Latest / Pod Save America / “The world’s assignment editor.”
Transcript
- 0:01Speaker 1: We'll be right back.
- 0:20Speaker 2: Welcome to Pod Save America. I'm Jon Favreau.
- 0:22Speaker 1: I'm Jon Lovett.
- 0:23Speaker 3: I'm Tommy Vitor.
- 0:23Speaker 2: Later in the pod, you'll hear Lovett's interview with ACLU
- 0:26Speaker 2: attorney Chase Strangio about the Trump administration's most recent attempt
- 0:29Speaker 2: to roll back civil rights protections for transgender people. But first,
- 0:34Speaker 2: we're going to talk about the president siding with the
- 0:35Speaker 2: murderous tyrant over his own advisors and our allies, his
- 0:39Speaker 2: decision to use the powers of the presidency to go
- 0:41Speaker 2: after his political enemies, and all the latest 2020 news.
- 0:45Speaker 3: A light show.
- 0:45Speaker 2: Light show. After a holiday. Good times in America right now.
- 0:49Speaker 2: Love it? Yeah. Speaking of good times, how was Love
- 0:52Speaker 2: It or Leave It?
- 0:53Speaker 1: We had a great conversation with Norbeze Flint, Megan Gailey,
- 0:55Speaker 1: Joel Kim Booster. It's one of my favorite shows. Actually,
- 0:58Speaker 1: you know, we talked about the abortion bans that have
- 1:00Speaker 1: been passing, but we had one of the most interesting
- 1:02Speaker 1: conversations that I think we've had on Love It or
- 1:04Speaker 1: Leave It in a long time. So I really recommend
- 1:06Speaker 1: the episode.
- 1:06Speaker 3: Plus, it was funny.
- 1:07Speaker 1: Not that part. That part was very serious. But the
- 1:09Speaker 1: parts after it were funny. And actually, even some jokes
- 1:12Speaker 1: in that part. So check it out.
- 1:14Speaker 2: I hate to say it's unusual of it for you
- 1:16Speaker 2: to have your laptop here. In the studio. And I
- 1:19Speaker 2: see that it's open to your mentions.
- 1:20Speaker 1: Well, because I had it open for my conversation with Chase.
- 1:25Speaker 2: Oh.
- 1:26Speaker 3: I had questions.
- 1:26Speaker 2: Oh, look at you.
- 1:27Speaker 1: I had questions for my interview.
- 1:28Speaker 2: God, you're always so prepared. Also, check out the latest
- 1:31Speaker 2: episode of Hysteria, where Aaron Ryan and the crew recorded
- 1:33Speaker 2: a very powerful and personal episode about the human stakes
- 1:36Speaker 2: of the newest assault on reproductive rights. Definitely check it out.
- 1:40Speaker 2: It's a very, very powerful episode.
- 1:42Speaker 1: John, you can also see here that here is my
- 1:44Speaker 1: notes for what I was going to tell you about
- 1:45Speaker 1: Love It or Leave It.
- 1:46Speaker 2: A really great episode. It says so right there. It
- 1:49Speaker 2: says so right there.
- 1:50Speaker 1: See, I take notes.
- 1:52Speaker 3: Gotta prep. You need notes on that?
- 1:54Speaker 1: I wanted to remind myself.
- 1:57Speaker 2: Also, please go subscribe to our brand new Crooked Media podcast,
- 2:03Speaker 2: This Land, which is already climbing the charts and drops
- 2:06Speaker 2: on Monday, June 3rd. It is a riveting story about
- 2:09Speaker 2: a pair of murders and a Supreme Court case that
- 2:11Speaker 2: will decide the fate of half the land in Oklahoma.
- 2:14Speaker 2: hosted by Rebecca Nagel, a Cherokee journalist and activist. This
- 2:18Speaker 2: is going to be fantastic.
- 2:20Speaker 1: Sweeping the charts.
- 2:21Speaker 2: Please go subscribe. Subscribe now. Subscribe while you're listening to
- 2:25Speaker 2: this podcast. What are you waiting for? Beep boop bop.
- 2:27Speaker 3: Flying off the shelves.
- 2:28Speaker 2: Most important thing you can do. Um, and finally, today
- 2:31Speaker 2: is the day you can watch Running with Beto on HBO,
- 2:35Speaker 2: documentary about Beto O'Rourke's 2018 Senate campaign, uh, as well
- 2:40Speaker 2: as all the activists and volunteers who were part of it. Um,
- 2:44Speaker 2: It's fantastic. What else can we say about it? That's it.
- 2:47Speaker 2: It's about a moment.
- 2:48Speaker 3: About a moment in time.
- 2:49Speaker 4: People reacting to the Trump presidency and how we're going
- 2:52Speaker 4: to take it back, our democracy.
- 2:54Speaker 2: Yeah, so go check it out. Check it out on HBO.
- 2:56Speaker 2: We're very proud of it. All right, let's get to
- 2:59Speaker 2: the news. During his trip to Asia over the weekend,
- 3:02Speaker 2: Donald Trump said that he sees things differently than those
- 3:04Speaker 2: who believe that North Korea recently conducted missile tests that
- 3:07Speaker 2: violated a United Nations resolution. Those people include Japan's prime minister...
- 3:12Speaker 2: and Trump's own national security advisor, John Bolton, the president
- 3:16Speaker 2: tweeted the following, quote, North Korea fired off some small
- 3:19Speaker 2: weapons which disturbed some of my people and others, but
- 3:23Speaker 2: not me. Some of my people and others, but not me.
- 3:27Speaker 2: I have confidence that Chairman Kim will keep his promise
- 3:29Speaker 2: to me. And I also smiled when he called Swamp
- 3:32Speaker 2: Man Joe Biden a low IQ individual and worse. Perhaps
- 3:37Speaker 2: that's sending me a signal? For Christ's sakes, I mean... Tommy,
- 3:42Speaker 2: before we get to the Biden stuff, how concerning are
- 3:45Speaker 2: those test missiles and what is North Korea up to here?
- 3:49Speaker 4: Well, so, I mean, I don't know what Trump is seeing.
- 3:52Speaker 4: I assume a radar sees every missile the same way.
- 3:55Speaker 4: And these are ballistic missiles, according to his national security advisor.
- 3:59Speaker 4: And shooting off a ballistic missile is a violation of
- 4:02Speaker 4: a bunch of UN Security Council resolutions.
- 4:05Speaker 3: So it is.
- 4:08Speaker 4: Against international law. It is pretty scary if you live
- 4:11Speaker 4: in Japan or South Korea or anywhere where you could
- 4:14Speaker 4: be struck by one of these missiles. His team is
- 4:16Speaker 4: trying to play it down in this ongoing effort to
- 4:20Speaker 4: resuscitate a completely dead set of negotiations with North Korea
- 4:23Speaker 4: that's been a complete failure. But I don't think you
- 4:26Speaker 4: can really smooth over that stuff with happy talk and
- 4:29Speaker 4: pretending you didn't see what is right before your eyes,
- 4:32Speaker 4: which is a UN Security Council resolution violation and a
- 4:35Speaker 4: missile test. So it's just it's ludicrous.
- 4:38Speaker 2: At this point, what actions or behavior have we gotten
- 4:42Speaker 2: North Korea to change since the beginning of these so-called negotiations?
- 4:47Speaker 4: There were some swaps of remains of service members killed
- 4:50Speaker 4: in the Korean War. I mean, you know, there was
- 4:53Speaker 4: the saga, the tragedy of Otto Warmbier, whose body was
- 4:57Speaker 4: returned to the United States. But I mean, basically, Kim
- 4:59Speaker 4: has been enriching uranium and making more nuclear weapons for
- 5:02Speaker 4: about a year and a half and advancing his missile program.
- 5:06Speaker 2: Why do you think Trump would side with Kim over
- 5:11Speaker 2: all of our allies and his own national security team?
- 5:14Speaker 2: Is he just that horny for a deal or what's
- 5:17Speaker 2: going on here?
- 5:17Speaker 4: I mean, he ignores intelligence when he doesn't like it.
- 5:20Speaker 3: It's a pattern.
- 5:21Speaker 4: And I think that he knows that if he dangles
- 5:24Speaker 4: an attack on Biden out there in the tweet, even
- 5:27Speaker 4: if he spells his name wrong, which is weird. we
- 5:30Speaker 4: should just note that our president can't spell the last
- 5:32Speaker 4: vice president's name.
- 5:33Speaker 3: That's troubling.
- 5:34Speaker 2: And incredibly the least problematic part of the tweet. Yeah.
- 5:37Speaker 4: But you know, so he can dangle out that little
- 5:38Speaker 4: cable catnip and he can play assignment editor for a
- 5:42Speaker 4: bunch of journalists who then have to focus on this
- 5:44Speaker 4: stupid attack on Biden and distract from the fact.
- 5:47Speaker 3: That the policy is.
- 5:48Speaker 1: Yeah, he's done. He's, this is a, an area he
- 5:52Speaker 1: knows is fruitful in terms of getting people to talk
- 5:54Speaker 1: about what he said about his opponents. He knows that
- 5:57Speaker 1: he doesn't really care.
- 5:58Speaker 2: He does.
- 5:58Speaker 1: He, he, he instinctively knows that it's wrong to choose
- 6:02Speaker 1: to side with a tyrant over an American politician, but
- 6:04Speaker 1: then he knows it also gets him tons of attention.
- 6:06Speaker 1: So he's done it before. It's not the first time
- 6:08Speaker 1: he's said, you know who I like, this tyrant. It
- 6:10Speaker 1: makes our Democrats look like shit.
- 6:12Speaker 2: Yeah. I'm thinking back to.
- 6:14Speaker 3: An Obama, like if Obama had gone.
- 6:16Speaker 4: To Japan and there had been a North Korean missile
- 6:19Speaker 4: launch and the prime minister offered one view of what
- 6:23Speaker 4: that meant and Obama offered another, it would be seen
- 6:26Speaker 4: as a massive rupture and a decades old relationship, right?
- 6:29Speaker 4: It would be seen as like this incredible moment in
- 6:33Speaker 4: the history of our two countries. And Trump just kind
- 6:36Speaker 4: of lies through it and insults through it. And, you know,
- 6:40Speaker 4: I don't know why he thinks it's great to highlight
- 6:43Speaker 4: North Korean propaganda. Remember, they called him a mentally deranged U.S.
- 6:47Speaker 3: Dotard.
- 6:47Speaker 1: Yeah, dotard, dotard.
- 6:48Speaker 3: Not long ago. So, you know, it's really weird.
- 6:53Speaker 2: And also the follow up to like we know this
- 6:55Speaker 2: wasn't some errant tweet because Sarah Huckabee Sanders goes on
- 6:58Speaker 2: Meet the Press and and she says, well, you know,
- 7:02Speaker 2: I think that Donald Trump and Kim Jong Un agree
- 7:04Speaker 2: in their assessment of Vice President Biden. Like how concerning
- 7:08Speaker 2: should that be that the president states is siding with
- 7:13Speaker 2: a murderous tyrant over a possible political opponent and a
- 7:18Speaker 2: former vice president states?
- 7:20Speaker 4: I mean, it's a lot less concerning the fact that
- 7:22Speaker 4: the negotiations with North Korea that are designed to deal
- 7:26Speaker 4: with their nuclear weapons program have completely failed. I think
- 7:28Speaker 4: that's the point, that they can dangle this stupid shit
- 7:31Speaker 4: out there and Chuck Todd has to ask two or
- 7:33Speaker 4: three minutes about it. And we liberals get our backs
- 7:36Speaker 4: up and we're like, how dare you side with Kim
- 7:38Speaker 4: Jong-un over Joe Biden? And, you know, his people don't care.
