Latest / Pod Save America / "Jackasses v Jackson."
Transcript
- 0:02Speaker 1: Welcome to Pod Save America.
- 0:22Speaker 2: I'm Jon Favreau.
- 0:23Speaker 3: I'm Jon Lovett.
- 0:23Speaker 4: I'm Tommy Vitor.
- 0:24Speaker 1: On today's show, Supreme Court nominee Katonji Brown-Jackson sails through
- 0:27Speaker 1: the first day of Republican attacks during her confirmation hearing.
- 0:31Speaker 5: U.S.
- 0:31Speaker 1: Surgeon General Dr. Vivek Murthy joins to talk through the
- 0:34Speaker 1: White House's plea for COVID funding in advance of a
- 0:37Speaker 1: possible uptick in cases. And comedian director Judd Apatow will
- 0:40Speaker 1: be here in studio for a special round of Take Appreciator.
- 0:44Speaker 3: How's that?
- 0:44Speaker 5: That's cool.
- 0:45Speaker 1: That's exciting. Before we start, the first two episodes of
- 0:48Speaker 1: Stuck with Damon Young are out now. Also exciting.
- 0:51Speaker 4: Nice.
- 0:52Speaker 1: First up, Damon talks to Nicole Hannah-Jones about all of
- 0:55Speaker 1: the racial and economic factors at play when parents choose
- 0:57Speaker 1: their child's school. Then, in the next episode, Damon is
- 1:01Speaker 1: joined by Saida Grundy and Jason Reynolds to deconstruct all
- 1:04Speaker 1: the weird, awkward, and terrifying intraracial anxieties people have about sex.
- 1:09Speaker 1: New episodes every Tuesday. Follow Stuck with Damon Young only
- 1:13Speaker 1: on Spotify.
- 1:14Speaker 4: I've not heard them yet, but the book is amazing,
- 1:16Speaker 4: so I can't wait to listen.
- 1:17Speaker 5: Very excited. Damon's book, that is.
- 1:19Speaker 1: Also, check out a brand new episode of X-Ray Vision
- 1:22Speaker 1: recorded live at South by Southwest. Jason and Rosie discuss
- 1:25Speaker 1: the upcoming Moon Knight series, the new trailer for Marvel
- 1:28Speaker 1: Studios' Ms. Marvel, and explore the historical and narrative importance
- 1:32Speaker 1: of multiverses in fiction and comics. New episodes of X-Ray
- 1:35Speaker 1: Vision drop every Friday. All right, let's get to the news.
- 1:40Speaker 1: Supreme Court nominee Ketanji Brown-Jackson appeared before the Senate Judiciary
- 1:43Speaker 1: Committee on Monday. to kick off the confirmation hearing that
- 1:46Speaker 1: will determine whether she becomes the 117th justice and the
- 1:50Speaker 1: first black woman to serve in the nation's highest court.
- 1:53Speaker 1: Judge Jackson has been confirmed by the Senate three times already.
- 1:56Speaker 1: When she was nominated to the U.S. Sentencing Commission in 2009,
- 1:59Speaker 1: to the D.C. District Court in 2012, and to the D.C.
- 2:02Speaker 1: Court of Appeals a year ago, where she was confirmed
- 2:04Speaker 1: by a bipartisan vote of 53 to 44. She'll be
- 2:07Speaker 1: confirmed again if all 50 Senate Democrats hang together. but
- 2:11Speaker 1: the slim margin means that there's little room for error,
- 2:13Speaker 1: which is why it's nice to have a confirmation veteran
- 2:15Speaker 1: like Judge Jackson as the nominee. Here's a clip from
- 2:18Speaker 1: her opening statement.
- 2:19Speaker 6: When I was born here in Washington, my parents were
- 2:22Speaker 6: public school teachers. And to express both pride in their
- 2:27Speaker 6: heritage and hope for the future, they gave me an
- 2:31Speaker 6: African name, Ketanji Onyeka, which they were told means lovely one.
- 2:39Speaker 6: My parents taught me That unlike the many barriers that
- 2:43Speaker 6: they had had to face growing up, my path was clearer.
- 2:48Speaker 6: So that if I worked hard and I believed in
- 2:51Speaker 6: myself in America, I could do anything or be anything
- 2:56Speaker 6: I wanted to be.
