Cap Wealth Management’s Tim Pagliara Talks the Supreme Court Case of Collins v. Mnunchin

Cap Wealth Management’s Tim Pagliara Talks the Supreme Court Case of Collins v. Mnunchin


Live from Music Row Tuesday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. –  host Leahy welcomed Tim Pagliara in studio to discuss the upcoming May Supreme Court decision regarding Collins v. Mnunchin.

Leahy: In studio, our good friend Tim Pagliara author of Another Big Lie: How the Government Stole Billions From the American Dream of Homeownership and Got Caught. So, Tim, the Supreme Court is going to hand down its decision sometime in what, May, you think?

Pagliara: Typically, what happens you can count it down 84 days after oral argument, which would put the decision sometime in May. So they’re in the deliberation phase right now. They’re reconciling the different opinions that the judges have towards this. The more difficult the decision, the longer it takes. But sometime around the first of May.

Leahy: So 84 days, have you studied this? And you know that over the course of the past decade, it’s about 84 days from oral argument.

Pagliara: That is it’s the number that’s the number. You leave nothing to chance Tim. That’s very interesting. Let’s speculate now, do you think the oral argument was in December?

Pagliara: December 9.

Leahy: So are they in that big room right now just deliberating or are they writing their own separate opinions on it? What’s the likelihood? We are at March 23 today?

Pagliara: My understanding is they go through a series of caucuses and depending upon how hot the issue is and how divided the court is, they will try and come together and reconcile. That’s how you get 5-4 opinions, 7-2. I think one of the most recent opinions was 8-1.

Leahy: And John Roberts being the only dissenter. Don’t even get me started on John Roberts. So based upon my read of how the more liberal members of the court weighed in on this, I would not be surprised at a 9-0 opinion, which would be incredible.

Leahy: In favor of the prentice.

Pagliara: Or 7-2 or something along those lines and on the two counts. I think the constitutional claim is a slam dunk, but I don’t think the plaintiffs are going to get backward relief. I think they’ll get forward relief.

Leahy: The backward relief, is that just a matter of just the scale of the amount of money involved, or is it the legal principle?

Pagliara: It’s both. But also it has rippling implications for a lot of other federal agencies where you have appointed and you’ve got acting directors, you’ve got different issues related, and typically the court will take an easier route out. And I don’t think they’ll address that difficult issue because it opens up a Pandora’s box. Now, for the same reason, I think they will come down with a very, very strong opinion on the APA claim and theft.

Leahy: The Administrative Procedures Act claims to be unconstitutional the way it’s being implemented.

Pagliara: Usurps their authority.

Leahy: Usurps their authority. That’s a common phrase for the federal government, and they

Pagliara: I think there’ll be some teeth, because, as we were talking about in the previous segment, there’s not just one. This is not just one case. This is the one that hit the Supreme Court. There are other cases. For example, Judge Lamberth in the D.C. Circuit. He’s got a case that’s going to go to trial. And this is the one that will put a dagger through the Justice Department’s heart.

They filed a false AFFE affidavit in a lawsuit and they lied to a federal judge. They said that these companies were in a death spiral, and they had just been briefed by the chief financial officer and the outside auditor. It’s on the record. It’s indisputable that they were entering a golden age of profitability.

Leahy: See, here’s the thing, though, there was an FBI agent lawyer who filed the false affidavit with the FISA court got a slap on the wrist.

Pagliara: Well, here’s how this is different. Tell me you remember that commercial, ‘It’s not nice to fool with Mother Nature,’ you know? Well, it’s not nice to fool with a federal judge. They lied to a federal judge. Different than a FISA court judge, to some degree. And this federal judge now controls these proceedings.

And when the case was remanded back to him, he was embarrassed because his ruling where he dismissed the case in 2014, he was a domino. People respected him for his opinion, and a lot of them just fell back on their good friend Royce Lamberth’s judicial prowess. So when they came back to him and he knew they had lied to him he had to set the stage for what the government was going to have to be tried for. The government has to answer in front of a jury whether they complied with the covenant of good faith and fair dealing that’s embedded in every contract.

Leahy: Very interesting.

Pagliara: They cannot win. And so the judge set the government up to fail. And he’s just sitting back, watching now. He’s intently curious as to who’s going to certify a trial record with a perjurious affidavit that they’re taking discovery. So they want to end this because it is not going to end well for them.