- 7:41Speaker 4: They love when he attacks us. They love when he
- 7:43Speaker 4: attacks Democratic politicians on foreign soil. Like all the norms
- 7:46Speaker 4: are gone and broken. And I think we've all long
- 7:49Speaker 4: past moved on from, you know, any sort of concern
- 7:52Speaker 4: that he would.
- 7:53Speaker 3: Hold up those norms. So I don't know. I'm just
- 7:55Speaker 3: like fed up with the bullshit.
- 7:56Speaker 2: Yeah.
- 7:56Speaker 1: I mean, I guess I'm, I agree. It's almost, it's
- 8:00Speaker 1: sort of, this is not new, right? We shouldn't be
- 8:03Speaker 1: so surprised. Like this is how Trump speaks about his opponents.
- 8:06Speaker 1: I do think the bigger issue is the fact that
- 8:08Speaker 1: in his, you know, permanent 1980s negotiation over granite countertops,
- 8:15Speaker 1: he thinks buttering up Kim Jong-un is still the right
- 8:18Speaker 1: thing to do and the only path forward um you
- 8:21Speaker 1: know in fairness to him there is no obvious good
- 8:25Speaker 1: negotiation yeah but enough of.
- 8:27Speaker 4: That fairness like there is a better way to run
- 8:29Speaker 4: a set of negotiations of course of course totally failed
- 8:31Speaker 4: like we're way too soft on him on this front
- 8:34Speaker 4: i'm not being soft i'm just saying that like there's
- 8:36Speaker 4: no it's like what he could he could say create
- 8:39Speaker 4: he could say incredibly critical things about kim jong-un he
- 8:41Speaker 4: continued to say the most farcical and evil things about
- 8:43Speaker 4: Kim Jong-un by comparing him to Joe Biden, we're still
- 8:45Speaker 4: in the same bad place we are with these negotiations.
- 8:47Speaker 4: But we're in a worse place when you are able
- 8:49Speaker 4: to split the president of the United States from his
- 8:51Speaker 4: national security advisor, split the U.S. and Japan and South Korea, right?
- 8:55Speaker 4: Like that is how he's weakened our position in these negotiations,
- 8:58Speaker 4: in my opinion. And that is like the fundamental policy
- 9:01Speaker 4: failure that's not getting surfaced because he's calling names.
- 9:05Speaker 1: It is so intense to go on Twitter and just
- 9:06Speaker 1: be like, John Bolton's an idiot.
- 9:08Speaker 2: Yeah.
- 9:08Speaker 4: I mean, North Korea on Monday called Bolton a warmonger
- 9:11Speaker 4: and a defective human product. So, you know, there's a
- 9:13Speaker 4: lot of name calling.
- 9:15Speaker 2: Broken clock, right?
- 9:16Speaker 1: I was about to say, wait, let's hear these people out.
- 9:21Speaker 2: How should Democrats handle these sorts of attacks, Tommy? And
- 9:25Speaker 2: what kind of case should the presidential candidates be making
- 9:28Speaker 2: against Trump on foreign policy in a broader sense? Like,
- 9:30Speaker 2: is there any way to sort of connect these dots
- 9:33Speaker 2: of what happened with his comments on North Korea and
- 9:36Speaker 2: Biden over the weekend to sort of other instances?
- 9:39Speaker 4: Yeah, I mean, I think that he hasn't delivered on
- 9:40Speaker 4: any of his promises. You know, he said he would
- 9:42Speaker 4: get us out of wars in Afghanistan and he actually
- 9:44Speaker 4: sent more troops. His team ran this play in Venezuela
- 9:48Speaker 4: to install Juan Guaido as the president and it's completely failed.
- 9:52Speaker 4: He did this big set of negotiations on North Korea
- 9:56Speaker 4: and they have completely failed to achieve the directive. So
- 9:59Speaker 4: in all those instances, he hasn't lived up to his
- 10:01Speaker 4: promises and he seems to like spending time with these
- 10:04Speaker 4: dictators and tyrants and not reaffirming alliances with Europeans, Japan,
- 10:10Speaker 4: South Korea, all the people who actually help us achieve
- 10:12Speaker 4: the things we're trying to do. So I do think
- 10:14Speaker 4: we should be making a case on foreign policy. It's
- 10:17Speaker 4: just it's not as It's a little more complicated than
- 10:21Speaker 4: just pointing out that he's a climate denier or that
- 10:24Speaker 4: he's a horrible human being.
- 10:25Speaker 2: No, look, I do think that last point, in foreign policy,
- 10:30Speaker 2: he puts his personal relationships for political and financial gain
- 10:36Speaker 2: ahead of the country's national security over and over again.
- 10:40Speaker 2: He signs with Kim Jong-un when he attacks a former
- 10:45Speaker 2: vice president of the United States. He sides with Vladimir
- 10:48Speaker 2: Putin over the intel community when every piece of intelligence
- 10:53Speaker 2: says that Putin sabotaged our election and may do so again.
- 10:57Speaker 2: He sides with the Saudis when they murdered a Washington
- 11:01Speaker 2: Post journalist and has now decided to go around Congress
- 11:05Speaker 2: and sell weapons directly to them. So time and time again,
- 11:09Speaker 2: he keeps siding with these murderous dictators because... Why?
- 11:15Speaker 1: You know, like.
- 11:15Speaker 3: Envies them.
- 11:16Speaker 2: I guess envies them. And he sort of, he wants
- 11:19Speaker 2: the deal. He wants the personal relationship. And it's at
- 11:22Speaker 2: the expense of our national security over and over again.
- 11:24Speaker 2: And I feel like some Democratic candidate, hopefully most Democratic candidates,
- 11:29Speaker 2: can go out there and sort of connect all these
- 11:31Speaker 2: dots together. Because I actually, I haven't heard anyone really
- 11:34Speaker 2: do that.
- 11:36Speaker 1: There's a podcast called Dr. Death in which a... insane
- 11:41Speaker 1: narcissistic surgeon is just going into people's backs, like attaching
- 11:44Speaker 1: screws to the wrong place, making huge mistakes and then
- 11:47Speaker 1: sealing up and going, I'm the best surgeon in the world.
- 11:49Speaker 1: Like basically that is sort of a Donald Trump approach
- 11:51Speaker 1: to negotiations. Like he, he gets in there. He's like,
- 11:54Speaker 1: I'm the fucking best.
- 11:54Speaker 2: I'm going to walk in there.
- 11:55Speaker 1: I'm going to fucking charm the charm, the fucking missiles
- 11:58Speaker 1: off of this Kim Jong-un.
- 11:59Speaker 2: I'm going to get those missiles.
- 12:00Speaker 1: And then he's not going to get him. He's like, ah,
- 12:02Speaker 1: I mean, take another bite at this.
- 12:03Speaker 2: I'm going to.
- 12:03Speaker 1: Fucking crush it.
- 12:04Speaker 4: This perception of Trump as opposing wars in the Middle
- 12:08Speaker 4: East was very beneficial to him. Remember Maureen Dowd's column,
- 12:12Speaker 4: Donald the Dove, Hillary the Hawk? That was a big
- 12:15Speaker 4: seminal thing. People thought that Hillary was going to get
- 12:17Speaker 4: us into wars, Trump would get us out. The opposite
- 12:19Speaker 4: has happened. We need to make that case.
- 12:21Speaker 1: It really is. We're constantly paying for the mistakes of 2016. Obviously,
- 12:24Speaker 1: the country and maybe the planet will pay for them
- 12:26Speaker 1: for the rest of humanity's existence. But there was a
- 12:29Speaker 1: period of time where Trump was a pro-gay dove.
- 12:32Speaker 5: Yeah.
- 12:33Speaker 2: And.
- 12:34Speaker 1: here we are, as he is laying waste to rules
- 12:37Speaker 1: protecting trans people and pursuing escalation in the Middle East
- 12:44Speaker 1: and in South America. And it's like, well.
- 12:47Speaker 2: It's just a betrayal of the country, too. It's a
- 12:50Speaker 2: betrayal of his own country. What he's doing with Putin
- 12:53Speaker 2: and MBS and Kim Jong-un, he is betraying his country.
- 12:58Speaker 2: He hates Democrats more than he wants to be tough
- 13:03Speaker 2: on actual murderous tyrants all around the world. That's how
- 13:06Speaker 2: much he hates his perceived political enemies and opposition in
- 13:09Speaker 2: this country.
- 13:10Speaker 1: I also think that's actually, it's actually even giving him
- 13:12Speaker 1: too much credit to suggest that he hates. It's actually,
- 13:15Speaker 1: I think it's even more cynical than that, right? It's,
- 13:18Speaker 1: he sees value in taking this position.
- 13:19Speaker 3: Personal value.
- 13:20Speaker 1: Personal value in taking these positions. It's all about himself.
- 13:22Speaker 1: And I think the question we should be asking is
- 13:23Speaker 1: actually less like, can you believe that Donald Trump said this?
- 13:26Speaker 1: Can you believe that once again, he chose to side
- 13:28Speaker 1: with the dictator over fucking Joe Biden? It's more, how
- 13:32Speaker 1: sad is it the state of the Republican Party, that
- 13:35Speaker 1: an American president can say something like this about their opponents.
- 13:38Speaker 1: And there's just no outrage, nothing. There's either.
- 13:43Speaker 3: A.
- 13:43Speaker 2: Few statements here and there. A few Republican congressmen have some.
- 13:47Speaker 1: But not the kind of... And in part because they
- 13:49Speaker 1: know that due to Fox News and sort of the
- 13:52Speaker 1: way in which their own base has been anesthetized, that
- 13:54Speaker 1: there's just no cost for Trump to say something like
- 13:57Speaker 1: this and that there's only cost to really saying the
- 14:00Speaker 1: truth about about Donald Trump when he does attack an
- 14:02Speaker 1: American like this.
- 14:03Speaker 2: Yeah. It's all about himself. It's all a short-term game.
- 14:06Speaker 2: All right. So the president is now doing more than
- 14:10Speaker 2: just tweeting about the people on his enemies list.
- 14:12Speaker 1: Yeah.
- 14:13Speaker 2: On Thursday, Trump issued a directive granting Attorney General William
- 14:16Speaker 2: Barr the power to unilaterally declassify any government secrets held
- 14:20Speaker 2: by our intelligence agencies and law enforcement so he can
- 14:23Speaker 2: investigate whether Robert Mueller's investigation was really just a deep
- 14:28Speaker 2: state coup started by the Obama administration. Cool. Tommy, how
- 14:31Speaker 2: unusual and dangerous is a move like this?
- 14:34Speaker 4: So the declassification memo is a big deal. Basically, the
- 14:38Speaker 4: classification process and declassification process is governed by a series
- 14:42Speaker 4: of executive orders. And he basically just sort of rewrote
- 14:44Speaker 4: that on the fly and inserted the attorney general above
- 14:48Speaker 4: that process. Normally, if you're the head of the CIA,
- 14:50Speaker 4: you can classify, declassify things and grant people access to
- 14:53Speaker 4: that information.
- 14:54Speaker 3: He just slotted the AG up on top.
- 14:56Speaker 4: And so the Normally, I wouldn't be reflexively opposed to
- 15:00Speaker 4: an effort to increase transparency and declassify things, except for
- 15:04Speaker 4: the fact that Bill Barr is running it. And he
- 15:05Speaker 4: has already shown himself more than willing to cherry pick
- 15:08Speaker 4: information to paint some deep state fever dream of a
- 15:12Speaker 4: conspiracy to take down the president. So they are clearly
- 15:16Speaker 4: trying to bring Biden into this in every way possible.
- 15:18Speaker 3: It seems very.
