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Well, Whiskey Coming Fame by Paine
my Brain, Oh Don't let Me Go

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from Powerline blog dot com and produced
by Ricochet dot Com. This is the

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three Whiskey Happy Hour with your bartenders
Steve Hayward, John You and Powerlines International

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Woman of Mystery Lucresha. You gotta
give me and let that whiskey blow where

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you've been in love down in low? Well? Was this the week that

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Joe Biden finally face planet such that
he's not going to get back up again?

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And why is the Supreme Court continuing
to disappoint us and keep us waiting

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on all the big stuff that we've
been waiting for all year? Well,

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the three Whiskey Happy Hour is going
to take it on right now with Lucresha,

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the International Woman of Mystery. Hi, Lucresha, how are you with

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Steve and with John You? Who's
working on what is it? Angels Envy

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whiskey or angels Envy? Yep?
Because I've been drinking the same bourbons too

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much, I try to set.
I decided to get a new one,

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so I got a leader and a
half bottle of Costco angels Envy Kentucky straight

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Bourbon whiskey finished in port wine barrels
forty three point three alcohol. Oh,

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the listener when recommended that to me. Honestly, John, it's very nice.

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Yeah. Often you see, like
when you go to a nice bar

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restaurant, this is usually one of
the more higher end bourbons available. It's

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not like a rare one or anything, but does taste awfully good. Yeah,

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I have to enjoy that by Steve. Yeah, see, that's just

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it. I'm on the road and
so sadly I am drinking water tonight,

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which is really lame. But is
it tap water from your room? Yes?

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But hey, this way, you
don't have a mini bar. There's

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no mini bar in there. You
know, I'm any bar. I haven't

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even checked y out. I should, that's uh. They're like at me.

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All right, let's get down to
business, though, Lucia, what's

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lucreastia trouble right point? And it's
oh, looks like the same thing.

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You're drinking water too, Because it's
okay, it's late, and I,

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like John, I'm not a night
person, so I didn't want to put

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myself to sleep. I already had
four glasses before earlier. But oh okay,

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well then yeah, then you're ready
to go, right, I'm ready

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to go. I'm not going to
disappoint tonight. Don't you worry? Well,

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when do you ever? So?
Look, this is uh. Normally

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I don't much like to spend time
talking on to the immediate news. That's

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what you know, the McLachlin group
and all those silly old shows are for.

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But this was a strange week.
It seems to me. The week

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began with everyone thinking Donald Trump is
on the ropes, boy is he in

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a heap of trouble? And then
came the news what was a Tuesday or

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Wednesday that Hunter Biden got the sweetheart
plea deal with you know, probation and

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a fine, and he showed up
at the White House state dinner for Prime

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Minister Modi from India. I want
to come back at that point because I

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think that's actually significant. But then
by the end of the week, when

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Moore was coming out about some real
sounds like smoking guns about Biden corruption and

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Hunter Biden, they've got the what's
apt message of Hunter Biden shaking down some

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Chinese businessman in the most crude way, saying I'm sitting here with my you

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know, my father and you know
where's the money, And it came out

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late on Friday that in fact,
the money was delivered days later, you

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know, five million dollars rather than
them. So and the media is starting

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to beat on the White House spokespeople
about this more than just the Fox newspeople

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of Newsmax. And I think they
smell blood in the water. And so

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I'll come back to all that.
But by the end of the week,

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Kirby ran off the stage rather than
yeah, that's right, Kirby ran away,

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and U and Jean Pierre, the
bloodhead doesn't have to she's just so.

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She's so dumb she can say anything
and they just accept it. Well,

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I've noticed that, you know,
she has an odd sentence structure.

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This or run on sentences that she
does that are now all the same.

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But never mind that. But by
the end of the week, the point

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is is, I didn't look like
he was in some trouble, and all

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of a sudden the fortunes seemed to
be reversed. So I'm going on too

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long, look like he was in
some trouble, but now it seems the

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fortune right exactly. Okay, Now
I said a note to both of you

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that you know, I'm so old. I remember when Watergate turned because you

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know, throughout the fall of seventy
two, in the early months of seventy

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three, the Democrats were holding hearings
on Capitol Hill. They're making a big

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fuss about Watergate, and the media
said not much to it. You know,

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there's these burglars, they're gonna get
sentenced. Then they were sentenced,

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and then I think it was James
McCord wrote the famous letter that got released

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to Judge Serrica saying there's so much
more to this, and we've been paid

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hush money, and the whole thing
suddenly blew up, and I'm starting to

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think that that's what's just happened here, or is about to happen. And

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one little thing to remember is one
of the things about Watergate that people forget

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now is who's the movie about.
Right, Woodward and Bernstein. Who are

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those two guys. They were metro
reporters. They were this is why Bob

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Woodward was at the courthouse. They
were covering DC City news. It wasn't

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any national political reporter or White House
reporter who broke any of the important Watergate

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stories. It was these two city
reporters. And by the way, Bernstein

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was about to be fired because he
wasn't really any good, which all his

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subsequent books showed right exactly. And
the point is is that the rest of

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the past press corps, a lot
of them, they were already already bad

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and already hated Nixon, but they
felt like they'd been had and they got

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so surly and I think, let's
continue to get worse ever since. And

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so that's one part of the story
is the media suddenly became a feeding frenzy.

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And although Woodward and Bernstein had the
lead on all that, and you

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know, the New York Times broke
one or two stories, but it was

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these two city reporters. Well what
does that tell you, if you're a

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national political reporter or a White House
reporter, that these two young, unknown

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city guys, people in the city
desk are the ones who beat you to

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the biggest story in journalism in fifty
years. Well they were mad about that.

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So I don't know. I'm um, last thing I'll say, I'm

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not following you, just so you
know, Steve, go ahead, what

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well you're not following me? Following
the point? Who are the metro city

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reporters? And and how is the
White House good today and Biden. Well,

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no, I mean I think that
it was press corp. It was

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around March or April seventy three,
even the National Press Corps said hey,

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we've been had here, there's this, this is a big story. And

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they you know, they were you
know, they were already hated Nixon,

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but then they really did. And
yeah, but they don't hate Biden,

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and they they will protect Biden at
all costs. And they've been shown over

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and over and over and over again
how corrupt the the Biden White House was

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before. Yeah. Well look,
well we'll see about that. I mean,

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remember the Clinton scandal in ninety eight
and ninety nine, you know,

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the blue dress and all the rest
of that. When there's a good story,

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when there's blood in the water,
journalists, some journalists will set asideer

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ideology and go after the good story. I think that's true even with liberal

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reporters. M But then the other
thing, Cresia, I'm gonna are on

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this, but for a different reason, which is I think that the popular

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culture has mythologized the importance of Woodward
and Bernstein and put him down Mixon and

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made it seem like it was the
media that brought him down. Of course

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the media is going to think that. And they made a movie. I

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thought it was pretty good movie,
and you know, Woodward wrote these books.

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But the thing they had that I
don't think we have here yet is

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you had a criminal trial with a
judge, John Judge Sirca, right.

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The seems was like maybe either in
public or in private, was releasing details

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of the investigation into Watergate while it
was going on. What you're not supposed

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to do, but that drove this
story. And then you had hearings in

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Congress, which we don't have right
now, which also right, both of

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those events kind of officially drawing to
good hearings. There's something give it time,

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I think. I mean that maybe
these impeachment hearings that where you might

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talk about might be the ones.
I don't think the hearings we've had so

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far the trick yet, because they
don't seem to have the Oh if they're

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not putting enough resources and time into
it, or they do more, they

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should be doing more, or or
if Steve's theory about the media will finally

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pick up on it is completely wrong
because they're just not willing to pick up

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on it, and they're not willing
to do anything that might infect endanger.

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I don't think they have any love, especially for Biden, but they're just

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so afraid of the possibility that Trump
might get back in there that that you

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know, they'll they'll protect Biden and
Hunter at all Trump. They want Trump

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to run, though, because he's
so good for business. I think I

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do think that's true of some of
them, But it's certainly not true of

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those White House reporters and those people
who have you know, who make it

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their business to protect the left democratic
politicians at all costs. I don't think

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it's true of them. I just
and I don't see what Steve is saying

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very often happening lately. Maybe maybe
I will, I will acknowledge that there's

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a possibility it's moving in that direction. But I only heard about the press

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conference today. I heard about it. I didn't see it. I heard

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about it reported, and I didn't
hear anybody but Fox News reporters actually trying

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to press mop Head for answers.
So you could be right, and I

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just don't know about it, but
I'm not seeing a lot of evidence of

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that. I am still seeing the
New York Times, the Washington Post,

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even The Wall Street Journal is not
highlighting any of this stuff. Yeah.

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Well, my point it's just that
I don't I don't think it can be

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media driven to you know, OUs
to president or to do them serious harm

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or her serious arm. It's got
to be some kind of governmental power with

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the ability to force witnesses to answer
questions and not lie, to have to

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bring them to prosecute somebody first,
Yes, exactly, I don't know.

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I mean, I was shocked when
I saw Hunter Biden show up. Let's

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move on this way. Hunter Biden
shows up at the state dinner for Prime

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Minister Modi. Biden hasn't had a
lot of state dinners because he falls to

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sleep at seven thirty in the evening. I think most of the time.

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You know, almost all presidents have
had someone in her family, often a

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child or a sibling, who has
tried to capitalize on brother or brother.

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Billy Carter right, Roger Clinton right, got singing gigs in and you know,

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presidents have often worried about this,
and he always usually had somebody tasked

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with lookout for the kids, look
out for my brother, or find out

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what they're doing, trying to keep
them out of trouble, try to keep

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them from embarrassing me. So that
was the care or they they screwed up

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because they could have just pulled a
Kennedy and made them attorney general in charge

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of law enforcement. Right. But
by the way, that's what Joe Biden

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went wrong. He should have made
Hunter Biding an attorney general. Right.

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Well, but I mean, you
know, it's uh, you know,

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Ronald Reagan was always worried about his
adopted son, Michael Reagan, trying to

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trade on his business. Yeah,
that's right. And you know when they

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remember the daughter, right, well, of course she was just out for

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grandstanding and it was a political embarrassing. It was a ballet dancer. That

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was his son, Ron junior,
right, yeah, yeah, and he

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was fine. It was the other
two. Yeah, that's why I meant

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the son, right, Ron Reagan
Junior. Yeah, right. And but

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they were mostly political challenges, not
ethical ones. There is, by the

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way, still oft in the mists
a Donald Nixon link to the whole Watergate

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story that I want to go into
now, possibly right. So, but

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the point is, I don't think
that any of those presidents would have had

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one of their ethically challenged offspring to
a White House, state dinner. I

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mean, they're throwing it in our
face. Yeah, except that that they've

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also got Again, My point is, how many articles did you see saying

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it's time to lay off poor,
poor suffering Hunter Biden and all. There's

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all of these articles out there trying
to create sympathy for Biden's sympathy for Hunt

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and making it look like anybody going
after him is just a horrible, mean

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person, because don't you know,
we've all had children that were challenges and

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it's just crap. But those against
what you're saying, Steve, is the

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problem. I guess. I guess
I lead a charmed life only reading the

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New York Post in the Daily Mail. Is they're not running those kind of

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articles. Oh no, yeah,
you should read the Times, in the

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Journal and the Post. They're full
of really we lay off full stories like

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what do parents do when they have
children like Hunter? How do they show

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support? I'm like, I'm a
lucre. I almost wretched when I read

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that article. Ah, I sold
them five of them, all right.

