Latest / Pod Save America / “Trump, unmasked.”
Transcript
- 0:20Speaker 1: Welcome to Pod Save America. I'm Jon Favreau.
- 0:22Speaker 2: I'm Jon Lovett.
- 0:23Speaker 3: I'm Tommy Vitor.
- 0:24Speaker 1: On today's pod, Lovett talks to Chase Strangio, one of
- 0:26Speaker 1: the attorneys from the ACLU legal team that was part
- 0:29Speaker 1: of today's 6-3 Supreme Court decision that prevents discrimination against
- 0:33Speaker 1: LGBTQ Americans in the workplace. He also talks to Pulitzer
- 0:36Speaker 1: Prize winning journalist Wesley Lowry about his reporting on the
- 0:39Speaker 1: nationwide protest that continued this weekend. Before that, we'll talk
- 0:44Speaker 1: about the police killing of Rayshard Brooks in Atlanta, the
- 0:46Speaker 1: status of the police reform debate in Congress. and how
- 0:49Speaker 1: Trump is doing his best to put himself on the
- 0:51Speaker 1: wrong side of the protests and the pandemic that is
- 0:53Speaker 1: still on the rise in way too many states. First, Lovett,
- 0:57Speaker 1: how was the show this weekend?
- 0:58Speaker 2: Great, love it or leave it. Judd Apatow ridiculed the monologue.
- 1:01Speaker 2: Melina Abdullah came back to talk about the protests. Rosemary Ketchum,
- 1:04Speaker 2: who just became the first trans person ever elected in
- 1:07Speaker 2: the state of West Virginia, came to talk about what
- 1:09Speaker 2: it was like to be a first-time candidate. It was
- 1:13Speaker 2: a real barn burner.
- 1:15Speaker 1: Wow, that's exciting. Also exciting, we have a brand new
- 1:18Speaker 1: podcast at Crooked Media. It's called Unholier Than Thou. Award-winning
- 1:22Speaker 1: journalist and editor Philip Picardy is on a quest to
- 1:25Speaker 1: better understand his relationship with spirituality by learning how faith
- 1:28Speaker 1: plays a role in other people's lives. First episode, conversation
- 1:32Speaker 1: about miracles with Dr. Darian Sutton, an ER doctor who's
- 1:35Speaker 1: been on the front lines of the pandemic, also Phil's fiance.
- 1:38Speaker 1: The second episode is a conversation with the rector of St.
- 1:41Speaker 1: John's Episcopal Church, who was there when Trump staged his
- 1:44Speaker 1: photo op the other week. Guys, it's an outstanding podcast.
- 1:48Speaker 3: It really is.
- 1:48Speaker 4: It's great.
- 1:49Speaker 1: I love it. You'll really, really enjoy this. It is different.
- 1:52Speaker 1: It is moving. Phil is an outstanding interviewer. It's really,
- 1:56Speaker 1: really great. Subscribe to Unholier Than Thou on Apple Podcasts, Spotify,
- 2:01Speaker 1: or wherever you listen to your podcasts. Finally, it's not
- 2:05Speaker 1: too late to adopt a swing state. It is not
- 2:07Speaker 1: too late. We have already had two digital organizing trainings.
- 2:12Speaker 1: with about 15,000, 16,000 people each. But we have a
- 2:15Speaker 1: few more coming up. If you want to join, sign
- 2:18Speaker 1: up to adopt a state at votesaveamerica.com slash adopt. We'll
- 2:21Speaker 1: send you all the details you need. The next training
- 2:23Speaker 1: is Thursday at 5 p.m. It's about vote by mail
- 2:27Speaker 1: and special guest, John Lovett.
- 2:30Speaker 2: Neither sleet nor hail shall keep me. It's a mail joke.
- 2:35Speaker 2: I'm so sorry.
- 2:36Speaker 1: Yeah, no, I think you know.
- 2:38Speaker 2: I'm really sorry, everybody. I'm really sorry.
- 2:40Speaker 1: Okay. Let's get to the news on Friday night, Atlanta
- 2:44Speaker 1: police shot and killed 27 year old Rayshard Brooks outside
- 2:47Speaker 1: of a Wendy's parking lot where he had fallen asleep
- 2:49Speaker 1: at the wheel of his car and the drive through line.
- 2:51Speaker 1: When the officers were called, he struggled as they tried
- 2:54Speaker 1: to arrest him, grabbed one of the officers tasers and
- 2:57Speaker 1: was shot twice in the back. As he ran away,
- 3:00Speaker 1: Atlanta's police chief stepped down following the incident. Uh, and
- 3:03Speaker 1: mayor Keisha Lance bottoms is calling for the officer who
- 3:06Speaker 1: shot Brooks to be fired. Um, Guys, your reaction to
- 3:11Speaker 1: the terrible news and how do you think it affects
- 3:14Speaker 1: the ongoing debate over how to fix the undeniably broken
- 3:18Speaker 1: institution of policing in America? Love it?
- 3:22Speaker 2: Yeah, I mean, look, what I took away from it, honestly,
- 3:25Speaker 2: is even amidst this incredible national focus on police brutality,
- 3:30Speaker 2: on excessive force, on racism in policing, that this situation
- 3:36Speaker 2: could take place, that the police could escalate in this way,
- 3:38Speaker 2: that this person could be shot twice in the back
- 3:40Speaker 2: while running, that a person whose crime was falling asleep
- 3:44Speaker 2: in a drive-through could end in death, I think is
- 3:49Speaker 2: a reminder that these protests were needed. It is a
- 3:52Speaker 2: reminder that this is a systemic, deeply ingrained problem. And,
- 3:58Speaker 2: you know, the focus on these events is the reason
- 4:04Speaker 2: why you saw action take place really quickly, where in
- 4:07Speaker 2: the past it took days, weeks, months. Sometimes it never
- 4:10Speaker 2: takes place for there to be accountability for officers to
- 4:12Speaker 2: be fired or officers to be charged. We saw in
- 4:14Speaker 2: this case that there's a real understanding that in this
- 4:16Speaker 2: moment it is unacceptable to not respond quickly, to not
- 4:22Speaker 2: immediately address the concerns of protesters. Now, I don't think
- 4:25Speaker 2: anybody believes that what's happened so far in Atlanta is
- 4:28Speaker 2: enough in response, including the resignation of the police chief.
- 4:33Speaker 2: But that it could happen amidst all these protests, I think,
- 4:36Speaker 2: is a you know, a really sad statement about the
- 4:39Speaker 2: state of policing.
- 4:41Speaker 1: Tommy?
- 4:42Speaker 3: Yeah, I mean, look, it's just, it's horrifying. I mean,
- 4:44Speaker 3: it is a, like Levitt said, his offense was falling asleep.
- 4:47Speaker 3: And you can watch on video as this escalates and escalates.
- 4:52Speaker 5: And, you know, I.
- 4:54Speaker 3: Do think this underscores why a lot of activists believe
- 4:56Speaker 3: that more training or internal police department changes just can't
- 5:00Speaker 3: possibly be enough, because we're so clearly at a moment
- 5:03Speaker 3: of maximum attention and concern about police brutality and police violence.
- 5:07Speaker 3: And you would imagine, or at least I would, that
- 5:09Speaker 3: mayors and police chiefs and others are advising police officers
- 5:13Speaker 3: to be even more cautious than normal given the moment.
- 5:17Speaker 3: And yet we watched this man clearly running away from
- 5:20Speaker 3: the police be murdered in cold blood. And it speaks
- 5:23Speaker 3: to the need for drastic systemic reform immediately.
- 5:28Speaker 1: There was no reason that that kind of force was
- 5:32Speaker 1: necessary to stop someone who was running away You had
- 5:36Speaker 1: his license plate right there. You identified who the person was.
- 5:40Speaker 1: I mean, the fact that within the Atlanta, at least
- 5:43Speaker 1: Atlanta Police Department, two officers, multiple officers were fired just
- 5:47Speaker 1: a few weeks ago for tasing a couple in their
- 5:49Speaker 1: car for no reason. So these officers knew that had
- 5:53Speaker 1: happened in their own police department. They had clearly seen
- 5:55Speaker 1: the protests, seen the incidences of police brutality all across
- 5:59Speaker 1: the country. And still the instinct was to protest. draw
- 6:04Speaker 1: a weapon, a deadly weapon, and shoot a suspect. That
- 6:08Speaker 1: tells you that there is something deeply wrong with the
- 6:11Speaker 1: institution of policing in this country that needs systemic reform.
- 6:17Speaker 1: Let's talk about the debate over reform that's happening in
- 6:20Speaker 1: Congress right now. Over the weekend, Republicans ruled out two
- 6:23Speaker 1: significant reforms that have been pushed by activists, Democrats, and
- 6:27Speaker 1: even a few Republicans, a national use of force standard
- 6:30Speaker 1: and an end to qualified immunity and which is something
- 6:32Speaker 1: that currently protects officers from lawsuits to hold them accountable
- 6:36Speaker 1: for using excessive force. Senator Tim Scott, who the Republicans
- 6:40Speaker 1: put in charge of police reform, called ending qualified immunity, quote,
- 6:44Speaker 1: a poison pill for this bill and said, quote, I
- 6:47Speaker 1: think it's really difficult to establish a codified in law
- 6:50Speaker 1: standard for use of force. So without these reforms, without
- 6:56Speaker 1: doing something about qualified immunity, national use of force standard,
- 6:59Speaker 1: Democrats are left with, hopefully, a ban on chokeholds, a
- 7:03Speaker 1: federal law against lynching, better training, and more transparent reporting
- 7:07Speaker 1: of police misconduct. So what should Democrats do? I mean,
- 7:11Speaker 1: do they have any leverage here, Tommy?
- 7:13Speaker 3: Yeah, I do think they have leverage. I mean, look,
- 7:18Speaker 3: some experts I've read suggest that you want to do
- 7:20Speaker 3: three big things at the federal level. One is get
- 7:23Speaker 3: rid of qualified immunity. One is get better data on
- 7:26Speaker 3: the use of force by these police departments. And then three,
- 7:30Speaker 3: set some policy standards and better resource departments and cut
- 7:33Speaker 3: off funding if those standards aren't met. And I don't
- 7:36Speaker 3: think this bill meets the moment. And the leverage, I believe,
- 7:41Speaker 3: are that 82% of Americans want to ban police from
- 7:44Speaker 3: using chokeholds. This is a recent Reuters poll. 92% want
- 7:48Speaker 3: body cameras. 91% want to allow independent investigations of police
- 7:52Speaker 3: departments that show patterns of misconduct. 75% want to allow
- 7:57Speaker 3: people to sue for misconduct. So The American people are
- 8:00Speaker 3: on the side of reform. This bill falls very far short.
- 8:04Speaker 3: I mean, I struggle with this. Normally, I'm someone who
- 8:07Speaker 3: thinks that progress is incremental and sometimes you need to
- 8:10Speaker 3: pocket things. But I think I personally would rather wait
- 8:14Speaker 3: until after the election where we might have the Senate.
- 8:17Speaker 3: We hopefully will have a new president, pray to God.
- 8:20Speaker 3: And so, I don't know, this just feels like it's
- 8:23Speaker 3: not even close to enough.
- 8:25Speaker 1: Well, but what do you think? I mean, are these...
- 8:27Speaker 1: Are these reforms worth a big White House signing ceremony
- 8:31Speaker 1: where Republicans and Donald Trump can say they did something
- 8:34Speaker 1: on police reform?
- 8:37Speaker 2: It's a good question. I also think one of the
- 8:40Speaker 2: things I want to understand better is how much of
- 8:42Speaker 2: what we're seeing is where we're heading in terms of
- 8:45Speaker 2: a final bill and how much of this is the
- 8:47Speaker 2: kind of negotiation and back and forth, right? You had
- 8:49Speaker 2: Cory Booker. saying that qualified immunity is on the table.
- 8:52Speaker 2: Then you have Senator Tim Scott saying that it's off
- 8:55Speaker 2: the table. You have Tim Scott making an argument that
- 8:57Speaker 2: isn't against qualified immunity. It's that he wants to make
- 9:00Speaker 2: sure something won't get vetoed, that something is possible. So
- 9:04Speaker 2: at the same time, you've even seen Republicans in the
- 9:08Speaker 2: House come out in favor of a number of the
- 9:10Speaker 2: pieces of the Democratic bill while trying to decry the
- 9:13Speaker 2: Democrats for writing a bill without them, which is pretty rich.
- 9:15Speaker 2: So I actually don't know. I think it really depends
- 9:18Speaker 2: on what actually comes out of Congress. And I don't
- 9:22Speaker 2: totally understand yet if the fight over qualified immunity is
- 9:25Speaker 2: truly over or if it is still being negotiated in
- 9:29Speaker 2: some way.
- 9:30Speaker 5: Yeah.
- 9:31Speaker 1: I mean, I think that no matter what happens, Democrats
- 9:34Speaker 1: in Congress need to make clear that they are on
- 9:36Speaker 1: the side of systemic reform, that they're not just about
- 9:41Speaker 1: getting something done to get something done. I think the
- 9:43Speaker 1: most important number That Tommy just mentioned in terms of
- 9:47Speaker 1: that Reuters poll was the 75 percent of people who
- 9:49Speaker 1: support allowing victims of police misconduct to sue police departments
- 9:53Speaker 1: for damages that would require changing qualified immunity. That's what's
- 9:57Speaker 1: that about. So this reform that Republicans seem to be,
- 10:02Speaker 1: you know, balking at is something that's supported by 75%
- 10:07Speaker 1: of the American people, including six of 10 Republicans. So no, look,
- 10:12Speaker 1: I'm the same way, Tommy. I usually think about like,
- 10:14Speaker 1: we just, you know, getting something done is important. We
- 10:16Speaker 1: want progress. But it's very clear that Republicans have been
- 10:21Speaker 1: scared by the protests politically, and they are dying to
- 10:24Speaker 1: get something done before an election year to say that
- 10:26Speaker 1: they did something. And I don't know if I'd give
- 10:29Speaker 1: them that because the momentum to do something on this,
- 10:33Speaker 1: you know, it's hard for me to see that we
- 10:34Speaker 1: do something now on this. And then after the election,
- 10:36Speaker 1: we come back to this and pass extra reforms. I
- 10:38Speaker 1: hope so. I trust that Joe Biden will do that.