Leahy: On the Supreme Court case when they rendered their decisions are the attorneys and the plaintiffs like every day in May when they get up, do they file at 10 am in the morning and just hit the refresh button every day?

Pagliara: Every day.

Leahy: Is that what happens?

Pagliara: That’s what happens. And I know all the attorneys. I’ve worked with every one of them. David Thompson, who did the oral argument, he and I’ve become good friends.

Leahy: He’s got a little blurb on your book that he talks about how this was the largest and most brazen expropriation of private property in the nation’s history. David Thompson, managing partner of Cooper and Kirk.

Pagliara: You remember Charles Cooper? Charles Cooper represented. He was one of the attorneys in Bush versus Gore.

Leahy: It’s a very high-powered law firm. But all the clerks, the young associates are there hitting refresh. But every day in May, right?

Pagliara: It’s like waiting for your wife to have a baby.

Listen to the full third hour here:

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Tune in weekdays from 5:00 – 8:00 a.m. to the Tennessee Star Report with Michael Patrick Leahy on Talk Radio 98.3 FM WLAC 1510. Listen online at iHeart Radio





Tennessee Star National Correspondent Neil McCabe Weighs in on the Upcoming Impeachment Trial of Citizen Trump

Tennessee Star National Correspondent Neil McCabe Weighs in on the Upcoming Impeachment Trial of Citizen Trump


Live from Music Row Wednesday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. –  host Leahy welcomed Tennessee Star National Correspondent Neil McCabe to the newsmakers line to discuss what he see’s happening with the impeachment trial of ex-President Donald J. Trump.

Leahy: Crom Carmichael the original All-Star panelists in studio. And on the newsmaker line our Washington Correspondent and our National Correspondent the great Neil McCabe. Good morning, Neal.

McCabe: Good morning men.

Leahy: It’s a little crazy in Washington next week. They’re going to start the impeachment trial. The president’s team responded. He finally has a team that’s sticking with him of attorneys. Also, we saw that Alejandro Mayorkas was confirmed as the Secretary of Homeland Security despite all of the EB-5 Visa scandals that he’s been involved in. What do you make of Washington today Neal?

McCabe: Well, I think it’s interesting that a lot of people blame the Democrats for the fact that Trump and four years could never get any of his officials confirmed. But the fact of the matter is that it was McConnell who was keeping Trump from filling up any of those spaces and the dozens and dozens of ambassadorships that were left open.

And he was doing it through various devices. But the majority leader of the Senate has the right to call any vote at any time and can be recognized at any time. And so the majority leader is not as powerful as the Speaker of the House in that chamber, but that in and of itself is a tremendous power that Schumer has and not McConnell.

And what you’re seeing is that Republicans are rolling over and basically letting these guys go through. They’re not demanding the maximum of 30 hours of debate. They’re not staging demonstrations or walkouts at committee hearings. Basically everything is rolling forward and McConnell is doing for President Biden what he would never do for President Trump.

Leahy: I saw old Mitt Romney, Susan Collins, Lisa Murkowski, and Rob Portman. I think there was one other actually that did this.

McCabe: I think Dunn was at the White House. Are you talking about the White House meeting?

Leahy: The Mayorkas vote. But let’s talk about the White House where ten senators go in and Republican senators. I don’t know if you say hat in hand to try to reason with President Biden. Yes, he is our president. (Chuckles) To reason with President Biden who’s got this big blue state bailout masquerading as a coronavirus stimulus bill. Tell us about that meeting in the White House between 10 Republican senators and President Biden.

McCabe: Well, you know they did their dance and the president heard them out. And so he gets his photo op with the Republicans. He gets to demonstrate that he’s open-minded and that he’s trying to be the president of all the people. And then like Biden does, he’ll do whatever the left wants. He’ll do whatever the Democrat political machine wants him to do. He always says the right things.

You listen to a speech and you can listen to it as you’re going to be speaking and you’re like my goodness. He gets me completely to understand their point of view. And if you actually read the thing, you see, you know, how he sort of plays around with the words and it turns out he gives you nothing. And so there’s never a compromise with Biden.

