Live from Music Row Friday 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 the original all-star panelist Crom Carmichael to the studio to discuss the emergency rule the Biden administration uses to micromanage the vaccine status of businesses with 100 employees or more.
(Deputy Press Secretary Jean-Pierre clip plays)
We are confident in our authority to protect American workers as this virus is killing 1,100 Americans a day. This is an obligation that the Department of Labor has to protect workers who face grave danger. And it’s derived from a law passed by Congress that’s been around for more than 50 years.
Leahy: And that is the deputy press secretary filling in for Jen Psaki, showing that she can lie just as brazenly as Jen Psaki can. Now, did you catch that? She said this is based on a law that’s been in effect for over 50 years. Did you catch that?
Leahy: This is the mandate of employers with over 100 employees. They must, according to this emergency code rule passed by the Occupational Safety and Health Administration, which is part of the Department of Labor, an emergency rule that was passed and they’re citing as the authority for this 1970 law, Occupational Safety, and Health Act.
Well, turns out I looked at that law. Let me tell you what that law actually says. This is the Occupational Safety and Health Act of 1970. The Secretary of Labor, by the way, Marty Walsh, is the Secretary of Labor.
He was the head of a Union group Labor’s Union, part of the AFL-CIO, and leveraged that to become the mayor of Boston. So a union guy. The secretary shall provide without regard to the requirement of Chapter five, Title five.
You know what that is? That’s the Administrative Procedures Act of 1950, which governs all rulemaking of every regulatory agency in the country. That law has been in effect for over 70 years.
Then they set up an emergency temporary standard to take immediate effect upon publication in the Federal Register if he determines.
This is what the Secretary of Labor is supposed to determine under that law, that employees are exposed to grave danger. She used that word, the deputy press secretary from wait for it…exposures to substances or agents determined to be toxic.
Leahy: It doesn’t say viruses.
Carmichael: No, that’s right.
Leahy: Substances or agents determined to be toxic.
Carmichael: So you hit the nail on the head in terms of another lie by definition. But I have another one that she said. She said, 1,100 people are dying a day and that therefore OSHA must act. Now, why is that a lie?
Because it is a statement that is true, but it’s accurate but is a lie nonetheless because it is intended to deceive. Because 75 percent of the people who are dying from COVID are over 65 and therefore retire.
Carmichael: So there are only 200 to 250 people. And so then if you take out the comorbidities, then you’re down to probably less than 50.
Leahy: How long has Joe Biden been the grifter in chief?
Carmichael: 10 months.
Leahy: Since January. So this idea is a little hook in this law that says if employees are exposed to grave danger from exposure to substances or agents determined to be toxic, was that grave danger? Was that grave danger in effect on January 20th of this year?
I’ll tell you what happened. They waited all this time because they’ve been looking for some kind of statutory way to place a hook for an emergency order and they discovered it by misrepresenting this language in this obscure law.
Carmichael: Then this will go to court.
Leahy: It’s already in court.
Carmichael: And one judge has already shut it down. Well, here you go. This is interesting. Back to the rule of law. There are now 27 states suing, calling this emergency order unlawful and unconstitutional, which it is, by the way.
And the unlawfulness of the Biden maladministration is so bad that in one of those lawsuits on Saturday, the Fifth Circuit Court of Appeals stayed the emergency order.
Carmichael: One of the big courts?
Leahy: The Fifth Circuit Court of Appeal stayed that order, right.
Carmichael: So agreed with it?
Leahy: No, they said you can’t enforce it because it’s unconstitutional and temporarily stayed the use of it. In other words, there was a judge at a local level in New Orleans that stopped Biden. No, there’s a circuit court of appeals.
Carmichael: That has also stopped Biden.
Leahy: On Saturday. But do you know what Biden said?
Leahy: Pay no attention to that court of appeals.
Carmichael: Here’s what’s interesting about that. This will end up going higher.
Leahy: It will be the Supreme Court.
Carmichael: Now, here’s the question, Michael. If you work for OSHA and they tell you, ignore the law, go do what I tell you to do anyway. You can go to prison. Just because you do what you’re told to do like in the military, if somebody tells you to break the military code and shoot somebody, you don’t have the right to do that.
Leahy: You don’t do that. Here is what of those 27 states that are suing the Biden maladministration. One of those was in Arizona, where Mark Brnovich is the attorney general of Arizona. We’ve got that clip I think of the attorney general of Arizona and what he says about this illegal and unconstitutional law.
(Mark Brnovich clip plays)
We’ve already seen the IRS, the Department of justice weaponized and going after our families. And now you’re going to have unelected bureaucrats, basically micromanaging you in the workplace and telling you what you should be putting in your body.
It’s a very dangerous precedent. We need to do everything we can, regardless of who you are, your background to push back against the overreach of the Biden administration.
Leahy: Brnovich is doing a good job there. That’s one of three lawsuits out there. You got Arizona, West Virginia, Tennessee, and then you’ve got Louisiana, Mississippi, and Texas.
Carmichael: But if it turns out that individuals who work in government are breaking the law by trying to enforce something that is against the law, they’re putting themselves at risk because the next administration could say we’re going to arrest these people and indict these people who have broken the law.
And then they’ll say, well, I only did it because I was told to do it. Okay, well, let’s arrest them and indict them, too. Because this has to stop somehow. Either you’re going to have equal treatment, which is equal mayhem where you’re attacking each other.
Or the next administration comes in and says what they did was wrong. And the people who carried out what was wrong and who broke the law, need to be held to the standard of justice.
And then the next time it happens, somebody will say, I’m not going to break the law. Look what happened last time, they went to jail. I’m not going to do that.
Leahy: Let’s get back to why all of these things, this outrageous expansion of federal government power. Why is this happening? Well, the reason it’s happening is because we have a legal but not legitimate occupant of the White House right now. The Biden maladministration, everybody knew this was going to happen, Crom.
Everybody knew from the moment this guy on January 6th, the joint session of Congress accepted the Electoral College votes from these battleground states, which they should not have accepted from that moment, you could have predicted all of these things would happen.
Carmichael: Here’s what’s going to be interesting. If there is no real law to back these people up and the courts say to the Biden administration, you’re edict or whatever it is you call that executive order or whatever it is, you cannot do it. That’s against the law to carry it out. And the Biden administration tries to carry it out anyway.
Leahy: That’s where they are right now.
Carmichael: I know that. But it hasn’t happened yet because it’s not January 4th. It goes into effect on January 4th. And if an OSHA person comes into a business and demands to see the records after January 4th, and the courts have ruled that that’s not legal, that poor federal employee could very well go to prison when the next administration takes office.
Leahy: On this legal side, though, there’s another interesting angle. This obscure act, the Occupational Safety and Healthy Health Act of 1970 passed and was signed into law during the administration of Richard Nixon.
A Republican, but really not a conservative Republican at all. But this portion of the law, to my knowledge, this rulemaking claim has never been attempted by any administration.
Carmichael: But the rulemaking claim you’re talking about refers specifically back to something that includes the word toxic.
Leahy: That’s exactly right.
Carmichael: So in other words, the ’70 law gave power, but it related back to the 1950 law.
Leahy: What it also said, though, which is the problem is, it said, don’t pay any attention to Chapter five, Title five of the U.S. Code, which was the Administrative Procedures Act, which said if you’re going to do a rule you have to have a public comment period. It said, don’t pay any attention to that.
That part I think is unconstitutional and illegal. And that part will be challenged as well in the courts. And that part of this law will be thrown out. Never been tested before. This is what the legal eagles in the Biden maladministration have done.
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