WEBVTT

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Well, whiskey, come and take
my pay money all, Oh whiskey,

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don't you let me? From power
Line 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 power Lines International
Woman of Mystery Lucretia. Have you

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gotta giving? Let that whiskey bloon
when you're being in love down and low.

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Welcome everybody to the three Whiskey Happy
Hour. This is a very very

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very special edition tonight. I don't
know why, but just because I'm going

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to band back together. Yeah,
that too, That's part of I was

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gonna say all the reasons, dread, I wanted it to be a very

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special edition. But it's so great
to see John, except that John of

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course is again out partying in a
hotel without sufficient bandwidth, so we can't

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see his face because his video is
too choppy. So he is back from

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Egypt. It's a good thing in
Egypt. Who said I was in Egypt?

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I Biden? Biden said you were
in Egypt. Yeah, you were

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down in Mexico. But you know, in Mexico it's also a difference,

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right, yeah, exactly. I'll
tell you one way probably thinks were in

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the middle of the War of eighteen
forty eight. That's with Midrands as commanding

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general. But you know how you
can tell John's back from somewhere, John

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is McDonald's stock rally this week,
because you know it's last week while you

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were gone. So down one hundred, No, just just a lot.

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I didn't say a hundred, it
was just down a bunch. So actually

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they said that the reason that the
stock fell was because the uh oh,

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the corporate people admitted that their prices
had gone way way up. I guess

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because they admitted it, then their
stock fell. I don't understand how that

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worked. Oh no, no,
I thought you guys would have liked this

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story. So I read a story
while it was in Mexico. Actually from

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that said Starbucks and McDonald's said that
they were the subject of boycott's and misunderstandings

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about their position on the war in
Gaza. Right, yeah, yes,

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because is this right? The McDonald's
in Israel are giving free food to all

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the soldiers fighting. Made me want
to go there, and I did,

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and that's when I was disappointed.
But still yeah, but now they're walking

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it back, is what you're telling
me. John. No, they were

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saying that was the cause for some
of the loss because other people are not

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going to McDonald's anymore because they object
to what McDonald's Israel is doing. That's

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what I meant, Well, this
is for them. Those were the whole

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intersectionality business is breaking down because the
left hates McDonald's, right. It's you

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know, they had the Super Size
Me movie and you know, beef and

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all the rest of that. On
the other hand, so if they weren't

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cutting them or attacking them for some
tie to the Middle East, they'd be

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attacking them for something else. Which, by the way, who had the

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worst well, Biden had the worst
week. Maybe we'll come to that.

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Think of what it's like these days
to be a climate protester. You show

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up somewhere to block a road and
the moss protesters are already there and they've

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beaten you to the punch. So's
tough times for certain segments of the left

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right now. Actually, I turned
against McDonald's a long time ago after Ray

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Crook's widow. Oh yeah, what
ah. I can't use the word I

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want to use, and I can't
think of another one that would replace it.

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But how despicable is that to get
all that money from your husband's genius

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and then completely misuse it in ways
that he absolutely would be She became a

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big lefty donor. Uh in the
eighties she started giving seven figure contributions the

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Democratic National Committee and all kinds of
other left A good conservative at least a

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Nixon conservative, right, which is
you know those are pretty good these days.

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Yeah, anyway, enough of enough
of McDonald's. I had pizza tonight

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for dinner because it is National Pizza
Day. I heard that. Yeah.

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This is also I believe the fiftieth
anniversary of the Beatles on Ed Sullivan,

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which I never remember from my youth. But yeah, yeah, And we

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didn't even discuss the fact that the
other day it was a fiftieth anniversary of

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Blazing Saddles, Right, the best
movie ever made? Are you guys talking

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about things? Nobody who listens to
this show knows? Oh god, everybody

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there's There is nobody who listens to
the show who hasn't seen and loved Blazing

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Saddles. Upte you John, Yeah, I saw it once once. Yeah,

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I didn't think it was that funny. I thought it was funny,

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but I didn't understand why it was
such a why it's, you know,

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such a landmark in humor films.
So, first of all, John Blazing

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Saddles as cannon, which means you'
to study it and read it over and

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over again, like play those republic
and it gets better. And caddy shack,

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you know a caddy shack guy find
funnier. I find caddy shack funnier.

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Okay, I think we need to
do sort of top ten cannon movies

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for a future episode. Not right
now, but no, no, right

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now. But I don't even know
how you talk to somebody if you can't

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speak the language of Blazing Saddles exactly. That's right anyway, great game of

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life. Okay, I've got well
most of the things in Blazing Saddles.

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You can't stay on campus anymore.
Maybe that's the one I still say them.

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Gabby Johnson speaks authentic frontier gibberish.
It sounds like a faculty meeting anyway,

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does And I have often actually said
when I get asked some question by

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by faculty that you know, I
don't have the answer to because I'm only

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you know, mid level administration,
And I'll say, mongo, just pawna

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and just like you said Steve.
So I thought you were going to say,

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quick, we've got to do something
to save our phony loney jobs.

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That's one of the greatest Oh now
I would say, quick, you've got

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to do something and save your phony
baloney jobs. But okay, so ah,

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last week we never even got to
most of the important issues of the

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day, like, you know,
the start of World War three with the

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you know, the much too little, much too late bombing of drone attacks.

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Whatever. We're not even going to
have time to go there today either.

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But I just wanted the listeners to
know that all of us are actually

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cognizant of what's going on in the
Middle East, even if we don't spend

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a lot of time talking about it. Because this week had so much news.

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It started off with and I'm not
going to go in order, we're

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going to discuss se scenes. But
it started off with a whole bunch of

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really important things that we all knew
we were going to discuss, like the

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fact that the turtle looks like everything
I said he was, and worse,

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I'll come back to that because of
his by part is an immigration deal falling

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apart? And then he had to
bet I'm getting ahead of myself. There's

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all his news, and it just
kept rolling at us, and we were

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prepared to listen to our esteemed constitutional
law professor, who was in fact the

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Premier Amika's brief writer for the Colorado
case. Everybody on the court cited his

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arguments. They didn't necessarily sign him
by name, but there were John's arguments,

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and we want to hear what John
has to say about that. But

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it was a lot of I have
to give credit to Yeah, I have

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to give credit to my co author, Robert Della Hunty, who is a

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Claremont Institute fellow, by the way, because we wrote up these arguments back

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in May, a long time ago, because we saw the case coming and

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we raised I think several of the
arguments eventually got a lot of the attention

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at the court. I'm not saying
we invented them. I mean a lot

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of other people saw them and what
would have seen or would have seen them

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had we never written. But the
first one, theeenth fourteenth Amendments text,

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which says certain people who've had federal
or state office swore an oath to uphold

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the Constitution and then engagement insurrection cannot
then hold federal or state office. Again,

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that amendment lists all the offices that
it applies to, but doesn't mention

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the presidency. So I think that
got a lot of attention at the Court,

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even from liberal justice to Tanjie Brown
Jackson. Then the second thing which

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a number of justices focused on was
that the amendment itself doesn't define insurrection,

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doesn't provide a process or forum for
how you decide whether someone's committed insurrection.

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And so we made this argument back
almost a year ago, Congress should define

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insurrection, Congress should implement the amendment, which we often rely on Congress to

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do for lots of parts of the
Constitution. I think the fourteenth Amendment,

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which has a congressional authorization clause.
Sorry yes, exactly, Section five of

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the fourteenth Amendment says Congress shaw of
the power to carry in to affect the

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terms of the Amendment. And so
that I think actually got the attention of

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both liberal and conservative justices, because
otherwise, what happens you have fifty states,

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fifty states defining insurrection for themselves,
and fifty states deciding who gets to

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be on the ballot not on the
ballot. And keep in mind, the

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Fourteenth Amendment, even if it applies
to the president. The more important thing

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is it applies to basically every office
in the federal and state government in the

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country. So if Congress doesn't implement
it, then you're going to have states

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knocking off Sunday candidates, what else, candidates, you know, candidates for

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dog catcher. Every office is going
to be subject to this, and you

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can imagine this or chaost that would
create. So both liberal and conservative justices

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said, shouldn't this be implemented by
Congress so that we have a single definition

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of what's an insurrectionist, we have
a single process laid out for how someone

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gets to either you know, gets
to defend themselves from this kind of charge

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by the government. And I think
that's I think though both of those grounds

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are the ones that the Court's going
to go off on. I think,

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having listened to oral argument, I
don't know what you guys think, but

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it seems to me that Colorado is
going to lose, and lose overwhelmingly.

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The only question is whether it's going
to be unanimous. Yeah, and I

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think it's so to my or who
might go funny, I could see that,

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you know, because she's the only
one I think who didn't ask any

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questions that seemed critical of Colorado.
All other ah Justice most of their questions

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were sharply aimed at the Colorado.
And this was remarkable just as a matter

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of Supreme Court advocacy. The lawyer
for Colorado, this was his first time

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ever arguing case at the Supreme Court. This is not the kind of case

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you put the rookie out to play
the starting position in a major league baseball

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game. And I think he frankly
did a terrible job. You had three

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justices say to him, stop evading
my questions, stop changing my hypotheticals.

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And one and actually he Court for
Justice Gorsiction, and Gorsis got so frustrated

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he said, I see you're not
going to answer any of my questions.

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Well that's the way you want it. We're just going to move on now.

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That's really really harsh, Like that
is basically telling you to stop and

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take a pause and change your complete
approach to the argument. And this guy

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didn't. And so I think,
you know, a lot of time,

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the advocate doesn't matter. You know, the merits and the briefs are going

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to take their course. But if
there were a chance an advocate could make

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a difference, for his side.
This guy lost that chance. So why

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didn't they hire Michael bod and Michael
Paulson to present their case? Why didn't

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Colorado? Well they're both law professors, so they probably would have done even

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worse. But you know, you
they'll give the good question their dumb argument

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that everybody got excited about though,
you know, because they're conservatives and all

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that. But this is an interesting
question, is why didn't the Colorado side

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of things hire any one of the
number of outstanding liberal Supreme Court right advocates

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and like any of the number of
people who've been solicitor general under the Obama

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administration or even the Clinton administration.
They're still around there. They argued lots

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of several cases a year, these
guys, and they're excellent. So did

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I have a theory? I wonder
what you think about it. I saw

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a couple of articles. One began
talking about this ninety one year old woman

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who vote, who cried when in
nineteen sixty four when Goldwater lost the election,

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which is supposed to make us think, you know, she's some hardcore

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conservative who was one of the leading
plaintiffs in the Colorado case, you know,

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to get Trump off the ballot,
and there were a bunch of articles

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similar to that, trying to trying
really hard to make the case that this

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was these were conservative Republicans who were
arguing this rather than you know, crazy

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lefties. The same thing happened,
by the way, in Arizona with Katie

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Hobbs and Carrie Lake, where all
over the state of Arizona there were these

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billboards and there were these horrific ads
with these fat, ugly people where lifelong

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Republicans and we don't want Carrie Lake, we want Kadie Hobbs, and we're

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stupid, but we're stupid Republicans,
so you should listen to it. That's

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not what they said, but that's
what I heard anyway. I'm just wondering

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if that's the new if that is
sort of the central never Trump strategy,

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which is to try to say that
it's all these Republicans. I mean,

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you said yourself the guy was a
clerk for Garset. I don't know,

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well, you would have thought,
John that Seth, this is the perfect

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case for Seth Waxman, right,
who I think is probably actually I think

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he's so annoys Chief Justice Roberts.
It's probably a bad idea, but On

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the surface, you'd say, why
wouldn't you hire Seth Waxman to do this

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or someone like him? Right,
Yeah, there's like Verilli, who was

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this priser general under Obama won the
Obamacare case. And there's a whole bunch

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of others. Right, there's no
So that's curious. I think part of

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it is Lucretia's right. Maybe the
Democrats wanted to sort of have Republicans be

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the frontmen and women for this so
that it's seems like it's not Parson.

