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<v Speaker 1>Look, I'm listen to your music atdigas is so dumb.

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<v Speaker 2>Well usually that's why I'm doing it to annoy you.

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<v Speaker 1>Partly, don't listen.

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<v Speaker 3>Well, whiskey, come and take my pain, the money all ry,

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<v Speaker 3>oh whiskey.

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

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<v Speaker 4>With Ricochet's Three Whiskey Happy Hour, join your bartenders, Steve Hayward,

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<v Speaker 4>John You, and the International Woman of Mystery, Lucretia, where.

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<v Speaker 1>They lapps it up and David, ain't you easy?

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<v Speaker 2>On the show?

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<v Speaker 5>Tap got a giving and.

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<v Speaker 2>Let the whiskey blow.

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<v Speaker 4>Well, Hi everybody, and welcome to a tariff free episode

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<v Speaker 4>of the Three Whiskey Happy Hour.

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<v Speaker 2>Actually that's not quite true.

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<v Speaker 4>We've dropped all our tariffs on other podcasts, but we

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<v Speaker 4>do have one hundred and twenty five percent tariff on

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<v Speaker 4>our own podcast for all discussions about tariffs, although we

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<v Speaker 4>will spend a couple of minutes on it.

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<v Speaker 2>But we're glad to have John U back this week.

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<v Speaker 4>Because John and you are in your app since last week. John,

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<v Speaker 4>to my shock and to the surprise of many listeners,

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<v Speaker 4>I was in terror that was going to go very badly,

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<v Speaker 4>but Lucretia wasn't the host and was very nice to me.

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<v Speaker 6>And that's why you're like, Steve, You're like a beaten dog.

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<v Speaker 6>She just didn't beat you, so you thought she was

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<v Speaker 6>being nice to you. Yeah, just zero. You just made

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<v Speaker 6>it back from negative one hundred to zero. But you're

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<v Speaker 6>not at plus one hundred, my friend, Well.

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<v Speaker 4>Okay, could beat uh. This is so I uh here,

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<v Speaker 4>wait wait, wait wait.

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<v Speaker 1>I want to stop you for a second. I want

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<v Speaker 1>to point out that I think it was the week

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<v Speaker 1>before when we maybe whenever, it was when we talked

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<v Speaker 1>about the the death of Raoul Grajalva. I said I

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<v Speaker 1>hated the guy, but I especially hated him because he

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<v Speaker 1>was awful to Steve. Right, there's a compliment.

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<v Speaker 2>I don't know, I know, I know.

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<v Speaker 4>I just have to uh, well, all right, John, I

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<v Speaker 4>have in the can that.

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<v Speaker 1>As long as there's an enemy, Steve, I'm on your side.

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<v Speaker 4>Okay, good, well, good to know that we have our

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<v Speaker 4>snapping turtle back and forth. So's to get in trouble

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<v Speaker 4>for that, So I guess, so catch listeners up.

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<v Speaker 2>This is what Friday evening.

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<v Speaker 4>I've got my last bottle of pre terraf lafreug maybe

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<v Speaker 4>in hand because I wanted it. This was week five

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<v Speaker 4>of five weeks in a row, on the road the

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<v Speaker 4>entire week, and I don't even remember now where I've been.

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<v Speaker 4>All I know is that I want to shoot my scheduler,

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<v Speaker 4>except I look at that my scheduler every morning in

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<v Speaker 4>the mirror, so it's my own darn fault.

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<v Speaker 2>But I can give you a sort of a report

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<v Speaker 2>from hind enemy lines.

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<v Speaker 4>After class down in Malibu this week, I went to Boulder,

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<v Speaker 4>Colorado for three days to be you know, as if

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<v Speaker 4>being at Berkeley wasn't bad enough, John, Right, it's their

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<v Speaker 4>annual conference on world affairs that I have not attended

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<v Speaker 4>since before COVID, And oh my god, the Trump de

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<v Speaker 4>arrangement syndrome is so out of control and Boulder that

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<v Speaker 4>they really do need to be quarantined. And I'll just

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<v Speaker 4>make a long story short.

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<v Speaker 2>Although the panels were supposed to be about general topics,

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<v Speaker 2>I'll skip over all that.

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<v Speaker 4>Everything was about Trump. And so my fun provocation was saying, oh,

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<v Speaker 4>because I was on a panel, John, you'll know of

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<v Speaker 4>her with Ellen wintraup from fired from the Federal Election Commission.

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<v Speaker 4>She's very upset about that, and I kept making the

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<v Speaker 4>point that well, you liberals of boulders understand that this

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<v Speaker 4>is the presidency that liberals have always wanted, designed by

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<v Speaker 4>Woodrow Wilson, perfected by Franklin Roosevelt, and Roosevelt's only Trump

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<v Speaker 4>was only exercising the powers that Roosevelt wanted to exercise.

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<v Speaker 4>So there, and that didn't go down very well, but

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<v Speaker 4>it was fun.

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<v Speaker 2>I have to say.

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<v Speaker 1>You know, you always fall back on that trope, Steve,

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<v Speaker 1>like anybody who is a modern leftist cares about what

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<v Speaker 1>FDR did. He's no longer the icon you think he

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<v Speaker 1>is to the left.

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<v Speaker 2>Well, yes, and no, I think I think yes, you're right.

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<v Speaker 1>However, I mean, you've even got dumb ass, dumb excuse me,

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<v Speaker 1>it's been a long day dumb conservatives speaking well of FDR.

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<v Speaker 1>You know, So why were left on anywhere? Embrace FDR

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<v Speaker 1>that you know, the history has moved on, Steve, The

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<v Speaker 1>arch of history bends away from FDR.

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<v Speaker 2>H correct?

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<v Speaker 4>I mean I generalize it this way. You really could

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<v Speaker 4>see the contempt for and ignorance of all history. So

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<v Speaker 4>you know, I brought up things like Humphy's executor and

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<v Speaker 4>various other aspects of I read a couple passages from

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<v Speaker 4>Roosevelt's speeches and say, which, of course they've never heard.

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<v Speaker 4>Try having Trump say those words and see how you

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<v Speaker 4>like them. And you could see people this is brand

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<v Speaker 4>new to them.

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<v Speaker 2>And so I was on, I.

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<v Speaker 4>Don't know if you know this woman Lisa Graves, John,

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<v Speaker 4>she worked on the Senate Judiciary Committee about the same

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<v Speaker 4>time you did, I think, in the nineties, and boy,

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<v Speaker 4>she way out left and she said, this is the

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<v Speaker 4>nation's worst constitutional crisis ever. And I just sort of

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<v Speaker 4>calmly said, well, I would have thought the Civil War

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<v Speaker 4>might have been a little worse as Oh, yeah, of course,

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<v Speaker 4>except for that.

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<v Speaker 2>Yeah, it was. It was.

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<v Speaker 4>It was a lot of fun embarrassing the liberals for

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<v Speaker 4>what they don't know and anyway, but it's exhausting. Good lord, anyway,

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<v Speaker 4>what should we start with. You know, we're big in

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<v Speaker 4>tariffs to death. I do think there are a couple

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<v Speaker 4>of things that are under discussed, and we do have

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<v Speaker 4>a question from a listener. But either you have an

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<v Speaker 4>opening bid on what you think about where things stand today.

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<v Speaker 1>No, John, you're you're the expert. You're the financial expert.

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<v Speaker 2>Well no he isn't.

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<v Speaker 6>Oh you're talking about for the economy? Well, or what anything,

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<v Speaker 6>just the whole world. I mean, we're I think, I mean,

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<v Speaker 6>I think of the tariffs one is a just a

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<v Speaker 6>self self inflicted error on the part of the Trump administration.

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<v Speaker 6>But they're moving in the right direction now, which is

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<v Speaker 6>I think if the whole thing ended up becoming aimed

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<v Speaker 6>at China and China's allies and ended up unifying the

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<v Speaker 6>rest of you know, our allies, I think, actually that's

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<v Speaker 6>what it should have been in the first place. So

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<v Speaker 6>Trump's keeping the Chinese tariffs at over one hundred percent

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<v Speaker 6>was that it's like one hundred and forty percent, and

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<v Speaker 6>he suspended the other tarriffs towards other countries and say

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<v Speaker 6>he does negotiate, you know, like free trade agreements with

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<v Speaker 6>most of our allies. That's actually the ideal outcome to me. Now,

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<v Speaker 6>if you'd started that way, then you wouldn't have to

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<v Speaker 6>have lost over a trillion dollars in the stock market

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<v Speaker 6>and taken a hit in his public approval ratings and

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<v Speaker 6>possibly go into recession this year. So that's the self

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<v Speaker 6>inflicted error part.

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<v Speaker 5>I don't get.

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<v Speaker 6>Why not just start out by saying we're gonna target

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<v Speaker 6>all these tariffs on China and we're gonna encourage our

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<v Speaker 6>allies to also put tariffs on China. They're the real

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<v Speaker 6>task in all this.

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<v Speaker 1>Can I ask you, John, if this is not my

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<v Speaker 1>area of expertise, I don't pretend to. I look at

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<v Speaker 1>it from a thousand foot bird's eye view, and I'm

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<v Speaker 1>loving kind of every minute of it, just because it's

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<v Speaker 1>the elite scum who've been getting rich of the middle

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<v Speaker 1>class and the lower middle class for years. But leave

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<v Speaker 1>that aside. Is there not the possibility that had had

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<v Speaker 1>Trump gone after just China from the beginning and not

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<v Speaker 1>all of the what is it ninety countries? Is that

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<v Speaker 1>how many tariffs he issued? I know it was pretty

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<v Speaker 1>clear about the fact that these are at best reciprocal tariffs.

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<v Speaker 1>In many most cases, the tariffs imposed upon other countries

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<v Speaker 1>weren't close to even close to what those countries were

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<v Speaker 1>imposing on us. That's a whole different thing we don't

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<v Speaker 1>need to talk about. But because he was, he showed

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<v Speaker 1>his willingness to say America's first on this one. And

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<v Speaker 1>by the way, yeah, China's the worst, and et cetera,

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<v Speaker 1>et cetera. But unless you guys get on board with

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<v Speaker 1>me and America, there's also the possibility that something might

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<v Speaker 1>happen in terms of tariffs to you and will be

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<v Speaker 1>better off than you will because I control this. You

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<v Speaker 1>already have huge tariffs on American goods coming into your

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<v Speaker 1>countries as we know, so they don't have a lot

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<v Speaker 1>to a lot to completely to push back on. I

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<v Speaker 1>guess is the way. I mean, look at China, what

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<v Speaker 1>are we at one hundred and twenty five percent tariffs? Okay,

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<v Speaker 1>so there are some very serious things that we get

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<v Speaker 1>from China that we shouldn't medications, some rare earth minerals.

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<v Speaker 1>I get that, But do we really need more cheap

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<v Speaker 1>Chinese junk?

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<v Speaker 2>Well?

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<v Speaker 4>Maybe not, I think so I've followed along John that

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<v Speaker 4>maybe the end game was to isolate China and bring

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<v Speaker 4>more people over to our side. Yeah, I know, but

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<v Speaker 4>I think the reason you wouldn't start out explicitly that

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<v Speaker 4>way is that that wasn't gonna work.

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<v Speaker 2>You actually needed the rough Trump treatment. Well put it

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<v Speaker 2>this way.

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<v Speaker 4>I mean, I've been following this trade stuff for a

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<v Speaker 4>very long time, back to the Reagan years, and.

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<v Speaker 2>We've been Please, actually you should view this.

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<v Speaker 4>I think of a piece with the way Trump has

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<v Speaker 4>treated Europe over NATO in the Ukraine situation. I think

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<v Speaker 4>there's a similar strategy playing out and playing out pretty

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<v Speaker 4>well perhaps. And in the case of trade, the terriffs

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<v Speaker 4>were set. There's all a confusion about this, but it's

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<v Speaker 4>actually very simple. A lot of the trade barriers are

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<v Speaker 4>not tariffs. It's the non tariff trade barriers. It's the

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<v Speaker 4>regulations that disqualify some of our imports. This has been

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<v Speaker 4>a problem for decades.

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<v Speaker 2>And supposedly the old the trade liberalization.

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<v Speaker 4>Rounds are supposed to lower non tear iff trade barriers,

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<v Speaker 4>and we go up. We've been going for years saying please,

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<v Speaker 4>please reduce your non tariff trade barriers, and Trump just said,

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<v Speaker 4>screw it. I'm just gonna thump you really hard. And

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<v Speaker 4>so that's part of the game here, is not the terriffs,

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<v Speaker 4>because I think some countries have zero tariffs formerly, but

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<v Speaker 4>they have the non like Israel I think, but they

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<v Speaker 4>have non tariff trade barriers, and Trump is trying to

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<v Speaker 4>cut that at a stroke.

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<v Speaker 2>Not you don't think so, you don't think so.

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<v Speaker 6>If it were true, then the teriff rates he said

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<v Speaker 6>on other countries would bear so rational relationship to a

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<v Speaker 6>measurement of the tariffs are non type. Right, But no, no,

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<v Speaker 6>what he did if you look at the formula. Yeah,

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<v Speaker 6>he looked at what is the trade deficit between this

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<v Speaker 6>country and that country and set the tariff amount based

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<v Speaker 6>on that, which has the weird and illogical assumption that

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<v Speaker 6>the US trade relationship trade bounced with every country in

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<v Speaker 6>the world should be zero. Yeah, doesn't make any sense,

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<v Speaker 6>and that the United States should not have a trade

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<v Speaker 6>deficit at all.

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<v Speaker 5>That doesn't making The numbers.

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<v Speaker 6>He's out there are just like irrational, They have no nothing,

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<v Speaker 6>They bear no relation to reality. If he actually said,

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<v Speaker 6>we've calculated how much these non terfforate like the VAT tax, right,

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<v Speaker 6>the sales tax in your uprageously high folded into the

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<v Speaker 6>price of goods, discriminates against our products, I suppose, but

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<v Speaker 6>none of the teriff rates against all the European countries.

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<v Speaker 6>Said oh, this is how much we think the VAT

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<v Speaker 6>is equivalent in terms of tariff term.

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<v Speaker 5>So if they did that then I would believe them.

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<v Speaker 5>But they didn't do that. They just made it up.

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<v Speaker 6>And number two is why is it so bad to

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<v Speaker 6>have a trade deficit? The United States for most of

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<v Speaker 6>its history has had a trade deficit. The reason it's

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<v Speaker 6>good that we have a trade deficit is that means

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<v Speaker 6>every country have a trade deficit with We have a

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<v Speaker 6>capital surt plus account with them that's in the positive.

