WEBVTT 1 00:00:01.120 --> 00:00:03.200 Well, sorry, James, I'll go ahead. I just asked if 2 00:00:03.240 --> 00:00:04.759 you want. 3 00:00:03.520 --> 00:00:03.600 But. 4 00:00:05.360 --> 00:00:06.960 I will, and you can take it wherever you wish. 5 00:00:07.000 --> 00:00:09.080 That's what we do here. Imagine your roblong and I'm 6 00:00:09.080 --> 00:00:10.720 asking a question that he's just going to go where 7 00:00:10.720 --> 00:00:11.240 he wants to go. 8 00:00:12.640 --> 00:00:17.760 Ask not what your country can do for you, Ask 9 00:00:17.879 --> 00:00:20.160 what you can do for your country. 10 00:00:20.440 --> 00:00:26.440 Mister Gorbut you'll tear down this wall. It's the Ricordshe 11 00:00:26.559 --> 00:00:28.839 Podcast with Stephen Hayward and Charles C. W. 12 00:00:29.039 --> 00:00:29.280 Cook. 13 00:00:29.519 --> 00:00:31.280 I'm James Lellax. Today we're going to be talking to 14 00:00:31.280 --> 00:00:34.119 Anne McCarthy about Trump's leap of woes and more so, 15 00:00:34.280 --> 00:00:35.600 let severs was a podcast. 16 00:00:36.399 --> 00:00:39.640 How should voters look at some of the changes that 17 00:00:39.679 --> 00:00:43.960 you've made that you've explained some of here in your policy. 18 00:00:44.840 --> 00:00:47.479 Is it because you have more experience now and you've 19 00:00:47.520 --> 00:00:51.079 learned more about the information? Is it because you were 20 00:00:51.119 --> 00:00:54.960 running for president and a Democratic primary? And should they 21 00:00:55.000 --> 00:00:58.359 feel comfortable and confident that what you're saying now is 22 00:00:58.359 --> 00:00:59.320 going to be your policy? 23 00:00:59.399 --> 00:01:03.119 Moving from Welcome everybody, this is the Ricochet Podcast, number 24 00:01:03.159 --> 00:01:06.920 seven hundred and six. I'm James Lilax drinking a cup 25 00:01:06.959 --> 00:01:10.400 of tepid office coffee in a skyscraper in downtown Minneapolis, 26 00:01:10.400 --> 00:01:14.359 which did not burn to the ground parts. Yes, but 27 00:01:15.920 --> 00:01:17.959 the fires did not lap on the shores of our 28 00:01:18.000 --> 00:01:20.680 corporate office here and I'm joined by Stephen Hayward and 29 00:01:20.879 --> 00:01:26.079 Charles C. W. Cook. Gentlemen, Hello, between Florida and California. 30 00:01:26.200 --> 00:01:27.799 Once again we span the nation. 31 00:01:31.159 --> 00:01:34.680 Actually, James, I am coming to today from Raykovic, Iceland. 32 00:01:34.799 --> 00:01:37.920 We're combining a business and pleasure trip. But I have 33 00:01:38.000 --> 00:01:42.959 found something for your Lilax Museum of Curious Cultural Collections, 34 00:01:43.000 --> 00:01:45.640 whatever you call it. Did you know, Yeah, because r 35 00:01:45.719 --> 00:01:48.439 right next to my hotel turns out to be the 36 00:01:48.680 --> 00:01:52.159 most visited museum in Iceland. It's called the Icelandic Fall. 37 00:01:52.319 --> 00:01:54.159 A lot of hamilgrit and Theseum. 38 00:01:54.840 --> 00:01:58.879 No, it's not okay, No, I know what you're thinking. 39 00:01:58.959 --> 00:02:00.519 You're thinking of the hot dog place that's the other 40 00:02:00.599 --> 00:02:01.400 side of my hotel. 41 00:02:02.040 --> 00:02:02.159 No. 42 00:02:02.200 --> 00:02:03.719 I believe it was a hamburger that was putt It 43 00:02:03.760 --> 00:02:06.040 was a hamburger, that hamberger that was put under glass 44 00:02:06.040 --> 00:02:08.759 in Iceland about twenty years ago McDonald's Hamburger and is 45 00:02:08.759 --> 00:02:13.319 not decomposed in the least bit anyway. So phallologically, yeah, 46 00:02:13.439 --> 00:02:16.000 what's the only it's the only penis museum in the 47 00:02:16.000 --> 00:02:17.479 world that is exactly what you think it is. 48 00:02:17.879 --> 00:02:21.680 Ah, Okay, the brochure says it's family friendly. I'm skeptical 49 00:02:21.680 --> 00:02:24.360 of this, but there you go. I'll send you the brochure. 50 00:02:24.879 --> 00:02:28.080 Well, since my side is the Gallery of Regrettable Food, 51 00:02:28.199 --> 00:02:31.400 I am not sure whether or not that would constitute 52 00:02:31.520 --> 00:02:34.080 a goustatory experience, but of course it depends on one's 53 00:02:34.080 --> 00:02:35.000 orientation of preference. 