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Maybe the Progressives knew this was a
loser and they were just throwing this up

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as see how it worked a low
probability win. Well, I don't know.

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I mean, I think there's a
story arc for this week that's connected

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to a larger story arc, which
is one more thing about the oral argument.

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Though before I do my story arcs
about why we're seeing another instance of

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trunk dearrangements and Rome backfiring on the
never trumpers. The one thing I did

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not see coming, which came from
both the Kagan and Brown Jackson, is

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they realized that gush if states can
come up with new qualifications to be on

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the ballot. Wait a Minute's that
starts to point toward a restoration of states.

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Right, So they both said the
Fourteenth Amendment was meant to take power

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away from states. And the next
sentence, unstated, was and concentrated in

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Washington, D C. And so
what you're opening a can of worms here

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if you actually have judicial interpretations that
say, oh, well, the work

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might allow more latitude for states to
do X and y. I didn't see

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that, you do. I get
what you're saying. I'm not disagreeing with

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what you're saying. But I wonder, because of our oft repeated argument that

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the left doesn't really care about standards, the left doesn't really care about principles,

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they really don't care about institutions.
They're willing to manipulate or do away

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with any one of the above if
it means they'll get what they want.

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And I don't think Katangi falls outside
of that. Really, maybe not,

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but you might be right, Well, I could see them being deeply worried.

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Well, and let's remember the last
big Fourteenth Amendment decision was the Harbor

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case last June, which they were
routed on. And they might be parently

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worried. I don't know, but
I did not see an argument coming out.

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Let's just put it that way.
But I'm saying that the lesson of

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the whole week to me is,
don't get your lesson before we've had all

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the stories, Steve Saving, I'm
not stories the rest of the news stories.

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Oh well, okay, makes more
sense, Okay, I will hold

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it. Then, I'm not telling
you to be quiet. I'm telling you

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that you'll have a better case if
you wait. I want to ask John.

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Then the next thing is the immunity
case, which I totally kind of

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spaced about again on the grand scale
of news this past week. It was

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kind of a minor issue by the
end of the week. I mean,

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all things confuted. It was a
you know, it was a circuit court

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case. It was one we expected. It was decided exactly the way we

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expected. I'm told that both of
you have some insights into that that I'm

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totally missing, But go ahead and
give me those insights. Well. First,

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it's first, it's such a striking
change in the fortunes of Trump and

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Biden that we started the week.
We started Monday talking about Trump losing this

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immunity case. Then on Thursday,
we started Thursday morning talking about the Supreme

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Court deciding whether Trump should be disqualified
by Thursday afternoon, and through till today,

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all we're talking about is whether Biden
should be removed from office. Look

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at that huge change in political fortunes. I mean, Trump has had the

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best week in politics that I can
think of in a long time for himself.

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But on the immunity question, the
two things. So one is I

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think that this argument is going to
fail for Trump at the court, but

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it doesn't mean he's not going to
be able to raise the arguments he wants

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to in the proper way. So
first, the Court has never had to

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decide whether a president has immunity from
criminal prosecution because no president has been charged

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before. But I think it's fair
to say a lot of the precedents and

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a lot of the lower court opinions
imply, as a DC Circuit found earlier

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this week, that a president doesn't
have that kind of immunity. Presidents do

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have absolute immunity for from civil cases
for damage actions. And the reason why

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would there be a difference, Well, the reason why is because the Court

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says, we don't want presidents when
they make decisions worrying about getting sued by

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the plethora of private people out there
who could just make up reasons to assume

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them. The thing with federal prosecution, right is that it's under the control

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of a president, and so I
think what the courts believe is those presidents

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will take into account the interests of
the executive branch so that people are not

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former presidents are not harassed because the
current president is going to someday be a

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past president or former president, and
so in the civil context, we don't

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have any way to give force to
the interests of the executive branch making decisions

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free of the threat of litigation.
But with criminal prosecution, since that's only

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in the hands of the president,
the current president himself or herself, then

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I think with the the courts assumes
that that president will take account of those

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interests when they decide whether to prosecute
or not. I think I got to

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push back on that, or the
listeners will never forgive me John go go

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ahead, go ahead. I'm just
gonna say that might to the extent that

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the court should be considering secondary considerations
consequences of these things, like what you

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say that you know, people could
just be constantly bringing civil suits against the

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president, but the executive will not
do that because they don't want to have

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turned around as fair play whatever put
it a little bit too simplistically. We've

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seen that's no longer true. So
if the Supreme Court is using that particular

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or uses that particular caveat as an
excuse to say, no, presidents don't

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have immunity from criminal prosecutions the way
they do from civil prosecutions, that may

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or civil suits. Excuse me,
that may make zero sense in the current

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political context. Is the courts of
basic completely ignore that political context, which

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of course is going to lead us
to the next item of discussion, but

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I don't want to get there yet. I'm just saying. I mean the

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fact that how many criminal counselor against
Trump right now ninety one, well,

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are all brought by enemies, political
enemies of the president. All of that,

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Well, what should distinguish though,
between the prosecutions by state elected das,

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which against what you could have you
might have an immunity. That's a

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totally that's a federalism issue. And
then charge is brought by the US Justice

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Department, which are under the control
of the current president. So just a

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backup first, I think there's a
good textual argument that they don't have immunity

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because there is one kind of immunity
from prosecution in the constitutional text, and

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it's only for members of Congress when
they are engaged in speech and debate,

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which implies that no one else gets
criminal immunity right because they don't give one

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to the president or remind you to
judges, although the judges of course created

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one for themselves when they had the
chance. But that's you know, textually,

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you could say, well that that
suggests that there is no immunity allowed.

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Then the federal's papers do talk about
presidents being removed from office by impeachment

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and then being subject to prosecution.
So I putting aside this functional argument,

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I think just the normal youth,
the normal sources we used to interpret the

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constitution suggests presidents don't have this kind
of munity. Well, then make my

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second point just one. Let's say
the second point is, but I think

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actually Trump has valid arguments, but
they're not immunity. Immunity means I can

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never be prosecuted for anything. That's
different than saying I'm being prosecuted under a

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statute that's being applied unconstitutionally to me. So take for example, the famous

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statute which led to President Andrew Johnson's
impeachment. It was called the Tenure in

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Office sect. It made it a
crime for the president to fire a cabinet

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officer. That's unconstitutional, right,
That statute is just unconstitutional. So Trump

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could be prosecuted as Johnson was appeached, and you could say that prosecution is

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an unconstitutional prosecution. That's not immunity. I think that's a winning argument.

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So Trump could say, look,
I'm being prosecuted for exercising my free speech

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rights when I gave a speech at
the Ellipse. That's not precluded by this

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immunity. By losing on immunity,
he could say, these criminal charges you're

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using against me, like fraud against
the United States, are disenfranchising all voters,

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or interfering with congressional procedures, None
of those actually apply. You're making

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up readings of those statutes which they
can't bear, and they don't apply to

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what happened on January sixth. Those
are still valid arguments. That's different than

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saying I have immunity, which just
means I could have done anything, and

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I could have violated any law,
but I just can't be prosecuted. Have

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his chance to make I think actually
valid constitutional arguments, but I think immunity

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just went too far. So I
think that Steve, that John was influenced

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by that dumb judge, Judge who
said, oh, if you if you

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sent the whoever it was, the
Navy seals, whoever it was out to

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murder your political opponents. I mean, that was just a reducdio ad absertin

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argument if you ask me, well, yeah, well well there's the problem,

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I think, or one of them. So first of all, John,

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once again, looking for just the
text alone without thinking beyond the text,

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leads you into a constricted dead Endustreet, So just to work backwards.

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The speech and debate clause for members
of Congress, I believe, correct me

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if I'm way wrong, only applies
when Congress is in session or when they're

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doing their official duties like traveling to
and from Congress to work there. That's

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the way it works in state legislators. I know. Now the president is

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the president all the time, right, so the sim or you know,

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collateral immunity would be attached to the
presidency because it's the office of the president.

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And my point isn't I was just
going over this with students in class

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this week, as I was explaining
the whole concept of executive prerogative from Locke,

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the whole idea of immunity descends from
the idea of executive prerogative. Now,

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the abstract problem is, yeah,
you would say, if you know,

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if the president walked down the street
one day and robbed the bank and

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shot up some people, you couldn't
really somebody, Yeah right right, that

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famous line you would You would have
to say at that point, yeah,

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that'd be hard to say that could
qualify the presidential community. And the Court

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in the opinion said something I think
kind of troubling. They said, well,

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yeah, there's kind of a problem
here, and I forget the exact

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words, it was close to this. We think the thought that that constricting

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immunity or scanning it back will lead
to future presidents being harassed as fanciful.

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In other words, what they're saying
is this only applies to Trump. By

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the way, my new rule,
John, which I'm borrowing for yours,

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is is all the presidential parrogaterives apply
to every president not named Nixon. And

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now you expand that to every president
not named Nixon or Trump. So that's

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where we are now and now you
need to go back to what is he

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being charged with. He's not being
charged with shooting someone on Fifth Avenue.

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The charges from Smith are interfering with
the congressional proceeding, disenfranchising voters. I

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think that's a reach, But I
think the first one rests on the idea

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that it presumptively invalidates Trump's defense that
he was defending the Constitution by contesting the

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results of a corrupt election. The
comeback and their factual claim, as I

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understand it, and the pleadings is
that Trump knew that wasn't true. Trump

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was totally lost the election. In
other words, that they are saying that

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Trump's state of mind. They're doing
a men's rey argument about him, which

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I think is extremely weak when it
comes to bringing a case against any president.

