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<v Speaker 1>This was a fascinating story, and I didn't get time

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<v Speaker 1>to address it last week. But it has to do

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<v Speaker 1>with Kamala Harris as the borders are, and I think

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<v Speaker 1>that the commentariat around it is kind of getting it wrong,

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<v Speaker 1>both on the left and the right. A little bit

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<v Speaker 1>on the right is getting it a little bit inaccurate.

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<v Speaker 1>The commentariat on the left is to basically try to

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<v Speaker 1>disappear the reality of Harris's involvement in the border and

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<v Speaker 1>make it appear as if the relative stability at the border,

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<v Speaker 1>as compared with the first three and a half years

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<v Speaker 1>of the Biden ministry or the first three years of

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<v Speaker 1>the Biden administration, all the border's fine. See, Biden got

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<v Speaker 1>it all under control after making it out of control

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<v Speaker 1>as soon as he came into office. So Harris, no,

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<v Speaker 1>Harris was doing fine. She was never the borders are.

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<v Speaker 1>And we had this silly fight last week for about

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<v Speaker 1>three or four days where everyone was peeing their pants

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<v Speaker 1>over the notion of whether or not Kamala Harris was

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<v Speaker 1>the borders Zar, which is such as she was never

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<v Speaker 1>the borders Zar, and you had these outlets trianngrily insisting

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<v Speaker 1>that she was never the borders are in spite of

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<v Speaker 1>the fact that they had written articles calling her the

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<v Speaker 1>border Zar. And it's such a silly thing to argue

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<v Speaker 1>about because clearly President Biden designated that he was going

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<v Speaker 1>to put her in charge of a lot of stuff

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<v Speaker 1>relating to the immigration problem that was emerging in the

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<v Speaker 1>first year of his presidency. And czar is not within

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<v Speaker 1>American government some formal title. It is an informal moniker

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<v Speaker 1>that the press puts on a person when they've been

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<v Speaker 1>designated in some way to be the point person, usually

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<v Speaker 1>for a presidential administration to tackle problem X, Y or Z.

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<v Speaker 1>So was she formally appointed the czar? No, there's no

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<v Speaker 1>formal appointment process for someone to be quote the borders are.

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<v Speaker 1>But President Biden designated that he was going to make

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<v Speaker 1>Kamala Harris ort of this point person for this and

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<v Speaker 1>it's that designation that I want to talk about. I

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<v Speaker 1>read this fascinating piece from National Review. You can read

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<v Speaker 1>it at my Twitter account Twitter dot com slash Fresno

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<v Speaker 1>Johnny at Fresno Johnny. It's written by Noah Rothman. It's

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<v Speaker 1>really interesting the ways in which Biden clearly did not

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<v Speaker 1>like Harris. And it's been my thesis all along. Biden

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<v Speaker 1>never wanted to pick Kamala Harris as his vice president.

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<v Speaker 1>He was forced to do so because Democrats felt pressure

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<v Speaker 1>to have their ticket include someone who wasn't an old

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<v Speaker 1>white guy, and because the donors liked Harris. Harris comes

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<v Speaker 1>out of California, she comes out of northern California. She

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<v Speaker 1>comes out of the Willie Brown magic circle of donors.

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<v Speaker 1>She was connected with Silicon Valley people. Donors loved Kamala Harris,

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<v Speaker 1>and they clearly foisted her upon Joe Biden. Biden had

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<v Speaker 1>no reason to like Harris. They had never worked together

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<v Speaker 1>their time in government, never overlapped. Biden leaves the vice

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<v Speaker 1>presidency when she starts in the US Senate, so they

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<v Speaker 1>have no history of working together in the Obama administration,

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<v Speaker 1>in the Senate, anywhere. And in fact, Harris tried in

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<v Speaker 1>a ham fisted way to call Joe Biden a racist

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<v Speaker 1>to his face during the debate, which apparently is something

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<v Speaker 1>that Jill Biden seems like a woman who holds a grudge,

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<v Speaker 1>never forgot, and never liked Harris. So what seems to

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<v Speaker 1>have happened is that Biden gets saddled with Harris drags

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<v Speaker 1>her across the finish line to win the election, and

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<v Speaker 1>then he proceeds to give her sort of ownership and

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<v Speaker 1>responsibility for problems he knows are not solvable, including the

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<v Speaker 1>border that basically Biden so little regarded her and so

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<v Speaker 1>disdained her, so disdained her ability or lack of ability

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<v Speaker 1>as a politician and as an executive, that he just

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<v Speaker 1>sort of dumped several of his problems into her portfolio

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<v Speaker 1>of stuff she worked on, and basically things that he

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<v Speaker 1>knew were not really solvable, he would sort of assign

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<v Speaker 1>to her so that she would take the blame and

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<v Speaker 1>look like an idiot. So here's the piece. Harris's record

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<v Speaker 1>is a story both of incompetence and of how little

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<v Speaker 1>faith her own allies have in her political acumen and

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<v Speaker 1>capabilities as an executive. Since Joe Biden announced his intention

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<v Speaker 1>to withdraw from American public life at the end of

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<v Speaker 1>his term, the Trump campaign and its Republican allies have

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<v Speaker 1>focused on their new opponents subpar performance handling border security.

