WEBVTT

1
00:00:01.720 --> 00:00:12.720
Well Whiskey Coming Fame by Pain Duney's
Librains Don't Let Me Go from Powerline blog

2
00:00:12.880 --> 00:00:19.359
dot com and produced by Ricochet dot
Com. This is the Three Whiskey Happy

3
00:00:19.440 --> 00:00:27.000
Hour with your bartenders Steve Hayward,
John You and Powerlines International Woman of Mystery

4
00:00:27.600 --> 00:00:34.200
Lucresia's Gotta Give Me and let Them
Whiskey Blow, Where You've been in Love,

5
00:00:34.399 --> 00:00:44.320
Down and Loan. Welcome everybody to
another episode of your favorite podcast on

6
00:00:44.399 --> 00:00:52.240
the Ricochet Network, The Three Whiskey
Happy Hour with my co host Steve Hayward

7
00:00:52.759 --> 00:01:02.039
and the International Woman of Misty Lucretia. Say Hi everybody. Kresia, it's

8
00:01:02.119 --> 00:01:06.040
good to see you. It's good
to see you too. And luckily because

9
00:01:06.560 --> 00:01:10.959
Steve and I are in the same
hotel room, but because we're uncomfortable men,

10
00:01:11.120 --> 00:01:14.480
we won't do our show in the
same hotel room. While we're in

11
00:01:14.519 --> 00:01:17.760
the same hotel, we're still a
separate rooms. Steve and I are on

12
00:01:17.879 --> 00:01:22.599
different channels, and his WiFi is
so bad he can't turn his camera on.

13
00:01:23.480 --> 00:01:26.319
So we have this picture of a
happy, smiling step which is not

14
00:01:26.439 --> 00:01:30.680
at all how he looks like.
And no and no goofy glasses either I'm

15
00:01:30.760 --> 00:01:34.359
just trying to band with you guys. Come on, you know I'm I'm

16
00:01:34.359 --> 00:01:38.560
being a conservationist, but you're gonna
take a little fun out of it,

17
00:01:38.680 --> 00:01:42.480
because when I wound you deeply with
Mike barbed Steve, I won't be able

18
00:01:42.519 --> 00:01:47.000
to tell you know that's people don't
know this. We should sell sell a

19
00:01:47.079 --> 00:01:51.040
separate track with just the video so
you should see the face of Steve makes

20
00:01:51.079 --> 00:01:55.120
while Lucretia goes at him. It's
it's it's pitiful. It's like watching those

21
00:01:55.439 --> 00:02:00.439
the National Draft geographics where the uh
the Aleutians club baby seals on the ice.

22
00:02:01.239 --> 00:02:06.959
But the reason why I say the
favorite your favorite podcast on the Ricochet

23
00:02:07.000 --> 00:02:12.840
network is we had an overwhelming response
to our episode last week, and so

24
00:02:13.039 --> 00:02:15.360
I thought we would begin. We
have a packed show. By the way

25
00:02:15.360 --> 00:02:21.439
we begin is something of a continuation
from the last episode because a number of

26
00:02:21.560 --> 00:02:28.439
comment people who wrote in commented online
wrote into Ricoche wanted to hear what Lucretia's

27
00:02:28.560 --> 00:02:35.879
comment was in response to my outrageous
statement. Apparently that if people think the

28
00:02:36.039 --> 00:02:42.400
government is over prosecuting people for January
six but under prosecuting people for Black Lives

29
00:02:42.479 --> 00:02:46.479
Matter protests, the answers not to
demand that more Black Lives Matter protesters be

30
00:02:46.599 --> 00:02:52.520
prosecuted. That the Founder's answer was
because they created the safeguard of a jury

31
00:02:52.599 --> 00:02:58.520
which could refuse to convict anyone.
The founders didn't want anyone to be prosecuted

32
00:02:58.560 --> 00:03:04.919
and wanted to give the jury the
ability to nullify political prosecution. So we

33
00:03:05.000 --> 00:03:07.960
thought we'd finish up that point before
we get to a packed episode filled with

34
00:03:08.560 --> 00:03:15.000
protested federal judges and conservatives being fired
from law schools, and reparations for slavery

35
00:03:15.360 --> 00:03:20.439
and the collapse of the rich people's
banks. So before we get to that,

36
00:03:20.560 --> 00:03:23.520
Lucretia, what's your response that these
lists I have. I have a

37
00:03:23.759 --> 00:03:29.439
specific response, and I have a
theoretical response. John, I get what

38
00:03:29.599 --> 00:03:37.960
you're saying that in a general sort
of way, the the purpose of our

39
00:03:38.039 --> 00:03:42.759
criminal justice system is much more to
you know this. The cliche is often

40
00:03:42.840 --> 00:03:47.159
it's better than ninety nine criminals go
free than an innocent one is convicted and

41
00:03:47.319 --> 00:03:51.560
you know, put in jail and
so on. And I think most people

42
00:03:51.840 --> 00:03:54.919
probably agree with that. What I
actually, by the way, I don't

43
00:03:54.960 --> 00:04:00.199
agree. I don't agree with go
ahead neither, because the sentiment get the

44
00:04:00.240 --> 00:04:06.639
sentiment. The power of government that
we have handed voluntarily, as part of

45
00:04:06.680 --> 00:04:10.479
our consent, handed to the government, the power over life and death and

46
00:04:10.560 --> 00:04:15.879
all lesser powers is an awesome,
terrible power. And so you are correct

47
00:04:15.960 --> 00:04:20.000
in so far as that the founders
anticipated that the best way to control that

48
00:04:20.160 --> 00:04:26.360
power was to make it more difficult
in general, to convict somebody, put

49
00:04:26.439 --> 00:04:29.120
them in jail, take away their
life, their liberty, or their property.

50
00:04:29.600 --> 00:04:32.600
And even if you go drill down
a little bit further into the political

51
00:04:32.720 --> 00:04:38.120
realm, I think that's probably true. We saw at the very beginning in

52
00:04:38.199 --> 00:04:44.240
the seventeen eighties when Jefferson, or
actually the late seventeen nineties, I should

53
00:04:44.279 --> 00:04:46.199
say, with the Alien and Sedition
Acts, and you saw that there was

54
00:04:46.240 --> 00:04:54.279
a clear attempt by the federalists,
I'm going to oversimplify too more or less

55
00:04:54.319 --> 00:04:59.160
to punish some of their political enemies. That's probably oversimplifying it, but you

56
00:04:59.199 --> 00:05:03.000
get the point anyway. You're right
in the sense that the answer to it

57
00:05:03.240 --> 00:05:10.759
wasn't to devise some constitutional right or
system or something that would ensure that if

58
00:05:10.879 --> 00:05:15.720
somebody on this side of the political
equation was convicted by the awful power of

59
00:05:15.800 --> 00:05:18.519
government, somebody on the other side
would be as well that I agree with

60
00:05:18.600 --> 00:05:26.839
that one hundred percent. However,
what I would say is that's a little

61
00:05:26.879 --> 00:05:31.720
bit too generic. I want to
start then with Madison's famous famous quote from

62
00:05:32.839 --> 00:05:38.399
I Believe It's Federalist fifty one,
where he says, justice is the end

63
00:05:38.439 --> 00:05:42.560
of government. It is the end
of civil society. It ever has been,

64
00:05:42.600 --> 00:05:46.839
and ever will be pursued until it
be obtained or until liberty be lost

65
00:05:46.000 --> 00:05:50.680
in the pursuit. And I don't
think it's fair to say that the founders

66
00:05:50.759 --> 00:05:56.920
devised a system that ignores that really
important point. That's what they were looking

67
00:05:57.000 --> 00:06:01.639
for. Now, whenever you set
up methods and systems procedures designed to bring

68
00:06:01.680 --> 00:06:06.319
about justice, you're right, you're
always going to have failures. You're always

69
00:06:06.360 --> 00:06:13.680
going to have prosecutors that are biased, prosecutors that are two blacks, prosecutors

70
00:06:13.720 --> 00:06:15.519
that are too tough, whatever it
might be. All of those things are

71
00:06:15.519 --> 00:06:18.959
a problem. But the system does, I think, have, even at

72
00:06:19.000 --> 00:06:25.560
a more technical level, protections built
into that. What we see now I

73
00:06:25.720 --> 00:06:29.759
think is a little bit different.
Maybe the last time that it was even

74
00:06:29.839 --> 00:06:33.319
close to this was the prosecution of
blacks in the pre civil rights era,

75
00:06:33.920 --> 00:06:39.959
where that was just egregious and horrible, and a black person didn't stand the

76
00:06:40.079 --> 00:06:44.360
chance of getting a fair trial.
Think about Power versus Alabama or something like

77
00:06:44.480 --> 00:06:47.279
that. We don't want that to
be our standard. We don't believe that's

78
00:06:47.279 --> 00:06:50.360
our standard. And I think that, ultimately is the problem I had with

79
00:06:50.480 --> 00:06:55.600
what you said. I don't think
that was the founder standard. I think

80
00:06:55.639 --> 00:06:59.079
the founders believe that justice was the
end of government, that whenever you set

81
00:06:59.160 --> 00:07:02.560
up procedures, they will never be
perfect, but perfection is the goal we're

82
00:07:02.600 --> 00:07:06.759
going towards. Does that make sense? Oh? Yeah, this just brings

83
00:07:06.800 --> 00:07:12.720
to mind that And I'm glad you
mentioned this because it shows the fundamental difference

84
00:07:12.839 --> 00:07:15.879
between you and Steve on the one
hand, influenced as you are by your

85
00:07:16.000 --> 00:07:20.480
natural law heresies, and me on
the other hand. The poor positivists.

86
00:07:20.600 --> 00:07:27.120
The poor positivists, you guys,
are followers of Madison and Jefferson who think,

87
00:07:27.360 --> 00:07:30.120
yes, the whole point of government
is justice. I am a Hobbesian

88
00:07:30.199 --> 00:07:34.800
living in my little Hamiltonian world where
life is nasty, brutish and short,

89
00:07:35.160 --> 00:07:41.360
and the primary duty of government is
security. After you have security, then

90
00:07:41.759 --> 00:07:46.199
I think you can have justice.
A whole nother podcast. It must you

91
00:07:46.279 --> 00:07:48.879
have best something to say, because
it but a whole nother podcast on whether

92
00:07:48.959 --> 00:07:57.360
Hamilton was a Hobbsian not tonight Not
Tonight's mean, well, I mean I

93
00:07:57.519 --> 00:08:03.040
have t n I've tried to point
out to John with great with no success,

94
00:08:03.519 --> 00:08:07.040
that Hamilton what was the case in
the seventeen eighties before the constitution where

95
00:08:07.759 --> 00:08:16.079
it was that New York City case
where Hamiltons versus Waddington. That's a great

96
00:08:16.160 --> 00:08:18.480
case, very hard to find the
transcript of that case, you know,

97
00:08:20.079 --> 00:08:24.560
but he recurred, he relied on
natural law arguments. John, So you're

98
00:08:24.600 --> 00:08:26.600
wrong, I mean, you know, it's just well, this is the

99
00:08:26.839 --> 00:08:31.320
proble. By the way, this
is substitution. This is before the positives

100
00:08:31.360 --> 00:08:35.600
took over. Is that what you're
saying looks just before. This is before

101
00:08:35.679 --> 00:08:43.440
Hamilton had to be a responsible government
official and not some some before. Further,

102
00:08:43.720 --> 00:08:46.200
we're not going to discuss his whole
Hobbsy false Hobbsy in theory. But

103
00:08:46.799 --> 00:08:52.840
I do have a quote from Hamilton, and this is I think belies everything

104
00:08:52.960 --> 00:08:56.960
John just said. Hamilton, when
a government betrays the people by amassing too

105
00:08:58.080 --> 00:09:03.519
much power and becoming tyrannical the people
have no choice but to exercise their original

106
00:09:03.679 --> 00:09:09.600
right of self defense to fight the
government. That is straight out of Jefferson's

107
00:09:09.720 --> 00:09:15.399
the tree of liberty must be watered
with the blood of patriots kind of thing.

