WEBVTT

1
00:00:02.799 --> 00:00:07.400
<v Speaker 1>Well whiskey, come and take my pain the moneys.

2
00:00:06.879 --> 00:00:11.919
<v Speaker 2>All ray whiskey. Why think alone when you can drink

3
00:00:11.960 --> 00:00:15.519
<v Speaker 2>it all in with Ricochet's Three Whiskey Happy Hour, Join

4
00:00:15.560 --> 00:00:19.960
<v Speaker 2>your bartenders, Steve Hayward, John You, and the international Woman

5
00:00:20.000 --> 00:00:26.280
<v Speaker 2>of Mystery, Lucretia.

6
00:00:25.480 --> 00:00:28.320
<v Speaker 3>Where they lapps it up it David, ain't you easy

7
00:00:28.440 --> 00:00:31.160
<v Speaker 3>on the shoulder, so tap you gotta give me?

8
00:00:32.399 --> 00:00:35.640
<v Speaker 1>Well? Welcome everyone to a very very special edition of

9
00:00:35.640 --> 00:00:38.359
<v Speaker 1>the Three Whiskey Happy Hour in our I believe this

10
00:00:38.439 --> 00:00:42.439
<v Speaker 1>is our third reiteration of the new and improved three

11
00:00:42.439 --> 00:00:46.520
<v Speaker 1>Whiskey Happy Hour, the New Coke, and we are very

12
00:00:46.560 --> 00:00:48.920
<v Speaker 1>excited to be here because all of us are just

13
00:00:49.159 --> 00:00:52.119
<v Speaker 1>thrilled to death about all the winning, winning, winning, And

14
00:00:52.200 --> 00:00:55.679
<v Speaker 1>I'm not yet sick of winning, but I'm hardly keeping

15
00:00:55.759 --> 00:00:58.479
<v Speaker 1>up with all the winning every time I turn around.

16
00:00:58.479 --> 00:01:00.679
<v Speaker 1>I just got an email from so When saying, did

17
00:01:00.719 --> 00:01:05.959
<v Speaker 1>I see that Trump is has tasked a US transportation

18
00:01:06.079 --> 00:01:11.599
<v Speaker 1>command with providing C one thirties and SEE one thirty

19
00:01:11.599 --> 00:01:19.200
<v Speaker 1>seven's to be used to deport violent illegal criminals because

20
00:01:19.200 --> 00:01:20.920
<v Speaker 1>he could do that, right, John, I'm going to ask

21
00:01:20.959 --> 00:01:25.599
<v Speaker 1>you this because he declared the border situation and emergency,

22
00:01:26.159 --> 00:01:29.079
<v Speaker 1>and therefore he can he can use his powers as

23
00:01:29.120 --> 00:01:32.879
<v Speaker 1>commander in chief to direct the military to do things

24
00:01:32.920 --> 00:01:33.920
<v Speaker 1>for him. Is that correct?

25
00:01:34.719 --> 00:01:37.920
<v Speaker 3>So I actually was worried about this because you know,

26
00:01:38.040 --> 00:01:41.120
<v Speaker 3>under the posse comittatis, actor not allowed to use the

27
00:01:41.560 --> 00:01:43.719
<v Speaker 3>military to enforce a law. So I think, like the

28
00:01:43.719 --> 00:01:47.319
<v Speaker 3>military can go to the border and stop anyone from

29
00:01:47.319 --> 00:01:51.159
<v Speaker 3>crossing it, I don't know whether they can enforce immigration law.

30
00:01:51.200 --> 00:01:53.159
<v Speaker 3>So it's actually a really tough question. So what the

31
00:01:53.200 --> 00:01:58.519
<v Speaker 3>Trump people did, and this is where it's it's unbroken ground.

32
00:01:58.560 --> 00:02:01.879
<v Speaker 3>I mean, this has never really come up before. Is Yeah,

33
00:02:01.920 --> 00:02:05.439
<v Speaker 3>he declared not just an emergency at the southern border,

34
00:02:05.480 --> 00:02:08.439
<v Speaker 3>remember he did that last time. What he actually declared

35
00:02:08.520 --> 00:02:11.759
<v Speaker 3>was an evasion was occurring across the southern border and

36
00:02:11.840 --> 00:02:15.000
<v Speaker 3>triggered under his commander in chief power the use of

37
00:02:15.039 --> 00:02:19.000
<v Speaker 3>the military. So actually, if you read the order care

38
00:02:19.479 --> 00:02:21.680
<v Speaker 3>you know, the journalists, I don't think they've caught on

39
00:02:21.759 --> 00:02:26.400
<v Speaker 3>to what's how serious this is. Is Trump has he

40
00:02:26.439 --> 00:02:29.319
<v Speaker 3>has not declared war, but he has triggered self defense

41
00:02:30.199 --> 00:02:34.159
<v Speaker 3>on the southern border, and he's actually said that the

42
00:02:34.199 --> 00:02:38.680
<v Speaker 3>immigration waves are laws are kind of suspended across the

43
00:02:38.719 --> 00:02:41.319
<v Speaker 3>southern border, and so if they're suspended, that's why the

44
00:02:41.319 --> 00:02:45.680
<v Speaker 3>military can then, right, they're acting as the military take

45
00:02:45.759 --> 00:02:48.479
<v Speaker 3>people and fly them back to where they came from.

46
00:02:48.919 --> 00:02:52.879
<v Speaker 3>Before you have such a declaration, you can't actually do

47
00:02:52.960 --> 00:02:55.280
<v Speaker 3>that under the Posse Comittatis Act. So this is a

48
00:02:55.319 --> 00:02:57.759
<v Speaker 3>really big deal, right, because this is I think the

49
00:02:57.759 --> 00:03:01.960
<v Speaker 3>first time this has happened. And I don't think anyone

50
00:03:02.080 --> 00:03:06.680
<v Speaker 3>any I haven't heard anybody watching this, uh understand the

51
00:03:06.719 --> 00:03:07.639
<v Speaker 3>significance of it.

52
00:03:08.360 --> 00:03:11.639
<v Speaker 2>Well but John, but John, Uh, I mean, first of all,

53
00:03:11.719 --> 00:03:14.159
<v Speaker 2>what it means is Trump or someone around him is

54
00:03:14.199 --> 00:03:16.560
<v Speaker 2>clearly Listen to those episodes of the Three Whiskey Happy

55
00:03:16.560 --> 00:03:19.520
<v Speaker 2>Hour where we were testing in you right, I thought

56
00:03:19.560 --> 00:03:21.199
<v Speaker 2>you were. I got to beat you to it, right,

57
00:03:21.319 --> 00:03:23.280
<v Speaker 2>so you got skunked on this point.

58
00:03:23.360 --> 00:03:25.879
<v Speaker 3>But I lost. I mean, I'm happy. I don't I

59
00:03:25.919 --> 00:03:28.199
<v Speaker 3>don't think there's an invasion going across the southern border.

60
00:03:28.240 --> 00:03:30.360
<v Speaker 3>But the past I know has declared it. You shouldn't

61
00:03:30.400 --> 00:03:31.159
<v Speaker 3>double down right now.

62
00:03:31.199 --> 00:03:32.800
<v Speaker 2>But bo wait, but John, come up.

63
00:03:32.840 --> 00:03:35.159
<v Speaker 3>It'll eventually be tested in court. I'm not sure that's

64
00:03:35.159 --> 00:03:37.639
<v Speaker 3>but but this is really uh, you know, this is

65
00:03:38.039 --> 00:03:39.680
<v Speaker 3>of all the things I read in the orders, I

66
00:03:39.680 --> 00:03:44.599
<v Speaker 3>think I read all of them. This is the most daring, bold,

67
00:03:44.919 --> 00:03:45.800
<v Speaker 3>significant one.

68
00:03:46.560 --> 00:03:48.840
<v Speaker 1>Okay, So the interesting thing what you said is you

69
00:03:48.840 --> 00:03:52.599
<v Speaker 1>don't think people are paying attention. What they're doing is

70
00:03:53.520 --> 00:03:57.719
<v Speaker 1>silly things like putting pictures out of of poor women

71
00:03:57.919 --> 00:04:02.280
<v Speaker 1>crying because they you know, shut down the CPB app

72
00:04:02.360 --> 00:04:05.520
<v Speaker 1>and now they shut it down and all the appointments

73
00:04:05.560 --> 00:04:09.879
<v Speaker 1>are canceled, and they tried to flood the zone with

74
00:04:10.039 --> 00:04:13.960
<v Speaker 1>pictures of these poor people, except people kept pointing out

75
00:04:14.159 --> 00:04:17.120
<v Speaker 1>it's Martin Luther King day. They didn't have appointments today anyway,

76
00:04:17.199 --> 00:04:19.079
<v Speaker 1>what are you talking about, you know, and things like that.

77
00:04:19.199 --> 00:04:24.319
<v Speaker 1>So my point there is that all of their attempts

78
00:04:24.519 --> 00:04:28.720
<v Speaker 1>to make all of us mega people feel guilty about

79
00:04:29.279 --> 00:04:32.000
<v Speaker 1>deporting illegal immigrants and all the other things that Trump

80
00:04:32.040 --> 00:04:34.600
<v Speaker 1>is actually getting away with doing right now, it's not

81
00:04:34.759 --> 00:04:38.720
<v Speaker 1>working because you just pointed out they're really not focusing

82
00:04:38.759 --> 00:04:42.040
<v Speaker 1>on what's important. They're just going with the old playbook.

83
00:04:42.399 --> 00:04:44.639
<v Speaker 2>Well, I think, well two thoughts quickly. One, John, I

84
00:04:44.680 --> 00:04:46.240
<v Speaker 2>think you ought to be delighted with this, whether you

85
00:04:46.279 --> 00:04:48.879
<v Speaker 2>agree about the conditions on the board or not. It's,

86
00:04:49.199 --> 00:04:52.399
<v Speaker 2>you know, the exertion of executive power that you generally

87
00:04:52.600 --> 00:04:55.240
<v Speaker 2>and specifically defend over and over again. Right, okay, But

88
00:04:55.279 --> 00:04:57.199
<v Speaker 2>the second point is to what you both have just said,

89
00:04:57.360 --> 00:04:59.240
<v Speaker 2>is I think what's going on here is Trump is

90
00:04:59.279 --> 00:05:02.759
<v Speaker 2>flooding the zone. Maybe you just said that, Lucretia, and

91
00:05:02.839 --> 00:05:04.720
<v Speaker 2>by the way, people have been observing and saying this

92
00:05:04.800 --> 00:05:07.519
<v Speaker 2>is what's going on. But the left and the Democrats,

93
00:05:07.560 --> 00:05:10.800
<v Speaker 2>but I repeat myself, are simply too undisciplined to figure

94
00:05:10.800 --> 00:05:13.000
<v Speaker 2>out a strategy to cope with it, how to put

95
00:05:13.040 --> 00:05:15.480
<v Speaker 2>a how to do a hierarchy of priorities. That's because

96
00:05:15.519 --> 00:05:18.199
<v Speaker 2>the progressive is everything's a priority. So you know, if

97
00:05:18.199 --> 00:05:21.120
<v Speaker 2>Trump just did two of these' that's what the press

98
00:05:21.120 --> 00:05:23.920
<v Speaker 2>would be all over instead. I mean, I don't know

99
00:05:23.959 --> 00:05:26.319
<v Speaker 2>if I doubt Elon must thought of this ahead of time,

100
00:05:26.879 --> 00:05:28.920
<v Speaker 2>but if he had, what a genius move for him

101
00:05:28.920 --> 00:05:31.000
<v Speaker 2>to give a what what the left run off and

102
00:05:31.040 --> 00:05:36.120
<v Speaker 2>say is a Nazi salute, and that's what the media

103
00:05:36.160 --> 00:05:38.639
<v Speaker 2>is focusing on on and maybe and meanwhile, Trump he

104
00:05:38.800 --> 00:05:39.959
<v Speaker 2>used all these executive orders.

105
00:05:40.079 --> 00:05:43.399
<v Speaker 3>This shows how clever you and Lucretia really are, because

106
00:05:43.480 --> 00:05:46.839
<v Speaker 3>of course, you like guard debate on immigration had us

107
00:05:46.920 --> 00:05:50.680
<v Speaker 3>focus a lot of time on birthright citizenship, which doesn't

108
00:05:50.720 --> 00:05:53.319
<v Speaker 3>matter that much in terms of the numbers. But the

109
00:05:53.439 --> 00:05:57.319
<v Speaker 3>left is completely focused on birthright citizenship. They're talking about

110
00:05:57.319 --> 00:05:59.519
<v Speaker 3>they've already filed a lawsuit against it. There's going to

111
00:05:59.519 --> 00:06:01.879
<v Speaker 3>for me too. Yeah, there's going to be hearing, I

112
00:06:01.879 --> 00:06:04.879
<v Speaker 3>think this week in Washington States. It's been scheduled for.

113
00:06:05.519 --> 00:06:09.879
<v Speaker 3>But that's not the most important issue. It's this triggering

114
00:06:09.920 --> 00:06:12.800
<v Speaker 3>of the evasion clause and the deployment of the military

115
00:06:12.839 --> 00:06:16.959
<v Speaker 3>to the border that's as remarkably, way more orders of

116
00:06:17.000 --> 00:06:20.800
<v Speaker 3>importance than birthright citizenship. You're right, because the progressors are

117
00:06:20.839 --> 00:06:23.480
<v Speaker 3>not prioritizing things properly.

118
00:06:23.720 --> 00:06:26.759
<v Speaker 2>Well, it's because they can't. But yeah, I mean I think, yeah.

119
00:06:26.439 --> 00:06:30.720
<v Speaker 1>I mean, they really are just becoming obsessed by the

120
00:06:30.800 --> 00:06:35.560
<v Speaker 1>dumbest things. I mean that stupid bishop thing. Oh I can't. Yeah,

121
00:06:35.560 --> 00:06:37.160
<v Speaker 1>I don't think it's fair to call her a woman

122
00:06:37.319 --> 00:06:46.399
<v Speaker 1>because anyway, miss at the National oh the Bishop, Well,

123
00:06:46.480 --> 00:06:48.480
<v Speaker 1>I mean, so she was out there, she was on

124
00:06:48.519 --> 00:06:51.279
<v Speaker 1>the view, she was on the CNN, she was even

125
00:06:51.839 --> 00:06:56.240
<v Speaker 1>talking about as if anybody Trump insaulted her and moved on.

126
00:06:56.720 --> 00:07:00.759
<v Speaker 1>But they're going to obsess about this stupid, dumb lesbian

127
00:07:01.000 --> 00:07:02.600
<v Speaker 1>bishop for you know.

128
00:07:03.920 --> 00:07:07.199
<v Speaker 2>Two quick observations about that, or maybe three one is

129
00:07:08.279 --> 00:07:10.360
<v Speaker 2>I think that she's probably racked with liberal guilt and

130
00:07:10.399 --> 00:07:12.360
<v Speaker 2>trying to make up for all those decades when people

131
00:07:12.360 --> 00:07:14.959
<v Speaker 2>said the Episcopal Church was the Republican party at prayer.

132
00:07:15.079 --> 00:07:17.120
<v Speaker 2>That used to be the cliche, right, that's long since

133
00:07:17.160 --> 00:07:23.480
<v Speaker 2>God second God, well second, literally, I thought she made

134
00:07:23.519 --> 00:07:26.839
<v Speaker 2>a huge blunder by saying, how did she put it?

135
00:07:26.879 --> 00:07:31.360
<v Speaker 2>But she betrayed no, no, no, no. She betrayed the

136
00:07:32.319 --> 00:07:35.279
<v Speaker 2>sort of paternalism and condescension of the cultural left by saying,

137
00:07:35.319 --> 00:07:37.160
<v Speaker 2>you know, these are the people who clean our houses

138
00:07:37.639 --> 00:07:40.800
<v Speaker 2>and stalk our shelves and prepare our food. She's saying,

139
00:07:41.319 --> 00:07:45.000
<v Speaker 2>you're threatening our cheap servant class. I mean, I mean,

140
00:07:45.000 --> 00:07:47.000
<v Speaker 2>if you think about that for a minute, what a

141
00:07:47.040 --> 00:07:51.560
<v Speaker 2>way to describe this set of human beings. As you know,

142
00:07:51.199 --> 00:07:54.199
<v Speaker 2>the left always says, what you're marginalizing people. What did

143
00:07:54.240 --> 00:07:57.639
<v Speaker 2>she do with those particular characterizations of the people she

144
00:07:57.759 --> 00:07:59.959
<v Speaker 2>thinks for being affected by all this? But just said

145
00:08:00.120 --> 00:08:02.600
<v Speaker 2>last thing, you know, the numbers John, this is a

146
00:08:02.639 --> 00:08:05.759
<v Speaker 2>general point, and then I'll stop the numbers here. In

147
00:08:05.800 --> 00:08:09.360
<v Speaker 2>the first few days are what during Biden's administration, You're

148
00:08:09.399 --> 00:08:12.040
<v Speaker 2>getting ten to twenty thousand people a day apprehended at

149
00:08:12.040 --> 00:08:14.600
<v Speaker 2>the border who've never let go in most cases. I

150
00:08:14.639 --> 00:08:17.839
<v Speaker 2>think it's been under a thousand the first forty eight

151
00:08:17.839 --> 00:08:20.199
<v Speaker 2>hours of Trump, which shows, you know what, you can

152
00:08:20.319 --> 00:08:23.439
<v Speaker 2>control the border, and you know, it turns out well.

