WEBVTT

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Well whiskey coming take my pain?
Does my brain? Oh whiskey? Don't

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you let me whiskey? From Powerline
blog dot com and produced by Ricochet dot

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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's gotta give me and let

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them whiskey blow where you're being in
low down in Lowell, Welcome everybody to

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another episode of the Three Whiskey Happy
Hour, where we come to you from

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all over the globe. I'm John
You, you're co host, and I

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am in the Riot Center of America
aka Philadelphia, where people have been an

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upset nationwide about his series of riots
that occurred in our major downtown shopping center,

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but which those of us in Philadelphia
call Friday Night. And we're joined

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by partners in crime Steve Hayward and
the International Woman of Mystery, Lucretia.

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I must say, Lucretia looks wonderful
in her French philosopher's outfit. She's wearing

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a black turtleneck and you can just
see the galwas cigarettes smoke offscreen going up

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in the air. And Steve,
Steve is Steve has somehow, somehow,

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somehow attracted her to coming to where
hungry. They're both in Hungary. Now,

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what are you guys playing there?
You know? I don't. I

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mean maybe Steve I got invited all
on my own. Yeah, that's we'll

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come to that in a minute.
But Lucretia, I don't. I don't

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get it. I mean, maybe
John's tired out from rioting and looting.

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But sometimes, once again, he
sounds like he's on Zamix starting out tonight,

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Whereas usually John, you come on
a podcast or a Fox News show

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and it's boom, and you're there
with a joke and there's high energy,

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and I don't know, you're trying
to be too a proper or something.

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I don't get it, you know, Okay, Well, because I'm in

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Philadelphia. It's because I'm in Philadelphia
where we say that things the old way,

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old school here, right, Tell
guys, what are you doing in

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Hungary without me? Well, I'm
here for a whole month doing all kinds

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of things, but Lucretius here for
a few days because we're presenting together.

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I should let me say that again. We're both presenting papers at a conference

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on Monday and both of us are
not finished with our papers yet, so

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we're sitting here not unlike what you
were saying, without the cigarettes, but

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lots of coffee working on our papers
together because we're behind together and we're working

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on them separately. Yeah, what
are your papers about? And what's the

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conference about? Christianity and politics?
Is the name of the conference. Mine

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is on equality and the rule of
law. Mine is on metaphysics and the

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theological political problem. I think it's
okay big. It's at the National Public

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Service University, and it's amazing how
much stuff goes on here. You know.

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I'm used to the think tank world
in Washington, where there are lectures

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and seminars and panels every day all
over town, where there are lectures and

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seminars and panels and events and conferences
going on all over town every day.

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Here in Budapest, it's and people
from all over the world who are here.

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I run into a lot of famous
Americans. I ran into Scooter Libby

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my first day here. He was
at a conference. JD. Vance is

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supposed to be coming this week,
except he may be stuck because of the

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government shutdown, which we can come
to. So and then I'm meeting lots

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of Europeans, so it's I'm having
a great time. Lots. If people

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follow Steve's Facebook feed, which they
should, they will notice at all Steve

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Steves eat over. There's cheese and
salami plates every day. It's a new

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picture of a different kind of saloni. Well, I haven't hanging out in

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cafe scrutin a lot, which is
fun and lots of other caf So yes,

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it's a fun way to do things. Yeah, thank you. So

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now we've established at Steven you actually
say Facebook. Yeah, Facebook, and

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that's what the old people use to
community. No, I'm not. I'm

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not old enough to use Facebook for
the latest on the cresis TikTok recipes.

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I don't go on TikTok either the
other There's only one other thing I have

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to tell you, John. So, I have my closet at home.

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I have my shoes on a very
high shelf all the way around the walking

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closet. I have a ladder for
them, and I went and we're gonna

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have to post a photo of that
onto the website. I went to get

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a pair of shoes to pack,
and I missed judged which rung of the

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ladder was on and I crashed down
on one of my on my right leg,

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and so I'm walking around looking like
an old lady that ought to be

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using Facebook with a king and because
yeah, it's ridiculous, just so you

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know, so so so Steve can
actually keep up with me now. But

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Lucrisia, now that you've been there, you know, Steve A. Chris

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has been stationed there abroad for a
month. Now, this is what's your

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first impression of Hungary? What do
you think of it? Your taxi driver

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maybe I don't know. You know, I had a lovely taxi driver,

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very conservative guy. I wasn't a
taxi, I was more of a like

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a car service. And he wanted
to take me around and show me Budapest.

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He said, do you mind if
we it's a little bit longer to

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get to your place. I said
no, that's fine, and so he

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took me all around. He did
you know you were married? Yeah?

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Yeah. We talked about my husband, we talked about his girlfriend, I

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guess, and kids. But he
was very conservative and he was a little

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careful how he said it to me
at first, until he kind of encouraged

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him. But it was very interesting, So that was fun. Other than

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that. I've just been tired.
You know how that goes for your first

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twenty four hours. Yeah, she
just got here yesterday, didn't He properly

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complained about the American ambassador who tweets
almost daily complaints about the Hungary's government,

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which seems very undiplomatic to me.
People here really outraged about it. He

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actually, he said, I don't
care what you do in the privacy of

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your flat, but you know,
anyway, Yes, so that was fun

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and it's lovely here. Actually people
seem very nice. Yeah we are.

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We're trying to fix up with dinner
with the Spanish lawyer i've met, who's

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really interesting. He's really sound,
very conservative. Didn't start out that way,

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but working ten years at the European
Union in Brussels changed his mind.

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So he's full of great stories.
But John, I mean, look,

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you're the host. But on the
other hand, you know, you've got

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some news force on several fronts.
One is I mean, seriously, the

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riots in philadel close to where you
live. I think, did you see

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this or hearing you? Know?
So, Actually, this is the funny

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thing. I was in town the
day of the riots, and that night

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John Bolton was speaking in Philadelphia at
the Union League, and so I went,

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I took my mom, we went
to watch this speech. So we

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were actually two blocks from where this
was happening at the time it was going

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on. So you hear a lot
of noise and the police have closed off

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these, you know, the probably
though maybe the wealthiest blocks in Philadelphia.

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So, like I said, I
was like, no big deal, It's

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just another Monday night in Philadelphia.
But we're like, why, you know,

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why are the police blocking off all
these city blocks? And then you

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know, we discovered that there had
been one of these flash Now we're used

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to in San Francisco, in Los
Angeles, you see those videos of people's

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you know, jumping attacking Macy's and
Nordstrom, but this really hasn't happened in

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Philadelphia to the extent. So not
only was there this attack on the nicest

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shopping street, but I take it
there were over eighty eighty attacks on liquor

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stores, convenience stores, and the
It's incredible. There's been these people.

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Some of these people engaged in these
riots video themselves while they're doing the riot

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and posted on Instagram and the other
social media sites that Lucretia uses. And

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the most incredible things, Like one
person is saying people got to eat,

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people got to eat, while people
are running out a foot locker with sneakers.

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That's nothing to do with you know, there's not a class of starving,

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hungry people. I could see,
you know, this are like the

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French Revolution in seventeen eighty nine.
I could see breaking into a food store.

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But the stores that were hit were
Apple Apples. So the stores that

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were hit, there's also interesting,
these were not you know, subsistence stores.

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One of Apple store. One was
a lu Lu Lemon, which I

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guess is a store for yoga pants
and foot locker. And I give to

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stop on the Lulu limit. Not
only is it a store for yoga pants,

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it's for yoga you know, three
dollars worth, three dollars yoga pants

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that they sell for like one hundred
and fifty dollars, while while they are

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trashing capitalism. Yeah, and so
you know, given the you know,

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the socioeconomic you know appeal of the
places that hit, I thought they were

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going to break in a whole Foods
next. They're not even going to dagn

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to break into a Starbucks. They're
looking for a PiZZ Yeah. So that's

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all that you know, I mean. But one lasting about the riots was

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there was a protest earlier that day, a big protest because a police officer

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who had shot an unarmed suspect but
who the police thought was armed was a

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judge refused to allow us prosecution to
go forward that day. So it's a

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big controversy in the city. So
during the day there was a largely peaceful

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protest in front of city Hall.
But then at night, I think people

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you went too far. Maybe they're
different people than the rioters. Maybe they're

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the same people who are in the
I'm sorry, different people in the protests,

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or maybe they're the same people participated
in the protest, but I think

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they definitely took advantage of it.
The other sad thing, here's one last

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observation. The other sad thing is
they media interviewed people. So this is

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a great shopping street, lots of
restaurants, so there are people sitting in

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all these restaurants eating outside. It
was a warm day, and so they

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interview people who were who watched,
and they said to one person, did

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you do anything? And the person
shamefully says, I averted my eyes.

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And they said why there's like,
what am I supposed to do about it?

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And then another person said, oh, this is terrible. Where were

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the police? And then they said, well what did the police do when

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they got there? And they said, well they let everybody go, oh

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one marry on our times. Yeah, I mean, well they right,

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I did. There's one police video
that's making a lot of rounds on Twitter,

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as you might expect, and then
may be the only one. But

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so the police really get into a
fracus with several people and there's you know

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a lot of beating down on each
other. I will say that people were

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to put it mildly resisting arrests or
more than that. The other one was

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is you know the Apple store.
All the devices in the Apple Store,

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as people may know, are disabled, So you steal them and take them

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out of the store. You can't
use them. So what do people do.

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They just smashed them on the sidewalk. And so that's just nihilism at

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work. That's that's not even thievery
for profit one less. That's what the

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one less policy issue is. I
hate to see it, but the city

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gets what it wants, and this
is a city that has one of the

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most progressive of the Hungarian funded prosecutors, right, because they are funded by

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the George Sorrow's charitable network, and
he so he when he as prosecutor,

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he has said he's going to de
emphasize property crimes and he has as as

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a grounds for proscution. And even
despite this, even despite rising crime rates,

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historic murder rates, Philadelphia reelected them
just last year, right, whereas

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even San Francisco recall their Sorrows prosecutor
exactly by the landslide. So I don't

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get it. So anyway, sorry
for going on so long, but it

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really is all right, Yeah,
yeah, this week was really really symbolic

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of what's going on in our inner
cities and what's going on with crime.

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I heard it. Sorry, I'm
just gonna quickly tell you, John,

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I heard somebody talking about I think
it was Jesse Waters as dry as I

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was drying, talking to somebody in
Seattle, and Jesse Waters kept saying,

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how is it that I care more
about what happens to the people of Seattle

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than the people of Seattle do?
And why, you know, why do

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they keep But the argument, I
don't remember who he was interviewing was that

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they really go out of their way
to make people afraid to be afraid to

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be uh, what's the word critical
even of that kind of activity of the

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drugs, the homelessness, saluting that
all the things going on in Seattle as

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well, and that that it's the
attempt to sort of mind control people and

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to feeling guilty and accepting that is
so great that people in less maybe in

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the privacy of the voting booth,
will not even admit to not liking the

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situation. How you know, what
what is that? Is that what you're

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seeing in Philadelphia? I agree?
Like, why are there no? Why

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is it there a candidate coming forward
to say I'm The only issue I'm running

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on is we're store in law and
order? Aren't you sick and tired?

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Yeah? Basically the Emperor without clothes. Yeah, it's not basically Nixon's platform

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in sixty should be said, though, I mean you mentioned Seattle. Uh,

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Seattle actually elected a Republican district attorney
last year with considerable support from some

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prominent non crazy Democrats, and it's
a woman. And my understanding is they

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have actually reduced some crime in Seattle, but one thing. But look,

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I mean, you still have the
same stupid laws about homelessness that they can't

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do much about. But one of
the things they did was something incredibly old

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fashioned. The DA got together with
the police and said, you know,

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we noticed that an awful lot of
crimes are committed by the same people.