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<v Speaker 1>The GOP strategy makes sense for all the media's efforts

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<v Speaker 1>to revise or even erase history. Harris was in function,

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<v Speaker 1>if not title, although even that, like title, no one

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<v Speaker 1>gets formally designated with this title in function, if not title,

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<v Speaker 1>was the Biden administration's Borders Zar. And yet the Republican

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<v Speaker 1>Party's approach to this messaging campaign has so far been

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<v Speaker 1>to frame Harris as a fully empowered functionary who nevertheless

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<v Speaker 1>bungled her charge. In reality, the Biden administration set Harris

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<v Speaker 1>up to fail as a way of providing the president

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<v Speaker 1>cover for his own dismal mishandling of the border. It

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<v Speaker 1>was only two months after Biden's inauguration, with all Trump's

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<v Speaker 1>COVID era restrictions still in place, that encounters between migrants

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<v Speaker 1>and patrol agents exploded at the US Mexico border, soon

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<v Speaker 1>to eclipse even pre pandemic highs. That same month, the

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<v Speaker 1>President tapped his vice president not to bring the crisis

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<v Speaker 1>under control, but to take the blame for it. So

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<v Speaker 1>here's the critical part. Harris was not empowered to oversee

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<v Speaker 1>the administration's policing efforts on the border. So these are

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<v Speaker 1>all the things that Biden didn't actually task Harris with.

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<v Speaker 1>She wasn't allowed to oversee policing efforts. She wasn't allowed

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<v Speaker 1>to spearhead negotiations on Capitol Hill for Congress to pass

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<v Speaker 1>new laws regulating asylum. She wasn't allowed to negotiate deportation

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<v Speaker 1>with countries beyond Mexico's borders from which most of the

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<v Speaker 1>migrants were coming. So again a lot of this at

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<v Speaker 1>that time, it was not Mexican migration. It was coming

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<v Speaker 1>from Central American countries south of Mexico. She was charged.

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<v Speaker 1>Here's the actual tasks she was given. She was charged with, quote,

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<v Speaker 1>talking to the leaders of Mexico and the nations that

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<v Speaker 1>make up Central America's northern triangle to address quote the

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<v Speaker 1>root causes of migration, gang violence, and trafficking and cartels,

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<v Speaker 1>as the president said at the time, but also natural

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<v Speaker 1>disasters hurricanes, floods, and earthquakes. Rothman, in his piece writes,

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<v Speaker 1>if the vice president had the power to mitigate phenomena

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<v Speaker 1>like that, she'd be overqualified to merely preside over the Senate.

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<v Speaker 1>In fact, as he writes, Harris wasn't granted any power

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<v Speaker 1>at all, and she treated the role with which she'd

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<v Speaker 1>been saddled like the burden that it was. Within weeks,

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<v Speaker 1>her conspicuous failure to even visit the border she'd been

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<v Speaker 1>tasked overseas became a political liability, won her lack of

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<v Speaker 1>political talent only made worse. But within a few months

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<v Speaker 1>of her accession to the role, Harris started producing the

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<v Speaker 1>only results she could. She got a commitment from twelve

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<v Speaker 1>private companies to quote invest in Central America. She was

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<v Speaker 1>able to deploy us A USA disaster team to provide

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<v Speaker 1>food assistance and poverty reduction, and she got three hundred

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<v Speaker 1>million dollars in humanitarian assistance. All this supposedly to mitigate

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<v Speaker 1>the push factors driving migrants north. Its effects were obviously negligible.

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<v Speaker 1>The initiative's failure came at no surprise to Kamala Harris

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<v Speaker 1>or her staff, so by twenty twenty one, Harris herself

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<v Speaker 1>was leaking to reporters about what a BS situation she

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<v Speaker 1>had been set up for. Harris's aids is Rothman writing here,

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<v Speaker 1>Harris's aids were telling reporters that they had begun to

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<v Speaker 1>panic over the torment to which Biden had consigned them.

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<v Speaker 1>As CNN reported at the time, her assignment was being

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<v Speaker 1>mischaracterized and could be politically damaging if she were linked

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<v Speaker 1>to the border, as indeed is happening right now, indeed

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<v Speaker 1>potential potentially opening her up to criticism for the handling

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<v Speaker 1>of the seemingly intractable problem was why Harris was tapped

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<v Speaker 1>to be the face of the administration's failures on the

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<v Speaker 1>border in the first place. So Biden was deliberately just

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<v Speaker 1>dumping his problems into Harris's lap so that she could

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<v Speaker 1>be the fall gal, not the fall guy. The fall

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<v Speaker 1>gal the President's staff, Rothman continues, never missed an opportunity

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<v Speaker 1>to undermine Harris's conduct in her new role, promulgating the

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<v Speaker 1>subtle implication that the horrors at the border were an

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<v Speaker 1>outgrowth outgrowth of her mismanagement of the crisis. The exercise

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<v Speaker 1>in misdirection was so effective for the Biden administration that

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<v Speaker 1>it went back to the same well on several subsequent occasions.

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<v Speaker 1>Harris was soon given the task of combating state level

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<v Speaker 1>Republican efforts to reform voting systems, over which she had

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<v Speaker 1>zero authority. The White House dispatched her to Europe to

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<v Speaker 1>stop Russia from invading Ukraine, three days before Russian forces

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<v Speaker 1>cascaded over the Ukrainian border, all the while White House

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<v Speaker 1>staff scoffed at her failures in on background conversations with

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<v Speaker 1>the press. Her portfolio is trash. Harris ally Bakari sellers

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<v Speaker 1>complain in October of twenty twenty one, those sentiments were

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<v Speaker 1>likely reflective of Harris's own consternation. Maybe I don't say

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<v Speaker 1>no enough, she half joked in an interview with b

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<v Speaker 1>Et that year. But the reported tensions between Harris's office

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<v Speaker 1>in Biden's staff, and the lingering hostility toward Harris nursed

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<v Speaker 1>by Jill Biden, who was said to have not forgiven

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<v Speaker 1>the Vice president for sandbagging her husband in the Democratic

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<v Speaker 1>Party's twenty nineteen primary debates, are indicative of why she

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<v Speaker 1>was treated like a receptacle into which the most thankless

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<v Speaker 1>and insurmountable tasks were dumped. And beyond that, there was

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<v Speaker 1>also constant leaking from the Biden camp that Harris was unelectable.