153
00:08:23.480 --> 00:08:26.399
<v Speaker 2>But in the view for the under Biden and you know,

154
00:08:26.439 --> 00:08:29.000
<v Speaker 2>the conventional wisdom is, well, you know, what can you

155
00:08:29.040 --> 00:08:30.680
<v Speaker 2>do to stop then we can't. You know, it's really

156
00:08:30.720 --> 00:08:33.879
<v Speaker 2>not something we can do. It's a microcope. Actually it's

157
00:08:33.919 --> 00:08:37.759
<v Speaker 2>a macrocosm of the super macrocosm, which is the incompetence

158
00:08:37.759 --> 00:08:39.679
<v Speaker 2>of modern government. It's a big theme for me right

159
00:08:39.720 --> 00:08:43.240
<v Speaker 2>now for the government's increasingly incompetent and about doing what

160
00:08:43.279 --> 00:08:47.200
<v Speaker 2>they should basically do. Control crime, you know, fill the potholes,

161
00:08:48.600 --> 00:08:50.320
<v Speaker 2>things of that kind. They're no good at that. But

162
00:08:50.360 --> 00:08:54.399
<v Speaker 2>they're going to control the globes temperature and you know, okay,

163
00:08:54.440 --> 00:08:55.279
<v Speaker 2>also stop there.

164
00:08:55.440 --> 00:08:58.559
<v Speaker 1>Yeah, I know I don't necessarily disagree to you, but

165
00:08:58.600 --> 00:09:01.600
<v Speaker 1>I have to say that I don't think in this

166
00:09:01.679 --> 00:09:04.960
<v Speaker 1>particular case that's what's necessarily happening. I think that the

167
00:09:04.960 --> 00:09:08.720
<v Speaker 1>Biden administration purposely decided they didn't want to control the border.

168
00:09:09.120 --> 00:09:10.960
<v Speaker 1>So it makes it a little bit different. But the

169
00:09:11.039 --> 00:09:15.639
<v Speaker 1>thing I talked with you guys before the election, actually

170
00:09:16.279 --> 00:09:19.799
<v Speaker 1>about the concept we were talking about, you know, how

171
00:09:19.840 --> 00:09:24.120
<v Speaker 1>you might actually deport all of these what twenty eight million,

172
00:09:24.240 --> 00:09:27.519
<v Speaker 1>thirty million illegal immigrants now in the country, and how

173
00:09:27.600 --> 00:09:30.320
<v Speaker 1>you know it'd be too expensive And that's all we've

174
00:09:30.440 --> 00:09:34.320
<v Speaker 1>already seen that. All it takes is you're not welcome here.

175
00:09:34.960 --> 00:09:37.399
<v Speaker 1>And not only do you not see people coming here,

176
00:09:37.519 --> 00:09:42.039
<v Speaker 1>you see people leaving. You see people shutting down their

177
00:09:42.080 --> 00:09:45.600
<v Speaker 1>operations that they ran with, you know, impunity before you

178
00:09:45.600 --> 00:09:49.399
<v Speaker 1>you And that was my argument that welcome sign.

179
00:09:49.879 --> 00:09:52.519
<v Speaker 2>Mitt Romney was right self I could resist.

180
00:09:53.200 --> 00:09:56.679
<v Speaker 1>No, I mean, but Mitt Romney is an idiot. It

181
00:09:56.720 --> 00:10:00.279
<v Speaker 1>doesn't count when he says something halfway smart. No, I mean,

182
00:10:00.360 --> 00:10:03.919
<v Speaker 1>he talked about self deportation, but you called it the

183
00:10:03.960 --> 00:10:09.840
<v Speaker 1>infelicitous term he used. I don't find anything infelicitous about it. Yeah,

184
00:10:09.879 --> 00:10:12.279
<v Speaker 1>you know, you're not welcome here, you can't work here.

185
00:10:12.360 --> 00:10:15.600
<v Speaker 1>If somebody hires you, they're going to be punished. And

186
00:10:16.879 --> 00:10:26.559
<v Speaker 1>we fix our broken immigration system.

187
00:10:23.039 --> 00:10:26.440
<v Speaker 2>By one dominating thought, which we don't need all the

188
00:10:26.440 --> 00:10:29.320
<v Speaker 2>pieces for. Is this again, this is a political scientist

189
00:10:29.399 --> 00:10:32.679
<v Speaker 2>and historian. The conventional wisdom in second terms for presidents

190
00:10:32.720 --> 00:10:35.279
<v Speaker 2>is when they have trouble and go badly, they run

191
00:10:35.279 --> 00:10:37.279
<v Speaker 2>out of gas and the people are tired and leave.

192
00:10:37.840 --> 00:10:40.600
<v Speaker 2>I think again, the oddity of Trump is that he

193
00:10:40.960 --> 00:10:42.799
<v Speaker 2>just as he inverts everything else, I think he has

194
00:10:42.840 --> 00:10:46.440
<v Speaker 2>just inverted the typical cycle of presidents. He here's my point.

195
00:10:46.480 --> 00:10:49.279
<v Speaker 2>He already had his second term in the first term

196
00:10:49.480 --> 00:10:52.960
<v Speaker 2>with you know, you know, unstable staff changes, not sure

197
00:10:52.960 --> 00:10:55.679
<v Speaker 2>what they were doing. It went very well for a while,

198
00:10:55.799 --> 00:10:58.000
<v Speaker 2>then COVID came along and wrecked everything and all the

199
00:10:58.000 --> 00:11:01.600
<v Speaker 2>rest of that. This feels like first term, and the

200
00:11:01.600 --> 00:11:03.919
<v Speaker 2>people coming in are much more. It reminds me of

201
00:11:04.000 --> 00:11:06.559
<v Speaker 2>Reagan's first term, when you know, many of the people,

202
00:11:06.639 --> 00:11:08.879
<v Speaker 2>not all of them, were really sympatical with what Reagan

203
00:11:08.919 --> 00:11:12.240
<v Speaker 2>wanted to do. The appointments at this time around, well,

204
00:11:12.440 --> 00:11:14.919
<v Speaker 2>just give you one example. You know, one of Trump's

205
00:11:14.960 --> 00:11:18.000
<v Speaker 2>many mistakes going in in twenty seventeen was he listened

206
00:11:18.039 --> 00:11:21.320
<v Speaker 2>to the Republican establishment. It was Condoleeza Rice who talked

207
00:11:21.399 --> 00:11:25.120
<v Speaker 2>him into appointing what's his name, Derex Tillerson, second terrorist.

208
00:11:25.279 --> 00:11:28.360
<v Speaker 2>Right nowadays, he won't call condolly'z A Rice to wish

209
00:11:28.399 --> 00:11:30.720
<v Speaker 2>her a happy birthday, or maybe you know, hey, if

210
00:11:30.720 --> 00:11:32.639
<v Speaker 2>I start a football league, would you run it? Maybe

211
00:11:32.679 --> 00:11:34.919
<v Speaker 2>just for fun, but no, he knows better now. He's

212
00:11:34.960 --> 00:11:37.279
<v Speaker 2>not going to appoint a big name just because condolliez

213
00:11:37.320 --> 00:11:39.279
<v Speaker 2>a rise to somebody else says it's a good idea,

214
00:11:39.759 --> 00:11:41.960
<v Speaker 2>you know, Madis. I mean I always thought well of Madis.

215
00:11:41.960 --> 00:11:43.480
<v Speaker 2>I still do in some ways. But that was a

216
00:11:43.519 --> 00:11:46.679
<v Speaker 2>mistake and he's not doing that this time, right and

217
00:11:46.759 --> 00:11:51.440
<v Speaker 2>so and then the speed and the clearly as you

218
00:11:51.639 --> 00:11:54.600
<v Speaker 2>mentioned to us, John and the pregame show, they thought

219
00:11:54.639 --> 00:11:57.559
<v Speaker 2>these executive orders out ahead of time and really worked

220
00:11:57.559 --> 00:12:01.399
<v Speaker 2>through the language carefully, unlike some of the ones in

221
00:12:01.480 --> 00:12:03.919
<v Speaker 2>January twenty seventeen. They were a little slap dash and

222
00:12:03.960 --> 00:12:06.559
<v Speaker 2>lost in court quickly. So this just seems so much

223
00:12:06.559 --> 00:12:08.919
<v Speaker 2>more deliberate. And I'm sitting here thinking he's going to

224
00:12:09.000 --> 00:12:11.240
<v Speaker 2>have a great second term.

225
00:12:11.639 --> 00:12:16.840
<v Speaker 3>I think we're overdoing it a little. Maybeah, yeah, I

226
00:12:16.919 --> 00:12:19.440
<v Speaker 3>think a lot of a lot of what this is

227
00:12:19.440 --> 00:12:21.440
<v Speaker 3>a funny thing. I think a lot of the things

228
00:12:21.440 --> 00:12:23.759
<v Speaker 3>that are making you happy is just that he's reversed

229
00:12:23.759 --> 00:12:26.759
<v Speaker 3>the Biden years. Yeah, Like just a lot of the

230
00:12:26.960 --> 00:12:28.600
<v Speaker 3>orders are just if you look, a lot of the orders,

231
00:12:28.600 --> 00:12:30.279
<v Speaker 3>I mean a lot of you know, many of them

232
00:12:30.600 --> 00:12:33.559
<v Speaker 3>are affirmative new orders, but maybe the most important order

233
00:12:33.639 --> 00:12:36.919
<v Speaker 3>was the first order, which reversed something like twenty five

234
00:12:37.039 --> 00:12:40.360
<v Speaker 3>different Biden executive orders and kind of returned the world

235
00:12:40.360 --> 00:12:41.840
<v Speaker 3>to where it was in twenty twenty.

236
00:12:42.360 --> 00:12:45.039
<v Speaker 2>Well, actually, John, I I mean, let's pick just one.

237
00:12:45.159 --> 00:12:46.720
<v Speaker 2>I didn't want to get off. And you know, a

238
00:12:46.720 --> 00:12:48.279
<v Speaker 2>lot of these could be talked on a great length,

239
00:12:48.320 --> 00:12:52.240
<v Speaker 2>but his reversal of the famous affirmative action Executive Order

240
00:12:52.320 --> 00:12:56.399
<v Speaker 2>eleven two forty six made in nineteen sixty six. Right,

241
00:12:57.120 --> 00:12:59.320
<v Speaker 2>you know, the reagular administration and the second term had

242
00:12:59.320 --> 00:13:02.480
<v Speaker 2>a huge battle ed. Mees and Bill Bennett and several

243
00:13:02.519 --> 00:13:06.360
<v Speaker 2>others wanted to rescind it. The rhinos in the cabinet,

244
00:13:06.399 --> 00:13:10.960
<v Speaker 2>Elizabeth Dole, of course, Bill Brock and Labor, and I

245
00:13:10.960 --> 00:13:13.000
<v Speaker 2>think the Chief of Staff Don Reagan was a squish

246
00:13:13.000 --> 00:13:15.600
<v Speaker 2>on this. They also, oh, we can't do that. And

247
00:13:15.679 --> 00:13:17.759
<v Speaker 2>one of the many things the opponents did was get

248
00:13:17.759 --> 00:13:20.480
<v Speaker 2>corporate CEOs to call up Reagan saying, oh, please don't

249
00:13:20.480 --> 00:13:22.679
<v Speaker 2>do this, we really need to have affirmative action. So

250
00:13:23.000 --> 00:13:25.840
<v Speaker 2>they up not doing it. So they chickened out in

251
00:13:25.879 --> 00:13:28.559
<v Speaker 2>the end, right, and now Trump just said I don't

252
00:13:28.639 --> 00:13:33.039
<v Speaker 2>care what you know. I'm doing this thing and it's popular.

253
00:13:33.159 --> 00:13:39.159
<v Speaker 1>I mean, yes, no, no, no, John, Let me go back

254
00:13:39.200 --> 00:13:42.679
<v Speaker 1>to what John said, Steve hold On. What he said

255
00:13:42.919 --> 00:13:47.360
<v Speaker 1>was that this is merely undoing what Biden had done,

256
00:13:48.480 --> 00:13:50.600
<v Speaker 1>as if I know what you're saying by that. But

257
00:13:50.639 --> 00:13:55.320
<v Speaker 1>my point is this that the march toward leftist progressive

258
00:13:55.559 --> 00:13:58.720
<v Speaker 1>policies and regulations and all of those things has been

259
00:13:59.360 --> 00:14:05.720
<v Speaker 1>almost inhibited now since since Roosevelt practically, and that's too

260
00:14:05.799 --> 00:14:08.960
<v Speaker 1>strong to say it like that, but this is I mean,

261
00:14:09.639 --> 00:14:13.320
<v Speaker 1>did anybody think two years ago that we would get

262
00:14:13.399 --> 00:14:15.159
<v Speaker 1>to the point where I could go in and say

263
00:14:15.200 --> 00:14:19.159
<v Speaker 1>I want to fire my DEI professional because to do

264
00:14:19.519 --> 00:14:22.639
<v Speaker 1>to keep him? You know, of course they're changing titles

265
00:14:22.639 --> 00:14:28.240
<v Speaker 1>and things like that, but the whole idea that all

266
00:14:28.279 --> 00:14:31.480
<v Speaker 1>that's been turned on its head. Sure somebody can come

267
00:14:31.519 --> 00:14:33.720
<v Speaker 1>in in twenty twenty eight and try to reduce some

268
00:14:33.799 --> 00:14:35.360
<v Speaker 1>of those things, but it's not going to be the

269
00:14:35.399 --> 00:14:37.360
<v Speaker 1>same anymore. That it makes a difference.

270
00:14:37.759 --> 00:14:40.559
<v Speaker 2>That's my point is is, yeah, sure a Democrat could

271
00:14:40.559 --> 00:14:42.879
<v Speaker 2>come in in twenty twenty nine and say, oh, I'm

272
00:14:42.879 --> 00:14:45.960
<v Speaker 2>going to reinstate the Affirmative Action Executive Order, well, yes,

273
00:14:46.000 --> 00:14:48.759
<v Speaker 2>they have the power to do that if nothing changes legislatively,

274
00:14:49.559 --> 00:14:52.279
<v Speaker 2>But I think then people will notice and it will

275
00:14:52.320 --> 00:14:55.639
<v Speaker 2>be unpopular, and so that's why I think it won't work.

276
00:14:55.639 --> 00:14:58.080
<v Speaker 2>I think you're right, they've changed the ground on all this.

277
00:14:58.320 --> 00:15:00.519
<v Speaker 2>And oh, by the way, on the DEA stuff, I

278
00:15:01.279 --> 00:15:02.559
<v Speaker 2>want to do an article of this if I can

279
00:15:02.600 --> 00:15:05.320
<v Speaker 2>find time. We know what they're doing. They're changing the

280
00:15:05.440 --> 00:15:08.600
<v Speaker 2>names or moving people around. They're calling it belonging and

281
00:15:09.240 --> 00:15:11.919
<v Speaker 2>advancement or something like that, and so that'll be hard

282
00:15:12.559 --> 00:15:15.039
<v Speaker 2>and well, I think they actually dropped that word too.

283
00:15:15.320 --> 00:15:17.200
<v Speaker 2>My point is is the whole racket depends on a

284
00:15:17.240 --> 00:15:20.840
<v Speaker 2>common vocabulary of cliches. They won't know what to say.

285
00:15:21.559 --> 00:15:23.679
<v Speaker 2>I mean, but the last several years, I've said, you

286
00:15:23.720 --> 00:15:27.720
<v Speaker 2>noticed that every statement from a DEI office sounds the same.

287
00:15:28.159 --> 00:15:30.840
<v Speaker 2>They use the same sentences, the same cliches. And now

288
00:15:30.879 --> 00:15:33.240
<v Speaker 2>they're going to invent the whole new vocabulary. And if

289
00:15:33.240 --> 00:15:35.600
<v Speaker 2>that becomes too obvious, then you just go after that.

290
00:15:35.799 --> 00:15:40.000
<v Speaker 2>I think that it's I mean, they'll try, and I'm

291
00:15:40.000 --> 00:15:42.039
<v Speaker 2>not being complacent, but I think it's gonna be funny

292
00:15:42.120 --> 00:15:45.639
<v Speaker 2>to watch them bob and weave and it'll just be incoherent.

293
00:15:45.879 --> 00:15:49.159
<v Speaker 1>So another thing that, of course I'm thrilled to death about.

