Latest / The Agora / October 22, 2026 — Sanctions, Snubs, and Sketchy Sponsorships
Transcript
- 0:19Arthur Kline: Good evening.
- 0:20Welcome to THE AGORA.
- 0:22Tonight — Trump's widening rupture with Ukraine,
- 0:26a Netanyahu endorsement Vance won't echo,
- 0:29and a Habba–Grenell MAGA feud over missing millions.
- 0:33Plus two lightning rounds.
- 0:35I'm Arthur Kline.
- 0:36It's Thursday, October 22nd, 2026.
- 0:39Let's go.
- 0:46Arthur Kline: ISSUE ONE — sanctions, passed then parked.
- 0:49Executive Order 14436, "Implementing the Lindsey O.
- 0:53Graham Sanctioning Russia and Iran Act of 2026," issued by President Trump on
- 0:58October 16,
- 0:59waives specified duties,
- 1:00sanctions and restrictions under the Act until the President or Secretary of State
- 1:06determines further action is appropriate.
- 1:08The governing law, the Graham Act,
- 1:11authorizes the President to waive its covered sanctions, restrictions and duties.
- 1:16Trump signed the order two days before the Act's measures were scheduled to take
- 1:22effect.
- 1:22Secretary of State Marco Rubio said the administration would use up to 60 days to
- 1:27assess the measures' economic impact.
- 1:30The order landed in a week of wider strain with Kyiv.
- 1:34By this week's reporting,
- 1:35Defense Secretary Pete Hegseth had not approved transferring Patriot interceptors
- 1:41that European allies had already bought and paid for,
- 1:44and on October 19 Trump said someone else should negotiate on Ukraine's behalf;
- 1:49Zelenskyy said he felt betrayed.
- 1:52Sloane,
- 1:52Trump waived the Graham Act's Russia and Iran sanctions two days before they took
- 1:58effect.
- 1:58Careful economics, or an early present for Moscow?
- 2:02Sloane Barrett: Wrong question, Arthur.
- 2:03"Careful economics versus a present for Moscow" lets the actual culprit leave the
- 2:08room unnoticed.
- 2:09The Graham Act, which Congress wrote, contains the waiver Trump just used.
- 2:14Article I,
- 2:14Section 8 gives Congress the power to regulate commerce with foreign nations,
- 2:19and Congress chose to hand the off switch to the President.
- 2:23That's not a sanctions law, that's a strongly worded suggestion with a bow on it.
- 2:28Do I think the Kremlin is pleased?
- 2:30Somewhere in Moscow they're channeling Ice Cube:
- 2:33Today I didn't even have to use my A.K.
- 2:35/ I got to say it was a good day..
- 2:37But the fault belongs to a Congress that built an escape hatch and now acts
- 2:42scandalized that someone climbed through it.
- 2:45If they wanted sanctions, they should have written sanctions.
- 2:49Arthur Kline: So Congress built the escape hatch and the President merely climbed through it.
- 2:54Convenient.
- 2:55Eli, does Capitol Hill own this waiver?
- 2:58Eli Navarro: Capitol Hill owns the drafting, Arthur, not the decision.
- 3:01A waiver clause is standard equipment in sanctions law.
- 3:04Congress writes in flexibility for real emergencies,
- 3:07not so a President can switch the law off before it's ever switched on.
- 3:12Blaming the Graham Act's authors is like blaming the brakes because the driver
- 3:16stomped on them at the on-ramp.
- 3:18And look at what Executive Order 14436 actually covers:
- 3:21the duties under sections 112 and 113,
- 3:24the sanctions and restrictions under sections 102 through 111 and 117,
- 3:28practically the whole Act, until the President decides otherwise.
- 3:32Rubio wants up to 60 days to measure the economic impact.
- 3:35Channeling my inner Yogi:
- 3:36the best way to study a sanction's effect is to make sure it never has one.
- 3:41Nora Kessler: Come on, Eli, you're treating Rubio's sixty days like a deadline.
- 3:45It's a talking point.
- 3:47Executive Order 14436 has no clock at all;
- 3:50it runs until somebody upstairs decides to stop.
- 3:53That's not a study, it's a sabbatical.
- 3:56Arthur Kline: An open-ended waiver isn't a pause, it's a repeal with better manners.
- 4:01Grant, is Nora right that Rubio's clock binds nobody?
- 4:05Grant Mercer: Legally, Arthur, it binds nobody,
- 4:07but calling it a mere talking point gets it backwards.
- 4:11Executive Order 14436 has no expiration date,
- 4:13which makes Rubio's sixty days the only deadline anyone in this administration has
- 4:19said out loud,
- 4:19and a deadline said out loud is a receipt.
- 4:22I'm going to get yelled at by my own side for this,
- 4:25but Republicans in the House and Senate should circle day sixty-one and haul Rubio
- 4:30in to testify about what his economic study actually found.
- 4:34Congress wrote the waiver into the Graham Act,
- 4:37so the least it can do is check whether that waiver is a pause or a permanent exit.
- 4:42My guess is the findings arrive shortly after the heat death of the universe.
