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Full Episode - Trump Is Desperate For A Deal… And Iran Knows It + Is The Supreme Court Truly “The Last Branch Standing”? · The Chuck ToddCast

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  Speaker 1: free quote at ethos dot com slash chuck. That is
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  Speaker 1: rates may vary. Hello Aaron, Welcome to the Monday episode
• 1:48
  Speaker 1: of the Chuck Podcast. For some of you, today is
• 1:51
  Speaker 1: a very important holiday because it's four twenty. Like I said,
• 1:56
  Speaker 1: for some of you, it's a very important holiday for
• 1:59
  Speaker 1: those who say celebrate, so enjoy yourself in moderation, but
• 2:07
  Speaker 1: in all seriousness, Welcome to the third week of April,
• 2:13
  Speaker 1: and it is we're in a precarious time here. We've
• 2:18
  Speaker 1: got I think, very nervous about the current state of
• 2:22
  Speaker 1: the economy because of the current state of the war.
• 2:24
  Speaker 1: I feel like our friends at Wall Street are basically
• 2:27
  Speaker 1: just in denial that somehow what's happening in the straight
• 2:31
  Speaker 1: of horror Moves is having going to have no impact
• 2:33
  Speaker 1: on the world economy. It is this fascinating dynamic of
• 2:38
  Speaker 1: which we know when reality sets in it is going
• 2:41
  Speaker 1: to be a brutal and ugly moment on that front.
• 2:45
  Speaker 1: But hey, that's for those of you closer to retirement
• 2:48
  Speaker 1: age constantly nervous about that. I just hope you're prepared
• 2:51
  Speaker 1: for what is likely to be more knee jerk reactions.
• 2:55
  Speaker 1: But look, let me give you a quick rundown of
• 2:58
  Speaker 1: the episode today. Obviously got three topics I'm gonna hit
• 3:03
  Speaker 1: on before we get to our interview Aroan Cashptel and Virginia.
• 3:08
  Speaker 1: Tuesday is the last day to vote in the Virginia
• 3:13
  Speaker 1: redistricting arena, so we will get to that. My guest
• 3:15
  Speaker 1: today is somebody who's been on the podcast before. I
• 3:18
  Speaker 1: think it's always a terrific guest. But she's got a
• 3:20
  Speaker 1: new book out. Sarah Isker She is got a new
• 3:24
  Speaker 1: book out called The Last Book Branch Standing about the
• 3:27
  Speaker 1: Supreme Court. What it really is is and this is
• 3:30
  Speaker 1: a book that gets done about every twenty years. We're
• 3:34
  Speaker 1: it's sort of like who's the Supreme Court? And she
• 3:36
  Speaker 1: got incredible access and does a terrific job. Look, she
• 3:43
  Speaker 1: is conservative, but the book is about the Supreme Court.
• 3:48
  Speaker 1: Is it is analytical? It is reported analysis. Yes, she
• 3:52
  Speaker 1: certainly has a point of view on various things, but
• 3:55
  Speaker 1: it is not about personalizing that point of view in
• 3:59
  Speaker 1: the book itself. I think the book is terrific. I
• 4:01
  Speaker 1: think you're going to enjoy the interview and I will
• 4:03
  Speaker 1: tease out her idea for reform of the judiciary. You
• 4:07
  Speaker 1: know where I stand on this. I want seventy five votes.
• 4:10
  Speaker 1: I think when you read Federalists seventy eight, it's pretty
• 4:12
  Speaker 1: clear Alexander, Hamilton and Madison that they wanted as neutral
• 4:18
  Speaker 1: of a judiciary as you could have. So that means
• 4:20
  Speaker 1: get as much bipartisan force, as much bipartisan support as
• 4:25
  Speaker 1: you can possibly have. She's got a twist on it,
• 4:28
  Speaker 1: trying to achieve the goal that I'm trying to achieve.
• 4:32
  Speaker 1: But she has an interesting reform idea that includes sort
• 4:37
  Speaker 1: of what you might call provisional confirmation. But you know,
• 4:45
  Speaker 1: when I'm not giving away the whole story, you got
• 4:46
  Speaker 1: to listen to the interview and it is worth your time,
• 4:50
  Speaker 1: so I hope you do. The book is also worth
• 4:52
  Speaker 1: your time as well. So we've got that. And of
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  Speaker 1: course it's Monday, which means we jump in to the
• 5:00
  Speaker 1: time machine, and I'm going to give you a hint.
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  Speaker 1: It's about America's first real war of choice. That's where
• 5:08
  Speaker 1: we're going back. We've been talking about Iran as a
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  Speaker 1: war of choice, clear war of choice here, and we
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  Speaker 1: see what happens. Most war of choices don't go well
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  Speaker 1: for those that choose to make war first. And this
• 5:19
  Speaker 1: story I'm going to talk about is because we are
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  Speaker 1: in an anniversary week of essentially America's first war of
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  Speaker 1: choice that wasn't about its own territorial expansion. And that's
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  Speaker 1: the hint I will give you. We'll talk a little
• 5:37
  Speaker 1: NBA playoffs at the end. I don't think I have
• 5:41
  Speaker 1: some medium takes. I wouldn't call them hot takes. I
• 5:44
  Speaker 1: have some medium NBA takes, just enough to make it interesting.
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  Speaker 1: But with that, let's start with what should be more
• 5:53
  Speaker 1: of an obsession by the American press corps, frankly the
• 5:57
  Speaker 1: world's press corps. Because we are sitting here in the
• 6:00
  Speaker 1: incredibly precarious position of the straight upfor moves being closed.
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  Speaker 1: We know that we're going to have fuel rationing starting
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  Speaker 1: to hit in the next few weeks in some places
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  Speaker 1: in Asia and possibly Australia the next few months when
• 6:14
  Speaker 1: it comes to jet fuel and Europe and so forth.
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  Speaker 1: And so this is an incredibly crucial week. The ceasefire
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  Speaker 1: that we've been operating under expires in the middle of
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  Speaker 1: this week, so it is crucial that some something happens here. Look,
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  Speaker 1: I'm not a big fan of TLDR, but if you
• 6:41
  Speaker 1: want the quick TLDR, expect some sort of extension of
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  Speaker 1: the ceasefire. Maybe it's a week, maybe it's two weeks,
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  Speaker 1: in order to keep negotiating going. Because here's what I
• 6:53
  Speaker 1: am pretty confident about. I will be shocked if they've
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  Speaker 1: got a deal locked and loaded. If you tell me
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  Speaker 1: there's still talking and they're still trying to put pen
• 7:02
  Speaker 1: to paper and they need more time, that's where you
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  Speaker 1: could see an extension. I mean, realistically, even though we've
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  Speaker 1: been operating in a two week seasefire that's about to expire.
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  Speaker 1: It it feels like the ceasefire has been like a day, right,
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  Speaker 1: considering what we've had with Israel and Lebanon as well.
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  Speaker 1: So I think the most, like you know, the most
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  Speaker 1: likely result of this set of talks is more punting,
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  Speaker 1: more stalling, and more because neither side is going to
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  Speaker 1: feel the need to cave eye thing. So let's get
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  Speaker 1: to where things stand. So the United States sending jd.
• 7:36
  Speaker 1: Vance back again to Pakistan for another round of talks
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  Speaker 1: to try to see where if things can move along
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  Speaker 1: into some sort of negotiated settlement out of this war.
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  Speaker 1: Now you may wonder sending Vance good or bad. Well,
• 7:52
  Speaker 1: if if we somehow didn't send him, then that would
• 7:57
  Speaker 1: to me look like a signal we weren't interesting, didn't
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  Speaker 1: saw it right. You send the Vice president in the
• 8:02
  Speaker 1: first time you have talks. If you somehow didn't do
• 8:05
  Speaker 1: that this time right, and you just left it to
• 8:09
  Speaker 1: Kushner and Whitcough, it would certainly send the signal that
• 8:13
  Speaker 1: we might not be as serious about Enmy, it is
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  Speaker 1: pretty clear Donald Trump is desperate to figure out a
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  Speaker 1: way out of this war because he miscalculated all right,
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  Speaker 1: everybody miscalculated. The people around him didn't have the guts
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  Speaker 1: to tell him that bb net Yahoo was leading him
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  Speaker 1: down a path that was going to put him in
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  Speaker 1: this box. He chose to believe bb net, Yahoo and
• 8:38
  Speaker 1: foreign intelligence agencies rather than his own. So let's make
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  Speaker 1: sure when history tells this story correctly, we can't even
• 8:48
  Speaker 1: blame this on an American intelligence failure. It is not.
• 8:52
  Speaker 1: It is an Israeli intelligence failure that pushed us into that.
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  Speaker 1: So what it really is it's a you, American president
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  Speaker 1: failure because he didn't listen to his own intelligence agencies.
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  Speaker 1: So what is the box that we're in? And it's
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  Speaker 1: obvious we are desperate, me being the United States here
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  Speaker 1: to figure out how to get out of this. From
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  Speaker 1: the beginning, it seemed like the strategy seemed clear, apply pressure,
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  Speaker 1: escalate if necessary, and try to convert that pressure into
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  Speaker 1: a deal. But it also depended on Iran deciding it
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  Speaker 1: had no choice but to fold. And this is the
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  Speaker 1: miscalculation that hasn't happened. Instead, Iran has shown it still
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  Speaker 1: has leverage, real leverage, because as long as the US
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  Speaker 1: maintains its blockade, Tehran can choke off the one thing.
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  Speaker 1: The global economy depends on energy moving through the straight
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  Speaker 1: offor moves you know, And we're sitting here obsessed with
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  Speaker 1: the nuclear do at the end of the day, if
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  Speaker 1: you're the Iranian regime here and you want to stay
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  Speaker 1: in power and you want to keep your power, do
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  Speaker 1: you really care about the nuclear aspect or do you
• 9:53
  Speaker 1: care about control of the Strait? Because it turned out
• 9:55
  Speaker 1: the straight is the best to turrent you have. It's
• 9:57
  Speaker 1: better than nukes at this point. So here we are,
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  Speaker 1: and the Ranians have said it plainly. If Iran can't
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  Speaker 1: pass through the Strait, others shouldn't assume they can't either.
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  Speaker 1: So it's not a temporary dispute. It is a structural stalemate.
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  Speaker 1: And this is where the US is boxed it and
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  Speaker 1: where Trump did this to us and did this to himself.
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  Speaker 1: But what he does to himself impacts all of us.
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  Speaker 1: If he wants the straight open because the economic pressure
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  Speaker 1: is real, but he also wants to keep maximum pressure
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  Speaker 1: on or on which means maintaining the blockade, Well you
• 10:30
  Speaker 1: can't do both. That's the problem he's got and the
• 10:34
  Speaker 1: result is what we're seeing right now, a system that
• 10:35
  Speaker 1: looks like it's functioning, but isn't. Ships are waiting, routes
• 10:38
  Speaker 1: are uncertain, risk building underneath the service, right, And if
• 10:43
  Speaker 1: you're watching oil prices, you might miss it right because
• 10:45
  Speaker 1: the headline number suggests things are stabilizing. I mean, it
• 10:49
  Speaker 1: is a whole bunch of traders who are just literally
• 10:52
  Speaker 1: not living in reality. But what you see traded as
• 10:56
  Speaker 1: the price of oil isn't the reality of what the
• 10:58
  Speaker 1: actual price of oil is. If you're trying to get
• 11:01
  Speaker 1: oil to Southeast Asia, or get oil to South Korea,
• 11:04
  Speaker 1: or get oil to Australia, the price is much higher
• 11:08
  Speaker 1: than what the trading price is at the moment. Right,
• 11:12
  Speaker 1: the real market is telling a different story than what
• 11:15
  Speaker 1: you're seeing in the traded commodities markets. Actual delivered oil
• 11:20
  Speaker 1: is trading its steep premiums at the moment. Supply is
• 11:23
  Speaker 1: incredibly constrained. The system is under huge stress. So this
• 11:28
  Speaker 1: is why we're in this huge disconnect. The screen is
• 11:31
  Speaker 1: saying one thing. If you're a trader in Wall Street,
• 11:34
  Speaker 1: reality says another. Now let's layer in the domestic picture.
• 11:39
  Speaker 1: We've got yet another new poll, this one from NBC.
• 11:42
  Speaker 1: It's not one of the NBC polls done by the
• 11:45
  Speaker 1: professional campaign pollsters Heart mcinturf. This is the survey Monkey Pole,
• 11:52
  Speaker 1: which is a panel survey. It's very similar to you
• 11:54
  Speaker 1: gov and ipsos. Obviously it's getting a lot of tension.
• 11:57
  Speaker 1: He's sitting at thirty seven percent. Do realize all of
• 12:01
  Speaker 1: these panel surveys are usually include a lot more folks
• 12:07
  Speaker 1: who are not considered the electorate for the midterms, which
• 12:10
  Speaker 1: means his numbers are lower. It's usually adults or at
• 12:13
  Speaker 1: least a lot less weighted of who actually shows up
• 12:18
  Speaker 1: to the polls. So it all depends on It's why
• 12:21
  Speaker 1: if you've noticed you gov, ipsos, anything in a panel
• 12:24
  Speaker 1: survey has Trump in the thirties. Anybody that uses voter
• 12:29
  Speaker 1: files and is looking for registered voters or even likely voters,
• 12:32
  Speaker 1: the approval rating is still sitting at forty one, forty two,
• 12:34
  Speaker 1: So you know, I wouldn't you know until the other
• 12:38
  Speaker 1: NBC pollsters find his numbers at thirty seven. I don't
• 12:42
  Speaker 1: think it's a big headline, but it still matters that
• 12:44
  Speaker 1: he's still obviously under water for what it's worth, and
• 12:49
  Speaker 1: it's and that still matters. It's clear the public does
• 12:54
  Speaker 1: not like this war. They know it's hurt the economy,
• 12:57
  Speaker 1: in a bad way. And guess what, Trump knows it.
• 13:02
  Speaker 1: He's well aware of it. So what does Trump fear?
• 13:04
  Speaker 1: And this is the part that matters because it probably
• 13:06
  Speaker 1: explains his behavior. Trump. No, he doesn't want a wider war, right,
• 13:11
  Speaker 1: he does not have the stomach for it. He doesn't
• 13:13
  Speaker 1: want American casualties. He doesn't want to pay the political
• 13:17
  Speaker 1: price for either one. So what you're seeing as an
• 13:20
  Speaker 1: attempt to apply pressure without triggering the consequences of that pressure.
• 13:24
  Speaker 1: So he uses crazy escalatory language getting rid of all
• 13:28
  Speaker 1: sorts of this nonsense talk. But the action is extraordinarily cautious,
• 13:35
  Speaker 1: and he's just signaling, please, please, please make a deal
• 13:37
  Speaker 1: with me, Please make a deal with me. His issue
• 13:40
  Speaker 1: here is he thinks everybody is motivated by the same
• 13:44
  Speaker 1: things that motivate him. Right, He's always motivated by being
• 13:48
  Speaker 1: bought off, right, Ultimately, so he just assumes everybody else
• 13:52
  Speaker 1: is motivated by being bought off. And by the way,
• 13:54
  Speaker 1: it turns out, it's kind of true with about seventy
• 13:56
  Speaker 1: to eighty percent of entities, but not everybody can just
• 14:00
  Speaker 1: be bought off in the way that he thinks everybody
• 14:02
  Speaker 1: to be bought off. And that's the problem he's stuck
• 14:04
  Speaker 1: with with the Iranians. The Iranians know he wants a
• 14:07
  Speaker 1: deal really badly, and they're you know what, they love
• 14:12
  Speaker 1: to do, negotiate and negotiate and negotiate. Remember the original
• 14:16
  Speaker 1: Iran nuclear deal with another president who clearly wanted a deal,
• 14:19
  Speaker 1: and the Iranians knew he wanted a deal already looks
• 14:25
  Speaker 1: like a better deal than whatever deal Donald Trump is
• 14:28
  Speaker 1: going to get here. So what do the Iranians say?
• 14:31
  Speaker 1: They see constraint? Right, Trump hasn't escalated, Iran's escalated, and
• 14:37
  Speaker 1: the Americans haven't really escalated. Yes, the blockade is it's
• 14:40
  Speaker 1: just Trump desperate to grab some leverage. His problem is
• 14:43
  Speaker 1: he doesn't really have leverage. It's working with this regime
• 14:46
  Speaker 1: because he's overestimated how much this regime cares about its people.
• 14:49
  Speaker 1: They don't care about their own people. You know, that's
• 14:53
  Speaker 1: the asymmetric part of this conflict at the moment. So
• 14:57
  Speaker 1: the Iranians in the regime they see hesitation, and they
• 15:01
  Speaker 1: see the clock. They're well aware of the campaign pressures
• 15:04
  Speaker 1: and the political pressures. You know, that's the thing. And
• 15:07
  Speaker 1: of course Trump doesn't hide. He's the worst poker player
• 15:09
  Speaker 1: in the world. He's shouted from the rooftops that he
• 15:13
  Speaker 1: that he wants to deal. He's made it so clear
• 15:16
  Speaker 1: that he is not going to send ground troops in,
• 15:19
  Speaker 1: even as he does send enough ground troops that if
• 15:23
  Speaker 1: he chose to order, say an attempt to open the
• 15:26
  Speaker 1: Straight of Horror moves and try to take control of
• 15:28
  Speaker 1: the Straight, he has the resources to do it if
• 15:31
  Speaker 1: he orders it. But he's afraid of the casualties. So
• 15:37
  Speaker 1: the Iranians are watching and they know they can hold
• 15:39
  Speaker 1: firm on their core issues, the nuclear material, their position
• 15:43
  Speaker 1: in the Horror Moves, and their refusal to concede under
• 15:45
  Speaker 1: pressure because they believe the US has more to lose
• 15:48
  Speaker 1: from this dragging on. Right, they have nothing but time. Right.
• 15:54
  Speaker 1: It goes back to that old Taliban saying, it's like
• 15:56
  Speaker 1: you have the watches, we have the time. And that's
• 15:59
  Speaker 1: the Iranians are operating right now. They know Trump is
• 16:02
  Speaker 1: on the clock and there they don't feel this pressure
• 16:08
  Speaker 1: that Trump feels at the moment. There's been another untended
• 16:13
  Speaker 1: consequence here, and that has been the strengthening of China.
• 16:17
  Speaker 1: This is my friend Ian Bremer, who is a frequent
• 16:19
  Speaker 1: guest on this show. Back. It's probably about time for
• 16:22
  Speaker 1: me to get him back on. But I want to
• 16:24
  Speaker 1: wait until we're actually pears to at least be in
• 16:28
  Speaker 1: a true pause in this war with around. I say
• 16:30
  Speaker 1: pause because I have a feeling we're going to be
• 16:33
  Speaker 1: in these it's going to be kind of like this
• 16:35
  Speaker 1: DHS shutdown. It's never really going to end, but it's
• 16:38
  Speaker 1: never really going to continue either, if that's possible. So
• 16:42
  Speaker 1: as Ian Brennmer put it this week, and I think
• 16:44
  Speaker 1: it's the cleanest way to understand it, and you should
• 16:46
  Speaker 1: take his look at if I hope, if some of
• 16:49
  Speaker 1: you really interested in foreign affairs, I think Ian's newsletters
• 16:52
  Speaker 1: are the best out there at G zero. As he writes,
• 16:56
  Speaker 1: China is weathering the war better than expected and looks
• 16:59
  Speaker 1: to looks to emerge relatively stronger. In some ways, They've
• 17:04
  Speaker 1: been prepared for this moment and preparing for this moment.
• 17:07
  Speaker 1: While the United States, who at one point was trying
• 17:09
  Speaker 1: to prepare for this moment Donald Trump came in, it's
• 17:11
  Speaker 1: a new We are not going to be prepared to
• 17:14
  Speaker 1: diversify our energy resources. We are going to triple down
• 17:17
  Speaker 1: on oil and gas and put us and put us
• 17:20
  Speaker 1: in a position that we're in now where almost were
• 17:23
  Speaker 1: overly dependent on oil and gas at the moment. So
• 17:27
  Speaker 1: the reasons though for his take of why is China,
• 17:30
  Speaker 1: Essentially they're going to emerge the biggest winner of this
• 17:33
  Speaker 1: war with Iran. The war has depleted US military stockpiles,
• 17:37
  Speaker 1: so if they choose to walk into Taiwan tomorrow, they
• 17:40
  Speaker 1: probably the US is not is probably too stretched to help.
• 17:44
  Speaker 1: It's pulled attention and assets away from Asia. Remember the
• 17:48
  Speaker 1: old pivot to Asia. We've been trying to pivot to ASA.
• 17:50
  Speaker 1: It's like Infrastructure Week, and it's forcing allies to quietly
• 17:54
  Speaker 1: reassept how reliable the US is. We have this war
• 17:58
  Speaker 1: is sort of is it? It's finishing off the job
• 18:01
  Speaker 1: that I guess Donald Trump wanted to do, which is
• 18:04
  Speaker 1: to detach America from various military and treaty alliances. Well
• 18:12
  Speaker 1: he's doing a great job of that, and those folks
• 18:14
  Speaker 1: are running in other places. I mean, you have the
• 18:16
  Speaker 1: new Premier Serre of Canada in September plans to host
• 18:20
  Speaker 1: countries and investors from around the world about investing in Canada,
• 18:23
  Speaker 1: basically ignoring the United States. Realizing he's got to diversify
• 18:26
  Speaker 1: his economic ties around the world because the United States
• 18:30
  Speaker 1: is no longer reliable trading part. He's not alone. This
• 18:35
  Speaker 1: again big win for China. And that's the other thing
• 18:39
  Speaker 1: that's happening here. The current disruptions and oil flows are
• 18:43
  Speaker 1: accelerating demand for the very things China dominates, clean energy
• 18:47
  Speaker 1: electrification and the critical supply chains that provide it, right,
• 18:50
  Speaker 1: solar panels, things like that, all of these things that
• 18:53
  Speaker 1: the United States decided to get out of the business
• 18:55
  Speaker 1: upper at least Donald Trump, did you know it's going
• 18:59
  Speaker 1: to make for an interest Earth Day later this week,
• 19:01
  Speaker 1: isn't it? Anyway? Bremmer's bottom line is simple. China doesn't
• 19:04
  Speaker 1: need to get involved to benefit, and they're benefiting. They're
• 19:09
  Speaker 1: going to win the piece without getting anywhere near this war.
• 19:12
  Speaker 1: Talk about a strategic form policy disaster that's probably generational, right,
• 19:18
  Speaker 1: This is the type of after math effects. You know,
• 19:24
  Speaker 1: the mess for the next president only gets bigger by
• 19:29
  Speaker 1: the day thanks to this just inept leadership and massive
• 19:34
  Speaker 1: mistakes by Donald Trump listening to his quote unquote gut
• 19:38
  Speaker 1: it to really put us in a good spot. So
• 19:41
  Speaker 1: the moment matters here right now, because this conflict hasn't
• 19:43
  Speaker 1: produced a clear demonstration of American leverage. This is why
• 19:46
  Speaker 1: we can't end this war yet on our terms. We could,
• 19:50
  Speaker 1: but it would mean risking blood and treasure. It would
• 19:53
  Speaker 1: mean sending in ground troops. It would mean going all
• 19:55
  Speaker 1: the way. And that's what he doesn't have the stomach for.
• 19:58
  Speaker 1: He got talked into something than by BB that he
• 20:00
  Speaker 1: thought was quick and easy, and as always BB sort of,
• 20:04
  Speaker 1: you know, talks a bigger game than his reality. He's
• 20:08
  Speaker 1: suckering the United States into something he wanted to do.
• 20:12
  Speaker 1: And there you go. Heck of a job, BB, because
• 20:14
  Speaker 1: you've now alienated even a greater number of Americans when
• 20:18
  Speaker 1: it comes to support for Israel. There is nobody when
• 20:22
  Speaker 1: you look at if you are upset about the loss
• 20:25
  Speaker 1: of support for Israel the United States, there is only
• 20:28
  Speaker 1: one person to blame. He is singularly the person to blame,
• 20:34
  Speaker 1: Bibe Data, who has destroyed this relationship. He did it
• 20:39
  Speaker 1: inside the Democratic Party, he's now doing it inside the Republican.
• 20:43
  Speaker 1: He alone is at fault for this. I am somebody
• 20:48
  Speaker 1: who considers myself a big supporter of Israel, and I
• 20:51
  Speaker 1: am really upset at him. If you do care about it,
• 20:55
  Speaker 1: take your blinders off and realize who did this, he
• 20:59
  Speaker 1: did it. So here's where we are. The US wants
• 21:04
  Speaker 1: a deal, Iran knows it. Both sides are holding positions
• 21:07
  Speaker 1: they don't want to move off of, which probably means
• 21:10
  Speaker 1: this isn't really moving towards an immediate resolution. We're stuck.
• 21:15
  Speaker 1: So what a stuck look like? Probably more extensions, we'll see.
• 21:19
  Speaker 1: Trump thought he could use pressure to force Iran into
• 21:22
  Speaker 1: a box. This is not how the this version of
• 21:26
  Speaker 1: the of this Iranian regime thinks. And if anything, whatever
• 21:29
  Speaker 1: divide he was hoping to create, Right, it is clear
• 21:33
  Speaker 1: the IRGC is more radical than ever and they're in charge.
• 21:37
  Speaker 1: And you know, the current president probably is somebody you
• 21:40
  Speaker 1: can deal with, but he doesn't look like he's got
• 21:43
  Speaker 1: much juice inside. Right, the Iranian the IRGC is in
• 21:47
  Speaker 1: charge of this whole thing, and that's a problem. And
• 21:50
  Speaker 1: it's you know, they got more power thanks to these
• 21:55
  Speaker 1: decisions by President Trump. So I don't know he gets
• 22:00
  Speaker 1: out of it. I think the best he can hope
• 22:05
  Speaker 1: for is redoing the around nuclear deal. That's the best
• 22:09
  Speaker 1: he can hope for. And maybe what he can do
• 22:13
  Speaker 1: is claim that he's got Iran agreeing to a longer
• 22:15
  Speaker 1: moratorium than Obama agreed to, and maybe he can agree
• 22:19
  Speaker 1: to more, you know, trust but verify payments and relief
• 22:27
  Speaker 1: un sanctions. Okay, here's you know, you get this relief
• 22:29
  Speaker 1: fund sanctions, if you get this amount of traffic moving
• 22:33
  Speaker 1: through the strait, you get this relief in sanctions, if
• 22:35
  Speaker 1: you get this amount, you know, that might be the
• 22:38
  Speaker 1: best they can hope for. But do remember it took
• 22:40
  Speaker 1: years for the first round deal to get done, and
• 22:43
  Speaker 1: perhaps he can just take it off the shelf and
• 22:45
  Speaker 1: start from there. And that may be what they do
• 22:50
  Speaker 1: without ever admitting it. But that's the best we can
• 22:53
  Speaker 1: hope for now, and that he really only has two choices,
• 22:59
  Speaker 1: get the around nuclear D go back on the table,
• 23:02
  Speaker 1: or escalate. That's the position he's put himself in, he's
• 23:06
  Speaker 1: put the country in, and I don't think I don't
• 23:10
  Speaker 1: think he's I don't think there's political will in Congress.