294
00:15:50.120 --> 00:15:54.000
<v Speaker 1>And then was more than pleasantly surprised when John sent

295
00:15:54.039 --> 00:15:58.240
<v Speaker 1>me his wonderful article from Newsweek Today about the pardons,

296
00:15:58.480 --> 00:16:02.159
<v Speaker 1>which Steve will to in the show notes. Even though

297
00:16:02.240 --> 00:16:04.200
<v Speaker 1>I did put it on my Twitter at all, seven

298
00:16:04.240 --> 00:16:09.240
<v Speaker 1>of my followers read it and liked it. Actually more

299
00:16:09.320 --> 00:16:12.440
<v Speaker 1>than that. But it was a great article. And and

300
00:16:12.840 --> 00:16:14.519
<v Speaker 1>part of the reason that it was great, I mean,

301
00:16:14.679 --> 00:16:17.240
<v Speaker 1>you're a partisan, John, You're not as much of a

302
00:16:17.279 --> 00:16:19.600
<v Speaker 1>partisan as I am, of course, but you're a partisan.

303
00:16:19.639 --> 00:16:21.399
<v Speaker 1>But you did. You went out of your way in

304
00:16:21.440 --> 00:16:23.440
<v Speaker 1>that article. And I guess I shouldn't leave out your

305
00:16:23.480 --> 00:16:25.519
<v Speaker 1>your co author, but I don't know him, so I'm

306
00:16:25.519 --> 00:16:26.639
<v Speaker 1>just giving you all the credit.

307
00:16:26.960 --> 00:16:29.399
<v Speaker 2>I don't think I think John made him up.

308
00:16:29.399 --> 00:16:33.799
<v Speaker 1>But anyway, okay, that's fine, that's okay. Then I don't

309
00:16:33.799 --> 00:16:36.679
<v Speaker 1>feel bad. But but it was. It was just a

310
00:16:37.600 --> 00:16:41.159
<v Speaker 1>straight up analysis of of the use of the pardon

311
00:16:41.240 --> 00:16:45.159
<v Speaker 1>power by Biden, by Trump, and all of the the

312
00:16:45.320 --> 00:16:47.600
<v Speaker 1>details that people may or may not have been thinking

313
00:16:47.639 --> 00:16:52.279
<v Speaker 1>about that that show how one even if you disagree

314
00:16:52.480 --> 00:16:55.720
<v Speaker 1>ultimately with what would what we call it the substance

315
00:16:55.759 --> 00:17:00.159
<v Speaker 1>of who was pardoned under Trump. Uh, what the way

316
00:17:00.159 --> 00:17:02.600
<v Speaker 1>that Trump went about it. The exercise of the power

317
00:17:02.639 --> 00:17:07.640
<v Speaker 1>itself was in fact consistent with the Constitution and appropriate,

318
00:17:07.680 --> 00:17:10.480
<v Speaker 1>whereas Biden's I'm going to stop talking because you did

319
00:17:10.519 --> 00:17:13.400
<v Speaker 1>a better job. Tell us just a little bit about

320
00:17:13.440 --> 00:17:17.039
<v Speaker 1>the conclusion you came to, John, Well.

321
00:17:17.000 --> 00:17:19.519
<v Speaker 3>Yeah, I tried to write it without regard to the

322
00:17:19.559 --> 00:17:24.200
<v Speaker 3>individual cases, just the use of the power, and Trump's

323
00:17:24.200 --> 00:17:26.880
<v Speaker 3>is much more in keeping with tradition. Or he didn't

324
00:17:27.720 --> 00:17:31.359
<v Speaker 3>preempt anybody, and there were no preemptive pardons, right. What

325
00:17:31.440 --> 00:17:35.079
<v Speaker 3>he did was he actually waited until after the cases

326
00:17:35.079 --> 00:17:37.079
<v Speaker 3>were all prosecuted, and a lot of these people already

327
00:17:37.079 --> 00:17:42.440
<v Speaker 3>spent time in jail. And you know, I was trying

328
00:17:42.440 --> 00:17:47.000
<v Speaker 3>thing the equivalent of if Trump had followed Biden's example,

329
00:17:47.079 --> 00:17:51.119
<v Speaker 3>he should have pardoned all the January sixth defendants on

330
00:17:51.200 --> 00:17:55.839
<v Speaker 3>January right in January seventh, twenty twenty one, and never

331
00:17:55.920 --> 00:17:59.359
<v Speaker 3>let them be investigative prosecutor. So this idea of using

332
00:17:59.400 --> 00:18:02.000
<v Speaker 3>preemptive part gardens in this mass way, I think is

333
00:18:02.079 --> 00:18:04.960
<v Speaker 3>quite dangerous. So the other thing, the second big difference is,

334
00:18:05.000 --> 00:18:07.599
<v Speaker 3>and I think this is tisen with Steve's point about

335
00:18:07.640 --> 00:18:11.240
<v Speaker 3>the presidency in the election. Is that for good or ill.

336
00:18:11.759 --> 00:18:14.279
<v Speaker 3>Trump campaigned on it, like he went to the American

337
00:18:14.319 --> 00:18:16.359
<v Speaker 3>people said, if you elect me, I'm going to pardon all.

338
00:18:16.599 --> 00:18:18.640
<v Speaker 3>In fact, people didn't believe me he was going to

339
00:18:18.720 --> 00:18:20.960
<v Speaker 3>do it. Even his own vice president didn't believe he

340
00:18:21.000 --> 00:18:23.519
<v Speaker 3>was going to do it, right, but he parted them

341
00:18:23.680 --> 00:18:26.039
<v Speaker 3>as well. It's very hard to say that this is

342
00:18:26.039 --> 00:18:30.160
<v Speaker 3>an exercise of presidential power that the American people disapproved

343
00:18:30.240 --> 00:18:32.000
<v Speaker 3>of because they knew he was going to do it

344
00:18:32.039 --> 00:18:34.720
<v Speaker 3>when they elected him to office. That's also very different

345
00:18:34.720 --> 00:18:37.880
<v Speaker 3>than Biden because Biden told, you know, before the November elections,

346
00:18:37.880 --> 00:18:39.720
<v Speaker 3>he said he wasn't going to pardon Hunter. Then he

347
00:18:39.799 --> 00:18:42.160
<v Speaker 3>did it. I mean, he actually broke his promise to

348
00:18:42.160 --> 00:18:43.000
<v Speaker 3>the American people.

349
00:18:44.400 --> 00:18:45.880
<v Speaker 2>Those are two, really, I think.

350
00:18:45.799 --> 00:18:48.079
<v Speaker 3>The butt and the last thing. And this is what

351
00:18:48.160 --> 00:18:50.519
<v Speaker 3>Trump's going to have to do now, because this is

352
00:18:50.640 --> 00:18:53.359
<v Speaker 3>just part of the cycle of lawfare that the Biden

353
00:18:53.440 --> 00:18:57.880
<v Speaker 3>people started. Is not just he pardoned his family, his

354
00:18:58.000 --> 00:19:02.720
<v Speaker 3>political supporters, members of hisministration. I want to blame Trump

355
00:19:02.720 --> 00:19:05.480
<v Speaker 3>when he leaves office for Greg doing a mass pardon.

356
00:19:05.519 --> 00:19:08.720
<v Speaker 3>For every single person who serves in an administriction now and

357
00:19:09.279 --> 00:19:11.079
<v Speaker 3>every president's going to do that from now on?

358
00:19:11.640 --> 00:19:13.480
<v Speaker 1>Do you think that really will happen? Or do you

359
00:19:13.519 --> 00:19:17.079
<v Speaker 1>think that maybe there are people who say some of

360
00:19:17.119 --> 00:19:21.240
<v Speaker 1>the norms are norms, even if the Biden crime family

361
00:19:22.039 --> 00:19:26.640
<v Speaker 1>corruption destroyed those norms. There are some things we just

362
00:19:26.680 --> 00:19:28.839
<v Speaker 1>shouldn't do. I mean, I don't think Trump's going to

363
00:19:28.960 --> 00:19:32.200
<v Speaker 1>go after his political opponents with the kind of lawfare

364
00:19:32.279 --> 00:19:38.519
<v Speaker 1>Biden did, even though that practice was that that norm

365
00:19:38.640 --> 00:19:40.640
<v Speaker 1>was broken. I really don't. I don't think he's going

366
00:19:40.680 --> 00:19:41.359
<v Speaker 1>to would Trump?

367
00:19:41.920 --> 00:19:45.920
<v Speaker 3>Why would Trump trust Democrats, not just federal ones, but

368
00:19:45.960 --> 00:19:48.839
<v Speaker 3>the ones in cities like New York and Atlanta? Why

369
00:19:48.880 --> 00:19:51.319
<v Speaker 3>would he trust them to leave not just him, after

370
00:19:51.400 --> 00:19:55.200
<v Speaker 3>the Hospice family and anyone who served in his administration alone,

371
00:19:55.240 --> 00:19:57.039
<v Speaker 3>after what they just did the last four.

372
00:19:56.960 --> 00:20:01.440
<v Speaker 1>Years a federal presidential part and wouldn't stop all of

373
00:20:01.480 --> 00:20:06.799
<v Speaker 1>those you know, brag and Fanny willis uh corrupt hacks.

374
00:20:07.599 --> 00:20:09.759
<v Speaker 1>So you have to I mean, I get what you're.

375
00:20:09.599 --> 00:20:11.880
<v Speaker 2>Saying, But can I just say before we move on

376
00:20:11.960 --> 00:20:14.039
<v Speaker 2>to Cretia that John you're the byeline of the article

377
00:20:14.079 --> 00:20:17.079
<v Speaker 2>is John Hu and John Shoe. I don't believe there

378
00:20:17.160 --> 00:20:19.039
<v Speaker 2>is a John Shoe. I think that's you under suit

379
00:20:19.039 --> 00:20:21.079
<v Speaker 2>in him on the blowback.

380
00:20:21.160 --> 00:20:21.319
<v Speaker 3>Right.

381
00:20:22.119 --> 00:20:24.000
<v Speaker 2>I've never heard of this guy. I've never seen him. Oh,

382
00:20:24.039 --> 00:20:24.799
<v Speaker 2>he's a great guy.

383
00:20:24.799 --> 00:20:28.480
<v Speaker 3>He's a lawyer in Orange County. Actually he's a Californian too.

384
00:20:28.920 --> 00:20:31.519
<v Speaker 3>Oh okay, likes he likes you know what he's strings.

385
00:20:31.599 --> 00:20:32.440
<v Speaker 3>He likes mc ribs.

386
00:20:32.480 --> 00:20:36.400
<v Speaker 2>Also, Oh that's why McDonald's. I get it now, and

387
00:20:36.519 --> 00:20:37.640
<v Speaker 2>now it all comes clear.

388
00:20:37.799 --> 00:20:41.359
<v Speaker 1>Okay, Well, anyway, I really do encourage our listeners to

389
00:20:41.519 --> 00:20:44.319
<v Speaker 1>read it. It's it's got all the excellent arguments you

390
00:20:44.400 --> 00:20:46.759
<v Speaker 1>need for in case you come up with somebody like

391
00:20:46.839 --> 00:20:51.319
<v Speaker 1>my idiot troll Center Senator Mark Kelly, who says, oh god,

392
00:20:51.359 --> 00:20:55.799
<v Speaker 1>this is terrible. I'm the son of two police officers,

393
00:20:55.920 --> 00:20:58.519
<v Speaker 1>and I am just I am just you know, the

394
00:20:58.720 --> 00:21:00.400
<v Speaker 1>traumatized by what Trump.

395
00:21:00.480 --> 00:21:04.000
<v Speaker 3>Yeah, what about the murderer of that that commuted who

396
00:21:04.079 --> 00:21:07.000
<v Speaker 3>killed Yeah, I mean it's.

397
00:21:08.799 --> 00:21:14.680
<v Speaker 1>Murdered Ashley Babbitt. Yeah, anyway, yeah, I know, I know. Sorry, Okay,

398
00:21:14.680 --> 00:21:17.039
<v Speaker 1>I'm done with that because we want to move on

399
00:21:17.079 --> 00:21:19.759
<v Speaker 1>to our main topic. Even though I could discuss this

400
00:21:19.839 --> 00:21:24.480
<v Speaker 1>with John all Knight. Our main topic today is the

401
00:21:24.480 --> 00:21:29.680
<v Speaker 1>First Amendment. Steve hopefully isn't going to do what he

402
00:21:29.880 --> 00:21:34.839
<v Speaker 1>threatened to do. And uh, start this discussion of freedom

403
00:21:34.880 --> 00:21:37.640
<v Speaker 1>of speech with a discussion of John Milton and John

404
00:21:37.720 --> 00:21:40.559
<v Speaker 1>Stuart Mill made me think of wait, wait, Steve. It

405
00:21:40.640 --> 00:21:43.559
<v Speaker 1>made me think of that great line in Animal House.

406
00:21:44.480 --> 00:21:48.440
<v Speaker 1>I find Milton boring. Missus Milton finds Milton boring too.

407
00:21:49.279 --> 00:21:50.359
<v Speaker 2>I don't remember that line.

408
00:21:50.680 --> 00:21:53.279
<v Speaker 1>Oh god, it's a great line. It's a Sutherland.

409
00:21:53.359 --> 00:21:56.039
<v Speaker 2>Uh what's his name, Donald Sutherland?

410
00:21:56.359 --> 00:21:58.839
<v Speaker 1>Donald Sutherland. When he's standing there and he says, Okay,

411
00:21:58.920 --> 00:22:02.119
<v Speaker 1>I come on, I get it. I find I know,

412
00:22:02.160 --> 00:22:04.759
<v Speaker 1>you find Milton board. I find him born too, So

413
00:22:04.839 --> 00:22:06.960
<v Speaker 1>did missus Milton. And then he takes a bite on

414
00:22:07.000 --> 00:22:08.960
<v Speaker 1>the apple. He says, but this is my job.

415
00:22:09.519 --> 00:22:12.319
<v Speaker 3>I don't remember that, you know, I didn't know it

416
00:22:12.400 --> 00:22:14.160
<v Speaker 3>was I don't remember it was Milton. I remember him

417
00:22:14.160 --> 00:22:15.839
<v Speaker 3>saying those lines, yeah it.

418
00:22:15.799 --> 00:22:18.559
<v Speaker 1>Was Paradise Loss, that he has signed Paradise Loss. And

419
00:22:18.599 --> 00:22:23.720
<v Speaker 1>he starts, you know, droning on, and nobody's paying attention anyway. Okay, sorry,

420
00:22:23.720 --> 00:22:25.000
<v Speaker 1>I'm done.

421
00:22:25.559 --> 00:22:28.279
<v Speaker 2>Well, actually I can't resist the cultural comment about my job.

422
00:22:28.559 --> 00:22:31.119
<v Speaker 2>I mean, you may know the story that they needed

423
00:22:31.119 --> 00:22:34.400
<v Speaker 2>a big name for the movie. Sutherland was the big name,

424
00:22:34.640 --> 00:22:36.799
<v Speaker 2>and he agreed to do one day. They shot all

425
00:22:36.799 --> 00:22:39.079
<v Speaker 2>the scenes in one day, for which he was paid

426
00:22:39.119 --> 00:22:41.559
<v Speaker 2>thirty five thousand dollars. Now they offered him i think

427
00:22:41.640 --> 00:22:44.079
<v Speaker 2>two percent of the gross, which he didn't take.

428
00:22:44.119 --> 00:22:44.319
<v Speaker 3>It.

429
00:22:44.599 --> 00:22:46.960
<v Speaker 2>He would have made, like, you know, twenty million dollars

430
00:22:47.039 --> 00:22:48.799
<v Speaker 2>or something if he done that, the biggest mistake of

431
00:22:48.839 --> 00:22:50.960
<v Speaker 2>his life. Right, Okay, I think that's a funny story.

432
00:22:51.200 --> 00:22:51.440
<v Speaker 4>I know.

433
00:22:51.519 --> 00:22:54.160
<v Speaker 1>But you know what if fameous the passion of the

434
00:22:54.160 --> 00:22:56.519
<v Speaker 1>noblest mind, the ruling passion of the noblest mind. He's

435
00:22:56.599 --> 00:22:59.559
<v Speaker 1>very famous for being in animal House.

