‘If There’s No Emergency, the President Can’t Declare One’: ‘BradCast’ 2/20/2019

Guest: Public Citizen's General Counsel Allison Zieve; Also: Sanders breaks record; Green New Deal wildly popular; The off-the-rails Tucker Carlson interview Fox 'News' didn't want you to hear...

Share article:

On today’s BradCast: Good news for Bernie, good news for the Green New Deal, bad news for Tucker Carlson and Fox “News”, and the fight is joined against the “invasion” on the U.S. southern border. (No, not that one.) [Audio link to show follows below.]

First up: When Congress settled on a compromise spending deal last week to keep the federal government open, the agreement included a special carve-out to protect a number of sensitive wildlife and tourism related areas along the Rio Grande River in South Texas, including the threatened National Butterfly Center and the 150-year old La Lomita Mission Chapel. But, as the Director of the 100-acre butterfly and wildlife refuge tells us, she is continuing the Center’s lawsuit against the government because she fears Donald Trump’s “National Emergency” declaration may now override the protective legislative carve out. “In fact, we expect the equipment already at work near us will just roll right over and through us,” Marianna Trevino-Wright said via email after bill was signed and the “emergency” declared by the President, noting that even the current legislative agreement lasts for just six months before negotiations for 2020 appropriations begin. “We have not been spared,” Trevino-Wright wrote, “We were given a temporary stay of execution.”

Receiving no such “stay” however, are thousands of private residents living along the South Texas border. So, last Friday, the non-profit good government organization Public Citizen filed a federal lawsuit on behalf of three private citizens and the Frontera Audubon Society challenging Trump’s “National Emergency” declaration to steal money from the military in order to build his wall with Mexico on the border. The lawsuit [PDF] filed in the U.S. District Court for D.C. describes the scheme as unlawful and unconstitutional.

We’re joined today by ALLISON ZIEVE, General Counsel for Public Citizen and Director of their Supreme Court Assistance Project, to discuss the complaint filed on behalf of three Starr County, TX residents whose property and homes on the banks of the Rio Grande — where they and their families have lived for as many as five generations — will now be bisected by a giant barrier, cutting them off from the river entirely. In one case, the wall would be built just feet from the landowner’s house.

The suit describes the federal government’s heavy-handed tactics to condemn and seize private lands from the plaintiffs as an “imminent invasion of privacy and the quiet enjoyment of their land.” The case is also filed on behalf of Frontera Audubon, which charges the wall will impede migration of wildlife at the nature preserve and prevent their members from getting to where birds and other sensitive species are threatened along a 250-mile wildlife corridor on the Rio Grande River.

Zieve tells me how Public Citizen’s complaint, filed last Friday, differs from the one filed by 16 state Attorneys General on Monday also seeking to block Trump’s “emergency” declaration as an unlawful exercise of the National Emergency Act, and how the cases are likely to play out as they work their way, almost certainly, to the U.S. Supreme Court, particularly, she notes, “if any of the plaintiffs win” at the appellate level.

“If there’s no emergency, the President can’t declare one,” Zieve argues, adding: “What it really comes down to is there is no emergency. Everybody knows that. It’s not really that [the Administration] thinks there’s an emergency. It’s that they think the President can do whatever he wants. And that’s just not our Constitutional system.”

Also on today’s show: Bernie Sanders shatters historic U.S. records for funds raised on the first day of his announcement that he’s running for President again in 2020. And it wasn’t even close. And the elements of the Green New Deal prove to be wildly popular, garnering well over 80 percent support across all political parties, according to a new poll by Business Insider.

Finally, the unaired profane interview between Tucker Carlson of Fox ‘News’ and historian Rutger Bregman about raising taxes on the wealthy that, apparently, Fox does not want you to hear, since they taped it last week but decided against running it — so we did.

The BradCast
with Brad Friedman
2/20/2019
‘If There’s No Emergency, the President Can’t Declare One’: ‘BradCast’ 2/20/2019  |  Guest: Public Citizen's General Counsel Allison Zieve; Also: Sanders breaks record; Green New Deal wildly popular; The off-the-rails Tucker Carlson interview Fox 'News' didn't want you to hear...   · · · · ·   ‘If There’s No Emergency, the President Can’t Declare One’: ‘BradCast’ 2/20/2019  |  Guest: Public Citizen's General Counsel Allison Zieve; Also: Sanders breaks record; Green New Deal wildly popular; The off-the-rails Tucker Carlson interview Fox 'News' didn't want you to hear...
0:00 0:00
Download Episode Subscribe RSS/Podcast

* * *
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they’re available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!

The BRAD BLOG, The BradCast and Green News Report are all 100% independent and 100% listener and reader supported!Please CLICK HERE to help support our work today!

Share article:

--- COMMENTS follow below Ad Content ---

Reader Comments on

‘If There’s No Emergency, the President Can’t Declare One’: ‘BradCast’ 2/20/2019

No Comments yet.

(Comments are now closed.)


