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<v Speaker 1>Well whiskey, come and take my pain, the moneys my way,

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<v Speaker 1>o whiskey.

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<v Speaker 2>Don't why think alone when you can drink it all

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<v Speaker 2>in with Ricochet's Three Whiskey Happy Hour.

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<v Speaker 3>Join your bartenders, Steve Hayward, John, You and the international

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<v Speaker 3>woman of Mystery, Lucretia.

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<v Speaker 1>Where this laps it happen? David, ain't you easy on

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<v Speaker 1>the should tap? Got to give me and let that

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<v Speaker 1>whiskey bloon.

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<v Speaker 4>Welcome everybody to this really super super special edition of

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<v Speaker 4>the Three Whiskey Happy Hour. We are actually taping this

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<v Speaker 4>at a time when all of us can drink whiskey.

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<v Speaker 4>Is anybody drinking whiskey? I see that John has in

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<v Speaker 4>his mouth a what kind of a cigar? Is as

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<v Speaker 4>a Cuban?

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<v Speaker 5>Okay, Dominican?

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<v Speaker 4>Dominican? And Steve is drinking something out of a stemless

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<v Speaker 4>wine glass? Yes, and what is that something? Steve?

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<v Speaker 2>You know what it is?

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<v Speaker 4>In a wine glass?

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<v Speaker 2>You can drink whiskey out of glass like this.

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<v Speaker 5>I had a Scotch. I just put it down something

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<v Speaker 5>like it was a fifteen year killed Kenny. I don't

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<v Speaker 5>know what I've had it before. Yeah, it comes from

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<v Speaker 5>our unnamed host, from our secret undisclosed location where I

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<v Speaker 5>have actually successfully kidnapped from the festivities. A secret, double

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<v Speaker 5>secret probationary guest, And.

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<v Speaker 4>That double secret probationary guest is our good friend and

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<v Speaker 4>expert on all things religious freedom. Phil Munos from Notre

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<v Speaker 4>Dame and Texas. Right.

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<v Speaker 5>Great to be with you, guys.

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<v Speaker 6>Yes, I'm a visiting professor at the University of Texas.

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<v Speaker 6>My home school is the University of Notre Dame.

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<v Speaker 4>And what are you drinking, mystery guests?

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<v Speaker 6>I was drinking a very nice tenure port. I don't

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<v Speaker 6>remember the name, but it was a tiny port.

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<v Speaker 5>It was quite quite lovely.

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<v Speaker 4>Yeah, women don't drink port. You know, it's not allowed,

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<v Speaker 4>really really, yeah, it's a man thing. You're supposed to.

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<v Speaker 4>Women are supposed to go do something, and the men

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<v Speaker 4>go to the study, the library, whatever.

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<v Speaker 5>You know, when the women, when the women leave in

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<v Speaker 5>those British TV shows, where do they go and what

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<v Speaker 5>are they doing?

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<v Speaker 2>I'm not quite sure matter because they're not funny, and it.

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<v Speaker 4>Doesn't it doesn't matter. Who cares is what it cans?

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<v Speaker 3>Phil, You poor man the crossfire here. I hope you

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<v Speaker 3>survive well.

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<v Speaker 4>Phil has some complaints. We're going to get to momentarily.

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<v Speaker 4>But the theme for tonight.

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<v Speaker 5>But the but the complaints are all about Lucretia and reviews. Oh,

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<v Speaker 5>get in the fox all that.

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<v Speaker 4>Yeah, I'm open. I am. I am so confident in

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<v Speaker 4>the rightness of my views that I will take all comers.

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<v Speaker 4>But before we get that far, I want to talk.

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<v Speaker 4>So we thought, what a couple of weeks ago that

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<v Speaker 4>we were done discussing the Judiciary and we could spend

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<v Speaker 4>the summer discussing our favorite books and all that other

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<v Speaker 4>nonsense that we talk about talking about over the summer

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<v Speaker 4>when we had time.

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<v Speaker 2>Progressive Rock. Don't forget the four No.

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<v Speaker 4>I told you, Steve, I'm signing off if you say

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<v Speaker 4>another word. Ugh, and anyway, So so Steve said, yeah,

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<v Speaker 4>I think we need to talk about the Judiciary a

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<v Speaker 4>little bit more. And I agree with him because some

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<v Speaker 4>stuff has happened since we last got together.

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<v Speaker 2>We thought we were done with the Supreme Court for

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<v Speaker 2>the summer, but no.

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<v Speaker 4>Thought and we were going to talk about our favorite books.

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<v Speaker 4>But we're not. We're going to talk about the judiciary,

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<v Speaker 4>and maybe next week we'll talk about our favorite books.

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<v Speaker 4>So let's start with the really important one, just right

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<v Speaker 4>off the top. That is important and isn't important at

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<v Speaker 4>the same time, it's the eight to one decision by

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<v Speaker 4>the Supreme Court that, as a matter of fact, it's

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<v Speaker 4>probably the case that the president can indeed fire employees

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<v Speaker 4>in the executive branch at work for him. Correct, John,

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<v Speaker 4>They're likely to come out on the merits with that decision.

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<v Speaker 5>So I think the case is actually less significant constitutionally,

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<v Speaker 5>but maybe more significant politically than you would get if

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<v Speaker 5>you're just reading the media reports. So the Court's decision

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<v Speaker 5>is really about controlling these trial judges, right the seven

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<v Speaker 5>hundred and fifty trial judges running around the country trying

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<v Speaker 5>to stop the Trump agenda. The grounds, though, are not

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<v Speaker 5>what we're hoping for, which is, oh, this is going

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<v Speaker 5>to be the case where the Court says the president

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<v Speaker 5>can fire every single person in the executive branch.

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<v Speaker 4>And overturn Humphrey's executive Humphrey's executor.

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<v Speaker 5>And you know what, we should ask Phil what he

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<v Speaker 5>thinks about Humphrey's executor because he has so many unorthodox

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<v Speaker 5>views from true conservative belief. You know the thing about

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<v Speaker 5>this case, I think is this judge down below said

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<v Speaker 5>Trump can't fire anyone in the entire executive branch I

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<v Speaker 5>enjoying you from firing anyone. They lifted that, and so

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<v Speaker 5>what can happen is Trump can fire somebody, but there's

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<v Speaker 5>a legal process set out in a statute that says, okay,

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<v Speaker 5>if you're a federal employee, then you file agrievments and

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<v Speaker 5>one of the agreements is can be you were fired illegally.

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<v Speaker 5>And there's this whole process, this whole judicial process created

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<v Speaker 5>to hear those claims. And so all the Supreme Court

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<v Speaker 5>could be doing because we don't know yet because all

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<v Speaker 5>they did was lifted this injunction is just say okay,

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<v Speaker 5>now you fired federal employees, go use this process and

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<v Speaker 5>then once you're done, it can come to the Supreme Court, but.

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<v Speaker 4>They remain fired, right or do most of it.

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<v Speaker 5>Well, when you go through this process, you can get

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<v Speaker 5>your job back at the end of it.

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<v Speaker 4>If you are fired at any point.

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<v Speaker 5>Yeah, so it could take years.

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<v Speaker 4>Yeah, it could take but in the meantime, in the meantime.

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<v Speaker 5>In the meantime, you're not coming to work, right.

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<v Speaker 4>But if they if they win their case at the end,

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<v Speaker 4>then they probably.

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<v Speaker 5>Get better and they get reinstated. They can get reinstated

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<v Speaker 5>even but that if that's all that happens. Then you

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<v Speaker 5>don't get the constitutional challenge of Humphrey's executor. You just

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<v Speaker 5>get the Supreme Court saying, Congress set up a process

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<v Speaker 5>for you, just like you and I might have a right.

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<v Speaker 5>You know, if Lucretia's fired to the mass you know,

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<v Speaker 5>applause of all the professors in their department, Well, I

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<v Speaker 5>get fired. Right. We have a procedure that's set up

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<v Speaker 5>by the law where we you know, file our grievments

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<v Speaker 5>and then.

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<v Speaker 4>The court that I've been fired three times in the

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<v Speaker 4>last month.

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<v Speaker 5>That's all three times. That's all. Like I said, that's all.

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<v Speaker 5>I never got fired Lucretia. Well, Ucritia, I, given all

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<v Speaker 5>the things you say, I would have thought you've been

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<v Speaker 5>fired at least once a year every year for the

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<v Speaker 5>last twenty five years.

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<v Speaker 4>I guess it finally caught up with say anyway, but

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<v Speaker 4>anyway we can.

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<v Speaker 5>I just add politically, it's more important because, as you're suggesting,

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<v Speaker 5>it allows Trump's agenda to try to slim down the

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<v Speaker 5>federal workforce to move forward. This is really the lesson

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<v Speaker 5>from the nationwide in junction case. The Supreme Court is

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<v Speaker 5>not going to tolerate single judges trying to control all

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<v Speaker 5>policy throughout the executive branch. That's the real constitutional issue.

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<v Speaker 6>But go ahead, phil Yeah, no, no, go ahead, please

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<v Speaker 6>ye Phil.

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<v Speaker 3>Well, I was going to say. The shocking thing to

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<v Speaker 3>me is not the legal argument necessarily. It was this

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<v Speaker 3>drama over Katanji Brown Jackson dissenting from the opinion and

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<v Speaker 3>summoning so do.

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<v Speaker 2>My or to say.

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<v Speaker 3>I mean, if you're read between the lines of saying,

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<v Speaker 3>do you even know what this case is about? I

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<v Speaker 3>mean it was an eight to one decision, and so

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<v Speaker 3>Jackson said, oh, I have to dissent because I you know,

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<v Speaker 3>I have opinions, as she explained in some interview here recently,

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<v Speaker 3>and I need to share my opinions with the world.

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<v Speaker 2>And I'm thinking that.

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<v Speaker 3>So, first of all, it was a stupid dissent. We'll

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<v Speaker 3>just say that on the marriage. But secondly, talk about

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<v Speaker 3>not reading the room and not knowing your audience and

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<v Speaker 3>when you're losing Soda Mayor and having Soda Mayor publicly

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<v Speaker 3>saying the issue you're complaining about are not before this court,

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<v Speaker 3>which is like did you even.

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<v Speaker 2>Go to law school?

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<v Speaker 3>I mean, it's unbelievable, and you know it shows once

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<v Speaker 3>again that Biden did us a oddly enough a backhanded

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<v Speaker 3>favor by appointing someone who has no cloud even with

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<v Speaker 3>the other liberal justices on the court.

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<v Speaker 2>I mean, let's remember that back in the glory days.

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<v Speaker 3>Of people like Tony Kennedy and David Souter, you know,

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<v Speaker 3>people like Kagan. I guess you came after those guys

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<v Speaker 3>are one of them anyway.

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<v Speaker 4>But.

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<v Speaker 3>Ginsburg and Briar and Kagan were very good at crafting

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<v Speaker 3>arguments to try and pull the centrist Republicans toward the

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<v Speaker 3>middle or even toward.

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<v Speaker 2>The left, with some success.

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<v Speaker 3>And instead you now have Jackson who not only is

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<v Speaker 3>going to anger the Republicans, but she's clearly anchoring even

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<v Speaker 3>the people from her own party. And that takes real talent,

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<v Speaker 3>and for that I salute Joe Biden for his splendid pick.

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<v Speaker 4>Bill.

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<v Speaker 6>Can I ask a question here on Jackson, do you

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<v Speaker 6>guys think she is has thought through why she's sticking

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<v Speaker 6>out this ground by herself. Is she trying to be

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<v Speaker 6>the far left justice that is just going to say

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<v Speaker 6>and take positions in a way just to take them

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<v Speaker 6>to set up the left side of the court.

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<v Speaker 4>Yes, So let me Steve made reference to an interview

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<v Speaker 4>we were talking about before you guys came on to

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<v Speaker 4>This was an ABC interview she did July fifth, something

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<v Speaker 4>like that, I am aware that people are watching. They

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<v Speaker 4>want to know how I'm going to because she's the

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<v Speaker 4>first black woman on the court, how I'm going to

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<v Speaker 4>perform in this job. And I'm doing my best work

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<v Speaker 4>as well as I can do, because i want people

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<v Speaker 4>to see and know that I can do anything, just

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<v Speaker 4>like anyone else. And then she says, when it's pointed

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<v Speaker 4>out that she's been in descent the most often, we

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<v Speaker 4>have very different opinions, and it's a tradition of the

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<v Speaker 4>Court that justices get to voice their opinions in the

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<v Speaker 4>context of their opinions and writings. She's chelling her camel

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<v Speaker 4>Anda ding Dong there, right, But but there's a more

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<v Speaker 4>serious point there based you know, back to what you said, Phil,

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<v Speaker 4>She thinks that her role on the Supreme Court is

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<v Speaker 4>just to promulgate leftist propaganda. Her opinion is the left

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<v Speaker 4>is right, so therefore that's what she ought to be doing,

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<v Speaker 4>and if she has to be in descent to do

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<v Speaker 4>it and talk more than anybody else in oral arguments,

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<v Speaker 4>that's what she's going to do well.

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<v Speaker 3>I think there's also there's ginsburg syndrome has gone to

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<v Speaker 3>her head. Remember how the Left made Ruth Bader Ginsburg

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<v Speaker 3>is great celebrity, you know, notorious RBG. You know, they

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<v Speaker 3>had movies about her and T shirts, and it was

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<v Speaker 3>one of the reasons I think Ginsburg decided to hang

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<v Speaker 3>on so long. You know, an ordinary justice. I think

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<v Speaker 3>President Obama, as he tried to do with Ginsburg, an

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<v Speaker 3>ordinary justice you could have could have persuaded to step down.

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<v Speaker 3>But I think Ginsburgh thought she was this larger than

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<v Speaker 3>life celebrity in a way that Kagan and Soda mayor

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<v Speaker 3>never will be and probably don't want to be actually,

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<v Speaker 3>And so I think Jackson's making the same mistake as Ginsburg,

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<v Speaker 3>except she doesn't have even half of Ginsburg's intellectual firepower.

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<v Speaker 6>So she's writing to be known, to have a brand,

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<v Speaker 6>to be a personality.

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<v Speaker 2>Yeah, I think so, yeah, yeah, you know.

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<v Speaker 4>Honestly, though, the Left is just so far gone and

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<v Speaker 4>the people they are celebrating these days, Jasmine Crockett, AOC Mendammy,

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<v Speaker 4>What the hell is his name? Why can't people have

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<v Speaker 4>normal names that I can remember? I like Namesbreag Phil

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<v Speaker 4>and Steve and John and Mark and Scott. I don't

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<v Speaker 4>want to hear any more. Mendmid mom. What's that justice today, Judge?

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<v Speaker 4>We saw mammy Wammy, Whammy, Sammy Dammy trimmed down.

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<v Speaker 6>This is this is why Lucretia is gonna get fired

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<v Speaker 6>next week.

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<v Speaker 4>I don't care.

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<v Speaker 5>Actually, I think she's been prospectively fired for what she

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<v Speaker 5>will say. You have to listen.

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<v Speaker 4>Wait a minute. Both my family and my husband's family,

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<v Speaker 4>when they came over as immigrants, they made their names American. Okay,

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<v Speaker 4>why can't these people come over and have American names?

