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Well Whiskey from Powerline blog dot com
and produced by Ricochet dot com. This

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is the three Whiskey Happy Hour with
your bartenders Steve Hayward, John You and

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power Lines International Woman of Mystery Lucretia. Gotta give where loud down, good

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grief. I feel like James Stockdale. Where am I? What am I

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doing here? I'm so jetgged out
of things? Uh but oh that's right.

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It's the three Whiskey Happy Hour and
Steve's gonna get as many votes of

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Stockdale too. Ouch, It's the
three Whiskey Happy Hour and uh, your

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fearsome threesome are finally back in the
same time zone after several weeks of chaos

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and confusion. So hello John,
Hello Lucretia, and I guess John,

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what we ought to ask is Lucretia
to fill us in on what we've missed,

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because I think we've missed some things. You missed one about you miss

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well, you guys while you were
in Europe probably saw it just as well.

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There are two controversies going on over
social media by trolls and a serious

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people alike. The first one is
whether Biden was simply looking for a place

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to sit down in an imaginary chair, or whether he was actually engaged in

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some other activity, which I won't
mention because this is a family show and

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you do not do scatological humor.
By the way, can I just interrupt

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to say that the technical term you're
looking for, which comes from Jay Leno

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thirty years ago, is geeks,
mutants and trolls. That's what I always

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go with. But anyway, continue, okay, except there are serious people

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on this whole thing. That's thing
one. And then you know the fact

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that Jill blew with him to France. She flew back to hold Hunter's hand

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and intimidate the jurors for one day, and then flew back to France so

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that she could be there to hold
Biden's hand and make sure he didn't sit

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down or do something else in his
pants while he was with the President of

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France, all at taxpairs expense.
So that's thing one. Thing two is

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speaking of trolls, that it came
out I think it was late last night

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or yesterday afternoon that a social media
post by some person I think named Michael

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Anderson, who claimed that his cousin
was a juror and had been on had

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been told by the juror before the
jury even went in for negotiations, that

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Trump had been found guilty. And
okay, the guys claims to be in

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fact a troll. I don't know
how you claimed it. I mean,

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I think wait, there's more.
Okay, he uses a different term for

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it again, family show. I
won't use it. But Judge Merchant sent

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to uh Trump's attorneys some you know, some letter about this particular troll as

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if he was being forthright and above
board and was actually seriously taking a look

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at the fact that maybe there was
something not entirely uh oh, sure about

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this jury verdict. But of course
now it's coming out that the guy's probably

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just a troll. So those are
the two. So was Biden sitting or

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was he not? And is Michael
Anderson a troll? Or is he not?

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And is one Merchant a despicable excuse
for human being? That one is

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not under discussion. We have it. Yeah, we've also just about entered

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World War three because we are making
very clear and obvious and in your face

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plans to invade Russia through NATO,
and so you know, it's been an

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exciting week. Well then you want
to add to that, John, before

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we turned to Ukraine. So basically
nothing happened. Okay, this is going

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to be like this is like two
weeks during the future Trump presidency. This

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is going to be like tea time
and nothing happened for Trump for president.

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It'll be like it'd be like vacation
time for Fundits right. The Fannie Willis

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traull is indefinitely delayed because the appellate
court in Georgia. Joan is that it

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the pellet Court in Georgia is actually
seriously looking into her malfeasance. Okay,

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that's I think that'sretty much. And
so we're back to the brag trial to

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keep Trump off. Yeah, So
two thoughts on the U Cresha's trial developments.

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One is, yes, Georgia of
Pellicourt did the right thing. Of

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course, if they're going to hear
a claim about the DA bringing the charges

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basically for corrupt purposes to benefit herself
and her boyfriend, then they couldn't let

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the trial proceed below they had to
stay it. This is the interesting thing

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about it that I think world arguments
are scheduled for October. That means there's

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just no way that that trial could
happen before the election. And you got

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to wonder whether that trial will ever
occur at all, now, whether Trump

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wins or loses the presidency. I
mean that was I do confess error,

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as we say in the bar,
when Kreshia first raised this idea many many

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moons ago about Fanny Wills's you know, romantic interludes causing the whole prosecution to

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go down, So I was so
dubious. So I confess Aria Lucretia was

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right on that one, the one
on the Brag trial. The thing.

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There has to be an investigation.
I would think that the judge has to

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at least put off the sentencing until
he can run down whether there actually was

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inappropriate contact with the jury. I
mean, right now, you don't know.

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I mean, yeah, any crazy
person can put something on the Internet.

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But I would think, given the
importance of the trial, what it

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means for the constitution, past president
and current leading candidate for the presidency being

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the defendant, you'd want to make
sure there's no doubt that the jury wasn't

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tampered with. So he would have
put off a little bit and have somebody

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run down whether this actually happened.
So that leads me to a question John

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that came up in the Twitter feed
that Steve sent us from a professor Jed.

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I'm going to get it right,
Steve Rubinfeld from yl Amy's husband,

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the Tiger Amy Chu that that it's
you're not a convicted felon because of a

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jury verdict. You're not convicted until
the judge enters a judgment of guilt against

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you, and this happens. My
understanding is on July eleventh, when he

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does a sentencing. Is this all
true? I'm assuming that's true. So

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far, yes, so far,
and so so there could be some kind

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of intervention. Rubenfeld seems to indicate
this would be an avenue for appeal based

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upon a whole lot of things we'll
talk about momentarily, but that what you

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said could actually delay the whole thing
too, if there's an investigation into it.

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Right, It depends how you do
it. So I only this morning

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looked at Jed Rubenfeld's argument. I
think that route he's proposing is very low

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probability but possible. I think there
fast there stronger ways to get to the

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Supreme Court if that's what you really
want to do. So what he's talking

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about is basically suing that Trump should
file a new lawsuit in federal court against

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the prosecution and Judge Merchon saying that
this whole thing was made up and was

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an effort to interfere with the election
a federal election. So you know,

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basically federal courts are very reluctant to
entertain what this would be called a collateral

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attack, you know, an attacked
by the federal court system on a state

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criminal proceeding before it's finished. But
you could see parallels like suppose, for

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example, I'm trying to give a
good example, like supposing the segregation South.

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You know that this was I'm sure
this happened. Unfortunately many times,

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like a city or county DA basically
trumped up criminal charges against somebody for being

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black, and do not go to
federal court and try to stop them from

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egregiously violating the civil rights of that
defendant. That is basically the same thing

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Rubenfeld is proposing, except he would
make it it's not that the individual right

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of Trump is being vindicated. It
is federal government's control vers election system.

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That's the part I've never really heard
of. That would be unprecedented. The

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easier thing, I would think is
going to federal court and saying there's lots

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of problems with the way the trial
was done, and there's an important federal

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interest because of who Trump is,
and not make it about the federal electoral

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system, but make it about Trump's
individual rights. The federal courts still don't

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and I'm sorry for gangs. So
technical. This is really like there's a

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there is a whole course in law
school about this about when federal courts are

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allowed to intervene into state courts and
their procedures. But still federal courts are

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going to say most judges with lower
court judges would say, we let the

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criminal proceeding finish, there is a
sentence, appeals are exhausted, then federal

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courts will review it. So I
thought of something I mentioned, uh from

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Hungary actually, which is the Supreme
Court has always allowed actions for habeas corpus

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directly to it and it's original what's
called original jurisdiction. This is really interesting.

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Most people don't know this. Any
American can go directly to the Supreme

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Court and say some state government is
holding me against the constitution. Supreme Court

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I think is like granted maybe one
or two of these, and it's what's

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the standards John for their decision to
grant uh access, what's the right word.

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It's not a grant. You can't
grant you you you make a petition

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for a habeas corpus and it's called
the original jurisdiction of the Supremi origin.

