WEBVTT 1 00:00:01.800 --> 00:00:06.360 Well, whiskey, come and take my pain, the moneys my brain. 2 00:00:06.799 --> 00:00:09.640 Oh whiskey, don't you let me. 3 00:00:11.279 --> 00:00:11.400 Here? 4 00:00:11.519 --> 00:00:15.439 From power Line blog dot com and produced by Ricochet 5 00:00:15.480 --> 00:00:20.399 dot com. This is the three Whiskey Happy Hour with 6 00:00:20.519 --> 00:00:26.120 your bartenders Steve Hayward, John You and power Lines International 7 00:00:26.160 --> 00:00:28.239 Woman of Mystery Lucretia. 8 00:00:28.839 --> 00:00:33.439 Have you gotta giving? Let that whiskey blow where you're 9 00:00:33.479 --> 00:00:35.359 feeling in love? Down and load. 10 00:00:38.439 --> 00:00:41.560 Welcome everybody to the three Whiskey Happy Hour where we 11 00:00:41.640 --> 00:00:45.520 are going to begin as we are supposed to discussing 12 00:00:45.600 --> 00:00:48.880 whiskey during our happy hour, and it's actually happy hour 13 00:00:48.960 --> 00:00:50.759 for a change, so we can have whiskey and that 14 00:00:50.880 --> 00:00:53.359 coffee or something done like that. So we're starting with. 15 00:00:54.320 --> 00:00:57.719 This is the youngest whiskey I'm having today. This is 16 00:00:57.840 --> 00:01:01.039 the cask of a Monteata whiskey. Very excited about that. 17 00:01:01.719 --> 00:01:05.760 Then the next youngest is yeah, none of them are 18 00:01:05.760 --> 00:01:08.840 old enough to vote? Is this fourteen year old Glenn Fittach. 19 00:01:09.879 --> 00:01:14.439 And finally the one I'm actually drinking is I'll show you. 20 00:01:14.439 --> 00:01:18.599 This one is the fifteen year old Solera fifteen Warm 21 00:01:18.599 --> 00:01:22.200 and Spicy, fifteen years in bourbon, new oak and sherry 22 00:01:22.239 --> 00:01:28.920 casks so none of that nasty old cigarette ashtray scotch free. 23 00:01:30.480 --> 00:01:34.920 Welcome gentlemen, John Oh, I think have the best looking bottle. 24 00:01:36.400 --> 00:01:40.760 I've got this gigantic will It pot still, which I 25 00:01:40.799 --> 00:01:43.359 think I haven't even opening for the first time. 26 00:01:44.359 --> 00:01:47.239 Yeah, you know, I think when you smells really sweet 27 00:01:47.599 --> 00:01:49.159 when you pulled it off your shelf, it looks like, 28 00:01:49.280 --> 00:01:50.400 what is he getting a bomb? 29 00:01:50.480 --> 00:01:54.280 I mean it looks like only you refugees from the 30 00:01:54.319 --> 00:01:55.480 seventies would think that. 31 00:01:55.719 --> 00:01:58.439 Okay, Steve, tell us what you're drinking while I put 32 00:01:58.439 --> 00:01:59.280 my dogs outside. 33 00:02:00.280 --> 00:02:02.920 My first glass is a Lefroy quarter cask, and then 34 00:02:02.920 --> 00:02:06.640 my backup for later is a Balveny doublewood twelve. But 35 00:02:07.359 --> 00:02:08.960 I think Lucretia can hear us. I think she's got 36 00:02:08.960 --> 00:02:11.000 her earbuds on. This is this has been a week 37 00:02:11.039 --> 00:02:13.360 for drinking. I have to tell you because it's been 38 00:02:13.360 --> 00:02:16.560 so crazy. I dusted off Kingsley Amos's great book on 39 00:02:16.599 --> 00:02:19.039 every Day Drinking, which is all its best alcohol writing. 40 00:02:19.639 --> 00:02:26.120 But knowing that Lucretia likes Glenn MORAINGI I thought she's 41 00:02:26.159 --> 00:02:27.800 gonna want to hear this, I mean be able to 42 00:02:27.840 --> 00:02:31.400 respond to it. Uh. Here's here's what Amos says about 43 00:02:31.400 --> 00:02:35.280 Glenn Morange. He says, Glenn Maring, for example, a well 44 00:02:35.479 --> 00:02:39.840 liked brand has been called delicate and mild, even faintly sweet. 45 00:02:40.439 --> 00:02:42.560 Now that seems like the wrong whiskey for you, Lucretia, 46 00:02:42.599 --> 00:02:45.439 because no one would confuse you with delicate, mild and 47 00:02:45.520 --> 00:02:52.479 even faintly sweet, right, but. 48 00:02:52.360 --> 00:02:55.919 Not mild, definitely not faintly sweet. 49 00:02:56.280 --> 00:03:00.599 But he also says Glenn Fiddick brute and well balanced. 50 00:03:00.840 --> 00:03:02.680 I'm not sure that fits you either. 51 00:03:02.759 --> 00:03:04.039 Well balanced, that's me. 52 00:03:04.400 --> 00:03:06.639 Well, okay, maybe the problem. 