- 15:18Speaker 4: Likely that they'll look for like the next iteration of
- 15:21Speaker 4: the Peter Strzok text messages where somebody says, you know,
- 15:25Speaker 4: Donald Trump's an idiot in some random email. And it
- 15:28Speaker 4: was classified because someone at the agency sent it to
- 15:30Speaker 4: someone at the FBI. And suddenly it's part of this conspiracy,
- 15:34Speaker 4: you know, web we're weaving. But it's like, I think
- 15:38Speaker 4: that I want to just sort of calm down all
- 15:41Speaker 4: the people that are like, humans will die. You know,
- 15:44Speaker 4: you just hear that too much. The government cries wolf
- 15:47Speaker 4: too much when we're talking about classified information. But there
- 15:50Speaker 4: have been reports that the CIA at some source close
- 15:53Speaker 4: to Putin who helped us figure out that Putin personally
- 15:56Speaker 4: greenlit the election interference, if that name gets out there,
- 15:59Speaker 4: that guy's toast, right? So there are real stakes to
- 16:02Speaker 4: this major change, and it's clearly politicized.
- 16:05Speaker 2: Also, what does it mean for sort of intel officials
- 16:09Speaker 2: and law enforcement officials who are out there, you know,
- 16:11Speaker 2: trying to get this information?
- 16:13Speaker 4: Yeah, I mean, look, if I'm another country, you're looking,
- 16:15Speaker 4: I mean, you've been looking at us like we're insane
- 16:17Speaker 4: for like years, right? But I mean, if you're a
- 16:19Speaker 4: foreign intelligence service, You're like, wait, what? You've changed the
- 16:23Speaker 4: process to make it easier to release this information?
- 16:26Speaker 3: Why would we help you?
- 16:27Speaker 4: Why would we, as a liaison intelligence service, provide you information?
- 16:32Speaker 4: It's pretty transparently political and politicizing intelligence information.
- 16:39Speaker 1: Yeah, it really does seem like Barr is becoming a
- 16:42Speaker 1: more sophisticated version of Devin Nunes.
- 16:44Speaker 3: Yes, exactly.
- 16:45Speaker 1: Sort of an internal... Imagine if.
- 16:49Speaker 1: Devin Nunes is what would happen if sort of William
- 16:52Speaker 1: Barr was walking near a construction site and a cinder
- 16:54Speaker 1: block fell on his head. Like that's what Devin Nunes
- 16:56Speaker 1: has been for a very long time. So now we're
- 16:58Speaker 1: back to kind of now we have a real sophisticate
- 17:02Speaker 1: at the core of this as opposed to a bumbling
- 17:04Speaker 1: Twitter sewer. So that is very alarming. But, you know,
- 17:09Speaker 1: it reminds me of Benghazi, too, in that. On any level,
- 17:12Speaker 1: it is cynical and sinister, right? Giving Barr this power
- 17:17Speaker 1: to declassify things. It carries grave risks. It's clearly a
- 17:19Speaker 1: partisan effort. All that is true. But it's worth remembering
- 17:23Speaker 1: that the core supposition of all of this is made up.
- 17:27Speaker 2: It's made up. I was just going to say, like,
- 17:28Speaker 2: what really drives me crazy about this is why we
- 17:31Speaker 2: have to continually relitigate why the Russia investigation began. Let's
- 17:37Speaker 2: do it one more time, okay? Just very quickly. In
- 17:41Speaker 2: July of 2016, we find out that Russia has stolen
- 17:44Speaker 2: emails and starts disseminating emails from the Democrats. And what happens?
- 17:48Speaker 2: An Australian diplomat says, oh, by the way, I was
- 17:52Speaker 2: with a Trump foreign policy aide who told me that
- 17:55Speaker 2: the Russians told him they have a bunch of damaging
- 17:57Speaker 2: emails on Hillary Clinton. If you're the FBI and you
- 18:01Speaker 2: don't open an investigation because of that, you have nothing.
- 18:04Speaker 3: You're not doing your job.
- 18:05Speaker 2: Really, really fucked up.
- 18:06Speaker 1: And not to mention what happens in this apparent coup attempt.
- 18:10Speaker 1: There are two simultaneous investigations going on. One of Hillary
- 18:13Speaker 1: Clinton and one of Donald Trump. They keep the Donald
- 18:16Speaker 1: Trump one a secret till after he's fucking president of
- 18:20Speaker 1: the United States while going on television to tell us
- 18:23Speaker 1: just how close to being a criminal Hillary Clinton was.
- 18:26Speaker 1: So this great coup attempt by fucking Eric Holder and
- 18:29Speaker 1: Samantha Powers really shot the bed.
- 18:32Speaker 2: And also looked like Spying on the Trump campaign, blah, blah, blah, blah.
- 18:35Speaker 2: Let's talk about the spying. It was one fucking person
- 18:39Speaker 2: named Carter Page who was known as a potential Russian
- 18:42Speaker 2: asset before he ever joined the campaign and wasn't surveilled
- 18:47Speaker 2: until after he left the campaign and the application to
- 18:51Speaker 2: conduct surveillance on Carter Page. was not some deep state plot.
- 18:54Speaker 2: It was approved by multiple judges.
- 18:57Speaker 1: Judges appointed by who, John?
- 18:58Speaker 2: Republicans, over and over again. That was it. So if
- 19:00Speaker 2: they were going to do surveillance on the Trump campaign,
- 19:03Speaker 2: they really fucked up by only picking Carter Page.
- 19:05Speaker 1: And wait, I hope that we could get to the
- 19:07Speaker 1: bottom of the sexy text messages. Perhaps we should be
- 19:10Speaker 1: able to read them, the text messages that are the
- 19:12Speaker 1: core of this, that reveal of this deep state plot.
- 19:14Speaker 1: Is there any way we might be able to get
- 19:15Speaker 1: our hands on these text messages? Oh, they're already released.
- 19:18Speaker 1: They've already been released. There already was an investigation.
- 19:20Speaker 3: There's a reasonable conversation.
- 19:21Speaker 4: To be had about the FISA courts, the Foreign Intelligence
- 19:24Speaker 4: Surveillance Act courts.
- 19:26Speaker 3: This is not that. This is nonsense.
- 19:28Speaker 1: There's a lot of reasonable conversations to be had.
- 19:30Speaker 4: This is Trump is also saying that he wants Barr
- 19:32Speaker 4: to scrutinize the role the Australians and the British governments
- 19:34Speaker 4: played in this process. So he wants to go after
- 19:39Speaker 4: allies for trying to help him prevent a Russian agent
- 19:43Speaker 4: from penetrating his campaign.
- 19:45Speaker 2: Tell me, it's deeper than you think. It goes deeper.
- 19:46Speaker 2: It goes to the Australians, to the British. Well, it
- 19:49Speaker 2: goes kangaroos.
- 19:50Speaker 3: They just hop around.
- 19:51Speaker 4: But then on top of that, I mean, we've never
- 19:52Speaker 4: even really mined the fact that Rudy Giuliani was getting
- 19:56Speaker 4: leaks from the FBI right before the campaign and was
- 20:00Speaker 4: talking on TV about that information.
- 20:03Speaker 3: So whatever.
- 20:04Speaker 2: I mean, You can think that this is Barr just
- 20:07Speaker 2: appeasing Trump in his crazy tweets, but it does seem
- 20:09Speaker 2: like this is a broader, consistent strategy here. During a
- 20:14Speaker 2: press conference on Thursday, NBC's Peter Alexander said to Trump, Sir,
- 20:18Speaker 2: the Constitution says treason is punishable by death. You've accused
- 20:21Speaker 2: your adversaries of treason. Who specifically are you accusing of treason?
- 20:25Speaker 2: Without missing a beat, Trump says, Well, I think a
- 20:28Speaker 2: number of people. If you look at Comey, if you
- 20:29Speaker 2: look at McCabe, if you look at people, probably higher
- 20:32Speaker 2: than that. Then Wyoming Congresswoman Liz Cheney said in an
- 20:35Speaker 2: interview on ABC on Sunday that the Mueller investigation, quote,
- 20:38Speaker 2: could well be treason. Former Trump lackey Corey Lewandowski says
- 20:42Speaker 2: in an interview, quote, I think we're going to see
- 20:44Speaker 2: that Biden is behind the Steele dossier, that James Comey,
- 20:47Speaker 2: Andy McCabe, Strzok, and Page will be on trial for
- 20:50Speaker 2: the crimes they committed against the Fourth Amendment and against
- 20:53Speaker 2: this president. Should we take this literally, seriously, or both?
- 20:58Speaker 1: You know, it's... It's not the first time a reporter
- 21:02Speaker 1: has given Trump the opportunity to say something truly insane,
- 21:05Speaker 1: to kind of like tee him up. So he says like,
- 21:07Speaker 1: all right, you want me to say the most crazy
- 21:08Speaker 1: fucking thing?
- 21:09Speaker 3: I'm in.
- 21:09Speaker 2: I'll say it.
- 21:10Speaker 1: I'll say whatever you want. Treason? Yeah, kill him. Kill
- 21:12Speaker 1: them all. So, you know, I was thinking about this
- 21:16Speaker 1: today because we really do feel like we're in this
- 21:20Speaker 1: in-between space, sort of there is the harbinger of the
- 21:25Speaker 1: next step in American depth, like in in the devolution
- 21:28Speaker 1: of our politics. We are hinting at show trials. We
- 21:31Speaker 1: are hinting at charges like this. We are tilting toward it.
- 21:34Speaker 1: And we also know that one of the reasons some
- 21:36Speaker 1: of the more heinous anti-American norm violations that Trump sought,
- 21:43Speaker 1: like arresting his opponents and pursuing his opponents, were only
- 21:45Speaker 1: stopped because people around Trump weren't willing to do it.
- 21:48Speaker 1: So I don't think anyone knows the answer. And on
- 21:51Speaker 1: the one hand, I don't want to say now's the
- 21:53Speaker 1: time to ring the alarm, you know, Trump's about to
- 21:58Speaker 1: put people on trial for treason. But at the same time,
- 22:00Speaker 1: I think it's silly to pretend that Trump doesn't mean
- 22:03Speaker 1: what he says. You know, I'm like of two minds
- 22:05Speaker 1: about it.
- 22:05Speaker 4: We got it's got a real Weimar Republic vibe to it.
- 22:07Speaker 4: I mean, this is intense, serious stuff. And I would
- 22:10Speaker 4: be great if, you know, when a fucking Liz Cheney
- 22:12Speaker 4: says a word like treason, that the entire interview stops
- 22:15Speaker 4: and pauses and focuses on nothing but that word for
- 22:18Speaker 4: the duration, given that is a capital offense where you
- 22:21Speaker 4: can lose your life for treasonous activity. I mean, it's
- 22:24Speaker 4: It's a big word that Democrats shouldn't throw around. None
- 22:26Speaker 4: of us should throw around. It's a significant charge.
- 22:28Speaker 2: Also, even in the best case scenario where this is
- 22:32Speaker 2: all just bluster from Trump and his goons.
- 22:34Speaker 1: Fascism for the cameras.
- 22:36Speaker 2: It is very difficult to see the consequences, the exact
- 22:40Speaker 2: consequences of where this may lead. Let's not forget that
- 22:44Speaker 2: a month before the midterm election, there was a man,
- 22:48Speaker 2: a Trump supporter, who sent fucking pipe bombs to leading Democrats.
- 22:52Speaker 2: When Trump is at a rally and starts talking about
- 22:54Speaker 2: treason and the crowd starts saying, lock them up, and
- 22:58Speaker 2: he says the attorney general is on to it, don't worry,
- 23:01Speaker 2: he's going to look at it, what do you think
- 23:02Speaker 2: that starts telling people when they hear that the president
- 23:05Speaker 2: of the United States starts saying to them that Obama
- 23:08Speaker 2: administration officials, law enforcement officials, intel officials have committed treason
- 23:12Speaker 2: against this country? What does that do to people who
- 23:14Speaker 2: are already a bit unstable?
- 23:16Speaker 3: You can't unring that fascist bell. No, you can't.