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You can go there directly. Well, the standard would be, is the

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defendants constitutional rights being violated? Is
it really something that demands immediate Supreme Court

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attention rather than letting it go through
the lower courts. Then you can make

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the claim, well, because there's
this election coming up, this is the

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leading candidate, this is right,
So put you make it harm Yeah,

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make the facts more extreme. Suppose
New York didn't have a trial. Suppose

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that they just grabbed Trump and threw
him in jail right and prevented them from

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campaigning, and then said we're going
to have this trial, trumped up trial.

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It's going to take months and he
won't be able to go anywhere.

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You know, you could see the
Supreme Court exercising original jurisdiction there. That's

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not what happened here, But it
just shows there's a there's a there's available

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opening if you if you make use
of that. Now the reason I know,

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can I tell the story, Steve
has full authority to cut this all

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out and put a McDonald's ad over
it. Hungarian McDonald's at But actually comes

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to the reason I know this that
comes from this personal personal involvement with this.

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So in nineteen ninety six, I
was working in the Senate General Council

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of the Senate Judiciary Committee, and
we put up a bill which became known

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as the I think it's it's called
ADEPA, but the formally sent like the

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Act for the Effective Death Penalty and
Anti Terrorism and the main point of the

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bill was to stop the abuse of
habeas corpus, you know, like state

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prisoners. Based on the outline I
just gave a state prisoner could file twenty

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different habea's positions once they're in jail. And this was being used by people,

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particularly California death people on death row
right to stop their executions, and

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so Congress put an end to it. And so this one guy challenged the

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whole bill and said, yeah,
you could do all that, but I

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can still go to the Supreme Court
directly. And so this was a big

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deal at the time. There was
a fast track case went right to the

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Supreme Court within within a few months, just like we're talking about here.

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I remember Senator Hatch wrote in Amika
sprief signed by himself, and I remember

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taking Senator Hatch personally to watch the
oral arguments and the justices box, which

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are very close to the bench,
and it was so funny. I remember

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Steve Brier, who had just been
confirmed a few years ago, waving from

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the bench at Senator Hatch, which
I thought was entirely inappropriate, but achieved

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the political purpose of sitting there on
the bench, sitting in those seats in

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the first But but the Supreme Court
then ruled no matter how much Congress changed

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Abe's corpus, you could still go
directly to the Supreme Court. And so

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Trump could do that here. I
haven't heard his attorneys talk about this,

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but they could definitely do it.
They might think it's a low probability that

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it would work. But one element
of Rubenfeldt's argument that had not occurred to

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me before is pointing out that,
look, Trump has a strong case to

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win this on appeal, but the
appeals are going to take us a long

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time, passed the election, and
then if the federal courts, after exhausting

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all the state process, says that
yes, it was all wrong. There's

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no remedy. He will have h
he will have lost the election because of

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this trumped up lawsuit. And that's
why it's a different circumstance than the ordinary

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process you describe. Right, I
thought that. I thought that was a

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very important point. The thing that's
interesting is right now under the way the

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law works. Again. I apologize
to listeners for this, and consider free

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legal advice. Free legal advice to
the many listeners who Lucretia riches who are

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behind federal bars right now, by
the way, before you finished, John,

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I have to tell you you've become
the most popular member of the three.

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Whiskey happens. That's no, I'm
serious. Strangers on the street walk

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up to me and say I never
thought that you could actually turned on you

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into a right thinking sort of individual. That still doesn't beat the guy from

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Finland who's thought me in the Frankfurt
Frankfort Report lounge just by the sound of

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my voice and saying, hey,
who's Lucretia. I remember that? That

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was weird. All my conservative friends
are like, you didn't No, No,

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I told it would happen. That
is safe, shocking, different,

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conscient. I can't remember what I
was saying. I'm sorry choking on your

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coffee there. Well, all right, the brag trial is going to be

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with us for weeks, and so
we can revisit the legal questions and the

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news items that come up as they
come up. But let's turn to what

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I intended to be topic number one, which is Ukraine, which we've been

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threatening to talk about for several weeks
but keep putting off because we run out

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of time. There's some real new
news, as they say about Ukraine in

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the last couple of weeks. First
of all, I don't know, John,

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while you were in Hungry if you
took in any of the TV ads

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for the parliamentary European Parliament elections happening
tomorrow, But a lot of them from

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Orban's party, the Fidees party,
were explicitly anti war, pro peace.

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And then last week I happened to
notice I had the nose was coming.

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But they turned out three hundred thousand
people for a campaign rally whose emphasis was

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let's stay out of a war with
Russia. And then but then there are

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these things happening, such as France
sending military advisors and your troop boots on

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the ground to Ukraine along with more
Mirage jet fighters. Let's see, you

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had to my mind. Really shocking
to me was featuring Zelensky in such a

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high profile way at the D Day
observances in Normandy at the end of the

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week, but not Netan Yahoo a
right. I mean, Biden's speech was

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all about how gee, World War
two, the Ukraine, it's just the

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same. But why wouldn't you extended
that same logic to the war against Hamas

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But apparently not. Oh and then
finally, you know, we approved Ukraine

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eight, but the news came out
that we're saying, okay, now you

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can't attack Russia inside Russia, but
we're picking the targets apparently shades of Vietnam,

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as I predicted more than a year
ago would happened. So anyway,

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this is what's going on, And
you know, it's hard to resist the

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view that I think Lucretia has argued
that we're slowly but surely drifting into a

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direct natal confrontation with Russia. And
I'll stop there because I have more to

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say. But so ill I think
you put the question to me. So

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I did see these campaign ads,
but unlike Steve, I am not fluent

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and Hungarian, So I had no
idea what they were saying or what There

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was more electioneering though maybe that's because
they're in California than you would see in

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a normal American election. And this
is for the European Parliament, which doesn't

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matter. I mean, they have
some loose powers, but nothing like what

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a state, you know, at
a nation state government has its disposal.

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But it's a sign of where you
know, we're sentiment lies. So one

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two things about home huh. So
I hate to do this to you,

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but there was the funniest comment on
Steve's mention. He said something like the

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European Parliament, whatever that is.
And there's this troll that comes on all

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the power line blogs and even on
our three Whiskey Happy Hour and I won't

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say his name because they don't want
to give him the credit, but he

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actually said, uh, you could
at least look it up on Wikipedia what

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the European Parliament is. Well,
haven't actually taken European Union law and written

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about the European Union. The part
of the European in Parliament is like a

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joke legislature. Okay, it's like
like the articles of Confederation Congress. It

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wishes I mean it's the real power
is held by the European Commission, which

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is a bureaucracy in Brussels that just
has a power to issue regulation. I

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mean, you know, be serious. Well, you know, listeners,

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when you put these comments that Lucretia
won't let me read out of my own

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mental sanity, put on some high
qualities like don't spread you know, don't

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spread euro trash intellectual lies on the
on our website. That's that's not a

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good use of your time or the
crecious time. But anyway, so well,

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two things that came I came away
with actually from being in Hungry that

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I don't think the sense when you
get there. First. I think in

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the American media there's this kind of
there's this message that some people put out

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there that Hungary is are pro Russian. You do not get that feeling when

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you're in Hungry. You're surrounded by
constant reminders that the Russians whotal Buddha pest

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when they at the end of World
War Two and then crushed the nineteen fifty

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six Revolution and kept their foot on
the necks of Hungarians for the rest of

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the Cold War. There is no
maybe I'm wrong about this What I think

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Hungarians have is a very strong sense
of their national identity and very strong sense

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of their nation state. But this
idea that they're pro Russian that you see

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constantly mentioned in the US media,
I think it's just I think it's just

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wrong. You will only get that
sense when you were there. The second

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point is, I think I just
think they're saying openly. I know I'm

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trying to put them in a good
life, but I think they're saying openly

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what I think sensible strategists back in
the US would think, which is,

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we now know, after we saw
the failure of the Ukrainian offensive last summer,

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that Ukraine is not going to be
able to get back to its original

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borders, that the change in technology
military technology has reasserted the balance of power

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towards the defense, and so sooner
or later we're going to have to reach

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an accommodation or reach a settlement with
Russia that's going to allow to keep some