- 10:40Speaker 1: I hope that Joe Biden will do that. People should
- 10:42Speaker 1: put pressure on him to do that. But It does
- 10:44Speaker 1: seem like if they're going to just do Band-Aid solutions,
- 10:47Speaker 1: I mean, some of these use of force policies, they've
- 10:49Speaker 1: been adopted in cities all across the country. There's no
- 10:52Speaker 1: reason to not have a national use of force standard.
- 10:56Speaker 1: It's like the least that Congress can do from a
- 10:58Speaker 1: federal level. And in qualified immunity is the least that
- 11:01Speaker 1: Congress can do on a federal level. A whole bunch
- 11:03Speaker 1: of like extra reporting and training stuff is just not
- 11:07Speaker 1: going to do it this time around, you know?
- 11:09Speaker 5: Yeah.
- 11:09Speaker 3: I mean, the other one big number from that poll
- 11:11Speaker 3: I should have mentioned was that 76% of the people.
- 11:15Speaker 3: Responded, said they support moving some money that's currently going
- 11:18Speaker 3: to police budgets into better officer training or local programs
- 11:21Speaker 3: for homelessness, mental health assistance and domestic violence. And those
- 11:25Speaker 3: are really some of the big pieces that people are
- 11:28Speaker 3: talking about when they talk about defund the police. It's
- 11:31Speaker 3: sort of completely reimagining how we keep people safe in
- 11:34Speaker 3: this country. including different kind of responders for mental health crises,
- 11:39Speaker 3: better investments in schools and other domestic priorities versus policing
- 11:42Speaker 3: communities or over-policing communities. So I do think we need
- 11:45Speaker 3: to think about this in a big, holistic way. And
- 11:47Speaker 3: I do worry about checking the box, saying we did something,
- 11:50Speaker 3: and then five years from now, the same stuff is happening.
- 11:53Speaker 2: You know, to Tommy's point also, you know, the polling
- 11:56Speaker 2: is shifting so rapidly.
- 11:58Speaker 4: Yeah.
- 11:58Speaker 2: And I think that it is, if this is considered
- 12:02Speaker 2: to be a moment where There's a consensus for action.
- 12:05Speaker 2: There's a ton of attention. That consensus may fade or change.
- 12:10Speaker 2: That would be the argument for doing whatever you can
- 12:12Speaker 2: right now. But we're in the midst of an incredible
- 12:15Speaker 2: flux in opinion. In that same poll, these incredibly popular
- 12:19Speaker 2: positions are really, it's surprising to see how much of
- 12:25Speaker 2: a consensus there is around some of these reforms. But
- 12:29Speaker 2: even the more aggressively framed defund position, which is, to
- 12:33Speaker 2: completely dismantle police departments and give more financial support to
- 12:36Speaker 2: address homelessness, mental health, and domestic violence, even that being
- 12:40Speaker 2: at 39%, almost 40% of the country, getting behind that
- 12:43Speaker 2: aggressive a position tells you that something really historic is happening,
- 12:47Speaker 2: something really big is happening. And it argues for not
- 12:49Speaker 2: just getting this done quickly, but making sure that as
- 12:52Speaker 2: this momentum builds, you end up with a really significant
- 12:54Speaker 2: piece of legislation.
- 12:56Speaker 1: I will say something else on this that's different. You know,
- 12:59Speaker 1: when we were debating immigration reform and some activists were
- 13:02Speaker 1: talking about abolishing ICE, those reforms, reforms to immigration, largely
- 13:07Speaker 1: happen on a federal level. You can have sanctuary city laws,
- 13:10Speaker 1: of course, in localities, but mainly big changes have to
- 13:14Speaker 1: happen on a federal level. They have to have Congress
- 13:15Speaker 1: and they have to have a president. With police reform,
- 13:19Speaker 1: especially for some of these calls to reimagine public safety,
- 13:23Speaker 1: change the funding in police departments, that can happen at
- 13:26Speaker 1: a local level. So absent action in Congress right now,
- 13:31Speaker 1: because we're waiting for more systemic reform and we need
- 13:34Speaker 1: an election where we have more Democrats in power, activists
- 13:37Speaker 1: can make a big difference on a local level. Over
- 13:41Speaker 1: the weekend in San Francisco, Mayor London Breed announced that
- 13:45Speaker 1: San Francisco will try replacing police officers with trained unarmed
- 13:48Speaker 1: professionals to respond to calls about non-criminal matters involving mental health,
- 13:53Speaker 1: the homeless, school discipline, and neighbor disputes. Of course, we
- 13:56Speaker 1: talked about Minneapolis City Council voting to eventually disband that
- 14:01Speaker 1: police department as well. So this is an issue where
- 14:04Speaker 1: you can see a lot of change on the local
- 14:07Speaker 1: level absent what's happening in Washington, D.C., which is hopeful. Yeah, agreed.
- 14:13Speaker 4: Okay.
- 14:15Speaker 1: Let's talk about Trump, who's handling all of this with
- 14:18Speaker 1: his usual deft touch. On Thursday, we talked about how
- 14:22Speaker 1: he planned to hold a huge MAGA rally in Tulsa,
- 14:24Speaker 1: the site of one of the worst race massacres in history,
- 14:26Speaker 1: and decided to do it on Juneteenth, the holiday that
- 14:29Speaker 1: commemorates the end of slavery in America. As an encore,
- 14:32Speaker 1: Trump sat down on Friday with Harris Faulkner of Fox News,
- 14:35Speaker 1: who I'm pretty sure is the only black woman he's
- 14:37Speaker 1: done a full interview with as president, and he said
- 14:41Speaker 1: the following.
- 14:41Speaker 5: I think I've.
- 14:42Speaker 6: Done more for the black community than any other president.
- 14:45Speaker 6: And let's take a pass on Abraham Lincoln, because he
- 14:49Speaker 6: did good, although it's always questionable.
- 14:52Speaker 5: You know, in other words, the end result.
- 14:53Speaker 1: Well, we are free, Mr. President.
- 14:55Speaker 5: But we are free.
- 14:55Speaker 3: He did pretty well.
- 14:56Speaker 5: You understand what I mean. So I'm going to take
- 14:58Speaker 5: a pass on Abe.
- 14:59Speaker 1: And on police reforms, he said this.
- 15:01Speaker 6: And I think the concept of chokehold sounds so innocent,
- 15:05Speaker 6: so perfect. And then you realize if it's a one-on-one, now,
- 15:08Speaker 6: if it's two-on-one, that's a little bit of a different story, depending.
- 15:11Speaker 5: Depending on the toughness and strength. You know, we're talking
- 15:14Speaker 5: about toughness and strength. We are talking, there's a physical
- 15:16Speaker 5: thing here also.
- 15:18Speaker 1: So after the very predictable uproar that ensued to all
- 15:23Speaker 1: of these statements and announcements, Trump tweeted on Friday night that, quote,
- 15:27Speaker 1: after hearing from many of my African-American friends and supporters,
- 15:30Speaker 1: he'd be moving the date of the rally to the
- 15:32Speaker 1: day after Juneteenth out of, quote, respect for this holiday.
- 15:36Speaker 1: Not sure that fixes all of the other racist buffoonery
- 15:39Speaker 1: over the past several days. But, um, Tommy, why do
- 15:41Speaker 1: you think he did it? Why do you think he
- 15:43Speaker 1: moved the rally?
- 15:44Speaker 3: Um, so Senator Tim Scott, who is the, uh, we
- 15:46Speaker 3: were talking about earlier is the only African-American Republican in
- 15:48Speaker 3: the Senate said that president Trump was unfamiliar with the
- 15:52Speaker 3: significance of that date of Juneteenth, June 19th. Um, It
- 15:56Speaker 3: is inexcusable if that is true, but frankly, it wouldn't
- 15:59Speaker 3: surprise me if Trump personally was unaware of the significance,
- 16:02Speaker 3: but his staff must have been, right? And like members
- 16:05Speaker 3: of his staff also undoubtedly know that Tulsa was the
- 16:07Speaker 3: site of horrific white on black violence and terrorism in
- 16:13Speaker 3: 1921 that led to at least 300 people being murdered, African-Americans,
- 16:18Speaker 3: the destruction of thousands of black owned businesses and homes
- 16:21Speaker 3: and the forced internment of these families. And so I
- 16:24Speaker 3: think that his staff scheduled this event on purpose, right?
- 16:27Speaker 3: He does not need votes in Oklahoma. That's not what
- 16:30Speaker 3: this is about. This is giving the finger to people
- 16:33Speaker 3: who care about social justice and decency. And that is
- 16:36Speaker 3: what the modern Republican Party is about. It's about trolling
- 16:40Speaker 3: and intentionally hurting people they dismiss as social justice warriors.
- 16:45Speaker 3: And so I'm glad he moved the event. He tried
- 16:50Speaker 3: initially to say it was a celebration of Juneteenth, which
- 16:52Speaker 3: is as stupid a thing as you can say. But
- 16:56Speaker 3: I think there's a direct line between this event and
- 16:58Speaker 3: the date of it, and then announcing a bunch of
- 17:01Speaker 3: policies we'll talk about later that attack LGBT people at
- 17:04Speaker 3: the beginning of Pride Month. I think that's all on purpose.
- 17:08Speaker 1: So apparently this morning, Jonathan Lemire of the Associated Press
- 17:11Speaker 1: said that the staff did know that it was on Juneteenth,
- 17:14Speaker 1: and they did know the significance of the holiday, but
- 17:16Speaker 1: they weren't prepared for the blowback. is what he said,
- 17:20Speaker 1: which is ridiculous. Lovett, what do you think about him
- 17:22Speaker 1: making the decision to move it? Because like Tommy just said,
- 17:25Speaker 1: you know, he did say, well, it's a celebration of Juneteenth.
- 17:28Speaker 1: And then he walked it back, which is rare to
- 17:30Speaker 1: have a Trump walk back.
- 17:31Speaker 2: Yeah, it's always strange when normal politics works on Trump,
- 17:35Speaker 2: you know, that his staff thought they could get away
- 17:39Speaker 2: with the dog whistle of going to Tulsa on this
- 17:42Speaker 2: day when, as Tommy points out, everyone would be like,
- 17:45Speaker 2: why are you going to Oklahoma? It is not a
- 17:46Speaker 2: swing state. They thought they could maybe, you know, send
- 17:51Speaker 2: that signal without it leading to an uproar. But that,
- 17:53Speaker 2: of course, is not what happened. There is a long
- 17:55Speaker 2: tradition of this in Republican politics, with Reagan giving a
- 17:58Speaker 2: speech outside Philadelphia, Mississippi, around states' rights to send a
- 18:04Speaker 2: signal to his racist Southern supporters. So now as to
- 18:10Speaker 2: why he moved it, maybe like so many others, the
- 18:14Speaker 2: Trump administration and team has been caught off guard by
- 18:18Speaker 2: the scale of these protests and the tenor of this moment,
- 18:22Speaker 2: surprised by how much attention has come down on him
- 18:25Speaker 2: over going to Tulsa, but also even though we'll talk
- 18:30Speaker 2: about it, but the difficult position he's now put in
- 18:33Speaker 2: between wanting to go back to his comfort zone of
- 18:37Speaker 2: lashing out at protesters, lashing out at the Black Lives
- 18:40Speaker 2: Matter movement, and where the country is right now, which
- 18:43Speaker 2: is a broad-based consensus around reform.
- 18:46Speaker 1: Yeah, I mean, you know, as Tommy just noted, they're
- 18:51Speaker 1: sort of having this internal debate on a whole number
- 18:54Speaker 1: of issues within the Trump campaign. Should you be like
- 18:57Speaker 1: true MAGA or should you try to expand your coalition?
- 19:00Speaker 1: Because that's usually how you win an election. On the
- 19:03Speaker 1: anniversary of the Pulse nightclub shooting, Trump's Department of Health
- 19:06Speaker 1: and Human Services finalized a rule to remove protections that
- 19:09Speaker 1: would have stopped health care providers from discriminating against transgender Americans. And,
- 19:15Speaker 1: you know, then you've got Ivanka tweeting about pride and everything.
- 19:18Speaker 1: So this is this is clearly a divide that is
- 19:21Speaker 1: within the administration. There's NBC story from Friday about this
- 19:26Speaker 1: internal debate. Basically, there's a debate over just how much
- 19:28Speaker 1: racism will help the president win reelection. NBC has three
- 19:32Speaker 1: sources that heard Trump dismiss the people in the streets
- 19:35Speaker 1: protesting racism and police violence by saying, quote, these aren't
- 19:38Speaker 1: my voters. And while one of his advisers said, quote,
- 19:42Speaker 1: he should be leading on police reform because he doesn't
- 19:44Speaker 1: have any room to write off sets of potential voters,
- 19:47Speaker 1: another said, we're losing the culture war. because we're so
- 19:51Speaker 1: scared to be called racist and that Trump should be
- 19:53Speaker 1: taking on the Black Lives Matter movement by calling it, quote,
- 19:57Speaker 1: a front organization for a lot of crazy leftist ideas
- 20:01Speaker 1: that are unpopular. What do you think? Is Trump losing
- 20:04Speaker 1: because he hasn't been racist enough, Tommy? I mean.