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But then the other thing is I
woke up what Thursday morning and read or

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maybe Wednesday afternoon, I don't know, and read that the House had voted

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to impeach the president. And I
wait a minute. You know, Margie

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Marjorie Taylor Green had introduced the resolution
as a privileged motion, meaning it had

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to be voted on by the full
House, and I thought, well,

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she's gonna get sixty votes or something, and this is kind of a stunt.

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But in fact they've voted by a
majority of the whole house. Now

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they didn't. It's not actually,
I misspoke slightly. It's not actually impeachment

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now going to a Senate trial.
It's referring a question of impeachment to a

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judiciary committee and one other committee.
And that's the way impeachment should be done,

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right and the way they've always been
done in the past except for Trump.

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Um, So you know, that's
an end of three or something.

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Frankly, Steve, I had never
I had not heard that. Now.

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It's been a busy week. But
when I tried to look it up,

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I couldn't find it. It took
me a good twenty minutes of reaching to

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find anything about that story. Really, I wonder how I saw it.

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I get I get constant New York
Post emails. I must get fifty or

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sixty of them a day. Nothing, nothing from the New York Post on

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it. Nothing. Yeah, well, I mean I think they're impeaching.

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Well, it'd be great if you
could center I got, but not the

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Yeah, I think they're impeaching the
wrong person. I think mayorcus is now

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should be impeached. We'll turn to
that in a moment too. But well,

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I don't know, you know,
we'll see if that goes anywhere.

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Um, the impeachment hearings could turn
into the hearings about the corruption of the

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Biden family. We'll just have to
see. I was going to say,

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one thing you could have impeachment on
that doesn't have to do with the bribery

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is just the what's the blowers that
testified yesterday and today about pressure being brought

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on the Justice Department not to fully
investigate by I mean that's for and after

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the election. Yeah, yeah,
it's it's this conduct of Biden as president.

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That's not you're not impeaching him for. It's not clear to me you

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could impeach someone for taking a bribe
before you were a president, right,

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because you're not president yet. But
yeah, I don't think that's the best

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grounds. It's if you're an investigate, but obstruction of utilizing the levers of

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government to prevent that an investigation,
prosecution from occurring, and and utilizing them

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further to cover that up and prevent
the story about it from um being in

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any way sort of broadcast, you
know, working on social media and everyone

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else to keep the story from from
getting out there. That seems to me

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quite clearly to be impeachable conduct.
Right, Yeah, you're right, take

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a bribe when you're president. That
was under a that was on Obama's watch,

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and he should be held accountable.
But we can't hold him accountable anymore

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either. He obviously knew that was
going on, but the fact that he

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did those things was a political fact
that should have been allowed to be discussed

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prior to the election, because well, you know, if you believe the

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polls, if people had known about
the Hunter Hunter Biden laptop, if they'd

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known more about to Biden, the
what's is Joe Biden's corruption in with parisma

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with China, etc. Etc.
They wouldn't have voted for him because the

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whole thing is he's a good moderate
guy, nice guy, blah blah blah,

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human being. That's beside the point. Well, you know, I

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mean, I want to move on
I will say that one avenue investigation might

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be to explore the rumors, which
is to say, is there any paperwork?

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Are there people from the White House
Council's Office under Obama who can testify

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to their worries expressed that Biden was
cutting corners ethically when he was vice president.

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There's no stories about this for for
years, going back to the Obama

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years, and someone should ask about
that. See if there any documents,

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I don't know, have to pride
them out of the Obama well presidential library,

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I suppose, and that will be
difficult, but still they're probably hidden

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in clinton sock roar by this point, I don't know you know that story.

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H All right, let's turn to
the court because that's what prompts my

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idea that we need to impeach Marc, I said Homeland Security. So don

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John, we keep waiting for the
big cases and they keep They're all going

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to come next week and it's going
to be flood the zone. It's going

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to be horrible to do a special
issue issue. Maybe at the Court is

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not running along the three whiskey happy
hour schedule. I don't know what the

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hell is wrong with those guys.
I thought they were listening. I know

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we have a lot of listeners in
the federal and state judiciaries. I was

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hoping one or two of them were
on the Supreme Court and they knew we

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were taping tonight, expecting they were
going to announce some of the things and

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one thing. Yeah. So one
of the things that happened was they just

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we were all talking about this,
they just added another opinion announcement date for

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next Tuesday, So there's two more
days that Before that happened, it was

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reasonable soon we'll be talking about the
student loan case and the wedding planner case

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tonight and maybe the Harvard case on
Monday. But now your rights seems all

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going to be next week and more
of the West Virginia is this term also,

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right, that's the one about more
of us Harper, more of us

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the North Carolina. A lot of
people expect that one to be kicked out

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on And this goes to something we're
talking to talk about about things like standing

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ripeness and mooteness that the court may
well decide they can't hear that case anymore.

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You have a little bit of context, John, Yeah, so uh,

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you know Lucretia before, but people
might not remember Lucretia's anxious because the

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one case to discuss, the one
case today that is interesting is called US

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versus Texas. Right, Well,
I meant the more case. You guys

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mentioned the more case. Yeah,
oh, well, the more cases about

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what's called the independent state legislature theory. And this is a case about in

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North Carolina, the state legislature,
as it says, under the constitution,

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drew the congressional maps, and then
the North Carolina Supreme Court overruled the legislature

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threw their map out, and so
the North Carolina legislature says, well,

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the Constitution says the state legislature,
right does every regulates a time, place,

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and manners of elections. There's there's
no right of any other branch of

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government to overrule us. So the
reason people are in a tizzy about that

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case is not just its redistricting,
but a parallel provision says the state legislatures

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also decide how you pick presidential electors. And so that was the theory that

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our friend John Eastman proposed to President
Trump, which was well, it says

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in the Constitution the state legislatures picked
the electors. So the more versus Harper

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case has obvious implications about the twenty
twenty and maybe the twenty twenty four elections

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too. Yeah. Right, so
we'll see if they is your prediction that

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they will decide or the predictions you
are mentioning that they will decide. It's

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a nonjiciable issue because of the there's
been a new election in North Carolina and

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some of the justices on the North
Carolina Supreme Court have changed and they just

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overrule themselves. And so they said, no, no, your map,

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your legislature, legislature, your map
is okay now, and so that's right,

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might be yeah, because no,
no, just because the Supreme Court.

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The way you think of mootness is
no matter what the Supreme Court does,

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it wouldn't change the outcome of the
case that was ross waiting. It

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didn't stop them. So there's an
exception for pregnancy. It actually is,

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it's not called the pregnancy exception,
but there's an exception for things like pregnancy,

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because they say inevitably, every nine
months the case will become moot.

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So it's so, and you'll like, this is the name of the doptrine

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is called the exception to mootness is
called repetition yet evading review. So the

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idea was you could be continuously getting
pregnant, having a kid and never come

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up for review. Because I mean, well that's why the case in nine

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months. Well that's why the Harvard
admissions case comes. I mean, it's

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a case brought nine years ago.
And by now the original plaintiffs have finished

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law school and right, okay,
well let's talk to them about Texas.

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Well, yeah, let me let
me explain the Texas case because I don't

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want to give a lecture or anything. So, but there's a there's a

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lucretia mentioned non just dishability. So
there's this idea that the court federal courts

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apply, which is we will not
hear a case unless it has a standing

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and it's not moot and it's ripe. So this case Texas, which is

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a case by Texas against the Biden
administration for what Texas claims is reducing the

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enforcement of the immigration laws along the
border. And so Texas essentially said,

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we want the court to order the
Biden administration to increase enforcement of the immigration

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laws along the border because they should, and nobody disputes us because the costs

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to Texas in terms of higher healthcare
in terms of higher crime has gone up.

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Texas has been injured in fact,
is the phrase. And so we

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should be Texas as. We should
be able to go to court and sue.

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Maybe we'll lose on the merits or
not, but at least we have

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the right to come into court.
That's what standing is about. So the

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court here, this is actually I
really dislike this opinion. I started thinking

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I was really gonna like it because
I have I'm not sure Texas, like

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states should have the right to sue
the United States on things like this.

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But I think Kavna got it very
very wrong, like really badly wrong.

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And this is one of the times
when I think uh Alito has things right.

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And even though he's dissenting all by
himself, none of the other conservatives

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went with him. Thomas went with
Kamina on this well, so Horsh Thomas

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and Amy Coney Barrett went off on
a different ground. They also thought there

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was no standing, but for a
different reason. Okay, so there is

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really and I'm I'm only and I'm
not saying this because I only recently discovered

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because it's on the second to last
page that I was cited in the alito

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descent eleven. Yeah, I mean
totally misines. But like in the weeds

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of Theotno eleven, I've got it
right in front of me. I've sited

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there. Well, I'm then go
back and excited. But let me let

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me explain that. Let me explain
what Kavanaugh said. So, um,

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the three components of standing are we
call injury in fact, which means you

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suffer some harm. So everyone says
Texas suffer to harm. They have to

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they have higher you know, healthcare
costs, higher crime costs. It has

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to be traceable, uh, which
means it has to the conduct of the

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defendant. Here, the government can
be traced to your harm. It's like

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causation, what the government did cause
your harm. The third ground is called

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redressability, which means and the court
can order something that to cure your harm,

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to stop the government's action and cure
your harm. Cavanaugh kind of makes

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up a fourth reason which is not
in standing doctrine, which is, well,

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is this legally cognizable? This is
his phrase, is a legally cognizable

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harm. That's actually not part of
standing doctrine. It just doesn't really make

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any sense exactly. It's circular because
it's a legally cognizable harm if the court

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says it's legally cognizable. The point
of standing was it didn't matter what your

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legal claim was at all. You
could be You could say my legal claim

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is to be King Charles the First
of America. But standing is just about

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are you suffering some kind of harm? Are you injured in some way?

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It doesn't have to do with the
law. It just has to do with

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are you losing money, did you
get hit by car? You know,

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something like that. So to say
it's a least makes no sense. Actually,

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the Crestia is completely right about this. Yeah, And if the more

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you look into it, the real
argument, I think the kind of the

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central thing that that Alito says that
really hit me that they Texas didn't just

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say they need to enforce the law
and you know, arrest more people.