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of that territory. But you can't
say that politically, and you can still

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chew up hundreds of thousands of Russian
lives and destroy hundreds of billions of dollars

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of the war material, which I
think is great. I'm happy we're doing

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it, but at some point we're
going to have to reach a settlement,

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and so our leaders should not be
out there claiming we're going to get Ukraine

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back to its original borders, because
that's actually setting up unrealistic expectations. And

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then the publics of all these NATO
countries and US are going to be disappointed

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when we have to reach that deal. Well, then they jumping right there

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with the point something you know,
I woud I've been to Hungary four times

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now and I've learned a lot about
the history, and it didn't occur to

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me until this last week that Hungary
is supremely and for good reason, unimpressed

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with the idea that we must restore
Ukraine to its previous borders. Why most

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Americans are not aware of the fact
that after World War One, Hungary got

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screwed the worst out of the Versailles
Settlement. They lost two thirds of their

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territory and almost half of their population. Large territories they had for centuries got

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swallowed up by Romania, Slovakia what
became Yugoslavia. So when they hear territorial

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integrity, they said, oh yeah, how about us, right, I

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don't think there's any real revanism going
on, although I don't know. You

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know, they're going to territories back. Oh well, I don't know.

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You want to rule a bunch of
Romanians. Come on, you know they

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don't want book arrest. Well,
the point is it, you know,

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you have a lot of ethnic Hungarians
who still live. By the way,

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part of Ukraine was snatched out,
carved out of Hungary one hundred and three

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years ago, and they remember this, This is very much on. They

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observed the Triana and Treaty as it
was called, every year, as you

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know, a day of you know, national humili and are angry about it.

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And I kind of get that,
and so they are not impressed with

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any claims of any other Western nations. Of gosh, you know, Ukraine's

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entitled to keep every inch of its
territory from the Russians. That's part of

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it. The other part is,
I think I said a year ago,

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was the Hungarians saying essentially, I'll
paraphrase it slightly, some foreign ministry people

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saying to me, gosh, you
know, after watching you guys bug out

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of Vietnam after you abandoned the Kurge
in nineteen ninety one, after this most

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recent bug out of Afghanistan, we
don't we don't have much confidence that America

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and its NATO allies will actually see
it through, and or if it escalates

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to nuclear war, we get the
fallout. We're still in the neighborhood.

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You guys leave, We're still here. It's our backyard, right. That

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seems to be a very compelling argument. Is there an argument for seeing it

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through? As in, is there
a way to see it through so that

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Zelensky could have all of his precious
territory back short of causing the World War

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three with Russia? There is not, because Ukraine is losing badly, badly

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in that war, despite the fact
that nothing is about that as being reported

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in the American press. You really
have to dig to know that. But

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if you dig, you find out
that, as a matter of fact,

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it's an abominable situation over there.
They're now taking people out of prison in

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Kiev to put them on the front
lines. I mean, if you dig

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in the situation, it's impossible.
So I wonder if we I mean,

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it's kind of what John was said
but saying, but from a different point

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of view, we are going to
have to have a negotiated settlement. Why

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continue to allow Zelensky, for his
own heady self aggrandizement to resist a negotiated

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settlement. Biden too, when we
all know that nothing we could do,

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nothing that the United States could do
or NATO could do, short of starting

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World War three, would ever restore
any of that territory to Ukraine. Why

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are we doing this? I think
even you, John have to say that

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we have probably in some ways degraded
the Russian military capability, but in others

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the Russians have figured out way better
than we have and can respond way better

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than we can to the changing battlefield
conditions that Ukrainian conflict has brought to the

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fore do you know what I mean
by that, John, I do?

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I mean, I do see the
point. I mean you could say the

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negative, the downside to my preferred
strategy here, which is continuing to wallop

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the Russians, that it is drawing
Russia closer to China and Iran and away

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from Western Europe. They are becoming
more self reliant and their ability to wage

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war. They are still able to
sell oil and get around our sanctions,

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so they're building themselves up into a
stronger military machine, but we also have

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sort of I think they've lost their
you know, first line, their best

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troops, their best armor. I
think this goes on for a little while

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longer. They're not going to be
a serious military threat to Western Europe if

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NATO spends amount of money they're supposed
to. And then one last positive I

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think that's come out. I think, but then this is very hard to

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measure. Is maybe it teaches the
Chinese at an invasion of Taiwan is not

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so easy anymore. And you see
how with what Steve was talking about,

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all this new technology that's come out, and this is the kind of interesting

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thing. This is like to me, it's like the variety of Arab Israeli

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conflicts we used to see in the
sixties and seventies that we saw, you

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know, a mat a tryout of
new technologies. It's almost like, you

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know, there are proxy wars just
like the Arab bus Israelis every time they

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were fighting war. We saw how
American weapons and strategies did against the Soviets,

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and now we're seeing how right American
style, Western European style warfare does

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against sort of Russia and China and
the way they wage wars. China's military

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has structured the same way Russias as
they fight the wars in the same ways.

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I would think if you're the Chinese, maybe you're saying, like,

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maybe this evasion across water not such
a good idea, given how easy it

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is with drones and missiles to defend
yourselves. Except here's the thing that concerns

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me watching sort of day by day, the different briefings that come across my

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desk. Our ability to be nimble
about the changing weaponry of warfare is practically

336
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nil. And that's because of you
know, we have a huge industrial complex

337
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backing up our military complex, as
you know, but none of that works

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quickly. And there's been this last
week. I don't know if you guys

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saw any of this. It's a
bit obscure, big old debate about whether

340
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we needed a whole new branch of
the army for drones. That's what Congress

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is pushing and of course the military
is pushing back because we cannot produce drones

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with the way our you know,
the whole complex system works for congressional authorization

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all the way to subcontractors out there
and I use a bad word out there

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in the Netherlands, the heatherlands,
whatever it's called. There's they can do

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it in Russia because they don't have
they don't have democracy in the same way,

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they don't have the same kind of
constrictions on the way they spend money.

347
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Same with China, and we're just
not keeping up with those things.

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And so much of what's happening with
the hoodies and so on has to do

349
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with this kind of drone warfare that
has changed the battlefield entirely. I'm tending

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to call I'm tend to call this
this proposal should be called drones pushing drones.

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That's my view of Congress. Right, Okay, sorry, But one

352
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last point about what the Lucretius said, which I think Steve will love this

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because this is a I'm name dropping
a history book now, but there's a

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great book about you know, if
you look at the US in the nineteen

355
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thirties, what a lot of the
criticism of Lucretia way levied against our military

356
00:28:27.039 --> 00:28:33.440
and our industrial compleat you could levy
against them woefully unprepared for war, you

357
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know, our weakness invited other countries
to take advantage of us. And there's

358
00:28:37.000 --> 00:28:41.839
a great book by this fellow I
like very much named Arthur Hermann, a

359
00:28:41.960 --> 00:28:45.519
wide variety of different books, like
you know one I doubt seriously how the

360
00:28:45.559 --> 00:28:52.279
Scottish made the modern world, stuff
like near Hayens to various ethnic groups like

361
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the Scots, like they need any
of that. But he wrote this great

362
00:28:56.799 --> 00:29:00.160
book about how when World War two
started. You know, there's this common

363
00:29:00.519 --> 00:29:04.759
trope, historic trope. Oh,
the federal government organized everything, got everything

364
00:29:04.799 --> 00:29:07.519
moving, And he said, no, Actually, the secret is that all

365
00:29:07.559 --> 00:29:14.079
these capitalists who FDR had waged Holy
War on during the New Deal all patriotically

366
00:29:14.079 --> 00:29:18.920
stepped up and used you know,
free market economics to build you know,

367
00:29:18.000 --> 00:29:21.839
I'm looking out at the bay right
now, build liberty ships won every three

368
00:29:21.920 --> 00:29:26.119
days or something. Incredible, right, But that's because they the federal government

369
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basically turned it over to private enterprise
to rebuild our industrial base, and they