- 4:46Sloane Barrett: Hold on, Grant —
- 4:47a day-sixty-one hearing is Congress begging for a progress report on power it never
- 4:53had to give away.
- 4:54Amend the Graham Act and strike the waiver.
- 4:56That's legislating; a hearing is a complaint with a gavel.
- 5:00Grant Mercer: Wait, no, Sloane, an amendment striking the waiver lands on Trump's desk,
- 5:05and overriding his veto takes two-thirds of both chambers.
- 5:09A hearing is the leverage Congress actually has.
- 5:12I'll take a gavel over a veto message.
- 5:15Nora Kessler: Grant's veto math assumes the amendment travels alone, Arthur,
- 5:19and it doesn't have to.
- 5:20Bolt the fix onto the National Defense Authorization Act,
- 5:24the must-pass annual defense bill,
- 5:26and Trump's choice becomes vetoing the entire defense budget to protect a Russia
- 5:31waiver.
- 5:32A hearing, by contrast, is leverage only if the witness feels it,
- 5:36and Rubio can show up, praise his own study, and leave.
- 5:39Congress already knows how to do this properly.
- 5:42The Countering America's Adversaries Through Sanctions Act of 2017 required any
- 5:47President who wanted to ease Russia sanctions to submit the move to Congress first,
- 5:52and it gave lawmakers a vote to block it.
- 5:55The Graham Act skipped that part,
- 5:57which is like installing a smoke detector and pulling out the battery.
- 6:01Sloane Barrett: No, Nora, that battery's dead too.
- 6:03The Countering America's Adversaries Through Sanctions Act's block was a joint
- 6:08resolution,
- 6:09which the President can veto.
- 6:11Alarm sounds, he hits hush.
- 6:13Strike the waiver in the defense bill.
- 6:16Arthur Kline: So Congress installed a fire alarm with a presidential snooze button.
- 6:20Eli, is Sloane right that the veto makes congressional review decorative?
- 6:25Eli Navarro: Decorative?
- 6:25By that standard, Arthur, every bill Congress has ever passed is decorative,
- 6:30because every one can be vetoed,
- 6:32including the defense-bill fix Sloane just endorsed.
- 6:35The veto doesn't erase review; it changes what the President has to do.
- 6:39Under the Countering America's Adversaries Through Sanctions Act,
- 6:42he had to submit the relief to Congress first, wait out a review window, and then,
- 6:47if lawmakers disapproved, veto that resolution in public,
- 6:50personally signing his name to sanctions relief for Moscow.
- 6:54That's not a snooze button.
- 6:55That's a fire alarm that makes you explain to the whole building why you silenced
- 7:00it.
- 7:00Executive Order 14436 skipped all of it: no submission, no window, no recorded vote.
- 7:05Just a signature.
- 7:06Grant Mercer: Come on, Eli, Executive Order 14436 didn't skip a thing,
- 7:09because the Graham Act never required a submission, a review window, or a vote.
- 7:14You can't ticket the driver for running a stop sign Congress never installed.
- 7:19Eli Navarro: Hold on, Grant.
- 7:20I never said Trump ran a stop sign; I said nobody installed one,
- 7:24and that's the indictment.
- 7:26That missing review is why Executive Order 14436 needed only a signature.
- 7:31Legal and accountable aren't synonyms.
- 7:34Arthur Kline: Fine, no stop sign.
- 7:35Then Congress built the intersection.
- 7:37Nora, is Eli indicting the president or the lawmakers who wrote the Act?
- 7:42Nora Kessler: Both, Arthur, and Eli just switched defendants mid-trial.
- 7:46Earlier he said Capitol Hill owns the drafting, not the decision.
- 7:50Now the missing stop sign is "the indictment," and the only people who install stop
- 7:56signs are lawmakers.
- 7:57That's Sloane's argument wearing Eli's jacket.
- 8:00But the drafters' negligence doesn't launder the driver's choice.
- 8:05Congress built an intersection with no stop sign,
- 8:08and the President decided to floor it two days before the road even opened.
- 8:13Perfectly legal,
- 8:14much like running an economic study on sanctions that never touched a single ruble.
- 8:20Congress owns the design flaw, Trump owns the timing, and Moscow owns the windfall.
- 8:25Grant Mercer: Wait, no, Nora, there's no windfall yet.
- 8:28The measures never took effect, so Moscow holds a coupon with no expiration date,
- 8:33not cash, and coupons can be revoked.
- 8:35That's why Rubio belongs under oath on day sixty-one.
- 8:39Nora Kessler: No, but Grant, a coupon that only the man who handed it out can revoke is a gift.
- 8:45The windfall is certainty:
- 8:46anyone trading with Moscow now knows the Graham Act's penalties won't land until
- 8:52Trump changes his mind.
- 8:54Arthur Kline: Congress passed a sanctions law, and the White House signed it and shelved it.
- 8:59Enough.
- 9:00Nobody at this table changed a single mind.
- 9:04Arthur Kline: ISSUE TWO — Trump endorses Netanyahu, Vance demurs.
- 9:08On October 18,
- 9:09President Trump endorsed Benjamin Netanyahu for re-election in a post on Truth
- 9:14Social.
- 9:15Israel votes on October 27, nine days later.
