WEBVTT

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Well, whiskey coming fame, my
pain, does my brain? Oh whiskey,

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don't let me go? From Powerline
blog dot com and produced by Ricochet

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dot com. This is the three
Whiskey Happy Hour with your bartenders Steve Hayward,

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John You and Powerlines International Woman of
Mystery Lucresha's gotta give me and let

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that whiskey blow where you're been in
lowest down and low Well, Hello everybody,

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and welcome to the three Whiskey Happy
Hour. Is I Lucresha, the

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International Woman of Mystery, happy to
host this episode with my favorite co host

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and only co host, uh,
Steve Hayward and John You. Good morning,

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gentlemen, Good morning, how are
you? And by the way,

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I learned some trivia this week.
James Garfield's wife, the president who was

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shot by the disappointed job seeker,
remember him? Guess what his wife's name

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was, Lucretia? It was It
wasn't no way. Remember I told you

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guys that I had to give a
speech on Women's Equality Day on the nineteenth

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Amendment, which you know the irony
of that that Tim I am the one

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calling for the repeal of the nineteenth
Amendment, which, by the way,

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I saw this mooning of coal about
transgender and whether people think that we should

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allow children under the age of eighteen
to get trans sex surgery whatever they call

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it, without their parent consent,
and women democratic women without children were in

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the like eighty five percentile on a
yes, yeah, in favor of it,

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of course, in favor of it, yes, And then you know,

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pretty overall a large majority are against
it, of course, but when

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you parse it out on ideological gender
lines and things like that, it's just

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one more proof that we should affect
repeal the nineteenth Amendment. But anyway,

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back to Lucretia. I didn't realize
when I chose Lucretia, because you know,

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I chose it for a very noble
reason, that Lucretia Mott was a

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famous, famous suffragette and we're still
suffering, suffering, although like like what's

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her name Stanton, Elizabeth Katie Stanton, they were also abolitionists before they were

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suffragettes, and the feminists always forget
that. Both Elizabeth Katie Stanton and I

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forget the other leading feminists suffragettic times
well, but they're all they were all

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militantly pro life nanci abortion. That
always gets forgotten whenever the Pantheonic this Heroes

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is chartered for. Oh, yes, Stanton wrote some very strong statements about

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the horrors of abortion and so forth. So well, and I just want

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you guys to know that I managed
to write my speech mentioning those women once

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and then quoting Abraham Lincoln and Martin
Luther King and emphasizing the whole idea of

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human equality and kind of glossing over
the whole nineteenth complment. It was.

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It was pretty good. Actually.
Of course, Lincoln was an early supporter

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of women suffrage. You know,
yeah, I'm not necessarily against women,

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Okay, yeah, but it was
a little bit like we see today,

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John, The political in fighting was
always about which which caused temperance, abolition,

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women's rights and before women voting,
where women rights, women's rights for

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things like the right to own property, the right to inherit property, a

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whole bunch of things women couldn't do, and in some states, believe it

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or not, unmarried women could do
things that married women couldn't. And so

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that was a big part of the
fight too. And I'm not necessarily against

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some of those things, but they
were always in fighting. And Frederick Douglas

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was at one time a big suffragette, and then he got a little upset

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about their the Elizabeth Katie Stantons especially, who were very much not just women

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in favor of women's rights, but
really only in favor of educated white women's

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rights. And so there was,
you know, there was all this,

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uh, even though they were all
in favor of women's rights. Abolition and

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temperance, you know, getting rid
of alcohol. Another reason why I don't

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think I should have been named after
Lucretia Mott. They fought over which should

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take priority when right right, well, speaking of temperance or in temperance,

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I did enjoy last night. I
think on Creshy you recommended this once.

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I tried some fireball cinnamon whiskey.
Oh, no, I've never commended.

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It's not even whiskey. It's well. I liked it. I have to

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say I was surprised. I thought
it would be horrible, and it's way

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better than the peanut butter whiskey I
had a few weeks ago that John,

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have you ever tried fireball whiskey?
No, I was gonna say. Steve

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is not at home, right,
Steves in Los Angeles. So I wonder

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when you travel, do you carry
with you the little umbrellas to put in

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your drink. They just come with
do They just come at the bar automatically

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for you'll usually the ladder right,
actually, But cinnamon whiskey is one of

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those things that were Okay, I
wouldn't put an umbrella in it, but

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like, I don't drink hot chocolate
very much anymore, but cinnamon whiskey,

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the fireball whiskey and hot chocolate is
amazing. See, I thought, I

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think I remember you saying that once. See I found it. I just

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drank it and meat and it is
a nice little spicy tang to it.

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So I mean you, you and
every sorority girl. Okay, it's just,

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oh my god, I'm so drunk. All Okay, what are you

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drinking? John? Last night,
by the way, we were having because

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of schedules again having to record early
in the morning, and even I can't

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quite tolerate whiskey this early ten o'clock
in the morning. Maybe I could do

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it, but it's too early,
John, don't think I had anything special.

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I had High West. Have you
guys had High West? No bourbon,

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Oh, it's not a very high
end bourbon. It's more of a

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medium to low end bourbon, but
you know they had it at Costco.

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Has got a cool bottle. The
bottle looks like the kind that are in

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the back of the bar during a
Clint Eastwood Cowboy shoot up in the bar,

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you know, very tall, skinny, right, is there a hair

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in it? Sorry? All right, enough of that what you got for

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us today? Lucretia a minute oologize
for coughing and sneezing on this podcast because

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I am getting over COVID and I
just want to sure all of our conservative

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listeners out there there's nothing to be
afraid of in this latest round of election.

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What are we calling it? Any
election of Crown virus? And you

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don't need to mask up. I
will remind you that masks are very dangerous,

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that they're toxic to people, that
they cause all sorts of health problems

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that before COVID came out. Just
so you know, before COVID came out,

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OSHA rules required any employer that was
going to have an employee wear a

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mask that they had to get medical
fitting. They had to go see a

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doctor and make sure that the respiratory
system could handle it, that they were

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fitted properly, et cetera. OSHA
quietly removed all those rules when the CDC

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wanted to force masks on everybody.
But wearing a mask is not a good

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idea. There is zero evidence in
any respected study that masks actually prevent either

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the spread or the contagion of COVID. Don't do it. Let's not give

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in this time. It's all I'm
saying, because I'm not wearing a mask.

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If if they tell me I have
to get where I when to get

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on a plane, I'm going to
say, refund me my money in cash

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right here, and now I'm walking. Yeah, I mean, all I

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can say is that poor COVID virus
never had a chance when it ran up

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against you. I'll just that's all. That's right. It's not never case.

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Go out to the virus. Right, Thank you guys. But what

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you guys think is going to happen, because I thought I heard that Georgetown

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was reinstating some kind of mask mandate, and well I heard I heard that

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school It will be schools that go
first, I bet if yeah, some

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kind of outbreak of this new variant, that our employers will be faster even

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than businesses or governments. Right,
reimpost some kind of mask Manning. What

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do you think will happen? Do
you think people will comply this time?

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Or will they'll be uh, you
know, rebellion. I will, I

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will, I will fight it and
I will. I'm I'm all eligible for

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retirement, So if they really want
to force it, I'll go ahead,

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and you know, make them fire
me and then make me pay out,

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make them pay out a huge settlement
against me. I am not ever wearing

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another mask no matter what. I
go to the to a particular doctor's office

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and they still require masks and I
refuse. And the one time I went

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in there and gave them a lecture
about how bad it was, they stopped

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asking me. Why Why am I
not surprised at that alcohol? But the

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facts on my side, I know, I know the facts. I mean,

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I mean, I think that's the
bother something about this. Uh.

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And I think I mentioned this to
Steve last weekend when we were talking that

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along with what John has talked talking
about this, you know, obvious new

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craze to get everybody back into mass
and lockdowns. You're seeing a bunch of

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articles in you know, places like
Salon and the Atlantic reminding us that we

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need even though they might have been
wrong about a few things, reminding us

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that we need to trust our public
health experts. Yeah, right, when

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those guys are saying it, you
know you can't, so of course,

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I mean, and if we ever
had any doubt about it, we know

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absolutely we can't trust them. But
there are a lot of people out there

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that don't dig one one level deeper
to find out this is nonsense. And

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don't get another damn vaccine, you
guys, you don't need it. I

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don't want you to have a heart
attack and die. This this podcast brought

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to you by the Robert F.
Kennedy Junior Campaign for President. Okay,

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enough about COVID, about COVID,
but speaking of health issues, what about

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our gerontocracy? What do you I
mean? I actually did a little research

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this morning looking into how many old
people there are in the highest levels of

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our federal government. And it's I
mean, did you know that Eleanor Norton

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was eighty six years old? She's
ageless. She's been around my entire life.

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Yeah, mind you and then some
and Maxine Waters is eighty four right

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right, Okay, So Mitch McConnell
fell in March and got a concussion.

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In July, he experienced an episode
where he just what do they call it

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verbal paralysis? Is that the actual
term for it? I'm not sure.

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No, it's gotta be a phase. I'm not sure it's a phase something.

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But yeah, he froze up and
yeah, yeah, but you get

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what I mean when I say yes, So like for thirty seconds and his

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AIDS came up. Happened again,
what the day before, yesterday or this

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week? But his dog, his
doctor has pronounced him okay to continue his

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duties, and so has Joe Biden. Yeah, Joe Biden's looking for a

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lifeline on that front. Right,
So so what do you think, John,

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should we have first limits? Well, you know, the Constitution doesn't

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have any, but it could be
done by the parties themselves. It actually

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does. It has the other kind
of age limits has minimum age minimum minimum

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age, yeah, not maximum,
which is interesting, although there were so

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many ways to die back then.
IM sure they'd never expected anybody to get

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to seventies in charge, right,
So I as to Senator McConnell himself versus

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just yeah, we have a very
old president, veryal majority leader. We

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don't. Actually, it's interesting in
the House, is the is the institution

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that doesn't suffer from this, right, Kevin McCarthy and Hikim Jefferies are not

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in their seventies and eighties, but
you know, the Senate Majority Party leader.