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You know, one hundred people commit
a thousand crimes something like that, And

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they made a point of targeting those
people and not letting them out on bail

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and prosecuting them much more strictly than
they have been doing. And people say,

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gosh, who knew. I know. The New York Time set a

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story a few months ago that said, good grief, it turns out six

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hundred criminals that keep getting released over
and over again are responsible for half the

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crime. This has been known since
the Reagan years, right that was the

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Reagan Justice Department at first said you
know, bet if we quantify this,

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we'll find hyderpensti criminals are half the
problem, and why don't we target them

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for long sentences? And that was
a big part of the reduction of crime.

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And now we're really learning that lesson. And so there's a lot of

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problems still to go in Seattle,
but they've actually taken some steps and elected

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a DA who's not insane Glad Lucretia
mentioned Jesse Waters because Jesse Waters has made

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one of the podcast hosts a nationwide
star as a piece of scenery, because

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if you haven't seen her hit,
Heather McDonald was on Jesse Waters, which

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has led to millions and millions of
views and hits of the Pacific of the

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Public Law and Policy Program video page
at the Brookley Law School, because what

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happened. What happened? We had
Heather McDonald come, there was a protest,

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and who was right next to Heather
while Heather was defiantly attacking the protesters

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and her actually very rational, measured
way was one Steve Hayward. Steve,

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So that was my job. But
tell us about this because it also ties

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in with the first star we're going
to talk about, which is the collapse

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of the original, the original gangster
of the d EI movement, Ingram Kendy.

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But before we get to that,
Steve any thoughts he is viewed by

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being viewed by millions and millions of
Americans. Well, I guess I've been

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overseas, so I've miss dulls well
because right, oh no, this clip

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of you and Heather talking under tack
under fire for by Pope can't see the

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protesters are off camera, but the
protesters are saying being at Berkeley Law every

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day is being subjected to racism.
Yeah, and Heather saying back, you

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are the most privileged class of people
in the university if you are black.

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The university is doing everything you can
to help you, to admit you.

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And Steve, you show no expression. But I know the viewers and listeners

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of the Powerline podcast they really want
to know, what were you thinking this

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this clip? This clip has been
viewed millions millions of times. I mean,

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our fox had probably had you know, two million, three million viewers,

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but then it's been has been,
It's been downloaded and viewed millions of

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times. Now. Yeah, I
keep worrying John that you and I are

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going to get a lot of blowbacks
from that from the on campus. But

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good thing we're both out of town
right now. I guess. Look,

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I mean, look on my job
as the moderator, of course, and

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also Heather is perfectly capable of defending
herself and doesn't need any help from me.

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So that's one reason I h I
was mostly concerned, of course,

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with making sure it did not spin
out of control, which did not actually

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everybody, if they watched the whole
video, Steve actually successfully stopped any kind

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of outbursts protests from breaking into Heather's
right to speak. Yeah, yeah,

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so I'm on the whole It's pretty
pleased with not only the fact that it

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has gotten a lot of attention,
but that the event did come off without

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blowing up and becoming a shout down
or you know, the kind of things

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that happened. You know, most
recently Robbie George, who you know.

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I know Robbie, but I think
he's a pretty tame guy, well respected,

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and he got shouted down at I
think it was mary Washington College in

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Maryland. And so far no consequences
from this have happened to any of the

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students from my understanding. But we'll
see. As someone who's just sitting in

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the audience enjoying that I was not
the moderator, I have to say to

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me, the good thing about these
kinds of events, even with disruptions,

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is I got the feeling this might
have been the first time several of these

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protesters and other people audience heard a
measured, careful case against racial preferences.

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They were and they were shocked,
you know, they couldn't believe I hurt

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people saying that can't be true.
Are things that there's a statistics that how

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they was saying. So even despite
all the circus like atmosphere, I think

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it is important to continue to do
these kinds of events. Yeah, Campus,

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I don't know what you had to
show. One thing you can't see

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for just the straight video feed is
that there were the protesters I think were

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outnumbered by people who said nothing,
people who were there to listen and learn.

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And you know, I noticed one
of us over quite a number of

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people came up to Heather with copies
of her book, wanting her to sign

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them. So I think there was
an equally or maybe even larger group of

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people in attendance who they may have
been on the side of them, may

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have been on her side, who
knows, but I think that she made

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an impression on them as well.
Okay, so then the other. Let

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me move to the other. I
think news coming out of the universities with

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the di business. I'll ask Lucresia
her thoughts about this. Is the news

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about Ibram Kendy at Boston University.
So this the news here this week was

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that Kendy had to lay off half
the staff at his Lucretia will love this

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title Center for Anti Racist Research at
Boston University, and the university has opened

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an inquiry now, an investigation into
his writing of the place because, by

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the way, but apparently employees themselves
have claimed that there was poor pay,

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employee exploitation, no research produced,
all for forty three million dollars in donations,

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Lucretia, what do you think of
this? Is it? Is it

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inevitable? Is he getting his just
desserts? Or is this just an isolated

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example of a bad apple. So
tell me where we've seen any kind of

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critical race theory BLM anti racism,
Ingram Candy butthole professor, any of those

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people who are ethical and above board
and actually do anything to advance the interests

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of the marginalized communities that they claim
to be patronizing here And just give me

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an example if you can of a
single one. You know, every single

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one of them is corrupt, every
one of them ends up being you know,

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sucking in huge amounts of corporate dollars. And then of course, you

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know, we find out what's happened
to that money, We find out,

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you know that Ibram Kendy is not
even capable of doing research, as you

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put out. He I think that
they claim that one paper that was co

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authored by six other authors outside of
the center was published during this entire forty

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three million debacle. And you know, we have to listen to that scumbag

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Kendy butthole professor lecture us about our
white racism. I couldn't happen to a

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nicer guy. Help they find that
he embezzled at all, and they put

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him in jail. But by the
way, it's not just white racism he

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complains about. He complains about blacks
who he says they're racist, like a

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John mccorder he called racist. Right, it's if you disagree with him,

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you're a racist. That's the basic
definition. Actually, it was our great

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teacher Harry Jaffa forty years ago said
racism in practice means any descent from the

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program of the left and course,
and Kendy says, you have to be

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anti capitalist, right. But I
think I mean, first of all,

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just a little brief history about this. Kendy was the big star of this

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whole scene at American University in Washington, and Boston University lured him away I

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think back in twenty twenty or twenty
nineteen, with the offers of more money.

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Jack Dorsey was then still running Twitter, gave Kendy quite ostentatiously ten million

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dollars in an unrestricted grant, says
you gas go use it however you want.

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And so you know, I predicted, and I, by the way,

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John mcwarder and Glenn Rowley predicted that
this was going to come to no

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good end for Kendy and Boston University
where by the way, Len Lowry taught

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at Boston Unity University for many years
before going to Brown where he is now.

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So it happened a little quicker than
I expected. But it's the fallout

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from this that has been the most
interesting in my mind. First of all,

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the Left is rushing to disassociate themselves
from Kendy. They are turning on

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him with a ferocity that I did
not see coming, saying, well,

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really, he was never really a
critical race theory scholar of any note.

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He's that writer. People even say
that, Oh yeah, they're saying that.

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And it's really it's hilarious to watch
this because there's all kinds of places

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where you can see Kendy saying I'm
you know, I'm shaped by critical race

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theory and Richard Delgado and all those
people. Second some of the attacks I

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really liked the left or saying well, this shows when white liberals find a

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black celebrity to be their front person
for their own white liberal racist guilt.

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I mean, it's unbelievable the explanations
are coming up with. But there's been

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some amazing stories that have come out
of two or three brave faculty at Boston

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University who dissented at the beginning and
said, you know, this is really

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pretty lightweight stuff to try and make
anti racism and make Kendy the center of

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the entire university's ethos as a mistake. And you know, administrators and some

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faculty came down very hard on these
people. Yet another data point in my

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view that administrations are often worse than
faculty at many universe and so Boston University

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deserves all of disgrace they're going to
get out of all this, I think,

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by the way, it's one thing
to say, I guess I'll will

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modify what Lucretia said a little bit. To this extent, not only disagree,

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but these activist centers never come to
anything they're they're really pretty corrupt.

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But look, there are thinkers over
the years that you could at least engage

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with who try to make serious arguments, like Derek Bell, who really originated

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critic illegal theory, critical race theory, or Randall Kennedy or Henry Lewis Gates.

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There's a couple of others who I
think are they're sort of in the

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past now, but they were never
the rabble rousers. They didn't catch on

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with the Al Sharpton's of the world. And see, that's what Kendy does

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is Kendy gives an academic veneer to
Al Sharpton. Is what's really going on.

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So I think listeners ought to be
treated to and maybe I'll drop it

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at some point Glenn Lowry's famous rant
on Kendy that's X rated out of that

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way. And that's why, and
I know you share this with me.

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I take umbrage at the lionization of
lightweight, empty suited, empty headed motherfuckers

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like Abra Mexican who couldn't carry my
book bad, who hasn't you, who

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hasn't read no, no, I'm
sorry, he hasn't read a fucking thing.

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If you ask him what Nietzsche said
he would have no idea. I'm

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sorry. I'm sorry. He's an
un serious, superficial, empty suited lightweight.

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He's not our equal, not even
close. I'm sorry. I can't

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join you. You met me,
I would exagin made me do it.

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But you're offended by it, Well
go ahead and be offended. I know

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some of our listeners will, but
they've got to hear it anyway. But

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anyhow, that's my rant about Kendy. I do think there's a larger point

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here that Lucretian I have been discussing
and also arguing about in our usual friendly

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way where we misunderstand each other.
You know, we've talked a lot about

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We've talked a lot about in previous
episodes about the malpractice of Republicans on abortion.

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You know, even when they saw
the Dobb's decision coming, they seemed

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to fall mute and not have any
good arguments or strategies or tactics, and

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are now paying for it politically,
it appears. But likewise, I thought

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for a long time that Republicans were
miserable and arguing about equality, and they've

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allowed people like Kendy and Left to
swallow more and more ground and transform equality

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into equity as we know, and
they're just bad at it. And you

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know, this is the party of
Lincoln. Why is it so difficult for

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Republicans to appropriate the understanding of equality
that Lincoln had and updated and modified and

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use it for our current times.
It's a huge rhetorical failure, which is

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in the end a huge intellectual failure. And that's what Lucretia tells me,

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I'm not going far enough. Well, you're just oversimplifying it, that's all.

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Well, that's my job, I
know, but and it's a little

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bit rough to do this on a
podcast. But the point of the matter

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is is that the reason equality is
rejected by the left and by many many

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many conservatives actually is that it's it's
a limiting principle in the sense that equality

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and you know, look at it
as equality of all human beings in the

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eyes of God, if if you
want to look at it from that point

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of view, that there are among
the human species no natural rulers. That

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what it does is it limits even
social contract in democratic forms of government,

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because it says you can't actually be
an Imbram candy and you know, use

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equality as a as a cudgel as
a tool to beat people over the head

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and say, just give me more
money to pay for your sins. You

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know, it's all these things that
a proper understanding of equality means we recognize

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the rights of every person. We
recognize also that the lottery of life doesn't

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make equality doesn't turn on quality of
opportunity and equality of results, and that

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gives us a certain sense of the
limitations of politics and the need for prudence.

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This is not fair to do in
this sort of context, but that

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what you see people like Ibram Kendy
don't want is in fact any kind of

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limitation on their corruption, any kind
of limitation on them being the elites with

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power and taking it away from everyone
else. There's there's a whole lot of

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reasons why people reject nature and reject
the principle of human equality, but they

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always have to do with the fact
that a genuine commitment to the principle of

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equality and natural rights would force people
not to be the corrupt so bees that

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they are. I'll leave it oversimplified
like that. Well, that's actually pretty

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I'll put it this way, John, If if more of our political leaders

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had some instinct for arguing the way
Lucretia just put it out. And there's

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a lot too that we wouldn't be
leaving it to just a legal question in

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a legal domain. And so in
other words, you know, we have

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I think the Harvard case this is
a huge win for the understanding of equal

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protection of the law and the idea
of equality in the fourteenth Amendment. But

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we have, and well, we're
kind of lucky that we got a court

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aligned to finally get us to this
point. And I think it's a mistake

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to simply see it as a legal
problem or see the judiciary as the primary

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remedy for this problem. So I
don't know, but John doesn't believe in

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prudence. I'm not still not sure
what it means other than cost benefit analysis.