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<v Speaker 1>The president's staffers routinely retailed the notion that Harris was

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<v Speaker 1>unelectable to the presidency, in part because of how poorly

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<v Speaker 1>she managed the roles with which they had burdened her.

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<v Speaker 1>Engineering This self fulfilling prophecy served President Biden's purpose at

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<v Speaker 1>the time, which was to neutralize his most viable Democratic rival.

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<v Speaker 1>Isn't that amazing that Biden just viewed Harris as his

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<v Speaker 1>chief rival the chief person he had to be afraid

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<v Speaker 1>of unseating him for twenty twenty four, and so he

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<v Speaker 1>was actively undermining her the whole time politically, and his

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<v Speaker 1>staff was actively undermining her the whole time politically and

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<v Speaker 1>dumping all of his problem, all of his failures, just

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<v Speaker 1>getting dumped into her lap. So it is a thing

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<v Speaker 1>of like I think in general, Harris Harris has to

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<v Speaker 1>take responsibility for the failures of the Biden administration. If

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<v Speaker 1>she thought the Biden administration were such a sinking ship,

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<v Speaker 1>then she either needed to make her objection to things

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<v Speaker 1>known or resign so by which she never did. So

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<v Speaker 1>I think any vice president has to take some of

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<v Speaker 1>the crap for the failures of the administration she serves it.

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<v Speaker 1>But I do think it's really interesting how, in fact,

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<v Speaker 1>she wasn't really very empowered when it came to the border,

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<v Speaker 1>and that was by design. It was Biden deliberately trying

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<v Speaker 1>to set her up to look terrible, to take the

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<v Speaker 1>fall for him, and to damage her politically, because Biden

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<v Speaker 1>knew that once twenty twenty four came around and he

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<v Speaker 1>was eighty one years old, people would be people would

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<v Speaker 1>have the knives out for him. So obviously his effort

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<v Speaker 1>to do that it didn't quite work. When we return

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<v Speaker 1>the silliness in some ways of blaming Harris for Biden's problems,

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<v Speaker 1>at least from a governmental perspective. That's next on the

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<v Speaker 1>John Girardi Show. I thought this at the time when

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<v Speaker 1>Republicans were pushing for the impeachment of Alexandro Majorcis, and

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<v Speaker 1>I think this has to relate to Harris's failures at

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<v Speaker 1>the border. And we're talking about this really interesting piece

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<v Speaker 1>from National Review by Noah Rothman where he's detailing how, yeah,

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<v Speaker 1>it's not like Harris covered herself in glory with the border,

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<v Speaker 1>but it's actually kind of a more rather than just

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<v Speaker 1>a story of Harris being incompetent, it's really actually this

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<v Speaker 1>story of Biden deliberately dumping all of his problems, his

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<v Speaker 1>administration's most intractable failures, dumping them into Harris's lap, like

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<v Speaker 1>sort of publicly saying that she's going to be the

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<v Speaker 1>point person for X, Y or Z, but not actually

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<v Speaker 1>giving her the authority to do anything about it and so,

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<v Speaker 1>and thus putting these unsolvable problems into her purviews so

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<v Speaker 1>that she takes the fall for it, and she looks bad.

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<v Speaker 1>Why Because Biden hated Harris's guts and he saw her

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<v Speaker 1>as a threat to himself politically, which it turned out

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<v Speaker 1>she was, and so he would dump all of his

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<v Speaker 1>problems on her, including the border. And I sort of

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<v Speaker 1>thought this at the time with my orkus, like why

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<v Speaker 1>are the Republicans bothering and peaching Mayorcis? Is only one

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<v Speaker 1>person in the executive branch has ultimately executive authority, the President.

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<v Speaker 1>The executive power of the United States law enforcement power

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<v Speaker 1>in the United States government is vested in Article two

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<v Speaker 1>of the Constitution in one person, the President. All of

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<v Speaker 1>the inferior officers of the United States, all the inferior

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<v Speaker 1>officials who exercise some level of executive power, they are

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<v Speaker 1>exercising the President's delegated power, and thus they have to

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<v Speaker 1>do what they do in accordance with how the President

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<v Speaker 1>wants it done. And that's why I always thought impeaching

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<v Speaker 1>Maorcus was silly, Like Majorcus wasn't doing anything. The Republicans

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<v Speaker 1>wanted to impeach ma Orcis for the policies Maorcus was

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<v Speaker 1>adopting for how to regulate immigration, for how to regulate

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<v Speaker 1>the border. It wasn't for something like my orcus was

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<v Speaker 1>accepting bribes. It was stuff where my orcus was obviously

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<v Speaker 1>clearly carrying out the president's wishes. So if all my

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<v Speaker 1>orcus is doing is carrying out the president's wishes, Okay,

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<v Speaker 1>I get being upset with my Orcus. I get maybe

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<v Speaker 1>the argument that my orcus is doing things that are

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<v Speaker 1>contrary to law, or that they are lawless, or that

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<v Speaker 1>he's violating his oath of office. But ultimately the bigger

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<v Speaker 1>fish here is Biden. Why not impeach Biden over it?

