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<v Speaker 1>There was a school shooting at a Christian school in Madison,

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<v Speaker 1>Wisconsin the other day in which a fifteen year old

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<v Speaker 1>girl killed a fellow teacher, excuse me, killed a fellow

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<v Speaker 1>student and a teacher, and killed herself, and the White

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<v Speaker 1>House immediately issues a statement. I won't say Joe Biden

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<v Speaker 1>issued a statement because I'm fairly certain he had nothing

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<v Speaker 1>to do with it, or if he did, it's pretty remarkable.

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<v Speaker 1>This seems just to be the reflexive Democrat instinct after

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<v Speaker 1>any kind of shooting. This is obviously very sad that

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<v Speaker 1>this shooting happened. I don't know though, that it's that

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<v Speaker 1>much different from shootings that happen every month, every weekend

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<v Speaker 1>in cities like Chicago and others where people die. I

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<v Speaker 1>guess the idea because it happened, you know, obviously, there's

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<v Speaker 1>a certain greater sort of shock value to it that

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<v Speaker 1>it happened at a Christian school and involved a child,

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<v Speaker 1>although children are killed in street related shootings in urban

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<v Speaker 1>centers throughout this country all the time. Nonetheless, it prompts

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<v Speaker 1>a statement from the White House. Here's the press release.

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<v Speaker 1>Here's the release from the White House.

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<v Speaker 2>Today.

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<v Speaker 1>Families in Madison, Wisconsin are grieving the loss of those

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<v Speaker 1>who are killed and wounded at Abundant Life Christian School.

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<v Speaker 1>It's shocking and unconscious, unconscionable. We need Congress to act

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<v Speaker 1>period now, period. Why this unnecessary drama of this statement.

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<v Speaker 1>From Newton to Uvaldi, Parkland and Madison to so many

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<v Speaker 1>other shootings that don't receive attention. It is unacceptable that

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<v Speaker 1>we are unable to protect our children from the scourge

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<v Speaker 1>of gun violence. We cannot continue to accept it as normal.

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<v Speaker 1>Every child deserves to feel safe in their classroom, room

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<v Speaker 1>to words not well edited. Students across our country should

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<v Speaker 1>be learning how to read and write, not having to

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<v Speaker 1>learn how to duck and cover. Jill and I are

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<v Speaker 1>praying for all the victims today, including the teacher and

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<v Speaker 1>teenage student who were killed and those who sustained injuries.

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<v Speaker 1>We are grateful for the first responders who quickly arrived

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<v Speaker 1>on the scene, and the FBI is supporting local LA enforcement

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<v Speaker 1>efforts in my direction. My team has reached out to

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<v Speaker 1>local officials to offer further support as needed. My administration

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<v Speaker 1>has taken aggressive action to combat the gun violence epidemic.

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<v Speaker 1>We passed the most significant gun safety legislation in nearly

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<v Speaker 1>thirty years. I have taken more executive action to reduce

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<v Speaker 1>gun violence than any other president in history, and I

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<v Speaker 1>created the first ever White House Office of Gun Violence Protection.

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<v Speaker 2>But more is needed.

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<v Speaker 1>Congress must pass common sense gun safety laws. And then

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<v Speaker 1>we get to the kicker. Congress must pass must pass

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<v Speaker 1>common sense gun safety laws. Universal background checks with a period,

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<v Speaker 1>a national red flag law with a period, a ban

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<v Speaker 1>on assault weapons, and high capacity magazines with a period

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<v Speaker 1>have been commas. But all right, universal background checks. How

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<v Speaker 1>is this released with a straight face? And of course

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<v Speaker 1>I'm talking about the Hunter Biden part. So here here's

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<v Speaker 1>the President saying we need universal background checks. There are

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<v Speaker 1>federal background checks, and the entire line of argument from

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<v Speaker 1>Democrats over the last over this past month, sort of

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<v Speaker 1>trying to line up to defend the Hunter Biden pardon,

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<v Speaker 1>has been as follows. So let me let me just

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<v Speaker 1>go back before I explain.

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<v Speaker 2>This line of argument.

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<v Speaker 1>Basically, their line of argument is that Hunter Biden shouldn't

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<v Speaker 1>have been charged with any crime for lying on a

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<v Speaker 1>federal background check on the basis of well.

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<v Speaker 2>These kinds of crimes are rarely charged.

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<v Speaker 1>So let me let me explain why Hunter did all right.

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<v Speaker 1>Hunter Biden was charged was actually indicted for two different things.

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<v Speaker 1>Federal tax violations where basically he didn't pay taxes on

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<v Speaker 1>millions of dollars of income, which at a certain point,

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<v Speaker 1>if you're not paying your taxes, it ceases to be

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<v Speaker 1>an IRS intervention and it becomes a federal prosecutor intervention

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<v Speaker 1>where you're you're being criminally charged because you're not paying

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<v Speaker 1>you so much in taxes. So he was charged with

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<v Speaker 1>the tax stuff. He was also charged with a gun crime. Basically,

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<v Speaker 1>Hunter Biden gets a form. The form asks if he

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<v Speaker 1>has a history of drug abuse, and Hunter Biden lied

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<v Speaker 1>on the form. Hunter actually has a rich, storied, abundant

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<v Speaker 1>and varied history of drug abuse and continued to be

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<v Speaker 1>using drugs and behaving erradically, I believe after he got

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<v Speaker 1>after filling out that form, so he'd been using it before,

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<v Speaker 1>he continued to use after. So he lied on a

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<v Speaker 1>federal background check, which is a crime. That's the whole

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<v Speaker 1>point of the background check is to try to cells

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<v Speaker 1>out if you are the kind of person who is

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<v Speaker 1>qualified to purchase and own a gun. Now, often what

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<v Speaker 1>happens in the background check process when people lie on

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<v Speaker 1>the form is that in the course of doing the

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<v Speaker 1>background check, the FEDS realize that this person is not

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<v Speaker 1>actually qualified to have a gun. These are called lie

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<v Speaker 1>and try cases, where the person lies on the form

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<v Speaker 1>but the FEDS who are looking through the form and

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<v Speaker 1>doing the background check realize way to sy no, this

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<v Speaker 1>guy's lying. He says on the form that he doesn't

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<v Speaker 1>have a felony conviction, but actually our review of local

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<v Speaker 1>and of state and federal records indicates that he has

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<v Speaker 1>a felony conviction in Oklahoma in two thousand and six.