436
00:23:00.359 --> 00:23:03.880
<v Speaker 2>Yeah, well, look, it's not that one to talk about

437
00:23:03.880 --> 00:23:05.440
<v Speaker 2>Milton and mill and all the rest of that. Let

438
00:23:05.519 --> 00:23:07.400
<v Speaker 2>me work back to it this way, because it actually

439
00:23:07.400 --> 00:23:12.480
<v Speaker 2>connects to you. John's latest response on our natural law argument,

440
00:23:12.559 --> 00:23:15.599
<v Speaker 2>where he says something wrong in every paragraph, it seems

441
00:23:15.599 --> 00:23:21.519
<v Speaker 2>to me but Row right, well, what do you high? No,

442
00:23:21.960 --> 00:23:24.079
<v Speaker 2>I've got to telescare ten year old tonight is what

443
00:23:24.079 --> 00:23:26.720
<v Speaker 2>I'm drinking. But well, no, at the at the end,

444
00:23:26.799 --> 00:23:30.000
<v Speaker 2>you actually borrow the arguments of who was it two

445
00:23:30.119 --> 00:23:32.440
<v Speaker 2>very bad people about how the First Amendment exist in

446
00:23:32.519 --> 00:23:35.799
<v Speaker 2>other civil rights to protect democracy, And see, I think

447
00:23:35.799 --> 00:23:40.759
<v Speaker 2>that's backwards. Constitutional democracy is designed as the Declaration of

448
00:23:40.759 --> 00:23:44.200
<v Speaker 2>Independence teaches to protect our rights, including free speech. Now,

449
00:23:44.799 --> 00:23:47.920
<v Speaker 2>the older views version of free speech, which does have

450
00:23:48.000 --> 00:23:51.839
<v Speaker 2>its anchor, and people like John Milton especially but not

451
00:23:51.839 --> 00:23:56.200
<v Speaker 2>so much John Stuart Mill was that speech was the

452
00:23:56.319 --> 00:24:01.720
<v Speaker 2>tool to help us reach truth. The utter philosophical view

453
00:24:01.759 --> 00:24:04.559
<v Speaker 2>of free speech is based not on reason but on

454
00:24:04.720 --> 00:24:08.200
<v Speaker 2>skepticism that any truth can be reached. This is Walter

455
00:24:08.240 --> 00:24:10.799
<v Speaker 2>Burns's point in his great first book, Freedom Virtue in

456
00:24:10.839 --> 00:24:13.000
<v Speaker 2>the First Amendment. And by the way, he wrote the

457
00:24:13.079 --> 00:24:15.519
<v Speaker 2>chapter on Milton and the famous Straus cropsy reader, and

458
00:24:15.519 --> 00:24:16.920
<v Speaker 2>one of the things he teases out, I can do

459
00:24:16.960 --> 00:24:21.279
<v Speaker 2>this Lucretian two sentences is everybody reads Milton superficially in

460
00:24:21.319 --> 00:24:24.839
<v Speaker 2>the Aeropa gillicar wherever it's pronounced. They say, oh, Milton

461
00:24:24.960 --> 00:24:27.839
<v Speaker 2>was the great tribune of free expression, because free expression,

462
00:24:27.960 --> 00:24:31.240
<v Speaker 2>you know, it is great. It reaches truth. Vital to

463
00:24:31.279 --> 00:24:34.599
<v Speaker 2>his view on free expression was individual virtue, and only

464
00:24:34.640 --> 00:24:37.640
<v Speaker 2>a virtuous people could be trusted with free speech because

465
00:24:37.680 --> 00:24:40.119
<v Speaker 2>then they would advance virtue and could be self governing.

466
00:24:40.519 --> 00:24:43.200
<v Speaker 2>The implication was if you lost all that, free speech

467
00:24:43.240 --> 00:24:47.240
<v Speaker 2>would become a danger. Okay, fast forward to the twentieth century.

468
00:24:48.079 --> 00:24:49.880
<v Speaker 2>What the Supreme Court does. And this is what Frank

469
00:24:49.920 --> 00:24:54.000
<v Speaker 2>Canevan taught and also Walter Burns, was we have traded

470
00:24:54.400 --> 00:24:56.920
<v Speaker 2>some view of the reason of free speech and instead

471
00:24:56.960 --> 00:24:59.640
<v Speaker 2>we've converted. Well, we're all looking for limits. What are

472
00:24:59.640 --> 00:25:02.119
<v Speaker 2>the limits? It's a free speech So in the Shank case,

473
00:25:02.160 --> 00:25:06.200
<v Speaker 2>it starts everything sort of clear and present danger. Is

474
00:25:06.200 --> 00:25:09.920
<v Speaker 2>there a danger to national security? Right? And what Burns

475
00:25:09.920 --> 00:25:11.720
<v Speaker 2>goes through very carefully, and I can't even begin to

476
00:25:11.759 --> 00:25:14.839
<v Speaker 2>summarize it is that was never applied consistently or coherently.

477
00:25:15.039 --> 00:25:17.759
<v Speaker 2>They're always making stuff up and that's part of the

478
00:25:17.799 --> 00:25:21.640
<v Speaker 2>whole balancing test story of the Supreme Court. But the

479
00:25:21.720 --> 00:25:24.519
<v Speaker 2>limits where they find the limits are not on some

480
00:25:24.759 --> 00:25:28.480
<v Speaker 2>view of free expression and its contribution to virtue or freedom.

481
00:25:28.880 --> 00:25:32.559
<v Speaker 2>It's always they'd converted an action, right, So is it incitement?

482
00:25:33.119 --> 00:25:34.960
<v Speaker 2>Is it going to cause a riot? Is it a

483
00:25:35.000 --> 00:25:39.480
<v Speaker 2>threat to national security? And so finally you come to

484
00:25:39.759 --> 00:25:43.480
<v Speaker 2>you know, Cohen b. California, where they say, well, you know,

485
00:25:43.640 --> 00:25:49.000
<v Speaker 2>one man's lyric is another man's poetry, right, and you know, right,

486
00:25:49.240 --> 00:25:50.799
<v Speaker 2>the guy who had the the F word on his

487
00:25:50.839 --> 00:25:54.480
<v Speaker 2>T shirt, right, which, by the way, yeah, I think

488
00:25:54.680 --> 00:25:56.920
<v Speaker 2>I think it's correct. That the word it was on

489
00:25:57.000 --> 00:25:59.599
<v Speaker 2>the shirt was never mentioned in the oral argument are

490
00:25:59.640 --> 00:26:02.880
<v Speaker 2>by of the justices in that case, which tells you

491
00:26:02.920 --> 00:26:06.279
<v Speaker 2>what there was still some sense of decency. See Walter

492
00:26:06.359 --> 00:26:09.279
<v Speaker 2>Burns thought decency was a real thing, tangible thing, not

493
00:26:09.319 --> 00:26:12.480
<v Speaker 2>a subjective by the way. Yeah, well he he he

494
00:26:12.559 --> 00:26:15.640
<v Speaker 2>and Walter agree on that and agrees with Frank Canavan. Right,

495
00:26:15.720 --> 00:26:19.599
<v Speaker 2>so some in other words Canavan in his great book, Well,

496
00:26:19.599 --> 00:26:22.799
<v Speaker 2>actually it's in one of his columns. Uh, our lawness

497
00:26:22.799 --> 00:26:25.599
<v Speaker 2>has abandoned reason as the foundation of liberty and a

498
00:26:25.680 --> 00:26:27.960
<v Speaker 2>substituted skepticism. I think that's.

499
00:26:27.799 --> 00:26:28.839
<v Speaker 3>Probably heard of this guy.

500
00:26:28.920 --> 00:26:34.279
<v Speaker 1>Who is this Sky Cavan Cavan Heather to you.

501
00:26:34.480 --> 00:26:38.880
<v Speaker 2>Yes, well he's Jesuit father. All I need to tell you, John,

502
00:26:38.960 --> 00:26:41.119
<v Speaker 2>is that he and Harry Jaffer are the same high

503
00:26:41.160 --> 00:26:43.880
<v Speaker 2>school together and graduated in the same class in Brooklyn

504
00:26:44.079 --> 00:26:45.880
<v Speaker 2>way back when. And the rest.

505
00:26:46.160 --> 00:26:48.039
<v Speaker 3>He's a Straussian Biosmoses.

506
00:26:48.480 --> 00:26:51.960
<v Speaker 1>Yeah, he came to our Harry and Harry Dog and

507
00:26:52.000 --> 00:26:53.160
<v Speaker 1>Pony show one time.

508
00:26:53.680 --> 00:26:56.319
<v Speaker 2>Yeah. Well, his his book and I'll try and link

509
00:26:56.359 --> 00:26:58.119
<v Speaker 2>to it, except it's out of print. It's called Freedom

510
00:26:58.119 --> 00:27:01.880
<v Speaker 2>of Expression Purposes Limit. It's got some of the best argument.

511
00:27:01.839 --> 00:27:02.920
<v Speaker 1>My version of it.

512
00:27:03.039 --> 00:27:07.759
<v Speaker 3>Steve pieces, well, what is this argument that's different?

513
00:27:08.400 --> 00:27:11.960
<v Speaker 2>Well, well, now see, I'm going to make Lucretia impatient,

514
00:27:11.960 --> 00:27:14.240
<v Speaker 2>and she'd be right to because I haven't organized to

515
00:27:14.240 --> 00:27:17.680
<v Speaker 2>summarize it, so I won't try.

516
00:27:17.839 --> 00:27:19.359
<v Speaker 1>You don't need to, because I want to ask John

517
00:27:19.400 --> 00:27:22.000
<v Speaker 1>some questions. Good, you can think about it and if

518
00:27:22.039 --> 00:27:23.240
<v Speaker 1>it becomes relevant.

519
00:27:23.680 --> 00:27:26.319
<v Speaker 2>Now that wasn't That wasn't too tedious, now was it.

520
00:27:26.359 --> 00:27:30.440
<v Speaker 1>Lucretia just probably didn't add all that much. Oh, okay,

521
00:27:31.400 --> 00:27:35.319
<v Speaker 1>it wasn't terrible. But but last time we wanted to

522
00:27:35.359 --> 00:27:39.640
<v Speaker 1>discuss and Steve wouldn't let us. Uh. The whole concept though,

523
00:27:39.759 --> 00:27:46.279
<v Speaker 1>of the Supreme Court's attempt to put what they thought

524
00:27:46.680 --> 00:27:51.200
<v Speaker 1>were reasonable limitations on freedom of speech. And there are

525
00:27:51.240 --> 00:27:53.559
<v Speaker 1>lots of different ones. Steve mentioned some of them. You know,

526
00:27:53.839 --> 00:27:56.680
<v Speaker 1>a speech that presents a clear and present danger that

527
00:27:56.960 --> 00:28:01.400
<v Speaker 1>indeeder's national security, the speech it causes riot, you know,

528
00:28:01.759 --> 00:28:05.039
<v Speaker 1>those sorts of things. But John and I started and

529
00:28:05.079 --> 00:28:08.119
<v Speaker 1>Steve stopped us last time talking about the question of

530
00:28:08.200 --> 00:28:11.519
<v Speaker 1>libel and I think that the United States may be

531
00:28:12.079 --> 00:28:14.759
<v Speaker 1>you can probably give me a better answer to this, John,

532
00:28:14.799 --> 00:28:20.960
<v Speaker 1>but it may be the only uh, democracy republican form

533
00:28:21.000 --> 00:28:27.559
<v Speaker 1>of government that actually considers libel a violation of the

534
00:28:27.599 --> 00:28:32.359
<v Speaker 1>First Amendment, but uh, you know, tries to tries to

535
00:28:32.359 --> 00:28:34.839
<v Speaker 1>create rules around it. In most other countries, you can

536
00:28:35.200 --> 00:28:38.440
<v Speaker 1>easily be prosecuted for libel. Is I guess what I'm

537
00:28:38.440 --> 00:28:40.640
<v Speaker 1>trying to say, I'm not saying it very clearly. Does

538
00:28:40.640 --> 00:28:41.839
<v Speaker 1>that sound right to you, John?

539
00:28:43.480 --> 00:28:47.039
<v Speaker 3>I mean, I think that the United States has probably

540
00:28:47.039 --> 00:28:50.160
<v Speaker 3>the broadest free speech and free press rights in the

541
00:28:50.200 --> 00:28:54.359
<v Speaker 3>industrialized world, you know, on multiple issues.

542
00:28:53.839 --> 00:28:56.279
<v Speaker 1>So right, I know, I believe that too. It's going

543
00:28:56.319 --> 00:29:01.119
<v Speaker 1>to say it at the end, But.

544
00:28:59.359 --> 00:29:02.559
<v Speaker 3>Like the Kingdom, they don't have anything like the absence

545
00:29:02.559 --> 00:29:06.480
<v Speaker 3>of malice standards. You have this weird legal situation where

546
00:29:06.480 --> 00:29:09.880
<v Speaker 3>you can publish a book and in the United States

547
00:29:09.880 --> 00:29:15.519
<v Speaker 3>the book can't you can't sue someone for libel even

548
00:29:15.519 --> 00:29:17.680
<v Speaker 3>though and then in the United Kingdom people will go

549
00:29:17.720 --> 00:29:20.720
<v Speaker 3>to the United Kingdom and sue the authors there for

550
00:29:20.799 --> 00:29:25.720
<v Speaker 3>the exact same book. But I wanted to just briefly

551
00:29:25.759 --> 00:29:28.559
<v Speaker 3>explain the difference I had with Steve, which I think

552
00:29:28.720 --> 00:29:32.000
<v Speaker 3>the difference I have is I always thought was the

553
00:29:32.000 --> 00:29:36.920
<v Speaker 3>conservative critique of the Supreme Court's First Amendment case, where

554
00:29:37.200 --> 00:29:42.720
<v Speaker 3>you know, the Supreme Court doesn't limit speech full free

555
00:29:42.720 --> 00:29:46.640
<v Speaker 3>speech a protections just to political speech. Right, So they

556
00:29:46.799 --> 00:29:52.279
<v Speaker 3>provided to pornography, they provided to alleged art like the

557
00:29:52.279 --> 00:29:56.680
<v Speaker 3>crucifix and the jar of urine. And so I thought

558
00:29:56.759 --> 00:30:01.559
<v Speaker 3>that the idea that the real core protection for First

559
00:30:01.559 --> 00:30:05.160
<v Speaker 3>speech should be political speech because it's necessary to engage

560
00:30:05.160 --> 00:30:09.960
<v Speaker 3>in self government was traditionally the conservative argument against progressives

561
00:30:09.960 --> 00:30:13.720
<v Speaker 3>who want to expand speech to inform, and they're the

562
00:30:13.759 --> 00:30:16.759
<v Speaker 3>ones who That's why I'm very puzzled by Steve's claim that,

563
00:30:16.799 --> 00:30:20.039
<v Speaker 3>you know, First Amendment is this kind of free speech,

564
00:30:20.160 --> 00:30:22.599
<v Speaker 3>is this kind of right the pre exist government, And

565
00:30:22.640 --> 00:30:24.720
<v Speaker 3>it's much broader than what we should would think it

566
00:30:24.759 --> 00:30:30.440
<v Speaker 3>is because conservatives really oppose the effort of progressives to

567
00:30:30.640 --> 00:30:34.759
<v Speaker 3>try to turn speech into this kind of autonomy self

568
00:30:34.920 --> 00:30:38.759
<v Speaker 3>slash self actualization, right, which is just about right. It

569
00:30:38.880 --> 00:30:41.759
<v Speaker 3>is about you expressing yourself, right, that's all the free

570
00:30:41.759 --> 00:30:46.160
<v Speaker 3>speech itself protects everything. Yeah, so I'm surprised to hear

571
00:30:46.480 --> 00:30:52.759
<v Speaker 3>that Steve comes out with this sort of a sort

572
00:30:52.799 --> 00:30:56.039
<v Speaker 3>of Nike approach to the First Amendment, which is just doing.

573
00:30:55.920 --> 00:30:58.200
<v Speaker 2>No, no, no, no. First of all, okay, I didn't

574
00:30:58.599 --> 00:31:01.000
<v Speaker 2>I didn't make myself clear on that point. That's actually

575
00:31:01.519 --> 00:31:07.200
<v Speaker 2>Canavan's book is called wait, it's called Freedom Purposes Limit

576
00:31:08.000 --> 00:31:10.559
<v Speaker 2>and so so narrowly speaking, you can make an intelligible

577
00:31:10.559 --> 00:31:14.279
<v Speaker 2>distinction between speech which relates to political purposes and expression

578
00:31:14.319 --> 00:31:15.680
<v Speaker 2>which means naked dancing.

579
00:31:15.839 --> 00:31:16.000
<v Speaker 3>Right.

580
00:31:16.480 --> 00:31:20.480
<v Speaker 2>And when I say that the modern uh uh jurisprudence

581
00:31:20.519 --> 00:31:24.000
<v Speaker 2>on free speech and our Supreme Court has is based

582
00:31:24.039 --> 00:31:27.119
<v Speaker 2>in moral skepticism, that we can make that distinction. That's

583
00:31:27.119 --> 00:31:29.400
<v Speaker 2>my argument. The three statement I just said it. So

584
00:31:29.440 --> 00:31:32.839
<v Speaker 2>that statement I made comprises the distinction you just made.

585
00:31:33.920 --> 00:31:36.680
<v Speaker 2>But you're saying that you missed that somehow, you're saying

586
00:31:36.680 --> 00:31:38.759
<v Speaker 2>that the you're allergic to metaphysics. We know this.

587
00:31:38.839 --> 00:31:41.160
<v Speaker 3>No, no, you're But your point was that the right

588
00:31:41.240 --> 00:31:45.160
<v Speaker 3>to free expression of every speech what everyone call pre exists

589
00:31:45.160 --> 00:31:47.880
<v Speaker 3>the government right. It's a natural right. Well, it's not

590
00:31:47.960 --> 00:31:51.359
<v Speaker 3>just limited to political speech or the speech necessary.