- 23:19Speaker 1: And it's also, too, a reminder that... Liz Cheney was
- 23:23Speaker 1: Donald Trump before Donald Trump came along. She is somebody
- 23:26Speaker 1: who for years, you know, when she said, you know,
- 23:29Speaker 1: whose side are they on about Democrats for a long time?
- 23:33Speaker 1: She like basically viewed Democrats as being disloyal to the country.
- 23:37Speaker 1: She was the one who led the charge against the
- 23:39Speaker 1: Ground Zero Mosque, as they called it at the time.
- 23:42Speaker 1: You know, her political action committee basically accused several Justice
- 23:44Speaker 1: Department lawyers of Al Qaeda sympathies.
- 23:46Speaker 2: Remember that?
- 23:47Speaker 1: So, you know, it's worth remembering that this strain of
- 23:51Speaker 1: vile kind of attack has been with the Republican Party
- 23:55Speaker 1: for a very, very long time. And they're inviting everyone
- 24:02Speaker 1: to follow the logical conclusion of what they're saying. And
- 24:05Speaker 1: maybe they'll do it for real or maybe they just
- 24:06Speaker 1: want the points, but it's awful.
- 24:08Speaker 2: Yeah. And I also say the media has a responsibility
- 24:10Speaker 2: here as well, because what happens when Bill Barr drops
- 24:15Speaker 2: his big report? his investigation into the origins of the
- 24:19Speaker 2: Russ investigations a week before the election or on the
- 24:22Speaker 2: eve of the Democratic convention.
- 24:24Speaker 4: Or when it turns out to be entirely focused on
- 24:26Speaker 4: Joe Biden for no good reason.
- 24:28Speaker 2: Exactly.
- 24:28Speaker 4: I mean, clearly Biden's being worked into this conversation because
- 24:31Speaker 4: they currently view him as the biggest threat to Donald Trump.
- 24:34Speaker 2: Right. And how seriously does the media take this? Because
- 24:38Speaker 2: they didn't do a great job with the Devin Nunes
- 24:41Speaker 2: release the memo bullshit. They didn't do a great job
- 24:43Speaker 2: with the Strzok and Lisa Page text messages that came out.
- 24:46Speaker 2: They all treated it as big fucking breaking news that
- 24:48Speaker 2: was serious.
- 24:49Speaker 1: And they didn't do a great job with the fucking
- 24:50Speaker 1: four-page bar memo.
- 24:52Speaker 2: Horrible job with the bar memo. So when are we
- 24:54Speaker 2: going to learn that, like, whatever comes out of Bill
- 24:57Speaker 2: Barr's office about the origins of the arrest investigation should
- 25:00Speaker 2: be treated like a fucking press release from the Trump campaign.
- 25:03Speaker 2: And no more serious.
- 25:04Speaker 4: I think the real big story and big takeaway is
- 25:07Speaker 4: that the office of the attorney general has been just
- 25:10Speaker 4: fundamentally tainted. And it's not going to be fixed until
- 25:13Speaker 4: we have a new president of the United States. And
- 25:15Speaker 4: it's something that's hard to grapple with.
- 25:17Speaker 2: It's a political arm of the Trump campaign. That's what
- 25:19Speaker 2: the attorney general's. That's what the Department of Justice at
- 25:21Speaker 2: the highest levels is right now.
- 25:22Speaker 1: You know, and Brian Boitler on Crooked.com made this point.
- 25:25Speaker 1: And I think it's worth making. Look, you know, he's
- 25:27Speaker 1: been one of the people ringing the bell, the bell
- 25:30Speaker 1: being banging the drum. bells and drums, saying that the
- 25:35Speaker 1: only logical step for Democrats to take is impeachment. And
- 25:37Speaker 1: without impeachment, you're left open to these sort of specious
- 25:40Speaker 1: investigations by Barr, etc. And I think that that is
- 25:43Speaker 1: a debate worth having. But even apart from that, Democrats
- 25:48Speaker 1: in Congress need a plan to counteract what Barr eventually does.
- 25:53Speaker 1: And they need to be ready with the fuller story
- 25:57Speaker 1: when Barr inevitably releases some completely one-sided document accusing Democrats
- 26:05Speaker 1: of malfeasance based on a totally unfair reading of intelligence
- 26:09Speaker 1: that they have access to, that members of Congress have
- 26:13Speaker 1: access to.
- 26:13Speaker 2: And I will say it's another argument for pursuing impeachment proceedings,
- 26:16Speaker 2: because impeachment proceedings may be the one way to wrestle
- 26:20Speaker 2: the megaphone away from Donald Trump and Bill Barr and
- 26:24Speaker 2: focus the country's attention on exactly what they're doing. Because
- 26:28Speaker 2: right now, it's pretty hard to get that megaphone. And
- 26:32Speaker 2: the investigations aren't doing it because they're being stonewalled. And
- 26:35Speaker 2: the Democrats don't have a single message on this. And
- 26:38Speaker 2: like you said, everyone's out there banging their own drum,
- 26:41Speaker 2: ringing their own bells. But there's no focused attention on
- 26:45Speaker 2: exactly what's happening right now. And whether they pursue impeachment
- 26:48Speaker 2: proceedings or not, this is going to happen. The Trump
- 26:51Speaker 2: campaign and Bill Barr are going to run their play
- 26:53Speaker 2: no matter what. So we can either, you know, look
- 26:57Speaker 2: at it and yell at it or we can try
- 26:59Speaker 2: to uh focus everyone's attention on exactly what's happening it's.
- 27:02Speaker 1: Quite an amazing thing to watch as uh they run
- 27:06Speaker 1: the exact same playbook with actually some of the same
- 27:09Speaker 1: accusations and allegations but just cross out the names like
- 27:13Speaker 1: clinton or obama and just put the name biden in
- 27:16Speaker 1: and just say it and say it and say it
- 27:18Speaker 1: until it's just one of two viewpoints.
- 27:20Speaker 2: Which the steel dossier thing is the is the funniest
- 27:22Speaker 2: thing right like like By the time the Steele dossier
- 27:24Speaker 2: was released, right, it was like in the middle of
- 27:26Speaker 2: the 2016 campaign. Joe Biden looked like he was going
- 27:28Speaker 2: to go retire from public life for good, right?
- 27:31Speaker 1: He was recovering from horrific tragedy.
- 27:33Speaker 3: He had nothing to do with it.
- 27:34Speaker 2: It's literally just putting his name and Steele dossier in
- 27:37Speaker 2: the same sentence. There's nothing else to do with it.
- 27:39Speaker 2: It is lazy, but it is the kind of thing
- 27:40Speaker 2: that gets picked up.
- 27:41Speaker 1: You got Rudy Giuliani running around Kiev with a magnifying
- 27:44Speaker 1: glass looking for fucking clues.
- 27:45Speaker 3: Yeah, dusting for prints on various doorknobs. Watson, Watson.
- 27:48Speaker 1: Oh, I'm sorry. I'm talking to a fucking glass of scotch.
- 27:51Speaker 2: All right. Let's talk about the 2020 democratic primary, which
- 28:04Speaker 2: the president has decided to get involved in beyond just
- 28:06Speaker 2: insults and nicknames that lead to entire New York time stories.
- 28:10Speaker 2: On Monday night, he tweeted anyone associated with the 1994
- 28:12Speaker 2: crime bill. He's He's really concerned about the crime bill now.
- 28:16Speaker 2: It's just out of the blue on Monday night. Anyone
- 28:19Speaker 2: associated with the 1994 crime bill will not have a
- 28:21Speaker 2: chance of being elected. In particular, African Americans will not
- 28:23Speaker 2: be able to vote for you. Joe Biden was so
- 28:26Speaker 2: heavily involved in passing that bill. I, on the other hand,
- 28:28Speaker 2: was responsible for criminal justice reform, which helped fix the
- 28:31Speaker 2: crime bill. What's Trump trying to do here, guys?
- 28:36Speaker 1: It's actually very subtle and hard to suss out.
- 28:40Speaker 2: It seems to be for some people.
- 28:42Speaker 1: He is trying to depress Democratic turnout. Yeah, that's it.
- 28:46Speaker 4: He's just trying to, you know, he sees an attack
- 28:49Speaker 4: from the left on Joe Biden about the crime bill,
- 28:51Speaker 4: and he loves to just dive into whatever stream of,
- 28:55Speaker 4: you know, fighting he sees out there.
- 28:56Speaker 3: It's so cynical and so obvious.
- 28:59Speaker 2: Yeah, well, and I should say, too, because the reaction
- 29:01Speaker 2: from some folks on the left has been, well, this
- 29:05Speaker 2: is an example of, you know, why we shouldn't nominate Biden,
- 29:09Speaker 2: because the further left goes, we nominate someone, the harder
- 29:13Speaker 2: it's going to be for Trump to try to divide
- 29:14Speaker 2: the party and attack that person from the left. You know,
- 29:18Speaker 2: vote for whoever you want in the primary. Scrutinize everyone's
- 29:21Speaker 2: records in the primary, for sure. If they had a
- 29:23Speaker 2: bad vote in the past, talk about their bad vote.
- 29:25Speaker 2: But don't for a second think that Donald Trump won't
- 29:30Speaker 2: be able to successfully do this to any one of
- 29:33Speaker 2: the Democratic candidates who become the nominee. He will find
- 29:37Speaker 2: something with every single one. In this case, Bernie also
- 29:40Speaker 2: voted for the crime bill in addition to Joe Biden,
- 29:43Speaker 2: so he could do that with him. He could find
- 29:45Speaker 2: something with Elizabeth Warren. He could find something with Beto O'Rourke.
- 29:47Speaker 2: He could find something with Pete Buttigieg. He will find
- 29:49Speaker 2: something with all of them. His purpose in the primary
- 29:52Speaker 2: is to try to divide Democrats against each other, and
- 29:54Speaker 2: we shouldn't let him do that. The fight should be
- 29:56Speaker 2: among ourselves. We shouldn't let Donald Trump do it for us.
- 29:58Speaker 3: Yeah, we have to.
- 30:00Speaker 4: see a bad faith attack for what it is and
- 30:01Speaker 4: just call it out. I mean, look, there's a, there's
- 30:03Speaker 4: an important debate to be had about the crime bill
- 30:06Speaker 4: and about mass incarceration and the role it did or
- 30:08Speaker 4: did not play. That's a worthy discussion. Don't let Trump
- 30:11Speaker 4: kickstart it. Yeah.
- 30:12Speaker 1: I mean, Trump tried to, uh, execute innocent, uh, black
- 30:16Speaker 1: teenagers because, uh, they were black and he wanted the headlines.
- 30:19Speaker 1: So yeah, let's, um, eyes on the prize.
- 30:22Speaker 2: What he's trying to do. He's trying to be the
- 30:23Speaker 2: assignment editor for the primary.
- 30:25Speaker 5: Yeah.
- 30:25Speaker 3: That's his whole list for it.
- 30:27Speaker 4: He is.
- 30:28Speaker 1: Oh my, oh my God. He is the world's assignment editor.
- 30:32Speaker 1: The whole planet elected him the fucking public editor. The
- 30:35Speaker 1: Times got rid of their public editor and the world
- 30:37Speaker 1: replaced them with Donald fucking Trump. He's the, I'm freaking out.
- 30:40Speaker 2: That's all he has to do is, and you know, look,
- 30:45Speaker 2: we can debate whether it's some brilliant strategy on his
- 30:47Speaker 2: part or just like he saw something on the crawl
- 30:50Speaker 2: of Fox and Friends and decided to tweet, right? Like
- 30:52Speaker 2: who knows? It could be both. But when he does
- 30:54Speaker 2: something like this, Now everyone's going to be jumping in
- 30:58Speaker 2: and talking about what he wants us to talk about.
- 31:00Speaker 4: Well, he thinks he has a record on criminal justice
- 31:02Speaker 4: reform because they passed a bill that did just the
- 31:07Speaker 4: absolute bare minimum in terms of addressing some federal sentencing problems.