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So I don't I don't know.
I think that this is something the

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American people should decide in elections.
They could have taken Biden's age into account

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last election. He's almost certain they're
going to take his agent to account this

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upcoming election. The problems that are
Republicans are it looks like right now are

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going to nominate someone who's you know, just behind, you know, just

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behind Biden in the race to old
age in terms of I was just gonna

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say, in terms of Senator McConnell
himself, I certainly hope he finishes out

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his term. I think that's what
he has said, is he tends to

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finish out his term. But he
didn't say about how much longer he wanted

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to stay as Majority leader. He
did say it was going to fulfill his

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terms. Yeah, it's twenty twenty
seven, but his term is h as

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leader, as leader leader two years. Yes, yeah, he said he

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was going to do that. This
when I worked in the Senate, I

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you know, I was there when
strom Thurmand was still around, and I

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even sat behind Senator Thurmant during some
hearings and backed him up once. Can

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I can I tell this story?
This is a sure story. So strom

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Thurmand, you know, I think
was of must have been in his nineties.

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So this is one one issue where
strom Thurmond and the Senator I was

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working for, Orn Hatch, were
on opposite sides. So it was a

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committee meeting, committee meeting where they
were voting on this issue. And so

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you know, when you're an aide, you have this binder and on top

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of the binder you put your draft
through the remarks the senator is going to

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make. So Senator Hatch to chair
the meeting, he opens a binder,

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reads the speech and it says at
the end it says, you know,

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so I support so and so for
confirmation and vote mut and then Senator Hatch

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leaves. Then a few minutes later, Senator Thurman walked into the hearing room

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by himself. This had never been
seen before. He always had aids with

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him. I always had said with
them, to show them where they go.

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So Senator Thurman unaccompanied. You know, red alert, red alert,

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red alert. You know larv's are
going off, but there are no Thurman

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staffers to be found, and he
shuffles over. You know, he'd been

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chairman of the Judiciary Commitee for a
long time. So he sat in the

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chairman's chair and then turned around looking
for his aid. The old hun person

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there was mead, and he grabbed
the binder. We had a small struggle,

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but that man, he had a
grip, even at the age of

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money. Yanked the binder out and
read Senator Hatch's speech out word for word,

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but somehow new to insert the word
not in front of each verb.

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So he said, I do not
support this nominee. I do not vote

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to send him out of committee.
It was an amazing thing. And then

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he turned around and he said to
me, you're a great American, shut

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the binder and walked out the door. So, based on that experience,

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it seems to me you could actually
serve in the Senator pretty old age and

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prim Senator McConnell coprised day there many
years sooth just maybe he doesn't eat the

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pressure of being a majority leader.
Steve. That brings me to the question

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doesn't really have anything to do with
age, I'm told Grassley, who's sharp

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as a day, gets up and
runs every morning at eighty nine. Yeah,

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I know. He Well, that's
that's an example. I mean,

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and you know people used to say, I don't know if this is true

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that Oliver Wendell Holmes had those wits
about him at nearly the age of ninety

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on the Supreme Court. There's a
famous story. Well it leave that aside.

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I understand that. But there's the
famous stories. He's eighty eight years

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old and he's walking down the street
with one of the other justices and a

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pretty lady walks by in a skirt
and he says, oh, to be

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eighty again. I think that was
fun. That's that's something you can imagine

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strom Thurman saying too. As we
know. Look, I mean, I

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don't think there should be age limits, but I do think, uh,

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what we're observing right now though,
Well, I just go back to the

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seventies and eighties, and what do
we used to say about the Soviet Union.

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You know, it's all these octogenarians
at the at the Polar Bureau,

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and how staggnant they were. I
think this is a sign of just the

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stagnation of our political class. And
yeah, you mentioned John that you know

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we have Hockey and Jefferies for the
Democrats. But you know, up to

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that point you had Pelosi in or
eighties and Stenny Hoyer and late seventies I

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think are nearly eighty and I think, oh, well, they're okay.

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But the point is is that I
do I think there's something to generational changes,

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right and yeah, But I don't
want to interrupt, but I want

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you to think about that in terms
of John Fitterman and AOC. Are they

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our future? Uh? Well,
I prefer to think of I don't know.

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I like some of these younger looking
senators like Holly and Vance and so

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forth right, they've got an energy
in a cotton exactly right, Cruc.

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But one, I mean, so
just some thoughts. One is, is

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this not your guy's fault. You're
part of the aren't you guys at the

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tail end of the Baby Boom generation? You guys just won't go you well,

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right, isn't it? Isn't it
an example of the Baby Boom generation

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just still grasping with the very end
of their fingertips onto power. And it's

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amazing, actually how much power the
Baby Boom generation still exerts in our society.

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So just maybe when the Baby Boom
generation really does all go off to

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the great nursing home in the sky. We're really going to see a huge

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shakeup in our politics, because yeah, I generally agree with that, except

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the millennials may be worse, that's
all. But that doesn't mean it's going

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to change in a good direction.
But it's just it seems I agree.

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So I don't know. Sometimes I
feel like we are, you know,

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being governed by an ideology that's aged
like a wind beyond it's, you know,

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time to be put away, and
we're gonna, we're gonna, we're

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gonna see some kind of radical break, but who knows which direction it will

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go in? Leaving Biden aside for
just a moment, because I think that's

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a different thing altogether. You're right, it's the voters responsibility. But have

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we now put in place an electoral
system, or allowed an electoral system that

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just makes it nearly impossible, not
entirely, but nearly impossible to get rid

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of an old incumbent like Dian fines
An. I mean, I know you

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guys didn't vote for Dion Finstein in
the last election, but how did she

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go in the first place? Well, remember that's a good point. She

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didn't have opposition in the Democratic Party. I forget that was Kevin de Leone

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from Los Angeles. Yeah. Remember
California's schoolball system now where the top two

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people go to the So she ran
against another Democrat, sort of Harris by

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the way, she ran against what's
the one of the Hispanic congresswomen from Orange

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County and one. But did she
also run against the mayor of Los Via

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Ragosa Rio Ragosa might have been he
might run for governor. I can't remember,

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right, it's uh. You know, there's a kind of like when

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it comes to California politics, who
really gives a damn? Well, there's

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a bit of that, although there's
a broader story here which I don't propose

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we take up of the Bay Area, so planning LA as the center of

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gravity politically in the state for Democrats, which means that the center it used

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to be LA in a rivalry with
San Francisco, and you had the Willie

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Brown machine versus the Burman Waxman machine
in LA and LA does not have that

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cloud anymore. Anyway, that's another
story. So the only upside is you

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already see what the change you'll be
like because at least at the state level,

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you can't get away. I think
with having this kind of gerontocracy,

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as Lucretia puts in, you have, you know, very I think a

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good crop of governors at the state
level, who are you like Ron de

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Santis, right or Governor Abbott in
Texas? You have people who are figarrison,

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so you can kind of see what's
coming well, y'a. Also on

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the left you have Gretchen Whitmer's and
Gavin Newsom's so well. And let me

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go back to Dianne Feinstein for just
a moment. Is it not really just

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shocking to think that she's not capable
of making important life decisions, so she

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turns power of attorney over to her
daughter. But she's somehow capable of making

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decisions for an entire country of three
hundred and thirty three million people. I

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mean, at what point does the
Democrat I get what's behind all of that?

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Is it going to be an idiot
like Katie Porter Porter or Adam Schiff

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or Barbara Lee. I mean,
there's the fight behind the scenes. So

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Diane Feinstein has propped up like Bernie's
Weekend at Bernie's because they can decide.

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I mean, but How did the
most powerful, well governed at one point

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country in the history of the world
end up in this sad situation? And

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I feel sorry for Diane Feinstein.
Yeah, you know, she looks like

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Cordaver. She looks like she's disinterred. Oh no, it's bad. Yeah,

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as if they're also a political incentive, which is doesn't really apply to

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California much, but that applied to
smaller states, doesn't it that because of

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the importance of seniority in Congress.
If you're a state and you have a

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long serving member of the House of
the Senate, you lose a lot of

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power if you vote those guys out. Yeah, that's why Strop Thurman was

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from South Carolina. Rights who was
Ernest Hollings was like the junior Senator from

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South Carolina for like thirty years.
I don't think it's just the committee assignments,

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although that's part of it. But
I will tell you here in Arizona,

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Mark Kelly replacing John McCain has been
an utter disaster for the military installations

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here in Arizona, because, I
mean, John McCain got everything now And

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I don't want to go into this
in any detail, but I'll just tell

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you every mission, every unit.
It's it's just being poached by other states

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that have more powerful senators on you
know, the Arm Service Committee, etceter

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et cetera. So I can see
that too. Mark Kelly's just immoral and

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that's the big problem and absolutely useless. But you know he was married to

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Gabby Gifford's and Gabby Giffords still inspires
anyway. Sorry, I'm off on a

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tangent. I do want one more
thing on this, on this subject,

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John, what do you think about
the three Johns? Oh so? Well?

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Actually, who's the third? So
I know John, John Moon,

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John Barrasso. Who's the third John
John Cornin? So there's a there's a

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good example. I think the Republicans
actually have a very strong bench of people

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falling right behind. She just made
a terrible face. It was spit up

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our coffee. But it's just like
I think about the alternatives to Trump.

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We have an really strong bench of
alternatives to Trump. But I think we

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do in the Senate too. I
had the occasion over the summer to be

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at an event where Thune spoke.
I was really I came away extremely impressed.

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I thought John Thune was really yeah, smart, spoke well has the

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charismatic nature and politics, which I
don't think McConnell really has or even once

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tries. You know, I have
a lot of respect for Senator McConnell,

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but he's not the you know,
he's not the popular guy at the used

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car salesman convention. And I thought
Thune, I mean, I thought Dune

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had a lot of uh, you
know, oppressive qualities. I don't know

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Brasso, and I remember being around
Washington when Gordon started. You remember he

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had been on the Texas Supreme Court. He was a very impressive guy.