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And so that's why I think what's
going to happen here. Trump is

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going to appeal to the Supreme Court
on my day. That's the deadline,

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isn't it, And then we'll that's
going to start a clock. I think

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this is going to go a while. Right, Well, it's actually quite

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complicated. He could normally and this
does go to your point about Trump being

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treated differently. Normally you would have
actually a former government officer would normally have

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forty five days to appeal to the
entire d C Circuit. So this is

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just a decision by three of the
judges of the entire DC Court of Appeals,

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which I believe has twelve judges.
And so you have the right if

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you lose a case before panel to
petition the whole court to come together,

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which it does maybe once a year
in some cases sometimes it goes years without

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doing. And that's the court I
clerked on before I clicked at the Supreme

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Court, so I know how the
procedures were. But this panel said,

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nope, you don't get those forty
five days. You got to appeal like

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in one day basically, or we're
going back down sending it back to the

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lower court. So what Trump's going
to have to do is go to the

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Supreme Court, I think, and
say order the DC Circuit to stop sending

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this trial back so it can start, so I have time to even appeal

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use my appeal rights in that court. Because it's so strange that that court

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said, Nope, you don't have
the normal time to appeal. We're going

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to let the trial start, right
away. Then if he loses that in

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forty five days, then I think
he then he could say and then I

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want to appeal to the Supreme Court. So I figure he's got maybe if

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the Supreme Court agrees, he probably
have another two months to go before it

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gets to the US Supreme Court.
Of course, as interested I think is

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to you know, not have this
go to trial at all before the election.

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If the court were to grant certain
take the case, maybe they would

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treat it like the Colorado case and
try to decide it quickly, or they

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could stay the whole trial and take
the regular time. Right it's say,

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00:28:56.440 --> 00:28:59.119
you know, we're just going to
do the No, you know we're going

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00:28:59.200 --> 00:29:02.519
to grant certain heard in the fall, So correct me if I'm wrong.

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The status quo right now is that
the whole thing has stayed until something happens.

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Now does this is what's really unusual
about what this panel did is that

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they issued what's called the mandate back
to the trial judge, you know,

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Judge Jack, Judge chuck In,
which would allow her next week to restart

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the trial proceedings. Oh that's not
normal. That's usually you're allowed to appeal

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to the whole court and then go
to the DC the US Supreme Court,

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00:29:36.079 --> 00:29:38.519
and I'm going to have to he's
still allowed to do that, but then

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she has permission to go ahead to
restart the trial. Yeah, got it.

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So that's that's that's a little bit
of dirty pool. I think that

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00:29:48.200 --> 00:29:52.359
yes, people wouldn't notice or understand, but it's actually kind of important if

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00:29:52.440 --> 00:29:56.200
your goal is to stop Trump from
right going all the way Supreme Court and

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00:29:56.200 --> 00:30:03.720
holding the trial in faces. So
there's so many for the boring discussion,

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and I wanted to ask you about
Jack Smith's move to try anyway, I

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00:30:08.640 --> 00:30:14.400
don't I want to take a moment
for our incredible sponsors, which for John

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00:30:14.519 --> 00:30:18.240
always include McDonald's on State Farm and
I don't know what the other one is

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mine. They're always in Spanish,
so we'll see in a moment, Okay.

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So gosh, there's so much to
talk about. I think that we

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probably want to move on to the
big news of the week and see if

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we can pick up the little things
afterwards. The big news of the week,

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00:30:40.279 --> 00:30:45.920
of course, as John mentioned earlier, was the special counsel that is

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00:30:45.960 --> 00:30:56.920
investigating Garland was more or less forced
into appointing a special counsel to investigate Biden's

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00:30:56.960 --> 00:31:06.440
misuse and uh it responsibility about the
use of his keeping of classified documents in

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his garage, you know, with
his treasured corvette and whatnot, and a

400
00:31:12.000 --> 00:31:19.240
garage frequented by the esteemed Hunter Biden, and you know, the whole thing

401
00:31:19.319 --> 00:31:27.119
was just vile. But the Special
Council her h u R, not h

402
00:31:27.200 --> 00:31:34.559
e R. It's not her pronoun
thank you. Charles Lipson came out and

403
00:31:34.599 --> 00:31:41.440
said, yes, as a matter
of fact, Biden quite egregiously mishandled classified

404
00:31:41.480 --> 00:31:45.519
documents documents he probably should not have
had in his possession because he was no

405
00:31:45.559 --> 00:31:52.240
longer vice president and he was not
the classification authority. I don't know that

406
00:31:52.279 --> 00:31:56.119
her got into that, but he
should, and sharing those documents with his

407
00:31:56.400 --> 00:32:00.359
ghostwriter who did not have a security
clearance, right, Okay, important,

408
00:32:00.519 --> 00:32:07.279
Never mind what kind of his mishandling
of those documents actually might have led two

409
00:32:07.400 --> 00:32:12.119
with all of the shady characters in
and out with Hunter. We won't go

410
00:32:12.160 --> 00:32:15.079
there. But he didn't go there
either. But those are real, very

411
00:32:15.200 --> 00:32:22.440
real kinds of concerns. Anyway,
he said Biden was was very much at

412
00:32:22.480 --> 00:32:30.079
fault. Biden committed all sorts of
crimes in the course of not handling classified

413
00:32:30.119 --> 00:32:35.440
documents as he should have. And
some of this was, of course the

414
00:32:35.519 --> 00:32:40.200
result of carelessness, but there would
be no point in bringing charges, no

415
00:32:40.279 --> 00:32:45.559
point whatsoever in bringing charges, even
though we there's this whole section he talks

416
00:32:45.599 --> 00:32:49.640
about, Oh gosh, you know, we're not bringing charges here. But

417
00:32:49.759 --> 00:32:52.319
we've got this other situation, the
first time it's been done against a presidential

418
00:32:52.319 --> 00:32:55.640
candidate. But I'm not going to
get into that. This one's a wholly

419
00:32:55.680 --> 00:33:00.200
different case. It wasn't clear all
how it was different at all. But

420
00:33:00.519 --> 00:33:06.279
and then he said, I can't
bring charges because if if the president,

421
00:33:06.440 --> 00:33:08.799
the current president, went before a
jury, they would look at him as

422
00:33:09.519 --> 00:33:15.839
a well meaning elderly man whose memory
was very, very bad. Is that

423
00:33:15.960 --> 00:33:21.640
was that the right phrase, Steve, which, first of all, what

424
00:33:21.759 --> 00:33:24.839
a liar he's There has never been
a single movement in Joe Biden's life where

425
00:33:24.839 --> 00:33:30.960
he's been well intentioned. Okay,
senile, ugly mean as we saw last

426
00:33:30.039 --> 00:33:35.119
night Thursday night, but never well
intentioned if you ask me. But anyway

427
00:33:35.279 --> 00:33:38.839
back to I heard John today on
Fox News as I was in my car.

428
00:33:38.880 --> 00:33:42.240
It's my favorite thing that happened in
the car by the way, John,

429
00:33:42.559 --> 00:33:46.279
when you come on on Fox News. But John made a brilliant point,

430
00:33:46.720 --> 00:33:52.160
actually several, one of which was
what else was her going to do?

431
00:33:52.880 --> 00:33:54.799
Either he was going to have to
recommend prosecution or he's going to have

432
00:33:54.839 --> 00:33:58.799
to have a rationale. So talk
about that from go ahead, Steve,

433
00:33:58.799 --> 00:34:00.799
if you had to say, go
first, and then John can correct me.

434
00:34:00.839 --> 00:34:07.280
Active a question for John about one
one specific aspect of the report.

435
00:34:09.400 --> 00:34:13.119
First of all, it does sound, and some people have made this point,

436
00:34:13.119 --> 00:34:15.559
it does sound a little bit like
James Comey's conclusion about Hillary and her

437
00:34:15.599 --> 00:34:21.000
private server. So no reasonable prosecutor
will bring this case because she won't be

438
00:34:21.000 --> 00:34:25.639
convicted, is what he's essentially said. And her said, no, there's

439
00:34:25.639 --> 00:34:30.440
no way that we could get a
successful conviction against Biden on this. So,

440
00:34:30.800 --> 00:34:34.000
first of all, it does sound
like there that maybe Trump doesn't get

441
00:34:34.000 --> 00:34:37.599
immunity from the DC circuit, but
there does seem to be Democratic Party community

442
00:34:39.079 --> 00:34:42.360
matters that are similar. Wait a
minute, let me keep going here,

443
00:34:42.400 --> 00:34:45.079
because it's the same point. Sorry, Well all right, Well, I

444
00:34:45.079 --> 00:34:47.480
was gonna say two questions John.
One, is it sure seems to me

445
00:34:47.639 --> 00:34:52.239
like this completely blows up the case
against Trump, But I know there are

446
00:34:52.239 --> 00:34:58.440
distinctions that Biden cooperated and Trump was
stubborn about it, but I don't I

447
00:34:58.480 --> 00:35:02.199
don't think that works very well case. And then second our Eliot Shapiro made

448
00:35:02.199 --> 00:35:06.039
a claim on Twitter. I don't
know if this is true, and I

449
00:35:06.039 --> 00:35:08.480
wonder if you know, he said
that Garland did not have to release this

450
00:35:08.559 --> 00:35:15.280
report. He could have I suppose
kept under wraps all those very damaging parts

451
00:35:15.320 --> 00:35:20.840
about Biden's sanility and what I suppose
issued a summary that's said, we released

452
00:35:20.880 --> 00:35:23.480
a conclusion that it doesn't arise to
a prosecutable crime. And I don't know

453
00:35:23.519 --> 00:35:27.119
if that would have stuck or not. But is that true that the Attorney

454
00:35:27.159 --> 00:35:30.280
General could have withheld the public release
of the complete report? Do you know?