- 9:18In the same post,
- 9:19Trump wrote that the United States would soon "finish the job" in Iran unless Iran
- 9:25rapidly changed its ways.
- 9:27On October 19,
- 9:28on Mark Halperin's show "2WAY Tonight," Vice President JD Vance declined to endorse
- 9:33Netanyahu,
- 9:34saying he endorses American candidates and is not getting involved in Israeli
- 9:40elections.
- 9:40Eli, is the President standing by an ally,
- 9:43or campaigning in an election where he can't even vote?
- 9:48Eli Navarro: That's a false choice, Arthur, and it misses the dangerous half of the post.
- 9:52The endorsement is the wrapping paper; what's inside the box is a war threat.
- 9:57In that same Truth Social post,
- 9:59Trump told Israelis that picking anyone else means America does the work itself,
- 10:04and promised to "finish the job" in Iran.
- 10:06That's not an endorsement, it's a ballot with a missile stapled to it.
- 10:11Article I of the Constitution gives Congress, not the President,
- 10:15the power to declare war, and the War Powers Resolution,
- 10:18the 1973 law Congress passed over Nixon's veto,
- 10:21requires a president to report hostilities to Congress within 48 hours and to end
- 10:26hostilities Congress hasn't authorized within 60 days.
- 10:29Nobody in Congress voted to make strikes on Iran contingent on an Israeli election.
- 10:34Vance's demurral is etiquette; my objection is constitutional.
- 10:39Arthur Kline: Eli says the endorsement is just wrapping paper, and the box holds a war with Iran.
- 10:44Sloane, real threat or campaign bluster?
- 10:47Sloane Barrett: Real threat, Arthur, but Eli has it pointed the wrong way.
- 10:51Listen to the post: a different winner means America does the work itself,
- 10:56which Trump says he's not inclined to do.
- 10:58That isn't a missile stapled to a ballot;
- 11:01it's a promise to stand down if Netanyahu loses,
- 11:04which is campaign leverage aimed squarely at Israeli voters.
- 11:08The genuine threat is the "finish the job" line on Iran,
- 11:12and there the problem is bigger than this President.
- 11:15The War Powers Resolution doesn't stop unauthorized hostilities, it schedules them,
- 11:20handing a President a window to fight first and report later.
- 11:24Show me where in Article I Congress may lend out its war power on a timer.
- 11:29The Framers wrote "declare," not "ratify upon notification."
- 11:33Grant Mercer: Hold on, Sloane, "do the work itself" isn't standing down.
- 11:36It means America fighting Iran without Israel's help.
- 11:40Either way,
- 11:40Israeli voters decide the size of an American war Congress never authorized.
- 11:45That's outsourcing.
- 11:46Sloane Barrett: Come on, Grant, that same post says Trump is NOT inclined to do that work.
- 11:51You're quoting the threat and deleting the disclaimer.
- 11:55And Israeli voters decide nothing here;
- 11:57a Congress that won't vote decides everything.
- 12:01Grant Mercer: "Not inclined" isn't a disclaimer, Arthur.
- 12:03It's a mood, and moods don't bind anyone.
- 12:06Sloane reads it as a promise to stand down,
- 12:09but the same Truth Social post says America will soon "finish the job" in Iran
- 12:14unless Iran changes its ways,
- 12:15with no exception for who wins in Israel.
- 12:18So the Israeli vote changes only whether we fight with a partner or alone.
- 12:23"Not inclined" is Scarlett O'Hara closing Gone with the Wind: "After all,
- 12:27tomorrow is another day!"
- 12:29That's not a refusal; it's a rain check.
- 12:31Sloane's right that Congress could settle this with one vote.
- 12:35But until it does, a foreign electorate is shaping an American war,
- 12:39and a president's reluctance is the flimsiest firewall in Washington.
- 12:44Nora Kessler: No, NO, Grant, you just refuted yourself.
- 12:46If Trump's "finish the job" line carries no exception for who wins in Israel,
- 12:52then Israeli voters aren't shaping the war at all.
- 12:55Trump is.
- 12:55Blaming their ballot is outsourcing the blame.
- 12:59Arthur Kline: Enough exegesis.
- 13:00Does the endorsement move a single Israeli vote?
- 13:03Nora Kessler: Probably not many, Arthur,
- 13:05and the precedent suggests it could cost more votes than it wins.
- 13:09Israeli voters have a long habit of resenting visible foreign meddling,
- 13:14and Netanyahu knows that better than anyone.
- 13:17In the nineties,
- 13:18President Bill Clinton made little secret of preferring Shimon Peres,
- 13:23and Netanyahu won anyway.
- 13:25That also answers who is actually shaping this war.
- 13:28Trump's "finish the job" line on Iran applies no matter who wins on October 27,
- 13:33so Israeli ballots aren't deciding it.
- 13:36A cheer from the visitors' section rarely moves the home crowd.
- 13:40What the endorsement does move is Washington's credibility.
- 13:44Vance declining to echo it tells Israelis this is one man's preference,
- 13:49not American policy, and that undercuts the threat Trump is trying to make.
- 13:54Sloane Barrett: Nora's credibility argument has it backwards, Arthur.