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<v Speaker 4>You know? Why can't they go for me, Bob Dylan.

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<v Speaker 5>That's worse than that, Lucretia. They are Americans born and bred,

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<v Speaker 5>and they deliberately make up weird fake names. Right, that's

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<v Speaker 5>even worse is and then it's not like they came

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<v Speaker 5>here and didn't anglicize their names.

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<v Speaker 2>They ready had.

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<v Speaker 3>For the listeners who aren't wondering what we're talking about,

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<v Speaker 3>because this is something that broke late today Thursday. Federal

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<v Speaker 3>judge who said something about can I arrest people outside

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<v Speaker 3>home people or something like that, But the name of

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<v Speaker 3>the federal judge is and again I a little bit

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<v Speaker 3>with the cretia here is hard to pronounce. It looks

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<v Speaker 3>like it's Mammy Woosie mensa fri so Judge I like

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<v Speaker 3>it anyway.

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<v Speaker 5>So still, did you ever what is.

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<v Speaker 2>Who knows sounds? Is that a Filipino name?

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<v Speaker 4>You look it up? While I asked Philip question, did

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<v Speaker 4>you ever see on the big thing on social media

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<v Speaker 4>somebody saying Who's who? Are you kidding that that the

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<v Speaker 4>Apostles had name like names like Mark and Andrew? Those

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<v Speaker 4>are white names.

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<v Speaker 6>Who thinks.

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<v Speaker 2>Reast?

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<v Speaker 4>Someone wrote that, yes, okay, sorry that we just got

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<v Speaker 4>way for Philip. I'm sorry, but there's the answer to

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<v Speaker 4>your question. Phil I do think she wants to stake

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<v Speaker 4>out a position and be be the be the unthinking

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<v Speaker 4>leftist like AOC. I honestly think that the the left

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<v Speaker 4>is celebrating people that are dumb on purpose. You know,

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<v Speaker 4>AOC's dumb, Jasmine Crockett's dumb men Dommy day, Mommy couldn't

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<v Speaker 4>get into Colombia.

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<v Speaker 5>They're both they're the two women are undeniably attractive, that's

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<v Speaker 5>part of it, isn't And they're undeniably racial minorities.

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<v Speaker 4>Listen, fat.

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<v Speaker 5>But but but they that's what they choose in their spokespeople.

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<v Speaker 2>Right.

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<v Speaker 5>They want a kind of racial celebrity, right, I mean,

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<v Speaker 5>like your favorite the what did you call her? I

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<v Speaker 5>can't remember her name, Kareem Jean Paul Sartre's. I'm sorry,

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<v Speaker 5>I forgot that. I shouldn't have actual you know what?

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<v Speaker 2>This is?

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<v Speaker 3>The old Lucretian has shown up tonight because the two

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<v Speaker 3>three weeks ago she was saying nice things.

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<v Speaker 2>About Kareem, John Pierre Paul, Right, that's.

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<v Speaker 4>Just you know, I was saying nice things about about.

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<v Speaker 2>Roberts You like you were like in a very good

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<v Speaker 2>mood that night or something, because it.

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<v Speaker 4>Was no unlike most people. I am. But I'll give

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<v Speaker 4>John credit for this too. I am fair if I

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<v Speaker 4>I somebody isn't right, because I usually agree with them

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<v Speaker 4>or I'm on their side. If they make the right argument,

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<v Speaker 4>I will support them. And if Jasmine Crockett or Kittie

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<v Speaker 4>could ever actually articulate a thought, I might agree with it.

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<v Speaker 4>It's not beyond the realm of possibility. But uh, I

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<v Speaker 4>never I haven't heard one yet. I really like the

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<v Speaker 4>name that the White House gave to Jasmine Crockett. Did

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<v Speaker 4>you hear that? It's my favorite jasmine jellyfish because she

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<v Speaker 4>has the brain of a jellyfish. Is that great? Okay?

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<v Speaker 4>Our good friend Phil, who usually thinks I'm absolutely right

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<v Speaker 4>about everything, has a bone to pick with something I

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<v Speaker 4>said a couple of weeks ago. Of course, that's when

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<v Speaker 4>he's right. He's probably not right here, but we're going

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<v Speaker 4>to give him a chance to explain himself. He didn't

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<v Speaker 4>like my explanation, or perhaps it was my analysis of

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<v Speaker 4>the mood case having to deal with whether or not

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<v Speaker 4>parents could opt out of having their children learn their

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<v Speaker 4>their five year olds learn about sex transitions. And it's

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<v Speaker 4>so awfully I can't even talk about it. But please

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<v Speaker 4>explain to our listeners because it will make some of

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<v Speaker 4>them very happy for them to hear somebody sam wrong

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<v Speaker 4>what it was I got wrong on that? Phil?

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<v Speaker 5>All right, So here here, here's my dick.

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<v Speaker 6>And let me just say, usually, you guys and listening

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<v Speaker 6>to you, have my earbuds in in my basement gym

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<v Speaker 6>doing squats and deadlifts, and then John says something outrageous

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<v Speaker 6>and I'm afraid I'm going to hurt my back, and

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<v Speaker 6>so it's I notice.

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<v Speaker 5>How Phil threw in there. There is an enormous body.

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<v Speaker 6>Yeah, so it's great to be with you. I listen

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<v Speaker 6>every week every week, so you.

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<v Speaker 5>You and the other for Straussians who went to Claremont

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<v Speaker 5>McKenna have wives.

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<v Speaker 4>Okay, mood, my mood.

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<v Speaker 6>So I actually think this was a defeat for social

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<v Speaker 6>conservatives and no one agrees with me on this. And

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<v Speaker 6>here's the thing. If you read the case, the books

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<v Speaker 6>that were in these schools, and these are I have

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<v Speaker 6>a second grader, Uh, these books are being talked to

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<v Speaker 6>second graders, really young kids. They're terrible, and it's shocking

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<v Speaker 6>if you actually go in and that. There's lots of

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<v Speaker 6>details in the case, in the in the opinions they

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<v Speaker 6>write about what these books are. And I think most

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<v Speaker 6>most parents, most Americans would be shocked if they saw

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<v Speaker 6>that these books were being taught or read to or

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<v Speaker 6>made available to really young kids and the parents were objecting.

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<v Speaker 6>In fact, so many parents were objecting that this too

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<v Speaker 6>was in in the case that the reason they thought

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<v Speaker 6>parent opt outs were unworkable is because so many parents

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<v Speaker 6>were objecting. What I see going on is these parents saying,

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<v Speaker 6>we don't want this stuff, this nonsense in our schools.

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<v Speaker 5>And I think.

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<v Speaker 6>If the court did not step in what would have happened?

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<v Speaker 6>And I think justice so Tomor is right here.

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<v Speaker 5>Say that again, did you know, get it under his breath?

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<v Speaker 5>So I went that on the record.

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<v Speaker 6>I think justice so too. My Or was right that

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<v Speaker 6>these things are handled democratically, which means that the parents

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<v Speaker 6>were outraged and they were going to go after control

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<v Speaker 6>of these schools. And when I think is going to

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<v Speaker 6>happen now that the parents won, Supposedly the parents can

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<v Speaker 6>opt out, but these books are still going to be

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<v Speaker 6>in the schools, and so like, what's going to happen

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<v Speaker 6>next year?

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<v Speaker 5>Okay, your kids, if.

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<v Speaker 6>You don't want you your kids don't have to be

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<v Speaker 6>exposed to these books, but all their friends are going

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<v Speaker 6>to be exposed to their books.

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<v Speaker 5>And these books are.

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<v Speaker 6>Still going to be in the schools. And if winning

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<v Speaker 6>is the books are still in the schools, that's not winning.

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<v Speaker 3>Yeah, I see that point. You know, I've had a

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<v Speaker 3>parallel argument. I think it's parallel argument over the years

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<v Speaker 3>about California's initiative process going back forty years more than

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<v Speaker 3>that of fifty years now. Conservatives have won at the

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<v Speaker 3>ballot box, often Prop thirteen, most famously, But you'll Prop

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<v Speaker 3>two oh nine, you can go down the list of them.

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<v Speaker 3>You were around for some of those, you were in

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<v Speaker 3>graduate school, right, And I often used to say, if

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<v Speaker 3>you didn't have that safety valve, then maybe the people

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<v Speaker 3>of California would have voted differently because they would have said,

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<v Speaker 3>wait a minute, we don't want our governor, you know,

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<v Speaker 3>to not give us our money back and so forth,

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<v Speaker 3>and so it deludes political accountability.

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<v Speaker 2>So the parallel here, I get your point.

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<v Speaker 3>The parallel here is you've given a safety valve to

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<v Speaker 3>parents to opt out, and good for them, and I

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<v Speaker 3>guess they'll fill the asset. Sorry, I think I like

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<v Speaker 3>the logic of your argument, and.

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<v Speaker 2>I agree with it.

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<v Speaker 3>The counterpoint would be, how did the education establishment react

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<v Speaker 3>well with horror? Because they see this as an assault

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<v Speaker 3>on their overwhelming control and compulsion of public schools. They

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<v Speaker 3>see it as another step towards school choice and the

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<v Speaker 3>disaggregation of the public schools.

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<v Speaker 2>And the extent that's right.

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<v Speaker 3>I think that's an argument in favor of the opt

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<v Speaker 3>out as a baby step towards things.

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<v Speaker 2>But I think that maybe you're right.

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<v Speaker 3>So Di my or threw down a gauntlet that our

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<v Speaker 3>team should have picked up and run with.

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<v Speaker 4>So wait a minute, So my oarse said some dumb

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<v Speaker 4>stuff about if they don't like their kids in school

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<v Speaker 4>in public school, take them elsewhere. Well, right, let's not

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<v Speaker 4>forget that. So let me make the counter argument that

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<v Speaker 4>I think makes more sense, Steve. And counter argument is

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<v Speaker 4>that everything, everything was moving in one direction having to

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<v Speaker 4>do with transgender, transgender things in women's sports, and you know,

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<v Speaker 4>across the board, the Biden administration was shoving it down

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<v Speaker 4>our throats in every possible way. And then Trump comes

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<v Speaker 4>along and he says, Kamala Harris is for they them,

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<v Speaker 4>I'm for you, which you know everyone says. It is

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<v Speaker 4>like one of the turning points in the campaign. I

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<v Speaker 4>don't know, but since that time we have seen a

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<v Speaker 4>steady erosion, or at least a stopping of the forward

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<v Speaker 4>movement of the transgender initiative. And that I think is

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<v Speaker 4>another step in saying, I mean, if the court had said,

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<v Speaker 4>if the Court had taken the case and said something different,

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<v Speaker 4>now you could be right that they never should have

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<v Speaker 4>taken the case, but if they had said something different,

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<v Speaker 4>it would have been another notch in favor of a

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<v Speaker 4>permanent class protection for transgender what I don't even know

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<v Speaker 4>to call them, you see my point. I see a

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<v Speaker 4>sea change moving in the other direction now, and people

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<v Speaker 4>are not afraid any longer to say I don't want

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<v Speaker 4>my kids, I don't want my kids seeing that, I

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<v Speaker 4>don't want my kids going to drag queen shows. I

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<v Speaker 4>don't want my kids having, you know, drag queens at

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<v Speaker 4>the library, and people are less afraid to push back

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<v Speaker 4>on it.

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<v Speaker 6>I think you got to think through what does what

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<v Speaker 6>does winning look like? Does winning look like the books

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<v Speaker 6>are in the school but my kid is excused to

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<v Speaker 6>sort of awkward? Or is winning getting the books out

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<v Speaker 6>of the schools? If winning is getting the books out

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<v Speaker 6>of the schools, I don't think the case helps the

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<v Speaker 6>decision helps because for all the reasons you just said,

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<v Speaker 6>all moment, look, once the parents saw what was in

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<v Speaker 6>these books, they don't.

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<v Speaker 2>Want these books.

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<v Speaker 6>And now if I'm if I'm a progressive, I'm realizing, Wow,

427
00:23:13.039 --> 00:23:15.640
<v Speaker 6>they're not taking the books out of school, and we

428
00:23:15.680 --> 00:23:17.519
<v Speaker 6>can just say to those parents who are objecting, Okay,

429
00:23:17.559 --> 00:23:20.119
<v Speaker 6>your kids don't have to go, and we still control

430
00:23:20.119 --> 00:23:23.000
<v Speaker 6>what books are in the school. So I don't think

431
00:23:23.000 --> 00:23:23.799
<v Speaker 6>that's really winning.

432
00:23:25.160 --> 00:23:28.559
<v Speaker 4>Yeah, I just think it's a had it gone the

433
00:23:28.599 --> 00:23:31.200
<v Speaker 4>other way, had it gone the other way, it would

434
00:23:31.240 --> 00:23:35.880
<v Speaker 4>have been a defeat the idea that the court could

435
00:23:35.920 --> 00:23:40.720
<v Speaker 4>have possibly decided that parents cannot opt out of what

436
00:23:41.839 --> 00:23:44.960
<v Speaker 4>you know, that this kind of horror being taught to

437
00:23:45.000 --> 00:23:48.319
<v Speaker 4>their children. I guess again, you can say that the

438
00:23:48.319 --> 00:23:50.759
<v Speaker 4>court never should have taken up the issue, but once

439
00:23:50.799 --> 00:23:52.799
<v Speaker 4>they took it up, they had to decide this way

440
00:23:52.880 --> 00:23:57.920
<v Speaker 4>because the alternative is horrific. It's the kind of the

441
00:23:57.960 --> 00:24:00.200
<v Speaker 4>same argument I've had with Hadley. It's not fairy is

442
00:24:00.240 --> 00:24:04.960
<v Speaker 4>not here. But if the court had decided somehow that

443
00:24:05.440 --> 00:24:12.079
<v Speaker 4>transsexuals were a suspect category and therefore deserved all the

444
00:24:12.079 --> 00:24:16.599
<v Speaker 4>protection suspect categories, that would have been disastrous. The fact

445
00:24:16.640 --> 00:24:18.680
<v Speaker 4>that they didn't go as far as they should have

446
00:24:19.680 --> 00:24:21.759
<v Speaker 4>that wasn't before the case here, I mean, yeah, I

447
00:24:22.319 --> 00:24:24.799
<v Speaker 4>My comment was, how is it possible that this wasn't

448
00:24:24.799 --> 00:24:27.559
<v Speaker 4>a case about getting those damn books away from children

449
00:24:27.680 --> 00:24:30.920
<v Speaker 4>all together? That's which the case should have been.

450
00:24:30.960 --> 00:24:33.480
<v Speaker 2>Sure completing would have been.

451
00:24:33.519 --> 00:24:35.519
<v Speaker 3>But also, aren't we mixing up the scir Many case

452
00:24:35.519 --> 00:24:37.160
<v Speaker 3>a little bit, because that's the one that raised the

453
00:24:37.240 --> 00:24:38.200
<v Speaker 3>question about.

454
00:24:38.359 --> 00:24:41.480
<v Speaker 4>Yeah, no, no, a different case. Yeah, yeah, okay, not

455
00:24:41.559 --> 00:24:43.599
<v Speaker 4>mixing it up. I was referring to a different case. Sorry,

456
00:24:43.599 --> 00:24:45.039
<v Speaker 4>it didn't make that care anyway.