• 23:13
  Speaker 1: And let's keep this other thing in mind. I think
• 23:17
  Speaker 1: when the sixty day clock expires in the War Powers Resolution, yes,
• 23:20
  Speaker 1: there's a pretty easy way to extend it another thirty days.
• 23:24
  Speaker 1: So in essence, we're looking at right, so February twenty
• 23:26
  Speaker 1: eighth essentially to April twenty eighth, so it's coming in
• 23:29
  Speaker 1: at the you know, at the end of this, you
• 23:31
  Speaker 1: know we're getting close to sixty days. You throw in
• 23:34
  Speaker 1: another thirty after that, so we're looking at Memorial Day basically.
• 23:41
  Speaker 1: That's that's what he's got. And I think once Congress
• 23:44
  Speaker 1: starts wayhing, it ain't going to go well for him.
• 23:46
  Speaker 1: We're already seeing what happens, right He's he's kind of
• 23:50
  Speaker 1: already this FISA struggle for him to get FISA is
• 23:55
  Speaker 1: is sort of the latest evidence that the Lame Duck
• 23:59
  Speaker 1: is starting to show itself here. I think a lot
• 24:03
  Speaker 1: more elected Republicans realize, hey, Donald Trump isn't going to
• 24:06
  Speaker 1: be on the battle again. This may not be. He
• 24:12
  Speaker 1: may not have the persuasion powers that he once had,
• 24:16
  Speaker 1: and we're finding out right, Speaker Johnson is not really
• 24:18
  Speaker 1: an effective speaker if Donald Trump is not popular with
• 24:21
  Speaker 1: the Republican base, and he's finding out the hard way.
• 24:25
  Speaker 1: So at best, he's probably got about five weeks to
• 24:32
  Speaker 1: get this done, and then there could be just a
• 24:34
  Speaker 1: humiliating moment where Congress and the White House fight over
• 24:39
  Speaker 1: the direction of this war going forward. But he's got
• 24:42
  Speaker 1: a I think the last thing this White House out
• 24:45
  Speaker 1: of risk is where Congress will be. I think where
• 24:48
  Speaker 1: Congress is by Memorial Day politically may not be in
• 24:53
  Speaker 1: a place where he can find a majority to support
• 24:57
  Speaker 1: keeping whatever this looks like, going forward forward. This episode
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• 26:55
  Speaker 1: we go today. A couple other stories I want to
• 26:56
  Speaker 1: touch on. I'll spend a few minutes on this on
• 27:00
  Speaker 1: a story that I think deserves a lot more attention
• 27:02
  Speaker 1: than it is gotten. Sometimes the peace lands in Washington
• 27:06
  Speaker 1: and everybody reads it for the scandal but the real
• 27:09
  Speaker 1: significance isn't the scandal, it's the institutional warning that's embedded inside.
• 27:16
  Speaker 1: That's how I read the Atlantic piece on FBI director
• 27:19
  Speaker 1: Cash Btel. The headline is blunt, the FBI director is
• 27:23
  Speaker 1: mia all right, and the allegations are really serious. According
• 27:27
  Speaker 1: to the reporting, more than two dozen current former officials
• 27:30
  Speaker 1: describe Paateel as a radic, frequently absent and at times
• 27:33
  Speaker 1: impaired by alcohol. By the way, some of the visuals
• 27:36
  Speaker 1: that we have as Americans with Cash Patel is him
• 27:40
  Speaker 1: chugging beer at the Olympic hockey game, right, So the
• 27:45
  Speaker 1: visuals that we have of him and his constantly using
• 27:50
  Speaker 1: taxpayer funded planes to like, you know, go follow his
• 27:53
  Speaker 1: girlfriend around the country, that's the stuff we have on camera, right,
• 27:58
  Speaker 1: And this is what we're hearing behind the scene. So
• 28:00
  Speaker 1: the allegations are quite serious. Betel's response, of course, is
• 28:05
  Speaker 1: total denial. That's oh, that's that's the that's the Trump
• 28:08
  Speaker 1: administration's you know, default position on everything. And you know
• 28:13
  Speaker 1: he's hoping for White House backup. And we know the
• 28:15
  Speaker 1: White House never wants to cave in to a report
• 28:19
  Speaker 1: at first. But just because the White House is backing
• 28:22
  Speaker 1: Pattel at the moment doesn't mean they feel really good
• 28:25
  Speaker 1: about how Cash Hotel is performing as FBI director. And
• 28:31
  Speaker 1: the Justice Department, of course right now wants to dismiss
• 28:33
  Speaker 1: it as a hit piece. Yeah, it is a hit piece,
• 28:36
  Speaker 1: but sometimes hit pieces, you know, sometimes a hit piece
• 28:41
  Speaker 1: is true, right it is. You could say it's about
• 28:44
  Speaker 1: Cash Buttel. Yes, his leadership has been a problem this
• 28:47
  Speaker 1: entire time. There are quietly people who have been complaining
• 28:50
  Speaker 1: about Cash Hotel, And yes, this has been begging for
• 28:54
  Speaker 1: deep dive reporting and that's what The Atlantic did. So
• 28:57
  Speaker 1: you can call it a hit piece. That is correct.
• 28:59
  Speaker 1: It is a hit piece on Cash Battel. But just
• 29:03
  Speaker 1: because it's a hit piece doesn't mean it's not factually correct.
• 29:07
  Speaker 1: So let's be clear about what this is and what
• 29:09
  Speaker 1: it isn't. These are allegations, they're detail allegations, they're widely
• 29:14
  Speaker 1: sourced allegations, but they're still allegations. And Patel is not
• 29:18
  Speaker 1: ducking that. He's essentially saying false and I'll see you
• 29:20
  Speaker 1: in court. Okay, Let's see if he follows through on that.
• 29:24
  Speaker 1: It's always easy to say you're going to file a
• 29:26
  Speaker 1: lawsuit and Donald Trump files dummy lawsuits all the time.
• 29:30
  Speaker 1: I don't think the Atlantic is going to be settling
• 29:33
  Speaker 1: with cash battel. But I digress. But here's why this
• 29:38
  Speaker 1: piece is so damaging. Even before you prove every specific claim,
• 29:42
  Speaker 1: it paints a picture of the FBI where people inside
• 29:44
  Speaker 1: the building no longer trust the steadiness, availability, or judgment
• 29:47
  Speaker 1: of the person running it. That's the real shame here, right.
• 29:51
  Speaker 1: We came from an incredibly stable FBI director, want to
• 29:53
  Speaker 1: point up by Donald Trump by the way, and Christopher Ray,
• 29:56
  Speaker 1: and now we have the most political, sort of least
• 29:59
  Speaker 1: qualified person ever to run the FBI in the history
• 30:01
  Speaker 1: of the FBI. So you have an FBI director that
• 30:05
  Speaker 1: basically does not have the trust of the rank and file.
• 30:09
  Speaker 1: That's what this piece seems to say. That alone is
• 30:11
  Speaker 1: a crisis. Doesn't matter whether you know it is. If
• 30:15
  Speaker 1: he does not have legitimacy within the rank and file,
• 30:17
  Speaker 1: then he can't do the job. The White House, of
• 30:22
  Speaker 1: course knows this. They just have to decide when are
• 30:24
  Speaker 1: they going to admit defeat on this one. This is
• 30:29
  Speaker 1: an agency responsible for domestic law enforcement, counter terrorism, counterintelligence,
• 30:35
  Speaker 1: and it certainly looks like they've they've you know, dropped
• 30:38
  Speaker 1: the ball on certain issues. Whenever Patel has put himself right.
• 30:43
  Speaker 1: He inserted himself into into the missing Nancy Guthrie thing
• 30:46
  Speaker 1: and created heightened expectations, and you know, he sort of does.
• 30:51
  Speaker 1: He seems to be really sort of putting the FBI's
• 30:56
  Speaker 1: reputation in a bad spot. The more he the more
• 30:59
  Speaker 1: he's charge. So if people inside that building are asking
• 31:02
  Speaker 1: basic questions like is he even reachable? Is he focused?
• 31:06
  Speaker 1: Is he making decisions based on facts? Is he too inebriated? Right?
• 31:11
  Speaker 1: The FBI director is a twenty four hour job, then, right,
• 31:15
  Speaker 1: then this is bigger than one person's operational incompetence. So
• 31:22
  Speaker 1: what makes the piece hit is how specific it is.
• 31:25
  Speaker 1: The reported computer lockout incident where Patel briefly believed he
• 31:29
  Speaker 1: had been fired Clay, So he's paranoid already. The fact
• 31:33
  Speaker 1: that he thinks he might be fired proves that he
• 31:36
  Speaker 1: has no legitimacy right now. Even inside this administration, claims
• 31:39
  Speaker 1: that meetings had to be rescheduled after late nights, accounts
• 31:43
  Speaker 1: of him being unreachable at key moments, even a report
• 31:47
  Speaker 1: reported request for breaching equipment when he couldn't be access
• 31:50
  Speaker 1: behind lock doors. Again, he's denying all of this. This
• 31:56
  Speaker 1: is the Atlantic, this is not page six. But the
• 32:00
  Speaker 1: portrait isn't of a controversial leader who's unpopular. It's a leader.
• 32:04
  Speaker 1: It's of a leader parts of the institution now see,
• 32:08
  Speaker 1: is just completely unreliable. So we have a national security problem.
• 32:15
  Speaker 1: And this is the line in the piece you can't ignore.
• 32:18
  Speaker 1: Officials in the piece describe warring about what happens in
• 32:20
  Speaker 1: a crisis, a domestic terror event, a fast moving intelligence threat.
• 32:25
  Speaker 1: What if the FBI director isn't available. Apparently that's already
• 32:28
  Speaker 1: been the case once or twice, or isn't operating at
• 32:31
  Speaker 1: full capacity too many late nights. That concern is apparently intensified.
• 32:37
  Speaker 1: With the US now at war with Iran. Right, we
• 32:39
  Speaker 1: know the way Iran operates asymmetric. They will they no
• 32:44
  Speaker 1: doubt have cells in this country. They are going to
• 32:46
  Speaker 1: try to infiltrate, They're going to try to do things
• 32:49
  Speaker 1: in asymmetric warfare. O. FBI has got to be do
• 32:55
  Speaker 1: encounter terrorism surveillance in ways. It's got to be at
• 32:59
  Speaker 1: the pek of its powers and at the top of
• 33:02
  Speaker 1: its game. And cash Ptel is not somebody who's going
• 33:05
  Speaker 1: to put you at the top of your game. So
• 33:09
  Speaker 1: Even if you set aside the personal conduct allegations, the
• 33:13
  Speaker 1: management critique alone is rough from this piece. Irregular presence,
• 33:18
  Speaker 1: delayed decisions, investigations slowed down. There's even a public example
• 33:23
  Speaker 1: Patel prematurely announcing a person of interest in a major case,
• 33:27
  Speaker 1: only for that person to be released. Right, that was
• 33:29
  Speaker 1: in the Charlie Kirk situation. So it's not just a
• 33:31
  Speaker 1: bad day, it's a pattern concern. Right. It is pretty
• 33:34
  Speaker 1: clear he has never gotten the trust of the rank
• 33:37
  Speaker 1: and file, and now his leadership style is landing with
• 33:44
  Speaker 1: a thud to be generous, So you really effective FBI
• 33:50
  Speaker 1: directors have to be disciplined, and let's just say this
• 33:52
  Speaker 1: guy lacks discipline. So what's the institutional damage over time?
• 33:56
  Speaker 1: This kind of leadership question spreads morale drops, turnover rises,
• 34:02
  Speaker 1: experience walks out the door, field office to stop trusting headquarters.
• 34:07
  Speaker 1: You don't know what intelligence is being put in. I
• 34:09
  Speaker 1: really worry that our rank and file intel folks don't
• 34:12
  Speaker 1: trust the people in charge. And I understand that right
• 34:15
  Speaker 1: because Donald trust it. Donald Trump doesn't want to trust
• 34:17
  Speaker 1: our own institutions. So here we are. The bureau now
• 34:21
  Speaker 1: starts running on a habit instead of direction, and that's
• 34:24
  Speaker 1: when mistakes happen. That's when things get missed. And the
• 34:30
  Speaker 1: last thing we need is the FBI's reputation to take
• 34:33
  Speaker 1: another hit. And right now Cash Ptel leading the FBI
• 34:37
  Speaker 1: is giving it a pretty big black eye at the moment. Now,
• 34:41
  Speaker 1: let's layer in the politics. Part of Petel's durability appears
• 34:44
  Speaker 1: tied to his willingness to carry out the president's agenda
• 34:47
  Speaker 1: right particularly around purges and the targeting of perceived enemies.
• 34:50
  Speaker 1: And I think he thinks anytime he's in trouble he
• 34:53
  Speaker 1: can just sort of lean in on that. And because
• 34:56
  Speaker 1: you know, there's no way they'll get anybody as sort
• 35:01
  Speaker 1: of there's no way he can get another FBI director
• 35:05
  Speaker 1: who will be as willing to do what Patel does.
• 35:09
  Speaker 1: And he's counting on that as his get out of
• 35:12
  Speaker 1: get out of jail free card with the west Wine.
• 35:15
  Speaker 1: So you're going to get this tensions concerns inside the
• 35:17
  Speaker 1: institution paired with protection from above. At least that's what
• 35:20
  Speaker 1: it looks like publicly. But you know what, here's one
• 35:24
  Speaker 1: thing you need to understand about Donald Trump. He hates
• 35:27
  Speaker 1: anecdotes about drinking. And I promise you he didn't like,
• 35:33
  Speaker 1: and remember word came out that he didn't like Patel
• 35:35
  Speaker 1: being on camera chugging a beer at that at the Olympic,
• 35:40
  Speaker 1: at the post Olympic celebration with the US men's hockey team.
• 35:43
  Speaker 1: I do think the reports of his drinking, and the
• 35:46
  Speaker 1: consistent reports of his drinking that stuff Trump hates. So
• 35:51
  Speaker 1: while Trump may not like to throw somebody under the
• 35:55
  Speaker 1: bus after public political pressure, I do think Ptel's stays number.
• 36:02
  Speaker 1: This is why this feels like not a question of if,
• 36:04
  Speaker 1: but more like a question of when. Because after the
• 36:08
  Speaker 1: story ran, the reporter of The Atlantic, p Sarah fit Patrick,
• 36:12
  Speaker 1: went on ce Inn and added something for reportant. She said,
• 36:14
  Speaker 1: but tell himself has been telling people close to him
• 36:17
  Speaker 1: that he believes he's about to be fired, so he
• 36:20
  Speaker 1: knows he's got some issues inside the West Wing. And
• 36:23
  Speaker 1: more than that, senior administration officials have already been discussing
• 36:27
  Speaker 1: who his successor would be, not whether, but who. So
• 36:31
  Speaker 1: it's clear this is about and if anything, knowing Trump World,
• 36:38
  Speaker 1: some of Sarah Fitzpatrick's sources in the Atlantic probably came
• 36:41
  Speaker 1: straight from the West Wing and straight from inside the
• 36:43
  Speaker 1: White House. Like these folks, this is how they play.
• 36:47
  Speaker 1: They will publicly say they don't trust major news organizations
• 36:53
  Speaker 1: like The Atlantic, who do independent reporting, but they certainly
• 36:57
  Speaker 1: leak like a sieve when they've got when they've got
• 37:01
  Speaker 1: a point that they want to make sure it gets
• 37:02
  Speaker 1: into public and that when they've got information that they
• 37:05
  Speaker 1: actually want the public to believe. All Right, before we
• 37:09
  Speaker 1: get to my great conversation with Sarah Esker about how
• 37:12
  Speaker 1: we can save the judiciary branch, although she claims it's
• 37:17
  Speaker 1: the last branch standing, I think it's barely standing. Before
• 37:20
  Speaker 1: we get to that and our quest to try to
• 37:24
  Speaker 1: get us back on the in a better direction. When
• 37:27
  Speaker 1: it comes to small D democracy, let's talk about Virginia
• 37:31
  Speaker 1: and where that is headed, because that's the battling closes
• 37:39
  Speaker 1: on Tuesday. We've had a couple of polls, both showing
• 37:44
  Speaker 1: the same thing. It appears that a narrow majority will
• 37:47
  Speaker 1: end up doing this. The massive get out the vote
• 37:51
  Speaker 1: effort here in northern Virginia has been increasing the financial
• 37:56
  Speaker 1: disparity between those that are trying to get these maps
• 37:58
  Speaker 1: changed and those that are trying to stop it. Is
• 38:01
  Speaker 1: probably why this will pass fifty two forty eight. But
• 38:04
  Speaker 1: it looks like it's going to be closer than the
• 38:06
  Speaker 1: experts think. And you know what's ironic is they're doing
• 38:13
  Speaker 1: this for two seats. This is not for four seats.
• 38:17
  Speaker 1: This is for two. Right. Have they made no changes?
• 38:20
  Speaker 1: If this map is rejected, right, and we stick with
• 38:23
  Speaker 1: this six' five, Map democrats are likely to still pick
• 38:27
  Speaker 1: up two districts under the old. Lines the first and
• 38:30
  Speaker 1: the second both have already become. Bluer they're both suburban
• 38:33
  Speaker 1: districts Ones Virginia beach ones in a little bit different,
• 38:35
  Speaker 1: area but they're both getting. Bluer they didn't need to
• 38:39
  Speaker 1: redrop a map to get an eight three. Advantage so
• 38:42
  Speaker 1: just think about. It and you, Know i've been harping on.
• 38:44
  Speaker 1: This they're pissing away all this political. CAPITAL i, Mean
• 38:47
  Speaker 1: Abigail spamberger is you, know already lost her brand with
• 38:52
  Speaker 1: a lot of a lot of folks in the in
• 38:54
  Speaker 1: the sort OF dc intelligence. Here whether that's fair or.
• 38:58
  Speaker 1: Not you, know she's got certainly has time to fix,
• 39:00
  Speaker 1: it but she really does not look like she's in
• 39:03
  Speaker 1: charge Of. Virginia that, instead it's The democratic controlled, legislature
• 39:09
  Speaker 1: whether It's Louise lucas Or Speaker. Scott but they seem
• 39:12
  Speaker 1: to be calling the shots and she just does whatever
• 39:15
  Speaker 1: is asked of. Her it's you, know it's been a
• 39:19
  Speaker 1: terrible start start for, her and the polling has shown it.
• 39:23
  Speaker 1: Right she is the got the lowest job rating of any. Governor,
• 39:28
  Speaker 1: this you, know in the first one hundred days of her,
• 39:30
  Speaker 1: governorship any governor we've had since nineteen ninety. Three that's saying.
• 39:36
  Speaker 1: Something and it's been a mix of d's and rs
• 39:39
  Speaker 1: and all of, that and she's at the. LOWEST i
• 39:42
  Speaker 1: never would have guessed. THAT i never would have guessed,
• 39:44
  Speaker 1: that BUT i thought she would have shown some. Independence
• 39:47
  Speaker 1: but this is what, happens right when you, know the
• 39:50
  Speaker 1: pressure that an executive, gets whether you're. President we saw
• 39:53
  Speaker 1: it With Joe biden Where democrats got control of both
• 39:56
  Speaker 1: The house and The senate and suddenly the, left he
• 39:59
  Speaker 1: got dragged of the la. Left, well she wins Both,
• 40:02
  Speaker 1: democrats you, Know democrats are in charge of both The
• 40:04
  Speaker 1: assembly and the State. Senate she gets dragged to the.
• 40:07
  Speaker 1: Left we saw. This pat McCrory In North carolina got
• 40:10
  Speaker 1: dragged to the. Right you, know the all party control
• 40:16
  Speaker 1: isn't always what it's cracked up to be because of
• 40:20
  Speaker 1: suddenly you as an, executive particularly if you're a governor or,
• 40:23
  Speaker 1: president where you want to try to stay above this partisan.
• 40:27
  Speaker 1: POLITICS i, say, generally not all governors or presidents end
• 40:30
  Speaker 1: up wanting to do, that but generally they. Do and
• 40:34
  Speaker 1: she's in this and she's you, know, look she's made
• 40:37
  Speaker 1: a political, decision BUT i don't understand she's nothing to worry.
• 40:41
  Speaker 1: About there's no reelection with the, governor so she should
• 40:44
  Speaker 1: have felt freer to push back on the. Left so
• 40:47
  Speaker 1: the fact that she hasn't has BEEN i have to tell,
• 40:53
  Speaker 1: You i'm. SURPRISED i thought she was going to have
• 40:55
  Speaker 1: a stiffer spine on some of these. Things and maybe she.
• 40:58
  Speaker 1: Will maybe this will be a lesson learned because this has.
• 41:02
  Speaker 1: Been you, know even If democrats, win what if they,
• 41:05
  Speaker 1: Won so, anyway let's assume they do. Win all, right
• 41:09
  Speaker 1: let me walk you through what this map is going
• 41:13
  Speaker 1: to look. Like you, know so the way they do
• 41:17
  Speaker 1: it is actually pretty. Textbook. Right you start with your
• 41:19
  Speaker 1: safer districts and you squeeze. Them so you take these
• 41:23
  Speaker 1: deep Northern virginia, seats the eighth and the. Eleventh i'm
• 41:26
  Speaker 1: in the eighth congressional. District That's Don bayer it's all Of.
• 41:30
  Speaker 1: Arlington now they're going to cut It arlington in half
• 41:33
  Speaker 1: and do all. This the eleventh is the one that
• 41:35
  Speaker 1: included a lot Of Fairfax. County they're going to mess
• 41:37
  Speaker 1: around with that as. Well both are Overwhelmingly, democrats so
• 41:40
  Speaker 1: under this, map they Stay, democrat but they get trimmed
• 41:44
  Speaker 1: and they'll Pull democratic voters out of those two districts
• 41:47
  Speaker 1: and they'll move them into some neighboring competitive. Districts they're
• 41:50
  Speaker 1: doing the same thing in The richmond, suburbs the same
• 41:52
  Speaker 1: thing In Hampton. Roads their Core democratic districts stay, blue
• 41:56
  Speaker 1: but they've tightened up just enough to export voters. Elsewhere
• 42:00
  Speaker 1: so when you look at the districts that are already
• 42:02
  Speaker 1: Leaning democratic but that are not quite, safe you look
• 42:05
  Speaker 1: at the seventh and the. Tenth the tenth is the
• 42:07
  Speaker 1: one that has a. Piece it's, like it's Got Louden,
• 42:09
  Speaker 1: county it's Got, maclan got a little bit of The Shenandoah.
• 42:11
  Speaker 1: Valley the seventh is that one that kind of basically
• 42:14
  Speaker 1: Connects Northern virginia suburbs with The richmond suburbs sort of.
• 42:19
  Speaker 1: Right so they're getting. Reinforced so the tenth gets more
• 42:22
  Speaker 1: Of Louden, county which has been trending bluer and. Bluer
• 42:27
  Speaker 1: they'll lose some of those rural ledges which kept it
• 42:29
  Speaker 1: swinging at. Times the seventh will become more consolidated as
• 42:33
  Speaker 1: a suburban. Seat it pulls in more Of Prince william
• 42:36
  Speaker 1: and it's shedding more of its conservative. Areas and then
• 42:39
  Speaker 1: suddenly they took two semi competitive. Districts they became much
• 42:42
  Speaker 1: harder For republicans to, win at least in a midterm
• 42:44
  Speaker 1: that looks like. This not all of these districts are
• 42:46
  Speaker 1: going to be slammed dunks if the political winds will
• 42:49
  Speaker 1: start blowing in the other, direction by the, way but
• 42:52
  Speaker 1: here's where they get. Aggressive the real action is in
• 42:54
  Speaker 1: the districts that are Currently. Republican Hel in the first,
• 42:57
  Speaker 1: district which was already trending, blue this is ROB i
• 43:00
  Speaker 1: think they could have pulled this off without having to
• 43:02
  Speaker 1: do a, remap but they push it. Further they take
• 43:05
  Speaker 1: out some conservative rural, areas add Some richmond, suburbs and then,
• 43:09
  Speaker 1: suddenly instead of being A republican leaning, seat it's A
• 43:11
  Speaker 1: democratic leaning. Seat and they did the same thing With Virginia.
• 43:14
  Speaker 1: Beach they stripped out a few conservative, pockets added more urban,
• 43:17
  Speaker 1: areas urban cores Of, Norfolk Virginia, beach just to make
• 43:21
  Speaker 1: it slightly. Bluer and now both are them leaning again
• 43:24
  Speaker 1: in a Good republican the year they both could actually,
• 43:26
  Speaker 1: flip but it would be harder to. Flip but the
• 43:30
  Speaker 1: biggest change might be the fifth. District right, now it's
• 43:32
  Speaker 1: a Solid republican, district a little bit Of charlottesville in,
• 43:34
  Speaker 1: there but under this, map they crack it and they
• 43:38
  Speaker 1: pull it Towards charlottesville And. Lynchburg they cut away from
• 43:41
  Speaker 1: the rural base and they. Flipped it wasn't a, tweak total.
• 43:44
  Speaker 1: Redesign and then the six a traditionally Safe republican, territory
• 43:49
  Speaker 1: it got reshaped. There it starts by connecting college, towns.
• 43:53
  Speaker 1: Stretch then they stretch the lines. More they created a
• 43:56
  Speaker 1: hybrid district that becomes. Competitive it's not guaranteed, democratic but
• 44:01
  Speaker 1: it's no longer Safety republican. Either this is the one
• 44:03
  Speaker 1: where if they end up nine to two instead of
• 44:05
  Speaker 1: ten to, one it'll be this district that doesn't go.
• 44:08
  Speaker 1: Democratic and then you ask, yourself whow they did all
• 44:11
  Speaker 1: of this for one additional. SEAT i, mean this is
• 44:14
  Speaker 1: WHY i think this is just such an asinine. DECISION
• 44:17
  Speaker 1: i understand the energy behind, IT i understand the frustration
• 44:20
  Speaker 1: of What texas was, doing but all of this rigormarole
• 44:25
  Speaker 1: for maybe one or two extra seats seems like a
• 44:31
  Speaker 1: waste of political. Capital but we shall. See. Now the
• 44:34
  Speaker 1: final move in this re, redistricting and it's the most,
• 44:37
  Speaker 1: revealing is they take all the Remaining republican strength and
• 44:40
  Speaker 1: they essentially pack it into one, district the. Ninth it's
• 44:44
  Speaker 1: sort of like a, sink if you, will, Right they've
• 44:47
  Speaker 1: just drained all of The republicans into this ninth. Sink
• 44:50
  Speaker 1: every conservative precinct you don't want influencing other, races it
• 44:54
  Speaker 1: gets put into this ninth, sink if you, will one
• 44:59
  Speaker 1: Overwhelming republican seat in order to try to Keep republican
• 45:03
  Speaker 1: voters having any influence anywhere. Else so what is this?