108
00:09:16.000 --> 00:09:22.320
Both Hamilton and the Federalists and Jefferson
and the Republicans of Jeffersonians understood the

109
00:09:22.480 --> 00:09:28.159
most important thing was that you had
to fight against tyrannical government. And I

110
00:09:28.279 --> 00:09:33.360
think that's not a positivist view,
John. Sorry, so John, let

111
00:09:33.399 --> 00:09:41.879
me weigh in here with one brief
notice for listeners. I'm slowing down because

112
00:09:41.919 --> 00:09:45.200
I'll explain one a minute, and
then a serious point. The first point

113
00:09:45.320 --> 00:09:48.039
is one reason we're not talking about
our whiskey selections for the evening is John

114
00:09:48.080 --> 00:09:52.440
and I are just coming off a
very boozy dinner ahead of our clandestine meeting

115
00:09:52.519 --> 00:09:56.480
to do mischief to the left here
all day tomorrow on the East coast in

116
00:09:56.600 --> 00:10:00.639
Florida. I'll let you know your
own conclusions about any of that, But

117
00:10:00.799 --> 00:10:03.519
John, here's the point. Was
what was what it was? What was

118
00:10:03.639 --> 00:10:13.639
Ron's nickname for you, Steve shiny
wait Ron ron n No, I missed

119
00:10:13.679 --> 00:10:16.679
that. I missed that of that
was said that room was too damn noisy.

120
00:10:16.679 --> 00:10:20.840
I couldn't hear anybody talking. It
was anyway. Uh No. The

121
00:10:20.919 --> 00:10:24.919
serious point is what did you say
here a minute ago, John about Uh

122
00:10:24.759 --> 00:10:30.200
sure. Here's the objection that formed
in my head when you said whatever it

123
00:10:30.320 --> 00:10:33.480
was you said that was wrong.
Is that we now have a system that,

124
00:10:33.759 --> 00:10:39.279
in practice is protecting I'll put it
this way, is protecting the administrative

125
00:10:39.480 --> 00:10:43.200
state. I mean, we said
this last week. Look, can you

126
00:10:43.320 --> 00:10:46.559
get a fair jury in Washington,
d C. For what we saw?

127
00:10:46.639 --> 00:10:50.600
This was Scooter Libby fifteen years ago. I think you saw it now with

128
00:10:50.759 --> 00:10:52.519
some of the January sixth defendants.
Okay, it's a whole, it's a

129
00:10:52.519 --> 00:10:56.799
whole, god awful mass I understand
all that. But the point one of

130
00:10:56.840 --> 00:11:00.399
the let me do this and then
I'll shut out one of the I'm under

131
00:11:00.440 --> 00:11:05.039
sending a very interesting question, and
he pointed to the language of the Constitution.

132
00:11:05.120 --> 00:11:09.759
I forget where it is. But
since Congress does have jurisdiction over the

133
00:11:11.000 --> 00:11:13.879
district, as we learned lately from
Joe Biden, say yes, I will

134
00:11:13.960 --> 00:11:18.240
go along with Congress overturning the DC
City Council wanting to let criminals out of

135
00:11:18.279 --> 00:11:24.600
jail for free. What if Congress
passed a law saying any trials for offenses

136
00:11:24.639 --> 00:11:28.120
in the District of Columbia must be
moved out of the District of Columbia.

137
00:11:28.320 --> 00:11:31.799
Wouldn't that be a legitimate act of
Congress to do you see the point I'm

138
00:11:31.840 --> 00:11:37.600
making, John, I think you
guys. Will you guys believe that there's

139
00:11:37.799 --> 00:11:43.320
a their limits on the government that
are not in the written constitutions are so

140
00:11:43.600 --> 00:11:48.799
unjust or unfair that you could just
say they're illegal, even though nothing in

141
00:11:48.840 --> 00:11:54.240
the constitutional text bars it. Right, that's so so, John, What

142
00:11:54.360 --> 00:11:58.720
about innocent until proven guilty? Yeah, where is that in the Constitution?

143
00:12:01.080 --> 00:12:03.759
Well, it's not in there,
but it says you've got to prove it

144
00:12:03.960 --> 00:12:09.159
beyond a reasonable doubt. But that's
not innocent until proven guilty, because there's

145
00:12:09.159 --> 00:12:13.759
a lot of things that follow from
that general notion, like bail, Like

146
00:12:16.200 --> 00:12:22.559
yeah, all of those actions that
come from it assume that very basic kind

147
00:12:22.639 --> 00:12:31.440
of common law premise that isn't in
our constitution. That's just a basic derivative

148
00:12:31.559 --> 00:12:35.320
of the idea that government before it
can exercise its awesome, terrible power,

149
00:12:37.120 --> 00:12:39.919
has to be able to prove through
due process and all those other things that

150
00:12:41.039 --> 00:12:43.440
it has a right to do.
So we didn't just give over to the

151
00:12:43.519 --> 00:12:46.720
government power to secure our safety.
We gave over to the government limited and

152
00:12:46.799 --> 00:12:50.960
specific powers. Those powers are defined
by the Constitution. That doesn't mean that

153
00:12:52.080 --> 00:12:56.279
we don't still retain a whole lot
of other things that we didn't give over

154
00:12:56.360 --> 00:13:05.080
to the government and that aren't necessarily
outlined in the Constitution. So I agree

155
00:13:05.159 --> 00:13:07.039
with that, But I guess the
difference I have, But how can you

156
00:13:07.320 --> 00:13:15.639
from a positive so because I think
it might be the case that the people

157
00:13:15.720 --> 00:13:18.200
it's not might be it is the
case that the people did not give all

158
00:13:18.240 --> 00:13:20.519
the power to the federal government and
they retain their rights. So they say

159
00:13:20.879 --> 00:13:24.840
they say that in the ninth and
tenth Amendments, which is just stating what's

160
00:13:24.519 --> 00:13:28.399
obvious from the structure of the Constitution. I guess my difference from you guys

161
00:13:28.559 --> 00:13:35.480
is legally enforce what's what's legally enforceable. So I think that you know you

162
00:13:35.879 --> 00:13:43.840
you are basing your arguments on what
you take to be the philosophy, the

163
00:13:45.279 --> 00:13:50.000
political philosophy that must undermine, not
undermine, must stand unbeneath the be the

164
00:13:50.080 --> 00:13:56.120
foundation for these constitutional principles John,
that's so comfortable saying that you have to

165
00:13:56.240 --> 00:13:58.919
carry that forward to today, you
know, because those are not in the

166
00:14:00.200 --> 00:14:05.559
constitutional text. So what if the
plical theory of the people today is different

167
00:14:05.600 --> 00:14:11.919
than the one that was held in
seventeen eighty nine, seventeen the constitentumously our

168
00:14:11.120 --> 00:14:16.120
natural No, no, it's there, but they're natural lawyers today. I

169
00:14:16.200 --> 00:14:20.080
would say, if the people in
the United States had any kind of political

170
00:14:20.200 --> 00:14:22.080
theory, I don't agree with it, but it would probably be some you

171
00:14:22.159 --> 00:14:26.679
know, soft version of Rawseyanism.
And if that's the you know, the

172
00:14:26.720 --> 00:14:28.879
welfare state. And if that's true, then what you still have with the

173
00:14:28.960 --> 00:14:33.120
constitutional provisions in the text. And
those are still good, But why does

174
00:14:33.159 --> 00:14:37.919
the philosophy, why are they still
come with it? Because they're in the

175
00:14:37.000 --> 00:14:41.000
text. That's why I'm a positivist, because they're in the constitutional text.

176
00:14:41.279 --> 00:14:45.679
Oh, Steve has turned on his
camera, which means he's get off.

177
00:14:46.399 --> 00:14:52.559
No, no, John, you
uh, you clearly enjoyed the fine.

178
00:14:52.639 --> 00:14:56.600
Why it didn't rettle too much because
you just contradicted yourself. Did I actually

179
00:14:56.639 --> 00:15:00.240
hear you a moan to go?
Say? What's in the structure of the

180
00:15:00.320 --> 00:15:03.519
constitution? Game, set and match
But if that's not enough, you wanted

181
00:15:03.559 --> 00:15:07.240
to say, yeah, those founders
they were natural lawyers. The implication is

182
00:15:07.279 --> 00:15:13.240
today we suffer from unnatural lawyers.
And my point is precisely, and that's

183
00:15:13.320 --> 00:15:16.000
exactly the problem. As I say, game, set and match and the

184
00:15:16.120 --> 00:15:20.759
tiebreaker. So you lose no,
no, no, no by a different

185
00:15:20.799 --> 00:15:26.039
point, which is yes, I
agree with you. The founders were natural

186
00:15:26.120 --> 00:15:28.159
law people. There's no there was
no other alternate system, right, there

187
00:15:28.279 --> 00:15:31.799
was no What alternate systems do we
have today? You don't think that the

188
00:15:33.120 --> 00:15:37.480
positivism occurred to them and they didn't. No, No, I'm saying today

189
00:15:37.639 --> 00:15:39.720
I would say the political I would
I don't. I find this unfortunate,

190
00:15:39.799 --> 00:15:46.200
but I would think the majority of
Americans today would probably fall under some kind

191
00:15:46.240 --> 00:15:50.879
of Rawlsey in definition. They're all
big supporters of the modern welfare state.

192
00:15:52.279 --> 00:15:54.639
They don't want to come the question
which is right, get rid of entitlements?

193
00:15:56.519 --> 00:16:00.840
The question is which is truth?
John, not what do most people

194
00:16:00.080 --> 00:16:07.200
happen to abide by today because they've
been improperly educated or whatever. The question

195
00:16:07.360 --> 00:16:11.840
is which one's true? No?
I see, this is why I guess

196
00:16:11.879 --> 00:16:15.600
I am a positivist. I tend
to think it's what the people today want

197
00:16:15.120 --> 00:16:21.720
want to incluhy do we? Why
do we? Then we're never going to

198
00:16:21.799 --> 00:16:25.120
get to our criticize Ald on this
one point. Why do we then criticize

199
00:16:25.200 --> 00:16:32.399
Nazi Germany or Soviet Russia or even
even Putin? Why do we If Putin

200
00:16:32.519 --> 00:16:36.159
thinks it's right to invade and take
back Ukraine, who are we to say

201
00:16:36.799 --> 00:16:38.759
it's not right for him to do? That's his business, it's not ours.

202
00:16:38.799 --> 00:16:44.480
We're not in Europe, We're not
in Eastern Europe. Why what right

203
00:16:44.600 --> 00:16:52.519
do we have to criticize cannibalism or
what's happened in Rwanda or all these other

204
00:16:52.639 --> 00:16:56.240
things. We ever have a right
to criticize those things unless we have a

205
00:16:56.320 --> 00:17:02.399
standard beyond enough people buy into it
to make it real. Why would we

206
00:17:02.480 --> 00:17:06.319
ever do that? That's a terrible
argument. And you're the sober person on

207
00:17:06.400 --> 00:17:11.000
this broadcast, believe it. I
just got a case of Italian wine.

208
00:17:11.559 --> 00:17:17.559
How do you think I'm sober?
So I have to say, John,

209
00:17:17.640 --> 00:17:22.559
I'm so glad that you have to
target not a terrible argument. Well,

210
00:17:22.960 --> 00:17:27.599
well, criticize the Nazis they follow
No, no, no, because just

211
00:17:27.720 --> 00:17:33.279
because it's not natural law doesn't mean
you can't have a universal theory of you

212
00:17:33.359 --> 00:17:36.440
know, human rights and political theory
that applies to everybody. It's just not

213
00:17:36.640 --> 00:17:40.440
natural law. What's the basis for
it? What's its foundation? Well,

214
00:17:40.480 --> 00:17:44.400
I mean, I look, I
actually tend to be more of a natural

215
00:17:44.640 --> 00:17:52.079
person in my own personal approach.
The political theory is personally but but but

216
00:17:52.240 --> 00:17:56.000
the political theory of it is right. If you're Walls, right, I

217
00:17:56.039 --> 00:17:57.920
guess it's you know, you're all
the state of nature behind a veil of

218
00:17:57.960 --> 00:18:03.240
ignorance, and then you guys make
a deal to maximize the minimum state of

219
00:18:03.400 --> 00:18:08.680
life that all of us will be
in should after we enter society. Oh

220
00:18:08.960 --> 00:18:11.759
boy, I don't find it terribly
convincing, but I find a lot of

221
00:18:11.799 --> 00:18:15.880
them. Okay, enough, I've
already depressed our game by bringing up the

222
00:18:15.960 --> 00:18:22.599
podcast actually agree with. So let's
get to something we all agree with two,

223
00:18:22.720 --> 00:18:27.200
which is how terrible the treatment of
Judge Kyle Duncan was at the Stanford

224
00:18:27.279 --> 00:18:33.799
Law School, and how it's another
example of the rapid decline of our universities.