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<v Speaker 1>If you're gonna impeach anybody at all, which maybe is

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<v Speaker 1>just a fool's Errand in general, impeach Biden, not my Orcus,

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<v Speaker 1>or my Orcus is just doing his job. He's just

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<v Speaker 1>doing what he's told. He is carrying out the executive

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<v Speaker 1>authority of the United States' wishes. And that executive authority

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<v Speaker 1>was Joe Biden. So it is a thing of like, yeah,

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<v Speaker 1>Harris is a failure in this regard, in that regard,

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<v Speaker 1>in this regard, in that regard, but all the authority

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<v Speaker 1>that Harris had was delegated. She would have no authority

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<v Speaker 1>unless it came to her from above to if I

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<v Speaker 1>may rip off the words of Christ to paunch the pilot.

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<v Speaker 1>All of the vice president's authority other than breaking ties

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<v Speaker 1>in the Senate, comes to her from the president, like

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<v Speaker 1>she only has jobs within the executive branch insofar as

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<v Speaker 1>the president wants to give her a job. And that's

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<v Speaker 1>kind of the interesting slash weird thing about the vice

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<v Speaker 1>presidency is that, frankly, it's kind of useless for governance.

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<v Speaker 1>I mean, you can get a vice president who is

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<v Speaker 1>super competent and you want to have help you with

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<v Speaker 1>all kinds of things and manage all kinds of stuff.

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<v Speaker 1>Or you can pick, you know, a total lummocks or

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<v Speaker 1>I don't know, you can pick a total doorknob who

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<v Speaker 1>just sits around and does nothing and helps you win

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<v Speaker 1>a swing state. And honestly, I think getting a dufist

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<v Speaker 1>who just helps you win a swing state at the

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<v Speaker 1>end of the day might be more useful because you

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<v Speaker 1>can just have other advisors advise you. You can have other

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<v Speaker 1>delegated people do the kinds of delegated things you would

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<v Speaker 1>have the vice president do. The vice president has no

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<v Speaker 1>authority on his or her own. And I think that's

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<v Speaker 1>the fascinating thing about Harris is that most of the

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<v Speaker 1>things that I mean, Look, you're the vice president. You

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<v Speaker 1>deserve to take crap for the failures of the administration

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<v Speaker 1>you serve under. And Harris should take some blame for

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<v Speaker 1>the crisis at the border, for this, for that the

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<v Speaker 1>other thing. If Harris was truly thought that the Biden

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<v Speaker 1>administration was doing stuff wrong and was not empowering her appropriately,

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<v Speaker 1>then she should have piped up about it. But she

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<v Speaker 1>never did so. I think she hasked to take the

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<v Speaker 1>crap for the failures of the Biden administration. But it

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<v Speaker 1>is interesting how Biden was really deliberately setting her up

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<v Speaker 1>to fail because of how much he seemingly loathed and

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<v Speaker 1>disdained her. When we return the bogus Supreme Court quote

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<v Speaker 1>reform rules that Biden is pushing now and Harris is

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<v Speaker 1>also embracing now. That is next on the John Girardi Show.

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<v Speaker 1>I've been talking the last several years about the ridiculous

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<v Speaker 1>and I'm hardly some uniquely insightful commentator or observer of

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<v Speaker 1>these things. By the way, a lot of smart lawyer

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<v Speaker 1>commentators have been seeing this same thing happening and predicting

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<v Speaker 1>what's coming down the pike. The constant barrage to create

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<v Speaker 1>a sort of fog of news, the constant barrage of

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<v Speaker 1>stories around individual members of the Supreme Court, and all

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<v Speaker 1>concerned all the conservatives, none of the liberals have ever

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<v Speaker 1>done anything that scans in spite of let's bring up

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<v Speaker 1>lots of examples of liberal justices doing all these same things.

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<v Speaker 1>Story after story after story after story over the last

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<v Speaker 1>three years have detailed ways allegedly in which conservative justices

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<v Speaker 1>on the Supreme Court engaged in alleged ethical improprieties. Clarence

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<v Speaker 1>Thomas was friends with this billionaire and took a bunch

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<v Speaker 1>of flights on his private jet. Chief Justice Roberts's wife

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<v Speaker 1>is a high powered attorney. She's kind of like an

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<v Speaker 1>attorney headhunter who helps big time law firms recruit kind

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<v Speaker 1>of partner level attorneys to move laterally to to new firms,

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<v Speaker 1>and she gets compensated very handsomely for that. Not exactly

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<v Speaker 1>a surprising thing that a Supreme Court justice is married

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<v Speaker 1>to a lawyer. That's happened many times before. Ruth Bader

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<v Speaker 1>Ginsberg's husband was a very high powered tax attorney in DC.

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<v Speaker 1>Amy Cony Barrett's husband was I think a former federal prosecutor,

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<v Speaker 1>and I think now he's got a practice in d C.