- 20:09Speaker 3: I guess let me just step back. No one should
- 20:10Speaker 3: be surprised by a Republican presidential candidate using racism as
- 20:15Speaker 3: a strategy, right? Barry Goldwater, Richard Nixon, they created and
- 20:19Speaker 3: adopted the Southern strategy where they courted Southern white voters
- 20:22Speaker 3: who had been Democrats by stoking racial fears. Nixon went
- 20:26Speaker 3: on to use euphemisms like silent majority or law and
- 20:29Speaker 3: order to code his racial appeals. But even his entire
- 20:33Speaker 3: war on drugs was an effort to go after the
- 20:36Speaker 3: anti-war movement and and the black community. I mean, his
- 20:39Speaker 3: former top domestic policy staffer, John Ehrlichman, said that on
- 20:43Speaker 3: the record, that they criminalized drugs to target and vilify
- 20:46Speaker 3: black leaders. Ronald Reagan supported housing discrimination when he ran
- 20:51Speaker 3: for governor in 1966. One of his first events in
- 20:54Speaker 3: 1980 was a speech about states' rights in Mississippi, which
- 20:57Speaker 3: everyone interpreted as an attack on civil rights legislation. So
- 21:01Speaker 3: we could go on and on here. This is in
- 21:04Speaker 3: many ways a continuation of strategies we've seen from Republicans
- 21:07Speaker 3: for a very long time. While he did walk back
- 21:10Speaker 3: this event, he also, Trump quickly came out in favor
- 21:14Speaker 3: of keeping Confederate monuments and keeping military bases named after
- 21:19Speaker 3: Confederate generals, even after basically the entire military said they
- 21:23Speaker 3: should be talking about getting rid of them. So look,
- 21:26Speaker 3: his base, when they talk about his base, that is
- 21:28Speaker 3: code for almost exclusively white people in this country. And
- 21:32Speaker 3: so of course, that is who he thinks about in
- 21:35Speaker 3: every move he makes as president. Because everything he does
- 21:37Speaker 3: as president is about getting reelected.
- 21:40Speaker 1: Love it. On the politics of this, it seems at
- 21:43Speaker 1: least so far that this strategy of only playing to
- 21:48Speaker 1: the base is not working in any way. And, you know,
- 21:52Speaker 1: who knows what the future may hold. But it's been
- 21:55Speaker 1: a couple weeks now. We're past sort of like the
- 21:57Speaker 1: snap polls that were occurring in the immediate aftermath of
- 22:01Speaker 1: the protests. And he is still sort of losing by
- 22:04Speaker 1: a larger margin now. and has a worse approval rating
- 22:07Speaker 1: than he has in a couple years.
- 22:10Speaker 2: You know, when he says, those aren't my voters, he's right.
- 22:14Speaker 2: That's true. The people out on the streets are not
- 22:16Speaker 2: his voters. They will not vote for him. They will
- 22:18Speaker 2: not support him. That's absolutely right. I think the struggle here,
- 22:22Speaker 2: and you see him kind of, whenever there is kind
- 22:25Speaker 2: of dissensus inside of the Trump, I don't know, what
- 22:31Speaker 2: would you call it? Evil, evil clockworks. Whenever inside of
- 22:35Speaker 2: this machine, there's things, the gears aren't- Clusterfuck. Clusterfuck, whatever
- 22:38Speaker 2: you want to call it. They just do everything, right?
- 22:40Speaker 2: So he's cautiously trying to figure out what he can
- 22:44Speaker 2: support in terms of reform from Congress. He's still tweeting that, oh,
- 22:48Speaker 2: you know, this protest movement wants to abolish the police.
- 22:50Speaker 2: How crazy, right? They're trying both things at once. But
- 22:53Speaker 2: what I think is interesting to me is the original
- 22:58Speaker 2: way Trump becomes president, which is about inflaming and exciting-
- 23:02Speaker 2: his core base around some of these racial issues or
- 23:05Speaker 2: on some of these cultural issues while appealing to enough
- 23:08Speaker 2: people who are not animated by that, maybe even turned
- 23:10Speaker 2: off by that, but yet still are willing to kind
- 23:13Speaker 2: of reluctantly pull the lever for him based on a
- 23:16Speaker 2: bunch of other things, based on overlooking racism, what have you.
- 23:19Speaker 2: that that coalition may be changing, right? That actually that
- 23:22Speaker 2: appeal may still work for the base, but it's alienating
- 23:24Speaker 2: enough people who have now had enough time with Donald
- 23:26Speaker 2: Trump to see what it's actually like, and they don't
- 23:28Speaker 2: care for it. That that basic way of campaigning doesn't work,
- 23:33Speaker 2: and he doesn't have a lot of other arrows in
- 23:35Speaker 2: his quiver. He doesn't have a lot of other tools
- 23:37Speaker 2: because he can't do empathy. He can't do unity. He
- 23:41Speaker 2: can't do any of the things a normal president might do.
- 23:45Speaker 2: I mean, you know, there was this talk about him
- 23:47Speaker 2: giving a race speech. Does anyone actually think that that
- 23:49Speaker 2: race speech would have been aimed at anyone other than
- 23:52Speaker 2: white people, especially his white base?
- 23:53Speaker 5: I don't.
- 23:53Speaker 3: Of course not.
- 23:54Speaker 4: Right.
- 23:54Speaker 2: So so he's sort of limited and they're dealing with
- 23:57Speaker 2: this limited person.
- 23:58Speaker 3: And I don't think they're totally sure what to do.
- 24:01Speaker 1: Yeah, I mean, it's it seems to me that it's
- 24:03Speaker 1: a pretty fundamental misreading of the broader electorate. You're right, Lovett,
- 24:08Speaker 1: that he looks at the protesters in the streets and says,
- 24:10Speaker 1: these aren't my voters. And yes, those aren't his voters.
- 24:12Speaker 1: And then you're talking about his base. There's a lot
- 24:14Speaker 1: of other voters in the country besides his base and
- 24:16Speaker 1: people who are on the streets, particularly people who have
- 24:21Speaker 1: sort of made a big difference in the elections since
- 24:25Speaker 1: Trump has become president, which are people who live in
- 24:28Speaker 1: the suburbs. And I think the suburbs have changed. Their
- 24:31Speaker 1: political views have changed over the last several decades, even
- 24:34Speaker 1: more so in the last couple of years. And when
- 24:36Speaker 1: you look at some of these polls, when you look
- 24:37Speaker 1: at some of the support for police reform, support for
- 24:40Speaker 1: the Black Lives Matter movement, Support for the protesters in
- 24:43Speaker 1: the streets. We're talking 60, 70, 80 percent.
- 24:47Speaker 4: Right.
- 24:47Speaker 1: We're not talking 51, 52. You look at how Joe
- 24:50Speaker 1: Biden is doing among suburbanites in places like Wisconsin, winning
- 24:54Speaker 1: suburban women by like, you know, 20, 30 points. Now,
- 24:58Speaker 1: this might change, but like Yasha Monk from The Atlantic
- 25:01Speaker 1: was tweeting last week that he sat in a focus
- 25:04Speaker 1: group of 2016 Trump voters who were undecided. And he
- 25:08Speaker 1: said that more than the pandemic, more than the economic crisis,
- 25:11Speaker 1: what they most didn't like about Trump was his divisiveness
- 25:15Speaker 1: over the last couple of weeks, how he has inflamed
- 25:18Speaker 1: the divisions in this country, how he has poured gasoline
- 25:21Speaker 1: on the fire of what's happening in this country. And
- 25:26Speaker 1: I think what the Trump people don't quite get is
- 25:29Speaker 1: if they want to get a majority, not a majority
- 25:31Speaker 1: of the popular vote, but even a majority in the
- 25:34Speaker 1: states that add up to 270, They're going to need
- 25:36Speaker 1: to get a lot of suburban voters who do not
- 25:41Speaker 1: like this style that Trump has. And it reminds me
- 25:44Speaker 1: of what happened sort of at the end of the
- 25:46Speaker 1: 2018 midterms when we were all very worried about his
- 25:50Speaker 1: fears about MS-13 and the caravan and immigration. And in
- 25:53Speaker 1: a lot of very key states and key districts, it
- 25:56Speaker 1: turned people off of Trump.
- 25:58Speaker 3: I mean, look, this is what happens when your campaign
- 26:00Speaker 3: team brings you a bunch of polls showing you getting
- 26:04Speaker 3: creamed and you throw them out of the office and
- 26:06Speaker 3: commission a new poll that is more to your liking, right?
- 26:09Speaker 3: I mean, he's not living in political reality. And look,
- 26:13Speaker 3: I feel very burned like everybody else did by the
- 26:17Speaker 3: 2016 predictions made by myself included in this. But there
- 26:22Speaker 3: is a large volume of data that shows that Trump
- 26:24Speaker 3: is really struggling in this moment because of the divisiveness
- 26:28Speaker 3: that we've always known Even Trump supporters don't like they
- 26:31Speaker 3: don't like the tweets. They don't like the misogyny. They
- 26:33Speaker 3: don't like the overt racism. It bothers them. It makes
- 26:36Speaker 3: them embarrassed to support him. And that has been supercharged
- 26:39Speaker 3: this last month, basically.
- 26:41Speaker 5: Yeah.
- 26:41Speaker 1: And that, of course, is the difference. Like the Trump fans,
- 26:43Speaker 1: the people that are going to show up at the
- 26:44Speaker 1: Tulsa rally, they love all that shit. Um, but a
- 26:47Speaker 1: lot of people who may have cast a ballot for Trump, uh,
- 26:50Speaker 1: or didn't cast a ballot at all and are thinking
- 26:52Speaker 1: about voting this time, it's, it's much different. And again,
- 26:55Speaker 1: this is where we are right now, you know, five
- 26:57Speaker 1: months ago, who the hell knows?
- 26:58Speaker 3: Right.
- 26:59Speaker 2: I think it's just worth pointing out, like this may
- 27:01Speaker 2: well be the, the, the, the conditions of this race
- 27:04Speaker 2: till election day. This also may be a nadir for
- 27:06Speaker 2: Trump and the conversation moves on and we have a
- 27:10Speaker 2: short memory. I mean, there were incredible low moments for
- 27:12Speaker 2: Trump in 2016, which all of this was part of
- 27:14Speaker 2: the conversation, but Our ability to forget how awful Trump is,
- 27:19Speaker 2: it's pretty strong. And so we just have to remember that,
- 27:22Speaker 2: I think, that this could be a nadir and it
- 27:25Speaker 2: could get better for him.
- 27:27Speaker 1: So Trump was somehow able to avoid overt racism during
- 27:31Speaker 1: his West Point commencement address over the weekend, but he
- 27:33Speaker 1: did have a few other issues. At one point, he
- 27:36Speaker 1: had trouble lifting his right arm to take a sip
- 27:38Speaker 1: of water and had to use his left hand... to
- 27:41Speaker 1: push the glass all the way up to his mouth.
- 27:44Speaker 1: And then after the speech was over, Trump looked like
- 27:47Speaker 1: he was struggling to walk down the ramp after the speech.
- 27:52Speaker 1: So videos of these moments went viral. And I wasn't
- 27:56Speaker 1: even going to maybe talk about them until Trump decided
- 27:59Speaker 1: to tweet about this on Saturday night. He tweeted, quote,
- 28:03Speaker 1: the ramp that I descended after my West Point commencement
- 28:06Speaker 1: was very long and steep, had no handrail, And most importantly,
- 28:10Speaker 1: most importantly, was very slippery. The last thing I was
- 28:13Speaker 1: going to do is fall, in quotations, for the fake
- 28:16Speaker 1: news to have fun with. Final 10 feet, I ran
- 28:19Speaker 1: down to level ground. Momentum. Momentum. Momentum is my favorite part.
- 28:25Speaker 1: So the ramp wasn't steep, slippery, or something that he
- 28:29Speaker 1: ran down in any way. But what do you guys
- 28:32Speaker 1: make of this? I did enjoy the New York Times headline,
- 28:34Speaker 1: Trump's halting walk-down ramp raises new health questions.
- 28:39Speaker 2: It was such a surprising thing to see a story
- 28:43Speaker 2: like that about a Republican in the Times. Raising questions
- 28:48Speaker 2: is what we do about Democrats. But Tommy, I don't
- 28:51Speaker 2: have anything insightful to say.
- 28:53Speaker 3: No, look, I mean, I don't know what to make
- 28:56Speaker 3: of those videos. I am deeply uncomfortable with the idea
- 29:01Speaker 3: of diagnosing people from afar. I think that a lot
- 29:04Speaker 3: of people, including many on the left, disgraced themselves when
- 29:08Speaker 3: they asserted that Joe Biden had some sort of cognitive
- 29:11Speaker 3: issue based on heavily edited videos in an attempt to
- 29:15Speaker 3: influence the primary when it was still going. That said,
- 29:18Speaker 3: the health and wellness of candidates is a very legitimate discussion.
- 29:21Speaker 3: And Trump has refused to meet the basic standards that
- 29:23Speaker 3: we've required of past presidents when it comes to transparency
- 29:26Speaker 3: around his health. So first it was, everyone remembers our buddy, Dr.
- 29:29Speaker 3: Harold Bornstein, right? Who later admitted that the letter he
- 29:32Speaker 3: released about Trump's fitness was dictated to him by the
- 29:35Speaker 3: now president, Then there was this mysterious unannounced visit Trump
- 29:39Speaker 3: took to Walter Reed last year, which has never been explained.
- 29:42Speaker 3: It's also relevant in terms of the coronavirus and the
- 29:45Speaker 3: continued peddling of hydroxychloroquine. even when Trump says he took
- 29:50Speaker 3: it himself. But today the FDA said the drug is
- 29:52Speaker 3: no longer authorized for use in treating COVID. And he's
- 29:56Speaker 3: out there saying like there's something wrong with Joe Biden, right?
- 29:58Speaker 3: So this White House will lie about literally anything. They
- 30:01Speaker 3: drew on weather maps. I don't know how to interpret it.
- 30:04Speaker 3: But what we do know politically is that this shit
- 30:06Speaker 3: gets in his head real fast. Like the Lincoln Project
- 30:11Speaker 3: and some other anti-Trump groups are going hard at his insecurities.
- 30:14Speaker 3: They're calling him weak. They're calling him frail. They're calling
- 30:17Speaker 3: him unhealthy. And it is leading him to lash out
- 30:19Speaker 3: and respond in ways that are unhelpful to his own campaign.
- 30:23Speaker 3: You know, there was a report that Trump's campaign spent $ 400, 000
- 30:25Speaker 3: on TV ads in D.C. because they felt like they
- 30:30Speaker 3: needed to show the boss that they were responding to
- 30:33Speaker 3: the Lincoln Project. So that is, you might as well
- 30:35Speaker 3: light that money on fire. There's no voters in D.C.
- 30:37Speaker 3: if that wasn't clear to folks listening. So it's in
- 30:39Speaker 3: his head in a big way. I don't know what
- 30:41Speaker 3: to make of it.