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I thought he was a very I
think I could you think he's also very

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very capable guy. Here's a little
a trivia tidbit. Senator Cornyn's first general

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counsel was no one, none other
than Jim Hoe. Oh now Judge Hoe,

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right, yeah, now, Judge
the Fifth Circuit, who is very

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well thought of. It worked for
me at the Justice Department. That's how

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I came to meet came to meet
Senator Cornin. So. I don't know

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brass So, but those other two
I'd be quite happy. And I think

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the party would be Repolan partly be
in good shape to have them as majority

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leader. Steve I might want.
My one and only exposure to tune in

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a small gathering was several years ago, and I came away distinctly unimpressed.

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But it's possibly he has gotten better, and I don't know. I think

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I don't know. I also think
maybe it doesn't matter. But now they're

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whispering about who's going to replace Mitchy. I've never done before. I kind

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of like that. I think a
senate, a senate, a party leader

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ought to come from a bigger state, which is why I think Cornin from

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Texas makes a lot of sense.
But oh god, you guys, First

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of all, do you think,
well, the only of the one of

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those three that I could possibly support
would be Barazzo because he's the most sound.

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He's not from a big state.
I don't know if that really matters.

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Kentucky's not a big state either,
Steve, so yeah. But I

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think that the problem with the other
two, this is going to come out

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wrong unless I give a little explanation, is that they're very anti Trump and

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becoming more so. And it's I
don't want you to think that I'm you

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know, so pro Trump that uh, you know him above all else that

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it's much more complicated than that.
But the problem I see, excuse me,

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I'm sorry, is that if they
take the side of Mitch mcd which

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is basically what their positions are with
respect to Trump and January six and some

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of those other things, what they
don't see and cannot fight against is what's

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really happening behind all of that,
with the Letitia James and everybody just bringing

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down Trump. But bringing down Trump
is not just about Trump. It's about

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silencing that silent majority, silencing the
people who are done with the elite corruption

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in Washington, all of those things. That's what's behind it. And if

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you're not willing, that's why I
despise Mitch McConnell so much. I hope

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he gets better and goes and retires
and lives with his grandchildren or something.

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But we Republicans always have to pretend
to stand on principle when they don't even

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know what the damn principle is.
And that's what bothers me about the other

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two Johns. I don't you don't
need to be a Trump supporter, but

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you can't come out like Mitch McConnell
did and talk about January six as if

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if it's in an insurrection. It
was never an insurrection, which leads me

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to my next topic. John,
tell us a little about that nice article

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I read they wrote and why it's
important right now thing? Okay, Yeah,

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Bob Paulson argument which is gaining traction. Actually, you see reports and

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some media. Let's I just don't
know whether if it's true or not that

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some secretaries of states, you know, primarily in blue states, are thinking

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about declaring Trumpet insurrectionist and removing him
from the ballot. So, for those

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who have not read it, this
argument, Paulson and Bout are originalists,

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scholars, conservatives generally right in conservatives, Yes, meaningless term these days.

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Thanky, Okay, So lucretia won't
allow them to be Senate majority leader,

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it seems. So. This goes
to the fourteenth Amendment, Section three,

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and which says some which has something
called the disqualification clause, and it basically

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says anyone who's been a senator,
a representative, or president or vice president

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president, or held any office civil
or military under the United States or under

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any state too, and then goes
on list other officials who took an oath

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to support the constitution who have shall
have engaged in insurrection or rebellion against against

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the same, or given aid or
comfort to the enemies thereof right is disqualified

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from office. So the key phrases
shall have engaged in insurrection or rebellion,

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I think. So what Bard and
Paulson say is so they make two claims.

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One is this provision is still operational. It's not limited to the Civil

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War, to which we all agree. Yeah, I think everyone would agree

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with that right. And then the
second part of the article, which I

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think is the more tendentious part,
is that essentially anyone can decide that Trump

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did commit insurrection and take action on
it, and then it's up to Congresses,

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because then Congress is the last sentence
of the clauses. But Congress may

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buy a vote of two thirds of
each house remove such disability. So the

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argument is, you make a determination
someone was an insurrectionist, and then Congress

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has to step in and remove this
disqualification. So my article argue that I

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don't think the second part of their
claim is right, that Trump is presumptively

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an insurrectionist, that anybody can decide
that, and that actually you have to

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act to remove his disqualification. And
so I go through various problems if it

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were otherwise. So, for example, that means any any official, any

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individual can decide that someone's an insurrections
without any due process, without any you

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00:31:12.559 --> 00:31:18.519
know, finding of any kind of
facts, by any you know, authoritative

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tribunal, and decide that Trump's and
insurrections. That means like a county clerk

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00:31:22.759 --> 00:31:26.240
who's running the polls and their county
could just go through the bouts and scratch

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00:31:26.240 --> 00:31:32.880
out the name Donald Trump because they
think, right, Trump's and insurrections.

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It could I think, pose a
threat to the federal government by the states,

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and it could pose a threat by
states against each other. Right Suppose

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if California and New York's secretary states
decide Trump is you know, presumptively an

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00:31:49.400 --> 00:31:56.440
insurrectionist, remove his name. Can
Texas and Florida start to decide other people

397
00:31:56.480 --> 00:32:00.359
are insurrectionists and start removing their names, right, So, it seemed to

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me this, uh, you know, this is again, this is unprecedented.

399
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This is a position an issue that
you know, really hasn't come up

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since the Civil War, I has
only come up during the Civil War.

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It seemed to me that I don't
know, I just inferred from you know,

402
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mccaulla versus Maryland principals like that.
Then it really has to be a

403
00:32:21.599 --> 00:32:24.799
branch of the federal government that has
to decide someone's insurrectionist, and I think

404
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ultimately would be the courts, because
say the president says I'm going to execute

405
00:32:30.880 --> 00:32:36.960
the laws. Suppose President Biden found
Trump to be an insurrectionist and grabbed him

406
00:32:37.000 --> 00:32:40.359
and detained him, removed his name
from the ballot. Of course Trump would

407
00:32:40.359 --> 00:32:44.119
have the right to habeas corpus and
it would get litigated to the Supreme Court.

408
00:32:44.559 --> 00:32:47.480
Or if your Trump's prosecuted for insurrection, of course that's going to be

409
00:32:47.519 --> 00:32:52.039
reviewed by the Supreme Court. I'm
the only one I wasn't sure about his

410
00:32:52.079 --> 00:32:54.640
whether Congress. I'm just finishing this. I couldn't figure ot whether Congress could

411
00:32:54.759 --> 00:33:00.960
unilaterally decide someone's an insurrectionist, whether
there be any judicial review of that.

412
00:33:00.039 --> 00:33:02.400
But I think it's got to be
a branch of the federal government that does

413
00:33:02.400 --> 00:33:07.200
it. There was a whole argument
in your article that I thought was good,

414
00:33:07.759 --> 00:33:10.319
John, which is really what it
comes down to. We've talked about

415
00:33:10.319 --> 00:33:13.640
this before, but I want to
bring it up. It's a simpler point.

416
00:33:14.279 --> 00:33:19.400
Congress did, in fact exercise it's
actual constitutional powers to look into the

417
00:33:19.480 --> 00:33:23.359
question of whether or not Trump committed
actions that would amount to insurrection. They

418
00:33:23.400 --> 00:33:29.759
were not able to find enough evidence
of that to convince the Senate to convict

419
00:33:29.799 --> 00:33:32.000
him. That should have been I
mean, you make that argument, and

420
00:33:32.240 --> 00:33:37.319
these other arguments are a little bit
I think peripheral to that basic argument,

421
00:33:37.359 --> 00:33:43.119
which is the constitutional authority to do
so. Actually lied with Congress and they

422
00:33:43.160 --> 00:33:49.279
determined that he did not commit insurrection. Steve shaking his head. Well,

423
00:33:49.279 --> 00:33:54.200
no, no, I'm shaking my
head at I'm just thinking about the multiple

424
00:33:54.279 --> 00:33:58.680
ironies and bad faith here. So
first of all, it's one thing for

425
00:33:58.839 --> 00:34:00.920
law professors to do a spe seculative
article. That's what law professors do.

426
00:34:01.000 --> 00:34:05.240
But this is catching on. I
mean, I've heard Gavin Newsom say that

427
00:34:05.279 --> 00:34:09.800
the Secretary of State in California should
look into this theory and possibly bar Trump

428
00:34:09.880 --> 00:34:14.199
from the ballot in California. There
are as John, as you mentioned,

429
00:34:14.199 --> 00:34:16.760
we have I'll translate this way.
I think we have three thousand counties in

430
00:34:16.760 --> 00:34:21.800
the country and roughly round numbers.
Surely in one of those counties there's going

431
00:34:21.880 --> 00:34:23.599
to be a registrar of voters.
It's going to be a deep blue county,

432
00:34:23.679 --> 00:34:27.760
Marine County, Cambridge, mass something
like that. Who's going to say,

433
00:34:27.800 --> 00:34:30.280
you know what, I think he's
an insurrectionist. I'm going to block

434
00:34:30.320 --> 00:34:32.079
him from the ballot, and that
person will get the cheers of the Harvard

435
00:34:32.079 --> 00:34:35.960
faculty and so forth, and yeah, then it may go to court.

436
00:34:36.599 --> 00:34:38.440
I'll leave this aside for now,
because because I want to get to the

437
00:34:38.480 --> 00:34:44.280
main point about how this might play
out. I could see some federal hourts,

438
00:34:44.320 --> 00:34:46.280
maybe in the Supreme Court saying,
you know, basic Luther v.

