohai Harvest RST – the "RS" stands for Rosemont Seneca.

The firm is often called "BHR" for short.

Hunter Biden was a member of the Board. Remember, the Bank of China is government-owned, which means its business is completely intertwined with the goals of the Chinese Communist Party. BHR also got the freedom to operate in the newly created Shanghai Free-Trade Zone where, over the next six years, it would use $2.5 billion of Chinese government money to invest in China, as well as in other countries, including the U.S.

During their Beijing trip, Hunter also introduced Jonathan Li to his dad. Li is Hunter's business partner – he's CEO and Director of BHR.

Hunter arranged for Joe to meet Li in the lobby of the hotel where they stayed during their Beijing trip.

2014

In 2014, one of BHR's first major investments was in the China General Nuclear Power Corporation.

CGN is a Chinese government-owned nuclear power company that sold off a stake of the company to outside investors. Problem is, CGN was under FBI investigation for paying informants in the U.S. to steal nuclear secrets.

In 2016, the FBI arrested the ringleader of this nuclear espionage, a man named Allen Ho.

When they arrested Ho, he was using a random code generator to access funds being provided to him from – where else? – the Bank of China.

Yet while this FBI probe was going on, the son of the Vice President owned a stake in the company being investigated. And even after arrests were made, Rosemont Seneca did not alter its relationship with BHR, nor did it divest from CGN, even though it was stealing U.S. nuclear secrets.

2015

In 2015, BHR partnered with the Aviation Industry Corporation of China (AVIC) to buy an American company called Henniges for $600 million.

AVIC is a gigantic military contractor in China – think Lockheed Martin – that makes fighter jets, bombers and drones. BHR bought 49% of Henniges and AVIC bought 51%.

Henniges is a precision parts manufacturer specializing in anti-vibration technology. The stuff they make is known as "dual use" by the U.S. State Department, which means the technology can also have a military application.

Because of that, the deal had to be approved by the Committee on Foreign Investment in the U.S. (CFIUS) since it could have national security implications. The thing is, the American side of BHR – meaning Hunter Biden and his pals – had to know there were serious national security implications with AVIC.

The year before they formed a partnership with AVIC, the Wall Street Journal reported how AVIC stole technology related to the U.S. Air Force's F-35 stealth fighter and used it in its own stealth fighter for the Chinese.

How the Committee on Foreign Investment approved that deal remains a mystery. CFIUS does not publicly disclose any information regarding its decisions. Their findings are not publicly announced.

Interesting that China accounted for the largest share – with 74 transactions – approved by CFIUS during Obama's second term (2013-2015).

Under the umbrella of Rosemont Capital was a real estate company called Rosemont Realty. In 2015, a Chinese company called Gemini Investments bought a 75% stake in Rosemont Realty. The company was renamed Gemini Rosemont

Gemini brought $3 billion to the partnership with Rosemont, with the aim of buying "Class A institutional-quality commercial office properties in U.S. markets."

Red flag (literally) – Gemini Investments is a subsidiary of the China Ocean Shipping Company, a.k.a., "COSCO."

COSCO is a Chinese government-owned company. Its headquarters in Beijing is actually next to the headquarters of the Bank of China. COSCO is well-known for its close military ties. It's essentially a branch of the Chinese Navy.

2017

In 2017, BHR invested in Face++. That's the facial recognition phone app built by a Chinese company that is incorporated in a separate app built by the Chinese government. Police in the Xinjiang [Sin-jong] region of China use that app to keep tabs on citizens, and track and detain Uiguhr [Wee-ger] Muslims.

The app allows police easy access to data about Chinese Muslims including things like religious activity, blood type, and even the amount of electricity they use.

2018

In March 2018, a spokesman (Chris Bastardi) for Christopher Heinz (John Kerry's stepson) emailed The Hill to say that Heinz had "no operating role" in Rosemont Seneca, and that he was not involved in any of Rosemont's deals in China (which contradicts Schweizer's report in his book Secret Empires).

Chris Heinz was involved in Rosemont Capital. Rosemont Seneca was established under the same GP as Rosemont Capital, but Chris Heinz had no operating role in it. Chris and his family have no financial interest or investment in Bohai Harvest RST, he has never traveled to China, and he has never met with the firm's Chinese management team or investors.