- 30:42Speaker 1: It was weird. Yeah, I mean, like, Call me bewildered
- 30:46Speaker 1: about what it all means and what was going on there.
- 30:49Speaker 1: You're bewildered. I'm bewildered. The point is, on Saturday night,
- 30:56Speaker 1: as this country is in the midst of a pandemic
- 30:59Speaker 1: that is still raging through the country, an economic recession
- 31:02Speaker 1: the likes of which we haven't seen since the Depression,
- 31:04Speaker 1: and a moment of racial and social upheaval that we
- 31:07Speaker 1: haven't seen in decades, the president's tweeting about his fucking
- 31:11Speaker 1: trip down a ramp. and complaining about it. That's the president.
- 31:16Speaker 1: And we know that what really bothers people about him
- 31:19Speaker 1: is that he is ineffective, that he cannot seem to
- 31:21Speaker 1: solve any of the problems we're facing because he's more
- 31:24Speaker 1: focused on himself than he is focused on the American people.
- 31:27Speaker 1: And this fits right into that frame perfectly because he
- 31:32Speaker 1: just gets so upset about this bullshit. And as you mentioned, Tommy,
- 31:37Speaker 1: they have previewed, they have said to reporters, Trump has
- 31:40Speaker 1: said it, Kellyanne Conway has said it, that their whole
- 31:42Speaker 1: a big part of their strategy in defining Joe Biden
- 31:45Speaker 1: is that he is, uh, there's something wrong with them
- 31:48Speaker 1: that he's too old that he's, you know, and if
- 31:49Speaker 1: they're going to do that, if they're going to make
- 31:51Speaker 1: inferences about Joe Biden's health and wellbeing, then of course
- 31:56Speaker 1: this is fair game. And of course, Democrats are justified
- 31:59Speaker 1: in running those videos as much as they want. If
- 32:01Speaker 1: he's going to do this about Biden. Yeah, absolutely.
- 32:04Speaker 2: It's a, um, really strange way to drink a glass from,
- 32:08Speaker 2: from a glass. Like it's just a, it's just like.
- 32:11Speaker 1: I don't, I'm just trying to, it was like, and
- 32:13Speaker 1: he was very ginger. Yeah.
- 32:15Speaker 2: He's done it before too.
- 32:16Speaker 3: The glass was weirder than the ramp to me. It
- 32:19Speaker 3: looked like a shoulder problem to me. Like I have
- 32:21Speaker 3: screwed up shoulders and sometimes they kind of like get
- 32:24Speaker 3: off up here, but I don't know.
- 32:25Speaker 6: Again.
- 32:26Speaker 2: But he's grabbed the glass with both hands. I mean, look,
- 32:27Speaker 2: there's also a question, you know, Ashley Feinberg wrote that
- 32:30Speaker 2: piece about the fact that her theory is that he
- 32:31Speaker 2: just can't fucking see that he's just, he's too vain
- 32:34Speaker 2: to wear glasses and doesn't want to be seen in glasses.
- 32:37Speaker 2: I like, I also just think like I see people
- 32:41Speaker 2: making fun of them. I'm glad people are making fun
- 32:43Speaker 2: of Trump whenever it happens. Generally, there are ads that
- 32:46Speaker 2: are getting under his skin.
- 32:47Speaker 5: Great.
- 32:47Speaker 2: But like as Trump is a mortal threat, you know,
- 32:52Speaker 2: he is a dangerous demagogue. He is a racist.
- 32:56Speaker 1: He is.
- 32:58Speaker 2: Horrible on all these axes that are so much more
- 33:00Speaker 2: important and so much more salient to me than this.
- 33:02Speaker 5: That's all.
- 33:03Speaker 4: Yeah.
- 33:04Speaker 1: Yeah.
- 33:04Speaker 5: But.
- 33:05Speaker 1: Throw everything at him you got. So one last note
- 33:08Speaker 1: about the West Point speech. You may remember that Trump
- 33:11Speaker 1: basically forced the graduates to come back to campus for
- 33:13Speaker 1: the speech after they had been sent home months earlier
- 33:17Speaker 1: because of COVID, which meant that to be at the speech,
- 33:19Speaker 1: they had to be in quarantine for two weeks just
- 33:22Speaker 1: so Trump could get his photo op for the speech.
- 33:25Speaker 1: He's also decided to hold this Saturday's possibly 20,000 person
- 33:27Speaker 1: Tulsa rally indoors in With no social distancing requirements, no
- 33:33Speaker 1: mask requirements, though attendees will now receive apparently a mask,
- 33:37Speaker 1: some hand sanitizer, and they will be required to sign
- 33:41Speaker 1: a liability waiver where you agree to not sue the
- 33:44Speaker 1: Trump campaign if you get COVID. So Trump seems to
- 33:48Speaker 1: have forgotten about the virus, but the virus has not
- 33:50Speaker 1: forgotten about us. Cases are now climbing in 22 states.
- 33:54Speaker 1: And even though some of that is due to more testing,
- 33:56Speaker 1: A few states are now seeing a record number of hospitalizations,
- 33:59Speaker 1: including Texas, Arizona, Arkansas, North and South Carolina. How much
- 34:04Speaker 1: of this is Trump's fault, Tommy? And how much is
- 34:07Speaker 1: people and local officials, you know, who just refuse to
- 34:09Speaker 1: deal with lockdowns anymore?
- 34:11Speaker 3: You know, look, the answer is probably unknowable. I mean,
- 34:15Speaker 3: certainly they botched the response from the very beginning and
- 34:19Speaker 3: everything that has come after is associated with that botched
- 34:22Speaker 3: early response, the lack of testing and the lack of
- 34:27Speaker 3: modeling good behavior. So all of that started on day one.
- 34:30Speaker 3: I do think that Trump has expedited the push to
- 34:34Speaker 3: reopen states. He refuses to wear a mask in a
- 34:38Speaker 3: mask factory. That's not a great way to model basic
- 34:41Speaker 3: personal behaviors that might actually help us do better. I mean,
- 34:45Speaker 3: I do think there are some states that have locked
- 34:48Speaker 3: down that are still struggling. So I'm not sure. But
- 34:51Speaker 3: Holding a rally indoors when the health commissioner in Tulsa
- 34:56Speaker 3: asked you not to is an insane escalation of that
- 35:00Speaker 3: irresponsible behavior that could lead to a bunch of people
- 35:03Speaker 3: getting killed. So I think people will be closely watching
- 35:06Speaker 3: the fallout from that event, if any, right? Because for
- 35:10Speaker 3: all the concern about protests, and it's a legitimate concern,
- 35:13Speaker 3: I read today that we've seen at least 30 cases
- 35:16Speaker 3: linked to protests today. which actually seems to be pretty
- 35:19Speaker 3: low given the scale of these protests, but maybe more
- 35:22Speaker 3: better data will come out at some point.
- 35:25Speaker 6: Love it.
- 35:25Speaker 1: What did you think?
- 35:25Speaker 2: Yeah, I mean, look, having been at a number of
- 35:27Speaker 2: these protests now, the vast majority of people are wearing
- 35:30Speaker 2: masks and they're outside. And that makes it a wholly
- 35:33Speaker 2: different thing than being, and that doesn't mean that there's
- 35:36Speaker 2: no risk. And I think that people denying that risk
- 35:38Speaker 2: are not, are being kind of defensive. But it's a
- 35:41Speaker 2: wholly different thing than a massive indoor rally where people
- 35:45Speaker 2: are potentially not wearing masks. There's this debate about how
- 35:49Speaker 2: culpable Trump is. Would Hillary Clinton have done better? I'm
- 35:51Speaker 2: not particularly interested in it. How late was Trump? How
- 35:55Speaker 2: much faster should he have gotten to this? Well, here
- 35:58Speaker 2: we are now.
- 35:58Speaker 5: It is June.
- 36:00Speaker 2: We were supposed to go into stay at home so
- 36:03Speaker 2: that the government would have time to build a proper
- 36:05Speaker 2: national response. Didn't happen. There's still not enough masks. We
- 36:10Speaker 2: still don't have enough testing. We still don't have a
- 36:13Speaker 2: proper plan for making sure that we can reopen while
- 36:15Speaker 2: socially distancing and remaining safe. And what's missing is that
- 36:21Speaker 2: basic leadership. from a president saying, hey, everybody, wear masks,
- 36:25Speaker 2: especially because one of the things we've learned from experts
- 36:29Speaker 2: in recent weeks is just how important masks can be.
- 36:32Speaker 2: It is one of the most important things we have
- 36:34Speaker 2: learned that actually may be one of the mistakes we
- 36:36Speaker 2: made early on was not pushing masks hard enough. And
- 36:38Speaker 2: that masks themselves may allow us to have some amount
- 36:41Speaker 2: of reopening and some amount of safety while being able
- 36:45Speaker 2: to go back to our lives, maybe not, certainly not fully,
- 36:48Speaker 2: not as much as before, not in restaurants close to
- 36:50Speaker 2: one another. And so- If the fact that Donald Trump
- 36:54Speaker 2: can't just say to everybody, hey, wear a mask, which
- 36:58Speaker 2: would certainly save lives, save thousands of lives perhaps, save billions,
- 37:04Speaker 2: trillions for the economy, we have no idea. The fact
- 37:06Speaker 2: that he won't do that when it is fucking free
- 37:09Speaker 2: is outrageous.
- 37:10Speaker 3: It's outrageous.
- 37:11Speaker 1: It's outrageous. And here's the thing.
- 37:13Speaker 2: Murderous.
- 37:14Speaker 1: I do not think you can lay at Trump's feet
- 37:16Speaker 1: the mixed messages on masks that we had at the
- 37:19Speaker 1: beginning of this pandemic. I think and I don't even
- 37:22Speaker 1: public health officials and epidemiologists didn't really know enough about
- 37:26Speaker 1: the virus at first. And so we've learned more over time.
- 37:30Speaker 4: Right.
- 37:30Speaker 1: But, you know, you talked about the like, what if
- 37:32Speaker 1: Hillary Clinton was president? OK, what if anyone else was president?
- 37:35Speaker 5: Right.
- 37:36Speaker 1: We now have studies, multiple studies, not just one, multiple
- 37:39Speaker 1: studies that say even if 50 percent of the population
- 37:42Speaker 1: wore masks in public, it could significantly reduce the spread
- 37:45Speaker 1: of the virus by up to 80 percent. It would
- 37:47Speaker 1: get it below 50. R1, which means the virus stops,
- 37:51Speaker 1: eventually dies out. When you look to multiple Asian countries, Japan, Taiwan,
- 37:59Speaker 1: there's a whole bunch of countries where people wear masks
- 38:01Speaker 1: because they've had other pandemics like this that were respiratory
- 38:04Speaker 1: diseases and they wore masks. And so it's more of
- 38:07Speaker 1: a tradition there. And they have done so much better
- 38:10Speaker 1: than us in tamping down this virus. It's not just
- 38:14Speaker 1: about If Trump wore a mask, like I have imagined
- 38:17Speaker 1: for a while, if like Obama had been president during this,
- 38:20Speaker 1: not only would he wore a mask, we would have
- 38:22Speaker 1: this entire public education campaign. We'd get celebrities to wear masks, artists, entertainers,
- 38:28Speaker 1: like media people, influential people all across the country because
- 38:33Speaker 1: we would make it a cultural norm. And if you
- 38:35Speaker 1: could do that, you could open up the economy, right?
- 38:38Speaker 1: Like I understand people saying we can't be locked down forever.
- 38:41Speaker 1: We can't keep the economy close forever. I get that, right?
- 38:44Speaker 1: But I don't understand people not being able, not being
- 38:48Speaker 1: willing to like fucking put a piece of cloth over
- 38:51Speaker 1: your face.
- 38:52Speaker 4: Yeah.
- 38:52Speaker 3: Cases are climbing on a daily basis in 22 states
- 38:55Speaker 3: right now. And as far as I can tell, the
- 38:58Speaker 3: coronavirus task force is no longer meeting. They have given
- 39:01Speaker 3: up on having a federal response to this pandemic. All
- 39:05Speaker 3: of it has been pushed upon states or just individual citizens.
- 39:09Speaker 3: And that's with 115,000 Americans dead. So like, Yeah, it
- 39:14Speaker 3: is just priced into the equation that they have completely
- 39:16Speaker 3: given up. He is betting and hoping that he can
- 39:19Speaker 3: just bullshit his way through this like he's done everything
- 39:22Speaker 3: else in life. Fake it till you make it. And
- 39:24Speaker 3: then look, if things are really bad in the fall,
- 39:27Speaker 3: he's probably thinking, well, I'm going to lose anyway. So
- 39:29Speaker 3: I might as well predict that they're going to be better.
- 39:31Speaker 3: And then if I guess right, I can tell all these,
- 39:33Speaker 3: you know, lefty liberals that they were wrong. It's an
- 39:36Speaker 3: insane political strategy. There's so much more you could be
- 39:39Speaker 3: doing that seems pretty basic that would improve the economy.
- 39:41Speaker 3: That would mean fewer people died. He just refuses to
- 39:44Speaker 3: do it. They want to move on. It is it
- 39:46Speaker 3: is it is unfathomable that this is where we are.
- 39:49Speaker 3: But That's what he chose.
- 39:51Speaker 1: Yeah, and like you said, it's not just like his
- 39:55Speaker 1: actions are going to lead to more infections and more deaths,
- 39:57Speaker 1: which is the thing we should be most concerned about
- 40:00Speaker 1: is awful. even from a pure political standpoint for him, right?
- 40:03Speaker 1: Like the economy would be better if everyone wore masks, right?
- 40:07Speaker 1: Because more people go back to work. Fewer people would die.
- 40:10Speaker 1: That's better for him, like even politically. And there's also,
- 40:14Speaker 1: there is no substitute for national leadership on this, right? Like,
- 40:18Speaker 1: you know, we're in Los Angeles, you know, our public
- 40:21Speaker 1: health director, Barbara Frere and Eric Garcetti, our mayor, tell
- 40:25Speaker 1: us every day in press conferences to like wear masks everywhere.
- 40:27Speaker 1: There's a requirement. They're local officials. Who pays attention to that, right? Like,
- 40:32Speaker 1: people pay attention to, like, they turn on the news,
- 40:34Speaker 1: they see the president, they see national figures. It should
- 40:38Speaker 1: be a national effort in this country to get everyone
- 40:41Speaker 1: to wear masks. You cannot do it on a local level.