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But but actually, one last point
that Lucretia made in the beginning of

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her comments about Kendy, and I
think gets raised by what you both just

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said, is but do you think
any of this is gonna can be controversy

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and the scandal is going to slow
down the d EI cause at all.

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As Lucretia said, and as you
both of you actually mentioned these, this

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whole thing was funded by corporations,
by wealthy people who feel guilty or who

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wanted to make some donation to fix
up their public images, I suppose.

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And do you think this is going
to cause any of these people, many

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of them may be very well meaning
actually, from stopping their support for this

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this principle or this idea of equality
that Lucrecia mentioned, which is corrupting our

402
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institutions. You know, so we
know that the BLM chick, well,

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I don't. I can't be bothered
to remember the name of some Cretan like

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her. But the one that you
know that had all the houses, Patricia

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somebody or other, And I mean
that has that never stopped corporate America from

406
00:31:02.160 --> 00:31:10.599
dumping money for their guilty consciences over
their white racism and exploitation into these really

407
00:31:10.640 --> 00:31:15.480
corrupt organizations. What I think might
make a difference, though, the work

408
00:31:15.519 --> 00:31:18.799
that you're doing, John, the
work that the Pacific Legal Foundation is doing,

409
00:31:18.839 --> 00:31:22.720
the work that started with the Harvard
case and seems to be continuing.

410
00:31:22.759 --> 00:31:26.519
I saw that the question, you
know, the big debate we had about

411
00:31:26.559 --> 00:31:30.200
the service academies that you know,
they're trying to push really hard that this

412
00:31:30.200 --> 00:31:33.319
didn't apply to the service academies and
they can get away with being racists still

413
00:31:34.279 --> 00:31:40.880
based on, you know, the
little footnote of Roberts in the Harvard case.

414
00:31:41.119 --> 00:31:45.559
But we're seeing over and over and
over again lawsuits being brought against corporations,

415
00:31:45.640 --> 00:31:51.000
lawsuits being brought all over the place
against people trying to get around the

416
00:31:51.039 --> 00:31:56.359
impact of that decision. And I
think that because of the kind of what

417
00:31:56.359 --> 00:32:00.640
would you call is is in your
face sort of fiance to the Supreme Court's

418
00:32:00.680 --> 00:32:05.680
decision. I mean, they made
a principal decision. We can argue the

419
00:32:05.759 --> 00:32:08.680
finer points about, you know what, whether it should or shouldn't apply to

420
00:32:09.160 --> 00:32:14.000
the service academies, but it was
a principal decision, and the principle has

421
00:32:15.559 --> 00:32:19.119
and you know me, I don't
often praise Roberts, but this was a

422
00:32:19.119 --> 00:32:24.240
principal decision he did a great job
on and I think that, you know,

423
00:32:24.319 --> 00:32:30.079
over time, that is going to
make a difference in the same way

424
00:32:30.160 --> 00:32:34.680
that the decision in the Bockey case, you know, forty five years ago,

425
00:32:34.720 --> 00:32:37.839
whatever it was forty five years ago, actually made a difference in the

426
00:32:37.839 --> 00:32:42.359
other direction. That brought us,
yeah, brought us diversity, equity and

427
00:32:42.400 --> 00:32:46.799
inclusion as its own uh Telo says, its own be all and end all

428
00:32:46.880 --> 00:32:54.079
of social social justice, the ends
of society. I guess you could say.

429
00:32:54.200 --> 00:32:58.119
So that's what I think, John. I mean, I think that

430
00:32:58.880 --> 00:33:02.000
you know America, so much of
what happens in America is in fact the

431
00:33:02.039 --> 00:33:06.599
function of the final legal decisions that
are made, and because of that,

432
00:33:06.680 --> 00:33:08.599
I think we'll see some progress.
Maybe, yeah, I have. I

433
00:33:08.640 --> 00:33:13.640
mean, I can see some grounds
and the intermediate long term that it possibly

434
00:33:13.920 --> 00:33:16.680
might force the d EI business into
retreat. But one thing I'll skip overall

435
00:33:16.720 --> 00:33:19.960
that takes you on to lay out. But one thing I would like to

436
00:33:19.960 --> 00:33:24.960
see immediately is I'd like to see
shareholder resolutions for big companies that gave money

437
00:33:25.039 --> 00:33:29.839
to BLM, and the shareholder resolutions
should call in the companies to do an

438
00:33:29.880 --> 00:33:32.720
audit of how their money was spent
by the organizations they gave money to.

439
00:33:34.960 --> 00:33:39.039
JP Morgan and other big companies will
oppose these resolutions and very likely defeat them,

440
00:33:39.119 --> 00:33:43.079
but I still think it'd be worthwhile
going to the annual meetings and standing

441
00:33:43.160 --> 00:33:47.440
up and you know, reading what
happened to BLM funds and embarrassing the executives

442
00:33:47.440 --> 00:33:52.000
who voted for these things and wrote
the checks. I think that's at least

443
00:33:52.000 --> 00:33:57.319
worthwhile for theater, and you know, if you go back to it's thirty

444
00:33:57.400 --> 00:34:00.119
years ago now, but you know, I remember Charled a little different,

445
00:34:00.160 --> 00:34:05.079
but not entirely. Charlton Heston went
to the Time Warner annual meeting, and

446
00:34:05.119 --> 00:34:07.960
of course he's Charloton Heston, but
he got up and read aloud the lyrics

447
00:34:08.000 --> 00:34:12.639
to a rap record that one of
the Time Warner labels had released, and

448
00:34:12.639 --> 00:34:19.199
of course they're totally vile and foul, and Time Warners sold Interscope records a

449
00:34:19.199 --> 00:34:24.360
week later, So it actually worked
right, and I didn't stop rapping music

450
00:34:24.480 --> 00:34:29.920
from being the cesspool that is.
But still, I think it's one thing

451
00:34:29.920 --> 00:34:32.159
to have lawsuits from our friends at
Pacific Legal and elsewhere, but I think

452
00:34:32.239 --> 00:34:37.679
some good old guerrilla theater and corporate
boardrooms the Left's been doing this forever,

453
00:34:37.760 --> 00:34:45.320
so why shouldn't our side do it
too. That is a nice segue actually

454
00:34:45.360 --> 00:34:47.960
into the law part of the show. So some things that have been happening.

455
00:34:49.880 --> 00:34:55.679
One is in terms of hosts making
news. I finished my expert testimony

456
00:34:55.760 --> 00:35:01.800
this week in the John Eastman dispar
trial that's still going on. That's one

457
00:35:01.840 --> 00:35:07.079
piece of time. And then also
this week we had the Supreme Court hand

458
00:35:07.079 --> 00:35:12.320
down its curt grants after the summer, and the big news there is that

459
00:35:12.679 --> 00:35:17.199
the Supreme Court is listening Lucresha,
listening to Lucreshia, and is going to

460
00:35:17.599 --> 00:35:21.960
finally, not finally, it's actually
kind of early, but it's going to

461
00:35:22.000 --> 00:35:28.360
start laying down some rules of the
road for social media. They've taken cases

462
00:35:28.519 --> 00:35:34.679
about whether the social media companies themselves
are subject to the First Amendment. And

463
00:35:34.760 --> 00:35:40.000
so let me just briefly describe the
Eastman trial, since that was my participation

464
00:35:40.079 --> 00:35:46.840
in the news cycle for this week. This is a case where, for

465
00:35:46.840 --> 00:35:52.840
those who haven't been following, the
State Bar of California seeks to kick John

466
00:35:52.840 --> 00:36:00.360
Eastman out of the bar, effectively
preventing him from making a living, on

467
00:36:00.400 --> 00:36:06.519
the ground that the advice he gave
President Trump only in the days leading up

468
00:36:06.519 --> 00:36:13.639
to January sixth was so outside the
scope of what lawyers would advise that it

469
00:36:13.760 --> 00:36:21.239
was basically frivolous and violated professional standards
of conduct. And now it's interesting my

470
00:36:21.519 --> 00:36:24.400
participation, which went on for three
days, I was on the stand for

471
00:36:24.519 --> 00:36:31.119
three days both direct and I was
like, what is this is? Oh

472
00:36:31.239 --> 00:36:36.119
Jay trial? Am I am?
I describing where the where the where the

473
00:36:36.159 --> 00:36:39.000
magic bullet that killed Kennedy win.
I mean three days. It took three

474
00:36:39.079 --> 00:36:46.199
days. So it's interesting. There's
two questions. One is what was the

475
00:36:46.280 --> 00:36:52.199
legal vice John Eastman gave and where
does it sit within the range of what

476
00:36:52.239 --> 00:36:57.880
people think about this question? Who
counts the electoral votes? Who decides when

477
00:36:57.880 --> 00:37:02.880
there's a dispute over the legitimacy of
electors? Is that the vice president is

478
00:37:02.920 --> 00:37:07.519
that the Congress is at the Supreme
Court. So that was one question,

479
00:37:07.559 --> 00:37:10.199
That's what I was testifying about.
And then there's a second question, which

480
00:37:10.199 --> 00:37:15.639
the judge actually interesting repeatedly said is
only for herself to decide, which is

481
00:37:15.239 --> 00:37:21.400
whether that advice that John gave was
frivolous, was so outside you know,

482
00:37:21.559 --> 00:37:28.320
could someone reasonably hold his views given
the facts as he knew them. So

483
00:37:28.440 --> 00:37:31.000
Actually, the thing that I thought
was interesting when I did the research for

484
00:37:31.119 --> 00:37:38.480
the Larviewer article I wrote about this
subject was that at the time Eastman gave

485
00:37:38.480 --> 00:37:45.519
his advice in twenty twenty, there
were several other scholars who actually had said,

486
00:37:45.519 --> 00:37:50.639
maybe this is up to the vice
president, not Congress, including a

487
00:37:50.679 --> 00:37:54.679
couple of liberals I think become some
very famous liberal professors like Bruce Ackerman at

488
00:37:54.760 --> 00:38:01.000
Yale, even Larry Tribe at Harvard
suggests that this is a possibility. And

489
00:38:01.079 --> 00:38:06.599
the interesting thing Larry Tribe that said
that, the same Larry Tribe that said

490
00:38:06.599 --> 00:38:14.719
that Chump should be disqualified from office
because he committed insurrection. Yes, yes,

491
00:38:14.800 --> 00:38:16.639
in fact, we could talk about
that talk and the connection there.