• 45:06
  Speaker 1: Really if the amendment, Fails democrats probably gain seats, anyway
• 45:10
  Speaker 1: just through democraphic. Change if it, passes they don't just gain,
• 45:13
  Speaker 1: them they basically will guarantee them before election, day which
• 45:17
  Speaker 1: kind of makes the victory s puic in my, opinion,
• 45:19
  Speaker 1: RIGHT i think they'd actually mean something and they would
• 45:21
  Speaker 1: be reflective of where the voter will is more if
• 45:24
  Speaker 1: they want a fair. MAP i think your your mandate
• 45:28
  Speaker 1: is more concrete if you win and gain seats via
• 45:31
  Speaker 1: a fair map than if you rig. It but, hey
• 45:34
  Speaker 1: that's just. Me so we'll see what. Happens i'm we're
• 45:39
  Speaker 1: going to have live ELECTION i coverage My friends And
• 45:41
  Speaker 1: Decision death And, crystalizo so we will be live at seven.
• 45:44
  Speaker 1: Pm virginia's at fast counting. State we expect to do
• 45:47
  Speaker 1: a one hour, special probably be done by eight, pm
• 45:49
  Speaker 1: so we should know pretty quickly if We're if we,
• 45:54
  Speaker 1: don't it means we're waiting for the Northern virginia, counting
• 45:58
  Speaker 1: which is always it is south to north the Way virginia.
• 46:01
  Speaker 1: Counts so if it's not clear what this vote's going to,
• 46:07
  Speaker 1: be then maybe we are on for. Later BUT I
• 46:14
  Speaker 1: i don't know what The democrats think they've won, here
• 46:17
  Speaker 1: AND i don't think winning is going to feel as
• 46:19
  Speaker 1: good as they think it does when all of a,
• 46:21
  Speaker 1: Sudden all, right with, that let's sneak in a break and
• 46:23
  Speaker 1: when we come. Back my Friend Sarah issker on her new,
• 46:27
  Speaker 1: Book The Last Branch standing and her outstanding and fun
• 46:31
  Speaker 1: and fascinating reform idea for the judiciary branch and what
• 46:36
  Speaker 1: we will call provisional confirmation hearings provisional confirmation. Votes i'll
• 46:42
  Speaker 1: let you listen to the interview to hear it in.
• 46:45
  Speaker 1: Full this episode of The Chuck podcast is brought to
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• 48:27
  Speaker 1: you remember my interview With Sarah, isker, OH i want to,
• 48:30
  Speaker 1: say like four months, ago we prompt soon when her
• 48:35
  Speaker 1: book came out because we had more to. Debate in,
• 48:38
  Speaker 1: FACT i had a weird idea for her about how
• 48:41
  Speaker 1: to fix the, judiciary and we're going to get to.
• 48:44
  Speaker 1: That but her book is. Out it is Called The
• 48:47
  Speaker 1: Last Branch. Standing for those of you who aren't familiar With.
• 48:51
  Speaker 1: Sarah she's currently part of The. Dispatch if you're a podcast,
• 48:57
  Speaker 1: obsessor you might listen to The Advisory opinion podcast with
• 49:00
  Speaker 1: her And David. French it. Is she's sort of the
• 49:03
  Speaker 1: legal expert of all things legal for The. Dispatch she
• 49:08
  Speaker 1: has worked at The Justice department in a previous. Administration
• 49:14
  Speaker 1: AND i guess would try to describe herself as right of, Center,
• 49:16
  Speaker 1: sarah how would you describe.
• 49:17
  Speaker 2: Herself without a party conservative whatever that means.
• 49:24
  Speaker 1: Today that's when you, say you, know it's, interesting you,
• 49:27
  Speaker 1: know let's LET'S i want to steal on this a. Minute,
• 49:29
  Speaker 1: yeah because AND i bet you you've had a conversation
• 49:34
  Speaker 1: similar conversation With Joanah. Goldberg and on one, level we're all, liberals, correct,
• 49:39
  Speaker 1: right because we believe in liberal.
• 49:44
  Speaker 2: Correct that's Why i'm conservative Because i'm a, liberal WHICH
• 49:48
  Speaker 2: i know is the weirdest phrase.
• 49:49
  Speaker 1: Ever but actually laying that to people that are trying
• 49:51
  Speaker 1: to understand, that how would you.
• 49:52
  Speaker 2: Expl talk about this in the book? Too because people
• 49:57
  Speaker 2: try to think about the court or the media is
• 50:00
  Speaker 2: times covers the court like they Cover, Congress And i'm, like,
• 50:03
  Speaker 2: yes there's an ideological spectrum on the, court and yes
• 50:09
  Speaker 2: it's conservative to, liberal but it doesn't map onto our
• 50:13
  Speaker 2: politics particularly. Well it maps far better onto what you're talking,
• 50:17
  Speaker 2: about or sort of the actual like political science spectrum
• 50:22
  Speaker 2: where you have anarchy on the one side and statism
• 50:27
  Speaker 2: on the other. Side all of us are in the
• 50:29
  Speaker 2: middle of that spectrum, somewhere and we hold wildly contradictory.
• 50:35
  Speaker 2: Views you, know limiting, abortion you, know or maybe guns
• 50:44
  Speaker 2: is a better. Example, uh gun regulation is, statist but,
• 50:51
  Speaker 2: uh you, know free speech is, anarchy, right and so
• 50:53
  Speaker 2: like you can have all sorts of things that you
• 50:57
  Speaker 2: can plot along that. Line Uh so the Reason i'm a,
• 51:00
  Speaker 2: conservative conservatism is like that line right in the middle
• 51:04
  Speaker 2: where it's like status. Quo before we change, ANYTHING i
• 51:07
  Speaker 2: want us to think really hard about it because we've
• 51:09
  Speaker 2: got a pretty good country and a pretty good, life
• 51:11
  Speaker 2: and if we make, CHANGES i want to make small.
• 51:14
  Speaker 2: Changes see look, around, like is everything still? Okay what
• 51:17
  Speaker 2: what were the second third order? Effects? Okay? Good that was.
• 51:20
  Speaker 2: Good let's make another little change. Then so that's WHAT
• 51:23
  Speaker 2: i mean by a, conservative Because i'm.
• 51:25
  Speaker 1: Liberal so what would you SO i called MY i
• 51:28
  Speaker 1: don't so WHAT i you, KNOW a lot of people
• 51:30
  Speaker 1: try to call me a. Centrist you, know let's, say you,
• 51:33
  Speaker 1: know or they, moderate OR i get.
• 51:35
  Speaker 2: That i've heard people call you all sorts of.
• 51:37
  Speaker 1: Things i've. Had i've had a lot of name, names
• 51:39
  Speaker 1: but like those that are like semi serious about. It
• 51:42
  Speaker 1: somebody called me a you, Know i'm going to name
• 51:44
  Speaker 1: drop here because you know that's what we do. Now it's, influencers.
• 51:47
  Speaker 1: Right bono called me a radical, centrist And i've always.
• 51:51
  Speaker 2: That's actually the best name drop i've.
• 51:54
  Speaker 1: Yeah, Yeah and it was at one of these by the, Way.
• 51:59
  Speaker 2: SO i in my book in THAT i have little
• 52:02
  Speaker 2: mini chapters for each of the. Justices And Brett kavanaugh's
• 52:08
  Speaker 2: biggest regret in life is that when he was staff
• 52:11
  Speaker 2: secretary For GEORGE. W, bush he didn't ask for a
• 52:14
  Speaker 2: picture With. Bono he was, like you, Know i'm a.
• 52:16
  Speaker 2: Staffer i'm supposed to be like, serious And he's.
• 52:19
  Speaker 1: Like it was a huge. Mistake CAN i just tell
• 52:21
  Speaker 1: you the single by the quick eyed side on working
• 52:23
  Speaker 1: at The White house or WHAT i did covering The White.
• 52:26
  Speaker 1: House the piece of ADVICE i got was always have
• 52:29
  Speaker 1: a stash of baseballs in your work area because you
• 52:34
  Speaker 1: never know who's coming to The White house on any given.
• 52:36
  Speaker 1: Name and SO i took that ADVICE i got you,
• 52:40
  Speaker 1: know you, know ended up With Willie, mays ended up
• 52:43
  Speaker 1: with Stand, usual ended up Within Scully like it was
• 52:46
  Speaker 1: just like it was NOW i cheaped out and they
• 52:49
  Speaker 1: Were Dick's baseball's not Official Major League, baseball so they're
• 52:53
  Speaker 1: not worth as much on the quote open, market.
• 52:55
  Speaker 2: But please say you're not throwing. Them so like what
• 52:57
  Speaker 2: my and.
• 52:58
  Speaker 1: My Willie may's autograph, WAS i got that one On
• 53:00
  Speaker 1: Air force. One how do you like them? Apples?
• 53:02
  Speaker 2: Right, like you, Know, DAD i so AT, dj we
• 53:06
  Speaker 2: did not have as many celebrities coming. Through in, fact
• 53:09
  Speaker 2: we sort of frown on letting anyone in the. Building
• 53:11
  Speaker 2: but if you, remember at the peak of The mueller,
• 53:13
  Speaker 2: investigation The Washington post like went out to artists and
• 53:18
  Speaker 2: was like do your art but ABOUT. Dj and this
• 53:23
  Speaker 2: is actually an incredible. SONG i highly. Recommended it's Called
• 53:26
  Speaker 2: Mister peepers By Ben folt of Previous Ben folds, five
• 53:31
  Speaker 2: AND i really really loved the, song like, GENUINELY i
• 53:35
  Speaker 2: just think it's a great. SONG i will tell, You,
• 53:37
  Speaker 2: LIKE i listened to it so. Often spotify is, like,
• 53:40
  Speaker 2: oh you're like number one's. Song SO i was, like
• 53:43
  Speaker 2: we're going to Find Ben, folds AND i, did and
• 53:46
  Speaker 2: he came TO doj and we had an. Exchange we
• 53:51
  Speaker 2: signed constitutions for him and he signed a little LIKE
• 53:57
  Speaker 2: lp of his, Record Mister peepers for.
• 53:59
  Speaker 1: Us that's so. Good you. Know that does Mean i'm
• 54:02
  Speaker 1: just gonna have to go listen To Mister. Peepers, Now
• 54:04
  Speaker 1: i've got to.
• 54:04
  Speaker 2: Understand so Ben folds is like a very HIGH iq. Guy, yeah,
• 54:09
  Speaker 2: Yeah and the song basically makes the illusion Of Rod
• 54:14
  Speaker 2: rosenstein To lord of The flies And piggy with the,
• 54:19
  Speaker 2: glasses and that they're all trying to Kill piggy and
• 54:23
  Speaker 2: like this fragile Young republic is actually one of the.
• 54:25
  Speaker 2: Lyrics of, course Quoting Benjamin, franklin it is a smart,
• 54:29
  Speaker 2: song like they should study it In english literature.
• 54:32
  Speaker 1: Class, so, BOY i love having you on because it's
• 54:36
  Speaker 1: all rabbit, holes all, Right but if we're going to
• 54:38
  Speaker 1: go off on this rabbit, Hole i've got two songs
• 54:42
  Speaker 1: that fit that category of sort of Like Joey ramone
• 54:47
  Speaker 1: did a song Called Maria Bartiromo.
• 54:49
  Speaker 2: No and What it's.
• 54:51
  Speaker 1: Fantastic it's it's all about he was obsessed with it
• 54:55
  Speaker 1: was back which she was AT. Cnbc, yeah and he
• 54:58
  Speaker 1: was obsessed WITH. Cnbc he was watched all of his
• 55:00
  Speaker 1: investments and literally there's a lyric what's happening at the stock?
• 55:04
  Speaker 1: Market you Know Marie Barter, roman.
• 55:08
  Speaker 2: She does have a lyrical.
• 55:10
  Speaker 1: Name it is a riot and it's like again like
• 55:15
  Speaker 1: when you hear, it it's just like what's happening on squat?
• 55:18
  Speaker 1: Box and he did, this like you know he's. Dead
• 55:20
  Speaker 1: he did this is like twenty years. Ago he did this.
• 55:23
  Speaker 1: Song AND i remember early on AT, NBC i prepped
• 55:26
  Speaker 1: her for a, debate and you, know WHEN i was
• 55:30
  Speaker 1: his political, director and she didn't have the greatest sense
• 55:34
  Speaker 1: of humor about. IT i thought she. WOULD i was
• 55:37
  Speaker 1: like really fired, up and you, KNOW i think it's.
• 55:40
  Speaker 2: Actually better than but like it's like being parodied ON
• 55:43
  Speaker 2: snl where you're, like that's you've.
• 55:45
  Speaker 1: A, Right they've. Arrived Joey, RAMO.
• 55:49
  Speaker 2: I, mean oh my, god happened to the other?
• 55:51
  Speaker 1: That and the other one Is rim did a? Song
• 55:56
  Speaker 1: do you remember the Weird Dan? Rather and you're a
• 55:59
  Speaker 1: little bit younger THAN i, am you might not remember.
• 56:00
  Speaker 1: This so one Day Dan rather's done with the news
• 56:02
  Speaker 1: AND i guess he gets. Mugged one night In New
• 56:04
  Speaker 1: york walking home or, something and he talked about getting,
• 56:07
  Speaker 1: mugged and he said the guy kept, saying what's the?
• 56:09
  Speaker 1: Frequency kenneth and Ri em did an entire song Called
• 56:14
  Speaker 1: what's The frequency Kenn and it's.
• 56:17
  Speaker 2: Just such a little dark but, yeah.
• 56:20
  Speaker 1: But IT'S i guess the song is one of THOSE
• 56:22
  Speaker 1: i never get out of my head and for, ANYBODY
• 56:24
  Speaker 1: i think HOPEFULLY i put him in so that we
• 56:27
  Speaker 1: by the, WAY i think we could create a playlist
• 56:29
  Speaker 1: of some of these lives like political.
• 56:30
  Speaker 2: Songs, well just so you, Know Rod rosenstein actually like
• 56:34
  Speaker 2: loves Mister, peepers and he AND i. TALK i don't
• 56:38
  Speaker 2: want to say like every, day but like close to every.
• 56:40
  Speaker 2: Day we, Will, yeah we will sometimes just still exchange
• 56:43
  Speaker 2: lyrics from Mister. Peepers it's.
• 56:45
  Speaker 1: Fantastic so after we got, DERAILED i was going to ask,
• 56:49
  Speaker 1: YOU i call myself an, incrementalist not a, centrist not.
• 56:53
  Speaker 1: ANYTHING i could just say incrementalists for the reason you
• 56:56
  Speaker 1: just described yourself as SMALL c, conservative which you could,
• 56:59
  Speaker 1: argue which IS i believe for a country of three
• 57:01
  Speaker 1: hundred fifty million people that you, know sometimes we'll move
• 57:06
  Speaker 1: to do something. Progressive sometimes we'll do something you, know
• 57:10
  Speaker 1: more libertarian to me is the real sort of. Distinction,
• 57:13
  Speaker 1: right are we going to have less government involvement more government? Involvement?
• 57:16
  Speaker 1: Right i'm willing to experiment if there's, consensus but only
• 57:20
  Speaker 1: a baby step at a. Time so you would you
• 57:23
  Speaker 1: put me, yeah.
• 57:24
  Speaker 2: In, law we would call that you'd be A burkian
• 57:26
  Speaker 2: minimalist no. Revolutions in the BOOK i DESCRIBE i have
• 57:32
  Speaker 2: this like spectrum for the, Justices, like, yes there's an ideological,
• 57:34
  Speaker 2: spectrum but there's also this institutionalist incrementalist, spectrum AND i
• 57:40
  Speaker 2: sort of call it aim small miss small if you
• 57:42
  Speaker 2: remember from the movie To. Patriot, okay so if we
• 57:47
  Speaker 2: were doing the BuzzFeed quiz of which justice are? You
• 57:51
  Speaker 2: based on that spectrum, alone we've narrowed you down actually
• 57:55
  Speaker 2: quite a, bit so you are down to the chief
• 58:00
  Speaker 2: And kagan.
• 58:01
  Speaker 1: That would have been my guest.
• 58:03
  Speaker 2: Too, yeah we could ask you some more questions and
• 58:05
  Speaker 2: like which?
• 58:07
  Speaker 1: One?
• 58:07
  Speaker 2: Yeah, Yeah so you, know do you think that you
• 58:11
  Speaker 2: have a unique perspective and you like to make sure
• 58:15
  Speaker 2: that people understand you because you don't like being misunderstood
• 58:18
  Speaker 2: or people assuming what you think that that sounds like
• 58:21
  Speaker 2: you to, me LIKE i, mean given your, job, right
• 58:25
  Speaker 2: so that knocks out the chief right somewhere.
• 58:29
  Speaker 1: Between kavan And. Kagan, yeah it's funny you say, that
• 58:31
  Speaker 1: BECAUSE i, remember AND i think you AND i have
• 58:33
  Speaker 1: had A i remember, believing AND I i Remember Susan
• 58:39
  Speaker 1: collins saying this to a source of. MIND i couldn't
• 58:44
  Speaker 1: directly confirm it with, her but it was sort of she,
• 58:47
  Speaker 1: SAID i Think kagan And kavanaugh will be the new
• 58:49
  Speaker 1: center of The, court and that was always her rationale
• 58:52
  Speaker 1: for Supporting, kavanhaugh and that she believed that the two
• 58:55
  Speaker 1: of them were fairly, close and that they were professionally,
• 58:58
  Speaker 1: close and that would they would be the. Center AND
• 59:02
  Speaker 1: i think the open question has always been did the
• 59:04
  Speaker 1: confirmation process have an impact On kavanaugh that changed that?
• 59:09
  Speaker 1: Mindset and you know that's.
• 59:12
  Speaker 2: INCREDIBLE i think is he is in the majority more
• 59:17
  Speaker 2: than any other justice in the modern, era including the
• 59:20
  Speaker 2: justice that he, replaced more Than sandredy, O'Connor more Than Anthony,
• 59:25
  Speaker 2: kennedy which is wild because.
• 59:27
  Speaker 3: We always thought it that majority maker for the longest, Time,
• 59:29
  Speaker 3: right he was the majority, maker, Right AND i think
• 59:33
  Speaker 3: that thinking Of kagan as the center of the, court
• 59:37
  Speaker 3: maybe that's not the right.
• 59:38
  Speaker 2: Word but she plays far more of a role behind
• 59:41
  Speaker 2: the scenes THAN i think people realize because all they're
• 59:44
  Speaker 2: seeing is the votally and they don't think a lot
• 59:46
  Speaker 2: About kagan is a strategic, player, right which general? Taking,
• 59:53
  Speaker 2: yeah how.
• 59:53
  Speaker 1: Many solicitor generals are on the?
• 59:54
  Speaker 2: Court former solicitor, generals actual solicitor. General it's just her for.
• 1:00:00
  Speaker 2: Us some of them served in the Solicitor general's. Office
• 1:00:04
  Speaker 2: So alito And roberts had both been assistant solicitors.
• 1:00:08
  Speaker 1: General, okay do you think that makes you more likely
• 1:00:13
  Speaker 1: to be more collaborative if you're in that solicitor general
• 1:00:17
  Speaker 1: role or? Not and that's always is that still the Tenth?
• 1:00:21
  Speaker 1: Justice that's always been the, Joke, right it's the Tenth.
• 1:00:23
  Speaker 2: JUSTICE i don't think after this administration that is.
• 1:00:29
  Speaker 1: Fair.
• 1:00:30
  Speaker 2: Point, yeah it's just not right. Now they do not
• 1:00:33
  Speaker 2: sort of give that person The there was like a
• 1:00:37
  Speaker 2: conversationalism to it of, like, yeah, yeah we saw you last,
• 1:00:40
  Speaker 2: week how's your mother? Anyway what are you here to
• 1:00:42
  Speaker 2: talk about? Today? Right that's that's not happening. Anymore BUT
• 1:00:50
  Speaker 2: i think the bigger thing that you're getting, at actually
• 1:00:54
  Speaker 2: that has a bigger effect is that they worked in
• 1:00:56
  Speaker 2: the executive, branch and a lot of the current justices
• 1:00:59
  Speaker 2: worked in the executive. Branch you compare this court to
• 1:01:02
  Speaker 2: the court that decided Like brown. V board Of. Education
• 1:01:06
  Speaker 2: The brown. V board Of education court had first of,
• 1:01:10
  Speaker 2: all eight of them had served in the. Military that's not, surprising,
• 1:01:13
  Speaker 2: Right we're in the wake Of World war. Two five
• 1:01:15
  Speaker 2: of them had held elected, office a governor and some
• 1:01:20
  Speaker 2: senators and a. Congressman two of them had been attorneys.
• 1:01:24
  Speaker 2: General one of them didn't have a law. Degree five
• 1:01:28
  Speaker 2: of them had graduated from a public law. School you,
• 1:01:31
  Speaker 2: know compare that to the court we have now six
• 1:01:36
  Speaker 2: of them clerked on The Supreme. Court almost all went
• 1:01:40
  Speaker 2: To Ivy league schools except For Justice. Barrett almost all
• 1:01:43
  Speaker 2: of them have worked in the executive. Branch none had
• 1:01:47
  Speaker 2: any serious jobs In, congress, though for, Instance Elena kagan
• 1:01:51
  Speaker 2: at one point briefly worked On Ruth Bader ginsburg's confirmation
• 1:01:56
  Speaker 2: in The Senate Judiciary. Committee that's not like Representing article
• 1:02:00
  Speaker 2: one in any. Way AND i think we've lost something
• 1:02:04
  Speaker 2: as we've really narrowed that resume into The Supreme. Court
• 1:02:09
  Speaker 2: three of the justices replaced the justice they clerked, for
• 1:02:13
  Speaker 2: so the chief replaced The Chief Kate kavanaught Replaced Kennedy
• 1:02:18
  Speaker 2: jackson Replaced. Briar and when we talk about An alito,
• 1:02:21
  Speaker 2: retirement do you know who's number one on the list for,
• 1:02:24
  Speaker 2: replacements which Clerk Judge Andy, oldham one of his former.
• 1:02:28
  Speaker 2: Clerks because one way to convince A Supreme court justice
• 1:02:31
  Speaker 2: to retire is to, say don't, worry your legacy will.
• 1:02:35
  Speaker 2: Continue we'll pick one of your. Clerks and that has
• 1:02:38
  Speaker 2: really encouraged some of these justices to step down in
• 1:02:40
  Speaker 2: the very recent.
• 1:02:42
  Speaker 1: Past so the thing that bothers me the most about
• 1:02:46
  Speaker 1: This court Since sandrade O'Connor left is the lack of
• 1:02:50
  Speaker 1: experience on the campaign trail you are deciding, Issues, chuck.
• 1:02:56
  Speaker 2: You want me to be Able Supreme? Court i'm so.
• 1:02:58
  Speaker 1: Flattered well, go, YES i. DO i would look whether
• 1:03:04
  Speaker 1: understanding the impact of your rulings and how they might
• 1:03:08
  Speaker 1: play in the real. World i'm, sorry what you just
• 1:03:13
  Speaker 1: described are nine people that do not live in the normal.
• 1:03:16
  Speaker 1: World have not Really washington is its own bizarre, ecosystem
• 1:03:21
  Speaker 1: as you AND i both both. Know so you, know you,
• 1:03:26
  Speaker 1: KNOW i took some solace in the fact that at
• 1:03:31
  Speaker 1: Least sandrade O'Connor had asked for somebody's, vote would understand
• 1:03:38
  Speaker 1: how the average person deals with A Supreme court ruling
• 1:03:43
  Speaker 1: and how it can impact their way of. Life we
• 1:03:46
  Speaker 1: have gotten rid of that because of so many, right
• 1:03:48
  Speaker 1: we're so in a weird. Way the polarization is made
• 1:03:51
  Speaker 1: touching elected officials, impossible, right they seem like they'd be
• 1:03:54
  Speaker 1: impossible to. Confirm that's why you don't do. IT i
• 1:03:57
  Speaker 1: guess the last semi serious elected official considered is? It
• 1:04:02
  Speaker 1: is It Bruce? Babbitt? Right was It Mario? CUOMO i don't,
• 1:04:06
  Speaker 1: Know Bruce. Babbitt, well don't forget.
• 1:04:07
  Speaker 2: That Donald trump said that he would put Ted cruz
• 1:04:10
  Speaker 2: on The senate because it would make all the other
• 1:04:11
  Speaker 2: senators so.
• 1:04:12
  Speaker 1: HAPPY i look At alito opening feels very likely to.
• 1:04:17
  Speaker 1: Me it's the, summer and IF i, were it's.
• 1:04:20
  Speaker 2: Very, likely whether it's this summer or next. Summer like
• 1:04:22
  Speaker 2: it may not be this.
• 1:04:23
  Speaker 1: Summer, well, yes it may need to be this. Summer it.
• 1:04:27
  Speaker 1: MAY i, MEAN i think if you, look The senate
• 1:04:30
  Speaker 1: seems more in play every. Day thank You. Texas, well
• 1:04:34
  Speaker 1: it's not Just texas, now, right you Got, montana you Got. Iowa,
• 1:04:37
  Speaker 1: yeah main In North carolina already got already gone, Right
• 1:04:40
  Speaker 1: so now they just need to find two More ohio And.
• 1:04:44
  Speaker 1: Alaska look, Competitive you've Got, texas you GOT i mean
• 1:04:46
  Speaker 1: the point, IS i, think, look the prediction markets already
• 1:04:51
  Speaker 1: Have democrats favored to pick up The. SENATE i think
• 1:04:53
  Speaker 1: that's a little over h over, exuberant BUT i understand that.
• 1:04:58
  Speaker 1: Sentiment it certainly looks that. Way and in, fact IF
• 1:05:02
  Speaker 1: i Were Donald trump AND i were thinking about ways
• 1:05:05
  Speaker 1: to goose turnout in the, Midterms Supreme court opening would
• 1:05:09
  Speaker 1: be one THING i would.
• 1:05:10
  Speaker 2: Consider there is no question that This White house is
• 1:05:15
  Speaker 2: very eager to have A Supreme court opening and lower court.
• 1:05:19
  Speaker 2: Openings they are putting the word, out you, know let's.
• 1:05:25
  Speaker 1: Do, this we will who who's more?