455
00:35:30.280 --> 00:35:37.079
So you may remember this actually came
up during the Robert I mean the

456
00:35:37.599 --> 00:35:44.559
Robert Muller Special Council investigation of Donald
Trump, because remember he had a report,

457
00:35:44.639 --> 00:35:50.360
and then Bill Barr took the report, issued his own summary, and

458
00:35:50.400 --> 00:35:52.880
then only a little bit later,
I think maybe a week later, released

459
00:35:52.920 --> 00:35:58.159
a redacted version of the report.
So I think it is corrected. Under

460
00:35:58.199 --> 00:36:04.239
the regulations, the Attorney General is
actually the one ultimately responsible for transmitting the

461
00:36:04.320 --> 00:36:08.719
report. To Congress and the public. But what are you going to do

462
00:36:08.840 --> 00:36:15.519
if the Special Council sends report to
Congress anyway? So it's I think that's

463
00:36:15.519 --> 00:36:20.480
why. But I think practically attorney
generals have always known that if the Special

464
00:36:20.519 --> 00:36:22.599
Counsel wants to report release, they're
going to release it because there's nothing you

465
00:36:22.599 --> 00:36:24.960
can do to them. They're just
there, right, The Special Council is

466
00:36:25.039 --> 00:36:30.679
just there for that one case.
Wouldn't you have released it on a Friday

467
00:36:30.760 --> 00:36:35.119
night, which is when you typically
try to bury bad suits? And I

468
00:36:35.199 --> 00:36:39.639
was actually joking around with the producers
at Fox because I was actually on shows

469
00:36:39.920 --> 00:36:45.440
to talk about the Colorado oral arguments
and then never talked about them because we

470
00:36:45.440 --> 00:36:49.679
spent the whole time talking about this
report. And so one of the producers

471
00:36:49.719 --> 00:36:53.880
said to me, I bet that
the Biden people wanted the report released today

472
00:36:54.639 --> 00:37:00.320
because they thought that the Colorado case
would steal some of the attention from But

473
00:37:00.320 --> 00:37:05.639
they were just totally They didn't realize
that the Special Council thing just overshadowed everything

474
00:37:05.800 --> 00:37:10.199
because of what it said about Biden's
mental incapacity. But they were hoping,

475
00:37:10.360 --> 00:37:14.679
like you know, some of the
oxygen in the room would be taken away

476
00:37:15.039 --> 00:37:20.880
by the Colorado case. They really
really misjudged that well that whoever was the

477
00:37:20.920 --> 00:37:24.519
staffer also who then thought, after
watching all the damage mounting on Biden,

478
00:37:24.559 --> 00:37:28.840
thought it was a good idea to
send him out for that press conference where

479
00:37:28.840 --> 00:37:34.400
he started yelling and screaming at the
press started forgetting things about and misstating who

480
00:37:34.440 --> 00:37:37.719
the various presidents were that guy should
or when that man or woman should be

481
00:37:37.719 --> 00:37:42.039
fired and never be allowed to work
in politics. You can't. I want

482
00:37:42.079 --> 00:37:44.199
to come back to that, John. I first want to go back to

483
00:37:44.239 --> 00:37:49.719
what Steve said about Hillary, because
that was exactly my thought was. But

484
00:37:50.320 --> 00:37:58.360
remember that Hillary actually got away in
the Bengazi hearings with and several other Democrats

485
00:37:58.719 --> 00:38:00.880
or may as well have been done. Democrats have done the same thing Fauci

486
00:38:02.519 --> 00:38:10.639
with the answering questions over and over
again with I don't recall, I don't

487
00:38:10.719 --> 00:38:16.360
recall, which I suppose is the
weasliest of getting out of you know,

488
00:38:16.400 --> 00:38:21.159
a method of answer getting out of
questions. But that's what I was thinking

489
00:38:21.199 --> 00:38:24.400
of that with the I don't recall, and you know, if I'm Komy,

490
00:38:24.519 --> 00:38:31.840
well she's you know whatever. But
the point is, how can how

491
00:38:31.880 --> 00:38:42.599
can a refusal to be forthcoming be
such a successful strategy for Democrats other than

492
00:38:42.639 --> 00:38:46.599
the fact that our Justice Department just
simply allows it. And my second question

493
00:38:46.679 --> 00:38:50.559
that was really more of a commentary. Sorry, that's amazing, that's actually

494
00:38:50.559 --> 00:38:53.800
that's an important question I just mentioned. So this is I think there's a

495
00:38:53.840 --> 00:38:59.239
huge difference here actually between Trump and
Biden. So you know, Trump's of

496
00:38:59.239 --> 00:39:04.840
course facing all these right legal problems
to in New York City, Georgia,

497
00:39:06.079 --> 00:39:15.920
Washington. So somehow Trump has taken
a strategy which has provoked huge legal losses

498
00:39:15.960 --> 00:39:20.599
in the courtroom, Like he's getting
clawbreed in these defamation suits by Jeene Carroll.

499
00:39:21.000 --> 00:39:24.559
He's going to get clawbered in this
attorney general lawsuit against him for inflating

500
00:39:24.559 --> 00:39:29.920
his assets and mortgage applications and so
on. But somehow he turned those into

501
00:39:29.920 --> 00:39:35.559
political gold, right, Like he
used those political these legal setbacks where he

502
00:39:35.599 --> 00:39:39.400
took where he refused to cooperate or
comply with the court, and he lost.

503
00:39:39.559 --> 00:39:43.360
He's going to lose hundreds of millions
of dollars. But it took all

504
00:39:43.440 --> 00:39:47.320
the air out of the primaries and
all the attention away from everyone else and

505
00:39:47.360 --> 00:39:52.239
focused it on him. Biden's the
exact opposite. I'm sure he's following his

506
00:39:52.320 --> 00:39:54.840
lawyer's advice. They probably told him, if you don't remember anything for sure,

507
00:39:55.199 --> 00:39:59.679
then say you don't remember, right. That's that's like a stand.

508
00:39:59.760 --> 00:40:04.239
Don't never say anything in these interviews
that you're not absolutely sure about. That's

509
00:40:05.199 --> 00:40:09.679
that's standard litigation practice. But it's
killing It's going to kill him in politics.

510
00:40:09.960 --> 00:40:13.320
Yeah, I mean that's where I
don't. I mean, I understand

511
00:40:13.320 --> 00:40:17.119
your point in the creature about no
legal consequences for Hillary and Benghazi, but

512
00:40:17.639 --> 00:40:22.119
I do think in Hillary's case,
that report and the way you call me

513
00:40:22.679 --> 00:40:25.280
that was very damaging her and arguably
cost her the election. Right, So

514
00:40:25.440 --> 00:40:29.800
there's cosmic justice at leads in her
case, and I think maybe we're seeing

515
00:40:29.840 --> 00:40:32.880
it in Biden's case too. I'm
hoping you're right, not damaging enough because

516
00:40:32.880 --> 00:40:40.639
she's still out there instead of hiding
somewhere was in shame. But okay,

517
00:40:40.679 --> 00:40:47.840
so let's talk about whether or not
first there was an alternative if her wanted

518
00:40:47.920 --> 00:40:59.000
to avoid prosecuting Biden and still leave
open the possibility that Trump could be prosecuted

519
00:40:59.039 --> 00:41:01.679
on the same charges. Of course, they're not the same charges Biden can

520
00:41:01.719 --> 00:41:07.639
be guilty. Trump obviously cannot be
guilty of the charges of mishandling his own

521
00:41:07.679 --> 00:41:09.000
classified documents. I don't know how
many times I have to say that,

522
00:41:09.039 --> 00:41:15.199
but anyway, let's pretend that they're
equal. Was there any other possibility,

523
00:41:15.280 --> 00:41:19.719
John, in your opinion, could
he have made a different argument. Is

524
00:41:19.719 --> 00:41:24.920
there another argument that could have been
made by her about why why he's not

525
00:41:25.000 --> 00:41:30.039
going to move for charges to be
brought against Biden other than he's senile and

526
00:41:31.239 --> 00:41:37.280
a jury wouldn't convict him. Actually
her addresses in the report. It's interesting.

527
00:41:37.280 --> 00:41:39.840
I don't think a lot of people
paid attention to it, but in

528
00:41:39.840 --> 00:41:44.719
his report he basically says, yes, it's going to be an obvious question

529
00:41:44.800 --> 00:41:50.079
to people that were recommending not to
prosecute here, whereas the other special counsel,

530
00:41:50.679 --> 00:41:53.320
who was not responsible for me to
me, as you know, indicted

531
00:41:53.360 --> 00:41:59.400
President Trump. And he does say
the conduct might appear similar to most people.

532
00:42:00.039 --> 00:42:01.679
And he says, and this is
a reason he could have said,

533
00:42:01.800 --> 00:42:06.320
I'm not going to prosecute Biden and
Trump should be prosecuted, as he says,

534
00:42:06.679 --> 00:42:10.400
there actually seems to be a long
practice of presidents not really being very

535
00:42:12.559 --> 00:42:16.239
let's say careful and they're handling.
And actually, Steve, this is interesting.

536
00:42:16.280 --> 00:42:22.280
They go back. They actually say
Reagan actually kept diaries which had a

537
00:42:22.320 --> 00:42:25.760
lot of classified information in them,
and you know, so they say,

538
00:42:25.760 --> 00:42:30.719
we can go to Reagan, if
not further back, and just show Look,

539
00:42:30.760 --> 00:42:35.960
presidents keep diaries at notes and they
take them home and no one's ever

540
00:42:36.079 --> 00:42:38.320
thought about prosecuting for them. So
he could have said, we could give

541
00:42:38.480 --> 00:42:43.239
these presidents a free pass on that, just like we've given all the presidents

542
00:42:43.280 --> 00:42:49.519
in the past. So what hers
says is but the main difference is the

543
00:42:49.599 --> 00:42:54.239
level of cooperation. That Trump is
not really being prosecuted anymore for the classified

544
00:42:54.320 --> 00:43:00.360
documents and they're handling. He's being
prosecuted for obstructing, just says, for

545
00:43:00.639 --> 00:43:05.679
trying to hide the documents from the
FBI and for telling his staff to lie

546
00:43:05.760 --> 00:43:09.159
to the FBI. Uh. And
so that's actually that is a big difference,

547
00:43:09.199 --> 00:43:14.760
right. The Special Counsel Jack Smith's
prosecution really, I think is going

548
00:43:14.800 --> 00:43:19.440
to center on claims of obstruction of
justice, refusing to comply with warrants,

549
00:43:19.519 --> 00:43:23.280
hiding things around the FBI, lying
to the FBI, rather than the actual

550
00:43:23.440 --> 00:43:27.559
rather than the fact that he cas
know that it's not a crime that how

551
00:43:27.559 --> 00:43:30.320
can you obstruct justice when there's no
crime? Well, there's no crime here,

552
00:43:30.360 --> 00:43:32.960
you know that, right, John, But I'm not actually, I'm

553
00:43:34.000 --> 00:43:38.519
not sure make crime. I don't
actually agree with that. But whether there

554
00:43:38.559 --> 00:43:42.639
is a crime or not, it's
still a crime to lie to FBI officer

555
00:43:42.719 --> 00:43:45.559
or to lie to Congress, regardless
of what it is you're lying about.

556
00:43:47.599 --> 00:43:54.960
I guess I like, it just
seems to me that even if you stipulate

557
00:43:55.039 --> 00:43:59.639
all those distinctions, it's going to
be very hard to find a jury in

558
00:43:59.760 --> 00:44:04.199
Sound Florida that's going to convict Trump. I don't know. But at the

559
00:44:04.280 --> 00:44:07.000
end of right now, look as
you guys know, I thought it's a

560
00:44:07.000 --> 00:44:09.719
mistake to bring the case because the
only thing that should matter is January sixth.