- 2:57Speaker 1: What did you guys think of Judge Jackson's opening statement?
- 2:59Speaker 5: Love it?
- 3:01Speaker 3: Brings me no pleasure to report this.
- 3:02Speaker 5: I think she blew it.
- 3:02Speaker 3: I think it's a mess and I think they'll have
- 3:07Speaker 3: to clean it up.
- 3:09Speaker 1: Tommy, do you have a dissenting view?
- 3:13Speaker 4: Dissenting view, yeah. I mean, there's very few people probably
- 3:17Speaker 4: in the history of this process who are better prepared
- 3:20Speaker 4: than Judge Jackson was. ABA, well-qualified, fourth confirmation hearing, recently
- 3:26Speaker 4: got a bipartisan vote. You know, like day one is
- 3:29Speaker 4: always the least fireworks day. It's a lot of speeches
- 3:33Speaker 4: from very old U.S. senators, opening statement from the nominee.
- 3:37Speaker 4: But like what I took away from her remarks were,
- 3:39Speaker 4: I remember her adorable family. She was talking about her
- 3:44Speaker 4: college friends who were there. She was talking about her
- 3:45Speaker 4: speech coach, her younger brother, did two tours in the army.
- 3:49Speaker 4: It was touching to hear her talk about trying to
- 3:52Speaker 4: get the balance right between being a mom and being
- 3:55Speaker 4: a professional and failing sometimes. It was a lot of
- 3:58Speaker 4: focus on that personal. She pledged to make equal justice
- 4:01Speaker 4: under the law a reality. Hard to argue with that
- 4:04Speaker 4: in an opening statement. We'll get into Josh Hawley and
- 4:06Speaker 4: some of the jerks later, but Very good performance.
- 4:10Speaker 3: Jokes aside, it was personal. It was poignant. It was moving.
- 4:13Speaker 3: You felt the history as she described what her parents
- 4:17Speaker 3: had been through. You felt it when she talked about
- 4:19Speaker 3: being a mom. You felt it when she talked about
- 4:22Speaker 3: not always feeling like she got the work balance right
- 4:25Speaker 3: as a mom on her way to this place. And
- 4:27Speaker 3: the whole thing was just one big dare to these
- 4:30Speaker 3: fucking smug pricks to vote against her. It's just unbelievable.
- 4:34Speaker 1: I should say, to your point about all the speeches, Tommy,
- 4:36Speaker 1: there were no questions today, which is one reason why.
- 4:38Speaker 5: Zero questions.
- 4:39Speaker 1: The opening day, there's just such a weird way to
- 4:42Speaker 1: do the process. Literally a speech from every senator on
- 4:45Speaker 1: the Judiciary Committee and then a short 10-minute statement from
- 4:49Speaker 1: Katonji Brown-Jackson at the end. And that was it. We
- 4:51Speaker 1: called it a day.
- 4:53Speaker 3: These people love to fucking hear themselves talk. It's a
- 4:55Speaker 3: meeting that could have been an email.
- 4:57Speaker 1: But no, I thought the statement was wonderful. She took
- 5:01Speaker 1: great pains to emphasize her judicial independence. There were some
- 5:04Speaker 1: nice touches. You guys mentioned sort of the family stuff
- 5:08Speaker 1: that she talked about in her background. You know, she
- 5:11Speaker 1: also talked about how her opinions are long because she
- 5:14Speaker 1: believes in transparency and she believes in the importance of
- 5:17Speaker 1: having each litigant know that she has heard them, which
- 5:20Speaker 1: I thought was really nice. She emphasized her 10 years
- 5:23Speaker 1: as a judge. There was a nod to history and
- 5:26Speaker 1: that she mentioned that she stands on the shoulders of
- 5:28Speaker 1: Constance Baker Motley. the first black woman to argue with
- 5:31Speaker 1: the Supreme Court and the first appointed to the federal
- 5:33Speaker 1: judiciary who happens to share a birthday with Katonji Brown Jackson.
- 5:36Speaker 1: So there's a lot of nice touches in there in
- 5:41Speaker 1: her opening statement. How would you guys characterize the confirmation
- 5:44Speaker 1: strategy based on the statements from Jackson and all the
- 5:49Speaker 1: Democratic senators on the Judiciary Committee? What are they all
- 5:52Speaker 1: going for here?