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<v Speaker 1>And so sorry, you lied on the form, but we're

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<v Speaker 1>not gonna approve your background check. That's called a lie

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<v Speaker 1>and try. So someone lies on the form, but the

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<v Speaker 1>FEDS catch the lie, and so the person does not

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<v Speaker 1>get the gun. He tried but he failed. And then

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<v Speaker 1>the question gets passed on to prosecutors. To federal prosecutors,

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<v Speaker 1>all right, well, this person lied on their background check

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<v Speaker 1>to try to get a gun. They didn't ultimately get

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<v Speaker 1>a gun. So do we expend federal resources to prosecute

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<v Speaker 1>this person for lying but ultimately not getting the gun.

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<v Speaker 1>You could see how maybe that would be a question

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<v Speaker 1>for for prosecutors, you know, any US Attorney's office.

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<v Speaker 2>So the US attorneys.

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<v Speaker 1>Are basically the federal prosecutors, and US attorney's offices are

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<v Speaker 1>divided by the various federal court districts throughout the country.

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<v Speaker 1>So we in the presdent in the present area, we're

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<v Speaker 1>in the Eastern District of California. So there's a US

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<v Speaker 1>Attorney for the Eastern District of California. There are federal

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<v Speaker 1>judges appointed for the Eastern District of California, et cetera.

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<v Speaker 1>The US attorneys for the Eastern District of California, maybe

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<v Speaker 1>they might determine. Okay, well if we you know, we're

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<v Speaker 1>busy prosecuting major drug crimes and this and that, and

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<v Speaker 1>you know, we only have so many attorneys in our

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<v Speaker 1>office and so many hours in the day. You know,

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<v Speaker 1>we don't want to spend a bunch of time and

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<v Speaker 1>energy and resources prosecuting people who just lied on a

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<v Speaker 1>federal background check. So lie and try cases often don't

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<v Speaker 1>get prosecuted again, where someone lies on the form, but

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<v Speaker 1>the lie is found out and the person is not

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<v Speaker 1>given the gun. And again, it's just this position where

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<v Speaker 1>the prosecutors are like, well, we have this person who

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<v Speaker 1>lied on the form, but they didn't get a gun.

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<v Speaker 1>Nothing bad happened. Ultimately, so do we spend the time

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<v Speaker 1>and energy and resources prosecuting this person? Hunter Biden was

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<v Speaker 1>not that kind of case. Though Hunter Biden lied on

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<v Speaker 1>the form, and because he lied, he was able successfully

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<v Speaker 1>to get a gun. It wasn't a lie and try

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<v Speaker 1>And this is the this is the thing where commentators

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<v Speaker 1>have been really dishonest. Both commentators and Joe Biden have

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<v Speaker 1>tried to make the argument that, you know, people are

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<v Speaker 1>rarely prosecuted for lying on federal background checks for guns,

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<v Speaker 1>so's it seems like targeted political persecution that my son

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<v Speaker 1>Hunter was singled out for this kind of a prosecution.

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<v Speaker 2>No, no, no, no, no, no, no, no, no.

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<v Speaker 1>Lie and try cases are often not prosecuted. This was

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<v Speaker 1>a lieon succeed case. Hunter lied on the form by lying,

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<v Speaker 1>he got the gun. If he had told the truth,

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<v Speaker 1>he wouldn't have gotten the gun. But he lied and

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<v Speaker 1>thereby got the gun that presumably the background checkers weren't

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<v Speaker 1>able to find any other evidence of Hunter's drug abuse,

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<v Speaker 1>so he got the gun. Not only did he get

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<v Speaker 1>the gun, we then had the kind of bad gun

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<v Speaker 1>outcome that the federal background check is deliberately designed to prevent.

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<v Speaker 1>Hunter was behaving so erratically with this gun that his

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<v Speaker 1>girlfriend at the time, Halle Biden, Bo's widow. You know,

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<v Speaker 1>we don't need to talk about how extremely weird that is. Anyway,

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<v Speaker 1>Halle Biden is so concerned about his erratic behavior that

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<v Speaker 1>in a moment seemingly of desperation, she takes the gun,

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<v Speaker 1>brings it out of the house, and dumps it in

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<v Speaker 1>a garbage can that's near a school. That's a bad outcome,

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<v Speaker 1>loses the gun. That is the precise kind of bad outcome, bad, dangerous,

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<v Speaker 1>risky outcome that you fully expect is within the realm

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<v Speaker 1>of possibility if a druggie gets a gun, if a

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<v Speaker 1>guy lies on a background check as a drug ee

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<v Speaker 1>and gets a gun. So Hunter wasn't a lie and

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<v Speaker 1>try case where he just lied on the form. The

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<v Speaker 1>Feds figured it out and he never got the gun. No,

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<v Speaker 1>he was a lie and succeed and misused the gun.

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<v Speaker 1>Case he lied on the federal background check, he got

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<v Speaker 1>the gun, he was misusing it, and a bad outcome

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<v Speaker 1>resulted from it.

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<v Speaker 2>Thankfully, no one was hurt.