53 00:03:06.280 --> 00:03:08.800 Is you guys think I'm not because your squishes. As 54 00:03:08.800 --> 00:03:11.879 somebody said in the air in the chat, we. 55 00:03:12.120 --> 00:03:15.800 Sque are they living? 56 00:03:16.719 --> 00:03:17.479 Do they just need? 57 00:03:17.560 --> 00:03:19.639 Do they just only live in Montana? And don't leave 58 00:03:19.680 --> 00:03:21.199 this don't leave the state. 59 00:03:21.120 --> 00:03:24.319 John, you haven't figured this out, were It's lucretious universe. 60 00:03:24.319 --> 00:03:25.199 We're just living in it. 61 00:03:25.759 --> 00:03:29.400 So actually, the interesting thing was, Steve, last time the 62 00:03:29.560 --> 00:03:31.919 three of us got our all of us got our 63 00:03:31.960 --> 00:03:36.159 own share, all three of us of positive comments and 64 00:03:36.240 --> 00:03:41.639 negative comments. What was even me? My negative comments got 65 00:03:42.120 --> 00:03:47.759 down arrows and your guys just didn't. But you know, 66 00:03:48.560 --> 00:03:52.120 but yeah, women. 67 00:03:51.360 --> 00:03:53.879 Why did you become a social scientist? To start counting 68 00:03:53.919 --> 00:03:54.439 these things. 69 00:03:55.240 --> 00:03:57.599 I was just laughing about it. It was because there's 70 00:03:57.639 --> 00:04:00.520 a woman who finds me objectionable because I'm fun of 71 00:04:00.520 --> 00:04:04.120 other fat, ugly, stupid women when they. 72 00:04:04.000 --> 00:04:10.319 Are pass. 73 00:04:12.759 --> 00:04:15.919 I can't help myself, and I can do it because, 74 00:04:16.000 --> 00:04:17.839 you know what, I am a woman. That's why the 75 00:04:18.160 --> 00:04:20.759 one of the big things going across social media this 76 00:04:20.800 --> 00:04:24.079 past week has been this fight on the right. Where else, 77 00:04:24.120 --> 00:04:27.000 because that's the only place that they ever fight about anything. 78 00:04:27.439 --> 00:04:35.800 Whether we should concentrate on Pamela's really awful background policy 79 00:04:35.800 --> 00:04:39.000 failures to the extent she has any at all. Uh, 80 00:04:39.040 --> 00:04:42.000 you know, talk about a record, keep it on the 81 00:04:42.160 --> 00:04:46.519 up and up, keep it not personal. Don't talk about 82 00:04:46.519 --> 00:04:48.680 the fact that she slept with Willie Brown to get 83 00:04:48.680 --> 00:04:51.879 ahead in politics. Don't talk about the fact that, you know, 84 00:04:52.000 --> 00:04:55.160 on and on and on that she's dumb, that she's inarticulate, 85 00:04:55.319 --> 00:04:59.879 that she speaks in word salads. Talk about her policies, 86 00:05:00.680 --> 00:05:02.759 and of course, you know, then then the then the 87 00:05:02.839 --> 00:05:06.160 left turns around and says all sorts of uh, really 88 00:05:06.360 --> 00:05:10.360 horrible personal things about JD. Vance and about Donald Trump. Yeah, 89 00:05:10.360 --> 00:05:13.560 but we can't be like them. They don't follow the 90 00:05:13.680 --> 00:05:20.040 John you rule of fight fire with fire, though, I think. 91 00:05:19.839 --> 00:05:22.879 There's so much material to work with on how left 92 00:05:22.920 --> 00:05:25.720 wing she is that we don't even need to state 93 00:05:25.759 --> 00:05:29.600 the obvious about that. She's being picked for diversity reasons 94 00:05:29.639 --> 00:05:33.560 and has been her whole career. So, I mean, I 95 00:05:34.199 --> 00:05:36.879 was a piece looking at her criminal procedure record when 96 00:05:36.920 --> 00:05:40.319 she was DA and HGA California, and there's so much 97 00:05:40.959 --> 00:05:45.160 material to work with that. I mean, why would why 98 00:05:45.160 --> 00:05:48.079 would the rest of the country want to elect a 99 00:05:48.199 --> 00:05:53.120 California Marxist to the presidency given what they've done to 100 00:05:53.160 --> 00:05:55.480 the state. We don't need to do much more than that. 101 00:05:55.839 --> 00:05:58.600 I'm an anecdote. You hear, John, You didn't know that 102 00:05:58.639 --> 00:06:00.000 was a verb, did you. 103 00:05:59.759 --> 00:05:59.800 So? 104 00:06:00.319 --> 00:06:06.160 When she was chosen for the VP slot, I walked 105 00:06:06.199 --> 00:06:12.360 into a colleague who was a retired brigadier general who said, 106 00:06:12.439 --> 00:06:14.839 isn't the most this is the most exciting thing you've 107 00:06:14.879 --> 00:06:18.000 