'The Five' Goes Insane - Jessica Tarlov Gets Brutal Takedown After 'Absurd' Opinion

Hey, ladies and gentlemen, this is Carmine Sabia 4, Explain America

and Fox News' resident liberal Jessica Tarlov got wrecked when she tried to give a legal opinion on the five

That was, as one guest called it, absurd. Before we get started, please make sure you like, comment, share, and subscribe

Those little things really help us out, and they help our channel continue to grow

So Tarlov was on the show, and she tried to massage. the Colorado Supreme Court's legal theory

that barred Donald Trump from the ballot. Now that's obviously going to get appealed

likely all the way to the Supreme Court, likely going to get smacked down by the Supreme Court

I don't see a case in which it would not get smacked down by the Supreme Court because it's ridiculous

If you know anything about the law, it's ridiculous. If you know anything about the 14th Amendment

particularly Section 3, it's ridiculous. But Tarlov tried to make it work

and she got smacked down by conservative Hugh Hewitt. So before I let you see that clip

I want to tell you that I'm Carmine Sabia. This is Explain America. We love you guys

God bless you. Take care, everybody. And take it away, Hugh. It will be very interesting to see how this plays out

I've taken in a lot of the commentary on both sides of the decision

And I think that in particular we all going to be watching Supreme Court Justice Neil Gorsuch who has actually already ruled on this issue when he was on the Court of Appeals for the Tenth Circuit

So the case was Hassan v. Colorado. I hope that I'm pronouncing Hassan correctly

And he wrote, and it is quoted in the majority opinion in the Colorado case

that the state does have a right to kick someone who is ineligible to run off of the ballot

And it's interesting in the dissents, and Hugh didn't mention this, that the three dissenting justices did not refute the idea that Donald Trump played a part in this insurrection

which under Section 3 of Article 14, should rule him ineligible to be running for office

They talked about lack of due process, but they didn't engage with any of the evidence that was presented at a five-day bench trial

They just said he didn't get his due process. I guess, Jessica, the other point is that he hasn't been charged officially with that

No, but that's also not stipulated in Section 3 that you have to be charged

It's not there. I understand that that's the case that they will make, but it will be very difficult for Neil Gorsuch to go back on something that he has essentially already ruled on, and especially if the dissenting justices aren't making it seems that solid of the case

Yeah that an interesting point Jason Well he not only hasn been charged he hasn been convicted and that what makes this so premature He has not been convicted of anything related to January 6th or overturning elections and that is where the court in Colorado is not only just an example of judicial activism

it's sort of judicial arrogance. Brett, the court is saying to tens of millions of Republican voters

you will not decide who the Republican nominee for president will be

We will tell you who you cannot or can choose to be the Republican nominee

And I think that is just an overwhelmingly arrogant position for them to take

And I think Republicans are going to respond accordingly. And I think this would be very bad for the country if the Supreme Court allows this to stand

And it also, again, plays into Trump's narrative, as Hugh was saying

that the system is not only rigged against him personally, but Republicans in general

This plays into that narrative. And the court should not be putting its hand or its finger or its thumb on the scale of political activists who are..

You know, the problem for the left threat, essentially, is that they don't trust the democratic process

They don't trust the voters. The voters are in the way of what they want to happen

And therefore they using the judicial system to get around the democratic process here Jason really quickly though yeah two points on that One this case was brought by a group of Republicans

It was not brought by Democrats. This doesn't have to do with leftist politics. And Donald Trump is the only person running for president who challenged our Constitution

the one who said, actually, this election should not stand and asked Mike Pence to

quote, do the right thing. That is not something that a Democrat ever did. Jessica, this is the worst legal take I've ever heard

It's absurd. It's absolutely absurd for a non-lawyer to sit here and say that minus a confrontation with someone

who has not been charged, much less convicted, that the court can take them off the ballot

It is a shameful moment in American jurisprudence. It is like watching a bad high school musical

It is a cringe-inducing moment for anyone who's ever taught the law, practiced the law

And Colorado will be scorned for decades because of this. And it will be reversed by the court very, very quickly

And quickly, Hugh, do you think it's 9-0? Do you think that the liberal justices on the Supreme Court can get around what you're talking about

I'm praying it's 9-0 because if Justice Brown Jackson or Justice Sotomayor throws in with the pirates in Colorado

their reputations will be as damaged as the Colorado justice's reputations are

It is an absurd decision