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<v Speaker 1>Other than maybe whatever kind of psychological fear and torture

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<v Speaker 1>his girlfriend at the time experienced from this maniac druggie

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<v Speaker 1>waving a gun around. In fact, there is if you

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<v Speaker 1>go to the Laptop from Hell and all the photos

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<v Speaker 1>that are stored on Hunter's laptop from Hell, there are

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<v Speaker 1>pictures of Hunter with two different kinds of guns. So

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<v Speaker 1>Hunter was only prosecuted for the one. It seems actually

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<v Speaker 1>that there's evidence that he did he may have done

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<v Speaker 1>this twice because he's got two different guns.

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<v Speaker 2>So how Joe Biden.

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<v Speaker 1>Can stand up there with a straight face and say

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<v Speaker 1>that we need universal gun background checks after pardoning his son,

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<v Speaker 1>and not just pardoning his son, but pardoning his son,

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<v Speaker 1>while saying he shouldn't be prosecuted, that he was singled

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<v Speaker 1>out for prosecution. I don't know what Joe Biden wants

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<v Speaker 1>there for. Do we want to have federal gun control

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<v Speaker 1>laws that are just on the books but that we're

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<v Speaker 1>not enforcing. Is that what he wants? More background checks

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<v Speaker 1>that we don't prosecute people for under what circumstances does

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<v Speaker 1>Joe I think we should prosecute people who lie on

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<v Speaker 1>background checks? So he thinks that Hunters shouldn't have been prosecuted,

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<v Speaker 1>who should? What has to happen with the gun before

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<v Speaker 1>you actually prosecute people for lying on a federal background check?

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<v Speaker 1>Does the person have to lie on the form and

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<v Speaker 1>get the gun and murder somebody first? Is that what

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<v Speaker 1>has to happen before you're okay with prosecuting them. I mean,

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<v Speaker 1>the whole idea of the background check is for it

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<v Speaker 1>to serve as a prophylactic against bad people getting guns,

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<v Speaker 1>the kinds of people who he thinks shouldn't have a

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<v Speaker 1>gun getting a gun.

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<v Speaker 2>That's the whole point of it.

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<v Speaker 1>If you're not gonna prosecute somebody who you realize lied,

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<v Speaker 1>then what's the point Why have the law on the

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<v Speaker 1>books if you're not going to prosecute it. And apparently,

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<v Speaker 1>in Joe Biden's mind, someone who lies and tries shouldn't

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<v Speaker 1>be prosecuted. Someone who lies and succeeds and has a

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<v Speaker 1>bad and dangerous outcome his own son shouldn't be prosecuted.

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<v Speaker 1>And this is the I just find it outrageous that

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<v Speaker 1>the White House would have the temerity to issue this

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<v Speaker 1>kind of a statement.

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<v Speaker 2>Just what was it two weeks.

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<v Speaker 1>Ago Hunter got three two or three weeks ago Hunter

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<v Speaker 1>got pardoned? It boggles the mind. I mean, maybe it's

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<v Speaker 1>just a thing of the lights are on and nobody's home,

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<v Speaker 1>nobody gives a crap anymore. This is the lamest lame

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<v Speaker 1>duck president presidency. I've heard people comment that nobody has

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<v Speaker 1>he's been more clearly in charge during the kind of

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<v Speaker 1>interregnum between the election day and January twentieth than Donald

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<v Speaker 1>Trump has been. The flip side of that is that

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<v Speaker 1>no one has been a lamer lamer, lamer lame duck

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<v Speaker 1>than Joe Biden. You know, he's not doing anything.

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<v Speaker 2>You know, he's there.

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<v Speaker 1>People asked him, the President, Biden, why didn't you go

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<v Speaker 1>to the reopening of you know, Notre Dame Cathedral in Paris.

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<v Speaker 1>Donald Trump went, Joe Biden went. Why didn't Joe go? Oh,

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<v Speaker 1>Joe had a prior commitment, He had a scheduling conflict,

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<v Speaker 1>so he couldn't go. But he's very proud of the

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<v Speaker 1>First Lady and her represented her representing our country. And

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<v Speaker 1>then people look at the schedule. He had nothing on

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<v Speaker 1>his schedule. Yeah, he didn't want to go. He's tired,

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<v Speaker 1>he's tired of international travel. So maybe I don't know,

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<v Speaker 1>maybe Joe never even looked at this statement, which seems

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<v Speaker 1>like it was written by some annoying millennial staff, or

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<v Speaker 1>even down to the style in which it's written, in

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<v Speaker 1>the fact that it's.

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<v Speaker 2>Poorly edited, et cetera. But it just boggles my mind

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<v Speaker 2>how this is done.

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<v Speaker 1>When we return, would any of these things have stopped

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<v Speaker 1>this shooter? Next on the John Girardi Show, I want

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<v Speaker 1>to go through President Biden's kind of astonishing statement or

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<v Speaker 1>the White Houses anyway, I don't I'm not sure if

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<v Speaker 1>President Biden had anything to do with this statement. I'm

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<v Speaker 1>not sure if President Biden has anything to do with

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<v Speaker 1>anything at this point. But the White House issued this

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<v Speaker 1>statement after this school shooting that happened in Madison, Wisconsin,

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<v Speaker 1>in which the same repeated Democrat talking points about gun

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<v Speaker 1>control get you know, reiterated and reiterated and reiterated. And

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<v Speaker 1>the thing that always frustrates me is how often the

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<v Speaker 1>purported solutions have actually no connection whatsoever to the crime

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<v Speaker 1>that happened. So let's go through the purported.

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<v Speaker 2>Actions that happened.

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<v Speaker 1>All right, Let's go through the purported solutions, and we'll

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<v Speaker 1>compare it against the action that happened in this school

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<v Speaker 1>shooting in madisone. So for those again just learning about this.