• 1:05:28
  Speaker 2: Likely Definitely. Alito thomas has basically signaled that he does
• 1:05:32
  Speaker 2: not intend to, go so stop bugging. Him but this
• 1:05:37
  Speaker 2: is why when everyone's talking about, like Will trump pick
• 1:05:40
  Speaker 2: like a total lunatic to put on the? Court trump
• 1:05:43
  Speaker 2: may want to put a total lunatic on the. Court
• 1:05:45
  Speaker 2: don't get me, wrong but if they need to Coax
• 1:05:50
  Speaker 2: alito off the, bench they may have a bit of
• 1:05:54
  Speaker 2: their hands. Tied that may be part of the deal
• 1:05:58
  Speaker 2: that they. Make you, know if you. Retire now here's the,
• 1:06:01
  Speaker 2: person and so that may guarantee that we get a
• 1:06:06
  Speaker 2: normy like a Judge. Andyolda now you may think you
• 1:06:08
  Speaker 2: may not like his opinions or, whatever but like he
• 1:06:11
  Speaker 2: is a circuit judge with all the resume and everything
• 1:06:14
  Speaker 2: as a very normal. Pick you, know in terms.
• 1:06:17
  Speaker 1: Of, that the story About alito and that health issue last, month.
• 1:06:31
  Speaker 2: You, KNOW i have a very good friend who was
• 1:06:33
  Speaker 2: at that. Party, though CAN i.
• 1:06:35
  Speaker 1: Be a little bit like that felt? Forced that felt
• 1:06:38
  Speaker 1: like a forced?
• 1:06:39
  Speaker 2: Leak, yes, Okay so basically he as far AS i have, heard,
• 1:06:46
  Speaker 2: again this is not coming from the court or anything,
• 1:06:49
  Speaker 2: ELSE i have a friend who is at the. Event
• 1:06:51
  Speaker 2: it sounds like you got neurovirus at the. Party so
• 1:06:55
  Speaker 2: like he, was he was fine during the cocktail, hour
• 1:06:58
  Speaker 2: and then suddenly he was not. Fine if any of
• 1:07:00
  Speaker 2: us have ever had neurovirus or have young, children were
• 1:07:03
  Speaker 2: very aware of how that. Works they were hours away
• 1:07:06
  Speaker 2: from his, home and so the question was do you
• 1:07:09
  Speaker 2: drive home or do you stop by a hospital to
• 1:07:11
  Speaker 2: make sure it's neurovirus and not food poisoning or something like.
• 1:07:14
  Speaker 2: That so, like of course they went to the. Hospital
• 1:07:16
  Speaker 2: he has commercial Service it kind of seemed like a
• 1:07:19
  Speaker 2: non story to. Me they checked him, Out they're, like,
• 1:07:21
  Speaker 2: yeah you have, norovirus have a.
• 1:07:23
  Speaker 1: Fun it was a non story that. Day it didn't
• 1:07:26
  Speaker 1: and then and then it magically leaks out like two weeks,
• 1:07:28
  Speaker 1: later AND i was, like, hmm that's.
• 1:07:32
  Speaker 2: Intentional he's actually pretty young compared to other justices who have.
• 1:07:36
  Speaker 1: RETIRED i was just going to Take Thomas thomas. Is that's.
• 1:07:39
  Speaker 2: Right he's got a book coming out In. October and
• 1:07:42
  Speaker 2: some people have, said, like, well he made the book
• 1:07:44
  Speaker 2: publication for the first week of oral, argument so clearly
• 1:07:48
  Speaker 2: he doesn't intend to be on the. Court And i'm,
• 1:07:49
  Speaker 2: like Or Justice alito doesn't intend to sit through like
• 1:07:54
  Speaker 2: a whole book tour like some people. Do DID i mention? It,
• 1:07:58
  Speaker 2: No SO i think you can make arguments either. Way
• 1:08:02
  Speaker 2: he is enjoying his time on the. COURT i don't
• 1:08:04
  Speaker 2: think he necessarily wants to. Leave but the number one
• 1:08:07
  Speaker 2: reason to leave, is as you, say the midterm elections are.
• 1:08:10
  Speaker 2: Coming he would, like you, know someone like him to replace,
• 1:08:16
  Speaker 2: him whether it's one of his clerks or, not and
• 1:08:20
  Speaker 2: you don't want to lose that. Chance The ginsburg example
• 1:08:23
  Speaker 2: looms heavy on the court as does The scalia, Example.
• 1:08:30
  Speaker 1: Ted, Cruizer Mike lee is at all serious in your, mind.
• 1:08:37
  Speaker 2: You, know if it were any other? President, no but, like,
• 1:08:41
  Speaker 2: yeah BUT i think it's very. Unlikely you look at
• 1:08:43
  Speaker 2: the circuit picks that this administration is, picking and they
• 1:08:47
  Speaker 2: could be from the w. Administration almost all of them
• 1:08:50
  Speaker 2: have clerked for The Supreme, court which AGAIN i do
• 1:08:52
  Speaker 2: not like the narrowing of. This and IF i could
• 1:08:54
  Speaker 2: just go on a rant for a, second.
• 1:08:56
  Speaker 1: Please chuck you like my? Rants, yeah YES i.
• 1:08:58
  Speaker 2: Do, Okay, so to be become A Supreme court, justice
• 1:09:01
  Speaker 2: you must be a circuit. Judge to be a circuit,
• 1:09:04
  Speaker 2: JUDGE i don't mean you actually, MUST i mean in
• 1:09:07
  Speaker 2: this current environment right by no means must, you, okay
• 1:09:10
  Speaker 2: to be A Supreme court, justice you must have been
• 1:09:12
  Speaker 2: a circuit. Judge to be a circuit, judge you must
• 1:09:14
  Speaker 2: have been A Supreme court. Clerk to be A Supreme court,
• 1:09:17
  Speaker 2: clerk you must have clerked for Multiple circuit. Judges that's
• 1:09:20
  Speaker 2: many years of your. Life to do, that you must
• 1:09:23
  Speaker 2: have had the you, know economic stability to not need
• 1:09:27
  Speaker 2: to go directly to a law firm where they would
• 1:09:29
  Speaker 2: pay you four times as much as your clerk, salary
• 1:09:32
  Speaker 2: and to do, that you almost certainly went to AN
• 1:09:35
  Speaker 2: Ivy league OR Ivy league equivalent law. School we are
• 1:09:39
  Speaker 2: literally narrowing down who Our Supreme court justices can be
• 1:09:42
  Speaker 2: at eighteen years.
• 1:09:44
  Speaker 1: Old that's. Insanity and you're, right like you have to
• 1:09:47
  Speaker 1: start worrying about it at, eighteen.
• 1:09:49
  Speaker 2: Right and that's we don't. Want you, know you talked
• 1:09:52
  Speaker 2: about how these, people because of their resumes and everything,
• 1:09:56
  Speaker 2: else live in a. Bubble we also have forced the
• 1:10:00
  Speaker 2: into this. Bubble so they now have twenty four to
• 1:10:02
  Speaker 2: seven marshall service because of the threats that are not
• 1:10:05
  Speaker 2: just online death, threats you, know someone showing up To
• 1:10:09
  Speaker 2: Justice kavanaugh's house with the intent of assassinating him and
• 1:10:12
  Speaker 2: with the tools to do. So but it's not just the,
• 1:10:16
  Speaker 2: violence it's also the secret. Recordings they can't talk to
• 1:10:20
  Speaker 2: people in a normal way because they have to assume
• 1:10:22
  Speaker 2: that anyone they don't know could be trying to use
• 1:10:25
  Speaker 2: this against them in some. Way they can't make new,
• 1:10:28
  Speaker 2: friends they can't go to restaurants. Anymore you. Know Justice,
• 1:10:32
  Speaker 2: alito AS i mentioned in the, book used to walk
• 1:10:34
  Speaker 2: down the street every day and go to the ko
• 1:10:36
  Speaker 2: seat to get the little salad in a. Bowl that's you,
• 1:10:40
  Speaker 2: know on the.
• 1:10:40
  Speaker 1: Household we have recognized him frankly on the. STREET i
• 1:10:43
  Speaker 1: don't mean that it's not, disparaging it's just the most
• 1:10:47
  Speaker 1: people wouldn't. Know, yeah that was kind of a feature.
• 1:10:51
  Speaker 2: Book he brings a brown bag lunch every, day as
• 1:10:54
  Speaker 2: do almost all of the rest of the, justices because
• 1:10:57
  Speaker 2: they get mobbed in, restaurants they have protests at their home,
• 1:11:00
  Speaker 2: homes and so we've put them into this like further
• 1:11:04
  Speaker 2: and further like retreated from human. Society and at the same,
• 1:11:08
  Speaker 2: time it's not really about these current justices That i'm
• 1:11:10
  Speaker 2: particularly concerned, about is what it.
• 1:11:12
  Speaker 1: Is.
• 1:11:12
  Speaker 2: Right but when you talk to the people who are
• 1:11:15
  Speaker 2: shortlisters and you ask, them these are, normal, smart thoughtless,
• 1:11:19
  Speaker 2: already and you ask, them, so, like you, know are
• 1:11:24
  Speaker 2: you going to do? This the thing THAT i keep hearing, is,
• 1:11:27
  Speaker 2: OH i, Mean i'll be, honest, LIKE i don't know
• 1:11:30
  Speaker 2: IF i can do this to my. Family and so
• 1:11:32
  Speaker 2: the types of people who are going to be sort
• 1:11:34
  Speaker 2: of put themselves out there and complete this like triathlon
• 1:11:37
  Speaker 2: to be A Supreme court justice are going to be
• 1:11:39
  Speaker 2: sociopaths who do not care about their, family their private.
• 1:11:42
  Speaker 1: Life who have you met The United States? Senate, yeah, no.
• 1:11:46
  Speaker 2: That's exactly what we're going to. Do we're going to
• 1:11:47
  Speaker 2: have the types of people who currently run For. Congress
• 1:11:50
  Speaker 2: either you can't make more money in the private, sector
• 1:11:52
  Speaker 2: which should scare the hell out of, you or you're
• 1:11:54
  Speaker 2: an actual. Psycho and that's the choices you're going to
• 1:11:58
  Speaker 2: have for A Supreme court. Justice a lawyer who can't
• 1:12:00
  Speaker 2: make more money in the private, sector or someone who you,
• 1:12:05
  Speaker 2: know really that that lifestyle appeals to, them which it should.
• 1:12:09
  Speaker 1: Not look IT'S i, mean you're you're certainly this rant
• 1:12:14
  Speaker 1: sings my, tune you. Know so let's talk about what
• 1:12:17
  Speaker 1: broke the, court you, know AND i know you your
• 1:12:20
  Speaker 1: last branch. Standing the last time we, talked we talked
• 1:12:23
  Speaker 1: about the three three three, court right that this is
• 1:12:26
  Speaker 1: not a six to three. Court it's really a three
• 1:12:28
  Speaker 1: three three. Court but BEFORE i gloss over the three three,
• 1:12:32
  Speaker 1: three go through your three three three, again AND i
• 1:12:37
  Speaker 1: assume It's, Kavanaugh Barrett roberts in the. Middle is that
• 1:12:39
  Speaker 1: who your three is?
• 1:12:40
  Speaker 2: There think of it as high school lunch. Tables you,
• 1:12:44
  Speaker 2: Know it's not that they always sit, together but like,
• 1:12:46
  Speaker 2: generally if you're going to the lunch. Room you're going
• 1:12:48
  Speaker 2: to be able to find them at the. Table so The,
• 1:12:50
  Speaker 2: Chief barrett And kavanaugh are at the cool kids. Table
• 1:12:54
  Speaker 2: they're like the jocks because they're most likely to be
• 1:12:57
  Speaker 2: the fifth vote in any, case they are almost always
• 1:13:00
  Speaker 2: in the majority more than ninety percent of the. Time,
• 1:13:02
  Speaker 2: Okay now we have like maybe our like super nerd
• 1:13:05
  Speaker 2: ap classes. Table That's, Kagan, sodamayor And. JACKSON i will
• 1:13:10
  Speaker 2: circle back to sort of what makes them. Different why
• 1:13:14
  Speaker 2: they're so interesting in that they're doing a different, project,
• 1:13:16
  Speaker 2: right because they do not they're not on that same
• 1:13:19
  Speaker 2: ideological side of the.
• 1:13:20
  Speaker 1: Spectrum, no they feel like BRAND I. Brandeisers but we'll
• 1:13:23
  Speaker 1: get to that.
• 1:13:24
  Speaker 2: Anyway, yeah and then we have my table THAT i
• 1:13:27
  Speaker 2: call the conservative Honey. Badgers they're sitting, together but they
• 1:13:31
  Speaker 2: don't actually like they're like sort of the. Misfits they're
• 1:13:34
  Speaker 2: like reading their own books or like looking at their
• 1:13:36
  Speaker 2: own magic the gathering. Cards but while seated. Together That's,
• 1:13:40
  Speaker 2: Thomas alito And. Gorsich they are the least likely of
• 1:13:46
  Speaker 2: these three three pods to agree with one. Another they
• 1:13:49
  Speaker 2: actually have very different judicial, philosophies but find themselves in
• 1:13:54
  Speaker 2: dissent together as often as the three liberals find themselves in.
• 1:14:00
  Speaker 1: Dissent, well, LOOK i think what's interesting to me, though
• 1:14:06
  Speaker 1: is that in your in your threes, right in the
• 1:14:10
  Speaker 1: two Wings gorse such will. Flirt you, know isn't always
• 1:14:15
  Speaker 1: with the two. Right here's a.
• 1:14:17
  Speaker 2: Libertarian so that's always going to be, different because that's
• 1:14:21
  Speaker 2: what libertarians have to.
• 1:14:22
  Speaker 1: Be alito And thomas feel the. Most alito And thomas
• 1:14:26
  Speaker 1: on the, Right jackson and so to my or on
• 1:14:30
  Speaker 1: the left field the most. Political and what DO i
• 1:14:32
  Speaker 1: mean by? THAT i want to give my definition of
• 1:14:33
  Speaker 1: what political, means meaning wherever they think the, convention conventional
• 1:14:38
  Speaker 1: conservative thought or liberal thought is they they go. THERE i,
• 1:14:44
  Speaker 1: mean they're almost predictably so Versus, kagan who Like gorsage
• 1:14:49
  Speaker 1: every once in a, while AND i probably am not
• 1:14:51
  Speaker 1: giving enough credit to so to my r who also
• 1:14:54
  Speaker 1: every once in a while will we'll find yourself not
• 1:14:57
  Speaker 1: with With kagan And brown and AND i think there's
• 1:15:01
  Speaker 1: once or Twice i've noticed. That is that a Fair
• 1:15:04
  Speaker 1: AM i characterizing it? Correctly or how would you push
• 1:15:07
  Speaker 1: back on me on?
• 1:15:08
  Speaker 2: That, OKAY i am going to push back a little
• 1:15:11
  Speaker 2: because the equivalent To gorsuch is Actually. Jackson they are
• 1:15:16
  Speaker 2: the low. Institutionalists they are just there to speak with
• 1:15:20
  Speaker 2: their own, voice you, know like they're.
• 1:15:23
  Speaker 1: Soloists by the, way there's my favorite opinion of the
• 1:15:27
  Speaker 1: year is score such and the tariff the tariff, CONCURRENT
• 1:15:32
  Speaker 1: i mean, opinion it is the f You, congress get
• 1:15:36
  Speaker 1: your shit. Together it is like you preach, brother like you, know,
• 1:15:42
  Speaker 1: yes like you, know please keep doing. This AND i
• 1:15:45
  Speaker 1: hope someone on team on the left side of the
• 1:15:47
  Speaker 1: court says something, similar because this needs to. Me what
• 1:15:51
  Speaker 1: he said was not. Ideological it was sort of Like
• 1:15:54
  Speaker 1: congress needs to do their effing job and stop forcing
• 1:15:58
  Speaker 1: us to essentially be a. Legislature we need to.
• 1:16:03
  Speaker 2: Follow this tangent for a, moment which is this is the,
• 1:16:07
  Speaker 2: reason by the, way that we're talking about the court so,
• 1:16:09
  Speaker 2: much that people feel The court is so much more
• 1:16:11
  Speaker 2: partisan than they did in the. Past and it's, because
• 1:16:15
  Speaker 2: let's you, know there's two cases pending this term that
• 1:16:18
  Speaker 2: everyone has sort of maybe heard. About one is Can
• 1:16:21
  Speaker 2: mississippi accept ballots five days after election? Day and another
• 1:16:26
  Speaker 2: one that you might have heard about is whether the
• 1:16:28
  Speaker 2: administration can stop people before they get to the southern.
• 1:16:32
  Speaker 2: Border and therefore not allow them to apply for. Asylum
• 1:16:37
  Speaker 2: The Supreme, court in those, cases and many the vast
• 1:16:40
  Speaker 2: majority of the cases that they decide that we hear,
• 1:16:42
  Speaker 2: about is not actually, deciding of, course whether those are
• 1:16:46
  Speaker 2: good or bad. Policies there are also not deciding whether
• 1:16:49
  Speaker 2: those are constitutional. Policies all they are doing in those
• 1:16:54
  Speaker 2: cases it's deciding What congress said in a. Statue in the,
• 1:17:00
  Speaker 2: past when The court would decide those, cases they didn't
• 1:17:03
  Speaker 2: matter very much because the next Day congress would just
• 1:17:06
  Speaker 2: amend the law if they disagreed with what The court
• 1:17:09
  Speaker 2: thought they had. Said they did this in The Voting
• 1:17:11
  Speaker 2: Rights act, case for. Instance they did this in The
• 1:17:14
  Speaker 2: Lily ledbetter case as. Well the problem we have now
• 1:17:19
  Speaker 2: is that nobody believes that after The mississippi absentee ballot
• 1:17:24
  Speaker 2: case or The remain In mexico, case that the next
• 1:17:27
  Speaker 2: Day congress will do jack shit about these. Cases and
• 1:17:31
  Speaker 2: so instead of it being this ongoing dialogue Between congress
• 1:17:35
  Speaker 2: and the, courts the court's the last. Word so it
• 1:17:37
  Speaker 2: becomes really important to people what The court says, understandably
• 1:17:41
  Speaker 2: but they also don't feel like they have any ability
• 1:17:43
  Speaker 2: to change it because The court is not a democratic representative,
• 1:17:47
  Speaker 2: institution and so the frustration builds with The court when in,
• 1:17:52
  Speaker 2: fact as you, know they should be frustrated With. Congress.
• 1:17:57
  Speaker 1: LOOK i look back AND i think, about you, know
• 1:17:59
  Speaker 1: how how long Has congress's been? Broken and you, know
• 1:18:01
  Speaker 1: we sit here and we, say, wow it's so. Polarized
• 1:18:03
  Speaker 1: and you, know some people want to, say, oh it's New,
• 1:18:05
  Speaker 1: gingridge and then some you, know if you go back,
• 1:18:07
  Speaker 1: further they're all, Right so, right WELL i go back
• 1:18:09
  Speaker 1: EVEN i look At brown Versus board Of, education, right
• 1:18:13
  Speaker 1: and you think about the things that The court ended
• 1:18:15
  Speaker 1: up having To you, know when did The court first
• 1:18:18
  Speaker 1: start looking quote unquote political or being treated as a
• 1:18:21
  Speaker 1: political branch rather than as a judicious. Branch you could
• 1:18:24
  Speaker 1: argue it began With brown Versus? Board, Right it was
• 1:18:27
  Speaker 1: because it was such a you, know it changed. It
• 1:18:30
  Speaker 1: it sort of it changed a lot for a lot
• 1:18:33
  Speaker 1: of people in this. Country And roe Versus wade Did
• 1:18:40
  Speaker 1: why did The court even have this Because congress didn't
• 1:18:43
  Speaker 1: have the guts to make a decision on reproductive rights
• 1:18:46
  Speaker 1: for women in the, law which they could easily have.
• 1:18:49
  Speaker 2: Done Why pittsburgh did not Like roe Versus. Wade she
• 1:18:53
  Speaker 2: thought they were winning the political, fight and she wanted
• 1:18:55
  Speaker 2: to win it at the ballot, box whether that was
• 1:18:58
  Speaker 2: state by state or In, congress because she knew that
• 1:19:02
  Speaker 2: that decision and the way that it was, written the
• 1:19:04
  Speaker 2: way that it was, decided was incredibly.
• 1:19:07
  Speaker 1: Vulnerable, WELL i don't understand why equal protection wasn't work.
• 1:19:11
  Speaker 2: Used but she was mad about that. Too she was,
• 1:19:13
  Speaker 2: like this was a decision about the doctor's. Rights what
• 1:19:16
  Speaker 2: about the? Women she was, like she was, mad like
• 1:19:19
  Speaker 2: six ways To, Sunday and it was. Amazing this was
• 1:19:22
  Speaker 2: all before she went on the. Court by the, way
• 1:19:24
  Speaker 2: now it's.
• 1:19:25
  Speaker 1: All it's actually really well documented in that one documentary about.
• 1:19:28
  Speaker 2: Her, right, yeah, yeah but, okay here's the one Thing
• 1:19:31
  Speaker 2: i'll push back on what you. Said it's not THAT i.
• 1:19:33
  Speaker 2: Disagree you're of course totally, right but The court has
• 1:19:37
  Speaker 2: been seen as political Since. Jefferson, Right jefferson was trying
• 1:19:41
  Speaker 2: to Impeach Samuel chase for being too political on the.
• 1:19:44
  Speaker 2: COURT fdr thought The court was being. Political that's why
• 1:19:47
  Speaker 2: he wanted to pack. It, lincoln, right must we ignore
• 1:19:51
  Speaker 2: all the laws but one we are not ruled by
• 1:19:53
  Speaker 2: The Supreme. Court so the feeling has always existed because
• 1:19:59
  Speaker 2: their countermage mioritarian because they're lagging indicator of our. Politics
• 1:20:03
  Speaker 2: BUT i think Your brown Versus board Of education point
• 1:20:07
  Speaker 2: is what has launched. That that's what you can point
• 1:20:09
  Speaker 2: to for our current. Moment that's the.
• 1:20:10
  Speaker 1: Current moment that we're. In, Right and it's sort of
• 1:20:12
  Speaker 1: like and you, know and, look there's and of course
• 1:20:16
  Speaker 1: then it's there's the confirma. Right as the court became
• 1:20:19
  Speaker 1: this be all end all for people's, rights, well then
• 1:20:21
  Speaker 1: of course it raised the stakes for the confirmation. Process
• 1:20:24
  Speaker 1: it's sort of like the chicken and egg. Argument what
• 1:20:27
  Speaker 1: has politicized the? Court the confirmation process Or congress's inability
• 1:20:31
  Speaker 1: to deal with issues in the court having to be
• 1:20:33
  Speaker 1: the last. Word so the court's the last. Word then
• 1:20:35
  Speaker 1: who gets on the court becomes that much more. Important,
• 1:20:38
  Speaker 1: Right it's sort of this vicious cycle that we're. In you,
• 1:20:42
  Speaker 1: KNOW i Look federalist seventy. Eight, YOU i assume are
• 1:20:46
  Speaker 1: familiar With federal' seventy. Eight it Is hamilton's argument about
• 1:20:51
  Speaker 1: the courts, essentially AND i can tell you HOW i
• 1:20:56
  Speaker 1: Read federalist seventy. Eight he wants the least political people
• 1:20:59
  Speaker 1: you can possibly have in the. Court they've got to.
• 1:21:02
  Speaker 1: Be you, know he didn't use umpires or referees because
• 1:21:06
  Speaker 1: we didn't have that, then but he was essentially describing. That,
• 1:21:09
  Speaker 1: yeah and he certainly said and the last thing we'd
• 1:21:11
  Speaker 1: ever want to do is have election of, judges which
• 1:21:14
  Speaker 1: a handful of states. Do AND i find it to be, asinine, right,
• 1:21:17
  Speaker 1: like what have we? Done these Elected supreme courts are
• 1:21:21
  Speaker 1: garbage to. ME i cannot stand, them and they just
• 1:21:25
  Speaker 1: all they do is make people's trust in the courts get.
• 1:21:30
  Speaker 1: LOWERED i think, COLLECTIVELY i think they do a terrible
• 1:21:33
  Speaker 1: service to the CURRENT Us Supreme. Court that we have
• 1:21:36
  Speaker 1: These Supreme court elections in swing.
• 1:21:38
  Speaker 2: St it's so so. Bad AND i think we, see like,
• 1:21:42
  Speaker 2: oh In wisconsin, redistricting and there's sort of these these
• 1:21:45
  Speaker 2: very partisan culture worry things that we hear. About but
• 1:21:48
  Speaker 2: what we don't talk nearly enough about is when we
• 1:21:51
  Speaker 2: have elected, judges the rights of criminal defendants are hurt the,
• 1:21:56
  Speaker 2: most because if everyone believes the majority of voters believe
• 1:22:00
  Speaker 2: that that person did, it are you really going to
• 1:22:03
  Speaker 2: let them out on a technicality if it costs you your.
• 1:22:05
  Speaker 2: Job it's just some you, know guy who's a bad.
• 1:22:09
  Speaker 2: Apple he did the, crime you, Know i'm not going
• 1:22:11
  Speaker 2: to lose my robe over. This that is why we
• 1:22:15
  Speaker 2: have life, appointments because they have to be able to
• 1:22:18
  Speaker 2: make decisions that the majority. Hates the founders hated, mob
• 1:22:22
  Speaker 2: they actually hated direct democracy and. Majorities this whole branch
• 1:22:25
  Speaker 2: exists to stand up against majorities because otherwise you do
• 1:22:27
  Speaker 2: not have a first, amendment you do not have a fourth.
• 1:22:30
  Speaker 2: Amendment the whole point of those is that the majorities
• 1:22:32
  Speaker 2: will hate the, speech and so who's going to protect
• 1:22:35
  Speaker 2: the speech that everyone, Hates not someone who has to
• 1:22:38
  Speaker 2: stand for. Election but instead we focus on the wrong
• 1:22:41
  Speaker 2: things with the elected. JUDGES i actually don't care about
• 1:22:44
  Speaker 2: the redistricting stuff being. PARTISAN i MEAN i, do.
• 1:22:47
  Speaker 1: Period it doesn't matter that the incentive structures are you,
• 1:22:51
  Speaker 1: know are Not AND i Love i've not heard that,
• 1:22:54
  Speaker 1: argument but that's my favorite new argument frankly of reason
• 1:22:57
  Speaker 1: to be against, it which is to, YOU i, mean you're,
• 1:23:00
  Speaker 1: like it is unfair to those that appear in front
• 1:23:03
  Speaker 1: of the, court, Period, yes you, know especially when you
• 1:23:06
  Speaker 1: described right like you, know for for just deciding state crime, issues, yes.
• 1:23:12
  Speaker 2: Which is the, vast, vast vast majority of our law
• 1:23:16
  Speaker 2: is done at the state, level very very, little well
• 1:23:19
  Speaker 2: even have the opportunity to go to The Supreme. Court so,
• 1:23:22
  Speaker 2: YEAH i.