591
00:31:51.559 --> 00:31:53.079
<v Speaker 2>No I'm not. I'm not saying that.

592
00:31:53.240 --> 00:31:55.240
<v Speaker 3>You're not saying that, no one.

593
00:31:55.599 --> 00:31:57.720
<v Speaker 2>Well, no, you didn't. I mean, and here's where I

594
00:31:57.759 --> 00:32:00.359
<v Speaker 2>think lucreature the way you said things. I mean, let's

595
00:32:00.400 --> 00:32:03.039
<v Speaker 2>introduce another angle here, which was all the first amendments

596
00:32:03.039 --> 00:32:05.480
<v Speaker 2>said Congress shall make no law a bridging the freedom

597
00:32:05.519 --> 00:32:08.559
<v Speaker 2>of speech or of the press. They did not say

598
00:32:08.720 --> 00:32:10.880
<v Speaker 2>what New York Times versus Sullivan said, which is a

599
00:32:10.960 --> 00:32:13.960
<v Speaker 2>higher standard for libel and slander in other words, the

600
00:32:14.079 --> 00:32:17.039
<v Speaker 2>very earliest days in the Republic. In other words, it meant,

601
00:32:17.079 --> 00:32:20.279
<v Speaker 2>as we say today, no prior restraint. That did not

602
00:32:20.440 --> 00:32:23.400
<v Speaker 2>mean you weren't liable for something that was slanderous, libelous

603
00:32:23.599 --> 00:32:28.680
<v Speaker 2>or seditious. Soeditious libel was still prosecuted actively in those

604
00:32:28.720 --> 00:32:32.039
<v Speaker 2>early years. That's part of the basis of the Virginia

605
00:32:32.039 --> 00:32:36.799
<v Speaker 2>and Kentucky resolutions. What was the alien right? And the

606
00:32:36.799 --> 00:32:41.559
<v Speaker 2>courts had no problem with applying punishments for seditious and

607
00:32:41.680 --> 00:32:44.119
<v Speaker 2>libelist speech after the fact. And so by the time

608
00:32:44.160 --> 00:32:47.599
<v Speaker 2>you get to New York Times, I agree.

609
00:32:48.000 --> 00:32:50.440
<v Speaker 3>I agree on New York Times versus Solion point. I

610
00:32:50.480 --> 00:32:53.960
<v Speaker 3>just don't think that that's the that's the central issue

611
00:32:54.039 --> 00:32:54.880
<v Speaker 3>for first gonment.

612
00:32:54.960 --> 00:32:56.680
<v Speaker 2>Well, we're making progress with John Lucre.

613
00:32:59.720 --> 00:33:02.039
<v Speaker 1>I don't even remember the context now that they're looking

614
00:33:02.079 --> 00:33:06.960
<v Speaker 1>at prosecute the Trump administration is looking at prosecuting some

615
00:33:07.079 --> 00:33:12.680
<v Speaker 1>former Biden administration officials under the seventeen ninety eight Sedition Act.

616
00:33:14.519 --> 00:33:18.839
<v Speaker 2>You mentioned that I think that's going a little too far.

617
00:33:18.920 --> 00:33:20.960
<v Speaker 3>You don't want to resurrect the aliens edition XT to

618
00:33:21.000 --> 00:33:21.720
<v Speaker 3>you really.

619
00:33:22.000 --> 00:33:26.240
<v Speaker 1>So it might be the retribution for resurrecting the Logan Act.

620
00:33:26.440 --> 00:33:26.920
<v Speaker 4>I don't know.

621
00:33:29.480 --> 00:33:32.640
<v Speaker 1>I thought, I think that's go ahead.

622
00:33:33.079 --> 00:33:35.759
<v Speaker 3>Well, I think the action such as you know, where

623
00:33:35.759 --> 00:33:38.400
<v Speaker 3>the action for First Amendment rights is going to be

624
00:33:38.519 --> 00:33:42.599
<v Speaker 3>is not the change in the New York Times versus

625
00:33:42.599 --> 00:33:46.160
<v Speaker 3>Elivan's standard, though that has been corrosive in a way.

626
00:33:46.920 --> 00:33:50.000
<v Speaker 3>But I think it's going to be actually, how did

627
00:33:50.000 --> 00:33:54.160
<v Speaker 3>you put it, different kinds of speech, like speech by

628
00:33:54.519 --> 00:33:59.200
<v Speaker 3>government employees, speech by social media like I think that's

629
00:33:59.279 --> 00:34:01.400
<v Speaker 3>the going to be the harder thing, Like the case

630
00:34:01.440 --> 00:34:05.359
<v Speaker 3>that we saw with the efforts a COVID censorship COVID censorship,

631
00:34:05.400 --> 00:34:10.360
<v Speaker 3>remember the government not prohibiting the speech itself, but trying

632
00:34:10.400 --> 00:34:14.159
<v Speaker 3>to persuade social media companies to do it for them.

633
00:34:14.599 --> 00:34:17.960
<v Speaker 3>I think that's where the real hard questions in the

634
00:34:18.000 --> 00:34:20.119
<v Speaker 3>future are going to be about the free speech class,

635
00:34:20.159 --> 00:34:23.400
<v Speaker 3>not so much the standard, but what comes within the

636
00:34:23.440 --> 00:34:25.920
<v Speaker 3>scope of free speech at all.

637
00:34:26.800 --> 00:34:29.280
<v Speaker 1>I don't disagree. I do think that they'll probably revisit

638
00:34:29.360 --> 00:34:33.440
<v Speaker 1>the absence of malice standard. My point we discussed briefly

639
00:34:33.480 --> 00:34:36.280
<v Speaker 1>the last time is that they've begun in many ways,

640
00:34:36.559 --> 00:34:39.000
<v Speaker 1>because it's probably so hard to figure out who is

641
00:34:39.039 --> 00:34:41.800
<v Speaker 1>and who is not genuinely a public figure, they've begun

642
00:34:41.880 --> 00:34:47.760
<v Speaker 1>to to apply some kind of malice standard to any

643
00:34:47.840 --> 00:34:50.079
<v Speaker 1>libel suit or slander suit, it seems to me.

644
00:34:50.199 --> 00:34:51.079
<v Speaker 4>But my.

645
00:34:53.159 --> 00:34:57.079
<v Speaker 1>Back to the Missouri versus what was the actual case

646
00:34:57.119 --> 00:34:57.400
<v Speaker 1>that went.

647
00:34:57.320 --> 00:35:01.679
<v Speaker 3>To more important Murphy Murph the case about book.

648
00:35:02.320 --> 00:35:06.039
<v Speaker 1>Yeah, and I would say that you're probably right, and

649
00:35:06.480 --> 00:35:08.000
<v Speaker 1>a little bit of proof of what you just said

650
00:35:08.000 --> 00:35:10.400
<v Speaker 1>about how those are the most difficult issues is that

651
00:35:10.480 --> 00:35:17.679
<v Speaker 1>the dread coward Roberts refuse to take it up. And

652
00:35:17.760 --> 00:35:20.599
<v Speaker 1>of course it's turned out that that you know, they're

653
00:35:21.320 --> 00:35:25.519
<v Speaker 1>the whole standing the issue that somehow Missouri didn't have standing.

654
00:35:25.639 --> 00:35:28.800
<v Speaker 1>I don't know how they did. It's so dumb. But

655
00:35:29.840 --> 00:35:34.079
<v Speaker 1>one of the most important questions that the Supreme Court

656
00:35:34.119 --> 00:35:37.960
<v Speaker 1>has ever been asked to decide, and one critical to

657
00:35:38.920 --> 00:35:42.840
<v Speaker 1>I think critical to the success of our republican form

658
00:35:42.880 --> 00:35:46.599
<v Speaker 1>of government, is that the government cannot use the means

659
00:35:46.599 --> 00:35:49.280
<v Speaker 1>of communication out there or the media, whatever you want

660
00:35:49.320 --> 00:35:52.760
<v Speaker 1>to call it, whether it's social media or otherwise, coerce

661
00:35:52.800 --> 00:35:58.320
<v Speaker 1>it into regime propaganda, which is exactly what happened during

662
00:35:58.320 --> 00:36:02.119
<v Speaker 1>the Biden administration. And again, Roberts is such a coward.

663
00:36:02.199 --> 00:36:08.119
<v Speaker 1>He just punts on the issue, refusing standing. I think

664
00:36:08.159 --> 00:36:10.599
<v Speaker 1>that they're going to have to decide that issue. And

665
00:36:11.519 --> 00:36:14.719
<v Speaker 1>all of the evidence indicates that the Biden administration was

666
00:36:14.840 --> 00:36:17.800
<v Speaker 1>corrupt and tyrannical about it.

667
00:36:17.880 --> 00:36:21.480
<v Speaker 3>I mean, I only one of the executive orders actually

668
00:36:21.519 --> 00:36:25.440
<v Speaker 3>that Trump signed has called something about ending censorship by

669
00:36:25.440 --> 00:36:29.719
<v Speaker 3>the federal government, and I think he ordered every federal

670
00:36:29.719 --> 00:36:33.039
<v Speaker 3>agency and include the Justice Department, to try to collect

671
00:36:33.159 --> 00:36:37.599
<v Speaker 3>information on any kinds of similar uses of social media

672
00:36:37.679 --> 00:36:40.880
<v Speaker 3>by the Biden administration, of the last or even before

673
00:36:40.880 --> 00:36:42.760
<v Speaker 3>the Bide administration. But it focuses on the last four

674
00:36:42.840 --> 00:36:45.519
<v Speaker 3>years and report it to the public and to determine

675
00:36:45.559 --> 00:36:48.400
<v Speaker 3>whether any laws were violated. So we may learn a

676
00:36:48.440 --> 00:36:52.360
<v Speaker 3>lot more soon about what the government did to deep

677
00:36:52.360 --> 00:36:53.880
<v Speaker 3>platform and censor people.

678
00:36:54.719 --> 00:36:57.559
<v Speaker 1>Let's take a quick break for our sponsors and come

679
00:36:57.599 --> 00:37:00.000
<v Speaker 1>back and dig into this a little bit deeper before

680
00:37:00.079 --> 00:37:03.039
<v Speaker 1>for Steve makes me shut the whole thing down. You

681
00:37:03.119 --> 00:37:10.519
<v Speaker 1>know who he is. So this whole thing about freedom

682
00:37:10.559 --> 00:37:15.280
<v Speaker 1>of speech, libel, we started talking about it last week

683
00:37:15.320 --> 00:37:19.039
<v Speaker 1>and never finished because of the ruling against CNN. Now,

684
00:37:19.039 --> 00:37:23.119
<v Speaker 1>as I recall, it was the Navy Seals and it

685
00:37:23.239 --> 00:37:26.880
<v Speaker 1>last name was Young. He had been he had been

686
00:37:26.920 --> 00:37:32.480
<v Speaker 1>libeled by CNN, the first and most important aspect of

687
00:37:32.679 --> 00:37:36.199
<v Speaker 1>any libel cases, whether or not it's true. There was

688
00:37:36.239 --> 00:37:39.199
<v Speaker 1>an early ruling by the judge that what CNN accused

689
00:37:39.239 --> 00:37:42.840
<v Speaker 1>him of was absolutely not true. But they did have

690
00:37:43.000 --> 00:37:47.000
<v Speaker 1>to John, it seems to me, in order to continue

691
00:37:47.039 --> 00:37:51.320
<v Speaker 1>the case. They were showing the malice, not just that.

692
00:37:51.519 --> 00:37:55.639
<v Speaker 1>They were showing that not only did what's his name

693
00:37:56.599 --> 00:38:00.679
<v Speaker 1>Jake Tapper, Jake Tapper and others know that what they

694
00:38:00.679 --> 00:38:03.159
<v Speaker 1>said wasn't true, but they were saying it was with

695
00:38:03.599 --> 00:38:07.400
<v Speaker 1>actual malice. They were saying it purposefully knowing it was untrue,

696
00:38:08.039 --> 00:38:10.199
<v Speaker 1>et cetera. So explain that a little bit too.

697
00:38:10.119 --> 00:38:11.960
<v Speaker 2>Well, just to add for listeners. I mean, they had

698
00:38:12.000 --> 00:38:14.480
<v Speaker 2>the emails of the producers saying, I'm going to nail

699
00:38:14.519 --> 00:38:17.159
<v Speaker 2>this m effort. I mean, the motivation to get this

700
00:38:17.199 --> 00:38:19.719
<v Speaker 2>guy was clear. I mean, you talk about smoking guns

701
00:38:20.239 --> 00:38:22.639
<v Speaker 2>and by the way, I didn't you know did CNN claim?

702
00:38:22.719 --> 00:38:22.800
<v Speaker 1>Well?

703
00:38:22.800 --> 00:38:25.119
<v Speaker 2>Wait, because of course under New York Times, if you're

704
00:38:25.159 --> 00:38:27.639
<v Speaker 2>a public figure, the bar is higher, and I think

705
00:38:27.719 --> 00:38:29.880
<v Speaker 2>CNN was claiming, well, we reported on him, that made

706
00:38:29.960 --> 00:38:30.840
<v Speaker 2>him a public figure.

707
00:38:31.599 --> 00:38:33.159
<v Speaker 3>Really he wasn't a public figure.

708
00:38:33.239 --> 00:38:36.079
<v Speaker 2>No, I mean, but that's okay, go ahead, John, No, No,

709
00:38:36.079 --> 00:38:36.320
<v Speaker 2>I mean.

710
00:38:36.519 --> 00:38:38.920
<v Speaker 3>This is the reason why New York Times versus Sullivan

711
00:38:39.880 --> 00:38:44.280
<v Speaker 3>will quite popular, I think with progressives. Just you know,

712
00:38:44.320 --> 00:38:46.960
<v Speaker 3>it makes no effort to fit into the original understanding.

713
00:38:46.960 --> 00:38:50.119
<v Speaker 3>This whole structure of it's just you know, clearly just

714
00:38:50.199 --> 00:38:53.840
<v Speaker 3>created by judges. So if you're a public figure versus

715
00:38:53.920 --> 00:38:56.639
<v Speaker 3>if you're a private figure makes all the difference, because

716
00:38:56.679 --> 00:38:59.360
<v Speaker 3>if you're a private figure, then the truth, you know,

717
00:38:59.360 --> 00:39:03.119
<v Speaker 3>when the crecious talk about this, or the traditional libel

718
00:39:03.760 --> 00:39:06.639
<v Speaker 3>and defamation law that still exists in the other common

719
00:39:06.679 --> 00:39:10.239
<v Speaker 3>law countries would go into effect. And that's just did

720
00:39:10.280 --> 00:39:13.559
<v Speaker 3>someone say something untrue about you which harmed your reputation.

721
00:39:14.719 --> 00:39:19.159
<v Speaker 3>That's But if you're a public figure, then you have

722
00:39:19.239 --> 00:39:22.199
<v Speaker 3>to show and the absence of malice standard is a

723
00:39:22.199 --> 00:39:25.159
<v Speaker 3>little misleading in what it implies. So you have to

724
00:39:25.679 --> 00:39:31.760
<v Speaker 3>show that the newspaper or media outlet had malice in

725
00:39:31.840 --> 00:39:34.519
<v Speaker 3>some ways. So if there's a yes, So if there's

726
00:39:34.519 --> 00:39:37.400
<v Speaker 3>an absence of malice on the part of the press,

727
00:39:38.000 --> 00:39:40.760
<v Speaker 3>then they get out of it, even though there's nothing

728
00:39:40.760 --> 00:39:43.960
<v Speaker 3>in the First Amendment which suggest public figures our government

729
00:39:44.000 --> 00:39:48.639
<v Speaker 3>officials are subject to a different standard than regular people,

730
00:39:49.039 --> 00:39:50.360
<v Speaker 3>and that's not the way it is say in the

731
00:39:50.440 --> 00:39:55.440
<v Speaker 3>United Kingdom. In fact, I think that Prince Harry or

732
00:39:55.440 --> 00:39:58.159
<v Speaker 3>Prince William just won a case just the other day

733
00:39:58.719 --> 00:40:04.159
<v Speaker 3>against against the newspaper, So that has just no rooting

734
00:40:04.159 --> 00:40:07.119
<v Speaker 3>in the original understanding. Now, the interesting thing about how

735
00:40:07.159 --> 00:40:09.599
<v Speaker 3>the law works is that you don't have to show

736
00:40:10.159 --> 00:40:12.559
<v Speaker 3>this this male stander doesn't. You don't have to actually

737
00:40:12.599 --> 00:40:14.760
<v Speaker 3>show what Steve was saying. They did show on this

738
00:40:14.840 --> 00:40:18.079
<v Speaker 3>trial that they were you know, they had bad motives.