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<v Speaker 1>I believe it was yesterday a school shooter, a fifteen

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<v Speaker 1>year old girl, killed a fellow student and a teacher

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<v Speaker 1>at a Christian school in Madison, Wisconsin. Here are the

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<v Speaker 1>things that the Biden administration says we need to do

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<v Speaker 1>universal background checks now. Again, as I said in the

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<v Speaker 1>first segment, recommending universal background checks is laughable given that

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<v Speaker 1>Joe just pardoned his son for lying on a background check. Nonetheless,

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<v Speaker 1>a background check wouldn't have helped here. It appears this

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<v Speaker 1>fifteen year old got her dad's gun. I'm not sure

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<v Speaker 1>how the dad's background check would Maybe he already passed

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<v Speaker 1>a background check, probably did. How that would have stopped this?

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<v Speaker 1>I'm not sure a national red flag law. Again, this

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<v Speaker 1>fifteen year old didn't even own the gun. She was

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<v Speaker 1>able to get it from her dad or to steal

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<v Speaker 1>it from her dad. No red flag law would have

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<v Speaker 1>been able to flag this. You know, she was a

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<v Speaker 1>fifteen year old girl who was kind of depressed. There

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<v Speaker 1>was some evidence that she was depressed, no indication again

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<v Speaker 1>that I'm not sure a national red flag law would

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<v Speaker 1>not have helped. A ban on assault weapons and high

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<v Speaker 1>capacity magazines. She used a handgun. It was her dad's

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<v Speaker 1>handgun wasn't There's no definitely. I mean, the term quote

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<v Speaker 1>assault weapon is a kind of made up term that

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<v Speaker 1>is not really a term of art within gunsmith ry

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<v Speaker 1>or gun manufacture. It's a made up term that lawmakers

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<v Speaker 1>use for certain kinds of features of different kinds of guns,

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<v Speaker 1>some of which are purely cosmetic.

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<v Speaker 2>So none of the White House's policy.

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<v Speaker 1>Recommendations actually would have done anything to have stopped this shooting.

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<v Speaker 1>And I think this is the frustration Democrats have. Ultimately,

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<v Speaker 1>I think what democrats want is something the Second Amendment

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<v Speaker 1>wouldn't allow. They just don't want people to own guns, period.

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<v Speaker 1>They just don't want people to own guns. And clearly

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<v Speaker 1>the Second Amendment is in their way. Clearly, this Supreme

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<v Speaker 1>Court and its interpretation of the Second Amendment is in

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<v Speaker 1>the way of them achieving those policy goals, and Democrat

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<v Speaker 1>have always this is part one of many reasons why

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<v Speaker 1>Democrats are driven so insane by the current six to

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<v Speaker 1>three Republican appointee majority on the Court. They're so furious

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<v Speaker 1>over it, in part because they've always been able to

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<v Speaker 1>use the Supreme Court as the shortcut to getting the

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<v Speaker 1>kinds of policies they want, so they don't have to

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<v Speaker 1>do the hard work of actually convincing people and passing legislation. Abortion.

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<v Speaker 1>Just have the Court do it via Roe v. Wade,

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<v Speaker 1>same sex marriage. Just have the Supreme Court do it

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<v Speaker 1>via oh Bergefell. They want, they have wanted a decision

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<v Speaker 1>like that for guns for forever, and they didn't get

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<v Speaker 1>it in the time when they had, you know, a

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<v Speaker 1>pretty sizable majority on the Court. And now they look

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<v Speaker 1>at the makeup of the Court. They look at the

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<v Speaker 1>fact that Donald Trump is now in office and the

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<v Speaker 1>very distinct likelihood that he and a Republican controlled Senate

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<v Speaker 1>are going to be able to replace Sam Alito and

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<v Speaker 1>Clarence Thomas, maybe even John Roberts, and as a result,

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<v Speaker 1>there's going to be Republican appointee majority control of the

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<v Speaker 1>Supreme Court for the foreseeable future.

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<v Speaker 2>And it infuriates them.

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<v Speaker 1>Because really, what they should propose is the thing that

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<v Speaker 1>Gavin Newsom kind of pretended like he's proposing. Really, this

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<v Speaker 1>was just a fundraising employ by Gavin Newsom. I don't

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<v Speaker 1>think there's any real substance to it, but you know,

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<v Speaker 1>I'll give him credit.

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<v Speaker 2>Ga.

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<v Speaker 1>What Gavin Newsom proposed is, hey, we should amend the Constitution.

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<v Speaker 1>We should amend the Constitution to give the government more

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<v Speaker 1>leeway to regulate guns, because that's ultimately what they need.

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<v Speaker 1>Their problem is actually with the Second Amendment. Their problem

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<v Speaker 1>is with the fact that the Second Amendment provides, by many, many, many,

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<v Speaker 1>many extremely reasonable readings of the text of the Second Amendment,

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<v Speaker 1>provides for people to own guns. And that just drives

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<v Speaker 1>them up the wall. When we return distressing court developments

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<v Speaker 1>for the establishment of an abortion clinic in Vicealia, what

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<v Speaker 1>it excuse me into, Larry, what it could mean for

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<v Speaker 1>abortion as a civil right in California. That's next on

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<v Speaker 1>the John Groarty Show. So yesterday I attended the hearing

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<v Speaker 1>at the Vice Salia at the Superior Court, the California

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<v Speaker 1>State Superior Court in Vice Salia. This was a hearing

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<v Speaker 1>in front of the judge, Brett Hillman's California State Judge.

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<v Speaker 1>And this has to do with a court case that

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<v Speaker 1>I'm going to be following on this show, and I

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<v Speaker 1>might be writing about all the folks at GV wire,

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<v Speaker 1>might be sending over a little op ed to them

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<v Speaker 1>today maybe later on this evening. And it has to

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<v Speaker 1>do with an attempt to open an abortion clinic in Visalia,

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<v Speaker 1>and it's raising some interesting legal issues for how California

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<v Speaker 1>law should approach doing abortion. The right to apparently a

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<v Speaker 1>right that we're just sort of making up to do

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<v Speaker 1>abortions as opposed to a right to have an abortion.