2019

In October 2019, Hunter Biden's lawyer, George Mesires, said Hunter did not conduct any business on that 2013 trip to Beijing with his Dad.

Mesires said the timing of BHR's business license getting approved was purely coincidental because the paperwork had been submitted months before the Bidens' China trip.

According to Hunter's lawyer, the approval " was not related in any way, shape or form to Hunter's visit."

Hunter Biden finally stepped down from the BHR board last October (2019), but he DID NOT give up his 10% stake in the company.

When Bevan Cooney — the former "junior" business partner to Hunter Biden and Devon Archer — went to jail in 2019, investigative reporter and New York Times bestselling author Peter Schweizer thought he'd never gain access to the damning emails Cooney had promised. That all changed three weeks ago when Schweizer was given complete access to Cooney's gmail account.

Schweizer joined Glenn Beck on the radio program Tuesday to describe just some of the business deals revealed within these emails — like Hunter working with an alleged Russian criminal and with Chinese communists to secure their assets, or to secure one-on-one time with his dad, then-Vice President Joe Biden. And all of this new information is completely separate from the emails allegedly discovered on Hunter Biden's laptop recently reported by the New York Post.

"So, I want to make this clear. This [Cooney's emails] has nothing to do with what's on the laptop … It didn't come from [Rudy] Giuliani. It didn't come from anybody else, right?" Glenn asked Schweizer.

"That's absolutely correct," Schweizer confirmed.

He briefly explained how Cooney, a former Los Angeles nightclub owner, is currently serving a prison sentence for his involvement in a fraudulent business bond scheme with Biden and Archer. From prison, Cooney gave Schweizer written permission to access his Gmail account.

"This is really important," he noted. "We're not looking at printouts. Not looking at PDFs. We're actually in his Gmail accounts themselves, sifting through these emails. And there's a shocking amount of information about deals involving China, involving Russia, involving all sorts of things they were trying to pull off."

Watch the video below to catch more of the conversation:

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

The king of "No Spin" and bestselling author of "Killing Crazy Horse," Bill O'Reilly joined Glenn Beck on this week's podcast to talk about the latest developments in Joe Biden's Ukraine and China corruption scandal. Now that some of the details are finally coming out in the open, does the average Democrat care? Maybe, but the Left doesn't seem to.

O'Reilly argued there's more hatred for President Donald Trump now than in 2016, and that some people hate President Trump so much that they'd rather vote for the "senile, corrupt" Joe Biden.

"Hunter got tens of millions of dollars from Ukraine, from Russia, from China because his father was vice president. I have no doubt in my mind," O'Reilly said. "But the hatred for Donald Trump overrides that in the minds of millions of viewers. They're saying, 'You know, we'd rather have the senile corrupt guy than Trump.'"

Asked by Glenn if any other Republican running for president would be met with the same level of vitriol, O'Reilly answered, "The Left is the Left. They don't like America. The want to redo the Constitution. They want to take some of our freedoms, like the Second Amendment and the First Amendment, and change them. And they want to destroy capitalism and replace it with a big centralized government in Washington that controls the economy … but I'm talking about the folks. I have liberal friends and I say to them, 'Do you not understand that when you vote for Biden, you're voting against your own self interest?'"

Watch the video clip from the full podcast below, or find the full episode HERE:

Want to listen to more Glenn Beck podcasts?

Subscribe to Glenn Beck's channel on YouTube for FREE access to more of his masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, or subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

In a phone call with his constituents, Senator Ben Sasse (R-Neb) unleashed a torrent of criticisms about President Donald Trump, saying he "flirted with white supremacists," "kisses dictators' butts," and "spends like a drunken sailor."

On the radio program Friday, Glenn said he was disappointed in Sen. Sasse for apparently forgetting all of President Trump's accomplishments. Because, in reality, Trump has accomplished a lot more than many presidents before him.

Then, for anyone who may have forgotten President Trump's achievements — or who simply hate the man so much they've ignored them — Glenn listed just some of the many things this president has achieved during his three and a half years in the White House.

Watch the video below to hear Glenn's message for all the Trump-haters who have forgotten Trump's accomplishments, or you can read Glenn's list HERE:

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.