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00:29:30.000 --> 00:29:33.880
figured out how to do it,
not the government. That's I think our

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00:29:33.920 --> 00:29:37.799
main problem is it's still too much
government led, too much government. But

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also those corporations are not the corporations
they were in the nineteen thirties. I

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mean, do you want vowing making
our our fighter jets this time? I

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want them to make the fighter jets
for China. Yeah, exactly. And

375
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the other thing is, do you
think that any that any corporation could make

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a liberty ship one in every three
days? No way, I mean,

377
00:30:00.480 --> 00:30:03.440
it's just like they could build Hoover, damn and how much time and it's

378
00:30:03.440 --> 00:30:07.039
gonna and how many years? As
Steve is going to soon tell us that

379
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what we need as environmental waivers to
get it all. Well, well,

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00:30:10.400 --> 00:30:14.000
though, look at me down unions. Well I can say a lot about

381
00:30:14.000 --> 00:30:17.839
this since my dad was both a
defense contractor and a NASA contractor back to

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years and correct. However, well, if that's true, how come you're

383
00:30:21.640 --> 00:30:23.960
not so much richer than you actually
are. You should have been a fact

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00:30:25.480 --> 00:30:30.200
you're one of those fact defense contractors. Well that was actually those were those

385
00:30:30.200 --> 00:30:33.880
were Oh gosh, those were really
tough businesses to be in back then for

386
00:30:33.880 --> 00:30:37.640
a whole bunch of reasons. But
see the thing about I mean, here's

387
00:30:37.640 --> 00:30:41.200
a general point you can make from
NASA. Remember that Kennedy says in nineteen

388
00:30:41.240 --> 00:30:42.799
sixty one, we've got want to
go to the Moon within nine years,

389
00:30:44.119 --> 00:30:47.440
when we had nothing, really,
I mean very little. And so what

390
00:30:47.559 --> 00:30:49.160
I've by the way, Charles Murray, who who He and Charles Murray and

391
00:30:49.240 --> 00:30:52.119
his wife, by the way,
wrote a terrific book about the Apollo program

392
00:30:52.279 --> 00:30:56.759
and interviewed all kinds of people.
It's one of the more interesting books that

393
00:30:56.799 --> 00:30:59.920
you wouldn't think of anyway. But
I've talked to him a lot about that.

394
00:31:00.200 --> 00:31:03.359
But something I know first time as
a kid, but I remember asking

395
00:31:03.400 --> 00:31:07.759
my dad a lot about it afterwards, is there wasn't time for NASA to

396
00:31:07.799 --> 00:31:11.039
become bureaucratized, and they did all
kinds of you know, my dad was

397
00:31:11.079 --> 00:31:15.920
constantly changed. You know, can
can you make this part? I will

398
00:31:15.000 --> 00:31:22.559
rack a little bit. My dad's
company designed and built the parachute release timer

399
00:31:22.640 --> 00:31:25.039
and relays for the Apollo capsule.
You know, if the parachutes have come

400
00:31:25.079 --> 00:31:29.799
out when they're coming back down the
ocean, and those are not the parts

401
00:31:29.799 --> 00:31:33.039
where they have to stop the whole
watch like days just to swap it out.

402
00:31:33.720 --> 00:31:36.519
No, no, you couldn't.
You couldn't get to it. But

403
00:31:37.119 --> 00:31:41.519
I mean he, he and his
engineers were up all night long for you

404
00:31:41.519 --> 00:31:44.640
know, twenty four to seven during
the whole Apollo thirteen business, because they

405
00:31:44.640 --> 00:31:47.960
wanted to rerun tests of you know, can this thing still work? At

406
00:31:47.960 --> 00:31:51.680
below? The specs for amperage and
things like that, and and the darn

407
00:31:51.720 --> 00:31:53.240
thing today would be the size of
you know, thumb drive, but back

408
00:31:53.279 --> 00:31:59.440
then it was the size of you
know, two cigarette boxes or you know

409
00:31:59.559 --> 00:32:01.920
packs, and with like forty wires
sticking out of it, because you know,

410
00:32:02.000 --> 00:32:05.960
it's a little low tech back then. But they adjusted stuff very quickly,

411
00:32:06.880 --> 00:32:08.839
tested things very quickly. And NASA, I won't say that, well,

412
00:32:08.839 --> 00:32:12.359
we know, we do know about
the three astronauts killed on the pad

413
00:32:12.400 --> 00:32:15.599
of course in Apollo one. But
they cut a lot of corners and did

414
00:32:15.599 --> 00:32:19.279
a lot of stuff that would never
be So today NASA can't get anything off

415
00:32:19.359 --> 00:32:22.440
the ground. It costs ten times
as much. It's bureaucratic, and that

416
00:32:22.519 --> 00:32:24.400
goes. That's just a metaphor for
the whole defense process that Luke Creas is

417
00:32:24.440 --> 00:32:27.960
talking about. I'll bet we could
be nimble if we had to be,

418
00:32:29.119 --> 00:32:31.519
but we don't have to be.
Then there's the problem. Well, I

419
00:32:31.640 --> 00:32:35.400
wonder, I wonder if we could
be as nimble as we had to be,

420
00:32:35.440 --> 00:32:37.720
if we had to be that way. I'm not quite as convinced as

421
00:32:37.720 --> 00:32:43.480
you are, Steve, because I
see they see the ugly sausage making process

422
00:32:43.599 --> 00:32:49.079
unfortunately, and it's bad. It's
very bad. I mean, it's hard

423
00:32:49.079 --> 00:32:52.400
to imagine that you could you could
do this in a worst possible way.

424
00:32:52.440 --> 00:32:54.119
Oh well, that you know,
back in the sixties is when you start

425
00:32:54.160 --> 00:32:57.240
to see a divide there. We're
in a hurry to get to the moon,

426
00:32:57.279 --> 00:33:00.759
where we're going to just go fast
and bureaucracy be damned. At the

427
00:33:00.759 --> 00:33:02.680
same time, my dad was and
his company, we're working on the F

428
00:33:02.720 --> 00:33:07.920
one to eleven fighter, which was
this great design of Robert McNamar and his

429
00:33:07.000 --> 00:33:09.799
whiz kids at the Pentagon, and
it was going to be a fighter that

430
00:33:09.920 --> 00:33:14.839
all three services could use. And
the problem was it did not work for

431
00:33:14.920 --> 00:33:16.839
carrier landing, so it was too
heavy. So okay, we'll make a

432
00:33:16.960 --> 00:33:20.720
version just for the name. And
then suddenlys why are you doing trying to

433
00:33:20.720 --> 00:33:22.880
make one fighter for all the services
and it's only gotten worse sense then,

434
00:33:22.920 --> 00:33:25.480
I mean, John, what is
the F thirty five cost per unit?

435
00:33:25.519 --> 00:33:30.920
It's just some astronomical figure. And
I went down in New Mexico last week.

436
00:33:31.759 --> 00:33:36.680
Well, yeah, anyway, and
so my dad, I think they're

437
00:33:36.720 --> 00:33:39.400
over thirty five million of pop.
But the whole program is yeah, you

438
00:33:39.400 --> 00:33:45.759
know, D five Yeah, nes
five thousand dollars. I'm gonna break protocol

439
00:33:45.759 --> 00:33:52.200
here and insert a Babylon B because
it'll be more appropriate. Here. Report

440
00:33:52.240 --> 00:33:57.599
reveals, and it's a picture of
Howdy Duty. What's his name, Pete

441
00:33:57.599 --> 00:34:04.640
Boudhage Edge report reveals seven point five
billion in government EV charger spending has purchased

442
00:34:04.880 --> 00:34:12.239
one four pack of energizer double as. That's almost correct. Sorry, all

443
00:34:12.320 --> 00:34:15.280
right, I think I think enough
of that because we do want to get

444
00:34:15.320 --> 00:34:19.639
to one more big topic for the
day. And uh, and we're going

445
00:34:19.679 --> 00:34:22.920
to run long, I mean,
any last thoughts on the Userkraine business.