492
00:38:16.679 --> 00:38:20.559
We probably don't have time to discuss
today, But there is a connection there,

493
00:38:20.639 --> 00:38:24.760
right, yes, Because the connection
is Larry Tribe's research assistant, who

494
00:38:24.760 --> 00:38:30.559
basically was working as an associate in
the Tribe law firm that he operates informally,

495
00:38:30.199 --> 00:38:36.360
is someone named Kenneth Cheeseboro. And
Cheeseborough wrote some of the memos too

496
00:38:36.440 --> 00:38:39.800
that are an issue here, and
he's been indicted in Georgia for giving this

497
00:38:40.079 --> 00:38:46.000
similar advice to the advice John gave. And this Cheeseboro fellow, who's,

498
00:38:46.079 --> 00:38:50.159
as far as I could tell,
for much of his career was a liberal

499
00:38:50.239 --> 00:38:53.719
Democrat, you know, working with
Larry Tribe on Larry Tribe's cases. He's

500
00:38:53.800 --> 00:38:57.960
demanded and won the right to an
early trial. So he's going to go

501
00:38:58.000 --> 00:39:02.199
on trial in Georgia next month under
George's speedy trial right. And the constitutions

502
00:39:02.199 --> 00:39:07.079
speedy trial, right, and his
case has been cut severed so it can

503
00:39:07.119 --> 00:39:09.400
go early. So we're going to
get an early preview actually of the Georgia

504
00:39:09.480 --> 00:39:15.519
racketeering case against the Trump campaign and
President Trump in just a few weeks because

505
00:39:15.840 --> 00:39:21.039
of this, So that that is
actually the link, and she's probably basically,

506
00:39:21.360 --> 00:39:22.599
you know, his defense is going
to be something along the lines of

507
00:39:22.599 --> 00:39:27.159
what I was about to say,
which is, back in Florida two thousand,

508
00:39:27.719 --> 00:39:31.079
these guys were urging al Gore not
to count the electoral votes from Florida

509
00:39:31.159 --> 00:39:35.519
because al Gore was not just the
losing candidate in two thousand, he was

510
00:39:35.559 --> 00:39:42.400
a sitting vice president. And so
right, these liberal theorists opened the door

511
00:39:43.199 --> 00:39:47.039
to the arguments that then Trump and
John Eastman made twenty years later. But

512
00:39:47.119 --> 00:39:52.679
anyway, so one thing about the
trial that was very interesting to me that

513
00:39:52.800 --> 00:39:57.079
I right again hadn't thought of it
discovered until I did the research for this

514
00:39:57.199 --> 00:40:00.760
was it there were a number of
scholars actually who took this view, some

515
00:40:00.960 --> 00:40:07.760
very prominent years before the twenty twenty
election dispute arose. And so if that's

516
00:40:07.800 --> 00:40:13.599
the case to me, but I
wasn't allowed to testify about the should the

517
00:40:13.639 --> 00:40:19.280
court actually find this reasonable for John
to believe. But how can you say

518
00:40:19.679 --> 00:40:25.360
Eastman acted unreasonably or that his views
or outside the beyond the pale, when

519
00:40:25.719 --> 00:40:30.559
actually there were other scholars who had
said long before twenty twenty that this was

520
00:40:30.199 --> 00:40:34.760
in fact one of them says,
this is the better view. Since one

521
00:40:34.960 --> 00:40:38.480
thought I had, and then the
second thought I was just I just don't

522
00:40:38.599 --> 00:40:45.480
see why the bar state bars should
stick their nose in to a case like

523
00:40:45.559 --> 00:40:51.800
this when the criminal justice system and
special counsels and Congress are all investigating it.

524
00:40:52.079 --> 00:40:55.599
You know, state bars usually investigate
you know, lawyers stealing money from

525
00:40:55.639 --> 00:41:01.519
their clients or fullling asleep at trial. And now they the state bar is

526
00:41:01.559 --> 00:41:07.159
going to get involved with high matters
of state and interpretation of the Constitution,

527
00:41:07.559 --> 00:41:13.000
where there are no judicial precedents,
where there's no authorities. It's all really

528
00:41:13.000 --> 00:41:16.639
about interpreting the original understanding of the
Constitution. And they're going to say Eastman

529
00:41:16.840 --> 00:41:22.920
was so outside the pale that his
legal advice was actually a cover up.

530
00:41:22.639 --> 00:41:27.440
I think it's just so far outside
the competence of the bar. And as

531
00:41:27.480 --> 00:41:30.599
I said when we first discussed this, I didn't get a chance to say

532
00:41:30.639 --> 00:41:32.079
this though, because again the judge
said, I'm not going to hear any

533
00:41:32.079 --> 00:41:37.679
expert testimony about the professional standards.
But again, I mean, I think,

534
00:41:38.559 --> 00:41:42.400
does this fall beyond what I think
of as the third Good Marshal rule?

535
00:41:43.000 --> 00:41:46.880
Right? The NACP before Brown versus
Education argued against all settled precedent,

536
00:41:47.280 --> 00:41:51.519
all the decisions, all the laws
in the South, to their credit,

537
00:41:52.079 --> 00:41:55.840
But should the state bars have kicked
third Good Marshal and all the NAACP lawyers

538
00:41:55.880 --> 00:42:00.679
out of the bar? You weren't
able to make that argument, John,

539
00:42:00.760 --> 00:42:05.239
No, No, really, they
stopped you because I assume you tried.

540
00:42:05.920 --> 00:42:07.880
The judge said there was a rule
I would not have been I would have

541
00:42:08.000 --> 00:42:12.639
I don't know. I didn't want
to risk sanctioned by this state bar judge.

542
00:42:12.639 --> 00:42:16.639
But she said all questions of what
she called tenability, which you know,

543
00:42:16.679 --> 00:42:22.039
which means could a lawyer hold this
view where for hers alone? And

544
00:42:22.199 --> 00:42:27.440
so the actually Eastman's lawyer several times
tried to figure out a way to get

545
00:42:27.519 --> 00:42:30.800
me to say something about it,
and every time the judge stopped them.

546
00:42:30.840 --> 00:42:32.440
Cold. No. I mean,
I'm no expert on these things, of

547
00:42:32.440 --> 00:42:36.960
course, but it seems to me
like that's the kind of decision of a

548
00:42:37.079 --> 00:42:42.039
judge that would be a reversible error
on appeal. I don't know. I

549
00:42:42.039 --> 00:42:45.079
don't know either. This is all
very strange because actually in California, the

550
00:42:45.079 --> 00:42:50.840
State Bar is just a subsidiary of
the State Supreme Court. So this will

551
00:42:50.920 --> 00:42:53.800
ultimately be up to the California Supreme
Court. And how awful are they right

552
00:42:53.800 --> 00:43:01.719
now? While Steve, how would
you I think the last appoint the so

553
00:43:02.039 --> 00:43:07.920
the chief Justice who had been appointed
by Governor Schorzeneger. So he was she

554
00:43:07.079 --> 00:43:13.519
was the last. She was the
last Republican appointed. I mean, if

555
00:43:13.519 --> 00:43:16.159
you want to say, Sor Sorgener
was a Republican appointing. So I think

556
00:43:16.239 --> 00:43:24.360
now they're going to be all brown
slash knew some appointees. Maybe there's I

557
00:43:24.480 --> 00:43:30.440
think there is actually maybe one left. But it is a very liberal court.

558
00:43:30.079 --> 00:43:32.159
And one of them, I mean, you know, one of those

559
00:43:32.239 --> 00:43:37.880
a former colleague of mine from Berkeley. He put a Stanford professor on there

560
00:43:37.000 --> 00:43:40.199
who just stepped down. But it's
yeah, it's a very liberal court.

561
00:43:42.079 --> 00:43:45.880
Yeah, oh boy, all right, so the new term opens, I

562
00:43:45.280 --> 00:43:47.280
am I asking a question. Yeah, you know, no, I'm the

563
00:43:47.320 --> 00:43:52.159
host. I'm sorry, I just
I just throw that in there. But

564
00:43:52.599 --> 00:43:54.760
one last, one last serious point
about the Eastman trial too, is that

565
00:43:55.280 --> 00:44:00.199
ultimately John will be able to appeal
to the US Supreme Court and claim this

566
00:44:00.320 --> 00:44:07.880
interferes with his free speech rights right
that the state like California, is actually

567
00:44:07.920 --> 00:44:14.440
punishing him for his point of view, not because of any real deviation professional

568
00:44:14.559 --> 00:44:17.719
standards. So this is not the
last we've heard. Oh no, John

569
00:44:17.800 --> 00:44:22.920
Eastman, Which is the way John
Eastman prefers it. Say you never hear

570
00:44:22.000 --> 00:44:25.920
the last Eastman. I mean we
all know that. I mean. The

571
00:44:27.000 --> 00:44:30.679
other thing is it's all your guy's
fault because you guys were in class with

572
00:44:30.800 --> 00:44:36.079
him in seminars about constitutional interpretation.
It would be thirty years ago. Why

573
00:44:36.159 --> 00:44:39.320
didn't you fix this problem early on? Why am I there thirty years later

574
00:44:39.400 --> 00:44:46.639
to fix your mistakes, to clean
up after you guys. So let's turn

575
00:44:46.760 --> 00:44:52.719
let me let's turn to this Supreme
Court question, which is also a little

576
00:44:52.719 --> 00:44:57.559
bit related because it doesn't evolve free
speech. The Court has now decided to

577
00:44:57.800 --> 00:45:02.599
take cases about social media and the
First Amendment, but this time it's the

578
00:45:02.719 --> 00:45:07.840
social media companies that are claiming their
rights are to free speech. So this

579
00:45:07.960 --> 00:45:14.880
is a case really prompted by Texas
and Florida. Texas passed a law say,

580
00:45:15.000 --> 00:45:16.840
and we talked about I think a
little bit a few months ago.

581
00:45:17.239 --> 00:45:23.800
Texas passed a law prohibiting social media
companies from discriminating right taking down posts,

582
00:45:24.079 --> 00:45:31.320
or blocking or de emphasizing speakers because
of the content of their speech. Right.

583
00:45:32.559 --> 00:45:39.320
And there's a related case that's also
coming where the court is going to

584
00:45:39.440 --> 00:45:45.039
have I think we'll have to hear
this issue about how close can the government

585
00:45:45.119 --> 00:45:52.800
and social media companies work together to
take down speech? That case is really

586
00:45:52.840 --> 00:45:55.920
about the COVID nineteen and for those
who follow those, that's really about the

587
00:45:57.000 --> 00:46:02.920
COVID nineteen speech restriction that actually Steve
and I had a problem with when we

588
00:46:04.000 --> 00:46:07.719
hosted Richard Epstein and try to put
a video up of his questioning of the

589
00:46:07.800 --> 00:46:15.960
lockdowns, and was refused by YouTube
until we threatened more action. But let's

590
00:46:15.280 --> 00:46:21.280
start with Lucresia. So, Lucresia, how do you think that the court's

591
00:46:21.440 --> 00:46:24.159
going to think about this? How
do you think the courts should decide the

592
00:46:24.280 --> 00:46:30.039
social media companies are saying, we're
just private actors. Private actors aren't covered

593
00:46:30.119 --> 00:46:35.280
by the free speech Clause or the
Bill of Rights generally we're allowed, you

594
00:46:35.320 --> 00:46:38.199
know, as private actors were allowed
to host whatever speech we want and host

595
00:46:38.519 --> 00:46:42.519
kickoff speech we don't want. We're
like, and they compare it to this,

596
00:46:42.960 --> 00:46:47.440
We're like the private homeowner who says, I don't want your campaign signs

597
00:46:47.480 --> 00:46:51.639
on my law, and I'm going
to put up different campaign signs. You

598
00:46:51.760 --> 00:46:57.440
think that's going to appeal to the
justices. This is tough because so the

599
00:46:57.639 --> 00:47:02.519
chairman of the FCCS trying to bring
back net neutrality. Maybe we'll see them

600
00:47:02.599 --> 00:47:07.159
try to bring back the fairness doctrine, but it all died from not having

601
00:47:07.239 --> 00:47:13.960
that neutrality. The Internet has slowed
incredibly over the last six years. Yes,

602
00:47:14.480 --> 00:47:19.280
I know for those who for the
listeners, that neutrality was this idea

603
00:47:19.360 --> 00:47:23.559
the government was going to force the
Internet companies like the Internet network companies like

604
00:47:23.800 --> 00:47:31.719
Exfinity and someone to not favor some
speech over others because they were favoring Netflix

605
00:47:31.800 --> 00:47:37.199
and the streaming because it was demanding
so much network time. So and then

606
00:47:37.320 --> 00:47:40.880
the fairness doctrine, which La Crush
also mentioned, was this discarded idea that

607
00:47:43.440 --> 00:47:49.519
TV TV channels had to give equal
time to both views on a political question.