- 13:58Vance declining to echo the endorsement doesn't show Israelis that this is one man's
- 14:03preference rather than American policy.
- 14:05It shows that, on Iran, one man's preference IS American policy.
- 14:10War policy shouldn't be whatever the President posts on Truth Social or whatever the
- 14:15Vice President tells Mark Halperin's audience.
- 14:18Under Article I, that decision belongs to Congress.
- 14:21And Nora's backlash point won't faze this President.
- 14:25His posture toward foreign resentment comes straight from Nas and Puff Daddy:
- 14:30Escobar...
- 14:30I demand yours...
- 14:31You can hate me now, but I won't stop now / 'Cause I can't stop now,
- 14:36you can hate me now.
- 14:37So stop grading the Vice President's manners.
- 14:40A Congress that wants a credible Iran policy should vote on one, yes or no,
- 14:45before "finish the job" turns into a press release.
- 14:48Grant Mercer: Sloane, that's absurd — you just restated Nora's point and called it a rebuttal.
- 14:53If one man's post were American policy,
- 14:55his own Vice President wouldn't go on Halperin's show to decline it.
- 14:59That's the hype man walking offstage.
- 15:02Arthur Kline: Grant says Vance's shrug proves one post isn't policy.
- 15:06Is the president's vow to finish the job in Iran just a post, Eli?
- 15:11Eli Navarro: No, Arthur, it's not just a post, and the Vance evidence cuts the other way.
- 15:15Read what the Vice President declined on Halperin's show: the Netanyahu endorsement,
- 15:20and nothing else.
- 15:21He didn't say one word walking back "finish the job" in Iran.
- 15:24The hype man left the stage during the campaign jingle and stayed for the war
- 15:28anthem.
- 15:29The only half of that post anyone in this administration has disowned is the half
- 15:33without bombs in it.
- 15:35What this table keeps missing is that silence from the number two isn't dissent.
- 15:39It's ratification.
- 15:40A President who can strike first and report to Congress later doesn't need a policy
- 15:45memo.
- 15:45When the Commander in Chief can act on a sentence, the sentence IS the policy.
- 15:50Arthur Kline: The President stumps for Netanyahu, the Vice President abstains, and Congress,
- 15:55true to form, declares nothing.
- 15:59Arthur Kline: ISSUE THREE — Habba, Grenell, a phantom donation.
- 16:02On October 9,
- 16:03Alina Habba met President Trump at the White House and accused former Kennedy Center
- 16:09leader Ric Grenell of steering her husband,
- 16:12Turhan Mildon,
- 16:13into a payment that included a donation to the center that never arrived.
- 16:18A financial record dated May 29, 2025,
- 16:21reportedly shows $17.6 million wired to Houston-based Texas Armament & Technology,
- 16:27with roughly $5.6 million allegedly intended for the Kennedy Center.
- 16:32Trump directed White House Counsel Will Scharf to investigate.
- 16:37In his denial,
- 16:38Grenell called the accusations "absurd" and said he received no payment from Mildon.
- 16:44Grant, Ric Grenell calls the accusations "absurd."
- 16:47Corruption worth investigating, or a MAGA family feud with a wire transfer attached?
- 16:54Grant Mercer: Arthur, that's a false choice.
- 16:56A family feud is how most corruption gets discovered,
- 16:59because nobody files a complaint about an arrangement that's going smoothly.
- 17:03Loyalty is forever, right up until a donation goes missing.
- 17:07Grenell may well be innocent, but look at who's investigating.
- 17:11Will Scharf is White House Counsel, and his client is the President,
- 17:15the same President who installed Grenell at the Kennedy Center.
- 17:18That's the boss grading his own hire.
- 17:21In All the President's Men,
- 17:22Deep Throat tells reporter Bob Woodward in that parking garage to "follow the
- 17:27money," and here the money already left a trail:
- 17:30a wire to a Houston arms company and a promised donation that never arrived.
- 17:34Hand those records to the Justice Department, not the President's lawyer.
- 17:38Nora Kessler: Wait, Grant, follow the money and it starts with Mildon.
- 17:42Wiring millions to a Houston arms company on the promise of a Kennedy Center
- 17:47donation means he paid to get near power.
- 17:50That's a participant, not a victim.
- 17:53Arthur Kline: So Mildon bought a ticket to the president and now wants a refund.
- 17:57Sloane, is the buyer a victim or a co-conspirator?
- 18:01Sloane Barrett: Co-conspirator overstates it, Arthur, because paying for access isn't a crime;
- 18:06buying a gala table is how every arts charity keeps the lights on.
- 18:11The alleged fraud runs the other direction.
- 18:13A text message dated May 3, 2025, reviewed by Axios,
- 18:17allegedly shows Grenell promising that once money reached Texas Armament &
- 18:22Technology,
- 18:23he'd arrange a Kennedy Center donation,
- 18:25and Mildon would get VIP events and closeness to the President.
- 18:29Grenell denies sending it.
- 18:31But if it's real, Mildon is a vain man who got swindled, and vanity isn't a felony,
- 18:37or Washington would be empty.
- 18:39The question that matters is whether the Kennedy Center's name was used to sell a
- 18:44donation that never existed.