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<v Speaker 6>That means they're sending that money back to buy and

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<v Speaker 6>invest here for most of our history because we were

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<v Speaker 6>developing country and this is the place to invest if

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<v Speaker 6>you believe in innovation. It's good that that's the case.

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<v Speaker 6>We shouldn't really want a trade positive trade balance with

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<v Speaker 6>the rest of the world.

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<v Speaker 2>Well, I mostly agree with that.

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<v Speaker 4>A trade deficit by itself is not something to be

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<v Speaker 4>worried about. And I'll bet that all the people around Trump,

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<v Speaker 4>except for Peter Navarro, understand that. I think, once again,

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<v Speaker 4>this is probably being Trump the crazy man deliberately, so

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<v Speaker 4>I stay crazy, not literally crazy, but I think, you know,

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<v Speaker 4>if you're really going to shake these countries up and

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<v Speaker 4>really deliver a blow and make them change, that's one

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<v Speaker 4>of the things you added into the mix. Because they

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<v Speaker 4>say this isn't even reasonable, and Trump says, precisely, it's

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<v Speaker 4>not reasonable. Why don't I go to the question, see

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<v Speaker 4>what you think, Lucretia. That we got from our friend

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<v Speaker 4>the Gora, who sent me a note saying regard us

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<v Speaker 4>of all the ins and outs of the of the

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<v Speaker 4>economics of it that we've just talked about. Is there

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<v Speaker 4>is there a way in which this can be compared

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<v Speaker 4>to Ronald Reagan's Strategic Defense Initiative, which was not only

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<v Speaker 4>an idea and so on merits, but upended a generation's

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<v Speaker 4>worth of settled doctrine that upset our allies right, upset

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<v Speaker 4>our entire establishment.

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<v Speaker 1>And I always forgive the Gora for going off and

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<v Speaker 1>meeting me for Richard Epstein.

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<v Speaker 4>Almost almost Okay, what what?

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<v Speaker 2>What?

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<v Speaker 5>What happened there? And it's just what happened to you

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<v Speaker 5>miss something kind of weird?

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<v Speaker 1>No, I can't. I can't even get that out of

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<v Speaker 1>my mind. The Gore is my good liber libertarian friend

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<v Speaker 1>who lives in Australia, our friend. He's out. He's your

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<v Speaker 1>friend too, John, you just don't know it. And he's

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<v Speaker 1>he's very much a libertarian. I have yet to find

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<v Speaker 1>an issue with which he and I actually disagree, but

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<v Speaker 1>he claims to be a libertarian and doesn't like it

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<v Speaker 1>when I slam libertarians. And and so when Richard came on,

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<v Speaker 1>you know, a few weeks ago, when you were you

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<v Speaker 1>were busy, he said that he was leaving me it

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<v Speaker 1>was one of those memes with the guy Kreshia in

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<v Speaker 1>the back and it was the gore in the middle,

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<v Speaker 1>and it was Richard Epstein that he was having eyes for.

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<v Speaker 2>The distracted boyfriend me. Yes, that's called right.

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<v Speaker 5>Does he know what Richard actually looks like?

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<v Speaker 1>Yes? But sometimes politics and political ideology texts precedents over

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<v Speaker 1>those things. John. The good news is that for conservatives

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<v Speaker 1>it usually doesn't have to because genuine conservatives are always

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<v Speaker 1>more attractive. So that's sort wait, I have to tell you, sorry,

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<v Speaker 1>but we need to lighten this up. This talk of

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<v Speaker 1>tariffs is very heavy. So the other day someone posted

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<v Speaker 1>this picture of all of these women from Martha's Martha's

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<v Speaker 1>Vineyard and just you know, this whole litany of all

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<v Speaker 1>of their hypocrisies about you know, yeah, sure I believe

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<v Speaker 1>in uh, you know, clean energy, but I don't want windmills,

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<v Speaker 1>and yeah, you know, just all of these hypocrisies that

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<v Speaker 1>were used to from the left. But the funny thing

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<v Speaker 1>was they were all dressed in the same dumb outfit

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<v Speaker 1>and a couple of them were thin and attractive, but

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<v Speaker 1>most of them were overweight. And he'd made the comment

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<v Speaker 1>something along the lines of they go to XX some

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<v Speaker 1>kind of fancy yoga and spend seventeen dollars on smoothies.

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<v Speaker 1>So I wrote back, and I think this got more

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<v Speaker 1>more what likes and things like that than anything I've

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<v Speaker 1>ever written. And I wrote back and I said, looks

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<v Speaker 1>to me like they should do a little more yoga

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<v Speaker 1>and have a few less seventeen dollars smoothies, because the

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<v Speaker 1>hypocrisy and double standards of the left are just boring.

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<v Speaker 1>But lookism never is.

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<v Speaker 7>Oh boy, after I called them fat, basically all right.

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<v Speaker 2>One last thing on Orry's right, one.

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<v Speaker 4>Last thing on Tariff's and this again, John, maybe back

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<v Speaker 4>a little bit in your wheelhouse too. I'm not sure,

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<v Speaker 4>but you know, one of the thoughts is what's trump way.

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<v Speaker 2>Up to here?

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<v Speaker 4>What are some of the ancillary purposes? And one was, well,

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<v Speaker 4>we want to drive down interest rates because driving down

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<v Speaker 4>interest rates good for consumers, good for home buyers, et cetera,

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<v Speaker 4>and will greatly reduce the cost of refinancing our huge

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<v Speaker 4>debt that Biden ran up and so farth And it

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<v Speaker 4>looked on day one like it might happen. You know,

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<v Speaker 4>the ten year note actually dipped below four percent, but

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<v Speaker 4>then it snapped back really big. It's now back almost

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<v Speaker 4>to where it was before the tariff cycle began. It's

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<v Speaker 4>I think it ended at four point four or five today,

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<v Speaker 4>And so people are saying the bond market rebelled during

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<v Speaker 4>the week, and you know the famous line of James

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<v Speaker 4>Carville from thirty years ago, when I'm reincarnated, I want

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<v Speaker 4>to come back as the bond market because that seems

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<v Speaker 4>to control everything, and there's certain truth to that. I mean,

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<v Speaker 4>the thing to say I think about the bond market

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<v Speaker 4>is it is the ultimate discipliner now of profligate governments.

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<v Speaker 4>The more governments run up debt, the more they have

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<v Speaker 4>to pay attention when the bond market says you've got

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<v Speaker 4>to stop or things are going to go upside down

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<v Speaker 4>really fast.

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<v Speaker 2>Whether there's a coordinated effort or not, I don't know.

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<v Speaker 4>There's lots of rumors about it, but that's typical of

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<v Speaker 4>the media and stuff today. But it does look like

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<v Speaker 4>that may have been a factor in things, that things

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<v Speaker 4>were about to go weird in the bond market, and

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<v Speaker 4>that would have been very bad.

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<v Speaker 6>Look, you can see why the bond rates would be

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<v Speaker 6>going up because right you have trade deficits with these

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<v Speaker 6>countries they bring the money to the United States, they

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<v Speaker 6>have to earn dollars, Yeah, a lot of them. A

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<v Speaker 6>lot of foreign investors and governments use treasury bills as

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<v Speaker 6>their safest, safest place to park money. If you think

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<v Speaker 6>we're going to have a recession and we're going to

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<v Speaker 6>be cutting trade with the rest of the world, they're

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<v Speaker 6>going to take their money and invest it somewhere else,

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<v Speaker 6>and so there's probably less demand for dollars. There's less

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<v Speaker 6>demand for treasury bills.

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<v Speaker 2>You know.

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<v Speaker 6>Over I think something like over a trillion and a

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<v Speaker 6>half dollars have just you know, have been just disappeared

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<v Speaker 6>from the stock market, and asset about money has not

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<v Speaker 6>come back.

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<v Speaker 2>You know what, I'm well fake money. It's I mean,

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<v Speaker 2>I'm sorry. I'm still up on the ear because I

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<v Speaker 2>know what the hell I'm doing. But that's me. I was.

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<v Speaker 4>I was down on Wednesday when things went well, excuse me,

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<v Speaker 4>I went really bad. I better take drinks, more Scots

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<v Speaker 4>I'm having I think I said this, I'm having let

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<v Speaker 4>froud again because darn it, I want it and it's

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<v Speaker 4>my last.

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<v Speaker 1>Well, there's the problem. You're instead of smoking, you're getting

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<v Speaker 1>your all of your carcinogens inside whiskey.

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<v Speaker 2>It could be right, somebody talk while I caught for

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<v Speaker 2>a minute.

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<v Speaker 6>Yes, Steve, the reason you're there's reason you're you know,

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<v Speaker 6>even for the years, because you probably dug a hole

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<v Speaker 6>and put your money in there in the backyard and

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<v Speaker 6>then undug it up and pulled it out yesterday. Because

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<v Speaker 6>if you were just out of the market, you would

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<v Speaker 6>have gone up, and now you're back to where you were.

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<v Speaker 6>I still destroyed trillions of dollars in assets that were

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<v Speaker 6>there before because and not and not because of anything

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<v Speaker 6>that happened in the economy. It's because of bad public policy.

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<v Speaker 5>That's why.

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<v Speaker 1>Because of that's why.

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<v Speaker 2>Well the way a manteu so first of all, I

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<v Speaker 2>was not the last thing.

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<v Speaker 6>I also don't think this comparison to SDI makes sense

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<v Speaker 6>to me. I mean, there's a difference between like having

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<v Speaker 6>a revolutionary view of the way certain policies should be

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<v Speaker 6>and really being insightful.

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<v Speaker 5>That's not happening with trade.

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<v Speaker 6>He's like pulling out the oldest, you know, sort of

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<v Speaker 6>discredited ideas about how trade works, and he's using it

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<v Speaker 6>to attack our allies.

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<v Speaker 5>Not our enemies.

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<v Speaker 6>I mean SDI was aimed at the Soviet Union, not

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<v Speaker 6>our allies. A lot of the I mean a lot

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<v Speaker 6>of the trade measures he's talking about are aimed at

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<v Speaker 6>countries that have been our friends for since before World

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<v Speaker 6>War Two. Not I don't see why we should be

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<v Speaker 6>out there punishing the Europeans. I don't see why we

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<v Speaker 6>should be out there punishing.

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<v Speaker 1>One tariff that Trump imposed was higher than that imposed

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<v Speaker 1>upon the country itself.

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<v Speaker 5>Not one?

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<v Speaker 1>Not one?

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<v Speaker 6>What do you mean?

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<v Speaker 1>I mean if we imposed a thirty percent tariff on Denmark? Denmark,

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<v Speaker 1>I don't know the actual numbers. I'm making this up,

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<v Speaker 1>but Denmark imposed a sixty percent tariff on us in

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<v Speaker 1>every single case. Yes, it is. I can chew the charge.

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<v Speaker 6>In fact, there's almost no correlation between the tariffs he

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<v Speaker 6>put on and the tariffs they have on us. Like

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<v Speaker 6>he put over a huge teriflema.

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<v Speaker 1>That doesn't mean what I said.

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<v Speaker 5>We was in Korea have.

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<v Speaker 6>A free trade agreement. Korea has almost no tariffs on

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<v Speaker 6>American goods.

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<v Speaker 1>And what was the tariffy placed on South Korea?

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<v Speaker 2>Oh?

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<v Speaker 5>I think it was like.

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<v Speaker 6>Enormous because he only cares about the trade deficit with

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<v Speaker 6>Korea because they send us a lot of TVs and cars.

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<v Speaker 5>We have a huge trade deficit with career. That doesn't

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<v Speaker 5>have anything to do with the tariff rate.

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<v Speaker 1>But remember what the purpose is. The purpose is to

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<v Speaker 1>stop buying goods and goods I'll leave services alone. That's

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<v Speaker 1>a different subject. Goods that Americans want, stop buying them

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<v Speaker 1>from other countries and go back to making them in

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<v Speaker 1>the United States. I know that's an oversimplification, but no,

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<v Speaker 1>I think that's what Meg is demanding.

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<v Speaker 5>Yeah, that makes no sense.

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<v Speaker 6>As a matter of economics, we should the other way. No, No,

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<v Speaker 6>should the United States make everything for itself. Like if

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<v Speaker 6>it's cheaper to make avocados in Mexico, we should still

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<v Speaker 6>not allow avocados or Mexico and growma in the United States.

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<v Speaker 1>They used to grow, they used to grow in the

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<v Speaker 1>United States. Why do they Why are they cheaper to

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<v Speaker 1>be grown in Mexico. Why, there's a very good reason

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<v Speaker 1>for it. We don't have tariffs on that, or didn't.

426
00:21:24.400 --> 00:21:28.640
<v Speaker 1>And they can exploit the labor in other countries that

427
00:21:28.680 --> 00:21:32.240
<v Speaker 1>we don't allow to be exploited here, and that's why

428
00:21:32.279 --> 00:21:36.119
<v Speaker 1>they can do it. It's you know, it's it's having

429
00:21:36.240 --> 00:21:39.839
<v Speaker 1>Nike build their stupid four hundred dollars worthless tennis shoes

430
00:21:40.279 --> 00:21:44.720
<v Speaker 1>in some you know backwoods with three year olds sewing

431
00:21:44.759 --> 00:21:47.200
<v Speaker 1>them because they don't have to pay them anything.

432
00:21:47.680 --> 00:21:50.440
<v Speaker 4>And then well, you know, but didn't we give Nike

433
00:21:50.519 --> 00:21:52.119
<v Speaker 4>a special exemption on their shoes.

434
00:21:52.160 --> 00:21:52.839
<v Speaker 2>I think we did.

435
00:21:53.200 --> 00:21:57.119
<v Speaker 4>It's very well, look, let's get out on this and

436
00:21:57.519 --> 00:21:59.240
<v Speaker 4>move on to something that we actually know more about,

437
00:21:59.279 --> 00:22:01.759
<v Speaker 4>like the law and the kind institution. I will just

438
00:22:01.839 --> 00:22:04.799
<v Speaker 4>mention this again from my personal stock experience, and this

439
00:22:04.880 --> 00:22:07.279
<v Speaker 4>goes back gosh, almost fifty years. So you know, my dad,

440
00:22:07.279 --> 00:22:10.640
<v Speaker 4>as I mentioned, was in specially electronics manufacturing, and at

441
00:22:10.640 --> 00:22:13.519
<v Speaker 4>one point, this would be late sixties, he bought a

442
00:22:13.559 --> 00:22:16.279
<v Speaker 4>small company that made consumer electronics.