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They went to a very specific part
of what Congress said the executive must do

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because of Congress had passed a law
specifically because of a failure to do that

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in the past. So what they
did was they said, if an illegal

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alien has committed these kinds of crimes, they must be subject too. And

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all that the Biden administration ever claimed
was. Besides, the standing issue was

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we just don't have the resources and
to be able to do that. Now,

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the fact that the court emen took
that up because they did not not

359
00:26:00.359 --> 00:26:02.839
a lot, but they took it
up. You don't have the resources because

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you're not securing the border. That's
the problem. So why you even would

361
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make that argument. But back to
the point at hand, what Kavanaugh says

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is, we're not saying that states
might not ever have the ability to show

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an injury. In fact, that
what it comes down to asking for the

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00:26:22.839 --> 00:26:26.480
executive to enforce the law. We're
not saying that you could never bring a

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case to try to get the executive
to enforce the law. But if that

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would be like if they weren't enforcing
it at all or hardly at all,

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and they made up this ridiculous sort
of indefinite well, you know, it's

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just they'd have to prove more lack
of enforcement than they proved here and some

369
00:26:45.240 --> 00:26:48.839
crop like that. I mean,
there's just all these faults with it,

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and I just don't understand the general
idea. Well, you guys wrote back

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and said, maybe there's a separation
of powers issue here, and I try

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to take that argument seriously, But
I don't think so here um to Congress.

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I mean, this is this is
kind of the argument. I don't

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I don't think I agree with the
Lucuia. I'm not persuaded by Kavanaugh's opinion.

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At the m R just says,
well, it's not so bad.

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Congress can do something about it.
I think the real separation of powers issue

377
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here that the Conservatives have really promoted
for forty fifty years in favor of standing,

378
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is that you have to limit the
judicial power. And you have to

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00:27:30.519 --> 00:27:33.319
understand that's a world where they're trying
to limit the war in court, and

380
00:27:33.400 --> 00:27:41.000
so standing became really important to conservative
judges and justices. Justice Scalia that was

381
00:27:41.160 --> 00:27:45.039
like one of his most important articles
probably helped Scalia created the three pronged tests

382
00:27:45.039 --> 00:27:48.279
that you just mentioned. Yeah.
The one that brought him to the attention

383
00:27:48.400 --> 00:27:53.880
I think of conservative justice department people
is he wrote about standing in the seventies

384
00:27:53.920 --> 00:27:57.960
as an obscure administrative law professor.
But if you think about it, so

385
00:27:59.039 --> 00:28:04.319
the tion of powers argument is you
have to limit the courts to deciding real

386
00:28:04.400 --> 00:28:11.039
cases. Article three says the judicial
power extends to cases and controversies, and

387
00:28:11.079 --> 00:28:14.880
so they're reacting to a world under
the warrant Court where the judges were just

388
00:28:15.200 --> 00:28:18.640
they're trying to take over society.
They were running prisons, school districts,

389
00:28:18.960 --> 00:28:23.319
right, they were finding emanations of
pnumbers of constitution arts. So this was

390
00:28:23.400 --> 00:28:30.400
part of the general pushback of the
Reagan years against judicial activism. But this

391
00:28:30.480 --> 00:28:34.359
is a thing. It has no
roots in the original understanding. As far

392
00:28:34.400 --> 00:28:40.279
as anyone can tell, the founders
did not. This phrase standing doesn't exist

393
00:28:40.279 --> 00:28:42.799
at the time of the Founding,
and they were much more i think,

394
00:28:44.400 --> 00:28:49.400
much more accommodating to lawsuits coming into
the federal courts. And it's not until

395
00:28:49.960 --> 00:28:53.200
this is the part stevil like,
it's not until the New Deal and really

396
00:28:53.240 --> 00:28:57.400
the Great Society, when courts start
getting flooded with all these made up new

397
00:28:57.519 --> 00:29:03.440
kinds of laws and causes of action
that did never that never existed before,

398
00:29:03.799 --> 00:29:07.119
and that's when you start to see
the phrase standing appear in the cases.

399
00:29:07.160 --> 00:29:11.559
It's it's really a response to the
Left and what they did to the law.

400
00:29:11.640 --> 00:29:14.599
Well, when you were talking about
standing, John, one of the

401
00:29:14.640 --> 00:29:18.200
things I always try to explain to
students when I'm trying to get them to

402
00:29:18.279 --> 00:29:25.960
understand the concept is the whole the
whole concept of third party. A third

403
00:29:26.000 --> 00:29:36.039
I cannot sue. You cannot sue
if John Eastman is disbarred for the harm

404
00:29:36.079 --> 00:29:40.079
it was done to you, just
because maybe you happen to testify in his

405
00:29:40.279 --> 00:29:47.519
case you were not harmed in fact, speaking speaking hypothetically here, but I

406
00:29:47.519 --> 00:29:52.920
mean, I can't if my neighbor
is talking down the street and trips in

407
00:29:52.960 --> 00:29:56.119
front of somebody else's property and gets
hurt, I can't sue on my neighbor's

408
00:29:56.119 --> 00:30:00.240
behalf. That's a silly example,
but it's the idea that you have to

409
00:30:00.279 --> 00:30:06.720
be a party that is actually injured
so that in this case there can be

410
00:30:06.799 --> 00:30:11.119
a genuine remedy offered to you by
the legal process, right. And Scalia

411
00:30:11.160 --> 00:30:14.680
had, Yeah, Scalia had this
great line about this. He said,

412
00:30:15.119 --> 00:30:19.240
if anybody is allowed to basically sue
to enforce the rights of other people,

413
00:30:21.160 --> 00:30:25.319
his view was, then every single
decision of the executive branch and the legislature

414
00:30:25.319 --> 00:30:27.440
will be challenged by somebody in court. And then he has this great phrase.

415
00:30:27.440 --> 00:30:32.359
He said, that would be tantamount
to making the Supreme Court the third

416
00:30:32.400 --> 00:30:37.160
house of the legislature because they will
get to vote and effectively veto anything the

417
00:30:37.200 --> 00:30:40.200
other two houses want to do.
I don't know if that's actually true,

418
00:30:40.279 --> 00:30:44.039
but that's what he that's the rhetoric
he used about why you need standing doctrine.

419
00:30:44.359 --> 00:30:45.119
Well, this is what I was
going to bring out. You mentioned

420
00:30:45.160 --> 00:30:48.480
lou the way I always translate Luhan, which is what nineteen eighty nine or

421
00:30:48.599 --> 00:30:53.920
ninety I think to Blake said,
Yeah on the calendar two. Yeah,

422
00:30:55.079 --> 00:30:59.759
the way I always restated is uh, it says you can't any old citizen

423
00:31:00.160 --> 00:31:03.440
just sue for a generalized harm to
society. That's maybe a little overbroad.

424
00:31:03.519 --> 00:31:07.319
But I'm wondering if and I've seen
a couple of people today comment that this

425
00:31:07.359 --> 00:31:11.599
decision, although it's disappointing on the
merits on immigration, is actually bad news

426
00:31:11.599 --> 00:31:15.519
for the left. And I'll give
you a couple of examples. You don't

427
00:31:15.519 --> 00:31:17.480
think so, Lucretia, Well,
let me give you a couple of examples

428
00:31:17.480 --> 00:31:19.960
and work through them. One is, as someone said, remember the Mass

429
00:31:21.079 --> 00:31:25.319
versus EPA case from two thousand and
seven. That's what gave the EPA the

430
00:31:25.359 --> 00:31:30.240
authority to regulate greenhouse gases. And
some i think Jonathan Adders said it may

431
00:31:30.319 --> 00:31:36.519
cast that case into some doubt.
Yeah, and then there's two current ones

432
00:31:36.960 --> 00:31:40.839
that are on my mind. I
wrote about this last week. You may

433
00:31:40.880 --> 00:31:42.640
I don't know if you saw this
case John out of the DC Circuit a

434
00:31:42.680 --> 00:31:48.160
week ago Friday. It was the
main lobsterman's case. And what happened there.

435
00:31:48.160 --> 00:31:52.680
It was the main lobstermen against the
National Marine Fishery Service or whatever bureaucracy

436
00:31:52.680 --> 00:31:56.359
it is in Department of Interior that
wants to introduce some very aggressive new regulations

437
00:31:56.359 --> 00:32:00.839
of the lobster industry, which by
the way, is thriving in the Northeast.

438
00:32:00.319 --> 00:32:04.079
I know a lot about that story
that I will not mention any about

439
00:32:04.240 --> 00:32:07.160
now. But they don't need regulation. Is that just because you eat lots

440
00:32:07.160 --> 00:32:10.960
of lobsters that doesn't count. Steve, he's a kind of guy. He

441
00:32:12.000 --> 00:32:15.240
would put his face in the Atlantic
Ocean and come up with a lobster in

442
00:32:15.279 --> 00:32:20.799
his mouth like a bear with a
salmon in the elasti. Anyway, what

443
00:32:20.839 --> 00:32:29.319
was interesting about this decision was the
bid administration was pushing a very aggressive regulatory

444
00:32:29.359 --> 00:32:34.000
scheme based on essentially what the court
noticed was the worst case scenario. A

445
00:32:34.000 --> 00:32:37.599
parade of horrible is about how horrible
conditions are going to be ten fifteen twenty

446
00:32:37.680 --> 00:32:40.200
thirty years out right, whales would
be dying left and right, and all

447
00:32:40.240 --> 00:32:45.440
these ecological harms to the seabed.
And the judges said, you know,

448
00:32:45.960 --> 00:32:49.200
essentially, they almost said it this
straightforwardly, you don't get to pick the

449
00:32:49.240 --> 00:32:52.799
worst case scenario just because it's the
most convenient for you. And they also

450
00:32:52.000 --> 00:32:57.519
rejected Chevron difference and lots of other
things, a three zero decision, and

451
00:32:57.759 --> 00:33:01.119
a lot of people said, huh, that's interesting because we have all these

452
00:33:01.319 --> 00:33:05.880
climate suits going on on behalf of
kids. I don't know if you're following

453
00:33:05.880 --> 00:33:08.640
this, but they're in district court. Judges have allowed them to proceed to

454
00:33:08.640 --> 00:33:14.079
trial, and I think they're trying
to get around the Luhan problem by saying,

455
00:33:14.400 --> 00:33:15.160
we have kids, we're gonna you
know, we're gonna be a live

456
00:33:15.240 --> 00:33:20.119
for sixty seventy years, and the
government is not securing our future. They

457
00:33:20.160 --> 00:33:22.119
want a judge to issue an injunction
too. I don't know what double the

458
00:33:22.160 --> 00:33:27.119
gas tacks put oil companies out of
business. Actually, one of the claims

459
00:33:27.240 --> 00:33:31.920
is we should hold the hold the
major energy companies liable for climate damages,

460
00:33:32.000 --> 00:33:37.680
which means pay US billions of dollars. So it seems to me by Oakland

461
00:33:37.079 --> 00:33:45.400
against the energy companies for exactly it's
and yeah, right now, but all

462
00:33:45.440 --> 00:33:50.240
of the factual claims about what's going
to happen are based on a particular scenario

463
00:33:50.359 --> 00:33:54.599
of future environmental damages that even the
UN's science body has backed away from.