ever heard. I had tears running down my face when 108 00:06:18.079 --> 00:06:22.160 I saw the fact that the United States of America 109 00:06:22.199 --> 00:06:27.120 had finally nominated as a nominee for a major party 110 00:06:27.199 --> 00:06:33.000 for president, a woman of color, a woman of an 111 00:06:33.079 --> 00:06:36.279 African American. I said, she's not African American. Well, but 112 00:06:36.480 --> 00:06:39.360 she's a woman of color, she's and I said, she's 113 00:06:39.360 --> 00:06:42.639 a DEI candidate, she's unqualified, and she's there to make 114 00:06:42.680 --> 00:06:45.639 the Biden ticket look better. And I swear his face 115 00:06:45.680 --> 00:06:47.519 turned the color of Steve shirt, which, for those of 116 00:06:47.519 --> 00:06:50.360 you who are listening to the recording, is white. I 117 00:06:50.360 --> 00:06:52.680 don't think he ever, I didn't know him very well. 118 00:06:52.839 --> 00:06:55.279 Ever expected somebody to push back and say, what a 119 00:06:55.279 --> 00:07:00.000 pussy you cried because some scum boh sorry, got nomine 120 00:07:01.319 --> 00:07:03.600 I think we should talk about it every single day. 121 00:07:03.639 --> 00:07:06.879 The fact that she's unqualified because she was chosen for 122 00:07:07.079 --> 00:07:09.839 reasons other than qualifications. 123 00:07:09.240 --> 00:07:11.759 Well, well, the obvious irony here is well, first of all, 124 00:07:11.800 --> 00:07:14.160 it ought to be pointed out relentlessly that once Biden 125 00:07:14.279 --> 00:07:17.800 settled on nominating a black woman to be vice president, 126 00:07:18.199 --> 00:07:21.360 a person of color, he has ruled out ninety percent 127 00:07:21.480 --> 00:07:26.120 of the American population from consideration. You know, nobody seems 128 00:07:26.120 --> 00:07:29.839 to think that this is outrageous and absurd and offensibly. 129 00:07:29.519 --> 00:07:32.839 Because of the populations had all the benefit in the past. 130 00:07:33.240 --> 00:07:36.360 Well, well, they'll I understand that. But then the other 131 00:07:36.439 --> 00:07:39.279 one is nowadays, I thought DEI is supposed to be 132 00:07:39.279 --> 00:07:41.240 a good thing, but to point it out now is 133 00:07:41.319 --> 00:07:44.360 racist and sexist and horrible. So the contradictions are now 134 00:07:44.480 --> 00:07:47.560 impossible to paper over and deny, and so that's why 135 00:07:47.639 --> 00:07:49.000 they're not going to be able to escape it. 136 00:07:49.040 --> 00:07:50.879 Maybe this is why I am a squish. I don't 137 00:07:50.920 --> 00:07:53.959 have any problems if people, for political reasons want to 138 00:07:54.000 --> 00:07:57.040 put up candidates who are a certain race or gender, 139 00:07:57.319 --> 00:08:00.480 but then they can be criticized for it. You know, 140 00:08:00.800 --> 00:08:04.000 that's just part of politics, right. I'm sure when the 141 00:08:04.120 --> 00:08:06.360 when in Boston, when they first started putting the first 142 00:08:06.399 --> 00:08:08.879 Irish candidates on the ballot right to get the Irish 143 00:08:08.920 --> 00:08:12.759 immigrant vote, that's fine, it's just politics. But then you 144 00:08:12.800 --> 00:08:15.920 can criticize them for is maybe not being the most 145 00:08:16.000 --> 00:08:18.360 qualified people. So I don't think it's I don't think 146 00:08:18.360 --> 00:08:21.040 there's anything wrong with politicians saying, oh, we're going to 147 00:08:21.079 --> 00:08:23.199 have a black woman. Although I was thinking about that, 148 00:08:23.199 --> 00:08:26.399 Brigadier general, is he going to cry for every ethnic 149 00:08:26.439 --> 00:08:28.639 group when they first get numb and put on the ticket, 150 00:08:28.639 --> 00:08:30.560 because that's going to he might do a lot of 151 00:08:30.600 --> 00:08:31.439 crying every for that. 152 00:08:31.480 --> 00:08:34.360 I actually think it was just too much in one package, 153 00:08:34.440 --> 00:08:37.759 you know, toom you know, as we like to call 154 00:08:37.799 --> 00:08:39.639 it on the other when we're making fun of it, 155 00:08:39.679 --> 00:08:42.120 A two for three for whatever you want to call it. 156 00:08:43.039 --> 00:08:46.080 I think after Kamala, who cares? 