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Jul 20, 2023
07/23
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mr. clement. >> mr. chief jus -- district courts originalranted jurisdiction over all civil actions arising under the constitution. it is common ground that congress has never expressly withdrawn or restricted that jurisdiction, with respo issue here.utional claims an instead, all calm grass has done expressly give jurisdiction to the court of appeal to a person subject to an ftc cease a desist order. axon is not subject t and does not challenge such an order. inste axon challenges the nstitutionality of statutes that insulate agency officials from presidential removal, and the cleared process by wh acts on is denied access to the court. nonetheless, the government sists that the grant of additional jurisdiction to the of appeal, over orders not at issue here, imply -- jurisdiction that congress conferred. that argument does no follow from any explicit statutory -- and the three factors that this court has fashion tode the all favor district courtlusi jurisdiction here, just as in free enterprise. first,
mr. clement. >> mr. chief jus -- district courts originalranted jurisdiction over all civil actions arising under the constitution. it is common ground that congress has never expressly withdrawn or restricted that jurisdiction, with respo issue here.utional claims an instead, all calm grass has done expressly give jurisdiction to the court of appeal to a person subject to an ftc cease a desist order. axon is not subject t and does not challenge such an order. inste axon challenges the...
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Jul 20, 2023
07/23
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mr. clement? >> even as to the experti factor, the scc may have lacked expertegarding the way which the removal protections for the pc you >> it certainly has expertise the way adjudic are conducted. the second thing i would say is his were a challenge for instance to a rule of evidence that bound t, and it was being attacked on the ground that it violated do bra size because it did not allow in the proceeding a sufficient opportit to rebut agencies charges, we would surely say that challenge has to go through the administrative whetherue process challenge succeey be unrelated to the merits of any particular allegthat a regulated party has viol the ftc act. but it's still not collater to the review provisions because it goes to ty in which the administrative adjudication we'll conducted. here we have basically the same thing. the challenge to the removal protections for the ftc commissioners is a little bit differcause the ftc does a lot of ohings. if the commiissued a rule, then the rule could be
mr. clement? >> even as to the experti factor, the scc may have lacked expertegarding the way which the removal protections for the pc you >> it certainly has expertise the way adjudic are conducted. the second thing i would say is his were a challenge for instance to a rule of evidence that bound t, and it was being attacked on the ground that it violated do bra size because it did not allow in the proceeding a sufficient opportit to rebut agencies charges, we would surely say that...
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11
Jul 20, 2023
07/23
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mr. clement,e apa doesn't strip jurisdiction anymore th does. that's ultimately what the government wod be saying. congress granted the jurisdiction in 13 31. the fcc act didn't take it away. lo an bold, ten years later, and different prison provision, didn't talk about jurisdiction really, congr stripped the traditional, historic classrisdiction. we don't think that's a very good statute. >> second, i want you to explain how you thought thunder basin interacted with the plane readg the statutes. >> so, we would start with the text of the statu we think the thunder basin factors, in some ways, could be relevant anding about whether congress actua intended to strip jurisdiction. for example, where're talking about something that is agency doesn't have expertise to addr it would be unusual to think tharess forced parties to go throughhe administrative proceedings before gettincial review in that. when that respect, we think the factors could inform the courts analysis of what commerc intended, and supplement the teur inquiry. but we think, ultimat
mr. clement,e apa doesn't strip jurisdiction anymore th does. that's ultimately what the government wod be saying. congress granted the jurisdiction in 13 31. the fcc act didn't take it away. lo an bold, ten years later, and different prison provision, didn't talk about jurisdiction really, congr stripped the traditional, historic classrisdiction. we don't think that's a very good statute. >> second, i want you to explain how you thought thunder basin interacted with the plane readg the...
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6.0
Jul 21, 2023
07/23
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mr. clement wants to go broader on what structure is. i don't really see how you divide that out from just regular due process claims. maybe you can give me a clear our that i have received so far in the case law. or from the diplomatic public structure. and give me some sort of special damage that you are suffering. under that definition. >> a structural constitutional claims, the courts decision and -- is to recognize the claims of structural constitutional claims. carl versus all dealt with the -- >> remind me of what it -- >> in that case the court held that you did not have to exhaust appointments clause challenges before administrative agencies. that you could bring that independently and bring that in article three court. because of that you need the nature of structural constitutional claims. among other considerations. and discussing structural constitutional claims, the courts in numerous cases of advantages including a free enterprise fund case. in terms of weather, different iran, are we are suffering the mere fact of having
mr. clement wants to go broader on what structure is. i don't really see how you divide that out from just regular due process claims. maybe you can give me a clear our that i have received so far in the case law. or from the diplomatic public structure. and give me some sort of special damage that you are suffering. under that definition. >> a structural constitutional claims, the courts decision and -- is to recognize the claims of structural constitutional claims. carl versus all dealt...
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Jul 15, 2023
07/23
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mr. clement: thank you very much. thank you very much. that ovation means a lot to me in the means a lot to me. a letter from general meese means the world to me. i am really honored to be with you and honored to be receiving this award. it is a particular honor for me to receive an award named after general meese. he is somebody who has had such a distinguished career in public service. most of us know him from his service in the reagan administration at the federal level but long before that, he was serving with governor reagan and the reagan administration came to a close almost 35 years ago. general meese has been a constant presence in washington and he is a great legal scholar but also it means a lot to lawyers of my generation and younger to have somebody around who is a tangible link to the reagan administration and at the reagan revolution. so i am really tickled to have too received an award named after him. i feel a little bit that i'm getting this award largely because i can't keep a job. [laughter] i keep on leaving these lar
mr. clement: thank you very much. thank you very much. that ovation means a lot to me in the means a lot to me. a letter from general meese means the world to me. i am really honored to be with you and honored to be receiving this award. it is a particular honor for me to receive an award named after general meese. he is somebody who has had such a distinguished career in public service. most of us know him from his service in the reagan administration at the federal level but long before that,...