54 00:02:38.000 --> 00:02:40.599 They have a phallic cafe b stro James, so maybe 55 00:02:40.639 --> 00:02:42.439 it will make your gast Okay. 56 00:02:43.560 --> 00:02:46.439 I you know, I I missed that when I was there, 57 00:02:46.479 --> 00:02:48.680 and I advise that everybody in their lifetime should go 58 00:02:48.719 --> 00:02:52.840 to Iceland, because it really is an incredible, spectacular, amazing place, 59 00:02:52.879 --> 00:02:56.080 this little island of civil It's little, this this this 60 00:02:56.120 --> 00:03:00.080 civilization that they built on this rock, which has in 61 00:03:00.159 --> 00:03:02.199 the you know, a certain part of the day, a 62 00:03:02.199 --> 00:03:04.599 certain part of the year, it's just always bright and 63 00:03:04.639 --> 00:03:06.280 then a certain part of the year is always dark. 64 00:03:06.520 --> 00:03:09.439 So everyone has two jobs in an alcoholic habit and 65 00:03:09.439 --> 00:03:12.520 and they're in a band. I just I love the place, Charles. 66 00:03:12.759 --> 00:03:14.240 How are you? How's Florida Muggy? 67 00:03:14.360 --> 00:03:17.360 I assume no, it's really nice. It's really nice. I've 68 00:03:17.360 --> 00:03:22.120 bed to Iceland. I went in two thousand and seven. 69 00:03:23.479 --> 00:03:26.479 I agree, everyone's drunk, but that's why they have no money, 70 00:03:26.479 --> 00:03:30.400 because it's so expensive to drink in ice. And that's 71 00:03:30.439 --> 00:03:34.280 in Scandinavia. And I annoyed my sister on that trip 72 00:03:34.319 --> 00:03:36.639 by eating a puffin in a restaurant. 73 00:03:39.039 --> 00:03:41.039 Braids braised, puffin. Why not? 74 00:03:41.680 --> 00:03:42.520 It was on the menu. 75 00:03:42.719 --> 00:03:43.560 Do they bring the beak? 76 00:03:44.360 --> 00:03:44.439 No? 77 00:03:44.719 --> 00:03:46.159 But it was on the menu, and I thought, well, 78 00:03:46.159 --> 00:03:49.240 I'll try that because I like trying random and unusual things. 79 00:03:49.280 --> 00:03:51.039 And then she said, well, you can't eat a puffin. 80 00:03:51.280 --> 00:03:52.919 They're so cute, and I thought, well, now I have 81 00:03:52.960 --> 00:03:53.919 to eat a puffin. 82 00:03:55.199 --> 00:03:57.439 Well they don't they taste like spotted owls? 83 00:03:57.479 --> 00:04:03.840 I think, I exactly with a little snail darter relish 84 00:04:03.840 --> 00:04:05.439 if you will. One of the things that I love 85 00:04:05.479 --> 00:04:08.560 about Iceland, Reykovic, and also what it sort of says 86 00:04:08.560 --> 00:04:10.759 about Europe and Northern Europe, is that they have this 87 00:04:10.919 --> 00:04:15.479 incredible modern cathedral, this church. But you don't really get 88 00:04:15.479 --> 00:04:18.279 the sense that anybody believes in any of that stuff. 89 00:04:18.360 --> 00:04:19.959 I mean, if you were to believe it, if you 90 00:04:20.000 --> 00:04:22.600 were to build a church for a culture that was 91 00:04:22.720 --> 00:04:28.480 nominally habitually, ritualistically Christian, but really didn't believe it it 92 00:04:28.519 --> 00:04:30.439 would be that church. That was just the feeling that 93 00:04:30.480 --> 00:04:34.439 I got. It's so spare, it is absolutely so white 94 00:04:34.600 --> 00:04:39.959 and so pure, but so somehow lacking that wonderful effervescent 95 00:04:40.040 --> 00:04:42.399 divinity that you get in baroque churches, for example. But 96 00:04:42.480 --> 00:04:44.519 enough of our travelog gear. We're here to discuss the 97 00:04:44.600 --> 00:04:46.399 ways and means by which the country is going to 98 00:04:46.399 --> 00:04:49.160 come to rack and or ruin or success or as usual, 99 00:04:49.720 --> 00:04:53.079 middle and muddel in betwixt the two points. So we 100 00:04:53.120 --> 00:04:56.639 had an interview with Kamala Harris this week on CNN 101 00:04:56.680 --> 00:05:01.079 in which she laid everything out. I get the impression 102 00:05:01.240 --> 00:05:03.319 that the problem that we have been suffering in this 103 00:05:03.399 --> 00:05:07.839 country is an insufficient amount of government. Is that basically 104 00:05:07.879 --> 00:05:11.519 what you get. We're about four percent away. For if 105 00:05:11.519 --> 00:05:14.279 we had four percent or maybe seven percent more government, 106 00:05:14.319 --> 00:05:17.480 we would solve housing, we would solve the middle class problems. 