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STAY WITH US. MARIA: WELCOME BACK.
ELON MUSK IS TAKING AIM AT THE
STATE OF CALIFORNIA.
THE CEO OF TESLA TWEETED THIS,
TESLA IS FILING A LAWSUIT
AGAINST ALAMEDA COUNTY
IMMEDIATELY.
IMMEDIATELY. THE UNELECTED AND IGNORANT
INTERIM HEALTH OFFICER OF
ALAMEDA IS ACTING CONTRARY TO
THE GOVERNMENT, THE PRESIDENT
AND OUR CONSTITUTIONAL FREEDOMS
AND PLAINS COMMON SENSE WRITES
MUSK.
MUSK. MUSK THREATENS TO PULL
PRODUCTION FROM CALIFORNIA
ALTOGETHER.
ALTOGETHER. JOINING ME RIGHT NOW FOX NEWS
SENIOR JUDICIAL ANALYST JUDGE
ANDREW NAPOLITANO.
ANDREW NAPOLITANO. JUDGE, GOOD TO SEE YOU.
LET’S START WITH THE MERITS OF
THIS CASE, HOW DO YOU SEE IT?
ANDREW: WELL, THE GOVERNOR OF
CALIFORNIA WHO FAMOUSLY SHUT
DOWN THE STATE AND THAT WAS
GRADUALLY, GRADUALLY OPENING IT
UP HAS DECIDED TO LEAVE TO LOCAL
AUTHORITIES THE ABILITY TO MAKE
DECISIONS.
DECISIONS. THIS IS UNLIKE NEW YORK AND
UNLIKE NEW JERSEY OR MICHIGAN,
THE OTHER STATES THAT HAVE BEEN
HOT SPOTS, OH ORANGE COUNTY CAN
OPEN ITS BEACHES, THAT’S
SOUTHERN CALIFORNIA, BUT ALAMEDA
COUNTY ACROSS THE BAY FROM SAN
FRANCISCO WHERE OAKLAND IS HAS
DECIDED THAT IT’S NOT GOING TO
OPEN UP MANUFACTURING.
I THINK THAT TESLA HAS A VERY
GOOD SHOT IN FEDERAL COURT BY
SHOWING THAT IT CAN REASONABLY
COMPLY WITH REASONABLE HEALTH,
SAFETY AND SANITARY REGULATIONS
AND PROCEDURES AND AT THE SAME
TIME OPERATE ITS BUSINESS, BUT
IF HE WANTS TO, YOU KNOW, HE’S
FREE TO MOVE, HE’S FREE TO SHUT
THE BUSINESS DOWN AND MOVE TO
TEXAS.
TEXAS. THAT WOULD BE ENORMOUS
UNDERTAKING AND EXPENSE AND
WOULD LEAVE ENORMOUS HOLE IN
EMPLOYMENT IN ALAMEDA COUNTY BUT
HE’S FREE TO DO THAT.
MARIA: SO IS THE COUNTY’S MOVE
IN DEFINES OF GOVERNOR NEWSOM’S
ORDER TO ALLOW SOME BUSINESSES
TO REOPEN?
TO REOPEN? >> THIS IS THE PROBLEM -- GREAT
QUESTION, MARIA, THANK YOU.
THIS IS THE PROBLEM WITH
GOVERNOR NEWSOM’S ORDER, THE
COUNTY’S MOVE IS NOT IN DEFIANCE
OF THE GOVERNOR’S ORDER.
THIS IS WHAT HAPPENS WHEN
GOVERNORS WRITE LAWS AND EXPECT
THEM TO BE COMPLIED WITH AND
THEN CHANGE THEM AS EVENTS
CHANGE RATHER THAN THE
LEGISLATURE AS SUPPOSED TO BE
THE CASE WRITES THE RAW.
UNDER GOVERNOR’S RECENT ORDER
COUNTIES CAN STAY CLOSE OR THE
COUNTIES CAN STAY PARTIALLY
CLOSE, SO THE ELON MUSK ARGUMENT
IS NOT THAT ALAMEDA COUNTY IS
VIOLATING GOVERNOR NEWSOM’S
ORDER BUT VIOLATING TESLA’S
RIGHTS BECAUSE THEY HAVE THE
RIGHT TO SHOW TO A JUDGE THAT
THEY CAN BOTH STAY OPEN AND STAY
HEALTHY AT THE SAME TIME.
MARIA: I SEE.
SO LEE CARTER, JUMP IN.
LEE: I’M ALSO FASCINATING BY THE
IMPACT CEO BEHAVIOR HAS ON -- ON
THE IMPRESSION PEOPLE OF A
COMPANY AND SO ELON MUSK IS ONE
OF THOSE THAT JUST DOESN’T
FOLLOW ANY RULES AND
CONVENTIONAL WISDOM DOESN’T FLY.
SO MANY PEOPLE CALL HIM THE
DONALD TRUMP OF CEO’S.
ONE THING I’M CURIOUS, JUDGE, DO
YOU THINK THIS KIND OF TWEETING
AND THIS KIND OF BEHAVIOR
ERRATIC BEHAVIOR WILL HAVE
IMPACT ON THE JUDGE’S OPINION OR
DECISION?
DECISION? ANDREW: WELL, IF THERE IS A
TRIAL, LEE, I ASSURE YOU THAT
THE LAWYERS FOR THE COUNTY WILL
TRY TO DEMONSTRATE THAT ELON
MUSK IS ERRATIC.
NOW HIS TWEETS IF YOU FOLLOW HIM
OR READ A SAMPLING OF THEM RIVAL
THE PRESIDENT’S FOR FREQUENCY
AND IN YOUR FACE.
DOESN’T NECESSARILY MEAN THAT
WHAT HE WANTS TO DO IN OPERATING
THE BUSINESS IS IRRATIONAL, IT
JUST MEANS THAT HE’S TRYING TO
GARNER PUBLIC SUPPORT ON HIS
SIDE AND HE’S SUCCEEDING.
I THINK THE RESISTANCE -- THE
RESISTANCE TO THESE ORDERS SEEMS
TO BE GROWING.
DON’T KNOW WHAT THE PUBLIC
ATTITUDE IS IN ALAMEDA COUNTY
BUT YOU’RE TALKING ABOUT A
FEDERAL JUDGE, LIFE-TIME
APPOINTED FEDERAL JUDGE IN
OAKLAND, CALIFORNIA WHO
THEORETICALLY SHOULD NOT PAY
ATTENTION TO WHAT THE PUBLIC
THINKS.
THINKS. HE OR SHE SHOULD JUST PAY
ATTENTION TO WHAT THE LAW AND
CONSTITUTION PERMIT.