561
00:44:09.800 --> 00:44:14.400
If you want to indict Trump for
insurrection and prove it, that's a

562
00:44:14.440 --> 00:44:20.519
good use of federal prosecutor resources,
don't I've never thought that prosecuting Trump for

563
00:44:20.559 --> 00:44:22.719
this, you know, classified documents
makes sense. That's a good use of

564
00:44:22.800 --> 00:44:27.679
resources. Yeah. Well, I
don't know if you want to do this,

565
00:44:27.760 --> 00:44:29.960
Lucretia, But I mean, at
the end of the week, Trump

566
00:44:30.039 --> 00:44:31.960
looks stronger. I can't wait for
the next round of polls, which may

567
00:44:32.000 --> 00:44:35.840
not show Trump's surging, but it's
going to show Biden falling sharply, I

568
00:44:35.880 --> 00:44:38.519
think. But Trump came out after
the Colorado opinion and gave a little talk

569
00:44:38.599 --> 00:44:43.039
and then answered questions, and he
was masterful. I thought, one of

570
00:44:43.039 --> 00:44:45.679
his better performances ever. And then
Biden here a few hours later, has

571
00:44:45.719 --> 00:44:51.199
what I'm calling I'm calling that press
conference in the evening is I'm not a

572
00:44:51.199 --> 00:44:53.800
crook moment, you know, like
we had with Nixon, right, that

573
00:44:53.920 --> 00:44:58.199
was a big thing different. I
can live with a criminal. I can't

574
00:44:58.239 --> 00:45:01.760
live with I mean the idea we
have a you know, a brain dead

575
00:45:04.639 --> 00:45:07.199
if I can't even that's always when
my old rule a free I've had this

576
00:45:07.280 --> 00:45:10.480
rule for forty years, which is
better to have a crooking office than a

577
00:45:10.480 --> 00:45:14.800
liberal because a crook cannot steal as
much as a liberal can give away.

578
00:45:15.000 --> 00:45:19.079
And never heard of it, You've
never had sell that one. Job.

579
00:45:19.400 --> 00:45:22.920
That's a good one. I like
that. I would to death. Job.

580
00:45:22.599 --> 00:45:27.360
I would have thought you'd say,
if you're out there holding press conferences

581
00:45:27.400 --> 00:45:30.159
and all your people are out there
saying the president is not seen now,

582
00:45:30.199 --> 00:45:36.119
than you're losing. Oh yeah,
the Vice President is out there saying you're

583
00:45:36.119 --> 00:45:38.920
not seeing now it's gratuitous to say
that. I actually find the whole thing

584
00:45:39.079 --> 00:45:43.280
fascinating the way that it came down. But I do want to go back

585
00:45:43.400 --> 00:45:47.559
momentarily to Trump's excuse me, Biden's
press conference last night. I mean,

586
00:45:47.679 --> 00:45:52.320
he started off the week saying that
the reason that the bipartisan immigration bill fell

587
00:45:52.360 --> 00:45:57.639
apart was Trump's fault, and all
of the immigration problems. We're seeing that

588
00:45:57.639 --> 00:46:02.519
that Biden finally admitted to all the
legal immigrants is also Trump's fault. That

589
00:46:02.679 --> 00:46:07.960
was an interesting attempt by Biden at
the beginning of the week, But by

590
00:46:07.960 --> 00:46:09.360
the end of the week, we're
talking about the fact that the guy's brain

591
00:46:09.440 --> 00:46:15.519
dead and that we wouldn't you know, the joke has always been, we

592
00:46:15.559 --> 00:46:19.440
wouldn't hand over the TV remote control
to a guy as senile as Biden,

593
00:46:19.719 --> 00:46:22.719
but we let him be president.
We can't let him stand before a jury,

594
00:46:22.719 --> 00:46:25.639
but we let him be president.
So that has led people, Republicans,

595
00:46:25.719 --> 00:46:30.280
especially to start talking about the twenty
fifth Amendment. I did go back,

596
00:46:30.360 --> 00:46:32.480
John and find your Wall Street Journal
article, and I read it that

597
00:46:32.559 --> 00:46:42.440
you wrote about what the actual circumstances
were if if we if somebody decided to

598
00:46:42.480 --> 00:46:50.960
push for removing Biden temporarily for his
work permanently for his disability, which is

599
00:46:51.000 --> 00:46:55.320
of course that he has no brain. And want I want you to when

600
00:46:55.320 --> 00:47:00.159
we come back to outline those procedures, which are a little more complicated,

601
00:47:00.239 --> 00:47:04.079
then most people understand them to be
at least that's what Steve says. That's

602
00:47:04.079 --> 00:47:07.159
probably a strong man argument. But
I mean section four. I mean,

603
00:47:07.199 --> 00:47:09.239
John, do you want to do
section four? Or me? I find

604
00:47:09.280 --> 00:47:12.880
them I want I do want to
take a break here, Steve, because

605
00:47:12.920 --> 00:47:17.880
you had to So John, do
you want we want us to go into

606
00:47:17.880 --> 00:47:21.239
section John, you want to talk
about section four? Or me? I

607
00:47:21.239 --> 00:47:23.159
find it really remarkable when you read
it. Well, I mean, most

608
00:47:23.159 --> 00:47:27.039
people think the twenty fifth Amendment,
they've heard of it. It's a majority

609
00:47:27.039 --> 00:47:30.320
of the cabinet says the president is
unable to discharge the duties, the vice

610
00:47:30.360 --> 00:47:36.039
president becomes the acting president, and
the suggestion is, well, the president

611
00:47:36.039 --> 00:47:38.519
can come back if it has been
I think invoked a couple of times for

612
00:47:38.639 --> 00:47:43.280
mere hours, like when a president's
been under anesthesia for surgery and stuff.

613
00:47:43.280 --> 00:47:45.599
But you know it's happened to you
three times in the last forty years.

614
00:47:45.400 --> 00:47:47.760
But if you read to the whole
thing, what it says is the president

615
00:47:47.760 --> 00:47:51.960
can contest this. The president can
transmit a letters saying no, no,

616
00:47:52.039 --> 00:47:58.920
I'm fine. And then if the
cabinet insists and reiterates from stating this right,

617
00:47:59.239 --> 00:48:04.440
they're find that the president's unable to
determine, unable to discharge the duties

618
00:48:04.480 --> 00:48:08.239
of the office. Then what happens
is they send that to the Congress,

619
00:48:08.280 --> 00:48:13.360
to the President pro tem of the
Senate, and Congress has three weeks to

620
00:48:13.519 --> 00:48:16.119
assemble and vote on the matter,
and by a two thirds vote, Congress

621
00:48:16.119 --> 00:48:20.760
can say no, no, the
cabinet's right, the president is unable to

622
00:48:20.800 --> 00:48:23.760
discharge the duties of the office,
and the Vice president remains as acting president.

623
00:48:23.920 --> 00:48:28.360
So you can imagine stubborn as a
mule Biden saying of course, I'm

624
00:48:28.400 --> 00:48:31.159
fine. He would clearly contest this, and then things would get interesting.

625
00:48:31.320 --> 00:48:35.119
You think there's a two thirds vote
in both houses of Congress to side with

626
00:48:35.159 --> 00:48:39.320
the cabinet, I mean maybe,
I think a lot of Democrats in charge.

627
00:48:39.440 --> 00:48:42.719
Well, that's just it. So
you want to put her in charge?

628
00:48:43.000 --> 00:48:45.400
If you're a Republican, do you
want to do the Democrats a favor,

629
00:48:45.559 --> 00:48:49.400
although I actually think that if something
like this happens, it will wreak

630
00:48:49.440 --> 00:48:52.000
havoc on the Democratic Party and their
chances of winning the election. I think

631
00:48:52.000 --> 00:48:55.559
they're doomed either way. They're doomed
with Biden, they're doomed if they replace

632
00:48:55.639 --> 00:49:00.599
him. But I think that I
read that whole section and I thought this

633
00:49:00.639 --> 00:49:02.559
is not as clear cut as people
seem to think it is. From all

634
00:49:02.599 --> 00:49:06.679
the headlines you read about the twenty
fifth Amendment, What have I, mister

635
00:49:06.840 --> 00:49:08.960
not gotten complete there? John?
No, this is I think you were

636
00:49:08.960 --> 00:49:13.840
at the actual amendment if you read
the Texas biased in favor of the president.

637
00:49:14.119 --> 00:49:16.920
Yeah, right, So to even
get a president, I think of

638
00:49:16.960 --> 00:49:21.159
it as the suspending, you know, putting the president in the penalty box.

639
00:49:21.719 --> 00:49:23.599
Right, So it's like putting someone
like in hockey, you put someone

640
00:49:23.559 --> 00:49:27.400
in the penalty box. They're only
in there for a certain amount of time,

641
00:49:27.559 --> 00:49:29.719
right, and then they can rushing
out, right, they skate out

642
00:49:29.760 --> 00:49:32.119
so fast and try to make a
difference. And isn't that the same thing

643
00:49:32.159 --> 00:49:37.599
here? So one thing that's hard
is that both the vice president and a

644
00:49:37.679 --> 00:49:43.760
majority of the cabinet have degree that
the president is unable to. And you

645
00:49:43.760 --> 00:49:47.119
remember, like there are things like
this comes up in twenty four and in

646
00:49:47.480 --> 00:49:52.000
the Harrison Ford movie I can't remember
what it's called. That takes place on

647
00:49:52.079 --> 00:49:55.320
Air Force one. No Air Force
one everywhere? Right, Oh, it's

648
00:49:55.320 --> 00:50:00.519
the vice president. Majority of the
cabinet going to say the president's incapable performing

649
00:50:00.559 --> 00:50:04.280
the duties of the office. But
notice it takes both. It's not one

650
00:50:04.360 --> 00:50:07.519
or the other, both the vice
president. And so I'm I could easily

651
00:50:07.559 --> 00:50:15.079
see Harris already at her computer typing
up the finding. But do you think

652
00:50:15.159 --> 00:50:17.960
like a majority of the cabinet would
agree? You'd have to like rustle up

653
00:50:19.000 --> 00:50:22.199
people you haven't heard of before,
Like who's the Secretary of Veterans Affairs in

654
00:50:22.239 --> 00:50:27.760
this administration? I got no idea
who is a secretary? I know what

655
00:50:28.639 --> 00:50:32.320
transportation is. Yeah, that's true, but like you know, there are

656
00:50:32.320 --> 00:50:37.000
some pretty obscure federal agencies. You
know, who's the Secretary of HUD in

657
00:50:37.039 --> 00:50:40.800
this administration? By the way,
and then abrupted there for second John,

658
00:50:40.880 --> 00:50:44.599
it's actually even less clear than that, because I've said cabinet, that's what

659
00:50:44.639 --> 00:50:47.360
most people think, But in fact, the first sentence of Section four is

660
00:50:47.360 --> 00:50:52.960
more ambiguous whenever the Vice President and
the majority of either the principal officers of

661
00:50:53.000 --> 00:50:59.760
the executive departments or of such other
body as Congress may by law provide.