- 31:12Speaker 2: Which the administration is now dragging their feet on implementing.
- 31:15Speaker 4: Yeah.
- 31:16Speaker 2: To make it worse.
- 31:17Speaker 4: States preside over the bulk of the criminal justice system,
- 31:20Speaker 4: but whatever. A longer discussion for another day. Yeah.
- 31:23Speaker 2: So while this was going on, a Washington Post piece
- 31:26Speaker 2: over the weekend reported that unlike most of his Democratic rivals,
- 31:28Speaker 2: Biden took Memorial Day weekend off and hasn't been campaigning
- 31:32Speaker 2: as much or doing as many interviews as the other candidates.
- 31:35Speaker 2: What do you think the strategy is here from the
- 31:37Speaker 2: Biden campaign? And what do you guys make of it?
- 31:42Speaker 1: I don't know. I mean, I think it's always dangerous
- 31:46Speaker 1: to run a campaign in which you are trying to
- 31:50Speaker 1: avoid avoid being seen to avoid losing whatever kind of
- 31:55Speaker 1: frontrunner status you have at the same time.
- 31:57Speaker 2: Which basically in the piece, Hillary Clinton's former campaign manager,
- 32:01Speaker 2: Robbie Mook, admits.
- 32:02Speaker 1: Right. And yet it's also early. And, you know, I
- 32:08Speaker 1: know we live in a permanent campaign. I would not
- 32:11Speaker 1: be surprised to see a sudden ramp up of Joe
- 32:14Speaker 1: Biden's activities and see him everywhere all the time as
- 32:17Speaker 1: we get closer. So I'm not totally sold on the thesis.
- 32:21Speaker 4: Yeah, I don't think Biden's trying to run a Rose
- 32:23Speaker 4: Garden strategy, right? I mean, it's Memorial Day. I think
- 32:27Speaker 4: that it's just after Memorial Day. I think it's safe
- 32:29Speaker 4: to say that the election has officially kicked off. Isn't
- 32:31Speaker 4: it funny to think we used to say that the
- 32:33Speaker 4: election started after Labor Day?
- 32:34Speaker 5: Yeah.
- 32:35Speaker 3: That's crazy. That's not true at all anymore. I mean,
- 32:37Speaker 3: I don't think there's.
- 32:38Speaker 4: Really a lot of value to doing a limited schedule
- 32:42Speaker 4: of campaign events. I think you need to be out there.
- 32:44Speaker 4: You need to meet people. You need to talk to voters,
- 32:46Speaker 4: take questions. You get better at it. You know, it's
- 32:49Speaker 4: just like he needs the reps.
- 32:50Speaker 2: Yeah, I mean, I think There could be thinking within
- 32:53Speaker 2: the Biden campaign that the more you put him out,
- 32:56Speaker 2: you know, he's he's the front runner. He has name
- 32:59Speaker 2: identification is almost 100 percent. Every single person knows who
- 33:02Speaker 2: Joe Biden is. They have an opinion of him. And
- 33:05Speaker 2: the more you put him out there, the more he's
- 33:07Speaker 2: answering questions, the greater the risk there is for him
- 33:10Speaker 2: to fuck up. Say something, say something that gets him
- 33:13Speaker 2: into trouble.
- 33:14Speaker 1: Crazy because Joe Biden is fucking famously on message. Like
- 33:18Speaker 1: he just sort of is a is a machine.
- 33:21Speaker 2: So there is that concern, but I also think when
- 33:23Speaker 2: you're running in this primary against, you know, there's 23
- 33:26Speaker 2: candidates running, and obviously also Biden's going to get questions about,
- 33:32Speaker 2: you know, his age, does he have the energy to
- 33:34Speaker 2: do this, all that kind of stuff. I would be
- 33:36Speaker 2: running everywhere all the time, making sure that I'm fighting
- 33:39Speaker 2: for every single vote. And like you said, Lovett, that
- 33:42Speaker 2: very well could be the case in the next couple months.
- 33:44Speaker 2: It is fucking early. He's only been in the race
- 33:45Speaker 2: for a month, but it's something to.
- 33:47Speaker 1: I actually think the more, to me, I expect that
- 33:50Speaker 1: that's what will happen. I don't know if he'll campaign
- 33:52Speaker 1: as hard as some of the others who are just
- 33:54Speaker 1: trying to fucking get up in the numbers before any
- 33:58Speaker 1: votes are cast. But I think the more interesting question
- 34:00Speaker 1: I have is what share of events is it going
- 34:02Speaker 1: to be where he just comes up to the microphone,
- 34:05Speaker 1: delivers a prepared speech and leaves, whether that's fundraisers or
- 34:08Speaker 1: public events versus how often he takes questions. I would
- 34:10Speaker 1: not be surprised to find a strategy that says, you
- 34:13Speaker 1: know what, we're going to stick to kind of hitting
- 34:15Speaker 1: our points and we're going to avoid taking questions, which
- 34:18Speaker 1: I think is a, you know, a choice. I don't,
- 34:21Speaker 1: I don't know if it's a good one, but I
- 34:23Speaker 1: can see why they would make it.
- 34:24Speaker 4: Yeah.
- 34:24Speaker 3: I mean, I just, maybe the piece is just overstated.
- 34:26Speaker 4: Like I don't think that any campaign would run a
- 34:28Speaker 4: four corners offense and in June that does, that's not a,
- 34:33Speaker 4: no one would think that's an acceptable strategy. It's probably
- 34:35Speaker 4: the truth that he's doing a ton of fundraising events
- 34:37Speaker 4: and there's just, I think he's letting the press pool
- 34:39Speaker 4: into them, but he's not taking questions at them.
- 34:42Speaker 3: They probably realize that they're going to need a lot
- 34:45Speaker 3: of money.
- 34:45Speaker 4: Like you got to imagine, Mayor Pete is going to
- 34:48Speaker 4: put up a huge number this quarter. Bernie Sanders is
- 34:50Speaker 4: going to put up a huge number this quarter. There's
- 34:51Speaker 4: a lot of people that are going to wow folks
- 34:54Speaker 4: with their fundraising. And Biden wants to be the frontrunner.
- 34:57Speaker 4: He can't deliver a number that gets doubled or tripled
- 35:01Speaker 4: by someone else.
- 35:02Speaker 2: Do you think it matters how many campaign events these
- 35:05Speaker 2: candidates do and how hard they're campaigning? The piece notes
- 35:10Speaker 2: that since he announced a month ago, Biden's done 11 events.
- 35:15Speaker 2: Beto's done 44, Warren's done 27, Bernie's done 17. Do
- 35:19Speaker 2: you think it makes a difference whether you're running around
- 35:22Speaker 2: that much?
- 35:22Speaker 3: It matters in Iowa.
- 35:24Speaker 4: It probably matters in New Hampshire, some of the early states,
- 35:26Speaker 4: because you're literally meeting people who are going to caucus
- 35:29Speaker 4: for you, and you're getting their information and then later
- 35:31Speaker 4: organizing them and turning them into volunteers and whatever. I
- 35:35Speaker 4: do think a lot of the campaign has run through
- 35:37Speaker 4: the media these days, at least more so than before.
- 35:39Speaker 1: I want to say two things. One, it's also just
- 35:44Speaker 1: given how much Iowa revolves not just around support, but
- 35:47Speaker 1: deep support, being in front of people is really important.
- 35:50Speaker 1: And also, just one other point, too, about answering questions
- 35:53Speaker 1: at fundraisers, it's also worth remembering that if a Democratic
- 35:59Speaker 1: politician is going to make a gaffe, you would be
- 36:02Speaker 1: smart to bet it happened in a fundraiser.
- 36:04Speaker 3: Always.
- 36:04Speaker 2: Oh, always.
- 36:05Speaker 1: Again and again and again. So I can see why,
- 36:07Speaker 1: especially at the beginning.
- 36:08Speaker 2: Playing to guns and religion, deplorables.
- 36:10Speaker 3: Deplorables, yeah.
- 36:10Speaker 2: Just go down the list.
- 36:12Speaker 4: The richer the crowd, the crazier the conversation.
- 36:15Speaker 3: It's a one-to-one. That's easy math.
- 36:17Speaker 2: Yeah. It's true. San Francisco and Los Angeles fundraisers. Yeah.
- 36:23Speaker 2: Let me tell you.
- 36:23Speaker 3: Stay the hell out of that.
- 36:25Speaker 2: Some of the questions you're getting in those fundraisers are
- 36:27Speaker 2: just not good. They lead you down a path.
- 36:31Speaker 1: I'd like my jade egg to be covered by my insurance.
- 36:36Speaker 2: It's also, it is what leads politicians to become sociologists
- 36:41Speaker 2: when they should be politicians, right? Like you're supposed to
- 36:44Speaker 2: be there advocating on behalf of people, talking about issues.
- 36:47Speaker 2: But super rich donors tend to want analysis and punditry
- 36:52Speaker 2: about the race. And so they lure the politicians into
- 36:56Speaker 2: offering punditry and analysis about the race. And when you
- 36:59Speaker 2: are offering punditry and analysis and you're talking about how
- 37:01Speaker 2: voters think, you sound like you're a fucking anthropologist and
- 37:05Speaker 2: you get yourself in trouble. So the flip side of
- 37:07Speaker 2: this is all the other candidates without Joe Biden's name
- 37:09Speaker 2: ID who are trying to break through. The New York
- 37:12Speaker 2: Times TV critic James Ponowozik wrote a great piece over
- 37:15Speaker 2: the weekend. It started about the Beto doc, but it
- 37:20Speaker 2: got into Democrats trying to fight for media attention writ large.
- 37:24Speaker 2: And he basically says that all these Democratic candidates face
- 37:26Speaker 2: two big challenges— One is to figure out what entices
- 37:29Speaker 2: news producers to show their clips and what lures voters
- 37:33Speaker 2: scrolling their phones to hit play. The second, related to
- 37:36Speaker 2: the first, is to implicitly argue how they, in a
- 37:38Speaker 2: general election, would seize attention from a president who can
- 37:41Speaker 2: re-scramble the day's news lineup by tweeting a mean nickname
- 37:44Speaker 2: before breakfast. That was really smart, by the way. What
- 37:48Speaker 2: do you guys think about that and what Democratic candidates
- 37:50Speaker 2: have been doing a good job meeting those two challenges,
- 37:53Speaker 2: in your opinion? Hmm.
- 37:56Speaker 3: I think this piece was spot on.
- 37:57Speaker 4: I think every Democrat from the ones running to the
- 38:00Speaker 4: people in leadership in Congress have failed to pull the
- 38:04Speaker 4: mic away from Donald Trump. And it's just, it's something
- 38:07Speaker 4: we have not figured out yet.
- 38:08Speaker 1: I think several candidates have succeeded in different ways. I
- 38:12Speaker 1: will say, I think a signal moment for me was
- 38:15Speaker 1: when AOC was talking about raising the top marginal tax
- 38:17Speaker 1: rate and Elizabeth Warren was talking about her wealth tax.
- 38:20Speaker 1: Those both happened at around the same time. And all
- 38:23Speaker 1: of a sudden, It was part of the national conversation.
- 38:25Speaker 1: It was a question for people at a panel in Davos.
- 38:28Speaker 1: It was something that all of a sudden was being
- 38:29Speaker 1: pulled and showing that actually not just Democrats, but Republicans,
- 38:32Speaker 1: independents supported policies like that. So Elizabeth Warren, I think,
- 38:35Speaker 1: has successfully used policy as a way to get the
- 38:37Speaker 1: microphone away from Donald Trump. I think Mayor Pete has
- 38:40Speaker 1: successfully used his contrast with Donald Trump and his decision
- 38:43Speaker 1: to go on Fox News, at least to have a
- 38:45Speaker 1: moment where we're talking about what Mayor Pete said about
- 38:48Speaker 1: Fox News. Some of the lines he's used about his
- 38:50Speaker 1: service versus Donald Trump's service have broken through. So I
- 38:53Speaker 1: think there's like a few examples like that that show
- 38:56Speaker 1: that there are still ways to grab the microphone without
- 38:59Speaker 1: having to sound like him.