446
00:34:22.079 --> 00:34:27.880
This does not look very promising to
me. Well, I think the AD

447
00:34:28.199 --> 00:34:30.719
I think the eight package is important
because you do have this one thing I

448
00:34:30.719 --> 00:34:36.239
think we do need to fix,
and it's a problem created by Biden completely,

449
00:34:36.280 --> 00:34:39.280
which is and you mentioned it,
Steve and the Christia both is we

450
00:34:39.320 --> 00:34:43.880
are getting a reputation for cutting and
running on our allies. And once you

451
00:34:43.920 --> 00:34:46.119
make a commitment, we got to
follow through, I think because we're I

452
00:34:46.119 --> 00:34:50.719
think right now, if we were
to cut off Ukraine, really no one's

453
00:34:50.760 --> 00:34:53.639
going to trust us to stick around
anymore. Right, So yeah, so

454
00:34:53.679 --> 00:34:58.480
I think that I think we Look, I don't think it's a bad use

455
00:34:58.519 --> 00:35:01.320
of money if we're going to send
the Ukraine like one hundred billion dollars a

456
00:35:01.400 --> 00:35:07.440
year or have very much a packages
to continue destroying the Russian military until they

457
00:35:07.480 --> 00:35:10.800
come to their senses that both sides
have to and reach a settlement. I'll

458
00:35:10.800 --> 00:35:14.679
add that one of the things that
a lot of the Hungarians I've talked to

459
00:35:14.880 --> 00:35:19.280
the last couple of weeks we're interested
in is what would president what will President

460
00:35:19.280 --> 00:35:22.320
Trump do if he's elected in November, And they're all much more confident that

461
00:35:22.400 --> 00:35:27.480
he will do something sensible, uh
than they are that Biden will ever figure

462
00:35:27.679 --> 00:35:32.000
anything out. So let me ask
you, guys, because your world travelers,

463
00:35:32.039 --> 00:35:40.840
and I mean this, I know
is there. I know you're talking

464
00:35:40.880 --> 00:35:45.880
to both of you are talking to
we move smart people. I'll just call

465
00:35:45.920 --> 00:35:53.360
it that. But is there a
sense that America it has a a foreign

466
00:35:53.400 --> 00:35:59.960
policy, the leader of the free
world, that that it's sort of unilaterally

467
00:36:00.079 --> 00:36:04.960
the same regardless of who is president
or is there really the belief because I

468
00:36:05.000 --> 00:36:10.199
think that that's the other big story
of the week is Biden's Biden's personal feebleness

469
00:36:12.000 --> 00:36:17.000
is being called the reflection of the
nation's feebleness, which we see in his

470
00:36:17.119 --> 00:36:22.920
foreign policy. Of course, does
the view of America change internationally if there

471
00:36:23.000 --> 00:36:28.519
is somebody who's actually not a senile, corrupt, old pedophile in office,

472
00:36:28.559 --> 00:36:31.519
you can't find his way out the
door or figure out if there's a chair.

473
00:36:32.119 --> 00:36:37.760
If we had somebody, you know, robust, anybody assuming Trump,

474
00:36:37.840 --> 00:36:42.599
of course, does the view Does
that view really change? What you just

475
00:36:42.639 --> 00:36:47.360
said, Steve, that will or
maybe strong will our allies or just you

476
00:36:47.360 --> 00:36:52.320
know, people around the world recognize
that this is not a president that would

477
00:36:52.360 --> 00:36:55.679
have done what we did in Afghanistan, that would have cut and run on

478
00:36:57.039 --> 00:37:00.599
the Israelis or hampered them, and
that would have gotten us in Ukraine unless

479
00:37:00.679 --> 00:37:06.320
we had an ability to win there
is that? Is that even possible or

480
00:37:06.400 --> 00:37:09.400
is it? I mean, I
don't know from Adam If you know this,

481
00:37:09.519 --> 00:37:16.119
I do a little bit. The
new the new Chicken Mexico, we

482
00:37:16.199 --> 00:37:22.519
expect things to change because there's a
new Chicken in charge of Mexico. I

483
00:37:22.519 --> 00:37:24.360
don't know, but I mean,
I'm asked, I is my question making

484
00:37:24.400 --> 00:37:28.960
any sense? Yeah? My short
answer is yeah, I can make a

485
00:37:29.039 --> 00:37:31.199
huge difference, and I can go
through the history of it. But that

486
00:37:31.199 --> 00:37:37.280
would take too long. Let me
just say that if Trump is is elected

487
00:37:37.320 --> 00:37:40.400
in November, he will be well
advised to follow the strategy of Richard Nixon

488
00:37:40.679 --> 00:37:44.559
when he took off as in nineteen
sixty nine, which was two things,

489
00:37:44.639 --> 00:37:50.159
one both with mixed success. One
was adopted crazy man's strategy. He hoped

490
00:37:50.159 --> 00:37:52.159
to terrify North Vietnam. It didn't
work. But with Trump, I think

491
00:37:52.159 --> 00:37:55.880
it can work. He's he's a
better positioned to play the crazy man and

492
00:37:55.960 --> 00:38:01.960
assassinates more Iranians and then ignore the
State Department and work around them, install

493
00:38:02.000 --> 00:38:07.199
your loyalists and the National Security Camp
Council, and you might just well turn

494
00:38:07.239 --> 00:38:09.119
off the telephones at the State Department. That's something Trump water to do.

495
00:38:09.440 --> 00:38:15.800
So on one comment response to the
Creature's question is I do think there does

496
00:38:15.000 --> 00:38:21.320
tend to be abroad this belief that
an American president can really make a big

497
00:38:21.360 --> 00:38:24.000
difference in terms of what the American
government can do, maybe more so than

498
00:38:24.000 --> 00:38:30.360
what we think is possible. But
what I'm not maybe this is not surprising,

499
00:38:30.400 --> 00:38:37.079
but I was really impressed by how
sophisticated the knowledge of people and Hungary

500
00:38:37.159 --> 00:38:42.360
is about our politics. Like they
are follow they were following the Trump trial

501
00:38:42.480 --> 00:38:46.119
day by day, just like anybody
back home. They have their very own

502
00:38:47.400 --> 00:38:51.480
you know, sources and knowledge because
of the Internet and their own views about

503
00:38:51.519 --> 00:38:55.199
Biden versus Trump, and it's really
I mean to them. And there were

504
00:38:55.199 --> 00:39:00.800
some very interesting Israelis there at this
conference, the Steven and the Israelis also

505
00:39:00.840 --> 00:39:05.360
We're saying things like this might be
the presidential election in the United States is

506
00:39:05.360 --> 00:39:08.000
the most important political event in Israel
this year or in Hungary this year,

507
00:39:08.000 --> 00:39:13.039
because they'll have such a big effect
on the fate of their countries. Yeah,

508
00:39:13.119 --> 00:39:16.039
yeah, all right. Let's move
on to a last topic for today,

509
00:39:16.199 --> 00:39:21.119
and concerns the fact, John,
that you are now writing openly about

510
00:39:21.119 --> 00:39:29.360
a certain statute that we cannot discuss
here happy hour. All right, we

511
00:39:30.440 --> 00:39:32.039
won't actually do that, but we'll
do with this sort of broader scene,

512
00:39:32.280 --> 00:39:37.559
which is climate litigation. And I'll
just mention and then toss to you John

513
00:39:37.639 --> 00:39:40.400
that, uh. One of the
topics I took up at the same rule

514
00:39:40.400 --> 00:39:44.920
of law conference in Europe that we
were at was how the European Court of

515
00:39:44.960 --> 00:39:49.719
Human Rights just declared about six weeks
ago that a stable climate is a fundamental

516
00:39:49.800 --> 00:39:53.480
human right and sanctioned or censured,
I guess is a better term the government

517
00:39:53.519 --> 00:39:58.920
of Switzerland for not living up to
the stupid Paris Climate Accord. Meanwhile,

518
00:39:59.119 --> 00:40:02.800
our federal court, it's finally dismissed
a parallel lawsuit here that have been grinding

519
00:40:02.840 --> 00:40:08.840
along for ninety years by some children's
crusade to declare a stable climate a fundamental

520
00:40:08.960 --> 00:40:14.679
constitutional right under our due process clause. And it finally took the non circuit

521
00:40:14.719 --> 00:40:19.599
of all circuits to tell the district
court enough of this nonsense, however,

522
00:40:20.440 --> 00:40:22.360
and then it must be one reset
about all that. However, below the

523
00:40:22.400 --> 00:40:25.679
surface, and this is what you
wrote about, we have these state lawsuits

524
00:40:27.000 --> 00:40:30.159
narrower in scope, but against the
fossil fuel companies, you know, Exxon

525
00:40:30.199 --> 00:40:32.960
and so forth, demanding damages.
It looks like a shakedown to me.