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mr. plus. welcome to the w clement experts always say that it's down to the politicians to put in place the necessary changes to come back global warming and the window of opportunity. we all know that is closing fast, our lawmakers not seeing the urgency here as well. definitely, we're not seeing the urgency enough and we have been doing good the times on the european level with the european green deal. but lately, a lot of policy make us, you know, even a minor we my call defense president there. calling for a pause in kind of policies in exactly the opposite of what we need. we really need to tackle this as a crisis. the house is on fire. scientists have been telling us this since he is. and now we see the 1st what the 1st side of this kind of crisis, but this will get worse. so we really need to excise and we really need to put the climate back again into the center of our policy making me. it's probably fair to say that your party has been pushing hardest for the longest time for stronger measures to combat climate change. you say it yourself, the house is on fire. we can all feel it here in eur
mr. plus. welcome to the w clement experts always say that it's down to the politicians to put in place the necessary changes to come back global warming and the window of opportunity. we all know that is closing fast, our lawmakers not seeing the urgency here as well. definitely, we're not seeing the urgency enough and we have been doing good the times on the european level with the european green deal. but lately, a lot of policy make us, you know, even a minor we my call defense president...
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Jul 30, 2023
07/23
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julian, david stayed behind and we went off to san clemente with the with the president. mr. nixon, as we passed by the washington monument. the president is there. i'm sitting here. mrs. nixon's next him. and i thought. what do you say as you're going by am the marine one. and said, mr. president, in ten years you will be back. because that's the kind of person he was. and mrs. nixon was. they were fighters. and ten years later, by order of katharine, who heard him give speech, he was on cover of newsweek saying he's back because everyone wanted seek his advice and is nixon was very much a part of that. patty a couple of things. your take as a staffer at that pivotal moment, but before that something much happier and i wanted to ask you earlier and we moved along you talked about mrs. loved to have one on one time with people to be able to look them in the eye, to make them understand not her importance, but the importance of the office and the presidency and the first lady. how many of you all have ever taken a tour? the white house? bunch of us. i think we have done it dur
julian, david stayed behind and we went off to san clemente with the with the president. mr. nixon, as we passed by the washington monument. the president is there. i'm sitting here. mrs. nixon's next him. and i thought. what do you say as you're going by am the marine one. and said, mr. president, in ten years you will be back. because that's the kind of person he was. and mrs. nixon was. they were fighters. and ten years later, by order of katharine, who heard him give speech, he was on cover...
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Jul 1, 2023
07/23
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mrs. nixon at their home in san clemente, california, which during this presidency was known as the western white house and this is on the grounds of their home. i have had i've had the great pleasure of actually going to that home when the nixon sold at a very good friend of theirs bought the home and still owns it and occasionally. we'll open it up for events. but also, 32 years ago when i was working on the original nixon library and was out there for some visits the owner gavin herbert and his wife dinetta invited me to come see it. it's just a spectacular place on a high bluff overlooking the pacific ocean. so this is this these pictures were taking i think in february, so the weather was a little bit in clement, but they got a lot of fun pictures there looking they're looking out towards the ocean on a bench on the grounds of their home in san clemente, which is just such a beautiful spot. i said when when i went there my wife and i went there way back in 1990. i said man if i lived here, i would never leave it would it was just spectacular. it's gorgeous. absolutely and it's it's eas
mrs. nixon at their home in san clemente, california, which during this presidency was known as the western white house and this is on the grounds of their home. i have had i've had the great pleasure of actually going to that home when the nixon sold at a very good friend of theirs bought the home and still owns it and occasionally. we'll open it up for events. but also, 32 years ago when i was working on the original nixon library and was out there for some visits the owner gavin herbert and...
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15
Jul 7, 2023
07/23
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mr. trump would say just 1/8 of an inch in raise -- we live in san clemente i -- sam -- san clemente californiand homes are being flooded every time we have a storm. look at all the tremendous heat wave here. if you look at the latest reports in the newspapers, a world temperature has risen higher than ever before in history. there is a reason for that. we have too many people. i will finish off with this last thoughts and i want everyone to remember this because someday someone will have to pay attention. when we hit 9.7 billion people on this planet, we are going to -- no one will be able to breathe the air. i know that sounds stupid. we have to pay attention to this and make corrections in the way we are living. the rent and the cost of just living is going up because there are too many people. host: got it, around. you mentioned the high temperatures. look at this earth map from july 4. look at the red across the continents of the earth. it so setting an unofficial record for high temperatures three days in a row, sparking the conversation over climate change. that is our conversation with
mr. trump would say just 1/8 of an inch in raise -- we live in san clemente i -- sam -- san clemente californiand homes are being flooded every time we have a storm. look at all the tremendous heat wave here. if you look at the latest reports in the newspapers, a world temperature has risen higher than ever before in history. there is a reason for that. we have too many people. i will finish off with this last thoughts and i want everyone to remember this because someday someone will have to...