457
00:24:45.039 --> 00:24:48.400
<v Speaker 5>I have one of the kind of different response to phil.

458
00:24:48.440 --> 00:24:50.640
<v Speaker 5>That's more. I think the way a lawyer would think

459
00:24:50.680 --> 00:24:55.079
<v Speaker 5>of it is, you know, why would religious freedom be

460
00:24:55.160 --> 00:24:57.160
<v Speaker 5>the right amongst all the rights and the Bill of

461
00:24:57.240 --> 00:25:00.599
<v Speaker 5>Rights that you would not judicially enforce. You could make

462
00:25:00.640 --> 00:25:04.400
<v Speaker 5>a similar argument that you should rely on the legislature

463
00:25:04.519 --> 00:25:07.440
<v Speaker 5>and expect them to enforce the Constitution for the other

464
00:25:07.519 --> 00:25:11.519
<v Speaker 5>Bills of Rights too, rights there too. So I think

465
00:25:11.559 --> 00:25:14.799
<v Speaker 5>the curious effect for me as a lawyer is, here's

466
00:25:14.799 --> 00:25:17.279
<v Speaker 5>a right that's in a list, and all the other

467
00:25:17.359 --> 00:25:19.920
<v Speaker 5>rights in the list are enforced by the court. Right,

468
00:25:20.000 --> 00:25:22.359
<v Speaker 5>all the criminal procedure rights are enforced by the court.

469
00:25:23.200 --> 00:25:25.799
<v Speaker 5>Why do we single out religious freedom as the one

470
00:25:25.839 --> 00:25:29.680
<v Speaker 5>that the courts will not enforce and will expect political

471
00:25:29.720 --> 00:25:32.519
<v Speaker 5>protection and resolution for. Why don't we apply that rule

472
00:25:32.559 --> 00:25:34.559
<v Speaker 5>to all the other Bill of Rights protections too.

473
00:25:36.279 --> 00:25:39.599
<v Speaker 6>It's a challenge to fail, I think, Well, I don't

474
00:25:39.599 --> 00:25:42.240
<v Speaker 6>want to derail the show, but let me.

475
00:25:42.240 --> 00:25:42.480
<v Speaker 3>Give it.

476
00:25:44.359 --> 00:25:47.559
<v Speaker 5>Ready, just by being here, you've derailed the show.

477
00:25:47.640 --> 00:25:49.359
<v Speaker 2>Do you rail away.

478
00:25:52.759 --> 00:25:55.279
<v Speaker 5>When you're listening to yourself talking when you're lifting one

479
00:25:55.319 --> 00:25:58.400
<v Speaker 5>hundred and thirty five pounds and break your knee or

480
00:25:58.400 --> 00:25:59.960
<v Speaker 5>whatever you do down in your basement.

481
00:26:03.519 --> 00:26:08.880
<v Speaker 6>All right, So the First Amendment, the religion clauses are

482
00:26:08.920 --> 00:26:14.559
<v Speaker 6>doing different work, and they're prohibiting the State Congress and

483
00:26:14.599 --> 00:26:19.240
<v Speaker 6>now the states from doing something else. With the free

484
00:26:19.240 --> 00:26:22.599
<v Speaker 6>exercise clause is much more precise. It's the protection that

485
00:26:22.640 --> 00:26:25.359
<v Speaker 6>says government can't tell you how to pray, that you

486
00:26:25.440 --> 00:26:27.599
<v Speaker 6>must go to church, that you can't go to church.

487
00:26:27.880 --> 00:26:29.759
<v Speaker 6>We're going to find you if you don't go to

488
00:26:29.799 --> 00:26:35.720
<v Speaker 6>go to church. That's what it's doing. Its work is

489
00:26:35.759 --> 00:26:41.480
<v Speaker 6>not to shield religious individuals from laws that everyone else.

490
00:26:43.160 --> 00:26:43.839
<v Speaker 5>Are subject to.

491
00:26:44.960 --> 00:26:48.680
<v Speaker 6>So I've never I mean, you guys know this. I

492
00:26:48.680 --> 00:26:52.480
<v Speaker 6>don't think it's a blanket protection to protect anything religious

493
00:26:52.480 --> 00:26:56.200
<v Speaker 6>people are interested in or feel that the religious beliefs

494
00:26:56.240 --> 00:27:00.720
<v Speaker 6>are compel them to participate in this part the public square,

495
00:27:00.799 --> 00:27:03.000
<v Speaker 6>or don't participate in this part of the public square.

496
00:27:04.160 --> 00:27:07.200
<v Speaker 6>I just don't think that the religion clauses were originally

497
00:27:07.240 --> 00:27:08.480
<v Speaker 6>designed to do.

498
00:27:08.359 --> 00:27:09.240
<v Speaker 5>That broad work.

499
00:27:09.319 --> 00:27:11.920
<v Speaker 6>Rather, they had a narrow function, which is to say

500
00:27:11.920 --> 00:27:16.160
<v Speaker 6>that there's part of our natural liberty, are the way

501
00:27:16.200 --> 00:27:19.240
<v Speaker 6>we worship, or if we even don't worship, and that's

502
00:27:19.440 --> 00:27:21.279
<v Speaker 6>out of bounds for government to regulate.

503
00:27:24.720 --> 00:27:28.000
<v Speaker 5>Yo, does it make sense from a lawyer's perspective about

504
00:27:28.119 --> 00:27:29.440
<v Speaker 5>enforceability of rights?

505
00:27:29.559 --> 00:27:32.440
<v Speaker 6>But well, so it's not a right, it's not part

506
00:27:32.480 --> 00:27:36.200
<v Speaker 6>of the right. It's a question like what you're creating

507
00:27:36.240 --> 00:27:37.799
<v Speaker 6>something that's not originally there.

508
00:27:38.400 --> 00:27:41.319
<v Speaker 4>To a certain extent based upon the way you frame

509
00:27:41.400 --> 00:27:44.359
<v Speaker 4>the question, John, which is that why are the criminal

510
00:27:44.480 --> 00:27:48.480
<v Speaker 4>justice rights? Why do we expect the court to enforce

511
00:27:48.680 --> 00:27:53.039
<v Speaker 4>those through judicial decision making on our behalf? But we shouldn't,

512
00:27:53.319 --> 00:27:58.039
<v Speaker 4>according to Phil have the court enforce free exercise establishment

513
00:27:58.079 --> 00:27:59.960
<v Speaker 4>clause and so forth. I mean, I can make an

514
00:28:00.119 --> 00:28:04.000
<v Speaker 4>argument that because the courts made this argument. I mean,

515
00:28:04.240 --> 00:28:06.680
<v Speaker 4>this is not my brilliance coming through here. This is

516
00:28:06.720 --> 00:28:10.599
<v Speaker 4>the court's argument earlier on, which is that you know

517
00:28:11.119 --> 00:28:14.480
<v Speaker 4>that the courts have to have the integrity of the courts,

518
00:28:14.880 --> 00:28:17.680
<v Speaker 4>and so you know there is a stupid exclusionary rule

519
00:28:17.799 --> 00:28:20.839
<v Speaker 4>argument that you can't expect us to take in evidence

520
00:28:20.880 --> 00:28:26.519
<v Speaker 4>that was obtained unconstitutionally and illegally that would destroy the

521
00:28:26.519 --> 00:28:29.319
<v Speaker 4>integrity of the courts. You can broaden that argument and

522
00:28:29.359 --> 00:28:31.519
<v Speaker 4>maybe make it apply to the fourth, fifth, and sixth

523
00:28:31.559 --> 00:28:36.880
<v Speaker 4>amendments At eighth amendments. I can see that argument. I'm

524
00:28:36.920 --> 00:28:41.640
<v Speaker 4>of the opinion ever since forever that we shouldn't be

525
00:28:41.720 --> 00:28:45.200
<v Speaker 4>depending upon the courts for our First Amendment rights. We

526
00:28:45.200 --> 00:28:48.519
<v Speaker 4>should be depending upon ourselves to make sure we can

527
00:28:48.640 --> 00:28:51.799
<v Speaker 4>exercise them. You know, they're not their rights that belong

528
00:28:51.920 --> 00:28:55.240
<v Speaker 4>to us. We don't need the government to protect us,

529
00:28:55.279 --> 00:28:58.799
<v Speaker 4>which the judiciary is the government in the exercise of

530
00:28:58.839 --> 00:29:02.079
<v Speaker 4>our rights. We need somebody has to be us to

531
00:29:02.200 --> 00:29:06.319
<v Speaker 4>protect our exercise of those rights, because there are natural rights.

532
00:29:06.839 --> 00:29:10.400
<v Speaker 4>And I can see that argument. But practically speaking, I

533
00:29:10.440 --> 00:29:14.160
<v Speaker 4>can see why a lawyer freaks out at it, honestly,

534
00:29:14.519 --> 00:29:15.640
<v Speaker 4>and you're the lawyer.

535
00:29:15.400 --> 00:29:20.319
<v Speaker 5>John, Yeah, I mean, the Constitution creates individual rights and so,

536
00:29:20.839 --> 00:29:22.839
<v Speaker 5>and the Constitution is meant to be enforced in court.

537
00:29:23.400 --> 00:29:26.079
<v Speaker 5>I do think that Hamilton was wrong in Federal's number

538
00:29:26.079 --> 00:29:28.240
<v Speaker 5>eighty four. I think the anti Federals turned out to

539
00:29:28.240 --> 00:29:31.480
<v Speaker 5>be right about the way the government would interpret its

540
00:29:31.519 --> 00:29:35.720
<v Speaker 5>powers over time. It didn't. The government did not interpret

541
00:29:35.759 --> 00:29:38.519
<v Speaker 5>its powers as not being able to affect free speech,

542
00:29:38.559 --> 00:29:41.000
<v Speaker 5>for example, or free exercise of religion.

543
00:29:41.039 --> 00:29:41.200
<v Speaker 3>Wrong.

544
00:29:41.920 --> 00:29:44.400
<v Speaker 5>I think the intera Federal has predicted the future more accurately,

545
00:29:44.839 --> 00:29:46.720
<v Speaker 5>and so if they did, then you do need to

546
00:29:46.759 --> 00:29:49.400
<v Speaker 5>have judicially enforceable individual rights.

547
00:29:49.759 --> 00:29:54.680
<v Speaker 4>Give me five cases, five examples of cases where we

548
00:29:54.720 --> 00:29:59.160
<v Speaker 4>are better off because the Supreme Court came out in

549
00:29:59.200 --> 00:30:02.960
<v Speaker 4>favor of a right that we as Americans possess that

550
00:30:03.079 --> 00:30:04.279
<v Speaker 4>government didn't give us.

551
00:30:04.400 --> 00:30:07.799
<v Speaker 5>That the free speech Almost all the free speech cases

552
00:30:08.000 --> 00:30:11.720
<v Speaker 5>are disaster. No. I mean, look at all the ways

553
00:30:11.720 --> 00:30:16.359
<v Speaker 5>that the local garments have tried to suppress speech. So

554
00:30:16.680 --> 00:30:22.799
<v Speaker 5>here's one. What about the Nazis who paraded through skoky. Now,

555
00:30:22.839 --> 00:30:26.920
<v Speaker 5>the government would have suppressed that parade if it could have, right,

556
00:30:27.440 --> 00:30:29.920
<v Speaker 5>there's an argument I think they get. I think the

557
00:30:30.000 --> 00:30:34.640
<v Speaker 5>Nazis get the right to parade and skokey or I mean,

558
00:30:34.680 --> 00:30:36.400
<v Speaker 5>I'm just trying to think of like the worst free

559
00:30:36.400 --> 00:30:37.319
<v Speaker 5>speech cases.

560
00:30:37.519 --> 00:30:39.880
<v Speaker 6>The more you talk, the more I think Lucretia is right.

561
00:30:41.519 --> 00:30:44.440
<v Speaker 5>Well, that's that's it. That's my general effect on you.

562
00:30:44.480 --> 00:30:46.759
<v Speaker 5>Phil This is the point, This is.

563
00:30:46.680 --> 00:30:49.839
<v Speaker 3>Why, this is why John, political philosophers are superior to

564
00:30:49.880 --> 00:30:52.480
<v Speaker 3>political theorists, and are both are superior to lawyers.

565
00:30:53.599 --> 00:30:56.839
<v Speaker 5>What what are you talking about? In this case, the

566
00:30:56.880 --> 00:31:02.240
<v Speaker 5>market has ruled, and I make ten times more than you. You,

567
00:31:02.559 --> 00:31:05.519
<v Speaker 5>I make ten times more than any political philosopher, any

568
00:31:05.799 --> 00:31:08.880
<v Speaker 5>the worst lawyer makes ten times more than any political philosopher.

569
00:31:08.880 --> 00:31:11.359
<v Speaker 5>The market has spoken in its infinite wisdom.

570
00:31:11.960 --> 00:31:14.279
<v Speaker 4>Did I ever tell you don't by the time five

571
00:31:14.359 --> 00:31:17.519
<v Speaker 4>or six years ago, it's been now at least. I

572
00:31:17.640 --> 00:31:21.720
<v Speaker 4>was sitting in a bar with Harvey Mansfield. We're drinking

573
00:31:21.920 --> 00:31:26.160
<v Speaker 4>in a bar, and I asked him, I said, can

574
00:31:26.200 --> 00:31:29.640
<v Speaker 4>you give me a So it was kind of prior

575
00:31:29.680 --> 00:31:32.400
<v Speaker 4>to all of these recent cases by the Roberts Court.

576
00:31:33.279 --> 00:31:36.279
<v Speaker 4>I said, can you give me one single Supreme Court

577
00:31:36.359 --> 00:31:43.119
<v Speaker 4>decision that was so profound in restoring constitutional separation powers,

578
00:31:43.160 --> 00:31:48.400
<v Speaker 4>protecting critical individual rights, whatever, by whatever standard you want

579
00:31:48.440 --> 00:31:51.720
<v Speaker 4>to do it, One Supreme Court case that undoes that

580
00:31:51.880 --> 00:31:55.480
<v Speaker 4>is so critical that it undoes all the incredible harm

581
00:31:55.880 --> 00:31:59.839
<v Speaker 4>done to our republic by most Supreme Court decisions. And

582
00:32:00.119 --> 00:32:05.400
<v Speaker 4>he sat there for a minute and his answer was, no, Okay.

583
00:32:05.559 --> 00:32:10.279
<v Speaker 5>I mean, that's a different question, but some decisions where

584
00:32:10.720 --> 00:32:14.279
<v Speaker 5>so here's some other ones. I think that the court's

585
00:32:14.279 --> 00:32:17.880
<v Speaker 5>striking down campaign finance laws like it did in Citizens

586
00:32:17.960 --> 00:32:23.240
<v Speaker 5>United has been beneficial because, look, otherwise, the government would

587
00:32:23.240 --> 00:32:26.480
<v Speaker 5>do things to suppress speech to favor incumbents in office.

588
00:32:27.559 --> 00:32:30.519
<v Speaker 5>I personally think you're not going to like this Lucretia

589
00:32:30.640 --> 00:32:33.920
<v Speaker 5>or Phil or Steve. But I think that burning the

590
00:32:33.960 --> 00:32:36.880
<v Speaker 5>flags to be protected by free speech. I think that's

591
00:32:36.880 --> 00:32:40.759
<v Speaker 5>a legitimate form of speech, and the government would love

592
00:32:40.799 --> 00:32:42.799
<v Speaker 5>to suppress people from doing that.