157 00:08:46.200 --> 00:08:46.240 What? 158 00:08:46.440 --> 00:08:48.639 What can you do that's worse? I guess you're gonna 159 00:08:48.639 --> 00:08:51.159 have Pete booty juice. 160 00:08:52.279 --> 00:08:54.279 I'm hoping he's the running mate. That would be perfect. 161 00:08:54.679 --> 00:08:57.879 Wouldn't that be great? Wouldn't that be great? Actually, I 162 00:08:57.879 --> 00:09:00.399 think the funniest thing. I don't want to spend anytime 163 00:09:00.440 --> 00:09:02.559 on this. It wasn't on my agenda, But I think 164 00:09:02.600 --> 00:09:07.720 the funniest thing is the whole simmering under the surface 165 00:09:07.759 --> 00:09:11.039 controversy about the fact that nobody thinks he's really gay. 166 00:09:11.840 --> 00:09:14.240 Oh yeah, well really, I hadn't heard it. 167 00:09:14.360 --> 00:09:16.639 Yeah it was. I mean, Tucker Carlson said it, and 168 00:09:16.679 --> 00:09:18.559 of course he was lambastad for it. But it was 169 00:09:18.559 --> 00:09:21.639 on the American Mind podcast this morning from our friends 170 00:09:21.639 --> 00:09:25.679 from Claremont discussing it. Yes, because supposedly some. 171 00:09:27.120 --> 00:09:31.120 I oh no, I remember this now. Back in twenty twenty, 172 00:09:31.639 --> 00:09:34.840 there were some writers at the New Republic who attacked 173 00:09:34.879 --> 00:09:37.799 him for not being gay enough. They called him like 174 00:09:37.960 --> 00:09:39.559 I'd never heard. I didn't even know what any of 175 00:09:39.600 --> 00:09:41.639 these things meant. They called him like the house gay. 176 00:09:43.279 --> 00:09:45.519 I swear and they had like some name for him 177 00:09:45.519 --> 00:09:47.200 that got the writer in a lot of trouble, but 178 00:09:47.240 --> 00:09:49.399 I can't remember what it was, but yeah, they attacked 179 00:09:49.480 --> 00:09:52.639 him for being too conservative, a gay person, or too conventional. 180 00:09:52.679 --> 00:09:57.320 I guess, okay, I have let it go off the rails. 181 00:09:57.320 --> 00:09:59.480 But I'm going to bring us back to reality here 182 00:09:59.519 --> 00:10:02.759 for a moment, because John, one of the complaints, not 183 00:10:02.960 --> 00:10:05.000 against any one of the three of us last time, 184 00:10:05.840 --> 00:10:09.000 was that we didn't actually talk about the Canon, the 185 00:10:09.120 --> 00:10:13.519 Judge canon decision of dismissing the case against Trump, and 186 00:10:14.559 --> 00:10:17.639 a lot of people wanted to hear your analysis of that. 187 00:10:17.799 --> 00:10:21.039 How you think, what you think about her decision, a 188 00:10:21.080 --> 00:10:23.480 bit of analysis of her decision, but also how you 189 00:10:23.480 --> 00:10:27.960 think it might affect the other persecution, I mean prosecutions 190 00:10:27.960 --> 00:10:31.279 of Trump that are still more or less ongoing. 191 00:10:32.679 --> 00:10:34.759 Well, you know, when I first heard of this argument, 192 00:10:34.799 --> 00:10:38.159 I thought it was kind of a hail Mary argument. 193 00:10:38.200 --> 00:10:42.120 But that's because the d C Circuit had already rejected it. 194 00:10:42.120 --> 00:10:45.600 It had been brought against Robert Mueller, and the Supreme 195 00:10:45.639 --> 00:10:49.799 Court had refused to grant certain hear the argument. But 196 00:10:49.879 --> 00:10:52.559 Judge Cannon's in Florida, which is a different circuit, When 197 00:10:52.559 --> 00:10:54.919 I say circuit, I'm referring to the federal appeals courts, 198 00:10:55.519 --> 00:10:58.120 so she's not bound by what the federal Appeals Court 199 00:10:58.159 --> 00:11:02.080 in DC thinks. I think she's written maybe the most 200 00:11:02.120 --> 00:11:05.799 thorough opinion that's ever been done about special councils. She 201 00:11:05.919 --> 00:11:08.919 goes through the long history of them, talks about the 202 00:11:08.960 --> 00:11:12.879 different ways they've been appointed. But the basic fact of 203 00:11:12.919 --> 00:11:17.759 the matter is that she says, there is no congressional 204 00:11:17.799 --> 00:11:23.320 statute that authorizes an employee to be special counsel. So 205 00:11:23.519 --> 00:11:27.120 it's just illegal to say, Jack Smith, you're from outside 206 00:11:27.120 --> 00:11:28.559 of the government and we're going to put you in 207 00:11:28.559 --> 00:11:32.519 the job of special council. Then her second argument, I think, 208 00:11:32.639 --> 00:11:35.519 actually that's pretty good. I mean, I don't see any 209 00:11:36.200 --> 00:11:39.360 I didn't see Jack Smith actually make a compelling argument 210 00:11:39.720 --> 00:11:43.480 against that. The second argument is tougher. I think she 211 00:11:43.559 --> 00:11:45.559 has the better the argument, but I could see both sides. 