608
00:47:49.639 --> 00:47:52.599
So that was why back when we
were kids. You would hear one

609
00:47:52.039 --> 00:47:55.199
like a TV channel would actually have
someone saying, here's our view, and

610
00:47:55.239 --> 00:47:59.800
then they would invite someone else to
come onto their own show and give the

611
00:48:00.000 --> 00:48:02.960
opposite point of view. Sorry,
Lucretian Steed, No, it's quite all

612
00:48:04.000 --> 00:48:07.320
right. But so you know,
I was against the fairness doctrine. I

613
00:48:07.400 --> 00:48:13.480
thought it was a stupid doctrine based
on the idea of that the bandwidth of

614
00:48:14.800 --> 00:48:20.639
communications for television was limited, and
therefore the government had to step in.

615
00:48:21.360 --> 00:48:24.360
I know I'm oversimplifying bit, but
the government had to step in and ensure

616
00:48:24.360 --> 00:48:32.559
a certain and radios a certain amount
of fairness in order to so that one

617
00:48:34.239 --> 00:48:40.239
side one whatever one candidate would not
dominate the finite air waves. Right as

618
00:48:40.280 --> 00:48:45.519
stupid idea, Except that as stupid
as that idea is, and as stupid

619
00:48:45.559 --> 00:48:49.960
as the idea of the government regulating
any of this, what we have is

620
00:48:50.000 --> 00:48:55.280
a whole mismatch of things where a
it's not that the number of Internet sites

621
00:48:55.440 --> 00:49:00.079
or anything else like that is finite, but we're seeing more and more control

622
00:49:00.360 --> 00:49:08.000
over more and more major aspects of
the Internet, and the information and views

623
00:49:08.039 --> 00:49:13.079
that are available over the Internet,
controlled by Google and its algorithms controlled by

624
00:49:13.119 --> 00:49:16.239
Facebook. I guess there's this thing
called the Facebook out there that old people

625
00:49:16.400 --> 00:49:22.880
use anyway. But so it really
does get a bit confusing now the arguments.

626
00:49:23.199 --> 00:49:28.719
The argument made in Missouri versus Board, Missouri versus Biden, of course,

627
00:49:28.840 --> 00:49:36.000
was not that social media companies per
se should be regulated, but that

628
00:49:36.159 --> 00:49:39.800
in fact they had become in some
ways the arm of the federal government,

629
00:49:40.000 --> 00:49:44.280
and that, of course, is
a clear violation. If you can prove

630
00:49:44.360 --> 00:49:45.920
that, how you prove that,
I'm not entirely sure. So you get

631
00:49:45.920 --> 00:49:50.360
a lot of the problem with me
answering your question outright, John, is

632
00:49:50.360 --> 00:49:54.599
it gets pretty darn confusing. On
the one hand, did we want the

633
00:49:54.760 --> 00:50:02.079
government to be policing social media?
Do we want antitrust laws policing social media

634
00:50:02.159 --> 00:50:07.360
whatever it might be that they do, or uh, you know, do

635
00:50:07.519 --> 00:50:15.320
we want people to just recognize how
corrupt and malicious and all those bad adjectives

636
00:50:15.360 --> 00:50:20.480
I can think of Google really is, and how biased and so forth,

637
00:50:21.119 --> 00:50:25.519
and just look for alternatives. There
was an article by Rachel Alexander today asking

638
00:50:25.599 --> 00:50:30.719
for just that, saying it's almost
She was saying, that's that's the one

639
00:50:30.760 --> 00:50:36.400
that's been covering yours the Eastman trial
testimony, John Rachel Alexander is saying,

640
00:50:36.639 --> 00:50:39.480
Look, it's my job is so
much harder than a liberal journalist because I

641
00:50:39.599 --> 00:50:46.639
have to dig forever on the internet
to find alternatives to the biased reporting that

642
00:50:47.039 --> 00:50:52.280
comes over on the internet. But
the real question is I think it's all

643
00:50:52.360 --> 00:50:54.920
bad. But what's the answer.
Is it more government regulation? And do

644
00:50:55.000 --> 00:51:00.440
we want the Biden administration regulating it? Right? Yeah? Wellamoka refused here,

645
00:51:00.519 --> 00:51:05.079
John, Is this case unrelated to
the case Lucretia mentions the Missouri b

646
00:51:05.199 --> 00:51:08.599
Biden, the one about the Biden
administration working with social media companies to censor

647
00:51:09.159 --> 00:51:15.079
reviews. Yeah, there's two different
cases. So one is the Texas case.

648
00:51:15.159 --> 00:51:19.760
It's a it's a statute that Texas
passed saying that no social media company

649
00:51:20.639 --> 00:51:27.840
can discriminate against the viewpoint of any
of the people posting. So that's obviously,

650
00:51:27.960 --> 00:51:31.599
oh kind of overlaps because I would
think one of the primary people who

651
00:51:31.639 --> 00:51:37.719
would be complaining about social media under
that law are people like Ja Bodicharia or

652
00:51:38.159 --> 00:51:44.239
Scott Atlas, who we now know
because of Ela Musk releasing the Twitter files

653
00:51:44.239 --> 00:51:49.960
as they're called, you know,
Twitter deliberately either remove their posts or what

654
00:51:50.039 --> 00:51:53.480
they call what they call them like, reduce their profile so that people will

655
00:51:53.519 --> 00:51:58.679
bottle them, bottle them. Yes, would find find it harder to discover

656
00:51:58.840 --> 00:52:04.039
their views, even though they were
not specifically taken down. So that's different

657
00:52:04.280 --> 00:52:09.199
than the second case that Lucretia is
mostly focusing on, which is suppose the

658
00:52:09.480 --> 00:52:15.039
social media companies were right, and
they are private actors and they're allowed to

659
00:52:15.280 --> 00:52:19.679
discriminate because they're not covered by the
free speech clause. The second case,

660
00:52:19.760 --> 00:52:25.039
involving Missouri versus Biden, is well, what happens if the government and private

661
00:52:25.079 --> 00:52:30.719
actors are in such cohoots, right, they're cooperating so much, is there

662
00:52:30.840 --> 00:52:34.960
some point at which the private actors
are really just like the government. They're

663
00:52:35.039 --> 00:52:37.400
just doing the government's bidding, and
so they can't make the claim, oh,

664
00:52:37.440 --> 00:52:40.639
we're just private actors. We don't
get covered by the First Amendment,

665
00:52:40.920 --> 00:52:45.199
because you wouldn't want, for example, the government to be able to escape

666
00:52:46.159 --> 00:52:51.960
the free speech clause by just coercing
other people to do its business and then

667
00:52:52.440 --> 00:52:55.159
right get away with suppressing speech.
That's really so in the second case,

668
00:52:55.159 --> 00:53:00.480
it's very interesting there you've got a
lot more facts because of because of this

669
00:53:00.599 --> 00:53:05.199
District judge and his management of the
trial. We learned that the White House

670
00:53:06.039 --> 00:53:12.800
was talking to social media basically multiple
times a day and identifying specific posts that

671
00:53:12.960 --> 00:53:15.280
they wanted the government wanted, the
Biden White House wanted removed or that,

672
00:53:15.920 --> 00:53:21.719
you know, the claim was Anthony
Fauci wanted removed because of spreading alleged disinformation

673
00:53:22.320 --> 00:53:25.840
about COVID. So that judge and
the appeals Court found actually that the government

674
00:53:27.039 --> 00:53:31.400
was so involved with social media that
social media basically was an arm of the

675
00:53:31.480 --> 00:53:37.039
government and can't make this can't claim
this defense. So they're two separate issues,

676
00:53:37.079 --> 00:53:40.199
but they do overlap. To Steve, what are your thoughts? You

677
00:53:40.280 --> 00:53:45.199
know, I don't I don't know. My thoughts are I've never I don't

678
00:53:45.239 --> 00:53:50.679
know. I could see reasons why
a private actor Twitter or somebody might not

679
00:53:50.840 --> 00:53:54.000
want to be a conduit for like
really vicious things like anti semitism, or

680
00:53:54.639 --> 00:54:00.880
be a transmission vehicle for organizing mobs
and rhymes, right, you know,

681
00:54:00.559 --> 00:54:05.559
And apparently social media has been used
to organize some of these flash mobs that

682
00:54:05.639 --> 00:54:09.719
go and commit vandalism and so on
the other hand, Hold, can I

683
00:54:09.800 --> 00:54:14.559
just finish a question about that?
There's a lot of bad faith going on

684
00:54:14.679 --> 00:54:17.440
here. So the fairness doctrine is
a bit different, but technologically it's a

685
00:54:17.480 --> 00:54:21.760
similarity. But I'll skip over that. But there's a lot of bad faith

686
00:54:21.880 --> 00:54:25.119
going on here by the people pushing
for either net neutrality. I keep seeing

687
00:54:25.159 --> 00:54:29.800
people say the fairness doctrine. We
know it's revived, the fairness doctrine,

688
00:54:29.800 --> 00:54:34.360
so we can throttle them disinformation from
Fox News. And that's why I raised

689
00:54:34.400 --> 00:54:37.199
my hand and say, you realize
even the old fairness doctrine would never have

690
00:54:37.360 --> 00:54:40.719
applied to Fox News. Lucretia explained
why, but just to be clear,

691
00:54:42.440 --> 00:54:45.239
the Supreme Court had upheld the fairness
doctrine under challenge in the sixties. The

692
00:54:45.400 --> 00:54:51.920
reasoning was, the public airwaves allocated
by the government are scarce. But you

693
00:54:52.000 --> 00:54:55.639
see cable TV, Internet, those
media are not scarce. Cable TV is

694
00:54:55.719 --> 00:54:59.880
not part of the spectrum allocated by
the government, so that even if we

695
00:55:00.000 --> 00:55:02.760
he had the old fairness doctrine,
you would not affect Fox News or MSNBC

696
00:55:04.000 --> 00:55:07.480
or anybody else at all. And
so the ignorance behind that, what's the

697
00:55:07.559 --> 00:55:10.280
impulse? They don't like Fox News, which still I find endlessly amusing.

698
00:55:10.440 --> 00:55:15.239
You know, one News organization that
departs from the conventional wisdom of ABC and

699
00:55:15.280 --> 00:55:20.599
the Washington Post. Well that's my
point, is even their kind of tame,

700
00:55:20.840 --> 00:55:25.440
you know, if they've drawn on
for God's sake. But the point

701
00:55:25.519 --> 00:55:31.480
is if news they should have a
show called Lucretia's Corner thirty minutes of thirty

702
00:55:31.519 --> 00:55:35.119
minutes of Lucretia at the end of
the day. Well, there we go.

703
00:55:35.599 --> 00:55:37.840
Anyway, So I'm going to sit
back and try and find out what's

704
00:55:37.840 --> 00:55:45.280
going on. But it's I'm not
question. I was just falling up on

705
00:55:45.400 --> 00:55:49.920
your point, which was the just
that it's just another thing that conservatives,

706
00:55:50.800 --> 00:55:53.079
uh, you know, make what
they want and they will wish they never

707
00:55:53.199 --> 00:55:58.159
got it, just like with the
end of abortion. Uh what if they

708
00:55:58.239 --> 00:56:01.800
did win? And right, the
states or the government, we're allowed to

709
00:56:01.840 --> 00:56:08.280
regulate social media and no FIRSTS non
discrimination standard on them under the first Is

710
00:56:08.320 --> 00:56:13.119
this actually going to it's actually be
good cricket services? I don't think so,

711
00:56:13.480 --> 00:56:15.960
But you know I don't. I
don't think so because I rarely think

712
00:56:16.039 --> 00:56:22.559
that government interference government regulation is the
answer to much of anything. So that's

713
00:56:22.599 --> 00:56:24.559
a sort of bias in that direction, and I think it's worse in this

714
00:56:24.679 --> 00:56:29.360
case, what I did want to
ask you, this is going to be

715
00:56:29.400 --> 00:56:32.320
a little bit, a little bit
round about it. I guess we should

716
00:56:32.360 --> 00:56:37.320
say a little twisted to get there. But when Steve said, you know

717
00:56:37.760 --> 00:56:44.840
that private social media companies should be
able to choose not to bring out voices

718
00:56:44.960 --> 00:56:49.760
of anti Semitism, or you do
drug cartels or what have you, other

719
00:56:50.239 --> 00:56:53.000
terrorist activities, but of course they've
done all that, what would be the

720
00:56:53.960 --> 00:57:02.639
what would be the problem with a
kind of liabelu no prior restraint, but

721
00:57:05.280 --> 00:57:10.079
regulation of their speech after the fact, Like, for instance, if and

722
00:57:10.159 --> 00:57:14.159
I know that that was a case
not very long ago that we discussed having

723
00:57:14.199 --> 00:57:16.679
to do with whether or not they
could was it Facebook could be held liable

724
00:57:16.800 --> 00:57:22.119
for a terrorist attack or something along
those lines? But what if? What

725
00:57:22.239 --> 00:57:28.119
if Congress would have passed a law
saying that, you know, if you're

726
00:57:28.159 --> 00:57:34.440
if you're responsible, say for censoring
speech to that tried to get people to

727
00:57:34.559 --> 00:57:39.199
vaccinate themselves in as the conspiracy theorists
for a second, more and more people.