- 5:53Speaker 4: I mean, well, I think Justice Alana Kagan is once
- 5:56Speaker 4: wrote in a book about the process, the safest and
- 5:59Speaker 4: surest route to the prize lay in alternating platitudinous statement
- 6:03Speaker 4: and judicious silence.
- 6:05Speaker 1: That's really good.
- 6:06Speaker 4: John Roberts gave similar advice to Sandra Day O'Connor when
- 6:10Speaker 4: she was before the Senate. So the nominees try to
- 6:13Speaker 4: say as little as they possibly can without insulting anybody. And,
- 6:18Speaker 4: you know, the Democrats are obviously on board, if not
- 6:20Speaker 4: thrilled with the pick. There was some very emo moments
- 6:24Speaker 4: from Lindsey Graham. Lindsay's still working through some things. This is, again,
- 6:27Speaker 4: a confirmation hearing that could have been a therapy session.
- 6:31Speaker 4: He's still very mad about Brett Kavanaugh.
- 6:34Speaker 3: It gives away the game a little. Their decision to
- 6:36Speaker 3: bring out Kavanaugh at this moment is a way to
- 6:40Speaker 3: score a point that actually does nothing to help them
- 6:42Speaker 3: in this hearing. It's not strategic, which kind of tells
- 6:46Speaker 3: you where this is heading.
- 6:48Speaker 4: What do you guys make of this, that they're trying
- 6:49Speaker 4: to be the civility guy? party after four years of Trump.
- 6:53Speaker 1: I think they've learned that you can be a hypocrite
- 6:56Speaker 1: on anything and no one cares about hypocrisy because no
- 6:59Speaker 1: one has any kind of memory anymore.
- 7:00Speaker 5: They're shameless. It's shameless.
- 7:02Speaker 3: I think, of course, they are shameless. I think they genuinely,
- 7:05Speaker 3: I think it is a genuine, not just for the cameras,
- 7:09Speaker 3: a genuine article of faith on the right that Bork
- 7:13Speaker 3: to Clarence Thomas to Brett Kavanaugh to Harry Reid nuking
- 7:17Speaker 3: the filibuster for lower court judges is the story of
- 7:20Speaker 3: of left-wing radicalism on the court. I don't agree with it,
- 7:25Speaker 3: but I think they genuinely have internalized that. They believe it.
- 7:28Speaker 3: They believe Kavanaugh was a culmination of that.
- 7:30Speaker 1: They talk about it all the time. I mean, they
- 7:32Speaker 1: talked about it today a lot, but they have... Lindsey
- 7:34Speaker 1: Graham has been saying it since the Kavanaugh hearings.
- 7:36Speaker 7: No, of course.
- 7:37Speaker 1: Every time you get them in front of a camera.
- 7:38Speaker 3: No, no, I'm saying this is their sincere story. They
- 7:41Speaker 3: really believe it.
- 7:42Speaker 1: But anyway, back to the Democrat strategy here, because we're
- 7:44Speaker 1: going to get to the Republican attacks in a second.
- 7:47Speaker 1: I do think they are trying their hardest to sort
- 7:50Speaker 1: of present her as a qualified historic nominee whose judicial
- 7:53Speaker 1: philosophy is right in the mainstream. They keep saying that
- 7:56Speaker 1: over and over again. Patrick Leahy of Vermont, former judiciary
- 7:59Speaker 1: chairman himself, he said that she's no judicial activist and
- 8:03Speaker 1: is not anti-law enforcement or soft on crime. They've all
- 8:06Speaker 1: mentioned how she's been praised by conservative judges, lawyers from
- 8:10Speaker 1: both sides, prosecutors and defenders who've been in front of her.
- 8:13Speaker 1: They've talked about how she comes from a law enforcement family.
- 8:15Speaker 1: They've mentioned that these law enforcement groups, police groups support her,
- 8:19Speaker 1: have put out statements of support.
- 8:20Speaker 4: She's got the Fraternal Order of Police endorsement, has relatives
- 8:23Speaker 4: who are cops.