- 40:44Speaker 1: You just can't.
- 40:45Speaker 2: I also, you know, I think one of the things
- 40:47Speaker 2: that I have just sort of really internalized just during
- 40:50Speaker 2: these protests is the real connection between the callousness with
- 40:55Speaker 2: which police departments, with our culture has treated whole swaths
- 40:58Speaker 2: of the country, black people, people in our cities, people,
- 41:01Speaker 2: you know, brown people, immigrants, what have you, and the
- 41:05Speaker 2: callousness that Trump is using to respond to this crisis.
- 41:09Speaker 2: It is the fact that there has been a right-wing
- 41:12Speaker 2: propaganda outfit that has such disdain for its viewers and
- 41:15Speaker 2: such disdain for the people who aren't watching that can
- 41:18Speaker 2: dismiss whole swaths of the country, just dehumanize whole swaths
- 41:21Speaker 2: of the country. It is not that big of a leap.
- 41:23Speaker 2: from that kind of disregard for lives, for safety, for
- 41:27Speaker 2: human beings, to disregarding the lives and safety of your
- 41:31Speaker 2: own people, of your own supporters, to simply give up
- 41:33Speaker 2: on caring about anybody. And so as we sort of,
- 41:37Speaker 2: as we try to take on Trump, it is worth
- 41:39Speaker 2: looking at just how quickly the Fox News mentality metastasized
- 41:44Speaker 2: into not even caring about their own supporters, their own
- 41:48Speaker 2: people who will show up, sign away their release. These
- 41:50Speaker 2: are not healthy people.
- 41:52Speaker 1: A lot of them showing up at these Trump rallies.
- 41:54Speaker 1: And these Fox personalities you're talking about, guess what they're doing?
- 41:57Speaker 1: They're working from home. Yeah, they're recording from home. You know,
- 41:59Speaker 1: people who are super rich, they have access to testing.
- 42:03Speaker 1: They're fine. They're going to stay indoors. Or they're going
- 42:05Speaker 1: to go outside. You know, they're going to do it. Like,
- 42:07Speaker 1: it's just, you're right. They have disregard for the people
- 42:10Speaker 1: that they claim to be their people. They only have
- 42:13Speaker 1: regard for themselves. Okay. When we come back, Love It
- 42:17Speaker 1: will talk to Pulitzer Prize winning journalist, Wesley Lowery.
- 42:29Speaker 2: I'm now joined by Pulitzer Prize-winning journalist, correspondent for the
- 42:32Speaker 2: new show 60 and 6 on Quibi, and author of
- 42:34Speaker 2: They Can't Kill Us All, Ferguson, Baltimore, and a New
- 42:37Speaker 2: Era in America's Racial Justice Movement, Wesley Lowry. Thanks for
- 42:40Speaker 2: joining us.
- 42:41Speaker 5: Of course. Thanks for having me, John.
- 42:43Speaker 2: I want to start at 30,000 feet. Over the past
- 42:47Speaker 2: few weeks, we've seen protest and conversation around reimagining policing,
- 42:53Speaker 2: around racism in our society, that so many of the
- 42:56Speaker 2: other stories... the killings, examples of police brutality did not ignite.
- 43:03Speaker 2: What do you think happened that allowed for this kind
- 43:07Speaker 2: of a moment to be unlocked where in the past
- 43:09Speaker 2: it didn't happen?
- 43:11Speaker 4: So when I think about all of this, given both
- 43:13Speaker 4: my own reporting on the ground and the history here,
- 43:16Speaker 4: and we talk about policing and police violence, particularly as
- 43:19Speaker 4: it relates to Black Americans, one of the key debates,
- 43:23Speaker 4: one of the key grapples here is, is this a
- 43:27Speaker 4: set of isolated incidents, bad police officers doing bad things,
- 43:32Speaker 4: perhaps an individual officer who happens to be a racist
- 43:34Speaker 4: or whatnot? Or is there something like systemically and structurally
- 43:38Speaker 4: broken in policing? And is that brokenness a reflection of
- 43:43Speaker 4: a broader inequity or inequality, right? So for years, literally
- 43:47Speaker 4: going back to slavery, Black Americans and Black American activists
- 43:50Speaker 4: have said, the police are broken, they harm us, and
- 43:53Speaker 4: they don't protect us.
- 43:55Speaker 5: And they've had to fight and fight and fight and
- 43:58Speaker 5: fight on this.
- 43:59Speaker 4: And the white majority of the country has largely said, first, well,
- 44:02Speaker 4: that's not true. And then eventually got to the point
- 44:04Speaker 4: where they said, well, maybe there are some bad police, right?
- 44:08Speaker 4: And so you see this as it progresses, right? And
- 44:10Speaker 4: you see this even in this five or six year
- 44:12Speaker 4: period that we've had recently, where at the very beginning,
- 44:15Speaker 4: it was all about the hyper litigation of the specific cases.
- 44:18Speaker 4: How far up were Michael Brown's hands? Were they kind
- 44:21Speaker 4: of up?
- 44:21Speaker 5: Were they not?
- 44:22Speaker 4: I mean, Tamir Rice kind of had a toy gun, right?
- 44:24Speaker 4: So didn't he deserve it? Well, Walter Scott had gotten
- 44:26Speaker 4: in a fight with that guy. And so it's okay
- 44:28Speaker 4: that he shot at me. Like it was these hyper
- 44:30Speaker 4: situationally specific pieces.
- 44:32Speaker 5: Of litigation, right? And what we see now, right? Because again,
- 44:37Speaker 5: black Americans have always argued.
- 44:39Speaker 4: Always that it's like a structural problem that like, it's,
- 44:41Speaker 4: it's bigger than, I'm not saying every cop is a racist.
- 44:45Speaker 5: I'm not, it's like, it's bigger than that.
- 44:46Speaker 4: Right. And white Americans have always said, Hmm, I don't
- 44:49Speaker 4: know about that. What we're seeing now is a plurality
- 44:53Speaker 4: of white Americans for the first time that we've ever pulled, like,
- 44:56Speaker 4: you know, like, I mean, this like in a real,
- 44:57Speaker 4: it's not like my feelings, like the numbers show that
- 45:00Speaker 4: for the first time ever, a majority of white Americans say,
- 45:04Speaker 4: perhaps there's actually something structurally wrong with policing. Now, What
- 45:08Speaker 4: leads to that in this moment versus others, a big
- 45:11Speaker 4: part of it is cell phone cameras and body cameras, right?
- 45:14Speaker 4: That suddenly white Americans are seeing with their own eyes
- 45:17Speaker 4: interactions that previously they would have had to believe black people.
- 45:21Speaker 5: To know existed, right?
- 45:23Speaker 4: So black people are going like, the cops are beating
- 45:24Speaker 4: us up. And the white people are like, I don't
- 45:25Speaker 4: know about that.
- 45:26Speaker 5: Maybe you guys deserved it. And now they're watching on
- 45:28Speaker 5: their phone and going, That guy didn't deserve to get
- 45:30Speaker 5: beat up. That guy didn't need to be dead.
- 45:32Speaker 4: And then they close their phone, and the next day
- 45:34Speaker 4: there's another video. And a month later, there's another video.
- 45:37Speaker 4: And then two years later, there's another video. And they're like,
- 45:39Speaker 4: I thought we solved that stuff back in 2014. And
- 45:42Speaker 4: I think that has been the moment where, again, in
- 45:45Speaker 4: the type of democracy we have, you basically can't change
- 45:49Speaker 4: anything unless you get a majority.
- 45:50Speaker 5: Of white people to agree to it. It's just the
- 45:52Speaker 5: way it works, statistically.
- 45:55Speaker 4: And on this issue, you finally have at least a
- 45:58Speaker 4: plurality of white people who are willing to even engage
- 46:01Speaker 4: the conversation that maybe there's something bigger or structurally broken
- 46:04Speaker 4: about policing.
- 46:06Speaker 2: Yeah, it's interesting. There was a poll that just came
- 46:08Speaker 2: out and there's been lots of polling and obviously in
- 46:10Speaker 2: a issue in flux like this, the wording really matters.
- 46:13Speaker 2: But what I was really struck by is, you know,
- 46:15Speaker 2: there's a huge majority, even a majority of Republicans that
- 46:19Speaker 2: are in favor of a version of defunding the police
- 46:22Speaker 2: that is framed as shifting some resources from police departments
- 46:26Speaker 2: to to mental health services, social services, and other ways
- 46:30Speaker 2: of handling disputes. But what was remarkable is that I
- 46:33Speaker 2: believe it was 38 or 39% supported even the kind
- 46:37Speaker 2: of more aggressive definition around defunding and abolition. Now, you're right.
- 46:44Speaker 2: It does seem as though the conversation has shifted away
- 46:47Speaker 2: from litigating every specific incident to prove which larger argument
- 46:53Speaker 2: is correct. How much of that is it turning out
- 46:56Speaker 2: that police departments weren't telling the truth versus how much
- 46:59Speaker 2: of it was simply seeing things even as accurately described
- 47:05Speaker 2: allowed white people specifically to come to understand something deeper?
- 47:10Speaker 5: So I think it was a combination of both of
- 47:11Speaker 5: those things.
- 47:12Speaker 4: I do think that, look, in a lot of these cases,
- 47:16Speaker 4: the police were not telling the truth.
- 47:18Speaker 5: And that should not surprise us.
- 47:20Speaker 4: As humans, a lot of times we don't tell the
- 47:22Speaker 4: truth Or we bend the truth a little bit for
- 47:24Speaker 4: our own means to protect ourselves, right?
- 47:26Speaker 5: That's human nature. The police are not especially vile or
- 47:29Speaker 5: villainous because they do this. Now, one might argue because
- 47:32Speaker 5: they're the police they shouldn't, but that's a different discussion, right?
- 47:36Speaker 5: That was part of it, unquestionably part of it, right?
- 47:39Speaker 4: But what also these videos, what these videos allowed was
- 47:43Speaker 4: it allowed for cases where, and this is one of
- 47:45Speaker 4: the things I've always been most interested in, cases where
- 47:48Speaker 4: we otherwise would have written it off Even based on
- 47:52Speaker 4: the police account, not even that the police are necessarily
- 47:55Speaker 4: lying or misleading, right?
- 47:56Speaker 5: But that even those of us in the media, right?
- 47:58Speaker 4: Philando Castile is an armed black man who the officer
- 48:02Speaker 4: says reached for his gun during a traffic stop. That's
- 48:04Speaker 4: not a front page story, right? We don't care about
- 48:06Speaker 4: that at all. Now that we watch that video, suddenly
- 48:10Speaker 4: we go, wait a second. I mean, just because he
- 48:12Speaker 4: had a gun. So suddenly all these nuances and complexities
- 48:15Speaker 4: of human interactions are laid bare.
- 48:17Speaker 5: And again.
- 48:17Speaker 4: Black Americans always kind of understood that because it was
- 48:20Speaker 4: their uncle who was getting killed by the cops. And
- 48:22Speaker 4: so they were always interested in figuring out the nuances. Well,
- 48:25Speaker 4: just because he was drunk and mouthing off to you
- 48:27Speaker 4: doesn't mean he needs to be dead. Or just because
- 48:28Speaker 4: he had his gun on him, does that mean, you know,
- 48:30Speaker 4: they always were aware of that while a lot of
- 48:32Speaker 4: other people were disinterested in any type of nuanced litigation.
- 48:36Speaker 4: More people now, and again, more white Americans, and I don't,
- 48:39Speaker 4: like I said, I don't even, I don't mean that
- 48:40Speaker 4: in any way like derogatorily. I just mean that as
- 48:42Speaker 4: a group of people who have a separate set of
- 48:44Speaker 4: beliefs collectively that black Americans do, right? more white Americans
- 48:49Speaker 4: are now willing to entertain the idea that perhaps not
- 48:51Speaker 4: every word that the police say is gospel, that they
- 48:54Speaker 4: in fact are political actors who bend narratives, who don't
- 48:58Speaker 4: always tell the truth, who aren't always held accountable, who are.
- 49:01Speaker 5: Defensive, right? I think that's a.
- 49:03Speaker 4: Really big part of this, and I think that's really
- 49:05Speaker 4: important in kind of this moment now. The other thing
- 49:08Speaker 4: I'd say, though, kind of getting back to what you
- 49:09Speaker 4: were talking about in terms of the polling around defunding, right,
- 49:12Speaker 4: is one of the things that's always been most interesting
- 49:14Speaker 4: to me in this space is that the abolitionists and
- 49:17Speaker 4: the police say a lot of the same things, right?
- 49:19Speaker 4: If you talk to the cops, I spend a lot
- 49:21Speaker 4: of time talking to cops, right? They will tell you, look,
- 49:24Speaker 4: we have to deal with every part of society. You
- 49:26Speaker 4: guys have underfunded the homelessness shelters and you've underfunded the
- 49:29Speaker 4: mental health clinics and the drugs, and we're the ones
- 49:31Speaker 4: who get the call and we have to show up, right?
- 49:33Speaker 4: And they use this to make this argument about how
- 49:34Speaker 4: overworked they are and how hard their jobs are, all.
- 49:37Speaker 5: Of which is true, right?
- 49:38Speaker 4: And the abolitionists say the exact same thing. They're like, yes,
- 49:41Speaker 4: I don't want the cops showing up to deal with
- 49:43Speaker 4: homeless people. Yes, I don't want the cops showing up
- 49:45Speaker 4: to deal with mental illness. We should have a whole
- 49:47Speaker 4: different number. This argument is basically that we've allowed our society,
- 49:51Speaker 4: so much of the safety net of our society, to
- 49:53Speaker 4: get gutted. And so now the only number we have
- 49:55Speaker 4: is 911, and a guy with a gun shows up.
- 50:01Speaker 2: Yeah, so I actually wanted to ask you about that.
- 50:03Speaker 2: You know.