526
00:40:34.239 --> 00:40:37.239
But these look like they're going to
play out a bit bit longer. And

527
00:40:37.280 --> 00:40:43.239
so that's where you come in,
John. Right now, it's interesting because

528
00:40:43.719 --> 00:40:47.159
the Supreme Court has rarely decided in
any cases that have to do with global

529
00:40:47.159 --> 00:40:52.760
warming, and there's now a bunch
of cases, dozens and dozens all around

530
00:40:52.800 --> 00:40:58.960
the country, brought by cities and
counties blue ones of course, claiming that

531
00:40:59.039 --> 00:41:02.719
the fossil fuel companies are like tobacco
companies, and that they've been selling this

532
00:41:02.880 --> 00:41:09.639
harmful product, namely petroleum and natural
gas, and not informing consumers about its

533
00:41:09.679 --> 00:41:16.679
dangers and suing for billions of dollars. Now this is interesting because this case,

534
00:41:16.920 --> 00:41:22.599
these cases, it's a case out
of Honolulu, has no Supreme Court.

535
00:41:22.800 --> 00:41:25.960
And so I wrote a piece saying, and you know, maybe people

536
00:41:27.039 --> 00:41:30.760
won't be captured by this idea the
way it seemed apparent to me, but

537
00:41:30.840 --> 00:41:36.400
it actually linked to me with the
Trump trial in this sense that you know,

538
00:41:36.519 --> 00:41:40.119
conservatives, one of the major I
think accomplishments of the conservative movement in

539
00:41:40.119 --> 00:41:45.320
the last few decades has been a
reinvigoration of federalism. Have been a restoration

540
00:41:45.480 --> 00:41:49.519
of the proper rule, and not
a restoration, because I don't think it's

541
00:41:49.519 --> 00:41:52.400
been restored, but moving towards the
right balance between the federal and state governments.

542
00:41:52.880 --> 00:41:59.440
But in both the Trump trial and
these global warming cases, you have

543
00:41:59.599 --> 00:42:04.880
progressed using federalism, but in ways
that I think are not true to the

544
00:42:04.920 --> 00:42:08.639
princ principles of federalism, because what
they're really trying to do in both cases

545
00:42:08.840 --> 00:42:14.880
is change our national politics. So
the Trump case is not really about maintaining

546
00:42:14.920 --> 00:42:17.199
law and order in a state.
It's about changing the outcome of the November

547
00:42:17.199 --> 00:42:23.800
elections and these global warming cases.
It's amazing Honolulu says, Oh, anyone

548
00:42:23.840 --> 00:42:30.400
who's been selling or using petroleum to
the public has been guilty of fraud because

549
00:42:30.440 --> 00:42:36.519
they didn't tell people that using oil
and gas might lead to climate change.

550
00:42:36.559 --> 00:42:40.239
That will cost Honolulu billions of dollars. So that to me is really just

551
00:42:40.320 --> 00:42:46.920
trying to force this oppressive regulatory system
onto our energy policy, which I think

552
00:42:47.000 --> 00:42:52.719
is also really up to the national
government. So the Supreme Court this week

553
00:42:53.440 --> 00:42:58.920
is going to decide whether to take
that case, and really that could be

554
00:42:58.960 --> 00:43:01.480
the biggest global war in case of
the Supreme Court. Well here to date,

555
00:43:02.159 --> 00:43:06.199
I think you love I should shouldn't
say this, it's your argument.

556
00:43:06.239 --> 00:43:10.639
But in your in your article,
you also discuss the fact that a they're

557
00:43:10.679 --> 00:43:16.960
going after these major energy corporations because
of course you don't say it like this,

558
00:43:17.039 --> 00:43:22.800
but you know they have deep pockets
and they are not going after others

559
00:43:22.880 --> 00:43:29.320
who use petroleum pocket products that are
just as guilty. If the if there's

560
00:43:29.480 --> 00:43:36.760
any truth to the whole ridiculous lie
about petroleum products are ruining the causing global

561
00:43:36.760 --> 00:43:38.239
warming, et cetera, et cetera. We all know that that's a scam.

562
00:43:38.280 --> 00:43:42.840
But if they did that, they
would have in order to be consistent,

563
00:43:42.960 --> 00:43:45.639
they would have to go after everyone, and not just those with big

564
00:43:45.679 --> 00:43:49.920
pockets. They would have to go
part of the argument, yes, because

565
00:43:49.920 --> 00:43:54.519
it shows that what they're really up
to is punishing interstate oil company. We're

566
00:43:54.559 --> 00:44:00.000
looking for money, Yeah, and
looking for money exactly right, because otherwise

567
00:44:00.159 --> 00:44:04.840
why not sue if you're Honolulu,
who's causing more pollution? Right? Is

568
00:44:04.880 --> 00:44:10.320
it the oil companies? Why don't
you require disclosure by the guys drive around

569
00:44:10.360 --> 00:44:15.719
those tourist buses that pollute all over
Honolulu? Right? I think surfboards are

570
00:44:15.760 --> 00:44:20.199
probably made from petroleum products, you
know. Yeah, certainly everything made by

571
00:44:20.239 --> 00:44:23.079
north Faces by the way, Oh
yeah, that was right, my pow

572
00:44:23.159 --> 00:44:27.079
Chris Wright, who blew the whistle
on them. Can I mention the footnote,

573
00:44:27.159 --> 00:44:29.719
John, that you may have heard
about from one of the earlier suits

574
00:44:29.719 --> 00:44:32.039
which may still be pending. I
don't know. I think Oakland had one

575
00:44:32.039 --> 00:44:37.559
of these suits three four years ago. Yes, and the excellent people did

576
00:44:37.559 --> 00:44:40.599
something clever. They went and looked
up all the municipal bond offerings from Oakland,

577
00:44:40.639 --> 00:44:44.360
because you know, they sell thirty
year municipal bonds and you know you're

578
00:44:44.360 --> 00:44:47.880
supposed to disclose certain kinds of risks. There were no disclosures on climate risks,

579
00:44:47.880 --> 00:44:50.639
and in fact, I think the
opposite. They said, we don't

580
00:44:50.639 --> 00:44:53.920
anticipate any future climate change risks to
the City of Oakland, and so they

581
00:44:53.920 --> 00:44:58.639
pointed out that look, if you're
you're guilty of the exact thing, exact

582
00:44:58.639 --> 00:45:01.320
thing you're accusing us of, which
I thought was a very embarrassing moment for

583
00:45:01.320 --> 00:45:05.599
all these plaintiffs, and maybe the
same will be proved why, I don't

584
00:45:05.599 --> 00:45:08.519
know, so I would I'm saying, go ahead, John, I mean,

585
00:45:08.599 --> 00:45:13.760
the main point, if this is
the part I thought was interesting,

586
00:45:13.880 --> 00:45:17.639
is that how progressives are trying to
use federalism against uh, you know,

587
00:45:17.719 --> 00:45:22.280
to achieve their aims that they don't
really have, I think, a principal

588
00:45:22.480 --> 00:45:25.320
view on what the federal or state
governments are responsible for. If they can't

589
00:45:25.360 --> 00:45:29.800
win, you know, they want
even more regulation at the federal level that

590
00:45:29.840 --> 00:45:31.920
they're not getting right. They would
like a carbon tax or something like that.