443
00:22:16.279 --> 00:22:19.599
<v Speaker 2>He thought he wanted to try consumer electronics.

444
00:22:18.519 --> 00:22:21.359
<v Speaker 4>And they made or my dad helped design and brought

445
00:22:21.359 --> 00:22:25.480
<v Speaker 4>out a new line of record players. They're portable record players.

446
00:22:25.680 --> 00:22:27.799
<v Speaker 4>You could actually put batteries in them. His idea this

447
00:22:27.880 --> 00:22:30.119
<v Speaker 4>is before you know, even cassette players, right or the

448
00:22:30.240 --> 00:22:33.519
<v Speaker 4>Walkman or ghetto blasters. He thought, oh, people might want

449
00:22:33.519 --> 00:22:35.160
<v Speaker 4>to take a record player to the beach. This is

450
00:22:35.240 --> 00:22:37.400
<v Speaker 4>the heyday of all the beach bank at Bingo movies

451
00:22:37.440 --> 00:22:37.799
<v Speaker 4>and stuff.

452
00:22:37.839 --> 00:22:38.039
<v Speaker 2>Right.

453
00:22:38.559 --> 00:22:42.079
<v Speaker 4>So, and you also get a model and it pulled

454
00:22:42.119 --> 00:22:44.960
<v Speaker 4>it up like a small suitcase with the speakers built

455
00:22:45.000 --> 00:22:48.400
<v Speaker 4>in and all that, and this was in the days. Well,

456
00:22:48.400 --> 00:22:50.079
<v Speaker 4>he also had a model that you could use a

457
00:22:50.079 --> 00:22:53.039
<v Speaker 4>plug for. He also made some Cebee radios that, oddly enough,

458
00:22:53.079 --> 00:22:55.240
<v Speaker 4>in the I learned in the Cebee radio community that

459
00:22:55.279 --> 00:22:58.480
<v Speaker 4>still exists. Ham radio people are still kind of popular

460
00:22:58.480 --> 00:23:01.480
<v Speaker 4>as a cult item, you know, more than fifty years

461
00:23:01.519 --> 00:23:04.720
<v Speaker 4>after he quit making them. And the problem then was,

462
00:23:05.160 --> 00:23:07.039
<v Speaker 4>I remember this as a teenager. You can't compete with

463
00:23:07.039 --> 00:23:10.359
<v Speaker 4>the Japanese. You know, he had cheap labor on assembly

464
00:23:10.359 --> 00:23:12.920
<v Speaker 4>lines at minimum wage, and the Japanese could still make

465
00:23:12.960 --> 00:23:14.799
<v Speaker 4>them and export them to America cheaper.

466
00:23:15.160 --> 00:23:16.200
<v Speaker 2>So he ended up giving it up.

467
00:23:17.480 --> 00:23:19.880
<v Speaker 4>And you know that was true in American TVs, right,

468
00:23:19.920 --> 00:23:21.039
<v Speaker 4>we quit making TVs.

469
00:23:21.119 --> 00:23:22.720
<v Speaker 6>The reason why this is as good as a matter

470
00:23:22.759 --> 00:23:25.960
<v Speaker 6>of trade is that, yeah, then you know, the US

471
00:23:26.119 --> 00:23:29.400
<v Speaker 6>laborer can focus on producing the things that we're efficient

472
00:23:29.480 --> 00:23:31.759
<v Speaker 6>at that don't depend on little labor costs. Right.

473
00:23:31.880 --> 00:23:33.319
<v Speaker 5>We don't make cheap clothes.

474
00:23:33.000 --> 00:23:37.079
<v Speaker 6>In the United States anymore at all, like cheap every

475
00:23:37.160 --> 00:23:37.759
<v Speaker 6>day close.

476
00:23:38.039 --> 00:23:40.599
<v Speaker 5>They're mostly made abroad. I think that's a good thing.

477
00:23:40.640 --> 00:23:42.960
<v Speaker 6>I don't think Americans if we can avoid it should

478
00:23:43.039 --> 00:23:44.519
<v Speaker 6>be spending their time.

479
00:23:44.960 --> 00:23:47.799
<v Speaker 5>And you know, cheap garment factories. Far better for.

480
00:23:47.759 --> 00:23:51.960
<v Speaker 6>Them to spend time and energy making higher value goods

481
00:23:51.960 --> 00:23:52.480
<v Speaker 6>and make it.

482
00:23:53.160 --> 00:23:55.839
<v Speaker 1>And I at least offer an ulternative.

483
00:23:55.480 --> 00:23:58.720
<v Speaker 6>Americans to spend time making people's underwear if we don't

484
00:23:58.759 --> 00:23:59.039
<v Speaker 6>have to.

485
00:24:00.519 --> 00:24:06.200
<v Speaker 1>How about we make those cheap, useless clothes as expensive

486
00:24:06.240 --> 00:24:09.119
<v Speaker 1>as making decent clothes, and we stop allowing women to

487
00:24:09.680 --> 00:24:14.599
<v Speaker 1>hugely overweight, obese women running around in cheap yoga pants

488
00:24:14.759 --> 00:24:17.000
<v Speaker 1>and UH and crop tops.

489
00:24:17.680 --> 00:24:18.319
<v Speaker 2>How about we.

490
00:24:22.000 --> 00:24:24.240
<v Speaker 1>What I what I don't understand, John, is why you

491
00:24:24.279 --> 00:24:28.240
<v Speaker 1>say it's it's it's not sound economic theory to think

492
00:24:28.359 --> 00:24:31.799
<v Speaker 1>that if we impose tariffs so that it becomes more

493
00:24:31.839 --> 00:24:36.039
<v Speaker 1>expensive to make these goods in other countries, UH, does

494
00:24:36.079 --> 00:24:39.000
<v Speaker 1>not sound that will it'll bring back manufacturing. But the

495
00:24:39.039 --> 00:24:43.920
<v Speaker 1>opposite happened. The opposite happened because they could make them

496
00:24:44.079 --> 00:24:48.000
<v Speaker 1>more cheaply in other countries, because they didn't have to

497
00:24:48.039 --> 00:24:51.480
<v Speaker 1>be subject to labor laws and environmental laws and on

498
00:24:51.559 --> 00:24:54.640
<v Speaker 1>and on and on and on. They started making them elsewhere.

499
00:24:55.039 --> 00:24:58.759
<v Speaker 1>Why can't that be reversed? What economic theory says that

500
00:24:58.799 --> 00:24:59.720
<v Speaker 1>can't be reversed?

501
00:25:00.319 --> 00:25:03.920
<v Speaker 6>Well, the decline in manufacturing in the United States. First

502
00:25:03.920 --> 00:25:06.240
<v Speaker 6>of all, the percentage of manufacturing United States has actually

503
00:25:06.279 --> 00:25:10.119
<v Speaker 6>been rather constant since the eighties. Right, It hasn't actually

504
00:25:10.160 --> 00:25:13.400
<v Speaker 6>gone down because of trade relation, has gone down because

505
00:25:13.440 --> 00:25:16.759
<v Speaker 6>of America's moved to become a service dominated economy.

506
00:25:16.920 --> 00:25:19.200
<v Speaker 5>Well, no, productivity is a lot higher.

507
00:25:19.240 --> 00:25:22.079
<v Speaker 6>I mean, this is the the key answer, though, is

508
00:25:23.000 --> 00:25:27.839
<v Speaker 6>you want Americans to focus on high productivity jobs, because

509
00:25:27.880 --> 00:25:29.720
<v Speaker 6>productivity is what gives you a salary.

510
00:25:30.160 --> 00:25:31.279
<v Speaker 5>We shouldn't be having.

511
00:25:31.200 --> 00:25:34.640
<v Speaker 6>Americans work on these low productive jobs like making underwear

512
00:25:34.839 --> 00:25:38.640
<v Speaker 6>and socks. Right, that's a waste of people's.

513
00:25:38.160 --> 00:25:39.400
<v Speaker 5>Time here in the United States.

514
00:25:39.519 --> 00:25:42.359
<v Speaker 6>Well, far better for that to occur in other countries

515
00:25:42.400 --> 00:25:45.200
<v Speaker 6>that have lower labor costs, and people who work here

516
00:25:45.359 --> 00:25:49.200
<v Speaker 6>should focus on things with write more value. It doesn't

517
00:25:49.240 --> 00:25:52.079
<v Speaker 6>make sense for any country to want to produce everything

518
00:25:52.200 --> 00:25:55.799
<v Speaker 6>in themselves. North Korea does that, So the Soviet Union

519
00:25:55.839 --> 00:25:58.279
<v Speaker 6>tried that at least have failed economy.

520
00:25:58.680 --> 00:26:00.799
<v Speaker 4>What you're saying is that Ricardo was still right, and

521
00:26:00.839 --> 00:26:01.799
<v Speaker 4>there's an irony here.

522
00:26:01.720 --> 00:26:04.359
<v Speaker 6>Yeah, I mean love of comparative advantage. I mean it's

523
00:26:04.680 --> 00:26:05.880
<v Speaker 6>mathematically true.

524
00:26:06.240 --> 00:26:08.799
<v Speaker 4>Well, what I recall is that the liberal critics of

525
00:26:08.839 --> 00:26:11.039
<v Speaker 4>free trade thirty forty years ago, all said.

526
00:26:10.799 --> 00:26:14.720
<v Speaker 6>Really sound like they sound like Lucretia. Well, Cretia sounds

527
00:26:14.759 --> 00:26:17.880
<v Speaker 6>like Ross Perrot, arguing this is again the.

528
00:26:17.839 --> 00:26:18.960
<v Speaker 2>Genius of Trump. He's mad.

529
00:26:19.079 --> 00:26:22.119
<v Speaker 4>He's made Democrats come out for free trade and against tariffs,

530
00:26:22.160 --> 00:26:23.680
<v Speaker 4>which you know, you.

531
00:26:23.599 --> 00:26:26.279
<v Speaker 1>Guys, what what is your definition of free trade? Don't

532
00:26:26.279 --> 00:26:29.480
<v Speaker 1>ever use that unless you actually mean free trade. Free

533
00:26:29.480 --> 00:26:33.079
<v Speaker 1>trade is we send our stuff over, they send their

534
00:26:33.119 --> 00:26:36.440
<v Speaker 1>stuff back. That's free trade. There is no such thing

535
00:26:36.480 --> 00:26:38.559
<v Speaker 1>as free trade. We don't have free trade now, we

536
00:26:38.599 --> 00:26:43.039
<v Speaker 1>didn't have it before. This idea that Trump is trying

537
00:26:43.079 --> 00:26:45.759
<v Speaker 1>to restore free trade that we that we have but

538
00:26:45.880 --> 00:26:47.880
<v Speaker 1>we don't have. I mean, it's so stupid.

539
00:26:48.319 --> 00:26:49.119
<v Speaker 2>Well, look at the.

540
00:26:50.640 --> 00:26:54.400
<v Speaker 4>John's point that actually I want to restate it more precisely, John.

541
00:26:54.559 --> 00:26:54.880
<v Speaker 2>The man.

542
00:26:55.119 --> 00:26:58.160
<v Speaker 4>Our manufacturing output share of the economy has been flat

543
00:26:58.160 --> 00:27:00.319
<v Speaker 4>for what forty fifty years? It has not gone down.

544
00:27:00.440 --> 00:27:03.079
<v Speaker 4>What's gone down is manufacturing employment.

545
00:27:03.559 --> 00:27:05.559
<v Speaker 2>Again. An example is.

546
00:27:06.000 --> 00:27:09.759
<v Speaker 4>I know a guy in Madison, Wisconsin, has an aluminum

547
00:27:09.839 --> 00:27:13.519
<v Speaker 4>cast parts company. They make transverse axle casings, some of

548
00:27:13.559 --> 00:27:15.640
<v Speaker 4>which they sell to Volkswagen in Germany.

549
00:27:15.680 --> 00:27:17.519
<v Speaker 2>It's an export business. Used to be.

550
00:27:17.759 --> 00:27:19.599
<v Speaker 4>It has been the family for like one hundred years

551
00:27:19.640 --> 00:27:22.759
<v Speaker 4>in Madison used to be a Vabia Larry labor intensive job.

552
00:27:23.119 --> 00:27:25.880
<v Speaker 4>Now it is all automated and he has six employees,

553
00:27:26.039 --> 00:27:27.480
<v Speaker 4>all highly paid, highly trained.

554
00:27:27.480 --> 00:27:29.240
<v Speaker 2>Because it's computerized, they.

555
00:27:29.119 --> 00:27:31.920
<v Speaker 4>No longer have the quality control inspection done with you know,

556
00:27:32.000 --> 00:27:35.279
<v Speaker 4>human beings with magnifying glasses. It's all computerized with laser beams.

557
00:27:35.799 --> 00:27:38.920
<v Speaker 4>And he says the competition is really tough with China.

558
00:27:39.319 --> 00:27:41.440
<v Speaker 4>He says he's always competing with China to sell to

559
00:27:41.519 --> 00:27:45.119
<v Speaker 4>Voltswagen and BMW into American automakers. And then the other

560
00:27:45.160 --> 00:27:49.079
<v Speaker 4>problem is for Lucretia I think is, oh, let's suppose

561
00:27:49.119 --> 00:27:51.720
<v Speaker 4>we do this and we stick with it in a

562
00:27:51.799 --> 00:27:54.240
<v Speaker 4>very aggressive way. I don't think it's going to bring

563
00:27:54.279 --> 00:27:56.759
<v Speaker 4>back the places that started our focus on this, which

564
00:27:56.799 --> 00:27:59.119
<v Speaker 4>is Michigan, Indiana.

565
00:27:58.640 --> 00:28:02.039
<v Speaker 1>Ohio, Michigan. I don't care. You accused me of that

566
00:28:02.119 --> 00:28:03.039
<v Speaker 1>last week too, But.

567
00:28:02.960 --> 00:28:05.359
<v Speaker 4>That's not about did I make that point last week

568
00:28:05.400 --> 00:28:07.720
<v Speaker 4>that the American auto industry moves south and is thriving

569
00:28:07.720 --> 00:28:10.279
<v Speaker 4>that sort will go to Okay, if you're happy with that,

570
00:28:10.279 --> 00:28:10.960
<v Speaker 4>that's fine.

571
00:28:11.079 --> 00:28:12.559
<v Speaker 2>But I think that you know, thinking.