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<v Speaker 1>So John Roberts's wife is a very successful attorney as well,

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<v Speaker 1>but both this raises questions about propriet she trading in

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<v Speaker 1>on her husband's name inappropriately. Forever all the BS stories

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<v Speaker 1>about sam Alito, which, by the way, like the story

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<v Speaker 1>all we've discussed sam Alito's wife was flying an upside

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<v Speaker 1>down American. We know all about all the different flags

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<v Speaker 1>that the Alito family has flown outside their home, but

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<v Speaker 1>we only just learned a week or two ago that

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<v Speaker 1>the Biden administration hasn't had a cabinet meeting since before

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<v Speaker 1>the Israel war started in October of last year. By

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<v Speaker 1>the way, have you noticed no stories anymore, no leaks,

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<v Speaker 1>no stories anything about Biden being seen Isle anymore. After

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<v Speaker 1>two solid weeks of the press dumping all their notebooks out,

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<v Speaker 1>every story they had collected over the last three years

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<v Speaker 1>about how obviously senile Biden was book the vault, now

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<v Speaker 1>all of a sudden, we're silent. Anyway, So their story

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<v Speaker 1>after story after story about the Supreme Court justice, and

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<v Speaker 1>it's always the conservative justices being in some way corrupt,

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<v Speaker 1>violating ethics rules, not reporting gifts they received and everything

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<v Speaker 1>the Court was doing was in accordance with sort of

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<v Speaker 1>the ethical standards that the Court sort of sets for themselves.

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<v Speaker 1>And why does the Court set ethical standards for itself. Well,

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<v Speaker 1>lower courts abide by different kinds of ethics rules set

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<v Speaker 1>for them, but the Supreme Court is a kind of

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<v Speaker 1>coequal branch of government to the executive branch and the

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<v Speaker 1>legislative branch. And basically, excuse me, Basically, the Supreme Court

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<v Speaker 1>has sort of taken the posture of no, we can't

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<v Speaker 1>have the legislative branch mandating our terms of conduct for

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<v Speaker 1>us anymore so than we should be able to mandate

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<v Speaker 1>the terms of conduct for the executive branch or for

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<v Speaker 1>the legislative branch for how they do their jobs. We're

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<v Speaker 1>a co equal branch of government, so we'll have a

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<v Speaker 1>body of ethics rules, but it's our own body of

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<v Speaker 1>rules that we set for ourselves as a co equals

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<v Speaker 1>branch of government. And that's just the way it'll be,

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<v Speaker 1>much like Congress sets up Congress has rules and procedures

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<v Speaker 1>for kicking someone out of Congress for misconduct. That's how

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<v Speaker 1>we're going to run this. That Congress doesn't tell us

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<v Speaker 1>what to do. So now beyond that, beyond this ethics

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<v Speaker 1>thing where basically they've taken a bunch of non stories

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<v Speaker 1>and they've been able to gin up enough non stories

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<v Speaker 1>over the course of the last year that it creates

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<v Speaker 1>what I call the fog of news, where it doesn't

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<v Speaker 1>matter that the twenty stories or whatever it is, that

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<v Speaker 1>all twenty of them have been ludicrously you know, ludicrous

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<v Speaker 1>reaches to try to somehow say that conservative justices are

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<v Speaker 1>corrupt when really they aren't. There's nothing there. It doesn't

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<v Speaker 1>matter that none of the twenty stories work, the fact

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<v Speaker 1>that there have been so many story stories of alleged

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<v Speaker 1>corruption by conservative justices on the court and noticed that oh,

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<v Speaker 1>no liberal justice has ever done this, and a lot

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<v Speaker 1>of a lot of the stuff they're criticizing people for

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<v Speaker 1>it's stuff that the liberal justices did too. Oh, Clarence

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<v Speaker 1>Thomas accepted free flights when he was asked to go

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<v Speaker 1>speak at you know, such and such. Yeah, Ruth Bader

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<v Speaker 1>Ginsberg received free flights when she went and spoke over here.

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<v Speaker 1>Sonya sodomy Are received free this when she went to

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<v Speaker 1>speak over there. Elena Kagan, like, it's a lot of

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<v Speaker 1>it is stuff that the liberal justices have also done,

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<v Speaker 1>but it's not an ethical issue when Justice Bryer did it,

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<v Speaker 1>or when Justice Ginsburg did it, or when Justice sodomy

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<v Speaker 1>or does it. They even tried to make a story

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<v Speaker 1>out of Neil Gorsich, like he had a home in

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<v Speaker 1>Colorado and he was selling it and somehow this was

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<v Speaker 1>an ethics file. Almos another lawyer in Colorado, but some

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<v Speaker 1>Democrat lawyer in Colorado and courses was like, yeah, I

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<v Speaker 1>sold my house. I don't know how that can be

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<v Speaker 1>an I made money off the sale of my house. Okay,

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<v Speaker 1>that's not an ethics violation to sell your house. Now,

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<v Speaker 1>because they have this fog of news, as we call it,

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<v Speaker 1>they deliberately build up these phony, baloney stories in order

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<v Speaker 1>to justify proposals to in some way alter the makeup

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<v Speaker 1>of the Supreme Court and thereby get more liberal results,

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<v Speaker 1>because that's what they want. You have to understand how

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<v Speaker 1>fundamentally liberals think that the universe is not right, that

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<v Speaker 1>the universe is in fundamental disorder because the Supreme Court

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<v Speaker 1>is not controlled by liberals. They have controlled the Supreme

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<v Speaker 1>Court fundamentally. They have controlled the Supreme Court since nineteen

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<v Speaker 1>thirty seven. It's been their court, and any political issue

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<v Speaker 1>that they really cared about they could always count on

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<v Speaker 1>the Court to bail them out. I mean, they managed

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<v Speaker 1>to make abortion legal nationwide without us, without like a

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<v Speaker 1>single Democratic vote on the subject, just a snap of

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<v Speaker 1>our fingers. In nineteen seventy three, we went from a

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<v Speaker 1>country where most of the country outlawed abortion to every

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<v Speaker 1>single state in the Union had legal abortion for all

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<v Speaker 1>forty weeks of pregnancy for any reason. Snap of the fingers.