225
00:18:33.839 --> 00:18:37.440
For those of you who didn't see
the tape, Judge Kyle Duncan,

226
00:18:37.720 --> 00:18:42.400
a Court of Appeals judge in the
Federal Circuit based in New Orleans, Louisiana,

227
00:18:44.000 --> 00:18:48.039
went to Stanford Law School last week
to give a speech, whereupon he

228
00:18:48.279 --> 00:18:53.359
was beset by what looks like a
hundred protesters in a school I think which

229
00:18:53.400 --> 00:19:00.240
has only got four hundred and fifty
students, who heckled him, interrupted him,

230
00:19:00.359 --> 00:19:04.440
shouted at him, basically prevented him
from speaking. Then, to make

231
00:19:04.559 --> 00:19:11.480
matters worse, Judge Duncan asked for
a school administrator to come to make sure

232
00:19:11.519 --> 00:19:18.759
that his First Amendment or rights were
respected, whereupon Lucretia's favorite kind of administrator,

233
00:19:18.079 --> 00:19:25.119
the diversity, equity and Inclusion administrator, appeared and proceeded then turn around

234
00:19:25.119 --> 00:19:29.839
and break Judge Duncan for another few
minutes, accused him of harming the students

235
00:19:29.880 --> 00:19:34.319
with his speech and questioning whether Stanford
should even respect free speech principles, and

236
00:19:34.839 --> 00:19:40.480
he accused him of denying their humanity. Yes, that's right, denying their

237
00:19:40.599 --> 00:19:45.799
humanity. And then Judge Duncan went
to Q and A, which quickly devolved

238
00:19:45.839 --> 00:19:52.680
into the state of nature, and
Judge Duncan had to end the whole thing

239
00:19:52.519 --> 00:19:57.519
amongst jeers and insults from students,
and I believe was even escorted out of

240
00:19:57.559 --> 00:20:03.319
the building by the old marshals.
What do you got where punching? Then,

241
00:20:03.480 --> 00:20:06.519
just to continue the search is a
little bit. The Dean of Stanford

242
00:20:06.599 --> 00:20:11.599
Law School, Jenny Martinez, and
the President of Stanford issue pretty quickly a

243
00:20:11.720 --> 00:20:17.799
joint apology to Judge Duncan, whereupon
Stanford Law School has been wrecked all week

244
00:20:18.079 --> 00:20:22.839
by protests of the dean for apologizing
to the racist I suppose or to the

245
00:20:22.160 --> 00:20:26.599
I guess he's a I'm not sure
what transphobe I believe they're calling him,

246
00:20:26.640 --> 00:20:33.000
or homophobe, transpob and I trans
trump judge. And that's where Matt jars

247
00:20:33.160 --> 00:20:37.359
soup guys one, well, please
discuss what you think of this, Steve,

248
00:20:37.400 --> 00:20:41.680
and then be what should be done
about it? Well, first of

249
00:20:41.720 --> 00:20:45.359
all, see's let's fill a little
bit more news about all this. So,

250
00:20:45.519 --> 00:20:49.119
first of all, you mentioned the
joint apology from the president. What's

251
00:20:49.160 --> 00:20:52.799
he's got a hyphenate the name test
Cia something or other who was under fired

252
00:20:52.880 --> 00:20:59.200
himself or possible ethiculations in his own
scientific work test a levine. There you

253
00:20:59.279 --> 00:21:07.160
go out And anyway, there's been
speculation that the apology that was jointly signed

254
00:21:07.640 --> 00:21:11.440
was stronger than the initial policy just
apology just from the dean, because it's

255
00:21:11.440 --> 00:21:15.119
said that some of the responses from
staff were inappropriate. That was a,

256
00:21:15.359 --> 00:21:22.079
you know, an implicit rebuke of
the theidan who showed up. So Second

257
00:21:22.119 --> 00:21:26.759
of all, apparently the Federal Society
had paid one hundred and fifty dollars to

258
00:21:26.880 --> 00:21:30.480
the Stanford Tech people whatever to do
a videotape recording of the entire session,

259
00:21:32.000 --> 00:21:37.000
and Stanford is now refusing to release
that recording to the Federal Society who paid

260
00:21:37.079 --> 00:21:38.559
for it, or do anyone else. I think, by the way,

261
00:21:38.599 --> 00:21:45.359
that some enterprising congressional committee ought to
subpoena that tape. Because point number three.

262
00:21:45.880 --> 00:21:48.240
In California, we have the Leonard
Law after a Been Leonard, which

263
00:21:49.039 --> 00:21:52.880
for whom my wife worked when he
sponsored the law thirty years ago, which

264
00:21:52.920 --> 00:21:56.519
said that all universities that received any
state funding, which would include Stanford,

265
00:21:56.640 --> 00:22:03.240
must protect free speech, must not
engage age in any viewpoint discrimination. The

266
00:22:03.359 --> 00:22:07.920
in violation of that law, which
probably has no criminal sanctions, and there's

267
00:22:07.000 --> 00:22:12.079
all that usual problem. So here
we are. What to be said about

268
00:22:12.119 --> 00:22:18.160
this is oh fourth point, sorry, a news item. Is the dean,

269
00:22:18.359 --> 00:22:21.240
who I assume is what Martinez whate
her name is is you know,

270
00:22:21.279 --> 00:22:26.599
a good conventional law school liberal teaches
constitutional law in ways that I'm sure it

271
00:22:26.599 --> 00:22:29.880
would drive Lucretia out of her mind. Well, she goes to class here

272
00:22:30.200 --> 00:22:34.640
a day or two ago, and
students dressed in black line the hallways and

273
00:22:34.880 --> 00:22:41.799
stand in her class and papered over
her chalkboard or white. It's about this

274
00:22:42.000 --> 00:22:47.799
was our speech, heckling the judge. This is brown shirt activity out of

275
00:22:48.400 --> 00:22:51.920
Batzi, Germany to a leftist right
the way. You know, I was

276
00:22:51.960 --> 00:22:57.279
reflecting on her day. You had
so many peperal credentials go to in the

277
00:22:57.440 --> 00:23:02.920
nineteen thirties and it's you know,
it's orwell, it's Arthur. It's one

278
00:23:02.960 --> 00:23:07.720
more kindle I was talking about on
a recent podcast. We have more to

279
00:23:08.000 --> 00:23:14.640
fear from communists than we have to
fear from Franco. It is. I

280
00:23:14.759 --> 00:23:19.720
think liberals in American faculties are slow
to learn that they have much more to

281
00:23:19.799 --> 00:23:26.319
fear from the radical left than they
do from uh, you know, Concervtainly.

282
00:23:26.440 --> 00:23:30.519
And that's the lesson of Stanford.
And I think they're going to do

283
00:23:30.640 --> 00:23:33.279
nothing, and we're just going to
have to see how this goes. I

284
00:23:33.319 --> 00:23:36.240
think it's very, very bad.
So I want to go back to something

285
00:23:36.359 --> 00:23:40.640
John said for a moment um that
we all agree on this. But when

286
00:23:40.680 --> 00:23:42.440
he when he said that, you
know, if there's a certain kind of

287
00:23:44.000 --> 00:23:51.279
um consensus about things, I want
to argue that the consensus at universities at

288
00:23:51.359 --> 00:23:59.119
least and in the mainstream media so
on isn't is exactly what that stupid twit

289
00:23:59.359 --> 00:24:04.200
d e I d ie whatever she
is, dean at Stanford Law School believe

290
00:24:04.279 --> 00:24:07.359
in. This has been the thing
I've sort of been harping on for the

291
00:24:07.480 --> 00:24:12.480
last couple of weeks, which is
that there is no questioning in anywhere other

292
00:24:12.559 --> 00:24:17.000
than you know, a few places
like Florida, I guess, Arizona,

293
00:24:17.200 --> 00:24:21.559
Iowa, you taught, Idaho,
a few places. It is such a

294
00:24:21.839 --> 00:24:30.680
matter of faith amongst university personnel across
the board that the idea that she could

295
00:24:30.720 --> 00:24:33.680
have, that that stupid twit dean
could have done anything wrong, it's really

296
00:24:33.759 --> 00:24:37.759
beyond And so, just for the
heck of it, I googled while we

297
00:24:37.799 --> 00:24:44.319
were while John was giving the setting
up the case hal Duncan. These are

298
00:24:44.759 --> 00:24:48.319
the one, two, three,
four, five, six first entries that

299
00:24:48.400 --> 00:24:57.039
come up Trump Judge Kyle Duncan's tantrum
at Stanford Law was part of blah blah

300
00:24:57.039 --> 00:25:03.119
blah blah blah. A new Supreme
Court case may be a nightmare for trans

301
00:25:03.240 --> 00:25:07.039
people. The Stanford Law students who
protested a judge are in the right.

302
00:25:07.599 --> 00:25:12.880
And it goes on and on exactly
like that. Protesting the nation, protesting

303
00:25:12.920 --> 00:25:19.880
an anti Trump judge isn't disrespectful.
It's American. And my point is is

304
00:25:19.920 --> 00:25:29.200
that you have to go about fifteen
articles down define anything that's even positive about

305
00:25:29.880 --> 00:25:34.400
Judge Duncan's response to all of this. This has become a matter of faith,

306
00:25:34.920 --> 00:25:42.119
a matter of heterodoxy, sorry orthodoxy, and anybody who argues against it

307
00:25:42.400 --> 00:25:48.920
is accused of heterodoxy. It's no
longer a matter of debate. If a

308
00:25:48.160 --> 00:25:57.359
d EI dean says that Judge Duncan's
words are denying the humanity of I don't

309
00:25:57.400 --> 00:26:03.680
know. I'm assumed she's talking about
trans persons because he's not fully embracing and

310
00:26:03.799 --> 00:26:12.279
celebrating a mutilating children who think that
their princesses or dinosaurs that somehow that's denying

311
00:26:12.319 --> 00:26:17.960
their humanity. We're all supposed to
go along with it and clap. And

312
00:26:18.680 --> 00:26:22.880
that's the problem I see with this. You see this being fought out now

313
00:26:22.160 --> 00:26:26.079
and again I'm going to give Steve
credit for this. He said, this

314
00:26:26.200 --> 00:26:27.920
is howhere it has to happen.
It can't be a matter of free speech.

315
00:26:29.359 --> 00:26:32.880
It has to be fighting fire with
fire in this case, because we're

316
00:26:33.319 --> 00:26:41.000
There's been a dozen articles in the
Chronicle of Higher Education lately arguing arguing the

317
00:26:41.160 --> 00:26:47.240
point from both sides, but arguing
the point as if it's arguable that diversity,

318
00:26:47.880 --> 00:26:52.759
equity, and inclusion is at least
as important an objective and a goal

319
00:26:52.200 --> 00:26:56.559
and a purpose for universities as is
academic freedom and the pursuit of truth.

320
00:26:57.240 --> 00:27:00.880
That's how far you're apt. Yeah, I mean I've been putting it lately

321
00:27:00.960 --> 00:27:06.559
that you know, the DEI has
become, especially these statements that you know,

322
00:27:06.640 --> 00:27:08.039
factty have to sign like you Ju
John, and I've had to do

323
00:27:08.119 --> 00:27:11.599
a couple of times in strange ways. It's become what I call the nice

324
00:27:11.640 --> 00:27:17.759
seeing creative academia. Academic freedom now
now means you are free to believe the

325
00:27:17.839 --> 00:27:21.400
same thing thing the rest of us
believe. It doesn't mean you are free

326
00:27:21.440 --> 00:27:23.799
to descend from it. I think, by the way, there's a two

327
00:27:25.680 --> 00:27:29.160
lucretia you mentioned. You know what
comes up on Google or a new search.