439
00:34:46.360 --> 00:34:50.360
Boord and political question doctrine, this
is a matter for the States. We

440
00:34:50.400 --> 00:34:52.199
don't want any part of this case. I doubt that, but it's not

441
00:34:52.320 --> 00:35:00.599
implausible. But to engage in my
favorite a hypo theoretical as Jean Pierre what's

442
00:35:00.599 --> 00:35:06.280
her name is now saying, so
we were told here that oh, no,

443
00:35:06.440 --> 00:35:09.440
Vice President pens he has no authority
to turn back the results of an

444
00:35:09.440 --> 00:35:14.599
election bit based on the ambiguous warning
of the twelfth Amendment. But now we're

445
00:35:14.599 --> 00:35:17.920
going to let some secretary of State
or county clerk determine that Trump, who

446
00:35:17.920 --> 00:35:22.599
has not been charged with insurrection by
the Special Council, is an insurrectionist and

447
00:35:22.599 --> 00:35:24.679
ban f in the ballot. All
right, let's go one more step with

448
00:35:24.719 --> 00:35:30.000
this. At that point, if
it actually stuck, he would have a

449
00:35:30.000 --> 00:35:34.280
write in campaign for Trump, and
you could see people refusing to count his

450
00:35:34.400 --> 00:35:37.679
name on that. So you talk
about challenging. You see where I'm going

451
00:35:37.719 --> 00:35:40.159
with all this. At the end
of the day, we have a chaotic

452
00:35:40.199 --> 00:35:44.920
election in which Trump can say legitimately
that all of his votes are not being

453
00:35:45.000 --> 00:35:50.360
counted. You have people like my
favorite is Lisa Murkowski, who remember,

454
00:35:50.519 --> 00:35:52.239
was reelected to the Senate as a
write in a few years ago when she

455
00:35:52.320 --> 00:35:57.159
lost the Republican primary, and there
was a big controversy about what about write

456
00:35:57.159 --> 00:36:00.519
in votes that have misspelled her name
because Murkowski's not that easy to spell,

457
00:36:00.000 --> 00:36:04.119
and they use the very permissive standard. If it's clear they mean Murkowski,

458
00:36:04.159 --> 00:36:07.280
will count us a vote even if
they have her name spelled completely wrong.

459
00:36:07.159 --> 00:36:12.039
I could see people counting the votes
in blue states saying, well, you

460
00:36:12.079 --> 00:36:14.840
know, they didn't have Donald J. Trump. They just have don Trump

461
00:36:15.039 --> 00:36:19.760
or you know, the don or
who knows. I'm sitting here thinking this

462
00:36:19.800 --> 00:36:22.119
is gonna makes She's gonna be on
the under foot now. It's going to

463
00:36:22.159 --> 00:36:28.320
be Democrats will be election deniers,
and suddenly Kamala Harris will be calling up

464
00:36:28.639 --> 00:36:31.400
John Eastman asked for advice about counting
the votes in the Senate on January sixth,

465
00:36:31.760 --> 00:36:37.400
twenty twenty five. It sounds crazy, but I'm trying to illustrate how

466
00:36:37.599 --> 00:36:42.800
utterly insane this whole scene is.
And all I would say is, really

467
00:36:42.880 --> 00:36:49.440
quickly, it's a little bit like
my argument against argument against John. The

468
00:36:49.480 --> 00:36:58.599
two John's that this this so what
we've got now in this the law professor's

469
00:36:58.760 --> 00:37:02.320
law, the the experts telling us
what the right thing is. It's it's

470
00:37:02.440 --> 00:37:08.079
three conservatives. So those two guys
I can never bother to remember their names,

471
00:37:08.079 --> 00:37:15.760
plus Michael Ludig along with Laurence Tribe. Oh look, it's a bipartisan

472
00:37:15.880 --> 00:37:22.599
consensus among lass law professors, experts, legal experts that Trump should be you

473
00:37:22.639 --> 00:37:27.559
know that this can happen. I
hate that kind of crap. And that's

474
00:37:27.559 --> 00:37:34.280
why I hate conservatives so called who
think that somehow just because they take the

475
00:37:34.360 --> 00:37:37.519
side of their being bipartisan. It
goes back to Steve Sing. He always

476
00:37:37.519 --> 00:37:42.960
likes to say that makes them the
stupid party, the evil party. This

477
00:37:43.039 --> 00:37:46.079
is bipartisan ship is something really stupid
and evil and that's what I find here

478
00:37:46.280 --> 00:37:49.840
anyway. Sorry that's my thought,
but it was a really good article,

479
00:37:49.920 --> 00:37:52.119
John, I'm going to tell you
that it was one of the things.

480
00:37:52.119 --> 00:37:54.519
Well, I didn't focus it on
Trump. I mean, I didn't focus

481
00:37:54.559 --> 00:37:58.000
my comments on Trump. But you
know, there are a lot of interesting

482
00:37:58.079 --> 00:38:00.800
questions about Trump in this clause.
But the thing I just want to also

483
00:38:01.559 --> 00:38:07.480
follow up on what you said about
Lutig about these two conservatives and other conservatives

484
00:38:07.519 --> 00:38:12.119
who are taking this argument making this
argument also are supportive of the prosecutions.

485
00:38:12.880 --> 00:38:16.239
You know, Conservatives generally, I
like them because they support you know,

486
00:38:16.519 --> 00:38:22.280
tradition and custom and the status quo
and the car constitutional system. And what

487
00:38:22.400 --> 00:38:24.800
strikes me as weird I didn't come
to me until you mentioned it, Lucretia

488
00:38:24.840 --> 00:38:29.960
about this these conservatives is that they
don't really have faith in any of those

489
00:38:30.000 --> 00:38:35.320
things. So they're engaging in these
really weird, outside the box, never

490
00:38:35.400 --> 00:38:40.079
tried before solutions to what they think
of the existential problem of Donald Trump.

491
00:38:40.119 --> 00:38:45.719
And they're willing to, you know, really twist the constitution and break tradition

492
00:38:45.320 --> 00:38:50.599
in order to get them. You
know, He's they're like, you know,

493
00:38:51.199 --> 00:38:53.400
you guys like this more than me
right there, like you know this

494
00:38:54.000 --> 00:38:59.000
certain was his name, Saint Thomas
Moore example. You know they're willing to

495
00:38:59.039 --> 00:39:02.360
cut down all the law in the
forest of laws to get their double Whereas

496
00:39:02.360 --> 00:39:07.760
a conservative I would think should just
have faith that our institutions will work properly

497
00:39:07.800 --> 00:39:12.639
and that the American people are smarter
than most academics think, and they'll take

498
00:39:12.719 --> 00:39:16.800
note of all this and then they'll
right vote and vote in the primary and

499
00:39:16.960 --> 00:39:22.679
general elections about it. Can I
offer one more political thought and then an

500
00:39:22.679 --> 00:39:27.039
observation on tribe just because it's fun. You mentioned the last class of section

501
00:39:27.119 --> 00:39:30.880
three says Congress can remove the disability
by a two thirds vote. Now,

502
00:39:30.920 --> 00:39:35.719
if you assume, as is widely
thought, that the Biden, White House

503
00:39:35.760 --> 00:39:38.440
and the Democrats want to run against
Donald Trump because I think they'll beat him,

504
00:39:38.880 --> 00:39:42.679
then what you want to do is
Republicans in Congress ought to flow to

505
00:39:42.760 --> 00:39:47.599
resolution now saying there's uncertainty about this, Let's remove this disability prospectively so it

506
00:39:47.639 --> 00:39:52.079
doesn't cause chaos in the election,
and then see how Democrats vote on it.

507
00:39:52.400 --> 00:39:54.920
Right, it will split the Democrats
right down the middle from the ones

508
00:39:54.920 --> 00:40:00.360
who want to run against Trump and
the ones who's based demand that Trump they

509
00:40:00.360 --> 00:40:02.480
want, they'd want Democrats to vote
against this resolution, right, I think

510
00:40:02.480 --> 00:40:07.719
that'd be great piece of mischief to
do. While we're on the subject of

511
00:40:07.760 --> 00:40:09.519
tribes, since you mentioned him a
little before your time, John, but

512
00:40:09.960 --> 00:40:14.400
back when ed Meice in the eighties
as attorney general, start of the original

513
00:40:14.440 --> 00:40:19.800
intent argument, one of things he
noticed was the tribes best selling constitutional law

514
00:40:19.880 --> 00:40:25.760
casebook did not include the Constitution in
it. That's liberal constitutional law. What's

515
00:40:25.760 --> 00:40:30.000
the Constitution? Well, he of
course immediately added it in the next edition,

516
00:40:30.079 --> 00:40:32.320
but that was quite an embarrassment to
catch him not even including the text

517
00:40:32.360 --> 00:40:37.920
of the Constitution. And wouldn't be
embarrassed by it probably, I don't know.

518
00:40:37.320 --> 00:40:42.960
I had one little less tie in
and actually goes to something that Creas

519
00:40:43.079 --> 00:40:46.239
is going to ask us later about
statutes and the Reconstruction Congress or something.

520
00:40:46.280 --> 00:40:54.119
But hands Fund Spokowski, Spakovsky at
Heritage and I were talking about this article,

521
00:40:54.199 --> 00:40:58.639
I did, and he actually had
this really interesting point. He said,

522
00:40:58.719 --> 00:41:04.559
in eighteen seventy two, the Reconstruction
Congress passed an amnesty Act, and

523
00:41:04.599 --> 00:41:09.639
it says this all political disabilities imposed
by by this section of the Fourteenth Amendment

524
00:41:10.039 --> 00:41:17.599
are hereby removed from all persons whomsoever
accept Senators and representatives of the thirty six

525
00:41:17.719 --> 00:41:24.159
and thirty seventh Congresses, officers in
the judicial, military, naval services.

526
00:41:24.159 --> 00:41:28.639
The United States has of departments,
and foreign ministers of the United States.

527
00:41:29.239 --> 00:41:34.880
So if the Ambassy Act of eighteen
seventy two is Congress's last word, then

528
00:41:35.400 --> 00:41:40.039
Congress said everybody in the country is
not subject to this except the people in

529
00:41:40.079 --> 00:41:46.760
the Confederacy comment. It's a great
point, my comment about that, And

530
00:41:47.400 --> 00:41:51.920
again this is there's so many things
that tie into this. I see every

531
00:41:51.960 --> 00:41:55.760
day in my briefings that we're going
to rename another Confederate this or that.