593
00:32:43.240 --> 00:32:48.519
<v Speaker 4>I actually agree with you, but I don't totally surprising.

594
00:32:49.960 --> 00:32:53.839
<v Speaker 4>But if you live in a society, god damn it,

595
00:32:53.880 --> 00:32:56.599
<v Speaker 4>I know you're going to no. But what I don't

596
00:32:56.640 --> 00:32:58.799
<v Speaker 4>agree with is if you live in a society where

597
00:32:58.799 --> 00:33:00.799
<v Speaker 4>you can burn the American flag but you can't burn

598
00:33:00.880 --> 00:33:07.839
<v Speaker 4>the Pride flag. That's that's where we are to get what. Oh,

599
00:33:08.279 --> 00:33:11.400
<v Speaker 4>just last week, so three kids were arrested and they

600
00:33:12.720 --> 00:33:16.599
<v Speaker 4>faced twenty years in jail for deframing a Pride flag.

601
00:33:16.680 --> 00:33:19.559
<v Speaker 5>Oh, they're gonna win. They'll win on free speech grounds.

602
00:33:19.559 --> 00:33:20.079
<v Speaker 5>They can burn.

603
00:33:20.240 --> 00:33:24.279
<v Speaker 4>My point is that that we are so confused about

604
00:33:24.319 --> 00:33:28.640
<v Speaker 4>these things that those those kinds of you know, contradictions

605
00:33:28.640 --> 00:33:31.119
<v Speaker 4>can actually happen in our society. But anyway, Phil, you're

606
00:33:31.119 --> 00:33:31.839
<v Speaker 4>going to say something.

607
00:33:34.240 --> 00:33:36.720
<v Speaker 6>I'm not sure why I'm on the flag burning, but

608
00:33:36.720 --> 00:33:38.960
<v Speaker 6>I'm against the new dancing, and it seems to me

609
00:33:39.039 --> 00:33:43.119
<v Speaker 6>that your free speech gets justifies a lot of really

610
00:33:43.519 --> 00:33:46.200
<v Speaker 6>bad behavior that I think communities.

611
00:33:45.880 --> 00:33:48.680
<v Speaker 5>Believe it the whites constitutes no dancing.

612
00:33:53.079 --> 00:33:55.200
<v Speaker 4>All right, all right, Steve's gonna kill me if I don't.

613
00:33:55.319 --> 00:34:00.559
<v Speaker 4>But that's actually brings me to a pretty good segue here. Uh.

614
00:34:01.960 --> 00:34:05.440
<v Speaker 4>I do want to ask you guys really quickly, and

615
00:34:05.920 --> 00:34:10.039
<v Speaker 4>probably John especially to explain to our listeners because I

616
00:34:10.119 --> 00:34:12.760
<v Speaker 4>know they'll be interested in this question. How did we

617
00:34:12.800 --> 00:34:16.239
<v Speaker 4>go from the Supreme Court issuing a decision just a

618
00:34:16.280 --> 00:34:19.880
<v Speaker 4>couple of weeks ago, right, you know, saying that if

619
00:34:19.920 --> 00:34:24.159
<v Speaker 4>it was even that long ago that no more universal injunctions,

620
00:34:24.960 --> 00:34:28.119
<v Speaker 4>and there was the talk about okay, we should have

621
00:34:28.159 --> 00:34:31.320
<v Speaker 4>gone further and said also no class action suits. But

622
00:34:31.920 --> 00:34:36.760
<v Speaker 4>what was it yesterday? Yesterday the birthright citizenship decision by

623
00:34:37.559 --> 00:34:41.239
<v Speaker 4>Judge Indy No, I don't even remember a Bush appointed judge.

624
00:34:41.239 --> 00:34:45.199
<v Speaker 4>It was George W. Bush appointed judge saying that you know,

625
00:34:45.280 --> 00:34:49.320
<v Speaker 4>these people, these infants create a class and I don't

626
00:34:49.400 --> 00:34:53.199
<v Speaker 4>understand the rule explained to me if that's going to work.

627
00:34:55.519 --> 00:34:58.079
<v Speaker 5>So this is let me just explain. So the niche

628
00:34:58.159 --> 00:35:01.880
<v Speaker 5>wide injunction case, that court said there could be an

629
00:35:01.880 --> 00:35:05.159
<v Speaker 5>exception to that which would be for class actions. And

630
00:35:05.239 --> 00:35:10.679
<v Speaker 5>class actions are this device created in the thirties which

631
00:35:10.719 --> 00:35:15.519
<v Speaker 5>allow a whole group of people potentially millions, to be

632
00:35:15.599 --> 00:35:18.800
<v Speaker 5>represented in court even though they don't show up, and

633
00:35:18.840 --> 00:35:21.760
<v Speaker 5>even though they may not even really approve of the lawsuit.

634
00:35:22.719 --> 00:35:26.840
<v Speaker 5>But so they just there's a very complicated law set

635
00:35:26.840 --> 00:35:29.119
<v Speaker 5>of laws about the class actions. But one thing about

636
00:35:29.119 --> 00:35:32.039
<v Speaker 5>it is this creates a whole other set of issues

637
00:35:32.239 --> 00:35:35.639
<v Speaker 5>that the Trump admission administration can win on, which is

638
00:35:35.679 --> 00:35:39.960
<v Speaker 5>that this court below granted a class action, as you said,

639
00:35:40.039 --> 00:35:44.320
<v Speaker 5>lucretia for infants who can't even consent to be represented

640
00:35:44.639 --> 00:35:48.599
<v Speaker 5>in the class. So I think actually this class action

641
00:35:48.760 --> 00:35:53.199
<v Speaker 5>thing might help the Trump administration. And the other thing though,

642
00:35:53.280 --> 00:35:56.440
<v Speaker 5>is that one of these birthright citizenship cases is going

643
00:35:56.519 --> 00:35:58.920
<v Speaker 5>to get to the Supreme Court in the next year anyway.

644
00:35:58.960 --> 00:36:02.840
<v Speaker 5>In this district judge is just almost like flagrantly defying

645
00:36:03.400 --> 00:36:06.400
<v Speaker 5>the Supreme Court by trying to find, like what the

646
00:36:06.440 --> 00:36:09.719
<v Speaker 5>skilly said, an elephant in this mousehole of an exception

647
00:36:09.840 --> 00:36:13.559
<v Speaker 5>for class actions. So I expect that this this case

648
00:36:13.559 --> 00:36:16.800
<v Speaker 5>will be stayed and the Supreme Court will take either

649
00:36:16.800 --> 00:36:19.519
<v Speaker 5>that case or some other case up about birthright citizenship

650
00:36:19.559 --> 00:36:24.440
<v Speaker 5>pretty quickly.

651
00:36:24.559 --> 00:36:29.480
<v Speaker 6>No, No, I I think that's it pains me to

652
00:36:29.519 --> 00:36:32.400
<v Speaker 6>say this, but I think I agree with John yeah, I.

653
00:36:32.639 --> 00:36:34.679
<v Speaker 4>Okay, let me follow on and give you a chance

654
00:36:34.880 --> 00:36:38.519
<v Speaker 4>here to phil to to say something provocative. So another

655
00:36:38.840 --> 00:36:43.559
<v Speaker 4>example of a universal injunction that makes even less sense

656
00:36:44.119 --> 00:36:51.239
<v Speaker 4>to the average American was the Taliwane decision UH deciding

657
00:36:51.320 --> 00:36:58.000
<v Speaker 4>that the AHHS cannot in fact stop funding planned parenthood. Right.

658
00:36:59.559 --> 00:37:01.119
<v Speaker 4>I want to get into the merits of it, but

659
00:37:01.159 --> 00:37:03.880
<v Speaker 4>I'm doing this for Steve. So Steve, I don't know

660
00:37:03.880 --> 00:37:06.960
<v Speaker 4>if you saw this on X But Damon Linker, what

661
00:37:07.000 --> 00:37:14.440
<v Speaker 4>do you call him? The mississink? Okay? Damon Linker says, missing. Look,

662
00:37:15.039 --> 00:37:19.440
<v Speaker 4>I hate Trump, support abortion rights and all the rest,

663
00:37:20.000 --> 00:37:22.840
<v Speaker 4>But how can there be an underlying violation of law

664
00:37:22.960 --> 00:37:26.679
<v Speaker 4>or the constitution justifying a temporary restraining order from a

665
00:37:26.760 --> 00:37:31.440
<v Speaker 4>duly enacted statute cutting funding for a private entity? Damon

666
00:37:31.480 --> 00:37:36.320
<v Speaker 4>Linker says that so smart ass. Lucretia responds and says,

667
00:37:36.920 --> 00:37:40.039
<v Speaker 4>it has obviously never occurred to you that the reason

668
00:37:40.079 --> 00:37:42.400
<v Speaker 4>for being of the left is simply power, the rule

669
00:37:42.400 --> 00:37:45.639
<v Speaker 4>of law, constitutional norms, democratic rule. These are tropes of

670
00:37:45.679 --> 00:37:48.639
<v Speaker 4>the left, useful in only in so far as they

671
00:37:48.679 --> 00:37:55.639
<v Speaker 4>advance leftist causes, like the right to murder an unborn child. Okay,

672
00:37:56.440 --> 00:38:01.239
<v Speaker 4>because his answer to me back, You're right, he's very sarcastic.

673
00:38:01.639 --> 00:38:04.440
<v Speaker 4>You're right, that's never occurred to me. Thanks for pointing

674
00:38:04.519 --> 00:38:07.000
<v Speaker 4>it out. It also never occurred to me that the

675
00:38:07.079 --> 00:38:09.840
<v Speaker 4>right also cares about winning and wielding power.

676
00:38:11.000 --> 00:38:14.360
<v Speaker 5>Yeah, well, so let me set up what I was

677
00:38:14.360 --> 00:38:17.400
<v Speaker 5>gonna say. Let me set up for the discussion for

678
00:38:17.480 --> 00:38:21.000
<v Speaker 5>you guys to wail on this. But the theory of

679
00:38:21.079 --> 00:38:23.800
<v Speaker 5>the judged Inisian opinion. But I take it the theory

680
00:38:24.000 --> 00:38:27.800
<v Speaker 5>is and I think there is an underlying substantive argument here,

681
00:38:27.880 --> 00:38:32.400
<v Speaker 5>which is the government can't single out people are groups

682
00:38:32.440 --> 00:38:37.119
<v Speaker 5>for disfavored treatment just because of their view because of

683
00:38:37.159 --> 00:38:41.000
<v Speaker 5>their viewpoints. So imagine there's a case called Rosenberger, which

684
00:38:41.039 --> 00:38:42.679
<v Speaker 5>is another case I was going to give you for

685
00:38:42.719 --> 00:38:44.679
<v Speaker 5>where I think the government did the court did the

686
00:38:44.719 --> 00:38:47.480
<v Speaker 5>right thing for first Ammogrounts. So here's a case involved

687
00:38:47.480 --> 00:38:50.519
<v Speaker 5>in the University of Virginia. They give all student groups

688
00:38:51.079 --> 00:38:57.320
<v Speaker 5>money to invite speakers except for the Christian group and

689
00:38:57.360 --> 00:39:01.119
<v Speaker 5>because they say, we don't want to fund Christian speech.

690
00:39:02.039 --> 00:39:03.719
<v Speaker 5>And so that's what planned parent who is saying is

691
00:39:03.719 --> 00:39:08.039
<v Speaker 5>they're saying, you give money to everybody who performs women

692
00:39:08.239 --> 00:39:13.320
<v Speaker 5>health medical services except us because we also believe in abortion.

693
00:39:13.519 --> 00:39:14.880
<v Speaker 5>That's there, that's the argument.

694
00:39:17.000 --> 00:39:21.239
<v Speaker 2>Yeah, okay, why.

695
00:39:21.039 --> 00:39:23.480
<v Speaker 4>Don't we do this, Steve, I let's take a break

696
00:39:23.480 --> 00:39:26.679
<v Speaker 4>and come back and feels got an answer, Okay.

697
00:39:26.559 --> 00:39:28.519
<v Speaker 2>I met, I wanted to think about six minutes ago.

698
00:39:28.599 --> 00:39:31.400
<v Speaker 4>I know, I'm sorry. It was my screen was covered.

699
00:39:31.480 --> 00:39:33.320
<v Speaker 2>It doesn't work. It just takes too long. I mean,

700
00:39:33.480 --> 00:39:34.400
<v Speaker 2>you stretch it out like.

701
00:39:34.360 --> 00:39:38.000
<v Speaker 5>That and it's like mom and dad got divorced and

702
00:39:38.039 --> 00:39:38.880
<v Speaker 5>they're still fighting.

703
00:39:39.159 --> 00:39:41.599
<v Speaker 4>I'm sorry, Steve, it was covered and I just wasn't

704
00:39:41.599 --> 00:39:44.000
<v Speaker 4>paying attention. Yeah, I apologize.

705
00:39:44.360 --> 00:39:46.519
<v Speaker 2>Yeah, no, I don't know. I'll have to figure it out.

706
00:39:46.519 --> 00:39:49.400
<v Speaker 5>But anyway, there's probably a place you could throw in

707
00:39:49.400 --> 00:39:50.000
<v Speaker 5>a brake six.

708
00:39:50.199 --> 00:39:52.280
<v Speaker 3>Yeah, I can probably squeeze one in there, because actually

709
00:39:52.320 --> 00:39:54.800
<v Speaker 3>you're in your introduction to it was perfect, but it

710
00:39:54.840 --> 00:39:57.599
<v Speaker 3>was there was no and it just it just makes edit.

711
00:39:57.719 --> 00:39:59.840
<v Speaker 2>That's okay, I got an extraday to edit. So I think.

712
00:40:00.159 --> 00:40:05.360
<v Speaker 4>So, okay, so we're back, and so Phil, what do

713
00:40:05.400 --> 00:40:08.519
<v Speaker 4>you think about planned parenthood?

714
00:40:09.280 --> 00:40:09.559
<v Speaker 2>Yeah?

715
00:40:09.639 --> 00:40:13.039
<v Speaker 6>I mean the thought that we're we the taxpayers are

716
00:40:13.079 --> 00:40:18.599
<v Speaker 6>funding planned parenthood is a travesty. It's an abomination. And

717
00:40:19.119 --> 00:40:21.239
<v Speaker 6>now I don't but I don't I think John's right

718
00:40:23.000 --> 00:40:25.639
<v Speaker 6>that I don't see how you can single out this

719
00:40:25.760 --> 00:40:29.960
<v Speaker 6>one entity if the band has to be in general,

720
00:40:30.079 --> 00:40:32.719
<v Speaker 6>we're not going to fund this type of activity. I

721
00:40:32.719 --> 00:40:36.079
<v Speaker 6>think that's fine, but you can't fund the general.

722
00:40:35.599 --> 00:40:36.679
<v Speaker 5>Type of activity.