107 00:05:17.480 --> 00:05:20.120 We would solve climate change, which we have to do 108 00:05:20.399 --> 00:05:23.279 on a schedule that is of time and to hours 109 00:05:23.319 --> 00:05:25.680 and the weeks that she said, so, what did you 110 00:05:25.720 --> 00:05:28.759 take away from this? Did you do you think this 111 00:05:28.800 --> 00:05:31.800 is a fresh breath emanating from the Biden administration. A 112 00:05:31.879 --> 00:05:38.639 clean break revitalized attempt to drag Joe Biden's great policies 113 00:05:38.680 --> 00:05:43.759 over the goal line. Well don't everybody talk at once. 114 00:05:44.199 --> 00:05:44.480 Now. 115 00:05:44.560 --> 00:05:47.800 I don't know what I made of it, because she 116 00:05:47.800 --> 00:05:54.279 didn't say anything. She did an interview, she well, she 117 00:05:54.560 --> 00:05:58.240 answered questions, but she didn't really advance anything. And there 118 00:05:58.279 --> 00:06:00.360 was a tweet that went out off It's by DNM 119 00:06:00.360 --> 00:06:02.639 where they said, we got closer to understanding. They always 120 00:06:02.639 --> 00:06:05.600 talk about her, so she's an ancient Mayan civilization. We 121 00:06:05.680 --> 00:06:10.680 got closer to understanding what Kamala Harris wants to do. 122 00:06:10.839 --> 00:06:13.759 And I thought, well, actually that's not true at all. 123 00:06:14.040 --> 00:06:18.079 She didn't account for her shifts in policy. She said, 124 00:06:18.759 --> 00:06:21.120 my values haven't changed. And what she should have done 125 00:06:21.160 --> 00:06:23.360 if she was going to make that argument is say, 126 00:06:24.199 --> 00:06:27.000 here are two or three examples of where the policy 127 00:06:27.040 --> 00:06:29.759 has changed, but the values that informed them were different 128 00:06:29.959 --> 00:06:33.240 for this or that reason. In fact, Dana Bash tried 129 00:06:33.279 --> 00:06:35.879 to set her up to do that by giving her 130 00:06:35.879 --> 00:06:39.439 the answer before she gave it, but she didn't. She 131 00:06:40.000 --> 00:06:43.439 then said that, oh, I know that in twenty nineteen 132 00:06:43.439 --> 00:06:45.639 I said I would ban fracking, but in twenty twenty, 133 00:06:45.680 --> 00:06:48.079 I said I wouldn't, which isn't even true. In twenty 134 00:06:48.160 --> 00:06:51.639 twenty she said Joe Biden wouldn't ban fracking. She didn't 135 00:06:51.680 --> 00:06:54.879 explain why she shifted view, or even if she has so. 136 00:06:55.079 --> 00:06:59.879 Throughout Yes, I got the vague, effveescent sense that she 137 00:07:00.399 --> 00:07:03.959 wants more government and that she thinks that we have 138 00:07:04.000 --> 00:07:07.360 been beholden to some ancient ideology for too long. But 139 00:07:07.399 --> 00:07:11.639 she never actually really outline what she wanted to do, 140 00:07:11.680 --> 00:07:15.160 so I don't think it was particularly useful as a voter. 141 00:07:16.079 --> 00:07:20.319 Stephen. There have been attempts recently, devious attempts, I think 142 00:07:20.480 --> 00:07:23.959 rhetorical slights of hands that have attempted to tether That's 143 00:07:24.000 --> 00:07:27.079 the word Kamila Harris with a Biden adminstration. Was there 144 00:07:27.240 --> 00:07:29.399 was there tethering going on? Was there breaking going on? 145 00:07:29.600 --> 00:07:33.439 Was there was there? Was there anything going on that 146 00:07:33.480 --> 00:07:35.120 made you sit up and say that's new? 147 00:07:36.160 --> 00:07:38.639 I don't think so. One of the blessings of being 148 00:07:38.639 --> 00:07:40.519 on overseas travel as you got to miss it, and 149 00:07:40.560 --> 00:07:43.240 I've only caught up with a few things I've seen online. 