- 8:24Speaker 1: Yeah, and you can really, you can tell that this
- 8:27Speaker 1: is sort of confounding Republicans a bit. Like Mitch McConnell
- 8:30Speaker 1: at one point said, You know, I interviewed her and
- 8:32Speaker 1: she said she has no judicial philosophy, but then all
- 8:35Speaker 1: of her backers are saying that it's mainstream. So which
- 8:37Speaker 1: is it? I'm like, is it no philosophy or a
- 8:41Speaker 1: mainstream philosophy?
- 8:42Speaker 5: I gotcha.
- 8:43Speaker 8: That's fine.
- 8:44Speaker 1: But, you know, Senate Republicans keep saying they want to
- 8:46Speaker 1: treat Judge Jackson with respect and avoid personal attacks. They're
- 8:49Speaker 1: taking great pains to say that, which is, you know,
- 8:51Speaker 1: something they continue to mention as a way to complain
- 8:53Speaker 1: about Kavanaugh. But in their opening statements, a number of
- 8:55Speaker 1: them went after Jackson's record on affirmative action, child pornography,
- 8:58Speaker 1: the representation of Guantanamo Bay detainees, and her position on
- 9:02Speaker 1: expanding the Supreme Court. Take a listen.
- 9:04Speaker 9: Her supporters look at her resume and deduce a special
- 9:08Speaker 9: empathy for criminals. I guess that means that government prosecutors
- 9:12Speaker 9: and innocent crime victims start each trial at a disadvantage.
- 9:19Speaker 3: So the next morning there were headlines all over the country, really.
- 9:23Speaker 6: Accusing Judge Kavanaugh of being basically Bill Cosby.
- 9:27Speaker 1: None of us are going to do that to you.
- 9:30Speaker 10: When it comes to free speech, this committee should inquire,
- 9:34Speaker 10: will you protect the rights of Americans to speak, to
- 9:37Speaker 10: say unpopular ideas, to say ideas that the government doesn't
- 9:41Speaker 10: want you to say that you nonetheless have a right
- 9:43Speaker 10: to say?
- 9:44Speaker 5: Will you protect freedom or restrict it?
- 9:47Speaker 10: They have the most radical view of what a judge
- 9:50Speaker 10: should do, and you were their choice. And you'll be asked,
- 9:53Speaker 10: do you support expanding the Supreme Court?
- 9:56Speaker 3: I hope you give us an answer because it shouldn't
- 9:59Speaker 3: be hard. Either you do or you don't.
- 10:02Speaker 5: States versus Hawkins.
- 10:03Speaker 2: This was a child pornography case where the defendant distributed
- 10:06Speaker 2: multiple images of child porn, possessed dozens more, including videos.
- 10:11Speaker 2: The federal sentencing guidelines recommended a sentence of 97 to
- 10:14Speaker 2: 121 months in prison. Prosecutors recommended 24 months in prison.
- 10:21Speaker 2: Judge Jackson gave the defendant three months in prison.
- 10:24Speaker 1: So can you guys detect a Republican strategy here for
- 10:29Speaker 1: a hearing that, you know, seems like it will result
- 10:32Speaker 1: in a confirmation?
- 10:33Speaker 5: Yeah, well, it's funny.
- 10:34Speaker 4: It's interesting to me that Lindsey Graham, it never occurs
- 10:36Speaker 4: to him that maybe the distinction between the two hearings,
- 10:38Speaker 4: that there's no credible allegation of sexual assault in this one.
- 10:42Speaker 4: Maybe that's why it's not coming up. You know, look,
- 10:45Speaker 4: the Republicans calling Democrats soft on crime is a very,
- 10:49Speaker 4: very old story. It was weaponized during Nixon and Reagan,
- 10:54Speaker 4: but it's something we see all the time. So clearly
- 10:57Speaker 4: that's the angle they're going for. They're trying to demonize
- 10:59Speaker 4: her record as a public defender. She would be the
- 11:01Speaker 4: first public defender ever on the Supreme Court, that's actually
- 11:05Speaker 4: an exciting thing. It's full of prosecutors normally. And I
- 11:07Speaker 4: think you would think that conservatives who like limited government
- 11:12Speaker 4: would think that there is some value in protecting your
- 11:16Speaker 4: average citizen from the overwhelming power of the state to
- 11:19Speaker 4: prosecute you and throw you in jail for life. But no,
- 11:22Speaker 4: they would rather demagogue that and go after rulings perceived
- 11:25Speaker 4: as lenient. And then Josh Hawley is just really into
- 11:28Speaker 4: child porn. At the hearing as an issue.