723
00:40:36.719 --> 00:40:39.360
<v Speaker 6>And to say well, no, this one organization can't receive funds,

724
00:40:39.360 --> 00:40:41.280
<v Speaker 6>I mean that that strikes me as wrong. But I

725
00:40:41.280 --> 00:40:46.440
<v Speaker 6>don't know enough about the actual law or the implementation

726
00:40:46.559 --> 00:40:46.960
<v Speaker 6>of the law.

727
00:40:47.079 --> 00:40:50.239
<v Speaker 5>So what the law says is it doesn't say planned parent,

728
00:40:50.280 --> 00:40:53.719
<v Speaker 5>and I think it says federal medicaid funds can't go

729
00:40:53.880 --> 00:40:58.679
<v Speaker 5>to any group that performs abortions, even if the federal

730
00:40:58.719 --> 00:41:03.360
<v Speaker 5>funds themselves pay for something else. Right because plant Parenthet says,

731
00:41:03.480 --> 00:41:06.880
<v Speaker 5>we also do like women's health checkups, but we're not

732
00:41:07.000 --> 00:41:11.320
<v Speaker 5>using any federal money for abortions. I mean, that's that's

733
00:41:12.119 --> 00:41:12.920
<v Speaker 5>that's nice.

734
00:41:12.960 --> 00:41:16.079
<v Speaker 6>What the law does. That's that's yeah. I think that's fine.

735
00:41:16.159 --> 00:41:19.159
<v Speaker 5>I mean, but they're saying what you're really but they

736
00:41:19.239 --> 00:41:22.880
<v Speaker 5>saying way that you wrote the law deliberately just to

737
00:41:23.000 --> 00:41:25.920
<v Speaker 5>apply to one class, which happens to be us. We're

738
00:41:25.960 --> 00:41:28.280
<v Speaker 5>the only people who fall into the law. We're the

739
00:41:28.280 --> 00:41:30.000
<v Speaker 5>only group that's going to get our funds cut off

740
00:41:30.039 --> 00:41:32.639
<v Speaker 5>before this because of this, and it's only because we

741
00:41:32.679 --> 00:41:36.519
<v Speaker 5>perform abortions and we and we believe in Roe versus

742
00:41:36.559 --> 00:41:37.920
<v Speaker 5>we well.

743
00:41:38.000 --> 00:41:41.440
<v Speaker 3>First of all, by the way, the pleading included calling

744
00:41:41.559 --> 00:41:45.719
<v Speaker 3>this the clause a bill of a tainder, which I

745
00:41:45.760 --> 00:41:47.440
<v Speaker 3>think only applies to individuals.

746
00:41:47.440 --> 00:41:49.599
<v Speaker 2>I mean, it seems like an absurd argument, but I

747
00:41:49.599 --> 00:41:50.280
<v Speaker 2>don't think they rule.

748
00:41:50.360 --> 00:41:53.039
<v Speaker 5>And it's also only a criminal law, so it doesn't.

749
00:41:53.000 --> 00:41:58.000
<v Speaker 3>Yeah, okay, second, I can't so I guess now now

750
00:41:58.000 --> 00:42:00.320
<v Speaker 3>that you put it this way, they're saying there's a

751
00:42:00.679 --> 00:42:05.199
<v Speaker 3>they're legend there's a drafting error here that's discriminatory against them.

752
00:42:05.400 --> 00:42:07.920
<v Speaker 5>It's not an error. They're just saying it's written deliberately

753
00:42:08.519 --> 00:42:09.559
<v Speaker 5>to only get them.

754
00:42:10.360 --> 00:42:12.440
<v Speaker 3>So, by the way, I mean, how many hundreds of

755
00:42:12.480 --> 00:42:16.679
<v Speaker 3>times a year in these budget bills are there general

756
00:42:16.760 --> 00:42:20.320
<v Speaker 3>conditions written into tax law, for example, that in the

757
00:42:20.360 --> 00:42:23.199
<v Speaker 3>real world we learn only applies to one company and

758
00:42:23.280 --> 00:42:26.559
<v Speaker 3>sometimes only one individual. Now that's a benefit, right, That's

759
00:42:26.599 --> 00:42:28.559
<v Speaker 3>something a lobbyist sneaks in the middle of the night.

760
00:42:28.880 --> 00:42:30.719
<v Speaker 3>But we let that go by, and none of us

761
00:42:30.760 --> 00:42:32.719
<v Speaker 3>are able, none of us have standing as supposed to

762
00:42:32.840 --> 00:42:35.239
<v Speaker 3>oppose that right.

763
00:42:35.440 --> 00:42:35.840
<v Speaker 2>By the way.

764
00:42:35.840 --> 00:42:39.400
<v Speaker 3>I'll bet there's some tax changes that disfavor for specific

765
00:42:40.000 --> 00:42:43.360
<v Speaker 3>companies in industries. And so you know, that's never been

766
00:42:43.400 --> 00:42:44.039
<v Speaker 3>brought as a claim.

767
00:42:44.079 --> 00:42:44.400
<v Speaker 2>I don't know.

768
00:42:44.400 --> 00:42:47.199
<v Speaker 3>Maybe it has in tax court, but and but no

769
00:42:47.239 --> 00:42:50.719
<v Speaker 3>one ever noticed. Perhaps it has, but the idea, but look,

770
00:42:50.880 --> 00:42:53.800
<v Speaker 3>I mean, ultimately it seems to me as a constitutionalist,

771
00:42:54.960 --> 00:42:57.400
<v Speaker 3>what is the what does Article one say Congress has

772
00:42:57.440 --> 00:43:00.239
<v Speaker 3>the power of the purse and they say we don't

773
00:43:00.239 --> 00:43:02.599
<v Speaker 3>want to, uh, we don't want to fund planned parenthood.

774
00:43:02.639 --> 00:43:04.559
<v Speaker 3>We can either do it by saying we want fund

775
00:43:04.639 --> 00:43:06.719
<v Speaker 3>planned parenthood, or we can do it with a general

776
00:43:06.760 --> 00:43:11.639
<v Speaker 3>condition so that some other organization can't say we're semi

777
00:43:11.679 --> 00:43:14.039
<v Speaker 3>planned parenthood, right or something like that.

778
00:43:14.199 --> 00:43:14.400
<v Speaker 2>Right?

779
00:43:14.480 --> 00:43:19.199
<v Speaker 4>And well what about this though, guys? What well, yeah,

780
00:43:19.239 --> 00:43:22.440
<v Speaker 4>but what about this? What if instead of this knee

781
00:43:22.519 --> 00:43:26.199
<v Speaker 4>jerk reaction, because of course, abortion is in fact a

782
00:43:26.360 --> 00:43:32.639
<v Speaker 4>sacred right according to the left, what if Planned Parenthood

783
00:43:32.679 --> 00:43:35.679
<v Speaker 4>just stood back and said, Okay, we will in fact

784
00:43:35.920 --> 00:43:41.559
<v Speaker 4>create two separate entities, and we're so committed to women's

785
00:43:41.639 --> 00:43:46.920
<v Speaker 4>health and women's reproductive health minus abortion. What a joke

786
00:43:47.000 --> 00:43:50.199
<v Speaker 4>that is. But anyway, and so what we'll do is

787
00:43:50.440 --> 00:43:52.840
<v Speaker 4>we will, in fact I don't know if you need

788
00:43:52.840 --> 00:43:55.079
<v Speaker 4>two separate corporations, however you do it, but we will

789
00:43:55.079 --> 00:44:01.440
<v Speaker 4>separate our abortion activities from our supposed non existent health services.

790
00:44:01.679 --> 00:44:04.440
<v Speaker 4>And then there's no issue, right that could have been

791
00:44:04.480 --> 00:44:08.519
<v Speaker 4>a response to this, And I would guess if there

792
00:44:08.519 --> 00:44:12.599
<v Speaker 4>are other entities out there that aren't quite as interested

793
00:44:12.639 --> 00:44:15.760
<v Speaker 4>in killing babies as Planned Parenthood, they might do exactly that.

794
00:44:16.880 --> 00:44:20.079
<v Speaker 4>So it seems to me that if Planned Parenthood is

795
00:44:20.119 --> 00:44:23.519
<v Speaker 4>worried about not being able to use Medicaid funds for

796
00:44:23.559 --> 00:44:26.519
<v Speaker 4>their other activities, there's an easy answer there, and it's

797
00:44:26.679 --> 00:44:29.360
<v Speaker 4>not going back to the courts and demanding that Planned

798
00:44:29.400 --> 00:44:32.480
<v Speaker 4>Parenthood be funded, because of course the funds that go

799
00:44:32.559 --> 00:44:38.000
<v Speaker 4>for other things fund abortion. Right. It's just that simple, right,

800
00:44:38.119 --> 00:44:38.719
<v Speaker 4>Am I wrong?

801
00:44:40.519 --> 00:44:41.360
<v Speaker 6>That seems right to me.

802
00:44:41.800 --> 00:44:45.079
<v Speaker 2>Yeah, it seems simple enough to me too, But I

803
00:44:45.079 --> 00:44:45.559
<v Speaker 2>guess what.

804
00:44:46.719 --> 00:44:48.760
<v Speaker 5>So one other way to put it, I think is

805
00:44:49.119 --> 00:44:53.679
<v Speaker 5>also if this, if Planned Parenthood were right, and what

806
00:44:53.719 --> 00:44:58.039
<v Speaker 5>this Republican Congress is doing is really punishing them because

807
00:44:58.079 --> 00:45:02.119
<v Speaker 5>of their advocacy the belief for abortion, then Congress would

808
00:45:02.119 --> 00:45:03.760
<v Speaker 5>have written the law to cut off a lot more

809
00:45:03.800 --> 00:45:06.400
<v Speaker 5>groups than just Planned Parenthood. They would have just cut

810
00:45:06.400 --> 00:45:09.599
<v Speaker 5>off groups that you know, support abortion. So it doesn't

811
00:45:09.599 --> 00:45:12.840
<v Speaker 5>do there yet, but they're i mean support it, don't

812
00:45:12.880 --> 00:45:16.599
<v Speaker 5>just practice it, but maybe just you know, advocate for it.

813
00:45:16.960 --> 00:45:20.639
<v Speaker 5>So it seems that their claim of Congress's intent is

814
00:45:21.239 --> 00:45:25.719
<v Speaker 5>not is too narrow because Congress didn't really have that intent,

815
00:45:25.760 --> 00:45:27.760
<v Speaker 5>because if they did, they would have targeted more groups

816
00:45:27.760 --> 00:45:28.880
<v Speaker 5>than just planned parenthood.

817
00:45:29.960 --> 00:45:32.800
<v Speaker 3>Well, but it is the language a preempt you know,

818
00:45:32.840 --> 00:45:35.360
<v Speaker 3>groups from springing up. Like I said, I mean my

819
00:45:35.559 --> 00:45:38.840
<v Speaker 3>example was unplanned parenthood or semi planned parent Right, there's

820
00:45:38.840 --> 00:45:40.960
<v Speaker 3>gotta be lots of women's health centers that do the

821
00:45:40.960 --> 00:45:45.320
<v Speaker 3>same darn thing and would be the cutout for taking

822
00:45:45.400 --> 00:45:48.000
<v Speaker 3>up the slack from Planned parenthood losing federal money. By

823
00:45:48.079 --> 00:45:50.320
<v Speaker 3>the way, can we just say Planned parenthood said for years,

824
00:45:50.320 --> 00:45:53.159
<v Speaker 3>oh the federal money. It's really like it's like NPR,

825
00:45:53.519 --> 00:45:55.960
<v Speaker 3>it really isn't that much. And you know they lie

826
00:45:56.000 --> 00:45:58.760
<v Speaker 3>about this stuff, right, it's you already hear stories of

827
00:45:58.800 --> 00:46:00.960
<v Speaker 3>them having to close down a lot of clinics because

828
00:46:01.000 --> 00:46:03.800
<v Speaker 3>of the perspective loss of federal funds, and that tells

829
00:46:03.800 --> 00:46:05.559
<v Speaker 3>you all you need to know about the sincerity of

830
00:46:05.559 --> 00:46:06.199
<v Speaker 3>these claims.

831
00:46:06.280 --> 00:46:10.599
<v Speaker 5>You know, I think I'm much I'm not pro life

832
00:46:10.639 --> 00:46:13.159
<v Speaker 5>the way you three are. I think you're all three

833
00:46:13.199 --> 00:46:17.960
<v Speaker 5>pro life. But this is all sceinary where federalism should work.

834
00:46:18.000 --> 00:46:20.719
<v Speaker 5>So if California wants to support planned parenthood, they can,

835
00:46:20.920 --> 00:46:23.599
<v Speaker 5>you know, plan California, New York. If they really believe

836
00:46:23.639 --> 00:46:25.599
<v Speaker 5>in abortion rights, they'll say that the way they say

837
00:46:25.639 --> 00:46:28.679
<v Speaker 5>they do. Then they can just increase funding for planned

838
00:46:28.679 --> 00:46:29.800
<v Speaker 5>parenthood in those states.

839
00:46:30.159 --> 00:46:30.320
<v Speaker 2>Right.

840
00:46:30.360 --> 00:46:32.280
<v Speaker 5>And then one last question, you guys would have no

841
00:46:32.320 --> 00:46:35.880
<v Speaker 5>problem with that if a state wants to fund abortion

842
00:46:36.119 --> 00:46:38.920
<v Speaker 5>after Dobs, Right, there's nothing wrong with that, I take it,

843
00:46:38.960 --> 00:46:39.320
<v Speaker 5>and your.

844
00:46:39.239 --> 00:46:42.039
<v Speaker 4>Guys, I don't know about nothing wrong, but because.

845
00:46:43.000 --> 00:46:45.559
<v Speaker 5>You would yeah, you would oppose it on policy grounds

846
00:46:45.920 --> 00:46:47.280
<v Speaker 5>or moral grounds, but not.

847
00:46:49.400 --> 00:46:51.480
<v Speaker 4>But we have something at the federal level called the

848
00:46:51.519 --> 00:46:55.519
<v Speaker 4>Heighth Amendment, and one could argue that planned parenthood has

849
00:46:56.159 --> 00:47:00.639
<v Speaker 4>skirted the intention of that law for decades, and that

850
00:47:00.719 --> 00:47:04.119
<v Speaker 4>this particular bill, even if it did single out planned parenthood,

851
00:47:04.119 --> 00:47:07.960
<v Speaker 4>which it doesn't, would actually be a way of assuring

852
00:47:07.960 --> 00:47:11.760
<v Speaker 4>the American public several medicaid dollars are not going to abortion.

853
00:47:12.119 --> 00:47:14.519
<v Speaker 4>And that seems to me not to be either a

854
00:47:14.519 --> 00:47:17.400
<v Speaker 4>First Amendment issue or an equal protection issue, because the

855
00:47:17.480 --> 00:47:21.039
<v Speaker 4>law is already on the books, and it's almost as

856
00:47:21.119 --> 00:47:26.519
<v Speaker 4>long standing as Real versus Wade. Right, Okay, all right,

857
00:47:26.599 --> 00:47:29.880
<v Speaker 4>So that being said, we'll move on to the Big

858
00:47:29.920 --> 00:47:34.119
<v Speaker 4>Beautiful Bill in general. And I read a really interesting

859
00:47:34.239 --> 00:47:36.159
<v Speaker 4>article this morning. I want to know what you guys

860
00:47:36.199 --> 00:47:38.719
<v Speaker 4>think about. It was by a Democrat I don't know who,

861
00:47:39.000 --> 00:47:42.039
<v Speaker 4>didn't know who she was, but it was a whiney article,

862
00:47:42.079 --> 00:47:45.000
<v Speaker 4>as usual, because that's what the left does. But what

863
00:47:45.159 --> 00:47:48.519
<v Speaker 4>she said was all of these Democrats that are celebrating

864
00:47:48.559 --> 00:47:51.320
<v Speaker 4>the Big Beautiful Bill because it's a certainty that as

865
00:47:51.320 --> 00:47:53.960
<v Speaker 4>a result of it, because it's so unpopular, they're going

866
00:47:54.039 --> 00:47:56.800
<v Speaker 4>to just sweep the twenty twenty six mid terms. He says.