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<v Speaker 1>Gay marriage becomes the law of the land. With a

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<v Speaker 1>snap of the fingers. This that the other liberals have

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<v Speaker 1>fundamentally controlled the Supreme Court for all They fundamentally controlled

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<v Speaker 1>it for almost ninety years, for over eighty years, and

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<v Speaker 1>Ginsburg dying in September of twenty twenty and being replaced

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<v Speaker 1>by Amy Cony Barrett, they think is the greatest disaster,

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<v Speaker 1>the greater disaster than the Titanic, thinking it fundamentally puts

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<v Speaker 1>the universe in disarray, and particularly rov Wade being overturned,

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<v Speaker 1>that they cannot tolerate it. So conservatives who tolerated this

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<v Speaker 1>for almost ninety years and say, well, I guess we

401
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<v Speaker 1>got to do the hard work of electing presidents and

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<v Speaker 1>electing senators who believe in the more limited role for

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<v Speaker 1>the courts and who will start the federalist society and

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<v Speaker 1>will the hard work of working within the system. So

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<v Speaker 1>Conservatives like schmucks for eighty plus years kept their noses

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<v Speaker 1>to the grindstone until eventually winning enough elections, getting enough

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<v Speaker 1>presidents who are convinced of more limited role for the courts,

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<v Speaker 1>and got enough senators elected that they could both nominate

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<v Speaker 1>and confirm less liberal justices to the Supreme Court. And

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<v Speaker 1>now there is a six justice Republican majority, Republican appointee majority,

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<v Speaker 1>and Liberals having been out of power on the Supreme

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<v Speaker 1>Court for all of five minutes. Liberals are absolutely apoplectic

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<v Speaker 1>about it. And so Biden and Harris are proposing one

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<v Speaker 1>the idea of term limits for Supreme Court justices and

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<v Speaker 1>an ethics code. Now, the ethics code is problematic. It

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<v Speaker 1>would be problematic for Congress to pass a law imposing

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<v Speaker 1>an ethics code on the members of the Court again

418
00:30:51.400 --> 00:30:56.799
<v Speaker 1>for these sort of separation of powers arguments. But the

419
00:30:56.839 --> 00:31:00.440
<v Speaker 1>real thing, the thing that they really care about, the

420
00:31:00.440 --> 00:31:03.079
<v Speaker 1>ethics thing is a side issue. They don't actually care

421
00:31:03.079 --> 00:31:07.240
<v Speaker 1>about this ethics thing. They've made a big deal about

422
00:31:07.319 --> 00:31:12.000
<v Speaker 1>alleged ethical violations in order to rationalize the thing they

423
00:31:12.079 --> 00:31:16.319
<v Speaker 1>really want, which is term limits. And they want term limits. Now.

424
00:31:17.680 --> 00:31:20.200
<v Speaker 1>They never gave a crap about term limits for the

425
00:31:20.279 --> 00:31:25.799
<v Speaker 1>last again, almost ninety years. Why well, because they owned

426
00:31:25.839 --> 00:31:28.039
<v Speaker 1>the court for the last ninety years. They didn't want

427
00:31:28.160 --> 00:31:30.960
<v Speaker 1>term limits. They wanted those old geezers, those old liberal

428
00:31:31.039 --> 00:31:33.799
<v Speaker 1>geezers like Ruth Bader Ginsburg, hanging on for dear life

429
00:31:34.160 --> 00:31:42.240
<v Speaker 1>to the bitter end. But now that they've got you know,

430
00:31:42.359 --> 00:31:44.680
<v Speaker 1>they're staring down the barrel of Amy Cony. Barrett's going

431
00:31:44.720 --> 00:31:47.279
<v Speaker 1>to be on the Supreme Court for another thirty years. Now,

432
00:31:47.319 --> 00:31:54.359
<v Speaker 1>they're playing a different tune. So here's the problem. Now,

433
00:31:54.400 --> 00:31:56.920
<v Speaker 1>when we return, I'm going to talk about the constitutional problem.

434
00:31:57.000 --> 00:32:00.880
<v Speaker 1>The constitutional problem is that Article thread of the Constitution

435
00:32:01.440 --> 00:32:05.160
<v Speaker 1>guarantees lifetime appointments. When we return, we'll talk about the

436
00:32:05.200 --> 00:32:08.240
<v Speaker 1>absurd way that they're going to try to say, oh, well, well,

437
00:32:08.720 --> 00:32:10.720
<v Speaker 1>term limits for Supreme Court justices. You don't need to

438
00:32:10.759 --> 00:32:14.000
<v Speaker 1>amend the Constitution to do it. That is next on

439
00:32:14.039 --> 00:32:19.319
<v Speaker 1>the John Gerardi Show. President Biden and Vice President Harris

440
00:32:19.359 --> 00:32:23.839
<v Speaker 1>have introduced some proposals for quote reforming the Supreme Court,

441
00:32:23.920 --> 00:32:27.400
<v Speaker 1>one of which is an ethics code for Supreme Court justice,

442
00:32:27.440 --> 00:32:31.000
<v Speaker 1>a mandatory ethics code, as opposed to the Court imposed