532
00:41:55.960 --> 00:42:02.199
Da da da da da. It's
quite moving to look back and to see

533
00:42:02.239 --> 00:42:06.599
the you know, that was a
real civil war. People died, people

534
00:42:06.679 --> 00:42:09.119
killed brothers, and you know,
we know the whole horror of that whole

535
00:42:09.159 --> 00:42:15.440
thing. But in the midst of
that, the monumental effort to try to

536
00:42:15.760 --> 00:42:21.079
heal the wounds and you know,
heal the animosity. And it made sense

537
00:42:21.159 --> 00:42:25.360
to say about those you know,
leaders and shakers and the Confederate the rebellion,

538
00:42:25.760 --> 00:42:30.679
that they're not eligible. But then
you all, you see immediately on

539
00:42:30.719 --> 00:42:36.480
the ground with the eighteen seventy two
Act and so forth the effort to try

540
00:42:36.679 --> 00:42:42.920
and move ahead, move beyond that, and anusia, this is even better.

541
00:42:43.119 --> 00:42:45.440
You have prescience, because I was
just about to mention there was then

542
00:42:45.480 --> 00:42:52.000
a second act called the eighteen ninety
eight Amnesty Act, which then said all

543
00:42:52.079 --> 00:42:58.760
disabilities from the fourteenth Amendment are removed
for everybody as part of what you say,

544
00:42:58.880 --> 00:43:04.400
national reconciliation. And apparently there was
still a guy left from the Civil

545
00:43:04.440 --> 00:43:09.719
War named Joseph Joe Wheeler who had
been disabled from office, and because of

546
00:43:09.719 --> 00:43:14.599
this law, he was able to
command a cavalry detachment in the Spanish American

547
00:43:14.599 --> 00:43:20.199
War. Ah. I mean,
just we've talked about this before. I

548
00:43:20.199 --> 00:43:23.199
don't want to go into it,
but just even looking at the surrender ceremonies

549
00:43:23.320 --> 00:43:28.760
across the across the United States,
as you know, because of the lack

550
00:43:28.800 --> 00:43:35.719
of communication, instantaneous communication, the
Chamberlain, even even what happens at Appomattox,

551
00:43:35.880 --> 00:43:43.480
it's it's so different from the kind
of acrimony you see today over things

552
00:43:43.519 --> 00:43:47.760
that are in some ways are not
nearly as nearly as monumental. I guess

553
00:43:47.800 --> 00:43:52.440
you would say I would like to
see it's not going to happen, but

554
00:43:52.480 --> 00:43:57.280
I would like to see. That's
why I don't like seeing this stupid argument

555
00:43:57.320 --> 00:44:00.880
by people like Tribe and those other
people, because all it's doing is fanning

556
00:44:00.920 --> 00:44:06.920
the flames of animosity worse, when
we really should be thinking about how do

557
00:44:07.039 --> 00:44:09.039
we have any common ground anymore?
Is the only common ground going to be

558
00:44:09.119 --> 00:44:13.119
we hate Trump and that's how we
move forward? I mean, that's almost

559
00:44:13.119 --> 00:44:17.400
seems like where we are. Okay. By the way, my favorite one

560
00:44:17.400 --> 00:44:21.960
of my favorite quotes about the Civil
Wars from Churchill who said the Civil War

561
00:44:22.119 --> 00:44:27.599
was the last war fought between gentlemen, which I think is good. Yeah,

562
00:44:27.599 --> 00:44:30.079
and when he had in mind those
surrender ceremonies that he referenced anyway,

563
00:44:30.239 --> 00:44:35.000
I can't read them without crying.
You know, they're so moving. So

564
00:44:35.559 --> 00:44:42.719
we'll take a quick break. I
want to get off that topic, but

565
00:44:42.760 --> 00:44:45.360
I do want to ask you guys
two questions about some some things that came

566
00:44:45.360 --> 00:44:50.679
down and believe it was just yesterday. First of all, Letitia James,

567
00:44:50.840 --> 00:44:57.199
Attorney General in New York. You
know, don't do it. I won't

568
00:44:57.199 --> 00:45:04.199
do it. Is asking for summary
judgment against Donald Trump. Were you aware

569
00:45:04.199 --> 00:45:07.880
of that? Did you see that
article. So she's asking that that the

570
00:45:07.119 --> 00:45:14.119
you know, the whole thing about
that he committed fraud by overvaluing his assets

571
00:45:14.239 --> 00:45:17.559
to the bank so that he could
get loans, and the harm and done

572
00:45:17.760 --> 00:45:23.760
on this was so great that she's
asking the court to the judge to issue

573
00:45:23.800 --> 00:45:28.679
summary judgment against Trump. I'm going
to try to remember, so two hundred

574
00:45:28.679 --> 00:45:34.800
and fifty million dollars fine. He
can never do business in New York for

575
00:45:34.920 --> 00:45:37.840
a length of time I want to
say X number of years. I forget.

576
00:45:37.519 --> 00:45:42.880
Neither of the Trump boys can do
business, nor can they serve on

577
00:45:42.960 --> 00:45:51.719
any New York based corporations boards.
She's asking for summary judgment. Seems crazy

578
00:45:51.760 --> 00:45:53.840
to me, But what do I
know? Yeh oh, well, just

579
00:45:53.920 --> 00:45:59.840
like it's just summary judgment just as
a legal thing, which means you think

580
00:45:59.840 --> 00:46:02.360
the cases so obviously don't even really
need to have a trial on the facts,

581
00:46:04.119 --> 00:46:08.280
which, given the claims here,
seems just so ridiculous. So that's

582
00:46:08.559 --> 00:46:13.840
one. And then second, gosh, even if the facts are true,

583
00:46:14.519 --> 00:46:20.480
Latica Change sure is giving the Trump's
a good Eighth Amendment claim to Channel Channel

584
00:46:20.639 --> 00:46:27.400
challenge the whole thing on excessive fines
and punishments claus to borrow all people from

585
00:46:27.440 --> 00:46:30.599
doing business in a state and two
hundred and fifty million dollars in damages for

586
00:46:31.239 --> 00:46:37.880
what is allegedly, uh, you
know, bookkeeping shenanigans. That seems which

587
00:46:37.960 --> 00:46:43.639
And then never anywhere does she allege
any actual harm. She says the taxpayers

588
00:46:43.639 --> 00:46:46.159
were harmed. But I'm not sure
how she would even make that argument,

589
00:46:46.679 --> 00:46:50.239
because I mean, the people who
are harmed are the banks, right right,

590
00:46:50.599 --> 00:46:52.840
and they're not bringing one place and
they should be the banks. Yeah,

591
00:46:52.960 --> 00:46:55.360
so that was the thing. When
the thing too on, I promise

592
00:46:55.400 --> 00:47:01.880
will be over. I just wondered
if you saw that Raffinsburger testified Mark Meadows.

593
00:47:01.920 --> 00:47:06.599
You know, one of the co
conspirators in the Georgia state trial,

594
00:47:07.280 --> 00:47:10.760
is alleging that it should be moved. The trial needs to be moved to

595
00:47:12.000 --> 00:47:15.599
federal courts, because this, of
course is not a state issue. I

596
00:47:15.599 --> 00:47:17.519
don't understand all those arguments. I'm
sure you do, John, But in

597
00:47:17.559 --> 00:47:23.159
the course of arguing this, he
brought in Brad Raffensburger, who actually,

598
00:47:25.280 --> 00:47:30.239
what would you say? He affirmed
Trump's version of the infamous phone call where

599
00:47:30.280 --> 00:47:37.400
Trump was not asking Raffensburger to find
eleven thousand plus votes. He was asking

600
00:47:37.639 --> 00:47:42.679
it was part of a whole settlement
thing, and that you know, the

601
00:47:42.679 --> 00:47:45.840
whole legal thing is is No,
this was perfectly appropriate. It was a

602
00:47:45.920 --> 00:47:50.119
part of a longer situation that was
going on. Whether Trump was right to

603
00:47:50.199 --> 00:47:53.639
ask that is not, you know, factually correct about the situation. But

604
00:47:53.800 --> 00:48:00.519
Raffensburger has come out and said no, Trump's call was perfectly legitimate, perfectly

605
00:48:00.639 --> 00:48:06.800
legally legitimate. Does that do anything
to the entire conspiracy theory in your opinion?

606
00:48:06.880 --> 00:48:08.480
Or can they still sort of get
Trump on the fact that maybe an

607
00:48:08.480 --> 00:48:15.519
election worker said something that they weren't
supposed to say to somebody, insulted somebody.

608
00:48:15.559 --> 00:48:20.199
I know that that's one of the
supposed I don't know anyways, correct

609
00:48:20.320 --> 00:48:24.559
my memory, But does this sound
like Raefnsburger has completely changed his position because

610
00:48:24.920 --> 00:48:30.039
wasn't he taping the call? And
then didn he come out making the claim

611
00:48:30.079 --> 00:48:34.639
that Trump was coercing him to find
eleven thousand votes and that this was not

612
00:48:34.880 --> 00:48:39.199
I mean an innocent call where he
was just complaining or saying they had evidence

613
00:48:39.239 --> 00:48:44.199
of lots more so they you know, one hundred thousand. I'm not sure

614
00:48:44.239 --> 00:48:46.800
that he actually did that. I
think that that was the way the Washington

615
00:48:46.880 --> 00:48:52.360
Post spun it. I don't think
Raevensburger was ever actually on that position.

616
00:48:52.400 --> 00:48:55.039
I don't think he's been terribly vocal
about it one way or the other.