• 1:23:23
  Speaker 1: Don't even like. PRETENT i don't even think. Retent you,
• 1:23:25
  Speaker 1: know there's some states have the, retention.
• 1:23:27
  Speaker 2: Yeah or nonpartisan, elections but they never end up being non.
• 1:23:31
  Speaker 1: Nonpartisan wisconsin's nonpartisan on, paper you, know if you go
• 1:23:36
  Speaker 1: on the, ballot you, know, LIKE i, mean it's just
• 1:23:41
  Speaker 1: insane this and Like wisconsin's Because Wisconsin i've always, said you,
• 1:23:46
  Speaker 1: Know wisconsin's ground zero for our. Polarization they were polarized
• 1:23:49
  Speaker 1: before the rest of us. Were i've spent time there
• 1:23:52
  Speaker 1: and all this. Stuff so of course. Happanies they're the
• 1:23:56
  Speaker 1: ones that have weaponized the court more than. Anybody it's.
• 1:23:59
  Speaker 1: Awful but we, were.
• 1:24:02
  Speaker 2: Yeah we were talking about just the nine. JUSTICES i
• 1:24:07
  Speaker 2: don like that was ten minutes. Ago That gorsic And
• 1:24:11
  Speaker 2: jackson are so similar and they join each other's concurrences
• 1:24:15
  Speaker 2: because they view their roles on the court so, similarly
• 1:24:18
  Speaker 2: even though they are ideologically so far apart on that other,
• 1:24:22
  Speaker 2: spectrum on the institutionalist incrementalist, spectrum if you, will they
• 1:24:26
  Speaker 2: are non, incrementalists non Institutional.
• 1:24:29
  Speaker 1: Yes they feel that's why is it brand ice that
• 1:24:32
  Speaker 1: was seen as the guy that wrote wrote dissents that
• 1:24:36
  Speaker 1: eventually BECAME.
• 1:24:39
  Speaker 2: I, Mean John, Marshall. Harlan we've had like these randise,
• 1:24:45
  Speaker 2: yeah that.
• 1:24:45
  Speaker 1: Two generations, later their descents would be the foundation for opinions.
• 1:24:50
  Speaker 2: Right for positive whereas Like kagan And, kavanaugh AS i, said,
• 1:24:55
  Speaker 2: again they're not next to each other, ideologically but they
• 1:24:58
  Speaker 2: are right on top of you each other, incrementalistly. Institutionally,
• 1:25:04
  Speaker 2: okay but here's something you said that was incorrect THAT
• 1:25:06
  Speaker 2: i want to, correct which is this idea That thomas
• 1:25:09
  Speaker 2: And alito are more again political by the definition you were.
• 1:25:12
  Speaker 2: Using all of the very very few of these cases
• 1:25:20
  Speaker 2: fall into that category to begin. With so in the
• 1:25:23
  Speaker 2: last twenty, years over ninety percent of the cases have
• 1:25:26
  Speaker 2: had at least one liberal justice in the. Majority so
• 1:25:29
  Speaker 2: when we're even talking about these sort of ideological, lineups
• 1:25:33
  Speaker 2: we're actually looking at very very few. Cases and in
• 1:25:38
  Speaker 2: the same way that in the conversion therapy case that
• 1:25:41
  Speaker 2: was eight to one about whether therapists have free speech
• 1:25:44
  Speaker 2: rights to tell their clients even though they're licensed by the,
• 1:25:48
  Speaker 2: state do they have the right to if their client
• 1:25:51
  Speaker 2: wants them to help them feel comfortable in the sex
• 1:25:55
  Speaker 2: they were born. With do they have the right to
• 1:25:57
  Speaker 2: do that under The First. Amendment eight of the justices say,
• 1:25:59
  Speaker 2: yes And Justice jackson says. No, yes that does line up.
• 1:26:05
  Speaker 2: Ideologically Perhaps Justice jackson is the, liberal she's against conversion,
• 1:26:09
  Speaker 2: therapy but her reasoning was that this is a state licensed.
• 1:26:14
  Speaker 2: Job so when you are doing, it you are doing a,
• 1:26:17
  Speaker 2: conduct you are conducting. Medicine and That trump's, basically you're
• 1:26:22
  Speaker 2: not some random citizen practicing free.
• 1:26:25
  Speaker 1: Speech you had to get a. License That trump's your
• 1:26:28
  Speaker 1: quote free speech.
• 1:26:29
  Speaker 2: Rights that's right. Now another example of something like that
• 1:26:34
  Speaker 2: is on The rahimi. Case about this, guy he's like
• 1:26:37
  Speaker 2: the worst guy In. America he had two domestic violence restraining.
• 1:26:41
  Speaker 2: Orders he shot up a water. Burger don't worry because
• 1:26:44
  Speaker 2: he was also a drug. Dealer that case was eight
• 1:26:47
  Speaker 2: one And thomas was the sole, dissenter and they're arguing
• 1:26:50
  Speaker 2: about how to apply you, know text history and tradition
• 1:26:54
  Speaker 2: in The Second amendment to domestic violence restraining orders when
• 1:26:58
  Speaker 2: obviously we didn't have those the. Founding but more, importantly
• 1:27:01
  Speaker 2: you haven't been convicted of a. Crime nobody has found
• 1:27:04
  Speaker 2: anything beyond a reasonable, doubt and so can we take
• 1:27:07
  Speaker 2: away Your First amendment rights when you haven't been convicted of. Anything,
• 1:27:11
  Speaker 2: no so why can we take away Your Second amendment?
• 1:27:14
  Speaker 2: Rights thomas is the sole person who's, like you have
• 1:27:17
  Speaker 2: to have a criminal conviction to take someone's constitutional. Rights,
• 1:27:20
  Speaker 2: again it looks like it lines up ideology, ideologically but
• 1:27:24
  Speaker 2: if you dig into, IT i think you will find
• 1:27:26
  Speaker 2: that there's something very consistent about What Justice thomas is.
• 1:27:29
  Speaker 2: Saying and on that spectrum we were talking, about right,
• 1:27:34
  Speaker 2: like he is on the sort of more anarchy side of,
• 1:27:38
  Speaker 2: that you can never take away Someone's Second amendment rights
• 1:27:41
  Speaker 2: unless you have checked every single, box And Justice jackson
• 1:27:45
  Speaker 2: is on that more status. Side, yes if the, government you,
• 1:27:49
  Speaker 2: know the government gets to license you as a, doctor
• 1:27:51
  Speaker 2: and once they, do you have given up some of
• 1:27:53
  Speaker 2: your rights to get that. License those aren't really ideological
• 1:27:57
  Speaker 2: fights in the normal political, sense but they do you
• 1:28:00
  Speaker 2: line up on that. Spectrum, nevertheless.
• 1:28:11
  Speaker 1: Let me ask you to help me understand the distinction
• 1:28:15
  Speaker 1: between an originalist and a. TEXTUALIST i BELIEVE.
• 1:28:20
  Speaker 2: I am a textualist and not an.
• 1:28:21
  Speaker 1: Originalist, yeah AND i believe Mister gorsuch calls himself a
• 1:28:24
  Speaker 1: textualist not an. Originalist let's, Both, alito And thomas call themselves.
• 1:28:28
  Speaker 1: Originalists is that.
• 1:28:29
  Speaker 2: Correct let's sit on this table for a little. While,
• 1:28:33
  Speaker 2: Okay gorsich is a. Textualist these are all their own
• 1:28:37
  Speaker 2: terms for. Themselves gorsich is a, Textualist alito is a
• 1:28:41
  Speaker 2: feint hearted, originalist And thomas is a bloodthirsty. Originalist very, Nice.
• 1:28:49
  Speaker 1: Okay, Okay so basic difference between the counting you, WELL i, assume, well,
• 1:28:55
  Speaker 1: anyway you tell me the basic difference between the originalists and.
• 1:28:58
  Speaker 2: Textualists gors going to read the text of the Fourteenth
• 1:29:03
  Speaker 2: amendment or of that, statute and it doesn't matter whether
• 1:29:07
  Speaker 2: they understood what they were agreeing, to because he's going
• 1:29:11
  Speaker 2: to look at the text and, say, like, look you
• 1:29:13
  Speaker 2: said equal. Protection you, know you didn't know what gender
• 1:29:16
  Speaker 2: identity was or, whatever but like it says equal and
• 1:29:19
  Speaker 2: that's what we're gonna do. Now you, know in the
• 1:29:21
  Speaker 2: case About, bostock it was employment discrimination and it said
• 1:29:24
  Speaker 2: because of. Sex and he's, like you fired someone because
• 1:29:26
  Speaker 2: they wore a skirt to work and they were a.
• 1:29:28
  Speaker 2: Man that's because of sex because you don't think men
• 1:29:31
  Speaker 2: should wear, skirts, which by the, way just like side,
• 1:29:33
  Speaker 2: note that's not even like a sex, thing, right like
• 1:29:36
  Speaker 2: in some cultures men do wear skirts and others they. Don't,
• 1:29:39
  Speaker 2: Right that's.
• 1:29:42
  Speaker 1: That's.
• 1:29:42
  Speaker 2: Right and he's, LIKE i don't care That congress when
• 1:29:44
  Speaker 2: they passed this law might not have thought of this,
• 1:29:47
  Speaker 2: application because it's in the. Text i'm reading the text
• 1:29:50
  Speaker 2: And i'm applying the. Text that's a. Textualist, okay let's
• 1:29:53
  Speaker 2: go over To, thomas our bloodthirsty, originalist WHICH i, love
• 1:29:58
  Speaker 2: and let's go back to That Second amendment case with
• 1:30:00
  Speaker 2: my drug dealing waterburger shooting up super fun. Dude his
• 1:30:05
  Speaker 2: point is, like, look we agreed to a contract at the,
• 1:30:09
  Speaker 2: founding and The Second amendment says the right to bare
• 1:30:13
  Speaker 2: arms shall not be. Infringed feel free to amend, that
• 1:30:17
  Speaker 2: but my only job here is to apply. That and
• 1:30:20
  Speaker 2: if you haven't been convicted of a, crime and that
• 1:30:23
  Speaker 2: crime didn't exist at the, founding my hands are tied
• 1:30:26
  Speaker 2: because otherwise we're just kind of making this all up
• 1:30:29
  Speaker 2: And i'm not willing to do. That that's the blood
• 1:30:31
  Speaker 2: thirsty that's like the purest form of. Originalism whatever they
• 1:30:34
  Speaker 2: thought they were agreeing to when they ratified that, language
• 1:30:38
  Speaker 2: that's the only agreement we've ever made and we're not changing.
• 1:30:40
  Speaker 2: It to fit your modern. Times alito's, like, look let's
• 1:30:46
  Speaker 2: be practical about. This you, know at the time of the,
• 1:30:48
  Speaker 2: founding they didn't have domestic violence restraining, orders but they
• 1:30:51
  Speaker 2: had laws to disarm someone if they thought they were
• 1:30:54
  Speaker 2: a threat to public safety for other, reasons even if
• 1:30:58
  Speaker 2: they hadn't been convicted of a. Crime you're a notorious,
• 1:31:01
  Speaker 2: drunk you keep going around town making people afraid by
• 1:31:04
  Speaker 2: like shooting your gun up into the. Air that's close
• 1:31:07
  Speaker 2: enough for me that they knew that they were agreeing
• 1:31:10
  Speaker 2: that the government could disarm someone who was generally thought
• 1:31:14
  Speaker 2: to be a dangerous guy short of a criminal. Conviction
• 1:31:17
  Speaker 2: that's your fainthearted, originalist who's going to look at a
• 1:31:20
  Speaker 2: slightly higher level of generality of what that contract was
• 1:31:24
  Speaker 2: that was agreed to at the.
• 1:31:25
  Speaker 1: Time and what do we call everybody? Else?
• 1:31:31
  Speaker 2: Uh, well the chief has to showed any. Label you.
• 1:31:39
  Speaker 2: Know he's a little bit harder to pin. Down he's obviously,
• 1:31:42
  Speaker 2: conservative but his methodology is not originalism or. Textualism it's you,
• 1:31:48
  Speaker 2: know something else entirely that he hasn't given us a label.
• 1:31:52
  Speaker 1: FOR i was Just roberts has always felt like he
• 1:31:55
  Speaker 1: reads the. ROOM i don't know what else to. Say
• 1:31:58
  Speaker 1: he just reads the room and it's, like where should
• 1:32:02
  Speaker 1: we be on?
• 1:32:02
  Speaker 2: This and heavy is the head that wears the. Crown
• 1:32:06
  Speaker 2: he is not just the chief. Justice he is the
• 1:32:08
  Speaker 2: head of a branch of.
• 1:32:09
  Speaker 1: Government and it just sort of feels, like you, KNOW
• 1:32:12
  Speaker 1: i go back to the you, know his most famous
• 1:32:15
  Speaker 1: five to four before anything he ever did With trump
• 1:32:17
  Speaker 1: was the healthcare. Right, yeah and when he became the
• 1:32:21
  Speaker 1: guy that Let obamacare, live it, was you, know he
• 1:32:26
  Speaker 1: found a way to justify. It the tax thing and you,
• 1:32:29
  Speaker 1: know it's defensible and all this, stuff but it was
• 1:32:31
  Speaker 1: one of those he was, Like, Congress congress intended to
• 1:32:38
  Speaker 1: make this law. Work we should figure out a way
• 1:32:40
  Speaker 1: to make the law work or something like. That, Right,
• 1:32:42
  Speaker 1: LIKE i.
• 1:32:42
  Speaker 2: Think he actually presaged what was, coming which Was congress
• 1:32:46
  Speaker 2: not doing. Enough and so When congress does do, SOMETHING
• 1:32:49
  Speaker 2: i should encourage that. Behavior. Right it's like when your
• 1:32:52
  Speaker 2: kid does something. Good they didn't do it quite, Right
• 1:32:54
  Speaker 2: like they were unloading the, dishwasher but they dropped a,
• 1:32:56
  Speaker 2: dish and you're, like, no great, job love when you
• 1:32:59
  Speaker 2: unload the, dishwasher definitely don't worry about that broken. Dish
• 1:33:02
  Speaker 2: let's just keep the UNLOADING gop.
• 1:33:04
  Speaker 1: Unloading. Right, yeah so that that at the end of the,
• 1:33:08
  Speaker 1: day you, know had this been you, know maybe he
• 1:33:12
  Speaker 1: doesn't come down on the side of this law if
• 1:33:15
  Speaker 1: it hadn't been something that originated In.
• 1:33:17
  Speaker 2: Congress, yeah one hundred percent. True he is really there
• 1:33:22
  Speaker 2: policing the line between the presidency and The, congress and
• 1:33:26
  Speaker 2: he is trying to Give congress a chance to to
• 1:33:30
  Speaker 2: be forced to do their. Job kavanaugh is more of
• 1:33:34
  Speaker 2: that fainthearted. Originalism his level of generality is even Above
• 1:33:39
  Speaker 2: Justice alito's probably bear it as. Well she's the formalist
• 1:33:43
  Speaker 2: of the. Court she's going to check to make sure
• 1:33:45
  Speaker 2: you crossed all your t's and dotted all your eyes
• 1:33:47
  Speaker 2: before you walked in the. Door things like, standing do
• 1:33:51
  Speaker 2: you have the ability to sue where you actually injured
• 1:33:54
  Speaker 2: are going to be really important to.
• 1:33:55
  Speaker 1: Her she's a big Rule she's, like very follow the.
• 1:33:59
  Speaker 1: Rule followers probably the best way to. Discribe wait a,
• 1:34:01
  Speaker 1: minute you didn't check this box when you file. It,
• 1:34:04
  Speaker 1: sorry can't no, standing can't take it, Right, yeah which.
• 1:34:09
  Speaker 2: Her argument would be that's not just her being a,
• 1:34:11
  Speaker 2: stickler it's actually good for the. Court you want to
• 1:34:15
  Speaker 2: have these like very good vehicles that are correctly, positioned
• 1:34:19
  Speaker 2: because otherwise you don't want the court, deciding like you
• 1:34:21
  Speaker 2: don't want the court inserting itself into something that isn't
• 1:34:24
  Speaker 2: actually a problem, yet and so she wants the court
• 1:34:27
  Speaker 2: to stay out of as many cases as possible until it's, like,
• 1:34:30
  Speaker 2: well we're kind of stuck now they have to do.
• 1:34:31
  Speaker 2: This Soda mayor is the principal, dissenter, right the most
• 1:34:37
  Speaker 2: senior justice in descent gets to assign the. Descent, generally
• 1:34:41
  Speaker 2: in the bigger, cases you will assign it to. Yourself
• 1:34:44
  Speaker 2: that's why you see some of that tension Between sodamayor And,
• 1:34:47
  Speaker 2: jackson Because Soda mayor is supposed to be the one
• 1:34:50
  Speaker 2: writing the big, descent and Then jackson will write her own,
• 1:34:52
  Speaker 2: descent and it's, like stop.
• 1:34:54
  Speaker 1: IT i was just going to, say is it just?
• 1:34:57
  Speaker 1: Me or do we have more people wanting to put
• 1:35:00
  Speaker 1: pen to paper now than ever? Before with these.
• 1:35:02
  Speaker 2: Justices they're taking fewer cases than ever and they're writing
• 1:35:06
  Speaker 2: more than ever. Before we didn't even used to have
• 1:35:09
  Speaker 2: these concurrences and dissents until about one hundred years, ago
• 1:35:13
  Speaker 2: and in the nineteen fifties we were at about one
• 1:35:18
  Speaker 2: maybe around one concurrence per. Case roughly, speaking now we're
• 1:35:26
  Speaker 2: at three an average of three.
• 1:35:29
  Speaker 1: Case was it seven or? SIX i can't remember. Now
• 1:35:33
  Speaker 1: it was just, like, wait they're all over the. Place
• 1:35:36
  Speaker 1: who didn't write like it was a shorter. List you're, like,
• 1:35:38
  Speaker 1: well Not, thomas, right like you, know he, said wait a,
• 1:35:41
  Speaker 1: MINUTE i don't have to Do i'm not doing extra. Credit, no, no, no,
• 1:35:45
  Speaker 1: no IT'S.
• 1:35:47
  Speaker 2: I think it's bad for the. Court this is, where
• 1:35:49
  Speaker 2: Like kavanaugh a million, voices The constitution says there shall
• 1:35:56
  Speaker 2: be One Supreme court of The United, states not nine
• 1:36:00
  Speaker 2: oracles who each give us their own reading of The Chicken.
• 1:36:03
  Speaker 2: Entrails But gorsach And jackson want to read The chicken
• 1:36:05
  Speaker 2: And trails every. Time And, Kagan kagan is she has
• 1:36:10
  Speaker 2: poop pooed the heck out of these. Concurrences she calls
• 1:36:12
  Speaker 2: them The, HEY i Think i've got something to, say throat.
• 1:36:16
  Speaker 1: Clearing, YEAH i. Know it's, like, look everybody wants a.
• 1:36:19
  Speaker 1: Podcast we should just let them have. Podcasts you, know
• 1:36:23
  Speaker 1: they have something to, say just let them do it
• 1:36:24
  Speaker 1: in a. Podcast, hobbies The.
• 1:36:28
  Speaker 2: JUSTICES i write about the justices hobbies a lot in the,
• 1:36:31
  Speaker 2: Book like what movies they?
• 1:36:33
  Speaker 1: Like give me something.
• 1:36:35
  Speaker 2: Stuff, Yeah kagan is a serious poker.
• 1:36:38
  Speaker 1: Player, NO i, KNOW I i know, This LIKE i
• 1:36:42
  Speaker 1: don't mean she's playing poker with her. Friends, no, no, no,
• 1:36:45
  Speaker 1: NO i. Know let's just Say i'm in A i'm
• 1:36:48
  Speaker 1: in a related poker, game BUT i don't. PLAY i don't,
• 1:36:52
  Speaker 1: WELL i won't play those, Stakes So i'm not in that.
• 1:36:56
  Speaker 1: GAME i know the. Game i'm aware of the you,
• 1:36:59
  Speaker 1: KNOW i always get invited to the smaller steak. One
• 1:37:03
  Speaker 1: that's All i'm gonna.
• 1:37:03
  Speaker 2: Say there was also this great MOMENT i, thought So
• 1:37:08
  Speaker 2: Justice barrett was really looking forward to the new season
• 1:37:11
  Speaker 2: Of Slow horses And Justice kagan is Like i've read
• 1:37:16
  Speaker 2: all the, Books like it's like the sort of one,
• 1:37:18
  Speaker 2: up LIKE i prepared for.
• 1:37:20
  Speaker 1: This i've, heard by the, way in the, books are
• 1:37:22
  Speaker 1: you A Slow horses? Fan, yes in the, Books Gary
• 1:37:27
  Speaker 1: oldman's character is even. Grosser just, so, like how is that?
• 1:37:30
  Speaker 2: Possible?
• 1:37:31
  Speaker 1: Oh apparently that's WHAT i. Thought apparently someone tell me it's, like,
• 1:37:34
  Speaker 1: oh if you're grossed out by what he does on the,
• 1:37:36
  Speaker 1: show like it's just a taste because the books are
• 1:37:40
  Speaker 1: just awful when it comes to.
• 1:37:42
  Speaker 2: Him, oh here's a fun one THAT i think you
• 1:37:44
  Speaker 2: in particular will Like Justice alito's favorite. Movie and by the,
• 1:37:50
  Speaker 2: way it's not just his favorite. Movie he actually has
• 1:37:52
  Speaker 2: the like poster In.
• 1:37:54
  Speaker 1: Chambers let's see IF i can guess give me a.
• 1:37:57
  Speaker 2: Topic you will never guess this. Ever, okay it's being
• 1:38:04
  Speaker 2: there The Chauncey gardner Movie, wow which feels particularly appropriate
• 1:38:12
  Speaker 2: in this.
• 1:38:12
  Speaker 1: Moment it weirdly does with, him especially because you know
• 1:38:16
  Speaker 1: he's sort of an Accidental. Justice he was a backup.
• 1:38:19
  Speaker 1: Plan you, know he was the backup. Plan kind of
• 1:38:22
  Speaker 1: think how many plan b's are on.
• 1:38:23
  Speaker 2: There, well he's a double backup plan, too because if you,
• 1:38:27
  Speaker 2: Remember Sandra day O'Connor retired and they Picked John roberts
• 1:38:30
  Speaker 2: for that. Seat then the days before his, Hearing renquist passes,
• 1:38:36
  Speaker 2: away so they Move roberts over to Cheap. Justice Then
• 1:38:39
  Speaker 2: Harriet myers gets the O'Connor, seat Then, alito so he's
• 1:38:42
  Speaker 2: almost like the third, pick as Was, kennedy, Right it Was,
• 1:38:46
  Speaker 2: bork Then ginsburg Then kennedy who got that.
• 1:38:48
  Speaker 1: Seat there was a double Now briar was a double backup.
• 1:38:54
  Speaker 1: Plan womo And. Babbitt i'm not. Mistaken.
• 1:39:00
  Speaker 2: WOW i mean it's hard to imagine THE Us Supreme
• 1:39:05
  Speaker 2: court Without Stephen.
• 1:39:07
  Speaker 1: Bryer, oh and he was not the first. Choice he
• 1:39:09
  Speaker 1: was the he Was kennedy's first, CHOICE i, think for
• 1:39:12
  Speaker 1: what it's worth back, then but remember this was at
• 1:39:15
  Speaker 1: first it was The cuomo thing that, yeah, yeah you're
• 1:39:19
  Speaker 1: and and and Then Bruce babbitt was and then he
• 1:39:24
  Speaker 1: had SOMETHING i can't remember what it. Was maybe it's.
• 1:39:27
  Speaker 1: FINANCIAL i don't think it was, anything you, know outside
• 1:39:30
  Speaker 1: of being. Financial AND i have no idea What rosberger.
• 1:39:32
  Speaker 2: Remembered Duggans bring has a dropout because he had smoked
• 1:39:35
  Speaker 2: pot with his, students with his.
• 1:39:36
  Speaker 1: Students do you think he had to drop out because
• 1:39:39
  Speaker 1: it was with students or do you think he would
• 1:39:41
  Speaker 1: Have you, know it's always been because he smoked weed with.
• 1:39:44
  Speaker 1: Students do you think if it had been weed at
• 1:39:47
  Speaker 1: his house without, students he makes? It or is it eighty?
• 1:39:51
  Speaker 1: SEVEN i still think it's A i still think he's.
• 1:39:53
  Speaker 1: Gone BUT i think he's.
• 1:39:54
  Speaker 2: Gone, YEAH i THINK i think he's. GONE i just you,
• 1:39:58
  Speaker 2: know especially you, know you can think back to the
• 1:40:02
  Speaker 2: Moment linton years later is still going to have to
• 1:40:05
  Speaker 2: SAY i Didn't. Inhale it's like nearly going to derail his,
• 1:40:08
  Speaker 2: campaign it's going to suck up three weeks of a media.
• 1:40:10
  Speaker 2: Cycle so like, yeah but the fact that it Was GEORGE. W.
• 1:40:14
  Speaker 1: Bush we were just worried about. Cocaine we weren't worried
• 1:40:16
  Speaker 1: about weed.
• 1:40:17
  Speaker 2: Anymore and, today my, God I'd i'd take the. Cocaine
• 1:40:23
  Speaker 2: we have a teetotaling president in every, respect and it's,
• 1:40:26
  Speaker 2: like you know, WHAT i don't, know maybe the drugs
• 1:40:29
  Speaker 2: weren't so Mat can.
• 1:40:30
  Speaker 1: You imagine what he'd be like on, alcohol on, drugs, like,
• 1:40:34
  Speaker 1: like thank God, TRUMP i mean this could be something you,
• 1:40:38
  Speaker 1: know we always wonder is he self? AWARE i think
• 1:40:40
  Speaker 1: on this he's self? Aware trump on out Drunk. TRUMP i,
• 1:40:45
  Speaker 1: mean it already feels like the country is being led
• 1:40:48
  Speaker 1: by a drunk, Driver LIKE i think we're going to
• 1:40:50
  Speaker 1: go in the correct, direction but we're swerving all over
• 1:40:52
  Speaker 1: the place AND i just right like and he's stone.
• 1:40:56
  Speaker 1: Cold so, exactly you're, like oh my, god, like what
• 1:40:59
  Speaker 1: would happen if let me just show us.
• 1:41:01
  Speaker 2: The wisdom in the moderation in all things including.