212 00:11:45.600 --> 00:11:49.200 And this is, even if he is an employee, he 213 00:11:49.279 --> 00:11:52.960 has so much power. He's almost equivalent to a cabinet 214 00:11:53.039 --> 00:11:55.159 officer because no one can tell him what to do. 215 00:11:55.879 --> 00:11:58.759 And usually when you have that kind of policy making authority, 216 00:11:58.799 --> 00:12:01.639 you are an officer of the United States who's considered 217 00:12:01.639 --> 00:12:06.840 a principal officer, and principal officers have to be appointed, 218 00:12:07.799 --> 00:12:12.519 usually by presidential nomination and Senate consent. Sometimes it can 219 00:12:12.559 --> 00:12:16.440 be people who are appointed directly by the president. Smith 220 00:12:16.480 --> 00:12:19.919 has so much authority he's not really under the control 221 00:12:20.440 --> 00:12:23.600 of the Attorney General Merrick Garland. Merck Garland keeps usefully 222 00:12:23.759 --> 00:12:27.000 saying that he's not telling telling Jack Smith what to do. 223 00:12:27.799 --> 00:12:30.840 So all those statements played into her hands, as she said, 224 00:12:30.879 --> 00:12:36.399 he's an unconstitutional officer. Now, the one thing about it 225 00:12:36.440 --> 00:12:39.559 is that it's actually pretty easy to cure, which is 226 00:12:39.639 --> 00:12:42.600 kick Jack Smith out of the job and appoint some 227 00:12:42.919 --> 00:12:46.840 US attorney is the special counsel. That's why David Weiss, 228 00:12:47.200 --> 00:12:50.120 who's investigating Hunter Biden, he doesn't raise any of these 229 00:12:50.159 --> 00:12:54.240 problems because ever before he became Special counsel, David Weiss 230 00:12:54.279 --> 00:12:57.360 was nominated by the President, confirmed by the Senate to 231 00:12:57.440 --> 00:13:01.399 be the top federal prosecutor in Wilmington, Delaware. So Garland 232 00:13:01.399 --> 00:13:05.200 can eat Garland, and Biden can easily fix this by 233 00:13:05.360 --> 00:13:10.120 picking some other Justice Department person now who's already been 234 00:13:10.120 --> 00:13:13.000 confirmed for office and give them the job. In that case, 235 00:13:13.000 --> 00:13:17.559 then the word special council is in reality just window dressing, right. 236 00:13:17.600 --> 00:13:19.399 You don't even need the term. You could just say, 237 00:13:19.720 --> 00:13:22.000 David Weiss, I'm not going to call you special counsel, 238 00:13:22.039 --> 00:13:24.120 but I direct you to investigate Hunter Biden. It would 239 00:13:24.120 --> 00:13:26.519 be the same thing. So that's why I think her 240 00:13:26.600 --> 00:13:31.399 opinion is right. But in the end, it doesn't really 241 00:13:31.600 --> 00:13:35.279 stop Biden and Garland from continuing the Special Council of 242 00:13:35.679 --> 00:13:40.639 Investigation into Trump. Now, I think politically the wise thing 243 00:13:40.720 --> 00:13:43.639 for Biden and Garland to have done was this to 244 00:13:43.720 --> 00:13:46.960 declare defeat and move on and just say there's no 245 00:13:47.039 --> 00:13:50.240 way for us to complete this Special Council of vestigation 246 00:13:50.240 --> 00:13:52.919 because the Supreme Court has already struck down one of 247 00:13:53.000 --> 00:13:56.720 our main charges, which we discussed before, was this tampering 248 00:13:56.720 --> 00:13:59.559 with evidence, and the Supreme Court is granted President Trump 249 00:13:59.559 --> 00:14:04.080 immunity for all his official decisions with his constitutional powers. 250 00:14:04.679 --> 00:14:07.240 We disagree with these decisions, but we recognize we can't 251 00:14:07.360 --> 00:14:10.960 really continue now. And then this is the last stake 252 00:14:11.039 --> 00:14:14.360 in the heart of the Special Council, saying Jack Smith's unconstitutional. 