572
00:28:12.400 --> 00:28:15.039
<v Speaker 1>About the fact that you say that that manufacturing in

573
00:28:15.079 --> 00:28:18.680
<v Speaker 1>the United States has remained flat since what did you say,

574
00:28:18.720 --> 00:28:25.920
<v Speaker 1>nineteen eighty Yeah, when every American household has probably five

575
00:28:26.079 --> 00:28:29.920
<v Speaker 1>times the amount of goods that they purchase, whether it's

576
00:28:30.480 --> 00:28:33.480
<v Speaker 1>instead of one car, they now have three, et cetera,

577
00:28:33.519 --> 00:28:35.920
<v Speaker 1>et cetera, et cetera. So the fact that it stayed

578
00:28:35.960 --> 00:28:40.359
<v Speaker 1>flat means it fell greatly. And that includes the whole

579
00:28:40.359 --> 00:28:45.319
<v Speaker 1>discussion of automation and so forth. And so I don't

580
00:28:45.359 --> 00:28:49.119
<v Speaker 1>agree with John from the point of view that somehow

581
00:28:49.240 --> 00:28:53.119
<v Speaker 1>it's demeaning work to make socks or something like that.

582
00:28:53.519 --> 00:28:56.559
<v Speaker 1>Those people that don't make socks anymore because they're made

583
00:28:56.599 --> 00:29:01.160
<v Speaker 1>in Bangladesh or Indonesia or China, they're on welfare, John,

584
00:29:01.759 --> 00:29:06.680
<v Speaker 1>they're not producing, they're not you know, having salary jobs

585
00:29:06.680 --> 00:29:09.160
<v Speaker 1>where they have a good living. They have turned the

586
00:29:09.319 --> 00:29:13.759
<v Speaker 1>entire country into elites versus everybody else. And that's what

587
00:29:13.880 --> 00:29:16.480
<v Speaker 1>Trump is trying to fix. Bessett came out and said,

588
00:29:16.640 --> 00:29:19.680
<v Speaker 1>in so many words, that's what we're trying to fix.

589
00:29:20.519 --> 00:29:24.559
<v Speaker 6>We are a vastly richer country than we were before.

590
00:29:24.640 --> 00:29:25.599
<v Speaker 1>Yes, but not everybody.

591
00:29:26.720 --> 00:29:29.359
<v Speaker 6>But as a country, not every single person. Some people

592
00:29:29.359 --> 00:29:30.920
<v Speaker 6>are going to do better, some people are going to

593
00:29:30.960 --> 00:29:34.319
<v Speaker 6>do worse. But as a country, you were vastly wealthier.

594
00:29:34.559 --> 00:29:38.079
<v Speaker 6>You just poor people have multiple cars and televisions. When

595
00:29:38.119 --> 00:29:39.920
<v Speaker 6>I was growing up in the seventies, I don't remember

596
00:29:40.160 --> 00:29:43.200
<v Speaker 6>poor people having multiple cars. Says what we just we

597
00:29:43.240 --> 00:29:44.359
<v Speaker 6>are wealthier country.

598
00:29:44.720 --> 00:29:45.359
<v Speaker 5>I don't think that.

599
00:29:45.960 --> 00:29:48.240
<v Speaker 6>You know the fact, from what I can tell, the

600
00:29:48.279 --> 00:29:51.279
<v Speaker 6>bottom of the bell curve of our income distribution has

601
00:29:51.279 --> 00:29:53.599
<v Speaker 6>gotten a lot smaller. There's been a lot more movement

602
00:29:53.640 --> 00:29:57.039
<v Speaker 6>and pushing into the middle. But second, it's not that

603
00:29:57.079 --> 00:30:00.799
<v Speaker 6>it's demeaning work. It's that it's work that's it's just

604
00:30:00.960 --> 00:30:03.640
<v Speaker 6>not worth it given the job skills that Americans have.

605
00:30:04.119 --> 00:30:06.599
<v Speaker 6>If there are people who are unemployed, it's because nowadays

606
00:30:06.640 --> 00:30:07.759
<v Speaker 6>they choose to be unemployed.

607
00:30:07.799 --> 00:30:07.960
<v Speaker 2>We have.

608
00:30:08.039 --> 00:30:10.720
<v Speaker 6>We're in a labor shortage right now. We've been for

609
00:30:10.799 --> 00:30:14.759
<v Speaker 6>several years. I mean, maybe we're eat Starbucks is demeaning,

610
00:30:14.759 --> 00:30:16.599
<v Speaker 6>but you get paid a lot more and it's a

611
00:30:16.680 --> 00:30:20.000
<v Speaker 6>lot more productive work based on the salaries and benefits

612
00:30:20.240 --> 00:30:20.599
<v Speaker 6>than you.

613
00:30:20.599 --> 00:30:21.839
<v Speaker 5>Do making cheap clothing.

614
00:30:22.279 --> 00:30:25.079
<v Speaker 6>That's the way economy. Economy is now knowledge economy. It's

615
00:30:25.079 --> 00:30:28.200
<v Speaker 6>a services based economy because that's the future, okay, And

616
00:30:28.279 --> 00:30:30.920
<v Speaker 6>that's how people a going to get better paid and

617
00:30:31.240 --> 00:30:34.200
<v Speaker 6>it's not by like trying to resurrect, you know, defunct

618
00:30:34.240 --> 00:30:37.359
<v Speaker 6>anachronistic industries that I think it's good have left the

619
00:30:37.359 --> 00:30:39.519
<v Speaker 6>country and are being done by poor countries. Now.

620
00:30:40.240 --> 00:30:43.440
<v Speaker 4>All right, So at this point, because it may be

621
00:30:43.440 --> 00:30:45.319
<v Speaker 4>a whole new scene a week from now, I'm going

622
00:30:45.359 --> 00:30:48.279
<v Speaker 4>to impose a five hundred percent tariff on further discussion

623
00:30:48.319 --> 00:30:50.279
<v Speaker 4>of this issue today and move on.

624
00:30:50.680 --> 00:30:52.799
<v Speaker 5>You're going to suspend it the next day.

625
00:30:53.759 --> 00:30:55.440
<v Speaker 2>Well, but we won't be taping tomorrow.

626
00:30:55.559 --> 00:30:59.680
<v Speaker 4>So all right, Look, the legal scene continues to be

627
00:31:00.440 --> 00:31:01.279
<v Speaker 4>hugely interesting.

628
00:31:01.839 --> 00:31:03.319
<v Speaker 2>So what do we want to take up? First?

629
00:31:03.480 --> 00:31:06.160
<v Speaker 4>We had a Supreme Court following up on their ruling

630
00:31:06.160 --> 00:31:09.680
<v Speaker 4>a week ago on the use of the Alien Enemies Act.

631
00:31:10.079 --> 00:31:12.440
<v Speaker 4>I guess there's been a ruling by an immigration judge

632
00:31:12.839 --> 00:31:16.960
<v Speaker 4>just here today Friday, that the Trump administration can proceed

633
00:31:17.000 --> 00:31:19.920
<v Speaker 4>with deporting that Mohammed Khalili guy, whatever his name is,

634
00:31:20.160 --> 00:31:24.519
<v Speaker 4>the Columbia graduate student who's you know, pro Homas and

635
00:31:24.559 --> 00:31:26.880
<v Speaker 4>all the rest of that. The other one thing, this

636
00:31:26.960 --> 00:31:29.680
<v Speaker 4>is a story I didn't even learn about until today,

637
00:31:30.319 --> 00:31:31.680
<v Speaker 4>even though it's been out for a few days, that

638
00:31:31.720 --> 00:31:34.599
<v Speaker 4>Trump issued an executive order to all of his regulatory

639
00:31:34.680 --> 00:31:41.119
<v Speaker 4>agencies saying, please review all your regulations for their constitutionality

640
00:31:41.480 --> 00:31:44.799
<v Speaker 4>given the recent changes in constitutional doctrine at the Supreme

641
00:31:44.799 --> 00:31:48.519
<v Speaker 4>Court about regulation, the Chevron doctrine, the major question doctrines,

642
00:31:48.559 --> 00:31:52.680
<v Speaker 4>and so forth. And if you and I'm sure the wording,

643
00:31:52.720 --> 00:31:55.759
<v Speaker 4>but the point is, if you think it fails the

644
00:31:55.799 --> 00:32:00.000
<v Speaker 4>test of constitutionality under these new doctrines, you should repeal

645
00:32:00.039 --> 00:32:00.880
<v Speaker 4>those regulations.

646
00:32:01.119 --> 00:32:02.839
<v Speaker 2>Now, maybe we should start with that one. Do you

647
00:32:02.880 --> 00:32:04.319
<v Speaker 2>want to do that one? Lucretia and John?

648
00:32:05.160 --> 00:32:06.759
<v Speaker 4>And start with you John, I mean, I have some

649
00:32:06.839 --> 00:32:09.079
<v Speaker 4>thoughts on this, but can they do this side?

650
00:32:09.400 --> 00:32:12.079
<v Speaker 2>Is this really pushing the envelope? What's what's going on here?

651
00:32:14.359 --> 00:32:18.240
<v Speaker 6>Uh? This is a potentially And I said this when

652
00:32:18.279 --> 00:32:20.480
<v Speaker 6>it came out. It came in this you know this

653
00:32:20.480 --> 00:32:22.960
<v Speaker 6>this some EO came out in the huge batch from

654
00:32:23.000 --> 00:32:27.559
<v Speaker 6>at the beginning and when it's completely unnoticed. And I

655
00:32:27.599 --> 00:32:31.119
<v Speaker 6>remember telling people in the press, the really revolutionary EO

656
00:32:31.319 --> 00:32:34.039
<v Speaker 6>is the one buried in there that says we're going

657
00:32:34.119 --> 00:32:39.039
<v Speaker 6>to start uh withdrawing or ending the enforcement of regulations

658
00:32:39.039 --> 00:32:43.119
<v Speaker 6>that don't meet these principles. And some of the principles

659
00:32:43.279 --> 00:32:46.440
<v Speaker 6>are you know. I people got obsessed with some of

660
00:32:46.440 --> 00:32:49.839
<v Speaker 6>the tiny details. But two of the principles are a

661
00:32:51.160 --> 00:32:55.200
<v Speaker 6>regulations that exceed the proper scope of the Commerce Clause

662
00:32:56.359 --> 00:32:59.880
<v Speaker 6>and right that violate federalism. And then another one says

663
00:33:00.480 --> 00:33:04.880
<v Speaker 6>cases where they believe Congress has excessively delegated power to

664
00:33:04.920 --> 00:33:09.759
<v Speaker 6>the executive branch. If you apply those two, you could

665
00:33:09.759 --> 00:33:11.960
<v Speaker 6>strike down a whole lot of what the administrative state

666
00:33:12.000 --> 00:33:16.160
<v Speaker 6>does these days. Notice that the executive or doesn't say

667
00:33:17.079 --> 00:33:19.599
<v Speaker 6>what the Supreme Court thinks is the proper scope of

668
00:33:19.599 --> 00:33:24.039
<v Speaker 6>the Commerce Clause. It doesn't say what the Supreme Court

669
00:33:24.039 --> 00:33:26.720
<v Speaker 6>says about non delegation because the Supreme Court has still

670
00:33:26.799 --> 00:33:31.079
<v Speaker 6>yet to strike down a law on non delegation grounds,

671
00:33:31.079 --> 00:33:33.319
<v Speaker 6>which I think they should, but they haven't since nineteen

672
00:33:33.359 --> 00:33:37.559
<v Speaker 6>thirty seven. So this means if you read it that say,

673
00:33:37.559 --> 00:33:42.000
<v Speaker 6>the EPA is going to say, we think the Endangered

674
00:33:42.000 --> 00:33:47.720
<v Speaker 6>Species Act violates the Commerce Clause when it addresses animals

675
00:33:47.720 --> 00:33:50.920
<v Speaker 6>that can't even move across a state boundary AH, or

676
00:33:51.319 --> 00:33:54.799
<v Speaker 6>we think the Steve's favorite statute that won't be named

677
00:33:54.799 --> 00:33:59.839
<v Speaker 6>but has to do with is an excessive delegation from

678
00:34:00.400 --> 00:34:03.480
<v Speaker 6>because it gives too much legislative power to the agencies

679
00:34:04.279 --> 00:34:08.199
<v Speaker 6>that could really got a lot of the regulatory state

680
00:34:08.360 --> 00:34:09.880
<v Speaker 6>if they apply it the way the.

681
00:34:09.800 --> 00:34:11.039
<v Speaker 5>Executive Order is written.

682
00:34:12.000 --> 00:34:15.039
<v Speaker 6>Now, the problem they have is usually when you pull

683
00:34:15.039 --> 00:34:17.119
<v Speaker 6>out a regulation, you have to follow something called the

684
00:34:17.119 --> 00:34:21.159
<v Speaker 6>Administrative Procedure Act. So the Mystery Procedure Act requires when

685
00:34:21.199 --> 00:34:24.800
<v Speaker 6>you create a regulation or you withdraw one, you have

686
00:34:24.840 --> 00:34:27.239
<v Speaker 6>to go through this arduous process. It takes about a

687
00:34:27.280 --> 00:34:31.280
<v Speaker 6>year and a half before the court challenges start. So

688
00:34:31.280 --> 00:34:36.320
<v Speaker 6>they're trying to evade that by saying that there's a

689
00:34:36.360 --> 00:34:38.079
<v Speaker 6>basically a public interest.

690
00:34:37.760 --> 00:34:40.599
<v Speaker 5>Exception to having to go through this process.

691
00:34:41.679 --> 00:34:44.119
<v Speaker 6>It's not used in the way they want to. Yeah,

692
00:34:44.119 --> 00:34:46.440
<v Speaker 6>it's in the law, but it hasn't been used this

693
00:34:46.480 --> 00:34:48.599
<v Speaker 6>way ever before. Not saying that the courts that you

694
00:34:48.639 --> 00:34:50.239
<v Speaker 6>can't do it's just like no one ever thought you

695
00:34:50.239 --> 00:34:51.119
<v Speaker 6>could do it this way.

696
00:34:51.960 --> 00:34:53.000
<v Speaker 5>So there's going to be.

697
00:34:52.920 --> 00:34:56.360
<v Speaker 6>A legal challenge to every single one they do, saying no,

698
00:34:56.519 --> 00:34:58.440
<v Speaker 6>you have to go through this year and a half process.

699
00:34:58.440 --> 00:35:00.079
<v Speaker 5>You just can't do it right away.

700
00:35:01.039 --> 00:35:04.039
<v Speaker 6>But I think this could really be a sweeping change

701
00:35:04.360 --> 00:35:08.559
<v Speaker 6>in the regulatory state that liberals are only now hearing about.