662
00:51:00.280 --> 00:51:02.400
So this is a little bit like
section three of the fourteen Amendment. Congress

663
00:51:02.400 --> 00:51:06.920
has not specified a body, but
they could. They could say we appoint

664
00:51:07.039 --> 00:51:09.639
four doctors. Right, they've never
dined. Right. And by the way,

665
00:51:09.800 --> 00:51:15.159
you executive departments. Often presidents make
the head of the EPA a cabinet

666
00:51:15.239 --> 00:51:21.519
rank person. This is finally going
to restore the unitary executive because all these

667
00:51:21.639 --> 00:51:23.920
losers who've been on these various commissions
are suddenly going to say, yes,

668
00:51:24.000 --> 00:51:28.079
yes, actually, we've been executive
departments all along. Let us vote,

669
00:51:28.400 --> 00:51:35.360
Let us vote. Any thing about
the amendment is noticed that, as Steve

670
00:51:35.480 --> 00:51:40.119
said, after a certain time,
right, even if the cabinet and the

671
00:51:40.199 --> 00:51:47.519
vice president continued to declare that the
president an't discharge office, Congress has to

672
00:51:47.559 --> 00:51:52.119
vote by two thirds to agree with
them to keep the president out of office.

673
00:51:52.119 --> 00:51:58.519
Otherwise the president goes right back in. That's how heavily the amendment actually

674
00:51:58.559 --> 00:52:01.159
runs in favor of by favor of
Biden. Actually, right, all Biden

675
00:52:01.199 --> 00:52:06.599
has to do is find thirty four
senators who want to keep them in office.

676
00:52:07.199 --> 00:52:09.320
Well, here, to me is
the grand irony of this whole scene,

677
00:52:09.400 --> 00:52:13.920
because if you go back five six
years ago when Trump is first went

678
00:52:13.960 --> 00:52:15.920
into office, and the left and
the medium, and I repeat myself,

679
00:52:16.119 --> 00:52:21.400
they said, oh, you know
what, clearly the twenty fifth Amendment should

680
00:52:21.400 --> 00:52:23.519
be invoked to remove Trump from office
because he's obviously unfit. And there was

681
00:52:23.559 --> 00:52:28.400
all that talk and some law professors, right, and so here we are

682
00:52:28.480 --> 00:52:30.079
at the end of all this,
and now the twenty fifth Amendment is being

683
00:52:30.119 --> 00:52:35.199
talked about for Biden. I mean, the irony is so delicious here.

684
00:52:35.679 --> 00:52:38.800
And the point is is that every
time the left launches a torpedo to use

685
00:52:38.920 --> 00:52:44.119
navy analogies at Trump, it turns
around and sinks them. You know,

686
00:52:44.199 --> 00:52:46.719
the me Too movement was started to
take down Trump. Instead it took down

687
00:52:46.760 --> 00:52:52.719
Al Franken right, right. And
you know there's another example of everything the

688
00:52:52.880 --> 00:52:57.719
left does ends up boomeranging and blowing
up in their face, which is what

689
00:52:57.800 --> 00:53:00.719
makes life. Yeah, it's because
we still do have a constitutional republic and

690
00:53:00.760 --> 00:53:09.000
they want to twist and manipulate and
do away with the constitutional protections that are

691
00:53:09.039 --> 00:53:15.159
there, the institutions that are there, the remedies that are there. They

692
00:53:15.159 --> 00:53:17.079
want to do away with it all
to get the power, to keep power,

693
00:53:17.119 --> 00:53:20.679
to get what they want. And
I think I don't think it's a

694
00:53:22.039 --> 00:53:25.239
trend or a boomerang effect. I
think it's just to some extent, our

695
00:53:25.280 --> 00:53:29.920
constitution still works to some extent,
and especially in these kinds of things.

696
00:53:30.000 --> 00:53:35.559
I mean, you can't bring up
the twenty fifth Amendment in the case of

697
00:53:35.599 --> 00:53:38.920
Trump and then not look at someone
like Biden and say, wow, you

698
00:53:38.920 --> 00:53:43.199
know, I mean, it's just
you. You can have all the Trump

699
00:53:43.400 --> 00:53:49.199
derangement syndrome in the world you want, but a guy who can't remember the

700
00:53:49.360 --> 00:53:52.000
date that his own son died,
who can't remember the Afghan War, I

701
00:53:52.000 --> 00:53:59.719
mean, all the different examples that
her gave in his report, there is

702
00:54:00.679 --> 00:54:06.559
and then what we see is Biden
being such an irascible, such an ugly

703
00:54:07.000 --> 00:54:13.920
vindictive, mean spirited kind of jerk
convincing I'm assuming, I mean Jill had

704
00:54:13.920 --> 00:54:17.280
to let him go out there.
I don't know who's who's claim, probably

705
00:54:17.320 --> 00:54:21.320
never would have let it happen.
I don't know. I can't remember the

706
00:54:21.400 --> 00:54:28.719
chief of staff's name, but there
are as and obviously not you know who

707
00:54:28.800 --> 00:54:31.960
knows if Obama had anything to say
about it, probably, But what an

708
00:54:32.159 --> 00:54:37.519
I mean the I told Stephen John
I was going to resurrect my dumbest person

709
00:54:37.559 --> 00:54:40.519
of the week, my stupidest person
of the week. I would resurrect it

710
00:54:40.599 --> 00:54:44.559
if I knew who that person was
who said, yeah, it's a good

711
00:54:44.559 --> 00:54:49.039
idea for uh, the you know, the brain dead Biden to go out

712
00:54:49.039 --> 00:54:53.400
there and try to defend himself that
he's not senile, insisted on himself.

713
00:54:53.719 --> 00:54:57.760
He might have. He might have. So tell me what you do is

714
00:54:57.800 --> 00:55:00.760
you put him out there, and
you put a bunch of fake journalists and

715
00:55:00.800 --> 00:55:06.079
you let the fake journalists. That's
what I would have done. That's redundant,

716
00:55:06.239 --> 00:55:09.559
and the fake journalists is are done
for. That's a classic without real

717
00:55:09.639 --> 00:55:14.039
cameras. I guess, Ristia Lucretia, the Biden White House is going to

718
00:55:14.119 --> 00:55:16.719
be calling you and hiring you on
in a few minutes because that is brilliant.

719
00:55:17.599 --> 00:55:21.960
That is brilliant. Can I just
make one or two comments about that?

720
00:55:22.079 --> 00:55:27.000
So one is right? You've got
all the Biden people, including Biden

721
00:55:27.079 --> 00:55:31.039
himself, attacking the special counsel whom
they appointed, right, whom they picked

722
00:55:32.840 --> 00:55:38.440
for being partisan or for being inappropriate
and so on. So here's my solution.

723
00:55:39.119 --> 00:55:45.320
If they, if they really think
that the Special Council is making stuff

724
00:55:45.400 --> 00:55:50.960
up, is misrepresenting this, then
have Joe Biden ordered the release of a

725
00:55:51.000 --> 00:55:55.280
transcript of the interview that was conducted. Have the Justice Partner release any audio

726
00:55:55.360 --> 00:56:00.360
or videotapings of the interview. Let
mark let people, and let people read

727
00:56:00.400 --> 00:56:07.599
the transcript and they can decide whether
they think the Special Counsel was actually misrepresenting

728
00:56:07.639 --> 00:56:12.199
whether President Trump camera President Biden can't
remember things because you're an evil man,

729
00:56:12.320 --> 00:56:16.880
John that people said it too.
Yeah, yeah, I think the Special

730
00:56:16.920 --> 00:56:22.199
Council probably downplayed how bad it was
because if you read carefully what he said

731
00:56:22.559 --> 00:56:27.719
you could get you would get the
mis impression that the interview started with the

732
00:56:27.800 --> 00:56:30.000
Special Counsel saying, Okay, tell
me the dates you are vice president.

733
00:56:30.280 --> 00:56:34.559
Okay, tell me the days.
It's not that's not what it looks like.

734
00:56:34.599 --> 00:56:37.719
It looks like Biden's just his mind. He's saying, Okay, something

735
00:56:37.760 --> 00:56:40.840
happened in twenty seventeen. They ask
him about something to say it happened in

736
00:56:40.840 --> 00:56:45.760
twenty seventeen, and Biden spontaneously says, was I Vice President then or not

737
00:56:46.280 --> 00:56:51.559
right, it's if he's the one
sticking the knife in himself, then I

738
00:56:51.639 --> 00:56:54.119
bet the interview is much much worse
than what we've seen in the Special Council

739
00:56:54.159 --> 00:56:59.119
for Yeah, Christ, the worse
things. Can I add one little minor

740
00:56:59.199 --> 00:57:04.320
detail to that John the whole idea
when he was so offended and everybody wanted

741
00:57:04.360 --> 00:57:08.039
to jump on his being offended about
bringing u uh it is none of their

742
00:57:08.119 --> 00:57:13.280
damn business about when my son died. I can't believe they asked me that.

743
00:57:14.480 --> 00:57:17.840
I mean again, what a hypocrite. He brings up the death of

744
00:57:17.880 --> 00:57:22.039
his son bo at the most inappropriate
times. Every time you turn around,

745
00:57:22.360 --> 00:57:28.960
he lies about it. He lies
how it happened. He undermines the the

746
00:57:29.880 --> 00:57:35.679
a ceremony that's for a soldiers actually
killed in battle because of his stupid decisions

747
00:57:35.880 --> 00:57:38.840
to talk about how his son Bow
was killed in Iraq. And you know,

748
00:57:39.000 --> 00:57:43.239
the idea that he's going to be
offended because somebody asked him about it

749
00:57:43.280 --> 00:57:45.719
as an attempt to say, yeah, this is important event in your life.

750
00:57:45.719 --> 00:57:49.199
When did it happen or how did
it happen? You know, I

751
00:57:49.280 --> 00:57:53.440
think I think there's actually a worse
aspect of the story or worse detail than

752
00:57:53.440 --> 00:57:57.039
that. I mean, that's been
well known now that he lies about that,

753
00:57:57.119 --> 00:58:00.599
and and he just doubled down on
it. But one of the things

754
00:58:00.639 --> 00:58:02.480
he and his people have said,
I think he said to this and his

755
00:58:02.480 --> 00:58:06.880
people have been saying it the last
forty eight hours, is well, you

756
00:58:06.920 --> 00:58:09.480
know, those interviews were done with
the Special Council right after October seven,

757
00:58:09.719 --> 00:58:13.519
and you know, by I was
distracted by a you know, a global

758
00:58:13.559 --> 00:58:15.440
crisis. Well, the point is
presidents are supposed to be able to do

759
00:58:15.519 --> 00:58:19.559
more than one thing at a time, and you know, you know the

760
00:58:19.599 --> 00:58:22.760
contrast here was. I forget it
might have been Peter Wallace and John who

761
00:58:22.800 --> 00:58:25.719
you know well of course, who
told me this story, because Watson was

762
00:58:25.760 --> 00:58:30.159
White House counsel when Iran contra broke, when Reagan was in office, and

763
00:58:30.800 --> 00:58:32.400
you know, the Washington's going nuts. I forget what day it was,

764
00:58:32.440 --> 00:58:36.840
but when one of the really the
lid blue office with the North and the

765
00:58:36.840 --> 00:58:38.920
diversions, whatever it was, and
he said he went in and saw Reagan

766
00:58:38.960 --> 00:58:43.719
at lunch, that he had Furgod
Marshall in. So I don't know what

767
00:58:43.760 --> 00:58:46.920
the event was, but he said
he couldn't believe how serene and in command.