- 11:33Speaker 1: What's up with this child pornography attack from Josh Hawley?
- 11:36Speaker 1: And why has it already been widely discredited?
- 11:40Speaker 3: Yeah, so I had the good fortune of not seeing
- 11:45Speaker 3: the attack directly. The first thing I saw about it,
- 11:47Speaker 3: believe it or not, was an article in National Review
- 11:50Speaker 3: by Andrew McCarthy, who is a right-winger, a right-wing legal analyst.
- 11:56Speaker 1: Opposes Katonji Brown-Jackson's nomination.
- 11:58Speaker 3: Opposes the nomination, has been... uh, one of the most
- 12:01Speaker 3: ferocious right wing conservatives, uh, uh, there is. And what,
- 12:07Speaker 3: what he said was the implication that she has a
- 12:10Speaker 3: soft spot for sex offenders who prey on children because
- 12:12Speaker 3: she argued against severe mandatory minimum prison sentence for the
- 12:15Speaker 3: receipt and distribution of pornographic images is a smear. So
- 12:18Speaker 3: he decided it was a smear.
- 12:20Speaker 1: He's, he said, meritless to the point of demagoguery.
- 12:24Speaker 3: Uh, and, uh, Yeah, I mean, put it in Josh
- 12:28Speaker 3: Hawley's Wikipedia.
- 12:29Speaker 4: And specifically, one of the things that Josh Hawley did
- 12:32Speaker 4: that was most egregious was he took screenshots of her
- 12:36Speaker 4: quoting back witness testimony and suggested that these were her
- 12:40Speaker 4: opinions that she was stating, when in fact she was
- 12:42Speaker 4: repeating back to a witness what the witness had said
- 12:45Speaker 4: in the form of a question. So that is really
- 12:48Speaker 4: incredibly misleading.
- 12:49Speaker 1: Completely out of context, so that's that. And then on
- 12:51Speaker 1: the sentencing itself, Hawley argues, just so everyone knows, that
- 12:55Speaker 1: she handed down lighter sentences on child pornography cases, lighter
- 12:59Speaker 1: than the Justice Department was seeking or the U.S. sentencing
- 13:01Speaker 1: guidelines recommended. But her sentences in five of the seven
- 13:05Speaker 1: cases were the same as or greater than what the U.S.
- 13:07Speaker 1: Probation Office recommended. And most judges in the country, conservative
- 13:12Speaker 1: or liberal, issue sentences below the guidelines, including many judges
- 13:17Speaker 1: that Josh Hawley and other Republicans have confirmed. Judges issue
- 13:21Speaker 1: below guideline sentences in child pornography cases in nearly 80%
- 13:24Speaker 1: of cases in Washington, D.C., where Katonji Brown Jackson sit,
- 13:28Speaker 1: and 77% of cases in Missouri, where Josh Hawley, senator,
- 13:31Speaker 1: and confirmed all the judges there.
- 13:33Speaker 3: And like, you know, we are trying to figure out
- 13:38Speaker 3: as a society how to unravel the fact that we
- 13:41Speaker 3: live in a police and prison state. Why do we,
- 13:44Speaker 3: what are the politics that led to it?
- 13:46Speaker 1: It's this kind of politics.
- 13:47Speaker 3: It's It's Mitch McConnell saying that you must be friendly
- 13:50Speaker 3: with criminals because you are a public defender, like John
- 13:56Speaker 3: Adams in the Boston fucking massacre, something I learned from HBO.
- 14:01Speaker 3: And you see how judges and prosecutors face this incredible
- 14:07Speaker 3: pressure to never use common sense, to never show mercy
- 14:12Speaker 3: in certain cases, putting these specific cases aside, to throw
- 14:16Speaker 3: the book at people Because at some point, someone like
- 14:19Speaker 3: Josh Hawley will come along and try to demagogue the
- 14:21Speaker 3: issue no matter what the case, no matter what your
- 14:25Speaker 3: record may be.