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<v Speaker 1>This distinction between doing abortions and having abortions is a

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<v Speaker 1>troubling distinction. Well, it's a distinction that is troublingly elided

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<v Speaker 1>all the time. There have been a number of Supreme

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<v Speaker 1>Court cases where I mean the whole characterization of the

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<v Speaker 1>right to abortion from row to planned parent versus Casey,

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<v Speaker 1>although that is now gone at the federal level, but

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<v Speaker 1>the characterization of the right to abortion within the California Constitution,

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<v Speaker 1>et cetera. It's always framed as a right that the

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<v Speaker 1>woman has, that the pregnant woman has, she has a

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<v Speaker 1>right to abortion. That's always how it's framed. But when

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<v Speaker 1>it comes time to vindicate that right in court, very often,

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<v Speaker 1>for some reason, the abortion provider is deemed to have

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<v Speaker 1>standing on behalf of those women, which Clarence Thomas always

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<v Speaker 1>pointed out, No, that doesn't not necessarily or naturally follow

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<v Speaker 1>There are certain kinds of principles of third party standing

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<v Speaker 1>where someone other than the directly impacted party can sort

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<v Speaker 1>of stand in for and represent that injured party. But

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<v Speaker 1>by his contention, he's often said, I don't see why

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<v Speaker 1>abortion providers, abortion doctors who are doing abortions should be

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<v Speaker 1>able to stand in for women who want to have abortions.

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<v Speaker 1>And what this has resulted in in federal abortion legislation.

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<v Speaker 1>In the pre Dobbs era, some state would pass some

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<v Speaker 1>kind of restriction on abortion, and who would sue It

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<v Speaker 1>would usually be Planned Parenthood or some abortion doctor, as

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<v Speaker 1>if the abortion doctor, as if the abortion doctor naturally

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<v Speaker 1>has the exact same interests as the women having the abortions,

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<v Speaker 1>even for stuff like Okay, Texas passed a law with

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<v Speaker 1>health and safety standards for abortion clinics, and the clinics sue,

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<v Speaker 1>saying that it violates the right to abortion. Well, do

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<v Speaker 1>the clinics have the same interests of the women there?

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<v Speaker 1>I mean, couldn't the health and safety regulations be interpreted

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<v Speaker 1>as benefiting women? Could the abortion clinics posture of not

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<v Speaker 1>wanting these health and safety standards be deemed as being

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<v Speaker 1>antagonistic to their abortion seeking female patients. Anyway, this has

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<v Speaker 1>been a problem in the history of American abortion jurisprudence

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<v Speaker 1>where we just sort of slip in the slide between

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<v Speaker 1>abortion as a right that women possess versus do women

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<v Speaker 1>have a right to get abortions? Or do doctors have

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<v Speaker 1>a right to perform them? I think that's those are

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<v Speaker 1>two very different things. Is there some civil right that

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<v Speaker 1>women have to have abortions? All right, if you want

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<v Speaker 1>to argue that, okay. I think that's different though, from

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<v Speaker 1>the right of a doctor to perform them. And this

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<v Speaker 1>is kind of the heart of this dispute that's happening

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<v Speaker 1>in the city of to Larry. So there's a office

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<v Speaker 1>complex and I talked about this a bit yet last week.

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<v Speaker 1>There's an office complex in the city of Tillarry, the

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<v Speaker 1>Tilarry Medical Center, and it's basically an office suite with

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<v Speaker 1>a bunch of different individual doctors' offices.

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<v Speaker 2>The complex is governed by a covenant. Think of it.

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<v Speaker 1>It's almost like a homeowner's association agreement, where you know,

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<v Speaker 1>it's a private agreement between all the parties in this

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<v Speaker 1>place about the kinds of standards according to which their

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<v Speaker 1>businesses will operate. And in the context of this you know,

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<v Speaker 1>medical center, this office, this you know, suite of offices,

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<v Speaker 1>what kinds of businesses, what kinds of practices they will

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<v Speaker 1>allow to set up within the complex. This covenant is

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<v Speaker 1>from nineteen ninety one, and it has certain kinds of

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<v Speaker 1>things that excludes. They say, we're not going to have chiropractors. Okay,

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<v Speaker 1>we're not going to have this. We're not going to

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<v Speaker 1>have that. You know, if you want to have a

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<v Speaker 1>kind of professional setting, a professional medical office setting, maybe

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<v Speaker 1>there are certain kinds of businesses you don't want to

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<v Speaker 1>have so they don't allow. They don't allow chiropractors. I

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<v Speaker 1>think they said they didn't want to have pediatrists office.

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<v Speaker 2>Maybe I'm making this up.

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<v Speaker 1>And obviously, you know, if you've got a professional office complex,

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<v Speaker 1>you know you don't want a liquor store in it.

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<v Speaker 2>You don't want a pizza parlor in it. Nothing against

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<v Speaker 2>liquor stores and pizza parlors, but it's just not for

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<v Speaker 2>this place. One of the things they.

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<v Speaker 1>Exclude is abortion clinics. They say right there in their covenant,

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<v Speaker 1>we don't want to have an abortion clinic. One of

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<v Speaker 1>the owners of one of the spaces seemingly is renting

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<v Speaker 1>out leasing the space to family planning Associates now Family

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<v Speaker 1>Planning Associates.

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<v Speaker 2>It's like.

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<v Speaker 1>It's like a mini Planned Parenthood. Basically, it's just a

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<v Speaker 1>California only chain of abortion providers. There's one in Fresno

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<v Speaker 1>in downtown, and so the doctors in this complex are

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<v Speaker 1>suing Family Planning Associates say Hey, you can't operate here.

