Sept. 3, 2026
The Bill Martinez Show 09 03 26
The Bill Martinez Show 09 03 26
Transcript
WEBVTT
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Are you ready?
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Yeah.
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Okay, let's do it.
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Bill Martinez Live, a program about current events, our culture,
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our values, our politics, and our future.
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And now, Bill Martinez.
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Hey, good morning.
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How you doing?
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It's six minutes after the top of the hour. Bill
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Martinez here. We got Mike O'Neill from Landmark Legal. Hey, Mike,
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how we doing?
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Good.
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Good to be with you, Bill.
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Good to catch up on some things. The saga of
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the Trump ballroom. continues. And of course, they probably hate
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the fact that I said Trump in ballroom in the
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same sentence.
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I mean, it just, it won't end. And this, as
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I've said before, this, in any other administration, this would
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have been just a side note. Wouldn't have attracted attention.
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It would have been celebrated. Construction continues on the new,
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brand new, beautiful ballroom. That would have been it. But because,
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of course, it's Donald Trump and because There's just been
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the weaponization and legal lawfare against everything and anything that
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he does, any and all of his executive actions. It
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becomes way blown out of proportion. This is something that's
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necessary that the White House needs. We know this because
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they've been reduced to having events for decades. They've had events,
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international diplomatic events intense on the White House lawn. which
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really doesn't make a lot of sense from a security
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perspective in the.
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Era of drone. Especially with drone warfare now in play, right?
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Right.
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It's not a secure site. You need something. You need
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a hard, secure location that they can host these sorts
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of high-profile events at. And so Donald Trump made theâ
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and he's a builder. He took the reasonable measure to
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decide he was going to put a nice ballroom, reasonable.
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And he's also going toâ since there was going to
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be massive construction, they were going to beef up the
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security apparatus under the White House. So there's a secure
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location that the president and others can evacuate to or
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vacate to in the event of a national emergency.
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Right.
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Nonetheless, this was litigated. This was a lawsuit. The most
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specious standing analysis was done to somehow concluding that an
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individual who who was part of a member of a
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historic trust, which, by the way. is just a euphemism
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for a wealthy NGO, exempt organization with tens of millions,
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if not hundreds of millions of dollars in reserves, whose
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sole purpose appears to be to make wage lawfare against
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the president of the United States. And that's what you
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see over and over again. And keep in mind, I'm
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someone who is part of an NGO. I'm an attorney
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at an exempt organization. So I can see how this
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works from the inside. You have these groups that are
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just waging this and are funding this. And yet you
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have a D.C. court, a district court, the D.C. Circuit
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Court of Appeals, and four justices of the Supreme Court. Now,
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we saw this. Four justices, including John Roberts, conclude that
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they would have stopped construction on this. And they completely
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washed over a simple threshold question that all courts have
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to ask themselves when they entertain a lawsuit, when a
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lawsuit is filed. And that is whether the party's bringing
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the lawsuit, the party or parties bringing the lawsuit, In
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other words, have they suffered an injury in fact?
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Right.
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And I defy you to convince me that somebody whose
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view of the East Wing of the White House is
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so offended to the point where they have suffered an
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acute injury that justifies injury. a multimillion-dollar lawsuit being brought
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all the way to the United States Supreme Court to
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stop the construction of something that the chief executive of
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the United States has decided is necessary for security purposes.
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What does it say about the legal system, Mike, that's
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something so academic that you probably learned in your first
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semester of law school that finds its way to the
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Supreme Court? What does that say about the whole judicial
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process right now?
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I mean, that's a deep sigh for me because it's
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just incredibly disappointing that you would have this threshold issue.
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And keep in mind, I spend days, weeks trying to
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ensure that any lawsuits have sufficient standing. In other words,
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does this when conservatives bring lawsuits in cases so often,
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you know, I hear this over and over again. Well,
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I want to sue because this state law is, you know,
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it allows noncitizens to vote. or doesn't properly secure my
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right to vote, or the structure of my state's election
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system is such that they don't have sufficient controls in
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place to ensure that ineligible voters aren't casting votes. Can
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I sue? I'm worried that my vote is being diluted,
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the value of my vote, because people who are ineligible
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are casting ballots, or non-citizens are in the voter rolls.