728
00:57:39.199 --> 00:57:42.280
I just read an article a couple
of minutes ago that said, if

729
00:57:42.280 --> 00:57:45.360
you had the booster what seancologists is
seeing, you know, just this massive

730
00:57:45.559 --> 00:57:51.400
number of cancer cases where cancer is
returning after the person has has a booster

731
00:57:51.519 --> 00:57:57.039
shot for for COVID. If you
could prove that there actually were dangers to

732
00:57:57.239 --> 00:58:02.480
the COVID vaccine, could you hold
Faceboo book accountable for listening to the government

733
00:58:02.840 --> 00:58:07.400
and you know, throttling those kinds
of conversations. Could you do and after

734
00:58:07.480 --> 00:58:12.679
the fact thing which is, you
know, in some people's minds different than

735
00:58:12.800 --> 00:58:16.159
before the fact, censorship even of
a private entity. You know, this

736
00:58:16.320 --> 00:58:21.960
is why the companies, social media
companies love this law called Section two thirty

737
00:58:22.519 --> 00:58:27.960
rights. It essentially immunizes them from
these libel lawsuits so long as they actually

738
00:58:28.079 --> 00:58:32.800
undertake a program of removing violent,
offensive, and indecent speech from their own

739
00:58:34.320 --> 00:58:38.599
networks. But one I think point
raised by Lucretia is if these cases go

740
00:58:38.800 --> 00:58:45.559
forward and these social media companies become
subject to free speech standards, that Section

741
00:58:45.639 --> 00:58:49.719
two thirty deal may not be a
good deal anymore for anybody, and you

742
00:58:49.840 --> 00:58:53.840
might have to reopen the whole thing
and refigure, rebargain out how libel law

743
00:58:53.920 --> 00:58:58.679
is going to apply to these social
media That might just be the next set

744
00:58:58.719 --> 00:59:04.920
of cases at the court to hear. So let me move on, because

745
00:59:05.119 --> 00:59:07.000
you know you would. This has
to do with you guys being often hungry,

746
00:59:07.159 --> 00:59:10.480
eating salami, drinking white wine.
I think, if I remember correctly,

747
00:59:10.559 --> 00:59:15.639
Hungry is known for its dessert wines. No, but but not,

748
00:59:15.840 --> 00:59:20.519
it's according to Lucretia's hand motions,
not its other wines. So no,

749
00:59:21.159 --> 00:59:23.960
I'm not I'm not eating or drinking
any of those things. John. Yeah,

750
00:59:24.239 --> 00:59:27.719
if you hang around with Steve,
you're gonna come on, I'm not

751
00:59:27.760 --> 00:59:32.840
gonna hang around with that much.
How if I can help it? So

752
00:59:34.199 --> 00:59:39.480
I so it would give you give
listeners a kind of the feeling that the

753
00:59:39.719 --> 00:59:43.920
Three Whiskey Happy Hour. Oh,
Steve just brought a bottle. What is

754
00:59:43.960 --> 00:59:46.599
it? Is it the tokashi dessert
wine from people? No, this is

755
00:59:46.679 --> 00:59:50.960
this is not dessert wine. This
is their dry local grape, the ferment

756
00:59:51.079 --> 00:59:53.599
grape. They call it. Not
like ferment, not ferment it's called and

757
00:59:54.079 --> 00:59:58.559
it's a very make sweet dessert wines
out of it. But I really like

758
00:59:58.719 --> 01:00:02.119
it. I think it compares well
to Savignon blanc. Tastes like grass.

759
01:00:02.719 --> 01:00:07.960
No, not like in New Zealand
Saviignon blanc. I hate New Zealand Saviigna.

760
01:00:07.000 --> 01:00:12.920
We've had this discussion before, and
I don't have some red wines.

761
01:00:12.920 --> 01:00:15.960
I haven't opened this one yet,
but that are also unique to hear.

762
01:00:15.119 --> 01:00:22.719
And so I just top, well, that's not so, my boy.

763
01:00:22.840 --> 01:00:27.159
Was that so far podcast has seen
I think because of the weight of gravity

764
01:00:27.199 --> 01:00:30.960
of it isn't hungary right now,
almost seems a little detached what's going on

765
01:00:30.320 --> 01:00:34.840
in DC. So I thought we
would turn at the end to the things,

766
01:00:35.119 --> 01:00:39.480
the topics that are burning up the
podcast airwaves back here in the United

767
01:00:39.559 --> 01:00:47.400
States, and that includes one the
government is about to shut down tonight.

768
01:00:49.320 --> 01:00:53.360
Yeah, and let me describe briefly
why this is not really, at least

769
01:00:53.400 --> 01:01:00.280
not yet a fight between the White
House and the Republican House, which is

770
01:01:00.639 --> 01:01:05.000
what you usually have shutdowns when we've
had shutdowns in the past, and for

771
01:01:05.079 --> 01:01:08.079
which Republicans for some reason are often
blamed, going back all the way to

772
01:01:08.639 --> 01:01:15.039
the gigwort shutdowns in the nineties against
Bill Clinton. Here it seems to be

773
01:01:15.159 --> 01:01:23.360
mostly an intra conservative fight where Speaker
McCarthy has tried to get various spending bills

774
01:01:23.440 --> 01:01:28.480
through and has been opposed in the
last go around, where he tried to

775
01:01:28.559 --> 01:01:31.239
just get a continuing resolution through to
fund the government at its current levels.

776
01:01:31.719 --> 01:01:37.320
Twenty Republicans joined with every Democrat to
vote him down. So it seems like

777
01:01:37.440 --> 01:01:42.920
this is more a fight between the
Freedom Caucus the more conservative end of the

778
01:01:43.000 --> 01:01:49.320
Republicans in the House, led by
Matt Gates from Florida, who refused to

779
01:01:49.440 --> 01:01:54.800
go along with any effort to keep
the government open through these continuing resolutions through

780
01:01:54.840 --> 01:02:00.679
these keep funding at the same levels. The vast majority of Republicans in the

781
01:02:00.719 --> 01:02:05.880
House do want to keep funding the
government, but it doesn't sound like McCarthy

782
01:02:06.000 --> 01:02:12.119
can corral enough of his own Republicans
to pass any spending bills. And so

783
01:02:12.280 --> 01:02:16.840
the government is going to shut down. Let's see out here in about fourteen

784
01:02:16.960 --> 01:02:21.480
hours, so I know I know
when the creatius comment is going to be,

785
01:02:21.599 --> 01:02:25.480
which is will anybody notice well what
about that? What do you guys

786
01:02:25.559 --> 01:02:30.239
think about this crazy government shutdown?
We're going to suffer? And then second,

787
01:02:31.039 --> 01:02:36.719
doesn't this always work against Republicans?
I think the polling shows every time

788
01:02:36.800 --> 01:02:42.400
there's been a government shutdown since gingrich
On, Democratic president's polling has gone up

789
01:02:42.559 --> 01:02:46.280
and Republican Congress's votings have support has
gone down. Yeah, well, let

790
01:02:46.360 --> 01:02:50.239
me make a comment on the substance, and a comment on the politics of

791
01:02:50.320 --> 01:02:52.760
it. One is, is McCarthy
not for not for the first time this

792
01:02:52.880 --> 01:02:57.079
has happened recently, has plans where
we're going to get back to regular order,

793
01:02:57.159 --> 01:03:01.920
which is boring insider speak for saying
we actually past twelve appropriation bills for

794
01:03:01.960 --> 01:03:07.400
the twelve major departments of the federal
government. I think the House has passed

795
01:03:07.480 --> 01:03:10.639
four or five of them, so
it's not even true that, and I

796
01:03:10.760 --> 01:03:14.119
think they've been sent to the Senate, and so it's the Senate's problem now,

797
01:03:14.199 --> 01:03:16.679
not the House's problem. And that
will be a good thing if we

798
01:03:16.760 --> 01:03:20.840
got back to doing budgeting a proper
way. But the other thing is,

799
01:03:22.159 --> 01:03:24.800
look, if the Democrats want to
keep the government open, twenty of them

800
01:03:24.880 --> 01:03:29.239
could vote for these or vote for
the continuing resolution to keep it open for

801
01:03:29.280 --> 01:03:32.840
another six weeks while they fight some
more about the individual bills. Now,

802
01:03:32.920 --> 01:03:36.880
the politics of this are interesting.
You're right that in the past it usually

803
01:03:36.960 --> 01:03:40.079
hurts Republicans. CNN has a poll
out well, of course, but the

804
01:03:42.159 --> 01:03:46.800
CNN has a poll out yesterday or
today that shows that the largest plurality of

805
01:03:46.960 --> 01:03:52.039
voters right now say they would blame
Biden and the Democrats. They may have

806
01:03:52.119 --> 01:03:53.880
figured out that. We'll look,
the Democrats control the Senate, they control

807
01:03:53.920 --> 01:03:59.800
the White House. Republicans have this
tiny majority. It's not at all clear

808
01:04:00.039 --> 01:04:03.000
that this works politically as it has
in the past. Now, I've always

809
01:04:03.000 --> 01:04:08.679
thought that one reason Republicans lose is
that the president has an advantage of being

810
01:04:08.760 --> 01:04:12.119
able to speak with one voice.
That was true Bill Clinton and Obama,

811
01:04:12.760 --> 01:04:15.360
and we're the president now who can't
speak with any voice at all. Right,

812
01:04:15.519 --> 01:04:18.800
I mean, I mean, I
think these fights to work, you

813
01:04:18.880 --> 01:04:21.840
know, Biden actually has to show
up and sound forceful and coherent, and

814
01:04:21.960 --> 01:04:28.480
right now he's not capable of doing
that. So I don't know. I'm

815
01:04:28.559 --> 01:04:30.599
not watching this closely because I'm not
over there, but I have a sense

816
01:04:30.639 --> 01:04:33.480
that this one might be a little
different, and we'll just have to see

817
01:04:33.519 --> 01:04:36.119
how this goes, because you know, all you know, if you want

818
01:04:36.159 --> 01:04:40.039
to keep the government open and functioning, all Biden would have to do is

819
01:04:40.079 --> 01:04:44.239
call twenty members Democratic members of the
House and say, give the Republicans the

820
01:04:44.320 --> 01:04:46.400
vote to get us going for another
six weeks and we'd be back in business.

821
01:04:47.400 --> 01:04:50.480
It's not a case of one party
blocking the other party, or the

822
01:04:50.559 --> 01:04:56.639
White House You're right, this internesting
aspect among the Republicans is kind of interesting.

823
01:04:56.719 --> 01:04:59.760
Now. Some of their demands I
think are reasonable and others I'm not

824
01:04:59.800 --> 01:05:01.679
so sure about. And that's where
I'm sure Lucresia has lots of thoughts.