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<v Speaker 1>We say, no abortion clinics. You're an abortion clinic.

421
00:28:48.759 --> 00:28:50.039
<v Speaker 2>Now. FPA has been a little.

422
00:28:49.880 --> 00:28:53.440
<v Speaker 1>Squirrely about exactly what services they're doing. On their website,

423
00:28:53.480 --> 00:29:00.759
<v Speaker 1>they list surgical abortion and pill abortions MiFi pristone as

424
00:29:00.799 --> 00:29:04.279
<v Speaker 1>services they offer. It seems as though they're not actually

425
00:29:04.359 --> 00:29:07.440
<v Speaker 1>doing surgical abortions that they said in a letter, No,

426
00:29:07.559 --> 00:29:10.200
<v Speaker 1>we're not going to do surgical abortions. Therefore we're not

427
00:29:10.240 --> 00:29:14.559
<v Speaker 1>an abortion clinic. But at the same time they seem

428
00:29:14.640 --> 00:29:18.200
<v Speaker 1>to be acknowledging that this covenant could apply to them, because,

429
00:29:18.759 --> 00:29:24.279
<v Speaker 1>I mean, they may be referring out patients for surgical abortions,

430
00:29:24.279 --> 00:29:27.359
<v Speaker 1>but they're definitely wanting to do pill abortions where they

431
00:29:27.400 --> 00:29:30.200
<v Speaker 1>prescribe mif A pristone to a patient, which is, by

432
00:29:30.200 --> 00:29:32.720
<v Speaker 1>the way, the most common form of abortion in America.

433
00:29:33.039 --> 00:29:35.920
<v Speaker 1>It's basically prescribed this woman a pill up to the

434
00:29:35.920 --> 00:29:37.279
<v Speaker 1>first ten weeks of pregnancy.

435
00:29:37.279 --> 00:29:39.559
<v Speaker 2>She takes this pill, it results.

436
00:29:39.119 --> 00:29:43.039
<v Speaker 1>In the fetus or embryo detaching from the uterine wall

437
00:29:43.079 --> 00:29:45.200
<v Speaker 1>being cut off from its food supply. The woman is

438
00:29:45.200 --> 00:29:47.799
<v Speaker 1>then given a second drug that results in expelling the

439
00:29:47.799 --> 00:29:52.240
<v Speaker 1>baby from her body. That's the most common method of abortions.

440
00:29:52.279 --> 00:29:54.799
<v Speaker 1>So if they're prescribing that it's an abortion clinic, I'd

441
00:29:54.839 --> 00:30:00.400
<v Speaker 1>say by any fair reading. Well, the doctors filed emotion

442
00:30:00.559 --> 00:30:05.480
<v Speaker 1>for what's called a preliminary injunction and basically says, hey,

443
00:30:06.599 --> 00:30:09.759
<v Speaker 1>for the duration of this lawsuit, we want them to

444
00:30:09.799 --> 00:30:13.880
<v Speaker 1>stop doing the activity that we think is bad. We

445
00:30:13.880 --> 00:30:16.839
<v Speaker 1>want them to stop operating because we're going to suffer harms.

446
00:30:17.160 --> 00:30:19.880
<v Speaker 1>You know, we have this CCNR. We sorry, we have

447
00:30:19.960 --> 00:30:22.240
<v Speaker 1>this covenant in place saying we don't want abortion clinics.

448
00:30:22.519 --> 00:30:24.759
<v Speaker 1>It changes the tenor of the office space. It changes

449
00:30:25.519 --> 00:30:28.279
<v Speaker 1>you know, it reflects poorly on what we want to

450
00:30:28.279 --> 00:30:30.359
<v Speaker 1>do as an office space. If you let them function,

451
00:30:30.640 --> 00:30:32.759
<v Speaker 1>it results in harm to us. We want you, therefore,

452
00:30:32.799 --> 00:30:34.880
<v Speaker 1>to stop having them function for the duration of the

453
00:30:34.920 --> 00:30:40.000
<v Speaker 1>lawsuit until we can ultimately decide this thing. So they

454
00:30:40.000 --> 00:30:44.599
<v Speaker 1>file a motion for a preliminary injunction stop operating for

455
00:30:44.640 --> 00:30:47.880
<v Speaker 1>the duration of the lawsuit. Now, the thing with preliminary

456
00:30:47.920 --> 00:30:51.359
<v Speaker 1>injunctions is that very often if you prevail at the

457
00:30:51.400 --> 00:30:55.920
<v Speaker 1>preliminary injunction phase, it usually means that you're going to

458
00:30:56.000 --> 00:30:58.079
<v Speaker 1>ultimately prevail because one of the things the judge is

459
00:30:58.079 --> 00:31:02.720
<v Speaker 1>determining is your likelihood of success on the merits for

460
00:31:02.759 --> 00:31:12.920
<v Speaker 1>the ultimate issues presented. On Monday, the Superior Court judge,

461
00:31:12.960 --> 00:31:16.440
<v Speaker 1>Judge Hillman indicated he released a tentative statement that I

462
00:31:16.480 --> 00:31:22.519
<v Speaker 1>believe is now the non tentative final ruling following the

463
00:31:22.559 --> 00:31:27.680
<v Speaker 1>court hearing that they are not going to get this

464
00:31:27.759 --> 00:31:30.799
<v Speaker 1>preliminary injunction. This abortion clinic is going to be allowed

465
00:31:30.799 --> 00:31:34.119
<v Speaker 1>to continue to function at the Tillary Medical Center. And

466
00:31:34.160 --> 00:31:39.680
<v Speaker 1>the reason why is really troubling. So what the judge

467
00:31:39.759 --> 00:31:43.559
<v Speaker 1>keeps citing as something that could be the case, he's

468
00:31:43.599 --> 00:31:45.839
<v Speaker 1>not definitively saying it, but he's saying that an argument

469
00:31:45.880 --> 00:31:49.400
<v Speaker 1>could be a very strong argument could be made that

470
00:31:49.480 --> 00:31:51.839
<v Speaker 1>California civil rights law.