591
00:45:32.239 --> 00:45:35.920
And this is essentially what this is
right because if they were to win.

592
00:45:36.639 --> 00:45:39.719
It would just you know, the
oil companies would just end up putting

593
00:45:39.719 --> 00:45:44.559
a you know, a tax basically
on all their products to pay for all

594
00:45:44.599 --> 00:45:47.199
these damages, which just means energy
costs would go up for the average consumer,

595
00:45:47.599 --> 00:45:52.079
Right, I mean I always want
right, Well, yes, I

596
00:45:52.079 --> 00:45:54.719
mean I was always cynical about the
tobacco litigation, which of course was never

597
00:45:54.960 --> 00:45:59.400
finally hurt in court. It was
a big settlement, and the big settlement

598
00:45:59.440 --> 00:46:02.519
made the state it's dependent on people
continuing to smoke because all the tax revenue

599
00:46:02.559 --> 00:46:06.760
is going to so called health programs. I've joked for a long time that

600
00:46:06.760 --> 00:46:10.480
we're going to come to the point
in America where one billionaire smoker is going

601
00:46:10.519 --> 00:46:15.440
to be paying for healthcare programs in
all fifty states, right, and the

602
00:46:15.519 --> 00:46:19.559
tax on each pack will be fifty
million dollars or something like that. One

603
00:46:19.599 --> 00:46:22.320
little factoy that a lot of people
don't know is that if you add up

604
00:46:22.480 --> 00:46:27.119
all the major multinational oil companies,
and they don't include the French ones like

605
00:46:27.119 --> 00:46:30.679
Total and British Petroleum, Royal,
Dutch Shell plus Exon, Chevron, et

606
00:46:30.719 --> 00:46:37.239
cetera, I think they actually control
and produce something like only five percent of

607
00:46:37.239 --> 00:46:40.119
the world's oil maybe ten percent.
Everything else is owned by state owned oil

608
00:46:40.159 --> 00:46:44.800
companies. That's Angola, that of
course is Saudi Arabia. I mean a

609
00:46:44.880 --> 00:46:47.480
Ramco is now publicly traded. But
the point is is that when are they

610
00:46:47.480 --> 00:46:52.679
going to file suits in the World
Court against those sovereign oil companies In Norway?

611
00:46:52.840 --> 00:46:57.000
Right? You know, the Norwegian
government produces all this oil and natural

612
00:46:57.039 --> 00:47:00.079
gas. It seems to me this
is pretty obvious what's going on here.

613
00:47:01.400 --> 00:47:06.119
So my ambush of John on this
one it goes back to what he was

614
00:47:06.119 --> 00:47:10.079
saying about that was coming John.
Yeah, the Conservatives have used or have

615
00:47:10.400 --> 00:47:16.159
had successes in returning some of the
powers of the states that properly belonged to

616
00:47:16.199 --> 00:47:21.519
the states away from the you know, the New Deal period where the court

617
00:47:21.519 --> 00:47:23.920
allowed the federal government basically to take
over everything, all the way down to

618
00:47:23.960 --> 00:47:30.000
whether a farmer could grow his own
crops to feed his own his own animals,

619
00:47:30.519 --> 00:47:35.239
his own livestock. My question to
you, John about this is actually

620
00:47:35.280 --> 00:47:39.119
I'm really not ambushing you. It's
a serious question. You make some distinctions

621
00:47:39.199 --> 00:47:45.840
about why it is in this Honolulu
case that the law, the lawsuits against

622
00:47:46.639 --> 00:47:52.760
the oil producers don't make sense because
of all of those other secondary and tertiary

623
00:47:53.480 --> 00:47:57.559
kinds of things, like you know, other people are using energy too,

624
00:47:57.760 --> 00:48:01.599
and there's no proof of that.
Over to the discussion we've had many many

625
00:48:01.679 --> 00:48:07.559
times, and that's whether or not
states can in fact have any role in

626
00:48:07.679 --> 00:48:14.679
regulating immigration illegal immigration. That wasn't
ambush, not really, I'm really not,

627
00:48:14.719 --> 00:48:20.880
because you know, I feel ambushed
every minute I'm on this podcast.

628
00:48:20.920 --> 00:48:27.639
But you know, you make the
argument that that fraud, that you know,

629
00:48:27.679 --> 00:48:30.480
the whole legal realm of fraud was
always always belonged to the States up

630
00:48:30.519 --> 00:48:34.760
until the New Deal, And then
you make a good argument for why it

631
00:48:34.880 --> 00:48:37.960
is that that energy policy should,
in fact, regardless of whether you agree

632
00:48:38.000 --> 00:48:44.159
with New Deal expansion of federal government
powers, energy policy should in fact be

633
00:48:45.039 --> 00:48:52.880
a federal government arena. Because people
can read the article, I hope Steve

634
00:48:52.920 --> 00:48:58.559
will link to it. But all
of the arguments that you make up in

635
00:48:58.639 --> 00:49:01.519
that piece make makes sense to me, but they don't all pertain in the

636
00:49:01.559 --> 00:49:07.719
same way to the immigration argument.
And that is because there is actually definable

637
00:49:07.840 --> 00:49:15.599
harm that is done inside states to
the safety and welfare of citizens by the

638
00:49:15.639 --> 00:49:19.880
federal government's policy of illegal immigration.
Do you see a distinction. Let me

639
00:49:19.960 --> 00:49:28.000
just put it that way. Between
your I think quite correct. The announcement

640
00:49:28.119 --> 00:49:32.719
of using federalism in the Honolulu case
or even in the brag case, and

641
00:49:34.920 --> 00:49:39.119
what's been a really big topic lately
because of the Court's decision in Texas,

642
00:49:39.159 --> 00:49:44.320
that Texas does have some ability to
control what happens inside of its state,

643
00:49:44.480 --> 00:49:50.480
inside of the states with respect to
illegal immigration. First, I think that

644
00:49:51.719 --> 00:49:57.280
if an alien illegal or not commits
a crime in Texas, a crime against

645
00:49:57.280 --> 00:50:01.559
state law, Texas is certainly allowed
to enforce murder, you know, violent

646
00:50:01.639 --> 00:50:06.599
crime, that all the usual state
crimes under the police power can be a

647
00:50:06.679 --> 00:50:12.920
forced against aliens. I think the
difference a second, the bigger difference I

648
00:50:12.920 --> 00:50:16.239
don't think they're actually that different,
actually, is that with immigration, you

649
00:50:16.280 --> 00:50:21.760
know, I think that the Supreme
Court has said the hour to decide who

650
00:50:21.760 --> 00:50:25.559
comes in or not is up to
the federal government alone. How you treat

651
00:50:25.559 --> 00:50:35.119
them once they're in can't be different
based on their alien status to the decision

652
00:50:35.159 --> 00:50:38.719
about who is illegal already that I
mean, that's you cross without going through

653
00:50:38.719 --> 00:50:44.039
the proper channels, you're illegal.
So yeah, but the but the courts

654
00:50:44.039 --> 00:50:49.360
have said, but you can't treat
them differently based on their status under federal

655
00:50:49.440 --> 00:50:52.880
law about whether they're in the country
legally or not. To me, that's

656
00:50:52.079 --> 00:50:55.119
in a way the same as in
my argument I'm saying, yes, states

657
00:50:55.159 --> 00:51:00.159
have the right to enforce consumer fraud
laws. That's part of the police power

658
00:51:00.159 --> 00:51:04.760
too, just like the criminal laws. But they can't use that power to

659
00:51:04.800 --> 00:51:09.039
interfere with federal policy over pollution.
And I'm going to say the word the

660
00:51:09.079 --> 00:51:15.760
Clean Air Act, Oh my god, interstate air pollution is something that seems