443
00:32:32.640 --> 00:32:36.359
<v Speaker 1>the Court imposed ethics code, which the Court has a

444
00:32:36.400 --> 00:32:38.759
<v Speaker 1>self imposed ethics code for various kinds of separation of

445
00:32:38.799 --> 00:32:42.880
<v Speaker 1>powers reasons. But that's really a side show. The thing

446
00:32:42.960 --> 00:32:47.799
<v Speaker 1>that actually the liberals care about because they cannot stand

447
00:32:48.279 --> 00:32:52.480
<v Speaker 1>the disorder in the universe of Republican appointees being in

448
00:32:52.480 --> 00:32:54.480
<v Speaker 1>control of the Supreme Court for the first time, and

449
00:32:55.599 --> 00:32:59.440
<v Speaker 1>well more conservative leaning justices anyway, being in control of

450
00:32:59.440 --> 00:33:01.599
<v Speaker 1>the Supreme Court for the first time in eighty plus years.

451
00:33:02.400 --> 00:33:05.319
<v Speaker 1>The thing they really care about is term limits. Now,

452
00:33:05.680 --> 00:33:08.440
<v Speaker 1>at first, in that you might recall in the twenty

453
00:33:08.519 --> 00:33:11.799
<v Speaker 1>twenty campaign you had liberals saying we should we should

454
00:33:11.880 --> 00:33:14.440
<v Speaker 1>pack the court, we should increase the number of justices

455
00:33:14.680 --> 00:33:16.880
<v Speaker 1>so that Biden can appoint all the replacements. And I

456
00:33:16.920 --> 00:33:21.000
<v Speaker 1>think Democrats realize that's a very unpopular proposal. No one

457
00:33:21.039 --> 00:33:24.440
<v Speaker 1>was going to buy that, so they decided, well, what

458
00:33:24.559 --> 00:33:27.279
<v Speaker 1>sounds a lot more moderate than that, term limits. Term limits.

459
00:33:27.279 --> 00:33:33.559
<v Speaker 1>There you go. Here's the problem with term limits. Article

460
00:33:33.640 --> 00:33:39.079
<v Speaker 1>three of the Constitution says that the justices of the

461
00:33:39.119 --> 00:33:42.759
<v Speaker 1>Supreme Court or of any inferior courts established by Congress,

462
00:33:43.039 --> 00:33:49.640
<v Speaker 1>shall serve in good behavior. In good behavior is a

463
00:33:49.720 --> 00:33:56.000
<v Speaker 1>term of art, and it basically means for life. It's

464
00:33:56.000 --> 00:34:00.799
<v Speaker 1>not limited by a term of office. You're just allowed

465
00:34:00.839 --> 00:34:05.079
<v Speaker 1>to serve as long as you want. It's a lifetime appointment.

466
00:34:05.160 --> 00:34:08.559
<v Speaker 1>That's how just judge ships, including being on the Supreme

467
00:34:08.599 --> 00:34:13.599
<v Speaker 1>Court have been understood. Now. The idea that Biden cooked up,

468
00:34:13.639 --> 00:34:16.679
<v Speaker 1>and it sounds like it was Joe Biden called his

469
00:34:16.760 --> 00:34:20.880
<v Speaker 1>old buddy Larry Tribe. Lawrence Tribe was a retired law

470
00:34:20.920 --> 00:34:23.320
<v Speaker 1>professor at Harvard. Lawrence Tribe was kind of like the

471
00:34:23.400 --> 00:34:26.639
<v Speaker 1>peat best of liberal Supreme Court. Justice Pete Best was

472
00:34:26.880 --> 00:34:29.800
<v Speaker 1>the fifth Beadle, you know, the guy who almost made

473
00:34:29.800 --> 00:34:32.440
<v Speaker 1>it as a member of the Beatles but didn't quite so.

474
00:34:32.599 --> 00:34:35.320
<v Speaker 1>Lawrence Tribe was the would have could have should a

475
00:34:35.360 --> 00:34:37.840
<v Speaker 1>Liberal candidate for the Court. Everyone sort of thought that

476
00:34:37.920 --> 00:34:40.559
<v Speaker 1>maybe Bill Clinton would nominate him to the Supreme Court,

477
00:34:41.119 --> 00:34:43.920
<v Speaker 1>or maybe Barack Obama would nominate him to the Supreme Court,

478
00:34:44.079 --> 00:34:47.159
<v Speaker 1>and it just never quite worked out, never quite between. Well,

479
00:34:47.159 --> 00:34:50.679
<v Speaker 1>Clinton needed to appoint a woman this time, and Obama

480
00:34:50.800 --> 00:34:53.760
<v Speaker 1>was appointing this person just didn't didn't work out for

481
00:34:53.880 --> 00:34:59.760
<v Speaker 1>Larry Tribe. So he's a law professor at Harvard and he's,

482
00:35:00.039 --> 00:35:04.280
<v Speaker 1>you know, in his old age. He calls up, Biden

483
00:35:04.360 --> 00:35:07.559
<v Speaker 1>calls him up, a couple old geezers yacting on the phone,

484
00:35:08.079 --> 00:35:13.159
<v Speaker 1>and Tribe and Biden sort of cook up this idea. Well, okay, yeah,

485
00:35:13.199 --> 00:35:18.840
<v Speaker 1>the Constitution says in good behavior, so that's like a

486
00:35:18.880 --> 00:35:22.719
<v Speaker 1>lifetime appointment. So you know, we can't kind of you know,

487
00:35:24.159 --> 00:35:26.920
<v Speaker 1>if you want to change the Constitution, obviously you can't

488
00:35:26.960 --> 00:35:29.320
<v Speaker 1>do that with just a normal law passed by Congress.