464
00:33:55.039 --> 00:33:59.720
So, in other words, they're
using an unrealistic, overly pessimistic forecast.

465
00:33:59.799 --> 00:34:01.319
And I think you take that DC
circuit case and say, you know,

466
00:34:01.960 --> 00:34:05.599
you can make all those claims,
but you can't. You can't just cherry

467
00:34:05.599 --> 00:34:09.440
pick some crazy scenario case dismissed.
It seems to me in this case today

468
00:34:09.440 --> 00:34:14.639
and always together, let me ask
Let me ask you, guys, you're

469
00:34:14.639 --> 00:34:17.920
the political scientists here. If it
was just purely matter of politics, I

470
00:34:17.920 --> 00:34:23.000
could see how standing is a useful
tool to cut back on the activism of

471
00:34:23.039 --> 00:34:27.360
the war on court, which was
not which was solely based in the caprice

472
00:34:27.400 --> 00:34:30.960
of judges. But now the activism, if you want to call it,

473
00:34:30.000 --> 00:34:35.360
that is in the hands of originalists
who want to return the Constitution back to

474
00:34:35.400 --> 00:34:38.639
the original understanding. So let me
ask you, does it make sense for

475
00:34:38.840 --> 00:34:45.719
a judiciary now with a majority of
originalists, to limit itself with standing shouldn't

476
00:34:45.719 --> 00:34:50.360
they get you know, my argument
was John to in actual answer to that

477
00:34:50.519 --> 00:34:57.199
is it doesn't because just because they
create a whole series of precedents re establishing

478
00:34:57.320 --> 00:35:04.480
standing as a as a self imposed
judicial restraint. There have been self imposed

479
00:35:04.519 --> 00:35:08.159
judicial restraints before, and the left
will ignore them whenever it suits their purposes,

480
00:35:08.199 --> 00:35:14.320
which I think will happen again.
They ought to take advantage. First

481
00:35:14.320 --> 00:35:19.079
of all, I didn't find the
argument by any of the people on either

482
00:35:19.159 --> 00:35:23.920
the majority opinion or the concurrence to
be compelling. I thought Alito's arguments were

483
00:35:24.039 --> 00:35:28.559
very much more compelling. The other
thing I would say is I have yet

484
00:35:28.599 --> 00:35:35.440
to hear a standing case, and
maybe I'm missing them where it hasn't benefited

485
00:35:35.480 --> 00:35:42.000
the left. I think that these
standing cases are actually being encouraged, shall

486
00:35:42.039 --> 00:35:47.639
we say, by Roberts, because
of his stupid obsession with the integrity of

487
00:35:47.679 --> 00:35:52.519
the court at the expense of the
Constitution. I'm all in favor of the

488
00:35:52.519 --> 00:35:54.719
integrity of the Court too, and
I get that the Court is under a

489
00:35:54.840 --> 00:36:01.480
tremendous amount of criticism the Conserve members
and so forth. But have a set

490
00:36:01.679 --> 00:36:07.320
or grow a pair, or whatever
you want to say, because the point

491
00:36:07.320 --> 00:36:09.679
of the matter is there's no point
in having integrity in the court if the

492
00:36:09.719 --> 00:36:15.239
Constitution is not their guide. And
I think in this case, the Constitution

493
00:36:15.400 --> 00:36:20.599
is clearly not his guide. It
wasn't And I don't think Kavina. I

494
00:36:20.639 --> 00:36:22.920
think Kavna just does what Roberts tells
him too. Personally. I don't know.

495
00:36:22.920 --> 00:36:28.000
Maybe I'm wrong about that, but
his arguments were terrible. This is

496
00:36:28.360 --> 00:36:31.239
this is a good point Lucretian makes, and there's I mean, this is

497
00:36:31.239 --> 00:36:36.360
what passes for theory in law schools. You know, we don't reach the

498
00:36:36.440 --> 00:36:39.400
exalted heights of talking about Maki valley
or house or so on. You know,

499
00:36:39.440 --> 00:36:44.519
there's a famous book by a guy
named Alexander Pickle, Oh yeah,

500
00:36:44.679 --> 00:36:47.760
called The Least Dangerous Branch, which
is taken from Federal's number seventy eight,

501
00:36:47.760 --> 00:36:52.480
and he explains it's ironic. Yeah, it is ironic. Yeah, the

502
00:36:52.679 --> 00:36:58.199
Bickle specific Bickle and his thought is
what influenced his influence in Roberts. Now

503
00:36:58.280 --> 00:37:01.039
there's a direct line to it.
And he said the Supreme Court should try

504
00:37:01.079 --> 00:37:06.599
to use as little power as possible
because it's not elected. Every time it

505
00:37:06.639 --> 00:37:09.880
does something important, it's blocking the
majority. So they should try to keep

506
00:37:09.880 --> 00:37:14.599
their power to a minimum. So
he said, use standing, use rightness,

507
00:37:14.719 --> 00:37:20.800
use whatever reason you can to escape
deciding cases, especially controversial cases.

508
00:37:20.920 --> 00:37:24.480
But I don't interpret, don't interpret
the constitutions exactly what you're describing. Big

509
00:37:24.480 --> 00:37:30.159
goal. But he's in legal John, here's my problem with it, and

510
00:37:30.199 --> 00:37:34.920
I don't think you'll disagree. I'm
going to start with the horrendous cases that

511
00:37:35.360 --> 00:37:42.239
Robert's in, both cases authored during
COVID, where he refused on procedural grounds

512
00:37:42.280 --> 00:37:47.480
to issue injunctions against some of the
most egregious violations of First Amendment rights in

513
00:37:47.519 --> 00:37:53.840
our history. Where again Nevada is
saying casinos can remain open under an executive

514
00:37:54.239 --> 00:38:00.280
under governor's executive order, but churches
have to close, and we're not going

515
00:38:00.320 --> 00:38:04.920
to second guess that he did it
twice in California as well. Then,

516
00:38:04.960 --> 00:38:12.760
of course we have the Texas versus
Pennsylvania case where they refused standing, where

517
00:38:13.199 --> 00:38:21.000
even they don't. Justice is don't
often published assents on a denial of Sershuari,

518
00:38:21.159 --> 00:38:22.280
and I know maybe it wasn't that, maybe they actually you shouldn't.

519
00:38:22.280 --> 00:38:28.639
Descent was two Justices Thomas and Alito, I believe it was came out and

520
00:38:28.639 --> 00:38:34.960
said we don't have. We do
not have the discretion not to take this

521
00:38:35.039 --> 00:38:40.000
case. It's a case of original
jurisdiction. It's a case between two states,

522
00:38:40.079 --> 00:38:46.679
which under the Constitution is not discretionary. Okay, but again gets Roberts

523
00:38:46.679 --> 00:38:52.079
out of having to step into any
kind of controversial decision. Last week,

524
00:38:52.119 --> 00:38:59.039
I think it was they refused to
on standing grounds again take up a case

525
00:38:59.519 --> 00:39:06.679
where the American Medical Association is arguing
that even though under the Americans with Disabilities

526
00:39:06.719 --> 00:39:13.199
Act, gender identity is not a
protected category of disability, the AMAS says,

527
00:39:13.599 --> 00:39:17.199
well, there's gender identity and then
there's gender dysphoria, and just gender

528
00:39:17.280 --> 00:39:24.480
dysphoria is should be protected under the
ADA, and they're using that in all

529
00:39:24.559 --> 00:39:31.519
sorts of ways to just bludgeon schools
and everybody else into these horrific policies,

530
00:39:31.960 --> 00:39:37.559
letting, you know, naked men
who pretend to be women into little girls

531
00:39:37.679 --> 00:39:42.079
dressing rooms and all sorts of horrible
things, and the court wouldn't take it

532
00:39:42.159 --> 00:39:49.519
up. Why standing issues. It's
just getting a little bit old. I

533
00:39:49.559 --> 00:39:52.000
wonder if you could work out a
theory and then I'm sorry, Lessing.

534
00:39:52.000 --> 00:39:57.440
Though the case you talked about last
week, Steve the indigenous what is it

535
00:39:57.480 --> 00:40:04.960
called the Native American Act. Yeah, can't sue on behalf of another standing

536
00:40:05.039 --> 00:40:08.599
case. But this is also what
Lucretius pointing out. I think it is

537
00:40:08.639 --> 00:40:14.800
going to be a constant challenge for
conservative justices on the Supreme Court. It's

538
00:40:14.840 --> 00:40:17.800
just like the Chevron case. The
Chevron case also comes from the Reagan era,

539
00:40:17.920 --> 00:40:23.039
and it was courts, restrain yourself, stop interfering with the administrative state.

540
00:40:23.760 --> 00:40:34.119
And then we said that was you. And so I think the court,

541
00:40:34.440 --> 00:40:37.360
we have, all three of us, probably don't like the Chevron doctrine

542
00:40:37.360 --> 00:40:40.159
and may think that the Court's going
to overrule it next term. That's a

543
00:40:40.760 --> 00:40:46.599
but getting rid of standing is a
whole order of magnitude harder for conservative justices

544
00:40:46.639 --> 00:40:50.559
than getting rid of Chevron. Well, you know, I've got scribbled down

545
00:40:50.559 --> 00:40:53.039
on my notes here, John that
don't we need to be pointing towards or

546
00:40:53.079 --> 00:40:58.320
somebody need to be pointing towards the
equivalent of the Major Questions doctrine, which

547
00:40:58.360 --> 00:41:00.199
is now the full rum to reeves
at Chevron. Don't we need to do

548
00:41:00.239 --> 00:41:06.679
that with standing? That's an interesting
idea, Steve like The problem also was

549
00:41:06.719 --> 00:41:10.320
conservatives have not thought about what should
replace it. Yeah, well, okay,

550
00:41:10.360 --> 00:41:13.239
well we need to start thinking.
I mean, because you remember,

551
00:41:13.239 --> 00:41:15.800
I mean, for the longest time, one of the biggest defenders of the

552
00:41:15.840 --> 00:41:19.079
Chevron doctrine was Scalia. People,
by the way, I think he thought

553
00:41:19.079 --> 00:41:21.280
it up, but he wasn't on
the court when that case was heard,

554
00:41:21.280 --> 00:41:23.400
but he defended it for a long
time, and then was supposedly changing his

555
00:41:23.480 --> 00:41:29.400
mind fast at the time of his
passing in twenty sixteen. I know I've

556
00:41:29.400 --> 00:41:31.760
done it before, but I'll remind
people who may have missed it or just

557
00:41:31.840 --> 00:41:37.079
joined us. Recently, the Chevron
case has won the Reagan administration, one

558
00:41:37.599 --> 00:41:40.199
that was supposed to be a victory
over the bureaucracy, and look what happened.