150 00:07:43.519 --> 00:07:46.160 I think Charlie puts his finger on something. The most 151 00:07:46.199 --> 00:07:48.360 important part of it is her saying over and over 152 00:07:48.360 --> 00:07:52.759 again her one message was my values haven't changed, which 153 00:07:52.759 --> 00:07:54.879 ought to be the four most terrifying words in the 154 00:07:54.879 --> 00:07:57.639 English language today, you know, after one's the old Ronald 155 00:07:57.680 --> 00:07:59.560 Ringing line, I'm from the government. I'm here to help, 156 00:08:00.120 --> 00:08:03.000 because what are those values. They're all pretty deeply radical, 157 00:08:03.399 --> 00:08:06.680 as any check of the record will show. And if 158 00:08:06.720 --> 00:08:08.839 you had an alert Trump campaign, and it's still not 159 00:08:08.920 --> 00:08:11.279 clear whether we have one or not, they would be 160 00:08:11.399 --> 00:08:13.319 running ads and they just have a clip of her 161 00:08:13.360 --> 00:08:15.519 saying my values haven't changed, and then just throwing up 162 00:08:15.560 --> 00:08:17.639 on the screen some of her previous statements on what 163 00:08:17.680 --> 00:08:20.759 her values are. I think that it was a wink 164 00:08:20.879 --> 00:08:24.519 and a nod to progressives and the media. Who are 165 00:08:24.560 --> 00:08:26.639 you know, carrying water for saying, you know, don't worry, 166 00:08:27.040 --> 00:08:29.399 I'm still the progressive if you want, and you know, 167 00:08:29.480 --> 00:08:33.759 backing down on fracking and sting relatively quiet about climate change. 168 00:08:34.159 --> 00:08:36.600 For the most part, it's going to be you know, 169 00:08:36.720 --> 00:08:41.320 Biden times ten when I get past the electorates in November. 170 00:08:41.399 --> 00:08:43.200 I think that this is not new, by the way, 171 00:08:43.200 --> 00:08:45.399 this has been a democratic playbook for quite a while, 172 00:08:45.799 --> 00:08:48.320 and people like Obama going all the way back to 173 00:08:48.360 --> 00:08:50.720 Doucaucus can try and get away with it, and have 174 00:08:50.840 --> 00:08:54.039 in some instances, like Bill Clinton, But in her case, 175 00:08:54.120 --> 00:08:57.120 she's got such a long record of very radical views 176 00:08:57.159 --> 00:08:59.960 that it still astounds me to think that she can 177 00:09:00.159 --> 00:09:02.120 away with it. On the other hand, as has been 178 00:09:02.159 --> 00:09:05.159 pointed out, the election is not sixty five days off 179 00:09:05.240 --> 00:09:07.720 or whatever it is. Early voting starts in three weeks, 180 00:09:08.080 --> 00:09:10.080 and so the votes will start getting locked into the 181 00:09:10.120 --> 00:09:11.799 can very very soon. 182 00:09:12.480 --> 00:09:12.639 Well. 183 00:09:12.679 --> 00:09:15.320 The CNN story about the interview says, Harris laid out 184 00:09:15.320 --> 00:09:17.799 an economic plan earlier this month, did you know, focused 185 00:09:17.840 --> 00:09:20.879 on bringing down costs on food, housing, and childcare, in 186 00:09:20.919 --> 00:09:24.799 part by going harder after corporations. There's stunning new development. 187 00:09:24.799 --> 00:09:28.679 She's going harder after those corporations. Her proposals include efforts 188 00:09:28.679 --> 00:09:32.840 to combat price gouging. My my mind, Okay, so we 189 00:09:33.000 --> 00:09:34.720 are going to do that again, where we're going to 190 00:09:34.720 --> 00:09:36.519 go and investigate and of course it doesn't matter whether 191 00:09:36.600 --> 00:09:39.120 or not anybody actually is price gouging. What matters is 192 00:09:39.159 --> 00:09:40.840 that they're going to be dragged through a process that 193 00:09:40.879 --> 00:09:43.559 we'll just add to their costs and you know, cripple 194 00:09:43.759 --> 00:09:46.600 them and keep them from doing things and hesitate to 195 00:09:46.600 --> 00:09:49.080 do this and they'll have rippling effects about the entire economy. 196 00:09:49.080 --> 00:09:51.360 But oh, well, you know she's doing something. She's least 197 00:09:51.440 --> 00:09:54.519 she's doing something. Recently, here we had an institution which 198 00:09:54.600 --> 00:09:58.120 raised its prices by eight percent. Eight percent, just announce 199 00:09:58.240 --> 00:10:01.240 eight percent. And the strain thing about it is here 200 00:10:01.559 --> 00:10:03.159 is that you don't have the option not to pay. 201 00:10:03.480 --> 00:10:06.639 You have to because there are property taxes. Our property 202 00:10:06.639 --> 00:10:09.159 taxes going up eight percent, and what's more, because of 203 00:10:09.200 --> 00:10:13.360 the new evaluations. It's a tax on unrealized gains. It's 204 