328
00:27:29.559 --> 00:27:32.359
A couple more facts about this,
and this is why the point I

329
00:27:32.440 --> 00:27:37.000
mentioned about Stanford will not release the
full videotape of the entire session. Some

330
00:27:37.200 --> 00:27:41.599
early stories, especially from left wing
sources like Slate and others, said,

331
00:27:41.640 --> 00:27:42.799
oh, well, you know,
judge duncan behave very badly. It was

332
00:27:42.880 --> 00:27:47.680
very rude. So two things to
be said. Apparently, and ed Wayland

333
00:27:47.720 --> 00:27:52.039
says this a national review because there
is an audio recording available. David Latt

334
00:27:52.079 --> 00:27:56.640
has apparently posted this. Apparently that
this account that he was rude to the

335
00:27:56.759 --> 00:28:02.720
students or was combative as wrong when
you listen to the whole thing. Second,

336
00:28:02.880 --> 00:28:06.880
what was his topic? His top
was about, essentially, I'll translate

337
00:28:06.920 --> 00:28:08.920
it as I understand it, John, it was how circuit splits and things

338
00:28:08.960 --> 00:28:12.880
that bubble up from the circuit courts
present problems to the Supreme Court. His

339
00:28:14.160 --> 00:28:18.599
topic was not about identity politics.
It was not about the transgender business,

340
00:28:18.079 --> 00:28:22.720
the you know, the the uber
woke people of Stanford wanted to make a

341
00:28:22.799 --> 00:28:26.519
fuss because he had supposedly misgendered someone
in an oral argument in a case.

342
00:28:26.920 --> 00:28:32.279
Because guess what, he's not up
on today's pronoun list because that's how crazy

343
00:28:32.359 --> 00:28:34.759
these people are. So I mean, I think as more facts come out,

344
00:28:34.839 --> 00:28:41.279
it's even worse than it looks.
So Steve Well, no, I

345
00:28:41.920 --> 00:28:45.519
yes, I agree. I agree
with that. I think Stanford is we're

346
00:28:45.519 --> 00:28:48.119
watching Stanford. I suspect they will
do nothing. They're going to try and

347
00:28:48.160 --> 00:28:51.519
sweep it under the rug. The
broader point to pull back on and think

348
00:28:51.559 --> 00:28:55.079
about is one that you Lucation I
have been arguing about on email all day

349
00:28:55.200 --> 00:28:59.119
or all week, not really arguing, but my point is is there is

350
00:28:59.200 --> 00:29:03.839
what I like to call the version
of supply side economics, accept the supply

351
00:29:03.960 --> 00:29:11.319
side academia. As you increase the
supply of d EI administrators and the related

352
00:29:11.079 --> 00:29:15.839
programs and student mental health support,
you're going to get what. You're going

353
00:29:15.880 --> 00:29:22.079
to get more people aggrieved about diversity
themes because there's the ideology of it in

354
00:29:22.160 --> 00:29:27.160
the courses, and then there's this
administrative apparatus to reinforce it constantly, and

355
00:29:27.319 --> 00:29:33.039
so no wonder we are seeing scoring
rates of students who are suffering from mental

356
00:29:33.119 --> 00:29:37.079
health. This is John Hight's great
article saying, you know, starting ten

357
00:29:37.160 --> 00:29:41.839
years ago, we started seeing especially
liberal students, especially if I'll be sexist

358
00:29:41.839 --> 00:29:45.839
about it. Liberal women's students showing
increasing rates of mental health difficulties. And

359
00:29:47.160 --> 00:29:51.279
you know this is where Lucretian I
have talked past each other. I've noticed

360
00:29:51.359 --> 00:29:56.039
john campus climate surveys at Berkeley and
elsewhere where minority students say, gosh,

361
00:29:56.119 --> 00:30:00.200
I feel less comfortable on campus than
I did years ago or whatever or whatever

362
00:30:00.240 --> 00:30:06.440
the previous surveys were. How can
this be. We've added fifty diversity bureaucrats,

363
00:30:06.680 --> 00:30:11.640
We've added all these counselors, we've
all added all these students support services.

364
00:30:11.319 --> 00:30:18.359
And it occurs to no one that's
causing the problem, that is aggravating

365
00:30:18.400 --> 00:30:26.480
and reinform Yes, Steve, speaking
of I'm sorry, I thought you were

366
00:30:26.519 --> 00:30:30.000
done. We are having a little
bit of trouble with audio folks, and

367
00:30:30.079 --> 00:30:34.400
I apologize for that. That's because
my my friends are in their undisclosed location

368
00:30:34.480 --> 00:30:41.359
and a bunker deep down beneath them
the Panhandle of Florida or something. I

369
00:30:41.440 --> 00:30:45.359
don't know anyway, Um, but
the Chronicle of Higher Education had an article

370
00:30:45.400 --> 00:30:53.839
and it went like this, d
EI is under attack everywhere, and then

371
00:30:55.200 --> 00:31:00.920
okay, period. Then the next
sentence was, the efforts by d EI

372
00:31:00.759 --> 00:31:10.920
professionals is not producing the results expected. That's my point, I think exactly,

373
00:31:11.160 --> 00:31:17.359
but I mean even the chronicle recognizes
that all that, and then of

374
00:31:17.400 --> 00:31:18.599
course the next one was, well, what do we do about this this

375
00:31:18.880 --> 00:31:22.720
disconnect? You know, though,
what do we do about the fact that

376
00:31:22.400 --> 00:31:26.480
we want to spend more money,
we want to put more resources into d

377
00:31:26.680 --> 00:31:30.680
i E. But it's not showing
the kind of progress we want to see.

378
00:31:30.000 --> 00:31:33.799
And now people are recognizing that,
and they're wanting to shut us down,

379
00:31:33.920 --> 00:31:36.599
and so we've really got to rethink
how we do this so that we

380
00:31:36.759 --> 00:31:41.279
can't we can prevent the kinds of
activities we're seeing in Florida and elsewhere to

381
00:31:41.559 --> 00:31:48.240
I mean, some states are talking
about completely taking out any funding whatsoever for

382
00:31:48.480 --> 00:31:53.440
d IE initiatives broadly defined in state
universities. That would be amazing. I

383
00:31:53.480 --> 00:31:57.039
don't know if they'd be successible,
but so here's a guys, here's a

384
00:31:57.480 --> 00:32:02.000
easy test, I think, to
see whether Stanford or other universities would be

385
00:32:02.079 --> 00:32:06.519
serious about this. Before we move
on to our next topic, let me

386
00:32:06.559 --> 00:32:12.039
ask you, do you think that
Stanford will fire the d EI official here

387
00:32:12.559 --> 00:32:16.359
who, instead of defending free speech, attacked the speaker. No, there's

388
00:32:16.480 --> 00:32:22.319
zero chance that will happen. As
my prediction, they will take the Weasley

389
00:32:22.519 --> 00:32:28.400
middle road, try to please both
sides and hope everybody forgets they're too cowardly

390
00:32:28.480 --> 00:32:31.559
to fire. I mean, yeah, then then it means that no good

391
00:32:31.599 --> 00:32:38.079
will come of this the end Ye
people pay attention, John, the universe

392
00:32:38.119 --> 00:32:40.799
is aren't going to do the very
minimum that they should that would occur to

393
00:32:40.880 --> 00:32:45.440
any reasonable person about how to take
a first step to fix this up.

394
00:32:45.480 --> 00:32:47.759
Okay, so I'm just arguing,
John, I know you want to move

395
00:32:47.839 --> 00:32:52.039
on, but I'm arguing that in
the university's view, in the d Ie

396
00:32:52.279 --> 00:32:57.079
regime's view, it's not a reasonable
person that would be upset by it.

397
00:32:57.680 --> 00:33:00.200
Yeah, yes, that's the problem. Yes, I agree with you on

398
00:33:00.319 --> 00:33:06.079
that one. Yeah, so let's
move on to yet another. We don't

399
00:33:06.160 --> 00:33:10.680
want everyone in the country to think
that everything here revolves around universities. But

400
00:33:10.920 --> 00:33:15.519
our second topic is also a university
based story. And this was carried by

401
00:33:15.559 --> 00:33:21.440
The New York Times over the weekend. I as a service to the readers

402
00:33:21.680 --> 00:33:24.359
to the listeners. Unlike Steven Lucretia, I read the New York Times regularly

403
00:33:24.519 --> 00:33:30.079
just to know what the other side
is thinking. And the New York Times

404
00:33:30.119 --> 00:33:34.720
reports in the case of Amy Wax. Amy Wax is a professor at the

405
00:33:34.799 --> 00:33:39.319
University of Pennsylvania. She's made a
number of controversial statements, some in class,

406
00:33:39.920 --> 00:33:45.160
out of class, some in their
writings in allegedly one on one meetings

407
00:33:45.200 --> 00:33:52.559
with students. The thing that she's
probably most criticized for is a statement she

408
00:33:52.680 --> 00:33:58.319
made in the Philadelphia Inquirer, my
hometown newspaper, where she said something along

409
00:33:58.400 --> 00:34:01.319
the lines of the United States would
be more successful socially if it went back

410
00:34:01.839 --> 00:34:07.760
to nineteen fifties policies of stable families, not having children out of wedlocke,

411
00:34:08.239 --> 00:34:14.199
getting a job, going to work, paying taxes, high levels of religion,

412
00:34:14.280 --> 00:34:17.639
and so on. But then she's
made more controversial statements, such as

413
00:34:17.719 --> 00:34:23.079
apparently saying on a radio show that
she's only had ever one or two black

414
00:34:23.159 --> 00:34:28.880
students in her teaching career, whoever
graduated in the top part of her classes.

415
00:34:29.639 --> 00:34:35.360
She allegedly has said that they're too
much immigration, too much, too

416
00:34:35.440 --> 00:34:40.199
much immigration coming from Mexico and Asia, especially because they vote for Democrats,

417
00:34:42.679 --> 00:34:49.480
and saying that some students might not
be at Penn or in the IVY leagues

418
00:34:49.480 --> 00:34:55.119
if it were not for affirmative action. So apparently the breaking news was over

419
00:34:55.159 --> 00:35:00.039
the weekend that the dean of Penn
has now recommended to the university that Amy

420
00:35:00.079 --> 00:35:07.719
Wax be fired and she's not protected
by academic freedom, but instead has made

421
00:35:07.800 --> 00:35:13.760
statements that make students, faculty,
and staff feel unsafe and have denigrated them.

422
00:35:14.239 --> 00:35:17.119
Again, So, guys, do
you think that what's happened is protected

423
00:35:17.159 --> 00:35:22.440
by academic freedom or is this a
big mistake? Would be a big mistake

424
00:35:22.480 --> 00:35:27.360
by Penn? And again, also
what is to be done about this as

425
00:35:27.400 --> 00:35:30.840
well? So Lucretia, let's start
with you this time. This whole idea

426
00:35:30.960 --> 00:35:37.960
that words can harm people makes me
want to throw up and throw things.

427
00:35:37.400 --> 00:35:45.199
Okay, I'm so sick of the
idea that I say something to someone and

428
00:35:45.320 --> 00:35:53.960
they're so weak and pathetic and useless
that my words cause them harm. So

429
00:35:55.159 --> 00:36:00.920
that's let's just stipulate that from the
get go. Of course, academic freedoms

430
00:36:00.960 --> 00:36:05.000
one of those things. It's in
the eye of the beholder these days.

431
00:36:05.079 --> 00:36:07.000
And you know, I don't think
academic freedom is going to save her.