- 18:46That deserves a prosecutor, not the President's lawyer.
- 18:50Nora Kessler: A gala table, Arthur, is a check made out to the Kennedy Center.
- 18:54Mildon's money went to a Houston arms company,
- 18:57most of it never even earmarked for the arts,
- 19:00in exchange for promised closeness to the President.
- 19:03That isn't philanthropy;
- 19:05it's paying a middleman for access to the most powerful man on earth,
- 19:10and getting shortchanged doesn't turn the buyer into a victim.
- 19:14The 1919 Black Sox,
- 19:15the White Sox players who took gamblers' money to throw the World Series,
- 19:20were stiffed on most of their promised payoff too.
- 19:23Nobody remembers them as swindled.
- 19:25What Sloane and Grant have both missed is who curated the evidence:
- 19:30Mildon's own attorneys.
- 19:31Treat him as a witness with exposure, not a complainant with a grievance.
- 19:36Eli Navarro: Nora, that's backwards.
- 19:37Your Black Sox analogy convicts the wrong man:
- 19:40the players were the ones selling something that wasn't theirs.
- 19:43Here, that's whoever sold proximity to the President.
- 19:46Mildon's the gambler; the alleged seller is the scandal.
- 19:49Nora Kessler: See, Eli, the gamblers weren't innocent either; they bankrolled the fix.
- 19:54Calling Mildon the gambler concedes my point.
- 19:56A buyer of access isn't a victim because the seller's worse,
- 20:00and his own lawyers picked which records Scharf sees.
- 20:04Eli Navarro: Bankrolling the fix didn't make the gamblers the scandal, Arthur,
- 20:07and Nora's own analogy keeps proving my point.
- 20:10Baseball banned eight White Sox players for life, while Arnold Rothstein,
- 20:14the New York gambler widely believed to have financed it, was never charged.
- 20:18The disgrace stuck to the men selling what wasn't theirs to sell,
- 20:22and here that's whoever allegedly sold access to the President.
- 20:25Nora is right that Mildon's lawyers picked which records Will Scharf sees,
- 20:29which is exactly why prosecutors with subpoena power belong on this.
- 20:33Grenell says he never sent that May 3 text.
- 20:35That's Yogi's line,
- 20:36"I really didn't say everything I said," promoted to a legal defense.
- 20:40Phone records can settle it.
- 20:41The President's lawyer can't.
- 20:43Grant Mercer: Eli, that's absurd.
- 20:44Arnold Rothstein walking free isn't the moral of the Black Sox story;
- 20:48it's the miscarriage of it.
- 20:50Subpoena both ends of that wire, Grenell and Mildon,
- 20:53and stop handing out halos before the phone records arrive.
- 20:57Eli Navarro: Grant, absurd is calling that a halo!
- 20:59I never said Rothstein walking free was justice;
- 21:02I said the disgrace landed on the sellers.
- 21:05And subpoena both ends?
- 21:06I demanded prosecutors with subpoena power one breath ago.
- 21:10Welcome aboard.
- 21:11Grant Mercer: Eli's subpoena wasn't aimed at both ends, Arthur.
- 21:14It was aimed at one phone.
- 21:16He said phone records could settle whether Grenell sent that May 3 text,
- 21:20and he cast Turhan Mildon as the gambler whose role is backstory, not scandal.
- 21:24That's the halo: not a claim of innocence,
- 21:27but a quiet decision about whose records nobody bothers to request.
- 21:31Mildon's own attorneys picked which documents Will Scharf received,
- 21:35so a prosecutor needs Mildon's bank and phone records just as much as Grenell's.
- 21:40If that wire to Texas Armament & Technology bought access,
- 21:43the buyer knows exactly what he thought he was paying for.
- 21:46Eli can welcome me aboard all he likes.
- 21:49I just want the subpoenas addressed to two men, not one.
- 21:52Sloane Barrett: Grant, listen: Mildon's records are the ones he has already volunteered.
- 21:57Subpoenas exist for records nobody hands over, and Will Scharf,
- 22:01as White House Counsel, can't issue a single one.
- 22:04Send this to a grand jury, not a desk drawer.
- 22:08Arthur Kline: An investigation without subpoena power is a suggestion box.
- 22:12Nora, is Sloane right that Scharf only sees what Mildon chooses to show?
- 22:17Nora Kessler: Not quite, Arthur, because Scharf's blind spot is narrower than Sloane suggests.
- 22:22He can't issue a subpoena, true, but the other end of this transaction isn't hidden.
- 22:28The Kennedy Center can tell the White House in an afternoon whether a single dollar
- 22:33ever arrived,
- 22:34no grand jury required.
- 22:36So the problem isn't what Scharf can see; it's who picked his inbox.
- 22:40Habba didn't take this to the FBI or a federal prosecutor.
- 22:44She took it straight to the President.
- 22:46Mildon allegedly paid for proximity to the President, and when the deal soured,
- 22:51he used his wife's proximity to the President to file the complaint.
- 22:56Very consistent shopping habits.
- 22:58Everyone at this table wants a grand jury now,
- 23:01and nobody has asked why the complainant skipped one.