00:10:13.559 --> 00:10:16.279 just perfect. Do we have any saying this, No, no, no, 205 00:10:16.600 --> 00:10:19.320 we just absolutely have to pay. That's not gouging at all, though. No, 206 00:10:19.440 --> 00:10:22.279 that's an absolutely reasonable response to the needs of the 207 00:10:22.440 --> 00:10:24.679 particulars of the people. But she also said that she 208 00:10:24.759 --> 00:10:27.559 was going to ramp up construction of affordable housing. Now, 209 00:10:27.600 --> 00:10:29.639 low information people may not look at that and nod 210 00:10:29.639 --> 00:10:32.279 and say, well, that's good. Folks need housing. That's something, 211 00:10:32.519 --> 00:10:35.360 But this is not the job of the federal government. 212 00:10:35.840 --> 00:10:37.679 The reason that you don't have affordable housing and so 213 00:10:37.720 --> 00:10:40.000 many of the cities that need it. Leaving aside whether 214 00:10:40.080 --> 00:10:43.080 or not the homeless crisis is a result of the 215 00:10:43.159 --> 00:10:46.360 lack of affordable housing usually isn't is because you have 216 00:10:46.799 --> 00:10:50.120 any number of heavy boat anchors that are draped around 217 00:10:50.120 --> 00:10:51.600 the neck of the people who are trying to build 218 00:10:51.639 --> 00:10:55.879 these things, from the code requirements to the cost of material, 219 00:10:55.919 --> 00:10:59.360 from this to that that. I mean, San Francisco does 220 00:10:59.360 --> 00:11:02.120 not have an a lack of affordable housing because there 221 00:11:02.120 --> 00:11:05.000 are people just for some reason who can't build there. 222 00:11:05.039 --> 00:11:07.679 I mean, it's it's the process, it's the rules, it's 223 00:11:07.720 --> 00:11:09.679 the nimbi's, it's the rest of it, things over which 224 00:11:09.720 --> 00:11:13.879 Kamala Harris has absolutely no control whatsoever, unless we want 225 00:11:14.240 --> 00:11:17.200 the federal government to march into our communities and say, well, 226 00:11:17.279 --> 00:11:19.559 you know what, you don't have enough affordable housing in 227 00:11:19.600 --> 00:11:23.320 this neighborhood. Therefore we're gonna build them, which they've been 228 00:11:23.360 --> 00:11:25.120 trying to do for years and years and years and 229 00:11:25.200 --> 00:11:29.720 years and years. And if that's what she's talking about, 230 00:11:29.799 --> 00:11:32.840 redoubling that effort to just sort of sweep aside what 231 00:11:32.879 --> 00:11:35.320 people in particular communities want and say, we're doing it 232 00:11:35.320 --> 00:11:37.480 from Washington. We're telling you what in Idaho you got 233 00:11:37.480 --> 00:11:41.919 to have in your neighborhood. That's again, dare I say 234 00:11:41.960 --> 00:11:45.480 I get the idea that she's in favor of expansion 235 00:11:45.600 --> 00:11:48.440 of the state that maybe just me. 236 00:11:48.759 --> 00:11:51.679 Maybe, just could you have gotten that idea, James, Look, 237 00:11:51.679 --> 00:11:53.960 the land thing, I mean, the talk of bringing back 238 00:11:54.000 --> 00:11:56.799 price controls. Let's be clear, that's what she's really talking about. 239 00:11:57.080 --> 00:11:59.039 That's a bad idea we thought we'd gotten rid of 240 00:11:59.120 --> 00:12:02.000 for the last time in the seventies. You may remember, James, 241 00:12:02.200 --> 00:12:04.000 I know you follow these things. I know the history 242 00:12:04.000 --> 00:12:05.879 of it. There was a push back in the mid 243 00:12:05.919 --> 00:12:08.840 seventies at the time of price controls to have the 244 00:12:08.879 --> 00:12:12.559 federal government get directly involved with local zoning. In other words, 245 00:12:12.600 --> 00:12:14.279 weren't just going to leave it to states and cities. 246 00:12:14.320 --> 00:12:16.360 And you know, there were bills in Congress that was 247 00:12:16.399 --> 00:12:18.639 back on the palmy days of the Clean Air Act 248 00:12:18.639 --> 00:12:20.679 and the Clean Water Act and all the other national 249 00:12:20.759 --> 00:12:24.200 legislation we passed after the First Earth Day, and you 250 00:12:24.240 --> 00:12:26.600 know it got shot down in Congress because of massive 251 00:12:26.639 --> 00:12:29.279 resistance by the states and local governments and the home 252 00:12:29.320 --> 00:12:30.440 building industry and others. 