253 00:14:14.679 --> 00:14:17.480 They should just say where it's over, Well, law fair, 254 00:14:17.559 --> 00:14:19.320 dawn work, and we're just gonna throw it over to 255 00:14:19.320 --> 00:14:22.000 the November elections. Let the American people decide. 256 00:14:21.559 --> 00:14:24.799 We're going to throw it to the battle box. Before 257 00:14:24.840 --> 00:14:27.399 I concede over to you, Steve, and maybe we're going 258 00:14:27.440 --> 00:14:30.200 to make the same point. When we discussed this last 259 00:14:30.279 --> 00:14:35.559 before this decision came out, I mentioned that I thought 260 00:14:35.600 --> 00:14:40.320 the problem with the Special Council was that it was 261 00:14:40.440 --> 00:14:44.960 in effect given unlimited resources to prosecute, and that one 262 00:14:45.000 --> 00:14:48.039 of the you know, one of the limitations on normal, 263 00:14:48.080 --> 00:14:51.399 everyday prosecutors is that they have to use their limited 264 00:14:51.440 --> 00:14:54.879 resources wisely. Those decisions can often be political, and often 265 00:14:54.919 --> 00:14:57.840 are political, but nevertheless, year you know, and we see 266 00:14:57.840 --> 00:15:00.600 that with Alvin Bragg and all the soils prosecutors. But otherwise, 267 00:15:00.600 --> 00:15:03.000 if you're a prosecutor and you have limited resources, you 268 00:15:03.039 --> 00:15:06.879 pick the worst crimes, the crimes that maybe are the 269 00:15:06.879 --> 00:15:08.759 things that people are most upset about, because if you 270 00:15:08.799 --> 00:15:12.240 prosecute them, you'll get reelected. However that works. You guys 271 00:15:12.240 --> 00:15:15.720 all get it. But in this case I argued that 272 00:15:16.399 --> 00:15:21.840 the resources given to Smith were essentially unlimited, and you 273 00:15:21.919 --> 00:15:26.399 said no. But that was an argument that Cannon made 274 00:15:26.519 --> 00:15:28.720 and said, I'm not going to reach it because I 275 00:15:28.799 --> 00:15:31.639 don't have to. But he had and I don't remember 276 00:15:31.679 --> 00:15:37.080 the term you probably do. John. Basically, he had money 277 00:15:37.120 --> 00:15:41.519 that was never allocated by Congress that he could spend 278 00:15:41.519 --> 00:15:45.120 as much as he wanted. Of am I wrong, No. 279 00:15:45.159 --> 00:15:48.360 I think no. I think You've got part of this right. 280 00:15:48.879 --> 00:15:56.440 And this shows the contradiction that the Biden Garland Justice 281 00:15:56.480 --> 00:16:00.960 Department put it. They put themselves into it. So if 282 00:16:01.000 --> 00:16:04.320 you say, the more they were saying, oh, Jack Smith's 283 00:16:04.320 --> 00:16:07.279 independent and we're gonna let him spend just as much 284 00:16:07.320 --> 00:16:09.440 money as he wants and hire as many people as 285 00:16:09.440 --> 00:16:13.159 he needs, then that falls into Cannon's argument he's really 286 00:16:13.279 --> 00:16:17.279 just on a part with the Attorney General himself. The 287 00:16:17.320 --> 00:16:21.480 more they say no, actually, he has to obey Justice 288 00:16:21.600 --> 00:16:24.879 Department guidelines. The director, he's directed by the Attorney General. 289 00:16:24.960 --> 00:16:27.799 He's really just an employee, then they get no political 290 00:16:27.799 --> 00:16:31.480 benefit because then it's obvious as it is that he's 291 00:16:31.559 --> 00:16:33.799 just doing the bidding of Biden and Garland and that 292 00:16:33.840 --> 00:16:37.399 it really is a political prosecution. And so you're quite 293 00:16:37.440 --> 00:16:41.960 right that one thing Canon said is that because there's 294 00:16:42.000 --> 00:16:45.519 no law that creates his position, you know, you just 295 00:16:45.559 --> 00:16:48.159 can't bring an outsider in and say he's special counsel. 296 00:16:48.679 --> 00:16:51.720 She also said, and there's no money appropriated for such 297 00:16:51.720 --> 00:16:55.679 a position, and since there's no money appropriated, it's illegal 298 00:16:55.679 --> 00:16:58.559 for him to spend federal dollars. That's how she worked 299 00:16:58.559 --> 00:17:00.799 it in I mean, I think that part of its quirt. 300 00:17:00.960 --> 00:17:03.919 And in that way she didn't address this bigger constitutional issue. 