- 50:06Speaker 2: The police associations seem like they're doing two functions here
- 50:11Speaker 2: at part of these debates. One is about just protecting
- 50:13Speaker 2: their members from accountability, okay? And the other is protecting
- 50:17Speaker 2: resources and funding because also this comes down to just jobs,
- 50:22Speaker 2: just jobs and making sure that their members keep their
- 50:24Speaker 2: jobs and keep their employment, keep their pensions, what have you.
- 50:28Speaker 2: But in a lot of ways, what's happening is showing
- 50:31Speaker 2: that those two sides are in tension because If the
- 50:34Speaker 2: police are conceding that they're responding to things that aren't
- 50:38Speaker 2: in their expertise that actually escalate problems that shouldn't be escalated,
- 50:42Speaker 2: in many ways, they're conceding that, yes, their jobs are impossible.
- 50:45Speaker 2: And so they should not be doing these kinds of jobs.
- 50:48Speaker 2: And yet, because we've built this system over decades that
- 50:51Speaker 2: shifted all the resources to police, it puts them in
- 50:54Speaker 2: a position of having to advocate to keep those jobs
- 50:56Speaker 2: in place, which prevents the money from going to these
- 50:59Speaker 2: services that would make it so that they were not
- 51:00Speaker 2: needed in those areas of contradiction there. Is there a
- 51:04Speaker 2: way out of that paradox? Is there a way to
- 51:07Speaker 2: shift resources and actually accept the argument made by both
- 51:12Speaker 2: sides that mental illness, drug abuse, sort of quotidian, nonviolent
- 51:17Speaker 2: work that the police are forced to do, to shift
- 51:20Speaker 2: it away from police without creating this incredibly divisive and
- 51:25Speaker 2: difficult local political problem of police do not want to
- 51:29Speaker 2: give up those resources?
- 51:31Speaker 5: It's really difficult.
- 51:33Speaker 4: And I don't know that I know of a place
- 51:35Speaker 4: that has fully handled that or navigated that. It's playing
- 51:38Speaker 4: out in a lot of different places. One, the police
- 51:41Speaker 4: unions are extremely locally politically powerful. They have a membership
- 51:44Speaker 4: that shows up in votes.
- 51:45Speaker 5: They give money.
- 51:46Speaker 4: No one wants to be the politician who the cops
- 51:48Speaker 4: are saying hates cops. It's a poison pill no matter
- 51:52Speaker 4: what side of the aisle you're on. No one wants
- 51:54Speaker 4: to be the cop-hating politician. And many of the police unions,
- 51:58Speaker 4: not all of them, many of the police unions very
- 52:01Speaker 4: willingly use such rhetoric, right?
- 52:03Speaker 5: Like, wait, you want to cut our budget? You want
- 52:05Speaker 5: dead cops. Well, like, all right.
- 52:07Speaker 4: It makes it very difficult to now have any, like,
- 52:09Speaker 4: nuanced conversation about what should be happening or what shouldn't.
- 52:12Speaker 7: Be, right?
- 52:13Speaker 5: And so the, and so it's really tough.
- 52:17Speaker 4: I mean, and it's hard, you know, I think the
- 52:18Speaker 4: union issue is very fascinating to me because it's an
- 52:20Speaker 4: issue that perplexes and challenges our very often Democrats and
- 52:26Speaker 4: Republicans' understanding of politics, right?
- 52:28Speaker 5: This is a case where.
- 52:30Speaker 4: Republicans love the police unions because the Republicans love the police.
- 52:33Speaker 4: And the Democrats are saying, what do you mean get
- 52:36Speaker 4: rid of a public sector union?
- 52:37Speaker 5: What are you talking about? We love labor.
- 52:39Speaker 4: It's this position where everyone is subservient to the police union,
- 52:44Speaker 4: no matter their politics, except for the black people who
- 52:46Speaker 4: are like, could you please stop killing us?
- 52:47Speaker 5: This would be great if we could not do this anymore.
- 52:50Speaker 4: But all of our political structure is, like I said,
- 52:53Speaker 4: is deferential to police unions because What's also true, and again,
- 52:56Speaker 4: I don't even mean this to.
- 52:57Speaker 5: Villainize the police unions at all. They are doing a
- 52:59Speaker 5: job and they play a role in this. I do
- 53:03Speaker 5: think their role looks different. Look, I'm a member of
- 53:05Speaker 5: a union as a writer.
- 53:06Speaker 4: If I go down in some plagiarism scandal tomorrow, the
- 53:08Speaker 4: union is not holding press conferences talking about, well, if
- 53:11Speaker 4: you criticize him, you hate writers unless you want them dead.
- 53:14Speaker 5: Well, no.
- 53:15Speaker 4: But I don't know of an example where a cop
- 53:19Speaker 4: has killed someone or been involved in one of these
- 53:21Speaker 4: incidents and his union didn't like hyperbolically stand by him,
- 53:24Speaker 4: not just saying we're going to represent him and give
- 53:26Speaker 4: him a lawyer, but wasn't out there giving a press
- 53:28Speaker 4: conference saying, screw you if you criticize him, right? That
- 53:30Speaker 4: doesn't exist in a lot of other unions, that level
- 53:33Speaker 4: of support publicly. And beyond that, though, you know, we
- 53:38Speaker 4: are coming out of a period of time, economic downturn, recession,
- 53:41Speaker 4: I mean, going back decades, right, where municipal budgets were crunched.
- 53:45Speaker 5: They were squeezed.
- 53:46Speaker 4: And first, what the police unions did, I think wisely, right,
- 53:51Speaker 4: was that they weren't receiving.
- 53:54Speaker 5: hiring, you know, additional positions, nor raises, right?
- 53:57Speaker 4: And that was, by the way, the only thing that
- 53:58Speaker 4: the local papers were covering in terms of union negotiations.
- 54:01Speaker 5: Do the cops and firefighters get a raise or do
- 54:03Speaker 5: they not, right? End of discussion.
- 54:05Speaker 4: Well, those union negotiations include all types of other negotiations,
- 54:08Speaker 4: including the policies that govern accountability. And so what police
- 54:12Speaker 4: unions were able to do over the last 25 years
- 54:14Speaker 4: was to write into the governing law all types of
- 54:18Speaker 4: things that the.
- 54:19Speaker 5: Average American would find absolutely insane, right?
- 54:22Speaker 4: The way we handle what happens when a cop kills someone,
- 54:26Speaker 4: your average person, no matter their politics, would go, this
- 54:28Speaker 4: doesn't make sense. Why would we handle this this way?
- 54:31Speaker 4: And the unions were able to get all these concessions
- 54:33Speaker 4: and get them nationally. And if you didn't agree to them,
- 54:35Speaker 4: you hated the cops, right?
- 54:36Speaker 5: It was there.
- 54:37Speaker 4: And so because of that, we have a system that
- 54:39Speaker 4: is not constructed to hold police officers particularly accountable because
- 54:43Speaker 4: the unions have been able to successfully wield their power
- 54:47Speaker 4: and their weight to create a system that leans so
- 54:51Speaker 4: far over in favor of their members.
- 54:55Speaker 2: I want to turn to the way the media has
- 54:57Speaker 2: been covering some of these protests. There was a killing
- 55:02Speaker 2: in Georgia. Rayshard Brooks was killed by the police, shot
- 55:04Speaker 2: twice in the back. That led to mass protests, including
- 55:09Speaker 2: a fire at that Wendy's. That image has been everywhere, right?
- 55:16Speaker 2: The image of the burning Wendy's. How are images of
- 55:20Speaker 2: destruction to your mind driving the way media outlets cover this?
- 55:24Speaker 2: And what do you think the responsible coverage that takes
- 55:28Speaker 2: into account that this fire takes place while putting it
- 55:30Speaker 2: in larger context looks like?
- 55:32Speaker 4: You know, I think that it's a hard question, right?
- 55:35Speaker 4: I don't think there's like a clear and obvious, this
- 55:37Speaker 4: is the answer. This is what works in every single
- 55:39Speaker 4: scenario because it's tough, right? Each of these stories is
- 55:41Speaker 4: a little bit different. each story informs the next one, right?
- 55:44Speaker 4: So a fire, a Wendy's burning in Atlanta yesterday comes
- 55:48Speaker 4: in the context of the fires that were in Minneapolis
- 55:51Speaker 4: week before versus Minneapolis where that hadn't happened yet, right?
- 55:54Speaker 4: And so there's some different, but what I will say
- 55:57Speaker 4: is there are a few things, a few things I
- 55:58Speaker 4: think about broadly, right? The first is that I do
- 56:02Speaker 4: think all of our coverage has to be rooted in
- 56:05Speaker 4: what it is downstream from, right? That Wendy's is burning
- 56:08Speaker 4: because the police killed someone. It is not a story
- 56:11Speaker 4: of a Wendy's that's on fire. It's a story of
- 56:14Speaker 4: the police killing someone and the public being so upset
- 56:17Speaker 4: that there's stuff on fire. And I think sometimes it's
- 56:21Speaker 4: our kind of newness bias. But the thing that just
- 56:24Speaker 4: happened five minutes ago is the story. Well, but if
- 56:26Speaker 4: the thing that happened five minutes ago is because of
- 56:28Speaker 4: a thing that happened an hour ago, perhaps the thing.
- 56:30Speaker 5: That happened an hour ago remains the story.
- 56:33Speaker 4: I think also there's a lot of difficulty in kind
- 56:36Speaker 4: of our online up-to-the-minute media coverage as well as our
- 56:38Speaker 4: live cable news coverage. That can be really difficult because, again,
- 56:43Speaker 4: it prioritizes literally what is happening in this moment. And
- 56:46Speaker 4: by the nature of being there with all those cameras,
- 56:49Speaker 4: we keep things going on for hours longer than perhaps
- 56:52Speaker 4: they would have gone on. And so I do think
- 56:55Speaker 4: that that's something we have to think about. Again, I
- 56:58Speaker 4: don't know that there's a perfect answer to this, but
- 57:00Speaker 4: I'm always struck by, I think a lot about when
- 57:02Speaker 4: I got back from Ferguson. I went back home to
- 57:05Speaker 4: Cleveland where my parents are from, where my parents live.
- 57:08Speaker 4: And I was sitting in the living room, and this
- 57:09Speaker 4: is like December 2014. I'd been in Ferguson for three months, right?
- 57:14Speaker 4: And my parents had read probably more coverage than basically
- 57:18Speaker 4: anyone else because they read everything I wrote about it, right?
- 57:20Speaker 5: So they were not.
- 57:22Speaker 4: Just the average American who checked in and out. Every
- 57:24Speaker 4: single day they were following the story. And yet their
- 57:26Speaker 4: question still was, so what's that place like? Because the
- 57:30Speaker 4: only thing they'd ever seen was like the one gas
- 57:32Speaker 4: station on fire on loop for three months.
- 57:35Speaker 5: Right.
- 57:35Speaker 4: The average person consuming the coverage would have thought this
- 57:38Speaker 4: entire town had burned to the ground.
- 57:40Speaker 5: And it was like two strip malls. I mean, and again,
- 57:43Speaker 5: and that's.
- 57:43Speaker 4: Not to, I don't even mean that to diminish the
- 57:45Speaker 4: like real pain and loss of violence.
- 57:49Speaker 5: Like there was some dangerous and scary nights out there.
- 57:52Speaker 5: It was tough. All that's real.
- 57:54Speaker 4: And also Ferguson is a suburb with like, a fountain
- 57:57Speaker 4: in its town square and white people walking their dogs.
- 58:01Speaker 5: Ferguson, Missouri was not burned to the ground at any point.
- 58:03Speaker 5: Didn't happen, right?
- 58:04Speaker 4: But the average viewer walks away from our coverage and
- 58:07Speaker 4: thinks the entire city is that burned down gas station.
- 58:09Speaker 4: I think that's a failing of us to the collective
- 58:13Speaker 4: us in terms of that coverage.
- 58:15Speaker 2: Yeah, and especially with the context of Republicans. You see
- 58:19Speaker 2: Ted Cruz saying that the left... the left gets rid
- 58:23Speaker 2: of Gone with the Wind and Burns Atlanta. And it's like, well,
- 58:26Speaker 2: first of all, I don't believe the HBO Max executives were...
- 58:30Speaker 2: It's like, what is this left? But it is an
- 58:33Speaker 2: effort to exploit these kinds of things. I want to
- 58:36Speaker 2: ask one final question on the role of the media,
- 58:38Speaker 2: because you've talked about this. I do not want to
- 58:40Speaker 2: add words to the Tom Cotton op-ed fracas, which The
- 58:44Speaker 2: Times has been covering daily ever since.
- 58:48Speaker 5: It's the biggest story in all of America.
- 58:50Speaker 2: But you said something that I think goes to a
- 58:53Speaker 2: deeper question, which is on Twitter, you said, American view
- 58:57Speaker 2: from nowhere, objectivity obsessed, both sides journalism is a failed experiment.
- 59:01Speaker 2: We need to rebuild our industry as one that operates
- 59:03Speaker 2: from a place of moral clarity. What does that actually
- 59:07Speaker 2: look like in practice to you?
- 59:08Speaker 5: I think a big part of it is that we
- 59:09Speaker 5: need to rebuild our industry.
- 59:10Speaker 4: Of it, I've been thinking about this right now and
- 59:12Speaker 4: I'm actually thinking about, people keep trying to talk me
- 59:14Speaker 4: into writing something on this because everyone liked that tweet
- 59:17Speaker 4: and now a bunch of bad faith actors are telling
- 59:19Speaker 4: me what that tweet meant, right? But that said, one
- 59:25Speaker 4: of the things I think about in the most simplest sense, right,
- 59:28Speaker 4: is that journalism in many ways is a field that
- 59:31Speaker 4: skews very specifically to norms and standards to avoid any
- 59:34Speaker 4: creativity and any individualized decision making.
- 59:38Speaker 5: This is what we do and this is how we
- 59:39Speaker 5: do it. We never make a decision. We never have
- 59:41Speaker 5: a discussion. We never think about it. This is how
- 59:43Speaker 5: we do it.
- 59:44Speaker 4: And I think that, which by the way, is very
- 59:47Speaker 4: different than the process for most of the highest end journalism.
- 59:50Speaker 4: If you're doing investigative work, if you're doing big, you're
- 59:53Speaker 4: having all types of at the sentence level discussions of
- 59:56Speaker 4: what's the right way to do this?