739
00:40:19.000 --> 00:40:21.880
<v Speaker 3>It's really more about did you know you were publishing

740
00:40:21.960 --> 00:40:26.920
<v Speaker 3>something that was untrue and you decided to publish it anyway? Right,

741
00:40:27.480 --> 00:40:32.079
<v Speaker 3>so you know, did you even could you reckulously? Sometimes

742
00:40:32.079 --> 00:40:34.559
<v Speaker 3>there have been cases where the TV, you know, the

743
00:40:34.599 --> 00:40:37.760
<v Speaker 3>media outlet has lost because they recklessly ignored all the

744
00:40:37.800 --> 00:40:40.760
<v Speaker 3>other evidence that they easily could have seen showing that

745
00:40:40.800 --> 00:40:45.599
<v Speaker 3>they were about to publish was wrong. But again that

746
00:40:45.679 --> 00:40:47.599
<v Speaker 3>you know where you know so well, you know, I

747
00:40:47.599 --> 00:40:50.199
<v Speaker 3>can kind of see where this is why the court

748
00:40:50.239 --> 00:40:53.440
<v Speaker 3>decided what they did. But they went too far because

749
00:40:53.440 --> 00:40:55.280
<v Speaker 3>if you look at the original facts of New York

750
00:40:55.320 --> 00:40:59.400
<v Speaker 3>Times versus Sullivan. Right. This is a case by a

751
00:40:59.480 --> 00:41:03.559
<v Speaker 3>Southern side coggregationist against the New York Times, Right, and

752
00:41:03.920 --> 00:41:06.960
<v Speaker 3>for I believe the New York Times published a negative

753
00:41:06.960 --> 00:41:11.800
<v Speaker 3>story about segregationists, and so he sued them in state

754
00:41:11.880 --> 00:41:16.559
<v Speaker 3>court under common law libel and so the court, I mean,

755
00:41:16.559 --> 00:41:18.159
<v Speaker 3>the court just went too far.

756
00:41:19.159 --> 00:41:21.079
<v Speaker 1>But thought they could get away with it because of this,

757
00:41:21.239 --> 00:41:21.599
<v Speaker 1>and they.

758
00:41:21.480 --> 00:41:24.599
<v Speaker 3>Did get away with it.

759
00:41:24.840 --> 00:41:27.000
<v Speaker 2>Can I add in what should be an obvious point,

760
00:41:27.000 --> 00:41:29.360
<v Speaker 2>but I think has been forgotten And there's something you

761
00:41:29.440 --> 00:41:31.800
<v Speaker 2>said about libel laws in the UK, John that prompted

762
00:41:31.800 --> 00:41:34.239
<v Speaker 2>this thought. New York Times versus Sullivan is what a

763
00:41:34.360 --> 00:41:38.000
<v Speaker 2>private action? The last week's case of CNN versus Young

764
00:41:38.119 --> 00:41:40.960
<v Speaker 2>is a private action. The First Amendment says Congress shall

765
00:41:41.000 --> 00:41:42.840
<v Speaker 2>make no law, I mean, the government shall make no

766
00:41:42.920 --> 00:41:46.440
<v Speaker 2>law restricting freedom of speech. But we've extended that coverage

767
00:41:46.440 --> 00:41:50.119
<v Speaker 2>of protection of the First Amendment in private actions. Now

768
00:41:50.159 --> 00:41:52.599
<v Speaker 2>in Britain, as we know, and I think you're hinted

769
00:41:52.599 --> 00:41:55.239
<v Speaker 2>at this, and if listeners aren't clear, the libel laws

770
00:41:55.239 --> 00:41:57.480
<v Speaker 2>are much more as we would say, liberal. It's much

771
00:41:57.519 --> 00:42:00.400
<v Speaker 2>more easy to win a libel case. In court. In Britain,

772
00:42:00.840 --> 00:42:03.639
<v Speaker 2>Winston Churchill won a famous libel case against him back

773
00:42:03.679 --> 00:42:05.320
<v Speaker 2>in the I don't know the twenties from someone in

774
00:42:05.360 --> 00:42:07.199
<v Speaker 2>the paper who said he was a gay or you know,

775
00:42:07.199 --> 00:42:08.559
<v Speaker 2>a sodomite or something like that.

776
00:42:08.639 --> 00:42:08.800
<v Speaker 1>Right.

777
00:42:09.800 --> 00:42:12.360
<v Speaker 2>Well, but the difference is in Britain they are able,

778
00:42:12.440 --> 00:42:15.119
<v Speaker 2>the government is able to censor people, and they do

779
00:42:15.199 --> 00:42:18.159
<v Speaker 2>that much more aggressively than we do. So, in other words,

780
00:42:18.159 --> 00:42:20.840
<v Speaker 2>our first member of protections against the government, as porous

781
00:42:20.880 --> 00:42:23.559
<v Speaker 2>as they are in some places like Murthy for Missouri

782
00:42:23.599 --> 00:42:27.199
<v Speaker 2>bi Murthy proved, are better than England, where this private

783
00:42:27.239 --> 00:42:30.400
<v Speaker 2>party is actually has more ability to sue and collect

784
00:42:30.480 --> 00:42:33.280
<v Speaker 2>under libel, but has less ability to defend their free

785
00:42:33.280 --> 00:42:35.880
<v Speaker 2>speech rights against their own government. And we need to

786
00:42:35.920 --> 00:42:36.760
<v Speaker 2>sort that out.

787
00:42:37.000 --> 00:42:40.000
<v Speaker 3>Well, that prompts this argument that Lucretia, you and I

788
00:42:40.039 --> 00:42:45.159
<v Speaker 3>were having by text about whether writing down the rights

789
00:42:45.360 --> 00:42:47.920
<v Speaker 3>is more protective, which is what we do in the

790
00:42:48.000 --> 00:42:51.039
<v Speaker 3>United States versus a country, whether the rights are not

791
00:42:51.079 --> 00:42:54.800
<v Speaker 3>written down like Great Britain. You know, Great Britain. You know,

792
00:42:54.840 --> 00:42:57.599
<v Speaker 3>if you talk to British lawyers or British politicians, they

793
00:42:57.639 --> 00:43:00.440
<v Speaker 3>think they have free speech there, just you know, they

794
00:43:00.440 --> 00:43:02.400
<v Speaker 3>think they have free speech tradition there, just like we

795
00:43:02.440 --> 00:43:04.800
<v Speaker 3>do here. But when you look at it, I think

796
00:43:04.800 --> 00:43:07.519
<v Speaker 3>it's a lot of narrower there, yes, than it is here.

797
00:43:07.559 --> 00:43:09.599
<v Speaker 3>I mean, you can be right, you can be punished

798
00:43:09.639 --> 00:43:12.719
<v Speaker 3>for hate speech, yes, and Great Britain, actually in all of.

799
00:43:12.679 --> 00:43:15.920
<v Speaker 2>Europe, but in Britain, and you get.

800
00:43:15.960 --> 00:43:17.920
<v Speaker 3>I mean, I think the free speech there is a

801
00:43:17.960 --> 00:43:20.679
<v Speaker 3>subject to government control the Official Secrets Act, but also

802
00:43:21.039 --> 00:43:24.880
<v Speaker 3>to the diversity. The dei industry is much more powerful

803
00:43:24.920 --> 00:43:28.239
<v Speaker 3>there when it comes to suppressing speech. I always think

804
00:43:28.320 --> 00:43:32.360
<v Speaker 3>that shows that the anti federalists right, so that you know,

805
00:43:32.440 --> 00:43:35.079
<v Speaker 3>that might show that may actually show that the anti

806
00:43:35.119 --> 00:43:39.719
<v Speaker 3>federalists were right, which is what I was arguing about

807
00:43:39.760 --> 00:43:40.639
<v Speaker 3>against before.

808
00:43:40.679 --> 00:43:43.480
<v Speaker 2>But wait, and weren't they taking Hamilton's position that the

809
00:43:43.480 --> 00:43:43.960
<v Speaker 2>Bill of Rights?

810
00:43:44.440 --> 00:43:47.199
<v Speaker 3>Yeah, so that the English would be taking Hamilton's position

811
00:43:47.559 --> 00:43:50.079
<v Speaker 3>and the anti federalists would be taking the position we're

812
00:43:50.119 --> 00:43:52.119
<v Speaker 3>talking about now that actually maybe the anti federalists were

813
00:43:52.199 --> 00:43:55.960
<v Speaker 3>right that writing down the Free Speech Club. That's not

814
00:43:56.039 --> 00:43:58.079
<v Speaker 3>the position I was taking in the arguments we had.

815
00:43:58.079 --> 00:44:02.840
<v Speaker 3>But I'm just saying crompt those positions. We were just

816
00:44:02.920 --> 00:44:03.639
<v Speaker 3>talking about.

817
00:44:03.400 --> 00:44:05.320
<v Speaker 2>It, and I just say, if we keep changing places,

818
00:44:05.400 --> 00:44:09.280
<v Speaker 2>John we're going to confuse gen Yarborough stop.

819
00:44:10.199 --> 00:44:12.920
<v Speaker 1>I actually want to take that up because I'm not

820
00:44:13.280 --> 00:44:17.239
<v Speaker 1>necessarily disagreeing with you. My point is a deeper one, John,

821
00:44:17.800 --> 00:44:21.159
<v Speaker 1>My point is, and it takes us into the last

822
00:44:21.199 --> 00:44:24.280
<v Speaker 1>section of our discussion of this My what I want

823
00:44:24.280 --> 00:44:28.440
<v Speaker 1>to bring to the table. My point is that the

824
00:44:28.639 --> 00:44:34.840
<v Speaker 1>education of Americans in their in their freedoms. I'm not

825
00:44:34.880 --> 00:44:36.679
<v Speaker 1>even going to call it rights. I'm going to call

826
00:44:36.719 --> 00:44:43.480
<v Speaker 1>it freedoms. The education that Americans fully understand that government

827
00:44:43.880 --> 00:44:48.079
<v Speaker 1>cannot should not make laws abridging their freedom of speech

828
00:44:49.920 --> 00:44:53.639
<v Speaker 1>is in and of itself a powerful force. And I

829
00:44:53.679 --> 00:44:56.239
<v Speaker 1>don't necessarily want to go back into that whole discussion

830
00:44:56.239 --> 00:44:58.199
<v Speaker 1>of the Bill of Rights. I think we should concentrate

831
00:44:58.239 --> 00:45:00.320
<v Speaker 1>on it and do a really good job time in

832
00:45:00.360 --> 00:45:05.039
<v Speaker 1>the future. But what Hamilton's saying in his argument against

833
00:45:05.039 --> 00:45:08.079
<v Speaker 1>it is that what you do is you educate the

834
00:45:08.119 --> 00:45:11.000
<v Speaker 1>people deep. The deep point is you educate the people

835
00:45:11.039 --> 00:45:13.199
<v Speaker 1>to believe that Congress can do whatever it wants to

836
00:45:13.199 --> 00:45:16.400
<v Speaker 1>do unless you carve out from that certain rights for

837
00:45:16.440 --> 00:45:20.760
<v Speaker 1>the people that stops them limitations on Congress, where in fact,

838
00:45:21.079 --> 00:45:24.360
<v Speaker 1>a written constitution is nothing more than a grant of

839
00:45:24.400 --> 00:45:28.519
<v Speaker 1>power to Congress whether you know, it's very difficult for

840
00:45:28.599 --> 00:45:33.360
<v Speaker 1>me to argue that Hamilton was right, because we've had

841
00:45:33.360 --> 00:45:37.039
<v Speaker 1>a Bill of Rights, we've had that education of people

842
00:45:37.920 --> 00:45:41.280
<v Speaker 1>of the American people for you know, over two hundred

843
00:45:41.360 --> 00:45:46.360
<v Speaker 1>years now in the their freedoms as outlined in First Amendment,

844
00:45:46.480 --> 00:45:52.559
<v Speaker 1>et cetera. The question again, really interesting question, I think

845
00:45:52.599 --> 00:45:54.800
<v Speaker 1>that we could spend a long time about. But what

846
00:45:54.880 --> 00:45:57.199
<v Speaker 1>I would argue is, regardless of whether it came from

847
00:45:57.639 --> 00:46:02.320
<v Speaker 1>their fundamental understanding of their sovereignty or they're being educated

848
00:46:02.360 --> 00:46:04.920
<v Speaker 1>in the freedoms they have under the Bill of Rights,

849
00:46:05.199 --> 00:46:08.599
<v Speaker 1>Americans are very much committed to it. And it turned

850
00:46:08.639 --> 00:46:11.719
<v Speaker 1>out to be, in my opinion, in many ways, the

851
00:46:11.760 --> 00:46:17.440
<v Speaker 1>difference in this election, because what you had were enough

852
00:46:17.480 --> 00:46:22.760
<v Speaker 1>Americans upset about the fact that the Biden administration was

853
00:46:22.840 --> 00:46:30.760
<v Speaker 1>in fact using its powers to force the regime message

854
00:46:30.760 --> 00:46:34.800
<v Speaker 1>and force all other messages out of the marketplace of ideas.

855
00:46:35.679 --> 00:46:37.960
<v Speaker 1>And then you had some but this guy, you know,

856
00:46:38.039 --> 00:46:41.119
<v Speaker 1>this crazy autistic guy who says, wow, this seems to

857
00:46:41.159 --> 00:46:45.360
<v Speaker 1>be problematic, and he buys Twitter. And Twitter's not the

858
00:46:45.440 --> 00:46:48.559
<v Speaker 1>only place where alternative views get put out there, but

859
00:46:48.639 --> 00:46:52.360
<v Speaker 1>it's a pretty important one, and all of a sudden,

860
00:46:52.480 --> 00:46:56.760
<v Speaker 1>all the attempts by the regime media to control the

861
00:46:56.760 --> 00:47:02.000
<v Speaker 1>flow of information were destroyed. I mean, I don't know

862
00:47:02.039 --> 00:47:04.719
<v Speaker 1>if you guys saw to forget which congressman really great guy.

863
00:47:04.840 --> 00:47:08.960
<v Speaker 1>He's talking to somebody at CNN. Uh, yes, what was

864
00:47:09.400 --> 00:47:13.480
<v Speaker 1>his name? Who's the Yeah, that's him.

865
00:47:13.559 --> 00:47:15.800
<v Speaker 2>Oh, Jim Acosta, though, Jim Acosta.

866
00:47:15.920 --> 00:47:18.960
<v Speaker 1>He's talking to Jim Acosta, and Jim Acosta gets really upset.

867
00:47:19.000 --> 00:47:21.920
<v Speaker 1>They're talking about the pardon John, and Jim Acosta gets

868
00:47:21.960 --> 00:47:25.199
<v Speaker 1>really upset, and you know, insists that CNN showed all

869
00:47:25.239 --> 00:47:28.719
<v Speaker 1>the horrible violence, how many thousands of police officers were

870
00:47:28.800 --> 00:47:31.119
<v Speaker 1>killed by January six protesters. And then it was on

871
00:47:31.280 --> 00:47:33.880
<v Speaker 1>our news and it's or you're not talking to Fox here,

872
00:47:33.920 --> 00:47:37.400
<v Speaker 1>You're talking to CNN real news. And the congressman comes

873
00:47:37.400 --> 00:47:40.400
<v Speaker 1>back and says, that's why more people watch episodes of

874
00:47:40.440 --> 00:47:46.480
<v Speaker 1>sp SpongeBob, was it called square Pants? Yes, then watch

875
00:47:46.599 --> 00:47:49.559
<v Speaker 1>CNN something along those lines, and it was just hilarious.

876
00:47:49.599 --> 00:47:52.199
<v Speaker 1>But the point is you can do that now. It

877
00:47:52.320 --> 00:47:56.079
<v Speaker 1>used to be that CNN could control the narrative most

878
00:47:56.119 --> 00:47:57.719
<v Speaker 1>of the time, and before that it was you know,

879
00:47:58.320 --> 00:48:02.239
<v Speaker 1>Walter Cronkite. But in anyway, So enough about that. My

880
00:48:02.719 --> 00:48:07.559
<v Speaker 1>further point is that has spread. They don't have the

881
00:48:07.639 --> 00:48:14.559
<v Speaker 1>same protections for the First Amendment in Great Britain. But

882
00:48:14.679 --> 00:48:18.639
<v Speaker 1>all of a sudden American commitment to freedom of speech

883
00:48:18.840 --> 00:48:23.559
<v Speaker 1>and social media, worldwide Internet, et cetera, et cetera, and

884
00:48:23.679 --> 00:48:25.880
<v Speaker 1>all of a sudden you're seeing it make a difference

885
00:48:25.880 --> 00:48:27.119
<v Speaker 1>in places like Great Britain.