489
00:35:30.599 --> 00:35:33.719
<v Speaker 1>So maybe what we should do then is say, well, no, no, no, no, no.

490
00:35:33.920 --> 00:35:37.599
<v Speaker 1>They still get a lifetime appointment, but basically they can

491
00:35:37.639 --> 00:35:40.079
<v Speaker 1>only serve on the Supreme Court for this many years

492
00:35:40.320 --> 00:35:42.280
<v Speaker 1>and then when they're done with that term, they get

493
00:35:42.320 --> 00:35:46.360
<v Speaker 1>to be the rest of their life appointment on one

494
00:35:46.360 --> 00:35:48.960
<v Speaker 1>of the lower courts. So maybe maybe you get kicked

495
00:35:49.039 --> 00:35:52.719
<v Speaker 1>down to, you know, whatever circuit you happen to live in.

496
00:35:52.840 --> 00:35:55.559
<v Speaker 1>So if you're from California, you're a point nominated the

497
00:35:55.599 --> 00:35:58.199
<v Speaker 1>Supreme Court, you serve there for all these years, when

498
00:35:58.239 --> 00:36:00.880
<v Speaker 1>you're done with your Supreme Court term, to go be

499
00:36:00.960 --> 00:36:06.000
<v Speaker 1>a judge on the Ninth Circuit Court. Of appeals, which

500
00:36:07.639 --> 00:36:14.280
<v Speaker 1>is bs that doesn't work. It's clearly the judgeship that's

501
00:36:14.360 --> 00:36:20.079
<v Speaker 1>protected for good behavior by the Constitution is that judgeship.

502
00:36:20.400 --> 00:36:23.679
<v Speaker 1>It's not the idea of you can just sort of

503
00:36:23.719 --> 00:36:26.440
<v Speaker 1>swap people around from this judge ship to an inferior

504
00:36:26.519 --> 00:36:29.440
<v Speaker 1>judge ship. And that is a thing that the Constitution

505
00:36:29.599 --> 00:36:35.079
<v Speaker 1>is very conscious of, is people getting jobs and getting

506
00:36:35.079 --> 00:36:42.960
<v Speaker 1>compensated for jobs, and the law is very conscious of

507
00:36:43.440 --> 00:36:48.280
<v Speaker 1>if you get a job taken from you, that can

508
00:36:48.440 --> 00:36:51.679
<v Speaker 1>create a cause of action for you to sue if

509
00:36:52.159 --> 00:36:57.280
<v Speaker 1>that compensation, if that work is taken if that office

510
00:36:58.159 --> 00:37:04.519
<v Speaker 1>was taken from you wrongly, or was taken from you unlawfully,

511
00:37:05.360 --> 00:37:07.920
<v Speaker 1>Like people being appointed to things and then having that

512
00:37:08.000 --> 00:37:11.519
<v Speaker 1>appointment taken away from them. That's a big act. So

513
00:37:11.639 --> 00:37:14.840
<v Speaker 1>the idea that, to me, it just seems preposterous to

514
00:37:14.880 --> 00:37:17.000
<v Speaker 1>me that the framers of the Constitution would say, oh,

515
00:37:17.159 --> 00:37:20.239
<v Speaker 1>judges can keep their judge ship either on the Supreme

516
00:37:20.280 --> 00:37:23.800
<v Speaker 1>Court or on one of the inferior courts in good behavior,

517
00:37:24.920 --> 00:37:27.920
<v Speaker 1>but can have a higher judge ship taken from them

518
00:37:27.920 --> 00:37:30.599
<v Speaker 1>based on an arbitrary deadline made up by Congress, some

519
00:37:30.760 --> 00:37:34.800
<v Speaker 1>arbitrary term made up by Congress and given a worse job,

520
00:37:36.280 --> 00:37:41.599
<v Speaker 1>a lower status job, which is what the circuit. It's undeniable.

521
00:37:41.639 --> 00:37:45.480
<v Speaker 1>The Supreme Court is supreme. Okay, It's a more important

522
00:37:45.599 --> 00:37:48.800
<v Speaker 1>job than being on the ninth Circuit or the DC

523
00:37:48.920 --> 00:37:50.760
<v Speaker 1>Circuit or the eighth Circuit, of the first Circuit, whatever.

524
00:37:51.400 --> 00:37:53.639
<v Speaker 1>It's undeniably a more important job. It's the court you

525
00:37:53.679 --> 00:37:59.000
<v Speaker 1>appeal up to. So these proposals from Biden and Harris,

526
00:37:59.039 --> 00:38:03.519
<v Speaker 1>I think are meant to excite the ultraliberals in the party,

527
00:38:03.639 --> 00:38:06.000
<v Speaker 1>but I don't think they could actually work. I think

528
00:38:06.000 --> 00:38:09.719
<v Speaker 1>they would face real constitutional problems because you'd have to

529
00:38:09.760 --> 00:38:12.840
<v Speaker 1>amend the Constitution. You can't amend the Constitution with a

530
00:38:12.880 --> 00:38:15.440
<v Speaker 1>simple bill. That'll do it for the John Girody Show.

531
00:38:15.440 --> 00:38:16.440
<v Speaker 1>See you next time on Power Talk.