617
00:48:55.079 --> 00:48:59.719
But now he's under run. But
then why did he tape the call in

618
00:48:59.800 --> 00:49:04.639
the first place and release it to
them unless you wanted to show you were

619
00:49:04.920 --> 00:49:08.079
right. If if his account is
correct, then he should never have made

620
00:49:08.079 --> 00:49:10.960
this public in the first place.
You know, I'm sure candidates complain all

621
00:49:12.000 --> 00:49:15.559
the time to Secretary of States about
this or that, but putting that aside,

622
00:49:15.559 --> 00:49:21.079
this removal things also goes to this
earlier question. In a way,

623
00:49:21.119 --> 00:49:25.159
the same principles are at stake is
with the disqualification issue. The reason that

624
00:49:25.199 --> 00:49:30.039
removal provision removal just means moving from
state court to federal court thereas and that's

625
00:49:30.039 --> 00:49:36.679
in there is because we have concerns
if state officials start prosecuting federal officials because

626
00:49:36.679 --> 00:49:39.039
they don't like the policies of the
federal government. You could see this have

627
00:49:39.119 --> 00:49:43.880
been, of course, a big
concern before the Civil War. Remember you

628
00:49:43.920 --> 00:49:50.159
of the nullification crisis, where South
Carolina was essentially trying to stop the right

629
00:49:50.199 --> 00:49:54.039
the implementation of a federal tariff.
So you could see in the year since

630
00:49:54.079 --> 00:50:00.159
that as a federal government, you'd
be very concerned about the states using their

631
00:50:00.239 --> 00:50:05.679
legal systems to try to block federal
policies and so, but this is a

632
00:50:05.840 --> 00:50:09.119
this whole thing is a concession to
federalism because it doesn't end the lawsuit.

633
00:50:09.199 --> 00:50:13.719
All of says is the you know, Fanny Willis can still bring her charges,

634
00:50:13.840 --> 00:50:16.320
she can still conduct the prosecution,
she just has to do it before

635
00:50:16.360 --> 00:50:22.159
a federal judge rather than before a
state judge. So I say it's actually

636
00:50:22.199 --> 00:50:25.559
this removable provision is a compromise,
doesn't try to create immunity, which is

637
00:50:25.599 --> 00:50:30.000
what Mark Mute Meadows is probably going
to claim for the official So I think

638
00:50:30.039 --> 00:50:38.079
the way the Raffisberger thing ties in
sorry for getting into legal weeds here is

639
00:50:39.960 --> 00:50:45.760
for Trump and Meadows, I think
to win in the removal and ultimately win

640
00:50:45.840 --> 00:50:49.519
in the case, they want to
show that what they were doing in Georgia

641
00:50:50.039 --> 00:50:52.840
was not about being a candidate for
office. If he's a candidate for office,

642
00:50:53.480 --> 00:50:58.400
then he's theoretically a private citizen,
and if he's a private cistan,

643
00:50:58.440 --> 00:51:01.719
he has no right to remove the
case they'll ultimately have no claim of immunity.

644
00:51:02.719 --> 00:51:06.440
But Trump and Meadows are going to
claim I think that they were not

645
00:51:06.519 --> 00:51:09.400
acting as Trump the candidate. They
were acting as Trump the president, who

646
00:51:09.840 --> 00:51:15.440
has a legal and constitutional obligation to
make sure federal laws carried out in federal

647
00:51:15.480 --> 00:51:20.840
law prohibits fraud in an election.
It's almost as if Trump in a sense,

648
00:51:20.880 --> 00:51:22.840
what they're going to argue, it's
as if Trump were in a second

649
00:51:22.920 --> 00:51:27.199
term and he wasn't even on the
ballot. He's just trying to make sure

650
00:51:27.239 --> 00:51:30.679
that the election was carried out properly. If that's true, then he will

651
00:51:30.719 --> 00:51:34.440
be able to remove it, I
think, and he might actually have a

652
00:51:34.519 --> 00:51:39.159
plausible claim for immunity from prosecution by
the States because they were carrying out,

653
00:51:39.360 --> 00:51:44.719
you know, legitimate federal function.
But that's, you know, that's the

654
00:51:44.840 --> 00:51:49.679
key, that's the key thing on
which this whole thing turns. I don't

655
00:51:49.719 --> 00:51:52.880
remember exactly all of the details from
back then, John, but I do

656
00:51:52.000 --> 00:51:59.559
recall that there was a lot of
interpretation of what that call meant. And

657
00:51:59.599 --> 00:52:04.079
I don't know how often the entire
phone call, the entire recording of the

658
00:52:04.079 --> 00:52:07.360
phone call, was actually played.
It was cherry picked and it was cherry

659
00:52:07.360 --> 00:52:10.119
picked by the media to make it
look as bad as possible. I don't

660
00:52:10.119 --> 00:52:14.079
know if that excuses anything, but
I just thought i'd point that out.

661
00:52:14.480 --> 00:52:17.000
Even Turley says that, you know, Don'tthan's coming out and saying, look,

662
00:52:17.039 --> 00:52:20.280
there's nothing wrong with the call.
If you listen to the whole call,

663
00:52:20.679 --> 00:52:22.400
it's a perfectly legitimate thing. It
might have been ill advised, but

664
00:52:22.440 --> 00:52:25.840
it was not illegal. It was
not. This is why no crime involved.

665
00:52:25.920 --> 00:52:30.440
Yeah, this is why Fanny Willis
needs to make this outrageous charge at

666
00:52:30.440 --> 00:52:35.400
the whole campaign is a criminal conspiracy, because if you look at what if

667
00:52:35.400 --> 00:52:39.039
you took that away and you had
and she had to charge Trump on individual

668
00:52:39.119 --> 00:52:43.480
crimes, it's hard. It's hard
to prove them. This is one.

669
00:52:43.639 --> 00:52:46.000
This is one of the central claims
in her and I guess that was my

670
00:52:46.079 --> 00:52:50.719
question at the beginning. If this, if this claim is debunked, what's

671
00:52:50.800 --> 00:52:55.039
left. Well, they're still going
to say and she's still going to say

672
00:52:55.079 --> 00:53:00.400
he's part of He's the leader,
right, he's the dawn of this huge

673
00:53:00.440 --> 00:53:02.800
conspiracy. I know, But but
doesn't there at least have to be a

674
00:53:02.840 --> 00:53:07.880
crime, even if it really is
a you know, somebody Jay walked and

675
00:53:07.920 --> 00:53:09.519
you can. Yeah. I mean
she's going to say, oh, well,

676
00:53:09.960 --> 00:53:14.920
you know, the appointment of these
alternate electors was uh, then it

677
00:53:14.920 --> 00:53:20.159
gets almost silly forgery plus impersonating a
state officer. You know, that's really

678
00:53:20.199 --> 00:53:22.519
that's why she has That's why in
the end, I think this, I

679
00:53:22.519 --> 00:53:27.480
think it's an outrageous claim, but
the claim of the election campaign being a

680
00:53:27.559 --> 00:53:31.400
huge conspiracy is critical for her because
when you look at the little pieces,

681
00:53:31.840 --> 00:53:36.079
they start to fall apart, and
so she needs to be able to sort

682
00:53:36.079 --> 00:53:38.480
of aggregate all these little things in
order to build up to some kind of

683
00:53:38.480 --> 00:53:42.960
big conspiracy. I see what.
You know, that totally makes sense when

684
00:53:42.960 --> 00:53:45.920
you're going after an organized crime group
where there is you know, Michael Corleone

685
00:53:45.960 --> 00:53:51.199
who's just giving instructions to underlings who
then carry them out. So it's hard

686
00:53:51.239 --> 00:53:53.559
to ever show the head of the
crime family actually did anything. But to

687
00:53:53.599 --> 00:53:57.440
say a campaign is like that,
you know, that's a you know,

688
00:53:57.599 --> 00:54:00.519
I think that's a serious problem under
the First Amendment, among other things,

689
00:54:00.679 --> 00:54:05.239
not to mention the political problems.
Okay, so that we don't go on

690
00:54:05.440 --> 00:54:07.480
with this forever, and Steve will
start yelling at me, you know,

691
00:54:07.519 --> 00:54:15.679
because he likes to do that.
I'm going to segue into another area where

692
00:54:15.719 --> 00:54:22.679
the Left is using what I would
call illegitimate means to affect their their political

693
00:54:22.800 --> 00:54:25.360
preferences, their policy preferences, and
that's in the Supreme Court, in this

694
00:54:25.440 --> 00:54:32.159
whole silly nonsense about ethics. So
before we get to John on this one,

695
00:54:32.360 --> 00:54:37.800
the even Republicans in the Senate are
starting to say things like, well,

696
00:54:37.880 --> 00:54:44.079
maybe they need on the Supreme Court
some kind of ethics rules, buying

697
00:54:44.159 --> 00:54:50.960
into the stupid argument that only the
Supreme Court isn't required to bide by ethic

698
00:54:51.079 --> 00:54:54.400
rules, ethics rules, all the
other federal branches of government. Everybody has

699
00:54:54.440 --> 00:54:58.880
to blah blah blah. But of
course, you know, nobody's going after

700
00:54:58.960 --> 00:55:01.480
Kay again, nobody's going after any
of the liberal justices. They're going after

701
00:55:01.559 --> 00:55:07.880
Clarence Thomas, primarily, of course, because Clarence Thomas is the most successful

702
00:55:08.079 --> 00:55:14.400
powerful voice for conservatism on the Court. And he's, of course even worse

703
00:55:14.440 --> 00:55:20.000
than that. He's everything the left
despises. He's not a you know,

704
00:55:20.079 --> 00:55:25.119
he's not an obsequious black person screaming
about critical race theory. He's instead standing

705
00:55:25.199 --> 00:55:29.119
up for the rule of law and
the principles of the American Founding, et

706
00:55:29.119 --> 00:55:31.440
cetera. So they hate him.
They hate him, and he isn't,

707
00:55:31.519 --> 00:55:37.199
you know, it wasn't born to
a rich family with long ties to the

708
00:55:37.239 --> 00:55:42.440
Mayflower. He's you know, definitely
from a poor man, poor family in

709
00:55:42.480 --> 00:55:45.480
the segregated South. He's everything they
despise because he doesn't do what they want

710
00:55:45.559 --> 00:55:49.079
him to do. So tell me
why you think about that, John,

711
00:55:49.079 --> 00:55:52.159
What about this whole fight against Clarence
Thomas and what's your role in it?