867
00:47:56.960 --> 00:48:00.920
<v Speaker 4>You know, maybe, folks, it's probably not so true. And

868
00:48:01.039 --> 00:48:03.719
<v Speaker 4>maybe after all that, people are not really all that

869
00:48:03.880 --> 00:48:10.199
<v Speaker 4>happy about unhappy about Medicaid being stopped because they won't

870
00:48:10.199 --> 00:48:12.679
<v Speaker 4>actually see it until after the twenty twenty six midterms.

871
00:48:12.719 --> 00:48:16.000
<v Speaker 4>And you know, also other you know, rationalizations. But my

872
00:48:16.119 --> 00:48:19.719
<v Speaker 4>question for you guys is are the Democrats in more

873
00:48:19.760 --> 00:48:20.960
<v Speaker 4>trouble than they think they are?

874
00:48:23.199 --> 00:48:25.320
<v Speaker 5>But isn't that so you can have two different views.

875
00:48:25.360 --> 00:48:29.440
<v Speaker 5>I think the bill has terrible tax policy in it,

876
00:48:30.000 --> 00:48:32.760
<v Speaker 5>but it all yes, it has the bad tax policy

877
00:48:32.800 --> 00:48:35.199
<v Speaker 5>in it. But at the same time, that doesn't mean

878
00:48:35.199 --> 00:48:36.239
<v Speaker 5>Democrats aren't in a lot.

879
00:48:36.760 --> 00:48:40.239
<v Speaker 4>He's not eligible for Social Security, Steve like, we are

880
00:48:40.920 --> 00:48:41.760
<v Speaker 4>not only that, but.

881
00:48:41.760 --> 00:48:44.079
<v Speaker 5>You guys are going to use it all up in

882
00:48:44.159 --> 00:48:48.039
<v Speaker 5>all your boomer activities, whatever those are. You know, Steve's

883
00:48:48.039 --> 00:48:50.679
<v Speaker 5>going to be grilling God knows what poor confused to

884
00:48:50.719 --> 00:48:53.159
<v Speaker 5>meet at double the price he ought to be paying

885
00:48:53.159 --> 00:48:56.039
<v Speaker 5>with his Social Security check that he puts on Facebook.

886
00:48:56.920 --> 00:48:59.920
<v Speaker 5>So look, look, it's a terrible tax bill in disrespect

887
00:49:00.400 --> 00:49:02.679
<v Speaker 5>you know tax policy, right, you guys agree with this,

888
00:49:02.719 --> 00:49:06.039
<v Speaker 5>don't you that the ideal tax policy should have no

889
00:49:06.199 --> 00:49:11.000
<v Speaker 5>exceptions and low rates broadly applied. Why are we giving

890
00:49:11.639 --> 00:49:16.760
<v Speaker 5>for tax breaks for tips, for social security payments, for

891
00:49:16.920 --> 00:49:19.679
<v Speaker 5>auto loans? I mean, this is all terrible tax policy,

892
00:49:19.800 --> 00:49:23.239
<v Speaker 5>isn't it. Oh God, Steve just put pictures of his

893
00:49:23.360 --> 00:49:27.800
<v Speaker 5>favorite meat and there's people. There's only four pictures, and

894
00:49:27.840 --> 00:49:30.199
<v Speaker 5>we know Steve has posted at least one hundred pictures

895
00:49:30.639 --> 00:49:34.159
<v Speaker 5>of his stakes and various poor sign products that he's

896
00:49:34.239 --> 00:49:40.599
<v Speaker 5>consumed Nober. The un point is, I like the part

897
00:49:40.639 --> 00:49:44.440
<v Speaker 5>of the tax bill that keeps the tax cuts, but

898
00:49:44.599 --> 00:49:47.000
<v Speaker 5>all these exceptions that Trump through in there I think

899
00:49:47.039 --> 00:49:50.280
<v Speaker 5>are really bad toxifier, the one raising the salt deduction, right,

900
00:49:50.320 --> 00:49:54.079
<v Speaker 5>the deduction for local taxes to forty thousand dollars a year.

901
00:49:54.800 --> 00:49:57.719
<v Speaker 5>I mean, it's just bad tax policy. But it's also

902
00:49:58.079 --> 00:50:01.280
<v Speaker 5>really bad tax policy. This is where Reagan, I think

903
00:50:01.360 --> 00:50:04.199
<v Speaker 5>is different. Reagan showed real leadership in his second term.

904
00:50:04.599 --> 00:50:06.679
<v Speaker 5>He you know, the eighty six tax actor is the

905
00:50:06.679 --> 00:50:09.880
<v Speaker 5>most brilliant tax law we've had in our lifetimes. Yeah,

906
00:50:10.079 --> 00:50:13.000
<v Speaker 5>and Trump Trump instead is just a whole Trump's tax

907
00:50:13.079 --> 00:50:16.039
<v Speaker 5>policy is like liberal tax policy saw just a bunch

908
00:50:16.039 --> 00:50:17.960
<v Speaker 5>of giveaways to special interest groups.

909
00:50:18.079 --> 00:50:22.559
<v Speaker 3>First of all, John h. First of all, Trump didn't

910
00:50:22.559 --> 00:50:24.280
<v Speaker 3>do all those things. That was the members of the

911
00:50:24.320 --> 00:50:24.960
<v Speaker 3>House and the Senate.

912
00:50:25.119 --> 00:50:27.880
<v Speaker 5>No, but they did it because but that's because Trump

913
00:50:27.960 --> 00:50:30.599
<v Speaker 5>promised it in the primier in the general election, and

914
00:50:30.639 --> 00:50:33.039
<v Speaker 5>they all felt like they had to didn't all of

915
00:50:33.079 --> 00:50:34.679
<v Speaker 5>those Oh he did do salt, but he did all

916
00:50:34.679 --> 00:50:35.199
<v Speaker 5>the other ones.

917
00:50:35.440 --> 00:50:37.559
<v Speaker 2>Sault on the others. But look, the other thing is

918
00:50:37.599 --> 00:50:40.199
<v Speaker 2>it's completely but this is important.

919
00:50:40.559 --> 00:50:43.400
<v Speaker 3>It's actually quite mistaken to compare it to Reagan's eighty

920
00:50:43.440 --> 00:50:47.840
<v Speaker 3>six tax reform. Why because that was a genuine bipartisan effort.

921
00:50:47.920 --> 00:50:51.239
<v Speaker 3>The Democrats early on said, you know what, we're for

922
00:50:51.320 --> 00:50:54.840
<v Speaker 3>tax reform, let's work together. It's a fascinating story. You

923
00:50:54.840 --> 00:50:58.000
<v Speaker 3>had Republicans and Democrats working together to screw the lobbyists,

924
00:50:58.000 --> 00:51:01.199
<v Speaker 3>and they did it by meeting on Saturdays. It still

925
00:51:01.199 --> 00:51:03.360
<v Speaker 3>took a year and a half, and Reagan rolled up

926
00:51:03.360 --> 00:51:04.760
<v Speaker 3>the sleeve was deeply involved.

927
00:51:04.960 --> 00:51:05.239
<v Speaker 2>Here.

928
00:51:05.280 --> 00:51:08.679
<v Speaker 3>You had every Democrat saying, no, we don't care if

929
00:51:08.719 --> 00:51:10.280
<v Speaker 3>any Democrat. And by the way, there are a bunch

930
00:51:10.320 --> 00:51:13.840
<v Speaker 3>of Democrats like AOC who did not like raising assault limit.

931
00:51:14.280 --> 00:51:16.239
<v Speaker 3>They could have offered a vote for something, and they

932
00:51:16.239 --> 00:51:18.639
<v Speaker 3>could have horse traded and they could have made it

933
00:51:18.719 --> 00:51:21.000
<v Speaker 3>a more sensible tax policy. But no, their view is

934
00:51:21.159 --> 00:51:24.039
<v Speaker 3>we have to oppose whatever it is Republicans are doing.

935
00:51:24.480 --> 00:51:27.559
<v Speaker 3>And so that meant that you could with such narrow

936
00:51:28.000 --> 00:51:29.360
<v Speaker 3>more margins in the House.

937
00:51:29.400 --> 00:51:30.880
<v Speaker 2>It meant that anybody from New.

938
00:51:30.800 --> 00:51:33.360
<v Speaker 3>York, like you know, at least the phonic who I

939
00:51:33.480 --> 00:51:36.119
<v Speaker 3>like otherwise and no, you can't have my vote unless

940
00:51:36.119 --> 00:51:37.159
<v Speaker 3>you raise the salt limit.

941
00:51:37.400 --> 00:51:38.039
<v Speaker 2>I agree with you.

942
00:51:38.320 --> 00:51:41.400
<v Speaker 3>All those add ons are mostly bad policy, but you

943
00:51:41.480 --> 00:51:43.440
<v Speaker 3>know what, they don't amount to that much. The important

944
00:51:43.440 --> 00:51:45.639
<v Speaker 3>part is the parts you already mentioned, John, which is

945
00:51:46.159 --> 00:51:49.360
<v Speaker 3>the main tax rates that are pro growth, and sometimes

946
00:51:49.400 --> 00:51:51.039
<v Speaker 3>you have to take the rough with the smooth, and

947
00:51:51.079 --> 00:51:52.719
<v Speaker 3>this is one of those times, and so you should

948
00:51:52.760 --> 00:51:54.679
<v Speaker 3>just lump it and be quiet.

949
00:51:55.400 --> 00:51:59.519
<v Speaker 4>I agree with them, I have a different take on

950
00:51:59.639 --> 00:52:06.000
<v Speaker 4>John put this smooth business. So everything about finance and

951
00:52:06.119 --> 00:52:12.599
<v Speaker 4>tax law is designed to benefit the rich. Okay, It's

952
00:52:12.840 --> 00:52:17.239
<v Speaker 4>just that simple, even the salt. It's to benefit the rich.

953
00:52:18.119 --> 00:52:22.440
<v Speaker 4>And who right now is the party of the rich

954
00:52:22.559 --> 00:52:26.079
<v Speaker 4>and the elite. It's, of course, it's the Democrats. And

955
00:52:26.199 --> 00:52:31.039
<v Speaker 4>Trump's appeal is to the middle and lower classes, the

956
00:52:31.119 --> 00:52:34.639
<v Speaker 4>working middle and lower classes. And everything that he put

957
00:52:34.679 --> 00:52:37.639
<v Speaker 4>in that bill that you don't like, the no tax

958
00:52:37.719 --> 00:52:42.079
<v Speaker 4>on tips and the hunt, the thousand dollars savings account

959
00:52:42.239 --> 00:52:45.079
<v Speaker 4>for you know, a newborn, and all of those things.

960
00:52:45.480 --> 00:52:48.440
<v Speaker 4>One thousand dollars in a savings account is meaningless to

961
00:52:48.519 --> 00:52:53.039
<v Speaker 4>a John you who makes billions every year. But it's

962
00:52:53.199 --> 00:52:59.880
<v Speaker 4>not millions, I said, But it's not meaningless to the

963
00:53:00.079 --> 00:53:02.960
<v Speaker 4>woman who's working two jobs, and one of those is

964
00:53:03.760 --> 00:53:09.840
<v Speaker 4>working nights as a waitress. And the government right now

965
00:53:09.920 --> 00:53:13.840
<v Speaker 4>takes a percentage of their tips, whether they make tips

966
00:53:13.920 --> 00:53:19.760
<v Speaker 4>or not. And if you ask me, Trump's constituency is

967
00:53:19.840 --> 00:53:22.360
<v Speaker 4>the middle class and the lower middle class that's gotten

968
00:53:22.400 --> 00:53:25.679
<v Speaker 4>screwed over and over for the last forty years, and

969
00:53:25.800 --> 00:53:27.639
<v Speaker 4>I'm all in favor of it. I don't like those

970
00:53:27.639 --> 00:53:32.199
<v Speaker 4>giveaways either, but if that's what it takes to solidify

971
00:53:32.280 --> 00:53:34.800
<v Speaker 4>the middle and lower classes in the Republican Party or

972
00:53:34.800 --> 00:53:37.119
<v Speaker 4>the Trump Party or whatever we're gonna call it someday,

973
00:53:37.920 --> 00:53:40.840
<v Speaker 4>I'm in favor of it. Because, again, what Steve was

974
00:53:40.920 --> 00:53:45.119
<v Speaker 4>kind of saying with a different perspective is the tax

975
00:53:45.519 --> 00:53:48.679
<v Speaker 4>policy has always done that. It just usually favors the rich.

976
00:53:49.599 --> 00:53:51.960
<v Speaker 5>Sorry, just I feel like I'm in I feel like

977
00:53:52.000 --> 00:53:54.960
<v Speaker 5>I'm in some kind of economic bizarre world where we

978
00:53:55.039 --> 00:53:58.000
<v Speaker 5>have adopted the Democratic Parties approach.

979
00:53:58.440 --> 00:54:00.239
<v Speaker 4>And the Democratic Parties adopted.

980
00:54:00.800 --> 00:54:04.639
<v Speaker 5>Yeah, we're giving away tax benefits to favorite interest groups,

981
00:54:04.639 --> 00:54:06.519
<v Speaker 5>and then we have a tariff policy that's like an

982
00:54:06.559 --> 00:54:10.159
<v Speaker 5>industrial policy, and we're spending lots of money. You know,

983
00:54:10.199 --> 00:54:13.800
<v Speaker 5>we're actually not repealing all the Chipsack and the Inflation

984
00:54:13.840 --> 00:54:18.119
<v Speaker 5>Reduction Act. We're still doing industrial policy too, just Biden's

985
00:54:18.119 --> 00:54:21.960
<v Speaker 5>industrial policy. And you saw what happened when the Democrats

986
00:54:21.960 --> 00:54:24.840
<v Speaker 5>pursued all these policies. They ruined the economy and you

987
00:54:24.880 --> 00:54:26.840
<v Speaker 5>had to have Reagan come in and clean House.

988
00:54:27.960 --> 00:54:31.800
<v Speaker 4>Yeah, your your analogies are too lame. Sorry, John, Steve

989
00:54:31.800 --> 00:54:33.960
<v Speaker 4>won't let me. Steve won't let me take them up.

990
00:54:35.280 --> 00:54:38.440
<v Speaker 4>Fill any closing thoughts on that before I moved to

991
00:54:38.519 --> 00:54:39.679
<v Speaker 4>the final closing.

992
00:54:40.639 --> 00:54:42.039
<v Speaker 6>Well, I mean.