886
00:48:27.440 --> 00:48:31.599
<v Speaker 3>So I think you're making two different points. So I

887
00:48:31.960 --> 00:48:36.679
<v Speaker 3>could I could totally take the argument that Americans now

888
00:48:37.440 --> 00:48:41.239
<v Speaker 3>have lost their connection to the sort of natural right

889
00:48:41.719 --> 00:48:45.000
<v Speaker 3>environment to the founding, don't think of rights as being

890
00:48:45.039 --> 00:48:47.800
<v Speaker 3>unenumerated and really sort of think of rights as those

891
00:48:48.199 --> 00:48:51.440
<v Speaker 3>in the written document. I don't think that's the fault

892
00:48:51.440 --> 00:48:53.559
<v Speaker 3>of writing them down in the written document. That's a

893
00:48:54.079 --> 00:48:57.159
<v Speaker 3>what you're talking about is, you know, much bigger, deeper issue.

894
00:48:57.239 --> 00:48:59.920
<v Speaker 3>I don't think it's really affected by the writing of

895
00:49:00.039 --> 00:49:02.880
<v Speaker 3>the rights down or not. I mean, because again, look

896
00:49:02.920 --> 00:49:05.519
<v Speaker 3>at England, right, they did write the rights down. I

897
00:49:05.559 --> 00:49:08.480
<v Speaker 3>would say they have even less of a view of

898
00:49:08.639 --> 00:49:13.320
<v Speaker 3>rights being unenumerated and inherently natural than we do now.

899
00:49:13.840 --> 00:49:17.800
<v Speaker 3>I do think though that we always no I don

900
00:49:17.800 --> 00:49:20.400
<v Speaker 3>at the time of the Founding, the founders thought they were,

901
00:49:20.880 --> 00:49:23.559
<v Speaker 3>you know, we're storing English rights. I mean, I think

902
00:49:23.559 --> 00:49:25.559
<v Speaker 3>that we might have started out the same point that

903
00:49:25.960 --> 00:49:29.079
<v Speaker 3>what's interesting is how rapidly they lost it and we

904
00:49:29.199 --> 00:49:30.719
<v Speaker 3>kept it. But the other thing I want to just

905
00:49:30.800 --> 00:49:34.119
<v Speaker 3>point out is I think the writing the Constitution has

906
00:49:34.320 --> 00:49:37.960
<v Speaker 3>this beneficial effect which is and this is an argument

907
00:49:38.000 --> 00:49:40.119
<v Speaker 3>that people are having about the Founding, which is, is

908
00:49:40.119 --> 00:49:43.320
<v Speaker 3>the Constitution a legal document or a political document? And

909
00:49:43.360 --> 00:49:46.760
<v Speaker 3>so sometimes I think the creature you're suggesting the constitutions

910
00:49:46.880 --> 00:49:49.880
<v Speaker 3>a political document, but it is also a legal document,

911
00:49:49.880 --> 00:49:52.320
<v Speaker 3>which means that you can go into court and you

912
00:49:52.360 --> 00:49:56.079
<v Speaker 3>can defend your written rights because the rights are are

913
00:49:56.679 --> 00:49:59.320
<v Speaker 3>right set out in the document. And that's that's something

914
00:49:59.320 --> 00:50:02.159
<v Speaker 3>that Marshall's says for the first time in Marbury. Well,

915
00:50:02.400 --> 00:50:05.559
<v Speaker 3>the Constitution is not just this political document which you

916
00:50:05.639 --> 00:50:08.199
<v Speaker 3>use just for self organization and you can look at

917
00:50:08.480 --> 00:50:11.320
<v Speaker 3>to take his inspiration, but it's also something you go

918
00:50:11.320 --> 00:50:13.199
<v Speaker 3>into court and it makes a difference you win or

919
00:50:13.239 --> 00:50:16.280
<v Speaker 3>lose cases based on it. That's something that's new in

920
00:50:16.320 --> 00:50:19.639
<v Speaker 3>the That's what the Americans. Event we get written constitution.

921
00:50:19.920 --> 00:50:22.400
<v Speaker 2>That's right, all right, But the number of our argument

922
00:50:22.400 --> 00:50:24.480
<v Speaker 2>about natural law, John and not to divert here. I'm

923
00:50:24.480 --> 00:50:27.360
<v Speaker 2>just gonna plant this for now. Is that the debate is,

924
00:50:27.559 --> 00:50:30.440
<v Speaker 2>I think, is how much of the political side of

925
00:50:30.440 --> 00:50:34.039
<v Speaker 2>the Constitution needs to inform the legal side of the

926
00:50:34.119 --> 00:50:36.719
<v Speaker 2>judgments that come out of it. That's a short sentence

927
00:50:36.719 --> 00:50:39.000
<v Speaker 2>for a lot. But look, I want to back up.

928
00:50:39.480 --> 00:50:42.199
<v Speaker 3>Use some kind of like intellectual Johnny apple Seed running

929
00:50:42.239 --> 00:50:45.280
<v Speaker 3>around throwing all kinds of seeds hoping they're going to grow.

930
00:50:45.519 --> 00:50:47.880
<v Speaker 3>My job is to take a big food and squash

931
00:50:47.960 --> 00:50:48.360
<v Speaker 3>them all.

932
00:50:48.800 --> 00:50:51.880
<v Speaker 2>All right. First of all, just for listeners who may

933
00:50:51.920 --> 00:50:54.480
<v Speaker 2>not know exactly what we're talking about, it's is it

934
00:50:54.599 --> 00:50:56.320
<v Speaker 2>Federalist eighty four or Hamilton?

935
00:50:57.559 --> 00:50:59.800
<v Speaker 1>Yeah, so I thought we were going to do this tonight.

936
00:50:59.800 --> 00:51:02.639
<v Speaker 2>No I'm not. I'm just gonna say as reference and

937
00:51:02.639 --> 00:51:05.400
<v Speaker 2>then get back to something you said, Lucretia. What Hamilton

938
00:51:05.440 --> 00:51:07.519
<v Speaker 2>says in eighty four is a bill of rights to

939
00:51:07.639 --> 00:51:10.280
<v Speaker 2>be dangerous because we leave things out. So the way

940
00:51:10.280 --> 00:51:13.320
<v Speaker 2>I explained it is people the legislature comes along and says, well,

941
00:51:13.320 --> 00:51:15.880
<v Speaker 2>the Bill of right says we can't you know, take

942
00:51:15.920 --> 00:51:18.159
<v Speaker 2>your guns away and bridge your speech. It didn't say

943
00:51:18.159 --> 00:51:20.840
<v Speaker 2>we can't tax dwarves, right. I mean, that's sold sort

944
00:51:20.880 --> 00:51:22.440
<v Speaker 2>of common law contract law language.

945
00:51:22.639 --> 00:51:28.119
<v Speaker 3>I'm all for taxing Dwarves me too.

946
00:51:28.639 --> 00:51:31.440
<v Speaker 2>Starting with Robert Rice, you should have one hundred percent. Okay,

947
00:51:32.079 --> 00:51:34.679
<v Speaker 2>but see Lucretia. You had said something interesting a second ago,

948
00:51:35.000 --> 00:51:38.119
<v Speaker 2>very quickly, which was what I think John said. Americans

949
00:51:38.159 --> 00:51:40.440
<v Speaker 2>think their right to free speech is anchored at First Amendment,

950
00:51:41.119 --> 00:51:44.320
<v Speaker 2>and in modern times you said they always did. I'm

951
00:51:44.320 --> 00:51:47.519
<v Speaker 2>not sure that's quite right. And here's my proposition. I'm

952
00:51:47.599 --> 00:51:50.679
<v Speaker 2>conflicted about this. Let me brief detour. I think you've

953
00:51:50.719 --> 00:51:53.360
<v Speaker 2>been president John when I have dissented with Alan Dershowitz

954
00:51:53.519 --> 00:51:56.320
<v Speaker 2>and Dean Chamerinsky saying I may be the left of

955
00:51:56.320 --> 00:51:58.639
<v Speaker 2>you guys. I'm not convinced the Skokie case allow the

956
00:51:58.719 --> 00:52:01.519
<v Speaker 2>Nazis to march in nineteen You have that weird design

957
00:52:01.559 --> 00:52:03.719
<v Speaker 2>it right, I know, and those guys are the PUREU

958
00:52:03.800 --> 00:52:05.840
<v Speaker 2>and you know Durschwitz is part of the case. Here's

959
00:52:05.880 --> 00:52:08.639
<v Speaker 2>my point is, I think Hamilton might have been right

960
00:52:09.480 --> 00:52:12.000
<v Speaker 2>until maybe nineteen eighteen. I mean, we can pick a

961
00:52:12.000 --> 00:52:14.440
<v Speaker 2>lot of arbitrary points in cases, but it's when you

962
00:52:14.440 --> 00:52:16.639
<v Speaker 2>get to the shankcase I mentioned, they give us the clear,

963
00:52:16.719 --> 00:52:20.760
<v Speaker 2>clear and resent danger test and all the ones balancing

964
00:52:20.800 --> 00:52:23.559
<v Speaker 2>tests afterwards that have made a mismash of the First Amendment.

965
00:52:23.920 --> 00:52:26.800
<v Speaker 2>The nowadays people wake up and said, thank god, we

966
00:52:26.880 --> 00:52:28.519
<v Speaker 2>have the First Amendment and the rest of the Bill

967
00:52:28.559 --> 00:52:31.119
<v Speaker 2>of Rights. By the way, the Bill of Rights never

968
00:52:31.199 --> 00:52:33.920
<v Speaker 2>came up in federal court in the nineteenth century. Why not?

969
00:52:34.239 --> 00:52:38.079
<v Speaker 2>I think it's I think because at that point Hamilton's

970
00:52:38.239 --> 00:52:41.199
<v Speaker 2>instinct was people understand the rights, they don't need to

971
00:52:41.320 --> 00:52:44.679
<v Speaker 2>recur to a written statement. That's where I.

972
00:52:44.719 --> 00:52:48.440
<v Speaker 3>Think this, and I think it's different actually because Hamilton

973
00:52:48.519 --> 00:52:51.280
<v Speaker 3>was right because he said, remember in eighty four he says,

974
00:52:51.320 --> 00:52:53.440
<v Speaker 3>the reason why you don't need to write down the

975
00:52:53.480 --> 00:52:55.719
<v Speaker 3>rights done is because otherwise you would imply that the

976
00:52:55.760 --> 00:52:59.199
<v Speaker 3>Federal Garment has power powers. Right yeah, and until right

977
00:52:59.280 --> 00:53:02.360
<v Speaker 3>until the progress in the New Deal, Congress didn't really

978
00:53:02.360 --> 00:53:05.920
<v Speaker 3>exercise that much power avocations.

979
00:53:06.199 --> 00:53:10.719
<v Speaker 1>That's the one thing, too, is never underestimate You hinted

980
00:53:10.719 --> 00:53:12.679
<v Speaker 1>at it, Steve, but I thought, I think to a

981
00:53:12.719 --> 00:53:19.000
<v Speaker 1>different purpose, never underestimate how incredibly damaging our Supreme Court

982
00:53:19.079 --> 00:53:22.559
<v Speaker 1>has been to our understanding of our rights. And that's

983
00:53:22.880 --> 00:53:25.519
<v Speaker 1>I mean, I don't know that that Hamilton per se

984
00:53:25.679 --> 00:53:28.519
<v Speaker 1>ever ever envisioned that to be the problem, because he

985
00:53:28.559 --> 00:53:30.800
<v Speaker 1>seems to you know, to go in the opposite direction.

986
00:53:30.960 --> 00:53:34.960
<v Speaker 1>But my favorite example of this is what happened during COVID,

987
00:53:35.079 --> 00:53:38.559
<v Speaker 1>and you actually had that scumbag Roberts on the Supreme

988
00:53:38.599 --> 00:53:43.159
<v Speaker 1>Court refusing to exercise power, saying, of course you have

989
00:53:43.639 --> 00:53:47.880
<v Speaker 1>a First Amendment freedom of religion, right to ignore any

990
00:53:48.039 --> 00:53:52.280
<v Speaker 1>damn executive order from some community health person that you

991
00:53:52.320 --> 00:53:54.760
<v Speaker 1>can't go to church. Well, they can go to uh

992
00:53:55.079 --> 00:53:58.719
<v Speaker 1>just well the casinos could be open. I mean that

993
00:53:58.719 --> 00:54:01.719
<v Speaker 1>that in and of itself. The fact that we listened

994
00:54:02.239 --> 00:54:06.679
<v Speaker 1>to that idiot have anything to say about what we

995
00:54:06.719 --> 00:54:10.119
<v Speaker 1>could do during COVID is it To this day it

996
00:54:10.159 --> 00:54:11.119
<v Speaker 1>makes me so angry.

997
00:54:11.119 --> 00:54:15.199
<v Speaker 4>I could just scream and you know you shouldn't motives

998
00:54:15.199 --> 00:54:19.159
<v Speaker 4>to John Roberts and call them a scumbago actually just

999
00:54:19.239 --> 00:54:22.679
<v Speaker 4>applying standard First Amendment doctrine unfortunately, and it was close,

1000
00:54:22.760 --> 00:54:23.599
<v Speaker 4>it was five to four.

1001
00:54:23.639 --> 00:54:24.119
<v Speaker 3>I think.

1002
00:54:25.480 --> 00:54:29.719
<v Speaker 1>That's my point exactly, John. I don't care what the

1003
00:54:29.760 --> 00:54:32.760
<v Speaker 1>Supreme Court has to say about my risk, Okay, use

1004
00:54:32.800 --> 00:54:33.480
<v Speaker 1>a different.

1005
00:54:33.159 --> 00:54:36.000
<v Speaker 3>One point is that the country does care in the country.

1006
00:54:35.920 --> 00:54:38.880
<v Speaker 1>And that's we have to. They don't have to, and

1007
00:54:38.920 --> 00:54:42.119
<v Speaker 1>I wish they didn't. I wish they didn't care what

1008
00:54:42.159 --> 00:54:44.800
<v Speaker 1>the Supreme Court said. I wish nobody cared. But anyway,

1009
00:54:45.400 --> 00:54:49.000
<v Speaker 1>because you know, we're every article I've been reading on

1010
00:54:49.039 --> 00:54:51.519
<v Speaker 1>birthright citizenship, well that this will be up to the

1011
00:54:51.559 --> 00:54:58.079
<v Speaker 1>Supreme Court to decide whatever UH think about. Let me

1012
00:54:58.119 --> 00:54:59.840
<v Speaker 1>do this one. Let me do it really quick, because

1013
00:54:59.840 --> 00:55:04.440
<v Speaker 1>we're almost out a time. The right to privacy. I

1014
00:55:04.480 --> 00:55:08.840
<v Speaker 1>would argue that if our constitution, who is it in

1015
00:55:09.800 --> 00:55:13.719
<v Speaker 1>the descent in Holmes versus us or excuse me, ow

1016
00:55:13.719 --> 00:55:16.719
<v Speaker 1>instead versus us the descent in there where he said

1017
00:55:16.760 --> 00:55:18.880
<v Speaker 1>that I can't I won't be able to repeat it tonight.

1018
00:55:18.920 --> 00:55:21.960
<v Speaker 1>But it's a beautiful passage where basically, if our Constitution

1019
00:55:22.079 --> 00:55:25.239
<v Speaker 1>means anything, it means that individuals, that citizens have a

1020
00:55:25.280 --> 00:55:28.719
<v Speaker 1>sphere of privacy into which the government may not intrude.

1021
00:55:29.079 --> 00:55:33.199
<v Speaker 1>I believe that in my whole heart. But what did

1022
00:55:33.199 --> 00:55:37.800
<v Speaker 1>the Supreme Court do? They took the emanations and penumbers

1023
00:55:37.880 --> 00:55:40.239
<v Speaker 1>of the Ninth Amendment and the Fourteenth Amendment and the

1024
00:55:40.239 --> 00:55:42.239
<v Speaker 1>Bill of Rights, and they came up with a right

1025
00:55:42.280 --> 00:55:45.480
<v Speaker 1>to privacy that is what only what the Court defines

1026
00:55:45.519 --> 00:55:48.920
<v Speaker 1>it as it is so the opposite of what we

1027
00:55:48.960 --> 00:55:51.000
<v Speaker 1>should be thinking about when we think about the right

1028
00:55:51.039 --> 00:56:00.920
<v Speaker 1>to privacy. It is, in my opinion, a travesty that how.

1029
00:55:58.800 --> 00:56:05.320
<v Speaker 3>Would it otherwise work? Court didn't you didn't have the

1030
00:56:05.360 --> 00:56:07.840
<v Speaker 3>Supreme Court defined the rights. You didn't have the right

1031
00:56:07.920 --> 00:56:10.639
<v Speaker 3>to defend yourself in court based on the path rights.

1032
00:56:10.760 --> 00:56:13.920
<v Speaker 3>What would you do when the government right did things

1033
00:56:13.960 --> 00:56:19.199
<v Speaker 3>like the COVID lockdown or did things like you know, well,

1034
00:56:19.199 --> 00:56:21.280
<v Speaker 3>I don't understand what this world looks like.

1035
00:56:21.880 --> 00:56:25.960
<v Speaker 1>Here's here's another example that maybe helps answer that question.