768
00:58:46.960 --> 00:58:52.199
Reagan seemed to be and so untroubled
and unruffled by what everyone else was

769
00:58:52.280 --> 00:58:55.800
running around like chickens with their heads
cut off. Right, And of course,

770
00:58:55.840 --> 00:58:58.719
you know he had some very rough
months ahead of him. But the

771
00:58:58.760 --> 00:59:00.840
point was he never said, gosh, I was distracted by this, that

772
00:59:01.000 --> 00:59:04.440
and the other thing. He was
able to do lots of things at once,

773
00:59:04.760 --> 00:59:08.599
as we saw. The analogy is
so far from being apt here,

774
00:59:08.719 --> 00:59:15.480
Steve, because you're talking about Reagan
and you're talking about Biden. Yeah,

775
00:59:15.480 --> 00:59:17.920
I know, right. I'm trying
to remember Reagan has some real choice things

776
00:59:17.920 --> 00:59:21.320
to say about Biden's diary. I
don't remember him on the top of my

777
00:59:21.320 --> 00:59:24.679
head. Uncle looking, I'm going
to tell you what Paul Mgala said about

778
00:59:27.400 --> 00:59:30.920
after the whole thing that came out
from the Special Counsel's report in Biden's response

779
00:59:31.079 --> 00:59:36.000
to it, was I slept like
a baby last night after I heard it,

780
00:59:36.320 --> 00:59:40.239
and I wet the bed every two
hours. Oh no, you,

781
00:59:40.480 --> 00:59:45.679
I mean Carmel, David Axel,
Rod Magala. There being kind of public

782
00:59:45.719 --> 00:59:47.920
with their alarm about all this,
and okay, well, I mean,

783
00:59:49.800 --> 00:59:52.719
never mind the twenty fifth Amendment.
What do they do? I told Steve,

784
00:59:53.039 --> 00:59:57.760
no more damn historical analogies. He
didn't listen to me. I said,

785
00:59:57.760 --> 01:00:00.599
you got one choose Wisely, he
ignored me. You've already had five.

786
01:00:01.280 --> 01:00:06.320
But I do want him for a
moment. So a lot can happen

787
01:00:06.360 --> 01:00:09.760
between now and summer. We've got
what this is February, what four months

788
01:00:09.800 --> 01:00:15.000
before four or five months before the
conventions? What happens if we get to

789
01:00:15.079 --> 01:00:22.000
Chicago? To Chicago the last time
we had a truly brokeren convention where Hubert

790
01:00:22.039 --> 01:00:30.079
Humphrey was chosen as a Democratic nominee
after not even entering a single primary in

791
01:00:30.159 --> 01:00:36.360
the Democratic election primary season in nineteen
sixty eight, and it led to riots,

792
01:00:36.400 --> 01:00:38.760
et cetera, et cetera. So
what's going to happen if Biden stays

793
01:00:38.800 --> 01:00:43.559
in the race all the way through
and we get to Chicago, or if

794
01:00:43.559 --> 01:00:46.440
he drops out? Steve, Well, look, I mean, by the

795
01:00:46.440 --> 01:00:50.199
way, it wasn't really broken in
sixty eight, and then you still had

796
01:00:50.239 --> 01:00:52.719
party bosses controlling delegations, so they
were able to deliver in the nomination.

797
01:00:52.960 --> 01:00:57.400
And you know if Kennedy, I
mean everyone said, oh, Robbie Kennedy

798
01:00:57.440 --> 01:01:00.119
would have wanted he hadn't died.
I think that's very doubtful because Johnson hated

799
01:01:00.199 --> 01:01:04.920
Kennedy and still had lots of power
with the party and would have moved heaven

800
01:01:04.960 --> 01:01:07.519
and earth to keep them from getting
Okay, But look, I mean there

801
01:01:07.559 --> 01:01:10.559
are supposedly procedures. I haven't looked
into them. I've read articles. I

802
01:01:10.639 --> 01:01:15.800
forget the details. But the parties
can change their rules and the continues the

803
01:01:15.880 --> 01:01:17.360
rules of the drop of a hat. Right now. Usually it's a long

804
01:01:17.400 --> 01:01:21.559
but they can change it quickly if
they need to. And the real drama

805
01:01:21.639 --> 01:01:23.079
is that how they're going to go
about doing this. I mean, they're

806
01:01:23.079 --> 01:01:30.719
going to release the delegates and I
don't know. I have no idea what

807
01:01:30.719 --> 01:01:34.559
will happen. I think we're in
completely uncharted territory. We've never worked john

808
01:01:34.679 --> 01:01:37.960
because I think the only element of
government he never worked in was the Federal

809
01:01:38.039 --> 01:01:45.880
Election Commission. Well they don't only
I only worked for constitutional branches of the

810
01:01:45.960 --> 01:01:54.000
federal government. I love it.
I should listeners. Yeah, Have I

811
01:01:54.119 --> 01:01:58.440
been losing them? Have I been
losing listeners already? I think you're a

812
01:01:58.480 --> 01:02:00.679
squish on the border. That's all
on the border. In the January sixth,

813
01:02:01.480 --> 01:02:05.800
in the Justice Department and and Okay, gone, what do you think

814
01:02:06.039 --> 01:02:12.320
happened with the with the Democratic of
primary? John? I'm just you know,

815
01:02:12.440 --> 01:02:15.440
so I was getting a little I
was getting kind of ticked off about

816
01:02:15.599 --> 01:02:19.559
all this last night when I saw
what was in the report, because I

817
01:02:19.599 --> 01:02:22.239
don't know about you guys, but
my Democratic friends are always saying to me

818
01:02:22.519 --> 01:02:27.480
things like, how can you allow
someone like Donald Trump to be president?

819
01:02:28.000 --> 01:02:30.840
Yeah? Right? And all I
was thinking now was, well, now

820
01:02:30.000 --> 01:02:35.159
you guys have proof, how can
you allow someone like this to be you

821
01:02:35.519 --> 01:02:39.000
my Democratic friends allow this person to
remain as president when now we have this

822
01:02:39.199 --> 01:02:45.119
is not just people speculating for what
they see on videos or hearing. This

823
01:02:45.320 --> 01:02:47.320
is a This is a report of
the Justice Department, Like this is a

824
01:02:47.440 --> 01:02:53.000
fine. I mean, can't me
how important this is is that the special

825
01:02:53.119 --> 01:02:59.519
counsel said he would otherwise have prosecuted
this guy but for the fact that a

826
01:02:59.639 --> 01:03:05.400
jury would sympathize with him because he
seems like everybody's senile grandfather, right,

827
01:03:05.599 --> 01:03:12.119
so or father? So, I
mean, it's not just like political speculation

828
01:03:12.280 --> 01:03:17.079
anymore. So I would think if
you really had a democratic party with responsible

829
01:03:19.199 --> 01:03:22.760
officials, with responsible people in it, they would figure out a way to

830
01:03:23.400 --> 01:03:28.719
write to pose Biden just like they
didn't have Trump. I mean, I'm

831
01:03:28.719 --> 01:03:31.239
sorry, just the way they didn't
have Truman run for an additional term,

832
01:03:31.599 --> 01:03:36.760
just the way Johnson didn't run for
additional term. They've got to use the

833
01:03:36.840 --> 01:03:42.480
inside party politics of their own party
to try to persuade Biden to step down.

834
01:03:42.639 --> 01:03:45.199
Look, you could say, you
could say to him, Look,

835
01:03:45.360 --> 01:03:50.039
you did what you promised. You
saved the country from Trump being re elected.

836
01:03:50.480 --> 01:03:53.920
You became the bridge to the next
generation of democ politicians. You brought

837
01:03:54.000 --> 01:03:58.400
us through COVID. So you did
what you said you were. You're going

838
01:03:58.480 --> 01:04:00.639
to be an important figure in American
history. You're going to ruin all that

839
01:04:00.760 --> 01:04:04.480
if you try to stay on for
a second term. Right, So why

840
01:04:04.559 --> 01:04:10.679
not send them off the stage with
applause and then swap them for somebody else?

841
01:04:11.679 --> 01:04:14.239
Hit Democratic Party leaders? Do that? Do they? Really? Is

842
01:04:14.280 --> 01:04:17.239
the whole Democratic Party really under the
control not of Biden, It's of Biden's

843
01:04:17.239 --> 01:04:23.000
staff. Really. Yeah, I
think it's a classic collective action problem.

844
01:04:23.480 --> 01:04:26.519
But by the way, I will
mention that this will should cheer Lucretia in

845
01:04:26.639 --> 01:04:30.239
a certain way. There are more
and more stories starting to leak out in

846
01:04:30.400 --> 01:04:33.159
this week about what an awful person
Joe Biden is and about how she yells

847
01:04:33.199 --> 01:04:36.599
at staff. Jill. Sorry,
I had doctor Jill Biden should have I

848
01:04:36.599 --> 01:04:41.719
should have done a proper title about
how she You know, Nancy Reagan used

849
01:04:41.719 --> 01:04:44.679
to have a bad reputation for being
tough on staff when something went wrong.

850
01:04:45.039 --> 01:04:48.400
Supposedly Jill Biden is a lot worse. And so that's an interesting little tidbit.

851
01:04:48.480 --> 01:04:53.239
We'll let's see at the media now, CNN, there's a CNN segment

852
01:04:53.519 --> 01:04:56.760
I saw, Yeah, there,
you go, right. They went on

853
01:04:56.880 --> 01:05:00.199
for like, they took a six
to seven minute segment fact checking Biden's press

854
01:05:00.280 --> 01:05:01.719
conference and saying, no, he's
wrong about that. That's also wrong.

855
01:05:01.800 --> 01:05:08.880
This isn'tcorrect. And oh and the
New York Times Friday morning five stories on

856
01:05:08.920 --> 01:05:14.360
the front page about Biden's memory problems
in the fallout from the Special Counsel's report.

857
01:05:14.599 --> 01:05:18.440
And you know, good grief.
So if you're a loyal seat CNN

858
01:05:18.880 --> 01:05:23.559
watcher who sometimes reads the New York
Post, I mean New York Times,

859
01:05:24.480 --> 01:05:28.119
you know you've got you've got to
be going through some kind of mental anguish

860
01:05:28.199 --> 01:05:30.920
at this moment because you've been lied
to for so long and had the truth

861
01:05:31.719 --> 01:05:35.880
obscured from your view for so long, this has to be just a mind

862
01:05:35.960 --> 01:05:40.800
blowing I would think. But anyway, we have so much more I would

863
01:05:40.800 --> 01:05:44.000
love to talk about. But we've
been going for a very long time.