- 14:26Speaker 4: The people who tend to hate mandatory minimums the most
- 14:28Speaker 4: are judges because it takes away their ability to be rational,
- 14:32Speaker 4: reasonable people and to take into account circumstances that are
- 14:35Speaker 4: specific to a case. So Hawley also goes after her
- 14:38Speaker 4: because she was part of this U.S. Sentencing Commission that
- 14:41Speaker 4: recommended some changes to the way mandatory minimum laws were enforced,
- 14:45Speaker 4: the duration of them, etc., The problem with that attack
- 14:49Speaker 4: is that the commission was bipartisan and every recommendation was unanimous.
- 14:54Speaker 2: Unanimous.
- 14:55Speaker 4: Which led to Judge William Pryor, who's a right-wing Republican.
- 14:58Speaker 4: I remember him being the subject of a huge U.S.
- 15:01Speaker 4: Senate fight back in the day, coming out to defend
- 15:04Speaker 4: Judge Jackson, saying we worked by consensus and that is
- 15:06Speaker 4: the tradition of the sentencing commission. Virtually all of our
- 15:09Speaker 4: votes were unanimous and data-driven. So, Josh Hawley, you insufferable dick.
- 15:14Speaker 5: This is the reality.
- 15:15Speaker 1: And this is this was the this is the child
- 15:17Speaker 1: pornography set of cases. They're also going to go after
- 15:20Speaker 1: her in the days to come on defending Guantanamo Bay.
- 15:26Speaker 4: Yeah, Gitmo, because that's that's gone really well.
- 15:29Speaker 1: You know, and there was another Reagan nominated appeals judge
- 15:31Speaker 1: who released a statement today and said, when a lawyer
- 15:34Speaker 1: represents an unattractive defendant, a Guantanamo detainee is an example.
- 15:37Speaker 1: That's just a public defender doing their job. That's what
- 15:40Speaker 1: a public defender is. You are assigned. to give people
- 15:43Speaker 1: the representation that is their right in the constitution.
- 15:46Speaker 3: Like John Adams in the Boston massacre. Paul Giamatti was
- 15:51Speaker 3: wonderful in that moment. I mean, but just one other
- 15:56Speaker 3: point about this too, which is I do think Josh
- 15:59Speaker 3: Hawley knows exactly what he's doing. There's a reason he
- 16:01Speaker 3: chose this issue first. He knows who he's playing footsie with.
- 16:03Speaker 3: He knows that he is throwing a little chum in
- 16:05Speaker 3: the water for the QAnon people. I think Mitch McConnell
- 16:09Speaker 3: talking about soft on crime. Marsha Blackburn saying you have
- 16:12Speaker 3: a hidden secret agenda to do critical race theory. They
- 16:15Speaker 3: are also very comfortable exploiting the fact that this is
- 16:19Speaker 3: a black woman who makes their base fundamentally uncomfortable. So
- 16:23Speaker 3: they all know exactly what they're doing.
- 16:24Speaker 4: Race is swirling in all of this. And certainly, I'm sure, explicitly, implicitly,
- 16:29Speaker 4: one way or the other, is guiding their approach. The
- 16:31Speaker 4: Gitmo thing really bugs me, though, because Guantanamo Bay is
- 16:34Speaker 4: a decades-long travesty of justice. And the idea that you
- 16:38Speaker 4: would attack someone for defending someone imprisoned there, considering how
- 16:42Speaker 4: many people have been held wrongly, have been tortured, have
- 16:46Speaker 4: been just kept in sort of a legal, liminal space
- 16:51Speaker 4: between reality and hell, it's a horrible, horrible thing. And
- 16:56Speaker 4: shame on all of them for demagoguing it, but the
- 16:58Speaker 4: politics of terrorism in this country are still a disaster
- 17:01Speaker 4: this many years after 9-11.
- 17:03Speaker 1: And look, I think they are doing this knowing that
- 17:06Speaker 1: she's probably going to be confirmed. Someone asked Joe Manchin
- 17:09Speaker 1: after the hearing what he thought about the Josh Hawley stuff.
- 17:11Speaker 1: And he was like, you sure it was Hawley, right?
- 17:14Speaker 1: Take that for what it's worth. Like, just, you know,
- 17:16Speaker 1: Joe Manchin's not buying it.
- 17:17Speaker 5: Right.