- 23:05Arthur Kline: And now, The Herald — with Simone Hargrove.
- 23:09Simone Hargrove: This is The Herald — the week beyond the table.
- 23:12On October 21,
- 23:13the Supreme Court declined to let the Trump administration immediately enforce
- 23:19restrictions on medical care for transgender people held in federal prisons.
- 23:25The Bureau of Prisons policy, adopted under Executive Order 14168 of January 2025,
- 23:31would have halted surgeries, tapered hormone treatment,
- 23:35and ended accommodations such as makeup and wigs.
- 23:39For now, the restrictions remain on hold.
- 23:42A driver was shot and killed on October 20 while crossing the George Washington
- 23:48Bridge,
- 23:48the major roadway linking New York and New Jersey.
- 23:52The Port Authority Police Department is investigating the shooting.
- 23:57In Ohio,
- 23:58a chemical tank leak at the MC Tank Transport terminal in Toledo forced evacuations
- 24:04on October 20.
- 24:05Authorities allowed the plume to vent while the evacuations were in place.
- 24:11The Ohio Environmental Protection Agency is investigating.
- 24:15And in business,
- 24:16on October 20 the Federal Aviation Administration cleared Boeing's long-delayed 737
- 24:22Max 10 to enter airline service.
- 24:25The approval removes a major regulatory hurdle for the largest aircraft in the Max
- 24:31family,
- 24:31which Boeing unveiled nearly a decade ago.
- 24:35From beyond the table — I'm Simone Hargrove.
- 24:38The Agora continues.
- 24:41Arthur Kline: ISSUE FOUR — LIGHTNING ROUND — a deleted tweet at CBS.
- 24:45On October 17, at a Michigan town hall,
- 24:48a questioner named Tommy asked Abdul El-Sayed, the Democratic Senate nominee,
- 24:54to disavow the Muslim Brotherhood, and El-Sayed answered, "Yeah, sure,
- 24:59absolutely," then challenged the premise.
- 25:02In a now-deleted X post,
- 25:04CBS News chief legal correspondent Jan Crawford thanked Tommy and called the
- 25:09response a "spectacular self own."
- 25:12On October 18,
- 25:13Crawford said she deleted it for violating CBS News standards and apologized.
- 25:19Sloane, Crawford's post called El-Sayed's answer a "self own".
- 25:23Whose self own was it?
- 25:25Sloane Barrett: Arthur, the question assumes El-Sayed stumbled.
- 25:28He didn't.
- 25:29The self own is Jan Crawford's.
- 25:31A chief legal correspondent should know Article VI of the Constitution,
- 25:36which bars any religious test as a qualification for federal office.
- 25:40It binds the government, not Tommy, but the principle is the point:
- 25:45demanding that a Muslim candidate disavow the Muslim Brotherhood is a religious test
- 25:51in town-hall form,
- 25:52and El-Sayed rightly said it implied "dual loyalties."
- 25:55Nothing showcases legal expertise like cheering a religious test,
- 26:00then deleting the applause the next day.
- 26:02Grant Mercer: Sloane, seriously, the Muslim Brotherhood is a political organization,
- 26:06not a religion.
- 26:07Calling that question a religious test treats Islam and the Brotherhood as the same
- 26:12thing,
- 26:12which is the exact smear you're condemning.
- 26:14Sloane Barrett: Wrong, Grant, the test isn't the organization, it's who gets asked.
- 26:19Nobody demands an Irish Catholic nominee disavow the Irish Republican Army.
- 26:24The question lands on El-Sayed because he's Muslim,
- 26:27so the conflation is the questioner's, not mine.
- 26:31Arthur Kline: Sloane says the bias lives in the asking, not the answer.
- 26:35Defend the question or concede the double standard, Grant.
- 26:39Grant Mercer: Arthur, Sloane's Irish Catholic test proves the opposite.
- 26:42Candidates get pressed on extremists claiming their community all the time:
- 26:47CNN's Jake Tapper famously pressed Donald Trump to disavow David Duke,
- 26:52the former Ku Klux Klan leader,
- 26:54and nobody called that a test of Trump's Protestantism.
- 26:57A disavowal question lands on whoever the fringe claims, fair or not.
- 27:02El-Sayed said "absolutely" on the spot, then challenged the premise.
- 27:06That's a candidate handling a clumsy question well.
- 27:09Crawford's sin was gloating, not the question.
- 27:12Eli Navarro: Grant, seriously, David Duke had endorsed Trump; that's why Tapper asked.
- 27:17The Muslim Brotherhood never endorsed El-Sayed.
- 27:20Your analogy requires an endorsement; Tommy's question required only a last name.
- 27:24Grant Mercer: Eli, nonsense.
- 27:25Endorsements aren't the trigger.
- 27:27Chris Wallace pressed Trump in a presidential debate to condemn the Proud Boys,
- 27:32who never endorsed him.
- 27:34Tommy's question was clumsy, not bigoted.
- 27:37Crawford's victory lap was the scandal.
- 27:39Eli Navarro: Grant's Proud Boys example cuts against him, Arthur.
- 27:42Chris Wallace didn't single out the Proud Boys.