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And I have to answer these questions. I have to say, well,
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there's not this generalized standing principle. You can't have this
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generalized injury. You have to have the cognizable injury in fact.
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And it drives me crazy that I have to answer
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those questions that way, but I do.
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But how do you determine that? Because usually the injury
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doesn't occur until post-election. And then you have to have
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the evidence to be able to demonstrate that there was,
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you know, said infringement upon that one vote.
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And then it's too late, right?
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Right.
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Yeah.
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And to the court's credit, there's been a little bit
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of a loosening in that. In the boss decision last term,
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they actually concluded that a candidate If you're a candidate,
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you can actually sue proactively. But a generalized citizen, you know,
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can't sue because, well.
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Wait a minute.
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I know my vote in the November election is going
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to be devalued because I know for at least I
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should be, you know, at least as a facially that
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there's going to be people who are ineligible who are
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going to be casting ballots. And I want to file
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a lawsuit because I want to be able to prove
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to a jury that. by a preponderance of evidence, that
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that's going to be the case. And I want to
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be able to conduct discovery. And I want to be
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able to look into this and subpoena the system and
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pull the curtain back.
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No, no, no.
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There's not this generalized voter standing. So they're so quick
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to say that. Yet, on the other side of the ledger,
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if it's against a Donald Trump construction or a Donald
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Trump executive action, we can say, oh, wait, wait a second.
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My view of the East Wing of the White House
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is offended, which is entirely subjective in and of itself.
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That's sufficient evidence for both a district court and a
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circuit court and four justices. Four justices. Keep in mind now,
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I think you asked the question why. And I think
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that their arguments were that he doesn't have any kind
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of legal authority to do this and that they were
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so offended by his lack of legal authority to do
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this that they were able to overcome.
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Their standing issues.
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But again, Standing is a threshold necessary issue that you
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have to resolve before you can entertain a lawsuit. It's
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the very first question the court asks itself. You don't
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even get to the merits of the case until you
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overcome standing. And again, standing, injury in fact, redressability and traceability. Traceability,
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you have to be able to trace the injury you
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suffered to the party that you're doing. And then redressability,
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the court actually has to have statutory legal constitutional power
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to actually redress your purported injury.
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Well, Michael, how can how can they say that Donald
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Trump isn't legally authorized? I mean, his number one job
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is national security.
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That's why I take issue with that as well.
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Right.
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Again, and that's why it's kind of surprising with the
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chief justice, because so in a lot of cases he's understood,
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you know, immigration cases come to mind, for example. He said, look,
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the plenary authority of the executive is to determine national security.
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We're not going to infringe on that. And this is
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an executive action taken on executive land, you know, executive property.
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This is the executive mansion. So we're going to defer
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to his findings there. And again, it's not it's a
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necessary it's necessary in and of itself. We know that
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this is a these are legitimate threats that the president
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United States faces. Keep in mind, and we lose track
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of this. The fact that there was an assassination attempt
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at a ballroom a couple of months ago.
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Right down the street.
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So, OK, wait a minute. Let's not have the president
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of the United States be in these to the extent
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possible that we can control it. Doesn't it make sense
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to have a big ballroom on a secure White House
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grounds so that the president can have these events there
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instead of having to be transported and shut down the
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city and inhale at the Hilton? and shut down the
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streets around the city and have all these security checkpoints
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and then have some lunatic be able to still run
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through and get almost, you know, get, you know, within
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a few feet of the ballroom. What if he had,
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you know, what if that guy was a suicide bomber, right?
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What if he were a suicide bomber? He could, he got,
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he got through, he kind of got through the initial
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security checkpoint, the security, the secret service tackled him. But
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what if he had a bomb strapped to himself? Again,
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what if there's a drone? It's like, we can just,
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we can go down this, this road of hypotheticals you know,
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until we're blue in the face. But they're all, the
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thing is, they're all legitimate threats. We're not just making
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this up. So you would think there would be some
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deference to that.
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Yeah, you would think. I mean, and the other thing,
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oh yeah, by the way, this construction is being privately
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done and paid for. No taxpayer money is being used
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on this. I can't imagine that any future Democratic president,
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if there would be one, would not be grateful for
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this ballroom. We got to go to quick break. We've
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got more from Mike O'Neill after this. Stay with us.
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