825
01:05:02.920 --> 01:05:06.239
I don't care at this point what
happens, because they defeated what was going

826
01:05:06.280 --> 01:05:13.960
to be my favorite proposal, which
was to drop the joint Chairman of the

827
01:05:14.039 --> 01:05:20.280
Chief of Chief of Staff Mark Milly
to a dollar, and the Diversity Equity

828
01:05:20.320 --> 01:05:24.000
and Inclusion Officer to a dollar,
and a whole bunch of other people.

829
01:05:24.920 --> 01:05:29.719
I think that they voted on dropping
Majorcus's pay to a dollar, which I

830
01:05:29.760 --> 01:05:33.719
would be totally in favor of.
Uh, you know, we're Steve is

831
01:05:33.719 --> 01:05:38.000
always saying, well, you know, my demands are too great because things

832
01:05:38.079 --> 01:05:40.920
don't work that way. Oh well, I hear, You're right. I

833
01:05:41.000 --> 01:05:45.119
mean these It was a huge democratic
tactic and fight back against Reagan people was

834
01:05:45.199 --> 01:05:48.880
to zero out or reduce their salaries
to a dollar. But Lucrecia, you're

835
01:05:48.920 --> 01:05:53.880
in favor of the government shutdown or
you support the Freedom Caucus in there.

836
01:05:54.519 --> 01:05:57.760
Steve actually, Steve actually, you
know, once the government funded and once

837
01:05:57.840 --> 01:06:00.920
it opened, he just wants to
make sure if it's not Democrats should be

838
01:06:00.000 --> 01:06:03.400
blanked. I would if it wasn't
going to be such a scam. But

839
01:06:03.639 --> 01:06:08.679
everybody, every one of those scumbags, except for Matt Gatts who said he

840
01:06:09.119 --> 01:06:12.079
he won't take a salary if there's
a shutdown, every one of them will

841
01:06:12.119 --> 01:06:16.960
get paid. Every lazy ass federal
worker who's already working from home anyway,

842
01:06:17.199 --> 01:06:23.400
watching porn all day long, we'll
still get paid regardless. I did notice

843
01:06:23.519 --> 01:06:27.880
that, just like the allah Obama, they're going to shut the national parks

844
01:06:27.960 --> 01:06:32.159
down. Remember remember Obama and that
crap about you know, putting up barriers

845
01:06:32.239 --> 01:06:40.159
to parks that weren't even manned by
park officials anyway. They'd stopped people from

846
01:06:40.199 --> 01:06:43.880
going in there just to you know, put it, shove it in their

847
01:06:43.920 --> 01:06:46.440
faces. And that's part of the
reason why, you know, Republicans always

848
01:06:46.480 --> 01:06:49.400
took a bad rap for it,
and the idea that they put up with

849
01:06:49.480 --> 01:06:54.760
that is anyway, I bitch enough
about Republicans, so I wonder anymore,

850
01:06:55.079 --> 01:06:59.559
but I don't care. I mean, we're going to give money to Ukraine.

851
01:07:00.760 --> 01:07:03.719
The rest of our defense strategy is
pretty lame right now, for the

852
01:07:03.800 --> 01:07:08.320
most part, anyway, so I
don't think it matters if we don't pay

853
01:07:08.400 --> 01:07:15.480
soldiers. I did notice that because
I have USAA, which is the bank

854
01:07:15.800 --> 01:07:21.320
specifically for military people, that they
will cover a loan an interest fry loan

855
01:07:21.519 --> 01:07:26.440
for at least one paycheck for anybody
who doesn't get a paycheck in the military

856
01:07:26.519 --> 01:07:32.280
that banks with USAA. You know, those are the people that I feel

857
01:07:32.360 --> 01:07:36.840
a little bit bad for. But
I don't care if anybody at the d

858
01:07:38.000 --> 01:07:41.400
o J doesn't get their paycheck.
I don't care if anybody at the Food

859
01:07:41.519 --> 01:07:46.559
FDA. I don't care if if
Tony Fauci's eight million dollars a year security

860
01:07:46.679 --> 01:07:50.400
detail has to shut down for a
while. Yeah. So, I mean,

861
01:07:50.480 --> 01:07:54.519
I know this sounds walky, but
one last point about well, I

862
01:07:54.559 --> 01:07:57.679
want you to say it's actually important
to try and get back to sensible,

863
01:07:57.760 --> 01:08:00.719
serious budgeting department by department, because
not only can you then if you have

864
01:08:00.840 --> 01:08:04.280
some guts, say let's reduce the
salary my arch is to a dollar because

865
01:08:04.320 --> 01:08:09.480
they're doing something, but it's where
you also so when you pass these big

866
01:08:09.519 --> 01:08:13.679
continuing resolutions, and I saw this
with the COVID relief build that passed under

867
01:08:13.719 --> 01:08:15.640
Biden, A couple of years ago. It's five or six thousand pages.

868
01:08:15.760 --> 01:08:18.359
No one gets in to argue about
the details. And that's where I found,

869
01:08:18.560 --> 01:08:23.960
just looking at random, ten million
dollars for gender studies programs in Pakistan,

870
01:08:24.680 --> 01:08:29.399
three million dollar grant program from the
State Department for Girls centered climate action.

871
01:08:30.159 --> 01:08:32.920
And you know you won't ever get
at those things in a continuing resolution.

872
01:08:33.119 --> 01:08:36.399
And it's fine to say, well, we want to, you know,

873
01:08:38.199 --> 01:08:40.560
do some of Ukrainate or some of
the other things are trying to do

874
01:08:40.680 --> 01:08:43.840
now, but a lot of work, that kind of work can only be

875
01:08:43.920 --> 01:08:46.720
done if you actually get back to
breaking the budget into discrete parts and having

876
01:08:46.840 --> 01:08:50.000
hearings about them and going a line
by line, department by department. It's

877
01:08:50.000 --> 01:08:53.640
a lot of hard work, and
no one's done it for years. But

878
01:08:53.760 --> 01:08:57.000
otherwise you're going to keep giving the
left in the government tons of money to

879
01:08:57.079 --> 01:09:00.640
spend on their pet projects and their
allies who support them in elections. So

880
01:09:00.720 --> 01:09:04.760
that's why it's important to get back
to doing this sensibly. End of brand.

881
01:09:05.319 --> 01:09:11.199
Okay, Well, one more topic
again which we haven't touched on yet,

882
01:09:11.279 --> 01:09:15.720
which is was all the news back
here was the second Republican primary debate.

883
01:09:16.479 --> 01:09:20.399
I don't know how much of it
you guys got to watch in Hungary.

884
01:09:20.680 --> 01:09:24.880
I don't know. Maybe in Hungary
it was national news being carried live

885
01:09:25.079 --> 01:09:29.920
with I don't know, with the
closed caption translations below. It was at

886
01:09:30.000 --> 01:09:32.239
three am local time, so if
they carried a lot, nobody was watching,

887
01:09:32.960 --> 01:09:39.359
sort of like watching European soccer here
in the United States. You know,

888
01:09:39.399 --> 01:09:43.600
the Paul moves around. Nobody ever
scores. It was at the end

889
01:09:43.640 --> 01:09:47.439
of zero zero. But what did
you guys say? You know, the

890
01:09:48.000 --> 01:09:56.119
the immediate commentary was somehow if you
look at the two debates, President Trump's

891
01:09:56.279 --> 01:10:00.520
lead and the primaries is actually increased. By the end of the second debate

892
01:10:00.760 --> 01:10:04.640
compared to the beginning of the first
debate, no clear challenger has emerged,

893
01:10:04.760 --> 01:10:10.119
which means that it seems everybody's going
to stay in the race for longer,

894
01:10:11.319 --> 01:10:17.880
and that actually the only barely did
people talk about Trump or criticized Trump.

895
01:10:18.000 --> 01:10:23.680
Most of the fire of the debate
in the second was trained on Joe Biden.

896
01:10:23.920 --> 01:10:26.640
And then the last thing, there's
some who said the whole thing was

897
01:10:26.720 --> 01:10:30.039
embarrassing because people talked over each other. I mean, after watching that debate,

898
01:10:30.119 --> 01:10:38.159
I'm amazed at how polite Luchristian Steve
are to each other. So what

899
01:10:38.359 --> 01:10:41.279
I saw I didn't watch a debate
either. What I saw after it was

900
01:10:41.720 --> 01:10:47.079
the people making fun of the moderators, not just the twit from Univision,

901
01:10:47.279 --> 01:10:53.279
Univision Division, Univision, but also
Steve's little honey Danta, you know,

902
01:10:53.479 --> 01:11:00.600
was horrible, absolutely horrible. Everything
I read that the sort of typical want

903
01:11:00.640 --> 01:11:08.279
to be pretend Republican conservative, and
she was just horrendous. And she asked

904
01:11:08.359 --> 01:11:12.880
stupid questions. Stupid to begin with, but even more stupid because those aren't

905
01:11:12.880 --> 01:11:16.000
the kind of questions that she would
have ever asked the other side. Anyway,

906
01:11:16.720 --> 01:11:23.800
I do have to say that the
moderator's got a much worse drubbing this

907
01:11:24.039 --> 01:11:27.960
time than they did last time.
With what it was. It was McCollum

908
01:11:28.079 --> 01:11:33.199
and there, So there you go. Dana Prina again shows herself to be

909
01:11:33.319 --> 01:11:39.239
a twit. Sorry, that's all
I have to say about that. I

910
01:11:39.239 --> 01:11:41.560
do want to talk about Diane Feinstein, whether it's on your list or not.

911
01:11:41.720 --> 01:11:43.640
Yes, no, it was the
last guy I was going to close

912
01:11:43.720 --> 01:11:49.920
with was Dianne Feinstein passed away the
age of ninety, being hailed by people

913
01:11:49.960 --> 01:11:57.000
on both sides of the Aisle as
being a moderate influential Senator and one of

914
01:11:57.039 --> 01:12:01.079
the leading women to have ever served
in the sense it, Lucretia, one,

915
01:12:01.119 --> 01:12:08.800
are your thoughts about Diane Feinstein.
I have to understand that she actually

916
01:12:08.880 --> 01:12:14.960
cast a vote earlier in the day
for some kind of some kind of acknowledgement

917
01:12:15.199 --> 01:12:20.439
or accolade or something something for John
McCain. That says an awful lot god

918
01:12:20.479 --> 01:12:26.720
awful things she did before she died, you know, I mean John McCain,

919
01:12:26.800 --> 01:12:31.960
I'm Feinstein. Whatever. There's not
a lot of difference between the two

920
01:12:32.000 --> 01:12:36.399
of them, and from the point
of view of being adding to the to

921
01:12:38.000 --> 01:12:40.640
the good of the nation, I'll
just leave it at that. But you

922
01:12:40.720 --> 01:12:43.239
can't. I don't. I won't
speak ill of the dead. She you

923
01:12:43.279 --> 01:12:45.039
know, she had an extraordinary life. There's no doubt about that. And

924
01:12:48.239 --> 01:12:51.279
that's all I have to say.
Well, I think the most important practical

925
01:12:51.359 --> 01:12:55.920
aspect of this is not who the
replacement might be. But is that not

926
01:12:56.119 --> 01:13:00.359
important? Well, because here's why. Because I believe that without your publican

927
01:13:00.439 --> 01:13:03.680
consent, they cannot replace her on
the Judiciary Committee. And if Republicans hold

928
01:13:03.720 --> 01:13:08.199
firm, it couldn't mean that Biden
cannot confirm any more judges for the rest

929
01:13:08.239 --> 01:13:11.840
of his first term in office.
And you know that's a significant thing right

930
01:13:11.880 --> 01:13:15.560
there. Well, we'll see.
I'm sure Lucretia will expect Republicans to cave

931
01:13:15.600 --> 01:13:17.399
and buckle on it. But we'll
just have to see about that. But