253 00:12:30.480 --> 00:12:31.080 But I wouldn't be. 254 00:12:31.120 --> 00:12:33.679 All surprised if we're there have been sort of backed 255 00:12:33.759 --> 00:12:36.120 or ways to try and coerce states and cities for 256 00:12:36.120 --> 00:12:38.600 a while now. But I wouldn't be surprised if we 257 00:12:38.679 --> 00:12:41.120 did not see from the Harris administration a brand new 258 00:12:41.120 --> 00:12:44.799 initiative to get the federal government directly involved in local 259 00:12:44.919 --> 00:12:45.759 zoning decisions. 260 00:12:46.159 --> 00:12:48.960 I just think it's worth saying that this line that 261 00:12:49.000 --> 00:12:51.480 I've started to see that Kamala Harris is some sort 262 00:12:51.519 --> 00:12:57.919 of yimbi yes in my backyard is ridiculous because the 263 00:12:57.919 --> 00:13:01.600 primary reason that the demo crowds are struggling on this 264 00:13:01.840 --> 00:13:05.480 issue is that there are a whole host of interest 265 00:13:05.559 --> 00:13:10.960 groups on whom they rely that stand in the way 266 00:13:11.120 --> 00:13:15.960 of the production of new homes and development more generally, 267 00:13:16.080 --> 00:13:24.080 and those are environmental groups, unions of various sorts, and 268 00:13:25.000 --> 00:13:29.399 other left wing interest groups that don't like development for 269 00:13:29.559 --> 00:13:30.519 various reasons. 270 00:13:30.840 --> 00:13:32.679 And this is a. 271 00:13:35.320 --> 00:13:40.480 Problem that will only be solved when a Democrat stands 272 00:13:40.559 --> 00:13:43.960 up and says to those people, no, it is more 273 00:13:44.039 --> 00:13:47.360 important for us to fix this on the supply side 274 00:13:47.360 --> 00:13:49.039 than it is for you to get what you want. 275 00:13:49.480 --> 00:13:53.600 And I just don't see any evidence that this is happening. 276 00:13:53.720 --> 00:13:59.720 If you read left leaning self professed wonks in the 277 00:14:00.039 --> 00:14:05.320 United States, you will see that they are aware, especially 278 00:14:05.360 --> 00:14:09.519 in California, New York, that they have an issue here, 279 00:14:10.320 --> 00:14:13.919 but they don't really know how to fix it, because 280 00:14:14.279 --> 00:14:19.799 the internal politics within the party makes fixing it really tough. 281 00:14:20.600 --> 00:14:24.639 And I just see nothing in the history of Kamala 282 00:14:24.679 --> 00:14:30.399 Harris's life of public role that suggests that she has 283 00:14:30.720 --> 00:14:33.480 an interest in doing that whatsoever, Which is why, in 284 00:14:33.519 --> 00:14:37.840 addition to saying all of these things that some reformers 285 00:14:37.879 --> 00:14:40.519 have said are encouraging, she said, I'm going to give 286 00:14:40.519 --> 00:14:43.480 twenty five thousand dollars to anyone who's by, because that's 287 00:14:43.559 --> 00:14:46.960 actually something that won't be upsetting to the people she 288 00:14:47.039 --> 00:14:48.960 needs to win the election and keep on side. 289 00:14:49.600 --> 00:14:49.840 Right. 290 00:14:50.320 --> 00:14:52.320 Yes, well, I think that's all very unfair, Charlie. We 291 00:14:52.360 --> 00:14:53.919 know that she curls up at night with a glass 292 00:14:53.919 --> 00:14:55.799 of wine in a copy of Shane Jacob's Life in 293 00:14:55.840 --> 00:14:58.120 Different of the Cities. Just deeply interesting, a great book 294 00:14:58.159 --> 00:15:01.879 and developed the progress it is, indeed, But that's another podcast. 295 00:15:01.960 --> 00:15:06.480 In this podcast, we bring you Andy McCarthy. Andy McCarthy, 296 00:15:06.519 --> 00:15:09.200 We're proud to do so again, senior fellow the National 297 00:15:09.240 --> 00:15:11.960 Review Institute and a contributing editor there as well as 298 00:15:12.000 --> 00:15:16.320 at Fox News. Andy, welcome back. Breaking news, right, Hi. 299 00:15:16.399 --> 00:15:19.960 Jans, how are you good? Yes, breaking news. Trump is 300 00:15:20.240 --> 00:15:25.000 trying to get his sentencing in the Manhattan case postponed 301 00:15:25.799 --> 00:15:30.200 by moving again in federal court to have the state 302 00:15:30.279 --> 00:15:35.639 