432
00:36:07.360 --> 00:36:13.559
I think she ought to stand on
the defensive libel and say what everything she

433
00:36:13.639 --> 00:36:19.239
says is true? And how can
they in any way shape or form criticizer

434
00:36:19.320 --> 00:36:22.039
for saying things that we all know
are true. That's, of course,

435
00:36:22.119 --> 00:36:28.440
her real sin is pointing out the
very, very obvious that everybody understands implicitly,

436
00:36:28.800 --> 00:36:30.639
but nobody can say that, because
then we'd have to face the awful

437
00:36:30.679 --> 00:36:37.320
fact that what we've done to scores
and generations of young minority students is just

438
00:36:37.599 --> 00:36:42.119
ruin their lives, right, that's
what we've done. We've ruined them from

439
00:36:42.159 --> 00:36:45.119
the time they start at a very
young age by making sure they grow up

440
00:36:45.119 --> 00:36:50.519
in families without intact households. We've
ruined them by putting them through the worst

441
00:36:50.599 --> 00:36:57.159
god awful urban city school districts governed
by teachers unions who are the most vile

442
00:36:57.280 --> 00:37:01.079
unions on the planet, and not
saying something. We've ruined them by promoting

443
00:37:01.159 --> 00:37:05.559
them when they shouldn't be, by
not insisting that they learned to read,

444
00:37:05.679 --> 00:37:10.079
instead providing them with lots of crap
instead. I mean, there's it goes

445
00:37:10.199 --> 00:37:15.840
on and on in the ways that
we have ruined minority students, especially those

446
00:37:15.920 --> 00:37:20.519
who grow up in urban areas or
inner city areas or poorer areas. And

447
00:37:21.480 --> 00:37:24.199
to point that out, of course, is just to acknowledge on the left

448
00:37:24.480 --> 00:37:29.199
that they have, whether purposeful or
not. That was the question I asked

449
00:37:29.239 --> 00:37:30.840
you at the end last week.
Guys, if you'll recall, was this

450
00:37:30.960 --> 00:37:37.599
whole thing purposeful or was it just
a monumental failure of brought about by idiots.

451
00:37:38.440 --> 00:37:42.840
I'm inclined toward the former, and
that's why I think the pushback on

452
00:37:42.960 --> 00:37:49.960
this sort of thing is so hard. Yes. So yeah, first of

453
00:37:50.000 --> 00:37:52.639
all, let's add a couple more
details in John, you mentioned that op

454
00:37:52.880 --> 00:37:55.639
ed article she wrote in the summer
in the Philadelphia Inquired or what five or

455
00:37:55.679 --> 00:38:02.119
six years ago now? She co
wrote that with Larry Alexander from University University

456
00:38:02.159 --> 00:38:07.559
of San Diego school. Yeah,
and what was interesting was you summarize the

457
00:38:07.599 --> 00:38:12.039
claims very well. It was basically, you know, get married, finished

458
00:38:12.079 --> 00:38:15.039
high school, The statistics show you
won't be poor if you do that,

459
00:38:15.400 --> 00:38:20.039
and so forth. That is widely
accepted social science. And they published that

460
00:38:20.079 --> 00:38:23.639
op ed article and there was this
huge eruption, including from Dean ted Ruger

461
00:38:23.679 --> 00:38:28.760
at Penn because the students were upset
or somebody was. Also the University of

462
00:38:28.800 --> 00:38:32.239
San Diego Law School, the dean
issued a statement condemning Larry Alexander on that

463
00:38:32.519 --> 00:38:39.639
article. What utterly shameful performance by
those deans responding to a student mob who

464
00:38:39.639 --> 00:38:44.239
are upset by what, as I
say, why they accepted one of the

465
00:38:44.280 --> 00:38:47.320
first persons who put that together,
those themes together. It wasn't so much

466
00:38:47.440 --> 00:38:52.440
Charles Murray. It was Bill Galston
when he was working for Bill Clinton in

467
00:38:52.559 --> 00:38:58.719
the late nineties, a work for
Walter Mondale, a liberal Democrat. You

468
00:38:58.800 --> 00:39:01.159
know, he's the token Democrat at
the Wall Street Journal editorial page. This

469
00:39:01.400 --> 00:39:06.039
is not outrageous, wild, crazy
right wing stuff. And yet there was

470
00:39:06.119 --> 00:39:09.440
this eruption over it, and Dean
Ruger talk about bad fate. I mean,

471
00:39:09.519 --> 00:39:13.199
if you object to that op ed, there is something wrong with that

472
00:39:13.320 --> 00:39:16.039
guy in his head. So now
we fast forward to things. And by

473
00:39:16.079 --> 00:39:17.920
the way, you know, John, you and I both know Amy a

474
00:39:17.960 --> 00:39:22.360
bit. You may know her better
than I do. Let's add for listeners,

475
00:39:22.800 --> 00:39:28.400
what an extraordinarily impressive person she is. She's not only free where she

476
00:39:28.400 --> 00:39:30.320
went to law school and all the
other credentials she has in law and having

477
00:39:30.440 --> 00:39:36.679
won many teaching awards at Penn.
She's also a medical doctor. She went

478
00:39:36.719 --> 00:39:39.639
to Harvard Medical School, worked in
what neuralscience or something. I mean,

479
00:39:40.280 --> 00:39:46.480
you know, you hardly find someone
of more impeccable credentials of expertise than her.

480
00:39:47.400 --> 00:39:51.679
Now I don't I don't quite agree
with her about, for example,

481
00:39:51.800 --> 00:39:53.920
you know, Asian immigration. I
think you see Asian voters are starting to

482
00:39:54.000 --> 00:39:58.639
move more to the right because guess
what they've woken up to. What also

483
00:39:58.760 --> 00:40:00.800
trying to do to them? A
little behind the curve on that. But

484
00:40:00.840 --> 00:40:02.920
that's a little thing. I mean, who you know, all right?

485
00:40:04.039 --> 00:40:06.960
What the heck? A lot of
the other things in that article, either

486
00:40:07.039 --> 00:40:10.400
out of context and so forth.
And again this gets back to and I

487
00:40:10.440 --> 00:40:14.280
said it a moment ago, academic
freedom seems to me now you have the

488
00:40:14.320 --> 00:40:16.960
freedom to agree with the left and
nothing else. And so this is pretty

489
00:40:16.960 --> 00:40:21.679
shameful on Dean Ruker's part and everybody
else. And you know Porty Amy and

490
00:40:21.719 --> 00:40:23.039
I've talked to her some. I
mean, this is this is Warren on

491
00:40:23.119 --> 00:40:25.519
her? Is it? What on
anybody? And she's a pretty tough person.

492
00:40:25.960 --> 00:40:30.519
So what do you think will happen? Who knows what's happening right now?

493
00:40:30.559 --> 00:40:32.719
Whether there are enough adults to say, you know, I don't care

494
00:40:32.800 --> 00:40:37.559
how offensive you find her views,
Firing her would be a very black mark

495
00:40:37.639 --> 00:40:40.360
for pen, which I think it
obviously would be. I'll just add,

496
00:40:40.360 --> 00:40:44.440
by the way, I mean,
I don't you know I've told Lucretia of

497
00:40:44.480 --> 00:40:45.320
the story. I'm not sure i've
told you, John, you know,

498
00:40:45.480 --> 00:40:50.039
I did have. I had had
a handful of black students who are absolutely

499
00:40:50.119 --> 00:40:53.199
stellar. This one lady I had
who was so good in class, top

500
00:40:53.280 --> 00:40:57.719
grade in my class at Colorado,
and I was encouraging her to apply to

501
00:40:57.800 --> 00:41:00.079
Ivy League law schools because I knew
she could do the work. And she

502
00:41:00.199 --> 00:41:04.159
says to me in her quiet voice, I'm afraid I would only get in

503
00:41:04.239 --> 00:41:07.519
as an affirmative action in Mitty And
I'm you know. And the subtext was

504
00:41:07.559 --> 00:41:09.400
I'm not sure I could do the
work. And I reassured her, Oh,

505
00:41:09.519 --> 00:41:13.800
no, you can stand up against
anybody because you're that good. She

506
00:41:13.920 --> 00:41:15.840
did, By the way, he
go to an Ivy Lea law school and

507
00:41:15.920 --> 00:41:17.840
did very well. I had another
student I don't never told you about this,

508
00:41:17.960 --> 00:41:23.159
John. I had this one student
in my undergraduate class, said there

509
00:41:23.159 --> 00:41:27.519
at Berkeley in con law, and
he did a lot of extra reading.

510
00:41:27.519 --> 00:41:31.039
He'd come up after class and asked
me about Richard Epstein, and clearly he

511
00:41:31.119 --> 00:41:35.400
was reading you know, very widely. He'd asked me about liberal authors and

512
00:41:35.599 --> 00:41:38.360
you know, obviously a curious,
motivated student. I said him, one

513
00:41:38.400 --> 00:41:40.000
day, you're gonna love this,
John, what do you want to be

514
00:41:40.079 --> 00:41:43.800
when you grow up? And he
said, I swear to God, he

515
00:41:43.880 --> 00:41:49.119
said, I want to be Paul
Clement. Right for listeners, Paul Clement

516
00:41:49.320 --> 00:41:52.880
is one of the premier Supreme Court
advocates. So why do you want to

517
00:41:52.920 --> 00:41:57.199
be Paul Clement. Well, I've
watched him or listened to these oral arguments

518
00:41:57.239 --> 00:42:00.599
on YouTube and he's really good.
So, by the way, John said,

519
00:42:00.639 --> 00:42:02.719
you want to meet him because you
know I know him slightly and actually

520
00:42:02.760 --> 00:42:06.519
fixed up for him to go spend
fifteen minutes with Paul Clement and his law

521
00:42:06.519 --> 00:42:08.719
office. Is like, you know
anyway, so you know there are some

522
00:42:08.920 --> 00:42:14.079
out there and they are the ones
who lose the worst from the political correctness

523
00:42:14.119 --> 00:42:16.880
about affirmative action and all the rest
of that. Um, I'm just sorry.

524
00:42:16.920 --> 00:42:22.039
I just love telling stories about students
like that. Here's the problems.

525
00:42:23.079 --> 00:42:27.920
Here's the problem. I don't know
anything about those students you just mentioned.

526
00:42:28.000 --> 00:42:32.599
My guess is that they probably had
a decent amount of good parenting whatever might

527
00:42:32.679 --> 00:42:37.280
be. Maybe not there are some
that there are students a white, black,

528
00:42:37.880 --> 00:42:44.039
Asian otherwise who managed to pull through
no matter what, because they're very,

529
00:42:44.159 --> 00:42:46.360
very bright. But the point of
the matter is, if you just

530
00:42:46.639 --> 00:42:53.519
go by a colorblind society, you
will not achieve the kind of minority representation

531
00:42:53.719 --> 00:42:59.199
that everybody thinks we should have.
That is not, however, in my

532
00:42:59.400 --> 00:43:05.159
opinion, because minorities are fundamentally dumber
or less capable. It's because they are,

533
00:43:05.760 --> 00:43:09.320
in many cases subject to the worst
that our society can possibly offer them

534
00:43:09.559 --> 00:43:16.039
all along the way. You don't
start being a Harvard Law school star if

535
00:43:16.119 --> 00:43:19.880
you didn't have a mom who taught
you to read by the time you were

536
00:43:19.960 --> 00:43:24.840
four years old. You just need
that encouragement, You need that home life,

537
00:43:24.960 --> 00:43:30.159
you need books, you need good
teachers. There's a whole lot of

538
00:43:30.239 --> 00:43:34.840
things that get you there. And
rather than face the fact that the left,

539
00:43:35.159 --> 00:43:39.559
with their war and poverty, the
left their support for educational unions,

540
00:43:39.639 --> 00:43:45.000
teachers unions, and all those other
things have destroyed the lives of countless young

541
00:43:45.119 --> 00:43:50.840
people. Rather than face that,
then they have no choice but to fall

542
00:43:50.960 --> 00:43:53.199
for diversity. Well, first of
all, for affirmative action. And when

543
00:43:53.280 --> 00:44:00.599
firmative action, affirmative action isn't enough
to guarantee success in college or graduate school,

544
00:44:00.679 --> 00:44:01.920
law school, what have you.
Then, of course you've got to

545
00:44:02.039 --> 00:44:06.000
do things I get rid of MCATs, get rid of l SAPs, get

546
00:44:06.079 --> 00:44:12.840
rid of grades entirely, and so
that you still don't have to face the

547
00:44:12.920 --> 00:44:16.039
fact that you haven't properly prepared these
young people to be successful, and you've

548
00:44:16.079 --> 00:44:22.400
pushed them forward where they don't belong. Those are all problems the left refuses

549
00:44:22.440 --> 00:44:24.320
to face. And that's why the
Amy Waxes of the world have to be

550
00:44:24.440 --> 00:44:30.599
shut up and can't be allowed to
speak. Yeah, that's all I'm going

551
00:44:30.679 --> 00:44:36.480
to say. I find out by
the way, I really do you know,

552
00:44:36.880 --> 00:44:42.639
remember they even remember there was that
woman in Chicago who taught in like

553
00:44:42.800 --> 00:44:45.559
the worst of the worst inner Marva
Collins. It was Marva Collins. I

554
00:44:45.639 --> 00:44:49.800
met her once, yes, yeah, and remember she was teaching Shakespeare.