- 39:00Speaker 3: Yeah.
- 39:01Speaker 2: And I think that's the most difficult balance because, first
- 39:05Speaker 2: of all, I think one of the toughest challenges on
- 39:06Speaker 2: any Democratic campaign, and it was when we were on
- 39:08Speaker 2: campaigns and it must be infinitely harder now in this
- 39:11Speaker 2: media age, is you wake up every day and you say,
- 39:14Speaker 2: how are we going to make news today? How are
- 39:15Speaker 2: we going to break through? And there's a few traditional
- 39:18Speaker 2: ways of doing that. One is we're going to roll
- 39:20Speaker 2: out a new policy. And you're right, Elizabeth Warren has
- 39:24Speaker 2: excelled at that, partly because her policies, it's not just
- 39:27Speaker 2: she's putting out random policies every day. They are ambitious policies.
- 39:31Speaker 2: They are all of a piece. They're all about sort
- 39:33Speaker 2: of economic inequality and the rules being broken in the system.
- 39:36Speaker 2: And there's such a speed at which she's putting them
- 39:38Speaker 2: out too, right? So she's been doing good on the policy.
- 39:40Speaker 2: The other way, but she's also found other ways to
- 39:43Speaker 2: do it too, which is saying that she's not going
- 39:45Speaker 2: to do a Fox News town hall, right? Like she's
- 39:47Speaker 2: found certain ways to do that. And I think Mayor
- 39:49Speaker 2: Pete has done that too. He really hasn't done it
- 39:51Speaker 2: with policy at all, but he's done it by, you know,
- 39:53Speaker 2: he's very, he excels at sort of like democratic punditry strategy.
- 39:59Speaker 2: What's wrong with the party? What could we be doing better?
- 40:01Speaker 2: And that usually can make news as well. And then
- 40:05Speaker 2: I think the other way to do it is just
- 40:07Speaker 2: showing enthusiasm in big crowd events, right? Think of Kamala's
- 40:11Speaker 2: first event where she got 20,000 people in Oakland or
- 40:14Speaker 2: Bernie's rallies where he's gotten, you know, tens of thousands
- 40:17Speaker 2: of people in some big cities.
- 40:18Speaker 4: I mean, I think unfortunately the way you make news
- 40:20Speaker 4: in a campaign often is by attacking your opponent. And
- 40:22Speaker 4: right now that would be Democrat on Democrat violence. And
- 40:24Speaker 4: that's not something we really.
- 40:25Speaker 3: Want to see.
- 40:26Speaker 4: It does depress the hell out of me to wake
- 40:29Speaker 4: up and see the New York Times publish an article
- 40:32Speaker 4: in quotes that is just them regurgitating all the nicknames
- 40:37Speaker 4: Trump has given to his various opponents and friends. And
- 40:39Speaker 4: then People are asking Biden, what's your nickname for Trump?
- 40:42Speaker 4: And he's like, I'm going to call him a clown.
- 40:43Speaker 4: I just think like that is one, an indication that
- 40:47Speaker 4: the press has not learned any sort of lesson about
- 40:51Speaker 4: how not to cover someone who treats politics like a
- 40:54Speaker 4: sport for dumb people. And two, like, I don't think
- 40:57Speaker 4: that we should have a nickname for Trump. We should
- 40:59Speaker 4: not call him clown or condom or some stupid thing.
- 41:03Speaker 4: We should make a case that is a little more
- 41:05Speaker 4: substantive than that.
- 41:05Speaker 2: Disagree.
- 41:06Speaker 1: I think de Blasio really cracked it with condom.
- 41:09Speaker 2: That's a good example of trying to get in the news,
- 41:13Speaker 2: interacting with Trump in a way that doesn't go so
- 41:15Speaker 2: well for you. Because I do think it's a balance, right?
- 41:18Speaker 2: I think the candidates who treat Trump as someone who
- 41:22Speaker 2: doesn't even exist tend to fall out of the news
- 41:25Speaker 2: cycle because they sort of run their own campaign, they're
- 41:27Speaker 2: talking about their own policies. But you've got to get
- 41:30Speaker 2: into the news cycle somehow. You've got to be reacting
- 41:32Speaker 2: to what's happening that day without looking like you're too reactive.
- 41:37Speaker 2: I know that sounds silly, but there's a balance there.
- 41:39Speaker 1: Well, I think that's what Mayor Pete, I think, has
- 41:41Speaker 1: done for a while that's really successful is actually a
- 41:44Speaker 1: lot of the moments in which he's broken through to
- 41:46Speaker 1: me are moments where he's talking about Trump and talking
- 41:49Speaker 1: about how to talk about Trump. It's interesting. I think
- 41:53Speaker 1: that there's such a fascination on the part of journalists
- 41:57Speaker 1: and also people who pay attention to politics, who spread
- 42:00Speaker 1: stories on Twitter, And that as Twitter, as you know,
- 42:03Speaker 1: along with Trump as the assignment for politics, that's a
- 42:07Speaker 1: fascination for people. How do you talk about Trump? And
- 42:08Speaker 1: Mayor Pete often waxes incredibly eloquently and in a sophisticated
- 42:12Speaker 1: and new way about the way he thinks about Trump.
- 42:14Speaker 1: I remember when he talked about he talked about nicknames
- 42:18Speaker 1: and punching back at Trump. And what he said was,
- 42:21Speaker 1: in a strange way, when you talk about going toe
- 42:23Speaker 1: to toe with Trump and successfully beating him, you're actually
- 42:26Speaker 1: playing by his rules and in some sense seeking his approval.
- 42:29Speaker 1: which was a completely novel, at least public, in terms
- 42:33Speaker 1: of the public conversation, way to think about Donald Trump.
- 42:35Speaker 1: And I think it was one of the first moments
- 42:36Speaker 1: people decided to give him an extra hard look.
- 42:40Speaker 2: Yeah. I do think when Trump does things like he
- 42:45Speaker 2: did over the weekend with the Biden tweet or the
- 42:47Speaker 2: North Korea thing, you've got to figure out a way
- 42:50Speaker 2: to talk about that without minimizing it, without trying to
- 42:54Speaker 2: just reduce it to a hashtag game or an attack
- 42:56Speaker 2: back on Donald Trump. but try to bring it to
- 42:59Speaker 2: a bigger plane. Absolutely. You've got to be big while
- 43:03Speaker 2: still responding to what happened.
- 43:04Speaker 1: And I do think that's really hard because I do
- 43:06Speaker 1: think one of the challenges has been that there's been
- 43:08Speaker 1: a lot of, you know, I joke about it, whether it's,
- 43:11Speaker 1: you know, people tweeting like they're writing the Federalist Papers
- 43:13Speaker 1: or everybody crossing the Delaware. There's been a lot of,
- 43:16Speaker 1: how dare you, sir? This country was strong before you
- 43:19Speaker 1: and it'll be strong after you. And I think I'm
- 43:21Speaker 1: very tired of that. I don't know. I don't know
- 43:23Speaker 1: if other people are tired of it, but I think
- 43:25Speaker 1: that there has been a It's not crying wolf because
- 43:30Speaker 1: he really is coming and grabbing the sheep. But now
- 43:34Speaker 1: there's only a couple sheep left and we need another
- 43:36Speaker 1: way to sound the alarm.
- 43:37Speaker 2: You have to be able to capture the urgency of
- 43:39Speaker 2: the moment. You have to. And you're right. You can
- 43:41Speaker 2: maybe tone down the language so it doesn't sound like
- 43:43Speaker 2: you're crossing the Delaware all the time. But if you
- 43:45Speaker 2: don't rise to that level, if your view of the
- 43:48Speaker 2: moment is hashtag Condon, that is small compared to what's
- 43:52Speaker 2: happening right now. So you don't want to be.
- 43:55Speaker 1: eye rolling.
- 43:55Speaker 2: But at the same time, you want to be big
- 43:57Speaker 2: and let people know that this is urgent. Yeah.
- 43:59Speaker 4: But I mean, look, Trump doing what he did to
- 44:02Speaker 4: Biden over the weekend was a perfect opportunity for everyone
- 44:05Speaker 4: to jump in and talk about his failed foreign policy record.
- 44:07Speaker 3: Yes.
- 44:08Speaker 4: The Congressional Research Service has a report out today that
- 44:11Speaker 4: shows that the Republican tax law that passed did essentially
- 44:15Speaker 4: nothing for the economy. Literally every single candidate should jump
- 44:18Speaker 4: on that because that will help us drive a message
- 44:21Speaker 4: to the entire country, not just Democratic primary voters, that
- 44:24Speaker 4: President Trump is not in it for you. He's there
- 44:26Speaker 4: for his big, rich, fat cat donors and corporate friends, etc.
- 44:29Speaker 4: It's like we need to be jumping on those moments,
- 44:31Speaker 4: not occasionally, every single time they emerge.
- 44:34Speaker 2: And the key there, that requires you to be incredibly
- 44:37Speaker 2: nimble and to rip up your plans for the day
- 44:40Speaker 2: if something else happens.
- 44:41Speaker 3: Please stop tweeting stump speech quotes. Everyone.
- 44:44Speaker 2: Well, definitely. But sometimes you might have a big rollout
- 44:47Speaker 2: for a big policy and you're all ready to do it.
- 44:50Speaker 2: And if Trump says something and that's the news... And
- 44:53Speaker 2: that's an opportunity to really show what you're made of
- 44:57Speaker 2: and why you should be president. You've got to kind
- 44:59Speaker 2: of rip everything up. Don't go off your strategy. You
- 45:03Speaker 2: should stick with your strategy. But sometimes you're going to
- 45:05Speaker 2: have to change your tactics last minute.
- 45:07Speaker 1: Yeah, I do also think we're in this period right
- 45:08Speaker 1: now where we're talking a lot about Trump's role in
- 45:12Speaker 1: the administration, Trump's role in our politics, Trump's role vis-a-vis Congress, impeachment,
- 45:17Speaker 1: the inherent powers vested in Congress versus the executive, what
- 45:20Speaker 1: will happen with Bill Barr, what will happen with these classifications.
- 45:23Speaker 1: And I do think we are looking to our presidential
- 45:25Speaker 1: candidates to find ways to move us back to health care,
- 45:31Speaker 1: move us back to the economy, move us back to
- 45:33Speaker 1: the corporate tax cut, even as we are pushing. Because
- 45:36Speaker 1: we are pushing Congress to focus on impeachment, to focus
- 45:40Speaker 1: on the crimes and corruption of the administration. But we
- 45:44Speaker 1: also need to make sure that there's this other flank
- 45:46Speaker 1: of people finding ways to make news around the issues
- 45:49Speaker 1: that are going to drive a lot of people to
- 45:51Speaker 1: the polls.
- 45:52Speaker 2: Okay. When we come back, you'll hear Lovett's interview with
- 45:55Speaker 2: ACLU attorney Chase Strangio.
- 46:05Speaker 1: Joining us on the pod, he's a staff attorney with
- 46:07Speaker 1: the ACLU's LGBT and HIV Project. Please welcome Chase Strangio.
- 46:11Speaker 5: Thanks for having me.
- 46:12Speaker 1: How's it going?
- 46:13Speaker 5: It's going all right, you know. It's a new adventure
- 46:15Speaker 5: every day.