702
00:35:10.360 --> 00:35:13.559
<v Speaker 1>So, John, you covered so much. It's not fair, but

703
00:35:13.679 --> 00:35:17.199
<v Speaker 1>I mean, and not much that I disagreed with quite frankly,

704
00:35:17.239 --> 00:35:21.559
<v Speaker 1>but he wanted to bring back up your delegata potestas

705
00:35:21.760 --> 00:35:26.000
<v Speaker 1>non potest delagare principle, which, as you say, has not

706
00:35:26.039 --> 00:35:29.320
<v Speaker 1>been The delegated power cannot be delegated. I mean, that's

707
00:35:29.320 --> 00:35:36.480
<v Speaker 1>just a simple principled interpretation of delegated power. If we

708
00:35:36.639 --> 00:35:39.920
<v Speaker 1>the people have delegated our power to Congress, Congress cannot

709
00:35:40.000 --> 00:35:43.079
<v Speaker 1>delegate that power to someone else. That's the whole principle

710
00:35:43.119 --> 00:35:45.920
<v Speaker 1>behind it. And I agree with you they absolutely shouldn't,

711
00:35:45.920 --> 00:35:48.880
<v Speaker 1>and I would push that point. The Supreme Court when

712
00:35:48.880 --> 00:35:53.559
<v Speaker 1>it decided to abandon that was absolutely erroneous, wrong and

713
00:35:53.679 --> 00:35:56.559
<v Speaker 1>has destroyed the country in many ways because of it. Okay,

714
00:35:56.639 --> 00:35:59.199
<v Speaker 1>that statement being done, I actually have a question for you.

715
00:36:00.159 --> 00:36:05.960
<v Speaker 1>That is, you mentioned that you didn't think that that

716
00:36:06.119 --> 00:36:11.960
<v Speaker 1>the Trump's admit Trump's interpretation of the Act. What's it

717
00:36:12.000 --> 00:36:18.039
<v Speaker 1>called again? Three A's seed your Act? That was the word?

718
00:36:18.039 --> 00:36:24.000
<v Speaker 1>I couldn't remember. The Some of that is actually dependent

719
00:36:24.320 --> 00:36:31.159
<v Speaker 1>upon how the Court ultimately decides this universal universal junction stuff.

720
00:36:31.239 --> 00:36:36.599
<v Speaker 1>Don't injunction stuff, don't you think because if the Left

721
00:36:37.159 --> 00:36:44.239
<v Speaker 1>challenges every single uh abolishment of every single regulation that

722
00:36:44.320 --> 00:36:49.360
<v Speaker 1>the Trump administration argues is a violation of of Loper

723
00:36:49.559 --> 00:36:52.360
<v Speaker 1>or it's a violation of Harvard or you know, all

724
00:36:52.400 --> 00:36:55.159
<v Speaker 1>of these different cases that you're right, have come down

725
00:36:55.760 --> 00:37:00.639
<v Speaker 1>in favor of the executive for the most part. If

726
00:37:00.719 --> 00:37:06.159
<v Speaker 1>they don't rein in these out of control on both sides,

727
00:37:06.639 --> 00:37:09.079
<v Speaker 1>but mostly of course on the left. You know, that's

728
00:37:09.159 --> 00:37:12.239
<v Speaker 1>just those are just the numbers. If the Supreme Court

729
00:37:12.280 --> 00:37:15.559
<v Speaker 1>is not willing to say that a district court judge

730
00:37:15.639 --> 00:37:23.159
<v Speaker 1>cannot issue remedies for plaintiffs not before the court. You know,

731
00:37:23.239 --> 00:37:26.320
<v Speaker 1>one of the rules it's supposed to apply. Lots of

732
00:37:26.360 --> 00:37:30.119
<v Speaker 1>different reasons. Why all of these injunctions, whether they benefit

733
00:37:30.320 --> 00:37:34.760
<v Speaker 1>or hurt my cause they're wrong. And the Supreme Court

734
00:37:34.800 --> 00:37:38.159
<v Speaker 1>if it stepped in on that, I think that the

735
00:37:38.199 --> 00:37:42.199
<v Speaker 1>Trump's the Trump administration would be much more successful in

736
00:37:42.239 --> 00:37:45.440
<v Speaker 1>the stuff that's already out there, but also on getting

737
00:37:45.519 --> 00:37:48.199
<v Speaker 1>rid of these regulations. What do you think or do

738
00:37:48.239 --> 00:37:50.400
<v Speaker 1>you think that's not it? You think they'll be successful

739
00:37:50.719 --> 00:37:54.239
<v Speaker 1>challenging this, and they won't do it with universal injunctions

740
00:37:54.320 --> 00:37:55.239
<v Speaker 1>or national junction.

741
00:37:55.400 --> 00:37:57.760
<v Speaker 6>I don't think this is going to raise a nationwide

742
00:37:57.800 --> 00:38:02.840
<v Speaker 6>injunction issue, but it could generally when you challenge these regulations.

743
00:38:02.280 --> 00:38:03.920
<v Speaker 5>Under the APA process.

744
00:38:04.000 --> 00:38:06.960
<v Speaker 6>You are, you're you're supposed to bring the cases in

745
00:38:07.119 --> 00:38:10.400
<v Speaker 6>Washington d C courts. You know, the d C Circuit

746
00:38:10.519 --> 00:38:14.440
<v Speaker 6>is the administrative law court in the country almost because

747
00:38:14.440 --> 00:38:19.000
<v Speaker 6>they hear almost every major APA rulemaking there.

748
00:38:19.039 --> 00:38:20.880
<v Speaker 5>There's like all you describe it.

749
00:38:20.920 --> 00:38:24.400
<v Speaker 6>There's a process that allows you to go right to

750
00:38:24.440 --> 00:38:28.039
<v Speaker 6>the d C Circuit immediately if you're challenging a regulation,

751
00:38:28.199 --> 00:38:31.880
<v Speaker 6>so you don't have to go through a longer process.

752
00:38:31.880 --> 00:38:33.960
<v Speaker 6>Some statutes even require you to go to the d

753
00:38:34.000 --> 00:38:37.199
<v Speaker 6>C Circuit. So and the liberals should want to do

754
00:38:37.199 --> 00:38:40.199
<v Speaker 6>that because the d C Circuit is quite strongly filled

755
00:38:40.239 --> 00:38:45.719
<v Speaker 6>with Biden and Obama appointees. So I don't think it's

756
00:38:45.760 --> 00:38:49.039
<v Speaker 6>going to have to raise a nationwide injunction issue because

757
00:38:49.079 --> 00:38:51.559
<v Speaker 6>the Democrats right have. You know, liberals have a very

758
00:38:51.559 --> 00:38:54.000
<v Speaker 6>favorable form where they're supposed to bring these cases.

759
00:38:54.000 --> 00:38:56.639
<v Speaker 1>Anyway, Well, let me follow on with that because that

760
00:38:56.719 --> 00:39:00.320
<v Speaker 1>was another case that happened this week where the UH

761
00:39:00.519 --> 00:39:02.960
<v Speaker 1>and by the way, the dread coward Roberts was the

762
00:39:03.000 --> 00:39:08.519
<v Speaker 1>only dissenter, but no no reason given whereby they determined

763
00:39:08.639 --> 00:39:14.079
<v Speaker 1>that that that scumbag gang banger that got sent to

764
00:39:14.119 --> 00:39:17.400
<v Speaker 1>the l. Salvador prison did have due process rights, but

765
00:39:17.480 --> 00:39:23.199
<v Speaker 1>he had to exercise them in louis was it Louisiana, Texas? Texas, Texas,

766
00:39:23.360 --> 00:39:25.199
<v Speaker 1>and not in what was it d C?

767
00:39:25.480 --> 00:39:26.440
<v Speaker 2>Washing? Yeah?

768
00:39:26.559 --> 00:39:30.440
<v Speaker 1>Yeah, and so so maybe the Supreme Court is getting

769
00:39:30.440 --> 00:39:32.920
<v Speaker 1>more serious about this idea of jurisdiction. And I just

770
00:39:32.920 --> 00:39:34.119
<v Speaker 1>wondered what you thought about that.

771
00:39:37.639 --> 00:39:41.599
<v Speaker 6>Actually, you could read all of these recent cases involving immigration,

772
00:39:43.159 --> 00:39:45.480
<v Speaker 6>involving I mean, there's a case out here in San

773
00:39:45.480 --> 00:39:51.480
<v Speaker 6>Francisco involving the effort to stop the Garment from firing anybody.

774
00:39:52.079 --> 00:39:57.400
<v Speaker 6>The there's another case about trying the Feller Garment, trying

775
00:39:57.440 --> 00:40:02.280
<v Speaker 6>to stop the Trump administration from blocking grants. And in

776
00:40:02.320 --> 00:40:05.840
<v Speaker 6>all these cases where the Supreme Court has intervened extremely early,

777
00:40:06.280 --> 00:40:08.599
<v Speaker 6>that's effectively what they've been telling the lower courts. They've

778
00:40:08.599 --> 00:40:12.719
<v Speaker 6>been saying to them, stop this rush to judgment against Trump.

779
00:40:13.519 --> 00:40:20.000
<v Speaker 6>You have been overriding standard procedure. For example, the judge

780
00:40:20.000 --> 00:40:22.599
<v Speaker 6>here turned out didn't have a single plaintiff in his

781
00:40:22.679 --> 00:40:25.840
<v Speaker 6>courtroom actually worked for the federal government and had lost

782
00:40:25.840 --> 00:40:26.280
<v Speaker 6>their job.

783
00:40:27.480 --> 00:40:27.599
<v Speaker 2>Right.

784
00:40:27.679 --> 00:40:29.880
<v Speaker 6>I was like, that's such a basic rule to have

785
00:40:29.960 --> 00:40:33.440
<v Speaker 6>standing that you need someone's actually been harmed. These guys

786
00:40:33.480 --> 00:40:36.800
<v Speaker 6>came into court. They're basically public employee unions. They came

787
00:40:36.840 --> 00:40:40.400
<v Speaker 6>into court in public interest groups and they said, while

788
00:40:40.440 --> 00:40:42.840
<v Speaker 6>the country's going to be harmed if these people get fired,

789
00:40:42.840 --> 00:40:45.519
<v Speaker 6>because then the parks will be closed, so we can sue.

790
00:40:46.119 --> 00:40:48.079
<v Speaker 6>And the courts of lung said, you can't sue on

791
00:40:48.119 --> 00:40:51.000
<v Speaker 6>behalf of the public quote unquote, you have to actually

792
00:40:51.039 --> 00:40:55.719
<v Speaker 6>be affected directly by the government's actions. So that's really

793
00:40:55.719 --> 00:40:58.679
<v Speaker 6>what's been going on. The court has not decided really

794
00:40:58.760 --> 00:41:01.880
<v Speaker 6>much of anything on the merit. For example, the case

795
00:41:02.079 --> 00:41:05.559
<v Speaker 6>of the Venezuelan as you mentioned, Uh, the district judge

796
00:41:05.599 --> 00:41:07.960
<v Speaker 6>in the Circuit court I think went way beyond their

797
00:41:08.320 --> 00:41:11.719
<v Speaker 6>remit and said, oh, there's no invasion here, right, we're

798
00:41:11.719 --> 00:41:14.840
<v Speaker 6>in peacetime, there's no invasion. We're going to find as

799
00:41:14.840 --> 00:41:18.719
<v Speaker 6>a matter of fact that the Venezuelan government has no

800
00:41:18.840 --> 00:41:22.719
<v Speaker 6>ties to this gang Triina de la Ragua. And the

801
00:41:22.760 --> 00:41:24.920
<v Speaker 6>Supreme Court wiped that all out because it said, you

802
00:41:24.960 --> 00:41:27.480
<v Speaker 6>never had jurisdiction over this case in the first place.

803
00:41:27.480 --> 00:41:29.440
<v Speaker 5>It has to go back to has to go to Texas.

804
00:41:30.599 --> 00:41:31.719
<v Speaker 2>But that for.

805
00:41:31.639 --> 00:41:36.920
<v Speaker 1>Sure Roberts dissented on but again we don't know why.

806
00:41:36.960 --> 00:41:37.920
<v Speaker 6>Yeah, we don't know why.

807
00:41:37.960 --> 00:41:39.480
<v Speaker 5>He didn't. He didn't write an opinion.

808
00:41:40.239 --> 00:41:42.960
<v Speaker 6>But the point is that we also don't know for

809
00:41:43.000 --> 00:41:44.840
<v Speaker 6>sure what the court's going to say when that eventually

810
00:41:45.239 --> 00:41:47.400
<v Speaker 6>comes back. The courts really kicked the can down the

811
00:41:47.440 --> 00:41:50.320
<v Speaker 6>road on all these issues. On the merits. All they're

812
00:41:50.320 --> 00:41:53.119
<v Speaker 6>doing is sending it back and saying, restart the cases

813
00:41:53.119 --> 00:41:57.000
<v Speaker 6>and the right procedure in the right place. Stop this sloppiness.

814
00:41:57.639 --> 00:42:00.519
<v Speaker 6>Because these judges have been so eager to rule get Trump,

815
00:42:00.880 --> 00:42:04.000
<v Speaker 6>they aren't following normal procedures.

816
00:42:06.159 --> 00:42:08.239
<v Speaker 1>I could go on, Steve, but I'm deferring.

817
00:42:08.960 --> 00:42:10.639
<v Speaker 2>Well, I don't well, I don't know.

818
00:42:10.679 --> 00:42:14.360
<v Speaker 4>I'm I'm confused as to actually which cases we are talking

819
00:42:14.360 --> 00:42:16.960
<v Speaker 4>about because there's now three or four and I can't

820
00:42:17.039 --> 00:42:17.719
<v Speaker 4>untangle them.

821
00:42:18.480 --> 00:42:20.400
<v Speaker 2>I do wonder about the APA, but in.

822
00:42:20.320 --> 00:42:24.800
<v Speaker 4>A stative procedure act. So while there is some talk

823
00:42:25.480 --> 00:42:31.000
<v Speaker 4>of Congress rewriting its statute or repeating a statute that

824
00:42:31.039 --> 00:42:34.000
<v Speaker 4>gave emergency broad tariff setting power to the president back

825
00:42:34.039 --> 00:42:37.360
<v Speaker 4>in the nineteen seventies, because you know, remember Tear, I mean,

826
00:42:37.440 --> 00:42:40.920
<v Speaker 4>I do think that regulating commerce with foreign nations is

827
00:42:40.920 --> 00:42:44.159
<v Speaker 4>an Article one power under the Commerce Clause, right, And

828
00:42:44.199 --> 00:42:46.559
<v Speaker 4>I think that regardless of what you think about the

829
00:42:46.559 --> 00:42:48.719
<v Speaker 4>tariff policy. I think that is too broad a power

830
00:42:48.960 --> 00:42:52.599
<v Speaker 4>to give the president to do. Similarly, is it time

831
00:42:52.639 --> 00:42:55.360
<v Speaker 4>to think about rewriting of the Administrative Procedure Act?