- 59:57Speaker 5: What's the most considered? It's never, well, but we did
- 59:59Speaker 5: it this way.
- 1:00:00Speaker 6: No, no, no.
- 1:00:00Speaker 4: What's the best thing for the story? But the vast
- 1:00:03Speaker 4: majority of journalism doesn't go through a process like that
- 1:00:05Speaker 4: at all. And so Tom Cotton ends up getting to
- 1:00:07Speaker 4: publish a unquestionably, objectively inflammatory column that unquestionably and objectively had.
- 1:00:13Speaker 5: Factual errors in it.
- 1:00:14Speaker 4: And the reason and the rationale is, well, because we
- 1:00:17Speaker 4: publish columns.
- 1:00:18Speaker 5: That people submit, right?
- 1:00:19Speaker 4: That is not a good enough reason to do something, right?
- 1:00:23Speaker 4: That nothing we do, and again, and that is not
- 1:00:26Speaker 4: to say that there is a singular reason set of
- 1:00:28Speaker 4: moral decisions you and i can both be moral actors
- 1:00:31Speaker 4: and considerate actors and come down with a different decision
- 1:00:34Speaker 4: on whether or not that should be published right but
- 1:00:36Speaker 4: what a journalism of moral clarity requires is that we
- 1:00:39Speaker 4: even have the discussion in the first place and that
- 1:00:41Speaker 4: perhaps that's a discussion that includes a bunch of different
- 1:00:44Speaker 4: types of people at the table and not just a
- 1:00:45Speaker 4: bunch of rich white guys right and so it speaks
- 1:00:47Speaker 4: to like our ability you know we act as if
- 1:00:50Speaker 4: journalism is not a series of decisions but it is
- 1:00:52Speaker 4: a series of subjective decisions whose story is worth telling,
- 1:00:55Speaker 4: what source is credible, who we give an op-ed to.
- 1:00:58Speaker 4: I don't remember any Antifa op-eds or any actually burn
- 1:01:01Speaker 4: down the rest of the country op-eds, right?
- 1:01:03Speaker 5: Those are opinions, right?
- 1:01:05Speaker 4: Like a subjective decision was made over who gets that
- 1:01:08Speaker 4: platform or not. And all I'm suggesting is that we
- 1:01:11Speaker 4: need to not fall back on this is because this
- 1:01:14Speaker 4: is how we've always done it rationale, but rather be
- 1:01:16Speaker 4: willing to say, let's create a journalism that's smart enough
- 1:01:20Speaker 4: to like show that it's read a book.
- 1:01:21Speaker 5: Let's create a journalism that's smart enough to like Make deliberate.
- 1:01:24Speaker 4: Decisions and then stand by those decisions, not have people
- 1:01:28Speaker 4: be able to poke holes in all these.
- 1:01:29Speaker 5: Well, we did this because of this. And then someone goes, well,
- 1:01:32Speaker 5: but what about all the errors in it? Oh, all right.
- 1:01:34Speaker 5: Maybe you have a point, right? We shouldn't be in
- 1:01:35Speaker 5: that position.
- 1:01:37Speaker 2: At the very least, also, it's not what was clear
- 1:01:39Speaker 2: in the publishing of that op-ed not to be on
- 1:01:41Speaker 2: that one topic. But this happens all the time is.
- 1:01:43Speaker 2: not just a suspension of politics, but a suspension of
- 1:01:46Speaker 2: intellectual honesty for the sake of achieving balance of some kind.
- 1:01:51Speaker 2: One last question, and thank you for your time this morning.
- 1:01:54Speaker 2: I just want to come back to where we started,
- 1:01:55Speaker 2: which is you've been covering this for years. You were
- 1:01:58Speaker 2: arrested in Ferguson, and then it was noted widely that
- 1:02:01Speaker 2: people were shocked to see reporters mistreated now. So there
- 1:02:05Speaker 2: are many things that are surprising people who haven't been
- 1:02:07Speaker 2: paying attention, myself included, right? But as someone who's been
- 1:02:11Speaker 2: on the ground covering this, what has surprised you most
- 1:02:15Speaker 2: over the last sort of three weeks?
- 1:02:18Speaker 4: That's a really good question, you know, because it is.
- 1:02:21Speaker 4: It's really tough. I mean, I will say I am
- 1:02:25Speaker 4: surprised genuinely by how much has shifted and changed so quickly, right?
- 1:02:30Speaker 5: That I became kind of a pretty hard cynic and
- 1:02:32Speaker 5: skeptic of this, right?
- 1:02:33Speaker 4: That like, look, I got arrested in a viral video
- 1:02:35Speaker 4: and all of journalism, right? And all of journalism told
- 1:02:38Speaker 4: me how I deserved it and it was my own fault.
- 1:02:39Speaker 4: And now it's like, how dare they arrest those reporters?
- 1:02:42Speaker 4: This is insane. Things have shifted so drastically. You have
- 1:02:46Speaker 4: media companies that are putting out Black Lives Matter statements.
- 1:02:49Speaker 4: I had this one mini controversy in 2014 where I
- 1:02:53Speaker 4: tweeted a video of the protesters during live coverage and
- 1:02:56Speaker 4: they were chanting Black Lives Matter. And I didn't use
- 1:02:59Speaker 4: a quotation mark. And so all these right-wing trolls were like,
- 1:03:02Speaker 4: look at him, he's part of the pro... And I
- 1:03:04Speaker 4: was like, guys, it's clearly the caption of the video.
- 1:03:07Speaker 4: And now CBS Viacom is like, we would like to
- 1:03:09Speaker 4: be clear, Black Lives Matter.
- 1:03:11Speaker 5: And I'm like, what? Where'd this come from?
- 1:03:14Speaker 4: And so I can't... I do, as cynical as I
- 1:03:17Speaker 4: can be, I am very struck by how much has
- 1:03:22Speaker 4: shifted and how much has changed and how quickly that
- 1:03:24Speaker 4: has happened. And again, I'm not sure that there's much
- 1:03:27Speaker 4: explanation beyond the fact that like people can see this
- 1:03:29Speaker 4: stuff with their own eyes now in a way they couldn't.
- 1:03:32Speaker 5: And I think that that really has begun to weigh
- 1:03:35Speaker 5: on people.
- 1:03:35Speaker 4: And what I'll also say too is the energy that
- 1:03:37Speaker 4: we see the kind of the center left that's being
- 1:03:40Speaker 4: absorbed into this moment. is stuff that's been building for
- 1:03:43Speaker 4: years during the Trump presidency, right? You have people out
- 1:03:45Speaker 4: in the streets who are out in the street for
- 1:03:46Speaker 4: the Women's March. They're out in the street for the
- 1:03:48Speaker 4: kids in the cages. They're out in the street after Parkland.
- 1:03:50Speaker 4: They're out in the street for climate. You know, people
- 1:03:52Speaker 4: are very fed up in general. And this is a moment,
- 1:03:56Speaker 4: and this is one of many things that people are
- 1:03:58Speaker 4: very fed up about. And I think that has created
- 1:04:02Speaker 4: more of a impassioned multiracial coalition kind of among the
- 1:04:07Speaker 4: progressive left that had existed previously, but before it was
- 1:04:09Speaker 4: a bunch of kind of, semi-groups that were all theoretically
- 1:04:13Speaker 4: allies of each other, but the Women's March is all
- 1:04:15Speaker 4: white and the Black Lives Matter March is all black.
- 1:04:17Speaker 5: And now there is, I think, a little bit of
- 1:04:20Speaker 5: an overlap in a way that's different.
- 1:04:22Speaker 2: Well, Wesley Lowry, thank you so much for joining us.
- 1:04:24Speaker 2: And everybody should check out 60 on 6. 6 on 60?
- 1:04:27Speaker 3: Did I say it?
- 1:04:28Speaker 5: 60 on 6. Something like, no one knows what it's called.
- 1:04:30Speaker 5: Just open the Quibi app, which you also don't know
- 1:04:31Speaker 5: what it is, but open it.
- 1:04:34Speaker 2: But I will say, I watched the first episode, and
- 1:04:36Speaker 2: it's a really great, and because it is, it's only
- 1:04:39Speaker 2: 10 minutes, it's a really quick and fast-paced look at
- 1:04:41Speaker 2: the protests on the ground. I really recommend it. Wesley Lowry,
- 1:04:43Speaker 2: thank you so much.
- 1:04:44Speaker 4: Of course.
- 1:04:45Speaker 5: Anytime, Joe.
- 1:04:45Speaker 2: Thanks to Wesley Lowry. When we come back, I'm going
- 1:04:47Speaker 2: to talk to Chase Strangio from the ACLU about this
- 1:04:49Speaker 2: landmark ruling on LGBTQ rights. Joining us now, one of
- 1:05:02Speaker 2: the attorneys from the ACLU's legal team that was part
- 1:05:04Speaker 2: of today's landmark LGBTQ plus rights ruling and the ACLU's
- 1:05:08Speaker 2: deputy director for transgender justice, Chase Strangio. Welcome back to
- 1:05:12Speaker 2: Pod Save America.
- 1:05:13Speaker 7: Thanks for having me.
- 1:05:15Speaker 2: What a day.
- 1:05:17Speaker 5: Yeah, what a day.
- 1:05:19Speaker 7: I am in shock in a good way.
- 1:05:22Speaker 2: So this morning, the Supreme Court issued a landmark ruling
- 1:05:25Speaker 2: that prevents discrimination against LGBTQ plus individuals in the workplace.
- 1:05:29Speaker 2: Can you tell us a little bit about the ruling
- 1:05:32Speaker 2: and how big a deal it is?
- 1:05:34Speaker 5: Yeah.
- 1:05:35Speaker 7: So, you know, we have been working on these issues
- 1:05:38Speaker 7: for so long and working on this case for so long.
- 1:05:41Speaker 7: It involved three individuals who were fired for being LGBTQ plus.
- 1:05:45Speaker 7: And it was a really straightforward question before the court,
- 1:05:47Speaker 7: which is just under the federal law that prohibits sex discrimination,
- 1:05:51Speaker 7: is it illegal to fire someone for being LGBTQ? And
- 1:05:54Speaker 7: today in a 6-3 opinion, the court unequivocally said it
- 1:05:58Speaker 7: is illegal. LGBTQ people are unquestionably covered under the plain
- 1:06:02Speaker 7: language of the statute. And so in all 50 states,
- 1:06:06Speaker 7: it is now illegal to discriminate against someone for being LGBTQ.
- 1:06:11Speaker 7: And that will also have an impact on all of
- 1:06:14Speaker 7: the federal laws that prohibit sex discrimination, including in education,
- 1:06:18Speaker 7: in healthcare, in housing, and in credit. So this truly
- 1:06:21Speaker 7: is an incredible, incredible victory for our communities.
- 1:06:25Speaker 2: Were you surprised to see a 6-3 ruling? And were
- 1:06:28Speaker 2: you surprised to see the name Gorsuch as the author
- 1:06:33Speaker 2: of that ruling?
- 1:06:35Speaker 7: So what I will say is that the case was
- 1:06:39Speaker 7: litigated for Gorsuch. He was our target. He is the textualist.
- 1:06:44Speaker 7: And every decision that we made in so many ways
- 1:06:48Speaker 7: was just to make plain for him that his judicial
- 1:06:52Speaker 7: philosophy aligns completely with the theory of the workers themselves.
- 1:06:59Speaker 7: So to rule for the employees would be you know,
- 1:07:01Speaker 7: Gorsuch just applying his textual reading of the statute. And
- 1:07:06Speaker 7: so that was less surprising than seeing Roberts, honestly. And
- 1:07:09Speaker 7: so getting both of them, I think, just, and in
- 1:07:13Speaker 7: such unequivocal terms, you know, with such clear language, to me,
- 1:07:18Speaker 7: just really shuts down some of the lower court hesitation
- 1:07:25Speaker 7: that could come as a result of this. And then
- 1:07:27Speaker 7: it completely shuts down the Trump administration's attempt to promulgate
- 1:07:32Speaker 7: anti-LGBTQ regulations and other executive action through sub-regulatory action in
- 1:07:38Speaker 7: every federal agency. So this is just a complete rebuke
- 1:07:41Speaker 7: of so much of what the Trump administration has done.
- 1:07:43Speaker 2: Yeah, I want to ask you about that. So last week,
- 1:07:47Speaker 2: they rolled out their efforts to roll back Obama-era rules
- 1:07:50Speaker 2: around protecting LGBTQ access to health care. we've had anti-trans
- 1:07:56Speaker 2: rules in the military being put forward. What does this
- 1:07:59Speaker 2: mean for those rules?
- 1:08:02Speaker 7: Yeah, so starting with the HHS rule, which is the
- 1:08:05Speaker 7: healthcare rule implementing the non-discrimination provisions of the Affordable Care Act,
- 1:08:09Speaker 7: and the Obama administration had put forth incredibly robust, affirmative,
- 1:08:14Speaker 7: interpretations of the federal prohibitions on sex discrimination. And the
- 1:08:18Speaker 7: Trump administration rescinded those and put forth essentially a 340-page
- 1:08:25Speaker 7: anti-trans screed on Friday afternoon at 4 p.m.
- 1:08:27Speaker 4: Eastern.
- 1:08:28Speaker 7: They knew in doing that that the entire thing hinged
- 1:08:31Speaker 7: on the outcome of this case from the Supreme Court.
- 1:08:34Speaker 7: So they really wanted to beat the court to it.
- 1:08:36Speaker 7: And they know and they reference in the rule themselves
- 1:08:39Speaker 7: that there really won't be legal authority to enforce that
- 1:08:42Speaker 7: rule if the court doesn't adopt the position of the
- 1:08:45Speaker 7: United States and the employers in the Title VII cases.