712
00:55:54.480 --> 00:55:59.159
So you might have seen that,
I think about one hundred and twenty is

713
00:55:59.199 --> 00:56:05.000
it now, of Justice Thomas's former
clerks of which I'm of whom which I'm

714
00:56:05.039 --> 00:56:12.360
one, signed this group letter defending
his judicial ethics. You have addition,

715
00:56:12.920 --> 00:56:16.440
I think three federal Pellet judges on
the letter, and you know, just

716
00:56:16.480 --> 00:56:22.079
a lot of people who've are very
distinguished in the law and politics saying that

717
00:56:22.119 --> 00:56:29.719
they don't think Justice Thomas did anything
wrong and that his judicial ethics were fine.

718
00:56:30.079 --> 00:56:37.599
He also just released his lawyer has
just released a comprehensive report about all

719
00:56:37.639 --> 00:56:45.119
of these claims, and by places
like Pro Publica and Senator White House and

720
00:56:45.599 --> 00:56:49.760
AOC you know, attacking him,
saying that he was in full compliance with

721
00:56:49.880 --> 00:56:53.639
the reporting rules for the Judicial Ethics. So gosh, it sees to me,

722
00:56:53.679 --> 00:56:57.559
of course that this is going on, as you point out lucretia,

723
00:56:58.199 --> 00:57:02.000
because we're really living now under the
Thomas Court, I think, much more

724
00:57:02.000 --> 00:57:07.320
than it's the Roberts Court, and
and in fact, I think it is

725
00:57:07.360 --> 00:57:13.840
scarier to the left than Scalia or
bork I mean, this is what we've

726
00:57:13.880 --> 00:57:16.599
argued about before, is because I
think Thomas has a more robust view of

727
00:57:16.639 --> 00:57:22.559
originalism that's tied to natural law.
And so I think that you didn't see

728
00:57:22.559 --> 00:57:30.960
this, for example, with Justice
Scalia, because I think the left weren't

729
00:57:30.039 --> 00:57:37.000
as afraid of a sort of neutral
value free originalism. But I think they're

730
00:57:37.079 --> 00:57:44.320
really worried about the idea of an
originalism tied to natural law principles. You

731
00:57:44.360 --> 00:57:49.480
know, Steve and I are teaching
a class on constitutional interpretation, and you

732
00:57:49.559 --> 00:57:52.199
know we were talking about these differences, and we're going to talk about it

733
00:57:52.320 --> 00:57:59.400
more in our next next class sessions. But if you were conservative, essentially

734
00:57:59.440 --> 00:58:02.599
what they should. But I think
the left is really worried about is someone

735
00:58:02.679 --> 00:58:07.519
like Jorkin, someone who thinks it's
okay to interpret the Constitution and put in

736
00:58:08.400 --> 00:58:13.679
liberal values. Right, this was
a defensive rows. Basically, let's take

737
00:58:13.760 --> 00:58:16.360
John Rawls and import them into the
Constitution. But what happens if you have

738
00:58:16.400 --> 00:58:22.480
a conservative majority and they want to
use the Constitution to import conservative values.

739
00:58:22.119 --> 00:58:27.519
I think this is this explains the
freak out on the part of the left.

740
00:58:27.920 --> 00:58:30.360
But they're doing it. Here's my
last point about this as interesting is

741
00:58:30.519 --> 00:58:35.920
they're not really putting up much of
a fight on the court themselves. I

742
00:58:37.679 --> 00:58:42.000
find the progressive left on the Supreme
Court in the lower courts still still searching

743
00:58:42.119 --> 00:58:46.480
for some kind of ideology to replace
the warrant court activism they loved so well.

744
00:58:47.000 --> 00:58:52.840
And so you don't see, to
me anyway really persuasive resistance or criticism

745
00:58:52.519 --> 00:58:57.239
in the descents on the court.
So they've gone in this kind of jiu

746
00:58:57.360 --> 00:59:01.360
jitsu move to try to make it
all about personal ethics rather than on the

747
00:59:01.400 --> 00:59:05.239
merits. Even want to get your
opinion. I just want to make a

748
00:59:05.320 --> 00:59:10.920
quick comment that that probably has as
much to do with our affirmative action appointments

749
00:59:12.000 --> 00:59:15.280
onto the left wing of the course
as it does with failing to find any

750
00:59:15.360 --> 00:59:22.440
kind of ideological underbearings that they could
bring to bear if you get my point.

751
00:59:22.519 --> 00:59:29.440
In other words, only Kagan's even
capable of that kind of sustained ideological

752
00:59:29.519 --> 00:59:32.079
comeback, shall we call it.
The other two are incapable. They're just

753
00:59:32.280 --> 00:59:36.119
hacks. Go ahead, and one
more point about that. And so what's

754
00:59:36.159 --> 00:59:39.079
interesting when you read their opinions.
Kagan's opinions are really kind of like,

755
00:59:39.599 --> 00:59:46.559
well, you guys aren't really being
true to value free conservative originalism or textualism.

756
00:59:46.599 --> 00:59:50.960
There's no you know, it's just
sort of like there's no here's the

757
00:59:51.000 --> 00:59:53.239
alternative, right, There's there's none
of that. And that's why that's why

758
00:59:53.280 --> 00:59:57.760
I find their opinions disappointing. Yeah, I think the bad faith in the

759
00:59:57.800 --> 01:00:01.920
lap on the whole business can be
summarized in and two nominees and one senator,

760
01:00:02.000 --> 01:00:07.360
And that senator was Joe Biden.
So in the Bork confirmation hearings where

761
01:00:07.400 --> 01:00:09.840
he led the opposition after saying that
Reagan sent up Bork, he'd have to

762
01:00:09.880 --> 01:00:13.880
vote for him, and then he
changed his tune after the left got after

763
01:00:13.960 --> 01:00:17.760
him. He made an argument against
Bork that essentially reduced to you don't believe

764
01:00:17.800 --> 01:00:22.800
in natural law? Do you judge
Burke? Which was accurate. Then Clarence

765
01:00:22.800 --> 01:00:24.880
Thomas came up and Biden did a
one eighty and said, you believe in

766
01:00:24.960 --> 01:00:29.320
natural law, we can't have that, although he did write this article which

767
01:00:29.360 --> 01:00:32.320
you can find in the Washington Post
before the hearings began, where Biden maybe

768
01:00:32.320 --> 01:00:35.639
we got to find this for class. Biden tried to lay out, well,

769
01:00:36.280 --> 01:00:38.920
we'll take this up. There's good
natural law and there's bad natural law.

770
01:00:39.400 --> 01:00:44.119
You know, good natural law was
you know, find discovering rights under

771
01:00:44.119 --> 01:00:46.199
the ninth Amendment maybe for you know, good marriage or so that team later,

772
01:00:46.280 --> 01:00:50.679
but whereas you know, you believe
in property rights. I think you

773
01:00:50.719 --> 01:00:55.519
might remember Biden opened the hearing by
waving around Richard Epstein's book Takings, which

774
01:00:55.559 --> 01:01:00.360
was then the big sensation, and
essentially asking Thomas, are you now or

775
01:01:00.360 --> 01:01:02.320
have you ever been a reader of
this book. It was unbelievable. But

776
01:01:02.400 --> 01:01:06.360
you can see it's trying to have
it both ways, you know. So

777
01:01:06.679 --> 01:01:09.679
there you go. The point is
is that one of many points is to

778
01:01:09.760 --> 01:01:14.000
summarize what you just said, John, is they don't have a foundation anymore

779
01:01:14.039 --> 01:01:19.079
for their jurisprudence. They have the
results they want their policy making judges and

780
01:01:19.800 --> 01:01:22.840
the you know, our team.
So to speak, has been as sailing

781
01:01:22.880 --> 01:01:25.960
that for decades now, and it's
finally reaching some results and laying out some

782
01:01:27.000 --> 01:01:29.280
doctrines, and they don't know what
to do because they don't really have any

783
01:01:29.320 --> 01:01:32.440
of their wrong and I would make
one. So I always, you guys

784
01:01:32.440 --> 01:01:38.119
will recall I always give Steve a
very hard time for his optimism because when

785
01:01:38.159 --> 01:01:43.119
he talks about conservative victories, this
is why and it's not. I mean,

786
01:01:43.480 --> 01:01:45.920
he's right in a sense. He'll
say, oh, but this happened

787
01:01:45.920 --> 01:01:49.599
in nineteen ninety blah blah blah blah
blah, and it was a victory for

788
01:01:49.599 --> 01:01:52.679
the conservative side. Of my argument
back is it's always on the part of

789
01:01:52.679 --> 01:01:57.480
the left, three steps forward and
if we're lucky, a half a step

790
01:01:57.480 --> 01:02:00.719
back for conservatives when they take a
stand and you know, try to do

791
01:02:00.800 --> 01:02:07.159
something. What's different about Clarence Thomas. We saw it in his concurring opinion

792
01:02:07.199 --> 01:02:09.559
in the Dobs case. We saw
it even in his concurring opinion in the

793
01:02:09.639 --> 01:02:14.480
Harvard case, is that he is
willing to look at some of these things

794
01:02:14.480 --> 01:02:17.800
and say, not only are we
just going to say stop, You're not

795
01:02:17.880 --> 01:02:22.559
going to go forward anymore with this
inventing of rights, from the Ninth Amendment

796
01:02:22.679 --> 01:02:24.880
and the emanations and conumbers and all
of that. But we're going to actually

797
01:02:24.960 --> 01:02:30.360
go back and look at some of
these other decisions at the courts have made

798
01:02:30.440 --> 01:02:36.719
in the past and not necessarily overturned
the outcome, but ground them in the

799
01:02:36.800 --> 01:02:43.239
appropriate constitutional principle, the appropriate constitutional
principle informed by natural law as our founders