• 1:41:05
  Speaker 1: Moderation at one, time early in young, adulthood for reasons
• 1:41:13
  Speaker 1: THAT i won't speak of, HERE h took a class
• 1:41:16
  Speaker 1: about moderation and it was an it was an Interesting
• 1:41:22
  Speaker 1: it was about you, know just you, know do a,
• 1:41:24
  Speaker 1: little don't do, This and you're sitting there, going, hmm
• 1:41:28
  Speaker 1: should we teach this in school or? Not because we
• 1:41:30
  Speaker 1: don't because we're afraid we're actually giving a permission slip to,
• 1:41:33
  Speaker 1: try right. Right we don't teach moderation until after you've
• 1:41:37
  Speaker 1: made a. Mistake it's an interesting dynamic for young.
• 1:41:41
  Speaker 2: People i'm sure you read McKay coppin's gambling. Piece oh,
• 1:41:46
  Speaker 2: yeah if you'd like to have more of a you,
• 1:41:48
  Speaker 2: know a debate at the dinner table about the value
• 1:41:51
  Speaker 2: of moderation or the value of abstention, entirely that piece
• 1:41:55
  Speaker 2: really actually makes you think about it in an interesting
• 1:41:58
  Speaker 2: way and the sort of how religion serves a masked
• 1:42:01
  Speaker 2: tying purpose in.
• 1:42:03
  Speaker 1: Life it's the upside of religion is how it can.
• 1:42:07
  Speaker 1: Serve but let me get you out of hearing, this
• 1:42:10
  Speaker 1: and it is my AND i, think IF i remember
• 1:42:13
  Speaker 1: the last time we, TALKED i, said, hey LOOK i
• 1:42:15
  Speaker 1: want to do, this and you were, like, well we
• 1:42:16
  Speaker 1: have to save. That SO i go back To federal
• 1:42:20
  Speaker 1: seventy eight AND i go back to wanting to you,
• 1:42:24
  Speaker 1: know what was the original. Intent and the original intent
• 1:42:27
  Speaker 1: is to get the least partisan political people you can.
• 1:42:30
  Speaker 1: Have so why wouldn't it be seventy five percent of
• 1:42:35
  Speaker 1: THE Us. SENATE i wouldn't have lowered the threshold from
• 1:42:39
  Speaker 1: sixty to fifty when we couldn't do. ANYTHING i would Have,
• 1:42:44
  Speaker 1: again if we're dealing with our teenager when their, past
• 1:42:48
  Speaker 1: when they don't when they're late for, curfew do you
• 1:42:50
  Speaker 1: move the? Curfew, oh you didn't make two, am all,
• 1:42:54
  Speaker 1: Right i'll make it three am so you can Get,
• 1:42:56
  Speaker 1: no you're, like, sorry it's. Midnight now you've lost. Privileges
• 1:43:01
  Speaker 1: you guys can't figure out how to get sixty. Votes,
• 1:43:03
  Speaker 1: sorry now it's seventy. Five. Now the REASON i want
• 1:43:07
  Speaker 1: seventy five IS i think you have to. Force if
• 1:43:10
  Speaker 1: this is the way we're going to appoint The Supreme,
• 1:43:12
  Speaker 1: court then i've you, KNOW i want half of the other,
• 1:43:17
  Speaker 1: party whatever president's in, power some form half the other
• 1:43:20
  Speaker 1: party to have to agree to that. Pick it's not
• 1:43:24
  Speaker 1: a lot to. Ask AND i go, back, Like i've
• 1:43:27
  Speaker 1: talked to. You you worked in The bush, administration and
• 1:43:31
  Speaker 1: SO i KNOW i have talked to people that worked
• 1:43:34
  Speaker 1: in The Bush council's, office and they, said if you
• 1:43:36
  Speaker 1: had told us it was fifty and not, Sixty John
• 1:43:39
  Speaker 1: roberts doesn't get nominated to The Supreme, Court damn, right.
• 1:43:43
  Speaker 1: Yep so why you, know tell me how the proposal for?
• 1:43:47
  Speaker 2: You SO i put this proposal in the. BOOK i
• 1:43:49
  Speaker 2: stole it from Two harvard law, students both Named. Tom
• 1:43:53
  Speaker 2: here's what The tom. Suggests AND i am radically in
• 1:43:56
  Speaker 2: favor of it BECAUSE i think the end of the
• 1:43:58
  Speaker 2: filibuster is destroying the judiciary and.
• 1:44:01
  Speaker 1: We are just at the very WHETHER i buy the
• 1:44:05
  Speaker 1: idea that they are all individual, thinkers but guess. What
• 1:44:08
  Speaker 1: most of The american public. Thinks they're no more black,
• 1:44:11
  Speaker 1: Robes they're red and.
• 1:44:12
  Speaker 2: Blue And biden's picks were more liberal Than. Obama's trump's
• 1:44:16
  Speaker 2: picks are more conservative Than. Bush's and it's this idea
• 1:44:21
  Speaker 2: that if you can't get a vote from the other,
• 1:44:22
  Speaker 2: side like we used to have general, elections so you
• 1:44:25
  Speaker 2: used to run to the middle if you wanted to
• 1:44:27
  Speaker 2: be a, Judge and that included in law. SCHOOL i
• 1:44:29
  Speaker 2: had tons of friends who were very politically liberal because
• 1:44:34
  Speaker 2: we all were, like you never know, someday and now
• 1:44:37
  Speaker 2: without the, filibuster it's a primary, election and so you're
• 1:44:41
  Speaker 2: running to the, extremes and we see the effects in
• 1:44:43
  Speaker 2: law students where they eschee even having friends who disagree
• 1:44:48
  Speaker 2: with them, ideologically because that could show someone ten years
• 1:44:51
  Speaker 2: down the road that they were. Squishes you, know they
• 1:44:54
  Speaker 2: don't really mean by.
• 1:44:55
  Speaker 1: The, WAY i Think i've told you a piece of
• 1:44:57
  Speaker 1: the story, offline But i'll share it. HERE i had
• 1:45:00
  Speaker 1: somebody very close to me who had who was asked
• 1:45:06
  Speaker 1: about whether they'd be interested in a federal federal judicial federal.
• 1:45:11
  Speaker 1: Judgeship but the requirement was they had to join The Federal.
• 1:45:15
  Speaker 1: Society like there was like an actual requirement before they
• 1:45:18
  Speaker 1: could ever be nominated.
• 1:45:19
  Speaker 2: Because they will get confirmed right.
• 1:45:21
  Speaker 1: Now and you're just, like, WAIT i have to join
• 1:45:23
  Speaker 1: some private club like this this person to any of these,
• 1:45:26
  Speaker 1: Clubs like that's just you, know this is not and
• 1:45:29
  Speaker 1: you're just like what, Right like what are we?
• 1:45:31
  Speaker 2: Doing, okay here's the proposal because there was a, problem you,
• 1:45:36
  Speaker 2: know like there's a reason they got rid of the.
• 1:45:38
  Speaker 2: Filibuster Harry reid thought that The republicans were being unreasonable
• 1:45:43
  Speaker 2: and not confirming judges to the D C. Circuit The
• 1:45:46
  Speaker 2: republicans wanted revenge because The democrats refused to Confirm Miguel
• 1:45:49
  Speaker 2: estrada to the D C circuit because they wrote this,
• 1:45:52
  Speaker 2: down by the, way because he Was, latino, yeah.
• 1:45:55
  Speaker 1: And they were worried it somehow, like, yeah that this
• 1:45:57
  Speaker 1: was going to Help, republicans, right.
• 1:45:59
  Speaker 2: Yep and so because of his race they would not confirm.
• 1:46:02
  Speaker 2: Him republicans were, very very, upset. Understandably, okay here's the.
• 1:46:06
  Speaker 2: Proposal there's two ways to get confirmed to A article three.
• 1:46:12
  Speaker 2: Judgeship number one is the old. Way if you get
• 1:46:16
  Speaker 2: more than sixty, votes you are. Confirmed. Congratulations if you do,
• 1:46:21
  Speaker 2: not but you get a bare majority fifty one, votes
• 1:46:26
  Speaker 2: you are provisionally. Confirmed and after the next election For,
• 1:46:32
  Speaker 2: congress so you, know the every two, years whether it's
• 1:46:35
  Speaker 2: a general or a, midterm your nomination automatically comes up,
• 1:46:39
  Speaker 2: again regardless of whether The president renominates, you and The
• 1:46:43
  Speaker 2: senate will vote. Again if you get fifty one, votes,
• 1:46:46
  Speaker 2: again you are, confirmed because then the voters have actually
• 1:46:51
  Speaker 2: gotten to weigh in on who was the good faith.
• 1:46:53
  Speaker 2: Actor and what's great is that their proposal works For legislation,
• 1:46:57
  Speaker 2: two and it would actually make our congressional elections about
• 1:47:01
  Speaker 2: real things and not. Vibes it could make them about
• 1:47:06
  Speaker 2: policy questions and legislation that's, pending or about judicial picks
• 1:47:09
  Speaker 2: and which side, is you, know not refusing to compromise
• 1:47:14
  Speaker 2: or acting in bad. Faith AND i love getting the
• 1:47:15
  Speaker 2: voters involved in.
• 1:47:16
  Speaker 1: This you, know the state Of, NEVADA i believe you,
• 1:47:19
  Speaker 1: have a referendum has to pass twice before it gets
• 1:47:22
  Speaker 1: added to their. Constitution if you do it is, yeah
• 1:47:26
  Speaker 1: good to do it two cycles in a. Row. Yeah.
• 1:47:28
  Speaker 2: Yeah, anyway that's my proposed solution in the book to
• 1:47:31
  Speaker 2: how you fix the confirmation.
• 1:47:32
  Speaker 1: Wars that's not. BAD i, mean LIKE i, Said i'd
• 1:47:35
  Speaker 1: just go to seventy five and you, know and you
• 1:47:39
  Speaker 1: would get a certain type of person picked right, Eventually,
• 1:47:43
  Speaker 1: no AND i think even in this the one you're,
• 1:47:46
  Speaker 1: describing you don't want to have the person come up
• 1:47:49
  Speaker 1: the second. Time so you're probably going to try to
• 1:47:51
  Speaker 1: find somebody who can get.
• 1:47:52
  Speaker 2: Sixty so, yeah you're gonna have to wait for two
• 1:47:55
  Speaker 2: years to feel, that you.
• 1:47:56
  Speaker 1: Know Like and by the, way in case people are,
• 1:47:58
  Speaker 1: wondering it's simple Active congress can decide.
• 1:48:00
  Speaker 2: This oh, yes, right, yep they.
• 1:48:04
  Speaker 1: Don't there's nothing in the constitution that says how The
• 1:48:08
  Speaker 1: senate should confirm these.
• 1:48:09
  Speaker 2: Justices do you know what else they could fix really
• 1:48:11
  Speaker 2: easily with An act Of, Congress maybe the Same act
• 1:48:13
  Speaker 2: Of congress forum. Shopping there is no reason if you
• 1:48:17
  Speaker 2: are asking for nationwide relief of whatever, kind or if
• 1:48:20
  Speaker 2: you are challenging an executive order or you know, regulation
• 1:48:25
  Speaker 2: that you should be able to pick which district you
• 1:48:28
  Speaker 2: file in because you think it's a friendly. District you,
• 1:48:31
  Speaker 2: know you could be the most fair judge in the.
• 1:48:33
  Speaker 2: World but if everyone knows that one side keeps picking,
• 1:48:35
  Speaker 2: you you're not going to look very fair no matter
• 1:48:38
  Speaker 2: how you. Rule And congress could fix that. Tomorrow there's
• 1:48:41
  Speaker 2: nobody who will defend this. System it is bad for the,
• 1:48:44
  Speaker 2: judiciary it's bad for the rule of, law and it's
• 1:48:46
  Speaker 2: bad for The Supreme court because that's how a bunch
• 1:48:48
  Speaker 2: of these cases keep getting to.
• 1:48:49
  Speaker 1: Them, Well, SARAH i think you. Are you are becoming
• 1:48:54
  Speaker 1: my favorite go to person on all things legal in
• 1:48:56
  Speaker 1: The Supreme. Court sorry to my, friend miss Totn sorry
• 1:49:01
  Speaker 1: to my friend With Pete williams down. Retirement you know
• 1:49:04
  Speaker 1: you're you're my go to Uh, Okay.
• 1:49:06
  Speaker 2: Just to be, Clear pete And nina are my. HEROES
• 1:49:09
  Speaker 2: i just.
• 1:49:09
  Speaker 1: Spent you, like and they're On Mount. Rushmore don't get me,
• 1:49:12
  Speaker 1: wrong they really, are but you, know And Willie mays
• 1:49:16
  Speaker 1: was an amazing baseball, player but Show Hey otani And
• 1:49:18
  Speaker 1: Aaron judge are dominating. Today they Were you're Your it
• 1:49:23
  Speaker 1: is your, Time Miss.
• 1:49:25
  Speaker 2: Sisker all honor To pete And, Nina, yes who have
• 1:49:29
  Speaker 2: been so supportive of me and of this. Book they
• 1:49:33
  Speaker 2: have helped me behind the scenes, enormously SO i stand
• 1:49:36
  Speaker 2: on their.
• 1:49:36
  Speaker 1: Shoulders the Entire Supreme Court press cort seems very, collegiate
• 1:49:42
  Speaker 1: And i'm incredibly impressed about.
• 1:49:44
  Speaker 2: It LIKE i could see her rattle off, names but
• 1:49:46
  Speaker 2: Like Laura jared is my best. Friend Devin dwyer AND
• 1:49:49
  Speaker 2: i text every. Day Amy howe is the most amazing
• 1:49:52
  Speaker 2: human and. COLLEAGUE i hear.
• 1:49:55
  Speaker 1: This all the. Time And pete would tell me STORIES
• 1:49:58
  Speaker 1: i used to, like would go into pe he eats
• 1:50:00
  Speaker 1: off With, Hey, pete tell me, so tell me about
• 1:50:02
  Speaker 1: your lunch with you, know the yearly lunch you got
• 1:50:05
  Speaker 1: to have with the with The Chief justice and you, know,
• 1:50:08
  Speaker 1: WELL i can't say, this BUT i can tell you
• 1:50:10
  Speaker 1: generally WHAT i. Hear you, KNOW i IMPRESSION i Well
• 1:50:17
  Speaker 1: lewis is one of my is one of my all
• 1:50:19
  Speaker 1: time favorite people in the. World that's his real first.
• 1:50:22
  Speaker 1: Name don't tell. Anybody he is To charles me all the.
• 1:50:25
  Speaker 1: Time so whenever he charles, me he Got.
• 1:50:27
  Speaker 2: Lewis you, know At John Carroll university Where Tim russert
• 1:50:32
  Speaker 2: went and they have The Tim russer at, school there
• 1:50:34
  Speaker 2: Is Pete week twice a year AND i went For
• 1:50:38
  Speaker 2: Pete week this year and.
• 1:50:40
  Speaker 1: Well you should. Come you need to come On may.
• 1:50:42
  Speaker 1: Seventeen you need to come On, Sunday may. Seventeenth that's
• 1:50:45
  Speaker 1: commencement because there's somebody that's going to be giving a commencement.
• 1:50:50
  Speaker 2: Speech oh, Interesting SO i.
• 1:50:53
  Speaker 1: Might see you there if you choose to. Come i'm Hoping.
• 1:50:56
  Speaker 1: Pete but we're going to find out If pete. Comes
• 1:50:58
  Speaker 1: i'm hoping he will. COME i think he'll be. There
• 1:51:01
  Speaker 1: we all at U, X nbc or is always pay
• 1:51:05
  Speaker 1: homage to our friends At John.
• 1:51:06
  Speaker 2: Carroll, yes it's an amazing.
• 1:51:08
  Speaker 1: School, anyway congrats on the. Book you're gonna is it
• 1:51:12
  Speaker 1: all a virtual book? Tour do you get to go? Places,
• 1:51:16
  Speaker 1: no let's.
• 1:51:17
  Speaker 2: See. Yeah this podcast will be released On tuesday.
• 1:51:22
  Speaker 1: Week.
• 1:51:22
  Speaker 2: Yeah, yeah so this WEEK i am At Harvard Law,
• 1:51:28
  Speaker 2: School university Of, Denver San, francisco and Then i'll be
• 1:51:32
  Speaker 2: Doing Bill maher On.
• 1:51:33
  Speaker 1: Friday you the law school visits are going to be.
• 1:51:36
  Speaker 2: AWESOME i love that talking to law. Students THAT'S i
• 1:51:41
  Speaker 2: wrote this, book you, know for me before law. SCHOOL
• 1:51:44
  Speaker 2: i went to law school BECAUSE i Watched Legally blonde
• 1:51:46
  Speaker 2: and was, like, yeah that makes sense for my. FUTURE
• 1:51:49
  Speaker 2: i can do El woods and LIKE i needed to
• 1:51:51
  Speaker 2: read this book BECAUSE i had no. Idea CAN i, Ask.
• 1:51:54
  Speaker 1: Okay i'm going to make myself feel old Because i'm
• 1:51:56
  Speaker 1: doing this on behalf of some of my. Listeners, yeah
• 1:51:58
  Speaker 1: did you at least go back in time and Watch Paper?
• 1:52:01
  Speaker 2: CHASE i read A Paper chase and one l By
• 1:52:06
  Speaker 2: Scott turow the summer BEFORE i went to law. School
• 1:52:08
  Speaker 2: BUT i got to tell you WHEN i show, Up
• 1:52:10
  Speaker 2: Elena kagan is my. Dean that's HOW i get to
• 1:52:14
  Speaker 2: know her AS i talk about in the, book and
• 1:52:17
  Speaker 2: it is a totally different. Place CAN i give you
• 1:52:19
  Speaker 2: one example of what it means to have a dean
• 1:52:22
  Speaker 2: Like Elena? Kagan SO i lived across the street and
• 1:52:26
  Speaker 2: one block up from the law, school and so every
• 1:52:29
  Speaker 2: Morning i'd like pack up all my. Books they're incredibly,
• 1:52:31
  Speaker 2: heavy and like go to the law school for the,
• 1:52:33
  Speaker 2: day And Elena kagan put tampons in the bathroom because
• 1:52:39
  Speaker 2: if you got your period while you were at law,
• 1:52:42
  Speaker 2: school you would have to go all the way. Home
• 1:52:44
  Speaker 2: and it was giving men this advantage basically because they
• 1:52:48
  Speaker 2: were able to stay in the library and the women
• 1:52:50
  Speaker 2: were having to like go home. Sometimes and it was
• 1:52:54
  Speaker 2: so thoughtful and as silly and small as that, sounds
• 1:52:57
  Speaker 2: it imbued everything she did at the law school and
• 1:53:01
  Speaker 2: the type of very thoughtful dean she was.
• 1:53:04
  Speaker 1: To make leveling the playing. Field that was leveling the playing.
• 1:53:07
  Speaker 2: Field, yeah, yeah we had she put in a sand
• 1:53:10
  Speaker 2: volleyball court like on campus so we, could you, know
• 1:53:13
  Speaker 2: get a little. Exercise there were happy hours On, thursdays
• 1:53:17
  Speaker 2: hot dogs and ice.
• 1:53:18
  Speaker 1: Cream you think she's doing that to this. Day come, On,
• 1:53:22
  Speaker 1: clarence let's get some hot.
• 1:53:23
  Speaker 2: Dogs let's.
• 1:53:24
  Speaker 1: Go she's a baseball.
• 1:53:25
  Speaker 2: FAN i know that she shows up at The cleark
• 1:53:28
  Speaker 2: happy hours. Sometime so Every thursday there's A cleerk happy
• 1:53:30
  Speaker 2: hour at the court and she is one of the
• 1:53:32
  Speaker 2: justices known to swing by because she likes the. Tea.
• 1:53:35
  Speaker 2: MAN i don't mean the. Drink you, know she likes
• 1:53:38
  Speaker 2: the hot goss as the kids. Say BUT i do
• 1:53:42
  Speaker 2: note in the book that ice luges have been banned
• 1:53:45
  Speaker 2: from The thursday Happy, hours.
• 1:53:47
  Speaker 1: Which means they were once, there which is.
• 1:53:49
  Speaker 2: Yes they.
• 1:53:50
  Speaker 1: Were, yeah WELL i this you have really sold. It,
• 1:53:56
  Speaker 1: WELL i will tell you that you have sold this. Book, well,
• 1:53:58
  Speaker 1: Congrats and my only concern is it's the last branch
• 1:54:03
  Speaker 1: standing for, now, yes right, now because we have this
• 1:54:08
  Speaker 1: is you, know this is the last court that has
• 1:54:12
  Speaker 1: people on it that's been produced by a sixty vote
• 1:54:15
  Speaker 1: threshold in order to sort of get into the. System
• 1:54:19
  Speaker 1: when we start to have a court that is a
• 1:54:20
  Speaker 1: majority fifty vote, only that feels like an even more
• 1:54:25
  Speaker 1: unruly court than we've ever.
• 1:54:27
  Speaker 2: Experienced we have not yet seen the results of our
• 1:54:31
  Speaker 2: current political moment on this, court because the court is
• 1:54:33
  Speaker 2: always a lagging into.
• 1:54:34
  Speaker 1: Indicated, right this is sort of first ten, years, Right
• 1:54:38
  Speaker 1: we're in the first ten years.
• 1:54:39
  Speaker 2: Of The we've got a few years left to fix
• 1:54:42
  Speaker 2: some of this. STUFF i have my reforms in the
• 1:54:44
  Speaker 2: back of the. BOOK i have some proposed amendments as.
• 1:54:46
  Speaker 1: Well so, yeah, awesome, Congrats thank you for spending time with.
• 1:54:52
  Speaker 1: Me And i'm going to be bugging you. Again maybe
• 1:54:55
  Speaker 1: thumbnet you'll decide you want somebody who does not have
• 1:54:58
  Speaker 1: a legal background to be on. Advisory but we'll.
• 1:55:01
  Speaker 2: Say, ooh perish the, thought thank You.
• 1:55:06
  Speaker 1: Nie all, Right so what do we think of provisional?
• 1:55:19
  Speaker 1: Votes so can you imagine you get kind of confirmed
• 1:55:22
  Speaker 1: to The Supreme, court don't get the sixty, votes then
• 1:55:25
  Speaker 1: you have to wait for Another congress to come, in
• 1:55:28
  Speaker 1: essentially giving the voters one shot if you can't get sixty,
• 1:55:31
  Speaker 1: Votes so you get sort of preliminary you, know there
• 1:55:36
  Speaker 1: is actually some precedent for doing where you're sort of
• 1:55:39
  Speaker 1: asking voters to do this in two, different two straight
• 1:55:43
  Speaker 1: elections before you make a big. Change the state Of
• 1:55:46
  Speaker 1: nevada does that with referendum based constitutional, amendments where it's
• 1:55:50
  Speaker 1: got to pass two cycles in a. Row. Man there's
• 1:55:54
  Speaker 1: something to it right where you're just you sort of
• 1:55:58
  Speaker 1: give the voters a. Chance so if you can't get
• 1:56:00
  Speaker 1: sixty votes the first, time now if you get you're,
• 1:56:03
  Speaker 1: sixty you don't have to be you're. Not you're no
• 1:56:05
  Speaker 1: longer provisionally. CONFIRMED i like. It and, again you don't
• 1:56:10
  Speaker 1: need a concential amendment for changes like, this just up
• 1:56:13
  Speaker 1: to THE Us. Senate they can just make a. Rule all,
• 1:56:15
  Speaker 1: right let's get to the time. Machine and, no we're
• 1:56:24
  Speaker 1: not going to go to some four to. Twenty although
• 1:56:27
  Speaker 1: that could have been fun and. Tempting for those of
• 1:56:29
  Speaker 1: you that know, me you're probably, thinking, oh he would
• 1:56:32
  Speaker 1: have done even more of. That, Now, no, No but
• 1:56:35
  Speaker 1: actually we've got a pretty good one this week that
• 1:56:39
  Speaker 1: has a little rhyme to, it if you, will when
• 1:56:42
  Speaker 1: it comes to the current current global. Landscape so some
• 1:56:49
  Speaker 1: weeks in history give you a, moment, right this one
• 1:56:53
  Speaker 1: gives you a. Countdown it was five days In april
• 1:56:57
  Speaker 1: of eighteen ninety. Eight that's where we're going. Back On april,
• 1:57:00
  Speaker 1: twentieth eighteen ninety, Eight congress issued an ultimatum to the
• 1:57:05
  Speaker 1: country Of. Spain On april twenty, first The United States
• 1:57:09
  Speaker 1: navy started a blockade Of. Cuba On april twenty, Third
• 1:57:13
  Speaker 1: spain declared war on The United, states and By april twenty,
• 1:57:17
  Speaker 1: fifth The United states made it official and quietly rewrote
• 1:57:22
  Speaker 1: when it all began and made the declaration of. War
• 1:57:25
  Speaker 1: they backdated the declaration of war five. Days that's all
• 1:57:29
  Speaker 1: it took for The United states to go from debate
• 1:57:32
  Speaker 1: to inevitability to. War we're going to The Spanish American.
• 1:57:37
  Speaker 1: War but the real story isn't what happened that. Week
• 1:57:39
  Speaker 1: it's how a country with options ended up acting like
• 1:57:43
  Speaker 1: it didn't have. Any does it sound, Familiar so let's
• 1:57:48
  Speaker 1: talk about the. Spark the spark actually took place On february,
• 1:57:51
  Speaker 1: fifteenth eighteen ninety. Eight that's when THE uss main exploded
• 1:57:54
  Speaker 1: in The Havannah. Harbor more than two and Sixty americans are.
• 1:57:58
  Speaker 1: Killed almost the conclusion arised before the Investigation spain did,
• 1:58:03
  Speaker 1: it except no one actually knows. That at the, time
• 1:58:07
  Speaker 1: the evidence is, unclear and even, today most modern investigations
• 1:58:13
  Speaker 1: point somewhere far less, dramatic a likely, accident a coal
• 1:58:18
  Speaker 1: bunker fire igniting the ship's. Magazine that it wasn't, sabotage
• 1:58:24
  Speaker 1: it wasn't an, attack just a, tragedy which makes what
• 1:58:28
  Speaker 1: comes next feel a bit different because the facts didn't
• 1:58:33
  Speaker 1: lead to the. Conclusion the conclusion came. First think about.
• 1:58:37
  Speaker 1: That this is when we first wondered if we were
• 1:58:40
  Speaker 1: losing the information, ecosystem and it goes all the way
• 1:58:42
  Speaker 1: back to eighteen ninety. Eight so let's talk about the
• 1:58:45
  Speaker 1: role of the press in this. One publishers Like William
• 1:58:49
  Speaker 1: Randolph hurst And Joseph pulitzer were locked in a circulation,
• 1:58:53
  Speaker 1: war and they discover something. Powerful and we still know
• 1:58:58
  Speaker 1: this today travels faster than. Truth, yeah we learned it
• 1:59:03
  Speaker 1: in eighteen ninety, eight and we're relearning the lesson all
• 1:59:06
  Speaker 1: the time, now aren't. We So cuba becomes not just
• 1:59:09
  Speaker 1: a story but a, feeling graphic, reporting emotional, framing constant.