- 46:16Speaker 1: So the Trump administration moved on several fronts last week
- 46:20Speaker 1: in ways that could make this country less safe for
- 46:22Speaker 1: transgender people. This time, it was about health care and
- 46:25Speaker 1: housing and homeless shelters, other steps taken by the White
- 46:27Speaker 1: House that concern the military, schools, prisons, workplaces. How would
- 46:31Speaker 1: you describe the philosophy that's guiding the actions the administration
- 46:35Speaker 1: has been taking?
- 46:37Speaker 5: Yeah, since day one, the Trump administration has put individuals
- 46:42Speaker 5: in charge of federal agencies and other positions of power.
- 46:45Speaker 5: And then, of course, from the president and vice president
- 46:48Speaker 5: as well, who are committed to systematically excluding transgender people
- 46:53Speaker 5: from public life. And so this means that we are
- 46:56Speaker 5: seeing policies from 2017 through the present that sort of
- 47:00Speaker 5: chip away at the ability of transgender people to protect
- 47:04Speaker 5: themselves in basic ways, whether it's with respect to housing,
- 47:07Speaker 5: with respect to healthcare, with respect to access to employment,
- 47:11Speaker 5: with respect to more safely being held in prisons, The
- 47:14Speaker 5: philosophy is transgender people don't deserve legal protection, and we
- 47:18Speaker 5: will do everything in our power to create legal norms
- 47:21Speaker 5: that exclude transgender people from both formal legal protection, but
- 47:25Speaker 5: also sort of basic access to life necessities.
- 47:29Speaker 1: So what exactly is the Health and Human Services Department
- 47:33Speaker 1: seeking to do under Trump? You tweeted that the effect
- 47:35Speaker 1: of this rule could mean people like you are essentially
- 47:37Speaker 1: erased by law.
- 47:40Speaker 5: Yeah, I think that there's two things that are critically
- 47:43Speaker 5: important to note about what's going on with respect to
- 47:45Speaker 5: the regulations coming out of HHS. The first is that
- 47:50Speaker 5: it seeks to roll back some critical protections that were
- 47:53Speaker 5: put in place under the Obama administration that were part
- 47:56Speaker 5: of the implementation process of the Affordable Care Act. And
- 47:59Speaker 5: these protections sought to provide transgender people with some explicit
- 48:05Speaker 5: ways to protect against healthcare discrimination, whether that's discrimination when
- 48:10Speaker 5: going to the emergency room and just being turned away
- 48:13Speaker 5: because of being transgender, and then protections from exclusions from
- 48:18Speaker 5: coverage on healthcare related to being trans. So things like hormones,
- 48:22Speaker 5: surgical care, counseling related to gender transition. And so since
- 48:27Speaker 5: the Trump administration has come into power, we've seen them
- 48:32Speaker 5: alluding to the idea that they're going to take these away.
- 48:34Speaker 5: And so this proposed rule not only sort of eliminates
- 48:38Speaker 5: all of the, or proposes to eliminate all of the good,
- 48:41Speaker 5: robust language that came through Obama implementation, but then the
- 48:45Speaker 5: second thing it does, and this is what we're seeing
- 48:47Speaker 5: across the federal government, is it tries to define sex
- 48:52Speaker 5: in more restrictive and limited ways. It's not the rule
- 48:55Speaker 5: that we had sort of feared that had been reported
- 48:58Speaker 5: about in the New York Times that created its own
- 49:00Speaker 5: regulatory definition of sex. What it does is it strips
- 49:03Speaker 5: away the protections and refers to legal protections under other
- 49:09Speaker 5: federal laws. And those protections under Title IX, which protects
- 49:13Speaker 5: against sex discrimination in education and elsewhere under federal law,
- 49:20Speaker 5: are also being chipped away by the administration. And the
- 49:23Speaker 5: Supreme Court is currently considering this very question. So we
- 49:26Speaker 5: sort of have this two-pronged attack, one, to take away
- 49:30Speaker 5: protections that existed, and then two, to sort of implement
- 49:33Speaker 5: across the federal government a more restrictive understanding of how
- 49:37Speaker 5: people are protected under federal sex discrimination protections.
- 49:42Speaker 1: So, you know, you said this on Twitter recently. You said,
- 49:46Speaker 1: I don't know if I'm aware of a trans person
- 49:47Speaker 1: who hasn't been turned away, mocked, harassed, or received shitty
- 49:50Speaker 1: care by a healthcare provider because they are trans. So
- 49:53Speaker 1: there are, you know, even as... administration is rolling back protections,
- 49:58Speaker 1: what limited protections there are, it is still, it is
- 50:00Speaker 1: currently difficult, not just because of what's enshrined in law
- 50:05Speaker 1: or not enshrined in law, but because of how people
- 50:07Speaker 1: feel free to treat trans people. What do you see
- 50:13Speaker 1: as the goal of the administration, not just around changing regulations,
- 50:18Speaker 1: but about how the country sees trans people?
- 50:22Speaker 5: Yeah, I think this is such an important point because
- 50:24Speaker 5: the ACA, the 1557 regulations under the Affordable Care Act
- 50:29Speaker 5: tried to create some, you know, legal mechanisms for what
- 50:34Speaker 5: is on the ground, a sort of horrific set of
- 50:37Speaker 5: discriminatory practices that people experience separate and apart from what
- 50:40Speaker 5: the law may or may not say. And so, you know,
- 50:43Speaker 5: the law can only do so much, and the sort
- 50:46Speaker 5: of violence and discrimination that trans people face in healthcare persists.
- 50:50Speaker 5: I think what is particularly concerning about what this administration
- 50:53Speaker 5: is doing is not only are they sort of taking
- 50:55Speaker 5: away the few legal protections that we have, the few
- 50:59Speaker 5: sort of efforts to normalize trans existence in ways that
- 51:04Speaker 5: will over time increase access to care in really truly
- 51:08Speaker 5: life-saving ways. I think that the goal here is not
- 51:11Speaker 5: only to take away the formal protections, but to really
- 51:15Speaker 5: instrumentalize an ideology that trans people don't or shouldn't exist.
- 51:19Speaker 5: And we know that that is very much the position
- 51:22Speaker 5: of many people that are at high levels of government
- 51:26Speaker 5: under the Trump administration. I've been litigating in North Carolina
- 51:31Speaker 5: for the past three years, challenging North Carolina's anti-trans laws,
- 51:36Speaker 5: HB2 and HB142. And almost every person that was involved
- 51:40Speaker 5: on the side of defending those laws has a senior
- 51:43Speaker 5: position within the federal government now, from Noel Francisco, who's
- 51:47Speaker 5: Solicitor General, to Kyle Duncan, who's now a federal judge
- 51:51Speaker 5: for life. The head of the Office for Civil Rights
- 51:56Speaker 5: under HHS is someone who has, for his career, focused
- 52:00Speaker 5: on ways to you know, systematize attacks on LGBTQ people
- 52:05Speaker 5: and particularly trans people. And so what we're seeing now
- 52:08Speaker 5: is an effort to use the law to send a message,
- 52:10Speaker 5: not just to take away formal protections, but to send
- 52:12Speaker 5: a message that transness isn't real and that we're going
- 52:16Speaker 5: to scare people into believing that we need to stop
- 52:20Speaker 5: people from being trans. And that is a really dangerous
- 52:23Speaker 5: addition to the messaging that we're seeing. And that part
- 52:26Speaker 5: is certainly escalating.
- 52:27Speaker 2: Yeah.
- 52:28Speaker 1: I mean, the rollback of protections in homeless shelters feels
- 52:30Speaker 1: like particularly It seems really does seem rooted in cruelty.
- 52:36Speaker 1: And I know a lot of people say cruelty is
- 52:38Speaker 1: the point, but that's not the internal logic right there.
- 52:41Speaker 2: It's a.
- 52:43Speaker 1: There is. Do they claim any other logic other than
- 52:47Speaker 1: truly eliminating the idea of trans people from our rules,
- 52:52Speaker 1: from our society? Like what is their rationale even to themselves?
- 52:56Speaker 5: I think we see a number of different rationales and
- 52:59Speaker 5: all of them are sort of grounded in the same
- 53:01Speaker 5: set of sort of core beliefs that trans people don't
- 53:04Speaker 5: or shouldn't exist, sadly. But, you know, I think the
- 53:07Speaker 5: sort of on paper justifications are, you know, false claims
- 53:11Speaker 5: about safety that somehow if we let trans people into
- 53:14Speaker 5: spaces that are sex segregated, that safety will be compromised.
- 53:19Speaker 5: And we know this isn't true. You know, every bit
- 53:21Speaker 5: of data that we have says that it's both not
- 53:24Speaker 5: true and that the people who are at risk of
- 53:26Speaker 5: violence are trans people. You know, they'll raise claims about privacy,
- 53:30Speaker 5: the idea that a person's body, a trans person's body
- 53:34Speaker 5: somehow inherently threatens the privacy of others. You know, notably,
- 53:39Speaker 5: they teed up this question for the Supreme Court about
- 53:42Speaker 5: whether protecting trans students from discrimination violated the constitutional privacy
- 53:46Speaker 5: rights of non-trans students.
- 53:48Speaker 1: And the court.
- 53:48Speaker 5: Today just rejected review in that case, which is a
- 53:52Speaker 5: really actually important win for trans students. And that was
- 53:55Speaker 5: a case that had been brought by alliance defending freedom, um,
- 53:58Speaker 5: an organization that is behind a lot of these, um,
- 54:01Speaker 5: policies and, and, and lawsuits. And then, you know, I
- 54:05Speaker 5: think we're seeing a new, um, strand of, um, arguments about,
- 54:09Speaker 5: you know, sort of faith-based objections to trans existence, um,
- 54:13Speaker 5: And that is obviously coming into play here. But when
- 54:17Speaker 5: you strip away sort of whatever is attached to the
- 54:20Speaker 5: justification at base, the goal is to say that a
- 54:24Speaker 5: person shouldn't be trans. And they're actually saying that explicitly.
- 54:27Speaker 5: In a case that's before the Supreme Court now, which
- 54:30Speaker 5: is a case in which a trans woman was fired
- 54:32Speaker 5: by her employer when she announced that she would be
- 54:35Speaker 5: coming to work as a woman, the The organization that's
- 54:39Speaker 5: defending the employer before the Supreme Court has publicly essentially
- 54:43Speaker 5: stated that they're acting out of this benevolent concern for
- 54:46Speaker 5: her living her authentic truth, that somehow they think they're
- 54:50Speaker 5: doing her a favor by trying to guide her back
- 54:52Speaker 5: to her quote-unquote biological sex. So there is this sort
- 54:55Speaker 5: of coercive conversion therapy that's also animating a lot of
- 54:59Speaker 5: these policies. And I will note, it's also what we're
- 55:02Speaker 5: seeing with the military ban, for example. The Justice Department
- 55:07Speaker 5: and the Trump administration are defending the trans military ban
- 55:12Speaker 5: by saying, no, no, you can be trans and serve.
- 55:16Speaker 5: You just can't actually live as a trans person. And
- 55:20Speaker 5: so these are policies that are actually, you know, almost
- 55:23Speaker 5: gaslighting our existence by saying, no, no, we're not discriminating
- 55:26Speaker 5: against you. Just go be somebody else.
- 55:28Speaker 1: It feels like a kind of new version of Don't Ask,
- 55:33Speaker 1: Don't Tell. Of course you can serve. You just have
- 55:35Speaker 1: to serve as someone else.
- 55:38Speaker 5: Yeah, and of course you can get married when we
- 55:40Speaker 5: ban marriage. You just can't marry someone of the same sex.
- 55:44Speaker 1: So, you know, you mentioned this court case and this
- 55:47Speaker 1: ruling today. And, you know, there's been a lot of
- 55:49Speaker 1: questions about what's going to happen with some of these
- 55:50Speaker 1: rulings around health care. Can you tell people what exactly
- 55:57Speaker 1: the Supreme Court did today to uphold this lower court ruling?