- 27:45He asked Trump to condemn white supremacists and militias,
- 27:49Trump asked whom to condemn, and Joe Biden supplied the name.
- 27:52That question tracked groups already rallying on Trump's side.
- 27:56The Muslim Brotherhood was nowhere near El-Sayed's campaign.
- 28:00Tommy's evidence was a hunch and a surname.
- 28:02El-Sayed said "absolutely" anyway.
- 28:04Verdict: Crawford's self own, and CBS filed the paperwork.
- 28:08Sloane Barrett: Eli, please, you just turned a religious test into a paperwork problem.
- 28:12By your standard,
- 28:14find one Brotherhood-linked donor and Tommy's question becomes fair game.
- 28:18The flaw isn't missing evidence.
- 28:20It's demanding a Muslim nominee prove his loyalty at all.
- 28:24Eli Navarro: Sloane, wrong.
- 28:25I didn't lower the bar, I located it.
- 28:27An actual endorsement makes the question about the endorsement; with no link at all,
- 28:33the only trigger left is his faith.
- 28:35My standard doesn't excuse your religious test.
- 28:38It proves it.
- 28:39Nora Kessler: Eli's bar has a trapdoor, Arthur.
- 28:41If an endorsement is what makes a disavowal question fair,
- 28:45then any fringe group can manufacture that question by endorsing whichever candidate
- 28:50it wants smeared.
- 28:51The trigger should be the candidate's own conduct,
- 28:55not his faith and not the fringe's choices.
- 28:58The real scandal is the burden.
- 29:00Branch Rickey asked Jackie Robinson, the man who broke baseball's color barrier,
- 29:05to absorb every insult without answering back, and Abdul El-Sayed got the same deal:
- 29:10flawless composure on a test nobody else sits.
- 29:13He passed.
- 29:14Jan Crawford flunked hers.
- 29:16Sloane Barrett: Nora, please— your own analogy breaks.
- 29:18El-Sayed didn't absorb anything in silence, he challenged the premise out loud.
- 29:24Robinson's silence was a bargain he struck to get on the field.
- 29:28Article VI exists so no candidate has to strike one.
- 29:31Nora Kessler: Sloane, you're grading the wrong half.
- 29:34He said "absolutely" first, swallowing the insult before he answered it,
- 29:39and that's the burden my analogy named.
- 29:41Nobody chooses that bargain; it's imposed.
- 29:44And Article VI binds governments, not town-hall questioners.
- 29:49Arthur Kline: The chief legal correspondent rendered her verdict Saturday and reversed herself on
- 29:54appeal Sunday.
- 29:55Swift justice, at least.
- 29:58Arthur Kline: ISSUE FIVE — LIGHTNING ROUND — McConaughey pitches independents.
- 30:03On October 18,
- 30:04Matthew McConaughey posted a six-minute video on X urging voters to consider
- 30:09independent candidates in the 2026 midterm elections.
- 30:13In that video,
- 30:14McConaughey said he was endorsing "fairness and reality," rather than a candidate or
- 30:20party.
- 30:21He cited a figure that 87 percent of U.S.
- 30:24House seats in 2024 were effectively decided in party primaries by 7 percent of
- 30:29eligible voters.
- 30:31Grant, Matthew McConaughey says he's endorsing "fairness and reality," not a party.
- 30:37Real reform, or a very handsome shrug?
- 30:40Grant Mercer: Neither, Arthur.
- 30:41He's got the right diagnosis and the wrong cure.
- 30:44If a sliver of voters picks most House members in primaries,
- 30:48as McConaughey's figure says, that's a rules problem,
- 30:51and an independent on the November ballot doesn't change the rules.
- 30:55He usually splits the vote and hands the seat to the primary winner.
- 31:00Fix the primary instead: open it to every voter,
- 31:03or use ranked-choice voting so a spoiler can't spoil.
- 31:06I'm a center-right guy on a lonely bar stool, his exact target audience,
- 31:11and even I want a bill, not a voiceover.
- 31:14Arthur Kline: Right diagnosis, wrong cure, says the man whose party wrote the rules.
- 31:19Sloane, is Grant right that primaries need new rules, not movie-star independents?
- 31:25Sloane Barrett: Grant's cure runs straight into the First Amendment, Arthur.
- 31:29In California Democratic Party v.
- 31:31Jones, the Supreme Court struck down California's blanket primary,
- 31:35holding that forcing a party to let nonmembers choose its nominee violates its
- 31:40freedom of association.
- 31:42And look again at McConaughey's figure.
- 31:44That 7 percent of eligible voters didn't seize the primaries;
- 31:48they're simply the people who showed up.
- 31:50Bold plan, rewriting the rules because everyone else stayed home.
- 31:54That's a turnout problem, and no statute legislates away apathy.
- 31:58Eli Navarro: Sloane, hang on.
- 31:59In Washington State Grange v.
- 32:01Washington State Republican Party,
- 32:03the Supreme Court upheld Washington's nonpartisan top-two primary.
- 32:08Jones blocks one design, not reform.
- 32:10And safe seats manufacture apathy.
- 32:12Low turnout isn't the cause; it's the symptom.