993
00:54:41.960 --> 00:54:42.639
<v Speaker 2>You're both right.

994
00:54:42.679 --> 00:54:46.159
<v Speaker 6>I mean I I John is right. I think it's

995
00:54:46.280 --> 00:54:48.400
<v Speaker 6>it has not been conservative.

996
00:54:48.760 --> 00:54:54.960
<v Speaker 5>Phil Sussick, he's running for office. Here, everybody's right here.

997
00:54:56.199 --> 00:55:02.079
<v Speaker 6>Look, the Republican Party has changed, right, It's become a

998
00:55:02.119 --> 00:55:05.039
<v Speaker 6>lot more like the Democratic Party, and it's the party

999
00:55:05.039 --> 00:55:08.920
<v Speaker 6>of the working class. And so we're abandoning the ideas

1000
00:55:08.960 --> 00:55:14.599
<v Speaker 6>of the old understanding was flat taxes and no exceptions

1001
00:55:14.679 --> 00:55:18.159
<v Speaker 6>and no giveaways to certain groups. And well it turns

1002
00:55:18.199 --> 00:55:25.360
<v Speaker 6>out when when your constituency is as as Lucretia just explained,

1003
00:55:26.519 --> 00:55:29.360
<v Speaker 6>working class people, and you can give working class breaks

1004
00:55:29.400 --> 00:55:32.440
<v Speaker 6>in these narrow ways to your benefit. I don't know.

1005
00:55:32.840 --> 00:55:35.320
<v Speaker 6>To me, it shows lack of principle, and I don't

1006
00:55:35.360 --> 00:55:37.519
<v Speaker 6>like it. I think taxes should be low and flat.

1007
00:55:37.960 --> 00:55:40.079
<v Speaker 6>I think that's best for everyone in the long term.

1008
00:55:41.480 --> 00:55:45.599
<v Speaker 6>But greed maybe, But I'm sympathetic to the idea, like,

1009
00:55:47.239 --> 00:55:49.239
<v Speaker 6>maybe you have to take this, maybe this is the

1010
00:55:49.239 --> 00:55:52.519
<v Speaker 6>only way you can you can win in today's America.

1011
00:55:52.760 --> 00:55:55.639
<v Speaker 6>I don't much like that, but that is politics.

1012
00:55:55.920 --> 00:55:58.039
<v Speaker 4>Okay. So the last thing I want to talk about

1013
00:55:58.079 --> 00:56:01.239
<v Speaker 4>as we end today is this whole concept of cover ups.

1014
00:56:01.599 --> 00:56:03.960
<v Speaker 4>I don't want to talk about Epstein. I'm going to

1015
00:56:04.079 --> 00:56:06.239
<v Speaker 4>leave that aside. I have nothing to say about it,

1016
00:56:06.280 --> 00:56:09.800
<v Speaker 4>but I think that there have been, in fact enough

1017
00:56:09.840 --> 00:56:13.840
<v Speaker 4>other kinds of cover ups that are actually serious. Never

1018
00:56:13.880 --> 00:56:17.480
<v Speaker 4>mind the conspiracy theories are on Epstein. No comment on

1019
00:56:17.559 --> 00:56:21.480
<v Speaker 4>that either way. But what we do know is that

1020
00:56:21.559 --> 00:56:25.960
<v Speaker 4>Biden was non compostmentus, that a lot of people covered

1021
00:56:26.000 --> 00:56:28.960
<v Speaker 4>it up, that his stupid ass doctor couldn't even come

1022
00:56:28.960 --> 00:56:31.679
<v Speaker 4>in and tell the truth about the most basic kind

1023
00:56:31.679 --> 00:56:34.360
<v Speaker 4>of questions and somehow managed to plead the fifth. I

1024
00:56:34.440 --> 00:56:38.400
<v Speaker 4>want to know exactly what criminal law he was afraid

1025
00:56:38.440 --> 00:56:40.960
<v Speaker 4>of being charged with when he plead the fifth, But

1026
00:56:41.039 --> 00:56:43.639
<v Speaker 4>we know that the more we find out, that's a

1027
00:56:43.719 --> 00:56:50.079
<v Speaker 4>huge cover up. They're now investigating, thank god, the scum

1028
00:56:50.119 --> 00:56:54.960
<v Speaker 4>of the earth, Brennan, Clapper and Comy, and I hope

1029
00:56:55.000 --> 00:56:58.599
<v Speaker 4>those guys get executed for treason, but that probably won't happen.

1030
00:56:58.599 --> 00:57:03.199
<v Speaker 4>But they are at least investigating them, and so is

1031
00:57:03.199 --> 00:57:05.360
<v Speaker 4>anything going to happen? What do you guys think is

1032
00:57:06.079 --> 00:57:09.239
<v Speaker 4>are we going to find out who actually ran the autopen?

1033
00:57:09.360 --> 00:57:12.360
<v Speaker 4>Are there going to be authorizations? Are we going to

1034
00:57:12.400 --> 00:57:14.280
<v Speaker 4>find out that As a matter of fact, what we

1035
00:57:14.360 --> 00:57:17.239
<v Speaker 4>know with anybody with any brains knew all along it

1036
00:57:17.360 --> 00:57:20.440
<v Speaker 4>Brendan was the most despicable creature on the planet and

1037
00:57:20.480 --> 00:57:23.039
<v Speaker 4>he was plotting against Trump from day one and using

1038
00:57:23.039 --> 00:57:28.880
<v Speaker 4>the intelligence services for his purposes and Obama's purposes. But

1039
00:57:29.159 --> 00:57:33.400
<v Speaker 4>will we get any closure on that? Guys? Predictions I'm

1040
00:57:33.400 --> 00:57:34.800
<v Speaker 4>gonna start with you, Phil, Let's.

1041
00:57:34.599 --> 00:57:35.320
<v Speaker 5>Have our guests.

1042
00:57:35.679 --> 00:57:38.559
<v Speaker 6>Yeah, I predict the past, so I don't know that

1043
00:57:38.599 --> 00:57:40.760
<v Speaker 6>I have any good predictions on this, but I tell

1044
00:57:40.800 --> 00:57:45.000
<v Speaker 6>you I don't like them. I don't like government officials

1045
00:57:45.079 --> 00:57:48.519
<v Speaker 6>using their power to go after past government officials just

1046
00:57:48.559 --> 00:57:51.880
<v Speaker 6>in general. I think that's very bad. But I am

1047
00:57:52.000 --> 00:57:54.079
<v Speaker 6>very curious what they're going to find out about Comy

1048
00:57:54.159 --> 00:57:56.840
<v Speaker 6>and Brennan. And it will be interesting if what we

1049
00:57:56.960 --> 00:57:59.599
<v Speaker 6>find out, And part of me hopes we don't find

1050
00:57:59.639 --> 00:58:01.800
<v Speaker 6>anything and it goes away because I don't like this

1051
00:58:02.599 --> 00:58:08.000
<v Speaker 6>criminalizing politics. But I do wonder if if there's something

1052
00:58:08.000 --> 00:58:10.400
<v Speaker 6>to be found, and if there is something to be found,

1053
00:58:10.400 --> 00:58:13.719
<v Speaker 6>it should be investigated.

1054
00:58:14.679 --> 00:58:17.000
<v Speaker 4>Yeah, I'm oh, go ahead.

1055
00:58:17.360 --> 00:58:22.320
<v Speaker 3>Well, I'm i I'm worried this may slip away. I

1056
00:58:22.360 --> 00:58:25.159
<v Speaker 3>think back to almost thirty years ago when you had

1057
00:58:25.199 --> 00:58:27.960
<v Speaker 3>all those shall we say, irregularities in the Clinton re

1058
00:58:28.039 --> 00:58:30.960
<v Speaker 3>election campaign in nineteen ninety six, there was a special

1059
00:58:31.000 --> 00:58:33.559
<v Speaker 3>committee appoint in the Senate. Remember Fred Thompson sheared it,

1060
00:58:33.639 --> 00:58:35.840
<v Speaker 3>the great Fred Thompson from you know, Hunt for Red

1061
00:58:35.880 --> 00:58:38.159
<v Speaker 3>October and all that great hope that they were going

1062
00:58:38.239 --> 00:58:41.239
<v Speaker 3>to be you know, a great Watergate like hearings that

1063
00:58:41.280 --> 00:58:44.840
<v Speaker 3>would unravel the corruption there, and it all fizzled out.

1064
00:58:45.280 --> 00:58:47.280
<v Speaker 3>I'll just mention, as in the side that I had

1065
00:58:47.320 --> 00:58:49.239
<v Speaker 3>a bit of an inside look at that because a

1066
00:58:49.280 --> 00:58:51.760
<v Speaker 3>certain musician who resides in my household was on the

1067
00:58:51.760 --> 00:58:54.719
<v Speaker 3>staff of that committee until this person resigned because of

1068
00:58:54.760 --> 00:58:58.320
<v Speaker 3>how feeble it was, and it came to nothing. Right,

1069
00:58:58.360 --> 00:59:01.360
<v Speaker 3>So Republicans are bad at this. On the other hand,

1070
00:59:01.400 --> 00:59:03.320
<v Speaker 3>it does seem there's more of a killer instinct than

1071
00:59:03.360 --> 00:59:06.400
<v Speaker 3>the Trump administration and the current Republican Congress. So maybe

1072
00:59:06.400 --> 00:59:09.559
<v Speaker 3>they will see it through and really not take no

1073
00:59:09.679 --> 00:59:12.199
<v Speaker 3>for an answer or Fifth Amendment pleadings and other kinds

1074
00:59:12.199 --> 00:59:15.480
<v Speaker 3>of subterfuges, because it certainly deserves it. I think, and so,

1075
00:59:16.199 --> 00:59:18.599
<v Speaker 3>as Trump likes to say, We'll just have to see

1076
00:59:18.639 --> 00:59:20.920
<v Speaker 3>what happens and thank you for your attention to this matter.

1077
00:59:23.519 --> 00:59:25.639
<v Speaker 5>That was supposed to be the tagline for the show.

1078
00:59:25.719 --> 00:59:26.639
<v Speaker 2>Now I got new one tonight.

1079
00:59:26.920 --> 00:59:28.679
<v Speaker 5>Oh you got a new one. Yeah, yeah, you got

1080
00:59:28.719 --> 00:59:31.559
<v Speaker 5>to have one that makes fun of Notre Dame in football,

1081
00:59:31.599 --> 00:59:33.360
<v Speaker 5>I hope. So you've got time to work on it.

1082
00:59:33.719 --> 00:59:38.480
<v Speaker 5>So you know, the congressional investigator, a former congressional investigator

1083
00:59:38.519 --> 00:59:43.559
<v Speaker 5>in me thinks that the reason why Biden's doctor took

1084
00:59:43.599 --> 00:59:45.400
<v Speaker 5>the fifth is because he doesn't want to have to

1085
00:59:45.440 --> 00:59:49.159
<v Speaker 5>be prosecuted for lying to Congress, because what they would

1086
00:59:49.239 --> 00:59:52.280
<v Speaker 5>do is say, okay, you signed all these things saying

1087
00:59:52.320 --> 00:59:54.760
<v Speaker 5>Biden was, you know, was in a fine state to

1088
00:59:54.760 --> 00:59:58.039
<v Speaker 5>be president? Is that really what you think? And if

1089
00:59:58.039 --> 01:00:01.119
<v Speaker 5>he says no thing, he's lying Congress right, well, either

1090
01:00:01.159 --> 01:00:03.199
<v Speaker 5>way he's going to get caught for lying to Congress.

1091
01:00:03.239 --> 01:00:07.079
<v Speaker 5>So I can see why he doesn't want to testify

1092
01:00:07.239 --> 01:00:10.519
<v Speaker 5>at all. But the congressional investigator in me that thinks

1093
01:00:10.880 --> 01:00:13.000
<v Speaker 5>the way to really get to the bottom of this

1094
01:00:13.159 --> 01:00:16.480
<v Speaker 5>is to find one person in Biden's inner circle and

1095
01:00:16.559 --> 01:00:19.480
<v Speaker 5>offer them immunity from prosecution. So they'll rat out all

1096
01:00:19.519 --> 01:00:22.480
<v Speaker 5>the other ones. And it seems to me to be

1097
01:00:22.519 --> 01:00:25.480
<v Speaker 5>able to keep this front up that they did for

1098
01:00:25.519 --> 01:00:28.559
<v Speaker 5>so long, involving so many issue areas that Biden was

1099
01:00:28.559 --> 01:00:31.360
<v Speaker 5>really in charge, meant that the circle of people who

1100
01:00:31.400 --> 01:00:34.199
<v Speaker 5>actually knew that there was a cover up has to

1101
01:00:34.199 --> 01:00:36.559
<v Speaker 5>be pretty large in the White House. Like it couldn't

1102
01:00:36.599 --> 01:00:38.440
<v Speaker 5>just be the chief of staff who could do this.

1103
01:00:38.880 --> 01:00:41.760
<v Speaker 5>It have to be several people. And so all you

1104
01:00:41.800 --> 01:00:43.840
<v Speaker 5>have to do to crack that is to get one

1105
01:00:43.840 --> 01:00:46.320
<v Speaker 5>of them. Maybe it's this doctor. Maybe the doctor would

1106
01:00:46.360 --> 01:00:50.639
<v Speaker 5>testify with given immunity that the National Security Advisor and

1107
01:00:50.679 --> 01:00:52.639
<v Speaker 5>the Chief of Staff told him to lie to the

1108
01:00:52.679 --> 01:00:57.760
<v Speaker 5>American people or to Congress that Biden was actually mentally competent.

1109
01:00:58.480 --> 01:01:02.119
<v Speaker 5>On Phil's example, I you know, I think you know,

1110
01:01:02.159 --> 01:01:06.400
<v Speaker 5>on this intelligence investigation, I'm not so sure prosecution will

1111
01:01:06.400 --> 01:01:08.039
<v Speaker 5>get us to the right answer, because these guys are

1112
01:01:08.039 --> 01:01:10.719
<v Speaker 5>all going to take the fifth two. And so if

1113
01:01:10.719 --> 01:01:13.360
<v Speaker 5>we really want to find out what happened, and I

1114
01:01:13.480 --> 01:01:15.760
<v Speaker 5>share Phil's view that we really want, it's important for

1115
01:01:15.840 --> 01:01:20.679
<v Speaker 5>us to know what happened with crossfire, Hurricane. Perhaps more

1116
01:01:20.679 --> 01:01:23.360
<v Speaker 5>important than is to see Jim Comey go to jail.

1117
01:01:23.679 --> 01:01:26.159
<v Speaker 5>Is we might give all of them immunity from prosecution

1118
01:01:26.320 --> 01:01:29.400
<v Speaker 5>if they promised to really tell the truth about what

1119
01:01:29.480 --> 01:01:32.079
<v Speaker 5>they did, and so they will have to live with

1120
01:01:32.239 --> 01:01:34.519
<v Speaker 5>so so assume that they really did do what Phil thinks,

1121
01:01:34.519 --> 01:01:38.519
<v Speaker 5>and they you know, you know, concocted all of this

1122
01:01:38.679 --> 01:01:43.079
<v Speaker 5>information to affect the outcome of the twenty I'm sorry,

1123
01:01:43.079 --> 01:01:45.840
<v Speaker 5>the twenty sixteen election. They will live with the shame

1124
01:01:45.840 --> 01:01:48.639
<v Speaker 5>of that for the rest of their careers, and it'll

1125
01:01:48.639 --> 01:01:51.400
<v Speaker 5>be part of their legacy. I think for these guys,

1126
01:01:51.440 --> 01:01:55.320
<v Speaker 5>that's going to be punishment. Maybe maybe it'll be punishment enough.