555
00:44:49.840 --> 00:44:57.800
And of course you can't honor people
like that because they they undermine the message,

556
00:44:58.280 --> 00:45:01.079
they undermine everything, because it would
it would mean that we would have

557
00:45:01.199 --> 00:45:05.920
to look at the real problems that
plague our society and not just try to

558
00:45:06.039 --> 00:45:09.440
fix them with a sort of unjust
band aid. By the time that students

559
00:45:09.480 --> 00:45:14.599
get into medical school. You know, that's the problem, and it drives

560
00:45:14.639 --> 00:45:17.400
me crazy. It makes me marry
their person like that. Who I also

561
00:45:17.440 --> 00:45:22.480
got to meet was him Escalante.
They made a movie about in the nineties.

562
00:45:22.519 --> 00:45:24.800
I got to meet him once when
he when he went to Sacramento after

563
00:45:24.960 --> 00:45:31.599
having huge success teaching hundreds of Hispanic
kids at a very poor school in south

564
00:45:31.679 --> 00:45:37.039
central LA or East LA how to
do calculus. And at first people thought,

565
00:45:37.159 --> 00:45:39.119
oh, they must be cheating if
they're passing these tests. They weren't

566
00:45:39.159 --> 00:45:43.920
cheating. He was that gifted the
teacher. I saw why, that's right.

567
00:45:44.039 --> 00:45:45.920
I saw why when I got to
spend half a day with the guy

568
00:45:46.039 --> 00:45:50.480
and they ran him out of that
school because of never mind, you know

569
00:45:50.519 --> 00:45:52.719
how that the rest of that story
goes. Yeah, so there you go.

570
00:45:53.199 --> 00:45:55.800
Yeah, that's I did leave that
out. I mean, I've had

571
00:45:55.840 --> 00:46:02.239
a number of black students who are
really gray and they all came from intact

572
00:46:02.320 --> 00:46:07.440
families. I think that may be
the common denominator. Yeah, so,

573
00:46:07.199 --> 00:46:13.840
okay, okay, guys, let's
move on to our next issue, which

574
00:46:14.000 --> 00:46:22.360
is tangentially related, not even tangentially
to the issues that has raised, and

575
00:46:22.559 --> 00:46:27.719
that Lucretia was just talking about which
was that the San Francisco City Council I

576
00:46:27.840 --> 00:46:31.840
just can't resist, sess me and
Steve live here. We may be paying

577
00:46:31.960 --> 00:46:37.480
extra in our tax bills in the
future because the San Francisco City Council is

578
00:46:37.599 --> 00:46:44.920
currently considering, has been taking testimony
as issue to report, and is considering

579
00:46:45.000 --> 00:46:51.840
whether to give reparations for slavery.
This is California, which entered the Union,

580
00:46:51.920 --> 00:46:55.400
if I remember correctly, in eighteen
fifty as a free state, and

581
00:46:55.760 --> 00:47:00.280
was law known in the United States. I believe for its progressive of racial

582
00:47:00.440 --> 00:47:07.360
attitudes, long before Brown versus Board
of Education. I think California is today

583
00:47:07.519 --> 00:47:14.760
a great example of many races living
together. But nonetheless, the San Francisco

584
00:47:14.880 --> 00:47:20.440
City Council thinks that it's time for
the taxpayers of the city, despite all

585
00:47:20.440 --> 00:47:23.360
the crime, despite the failing schools, despite the hollowing out of the inner

586
00:47:23.440 --> 00:47:30.679
cities, it's time to pay reparations
for slavery. Steve, as a fellow

587
00:47:30.800 --> 00:47:34.800
per taxpayer of California who made at
some point I have to pay higher taxes,

588
00:47:34.840 --> 00:47:37.440
look at this. What do you
think? Well, so, first

589
00:47:37.440 --> 00:47:44.159
of all, it's the initial reparations
down payment. This is important downpayment.

590
00:47:44.239 --> 00:47:47.800
Five million dollars. You don't even
have to necessarily be the descendant of an

591
00:47:47.840 --> 00:47:52.599
ex slave. The I read through
the report, by the way this commission

592
00:47:52.719 --> 00:47:55.119
produced, it's I don't know,
eighty pages long, and it's every radical

593
00:47:55.320 --> 00:48:00.639
left racial grievance you can imagine.
And so what you have is housing discrimination

594
00:48:00.800 --> 00:48:06.360
and segregation and jobb and so all
these things add up to a big debt.

595
00:48:06.400 --> 00:48:12.519
It's not just reparations for slavery,
it's reparations for skin color. And

596
00:48:12.840 --> 00:48:16.000
so it turns out that a recent
immigrant to the United States from say Haiti

597
00:48:16.480 --> 00:48:22.119
would be eligible to five million dollars
a person. I did rough back of

598
00:48:22.199 --> 00:48:24.400
the envelope math of, you know, the number of blacks in San Francisco,

599
00:48:24.440 --> 00:48:29.599
which has been dwindling because they're getting
priced out by the uppies until recently

600
00:48:29.679 --> 00:48:32.159
when even the uppies have left,
and it's I forget the figure, but

601
00:48:32.280 --> 00:48:37.800
it's some multi billion dollar figure.
It would amount to something like, well,

602
00:48:37.840 --> 00:48:40.320
I don't remember, but several hundred
thousand dollars per household of non black

603
00:48:40.480 --> 00:48:44.840
residents of San Francisco. Who's going
to stay to pay that? But then

604
00:48:44.880 --> 00:48:47.360
it went on to say there should
also be for the next what twenty years

605
00:48:47.440 --> 00:48:53.159
or something. A minimum annual income
provided to all black people in San Francisco,

606
00:48:53.360 --> 00:48:58.159
something like ninety five thousand dollars a
year, so five million plus a

607
00:48:58.199 --> 00:49:01.119
guaranteed annual income for a couple of
decades. Now this is looney tunes,

608
00:49:01.159 --> 00:49:05.559
of course, Steve. But look, yeah, you know that's a good

609
00:49:05.599 --> 00:49:13.039
quick question. If I moved to
San Francisco and identify as a impoverished black

610
00:49:13.119 --> 00:49:17.119
woman, can I get reparations?
Probably it's not clear. I mean,

611
00:49:17.400 --> 00:49:21.400
you know, I think you have
to actually prove anything, or can you

612
00:49:21.480 --> 00:49:25.239
just identify as well? You know, this is a good question. You

613
00:49:25.320 --> 00:49:29.559
know, we're back to the sort
of one drop rule, which used to

614
00:49:29.639 --> 00:49:32.360
be you know, one of the
odious things about racism in the Old South,

615
00:49:32.519 --> 00:49:37.159
and now we're back to approving of
that for qualifications for you know,

616
00:49:37.280 --> 00:49:42.360
firmative action and so forth. I
have to do that by genetic testing or

617
00:49:42.519 --> 00:49:45.719
can you just claim it? That's
a good question too. Look, no,

618
00:49:46.000 --> 00:49:52.599
nobody's thought this through. It's completely
preposterous and trying to make Yeah,

619
00:49:52.760 --> 00:49:58.079
well but well but the okay,
one of the broader points is the city

620
00:49:58.159 --> 00:50:01.199
council voter for this because they don't
dare vote against it, and Gavin Newsom

621
00:50:01.360 --> 00:50:07.360
signed the bill to set up a
separate state wide commission, which has said

622
00:50:07.400 --> 00:50:09.639
there must be some kind of recompense
made. They didn't name a figure,

623
00:50:10.159 --> 00:50:15.519
but the figure that a lot of
people advocated in testimony to this committee or

624
00:50:15.559 --> 00:50:19.679
commission that was put together and approved
by Gavin Newsom was something like at least

625
00:50:19.719 --> 00:50:23.119
three hundred thousand dollars per person,
a lot lower than San Francisco. And

626
00:50:23.519 --> 00:50:27.840
you know, how is Gavin Newsom
going to run for president? I'll just

627
00:50:28.000 --> 00:50:32.360
end with this. I did see
a tweet from her worship Nicole Hannah Jones,

628
00:50:32.920 --> 00:50:36.679
and she actually said this, and
I couldn't believe she wasn't pulling her

629
00:50:36.719 --> 00:50:39.079
leg except I think she has no
sense of humor. She said, Oh,

630
00:50:39.400 --> 00:50:43.920
I don't understand why white people are
upset about this reparations payment. They

631
00:50:44.000 --> 00:50:47.639
won't pay it. The federal government
will pay it. She actually said that

632
00:50:47.800 --> 00:50:52.719
in a tweet. And they,
Oh, we're just talking to Looney tunes

633
00:50:52.760 --> 00:50:54.840
land now, right, what you
know, print money like Silicon Valley Bank.

634
00:50:54.880 --> 00:51:00.199
I don't know. That's all I
could want forever. But that's enough.

635
00:51:00.320 --> 00:51:09.119
Lucresia, Lucresia, your thoughts about
the San Francis. I can't even

636
00:51:09.239 --> 00:51:15.000
it's too stupid to contemplate. I'm
sorry, it's just the whole idea since

637
00:51:15.159 --> 00:51:19.960
it was first mentioned, what twenty
five years ago, I don't even know,

638
00:51:20.079 --> 00:51:25.440
Steve, you'll know it's it's ludicrous. Slavery was a terrible, terrible

639
00:51:25.639 --> 00:51:30.880
sin against humanity committed by this country. There is no doubt about that.

640
00:51:31.639 --> 00:51:39.159
There There is nobody who can show
direct, direct suffering in this life as

641
00:51:39.199 --> 00:51:45.559
a result of any connection whatsoever to
slavery. And it goes totally against the

642
00:51:45.760 --> 00:51:51.400
concept of the rule of law that
no one can be made a part of

643
00:51:51.480 --> 00:51:57.039
the remedy who was not part of
the injury. I never owned a slave.

644
00:51:57.400 --> 00:52:00.920
I would guess that even you two
never owned a slave. And so

645
00:52:01.280 --> 00:52:06.079
why are you on the hook for
paying somebody who never was a slave,

646
00:52:07.039 --> 00:52:10.840
who doesn't even know a relative who
was a slave, any kind of reparations

647
00:52:10.920 --> 00:52:16.760
reparations for what I mean, it's
just again, I can't I don't even

648
00:52:16.840 --> 00:52:22.960
know how to prepare a sustained argument
against it, because it's so stupid.

649
00:52:22.039 --> 00:52:25.039
I can't believe that we're even discussing
it. But I know not that we

650
00:52:25.320 --> 00:52:29.280
hear, but that anybody is,
but I know we are, so I

651
00:52:29.320 --> 00:52:35.000
suppose I probably ought to formulate and
articulate a reasonable response to I just can't.

652
00:52:35.159 --> 00:52:39.119
It's so well dumb. Well,
well, let me mention one possible

653
00:52:39.239 --> 00:52:44.639
parallel that I'm surprised hasn't burnout.
More so, you know, as we

654
00:52:44.800 --> 00:52:50.119
know of the good Progressive rounded up
Japanese Americans and put them in the tension

655
00:52:50.159 --> 00:52:52.119
camps during World War two, so
we thought there were a security risk.