• 1:59:16
  Speaker 1: Repetition remember the main To hell With spain rang a
• 1:59:21
  Speaker 1: headline and maybe the most telling line of the. Era
• 1:59:24
  Speaker 1: you furnished the pictures And i'll furnish the. War WHETHER.
• 1:59:27
  Speaker 1: R William randolph first actually said, it this point doesn't,
• 1:59:31
  Speaker 1: matter does? It that it was believable and? Repeat it
• 1:59:34
  Speaker 1: tells you everything you need to. Know and for the
• 1:59:37
  Speaker 1: first time In american, history millions of people are absorbing
• 1:59:41
  Speaker 1: the same emotional narrative at the same. Time congress isn't
• 1:59:47
  Speaker 1: reacting in a. Vacuum it's reacting to a country that's already.
• 1:59:52
  Speaker 1: Reacting the press didn't cause the, war but it helped
• 1:59:56
  Speaker 1: create a country that was ready for. One they certainly
• 1:59:59
  Speaker 1: amplified the idea behind. It at the center of all of,
• 2:00:03
  Speaker 1: this as the sitting president at the, Time william, McKinley
• 2:00:06
  Speaker 1: and he doesn't want this. War he understands something. Instinctively
• 2:00:10
  Speaker 1: once the war, starts you don't control how it. Ends
• 2:00:14
  Speaker 1: he tries, diplomacy tried to delay. Negotiation he was searching
• 2:00:19
  Speaker 1: for an. Offering but every day the pressure kept, building new,
• 2:00:23
  Speaker 1: headlines new outrage from the, public and A congress that
• 2:00:27
  Speaker 1: was simply reading the same. Newspapers and here was the.
• 2:00:30
  Speaker 1: Tension a president trying to slow down time while the
• 2:00:34
  Speaker 1: country was trying to speed things. Up and this is
• 2:00:37
  Speaker 1: the part that matters. Most this wasn't a war forced
• 2:00:39
  Speaker 1: on The United. States spain hadn't attacked The american, mainline
• 2:00:44
  Speaker 1: not at. All there was no immediate existential. Threat remember
• 2:00:49
  Speaker 1: we're worrying About spain putting nuclear arsenal in the island
• 2:00:54
  Speaker 1: Of cuba just ninety miles From american. Territory there was
• 2:00:58
  Speaker 1: A it was a volatile, situation no doubt, out but
• 2:01:00
  Speaker 1: there were, options which makes this something. Different this was
• 2:01:04
  Speaker 1: a war of choice that slowly stopped feeling like a
• 2:01:08
  Speaker 1: war of, choice which was what makes the press's role
• 2:01:13
  Speaker 1: in this. Uncomfortable so On april, twentieth eighteen ninety, eight
• 2:01:19
  Speaker 1: choice became starting to get. Momentum if you, Will congress
• 2:01:25
  Speaker 1: passed a joint resolution demanding That spain Leave. Cuba this
• 2:01:29
  Speaker 1: was not technically a declaration of, war but it functioned like.
• 2:01:32
  Speaker 1: One it's the moment where a decision starts to look like,
• 2:01:36
  Speaker 1: inevitability and inside it was something. Revealing it was The
• 2:01:41
  Speaker 1: Teller amendment and included this promise The United states will
• 2:01:45
  Speaker 1: not Annex. Cuba before the war, Begins america defines its moral.
• 2:01:50
  Speaker 1: Identity this was a good. Thing we are not going
• 2:01:55
  Speaker 1: to be, conquerors you, know basically Like. Spain we want
• 2:02:00
  Speaker 1: to be in the role of. Liberators that's the story
• 2:02:04
  Speaker 1: the country needs to tell. Itself it will now be the.
• 2:02:07
  Speaker 1: Last it will not be the last time when a
• 2:02:09
  Speaker 1: war of. Choice That america started was grounded in this
• 2:02:13
  Speaker 1: belief that we were going to be, liberators not. Conquerors
• 2:02:19
  Speaker 1: but then everything started to happen really. Fast On april twenty,
• 2:02:22
  Speaker 1: first The United states imposes a naval blockade Of. Cuba
• 2:02:26
  Speaker 1: basically that. Starts the war wasn't, declared but it was
• 2:02:30
  Speaker 1: chosen because in eighteen ninety eight a blockade is considered
• 2:02:32
  Speaker 1: an active, war and it had. Consequences american ships begin.
• 2:02:37
  Speaker 1: Freezing this excuse. Me american ships began Seizing spanish. Vessels and,
• 2:02:42
  Speaker 1: again we hadn't technically declared war. Yet so On april twenty,
• 2:02:46
  Speaker 1: Third spain does declare war in The United. States that's their.
• 2:02:49
  Speaker 1: Response and on twenty, FIFTH i, mean look at this
• 2:02:53
  Speaker 1: all within five. Days, man boom, boom boom. Boom congress
• 2:02:56
  Speaker 1: makes it. Formal but this was a weird. Thing he
• 2:03:00
  Speaker 1: decided to backdate the. War they backdate the war To
• 2:03:03
  Speaker 1: april Twenty, first you might ask, why because that's when
• 2:03:06
  Speaker 1: The United states had already crossed the. Line the declaration
• 2:03:09
  Speaker 1: isn't starting the, war it's legalizing what already. Happened congress
• 2:03:13
  Speaker 1: isn't deciding to go to. War it's catching up to
• 2:03:16
  Speaker 1: the one that had already. Begun, now there was another
• 2:03:20
  Speaker 1: force in the system that was squeezing McKinley. Here so
• 2:03:24
  Speaker 1: while McKinley was trying to slow things, down the accelerant
• 2:03:29
  Speaker 1: was a gentleman by the name Of Theodore. Roosevelt at the,
• 2:03:32
  Speaker 1: time he's the Assistant secretary of The, navy and he
• 2:03:34
  Speaker 1: resigns to fight in the. War By july of eighteen ninety,
• 2:03:38
  Speaker 1: eight he's In San Juan, hill and suddenly he's. Everywhere
• 2:03:42
  Speaker 1: he's a national. Hero but what matters isn't just the,
• 2:03:44
  Speaker 1: battlefield it's what comes. After roosevelt returns with something. Rare
• 2:03:48
  Speaker 1: he's a popularity that doesn't depend on party. Structure he's,
• 2:03:53
  Speaker 1: charismatic he's, independent he's. Unpredictable he's a rising, force and
• 2:03:57
  Speaker 1: that makes him a problem for the republic party in.
• 2:04:00
  Speaker 1: Power as One republican power broker put it at the,
• 2:04:03
  Speaker 1: time don't any of you realize there's only one life
• 2:04:06
  Speaker 1: between this mad man and the. Presidency that's how some Establishment,
• 2:04:11
  Speaker 1: republicans that's what they thought Of. Teddy so in nineteen
• 2:04:15
  Speaker 1: hundred they move him onto the ticket with McKinley vice,
• 2:04:18
  Speaker 1: president a place they assume will contain, him and a year,
• 2:04:22
  Speaker 1: later when McKinley is, assassinated he becomes. President the war
• 2:04:27
  Speaker 1: didn't just produce a, hero it produced a. President now
• 2:04:31
  Speaker 1: what does a war? Do the war ends. Fast, Actually spain,
• 2:04:34
  Speaker 1: Loses The United states steps into the, Vacuum Puerto, Rico,
• 2:04:38
  Speaker 1: guam The philippines across two. Oceans that's the territory require
• 2:04:42
  Speaker 1: the country that promised not to Take cuba didn't take.
• 2:04:45
  Speaker 1: It it just took everything else That spain had in
• 2:04:51
  Speaker 1: The caribbean and out in The. Pacific In. Cuba well
• 2:04:55
  Speaker 1: through the Plat, amendment The United states reserved the right
• 2:04:58
  Speaker 1: to intervene In cuba's. Affairs we didn't own, it but
• 2:05:01
  Speaker 1: we didn't quite let it go. Either we even helped
• 2:05:03
  Speaker 1: write some of The. Constitution so when you look at
• 2:05:07
  Speaker 1: that week Between april twentieth And april twenty, fifth eighteen ninety,
• 2:05:10
  Speaker 1: eight it's tempting to say it's When america decided to
• 2:05:13
  Speaker 1: go to, war but it's not quite, right because the
• 2:05:16
  Speaker 1: decision had already been made, slowly publicly and, emotionally until
• 2:05:21
  Speaker 1: it no longer felt like a decision at. All it
• 2:05:25
  Speaker 1: was a war of choice until it felt like we
• 2:05:29
  Speaker 1: were pushed into. It that, kind it's the kind that
• 2:05:33
  Speaker 1: begins with options and ends with the feeling that there
• 2:05:35
  Speaker 1: weren't any can. Argue america had fought wars of choice,
• 2:05:38
  Speaker 1: before but those wars were about land that would later
• 2:05:41
  Speaker 1: become part of The United. States this wasn't. That this
• 2:05:45
  Speaker 1: was a war fought outside the country that ended With
• 2:05:49
  Speaker 1: america staying. There, anyway war of, choices they just don't, go,
• 2:05:59
  Speaker 1: well they don't. End, well you just hope it doesn't
• 2:06:03
  Speaker 1: end in a. Disaster and with The Spanish American, war
• 2:06:05
  Speaker 1: obviously at least it didn't end in a. Disaster Ask. Chuck,
• 2:06:19
  Speaker 1: alright let's do a little Last. Chuck this one comes
• 2:06:23
  Speaker 1: From JODY. C the question is long, time first, time
• 2:06:25
  Speaker 1: aspiring five? Time are? Here all? Right trump lacks the
• 2:06:28
  Speaker 1: character and personal integrity to be the manager of a
• 2:06:30
  Speaker 1: pizzat all, right it looks like we're off to an
• 2:06:34
  Speaker 1: interesting start, Here. Jody this isn't a recent, development but
• 2:06:37
  Speaker 1: as his support erodes with his, base is there any
• 2:06:40
  Speaker 1: chance twenty Fifth amendment would be invoked to prevent him
• 2:06:43
  Speaker 1: Using america's standing in the world as viagra to make
• 2:06:45
  Speaker 1: a like Tocy ps never missed an. Episode i'm forty,
• 2:06:48
  Speaker 1: five AND i attribute some of my interest in politics
• 2:06:50
  Speaker 1: to your early career AT, nbc specifically the energy you
• 2:06:52
  Speaker 1: brought to election night. COVERAGE i remember the decision just
• 2:06:55
  Speaker 1: throwing it into our resident political, Junkie Chuck, todd and your
• 2:06:58
  Speaker 1: enthusiasm for the process and still is. Contagious keep those
• 2:07:01
  Speaker 1: election live streams coming. EXCELLENT i have a fifteen year
• 2:07:04
  Speaker 1: old daughter who is now politically activated in your election
• 2:07:07
  Speaker 1: coverage's appointment viewing for. Us keep up the great, work brother.
• 2:07:10
  Speaker 1: Man that is music to my. Ears, jodie thank you
• 2:07:13
  Speaker 1: so much for saying. THAT i do love the. Election
• 2:07:16
  Speaker 1: so we'll see You tuesday. NIGHT i hope that's what
• 2:07:18
  Speaker 1: that means seven Pm eastern will be come in on
• 2:07:21
  Speaker 1: the Airth you know it's interesting on the, TWENTY I
• 2:07:27
  Speaker 1: i go back to something THAT i sort of felt
• 2:07:30
  Speaker 1: about in hindsight with the. Impeachments AND i say in,
• 2:07:33
  Speaker 1: hindsight because, look both impeachments were valid obviously when you
• 2:07:40
  Speaker 1: look at the two that he was that he faced
• 2:07:46
  Speaker 1: the one After january. Sixth, now you, know if you you,
• 2:07:48
  Speaker 1: know if you, knew if you, knew if we knew
• 2:07:51
  Speaker 1: that was going to, happen they might not bother with
• 2:07:53
  Speaker 1: the first woe and just focused all their energy with
• 2:07:55
  Speaker 1: the second. One, Right but let me just say. THIS
• 2:07:59
  Speaker 1: i think if you use a mechanism that isn't the ballot,
• 2:08:02
  Speaker 1: box you don't fully eradicate the. Problem. Right you got
• 2:08:07
  Speaker 1: to win this at the ballot. Box you got to
• 2:08:09
  Speaker 1: defeat him at the ballot. Box he's got to be
• 2:08:11
  Speaker 1: humiliated at the ballot. Box Trump ism has to be
• 2:08:16
  Speaker 1: defeated at the ballot, box not on a, technicality not you,
• 2:08:21
  Speaker 1: KNOW i that doesn't mean we shouldn't be concerned about.
• 2:08:24
  Speaker 1: This but here's another ISSUE i. Have you, know, oh
• 2:08:30
  Speaker 1: hiss behaviors a Erratic, now well it's been erratic the whole,
• 2:08:33
  Speaker 1: time AND i know we it feels like it's, escalatory
• 2:08:38
  Speaker 1: but it's kind of been the same. THING i, mean
• 2:08:40
  Speaker 1: this is the same guy that his immediate reaction With
• 2:08:43
  Speaker 1: john McCain in early on, WAS i like people who
• 2:08:47
  Speaker 1: don't get shot, down you, know some ridiculous comment like.
• 2:08:50
  Speaker 1: That like he's Been this erratic behavior is not a recent.
• 2:08:55
  Speaker 1: Development SO i JUST i just come back to if
• 2:09:04
  Speaker 1: you use any other, mechanism it clearly turns him into
• 2:09:07
  Speaker 1: a martyr with a with a large enough chunk of
• 2:09:09
  Speaker 1: the country that it becomes a. Problem, Right and he
• 2:09:14
  Speaker 1: got turned into some weird martyr on free speech and
• 2:09:18
  Speaker 1: all of this nonsense Following january. Sixth, now, again it's
• 2:09:24
  Speaker 1: all because The Republican party, Choked, Right mitch McConnell choked
• 2:09:27
  Speaker 1: at the, moment, right and he's got to live with, that,
• 2:09:30
  Speaker 1: right he just it is what it. IS i promise
• 2:09:33
  Speaker 1: you there's a whole bunch Of republican senators that are
• 2:09:36
  Speaker 1: still especially now at the you know now that he's
• 2:09:41
  Speaker 1: essentially Put america's he's thrown away whatever prestige we had
• 2:09:45
  Speaker 1: left on the world, stage pretty much thrown it. Away
• 2:09:51
  Speaker 1: i'm sure plenty of them wish That mitch McConnell had
• 2:09:54
  Speaker 1: had just pulled the band aid off. Then but it's a. If.
• 2:10:07
  Speaker 1: AGAIN i go back to if you think if you
• 2:10:10
  Speaker 1: get rid Of trump or Trump ism on a, TECHNICALITY
• 2:10:13
  Speaker 1: i don't think you actually get rid of. It that's
• 2:10:15
  Speaker 1: my short answer. There BUT i will see you during
• 2:10:19
  Speaker 1: our election livestream On, tuesday SO i appreciate. That so
• 2:10:22
  Speaker 1: this next question comes from the mayor Of Harvey, Cedars New.
• 2:10:26
  Speaker 1: Jersey It's john M, imperially mister, MAYOR i appreciate the,
• 2:10:31
  Speaker 1: question and he, writes thank you again for answering my previous.
• 2:10:34
  Speaker 1: Question i'm curious Whether James madison's argument In federalist ten
• 2:10:37
  Speaker 1: that a, large diverse republic would prevent tyranny still holds up,
• 2:10:40
  Speaker 1: today as if our current division suggests. Otherwise given out,
• 2:10:44
  Speaker 1: fracture the country, feels do we still function as one
• 2:10:46
  Speaker 1: nation in the Way madison and, Vision and is there
• 2:10:49
  Speaker 1: any serious case to be made for a new constitutional?
• 2:10:51
  Speaker 1: Convention if you're ever near The jersey shore or the
• 2:10:55
  Speaker 1: key to the, city, well small town is waiting for.
• 2:10:57
  Speaker 1: You oh that's, fantastic mister. Mayor let's just say. THAT i.
• 2:11:01
  Speaker 1: Am you, know when you get an offer like, that
• 2:11:04
  Speaker 1: you put that in the you put that in the
• 2:11:06
  Speaker 1: file of you put that in the file that you
• 2:11:08
  Speaker 1: make sure you check back. With SO i, Am i'm
• 2:11:14
  Speaker 1: putting that in my, pocket my proverbial. Pocket so, well
• 2:11:23
  Speaker 1: first of, ALL i do a constitutional. Convention i'm not
• 2:11:28
  Speaker 1: afraid of, it BUT i understand there's a whole bunch
• 2:11:30
  Speaker 1: of partisans that are afraid of. It, look we have
• 2:11:33
  Speaker 1: the rules of what it takes to have a constitucial amendment.
• 2:11:35
  Speaker 1: Added if we have a country amendment to consider new
• 2:11:38
  Speaker 1: amendments of The, CONSTITUTION i think they would be quite.
• 2:11:40
  Speaker 1: Healthy and some sort of governor led effort that would
• 2:11:44
  Speaker 1: do that maybe would be. INTERESTING i think it's pretty
• 2:11:48
  Speaker 1: clear That Donald trump has been AN mri on the
• 2:11:50
  Speaker 1: on the small d democratic system Of. America, Right and
• 2:11:54
  Speaker 1: what DO i mean by, That, well he's exposed all
• 2:11:56
  Speaker 1: our vulnerabilities and there are a whole bunch of. Places
• 2:12:00
  Speaker 1: as it turns, out we need to update some, things
• 2:12:02
  Speaker 1: whether it's money in, politics whether it's enriching yourself on in.
• 2:12:06
  Speaker 1: Office there's sort of a lot of small d democratic
• 2:12:10
  Speaker 1: reforms THAT i think are necessary for. This for, this,
• 2:12:13
  Speaker 1: essentially we've got to we've got to modernize the infrastructure
• 2:12:16
  Speaker 1: of our. Democracy. Right it's, like you, know we're not
• 2:12:22
  Speaker 1: pulling a big you, know it's, like you, know eventually
• 2:12:25
  Speaker 1: you had to update your bathrooms to, work you, know
• 2:12:30
  Speaker 1: differently than the original flush model that indoor plumbing allowed. For,
• 2:12:35
  Speaker 1: right you just got to. Update and our democracy definitely
• 2:12:38
  Speaker 1: needs some. Updating BUT i also think that the, COUNTRY
• 2:12:46
  Speaker 1: i would argue that it's not as if the country
• 2:12:51
  Speaker 1: isn't acting together on.
• 2:12:53
  Speaker 2: This.
• 2:12:53
  Speaker 1: Right there's a large majority now that disapprove of this,
• 2:12:56
  Speaker 1: presidency and they disapprove pretty much on every issue he's
• 2:13:01
  Speaker 1: touching other than the. Border. Right SO i don't. KNOW
• 2:13:06
  Speaker 1: i think that that the in you're, in you're sort
• 2:13:09
  Speaker 1: of seeing political you, know there's been this illusion that
• 2:13:12
  Speaker 1: somehow political gravity doesn't apply To. Trump what we're, SAYING
• 2:13:15
  Speaker 1: i think that political gravity applies to. Him SO i
• 2:13:19
  Speaker 1: AM i, know we feel, fractured and we definitely are,
• 2:13:23
  Speaker 1: polarized but you do sort of see you, know it's
• 2:13:28
  Speaker 1: not like we're swimming against each other in the current, situation,
• 2:13:31
  Speaker 1: right just it is there is definitely a growing majority
• 2:13:36
  Speaker 1: here that is sour on this. Presidency so, uh and
• 2:13:42
  Speaker 1: there's a large. Majority we know what we don't, want,
• 2:13:44
  Speaker 1: right we just haven't agreed on what we. Want, LOOK
• 2:13:50
  Speaker 1: i think we're at a period where we've hit some
• 2:13:53
  Speaker 1: where we've hit some crucial moments where we realize we,
• 2:13:55
  Speaker 1: needed we need to do something. Right the, gerrymandering how
• 2:13:58
  Speaker 1: we how we draw election, lines this has gotten sort
• 2:14:02
  Speaker 1: of absolutely. Insane NOW i think, THERE i think we
• 2:14:05
  Speaker 1: need to uncap The. House that make The house Of representatives.
• 2:14:09
  Speaker 1: Bigger it would make the it would make the ability
• 2:14:14
  Speaker 1: to jerry, mander not say it goes, Away it just
• 2:14:17
  Speaker 1: makes it less influential on the overall makeup of The.
• 2:14:21
  Speaker 1: House if you if we if we had a if
• 2:14:23
  Speaker 1: we uncapped The house and added essentially expanded the actual
• 2:14:27
  Speaker 1: size of The house Of, Representatives it's clear we've got
• 2:14:30
  Speaker 1: to deal with something with dark money and invisible. Money
• 2:14:32
  Speaker 1: that has got to. Stop right it, is and and
• 2:14:35
  Speaker 1: we are we are allowing way too much power to
• 2:14:38
  Speaker 1: be accumulated by the private, sector including having some sort
• 2:14:42
  Speaker 1: of uh too much influence on some national security. ISSUES i,
• 2:14:48
  Speaker 1: mean just look at the control a guy Like Elon
• 2:14:50
  Speaker 1: musk has over. Satellites, Right we've we've allowed a little
• 2:14:54
  Speaker 1: bit of. That so there's definitely some updating and modernizing
• 2:14:59
  Speaker 1: that needs to get, done AND i think it would be.
• 2:15:02
  Speaker 1: Healthy SO i do think a constitutional convention to consider new,
• 2:15:06
  Speaker 1: amendments not to consider a new, constitution, RIGHT i think
• 2:15:10
  Speaker 1: that's The some people hear that and, think, oh a new.
• 2:15:12
  Speaker 1: Constitution by the, way plenty of democracies is you, know
• 2:15:16
  Speaker 1: it's amazing how long this constitution has. LASTED i Think
• 2:15:19
  Speaker 1: i've shared this with listeners, before but my friend over
• 2:15:23
  Speaker 1: at that runs The George Washington, Library i've always asked
• 2:15:26
  Speaker 1: her to this, Question Lindsay, SHRAVINSKY i, say, so what
• 2:15:29
  Speaker 1: was the founders? Thing they came back today and she,
• 2:15:31
  Speaker 1: said the number one thing they'd be shocked at is
• 2:15:33
  Speaker 1: that we're using the same. Constitution and the number two fact
• 2:15:36
  Speaker 1: they'd be shocked at is that if we are using
• 2:15:37
  Speaker 1: the same, constitution you really only have twenty seven. Amendments
• 2:15:41
  Speaker 1: you don't have like twice as, much right, SO i
• 2:15:46
  Speaker 1: think we're in one of those periods where it would be.
• 2:15:48
  Speaker 1: Healthy but you, KNOW i don't you, know do you
• 2:15:54
  Speaker 1: do this and sort of force the parties to follow?
• 2:15:56
  Speaker 1: Along you, KNOW i definitely think they're there's there's fracturing
• 2:16:02
  Speaker 1: happening in both. Parties you have two very weak political
• 2:16:05
  Speaker 1: parties right. NOW i wrote about this last week on
• 2:16:09
  Speaker 1: a column that's both on substack in the. Newsphere if
• 2:16:11
  Speaker 1: you want to check it, OUT i, think give you
• 2:16:14
  Speaker 1: look at what's happening in THE uk where there are
• 2:16:16
  Speaker 1: two major parties are fracturing and and splintering off into
• 2:16:21
  Speaker 1: new political. Parties right The tories are being impacted by
• 2:16:24
  Speaker 1: The Reform party there And labors being chipped away at
• 2:16:29
  Speaker 1: by The Green. PARTY i think we may see a
• 2:16:32
  Speaker 1: situation where something like that. DEVELOPS i think this is
• 2:16:36
  Speaker 1: the cycle we'll. See will a couple of independents breakthrough
• 2:16:39
  Speaker 1: and actually win On Tana, Nebraska michigan probably And Kevin
• 2:16:44
  Speaker 1: kyleie who just left The Republican party to run for
• 2:16:47
  Speaker 1: reelection as an. Independent you, know do those four? Go you,
• 2:16:52
  Speaker 1: know how many? Win if none, win that's that will
• 2:16:57
  Speaker 1: probably set back a lot of these independent third party.
• 2:17:01
  Speaker 1: Movements if two, WIN i think it accelerates interest in,
• 2:17:05
  Speaker 1: it and if three or four, WIN i think we
• 2:17:10
  Speaker 1: might think that the moment has. Arrived so Ultimately i'm
• 2:17:17
  Speaker 1: kind of pro constitutional convention for new. Amendments and more,
• 2:17:20
  Speaker 1: importantly Mayor, imperialey why don't you host it on The
• 2:17:23
  Speaker 1: Jersey shore And i'll share. It you AND i will
• 2:17:27
  Speaker 1: co share. It let's do it all. Right next question
• 2:17:30
  Speaker 1: comes From alan From, minnesota longtime, listener first time. Emailer
• 2:17:33
  Speaker 1: you spent a lot of time in your top five
• 2:17:35
  Speaker 1: segments going over various races likelihoods of. Flipping i'd love
• 2:17:38
  Speaker 1: to see a list of races where the consensus is
• 2:17:40
  Speaker 1: most wrong that can be defined in several. Ways for
• 2:17:43
  Speaker 1: state wide races coming up In, november you could list
• 2:17:45
  Speaker 1: the five where you think that betting markets are most,
• 2:17:47
  Speaker 1: off or where the more most frequently shared takes on
• 2:17:51
  Speaker 1: major news networks is most. Off that could be, subjective
• 2:17:54
  Speaker 1: but still of. Interest you could even do this separately
• 2:17:56
  Speaker 1: by party races which either party specifically is two bears bullish.
• 2:18:00
  Speaker 1: About this could be a way of teaching the public
• 2:18:02
  Speaker 1: and your listeners what we're likely getting. Wrong even if
• 2:18:05
  Speaker 1: you don't do a top five segment for, This i'd
• 2:18:07
  Speaker 1: be curious to hear if even one or two immediately
• 2:18:10
  Speaker 1: come to mind for. You thanks for inducting me into
• 2:18:13
  Speaker 1: the slightly less vaunted one timer. Club, well let's you,
• 2:18:16
  Speaker 1: know make. It. Well, look you're riding From minnesota a,
• 2:18:19
  Speaker 1: lot AND i Think minnesota is a race is a
• 2:18:22
  Speaker 1: state That republicans are underrating their chances. AT i think
• 2:18:25
  Speaker 1: you've a very Divisive senate. Race there ideological divide between
• 2:18:29
  Speaker 1: sort of progressives and the and the. Pragmatists Anngie craig
• 2:18:33
  Speaker 1: sort of the leading candidate of the Pragmatist Peggy flan
• 2:18:36
  Speaker 1: again the leading candidate the. Progressives AND i Think Michelle
• 2:18:39
  Speaker 1: tafoya is potentially a quality. Candidate now she's probably it's
• 2:18:44
  Speaker 1: it's you, KNOW i think this is part of a
• 2:18:46
  Speaker 1: two cycle run for, her because there'll be Another senate.