1127
01:01:55.360 --> 01:01:56.920
<v Speaker 5>I know a lot of people on our side would

1128
01:01:56.920 --> 01:01:59.199
<v Speaker 5>like to see them go to jail, but I don't

1129
01:01:59.280 --> 01:02:01.519
<v Speaker 5>think they ever for will end up going to jail.

1130
01:02:02.719 --> 01:02:04.519
<v Speaker 5>But I don't think that's ever really going to happen

1131
01:02:04.559 --> 01:02:07.800
<v Speaker 5>because I think it's too hard to prove. So maybe

1132
01:02:07.800 --> 01:02:10.079
<v Speaker 5>the better thing is for just the American people to

1133
01:02:10.159 --> 01:02:11.760
<v Speaker 5>learn the facts of what really happened.

1134
01:02:12.880 --> 01:02:16.559
<v Speaker 4>Yeah, the all I just want to slight editorial comment.

1135
01:02:16.599 --> 01:02:18.960
<v Speaker 4>The problem is is that those people live in such

1136
01:02:19.079 --> 01:02:23.119
<v Speaker 4>a self enforcing bubble. I'm not sure they're capable of

1137
01:02:23.119 --> 01:02:26.480
<v Speaker 4>feeling shame because they'll be celebrated, no matter what anything

1138
01:02:26.519 --> 01:02:29.599
<v Speaker 4>they did to try to keep Trump from office, all

1139
01:02:29.639 --> 01:02:33.360
<v Speaker 4>of their cocktail Washington, DC cocktail party friends are gonna

1140
01:02:33.920 --> 01:02:35.760
<v Speaker 4>stand by them in the same way that they did.

1141
01:02:35.800 --> 01:02:38.400
<v Speaker 4>When you know, you know, McCabe didn't lose any of

1142
01:02:38.440 --> 01:02:42.599
<v Speaker 4>his uh anything, He didn't lose his retirement anyway. That

1143
01:02:42.679 --> 01:02:45.719
<v Speaker 4>makes me sick. But that's the problem with your theory, John,

1144
01:02:45.880 --> 01:02:48.840
<v Speaker 4>that you have to be capable of shame, and you

1145
01:02:48.920 --> 01:02:51.079
<v Speaker 4>have to be capable of people willing to shame you

1146
01:02:51.760 --> 01:02:54.199
<v Speaker 4>in the circles that you run in before shame becomes

1147
01:02:54.199 --> 01:02:57.960
<v Speaker 4>any kind of punishment. But just this is my thought, Steve,

1148
01:02:58.920 --> 01:03:02.159
<v Speaker 4>no I already said mine, So okay, all right, and

1149
01:03:02.280 --> 01:03:06.840
<v Speaker 4>I'm done. I I would prefer firing squad if they're

1150
01:03:06.840 --> 01:03:10.079
<v Speaker 4>found guilty of any of this, because it would be treason.

1151
01:03:11.280 --> 01:03:12.960
<v Speaker 5>Wait, you know what we should We should have a

1152
01:03:13.000 --> 01:03:17.679
<v Speaker 5>feature next week Lucretia's firing squad. Who else is on

1153
01:03:17.719 --> 01:03:21.480
<v Speaker 5>that list, long, long list of people who are on

1154
01:03:21.519 --> 01:03:22.960
<v Speaker 5>the list for her firing squad?

1155
01:03:23.719 --> 01:03:23.880
<v Speaker 6>You know?

1156
01:03:24.360 --> 01:03:26.920
<v Speaker 4>The only thing else say is I get what Phil's saying.

1157
01:03:26.960 --> 01:03:30.199
<v Speaker 4>But remember they put Vannon in jail. They put what's

1158
01:03:30.239 --> 01:03:34.239
<v Speaker 4>his name, the old guy, Peter Navarro in jail. You know,

1159
01:03:34.400 --> 01:03:37.719
<v Speaker 4>they they went after Trump, and so this I mean

1160
01:03:37.760 --> 01:03:42.960
<v Speaker 4>even John, even John of all people, mister equanimity and

1161
01:03:43.039 --> 01:03:45.519
<v Speaker 4>mister I want to be fair, said we got to

1162
01:03:45.559 --> 01:03:47.360
<v Speaker 4>play the game back to them for a while and

1163
01:03:47.400 --> 01:03:49.079
<v Speaker 4>teach him a lesson. Do you remember that?

1164
01:03:49.760 --> 01:03:51.719
<v Speaker 5>Yeah, that I agree with. That I still agree with.

1165
01:03:52.360 --> 01:03:55.280
<v Speaker 5>But I would go after I would like to prosecute right,

1166
01:03:55.760 --> 01:03:59.639
<v Speaker 5>Alvin Bragg or Letitia James. They were the ones who

1167
01:03:59.679 --> 01:04:03.880
<v Speaker 5>really tried to affect your friend, what's your name.

1168
01:04:04.239 --> 01:04:05.159
<v Speaker 4>Big fan willis?

1169
01:04:08.280 --> 01:04:10.840
<v Speaker 5>You know this has been like a Greatest Hits episode.

1170
01:04:10.840 --> 01:04:15.880
<v Speaker 5>We got Big Fanny came out, Kareem whatever, Sartre whoever.

1171
01:04:18.639 --> 01:04:22.440
<v Speaker 5>They all made an encoreppearance today. I think for some reason,

1172
01:04:22.519 --> 01:04:24.760
<v Speaker 5>Phil brings out memories of the biting years. I don't

1173
01:04:24.760 --> 01:04:26.360
<v Speaker 5>know why.

1174
01:04:26.559 --> 01:04:31.880
<v Speaker 6>Wait one serious point here though, but how do you

1175
01:04:31.880 --> 01:04:34.800
<v Speaker 6>you're going to start a cycle of Okay, so they

1176
01:04:34.800 --> 01:04:38.639
<v Speaker 6>did bad things to Trump, use the criminal justice system

1177
01:04:38.719 --> 01:04:42.079
<v Speaker 6>in ways that are not good, broke from tradition. But

1178
01:04:42.239 --> 01:04:46.159
<v Speaker 6>if if Republicans now do that, Democrats are going to

1179
01:04:46.239 --> 01:04:48.559
<v Speaker 6>be back in power sooner or later, and they're gonna

1180
01:04:48.599 --> 01:04:51.840
<v Speaker 6>do it. We just I mean, that cycle has got in.

1181
01:04:52.760 --> 01:04:55.000
<v Speaker 5>They're gonna do it anyway. If we Yeah, if we

1182
01:04:55.079 --> 01:04:56.920
<v Speaker 5>let them get away with it, They're gonna do it

1183
01:04:57.119 --> 01:04:59.159
<v Speaker 5>any anyway. You got to deter them.

1184
01:04:59.480 --> 01:05:03.079
<v Speaker 4>I just I give you the Independent Council Law.

1185
01:05:02.960 --> 01:05:04.280
<v Speaker 2>Exactly exactly right.

1186
01:05:04.679 --> 01:05:07.280
<v Speaker 3>Once Democrats figured out that the Independent Council Law could

1187
01:05:07.320 --> 01:05:09.679
<v Speaker 3>be used against Democrats, they decided they didn't like it,

1188
01:05:09.719 --> 01:05:10.679
<v Speaker 3>and we got rid of it.

1189
01:05:11.000 --> 01:05:14.320
<v Speaker 4>So yeah, I do think Trump creates this whole new

1190
01:05:14.360 --> 01:05:17.440
<v Speaker 4>category of things we don't quite understand, both from the

1191
01:05:17.440 --> 01:05:20.159
<v Speaker 4>point of view of Trump being different, but also Trump

1192
01:05:20.280 --> 01:05:25.159
<v Speaker 4>arrangement syndrome being just a totally irrational It makes it

1193
01:05:25.280 --> 01:05:28.119
<v Speaker 4>possible impossible to predict how people are going to behave

1194
01:05:28.239 --> 01:05:31.119
<v Speaker 4>because they are so irrational about their hatred of Trump.

1195
01:05:31.159 --> 01:05:33.639
<v Speaker 4>But anyway, so that being said, here's my Babylon b

1196
01:05:33.880 --> 01:05:38.159
<v Speaker 4>So get ready, guys. Furious Newsome says he won't stand

1197
01:05:38.280 --> 01:05:41.519
<v Speaker 4>silently by. Well, Trump fixes California.

1198
01:05:42.559 --> 01:05:44.599
<v Speaker 5>Love that that's true.

1199
01:05:45.880 --> 01:05:49.519
<v Speaker 4>Man wants, this is my favorite man wants. However, many

1200
01:05:49.599 --> 01:05:53.159
<v Speaker 4>deportions deportations are needed for him to no longer have

1201
01:05:53.239 --> 01:05:55.159
<v Speaker 4>to press one for English.

1202
01:05:56.480 --> 01:05:59.800
<v Speaker 5>Oh oh yeah, you're going to.

1203
01:05:59.800 --> 01:06:05.159
<v Speaker 4>Be all whatever. CSA announces. Passengers no longer have to

1204
01:06:05.199 --> 01:06:11.679
<v Speaker 4>remove their shoes before being fondled, Like, yeah, no, you know.

1205
01:06:12.159 --> 01:06:15.360
<v Speaker 4>The thing is, I have the TSA pre check thing,

1206
01:06:15.599 --> 01:06:18.119
<v Speaker 4>but I always have to remove my shoes because they

1207
01:06:18.159 --> 01:06:21.320
<v Speaker 4>put spikes in women's heels.

1208
01:06:22.000 --> 01:06:24.039
<v Speaker 5>And what Really there's metal in there.

1209
01:06:24.400 --> 01:06:27.519
<v Speaker 4>As we give them their their stability and strength. So

1210
01:06:27.880 --> 01:06:32.039
<v Speaker 4>I always have to take my shoes off anyway. So

1211
01:06:32.880 --> 01:06:40.679
<v Speaker 4>former White House doctor denies ever knowing a Joe Biden Republicans.

1212
01:06:40.960 --> 01:06:45.000
<v Speaker 4>You'll like this one. John Republicans unveiled debt plan transfer

1213
01:06:45.119 --> 01:06:49.199
<v Speaker 4>balance to capital one credit card was zero percent intro APR.

1214
01:06:50.119 --> 01:06:53.159
<v Speaker 5>Oh awesome. Can you imagine how many freaking fire miles

1215
01:06:53.199 --> 01:06:53.719
<v Speaker 5>I would get?

1216
01:06:54.679 --> 01:06:58.920
<v Speaker 4>Right? Would you get the government's frequent fire miles?

1217
01:06:59.000 --> 01:06:59.159
<v Speaker 3>Oh?

1218
01:06:59.280 --> 01:06:59.880
<v Speaker 5>Yeah, I checked.

1219
01:07:00.079 --> 01:07:01.800
<v Speaker 4>I've been such a loyal government servant.

1220
01:07:02.000 --> 01:07:03.679
<v Speaker 5>No, this is why I checked on when I was

1221
01:07:03.719 --> 01:07:05.719
<v Speaker 5>in the government, to make sure I get the frequent

1222
01:07:05.760 --> 01:07:08.119
<v Speaker 5>flyer miles. Not the government. Damn straight.

1223
01:07:08.159 --> 01:07:09.440
<v Speaker 4>They almost took that away, you.

1224
01:07:09.360 --> 01:07:11.320
<v Speaker 5>Know, I know I tried.

1225
01:07:11.880 --> 01:07:14.480
<v Speaker 4>Yeah, I know they But see there's another there's an

1226
01:07:14.480 --> 01:07:17.079
<v Speaker 4>example of what I'm talking about. That's a that's a

1227
01:07:17.199 --> 01:07:21.079
<v Speaker 4>benefit that you get that rich people get and poor

1228
01:07:21.119 --> 01:07:26.719
<v Speaker 4>people don't. So there disaster liberal goes back in time

1229
01:07:26.880 --> 01:07:29.880
<v Speaker 4>to kill Hitler, but now has no one to compare

1230
01:07:30.320 --> 01:07:34.360
<v Speaker 4>people he disagrees with too.

1231
01:07:34.719 --> 01:07:40.480
<v Speaker 5>Yeah, okay, unfinished, Steve, your turn, John, always drink your whiskey,

1232
01:07:40.559 --> 01:07:42.960
<v Speaker 5>meat and Steve, did you come up with a haikup

1233
01:07:43.000 --> 01:07:44.480
<v Speaker 5>attacking Notre Dame football?

1234
01:07:44.840 --> 01:07:46.559
<v Speaker 2>No? I didn't. I didn't think about.

1235
01:07:46.639 --> 01:07:50.119
<v Speaker 3>Oh I do have an AI couplet left over from

1236
01:07:50.119 --> 01:07:53.840
<v Speaker 3>a while ago, and it goes three whiskey Happy hour,

1237
01:07:54.159 --> 01:07:58.119
<v Speaker 3>Tilt your mind and take the dive. Logic burns like

1238
01:07:58.199 --> 01:08:01.679
<v Speaker 3>April Showers. That makes no sense in the hour? Not

1239
01:08:01.760 --> 01:08:06.960
<v Speaker 3>quite alive? Where forgotten thoughts revive? That was really logic

1240
01:08:07.039 --> 01:08:08.400
<v Speaker 3>burns like Aple Showers.

1241
01:08:08.440 --> 01:08:09.079
<v Speaker 2>That's that's that?

1242
01:08:09.119 --> 01:08:11.239
<v Speaker 5>Doesn't that one makes no sense? Sense?

1243
01:08:12.079 --> 01:08:14.039
<v Speaker 2>For a better one next week and maybe if I

1244
01:08:14.079 --> 01:08:15.000
<v Speaker 2>can find one for not.

1245
01:08:15.159 --> 01:08:15.679
<v Speaker 1>Was that was that?

1246
01:08:15.840 --> 01:08:18.960
<v Speaker 5>Wa? Wait? Did you was that? Were you using Rock?

1247
01:08:20.000 --> 01:08:20.399
<v Speaker 2>Nor?

1248
01:08:24.000 --> 01:08:25.600
<v Speaker 5>Was that? At the end of one of its anti

1249
01:08:25.680 --> 01:08:27.239
<v Speaker 5>semitic rants would.

1250
01:08:27.199 --> 01:08:29.359
<v Speaker 4>Reminds me one last Babylon B Sorry, I know it's

1251
01:08:29.359 --> 01:08:32.520
<v Speaker 4>out of order. Elon Omar announced his engagement to Grock.

1252
01:08:34.920 --> 01:08:37.840
<v Speaker 5>That's pretty good, all right, guys?

1253
01:08:38.199 --> 01:08:42.079
<v Speaker 4>By everyone legs everyone.

1254
01:09:10.479 --> 01:09:13.239
<v Speaker 6>Alonga blia after the ricochet

1255
01:09:14.920 --> 01:09:15.920
<v Speaker 5>Join the conversation.