--- Ad Content ---

BB SIDEBAR NOTICE

Thanks to you, The BRAD BLOG has been trouble-making and muckraking for … 22 YEARS!!!

Please help The BRAD BLOG, BradCast and Green News Report remain independent and 100% reader and listener supported in our 23rd YEAR!!!

ONE TIME
any amount...

MONTHLY
any amount...

OR VIA SNAIL MAIL
Make check out to...
Brad Friedman / BRAD BLOG
7095 Hollywood Blvd., #594
Los Angeles, CA 90028

RECENT POSTS

This is What Kleptocracy Looks Like: Trump Robbing U.S. Blind, Republicans Letting Him: ‘BradCast’ 7/30/2026

Cornyn and Tillis' Kabuki Theater on Blanche nomination lets Trump steal millions; Also: Millions missing from Trump Library; Billions missing from Venezuela's oil; 130º heat index near St. Louis was real...

‘Green News Report’ – July 30, 2026

with Brad Friedman & Desi Doyen...

Are Republicans — Elected or Otherwise — Really on the Verge of Turning on Trump?: ‘BradCast’ 7/29/2026

Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast' on Blanche's woes, McConnell's life, Beshear's response, Trump's war and Dem odds this November...

Trump’s Hail Mary to Nationalize Vote-By-Mail Eligibility Now on SCOTUS Shadow Docket

Administration's paper-thin appeal to disenfranchise millions of voters rests in the hands of a 'captured' High Court...

Surviving the Pyrocumulonimbus: ‘BradCast’ 7/28/2026

Apocalyptic heat, firestorms in Europe, U.S.; Trump's costly DOGE cuts to wildfire management in MN; McConnell still either dead or alive; Good news for voters in MO and KS!...

‘Green News Report’ – July 28, 2026

with Brad Friedman & Desi Doyen

Thom Hartmann on the Fourth Rise of U.S. Oligarchy and the 2026 Election That Could Begin to End It: ‘BradCast’ 7/27/2026

Author and progressive talk-show host puts the nation's latest, every-80-years Oligarchic takeover into historical perspective, 99 days before this year's critical midterms...

Sunday ‘Squid Games’ Toons

THIS WEEK: The Excursion Continues ... Where There's Smoke ... Freedom Fuel! ...

Trump’s War Expanding, Driving GOP Toward Midterm Disaster: ‘BradCast’ 7/23/2026

Battlefield grows as Iran-backed Houthis attack cargo ships in Red Sea; Oil prices spike again; Markets nosedive; Mortgage rates jump to 12-month high; Trump announces new tariffs; GOP polling sinks; Trump allows Saudis to go nuclear, then tries to backtrack; Also: Our 1,600th 'Green News Report'!...

‘Green News Report’ – July 23, 2026

with Brad Friedman & Desi Doyen...

NY State Bar Must Act on Federal Court’s Disciplinary Referral of Todd Blanche

Deferring matter to Trump DOJ's gutted Office of Professional Responsibility would create impunity rather than accountability...

Corporate Political Spending in 2026 Midterms Shatters All-Time Record: ‘BradCast’ 7/22/2026

Guest: Rick Claypool of Public Citizen; Also: Number of Amazon and gig workers on SNAP and Medicaid skyrockets; Primary elections results from AZ...

‘SAVE America’ Act Won’t Save Trump. Neither Will False Claims of Non-Citizens Voting: ‘BradCast’ 7/21/2026

Six year later, still zero evidence of a stolen 2020 election; Also: Iran War worsens; Climate chaos accelerates; Why we can no longer trust Trump's CDC or FDA...

‘Green News Report’ – July 21, 2026

with Brad Friedman & Desi Doyen...

Sunday ‘CSI: Trump’ Toons

THIS WEEK: Where There's Smoke ... ICE ... Blanche ... Iran ... In Memoriam ...

About Brad Friedman...

Brad is an independent investigative journalist, blogger and broadcaster.
Full Bio & Testimonials…
Media Appearance Archive…
Articles & Editorials Elsewhere…
Contact…

He is featured in these documentary films…
…And has contributed chapters to these books…

BRAD BLOG ON THE AIR!

THE BRADCAST on KPFK/Pacifica Radio Network (90.7FM Los Angeles, 98.7FM Santa Barbara, 93.7FM N. San Diego and nationally syndicated, Monday-Thursday, on many other affiliate stations! ALSO VIA PODCAST: RSS/XML feed | Pandora | TuneIn | Apple Podcasts/iTunes | iHeart | Amazon Music
GREEN NEWS REPORT, nationally syndicated, with new episodes on Tuesday and Thursday. ALSO VIA PODCAST: RSS/XML feed | Pandora | TuneIn | Apple Podcasts/iTunes | iHeart | Amazon Music
Media Appearance Archives…

--- Ad Content ---

ADDITIONAL STUFF

Brad Friedman/
The BRAD BLOG Named...

Buzz Flash's 'Wings of Justice' Honoree
Project Censored 2010 Award Recipient
The 2008 Weblog Awards