301 00:17:04.119 --> 00:17:07.519 She could just say there's no statute that creates his 302 00:17:07.599 --> 00:17:10.200 office or funds his office. Therefore she doesn't reach a 303 00:17:10.279 --> 00:17:13.960 bigger issue, which is and he would be unconstitutional because 304 00:17:14.000 --> 00:17:15.119 he's got too much power. 305 00:17:15.920 --> 00:17:18.119 So you know, John, I I was. I still haven't 306 00:17:18.119 --> 00:17:20.000 read through the whole ninety pages, but I did look 307 00:17:20.000 --> 00:17:23.559 at the excerpts about what violated the appointments clause in 308 00:17:23.599 --> 00:17:28.960 the Constitution, and I started having flashbacks to oh, come on, 309 00:17:30.000 --> 00:17:35.880 you know the Independent Council case from the eighties. Thanks, right, 310 00:17:36.160 --> 00:17:38.160 and there I'm having flash and of course, right now, 311 00:17:38.160 --> 00:17:39.680 how that turned out. It was what eight to one, 312 00:17:39.720 --> 00:17:44.279 with only Scalia dissenting, and people later saying, ah, even 313 00:17:44.359 --> 00:17:46.599 Linda Greenhouse New York Times says, gosh, you know, really 314 00:17:46.599 --> 00:17:49.279 Scleia might have been right after all, right, But of 315 00:17:49.279 --> 00:17:55.720 course that dissent rested upon Larry Silberman's fabulous Appellate Court opinion. 316 00:17:55.759 --> 00:17:57.839 When that case first came up. So my question is 317 00:17:57.880 --> 00:18:02.079 a simple one long setup, sorry, on the Silberman scale 318 00:18:02.119 --> 00:18:05.319 of one to ten, ten being full Silberman, where do 319 00:18:05.359 --> 00:18:06.279 you rake this opinion? 320 00:18:06.880 --> 00:18:09.160 The reason is he's asking me this because I clerk 321 00:18:09.240 --> 00:18:13.079 for Silberman or in the Lower Court, and I think 322 00:18:13.440 --> 00:18:16.079 this is not as good as the Silberman opinion itself 323 00:18:16.200 --> 00:18:19.720 in the Morrison versus Olsen case. And people should realize 324 00:18:19.759 --> 00:18:22.680 the Olson in that case is Ted Olsen, who later 325 00:18:22.720 --> 00:18:26.039 became Solicitor General and you know, very famous, one of 326 00:18:26.079 --> 00:18:28.359 the founders of the Supreme Court bar in a way, 327 00:18:28.880 --> 00:18:31.519 so I would say this was an eight out of ten. 328 00:18:31.640 --> 00:18:34.480 This is pretty damn good, not quite as good as 329 00:18:34.839 --> 00:18:37.319 I've always said. I always like I always to tease 330 00:18:37.400 --> 00:18:41.039 Scalia because I always told him the very the most 331 00:18:41.039 --> 00:18:44.640 important line in his Morrison descent. It was the second 332 00:18:44.680 --> 00:18:48.400 sentence where he said something like I can't do justice 333 00:18:48.440 --> 00:18:50.440 to all the great reasons that were provided by the 334 00:18:50.440 --> 00:18:55.200 lower Court as to why this is unconstitutional. That's great, 335 00:18:56.960 --> 00:18:59.720 which Silberman loved that line. But look, you actually one 336 00:18:59.759 --> 00:19:01.720 other question, which is what does this make of the 337 00:19:01.720 --> 00:19:05.599 investigation going forward? So I take it Smith is appealing 338 00:19:06.119 --> 00:19:09.880 the decision in Eleventh Circuit, but I think other than that, 339 00:19:10.079 --> 00:19:12.519 he should pretty much shut down his operations. I mean, 340 00:19:12.519 --> 00:19:15.759 he's been a federal judge has found him unconstitutional, and 341 00:19:15.799 --> 00:19:19.880 I think, is you know, she's dismissed the indictment. I 342 00:19:19.880 --> 00:19:22.799 guess that's not going to happen in Washington. But if 343 00:19:22.839 --> 00:19:24.759 he were acting in good faith, he should cease all 344 00:19:25.000 --> 00:19:27.960 all of his activities other than pursuing the appeals. Question 345 00:19:28.000 --> 00:19:29.880 about whether he's allowed to exist. 