661
00:51:15.800 --> 00:51:20.239
obviously federal right that you, particularly
in the sp re Cord actually has offhandedly

662
00:51:20.280 --> 00:51:24.320
said in the comment that obviously if
there's anything that was federal, it should

663
00:51:24.320 --> 00:51:29.800
be climate change, because you can't
say, oh, pollution from one state

664
00:51:29.960 --> 00:51:32.119
just across the border, and to
noticate the whole theory of global warming is

665
00:51:32.159 --> 00:51:37.320
you have these emissions and the temperature
of the whole world changes. So to

666
00:51:37.360 --> 00:51:42.599
me, actually they're they're they're similar. I actually think that I actually think

667
00:51:42.599 --> 00:51:46.039
that the right balance is not that
different in both cases, although they're totally

668
00:51:46.039 --> 00:51:51.800
different and totally different contexts. You
just lost all of the games you made,

669
00:51:51.840 --> 00:51:54.639
John. You know, the thing
is, you know, as a

670
00:51:54.840 --> 00:51:58.119
you know, the Marines say,
when you're ambush, you just keep going

671
00:51:58.119 --> 00:52:05.599
straight. All right, Let's let's
draw to a close with this episode.

672
00:52:05.920 --> 00:52:07.280
Although let me let me just stick
in a very quick story, since you

673
00:52:07.280 --> 00:52:10.880
had a good one, John,
I opened with a reference to James Stockdale.

674
00:52:12.119 --> 00:52:15.119
I'll end my part of the day
with a quick story about him.

675
00:52:15.719 --> 00:52:17.000
I got to have a drink with
him once. So it was twenty five

676
00:52:17.039 --> 00:52:21.400
years ago before he died, but
after running with Paro in ninety two,

677
00:52:21.599 --> 00:52:22.599
and he's always been a hero of
mine. I mean, you read his

678
00:52:23.159 --> 00:52:27.880
articles and memoirs about being a prisoner
at Vietnam. They're very moving and very

679
00:52:27.880 --> 00:52:30.440
intelligent. And anyway, and I
sort of asked him this, oh you

680
00:52:30.440 --> 00:52:34.800
know how that all come about?
And you know, I carefully asked about

681
00:52:34.800 --> 00:52:37.320
the debate, and he said,
oh, it was really funny. It

682
00:52:37.400 --> 00:52:42.039
was a ramshackle campaign. And Ross
called me up one day and or maybe

683
00:52:42.079 --> 00:52:44.320
I called him and said, well, it looks like I've dodged the bolt.

684
00:52:44.320 --> 00:52:46.679
I don't have to do that debate
with Gore and dan Quayle. And

685
00:52:46.760 --> 00:52:51.000
Paro says to him, Oh,
I'm sorry, Jim, we signed you

686
00:52:51.039 --> 00:52:54.440
up for that. Forgot to tell
you. That's why he had no preparation

687
00:52:54.599 --> 00:53:01.880
and it was pretty Okay, that
was funny, wonderful. Yeah, okay,

688
00:53:02.400 --> 00:53:07.159
you got some man, I'm gonna
have to try to pick a few

689
00:53:07.159 --> 00:53:10.159
because otherwise we'll be going all day. But at this point, Nation just

690
00:53:10.280 --> 00:53:17.760
happy pageant winner is an actual woman. Okay. So then a little bit

691
00:53:17.800 --> 00:53:25.920
about, uh, the debacle at
Normandy. Biden admin hires NASCAR pit crew

692
00:53:27.000 --> 00:53:34.199
to rapidly change Biden's diaper without anyone
noticing. A little bit about and Biden

693
00:53:34.239 --> 00:53:40.400
drops first bomb on Normandy in eighty
years. As project back to the Hunter

694
00:53:40.400 --> 00:53:45.039
Biden trial. By the way,
is it just me or is the Biden

695
00:53:45.599 --> 00:53:51.599
crime family engaging in just the worst
kind of jury intimidation possible? I don't

696
00:53:51.599 --> 00:53:55.639
know. I mean, you know, I've seen on at least on Twitter,

697
00:53:58.039 --> 00:54:00.480
people say, you know, when
when I was on trial, I

698
00:54:00.519 --> 00:54:02.960
wasn't allowed to have people close to
me sitting there in the front row.

699
00:54:04.000 --> 00:54:07.239
Blah blah blah. I doubt that's
true. But I mean, why is

700
00:54:07.320 --> 00:54:12.199
Joe Biden there? They ought to
be completely out of that entire thing.

701
00:54:12.400 --> 00:54:15.760
But anyway, so as prosecution rests, Hunter Biden asks if this is a

702
00:54:15.760 --> 00:54:20.960
good time to go out back behind
the dumpsters for a minute or two for

703
00:54:21.199 --> 00:54:30.119
no particular reason. Back to Biden's
senility aids claim, Biden nailed a three

704
00:54:30.159 --> 00:54:36.079
hundred and sixty kickflip mctwist on the
White House halfpipe, but oh darn,

705
00:54:36.159 --> 00:54:40.800
the reporters just missed it, and
his ability to do his job is not

706
00:54:40.960 --> 00:54:49.679
in any way affected by his rigamortis. Get back to the trial for a

707
00:54:49.719 --> 00:54:52.920
second, the other trial. In
response to Trump conviction, Republicans threatened to

708
00:54:52.920 --> 00:55:00.400
fire off strongliest worded letter of all
time. Right after seeing how much money

709
00:55:00.440 --> 00:55:02.679
Trump raised, You guys know what
it is up to now. I want

710
00:55:02.719 --> 00:55:06.360
to say, I've heard three hundred
and fifty one million. Yeah, it

711
00:55:06.400 --> 00:55:08.400
could be, it's huge, anything
like that. After seeing how much money

712
00:55:08.480 --> 00:55:13.400
Trump raised, Biden called up Da
Bragg to ask if he can get charged

713
00:55:13.440 --> 00:55:20.199
with a felony or two. We
never even discussed it because I don't remember

714
00:55:20.239 --> 00:55:23.920
if it happened a lot before.
But the whole stupid Alito controversy, you

715
00:55:23.960 --> 00:55:29.039
know, oh yeah, gets to
that point. Yeah. Democrats released demming

716
00:55:29.079 --> 00:55:35.519
photo of Justice Alito reading the Constitution, to which they then respond AOC demands

717
00:55:35.599 --> 00:55:42.559
to know where Alito bought an upside
down US flag. And then finally,

718
00:55:42.599 --> 00:55:45.800
because I got lots more, but
I'm going to leave it here. Iranian

719
00:55:45.880 --> 00:55:51.679
leader thanks college students for their support
and says if any of them are interested,

720
00:55:51.719 --> 00:55:57.920
he has a few white wife slots
open in his hair. Jo Oh,

721
00:55:58.840 --> 00:56:04.159
Steve, forgive me for this one
more, because you know they Peter

722
00:56:04.280 --> 00:56:10.599
Navarro, Steve Bannon in jail or
in jail, This isn't all they actually

723
00:56:10.599 --> 00:56:15.559
from a couple of years ago.
When or to twenty twenty two, Yeah,

724
00:56:15.559 --> 00:56:20.199
a couple of years ago. Bannon
prosecutors warn that three hundred and thirty

725
00:56:20.360 --> 00:56:25.840
million additional Americans with contempt for Congress
are still roaming free. What's up right?

726
00:56:27.599 --> 00:56:29.559
Well, hey you guys, it's
great to be back together again in

727
00:56:29.559 --> 00:56:31.519
the old fashioned way, the same
time zone. And therefore, John,

728
00:56:31.559 --> 00:56:36.639
it's now up to you to launch
us out. Always drink your whiskey,

729
00:56:36.719 --> 00:56:40.119
meat, let's go, Brandon and
Steve, God save the Queen Man and

730
00:56:40.639 --> 00:57:30.440
some other things too. Bye bye, everybody, Ricochet join the conversation,