- 55:59Speaker 1: And how do you think that's going to impact other
- 56:02Speaker 1: attempts to stop the administration in the courts?
- 56:06Speaker 5: Yeah, I mean, so today's action by the Supreme Court
- 56:09Speaker 5: was upholding a lower court ruling that essentially said when
- 56:13Speaker 5: a school district protects trans students, that they have every
- 56:17Speaker 5: right to do that and that isn't violating the rights
- 56:19Speaker 5: of the non-trans students. So that's sort of one version
- 56:23Speaker 5: of the cases that we see in the context of
- 56:27Speaker 5: anti-trans discrimination, the cases that are brought by the non-trans
- 56:29Speaker 5: students challenging protections for trans people. The other sort of
- 56:33Speaker 5: brand of cases are the cases brought by trans people
- 56:36Speaker 5: who have experienced discrimination, arguing that the discrimination is sex
- 56:41Speaker 5: discrimination prohibited by federal law. And that set of questions
- 56:46Speaker 5: is before the Supreme Court. So that is being briefed
- 56:48Speaker 5: now and will be argued next term. And that really
- 56:51Speaker 5: is at the core of a lot of the actions
- 56:54Speaker 5: of this administration about sort of how and whether and
- 56:57Speaker 5: how are LGBTQ people protected under federal prohibitions on sex discrimination.
- 57:03Speaker 5: So that question is very much live. And I will
- 57:06Speaker 5: note that for the past 15 years, the lower courts
- 57:09Speaker 5: have held that trans people are covered under federal law
- 57:13Speaker 5: prohibiting discrimination on the basis of sex or under Title
- 57:17Speaker 5: IX and Title VII. The question about can schools protect
- 57:23Speaker 5: trans students? I think the fact that the court denied
- 57:25Speaker 5: review in that case sends an important message to schools
- 57:28Speaker 5: that want to do the right thing, schools that want
- 57:30Speaker 5: to ensure that students have equal access to educational opportunities,
- 57:35Speaker 5: that that means the good ruling stands. There's no counter
- 57:39Speaker 5: rulings in the lower courts in comparable cases. That doesn't
- 57:43Speaker 5: mean we won't see more, but I think what we
- 57:45Speaker 5: can take away from the court's actions today is Schools,
- 57:49Speaker 5: employers should go on doing the right thing, protecting trans
- 57:53Speaker 5: people from discrimination. Same with homeless shelters. We have state law.
- 57:58Speaker 5: We have state constitutions. We have lots of mechanisms for
- 58:01Speaker 5: people to be protected. Unfortunately, the court has taken up
- 58:05Speaker 5: a series of questions that implicate the rights of LGBT people,
- 58:08Speaker 5: and that will be decided next term. But I think
- 58:11Speaker 5: no matter what happens there, what we have to keep
- 58:16Speaker 5: fighting for is an increased understanding of how dangerous it
- 58:19Speaker 5: is to fundamentally try to remove people from the protections
- 58:25Speaker 5: of the law in some basic and fundamental ways.
- 58:28Speaker 1: So we're in this sort of strange moment. I think
- 58:32Speaker 1: it's fair to say that there's never been more visibility
- 58:36Speaker 1: around trans issues and around trans people. I think that
- 58:40Speaker 1: a lot of people have come to learn a lot
- 58:43Speaker 1: in recent years about the challenges facing trans people in
- 58:48Speaker 1: their own lives, how important these issues are. It's become
- 58:51Speaker 1: something that Democratic politicians talk about that is just part
- 58:58Speaker 1: of the conversation in a way it wasn't before. We
- 59:00Speaker 1: see trans actors in roles in a way that is unprecedented.
- 59:06Speaker 1: And yet at the same time, we see an administration
- 59:09Speaker 1: launching an all-out assault on trans people at this moment
- 59:12Speaker 1: of sort of cultural progress. I guess my question is,
- 59:16Speaker 1: how are you feeling right now about the state of
- 59:23Speaker 1: acceptance and progress on behalf of trans people?
- 59:28Speaker 5: I think they just have to hold a lot of
- 59:30Speaker 5: sort of tensions at once. I mean, there is obviously
- 59:33Speaker 5: an increase in visibility. More people are feeling safe and
- 59:37Speaker 5: comfortable on some levels to live publicly as themselves. And
- 59:42Speaker 5: that is progress. Being able to not hide a fundamental
- 59:47Speaker 5: truth of who you are is essential for many people's survival.
- 59:51Speaker 5: So I think that is incredibly important. But with visibility
- 59:55Speaker 5: comes both sort of state backlash, as well as interpersonal backlash.
- 1:00:01Speaker 5: And so I think that's also the moment that we're
- 1:00:04Speaker 5: in that we really have to be responding to. One
- 1:00:07Speaker 5: of the most painful things about last week was three
- 1:00:10Speaker 5: black trans women were murdered. And the response of our
- 1:00:13Speaker 5: government was to announce some of the most restrictive policies
- 1:00:19Speaker 5: with respect to trans people and rollbacks and protections that
- 1:00:23Speaker 5: will absolutely escalate violence against the communities who are most
- 1:00:27Speaker 5: funneled into street-based homelessness, into criminalized economies, and to other
- 1:00:32Speaker 5: sort of instabilities that then lead to increased vulnerability to violence.
- 1:00:36Speaker 2: Right.
- 1:00:36Speaker 1: It's not just targeting trans people. These are rules targeting
- 1:00:41Speaker 1: the most vulnerable trans people in our society, people who
- 1:00:44Speaker 1: have already been victimized by so much injustice that they
- 1:00:47Speaker 1: either are living on the street or seeking help in
- 1:00:50Speaker 1: homeless shelters, right? This is targeting people who have already
- 1:00:54Speaker 1: seen the consequences of systemic injustice directed against them.
- 1:00:59Speaker 5: Yeah, exactly. We're talking about a government that is invested
- 1:01:02Speaker 5: in targeting the absolute most vulnerable trans people, the people
- 1:01:06Speaker 5: who are most likely to be killed, and announcing that
- 1:01:10Speaker 5: on the week where we have three black trans women
- 1:01:12Speaker 5: who have been murdered and the trauma to the community
- 1:01:15Speaker 5: of having to hold that. And so while seeing trans
- 1:01:20Speaker 5: actors on television and seeing trans narratives you know, sort
- 1:01:24Speaker 5: of in popular discourse and media is important. It's not
- 1:01:30Speaker 5: saving the person on the street. It's not disrupting those
- 1:01:34Speaker 5: acts of, you know, interpersonal violence or governmental aggression. So
- 1:01:39Speaker 5: I think we have to sort of know that visibility
- 1:01:41Speaker 5: won't alone save us. I do think that the more
- 1:01:44Speaker 5: we have cultural conversations that include trans people and the
- 1:01:48Speaker 5: truth of our stories, the more we're going to see
- 1:01:51Speaker 5: trans people empowered to ourselves speak in these halls of
- 1:01:56Speaker 5: power and disrupt the conversation. I know for me as
- 1:01:58Speaker 5: a trans lawyer, it's been incredibly powerful to be visibly
- 1:02:03Speaker 5: and vocally trans in government spaces, in state legislatures, in
- 1:02:07Speaker 5: the courtroom, in depositions, because that in and of itself
- 1:02:11Speaker 5: is a disruption that perhaps I could not have done
- 1:02:14Speaker 5: without all of the ways people who came before me
- 1:02:18Speaker 5: were able to produce cultural content that allowed me to
- 1:02:21Speaker 5: imagine myself in the future. And so I think we
- 1:02:24Speaker 5: want to hold the value in that. It's just that
- 1:02:26Speaker 5: alone isn't going to feed people, isn't going to keep
- 1:02:28Speaker 5: people from being homeless, isn't going to make sure that
- 1:02:31Speaker 5: we can disrupt those acts of violence on the streets.
- 1:02:34Speaker 1: So what can people do if they're looking to help
- 1:02:36Speaker 1: with the fight?
- 1:02:37Speaker 5: You know, I think there's so much that people can do.
- 1:02:39Speaker 5: And I would say start small, sort of, you know,
- 1:02:43Speaker 5: with your friends, with your family, sort of challenge people's
- 1:02:46Speaker 5: understandings about who trans people are and just start to
- 1:02:49Speaker 5: include trans people in conversations. And I think that's something
- 1:02:52Speaker 5: that can really make a difference. And then in the
- 1:02:57Speaker 5: next year, not only are we going to see the
- 1:03:00Speaker 5: number of critical people you know, federal elections and state
- 1:03:04Speaker 5: and local elections, but the Supreme Court is going to
- 1:03:06Speaker 5: be answering some critical questions about are trans people protected
- 1:03:10Speaker 5: under federal law. So what we want people to be
- 1:03:13Speaker 5: doing is really raising the profile of this issue of
- 1:03:19Speaker 5: trans survival as not some sort of fringe, quote-unquote, identity
- 1:03:23Speaker 5: politics issue, but really a core issue when we're talking
- 1:03:27Speaker 5: about economic justice and racial justice and criminal legal system
- 1:03:30Speaker 5: reform that how we conceptualize gender and bodily autonomy is
- 1:03:36Speaker 5: always going to be central to those questions. And if
- 1:03:39Speaker 5: we neglect to pay attention to how trans people are treated,
- 1:03:42Speaker 5: and we are the canary in the coal mine, you
- 1:03:44Speaker 5: can watch it happen, I think we're all going to
- 1:03:46Speaker 5: end up missing out on some important transformative conversations and accountability.
- 1:03:52Speaker 1: Chase Strangio, thank you so much for joining us.
- 1:03:54Speaker 5: Yeah, thanks for having me.
- 1:04:00Speaker 2: All right. Thanks to Chase Strangio for joining us today.
- 1:04:02Speaker 2: You know what we didn't talk about? What's that?
- 1:04:05Speaker 1: We didn't talk about the hilarious story in CNN about
- 1:04:07Speaker 1: being trapped on Air Force One with Donald Trump who
- 1:04:10Speaker 1: doesn't sleep.
- 1:04:11Speaker 2: Oh, I did see that.
- 1:04:11Speaker 3: That did look like hell on earth.
- 1:04:13Speaker 2: Could you imagine?
- 1:04:14Speaker 1: Imagine these people deserve more. Fucking locked in a conference
- 1:04:18Speaker 1: room with a Diet Coke-addled fucking nut bar.
- 1:04:20Speaker 3: Who's watching.
- 1:04:21Speaker 1: Talk about how cool he is.
- 1:04:22Speaker 4: Tivo'd Fox and Friends and finding things to get mad about.
- 1:04:25Speaker 2: All trips.
- 1:04:27Speaker 1: You just sort of, you put your chair in recline,
- 1:04:29Speaker 1: you glance up, that fucking mug is staring down at you.
- 1:04:33Speaker 4: Those trips are awful for a variety of reasons.
- 1:04:35Speaker 2: I hope eternity is like that for all those people.
- 1:04:38Speaker 1: Yes, I do too.
- 1:04:39Speaker 3: A fucking Neverland. That is Trump narrating Fox and Friends
- 1:04:41Speaker 3: over and over again.
- 1:04:42Speaker 2: That is the best punishment. Flying around Air Force One
- 1:04:45Speaker 2: forever with Donald Trump in your ear.
- 1:04:46Speaker 1: Just constantly thinking you're about to land and they're like, nope,
- 1:04:48Speaker 1: we're refueling in the air. We're refueling. We're refueling again.
- 1:04:51Speaker 3: He must fart with such impunity.
- 1:04:53Speaker 2: Oh!
- 1:04:54Speaker 3: All over those poor staffers. Don't act like that's surprising
- 1:04:57Speaker 3: to you. You know damn well.
- 1:04:58Speaker 2: It's not surprising. I just didn't see that's where we
- 1:05:00Speaker 2: were going. All right, everybody. We'll talk to you soon.
- 1:05:03Speaker 5: Bye.