346 00:19:30.440 --> 00:19:33.240 Yeah, Well, a quick follow up question which actually someone 347 00:19:33.359 --> 00:19:35.559 in the chat suggested, I've lost track of who it 348 00:19:35.599 --> 00:19:39.920 is though. To what extent do you think that the 349 00:19:40.000 --> 00:19:43.279 judge was reinforced by hints from Clarence Thomas and what 350 00:19:43.319 --> 00:19:45.079 the community case? Maybe I forget which one it was, 351 00:19:45.799 --> 00:19:49.680 the Trump versus Unis versus right And should we expect 352 00:19:49.759 --> 00:19:52.000 or hope for more hints from Thomas to the lower 353 00:19:52.160 --> 00:19:54.359 side judges. I think yeah. 354 00:19:54.759 --> 00:19:56.119 So, you know, if you look at the timing, it 355 00:19:56.160 --> 00:19:59.480 does work out very nicely. I think Justice Thomas's concurrence 356 00:20:00.359 --> 00:20:03.359 comes out two weeks before this opinion, and he laid 357 00:20:03.359 --> 00:20:06.400 out and very brief formed the logic of finding Jack 358 00:20:06.440 --> 00:20:09.920 Smith unconstitutional. And I think there was talking about before. 359 00:20:10.680 --> 00:20:13.839 You can see that when Thomas spends his concurrence on 360 00:20:13.960 --> 00:20:16.759 an issue that's sort of tangentially related to the case, 361 00:20:17.119 --> 00:20:20.519 and they're sending a signal this law fair business is over. 362 00:20:22.039 --> 00:20:24.559 As we discussed, I think the Supreme Court went farther 363 00:20:24.720 --> 00:20:27.079 than it needed to in the immunity case, but it 364 00:20:27.160 --> 00:20:29.839 makes sense to me. They're sick of this guy, Jack Smith. 365 00:20:29.880 --> 00:20:32.599 They won his investigation shut down, and they're sick of 366 00:20:32.640 --> 00:20:35.279 people going to Supreme sick of Smith trying to get 367 00:20:35.319 --> 00:20:39.160 to the Supreme Court fast to accelerate a partisan prosecution 368 00:20:39.279 --> 00:20:42.279 before the election. He was the worst guy if you 369 00:20:42.319 --> 00:20:45.839 really wanted to have a really decent Special Council investigation. 370 00:20:46.599 --> 00:20:48.920 Garland and Biden picked the exact wrong guy. 371 00:20:50.839 --> 00:20:55.319 I agree, but they're dumb. As successful as leftists can be, 372 00:20:55.400 --> 00:20:57.599 they always end up being dumb in the end. So, 373 00:20:57.680 --> 00:20:58.279 speaking of. 374 00:20:58.279 --> 00:21:02.599 Dumb that you're gonna ask Steve a question now. 375 00:21:05.160 --> 00:21:08.759 I'm going to ask my two favorite co hosts from California. 376 00:21:09.119 --> 00:21:11.319 They're my only co hosts, but they're still my two 377 00:21:11.359 --> 00:21:15.039 favorite co hosts from California to give us their impressions 378 00:21:15.119 --> 00:21:20.960 of our newest, most impressive politician that's ever walked the 379 00:21:21.039 --> 00:21:23.559 face of the earth, who is, of course, if you 380 00:21:23.640 --> 00:21:27.079 believe I have to do it. Steve, the media gasm 381 00:21:27.400 --> 00:21:28.000 about her. 382 00:21:30.640 --> 00:21:35.119 Oh my god, she is. 383 00:21:35.000 --> 00:21:38.279 In fact the most impressive person ever to run for 384 00:21:38.359 --> 00:21:42.160 any office since before the beginning of time. So tell 385 00:21:42.200 --> 00:21:45.480 me what you think about her, gentlemen, Steve, you go first? 386 00:21:45.680 --> 00:21:47.880 Oh heck, I was hoping you're make John go first. 387 00:21:47.880 --> 00:21:51.720 Well, okay, John go first. Why haven't you been writing 388 00:21:51.720 --> 00:21:56.880 a piece about her record as attorney general and district attorney? 389 00:21:57.200 --> 00:22:01.519 And I think it's gonna be like du Kaka after 390 00:22:01.599 --> 00:22:04.440 the Bush and of Bush was done with him, when 391 00:22:04.440 --> 00:22:06.880 you go back and look at her actual record, I 392 00:22:06.920 --> 00:22:10.000 think people will turn away from her because despite the 393 00:22:10.279 --> 00:22:12.839 you know, the makeover, you know, the extreme makeover we're 394 00:22:12.880 --> 00:22:16.480 seeing right now, which would outdo any of these home 395 00:22:16.519 --> 00:22:19.799 TV makeovers that are on every cable channel every night 396 00:22:19.880 --> 00:22:22.799 for hours, They're going to see the real Kamal Harrison, 397 00:22:22.839 --> 00:22:24.440 see what she really believes in because she had to 398 00:22:24.480 --> 00:22:27.759 make hundreds and hundreds of decisions when she was in 399 00:22:27.799 --> 00:22:31.319 those jobs, and her preferences came through two cases that 400 00:22:31.480 --> 00:22:35.599 really I think, well, I expect a Trump campaign will 401 00:22:35.640 --> 00:22:38.599