- 32:15Sloane Barrett: Eli, seriously—
- 32:16Washington State Grange upheld top-two because it doesn't pick party nominees at
- 32:21all.
- 32:22That isn't reforming primaries, it's abolishing them.
- 32:25And safe seats come from voters sorting where they live, not from rules.
- 32:30Eli Navarro: Abolishing?
- 32:31Washington still holds a primary, Arthur.
- 32:33Voters still cast ballots in it,
- 32:35and the parties remain free to anoint whomever they like at a convention.
- 32:40What changed is that a party's base no longer sets the November menu,
- 32:44and Justice Scalia's majority opinion in California Democratic Party v.
- 32:48Jones flagged exactly that nonpartisan design as constitutional.
- 32:52As for Sloane's sorting, voters choose where they live,
- 32:56but legislators draw the district lines around them.
- 32:59Nobody moves into a gerrymander on purpose.
- 33:01Nora Kessler: Eli, honestly, nobody gerrymandered Wyoming.
- 33:05It has one statewide House seat, no lines to draw,
- 33:08and it's as safe as any seat in the country.
- 33:12Sorting is real.
- 33:13Fix the maps, sure, but that's half the cure.
- 33:16Eli Navarro: Nora, Wyoming is your counterexample?
- 33:19A statewide seat is the exception, not the House,
- 33:22and legislators draw nearly every other district.
- 33:25And a safe seat with no map to blame is exactly where an open primary matters most.
- 33:31Arthur Kline: So the villain is the cartographer, not the primary.
- 33:34Grant, is Eli right that the map rigs the race before anyone votes?
- 33:39Grant Mercer: No, Arthur,
- 33:40because Eli's claim that legislators draw nearly every district isn't true.
- 33:45California, Arizona,
- 33:46Michigan and Colorado hand the pen to independent citizen commissions that keep
- 33:51legislators out of mapmaking,
- 33:52and those maps still produce plenty of safe seats,
- 33:56because Democrats and Republicans increasingly live in different neighborhoods.
- 34:00Even a saint with a ruler can't draw a competitive district through a cul-de-sac
- 34:05where everyone agrees.
- 34:07But Eli's last line makes my whole case: where the map can't be blamed,
- 34:11fix the primary.
- 34:12Welcome aboard, Eli.
- 34:13Sloane Barrett: Grant, your commission maps just proved my sorting point.
- 34:17Open a primary in a sorted district and the same like-minded neighbors still choose
- 34:22the winner.
- 34:23You can't redesign a ballot into a swing district.
- 34:26Turnout is the cure.
- 34:27Grant Mercer: Sloane, sure, the same neighbors, but all of them, not the base.
- 34:31In a sorted district,
- 34:33an open primary lets independents and the minority party choose which majority-party
- 34:38candidate wins.
- 34:39Different electorate, different winner.
- 34:42You wanted turnout.
- 34:43I'm sending invitations.
- 34:45Arthur Kline: Enough theory.
- 34:46Nothing tonight got settled, so now each of you stakes a reputation on a date —
- 34:51out loud, where it can be held against you.
- 34:56Arthur Kline: One forecast apiece.
- 34:57Specific, falsifiable, with a date or a number attached.
- 35:02No hedges; a "possibly" is just a waiver clause, and we saw tonight how those end.
- 35:08Go.
- 35:08Arthur Kline: Grant Mercer.
- 35:10Grant Mercer: Here's mine, Arthur: on December 15, when Rubio's sixty days expire,
- 35:15Executive Order 14436 will still be in force,
- 35:18and not a single Graham Act sanction on Russia or Iran will have taken effect.
- 35:24The study will be ongoing.
- 35:26Studies always are.
- 35:28Arthur Kline: Sloane Barrett.
- 35:29Sloane Barrett: Sticking with the phantom donation, Arthur.
- 35:32By December 31,
- 35:33White House Counsel Will Scharf's review of the Habba–Grenell accusations will not
- 35:38have been referred to the Justice Department,
- 35:41and no grand jury subpoena will have reached Ric Grenell or Turhan Mildon.
- 35:46The desk drawer always wins.
- 35:48Arthur Kline: Eli Navarro.
- 35:50Eli Navarro: My call is on Iran, Arthur.
- 35:52By December 31,
- 35:53neither the House nor the Senate will hold a recorded floor vote authorizing or
- 35:57blocking military action against Iran,
- 36:00even after Trump's October 18 Truth Social vow to "finish the job."
- 36:04Congress will declare exactly what it declared tonight: nothing.
- 36:08Arthur Kline: Nora Kessler.
- 36:10Nora Kessler: Turning to Israel, Arthur.
- 36:12After the October 27 election, no government, Netanyahu's or anyone's,
- 36:17will win a confidence vote in the Knesset, Israel's parliament, by December 31.
- 36:22Trump's endorsement will have bought exactly what his sanctions waiver bought:
- 36:28a long wait.
- 36:30Arthur Kline: Grant bets on the study, Sloane on the drawer, Eli on silence, Nora on deadlock —
- 36:36inertia, it seems, has a quorum.
- 36:39I'm Arthur Kline.
- 36:40THE AGORA IS ADJOURNED.