559
00:41:40.199 --> 00:41:44.039
It turned out exactly the opposite,
which is why I think I'm with

560
00:41:44.119 --> 00:41:47.880
Lucretia. I sort of worry about
how we fix all this. One observation

561
00:41:47.960 --> 00:41:52.559
before we press on a little bit, is I guess, well, let

562
00:41:52.599 --> 00:41:58.199
me go out it this way.
Kavanaugh is kind of turning out what we

563
00:41:58.239 --> 00:42:01.280
thought he'd be a little squishy and
the tourmament. Gorsuch is still a little

564
00:42:01.280 --> 00:42:05.280
bit of an enigma. He seems
to be very pro Native American you know,

565
00:42:05.320 --> 00:42:07.760
whatever, whatever their position is,
they win. That seems to be

566
00:42:07.880 --> 00:42:12.960
But in other areas he seems more
interesting and better and except for the Bossons

567
00:42:13.119 --> 00:42:17.039
decision. But here's my question,
which is Roberts was a clerk for Rnquist,

568
00:42:17.159 --> 00:42:21.719
who was an open, direct positivist, a guy who liked a side.

569
00:42:21.840 --> 00:42:27.039
Oliver Wendell Holmes, Gorsuch and Kavanaugh
were clerks for Anthony Kennedy and it

570
00:42:27.079 --> 00:42:30.679
really shows in both cases. I
think I think the boss talk is a

571
00:42:30.719 --> 00:42:35.599
direct lineage of Kennedy type thinking,
who do the leader Further, Yeah,

572
00:42:35.639 --> 00:42:39.679
I just want to point out that
our own John Yu was a clerk for

573
00:42:39.880 --> 00:42:50.599
Clarence Thomas and that didn't have the
impact. Well, I feel I feel

574
00:42:50.599 --> 00:42:55.559
like the two of you totally set
that up before, because when I want

575
00:42:55.559 --> 00:42:59.719
the listeners to know that when I
signed on to Zoom, they were already

576
00:42:59.760 --> 00:43:02.800
taught and then they stopped immediately when
I stand on, had the guiltiest looks

577
00:43:02.800 --> 00:43:06.639
on their faces, and I was
wondering what they were up to. Now

578
00:43:06.800 --> 00:43:10.559
we know. Well, anyway,
I was trying to say, is the

579
00:43:10.880 --> 00:43:15.079
way to make a field theory that
the lineage of these people who they clerked

580
00:43:15.079 --> 00:43:20.000
for. Uh, you know the
legal doesn't matter. Yeah, clerk from

581
00:43:20.000 --> 00:43:22.880
the court. But I think it
doesn't matter because I mean, having gone

582
00:43:22.920 --> 00:43:24.559
through it. You know, you
go to law school, you're like twenty

583
00:43:24.559 --> 00:43:29.199
five years old, and then you
clerk for a justice. It can't help,

584
00:43:29.239 --> 00:43:32.039
but you know, profoundly influence how
you think about the law. It's

585
00:43:32.079 --> 00:43:36.960
actually unusual. I mean, it's
rarer than you would think when you find

586
00:43:37.320 --> 00:43:40.519
clerks who really violently disagree with their
justice. You know, there's you you

587
00:43:40.719 --> 00:43:46.920
enjoy finding like someone like uh Ralph
Winter. Ralph No, like a Ralph

588
00:43:46.960 --> 00:43:52.079
Winter, one of the great conservative
law professors and judges who clerked for They're

589
00:43:52.079 --> 00:43:57.960
a good marshal. See, that's
that's the they're so rare. Most books

590
00:43:58.000 --> 00:44:01.320
do sort of seemed to fall all
in the same stream of thought as their

591
00:44:01.400 --> 00:44:05.920
judges. Well you do, you
do too, Actually, John, the

592
00:44:06.000 --> 00:44:09.760
problem is is that you've made more
progress in the direction of Clarence Thomas's judicial

593
00:44:09.800 --> 00:44:15.119
philosophy under me than you get under
Clarence Thomas. That is actually true.

594
00:44:15.800 --> 00:44:20.800
When I was I you know,
I'm not revealing confidence as I was seen

595
00:44:20.840 --> 00:44:23.400
as the squishy moderate the year I
clerk to believe it or not, and

596
00:44:23.599 --> 00:44:29.360
I am. I was through and
through positivists at the time I clerked,

597
00:44:29.360 --> 00:44:34.559
and now I am about ninety five
percent positivista. Well what do they call

598
00:44:34.599 --> 00:44:38.440
it? You you're opening notorious or
is that there there's a word for someone

599
00:44:38.480 --> 00:44:44.679
who's uh um, questioning their sexuality? What's not saying that John's doing that?

600
00:44:44.719 --> 00:44:49.400
But it's the same. What is
the word? Come to me?

601
00:44:49.760 --> 00:44:51.719
Yeah? I know what you mean. I can't remember it either, because

602
00:44:51.719 --> 00:45:00.239
it doesn't I never I never click
on those stories on my feet. All

603
00:45:00.320 --> 00:45:04.519
right, what else is on your
guys mind? This week? John wanted

604
00:45:04.559 --> 00:45:07.679
to discuss some dabs a year later. It's a year later, Yeah,

605
00:45:07.880 --> 00:45:12.360
when they're all the stories, it
will be in exactly a year. Yeah,

606
00:45:13.239 --> 00:45:16.639
And my question is what effect do
you guys think it's head? Did

607
00:45:16.639 --> 00:45:20.760
it turn out to be a net
plus for the progressives? Actually, twenty

608
00:45:20.800 --> 00:45:30.480
five states twenty half of the states
have passed legislation that has made how should

609
00:45:30.480 --> 00:45:36.159
I say this has provided greater protections
for unborn children a whole variety of different

610
00:45:36.360 --> 00:45:40.159
different things that you know, some
of them are just merely outlawing partial birth

611
00:45:40.199 --> 00:45:45.960
abortion. Some of them are the
you know, the unborn children, Save

612
00:45:45.119 --> 00:45:49.599
Save the Unborn Children Acts. Some
of them are twelve weeks, some of

613
00:45:49.599 --> 00:45:53.599
them are heartbeat legislation. But twenty
five half of the states in the past

614
00:45:53.679 --> 00:46:00.840
year have passed legislation that would not
have been allowed prior to rovers as Wade

615
00:46:00.880 --> 00:46:07.320
being um being overturned. Now some
states have gone the other way on in

616
00:46:07.400 --> 00:46:15.119
spades, but but not that many, not twenty five for sure. Yeah,

617
00:46:14.639 --> 00:46:20.119
um, your state, your state
has Oh yeah, well, but

618
00:46:20.199 --> 00:46:22.920
that's to be expected. There's another
interesting guy. I just wanted to mention

619
00:46:22.960 --> 00:46:27.679
you guys really quickly because this is
one of those things that for me,

620
00:46:27.880 --> 00:46:32.559
HiT's really close to home. For
a funny reason. So Tuberville's Senator Tuberville

621
00:46:32.559 --> 00:46:43.239
from Alabama, Tommy Tuberville, that
that ridiculously stupid and competent affirmative action excuse

622
00:46:43.440 --> 00:46:51.000
for a Secretary of Defense that Biden
appointed Lloyd Austin. I believe under Biden's

623
00:46:51.000 --> 00:46:54.039
direction. I don't know this for
sure, but he um, he put

624
00:46:54.079 --> 00:47:02.719
together a policy for the DoD that
provides funding for any I can't even say

625
00:47:02.760 --> 00:47:07.079
women, because you know, men
can get pregnant too, don't you know.

626
00:47:07.519 --> 00:47:13.920
Anyway, mothers, birthing persons,
birthing persons, who get pregnant in

627
00:47:14.000 --> 00:47:19.639
the army and they happen to be
stationed against their will, of course,

628
00:47:19.840 --> 00:47:27.639
in a state that doesn't allow whatever
abortion services they need. They get full

629
00:47:27.880 --> 00:47:30.719
full payment, reimbursement, healthcare,
etc. To travel to another state for

630
00:47:30.760 --> 00:47:37.480
those abortion under under Pentagon policy.
Now, and Tuberville says, a it

631
00:47:37.599 --> 00:47:46.199
violates the UH that Commendment, High
Amendment, the Hide Amendment. It hasn't

632
00:47:46.199 --> 00:47:53.199
been voted on by Congress, so
Tuberville has been holding up right a whole

633
00:47:53.199 --> 00:48:02.199
bunch of promotional motions of officers to
star and above generals promotions and reassignments.

634
00:48:02.440 --> 00:48:08.760
And a very good friend of mine
has been promoted to three star and is

635
00:48:08.800 --> 00:48:14.599
awaiting a very big Pentagon job,
but is still stuck in bug Buck,

636
00:48:14.679 --> 00:48:17.639
little town I live in, because
his thing has been held up for months.

637
00:48:17.639 --> 00:48:21.840
And his bosses, who's also a
very good friend of mine, hers

638
00:48:21.960 --> 00:48:27.880
is being held up because she's being
promoted to four star. And it doesn't

639
00:48:28.559 --> 00:48:32.480
have implications across the army. Of
course, Austin saying that this is a

640
00:48:32.599 --> 00:48:37.239
direct threat to our national security.
What a stupid argument that is. But

641
00:48:37.320 --> 00:48:40.280
anyway, so it's an impasse,
and it's been going on for some time.

642
00:48:40.360 --> 00:48:45.199
There's about two hundred and fifty of
them in another four hundred in the

643
00:48:45.239 --> 00:48:50.159
pipeline. Schumer could do them one
at a time, but that takes time

644
00:48:50.199 --> 00:48:52.440
and he's refusing to do that.
So it's actually a very funny situation.

645
00:48:52.519 --> 00:49:00.159
But all of it because the eating
Biden administration decided to respond to Dobbs with

646
00:49:00.239 --> 00:49:05.559
some completely biased partisan crap against the
law. So they John, I can

647
00:49:05.559 --> 00:49:09.480
I introduced some facts here because so
I think I've said before, I'm basically

648
00:49:09.559 --> 00:49:15.159
pro choice, well, but differently, I'm pro states deciding the abortion question.