471
00:31:54.200 --> 00:31:57.200
<v Speaker 2>Would apply to the ability.

472
00:31:56.880 --> 00:32:01.440
<v Speaker 1>Of a doctor to perform abortions and that singling them

473
00:32:01.480 --> 00:32:12.599
<v Speaker 1>out for exclusion could basically constitute discrimination against women. So

474
00:32:12.640 --> 00:32:16.559
<v Speaker 1>how does this work? The Civil Rights Act, the Federal

475
00:32:16.559 --> 00:32:21.960
<v Speaker 1>Civil Rights Act, as well as the California Unrue Civil

476
00:32:22.000 --> 00:32:23.119
<v Speaker 1>Rights Law.

477
00:32:24.119 --> 00:32:26.319
<v Speaker 2>UNRU was the name of the lawmaker after whom it.

478
00:32:26.240 --> 00:32:34.880
<v Speaker 1>Was named, prohibits various kinds of business discrimination on the

479
00:32:34.920 --> 00:32:38.240
<v Speaker 1>basis of and then a list is given of different

480
00:32:38.240 --> 00:32:46.240
<v Speaker 1>protected categories race, sex, et cetera. If this office complex

481
00:32:46.319 --> 00:32:48.359
<v Speaker 1>had a covenant that said, we're not going to allow

482
00:32:48.440 --> 00:32:52.400
<v Speaker 1>any black doctors to set up their shingle in this

483
00:32:52.480 --> 00:32:57.720
<v Speaker 1>office complex and serve patients, well, that would be unenforceable.

484
00:32:57.720 --> 00:33:01.519
<v Speaker 1>That would be an unenforceable and illegal covenant. Businesses are

485
00:33:01.559 --> 00:33:03.759
<v Speaker 1>not allowed to discriminate on the basis of race like that.

486
00:33:08.920 --> 00:33:16.079
<v Speaker 1>If the doctors had put something in their covenant that said,

487
00:33:16.079 --> 00:33:19.079
<v Speaker 1>we're not going to allow any female doctors to work here,

488
00:33:19.440 --> 00:33:21.440
<v Speaker 1>to set up their shingle and have their practice in

489
00:33:21.480 --> 00:33:24.880
<v Speaker 1>this office complex, that too, would likely be illegal.

490
00:33:25.759 --> 00:33:28.079
<v Speaker 2>It would violate California civil rights law.

491
00:33:30.319 --> 00:33:33.480
<v Speaker 1>Basically what the judge in this case is saying, and

492
00:33:33.519 --> 00:33:35.680
<v Speaker 1>he's not definitive about this, but he says, there's enough

493
00:33:35.720 --> 00:33:40.160
<v Speaker 1>of a chance that this is the case that I

494
00:33:40.200 --> 00:33:43.519
<v Speaker 1>don't think you're likely to prevail ultimately, and therefore I'm

495
00:33:43.559 --> 00:33:46.920
<v Speaker 1>going to deny this preliminary injunction. The judge in this

496
00:33:47.000 --> 00:33:56.519
<v Speaker 1>case is basically saying to single out abortion provision is

497
00:33:56.559 --> 00:34:01.200
<v Speaker 1>a form of discriminating against women. To say that I

498
00:34:01.240 --> 00:34:03.759
<v Speaker 1>don't want abortion is another way of saying I don't

499
00:34:03.799 --> 00:34:12.320
<v Speaker 1>want to serve women. It's almost creating as if you know,

500
00:34:12.719 --> 00:34:17.519
<v Speaker 1>we have protected categories for civil rights law race, sex, Apparently,

501
00:34:17.800 --> 00:34:25.719
<v Speaker 1>doing abortions, we're thinking here is going to be as

502
00:34:25.880 --> 00:34:30.119
<v Speaker 1>protected a category under California law as being black. That

503
00:34:30.239 --> 00:34:33.880
<v Speaker 1>discriminating against someone because they want to do abortions is

504
00:34:33.920 --> 00:34:40.440
<v Speaker 1>the same as discriminating against someone because they're black, not

505
00:34:40.800 --> 00:34:44.199
<v Speaker 1>you know, one of the principles for California's civil rights

506
00:34:44.280 --> 00:34:48.920
<v Speaker 1>law is it protects things that are permanent, static categories

507
00:34:48.920 --> 00:34:51.360
<v Speaker 1>that someone can't change.

508
00:34:51.599 --> 00:34:51.760
<v Speaker 2>Right.

509
00:34:51.800 --> 00:34:54.800
<v Speaker 1>I can't change the fact of the color of my skin.

510
00:34:54.840 --> 00:34:57.239
<v Speaker 1>I can't necessarily just you know, snap my fingers and

511
00:34:57.280 --> 00:35:01.639
<v Speaker 1>cease being Catholic or Buddhist or Muslim or Hindu. I

512
00:35:01.679 --> 00:35:04.280
<v Speaker 1>can't snap my fingers and change my national origin or

513
00:35:04.320 --> 00:35:04.920
<v Speaker 1>the fact that I'm.

514
00:35:04.840 --> 00:35:05.559
<v Speaker 2>A man or a woman.

515
00:35:07.760 --> 00:35:11.840
<v Speaker 1>But here's this doctor choosing to do this particular kind

516
00:35:11.920 --> 00:35:17.320
<v Speaker 1>of sub this particular kind of service within his specialty

517
00:35:17.400 --> 00:35:20.480
<v Speaker 1>of obgyn care, of obgyn practice.