832
00:42:55.880 --> 00:42:58.199
<v Speaker 2>Last time I talked to Jeremy Rapkin.

833
00:42:57.960 --> 00:42:59.320
<v Speaker 4>About this, and I thought he wrote one of the

834
00:42:59.360 --> 00:43:02.239
<v Speaker 4>best books about this subject thirty years ago, and it

835
00:43:02.280 --> 00:43:03.920
<v Speaker 4>was a long time ago, more than ten years ago.

836
00:43:03.920 --> 00:43:04.679
<v Speaker 2>I talked him about it.

837
00:43:04.719 --> 00:43:07.920
<v Speaker 4>He very much thought we ought to rewrite the Administrative

838
00:43:07.920 --> 00:43:13.840
<v Speaker 4>Procedure Act that would include in a more rigorous ways

839
00:43:13.880 --> 00:43:19.719
<v Speaker 4>of challenging the basis of regulations in court. And actually

840
00:43:19.760 --> 00:43:23.400
<v Speaker 4>it was really a preemptive shot to scaling back because

841
00:43:23.440 --> 00:43:24.679
<v Speaker 4>Chevron deference.

842
00:43:24.480 --> 00:43:25.360
<v Speaker 2>And those kinds of things.

843
00:43:25.360 --> 00:43:27.760
<v Speaker 4>But I hear no talk about that from any of

844
00:43:27.800 --> 00:43:31.440
<v Speaker 4>our friends who would like to revive Congressional prerogatives and

845
00:43:31.519 --> 00:43:33.519
<v Speaker 4>get Congress doing its job again.

846
00:43:35.880 --> 00:43:39.480
<v Speaker 6>No, I mean, I think Demonstrative Procedure Act has outlived

847
00:43:39.519 --> 00:43:39.800
<v Speaker 6>its state.

848
00:43:39.840 --> 00:43:42.880
<v Speaker 5>It's really a product of the forties, right, You know

849
00:43:42.920 --> 00:43:44.480
<v Speaker 5>what it is if you look.

850
00:43:44.360 --> 00:43:47.360
<v Speaker 6>Back at the history of it before the Administrative Procedure Act,

851
00:43:47.400 --> 00:43:48.400
<v Speaker 6>you know Congress.

852
00:43:48.000 --> 00:43:51.000
<v Speaker 5>Would and the New Deal period gave U huge.

853
00:43:50.719 --> 00:43:54.280
<v Speaker 6>Amounts of powered agencies with like no guidance, right, and

854
00:43:54.360 --> 00:43:57.519
<v Speaker 6>so you know, they came up with the idea that

855
00:43:57.679 --> 00:44:01.440
<v Speaker 6>we could create a procedure for all regulations and it

856
00:44:01.480 --> 00:44:04.400
<v Speaker 6>would be kind of democratic. We would have a period

857
00:44:04.400 --> 00:44:07.039
<v Speaker 6>where anyone in the public can read a draft that

858
00:44:07.119 --> 00:44:09.519
<v Speaker 6>will put out there the regulation, and then you'll have comments,

859
00:44:10.039 --> 00:44:13.079
<v Speaker 6>and then you'll have the agency will have to respond

860
00:44:13.159 --> 00:44:16.760
<v Speaker 6>to every comment, take them and rationally respond and then

861
00:44:16.800 --> 00:44:20.440
<v Speaker 6>issue the regulation and it'll improve everything.

862
00:44:20.840 --> 00:44:21.000
<v Speaker 5>You know.

863
00:44:21.039 --> 00:44:22.760
<v Speaker 6>I think there was one study done by the Wall

864
00:44:22.800 --> 00:44:25.360
<v Speaker 6>Street Journal that showed that a lot of these comments

865
00:44:26.079 --> 00:44:29.360
<v Speaker 6>or ai generated just repetitive or useless.

866
00:44:30.000 --> 00:44:30.920
<v Speaker 5>The only people who.

867
00:44:30.800 --> 00:44:33.320
<v Speaker 6>Really pay attention to these are the industries that are affected,

868
00:44:33.599 --> 00:44:37.159
<v Speaker 6>are their opponents or the supporters, and they write thoughtful comments.

869
00:44:37.159 --> 00:44:41.639
<v Speaker 6>But this process is so slow and really doesn't have

870
00:44:41.679 --> 00:44:44.719
<v Speaker 6>anything to do with making the regulation really better that

871
00:44:44.800 --> 00:44:48.440
<v Speaker 6>it's just, you know, it's a kabookie play, you know,

872
00:44:48.559 --> 00:44:52.760
<v Speaker 6>sort of a fake democratic way to make regulations.

873
00:44:52.920 --> 00:44:55.239
<v Speaker 4>Well, I think I mean as at a one level

874
00:44:55.239 --> 00:44:57.760
<v Speaker 4>detail as I recall the history of it, and I

875
00:44:58.079 --> 00:44:59.639
<v Speaker 4>like I say, I read it a long time ago.

876
00:45:00.280 --> 00:45:02.679
<v Speaker 4>The problem with all the new de regulatory agencies is

877
00:45:02.719 --> 00:45:05.960
<v Speaker 4>there was no consistency in the way they made their regulations.

878
00:45:06.000 --> 00:45:08.079
<v Speaker 4>You know, one agency would say, well, here's a new

879
00:45:08.119 --> 00:45:11.639
<v Speaker 4>regulation that starts in ten days. It's like what and

880
00:45:11.639 --> 00:45:14.000
<v Speaker 4>and you know what standards they used and all the

881
00:45:14.000 --> 00:45:16.360
<v Speaker 4>rest of that, and so that you know, that's what

882
00:45:16.440 --> 00:45:20.800
<v Speaker 4>the APA was often called the constitution of the administrative State, right,

883
00:45:20.880 --> 00:45:23.599
<v Speaker 4>and but look, it says that, you know, courts can

884
00:45:23.639 --> 00:45:26.920
<v Speaker 4>only strike down regulations if they're arbitrary and capricious.

885
00:45:27.480 --> 00:45:28.639
<v Speaker 2>Those are the key terms in it.

886
00:45:28.679 --> 00:45:32.039
<v Speaker 4>And they have a couple of times struck down regulations

887
00:45:32.079 --> 00:45:35.400
<v Speaker 4>on those grounds, but not very often, because good grief,

888
00:45:35.440 --> 00:45:38.199
<v Speaker 4>it sure seems to me a lot of regulations would

889
00:45:38.239 --> 00:45:41.840
<v Speaker 4>be vulnerable to being arbitrary and capricious on any number

890
00:45:41.880 --> 00:45:44.199
<v Speaker 4>of grounds. The courts have always said, no, we're going

891
00:45:44.280 --> 00:45:47.440
<v Speaker 4>to let the agencies do what they want, right, And

892
00:45:47.519 --> 00:45:48.239
<v Speaker 4>so I don't know, I.

893
00:45:48.840 --> 00:45:50.800
<v Speaker 2>Think that should be revisited. Maybe it wouldn't work a.

894
00:45:53.039 --> 00:45:55.719
<v Speaker 6>You know, the APA is such a failure that the

895
00:45:55.880 --> 00:46:01.199
<v Speaker 6>real reform and regulation making was President Reagan's decision to

896
00:46:01.360 --> 00:46:06.119
<v Speaker 6>concentrate review of regulations under Chris Tamuth that you know,

897
00:46:06.239 --> 00:46:08.480
<v Speaker 6>not a AI then in the Office of Management Budget

898
00:46:09.039 --> 00:46:12.760
<v Speaker 6>or they subject all major regulations to cost benefit analysis.

899
00:46:12.280 --> 00:46:13.599
<v Speaker 5>Which is not even in the APA.

900
00:46:13.719 --> 00:46:16.280
<v Speaker 6>That's how useless it is that the APA doesn't even

901
00:46:16.280 --> 00:46:20.280
<v Speaker 6>require that the costs not exceed the benefits of a regulation. Instead,

902
00:46:20.320 --> 00:46:23.679
<v Speaker 6>President Reagan basically said, well, we're just as president, I'm

903
00:46:23.679 --> 00:46:26.880
<v Speaker 6>going to use my executive authority and block any regulation

904
00:46:27.000 --> 00:46:30.800
<v Speaker 6>from any agency that can't prove that the benefits that

905
00:46:30.880 --> 00:46:33.079
<v Speaker 6>way the costs, and people.

906
00:46:32.760 --> 00:46:34.639
<v Speaker 5>Attack them for them. So that's not in the APA.

907
00:46:34.800 --> 00:46:36.760
<v Speaker 6>You can't as president just come in and make up

908
00:46:36.800 --> 00:46:39.320
<v Speaker 6>your own criteria for every regulation.

909
00:46:39.400 --> 00:46:40.320
<v Speaker 5>But thank god he did.

910
00:46:41.440 --> 00:46:45.480
<v Speaker 1>Yeah, And I was just going to say, in what

911
00:46:45.639 --> 00:46:49.480
<v Speaker 1>world of separation of powers and executive power can the

912
00:46:49.519 --> 00:46:52.440
<v Speaker 1>president not do that? Except the world that's been screwed

913
00:46:52.519 --> 00:46:57.960
<v Speaker 1>up over judicially regulated, over administrative rate. I mean, of

914
00:46:57.960 --> 00:47:01.679
<v Speaker 1>course the president can decide, because who else do we

915
00:47:01.760 --> 00:47:05.840
<v Speaker 1>hold accountable if not the president? That's the whole argument.

916
00:47:05.960 --> 00:47:08.880
<v Speaker 1>I get frustrated. I know all of these kind of

917
00:47:09.719 --> 00:47:13.800
<v Speaker 1>secondary legal issues and legal theories we discussed, but when

918
00:47:13.800 --> 00:47:17.519
<v Speaker 1>it comes down to it, the president gets to decide

919
00:47:17.559 --> 00:47:23.679
<v Speaker 1>because he's the one accountable. That's Hamilton, It doesn't matter, right,

920
00:47:24.079 --> 00:47:26.239
<v Speaker 1>And if he wants to have a rule that says

921
00:47:26.280 --> 00:47:29.119
<v Speaker 1>there's got to be a cost benefit analysis. More power

922
00:47:29.159 --> 00:47:29.760
<v Speaker 1>to him.

923
00:47:29.880 --> 00:47:31.719
<v Speaker 4>Yeah, but I think John, isn't it right that the

924
00:47:32.039 --> 00:47:35.119
<v Speaker 4>cost benefit test that the Reagan people imposed did not

925
00:47:35.159 --> 00:47:38.119
<v Speaker 4>apply to the independent regulatory agencies. It only applied to

926
00:47:38.159 --> 00:47:39.840
<v Speaker 4>the ones that the president.

927
00:47:39.440 --> 00:47:42.360
<v Speaker 2>Has to rect control of, like the cabin offices, right,

928
00:47:42.400 --> 00:47:42.679
<v Speaker 2>I think?

929
00:47:42.800 --> 00:47:48.400
<v Speaker 6>No, that's actually but after Humphrey's executor gets overturned, right right?

930
00:47:48.920 --> 00:47:50.960
<v Speaker 4>Well, of course you know the idea that I mean,

931
00:47:51.000 --> 00:47:53.320
<v Speaker 4>I remember Chris, you know you and I know Chris.

932
00:47:53.880 --> 00:47:56.639
<v Speaker 4>I remember Chris is talking about how, ah, we had

933
00:47:56.639 --> 00:47:59.760
<v Speaker 4>this great uh you know that sort of understated way

934
00:47:59.800 --> 00:48:01.960
<v Speaker 4>he does things. He would say, oh, we had this

935
00:48:02.079 --> 00:48:06.559
<v Speaker 4>great cost benefit analysis standard and it led to and

936
00:48:06.599 --> 00:48:10.000
<v Speaker 4>then he pauses and said, marginal improvement.

937
00:48:09.519 --> 00:48:10.639
<v Speaker 2>In some regulations.

938
00:48:10.679 --> 00:48:12.719
<v Speaker 4>I mean, even he thought that this hadn't worked very well,

939
00:48:12.800 --> 00:48:15.760
<v Speaker 4>right you? No, I see John has disappeared off the screen,

940
00:48:15.800 --> 00:48:18.760
<v Speaker 4>so who knows, you know, But even.

941
00:48:20.159 --> 00:48:25.199
<v Speaker 1>How do I say this? Even distinguishing between independent regulatory

942
00:48:25.239 --> 00:48:29.559
<v Speaker 1>agencies and other administrative agencies misses the point.

943
00:48:30.119 --> 00:48:32.119
<v Speaker 2>No, I understand that, you know.

944
00:48:32.199 --> 00:48:33.960
<v Speaker 5>I just think that it's.

945
00:48:33.679 --> 00:48:39.320
<v Speaker 1>Probably necessary to repeat that often and loudly, because otherwise

946
00:48:39.360 --> 00:48:41.480
<v Speaker 1>you get lost in the weeds on these things, and

947
00:48:41.840 --> 00:48:42.760
<v Speaker 1>you miss the point.

948
00:48:43.039 --> 00:48:44.880
<v Speaker 4>Well, except if the weeds grew up big, well, and

949
00:48:44.880 --> 00:48:47.119
<v Speaker 4>I'll do it this way. That's trying to do annalg it.

950
00:48:47.119 --> 00:48:49.559
<v Speaker 2>It's not right. One reason why it'd be good to

951
00:48:49.599 --> 00:48:53.880
<v Speaker 2>have more tools, such as a cost benefits.

952
00:48:53.440 --> 00:48:56.119
<v Speaker 4>Standard in the law that allowed you and me or

953
00:48:56.119 --> 00:48:58.840
<v Speaker 4>an interest group to challenge it effectively in court. That

954
00:48:58.920 --> 00:49:01.079
<v Speaker 4>becomes an adjunct of presidents who want to control it

955
00:49:01.079 --> 00:49:03.079
<v Speaker 4>because there's too much for them to chase after. That's

956
00:49:03.119 --> 00:49:05.320
<v Speaker 4>part of the point, right, and it allows more pressure

957
00:49:05.320 --> 00:49:08.480
<v Speaker 4>points against the administrative state for citizens. And then, by

958
00:49:08.519 --> 00:49:10.719
<v Speaker 4>the way, you don't just depend on the president. It

959
00:49:10.800 --> 00:49:13.000
<v Speaker 4>means that you and I or our friends can challenge

960
00:49:13.000 --> 00:49:15.079
<v Speaker 4>what agencies are doing when there's a Democrat in the

961
00:49:15.079 --> 00:49:17.119
<v Speaker 4>White House. That's why these things are useful. Now I

962
00:49:17.119 --> 00:49:19.840
<v Speaker 4>know they're wonky, and wonkiness bores you, and so let's

963
00:49:19.880 --> 00:49:20.920
<v Speaker 4>then move on to that.