800
01:02:43.320 --> 01:02:46.159
understood it. That I think scares
them much more, like you say,

801
01:02:46.199 --> 01:02:52.000
than something like the originalism of Scalia, because you know, part of that

802
01:02:52.079 --> 01:02:57.679
originalism by Scalia also had great respect
for precedent, all of the you know

803
01:02:57.760 --> 01:03:01.840
that's a conservative value. Sorry for
the use of that word, but to

804
01:03:02.519 --> 01:03:07.880
respect precedent because that, of course
you knew, gives the integrity and the

805
01:03:07.920 --> 01:03:12.960
kind of authority to the court except
all those things, et cetera. Thomas

806
01:03:13.000 --> 01:03:15.960
is willing to say no to that
nonsense. And the Court's been wrong so

807
01:03:16.000 --> 01:03:22.480
many times, not necessarily. How
the outcome of a case Brown plus not

808
01:03:22.519 --> 01:03:25.760
plus excuse me, a Loving versus
Virginia. I don't think he includes that

809
01:03:25.800 --> 01:03:30.679
because it's not a due process case
some of the others. But let's look

810
01:03:30.679 --> 01:03:36.519
at this and say, you know, the court aired, and let's reground

811
01:03:36.719 --> 01:03:42.559
our jurisprudence on something solid. And
you know that's scary because that doesn't that's

812
01:03:42.639 --> 01:03:49.119
not the argument between say we'll put
our opinions into the constitution, our ideology

813
01:03:49.119 --> 01:03:52.119
into the constitution. When we're empower
and we'll put our ideology into the constitution,

814
01:03:52.239 --> 01:03:55.079
we're empower one side versus the other. This is no, let's let's

815
01:03:55.079 --> 01:03:59.800
return to what the Constitution really means
and stop talking about this from an ideal,

816
01:03:59.800 --> 01:04:03.239
logical, hackery point of view.
That's my opinion. Sorry I got

817
01:04:03.239 --> 01:04:08.840
off on a tangent. But do
you think that's true about Thomas John Well?

818
01:04:08.880 --> 01:04:14.880
I think you actually see the results
now. So just some examples.

819
01:04:16.800 --> 01:04:19.760
You know, he's the only one
on the Dobbs Court who was around for

820
01:04:19.840 --> 01:04:25.960
Casey, so for thirty years he
was, you know, saying Roe versus

821
01:04:25.960 --> 01:04:30.000
Wade ought to be overturned. And
then the Bruin case from last year,

822
01:04:30.039 --> 01:04:32.880
the Second Amendment case, he was
the one who ten fifteen years ago was

823
01:04:32.920 --> 01:04:36.639
saying, what even though we've said
that there's an industry right to bear arms,

824
01:04:36.880 --> 01:04:40.960
we treat it like a second class
right and we need to re examine

825
01:04:41.000 --> 01:04:44.760
that and we need and then Bruin
says we need to look at the kind

826
01:04:44.800 --> 01:04:49.880
of firearm regulations that existed at the
time in seventeen ninety one or eighteen sixty

827
01:04:49.960 --> 01:04:55.719
eight to measure the ones of today. And then of course affirmative action.

828
01:04:56.519 --> 01:04:59.880
He's been in the descent for a
long time on a lot of these issues

829
01:05:00.880 --> 01:05:02.800
on originalist ground. In fact,
the affirmative action case, you guys are

830
01:05:02.880 --> 01:05:09.519
like the best because his first his
first opinion about it, I think,

831
01:05:09.639 --> 01:05:13.880
was a case where I was in
a term I click called a case was

832
01:05:13.880 --> 01:05:20.559
called Aderrand, which banned use surveys
from government contracts, and he quoted the

833
01:05:20.599 --> 01:05:26.159
Declaration of Independence, not for rhetorical
purposes, but actually as a source of

834
01:05:26.280 --> 01:05:30.800
law on a par with the Constitution. And I think he's the first justice

835
01:05:30.880 --> 01:05:34.239
maybe still the only justice who's ever
done that. And so you could see

836
01:05:34.239 --> 01:05:39.960
he's got the long game in mind, and he's consistent about identifying these principles

837
01:05:40.039 --> 01:05:44.599
from the first, you know,
first things, and he sticks to him.

838
01:05:44.679 --> 01:05:48.760
And the thing I think that really
triggers these attackses he's you know,

839
01:05:48.800 --> 01:05:55.400
he's sort of he's been victorious now
these last two years on it, when

840
01:05:55.440 --> 01:05:59.280
people might have thought in the beginning, well, no one's ever going to

841
01:05:59.360 --> 01:06:02.159
do that, and the Court's never
going to take that position. But now

842
01:06:02.199 --> 01:06:06.679
after thirty years, they are,
Yeah, I mean remember that. You

843
01:06:06.679 --> 01:06:11.239
know, Stephen Douglas told Lincoln declaration
and it has no legal force, and

844
01:06:11.280 --> 01:06:15.239
Lincoln's response was, well, I
notice the declaration is at the beginning of

845
01:06:15.639 --> 01:06:17.360
the federal statute books. If it
has no meaning, then we should tear

846
01:06:17.400 --> 01:06:20.559
it out, shouldn't we. So
Thomas has taken that point. So it's

847
01:06:20.559 --> 01:06:25.639
still in our federal statute books,
right, So it's has to have some

848
01:06:25.760 --> 01:06:28.840
legal meaning of some kind if we're
going to include in statute books. It

849
01:06:28.880 --> 01:06:32.199
seems to this simple minded person,
Steve's giving me the evil eye, even

850
01:06:32.239 --> 01:06:36.880
though I have way more subjects that
I wanted to get to. Fortunately for

851
01:06:36.920 --> 01:06:42.039
all of you, I will leave
aside Lucretia's favorite subject, how the Pentagon

852
01:06:42.239 --> 01:06:49.480
is going to have a new website
releasing UFO Information of God, and and

853
01:06:49.519 --> 01:06:54.400
we'll have to leave for next time
our discussion of our favorite book. But

854
01:06:54.480 --> 01:06:59.000
it's going to be if we're going
to discuss our favorite nonfiction books, we're

855
01:06:59.000 --> 01:07:03.400
going to start with ec Era.
Okay, get prepared for that. In

856
01:07:03.440 --> 01:07:10.360
the meantime, Steve has Steve wants
to tell us a little bit about his

857
01:07:10.639 --> 01:07:15.800
hypo hypo hype theoretical. Oh I
already did that with the I know,

858
01:07:15.639 --> 01:07:19.159
but tell us why? Oh yeah, well that was the latest utterance of

859
01:07:19.199 --> 01:07:23.960
the Jean Jean Pierre, Paul Claude
Sard whatever we call her, right,

860
01:07:24.519 --> 01:07:26.800
the person the person you call mamba. You're right, she said the other

861
01:07:26.920 --> 01:07:30.719
day in responsible question, I don't
get into hype theoreticals. I thought that's

862
01:07:30.719 --> 01:07:35.400
a George W. Bush Worthy malapropism. You know, up there was strategicy.

863
01:07:36.000 --> 01:07:40.559
So I just enjoyed it. You
know, it's uh you expect that

864
01:07:40.599 --> 01:07:45.199
from Kamela Harris. You know that's
uh so yeah. And so, speaking

865
01:07:45.239 --> 01:07:47.239
of Kamela Harris, do you have
one for us? I do. It's

866
01:07:47.239 --> 01:07:53.079
a very short one, but I
do. I do like it. So

867
01:07:53.719 --> 01:07:59.360
this is from a few weeks ago. Kamala Harris was leading a I mean,

868
01:07:59.360 --> 01:08:01.960
you can't already tell what's gonna know, they're gonna be problems. She's

869
01:08:02.079 --> 01:08:08.119
leading a round table with labor and
civil rights leaders to talk about new technology,

870
01:08:08.239 --> 01:08:15.920
and so she was addressing artificial intelligence. Quote. I think the first

871
01:08:15.920 --> 01:08:18.920
part of this issue that should be
articulated is AI is kind of a fancy

872
01:08:18.960 --> 01:08:24.000
thing. First of all, it's
two letters. It means artificial intelligence.

873
01:08:24.520 --> 01:08:32.039
But ultimately what it is is it's
about machine learning. I will spare you

874
01:08:32.239 --> 01:08:36.439
her this position then on what machine
learning is. But it's well worth reading,

875
01:08:38.199 --> 01:08:42.880
or maybe it's not. Yeah,
today I will tell us according to

876
01:08:42.920 --> 01:08:47.119
her, thank you. Oh,
I don't even know what to say to

877
01:08:47.159 --> 01:08:49.760
that. So I'm minute. I'm
going to bring up just a couple of

878
01:08:49.800 --> 01:08:56.119
Babylon bees that are very timely inappropriate
for our podcast today. The first one,

879
01:08:56.520 --> 01:09:03.159
Mitch McConnell links twice to signal his
resignation. You know it's bad,

880
01:09:03.239 --> 01:09:06.880
it's bad. And then the last
one, because I go on too long

881
01:09:06.880 --> 01:09:12.479
with these, not that they're not
good, retired doctor Fauci, otherwise known

882
01:09:12.520 --> 01:09:16.800
as mister Science. To you people
called out of retirement for one last mask

883
01:09:16.920 --> 01:09:21.319
man, Nate, Well, that's
not that could be true in a bit,

884
01:09:21.680 --> 01:09:27.239
and careful. Most of them do
come true, Steve, Yeah,

885
01:09:27.359 --> 01:09:31.000
that's rights the problem. Most of
them do come true. Uh, John,

886
01:09:31.239 --> 01:09:36.359
do you want to send us out? Yeah? Sure, so always

887
01:09:36.439 --> 01:09:43.640
drink your whiskey meat. Let's go, Brandon and Steve, God save the

888
01:09:43.720 --> 01:10:43.640
Queen Man. Thanks you guys,
seeing it all right. Ricochet joined the conversation