1036
00:56:27.000 --> 00:56:32.360
<v Speaker 1>In twenty ten, after the passage of Obamacare, how many

1037
00:56:32.440 --> 00:56:37.639
<v Speaker 1>how many seats did Obama losing? Did the Democrats lose

1038
00:56:37.679 --> 00:56:41.400
<v Speaker 1>in Congress? It was a wipeout. Twenty twelve. June of

1039
00:56:41.440 --> 00:56:47.239
<v Speaker 1>twenty twelve, the Supreme Court issues its decision in Sibelia's

1040
00:56:47.360 --> 00:56:54.159
<v Speaker 1>versus and if whatever it is, and you know, it's

1041
00:56:54.199 --> 00:56:58.239
<v Speaker 1>this muddled up, stupid ass decision. This that the other thing. Oh,

1042
00:56:58.280 --> 00:57:00.760
<v Speaker 1>it's the main date is the text blah blah blah whatever.

1043
00:57:01.079 --> 00:57:04.159
<v Speaker 1>But the point of the matter was they found that

1044
00:57:04.880 --> 00:57:09.719
<v Speaker 1>the Affordable Care Act was constitutional. Now, Roberts has a

1045
00:57:09.719 --> 00:57:13.159
<v Speaker 1>bunch of namby pamby blah blah blah in thereabout it's

1046
00:57:13.239 --> 00:57:17.039
<v Speaker 1>up to citizens to decide when the stupid laws are passed,

1047
00:57:17.039 --> 00:57:19.920
<v Speaker 1>and they should you know, the blah blah blah, except

1048
00:57:20.480 --> 00:57:23.960
<v Speaker 1>the world we live in. What was the headline everywhere

1049
00:57:24.000 --> 00:57:30.239
<v Speaker 1>after that Supreme Court finds Affordable Care Act constitutional. Obama

1050
00:57:30.280 --> 00:57:33.159
<v Speaker 1>got on the damn stump and said it everywhere he went,

1051
00:57:33.280 --> 00:57:36.159
<v Speaker 1>even the Supreme Court said it's a great law. And

1052
00:57:36.320 --> 00:57:39.559
<v Speaker 1>he won reelection because he lied about it and the

1053
00:57:39.599 --> 00:57:41.679
<v Speaker 1>Supreme Court was dumb enough to give him something to

1054
00:57:41.760 --> 00:57:46.840
<v Speaker 1>lie about. That's so what happens. If the Supreme Court

1055
00:57:46.880 --> 00:57:50.360
<v Speaker 1>had never gotten involved, the people would have kept voting

1056
00:57:50.400 --> 00:57:53.519
<v Speaker 1>those Democrats out of office and they would have overturned.

1057
00:57:53.039 --> 00:57:56.599
<v Speaker 3>The saying there shouldn't be any judicial review, and the

1058
00:57:56.639 --> 00:57:59.920
<v Speaker 3>Supreme Court no, no, I don't really understand.

1059
00:58:00.239 --> 00:58:02.199
<v Speaker 2>Let me try. Let me try. We're running late on time.

1060
00:58:02.239 --> 00:58:07.119
<v Speaker 2>But the amazing irony of that decision lucreti, it was

1061
00:58:07.119 --> 00:58:09.599
<v Speaker 2>that the dissent that Kennedy signed on to, I think

1062
00:58:09.599 --> 00:58:11.840
<v Speaker 2>he actually wrote it where he said there are I

1063
00:58:11.880 --> 00:58:14.840
<v Speaker 2>think something like their implications to the structure of liberty

1064
00:58:14.880 --> 00:58:18.760
<v Speaker 2>embedded in the Constitution. Ah. This gets to the wider

1065
00:58:18.800 --> 00:58:20.679
<v Speaker 2>point that Walter Burns and others made, which is the

1066
00:58:20.679 --> 00:58:24.440
<v Speaker 2>Supreme Court it's not just deciding cases and controversies. It is,

1067
00:58:24.480 --> 00:58:27.639
<v Speaker 2>as Marshall put it, expounding a constitution. They're telling us

1068
00:58:27.639 --> 00:58:30.679
<v Speaker 2>the meaning of the thing. And that's where Roberts I think,

1069
00:58:30.840 --> 00:58:32.800
<v Speaker 2>by the way, he had the same education you did. John,

1070
00:58:32.800 --> 00:58:33.400
<v Speaker 2>that's the problem.

1071
00:58:35.519 --> 00:58:39.159
<v Speaker 3>Your turning to Anthony Kennedy is the great welter.

1072
00:58:39.599 --> 00:58:43.320
<v Speaker 2>That was natural, right, that was the amazing.

1073
00:58:44.280 --> 00:58:48.199
<v Speaker 1>You just do what I just said, Steve, I have

1074
00:58:48.320 --> 00:58:49.480
<v Speaker 1>no idea what that means.

1075
00:58:49.599 --> 00:58:51.719
<v Speaker 2>Well, outright, I'm trying to be brief, and maybe I

1076
00:58:51.920 --> 00:58:54.079
<v Speaker 2>don't want to take time to explain it. Walter Burns.

1077
00:58:54.159 --> 00:58:56.679
<v Speaker 2>Is big argument against Holmes, against the Supreme Court is

1078
00:58:56.920 --> 00:59:00.840
<v Speaker 2>they don't take seriously their duties to be teacher constitutional

1079
00:59:00.880 --> 00:59:05.320
<v Speaker 2>meaning to citizens. And that's the effect of saying Obamacare's constitutional.

1080
00:59:05.320 --> 00:59:07.360
<v Speaker 2>It's just up to you people to decide it right.

1081
00:59:07.719 --> 00:59:10.039
<v Speaker 2>And changing right one of the things. What does he do?

1082
00:59:10.159 --> 00:59:12.000
<v Speaker 2>He rewrites the law to make it.

1083
00:59:12.079 --> 00:59:15.920
<v Speaker 3>There's nothing after Obamacare that doesn't prevent other parts of

1084
00:59:15.960 --> 00:59:19.280
<v Speaker 3>the government to challenge the decision. And you could say

1085
00:59:19.280 --> 00:59:21.519
<v Speaker 3>that's what Trump's doing now. I mean, I think the

1086
00:59:21.559 --> 00:59:24.320
<v Speaker 3>president has this right with the birthright citizenship. He has

1087
00:59:24.360 --> 00:59:27.320
<v Speaker 3>every right to have the executive branch take a different

1088
00:59:27.360 --> 00:59:30.920
<v Speaker 3>position than the Supreme Court and to try to push

1089
00:59:30.960 --> 00:59:34.559
<v Speaker 3>his powers to advance his constitutional interpretation.

1090
00:59:35.280 --> 00:59:38.480
<v Speaker 1>My point is that at the very you think about

1091
00:59:38.559 --> 00:59:42.719
<v Speaker 1>Lincoln's speech against the dread Scott decision, where he says, yeah, sure,

1092
00:59:42.760 --> 00:59:45.480
<v Speaker 1>the Supreme Court can decide what it wants to who cares.

1093
00:59:46.159 --> 00:59:50.639
<v Speaker 1>They're not the final say on you know they Okay,

1094
00:59:50.719 --> 00:59:53.320
<v Speaker 1>dread Scott will be a slave. That's fine. Nobody's going

1095
00:59:53.400 --> 00:59:56.119
<v Speaker 1>to challenge that. But it doesn't have any impact beyond

1096
00:59:56.199 --> 00:59:59.599
<v Speaker 1>that particular decision. Okay, well, we'll give it a little

1097
00:59:59.599 --> 01:00:01.559
<v Speaker 1>bit of a but we're not going to change the

1098
01:00:01.639 --> 01:00:04.280
<v Speaker 1>laws of the country because the Supreme Court decided some

1099
01:00:04.360 --> 01:00:07.880
<v Speaker 1>stupid thing. I think that's how it ought to be.

1100
01:00:08.639 --> 01:00:14.199
<v Speaker 1>And the problem is what ever, since eighteen fifty seven,

1101
01:00:14.639 --> 01:00:17.719
<v Speaker 1>we've all deferred. Oh, the Supreme Court said it, we

1102
01:00:17.840 --> 01:00:21.239
<v Speaker 1>have to do it. And that's the problem because they've

1103
01:00:21.239 --> 01:00:23.360
<v Speaker 1>been wrong so many times.

1104
01:00:23.440 --> 01:00:28.480
<v Speaker 3>John, I think you didn't have the Supreme Court there interpreting,

1105
01:00:28.840 --> 01:00:31.519
<v Speaker 3>and I disagree. I mean, I disagree the Court quite often.

1106
01:00:31.639 --> 01:00:33.880
<v Speaker 3>I don't think they're perfect. But if they were not

1107
01:00:34.039 --> 01:00:37.440
<v Speaker 3>there defending a written Bill of rights and a written

1108
01:00:37.719 --> 01:00:41.039
<v Speaker 3>reconstruction amendment supplying those bill of rights to states. I

1109
01:00:41.079 --> 01:00:44.039
<v Speaker 3>think individual liberty in the country would be far worse now.

1110
01:00:44.320 --> 01:00:46.599
<v Speaker 3>It would be worse like England, or worse than it

1111
01:00:46.679 --> 01:00:47.159
<v Speaker 3>is today.

1112
01:00:48.079 --> 01:00:50.360
<v Speaker 1>I don't but we don't have time to keep discussing it.

1113
01:00:50.400 --> 01:00:53.159
<v Speaker 1>So when we get you back, John, that'll be the

1114
01:00:53.199 --> 01:00:57.119
<v Speaker 1>first item of business. Okay. I had a student who

1115
01:00:57.239 --> 01:00:59.760
<v Speaker 1>said to me that the problem with the Supreme Court

1116
01:00:59.840 --> 01:01:03.880
<v Speaker 1>is that it took away the people's responsibility to be

1117
01:01:04.159 --> 01:01:07.639
<v Speaker 1>the guardians of their of the Constitution.

1118
01:01:07.239 --> 01:01:09.280
<v Speaker 3>And they didn't take it away that people don't.

1119
01:01:09.119 --> 01:01:18.400
<v Speaker 1>Want it, Steve says, I have to and I'll keep

1120
01:01:18.400 --> 01:01:20.079
<v Speaker 1>it short. I have a whole big list, Steve, but

1121
01:01:20.119 --> 01:01:22.880
<v Speaker 1>I'll keep it short for your sake. The Babylon Bee

1122
01:01:23.559 --> 01:01:27.960
<v Speaker 1>has been busy this week. I will try to keep

1123
01:01:28.000 --> 01:01:32.480
<v Speaker 1>it very short, but it's very difficult. Democracy falls as

1124
01:01:32.599 --> 01:01:38.159
<v Speaker 1>man who received the most votes becomes president. And I

1125
01:01:38.159 --> 01:01:40.039
<v Speaker 1>don't know if you guys happen to be sitting there

1126
01:01:40.079 --> 01:01:46.400
<v Speaker 1>watching the inauguration and it came over. I was watching

1127
01:01:46.480 --> 01:01:51.400
<v Speaker 1>it with my computer on two clump of cells. Dies

1128
01:01:51.840 --> 01:01:55.599
<v Speaker 1>at sixty seven. Do you know what that refers to?

1129
01:01:56.000 --> 01:01:58.119
<v Speaker 2>That's the seal Richards the long time.

1130
01:02:00.239 --> 01:02:03.239
<v Speaker 1>The person died. I thought that one was good. I laughed,

1131
01:02:03.719 --> 01:02:07.719
<v Speaker 1>sad Hunter wondering why no one buying his Why no

1132
01:02:07.760 --> 01:02:12.480
<v Speaker 1>one is buying his paintings anymore? The nation is actually

1133
01:02:12.519 --> 01:02:15.440
<v Speaker 1>impressed that Biden lived through all four years of the presidency.

1134
01:02:16.880 --> 01:02:20.000
<v Speaker 1>And just a little bit about Steve mentioned Elon Musk's

1135
01:02:20.079 --> 01:02:23.920
<v Speaker 1>Hitler No, maybe John mentioned it, Elon Musk's Hitler salute.

1136
01:02:24.320 --> 01:02:28.440
<v Speaker 1>Liberals briefly pause chanting death to Israel to call Elon

1137
01:02:28.559 --> 01:02:34.960
<v Speaker 1>Musk a Nazi. Yeah, right, Yeah. There was a couple

1138
01:02:34.960 --> 01:02:38.039
<v Speaker 1>of good ones that, you know, the the village people

1139
01:02:38.119 --> 01:02:42.239
<v Speaker 1>played at.

1140
01:02:41.519 --> 01:02:43.480
<v Speaker 3>I wish I'd never seen those pictures.

1141
01:02:43.760 --> 01:02:45.239
<v Speaker 2>That was great stuff.

1142
01:02:46.239 --> 01:02:48.719
<v Speaker 1>Yeah, and so one of them was showing that the

1143
01:02:48.800 --> 01:02:53.280
<v Speaker 1>Indian with both arms out in and said journalists horrified

1144
01:02:53.280 --> 01:02:56.880
<v Speaker 1>as village people performed double Hitler salute. The other one

1145
01:02:56.920 --> 01:02:59.800
<v Speaker 1>had something to do with Elizabeth warrened made her peace

1146
01:02:59.840 --> 01:03:03.760
<v Speaker 1>with Trump and was dancing.

1147
01:03:04.039 --> 01:03:06.079
<v Speaker 2>Says Trump can't get along with the first people. Look

1148
01:03:06.119 --> 01:03:07.480
<v Speaker 2>at him dancing with Elizabeth Warren.

1149
01:03:07.599 --> 01:03:14.280
<v Speaker 1>Right, Okay, just two more. The first one nothing to

1150
01:03:14.320 --> 01:03:16.679
<v Speaker 1>do with politics. But you guys travel a lot. I'm

1151
01:03:16.679 --> 01:03:21.679
<v Speaker 1>sure you'll appreciate this. Babylon Bee fashion tip, Ladies, choose

1152
01:03:21.719 --> 01:03:29.159
<v Speaker 1>your rattiest set of pajamas to wear to the airport. Okay,

1153
01:03:29.400 --> 01:03:33.800
<v Speaker 1>final one way to end it announcement the Babylon b

1154
01:03:34.039 --> 01:03:36.559
<v Speaker 1>to shut down, as there will be nothing to make

1155
01:03:36.639 --> 01:03:39.199
<v Speaker 1>fun of during the perfect Trump administration.

1156
01:03:42.000 --> 01:03:44.599
<v Speaker 2>John got any new stuff yet? Or no?

1157
01:03:44.639 --> 01:03:47.679
<v Speaker 3>I mean all I have is always drink your whiskey meat.

1158
01:03:47.840 --> 01:03:51.760
<v Speaker 3>The Brandon line makes no sense anymore. Now Biden's gone,

1159
01:03:51.800 --> 01:03:53.159
<v Speaker 3>so we got to think of something else.

1160
01:03:53.559 --> 01:03:54.559
<v Speaker 2>But I'll tell you, I'm.

1161
01:03:54.480 --> 01:03:57.039
<v Speaker 3>Sure Trump, I'm sure we're going to have lots of material.

1162
01:03:57.360 --> 01:03:58.519
<v Speaker 2>Oh yeah, that's right.

1163
01:03:58.920 --> 01:04:03.199
<v Speaker 3>Shortly, So have you come up with after always drink

1164
01:04:03.239 --> 01:04:06.440
<v Speaker 3>your whiskey meat? Steve, do you have a off for

1165
01:04:06.519 --> 01:04:06.920
<v Speaker 3>us now?

1166
01:04:07.000 --> 01:04:09.599
<v Speaker 2>Yeah? Something that has gotten old? Slavely adapt it is.

1167
01:04:09.760 --> 01:04:11.760
<v Speaker 2>I can't believe how good it feels to say we

1168
01:04:11.800 --> 01:04:15.719
<v Speaker 2>are unburdened by what has been Bye. Everybody see it

1169
01:04:15.719 --> 01:04:16.119
<v Speaker 2>next week?

1170
01:04:18.400 --> 01:04:18.559
<v Speaker 1>Hm.

1171
01:04:19.599 --> 01:04:26.480
<v Speaker 4>I was at the immigration scene, shine and everything.

1172
01:04:27.280 --> 01:04:28.360
<v Speaker 1>Could it be a sin?

1173
01:04:30.360 --> 01:04:32.599
<v Speaker 4>I heard it stop by.

1174
01:04:32.639 --> 01:04:36.559
<v Speaker 1>The immigration man said he doesn't know.

1175
01:04:36.519 --> 01:04:37.400
<v Speaker 4>It becan.

1176
01:04:41.320 --> 01:04:50.519
<v Speaker 1>D immigration man. Can I crossed the line and grace instead?

1177
01:04:55.239 --> 01:05:00.679
<v Speaker 1>Immigration man? I won't show you a line today. I

1178
01:05:00.760 --> 01:05:09.280
<v Speaker 1>can't see it anyway.

1179
01:05:12.679 --> 01:05:15.920
<v Speaker 2>Ricochet joined the conversation.

1180
01:05:17.000 --> 01:05:17.280
<v Speaker 3>MM hm