964
00:49:21.840 --> 00:49:24.440
<v Speaker 1>It's not that at all, and I am in favor

965
00:49:24.519 --> 00:49:28.119
<v Speaker 1>of incremental changes wherever they can be made. But I

966
00:49:28.159 --> 00:49:31.440
<v Speaker 1>think the point is that we need to restore the

967
00:49:31.440 --> 00:49:34.320
<v Speaker 1>fundamental notion of what executive power means, and we need

968
00:49:34.360 --> 00:49:37.199
<v Speaker 1>to be able, unlike our friends on the other side

969
00:49:37.239 --> 00:49:41.079
<v Speaker 1>of the aisle to recognize that the same powers that

970
00:49:41.119 --> 00:49:44.880
<v Speaker 1>can be exercised by Trump, by Reagan can be exercised

971
00:49:44.920 --> 00:49:48.079
<v Speaker 1>by a Biden or an Obama. And what's the what's

972
00:49:48.119 --> 00:49:50.880
<v Speaker 1>the check on that? A dependence on the people is

973
00:49:50.920 --> 00:49:52.880
<v Speaker 1>the primary control on government?

974
00:49:53.440 --> 00:49:55.559
<v Speaker 4>All right, well, then let's do our last topic, I think,

975
00:49:55.599 --> 00:50:00.480
<v Speaker 4>because we're coming toward the end of our time. So you, uh,

976
00:50:00.679 --> 00:50:04.199
<v Speaker 4>you managed to slip in your favorite epithet about our

977
00:50:04.320 --> 00:50:05.480
<v Speaker 4>sainted Chief Justice.

978
00:50:05.519 --> 00:50:09.519
<v Speaker 2>That was sarcasm, just in case the dread counter for me,

979
00:50:10.159 --> 00:50:13.360
<v Speaker 2>I know, that's why. That's why I was making sure

980
00:50:13.400 --> 00:50:14.239
<v Speaker 2>we were all clear on this.

981
00:50:16.320 --> 00:50:19.800
<v Speaker 4>So right now you are not alone in being exercised,

982
00:50:19.840 --> 00:50:23.480
<v Speaker 4>I'll put it that way, with the way uh Justice

983
00:50:23.719 --> 00:50:26.239
<v Speaker 4>Barrett has come out on some of these recent cases.

984
00:50:26.880 --> 00:50:29.880
<v Speaker 1>So let me begin by saying that two of the

985
00:50:29.920 --> 00:50:36.519
<v Speaker 1>most extraordinary judges, federal judges in the United States, are women,

986
00:50:37.960 --> 00:50:42.400
<v Speaker 1>two women for whom I have the utmost respect for

987
00:50:42.599 --> 00:50:47.559
<v Speaker 1>their their legal acuity, for their soundness, I mean everything

988
00:50:47.599 --> 00:50:51.599
<v Speaker 1>about them. Jonas Rogers Brown and Edith Edith Jones. Now

989
00:50:51.679 --> 00:50:53.199
<v Speaker 1>both of them, by the way.

990
00:50:53.400 --> 00:50:55.400
<v Speaker 2>You've got you've got a total fangirl crush.

991
00:50:55.639 --> 00:51:00.400
<v Speaker 1>That's I love both of them. But they're solid, you know,

992
00:51:00.440 --> 00:51:04.119
<v Speaker 1>they're absolutely solid, I argued to these guys, and you know,

993
00:51:04.559 --> 00:51:07.599
<v Speaker 1>we have text messages. I'm in the gym, you know,

994
00:51:08.400 --> 00:51:11.719
<v Speaker 1>I'm writing text messages. It's ridiculous. But so you always

995
00:51:11.719 --> 00:51:13.199
<v Speaker 1>have to take that with a little great as salt.

996
00:51:14.000 --> 00:51:16.920
<v Speaker 1>But my point was that I don't think we should

997
00:51:16.920 --> 00:51:22.280
<v Speaker 1>allow women on the Supreme Court. Why because the women

998
00:51:22.320 --> 00:51:25.639
<v Speaker 1>that actually can get on the Supreme Court have been

999
00:51:25.719 --> 00:51:31.880
<v Speaker 1>profound disappointments, even those who were appointed by Republican presidents

1000
00:51:31.920 --> 00:51:34.400
<v Speaker 1>and were, you know, the great Savior. Sure, Amy Conie

1001
00:51:34.400 --> 00:51:36.440
<v Speaker 1>Barrett's been on the right side of a few things,

1002
00:51:37.280 --> 00:51:40.440
<v Speaker 1>even some really important few things, but she is really

1003
00:51:40.559 --> 00:51:46.440
<v Speaker 1>really unreliable. And that's that's tough. Now. I said that

1004
00:51:46.599 --> 00:51:49.840
<v Speaker 1>the explanation for why Edith Jones and Janice Rogers Brown

1005
00:51:49.840 --> 00:51:53.559
<v Speaker 1>are not on the Supreme Court is the Clarence Thomas explanation.

1006
00:51:54.360 --> 00:51:58.559
<v Speaker 1>They're going to be willing to tolerate a woman who's

1007
00:51:58.800 --> 00:52:06.199
<v Speaker 1>mushy and you know, okay, and as long as she's empathetic,

1008
00:52:06.360 --> 00:52:09.559
<v Speaker 1>you know, willing to bring an M thirteen gang as

1009
00:52:09.599 --> 00:52:12.639
<v Speaker 1>a gang member as a foster child into her home,

1010
00:52:12.719 --> 00:52:15.880
<v Speaker 1>like Amy Cony Barrett or cry over with her whole

1011
00:52:15.920 --> 00:52:20.639
<v Speaker 1>family over George Floyd. Oh I hate women like that.

1012
00:52:21.199 --> 00:52:27.039
<v Speaker 1>I hate them, and she's bragging about it. Okay, Okay,

1013
00:52:27.440 --> 00:52:30.760
<v Speaker 1>I just I'm almost in. My point is this that

1014
00:52:31.000 --> 00:52:35.760
<v Speaker 1>they don't want strong, solidly conservative women on the court

1015
00:52:36.079 --> 00:52:41.920
<v Speaker 1>because there is much of a threat to the whole feminist,

1016
00:52:42.039 --> 00:52:48.360
<v Speaker 1>transgender LGBTQ regime, as Clarence Thomas was to the Affirmative

1017
00:52:48.400 --> 00:52:52.679
<v Speaker 1>Action regime. And that's why. I mean, you could not

1018
00:52:52.840 --> 00:52:56.159
<v Speaker 1>have found a better person for the Supreme Court than

1019
00:52:56.320 --> 00:53:03.039
<v Speaker 1>either Janice Rogers Brown or Edith Jones. That is my right, yes,

1020
00:53:03.119 --> 00:53:05.840
<v Speaker 1>although as Clarence Thomas.

1021
00:53:05.599 --> 00:53:08.480
<v Speaker 4>I just want to add for the record, for listeners benefit,

1022
00:53:08.559 --> 00:53:11.199
<v Speaker 4>some of whom will know the person you should add

1023
00:53:11.559 --> 00:53:15.679
<v Speaker 4>Alice Batchelter Batch Shelter to your list of women who

1024
00:53:15.760 --> 00:53:17.199
<v Speaker 4>meet the Lucretia litmus test.

1025
00:53:17.679 --> 00:53:19.800
<v Speaker 1>I believe you, but I don't know her well.

1026
00:53:19.880 --> 00:53:22.239
<v Speaker 2>She was at she was at the Philadelphia Society meeting

1027
00:53:22.280 --> 00:53:22.920
<v Speaker 2>a couple of weeks ago.

1028
00:53:22.960 --> 00:53:25.320
<v Speaker 1>I should have had you, I was, but I guess

1029
00:53:25.360 --> 00:53:27.239
<v Speaker 1>I don't know anything about her. I know a great

1030
00:53:27.280 --> 00:53:29.719
<v Speaker 1>deal about Janice, I know a great deal about Edith.

1031
00:53:29.760 --> 00:53:31.679
<v Speaker 1>I don't know anything about it. I trust you on that.

1032
00:53:31.760 --> 00:53:34.440
<v Speaker 2>But she's fabulous. So that's all I need to know.

1033
00:53:35.039 --> 00:53:39.840
<v Speaker 1>You know, the whole thing about Amy Cony Barrett's uh

1034
00:53:40.079 --> 00:53:43.880
<v Speaker 1>nomination process in the confirmation process, to excuse me, was

1035
00:53:44.239 --> 00:53:49.960
<v Speaker 1>you know what focused on her catholic supposed this and that,

1036
00:53:50.159 --> 00:53:53.159
<v Speaker 1>and none of it really got down. You know, do

1037
00:53:53.559 --> 00:53:57.400
<v Speaker 1>you did? What was it? The idiot Diane Feinstein said,

1038
00:53:57.440 --> 00:54:01.119
<v Speaker 1>you're I forget it was a really instant thing about

1039
00:54:01.119 --> 00:54:02.119
<v Speaker 1>her Catholicism.

1040
00:54:02.440 --> 00:54:05.159
<v Speaker 4>Yeah, in court that actually that guaranteed your confirmation though,

1041
00:54:05.199 --> 00:54:07.679
<v Speaker 4>by the way, that was a huge blunder on Feinstein's part.

1042
00:54:07.719 --> 00:54:08.760
<v Speaker 2>It backfired badly.

1043
00:54:09.760 --> 00:54:13.800
<v Speaker 1>But the fact that those things are even relevant and

1044
00:54:14.000 --> 00:54:17.000
<v Speaker 1>allowed to be relevant just shows it's not serious.

1045
00:54:17.119 --> 00:54:17.320
<v Speaker 2>You know.

1046
00:54:17.880 --> 00:54:19.480
<v Speaker 5>Yeah, well, you know, if.

1047
00:54:19.199 --> 00:54:27.079
<v Speaker 1>She had some really strident pro constitution fully understanding every

1048
00:54:27.119 --> 00:54:29.760
<v Speaker 1>aspect of the constitution opinions, DAYDA never let her on

1049
00:54:29.800 --> 00:54:35.199
<v Speaker 1>the court. That's my point. You have opinion she ever gave,

1050
00:54:35.280 --> 00:54:36.639
<v Speaker 1>but they didn't bring any up.

1051
00:54:37.719 --> 00:54:40.199
<v Speaker 6>I think you're being totally unfair to Justice Barrett.

1052
00:54:40.199 --> 00:54:40.840
<v Speaker 5>I really do.

1053
00:54:41.360 --> 00:54:44.079
<v Speaker 6>I mean, I think that she is voted the right

1054
00:54:44.119 --> 00:54:48.079
<v Speaker 6>way on any major issue that we care about, right,

1055
00:54:48.280 --> 00:54:52.159
<v Speaker 6>she hasn't She had a Roe versus Wade.

1056
00:54:52.400 --> 00:54:53.880
<v Speaker 1>Texas versus Pennsylvania.

1057
00:54:53.960 --> 00:54:56.400
<v Speaker 6>If she great, So you're not going to get someone

1058
00:54:56.440 --> 00:54:58.800
<v Speaker 6>who votes exactly the In fact, I don't think the

1059
00:54:58.800 --> 00:54:59.920
<v Speaker 6>court was ever going to get.

1060
00:54:59.840 --> 00:55:01.559
<v Speaker 5>A oft in Texas Pennsylvania.

1061
00:55:01.719 --> 00:55:03.880
<v Speaker 6>But look, you're not going to get a justice who

1062
00:55:04.519 --> 00:55:09.159
<v Speaker 6>votes exactly the way you want every single time, right right.

1063
00:55:10.719 --> 00:55:11.440
<v Speaker 1>Thomas doesn't.

1064
00:55:11.760 --> 00:55:14.519
<v Speaker 5>Look, Look, I don't agree with everything.

1065
00:55:14.639 --> 00:55:17.239
<v Speaker 6>Justice Thomas vote the way he votes in every single case.

1066
00:55:19.079 --> 00:55:22.239
<v Speaker 6>Rovers's way would still be the law if she were

1067
00:55:22.280 --> 00:55:23.400
<v Speaker 6>not on the court.

1068
00:55:24.400 --> 00:55:26.679
<v Speaker 1>The look of the sixty three, it wasn't five to.

1069
00:55:26.679 --> 00:55:34.440
<v Speaker 2>Four, Well it's five to four. Actually, well just because Roberts, well,

1070
00:55:34.519 --> 00:55:40.679
<v Speaker 2>Roberts Roberts, it was. But he had a stupid no. Yes, well,

1071
00:55:42.280 --> 00:55:43.239
<v Speaker 2>his opinion did.

1072
00:55:43.079 --> 00:55:45.800
<v Speaker 5>Not want to overturn Row. Right in that case.

1073
00:55:45.800 --> 00:55:48.159
<v Speaker 6>He said, we can decide this case a certain way

1074
00:55:48.719 --> 00:55:53.159
<v Speaker 6>and keep Roe as precedent. But he thought he dissented

1075
00:55:53.239 --> 00:55:54.199
<v Speaker 6>from overturning Row.

1076
00:55:54.559 --> 00:55:56.960
<v Speaker 4>But he did say that the law could stand though

1077
00:55:57.000 --> 00:55:58.880
<v Speaker 4>he in other words, he blessed the law. So they

1078
00:55:59.239 --> 00:56:01.800
<v Speaker 4>they you know, the play, They won the case, and

1079
00:56:01.840 --> 00:56:03.400
<v Speaker 4>his reasoning just made a mess of it.

1080
00:56:03.480 --> 00:56:06.639
<v Speaker 2>I thought, I mean that that, I think, but still would.

1081
00:56:06.480 --> 00:56:09.000
<v Speaker 5>Have gone the other way. Harvard case would have gone

1082
00:56:09.079 --> 00:56:11.280
<v Speaker 5>the other way. And she has voted the right way

1083
00:56:11.280 --> 00:56:12.719
<v Speaker 5>on every major issue.

1084
00:56:12.760 --> 00:56:15.800
<v Speaker 1>That every major issue, not everyone.