649
00:49:15.559 --> 00:49:19.440
I would have thought after DABS there
would have been a significant drop in

650
00:49:19.440 --> 00:49:23.159
the number of abortions in the United
States, But according to the studies I'm

651
00:49:23.199 --> 00:49:30.239
seeing, it says that after DABS
there have been about five thousand fewer legal

652
00:49:30.280 --> 00:49:35.960
abortions per month on average, which
is only about six percent drop in the

653
00:49:36.039 --> 00:49:40.440
number of abortions nationwide per month,
which actually really surprised me. I first

654
00:49:40.440 --> 00:49:45.159
of all, I didn't realize there
were that many abortions going on, right

655
00:49:45.159 --> 00:49:47.199
because if it's six with, that
means there's one hundred thousand abortions a month.

656
00:49:47.280 --> 00:49:52.480
Basically there were before DABS. What
I would have thought, dabbs,

657
00:49:52.599 --> 00:49:55.159
you know, which produced the number
of changes in the law that Lucretia mentioned.

658
00:49:55.800 --> 00:50:01.039
I'm surprised that only five thousand fewer, well or sixty thousand a year

659
00:50:01.159 --> 00:50:05.679
out of it. Yea, it
sounds like, yeah, I think there's

660
00:50:05.719 --> 00:50:07.519
three. I think there's three parts
of this to look at, and we'll

661
00:50:07.519 --> 00:50:12.079
start with that part there, which
is abortion. The number of abortions had

662
00:50:12.119 --> 00:50:15.960
been slowly declining for quite a while. A whole bunch of reasons for that

663
00:50:15.360 --> 00:50:21.320
which will break apart. But so
it doesn't surprise me that I actually think

664
00:50:21.320 --> 00:50:23.719
that's a significant drop, because that's
faster than the rate of decline that you

665
00:50:23.840 --> 00:50:28.280
saw beforehand. But the second thing
to be said about the numbers is is

666
00:50:28.320 --> 00:50:31.440
that even if you have said,
what was the Alabama statute that was brought

667
00:50:31.519 --> 00:50:35.199
to the cordon dobs? Was it
ten weeks I think, or it was

668
00:50:35.239 --> 00:50:38.280
a fifteen weeks, you know,
something like, I don't know the exact

669
00:50:38.320 --> 00:50:42.840
number, but it's an overwhelming majority, like eighty or ninety percent of abortions

670
00:50:42.840 --> 00:50:45.400
are done in the early weeks.
And that, by the way, brings

671
00:50:45.400 --> 00:50:51.840
you to the politics of it,
which is why have the I call them

672
00:50:51.880 --> 00:50:57.360
the abortion absolutists on the left.
You know, the issue came up of

673
00:50:57.360 --> 00:51:00.480
a late term abortion starting, you
know, twenty five years ago. And

674
00:51:00.519 --> 00:51:04.159
it's true that there aren't very many
late term abortions out of the total number.

675
00:51:04.239 --> 00:51:07.400
It's just a very few thousand a
year in total. But they wouldn't

676
00:51:07.440 --> 00:51:10.639
even compromise on that. And we've
now seen a couple of states past statutes

677
00:51:10.679 --> 00:51:14.360
saying, you know, abortion up
to the moment of birth and maybe even

678
00:51:14.400 --> 00:51:19.800
after. That was Barbara Boxer's position
actually for a long time. And so

679
00:51:19.880 --> 00:51:24.199
I would not surprise that even the
new laws that say fifteen weeks, ten

680
00:51:24.239 --> 00:51:29.480
weeks, six weeks in Florida got
signed into law won't actually cut the total

681
00:51:29.599 --> 00:51:34.960
number abortions down that much. Abortions, late term abortions, and partial birth

682
00:51:34.960 --> 00:51:38.360
abortions. That's a big deal,
I agree, absolutely. And then and

683
00:51:38.400 --> 00:51:44.039
then the other part of the politics
of it is, you know, I'm

684
00:51:44.079 --> 00:51:47.400
surprised that we haven't seen some of
the quantitative political scientists who like to run

685
00:51:47.440 --> 00:51:52.719
the regression models and run the data
haven't really gotten into this question. Because

686
00:51:52.760 --> 00:51:57.239
it's now supposed in the media and
elsewhere that the dab's decision prompted a lot

687
00:51:57.280 --> 00:52:00.400
of younger women, especially to get
off the sidelines and go vote. They

688
00:52:00.519 --> 00:52:04.400
voted massively democratic. Abortion was said
to have been a great motivator in the

689
00:52:04.480 --> 00:52:07.960
last election. I am skeptic.
I think there's some truth to that,

690
00:52:07.039 --> 00:52:12.000
just it's my sense in some places, but and where they you know,

691
00:52:12.000 --> 00:52:16.519
they spend a jillion dollars in Wisconsin. But I'm skeptical that a that it's

692
00:52:16.559 --> 00:52:21.000
true, that's the extent that people
attributed, and be whether it's going to

693
00:52:21.159 --> 00:52:23.320
last. For the very reason you
just mentioned, John, people are going

694
00:52:23.360 --> 00:52:25.599
to wake up in three or four
years and say, oh, um,

695
00:52:25.880 --> 00:52:29.480
I can still get an abortion.
Well, what's all the fuss about.

696
00:52:29.519 --> 00:52:32.719
Why are we screaming from the rooftops. I think the left has to do

697
00:52:32.760 --> 00:52:37.880
it because it's an article religion for
them, and two it's to motivate their

698
00:52:37.960 --> 00:52:42.199
voting base, the same way the
racial question is used. So I think

699
00:52:42.199 --> 00:52:45.559
it's going to settle down. But
you know, we'll see, And I

700
00:52:45.679 --> 00:52:49.880
wait to see some of the quantitative
friends of ours who get into this because

701
00:52:49.880 --> 00:52:52.199
they, you know, in the
past, political scientists who you know,

702
00:52:52.320 --> 00:52:55.280
we don't. I don't like that
particular way of studying political science, but

703
00:52:55.280 --> 00:53:00.280
it is occasionally useful, and they
often debunk why they held views of what's

704
00:53:00.320 --> 00:53:02.119
really going on with voters and voting
behavior. And I think we'll find that

705
00:53:02.159 --> 00:53:06.119
out here. But that's just the
guess. And then we mentioned that there

706
00:53:06.119 --> 00:53:09.079
have been legal changes and that's the
easiest thing to look at and see and

707
00:53:09.400 --> 00:53:16.559
count out. So and that's my
short course on it. So just so

708
00:53:16.639 --> 00:53:21.159
you know, it's not the end
of the podcast yet, but our good

709
00:53:21.199 --> 00:53:25.360
friends at the Babylon Bee have ten
devastatingly horrible things that have happened since the

710
00:53:25.480 --> 00:53:31.039
DOV decision. Dobs decision was passed. Inflation. You know whose fault that

711
00:53:31.159 --> 00:53:37.320
is? Babies? Right? Millions
of dads now have less time to play

712
00:53:37.440 --> 00:53:43.079
video games. Hundreds of innocent corporations
had to pay maternity lead. Why didn't

713
00:53:43.119 --> 00:53:49.599
someone think of the corporations more toddlers
were driving those annoying little pop popping vacuum

714
00:53:49.679 --> 00:53:54.599
things were certainly it'll be plenty of
those toys in hell. The implosion of

715
00:53:54.639 --> 00:54:00.840
the Ocean Gate submarine. We're sure
this is related somehow. Yeah, okay,

716
00:54:00.039 --> 00:54:06.159
and I want meet them off,
but you get the idea hasn't really

717
00:54:06.199 --> 00:54:15.159
been quite the apocalypse that the left
imagined and which is kind of what you're

718
00:54:15.159 --> 00:54:20.000
saying too, John, I mean
they've made progress in some states, like

719
00:54:20.079 --> 00:54:23.280
Steve says, I don't know that
there's any state that has outlawed abortion from

720
00:54:23.320 --> 00:54:29.880
the moment of conception. Yeah,
there and so, And as far as

721
00:54:29.880 --> 00:54:34.800
it goes, most Americans, the
majority of Americans are not in favor of

722
00:54:34.800 --> 00:54:40.559
abortion on demand to up until the
moment of birth or or after they are.

723
00:54:40.880 --> 00:54:46.639
They usually will take a moderate stand, which is prior to viability,

724
00:54:46.679 --> 00:54:51.079
prior to the hearing of a heartbeat, prior to twelve weeks, you know,

725
00:54:51.159 --> 00:54:55.280
whatever that might be, um,
prior to quickening. Uh. And

726
00:54:57.079 --> 00:55:00.519
you know, even though the those
aren't my positions, I can consider all

727
00:55:00.559 --> 00:55:04.920
of that good news that we are
no longer allowing babies to be born and

728
00:55:05.039 --> 00:55:09.719
die on it operating table. I
mean, remember what Norfolk about that?

729
00:55:09.880 --> 00:55:17.400
John? Do you remember you don't
when when Governor Blackface was in office and

730
00:55:17.480 --> 00:55:23.920
someone asked him about, yeah,
his refusal to sign or was it.

731
00:55:25.000 --> 00:55:28.719
I forget what the actual legal issue
was, but it was the way he

732
00:55:28.760 --> 00:55:30.079
described it was really ghoulish. Right. He says, Well, the you

733
00:55:30.079 --> 00:55:34.760
know, the child will be made
comfortable while the parents decide what to do,

734
00:55:34.840 --> 00:55:39.320
which the mother, the mother,
doctor decide what to do. The

735
00:55:39.480 --> 00:55:44.760
baby born a lot. I didn't
hear that. Oh yeah, that's why

736
00:55:44.800 --> 00:55:50.719
you're moderate. You don't pay attention
to the news that it's that Pixie Glass

737
00:55:50.800 --> 00:55:53.719
Dome County where he lives, you
know, they filter out. Yeah,

738
00:55:53.719 --> 00:55:58.559
that was actually John. I mean
he really did say that we're just gonna

739
00:55:58.639 --> 00:56:01.280
let that baby die on the on
the operating table if that's what the mother

740
00:56:01.360 --> 00:56:06.039
and the doctor decide is best for
the mother. Even people who are pro

741
00:56:06.199 --> 00:56:08.480
choice should not be in favor of
that. Yeah, that's kind of the

742
00:56:08.480 --> 00:56:14.079
point Je and I are making,
and they're not in many cases except for

743
00:56:14.159 --> 00:56:20.039
the worst of the worst leftist,
the ones, the ones who insisted that

744
00:56:20.079 --> 00:56:25.280
those laws not be passed to protect
children who were born out of botched abortions,

745
00:56:25.880 --> 00:56:30.920
which which happens here like a dozen
times a year. And yeah,

746
00:56:30.400 --> 00:56:37.199
no, they would they would countenance
not a single limitation I had. I

747
00:56:37.280 --> 00:56:40.079
had two more different issues to talk
about, and if Steve's run out,

748
00:56:40.119 --> 00:56:43.480
I don't know if you want to
talk about because I was go ahead.