864
01:05:44.079 --> 01:05:49.800
And I'm going to have to ask
John if he heard Kamala's full throated defense

865
01:05:50.519 --> 01:05:57.559
of our esteemed president and if he
was persuaded by it off side. I

866
01:05:57.639 --> 01:06:00.440
was going to offer that as the
comalism, so I guess i'd have to

867
01:06:00.559 --> 01:06:02.920
wright he said no, because maybe
people didn't hear it. Well, she

868
01:06:03.039 --> 01:06:06.480
said that it was you know,
mess representation, but it got worse,

869
01:06:06.519 --> 01:06:12.039
and she said he was unprofessional based
on her own, you know, deep

870
01:06:12.159 --> 01:06:16.159
experience as a prosecutor, and that
it was a direct partisan attack on the

871
01:06:16.280 --> 01:06:20.719
president. And gratuitous. Yeah,
oh yeah, that was a big word

872
01:06:20.800 --> 01:06:28.360
for her. Well, you know
what, for her being the vice president.

873
01:06:28.440 --> 01:06:30.280
I think she was grateful that this
whole thing happened, So she was

874
01:06:30.360 --> 01:06:34.039
gratuitoust towards Robert her that he did
this. Yeah, I just have to

875
01:06:34.119 --> 01:06:38.440
wonder what she's thinking. Okay,
I'm gonna go to the Babylon b Steve.

876
01:06:38.559 --> 01:06:45.320
So Steve sent me as if I
hadn't seen it already. The Babylon

877
01:06:45.440 --> 01:06:48.440
Bee is is a national treasure,
as just what I'm going to say right

878
01:06:48.480 --> 01:06:54.360
off the bat, and if you're
not subscribing to it, you should.

879
01:06:54.480 --> 01:06:57.920
So this one's new, Steve,
you might not have seen it. Forty

880
01:06:58.119 --> 01:07:04.199
chess. Trump four his judge to
grant full immunity after he speaks gibberish and

881
01:07:04.320 --> 01:07:11.559
shakes hands with the air. Okay, that's kind of funny, all right,

882
01:07:12.800 --> 01:07:16.280
you guys should laugh. More Man
ruled too senile to stand trial,

883
01:07:16.960 --> 01:07:23.239
Still fine to run country. You
know that's not even funny. That's a

884
01:07:23.320 --> 01:07:27.800
layup. Yeah, yeah, but
Biden calls for the president to step down,

885
01:07:29.519 --> 01:07:33.559
right, okay, a little bit
back to an earlier story, Catangi

886
01:07:33.639 --> 01:07:40.400
Brown Jackson pauses oral arguments to ask
Clarence Thomas, what is a constitution?

887
01:07:42.000 --> 01:07:45.719
Actually? I think it was Molly, Molly, Molly Hemingway. But a

888
01:07:45.840 --> 01:07:50.199
tweet, who is just I mean, it was just perfect. It was

889
01:07:50.679 --> 01:07:58.639
what's the guy's name from CNN who
came back? I shouldn't use those terms

890
01:07:59.239 --> 01:08:01.960
for master baiting on all. Oh, Jeffrey Tubman, the Tuban missile crisis,

891
01:08:02.000 --> 01:08:05.360
as I always call it. Yeah, so Tuban has this long,

892
01:08:06.960 --> 01:08:12.440
despicable rant against Clarence Thomas, and
Money comes back and says, he's I

893
01:08:12.519 --> 01:08:16.720
guess he's taken a break from masturbating
on camera to blah blah blah. And

894
01:08:16.800 --> 01:08:19.560
it was, it was, it
was perfect. But he was the only

895
01:08:19.640 --> 01:08:24.760
one at CNN who seemed to want
to, you know, take anybody else's

896
01:08:24.840 --> 01:08:30.079
side in this for a CHANGETANGI Brown. Troy passes that we didn't even get

897
01:08:30.119 --> 01:08:35.760
to the bipartisan by the four scariest
words in the English language, Bipartisan Immigration

898
01:08:35.960 --> 01:08:44.359
Reform bill. Yeah. Troy passes
border protection law limiting entrance of wooden horses

899
01:08:44.479 --> 01:08:47.840
to five thousand dollars a day.
Thers is a day? Right, Yeah,

900
01:08:47.920 --> 01:08:54.079
sorry one day. And then finally, because there's so many senators say,

901
01:08:55.000 --> 01:08:58.960
senators say they're not super worried about
running up national debt as most of

902
01:08:59.000 --> 01:09:01.600
them will die of natural causes in
the next year or so. And it's

903
01:09:01.640 --> 01:09:06.520
a picture. And then and mcgarth, yeah, you get it. I

904
01:09:06.600 --> 01:09:10.319
did want to say, Steve and
I had a back and forth this week

905
01:09:10.359 --> 01:09:15.239
about whether or not if McCarthy was
still Speaker of the House, there would

906
01:09:15.239 --> 01:09:18.319
have been a successful impeachment vote against
New Yorkis. I think Steve's wrong and

907
01:09:18.439 --> 01:09:23.000
I'm right, but well beside,
they may still get him. I mean

908
01:09:23.119 --> 01:09:26.199
they were missing a vote, they
had a Democrat they weren't expecting to show

909
01:09:26.279 --> 01:09:29.079
up, and then they were missing
Steve's calise, who was has been ill.

910
01:09:29.920 --> 01:09:31.680
They and they can bring it back
up again because they did the parliament

911
01:09:31.800 --> 01:09:35.319
re maneuver and they may yet do
it, so we'll see. Okay,

912
01:09:38.079 --> 01:09:42.359
Uh, Steve, I want you
to end this. So I'm going to

913
01:09:42.399 --> 01:09:45.920
tell listeners, today's my birthday.
Oh, happy birthday. Thank you.

914
01:09:46.159 --> 01:09:50.399
I'm six. I was just with
you a few days ago. I don't

915
01:09:50.399 --> 01:09:56.319
see. I wish we would have
celebrated. That's okay. But but the

916
01:09:56.439 --> 01:10:00.239
reason I mentioned only is because I
want bumper music from Steve so wh ice

917
01:10:00.319 --> 01:10:02.920
in my life. So when I
turned sixteen, my best friend, believe

918
01:10:02.920 --> 01:10:06.600
it or not, she's she was
my best friend. There was a radio

919
01:10:06.680 --> 01:10:11.560
station in my little town that everybody
listened to, and of course everybody listened

920
01:10:11.560 --> 01:10:13.960
to when they're getting ready for school
in the morning. That's back in the

921
01:10:14.079 --> 01:10:18.479
days when you listen to the radio. And she dedicated Ringo Stars. She's

922
01:10:19.199 --> 01:10:23.239
sixteen, you're sixteen. You're beautiful
in your mind? You know the Ringo

923
01:10:23.359 --> 01:10:26.960
Stars song you Know It Right?
And Go Star had any songs, but

924
01:10:30.520 --> 01:10:35.720
but she asked the DJ to say, this is for my best friend Linda,

925
01:10:38.000 --> 01:10:41.800
who's sixteen and never been. Well, half the guys in Mason City

926
01:10:41.880 --> 01:10:45.479
know what Linda's never been, which
she thought would be hilariously funny and wasn't.

927
01:10:45.600 --> 01:10:49.039
But I've never forgotten it, and
I've never forgotten that song. The

928
01:10:49.119 --> 01:10:57.000
only other song I know of that
actually refers to someone's age is the other

929
01:10:57.079 --> 01:11:00.399
Beatles song I'm not a Beatles fan
at all and I'm sixty four? Will

930
01:11:00.479 --> 01:11:04.520
you still need me? Will you
still feed me when I'm sixty four?

931
01:11:05.359 --> 01:11:10.119
Yeah? And you don't want Whiskey
Girl from Toby Keith. Whiskey Girl could

932
01:11:10.159 --> 01:11:13.800
be the start because it was really
sad about Toby Keith. Yeah, I'm

933
01:11:13.880 --> 01:11:16.880
not a huge country Western fan,
but some of Like I heard a song

934
01:11:17.079 --> 01:11:25.520
the other day that was a duet
between Kobe, Toby Keith and god him

935
01:11:25.520 --> 01:11:30.000
I forget his name now that he's
a big rodeo guy. The songs called

936
01:11:30.079 --> 01:11:32.680
Copenhagen, and it's singing about the
virtues of the you know, the chewing

937
01:11:32.720 --> 01:11:36.960
tobacco. Oh not Danish socialism.
Okay, no, no, no,

938
01:11:38.079 --> 01:11:40.840
no no. And the funny thing
is that, you know the great thing

939
01:11:40.920 --> 01:11:45.720
about chewy tobacco, It cures warts
and freckles, It makes childbirth of pleasure.

940
01:11:46.239 --> 01:11:49.279
Just it's a funny song. And
then Toby Keith says, us,

941
01:11:49.279 --> 01:11:53.439
sure is better than singing all them
old love songs. And then the other

942
01:11:53.479 --> 01:11:57.880
guy says, yeah, Toby,
that is a love song. So anyway,

943
01:11:58.079 --> 01:12:00.279
I miss and he died of cancer
as well, and I can't believe

944
01:12:00.319 --> 01:12:02.880
I can't remember his name. But
you know me, I can never remember

945
01:12:03.000 --> 01:12:08.399
names. So a lot of we
lost a lot of people lately. Yeah,

946
01:12:08.760 --> 01:12:11.159
yeah, that's right. All right, John, you want to launch

947
01:12:11.239 --> 01:12:15.479
us out, I'm trying. Oh
yeah, So always drink your whiskey,

948
01:12:15.600 --> 01:12:19.880
meat and let's go Brandon and Steve
God save the queen. Mano. I'm

949
01:12:19.880 --> 01:12:25.039
going to come up with some new
bidenisms after this week rotation. All right,

950
01:12:25.079 --> 01:12:30.880
bye, bye, guys. When
I get older, losing my hair

951
01:12:31.600 --> 01:12:40.039
many years from now, will you
still be sending me a Valentine Birthday greeting

952
01:12:40.319 --> 01:12:45.399
bottle of wine? If I've been
out till quarter to three? Would you

953
01:12:45.800 --> 01:12:49.760
lock the door? Will you still
need me? Will you still feed me?

954
01:12:50.279 --> 01:13:09.720
When I'm sixty four? You'll be
old, dirty, And if you

955
01:13:10.000 --> 01:13:21.079
say the word, I could stay
with you. I could be handy,

956
01:13:21.520 --> 01:13:29.640
mending a fuse when your lights have
gone Ricochet. Join the conversation.