proceeding removed there, that is, to have the federal court 303 00:15:35.679 --> 00:15:37.519 take jurisdiction over it. 304 00:15:38.159 --> 00:15:38.960 And the point of. 305 00:15:38.919 --> 00:15:45.559 This is there's now a profound immunity question in connection 306 00:15:45.679 --> 00:15:50.480 with Braggs prosecution, and immunity is supposed to be litigated 307 00:15:50.759 --> 00:15:53.440 whether Trump wins it or not as a different matter, 308 00:15:53.480 --> 00:15:58.360 but immunity is supposed to be litigated through appeal before 309 00:15:58.440 --> 00:16:02.840 other proceedings in the case happen. And that's obvious enough 310 00:16:02.879 --> 00:16:08.480 that even Alvin Bragg, the District Attorney of Manhattan who 311 00:16:08.720 --> 00:16:13.200 brought the case, has conceded that there should be a postponement. 312 00:16:14.279 --> 00:16:19.039 At this point, sentencing is supposed to happen on September eighteenth. 313 00:16:19.639 --> 00:16:24.399 For whatever reason, Judge Merchon, who has been I think 314 00:16:24.519 --> 00:16:29.639 credibly accused of being biased against the defense in this case, 315 00:16:30.120 --> 00:16:34.960 has not acted on the motion to postpone the sentencing, 316 00:16:35.440 --> 00:16:39.480 even though the prosecutor agrees that it should be postponed. 317 00:16:40.159 --> 00:16:42.399 And the way this is teed up at the moment, 318 00:16:43.799 --> 00:16:46.879 merch On has said that he'll rule on Trump's immunity 319 00:16:46.919 --> 00:16:51.240 claim on September sixteenth, and then proceed to sentence him 320 00:16:51.279 --> 00:16:56.759 on September eighteenth, which certainly suggests that he's trying to 321 00:16:56.840 --> 00:17:00.720 frustrate Trump's appellate rights by not giving him enough time 322 00:17:00.799 --> 00:17:04.519 to get to another court to stop the sentencing from 323 00:17:04.839 --> 00:17:08.559 going forward until the immunities decided. So they're going to 324 00:17:08.599 --> 00:17:11.440 federal court at this point now to try to make 325 00:17:11.480 --> 00:17:11.960 them act. 326 00:17:12.759 --> 00:17:14.839 Before I hand it over to Stephen and Charles. I 327 00:17:14.880 --> 00:17:16.759 just want to bring everybody up to speed, because memories 328 00:17:16.799 --> 00:17:19.599 are short. Remind everybody what Trump fell for in this case. 329 00:17:20.079 --> 00:17:23.720 I use fell in the old dragnet sense of having 330 00:17:23.759 --> 00:17:24.519 been found guilty. 331 00:17:25.640 --> 00:17:28.559 Yeah, this is a very strange case. You know. 332 00:17:28.640 --> 00:17:33.160 I think there's some really strong allegations against Trump that 333 00:17:33.240 --> 00:17:34.559 come out of the law fair stuff. 334 00:17:34.599 --> 00:17:36.279 This case is just a joke. 335 00:17:37.640 --> 00:17:44.039 He was accused in thirty four counts of falsifying his 336 00:17:44.240 --> 00:17:50.480 business records in order to conceal a second crime. Ordinarily, 337 00:17:50.519 --> 00:17:54.920 in New York, nobody gets prosecuted for these kinds of offenses, 338 00:17:54.960 --> 00:18:00.599 particularly under Bragg, who is like a textbook progressive prosecutor. Ordinarily, 339 00:18:00.759 --> 00:18:06.359 business records offenses are misdemeanors. These misdemeanors happened, I think 340 00:18:06.400 --> 00:18:12.359 now twenty seventeen, so seven years ago. The statute of 341 00:18:12.440 --> 00:18:17.920 limitations on misdemeanors is two years. By alleging that Trump 342 00:18:18.039 --> 00:18:21.680 was trying to conceal a second defense, he got it 343 00:18:22.240 --> 00:18:26.519 inflated from a misdemeanor to a felony and thereby did 344 00:18:26.559 --> 00:18:32.319 an end around the misdemeanor statute of limitations. And then 345 00:18:32.359 --> 00:18:35.880 he carved this one transaction into thirty four by basically 346 00:18:36.319 --> 00:18:39.960 taking each piece of paper that was involved in the 347 00:18:40.000 --> 00:18:43.519 payments that occurred here and charging it as a separate felony, 348 00:18:43.519 --> 00:18:45.799 which totals up to I think one hundred and thirty 349 00:18:45.839 --> 00:18:50.440 four or one hundred and thirty six years of criminal exposure. 