656
00:52:52.920 --> 00:52:57.119
And after the war was over and
a lot of them lost their businesses and

657
00:52:57.199 --> 00:53:00.280
homes because you know, they didn't
have income, couldn't pay mortgages, forth.

658
00:53:00.360 --> 00:53:04.360
All right, in late four days, there was a compensation fund set

659
00:53:04.480 --> 00:53:07.559
up. Very few claims were made, and I've always wanted I mean,

660
00:53:07.639 --> 00:53:10.199
I don't have time, but I've
always been curious as to why there weren't

661
00:53:10.199 --> 00:53:15.199
more claims made from people who had
legitimate claims. And I think maybe John,

662
00:53:15.400 --> 00:53:19.159
and I mean your Korean, not
Japanese. I think maybe it was

663
00:53:19.239 --> 00:53:22.599
sort of Asian pride or Japanese pride. I'm not sure that may be extrapolating.

664
00:53:22.679 --> 00:53:30.280
But now fast never mind that big
push for and I think it was

665
00:53:30.400 --> 00:53:35.639
called reparations. But in nineteen eighty
eight, Congress passed a bill ranting twenty

666
00:53:35.719 --> 00:53:42.280
thousand dollars uniform payment to all the
people who had been in the detention camps

667
00:53:42.320 --> 00:53:45.039
of World War Two. Those people
were still alive, right, you said,

668
00:53:45.079 --> 00:53:49.719
people who know who were still around, who had been in the camps,

669
00:53:49.760 --> 00:53:53.119
who were still alive, Unlike you
know, the last ex slave died

670
00:53:53.960 --> 00:53:57.960
eighty years ago, I think,
or something like that. Right, So,

671
00:53:58.480 --> 00:54:01.000
first of all, I don't think
the comparisons are exact. But you

672
00:54:01.119 --> 00:54:06.320
think al Sharpton is going to settle
for twenty thousand dollars even adjusted for inflation

673
00:54:06.400 --> 00:54:09.199
today, of course not. That's
why they're throwing around these figures like five

674
00:54:09.320 --> 00:54:15.519
million dollars plus ongoing annuities. So
you know, the only precedent that you

675
00:54:15.639 --> 00:54:20.760
have is pretty modest and pretty direct
to approximate harm that you can trace out

676
00:54:20.800 --> 00:54:28.000
to living people. I don't consider
that a precedent. I mean, it's

677
00:54:28.079 --> 00:54:31.760
in our cost. It's the only
one we don't at all. We don't

678
00:54:32.280 --> 00:54:37.199
the sins of our fathers. That
makes no sense. We have an entire

679
00:54:37.880 --> 00:54:44.119
legal injustice system built on the responsibility
of the individual, not on your father,

680
00:54:44.320 --> 00:54:47.000
not on your grandfather, not on
your great grandfather's great grandfather or whatever

681
00:54:47.079 --> 00:54:52.719
it might be. In either direction, I am not responsible for the sins

682
00:54:52.760 --> 00:54:54.960
of it. I don't get the
benefits of unless there's some sort of legal

683
00:54:55.119 --> 00:55:00.760
thing that handed down to me,
some sort of inheritance. Other than that

684
00:55:00.079 --> 00:55:04.239
what happened, of course, you
know, being an orphan like I am,

685
00:55:04.320 --> 00:55:07.159
I don't even know. Maybe I
maybe I am part ex slave.

686
00:55:07.280 --> 00:55:09.800
You know, my part of my
family grew up in Alabama and Georgia,

687
00:55:09.840 --> 00:55:14.679
so maybe they are. I don't
know, but it's certainly I mean,

688
00:55:14.719 --> 00:55:20.239
it's so stupid. It goes against
every basic tenet of our rule of law

689
00:55:20.599 --> 00:55:23.039
that we even consider something so ludicrous, like you say, if you want

690
00:55:23.079 --> 00:55:29.360
to talk about reparations for actual persons
who were actually in a concentration camp,

691
00:55:29.480 --> 00:55:34.039
my best friend's father in high school
was one of those. He was in

692
00:55:34.159 --> 00:55:39.480
Red Mountain, and he was very
active in a group in a Japanese group

693
00:55:39.599 --> 00:55:46.360
of former I guess concentration camp whatever
it was called detention camp people. But

694
00:55:46.719 --> 00:55:51.599
but it wasn't a we hate you, it wasn't we hate the United States.

695
00:55:51.639 --> 00:55:54.400
It was just kind of a support
group. I don't recall him ever

696
00:55:54.480 --> 00:55:59.079
looking for reparations or anything like that. He was a good American. He

697
00:56:00.039 --> 00:56:07.000
it's it's I can't even it's so
dumberant, I mean, unable of articulating

698
00:56:07.119 --> 00:56:13.760
anything. Sorry about my dogs,
anything even coherent. Sorry, it's the

699
00:56:13.880 --> 00:56:17.320
rare day, John, when you
get a subject so outrageous that it defies

700
00:56:17.480 --> 00:56:23.559
Lucretia's ranting out some of them like
I can sort of ground in an important

701
00:56:24.480 --> 00:56:30.199
something. This one's just stupid,
beyond all believes. Oh sorry, sorry,

702
00:56:30.280 --> 00:56:37.920
John, Here's no. No,
here's something that may prove more outrageous,

703
00:56:37.280 --> 00:56:42.039
maybe not more, but on a
different plane, different kind of outrageousness,

704
00:56:42.639 --> 00:56:46.199
but also taking place in California.
Sorry for that. And this is

705
00:56:46.320 --> 00:56:52.679
the bailout of Silicon Valley Bank,
So you may recall that at the end

706
00:56:52.719 --> 00:56:58.719
of last week, it turns out
that Silicon Valley Bank, which is a

707
00:56:58.840 --> 00:57:05.079
bank that really caters to its namesake, to the Silicon Valley community, could

708
00:57:05.199 --> 00:57:10.119
not cover its deposits. That depositors
were asking for their money back, which

709
00:57:10.199 --> 00:57:19.239
Silicon Valley Bank had unwisely loaned out
in the form of long term government securities

710
00:57:19.480 --> 00:57:24.000
at a time when interest rates are
rising, and so the FDIC usually guarantees

711
00:57:24.119 --> 00:57:30.400
accounts up to two hundred and fifty
thousand dollars, But in this case,

712
00:57:30.559 --> 00:57:38.880
the government, the Biden administration,
decided to ensure everybody's accounts in any amount,

713
00:57:39.719 --> 00:57:45.559
which has the effect, it seems
to me, of transferring money from

714
00:57:45.719 --> 00:57:52.480
the average taxpayer to the wealthy,
to those who can have an account with

715
00:57:52.599 --> 00:57:55.679
more than two hundred and fifty thousand
dollars in cash just sitting around. So,

716
00:57:57.239 --> 00:58:00.079
John, Lucretia, Lucretia, what
do you think of this? You

717
00:58:00.119 --> 00:58:06.000
think I'm going to jump to my
usual end and I'm going to read you

718
00:58:06.199 --> 00:58:13.000
two Babylon Bee headlines. The first
one, Bay Bank leads hard lesson that

719
00:58:13.119 --> 00:58:16.440
if they invest their money irresponsibly,
the government will bail them out. And

720
00:58:16.599 --> 00:58:20.079
you can just think that one through. And then the other one is because

721
00:58:20.119 --> 00:58:22.320
you kind of made two main points
there, and these support both of them.

722
00:58:22.840 --> 00:58:27.880
Man struggling to feed family, just
glad he could help out bank.

723
00:58:30.480 --> 00:58:34.480
There was another one, by the
way, Lucretia from the Bee saying Biden

724
00:58:34.559 --> 00:58:37.920
promised us to tax billionaires on relief
he just gave to billionaires. I think

725
00:58:37.960 --> 00:58:42.960
that's ow I mean, I think
the first one, in some ways,

726
00:58:43.000 --> 00:58:45.880
the first one is much much more
of a problem than the second one,

727
00:58:46.239 --> 00:58:50.000
the first one being that the Bay
you know, banks learned the hard lesson

728
00:58:50.079 --> 00:58:52.159
that if they invest their money irresponsibly, the government will bail them out.

729
00:58:52.280 --> 00:58:57.920
That's really the point. And you
know, gosh, if I'm the person

730
00:58:58.000 --> 00:59:01.519
who's got a couple thousand dollars in
my savings account and my checking account runs

731
00:59:01.559 --> 00:59:07.679
three to four hundred dollars, if
I'm lucky surplus after I've paid my bills,

732
00:59:07.679 --> 00:59:12.119
okay, I don't bank shop.
I don't move my money around.

733
00:59:12.239 --> 00:59:15.159
I don't make sure it's in a
secure because it doesn't really matter. You

734
00:59:15.280 --> 00:59:21.559
know, the last Babylon bie man
survives bank failure crisis by not having any

735
00:59:21.599 --> 00:59:27.480
money in the first place. If
you if you are investing millions, and

736
00:59:27.679 --> 00:59:32.440
you know that the FDIC insurance limit
is two hundred and fifty, it is

737
00:59:32.519 --> 00:59:37.679
your responsibility to make sure that your
money is safe. You do not need

738
00:59:37.760 --> 00:59:42.519
to put it all in Silicon Valley
Bank or anywhere else. I'm sorry,

739
00:59:43.000 --> 00:59:50.880
I it's and the idea that we
should be bailing out any bank is crazy

740
00:59:50.960 --> 00:59:52.039
to me. I thought it was
wrong in two thousand and eight. People,

741
00:59:52.239 --> 00:59:54.639
Oh well, we did it in
two thousand and eight, the circumstances

742
00:59:54.719 --> 00:59:58.039
were different, but I don't think
we should ever do that. We have

743
00:59:58.159 --> 01:00:02.639
an FDIC. We we will secure
your deposits up to two hundred and fifty

744
01:00:02.679 --> 01:00:06.760
thousand dollars, just like we say. And if you happen to have invested

745
01:00:06.840 --> 01:00:10.039
more, sorry, wait and see
what happens. Maybe you'll get some of

746
01:00:10.119 --> 01:00:14.360
your money back. Maybe you'll learn
next time, and maybe you'll fire the

747
01:00:14.559 --> 01:00:17.360
woke, stupid idiots who were in
charge of that bank in the first place,

748
01:00:17.400 --> 01:00:20.960
and you won't put your money back
there. That's what I think.

749
01:00:21.880 --> 01:00:24.599
Yeah, so, oh, boy, Steve, before he starts, not

750
01:00:24.719 --> 01:00:30.639
about Steve hold on, let me
just alf so throw in the criticisms or

751
01:00:31.599 --> 01:00:37.679
complaints that maybe this was also due
to the fact that this occurred in Silicon

752
01:00:37.840 --> 01:00:43.559
Valley in California, where there's been
a lot of political support for the Biden

753
01:00:43.599 --> 01:00:50.239
administration and the Democratic Party. And
would this have happened had it been the

754
01:00:50.400 --> 01:00:55.320
Bank of right, the Bank of
mar Ilago, Florida, or the Bank

755
01:00:55.400 --> 01:01:00.920
of Iowa. Yeah, that's right. If it had been this had been

756
01:01:00.239 --> 01:01:05.119
uh, you know, the Boulder
Valley Bank in Colorado still be just as

757
01:01:05.159 --> 01:01:07.079
woke and all the rest of that. But but Silicon Valley Bank was the

758
01:01:07.119 --> 01:01:12.800
bank of the tech bros. And
everybody across the political spectrum hate Silicon Valley

759
01:01:12.840 --> 01:01:19.239
these days, mostly for good reasons. Uh so for those taking big contributions

760
01:01:19.320 --> 01:01:21.840
from them. But anyway, well, right now, so, I mean,

761
01:01:21.920 --> 01:01:23.840
so this is an amazing thing.
So realize it's three or four point

762
01:01:23.920 --> 01:01:29.239
quick points. Realize that they say, oh, this is a one time

763
01:01:29.320 --> 01:01:31.079
only thing. Well, who believes
that? We should be precise by the

764
01:01:31.119 --> 01:01:34.960
way, lucretion, We're not bailing
out the bank. We're bailing out the

765
01:01:35.079 --> 01:01:38.840
depositors. Yeah, that's what they
meant. Well, okay, but that's

766
01:01:38.960 --> 01:01:43.480
different than bailing out the bank itself. Well, but but if you're going,

767
01:01:43.719 --> 01:01:46.800
here's the point, you bail out
the depositors up to two hundred and

768
01:01:46.880 --> 01:01:52.159
fifty thousand dollars each, right,
that's bailing out the depositors. If you

769
01:01:52.239 --> 01:01:57.239
bail out more than that, I
don't even know how that's legal. How

770
01:01:57.400 --> 01:02:02.239
is that legal? Steve Wells,
there's an exception for I'm told this by

771
01:02:02.559 --> 01:02:06.639
and including by people I think are
pretty serious about it. Although the Wall

772
01:02:06.639 --> 01:02:12.880
Street Journal casts down on this that
there's a there's an exception for something that

773
01:02:13.039 --> 01:02:15.239
poses a systemic risk to the banking
system, and that's what they're hanging their

774
01:02:15.239 --> 01:02:21.000
hat on. Could this be a
legal challenge that raises the major questions doctrine?