518
00:35:20.880 --> 00:35:23.000
<v Speaker 2>I'm not gonna call abortion care. You're never gonna hear

519
00:35:23.000 --> 00:35:23.440
<v Speaker 2>me say that.

520
00:35:26.400 --> 00:35:29.400
<v Speaker 1>Which he doesn't have to do. He or she, whoever

521
00:35:29.400 --> 00:35:31.159
<v Speaker 1>the doctor is that's doing these abortions. They could just

522
00:35:31.199 --> 00:35:33.719
<v Speaker 1>be an OBGYN who doesn't do abortion, you know, like

523
00:35:33.840 --> 00:35:38.239
<v Speaker 1>ninety whatever percent of obgyns who don't do abortions. But

524
00:35:38.320 --> 00:35:40.599
<v Speaker 1>it says but instead this guy's like, no, I'm gonna

525
00:35:40.599 --> 00:35:46.840
<v Speaker 1>do abortions. That decision is apparently protected that we slide from. Look,

526
00:35:46.920 --> 00:35:50.760
<v Speaker 1>I don't like it, but very clearly established within California law,

527
00:35:50.800 --> 00:35:53.519
<v Speaker 1>within the California Constitution, you know, since we amended it

528
00:35:53.519 --> 00:35:56.599
<v Speaker 1>in twenty twenty two, is a right of patients to

529
00:35:56.639 --> 00:35:59.719
<v Speaker 1>have abortions. Patients have a right to have abortions. It's

530
00:35:59.719 --> 00:36:01.239
<v Speaker 1>clear in the California Constitution.

531
00:36:01.320 --> 00:36:01.960
<v Speaker 2>It's right there.

532
00:36:03.559 --> 00:36:08.159
<v Speaker 1>But you know it's not right there the right of

533
00:36:08.239 --> 00:36:12.360
<v Speaker 1>doctors to do abortions. And what's in the California Constitution

534
00:36:12.760 --> 00:36:16.440
<v Speaker 1>is something that says that the state can't hinder a

535
00:36:16.480 --> 00:36:19.400
<v Speaker 1>woman's right to have an abortion. It doesn't say anything

536
00:36:19.599 --> 00:36:27.039
<v Speaker 1>about private actors limiting someone's ability to do abortions, which

537
00:36:27.079 --> 00:36:31.360
<v Speaker 1>is what's happening in this medical complex. So I'm going

538
00:36:31.440 --> 00:36:33.920
<v Speaker 1>to continue to watch this case. I think it's really

539
00:36:33.960 --> 00:36:37.679
<v Speaker 1>it could be really, really troubling. We'll have to see

540
00:36:37.719 --> 00:36:39.559
<v Speaker 1>what the doctors in this lawsuit want to do. Are

541
00:36:39.559 --> 00:36:42.440
<v Speaker 1>they going to appeal this decision to the appellate court.

542
00:36:44.039 --> 00:36:46.039
<v Speaker 1>This is a really important case for the development of

543
00:36:46.119 --> 00:36:48.480
<v Speaker 1>abortion law throughout the state of California. We'll talk about

544
00:36:48.480 --> 00:36:51.000
<v Speaker 1>it more on Right to Life Radio on Saturday when

545
00:36:51.000 --> 00:36:54.559
<v Speaker 1>we return. I dare to tread where angels dare not

546
00:36:55.199 --> 00:36:58.719
<v Speaker 1>ask some questions about autism next on The John Gerardy Show.

547
00:37:01.119 --> 00:37:05.880
<v Speaker 1>The nomination of RFK Junior to be the Secretary of HHS,

548
00:37:06.400 --> 00:37:11.239
<v Speaker 1>which I fiercely dislike on abortion grounds, has led to

549
00:37:11.559 --> 00:37:20.280
<v Speaker 1>a refiring of the debate about whether vaccines cause autism.

550
00:37:20.320 --> 00:37:22.719
<v Speaker 1>And I'll just make this one point. First of all,

551
00:37:23.519 --> 00:37:27.960
<v Speaker 1>vaccines are very different from one another, so I justike

552
00:37:28.079 --> 00:37:33.639
<v Speaker 1>using such broad language, but also autism. People keep saying

553
00:37:33.800 --> 00:37:36.039
<v Speaker 1>things I keep seeing online, things like we're not allowed

554
00:37:36.079 --> 00:37:39.119
<v Speaker 1>to question why the incidence of autism has increased so

555
00:37:39.239 --> 00:37:43.119
<v Speaker 1>dramatically because on a hundred years ago, nobody knew what

556
00:37:43.159 --> 00:37:50.880
<v Speaker 1>autism was. It's also because am autism, especially the idea

557
00:37:50.920 --> 00:37:58.920
<v Speaker 1>of the autism spectrum is a very loose over inclusive

558
00:37:59.199 --> 00:38:03.039
<v Speaker 1>category that includes, on the one end, obviously people who

559
00:38:03.039 --> 00:38:07.239
<v Speaker 1>have a developmental problem who are you know, nonverbal, but

560
00:38:07.360 --> 00:38:09.119
<v Speaker 1>on the other end includes a whole bunch of people

561
00:38:09.159 --> 00:38:12.039
<v Speaker 1>who are just like, kind of socially awkward, who maybe

562
00:38:12.119 --> 00:38:16.719
<v Speaker 1>don't need that label. So, you know, before we start

563
00:38:16.760 --> 00:38:20.360
<v Speaker 1>citing the number of people who have autism has spiked drastically,

564
00:38:20.639 --> 00:38:22.320
<v Speaker 1>maybe let's just think about the nature of what we're

565
00:38:22.320 --> 00:38:22.840
<v Speaker 1>talking about.

566
00:38:22.920 --> 00:38:24.679
<v Speaker 2>That'll do it. John Girardi Show, See you next time

567
00:38:24.679 --> 00:38:25.320
<v Speaker 2>on Power Talk.