350 00:18:50.599 --> 00:18:52.559 It's capped at twenty in New York, but that's still 351 00:18:52.599 --> 00:18:58.480 a lot of a lot of penalty. So that's the crime, 352 00:18:58.680 --> 00:19:00.720 and I think the outrage, well, there's a lot of 353 00:19:00.759 --> 00:19:04.079 outrage about the case, but the worst part of it 354 00:19:04.119 --> 00:19:07.680 is that the judge did not require the jury to 355 00:19:07.799 --> 00:19:11.319 find beyond a reasonable doubt what the second crime was 356 00:19:12.480 --> 00:19:19.599 because the judge misinterpreted the law of conspiracy. What Bragg 357 00:19:19.680 --> 00:19:23.559 relied on as the so called second crime was a 358 00:19:23.720 --> 00:19:29.599 New York election law conspiracy to influence an election. 359 00:19:31.079 --> 00:19:32.440 By unlawful conduct. 360 00:19:33.000 --> 00:19:36.799 And therefore Bragg said, as long as the jury finds 361 00:19:36.839 --> 00:19:40.240 beyond a reasonable doubt that he conspired to influence the election, 362 00:19:41.000 --> 00:19:42.200 then that's sufficient. 363 00:19:42.400 --> 00:19:44.759 So we don't have to figure out what. 364 00:19:46.079 --> 00:19:50.359 Unlawful conduct he agreed to participate in. 365 00:19:50.880 --> 00:19:52.160 And the problem with that. 366 00:19:52.119 --> 00:19:55.920 Is in conspiracy law, first of all, it's not a 367 00:19:55.920 --> 00:19:57.519 crime to influence an election. 368 00:19:57.640 --> 00:20:00.240 That's what campaigns try to do. 369 00:20:00.400 --> 00:20:02.759 What makes it a crime, What makes it a conspiracy 370 00:20:03.359 --> 00:20:05.839 is the agreement, the meeting of the minds by two 371 00:20:06.000 --> 00:20:09.559 or more people on the criminal objective. So you can't 372 00:20:09.640 --> 00:20:12.880 have a conspiracy in the criminal law unless the jury 373 00:20:12.880 --> 00:20:16.079 agrees beyond a reasonable doubt on what the statute, the 374 00:20:16.119 --> 00:20:21.440 criminal statute the crime that makes it a conspiracy. Otherwise, 375 00:20:21.519 --> 00:20:24.160 if it's just an agreement to influence the election, that's 376 00:20:24.200 --> 00:20:25.400 not criminal. 377 00:20:25.519 --> 00:20:28.640 So there's a lot of problems with the case. 378 00:20:29.079 --> 00:20:32.440 Well, any it's Steve Hayward who said a couple of 379 00:20:32.480 --> 00:20:34.160 days ago, why don't we have Andy here since so 380 00:20:34.240 --> 00:20:37.319 much legal news is breaking this week, and it turns 381 00:20:37.319 --> 00:20:40.960 out to be timely. Look my summary for lay persons, 382 00:20:41.000 --> 00:20:42.799 which I think as a lawyer you may find a 383 00:20:42.799 --> 00:20:45.480 little too cute, which was they try to elevate a 384 00:20:45.519 --> 00:20:49.279 misdemeanor jaywalking into a felony by first counting every step 385 00:20:49.319 --> 00:20:52.559 taken across the road as a separate felony, and two 386 00:20:52.839 --> 00:20:55.200 saying once the person reached the other side the road, 387 00:20:55.200 --> 00:20:57.519 he was either gonna mug somebody or rob a liquor store. 388 00:20:57.519 --> 00:20:59.559 And you can decide which crime you think the person 389 00:20:59.680 --> 00:21:03.759 was going to. I mean, that's silly to me, But 390 00:21:03.799 --> 00:21:05.880 then the other I don't want to I still have 391 00:21:05.880 --> 00:21:08.079 a question about the appellate process. But the other big 392 00:21:08.119 --> 00:21:11.279 story that first brought you our attention again was Jack 393 00:21:11.319 --> 00:21:15.480 Smith introducing a new set of indictments against Trump for 394 00:21:16.240 --> 00:21:20.599 election interference. And I'm it just took my breath away. 395 00:21:20.720 --> 00:21:24.000 I mean, I thought even this Justice Department would at 396 00:21:24.000 --> 00:21:26.279 this point say it's too late based on their rules. 397 00:21:26.319 --> 00:21:28.240 I know there's some ambiguity about whether it's a sixty 398 00:21:28.319 --> 00:21:30.799 day deadline or a ninety day deadline ahead of the election, 399 00:21:31.119 --> 00:21:33.960 that you do not bring a case against somebody who's 400 00:21:34.039 --> 00:21:36.640 up in an election or a political figure. But they've 401 00:21:36.680 --> 00:21:39.839