775
01:02:21.039 --> 01:02:23.400
I don't know. But by the
way, I'm just saying passing fd

776
01:02:23.519 --> 01:02:32.039
I see that great comedian JP Sears
calls the fdic F dick, which I'm

777
01:02:32.079 --> 01:02:37.400
gonna go with thee. Let me
ask you guys. You guys are rich

778
01:02:37.519 --> 01:02:45.000
guys. Ever listen, listen to
the woman who buys crates of Italian right,

779
01:02:45.760 --> 01:02:51.760
have you ever moved money because you
had too much in a single deposit?

780
01:02:52.679 --> 01:02:58.519
Uh? No, but I wish
I could have? Ye, John,

781
01:02:58.599 --> 01:03:01.000
You're lying. I wish I had
to worry about that. Seriously,

782
01:03:01.440 --> 01:03:06.880
I mean, isn't that what responsible
people do? Well? Look, I

783
01:03:06.960 --> 01:03:08.559
mean one of the things to be
said is, so, you know one

784
01:03:08.639 --> 01:03:14.000
of the companies that had well,
Roku, you know, the Roku gaming

785
01:03:14.119 --> 01:03:17.679
or whatever that platform is. They
had something like five hundred million dollars streaming

786
01:03:19.000 --> 01:03:22.360
TV stream Yeah, streaming TV.
But okay, they had five people that

787
01:03:22.480 --> 01:03:27.920
are accountants who are trained to understand
the stupid banking system. Why would they

788
01:03:28.000 --> 01:03:30.639
do something so stupid? Well,
it wasn't there. I mean they didn't

789
01:03:30.639 --> 01:03:34.760
have all their money there. They
had like twenty five percent of their working

790
01:03:34.840 --> 01:03:37.119
capital, So that means that two
billion. They had five hundred million dollars

791
01:03:37.239 --> 01:03:40.800
with the Silicon Valley Bank. Here's
the point let me finish this, which

792
01:03:40.920 --> 01:03:45.360
is, if you say to them, okay, we're not guaranteeing your deposit

793
01:03:45.559 --> 01:03:49.639
under over two hundred and fifty thousand
dollars, Silicon Valley Bank is insalved.

794
01:03:49.719 --> 01:03:52.880
They can't meet the demand for cash, but they still have about two hundred

795
01:03:52.880 --> 01:03:55.920
billion dollars in assets. Maybe the
mark to market value is now only one

796
01:03:57.039 --> 01:03:59.880
hundred and fifty billion. The point
is, if you had worked this out

797
01:04:00.119 --> 01:04:04.079
like we'd always worked out every other
bank that failed and had depositors over the

798
01:04:04.239 --> 01:04:10.000
limit, they probably would have gotten
back three hundred million dollars. They weren't

799
01:04:10.000 --> 01:04:13.639
going to be wiped out because there
were still assets at the bank. And

800
01:04:13.760 --> 01:04:16.119
by the way, the fact that
those assets fell here's the problem. They

801
01:04:16.400 --> 01:04:19.639
cut to the bottom line here,
which is what's really bothering me about how

802
01:04:19.719 --> 01:04:24.920
this is unfolding. Is they say, oh, regulatory failure, the San

803
01:04:24.920 --> 01:04:31.079
Francisco fad Trump loosen regulatory oversight and
all kinds of red herrings. The point

804
01:04:31.199 --> 01:04:34.840
is is we're going to get out
of this is calls from in Congress to

805
01:04:35.039 --> 01:04:39.800
have even more strict regulation of banks. I'll bet we're going to get that,

806
01:04:40.079 --> 01:04:44.440
because realize what we've now done is
we've now nationalized something like seventeen trillion

807
01:04:44.480 --> 01:04:48.440
dollars in bank deposits, which is
ridiculous. And so to avoid the catastrophe

808
01:04:48.559 --> 01:04:54.440
that might have attached to taxpayers,
this bit about FDAC as an insurance fund

809
01:04:54.559 --> 01:04:58.639
is a fiction, of course,
is going to mean that even more so,

810
01:04:58.719 --> 01:05:01.239
we're gonna get Dodd Frank on steroids. We're going to get even more

811
01:05:01.320 --> 01:05:05.960
regulation of banks, and what will
come with that is walk guidelines on how

812
01:05:06.039 --> 01:05:10.280
they should make loans. And you
know it's going to get worse. The

813
01:05:10.360 --> 01:05:13.440
next banks are going to be ten
times worse than Silicon Valley Bank in their

814
01:05:13.480 --> 01:05:17.159
walkyrie and the way they politicize their
loans. And that's going to be how

815
01:05:17.239 --> 01:05:20.280
this all ends up, I'm afraid. So it's a total disaster all the

816
01:05:20.280 --> 01:05:26.039
way around. One point to make
about what Steve says, and this was

817
01:05:26.159 --> 01:05:30.480
a point I did not see what
Richard Epstein brought it to my attention was

818
01:05:30.599 --> 01:05:33.480
that if you look at the board
if Silicon Valley Bank, only one of

819
01:05:33.559 --> 01:05:39.960
them was a banker. The rest
of them seemed determined to pursue diversity,

820
01:05:40.039 --> 01:05:45.360
equity and inclusion initiatives and spend quite
a bit of time trumpeting the support of

821
01:05:45.400 --> 01:05:48.639
the bank for a diversity, global
warming efforts and so on, but not

822
01:05:48.800 --> 01:05:56.039
investing the bank's assets widely. So
now I just wanted to say before I

823
01:05:57.119 --> 01:06:00.920
close us out, I just as
a personal disclosure, I bank at an

824
01:06:00.960 --> 01:06:04.960
owned stock in the main competitor,
Silicon Valley Bank, which is called First

825
01:06:05.039 --> 01:06:10.159
Republic Bank, a bank I really
like, although their stock price has been

826
01:06:10.239 --> 01:06:14.440
diving too, But I just thought
I had disclose that. So I don't

827
01:06:14.480 --> 01:06:17.920
think it has any effect on criticizing
Silicon Valley Bank and the ineptitude of its

828
01:06:17.960 --> 01:06:21.719
management, but I thought we should
make that disclosure. Lucuisia, do you

829
01:06:21.760 --> 01:06:28.079
want to add anything about Silicon Valley
Bank before we biden assure as Americans their

830
01:06:28.119 --> 01:06:39.159
bank deposits are safe in Ukraine.
I have nothing more to say. You

831
01:06:39.239 --> 01:06:43.199
know me, I'm not an economist, but it seems to me that this

832
01:06:43.480 --> 01:06:46.599
is a really simple thing and we
shouldn't be bailing it. We should be

833
01:06:47.880 --> 01:06:55.280
whatever was Steve said, that probably
all makes sense. I just one of

834
01:06:55.320 --> 01:06:58.760
our friends, Steve yo Recall said, it makes perfect sense to me.

835
01:06:59.000 --> 01:07:01.840
These are the people that's reported Biden, and so he has to bail them

836
01:07:01.880 --> 01:07:05.280
out. He has no choice.
Sorry, I don't see it that way.

837
01:07:05.360 --> 01:07:10.000
Whatever happened to people have to do
the right thing because it's the right

838
01:07:10.079 --> 01:07:13.239
thing to do. That's going to
be my new mantra. And we can

839
01:07:13.320 --> 01:07:15.320
debate about what the right thing to
do, but nobody on earth can say

840
01:07:15.760 --> 01:07:21.360
it's the right thing to do for
Biden to take millions and millions, hundreds

841
01:07:21.400 --> 01:07:27.559
of millions of dollars and give it
back to rich people who are too stupid

842
01:07:27.599 --> 01:07:30.559
to manage their money wisely. I'm
sorry, that's just my thought on the

843
01:07:30.679 --> 01:07:34.599
matter. Okay, Well, this
is this follow up on the Creatius point,

844
01:07:34.679 --> 01:07:41.280
bringing it to a close. This
is another example of the progressives who

845
01:07:41.320 --> 01:07:45.519
allegedly care about the poor bailing out
the rich again, just like the student

846
01:07:45.599 --> 01:07:49.719
loan program that they're trying to put
an effect, which is actually transferring wealth

847
01:07:49.840 --> 01:07:55.519
like this does from the poor and
average American to the upper middle class and

848
01:07:55.679 --> 01:08:01.480
rich Americans. That doesn't make sense. Okay, let me bring this episode

849
01:08:01.519 --> 01:08:09.599
to close. We're about at the
hour mark, and as always, always

850
01:08:09.679 --> 01:08:14.079
drink your whiskey. Neat, let's
go. Brandon and I have to say

851
01:08:14.159 --> 01:08:17.560
I don't have a commonism unfortunately,
and this is this quote is going to

852
01:08:17.680 --> 01:08:25.920
drive Lucretia bonkers. I have a
unfunny but funny quote from our vice president.

853
01:08:26.439 --> 01:08:30.039
So our vice president saw fit to
go on to a late night take

854
01:08:30.279 --> 01:08:39.239
talk show to criticize Rod de Santis's
recent comments about supporting Ukraine during the war

855
01:08:39.319 --> 01:08:44.600
with Russia as not being a vital
national security interest. The vice President said,

856
01:08:45.079 --> 01:08:47.479
if you really understand the issues,
you probably would not make statements like

857
01:08:47.640 --> 01:08:54.039
that. And the reason why,
according to the vice President, is when

858
01:08:54.079 --> 01:08:58.840
you have that experience, you understand
the need to stand And here's the quote,

859
01:08:59.079 --> 01:09:03.880
firm and clear about the significance of
sovereignty and territorial integrity, the significance

860
01:09:03.920 --> 01:09:08.840
of standing firm against any nation that
would try to take by force another nation.

861
01:09:10.159 --> 01:09:13.039
I thought she was talking about the
southern border, but I was wrong.

862
01:09:13.119 --> 01:09:17.720
She was talking about I have one
for you back. Stephen. Colbert

863
01:09:18.000 --> 01:09:21.239
finally gets someone to laugh at his
show, and of course it was Kamala

864
01:09:21.399 --> 01:09:31.520
cackling God. The creation steam has
always It's been a pleasure and I can't

865
01:09:31.560 --> 01:09:35.119
wait to talk with you guys next
Friday. How fun in Florida. Go

866
01:09:35.319 --> 01:09:46.600
get a tan damn to Flolorida.
Welcome you to the Sunshine State. They're

867
01:09:46.680 --> 01:10:00.239
kicking back and soaking up every day
Florida. I'm in Florida. The sun

868
01:10:00.399 --> 01:10:11.560
is setting over Temple Day. It's
like a Caribbean Holliday in everything Florida.

869
01:10:15.159 --> 01:10:20.359
We got checked down on South Beach, the Dolphins, to springtime for the

870
01:10:20.560 --> 01:10:28.159
Yankees, and the Dodger blue golf
courses, beaches. It's easy to spite

871
01:10:28.279 --> 01:10:33.399
them. You like legated Ricochet.
Join the conversation.