749
00:56:43.719 --> 00:56:49.280
So one is any comment on the
continuing attacks on the ethics of the justices

750
00:56:49.360 --> 00:56:52.800
so we got two new ones.
One that was right quite remarkable is a

751
00:56:52.880 --> 00:56:58.239
matter of just you know, the
history of the Supreme Court was that Justice

752
00:56:58.280 --> 00:57:04.199
Alito was attacked by Pro Publica for
going on a fancy hunting trip with a

753
00:57:04.239 --> 00:57:09.000
billionaire named Paul Singer. Is that
Paul Singer, who's um was the head

754
00:57:09.039 --> 00:57:13.079
of something is maybe still the head
of something called Elliott? Oh yeah,

755
00:57:13.119 --> 00:57:15.880
I think Elliott Investments, which I
actually teach these cases. I had no

756
00:57:16.000 --> 00:57:21.760
idea who he was or his firm's
name, but he bought up Argentinian bonds

757
00:57:21.880 --> 00:57:24.360
that were defaulted on, and then
he I teach it because it's so great

758
00:57:24.360 --> 00:57:28.559
all the stuff that they did to
try to collect on the bonds, and

759
00:57:28.880 --> 00:57:32.320
eventually Supreme in the case went to
Supreme Court multiple times, and eventually he

760
00:57:32.360 --> 00:57:38.079
won and Argentina eventually paid up.
But the remarkable thing I thought about it

761
00:57:38.119 --> 00:57:44.519
was not the ongoing attacks on the
justices, but that Justice Alito preemptively wrote

762
00:57:44.559 --> 00:57:49.440
an op ed in the Wall Street
Charm, Yeah, attacking the article and

763
00:57:49.599 --> 00:57:52.559
which appeared before the Pro Publica story. I think that's got to be a

764
00:57:52.599 --> 00:57:57.840
first. I mean, that's really
got to be a first. And about

765
00:57:57.880 --> 00:58:01.320
that that's just unethical, Like really, come on. And then just today,

766
00:58:01.360 --> 00:58:06.280
I don't know if you saw,
there's stories attacking Justice Barrett and this

767
00:58:06.360 --> 00:58:08.599
is really again, I don't know
what. I'm curious what you guys think

768
00:58:08.599 --> 00:58:13.440
about the whole story, this whole
line of attack, what you think people

769
00:58:13.440 --> 00:58:17.920
should say about it. But Justice
Barrett was attacked for her ethics. Forget

770
00:58:17.960 --> 00:58:22.559
this. When she left Notre Dame
to become a professor, to become a

771
00:58:22.599 --> 00:58:27.840
Supreme Court justice, she sold her
house and the person who bought it was

772
00:58:27.880 --> 00:58:34.719
a conservative. Yeah, that was
that. I mean, we're talking about

773
00:58:34.760 --> 00:58:39.480
Notre Dame here, right, like
who's buying houses around Notre Dame conservative activists.

774
00:58:42.679 --> 00:58:45.639
Interesting takes on it today, and
I'm interested to see what you think

775
00:58:45.679 --> 00:58:51.199
of it. The first one was
is that all of the attacks on Clarence

776
00:58:51.280 --> 00:58:59.960
Thomas have been not really making a
whole lot of dent into what the way

777
00:59:00.119 --> 00:59:02.760
left wants it to work, number
one. But number two, you started

778
00:59:02.800 --> 00:59:10.480
seeing resistance from different African American groups
saying this seems to be a little bit

779
00:59:10.559 --> 00:59:15.199
racist, this seems to be a
little bit So that was I don't know

780
00:59:15.199 --> 00:59:17.199
if that's true. That's one argument
I saw and then the other one was

781
00:59:17.239 --> 00:59:22.639
it's a little bit like do you
remember one of those Tom Clancy novels begins

782
00:59:22.679 --> 00:59:29.639
with the idea that nobody can take
down the lion. A hyaena can't take

783
00:59:29.679 --> 00:59:32.840
down a lion, but a whole
bunch of hyenas can come and just nip

784
00:59:32.880 --> 00:59:37.480
here and nip there, and nip
here and nip there. And it's basically

785
00:59:37.519 --> 00:59:42.559
the idea is that even though all
of these accusations like the one you just

786
00:59:42.599 --> 00:59:46.400
said, are complete crap and anybody
who's really paying attention to them knows their

787
00:59:46.440 --> 00:59:52.800
complete crap butt, they have the
effect overall of making it look like it's

788
00:59:52.840 --> 00:59:57.079
just a cesspool of ethical violations there
on the conservative wing of the court,

789
00:59:57.119 --> 01:00:00.039
and that that's really the strategy here. Well, I think there's one thing

790
01:00:00.119 --> 01:00:05.559
that I mean, if the allegation
is they're buying justices votes in the case

791
01:00:05.599 --> 01:00:09.559
of Paul Singer, the irony here
is is that Paul Singer generally a conservative,

792
01:00:09.599 --> 01:00:13.440
but uh, and this is publicnology. As a gay son, he

793
01:00:13.519 --> 01:00:16.199
was a big supporter of the drive
for same sex marriage, gave a lot

794
01:00:16.199 --> 01:00:20.679
of money to groups, you know, lobbied Republicans to not oppose it,

795
01:00:20.679 --> 01:00:23.920
and so forth. Well, Alito
didn't vote over with it, he didn't

796
01:00:23.960 --> 01:00:27.480
vote with Singing on that issue.
In fact, he filed them one of

797
01:00:27.480 --> 01:00:30.199
the more vigorous descents against same sex
marriage and overca fail. So that didn't

798
01:00:30.199 --> 01:00:34.480
work very well for them. Uh, they're gonna keep at this. Uh.

799
01:00:34.519 --> 01:00:37.840
And I don't know. I like
the I like the feistiness the court

800
01:00:37.960 --> 01:00:42.599
is showing of or you know,
our friends on the court, so to

801
01:00:42.599 --> 01:00:45.079
speak, or showing and getting getting
out ahead of it and punching back,

802
01:00:45.239 --> 01:00:50.280
which is, you know, all
to the good. Well, we're we're,

803
01:00:50.840 --> 01:00:53.519
we're out almost an hour. You
didn't speak to either one of my

804
01:00:53.880 --> 01:01:00.039
things. What I didn't even my
silence is silence is violence. No,

805
01:01:00.199 --> 01:01:05.519
it's it's perfectly sensible, right,
I had missed these. I am surprised.

806
01:01:05.559 --> 01:01:08.960
I haven't seen these stories that you
mentioned, though, Lucretia about African

807
01:01:08.960 --> 01:01:14.280
American groups supporting Thomas on this,
I'd be very surprised because they have treated

808
01:01:14.320 --> 01:01:17.480
him so badly over the decades.
I would like to be part of the

809
01:01:17.920 --> 01:01:24.280
issue there, though John is quite
frankly that there are groups of African Americans

810
01:01:24.280 --> 01:01:29.599
out there that are no longer shall
we say, allied with the Black Caucus

811
01:01:29.880 --> 01:01:36.800
or you know, the NAACP or
the Southern Law Poverty Center, that that

812
01:01:36.880 --> 01:01:44.599
there are in fact, many more
intelligent conserva maybe not even conservative, moderate

813
01:01:45.199 --> 01:01:52.559
um groups sort of representing African Americans, Black Americans who just want to see

814
01:01:53.440 --> 01:02:00.239
success for middle class Black Americans.
I don't know exactly, there's a lot

815
01:02:00.280 --> 01:02:01.440
more of those than there used to
be. Yeah, I mean, it

816
01:02:01.480 --> 01:02:06.079
makes intuitive. It reminds me of
a story now from when Thomas was nominated

817
01:02:06.119 --> 01:02:10.000
back in nineteen ninety one. My
late friend Michael Cromartie, who worked in

818
01:02:10.039 --> 01:02:15.119
Washington for years and there's always a
great conversation as he talked to everybody and

819
01:02:15.280 --> 01:02:17.039
was very he was a charmer.
Well, he was telling me at the

820
01:02:17.039 --> 01:02:21.440
time that he had a black shoe
shine guy used to go to maybe in

821
01:02:21.559 --> 01:02:25.199
Union station. I'm not sure,
and you know, rightly in the nominations

822
01:02:25.239 --> 01:02:28.880
announced, he's talking to a shoeshine
guy and a guy singing, yeah,

823
01:02:28.960 --> 01:02:30.840
I'm not so sure about this guy. He's, you know, a conservative

824
01:02:30.880 --> 01:02:35.199
Republican and I don't know, and
so you know, we're talking. Then

825
01:02:35.280 --> 01:02:37.840
the Anita Hill out accusations came out
three weeks later, and Mike went back

826
01:02:37.840 --> 01:02:40.760
to the same shoe shine guy and
brought it up and he said, put

827
01:02:40.800 --> 01:02:44.519
that man on the court. This
is crapping, you know, put it

828
01:02:44.559 --> 01:02:47.000
more colorfully than that, Right.
I think a lot of black men responded

829
01:02:47.039 --> 01:02:52.400
that way, and I think a
lot nowadays maybe thinking the same thing.

830
01:02:52.559 --> 01:02:57.000
So just to home, there's years
I think. I don't know how directly

831
01:02:57.039 --> 01:03:00.880
related this is, but you also
saught increase in blackmail voters for Trump in

832
01:03:00.880 --> 01:03:05.719
the last election, right, and
you know, you get it. I

833
01:03:05.840 --> 01:03:09.840
was always new Ginger Choice used to
say, if Republicans could capture twenty percent

834
01:03:09.840 --> 01:03:14.159
of the black vote, there will
no there will no longer be competitive of

835
01:03:14.239 --> 01:03:21.800
that. And remember what Trump did
for the African American community. He brought

836
01:03:21.800 --> 01:03:28.840
them to the lowest unemployment in history
in history and highest waves games in fifty

837
01:03:28.880 --> 01:03:34.239
years too. Yeah, yes,
And you know you'd have to be stupid

838
01:03:34.280 --> 01:03:37.320
and or not to ignore that sort
of thing and say, yeah, well,

839
01:03:37.519 --> 01:03:40.039
we just need to continue to be
uh, the whipping boys of the

840
01:03:40.519 --> 01:03:49.199
Democratic Party because they've been so good
to us. All right, last item,

841
01:03:49.239 --> 01:03:52.000
maybe before we sign off, everybody
wants to talk about the submersible.

842
01:03:52.119 --> 01:03:57.599
I don't really care to, but
either either you have anything particularly you want

843
01:03:57.599 --> 01:04:00.360
to say about all of that.
Uh No, but I will say that

844
01:04:00.400 --> 01:04:05.480
Ocean Gate offers twenty percent coupon off
twenty percent off coupon for their next tour.

