Topic: Constitutional Process

Attorney Robert Barnes analyzes the legal implications of the impeachment trial, suggesting it aims to establish that Congress has unlimited power over federal officials without constitutional limitations. He warns that the interpretation of the 14th Amendment being used could eventually allow trials of private citizens to prohibit them from seeking office.

President Donald Trump released a pre-recorded speech detailing allegations of coordinated voter fraud and irregularities in the 2020 election. Trump criticized the shift from "Election Day" to "election weeks" and vowed to protect the honesty of the vote. The hosts note that mainstream media outlets largely refused to broadcast the speech, drawing a comparison to the Gil Scott-Heron poem "The Revolution Will Not Be Televised."

Trump's legal team argues that the House failed to do its job by rushing the impeachment and then demanding the Senate call the witnesses they neglected to subpoena. Senator Mazie Hirono criticizes the Republican defense as being in "bad faith." The hosts mock Hirono's dismissal of constitutional legal arguments.

The hosts discuss the proposal to ban individuals on the "no-fly list" from purchasing firearms, arguing it violates due process and the Second Amendment. Adam Curry recounts his personal experience being placed on a watch list for two years without explanation. They contend that using secret government lists to restrict constitutional rights sets a dangerous "pre-crime" precedent.

Speaker of the House Paul Ryan appears on CBS to discuss the legislative response to mass shootings with Charlie Rose and Gayle King. Ryan defends the Second Amendment and due process, arguing that the no-fly list is an arbitrary tool that lacks constitutional protections for citizens. He shifts the focus toward mental health legislation as the primary solution to preventing future attacks rather than immediate gun restrictions.

The hosts play clips of attorney Alan Dershowitz discussing his book *Tunnels of Terror*. Dershowitz argues that the U.S. Constitution must "adapt" to the threat of ISIS, suggesting that due process should be bypassed for those "bragging" about terrorism. He also advocates for "targeted killings" and a presidential approval process for the use of torture, which the hosts find abhorrent and racist.

Senator Ted Cruz engaged in a heated exchange with Attorney General Eric Holder during a Senate Judiciary Committee hearing regarding the targeted killing of U.S. citizens. Holder initially used the term "appropriate" to describe the use of lethal force against non-threatening citizens in hypothetical scenarios. After repeated questioning, Holder eventually conceded that such an act would be unconstitutional, leading Cruz to propose new restrictive legislation.

Eric Holder's legal distinction between "due process" and "judicial process" is analyzed as a significant expansion of executive power. The hosts argue this interpretation allows the President to act as judge, jury, and executioner without court oversight. They express concern over the lack of congressional outrage, noting that only Ron Paul has consistently challenged the policy.

The creation of a "super committee" (or "super congress") to handle future fiscal decisions is criticized as a potentially unconstitutional move that bypasses the standard legislative process. The discussion highlights the rhetoric used by the White House to frame the President as the sole authority capable of making laws, ignoring the constitutional power of Congress to override vetoes.