1085
00:56:15.920 --> 00:56:19.239
<v Speaker 6>Well, you're talking about these cases against Trump where she

1086
00:56:19.320 --> 00:56:23.400
<v Speaker 6>hasn't voted exactly on all these emergency appeals. These are

1087
00:56:23.480 --> 00:56:32.440
<v Speaker 6>such small, unimportant cases compared to abortion, guns, an affirmative actionsvatives.

1088
00:56:30.840 --> 00:56:35.480
<v Speaker 1>An indictment of her than than ever because you're just

1089
00:56:36.159 --> 00:56:39.000
<v Speaker 1>an ideologue on the court. I want a constitution.

1090
00:56:39.159 --> 00:56:41.079
<v Speaker 6>You want someone who's going to vote the right way

1091
00:56:41.159 --> 00:56:43.280
<v Speaker 6>that Trump wins every case every time.

1092
00:56:43.400 --> 00:56:45.559
<v Speaker 1>No, No, not at all, not at all.

1093
00:56:46.280 --> 00:56:50.400
<v Speaker 5>I want these cases. I don't want to have lost.

1094
00:56:50.880 --> 00:56:54.280
<v Speaker 1>I want someone who cares about the Constitution.

1095
00:56:54.119 --> 00:56:58.199
<v Speaker 6>More than I and any What What is Trump done

1096
00:56:58.239 --> 00:57:01.440
<v Speaker 6>that you disagree with on any of these constitutional legal issues?

1097
00:57:01.599 --> 00:57:02.840
<v Speaker 2>What Trump? You said? John?

1098
00:57:03.039 --> 00:57:05.119
<v Speaker 5>You mean bar Trump? Trump is no Trump.

1099
00:57:05.719 --> 00:57:09.679
<v Speaker 6>Because you're criticizing her for voting against Trump, I'm not.

1100
00:57:10.079 --> 00:57:11.599
<v Speaker 1>I'm critical. And give you an example.

1101
00:57:12.960 --> 00:57:16.000
<v Speaker 6>Give me example of the case where you agree with

1102
00:57:16.840 --> 00:57:18.400
<v Speaker 6>her or you disagree with Trump?

1103
00:57:18.800 --> 00:57:19.639
<v Speaker 5>Where where do where?

1104
00:57:19.760 --> 00:57:22.000
<v Speaker 6>Give me a single example of anything Trump is done

1105
00:57:22.519 --> 00:57:26.199
<v Speaker 6>in the legal constitution area. But they're not all legal

1106
00:57:26.280 --> 00:57:29.760
<v Speaker 6>or constitutional. That legal or constitutional that you disagree with.

1107
00:57:31.480 --> 00:57:34.119
<v Speaker 1>Well, no, there's policy issues. I don't know of any

1108
00:57:34.199 --> 00:57:36.039
<v Speaker 1>legal or constitutional things I disagree with.

1109
00:57:36.079 --> 00:57:39.039
<v Speaker 6>He's been right on the constitutional law every single one

1110
00:57:39.039 --> 00:57:43.199
<v Speaker 6>of these issues. I mean, that's that's that's that's being

1111
00:57:43.239 --> 00:57:46.119
<v Speaker 6>an ideologue.

1112
00:57:46.360 --> 00:57:49.800
<v Speaker 2>Can I we we were up against our hour?

1113
00:57:50.000 --> 00:57:52.719
<v Speaker 4>Can I suggest this as the question to be thought

1114
00:57:52.719 --> 00:57:53.639
<v Speaker 4>about because we're not going to.

1115
00:57:53.559 --> 00:57:54.280
<v Speaker 2>Sort it out here.

1116
00:57:54.639 --> 00:57:58.280
<v Speaker 4>I think Lucretia's point that bears weight is that even

1117
00:57:58.360 --> 00:58:02.920
<v Speaker 4>when Bart votes right, she'll often do a concurrence that

1118
00:58:03.639 --> 00:58:04.079
<v Speaker 4>I think.

1119
00:58:03.960 --> 00:58:07.000
<v Speaker 2>Can be construed mischievously. And those are important.

1120
00:58:07.000 --> 00:58:08.519
<v Speaker 4>I mean, it's important that the vote comes out the

1121
00:58:08.559 --> 00:58:13.079
<v Speaker 4>right way, of course, but sometimes I mean, of course,

1122
00:58:13.119 --> 00:58:16.199
<v Speaker 4>your concurrences of the sense are often important for future cases.

1123
00:58:17.079 --> 00:58:19.559
<v Speaker 2>Uh. And I'll just say that there. I think she

1124
00:58:19.719 --> 00:58:23.000
<v Speaker 2>bears a close scrutiny and good analysis by somebody to say,

1125
00:58:23.039 --> 00:58:25.719
<v Speaker 2>what's her what's her real core, what's her line of

1126
00:58:25.760 --> 00:58:26.480
<v Speaker 2>reasoning here?

1127
00:58:26.599 --> 00:58:29.519
<v Speaker 4>Where does it point? What are the vulnerabilities and strengths

1128
00:58:29.559 --> 00:58:32.239
<v Speaker 4>from our point of view? And that I you know,

1129
00:58:32.360 --> 00:58:34.039
<v Speaker 4>I have to say that I scratched my head once

1130
00:58:34.039 --> 00:58:36.639
<v Speaker 4>in a while saying why I don't remember specific examples

1131
00:58:36.679 --> 00:58:39.039
<v Speaker 4>right now I'm sorry, but I say, that's interesting.

1132
00:58:39.079 --> 00:58:42.920
<v Speaker 2>Why would she do that? That's okay, Uh, to be.

1133
00:58:42.960 --> 00:58:46.000
<v Speaker 4>Continued, is what I want to say, because I think

1134
00:58:46.519 --> 00:58:49.239
<v Speaker 4>we should actually prepare for that discussion sometime and not

1135
00:58:49.280 --> 00:58:52.480
<v Speaker 4>tru We skipped our foreign policy argument John that we've

1136
00:58:52.519 --> 00:58:53.119
<v Speaker 4>been having.

1137
00:58:52.920 --> 00:59:00.039
<v Speaker 6>On Live, I know, twice for two episodes. Yeah, I know, Okay, No,

1138
00:59:00.599 --> 00:59:01.920
<v Speaker 6>we were the host today.

1139
00:59:02.280 --> 00:59:02.599
<v Speaker 2>I know.

1140
00:59:02.719 --> 00:59:06.400
<v Speaker 4>I just said I'm tired from five weeks on the road. Lucretian,

1141
00:59:06.440 --> 00:59:08.039
<v Speaker 4>you have some babylon Bees for us.

1142
00:59:08.480 --> 00:59:08.880
<v Speaker 2>I do.

1143
00:59:09.880 --> 00:59:14.199
<v Speaker 1>Democrats worried Trump may not have China's best interest at heart.

1144
00:59:15.880 --> 00:59:20.119
<v Speaker 1>That was good, this one we didn't talk about. But Trump,

1145
00:59:20.880 --> 00:59:23.039
<v Speaker 1>here's something I do agree with. Trump says, you know what,

1146
00:59:23.039 --> 00:59:26.480
<v Speaker 1>the federal government shouldn't be telling you how much water

1147
00:59:26.559 --> 00:59:28.599
<v Speaker 1>can come out of your shower. You pay for your water.

1148
00:59:29.760 --> 00:59:32.639
<v Speaker 1>That's up to you. Actually, I've had several friends from

1149
00:59:32.679 --> 00:59:38.599
<v Speaker 1>California have their high flow shower head send to my house,

1150
00:59:38.719 --> 00:59:42.760
<v Speaker 1>and then I send it to them because the California

1151
00:59:42.800 --> 00:59:46.599
<v Speaker 1>laws are even worse anyway. Protesters and it's of course

1152
00:59:46.639 --> 00:59:49.360
<v Speaker 1>all these scumbag leftists you know that look like they

1153
00:59:49.400 --> 00:59:54.960
<v Speaker 1>haven't showered in six weeks at least protesters remain unaffected

1154
00:59:55.039 --> 01:00:04.159
<v Speaker 1>by Trump's shower head deregulation. So this one you you

1155
01:00:04.239 --> 01:00:08.159
<v Speaker 1>had to be paying attention to the news this past week. Uh,

1156
01:00:08.280 --> 01:00:16.440
<v Speaker 1>the ex execrable Jasmine Crockett. People elected that thing to Congress?

1157
01:00:17.000 --> 01:00:21.199
<v Speaker 1>How is that possible? But anyway, so you in case

1158
01:00:21.239 --> 01:00:24.519
<v Speaker 1>you didn't hear remarks, basically it was we need illegal

1159
01:00:24.519 --> 01:00:27.320
<v Speaker 1>aliens because we ain't we done picking cotton.

1160
01:00:27.880 --> 01:00:33.519
<v Speaker 7>Yeah right, and so this is the Babylonbee Jasmine Crockett

1161
01:00:33.559 --> 01:00:38.800
<v Speaker 7>Floatstone Mighty, Mississippi to purchase fresh shipment of Mexican slaves.

1162
01:00:39.400 --> 01:00:45.239
<v Speaker 1>Okay, for you sports fans out there, I don't get

1163
01:00:45.239 --> 01:00:47.360
<v Speaker 1>this one because I don't pay any attention, but I'll

1164
01:00:47.360 --> 01:00:51.719
<v Speaker 1>read it for sports fans. White Sox introduced new premium

1165
01:00:51.760 --> 01:00:54.519
<v Speaker 1>indoor suites with no windows so you don't have to

1166
01:00:54.559 --> 01:00:56.079
<v Speaker 1>watch the White Sox play.

1167
01:00:58.480 --> 01:01:02.800
<v Speaker 2>Well yeah, yeah, oh right? Is it?

1168
01:01:02.840 --> 01:01:03.599
<v Speaker 1>Is it true?

1169
01:01:03.920 --> 01:01:05.760
<v Speaker 2>I think so? I'm not saying so bad. Yeah, I'm

1170
01:01:05.800 --> 01:01:07.440
<v Speaker 2>not paying attention to baseball at all yet.

1171
01:01:07.480 --> 01:01:09.760
<v Speaker 4>It's way too early, but yeah, I think the White

1172
01:01:09.800 --> 01:01:11.159
<v Speaker 4>Socks are, you know, pretty bad.

1173
01:01:11.559 --> 01:01:14.679
<v Speaker 1>Okay, just a couple of really quick ones. Texas fans

1174
01:01:14.719 --> 01:01:18.639
<v Speaker 1>sale of assault rifles with capacity of less than thirty pounds.

1175
01:01:22.559 --> 01:01:27.719
<v Speaker 1>China trade war update, Trump classifies Panda Express as domestic

1176
01:01:27.800 --> 01:01:32.719
<v Speaker 1>terror organization. I promise you there is nothing about China

1177
01:01:32.840 --> 01:01:37.119
<v Speaker 1>that is in that our Chinese food that's at Panda Express. So, yeah,

1178
01:01:37.159 --> 01:01:40.559
<v Speaker 1>it doesn't really work. But Republicans vow to get really

1179
01:01:40.719 --> 01:01:43.840
<v Speaker 1>serious about cutting spending in like thirty or forty years.

1180
01:01:44.199 --> 01:01:49.719
<v Speaker 4>Yeah, that's unfortunately sadly true. Right right, all right, John,

1181
01:01:51.320 --> 01:01:52.280
<v Speaker 4>you're working on a new one.

1182
01:01:52.480 --> 01:01:55.239
<v Speaker 6>Always drink your whiskey, meat and Steve.

1183
01:01:56.320 --> 01:01:58.400
<v Speaker 2>So, I'm trying to change up our ending.

1184
01:01:58.480 --> 01:02:02.000
<v Speaker 4>And so today in honor of our great warriors a doge,

1185
01:02:02.199 --> 01:02:05.880
<v Speaker 4>I am giving you a musical exit starting right now.

1186
01:02:12.559 --> 01:02:16.480
<v Speaker 3>Well, we got a lot, a lot of hard work today.

1187
01:02:16.800 --> 01:02:17.880
<v Speaker 2>We gotta rock.

1188
01:02:17.920 --> 01:02:23.000
<v Speaker 3>At the Government center to make the secretaries feel better

1189
01:02:23.800 --> 01:02:26.440
<v Speaker 3>when they put the stamps on the letter.

1190
01:02:27.280 --> 01:02:28.840
<v Speaker 2>They got a lot, a.

1191
01:02:28.800 --> 01:02:32.760
<v Speaker 3>Lot of great desks and chairs now at the Government

1192
01:02:32.920 --> 01:02:37.800
<v Speaker 3>Center where they put the stamps on the letter, and

1193
01:02:37.920 --> 01:02:40.239
<v Speaker 3>then they write it down in the letter.

1194
01:02:40.519 --> 01:02:40.639
<v Speaker 4>Two.

1195
01:02:41.119 --> 01:02:43.760
<v Speaker 2>We gotta rock the log a rock and don't stop

1196
01:02:43.920 --> 01:02:49.119
<v Speaker 2>to night about at the Government center where they put

1197
01:02:49.159 --> 01:02:54.159
<v Speaker 2>the stamps on the letter, write it down in the ledger.

1198
01:02:59.360 --> 01:03:04.079
<v Speaker 3>We won't up until we see Secretary smile and see

1199
01:03:04.119 --> 01:03:05.159
<v Speaker 3>some office.

1200
01:03:04.800 --> 01:03:06.239
<v Speaker 2>Boys jump up for joice.

1201
01:03:06.480 --> 01:03:10.840
<v Speaker 3>We'll tell oh, mister a Hearn, calm down, wild sir,

1202
01:03:11.039 --> 01:03:14.119
<v Speaker 3>that's the only way the center is ever gone and

1203
01:03:14.239 --> 01:03:19.159
<v Speaker 3>get better. So we gotta rock a rock, a rock

1204
01:03:19.199 --> 01:03:25.400
<v Speaker 3>an not stop tonight at the Government's center. They put

1205
01:03:25.400 --> 01:03:30.360
<v Speaker 3>the stamps on the letter, write it down in the ledger.

1206
01:03:30.920 --> 01:03:33.960
<v Speaker 3>Oh tonight, we'll make them feel all right.

1207
01:03:34.559 --> 01:03:39.119
<v Speaker 2>Oh to night. What you say, man, Oh yes, tonight,

1208
01:03:39.840 --> 01:03:43.039
<v Speaker 2>we'll go there tonight. We'll take the an thing we got.

1209
01:03:43.079 --> 01:03:47.400
<v Speaker 2>We'll take the air ricochet. Join the conversation.