845
01:04:08.760 --> 01:04:11.159
I've been I've been trying to avoid
the jokes on this because I think

846
01:04:11.159 --> 01:04:14.960
they're, you know, kind of
distasteful. There is one thing I do,

847
01:04:15.199 --> 01:04:16.360
There is one bit that I would
write about this, but I haven't

848
01:04:16.360 --> 01:04:20.280
had time. The Wall Street Journal
reported what a day or two ago that

849
01:04:20.360 --> 01:04:25.239
oh, and I wondered about this
immediately, by the way, because you

850
01:04:25.280 --> 01:04:27.760
know, my dad's a little navy
man, I know a little read some

851
01:04:27.800 --> 01:04:30.480
of the detailed histories about the two
submarines we lost in the sixties, the

852
01:04:30.519 --> 01:04:36.639
Thresher and a Scorpion, and in
both cases are underwater listening devices heard them

853
01:04:36.639 --> 01:04:42.159
implode, although in the case of
the Scorpion, supposedly there's still some murky

854
01:04:42.239 --> 01:04:45.840
aspects of that story. And that
carries over to this current week. Uh

855
01:04:46.159 --> 01:04:48.960
that you had to go back and
review the tapes because you know, there's

856
01:04:49.000 --> 01:04:54.280
a lot of noise in the ocean, and there's not somebody necessarily listening live

857
01:04:54.360 --> 01:04:57.679
all the time, and and you
know you need to computers to wash it

858
01:04:57.719 --> 01:05:00.119
out and all that. Uh,
and it seemed to be misreported. It

859
01:05:00.199 --> 01:05:04.000
though the Navy heard the sub explode
on Sunday when it went down, and

860
01:05:04.719 --> 01:05:09.840
I think that's actually not correct.
I think what they did was they said,

861
01:05:09.840 --> 01:05:13.760
oh, they're missing the submarine.
Let's go check our tapes of our

862
01:05:14.000 --> 01:05:16.000
underwater microphones. And it took a
while to find it out. I'm not

863
01:05:16.039 --> 01:05:21.280
sure when, but I don't think
they had a contemporaneous awareness that some sub

864
01:05:21.320 --> 01:05:24.719
had just imploded at the bottom of
the ocean. Because a lot of our

865
01:05:24.920 --> 01:05:28.239
you know, conspiratorially minded friends saying
this has been a cover up from the

866
01:05:28.239 --> 01:05:30.400
beginning. It was used to distract
the news from Hunter Biden and blah blah

867
01:05:30.440 --> 01:05:34.920
blah. And I think that's overwrought
and probably wrong. But that's my one

868
01:05:35.119 --> 01:05:39.519
wrinkle on the thing. And I
have to make a correction. And something

869
01:05:39.559 --> 01:05:44.800
I said because about the votes.
So actually I didn't realize this, but

870
01:05:45.119 --> 01:05:49.320
President Trump did not increase any share
of the black vote, actually black males.

871
01:05:50.079 --> 01:05:54.760
Yeah, but so it says I'm
looking at the data. It says

872
01:05:54.800 --> 01:06:00.000
that Trump's share of the black mail
vote fell from fourteen percent twenty sixteen to

873
01:06:00.119 --> 01:06:04.800
twelve percent in twenty twenty, so
it actually went down where actually, now

874
01:06:04.800 --> 01:06:09.679
this is interesting, where Trump's share
the vote went up. This is I

875
01:06:09.719 --> 01:06:14.079
see. This I had not realized
was that it went up amongst Hispanics.

876
01:06:14.480 --> 01:06:17.840
So Trump got ten percent more vote. He got, his share the vote

877
01:06:17.840 --> 01:06:24.199
went from twenty eight to thirty eight
percent amongst Hispanics, even though he was

878
01:06:24.239 --> 01:06:29.079
portrayed by the media as being anti
Hispanic and anti immigrant. I mean,

879
01:06:29.079 --> 01:06:31.480
that's an incredible increase ten percent,
you know, to go to thirty eight

880
01:06:31.480 --> 01:06:35.000
percent amongst Hispanics. I mean he
got a little bit more than there's still

881
01:06:35.039 --> 01:06:41.320
there also would not be competitive elections
between but apparently his Trump's share the black

882
01:06:41.400 --> 01:06:45.280
vote actually went down between twenty sixteen
and twenty twenty. I didn't realize that.

883
01:06:45.599 --> 01:06:49.360
Yeah, there's there's some people can
test those results, but and there's

884
01:06:49.360 --> 01:06:54.360
other surveys that get different numbers,
and also there's sort of generic surveys that

885
01:06:54.400 --> 01:06:58.360
show Republican support rising, and also
I think in different places too. I

886
01:06:58.400 --> 01:07:01.559
don't know. Yeah, well,
I just didn't want to lead anyone a

887
01:07:01.599 --> 01:07:09.239
straight Yeah, well, all right, other than you tube. So Kemla

888
01:07:09.239 --> 01:07:12.639
Harris had something this week about frogs. It was about the old frogs and

889
01:07:12.679 --> 01:07:15.400
a business, and she ended by
saying, so we should think more about

890
01:07:15.440 --> 01:07:20.639
frogs. I've been thinking about frogs
ever since the commalism is so I did

891
01:07:20.639 --> 01:07:24.679
a little more research on the quote, which was making the rounds on Twitter.

892
01:07:24.960 --> 01:07:30.119
So she was giving a speech to
the SEIU, one of the worst

893
01:07:30.280 --> 01:07:34.159
union rights right, the Service Employees
International Union. They had a meeting of

894
01:07:34.320 --> 01:07:41.000
union leadership in Philadelphia. And what
she was trying to talk about was she

895
01:07:41.280 --> 01:07:45.039
what she was thought she was describing. It's not apparent from the quote is

896
01:07:45.559 --> 01:07:49.679
she was talking. She was criticizing
conservatives for attacking the rights and freedoms of

897
01:07:49.719 --> 01:07:58.559
Americans. That's what the that's the
context of the quote and which exactly.

898
01:07:58.760 --> 01:08:02.719
So then she's trying to explain how
conservatives are attacking rights and she says,

899
01:08:02.800 --> 01:08:05.800
I here's the code. I think
of those two frogs. You know that

900
01:08:05.880 --> 01:08:11.519
story about two pots of water and
two frogs. So here's how it goes.

901
01:08:11.599 --> 01:08:14.559
There are two pots of water,
two frogs, and in one pot,

902
01:08:14.599 --> 01:08:16.279
you put the frog in the water
and you slowly turn up the heat,

903
01:08:16.520 --> 01:08:20.159
and that frog is just hanging out
as the heat just slowly gets hotter

904
01:08:20.479 --> 01:08:25.680
to the point that water starts to
boil, and that frog perishes in the

905
01:08:25.720 --> 01:08:28.600
other pot of water. You first
turn up that heat real high. The

906
01:08:28.680 --> 01:08:31.199
water is boiling. You drop that
frog in, he'll jump right up.

907
01:08:32.000 --> 01:08:35.439
The lesson there, As far as
I'm concerned, don't be that first frog.

908
01:08:38.640 --> 01:08:41.680
The first frog. By the way, I think that there's no why,

909
01:08:41.840 --> 01:08:44.840
not clear at all what this has
to do with the rough attack on

910
01:08:45.000 --> 01:08:47.960
rights and freedoms? Whose rights and
freedoms are being attacked and by whom?

911
01:08:48.000 --> 01:08:50.760
And you know, frogs are people
too? Are supposed to eat insects now

912
01:08:50.840 --> 01:08:55.359
not you know frog legs. Oh, you're not supposed to eat insects.

913
01:08:55.359 --> 01:09:00.159
You're supposed to eat fun guy.
They make bacon out of fun guy and

914
01:09:00.239 --> 01:09:06.119
chicken. Grown frog could be endangered
frog could be endangered frog? Well right,

915
01:09:06.760 --> 01:09:11.800
all right, you have a special
Babylon be for us. Lucretia's so

916
01:09:11.880 --> 01:09:16.199
hard, it's I can't it's so
hard. But I think I'm gonna go

917
01:09:16.279 --> 01:09:24.560
since you mentioned, uh, but
Biden inviting or letting Hunter come to the

918
01:09:25.039 --> 01:09:30.800
state dinner. There's two. The
first one is Biden don's feathered headdress to

919
01:09:30.880 --> 01:09:38.600
welcome Indian Prime Minister. I'll just
have to fake it. I love it.

920
01:09:39.520 --> 01:09:45.479
Hunter Hunter Biden causes chaos at the
Delaware District courtroom when he tries to

921
01:09:45.520 --> 01:09:54.439
weigh his cocaine on Lady Justice's scale. Oh boy, or Zelenski has already

922
01:09:54.479 --> 01:10:02.239
spent the next three accounting arrows.
So, by the way, I'll just

923
01:10:02.279 --> 01:10:08.119
mentioned apropos that I don't miss.
Dan Mahoney's article on the whole Ukraine situation

924
01:10:08.159 --> 01:10:10.279
just out in the American mind.
I think it's really good, a really

925
01:10:10.279 --> 01:10:13.479
good balance piece. Dan really knows
that part of the world well, and

926
01:10:13.680 --> 01:10:19.159
our erstwhile occasional well once a podcast
guest Kelly Jane Torrence is over in Ukraine

927
01:10:19.279 --> 01:10:25.319
right now, as we saw,
so sure that all of our defense contractors

928
01:10:25.319 --> 01:10:28.319
are getting tons of money. I
don't know, but I was gonna say,

929
01:10:28.399 --> 01:10:30.439
that's that's why they're having a civil
war rush. All of a sudden

930
01:10:32.319 --> 01:10:35.199
thought too, isn't it all right? Which one who is going to send

931
01:10:35.279 --> 01:10:41.920
us out for the night? John, always drink your whiskey, meat man,

932
01:10:42.079 --> 01:10:45.399
let's go, Brandon and Lucre.
I never got your part right.

933
01:10:46.000 --> 01:10:50.039
It's a don't forget to milk the
soft served power dividend. I never get

934
01:10:50.039 --> 01:10:55.119
it right either. But remember we
got to add one more. God save

935
01:10:55.239 --> 01:11:00.720
the queen. Man. Oh all
right, you're nice. Next week.

936
01:11:03.079 --> 01:11:11.239
My family's always been whiskey. It's
a simple, honest way to turn it

937
01:11:11.399 --> 01:11:19.319
down. The only trouble's been myncle
Sam. Now e've been trying to collect

938
01:11:19.399 --> 01:11:30.199
taxes all the time. Now this
ain't no ordinary shaping. The motor and

939
01:11:30.399 --> 01:11:40.079
suspension ain't the same whiskey, as
you know. It's very heavy and getting

940
01:11:40.239 --> 01:11:45.479
crew. It's what they call the
game. It's a dark rainy night.

941
01:11:45.840 --> 01:11:56.760
But like injins l and I to
get yeah, and in my making room

942
01:11:57.560 --> 01:12:09.439
to save work, I have to
bear aways. Kee Ricochet joined the conversation.