932
01:13:17.520 --> 01:13:23.920
second, didn't didn't didn't knew?
Some say that he would appoint a black

933
01:13:24.000 --> 01:13:27.720
woman. Black woman, yes,
but he's been saying also that he wants

934
01:13:27.720 --> 01:13:31.439
to point a caretaker and not pick
sides and for the Democrats who are contesting

935
01:13:31.479 --> 01:13:34.479
to the seat next year. So
that's made Barbara Lee mad. Who's you

936
01:13:34.560 --> 01:13:41.560
know Barbara Lee who is the congressman
for Berkeley exactly, and so the only

937
01:13:41.760 --> 01:13:45.560
person to vote against the use of
force resolution after nine to eleven because I

938
01:13:45.680 --> 01:13:49.439
think she thought nine to elevens are
fault Yeah, probably. Yeah. She

939
01:13:49.680 --> 01:13:55.239
is the only black woman running for
right the seat, so shift by the

940
01:13:55.279 --> 01:13:59.159
way, and the latest polling is
by far and away ahead. Yeah,

941
01:13:59.199 --> 01:14:03.960
that twenty percent of the vote with
the chick Katie Porter right coming in a

942
01:14:04.119 --> 01:14:10.119
distant second. Right, If Republicans
can get their act together behind one candidate,

943
01:14:10.159 --> 01:14:13.880
that person could possibly make the November
ballot next year. In the jungle

944
01:14:13.960 --> 01:14:16.359
primaries we have. So let's see, Well, Trump went to California to

945
01:14:16.479 --> 01:14:20.800
get your act together, people and
kick the liberals out. Okay, you

946
01:14:20.800 --> 01:14:24.640
should say this about Feinstein. I
think you know, she moved to the

947
01:14:24.720 --> 01:14:28.359
left considerably, and you know,
behaviors gratefully in the red Kavanaugh business and

948
01:14:28.439 --> 01:14:30.439
so forth. But over the years, well, first of all, when

949
01:14:30.479 --> 01:14:34.520
Barbara Boxer was the other senator,
Feinstein was the moderate, and so on

950
01:14:34.640 --> 01:14:40.319
particular issues like federal water policy toward
Californias, she was pretty good. She

951
01:14:40.520 --> 01:14:45.199
was against the MTB additive in California
gasoline, which she ended up being absolutely

952
01:14:45.279 --> 01:14:48.760
right about. And she was always
the person you would call, not Boxer

953
01:14:48.840 --> 01:14:51.800
if you had a real problem with
the federal government, and she was usually

954
01:14:53.319 --> 01:14:56.439
usually often on the right side of
things. I could get off into some

955
01:14:56.880 --> 01:15:00.600
very narrow issues like forest management,
where she was on the side of,

956
01:15:00.279 --> 01:15:03.199
you know, against the federal government
and the environmentalists. You don't care about

957
01:15:03.239 --> 01:15:06.800
any of that stuff, I actually
do. And then there's a great clip

958
01:15:06.840 --> 01:15:11.439
you can find of a bunch of
kids coming into her office to complain about

959
01:15:11.479 --> 01:15:15.680
the crimate crisis, and she well, I don't know this five or six

960
01:15:15.760 --> 01:15:18.800
years ago. She beat him down
pretty hard, saying, you know,

961
01:15:18.960 --> 01:15:21.399
we put you in office. She
said, how old are you? There's

962
01:15:21.439 --> 01:15:26.800
and said sixteen, says you didn't
vote for me anyway. He gave him

963
01:15:26.800 --> 01:15:30.399
a really stern talking too. She
wasn't having any this gretta Thunderberg nonsense.

964
01:15:30.479 --> 01:15:31.840
And I actually thought that was pretty
good. And I don't think it's because

965
01:15:31.880 --> 01:15:34.720
she was old. Maybe she was
a cranky old lady by then, sure,

966
01:15:34.920 --> 01:15:42.960
but but still she's a disappearing breed
amongst Democrat politicians and someone who was

967
01:15:43.199 --> 01:15:46.720
relatively pro police because you know,
I know, you know, she came

968
01:15:46.760 --> 01:15:53.880
out became nationally prominent because somewhat,
you know, a disgruntled former supervisor killed

969
01:15:53.920 --> 01:16:00.479
the mayor and killed Harvey Milk supervisor. And she's, well, yeah,

970
01:16:00.840 --> 01:16:11.119
I knew slightly sorry what that means. Yeah, see, this was a

971
01:16:11.239 --> 01:16:15.439
defense. So this is a defense
that has been raised by people who have

972
01:16:15.600 --> 01:16:18.880
been prosecuted for capital murder, which
is too many twinkies and had too much

973
01:16:18.880 --> 01:16:24.840
sugar, and so we're acting out. I've always been skeptical that was really

974
01:16:25.279 --> 01:16:28.359
that decisive factor. It's one of
those urban legends is too good to check

975
01:16:28.439 --> 01:16:32.079
out and debunk, but I'll just
end with this. I knew Finstein's first

976
01:16:32.199 --> 01:16:35.520
chief of staff slightly when she arrived
in the Senate in one nineteen ninety year

977
01:16:35.520 --> 01:16:40.159
whenever it was and Mike I free
his last name now, but at that

978
01:16:40.279 --> 01:16:45.439
time he was one of those centrist
Democratic Leadership Council guys who was for markets

979
01:16:45.640 --> 01:16:48.800
and you know, sensible regulation and
I before he went off to work for

980
01:16:48.880 --> 01:16:51.199
Einstein, I used to get along
with the guy pretty well, talk to

981
01:16:51.279 --> 01:16:55.199
him a lot, and so,
uh, you know, I don't know,

982
01:16:55.880 --> 01:17:01.479
I don't know. I saw a
movie with Anette Binning playing Diane Feinstein,

983
01:17:01.560 --> 01:17:05.279
who she was way more attractive than
Dian Feinstein, but the guy who

984
01:17:05.359 --> 01:17:12.319
played John Yu was way less attractive
than John. There you go. At

985
01:17:12.399 --> 01:17:15.960
least I didn't say that. The
movie ended with John U and Diane Feinstein's

986
01:17:16.159 --> 01:17:27.720
driving off in the sunset armor truly
disgusting. I would have been perfect anyway.

987
01:17:27.960 --> 01:17:30.159
Who do you think he's gonna pick? I just need to know what

988
01:17:30.279 --> 01:17:32.800
I need some some predictions from you
too, so that I can bring them

989
01:17:32.840 --> 01:17:38.600
back and beat you over the head
with him when you're wrong. Uh,

990
01:17:38.960 --> 01:17:42.960
there's some speculation you might pick Karen
Bass the new mayor of Los Angeles.

991
01:17:43.159 --> 01:17:46.279
But I don't think she'd want to
be just a placeholder. I would back

992
01:17:47.199 --> 01:17:50.800
he doesn't get to decide they're a
placeholder. I know that that's just it.

993
01:17:50.960 --> 01:17:53.840
I see ye, that right.
That's why I say if she were

994
01:17:53.840 --> 01:17:58.039
appointed, I think she ended up
running. So he's in a tough spot.

995
01:17:59.600 --> 01:18:05.479
I feel so bad. I think
I think he should appoint Barbara Lee.

996
01:18:05.600 --> 01:18:11.880
I think as a sign of how
strong the black political lobby is in

997
01:18:12.000 --> 01:18:18.159
California, and which is behind Barbara
Lee, and how vulnerable Newsom has made

998
01:18:18.199 --> 01:18:21.560
himself politically, I think he'll a
seat to their demands and a point bark

999
01:18:21.600 --> 01:18:26.279
rely. Okay, So I think
that brings us to the end of our

1000
01:18:26.880 --> 01:18:33.239
Hungary slash Philadelphia episode of the three
Whiskey Happy Hour. I'm afraid because I

1001
01:18:33.560 --> 01:18:39.000
was running out with iPads at both
hands too this week out of the Apple

1002
01:18:39.039 --> 01:18:42.399
Store. I didn't have time to
find a Kamala Harris quote. But I

1003
01:18:42.520 --> 01:18:45.880
actually think she's been laying low this
week. I haven't really seen any news

1004
01:18:45.920 --> 01:18:51.640
about her this week. Although we
had Joe Biden out in California raising lots

1005
01:18:51.680 --> 01:18:57.000
of money and and I guess he
stopped by Arizona two but didn't go to

1006
01:18:57.079 --> 01:19:00.159
the border. But I don't have
a Kamala Harris. We appreciate you have

1007
01:19:00.399 --> 01:19:06.279
some I have some favorite headlines from
the Babylon Bee. I do so first,

1008
01:19:06.600 --> 01:19:10.640
and we didn't even talk about this. I'm not exactly sure how it

1009
01:19:10.720 --> 01:19:14.399
all got going, but you know
the thing about ancient Rome that, yeah,

1010
01:19:15.199 --> 01:19:18.279
I love this For those of you
who haven't been following. Apparently men

1011
01:19:18.640 --> 01:19:24.239
think about the Roman Empire once a
day at least, so I was like,

1012
01:19:24.319 --> 01:19:30.439
at least says he refuses to think
about ancient Rome unless his wife is

1013
01:19:30.520 --> 01:19:35.880
present. Hold on, I lost
it that. I got to get back

1014
01:19:35.920 --> 01:19:41.159
to the other one. It was
you. I want to I actually want

1015
01:19:41.199 --> 01:19:47.960
to read from the last four Babylon
Bees, after the last four or during

1016
01:19:48.000 --> 01:19:51.359
the last four government shutdowns, because
they're funny. So the first, the

1017
01:19:51.439 --> 01:19:56.720
last one was in twenty two Congress
warrants of government shut down if we don't

1018
01:19:56.840 --> 01:20:02.000
fund Ukraine by Friday. That was
recently Nation in mourning as government shut down

1019
01:20:02.079 --> 01:20:08.079
averted. That's my favorite one from
twenty twenty one report. Economic toll of

1020
01:20:08.159 --> 01:20:13.479
government shutdown almost as bad as economic
toll of having a bloated federal government in

1021
01:20:13.600 --> 01:20:19.920
the first place. This one's kind
of funny. Trump. Trump threatens government

1022
01:20:20.000 --> 01:20:27.399
shut down if Democrats don't explain the
ending of Interstellar to him. Does anybody

1023
01:20:27.439 --> 01:20:30.000
even know what that means? Yeah? That crazy Christial one movie, he

1024
01:20:30.079 --> 01:20:32.079
asked you. Yeah. And there
was the other one that I can't find

1025
01:20:32.119 --> 01:20:42.640
it. No, but it was
a fine stein the Philadelphia one, the

1026
01:20:42.760 --> 01:20:45.880
one about just a bunch of hungry
people stealing Oh yeah, you know,

1027
01:20:46.039 --> 01:20:50.680
starving people looking for bread, stealing
iPads. And no, it's the Babylon

1028
01:20:50.720 --> 01:20:55.199
Bees, our newspaper record and chief
profit of our time, since just about

1029
01:20:55.199 --> 01:20:58.279
everything they say comes true within days
or weeks. And the other thing we

1030
01:20:58.359 --> 01:21:04.439
didn't talk about was the the Hitler
guy in Canada. Oh, come on,

1031
01:21:04.640 --> 01:21:09.439
let's come on. Everybody knows that
you greeenies are a bunch of nonsense.

1032
01:21:09.800 --> 01:21:15.000
Let's be honest here, Okay,
An, sorry, Steve, do

1033
01:21:15.079 --> 01:21:17.199
you have any time? Done you
ahead? John? You can send this

1034
01:21:17.279 --> 01:21:21.640
out on all capus off as usual. Okay, So always drink your whiskey.

1035
01:21:21.760 --> 01:21:27.520
Neat, let's go Brandon and Steve, God save the queen man and

1036
01:21:27.640 --> 01:24:05.880
drink your Hungarian wine. Chilled hu
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