• 2:18:48
  Speaker 1: Race If Amy klobasher wins the governor's, race she'll appoint a.
• 2:18:52
  Speaker 1: SUCCESSOR i guess is If Anngie craig is not THE
• 2:18:56
  Speaker 1: Us senator by, election she'll Appoint Antie craig to THE Us.
• 2:18:58
  Speaker 1: Senate BUT i, digress SO i. Suspect but that's one
• 2:19:05
  Speaker 1: quickly that comes to mind for me that it's a
• 2:19:09
  Speaker 1: that That republicans underrate their own chances In. Minnesota AND i,
• 2:19:13
  Speaker 1: know UNDER i understand why they do it because they've
• 2:19:16
  Speaker 1: been kind of lucy with the, football, Right they'll throw
• 2:19:18
  Speaker 1: money in there and it just never you, know they never,
• 2:19:22
  Speaker 1: succeed But flanagan might just you, know, LOOK i think
• 2:19:26
  Speaker 1: this political Environment minnesota probably Means republicans can't win because
• 2:19:29
  Speaker 1: of the mess That ice made. There but if you're asking,
• 2:19:33
  Speaker 1: me that's one that quickly comes to mind on the,
• 2:19:35
  Speaker 1: right on the, left it's always for, me it's almost Always.
• 2:19:38
  Speaker 1: MISSISSIPPI i think that The National party And National party
• 2:19:42
  Speaker 1: strategists totally Underrate mississippi's. Competitiveness, yes it's hard for to you,
• 2:19:49
  Speaker 1: know it's sort of it's it's very similar To republicans
• 2:19:52
  Speaker 1: In minnesota And New, jersey, right which are the two
• 2:19:55
  Speaker 1: states That republicans have a way of becoming competitive but
• 2:19:57
  Speaker 1: never quite. Win mississippi for me is that on The democratic,
• 2:20:01
  Speaker 1: side you, know AND i Guess i'm trying to think
• 2:20:05
  Speaker 1: of another state i'd put in that category where they
• 2:20:08
  Speaker 1: where they get competitive but can't quite get over the. Top,
• 2:20:12
  Speaker 1: well you'd Say, texas, right It's texas And. Mississippi although this,
• 2:20:16
  Speaker 1: CYCLE i think that they they feel kind of bullish
• 2:20:21
  Speaker 1: on at least The Texas. Senate i'll tell you a
• 2:20:23
  Speaker 1: race THAT i Think democrats underrate their chances AND i
• 2:20:25
  Speaker 1: think the final result is going to show a more
• 2:20:28
  Speaker 1: competitive race than people will be surprised about. It It's Texas.
• 2:20:31
  Speaker 1: GOVERNOR i Think gina he has a strong candidates running
• 2:20:35
  Speaker 1: all things. Education she focuses on. Education people are pissed
• 2:20:39
  Speaker 1: about this voucherized. Program it's not that people don't like.
• 2:20:45
  Speaker 1: CHOICE i think people love choice for education in. Schools
• 2:20:51
  Speaker 1: but if you live in rural parts Of, texas what's your? Choice?
• 2:20:55
  Speaker 1: Right it becomes the public school or, homeschool AND i
• 2:20:58
  Speaker 1: don't think some people feel like that's much of a.
• 2:20:59
  Speaker 1: Choice SO i think there's a lot of discontent about
• 2:21:04
  Speaker 1: How republicans have pushed, this and you see. It it's
• 2:21:08
  Speaker 1: kind of Divided republicans a little. Bit SO i so you,
• 2:21:11
  Speaker 1: know those are the it's those two, races those those
• 2:21:15
  Speaker 1: three come to. Mind Texas governor for The, Democrats Minnesota
• 2:21:19
  Speaker 1: senate for The, Republicans Mississippi senate for The. Democrats AND
• 2:21:23
  Speaker 1: i guess IF i were to do one, more you,
• 2:21:27
  Speaker 1: know sort of even this out right two and, TWO
• 2:21:32
  Speaker 1: i GUESS i would Probably. Oregon you, KNOW i Think
• 2:21:37
  Speaker 1: oregon is a much more competitive state For, republicans and
• 2:21:40
  Speaker 1: they they sort of just, assume, well it's sandwich Between Washington,
• 2:21:44
  Speaker 1: california so it's impossible to. Win And oregon is very
• 2:21:47
  Speaker 1: similar To New jersey And. Minnesota there's a high floor For.
• 2:21:50
  Speaker 1: Republicans they can get to forty five pretty, easily very
• 2:21:54
  Speaker 1: hard to get that last four or five percentage. Points
• 2:21:57
  Speaker 1: But oregon's another place THAT i think That republicans. Underestimate
• 2:22:03
  Speaker 1: and you could say that About New, mexico and they're
• 2:22:05
  Speaker 1: really flailing In New. Mexico they may not even feel
• 2:22:09
  Speaker 1: the center candidate, there which is just shocking Because New
• 2:22:12
  Speaker 1: mexico has always been a light blue, state not a
• 2:22:16
  Speaker 1: dark blue. STEAK i love the top five suggestion, overall
• 2:22:23
  Speaker 1: and you got me, Thinking i'm, gonna you, KNOW i
• 2:22:26
  Speaker 1: want To i'm gonna play around with with your idea,
• 2:22:29
  Speaker 1: There so thank you for. That next question comes From
• 2:22:42
  Speaker 1: bill and The, Wolfsbury. Pennsylvania he writes On, Wednesday april fifteenth.
• 2:22:46
  Speaker 1: Show DID i hear a dog in the? Background SO
• 2:22:49
  Speaker 1: i did not know you had a. DOG i feel
• 2:22:51
  Speaker 1: like you've buried the lead AND i want to know
• 2:22:53
  Speaker 1: his or her. Name fingers. Crossed It's. Chessie, also you're
• 2:22:56
  Speaker 1: a daily listen on the. Podcast keep up the good.
• 2:22:58
  Speaker 1: Work it. Is, yes you DID i? Know my mother
• 2:23:02
  Speaker 1: said she heard Its. Callie she's about two and a.
• 2:23:05
  Speaker 1: HALF i got. Her we've we've we've basically been a
• 2:23:10
  Speaker 1: two dog family ever since my wife AND i got.
• 2:23:13
  Speaker 1: Together she had a. DOG i had a dog when
• 2:23:18
  Speaker 1: she moved, in and so we've always been a two dog,
• 2:23:21
  Speaker 1: family and and it's always been one one bigger, one
• 2:23:26
  Speaker 1: one bigger, dog one smaller. Dog and that's kind of
• 2:23:29
  Speaker 1: the situation we've been. In so we are we're a
• 2:23:31
  Speaker 1: two dog. Family but the the dog you heard is
• 2:23:34
  Speaker 1: our bigger. Dog she's our younger dog, now and we
• 2:23:37
  Speaker 1: obviously go back and forth who gets and the older
• 2:23:39
  Speaker 1: dog always gets to be the. Alpha it's always funny
• 2:23:41
  Speaker 1: to we've watched these. Dynamics right the minute a dog
• 2:23:47
  Speaker 1: realizes they get to be the older, alpha you see this,
• 2:23:51
  Speaker 1: transformation you, know when it comes to toys and food
• 2:23:54
  Speaker 1: and and and things like. That it's a it's it's,
• 2:23:57
  Speaker 1: uh it's it's amusing to. Watch but, Yeah callie's pretty.
• 2:24:03
  Speaker 1: Good she starts scratching the carpet when she's, like come,
• 2:24:07
  Speaker 1: on can we? Go can we? Go can we? Go
• 2:24:08
  Speaker 1: so she was clearly getting a little. Antsy she may
• 2:24:12
  Speaker 1: have made an appearance or. TWO i think if, You
• 2:24:17
  Speaker 1: i'm not sure SHE i think she might have made
• 2:24:20
  Speaker 1: an appearance or. Two but, yeah she's mostly pretty. Good
• 2:24:26
  Speaker 1: she's she doesn't Realize i'm talking about her now because
• 2:24:29
  Speaker 1: she's now. Snoozing but you, know she already had a
• 2:24:32
  Speaker 1: big walk, today SO i think we're in good. Shape
• 2:24:36
  Speaker 1: next question comes from comes from The king of The
• 2:24:43
  Speaker 1: Five Timers. Club he said he spent the weekend promoting the, pod,
• 2:24:47
  Speaker 1: which let's be, honest mostly means shamelessly promoting myself as
• 2:24:50
  Speaker 1: the president of The Ask chuck Five Timer. Club one
• 2:24:52
  Speaker 1: of my friends mentioned that you And Stephen colbert did
• 2:24:55
  Speaker 1: a skit back in twenty. Fifteen it got me thinking
• 2:24:57
  Speaker 1: it's time for a late night. Crossover please consider Bringing
• 2:24:59
  Speaker 1: colbert or Maybe John, Oliver Seth myers Or Bill maher
• 2:25:02
  Speaker 1: on the. Show the political Nerd nerdom would be off the,
• 2:25:05
  Speaker 1: charts Best, President chase Of Little, Rock. Arkansas, LOOK i
• 2:25:10
  Speaker 1: love the. Idea, Yeah i've Done colbert's, Show i've Done Mars,
• 2:25:13
  Speaker 1: Show i've Done seth's, show not Done John oliver on that,
• 2:25:18
  Speaker 1: FRONT i do think of colbert appearance is a good.
• 2:25:27
  Speaker 1: One we were working On Jimmy kimmel for a. While that's,
• 2:25:30
  Speaker 1: that you, know we'll see that that's hoping coming, through
• 2:25:33
  Speaker 1: but we'll Get colbert. On he's Somebody i've been friendly
• 2:25:35
  Speaker 1: with for a long, time AND i think his political
• 2:25:40
  Speaker 1: nerdom is HE i think of, everybody he's probably the
• 2:25:48
  Speaker 1: guy that was into politics even before he got into
• 2:25:50
  Speaker 1: late night. Television some of these other guys that are,
• 2:25:52
  Speaker 1: MENTIONED i feel like gravitated towards politics as they as
• 2:25:56
  Speaker 1: they realized it did well for late, night WHERE i
• 2:26:00
  Speaker 1: Think colbert kind of was always kind of kind of
• 2:26:03
  Speaker 1: kind of into, it uh. There and you know HE'S
• 2:26:08
  Speaker 1: i love me a, good a good dry humor. Guy
• 2:26:10
  Speaker 1: AND i just, think you, know the original concept of
• 2:26:13
  Speaker 1: The colbert rapport is still, brilliant is still one of
• 2:26:17
  Speaker 1: the more brilliant things out. THERE i think in some,
• 2:26:20
  Speaker 1: ways you, know we forget the brilliance of that. Program you,
• 2:26:23
  Speaker 1: know he went and you, know just Became Stephen, colbert you,
• 2:26:26
  Speaker 1: know rather than rather than his his sort of alter.
• 2:26:28
  Speaker 1: Ego let's just hope that after, after when he gets
• 2:26:36
  Speaker 1: to declare his, independence maybe he brings the alter ego
• 2:26:39
  Speaker 1: and makes that his his central organizing force. Online but,
• 2:26:45
  Speaker 1: yes we'll we will work on that in the booking.
• 2:26:48
  Speaker 1: Department so thank you for. Those let's sneak in one
• 2:26:52
  Speaker 1: more question here and then we'll call. It we'll call
• 2:26:56
  Speaker 1: it an. Episode this comes From, Chicago, well it's actually
• 2:27:01
  Speaker 1: comes From MICHAEL l who says he's From, Chicago, illinois
• 2:27:04
  Speaker 1: In chicago by way Of. Nola so what that tells
• 2:27:07
  Speaker 1: me in you, know both, cities people From New, orleans
• 2:27:10
  Speaker 1: even when they, leave they're always From New, orleans no
• 2:27:12
  Speaker 1: matter where they. Live they really love to refer. Them
• 2:27:14
  Speaker 1: but Then chicagoans feel the same, way, Right they're always
• 2:27:18
  Speaker 1: From if you're From, chicago no matter where you, live
• 2:27:20
  Speaker 1: you still feel like you're From. Chicago there's a lot of.
• 2:27:24
  Speaker 1: Pride so you Combined chicago And, nola which Is i've
• 2:27:28
  Speaker 1: got relatives that have. Combined had that Combined Chicago nola love,
• 2:27:34
  Speaker 1: affair and it is it is one of. Those it's it's.
• 2:27:37
  Speaker 1: Serious so, anyway let's get to your. Question, Hey, chuck
• 2:27:41
  Speaker 1: with huge fundraising numbers From senate hopefuls and attention grabbing
• 2:27:45
  Speaker 1: races Like tallarico And cooper referring To texas cent In
• 2:27:48
  Speaker 1: North Carolina, center can you give a layman's primer on
• 2:27:50
  Speaker 1: some of the basic rules regarding what canon can't be
• 2:27:52
  Speaker 1: done with that. Cash i'm reminding of big holes from
• 2:27:54
  Speaker 1: The amy McGraths and the saragideons referring To Kentucky senate
• 2:27:58
  Speaker 1: And Main center in the, past and always wondered to
• 2:28:01
  Speaker 1: assume there was a reason some of the more eyeball
• 2:28:03
  Speaker 1: grabbing candidates with big numbers didn't share the wealth with
• 2:28:06
  Speaker 1: other races where the funds could go a lot. Further
• 2:28:08
  Speaker 1: You're Alaska's, mississippis et. Cetera love the pod let. Cheesera, anyway,
• 2:28:13
  Speaker 1: WELL i appreciate you being both A tk listener and
• 2:28:16
  Speaker 1: A ct, listener if you, will you know this is
• 2:28:22
  Speaker 1: part of the you, know this has been part of
• 2:28:24
  Speaker 1: the struggle right the nationalization of our political, dialogue and
• 2:28:30
  Speaker 1: you have and you've seen. It i've seen it on
• 2:28:32
  Speaker 1: the right where you get candidates who have no. Chance
• 2:28:35
  Speaker 1: but they, Say i'm running Against Alexandria Cassio, cortez give me,
• 2:28:41
  Speaker 1: money and they raise absurd amounts of money from sort
• 2:28:44
  Speaker 1: of A i don't want to call it a it's not,
• 2:28:46
  Speaker 1: gullible but you. Are but BUT i do think some
• 2:28:49
  Speaker 1: of that money comes from semi gullible, people meaning gullible that,
• 2:28:54
  Speaker 1: like they don't fully realize that it's wasted, money but
• 2:28:57
  Speaker 1: they want to. Believe they're sort of probably more, naive
• 2:29:01
  Speaker 1: not quite, gullible but probably more naive about how politics. Works,
• 2:29:05
  Speaker 1: Now i'm somebody who's a bit more who believes that
• 2:29:08
  Speaker 1: any with the right, candidate the right, spending the right,
• 2:29:12
  Speaker 1: strategy you can you can be competitive in any any
• 2:29:15
  Speaker 1: part of the country if you positioned yourself. Correctly So
• 2:29:20
  Speaker 1: i'm not as LIKE i hate this thought, that, well
• 2:29:23
  Speaker 1: that's a red, state so don't bother. Running if you're
• 2:29:26
  Speaker 1: not a member Of Team red or that's a blue,
• 2:29:28
  Speaker 1: state don't follow find another way to. Run, right every
• 2:29:31
  Speaker 1: politics abhors a. Vacuum run is an Independent you, know
• 2:29:34
  Speaker 1: one thing is, true there's always you, know there's always
• 2:29:39
  Speaker 1: a an audience for, change no matter the state you live,
• 2:29:44
  Speaker 1: in whether It's, Idaho vermont or anywhere in the ideological in.
• 2:29:48
  Speaker 1: Betweens but a lot of, times you, know the, consultants you,
• 2:29:55
  Speaker 1: know first of all these big money hauls usually it
• 2:29:58
  Speaker 1: takes a lot of money to raise a lot of.
• 2:30:00
  Speaker 1: Money so a lot of times the people you're focused
• 2:30:03
  Speaker 1: on are the people that did a lot of national
• 2:30:05
  Speaker 1: fundraising Through Act, blue and they may spend a lot
• 2:30:07
  Speaker 1: of money On facebook ads or spend a lot of
• 2:30:09
  Speaker 1: money on other digital advertising in order to get as
• 2:30:13
  Speaker 1: many new donors as they, can and then they go
• 2:30:17
  Speaker 1: back and ask for a couple of dollars all the,
• 2:30:19
  Speaker 1: time you, know you're looking for recurring. Donations and then
• 2:30:21
  Speaker 1: of Course Act blue And all And When red both do,
• 2:30:24
  Speaker 1: this which is every, time you, KNOW i think a
• 2:30:27
  Speaker 1: lot of times they get they encourage, people, hey instead
• 2:30:29
  Speaker 1: of giving you, know one hundred, dollars now do you
• 2:30:32
  Speaker 1: want to give twenty dollars every month between now and the?
• 2:30:34
  Speaker 1: Campaign and it allows them to sort of create a
• 2:30:37
  Speaker 1: recurring amount of money coming. IN i think both parties
• 2:30:41
  Speaker 1: need to figure out a better way to to to
• 2:30:45
  Speaker 1: to take you, know money that's going to be wasted
• 2:30:48
  Speaker 1: in some, places like it's going to be an interesting
• 2:30:51
  Speaker 1: challenge In North. CAROLINA i Think COOPER'S i think that
• 2:30:53
  Speaker 1: race is. Done, now it's not done, done It's North.
• 2:30:55
  Speaker 1: Carolina But cooper's got to have plenty of. Money when
• 2:31:00
  Speaker 1: when do You when Does cooper start putting that money
• 2:31:03
  Speaker 1: to use for? OTHERS a lot of times these, campaigns
• 2:31:06
  Speaker 1: these candidates they don't they want to, hoard, right they're
• 2:31:09
  Speaker 1: not interested in or they want to use their money
• 2:31:11
  Speaker 1: to maybe help advance their. Ambition you, know maybe they'll you,
• 2:31:16
  Speaker 1: know maybe If cooper's interested in running for, president he
• 2:31:19
  Speaker 1: suddenly transfers money To Josh, shapiro or transfers money To Wes, Moore,
• 2:31:25
  Speaker 1: right you, know two people that may maybe running for
• 2:31:27
  Speaker 1: president as. Governors or does he start to give money
• 2:31:31
  Speaker 1: to To democrats In, Iowa New, Hampshire South. Carolina, Right
• 2:31:35
  Speaker 1: you could, see you could see something like. That But
• 2:31:38
  Speaker 1: i'll be really curious Because Roy cooper is going to
• 2:31:40
  Speaker 1: have a ton of money and he probably won't need it,
• 2:31:43
  Speaker 1: all but he's probably not going to feel comfortable giving it,
• 2:31:48
  Speaker 1: away not at least not until Mid october when when
• 2:31:52
  Speaker 1: all them when he knows how much money you, know
• 2:31:55
  Speaker 1: he's already spent or already had in, hand so DO.
• 2:32:01
  Speaker 1: I we'll, see, right we have no evidence that any
• 2:32:04
  Speaker 1: of these parties have gotten better at figuring out how
• 2:32:07
  Speaker 1: to take excess donations and unwinnable races and move that
• 2:32:10
  Speaker 1: to other, races because, ultimately you've got to get the
• 2:32:12
  Speaker 1: candidate to, agree and that's usually the hardest thing to,
• 2:32:15
  Speaker 1: do is to get the candidates in because they all
• 2:32:17
  Speaker 1: believe that, well if all these people are giving me,
• 2:32:19
  Speaker 1: money they must you, know maybe you guys are underestimating.
• 2:32:22
  Speaker 1: Me the general public isn't. Right it just plays into
• 2:32:25
  Speaker 1: the to the ego of the. Candidate and, remember if
• 2:32:28
  Speaker 1: you've chosen to run for, office you already have a
• 2:32:30
  Speaker 1: pretty big ego and so you're not going To you
• 2:32:34
  Speaker 1: may not be as logical about, this but a guy Like,
• 2:32:37
  Speaker 1: cooper who's been head of THE, dga knows what it's
• 2:32:41
  Speaker 1: like for other. Parties so you, Know i'll be curious
• 2:32:44
  Speaker 1: to see If cooper shares the, wealth and if anybody
• 2:32:47
  Speaker 1: shares the, wealth he's the ONE i expect the most
• 2:32:49
  Speaker 1: to share the. Wealth you get a guy Like tallerico In,
• 2:32:53
  Speaker 1: TEXAS i, mean you, know no matter how much money he,
• 2:32:57
  Speaker 1: raises it's still never going to be enough for all
• 2:32:58
  Speaker 1: the resource for all the all the infrastructure That democrats
• 2:33:01
  Speaker 1: lack In. Texas so my curiosity there is do they
• 2:33:05
  Speaker 1: spend the Right do they spend the money there the right?
• 2:33:07
  Speaker 1: Way you? Know is it is? It are you spending
• 2:33:10
  Speaker 1: the money both to help you in the current election
• 2:33:12
  Speaker 1: but maybe create structure that helps you in the next
• 2:33:16
  Speaker 1: election as. Well both parties have not been good at
• 2:33:21
  Speaker 1: that over time, either so we'll. Say but it's an
• 2:33:25
  Speaker 1: interesting question. Now but LIKE i said, that the probably
• 2:33:28
  Speaker 1: the biggest test will be For cooper where it looks
• 2:33:30
  Speaker 1: like it's a done. Deal you, know how willing is
• 2:33:35
  Speaker 1: he going to be to share the? Wealth all, Right,
• 2:33:39
  Speaker 1: well we will put a pin in this. WEEK i
• 2:33:43
  Speaker 1: have to SAY i have a feeling the first round
• 2:33:46
  Speaker 1: of THE Nba playoffs are being kind of. Snoozer although
• 2:33:50
  Speaker 1: thank You La lakers and Watching lebron you, know they
• 2:33:55
  Speaker 1: do have home court advantage every. Year that's probably to
• 2:33:58
  Speaker 1: me that's probably the most interesting SERIES i, Know Minnesota
• 2:34:01
  Speaker 1: denver is supposed to be just Because minnesota is one
• 2:34:03
  Speaker 1: of the few teams that has Beaten denver in the
• 2:34:05
  Speaker 1: playoffs in a seven game. SERIES i don't you, Know
• 2:34:13
  Speaker 1: i'm not sure of that. One the best first round
• 2:34:16
  Speaker 1: SERIES i think is going to end up Being houston
• 2:34:18
  Speaker 1: IN la Because durant will come. Back they'll probably win
• 2:34:21
  Speaker 1: win A game two pretty big Or game three pretty,
• 2:34:23
  Speaker 1: big and you, know the longer the series goes, on
• 2:34:26
  Speaker 1: the more likelihood That luca makes it, back and If
• 2:34:28
  Speaker 1: luca makes it, back The lakers get into the second.
• 2:34:31
  Speaker 1: Round right, now they have to. Play the problem The
• 2:34:34
  Speaker 1: lakers have is that they would go to Okay it
• 2:34:37
  Speaker 1: immediately in the next series is Okay? See AND i
• 2:34:41
  Speaker 1: Doubt luca And reeves are both healthy. Enough they need
• 2:34:44
  Speaker 1: fully healthy team to go after Okay, See so they're
• 2:34:47
  Speaker 1: probably not going to make. It but that's the series
• 2:34:50
  Speaker 1: THAT i think is going to end up having because
• 2:34:52
  Speaker 1: it could be the it could Be Lebron james's last
• 2:34:57
  Speaker 1: meaningful playoff. Appearance so for, me that's something to, watch
• 2:35:02
  Speaker 1: that's something to soak, in and you, know that's probably
• 2:35:08
  Speaker 1: for THE i have trying to figure out If i'm
• 2:35:11
  Speaker 1: rooting for. ANYBODY i guess it's The, spurs you, Know
• 2:35:15
  Speaker 1: I'm i'm trying to, find you, know who are the
• 2:35:18
  Speaker 1: most rootable teams. HERE i think it's The spurs and The.
• 2:35:21
  Speaker 1: KNICKS i just feel sorry For knicks. Fans i'd kind
• 2:35:25
  Speaker 1: of like to see them in the. FINALS i Think.
• 2:35:26
  Speaker 1: BRUNSON i Love. BRUNSON i enjoy Watching Jalalen. Brunson so you,
• 2:35:33
  Speaker 1: know IF i could Get Nick spurs in the, Finals
• 2:35:35
  Speaker 1: i'd have a good time with. THAT i guess that's
• 2:35:37
  Speaker 1: where Where i'll, be you, know slightly, pulling but you,
• 2:35:41
  Speaker 1: KNOW i just want some competitive. Basketball we haven't had
• 2:35:44
  Speaker 1: COMPETITIVE nba basketball really since before The All star, break you,
• 2:35:50
  Speaker 1: KNOW i mean, this this second half of THIS nba
• 2:35:51
  Speaker 1: season was just a was just a shit, show and
• 2:35:55
  Speaker 1: the commissioner knows. IT i think we See atlanta's being.
• 2:35:59
  Speaker 1: Exposed you know, That Oh atlanta did, well they beat
• 2:36:02
  Speaker 1: all the tanking. Teams they weren't a legitimately good, team
• 2:36:05
  Speaker 1: and The knicks are already exposing. Them, right this was
• 2:36:09
  Speaker 1: this was a shameful season for THE. Nba hopefully they
• 2:36:15
  Speaker 1: will come up with real rays to try to fix.
• 2:36:17
  Speaker 1: This and you, know if they if all the top teams,
• 2:36:24
  Speaker 1: win if all the favorites win as we expect starting
• 2:36:27
  Speaker 1: with the you, know the final, eight, right the final
• 2:36:32
  Speaker 1: sixteen is kind of you, know but if the final,
• 2:36:35
  Speaker 1: eight that we may get the final four on each.
• 2:36:37
  Speaker 1: Side these things could be a lot of fun to
• 2:36:40
  Speaker 1: watch throughout the month Of. May so with, That i'm
• 2:36:44
  Speaker 1: gonna put a pin in this. EPISODE i will see.
• 2:36:47
  Speaker 1: You we've got the live Stream tuesday. Night chrystial is
• 2:36:52
  Speaker 1: a decision de SK. Hq we will be calling it
• 2:36:54
  Speaker 1: faster than everybody else. Does so if you want to
• 2:36:58
  Speaker 1: be on top of The virginia results, first there's only
• 2:37:01
  Speaker 1: one place to tune into, first you know, That so
• 2:37:04
  Speaker 1: we'll have That. Tuesday i'll have a new, episode of
• 2:37:05
  Speaker 1: course On, wednesday And i'll see you. There thanks for.
• 2:37:10
  Speaker 1: Listening don't forget to like and. Subscribe