And in a lot of ways during the Obama administration Biden was actually in the forefront getting ahead of Obama on some of this left-wing stuff. And so these guys did the dance. They gave Biden cover. But these establishment Republicans own the Biden presidency because they were throwing sand in the gears for Trump for four years.

And then when Trump was running for re-election, none of these guys lifted a finger to get Trump re-elected. And certainly, when we saw all the rigging and irregularities, none of these guys spoke up about the funny business that’s going on in these different states. And so, what are you going to do? We just basically have to ride this thing out and hope.

Leahy: And hope is the key operative word. Crom and I were talking before you came on Neil about the president’s legal team strategy for the impending impeachment trial. Crom, do you want to pose your question to Neil about the strategy on this that the team presents team should have yes Neil the president’s team should have?

Carmichael: Yes, Neil, the president’s team has said that one of the things they are going to do is they’re going to argue that the Senate doesn’t have the Constitutional authority to “convict” a private citizen. And I made the statement, I said if they’re going to make that argument they need to make that argument in the courts, not in the Senate.

McCabe: Right.

Carmichael: And they need to they need to take it to the courts and they should do that at the beginning of the trial. When the trial is called into session they should immediately file with the courts and have the courts weigh in on whether or not the the the Senate has the right to try a private citizen.

McCabe: An emergency petition to the Supreme Court to adjudicate a constitutional conflict. I think the answer Crom is if it was so it was so dressed right dress and good to go why is Chief John Roberts sitting it out? I would think that if the Senate was holding an impeachment trial and the chief justice of the Supreme Court didn’t show up for a sitting President does that mean that the chief justice can just sit it out If you want to? Why isn’t the sergeant of arms bringing John Roberts to the Senate chamber and shackles? They should arrest that guy. (Leahy chuckles)

Carmichael: Well you know John Roberts, and I’m not being facetious here or anything, but John Roberts has said that he does not have the authority to run a trial of a private citizen. Which is why he’s not doing it. That’s what he has said. That’s his reasoning.

McCabe: Well, there you go. I mean that’s your answer. And I think I would support that petition. I hope they pull it off. I’m also concerned almost like it seems like it’s almost like a bill of attainder where you basically hold. Is the Senate allowed to just hold the trial? And then decide what what are you gonna do is strip the Secret Service protection telling me can’t hold federal office anymore?

But in the end, this is a political process, not a judicial process. And so they can make whatever arguments they want. The defense team that is. The fact is they have 45 votes in their pocket. They could even give up some of those votes. as long as the guy gets 34 votes he’s good to go.

Carmichael: Just as a citizen I would like to know whether or not to say whether or not the Senate has the right to try a private citizen. And in so doing, strip that private citizen of certain rights? I’d like to know the answer to that.

McCabe: Yeah, I think we should figure it out and we’ll find out. The thing is that you’ve got more than 20 Republican Senate seats up in 2022 and we’re going to find out that a lot of these big talk Republicans when push comes to shove if they’re going to vote to acquit Trump. Because you know John Thune in South Dakota is not going to want to explain why he voted to convict Donald Trump to the voters of South Dakota.

Leahy: Look into your crystal ball Neil McCabe. And two months from today, how will this impeachment trial of the private citizen former President Donald Trump, how will it have played out two months from today?

McCabe: Well, the president will be acquitted with at least 40 votes. And I think that people are going to look back at it as an absurd exercise. And when people look back at the failed presidency of Joe Biden, they’re going to blame this trial as the distraction that completely disrupted old sleepy Joe’s first 100 days.

Carmichael: Are you then assuming in what you just said that that Trump will not file a suit with the courts?

McCabe: I completely appreciate your logic but the fact of the matter is that the Senate is not going to allow the Supreme Court to weigh in on one of its prerogatives.

Leahy: I think that probably is figuring into the thinking of the Trump team at this point to file preemptively on it. but who knows. Neil McCabe, thank you for joining us here again. You’ll be back next week appreciate all of your great work with The Tennessee Star and all of Star News Network.

McCabe: (Laughs) Absolutely men. Take care.

Listen to the full third hour here:

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Tune in weekdays from 5:00 – 8:00 a.m. to the Tennessee Star Report with Michael Patrick Leahy on Talk Radio 98.3 FM WLAC 1510. Listen online at iHeart Radio