- 1:08:49Speaker 7: So they didn't, but they did put forth the rule anyways,
- 1:08:52Speaker 7: and it will essentially have no legal effect at this
- 1:08:55Speaker 7: point as to the anti-LGBTQ provisions. And just to be clear,
- 1:08:59Speaker 7: there's also a ton of other horrible things in that
- 1:09:01Speaker 7: rule around access to abortion care and other language access,
- 1:09:07Speaker 7: other disability concerns. So there's a lot of terrible things
- 1:09:10Speaker 7: in the rule as to the anti-LGBTQ provisions. You know,
- 1:09:14Speaker 7: it many cases in the lower courts are dealing with these,
- 1:09:17Speaker 7: but there's no way that they have any legal authority
- 1:09:19Speaker 7: subsequent to this decision. The military rule is more complicated
- 1:09:24Speaker 7: in so far as the executive has a lot more
- 1:09:28Speaker 7: authority over the military and it wasn't enforcing any particular statute.
- 1:09:33Speaker 7: But I think for that, a lot of the arguments
- 1:09:36Speaker 7: that the administration made in support of the rule don't
- 1:09:39Speaker 7: really stand in light of this interpretation of prohibitions on
- 1:09:42Speaker 7: sex discrimination. So certainly there's arguments to be made. I
- 1:09:46Speaker 7: think that at the end of the day, getting rid
- 1:09:48Speaker 7: of the anti-trans rule in the context of the military
- 1:09:52Speaker 7: is going to come down to who wins the election
- 1:09:56Speaker 7: and the presidency. I mean, there's litigation in court, but
- 1:10:00Speaker 7: a new president could change that rule right away. But
- 1:10:03Speaker 7: there are other things, you know, they rescinded student guidance
- 1:10:06Speaker 7: for trans students under Title IX within the first few
- 1:10:10Speaker 7: months of coming into office in 2017. They're about to
- 1:10:13Speaker 7: publish in the Federal Register a rule that attempts to
- 1:10:15Speaker 7: allow homeless shelters to turn away trans people. That is
- 1:10:18Speaker 7: also premised on this same interpretation that they just lost
- 1:10:23Speaker 7: before the Supreme Court. So there is seriously no wind
- 1:10:27Speaker 7: in their sails and actually no legal authority to justify
- 1:10:31Speaker 7: these actions any further. So it really will be a
- 1:10:35Speaker 7: decision that reaches into all aspects of federal legal protections
- 1:10:39Speaker 7: and will have huge consequences for people across areas of
- 1:10:44Speaker 7: federal law.
- 1:10:46Speaker 2: On the congressional front, there's been a long-term fight to
- 1:10:50Speaker 2: pass an inclusive ENDA. How does this ruling affect that campaign?
- 1:10:56Speaker 2: Is an inclusive ENDA still required or has the Supreme
- 1:10:59Speaker 2: Court made it unnecessary?
- 1:11:01Speaker 7: You know, it's still absolutely required because so the the
- 1:11:05Speaker 7: current bill is the Equality Act. It's already passed through
- 1:11:07Speaker 7: the House. And it's absolutely essential for a few reasons.
- 1:11:12Speaker 7: The first is or the clearest is that the Title
- 1:11:15Speaker 7: II of the Civil Rights Act, which protects against discrimination
- 1:11:18Speaker 7: in public accommodations, doesn't include sex at all. So that
- 1:11:21Speaker 7: means that there are no protections for LGBTQ people or
- 1:11:25Speaker 7: or cisgender women in or men. There are just no
- 1:11:28Speaker 7: sex-based protections. So there needs to be a sort of
- 1:11:32Speaker 7: comprehensive overhaul of the civil rights laws to make them
- 1:11:35Speaker 7: more expansive generally, particularly with respect to public accommodations. The
- 1:11:39Speaker 7: other thing about Title II and public accommodations is that
- 1:11:42Speaker 7: the definition of public accommodations under federal law currently is
- 1:11:46Speaker 7: incredibly limited. So the Equality Act now would not only
- 1:11:50Speaker 7: add explicit protections for sex, sexual orientation, and gender identity
- 1:11:54Speaker 7: into Title II, but would also expand protections for everyone
- 1:11:58Speaker 7: by expanding the definition of public accommodations and just fill
- 1:12:01Speaker 7: in gaps in federal law that needs to be updated
- 1:12:04Speaker 7: to ensure a comprehensive protections for everyone. Obviously this is
- 1:12:08Speaker 7: a critical step because the existing law is what it
- 1:12:11Speaker 7: is and we wanna make sure we're covered as it is,
- 1:12:13Speaker 7: but passing the Equality Act, which requires a different Senate
- 1:12:17Speaker 7: and a different president is critical too.
- 1:12:21Speaker 2: I also want to talk about what's next for the courts.
- 1:12:22Speaker 2: So there's language in the ruling that is pretty vague
- 1:12:26Speaker 2: around religious institutions, religious organizations. Clearly, in getting to this
- 1:12:32Speaker 2: 6-3 ruling, there's an internal debate about how far it
- 1:12:35Speaker 2: will go. What do you expect to happen next in
- 1:12:39Speaker 2: terms of religious institutions suing to prevent gay people, women,
- 1:12:45Speaker 2: whoever is going to seek to try to enforce this
- 1:12:48Speaker 2: in religious schools elsewhere? What's next on the legal front?
- 1:12:52Speaker 7: Yeah, I mean, so there's already the existing religious exemption
- 1:12:55Speaker 7: within Title VII, and so that obviously still applies. I
- 1:12:58Speaker 7: think the court has already taken the Fulton case, which
- 1:13:01Speaker 7: is a case about sort of the scope of generally
- 1:13:05Speaker 7: applicable non-discrimination laws when it comes to, and that's in
- 1:13:08Speaker 7: the context of a child welfare case. But I think
- 1:13:10Speaker 7: The next area where the Supreme Court is very likely
- 1:13:12Speaker 7: to try to chip away at this ruling is in
- 1:13:16Speaker 7: the context of religious-based objections, and not just from religious institutions.
- 1:13:21Speaker 7: I think we're likely to see, as we saw in Masterpiece,
- 1:13:24Speaker 7: by businesses that are objecting on religious grounds. And so that,
- 1:13:29Speaker 7: I think, is definitely going to be the next area
- 1:13:31Speaker 7: of the fight and next term when we see the
- 1:13:34Speaker 7: outcome of Fulton. It's very possible that we get this
- 1:13:37Speaker 7: win and it's abrogated by, you know, some very broad
- 1:13:40Speaker 7: interpretation of a constitutionally based exemption. I also think that
- 1:13:45Speaker 7: we're going to continue to have to litigate the meeting
- 1:13:48Speaker 7: and application of this decision, though it is incredibly strong
- 1:13:51Speaker 7: and will be incredibly important in the context of trans
- 1:13:55Speaker 7: students and in restrooms. There's cases pending in the lower courts.
- 1:13:59Speaker 4: Athletics.
- 1:14:00Speaker 7: We're litigating several cases in the lower courts. So as
- 1:14:03Speaker 7: to just the legal future itself, there is a lot
- 1:14:06Speaker 7: more to resolve. And then I just, I would be
- 1:14:09Speaker 7: remiss if I didn't mention that the law, you know,
- 1:14:13Speaker 7: the formal mechanisms of the law only protect people so far.
- 1:14:16Speaker 7: And there are black and brown people dying every single
- 1:14:19Speaker 7: day because they're LGBTQ and because they're black and because
- 1:14:23Speaker 7: they're brown. And so I think two black trans women
- 1:14:25Speaker 7: were murdered this week. You know, will this law stop that?
- 1:14:29Speaker 7: You know, will this decision change that? Not on its
- 1:14:32Speaker 7: own terms. I mean, you know, and so I think ultimately,
- 1:14:34Speaker 7: you know, this, this is just a part of the
- 1:14:36Speaker 7: fight and, you know, the 15,000 people who showed up
- 1:14:39Speaker 7: in Brooklyn yesterday to rally for Black trans lives. I mean,
- 1:14:42Speaker 7: to me, that is, that is the future of justice
- 1:14:44Speaker 7: and that is the future of the work.
- 1:14:46Speaker 2: Yeah, that was going to be my next question. You know,
- 1:14:48Speaker 2: Amy Stevens, one of the plaintiffs in the case, she
- 1:14:51Speaker 2: passed away about a month ago. She was fired from
- 1:14:53Speaker 2: her job at a funeral home. And she said, and
- 1:14:56Speaker 2: before she was fired, she reached out to the people
- 1:14:59Speaker 2: she worked with and she said, what I must tell
- 1:15:01Speaker 2: you is very difficult for me and it has taken
- 1:15:03Speaker 2: all the courage I could muster. I have felt imprisoned
- 1:15:05Speaker 2: in a body that does not match my mind. And
- 1:15:07Speaker 2: this has caused me great despair and loneliness. She extends
- 1:15:10Speaker 2: this incredibly heartfelt note to the people in her life
- 1:15:14Speaker 2: and they fire her. They fire her. We also saw
- 1:15:18Speaker 2: protests across this country, as you mentioned. We've seen these
- 1:15:21Speaker 2: deaths of black trans people this ruling is a watershed,
- 1:15:27Speaker 2: as you said, but we have to change the culture.
- 1:15:29Speaker 2: What role do you think moments like this play in
- 1:15:32Speaker 2: the broader fight for acceptance? How important is it that
- 1:15:35Speaker 2: we have a conservative court affirming the rights and existence
- 1:15:40Speaker 2: of trans people in this way?
- 1:15:42Speaker 7: You know, I think that it is an incredibly important
- 1:15:45Speaker 7: part of the broader, both discursive and norm-setting changes that
- 1:15:50Speaker 7: are happening. I mean, this is is an incredibly big deal.
- 1:15:53Speaker 7: And it's the result. I think what makes it a
- 1:15:55Speaker 7: big deal is naming the fact that it is the
- 1:15:58Speaker 7: result of people actually rising up and demanding to be
- 1:16:02Speaker 7: seen and named. On the day of the arguments, Amy
- 1:16:06Speaker 7: was there. As you mentioned, she tragically passed away before
- 1:16:09Speaker 7: she could see the outcome of her seven-year fight for justice.
- 1:16:13Speaker 5: But she was there.
- 1:16:14Speaker 7: As she's going across the plaza, you have hundreds of
- 1:16:19Speaker 7: trans people led by Black trans women who are organizing rallies, chanting,
- 1:16:22Speaker 7: we love you, Amy. And that ultimately we live in
- 1:16:25Speaker 7: a moment where the discourse inside the courtroom is being
- 1:16:28Speaker 7: complemented by the discourse outside the courtroom. And so I
- 1:16:32Speaker 7: think it makes a difference so long as we tell
- 1:16:35Speaker 7: the right story. And that story begins a long time
- 1:16:38Speaker 7: ago with a lot of people fighting and that, you know,
- 1:16:41Speaker 7: we do have this conservative court and there are very
- 1:16:44Speaker 7: likely to do a lot of terrible things in the
- 1:16:46Speaker 7: coming weeks and we have to hold them to account
- 1:16:47Speaker 7: for that. DACA's before them, abortions before them, many other,
- 1:16:51Speaker 7: lots of damage that could be done. I think what
- 1:16:55Speaker 7: changes things and what sets the tone for transformation for
- 1:16:58Speaker 7: our communities is actually leveraging this moment and connecting it
- 1:17:03Speaker 7: to the leadership of the people who have fought and
- 1:17:05Speaker 7: died for so many trans people to live and for
- 1:17:08Speaker 7: the entire LGBTQ community. And I think hopefully we can
- 1:17:11Speaker 7: gain the momentum from today from yesterday in LA and
- 1:17:15Speaker 7: New York and people showing up for Black Trans Lives
- 1:17:17Speaker 7: from the last several weeks for people, you know, fighting
- 1:17:20Speaker 7: back against police murders, you know, to me, that is
- 1:17:23Speaker 7: how we leverage both the sort of reform-based realities of
- 1:17:28Speaker 7: legal work with the transformative realities of organizing and resistance.
- 1:17:33Speaker 2: Jay Strangio, a lot of work still to go. I
- 1:17:35Speaker 2: know you're not done, but Congratulations to you, to the ACLU.
- 1:17:39Speaker 2: Thank you for all your hard work. I hope you
- 1:17:41Speaker 2: can take a moment, even as this work is not done,
- 1:17:44Speaker 2: even as there are still terrible obstacles to overcome, to
- 1:17:48Speaker 2: celebrate what is a landmark, landmark achievement.
- 1:17:52Speaker 5: Thanks, John. And we will.
- 1:17:53Speaker 7: We'll celebrate and we'll honor that joy.
- 1:17:56Speaker 4: Thanks.
- 1:17:56Speaker 3: All right.
- 1:17:57Speaker 2: Chase, thank you very much.
- 1:17:58Speaker 7: Thanks so much.
- 1:18:04Speaker 1: Thanks to Wesley Lowery and thanks to Chase Strangio. And
- 1:18:07Speaker 1: we will talk to you guys later.
- 1:18:09Speaker 2: Oh, and just one final note. Hey, Ivanka, how about,
- 1:18:12Speaker 2: you know, fuck you? Thanks for the tweet, you absolute monster.
- 1:18:17Speaker 1: You don't think that did anything?
- 1:18:18Speaker 2: Every gay person you have ever known fucking hates you.
- 1:18:22Speaker 1: They hate you.
- 1:18:23Speaker 2: And you know what pride's about? Pride's about you never
- 1:18:25Speaker 2: knowing because some of them are nice to your face
- 1:18:27Speaker 2: because that's pride too. Okay?
- 1:18:30Speaker 1: That's pride too. In case you're listening, Ivanka Trump.
- 1:18:33Speaker 2: There's a chance.
- 1:18:34Speaker 4: There's a chance.
- 1:18:35Speaker 2: There's a chance.
- 1:18:36Speaker 1: There's a chance.
- 1:18:37Speaker 3: Maybe that cousin who leaked the documents and is writing
- 1:18:40Speaker 3: a tell-all or whatever she is.
- 1:18:42Speaker 2: Text this to her. Maybe the good Kushner. Maybe the
- 1:18:44Speaker 2: good Kushner.
- 1:18:45Speaker 4: Oh, yeah.
- 1:18:45Speaker 2: Which is only slightly better than the bad Kushner, let's
- 1:18:48Speaker 2: face it. But maybe the good Kushner can help. Bye.
- 1:18:58Speaker 1: Pod Save America is a product of Crooked Media. The
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- 1:19:05Speaker 1: It's mixed and edited by Andrew Chadwick. Kyle Seglin is
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