- 17:17Speaker 1: So but I don't think it's about her necessarily. They're
- 17:21Speaker 1: using her for these attacks. You know, The New York
- 17:23Speaker 1: Times reports that Democrats believe the Republican attacks on Judge
- 17:26Speaker 1: Jackson and other Biden judicial nominees are, quote, tied to
- 17:29Speaker 1: a central element of Republicans midterm campaign strategy. which is
- 17:32Speaker 1: to blame Democrats for an increase in crime by portraying
- 17:35Speaker 1: them as unwilling to punish lawlessness and hostile to law enforcement.
- 17:40Speaker 1: How should Democrats handle these attacks, knowing that they are
- 17:42Speaker 1: connected to a larger midterm case the Republicans are trying
- 17:45Speaker 1: to make about Democrats as soft on crime?
- 17:47Speaker 3: Well, I think you have to split that in half.
- 17:49Speaker 3: There's how Democrats handle this around the hearings, and that's
- 17:52Speaker 3: how the Democrats handle it more broadly. I assume that
- 17:54Speaker 3: there will be pushback in this hearing. And as of
- 17:57Speaker 3: right now, Judge Jackson has not had the opportunity to
- 18:01Speaker 3: to push back against what is an offensive and despicable
- 18:04Speaker 3: attack from Josh Hawley. And I expect that that will.
- 18:06Speaker 5: Be a moment.
- 18:08Speaker 3: Beyond that, I think we're going to make a positive
- 18:10Speaker 3: case for why this is a historic nomination of a
- 18:12Speaker 3: judge in the mainstream, as Tommy said, at a great
- 18:14Speaker 3: victory for Joe Biden and a great victory for Democrats.
- 18:18Speaker 3: And beyond that, like how much do we have to
- 18:19Speaker 3: really engage in this?
- 18:20Speaker 4: I guess maybe, I guess I don't really buy that
- 18:23Speaker 4: they're trying to make this some part of a big
- 18:25Speaker 4: midterm case. I think they're trying to get through this
- 18:27Speaker 4: and get onto the next one. Because I think what's
- 18:29Speaker 4: really happening here is like Lindsey Graham is out there
- 18:30Speaker 4: saying this is a new game for the Supreme Court.
- 18:32Speaker 4: And that's why he is talking about the Brett Kavanaugh hearing.
- 18:36Speaker 4: He's saying, I'm going to drop the art of this now.
- 18:38Speaker 4: I know I voted for her. But now it's just
- 18:41Speaker 4: hand-to-hand combat at these things. And it's going to be
- 18:43Speaker 4: as partisan as we want it to be and blah, blah, blah.
- 18:45Speaker 4: That's the way forward now. I'm actually fine with that.
- 18:47Speaker 4: I'm tired of the theater around this bullshit. I'm tired
- 18:49Speaker 4: of pretending judges are nonpartisan actors. While Ginny Thomas like
- 18:52Speaker 4: storms the Capitol and lies and pretends she doesn't talk
- 18:55Speaker 4: to Clarence Thomas about what's going on. I don't think
- 18:56Speaker 4: there's going to be any factor in the midterms.
- 18:58Speaker 8: I really don't.
- 18:59Speaker 3: I hope he got my flowers.
- 19:00Speaker 6: Which who?
- 19:00Speaker 5: Clarence?
- 19:01Speaker 1: I think it's, I disagree. I think it's, I think it's,
- 19:04Speaker 1: I think they're building a case. I think, is it someone,
- 19:06Speaker 1: is some midterm voter going to remember what happened in
- 19:08Speaker 1: the hearing with some question? No, probably not.
- 19:10Speaker 4: I think they're going to talk about defund the police,
- 19:12Speaker 4: but it's just going to be unrelated to this.
- 19:13Speaker 1: They're going to be crime is up and Democrats are
- 19:16Speaker 1: defunding the police. They're nominating judges, not just Katonji Brown-Jackson's,
- 19:19Speaker 1: all these judges, these public defenders who let people off.
- 19:23Speaker 1: these mayors did it, these so-called progressive prosecutors that they're
- 19:26Speaker 1: trying to recall. It's a big news. It's all part
- 19:28Speaker 1: of the case.
- 19:28Speaker 3: It's a big news cycle. They're not going to waste it.
- 19:31Speaker 3: They're not going to waste it trying to actually defeat
- 19:32Speaker 3: her because they don't think they can.
- 19:33Speaker 1: And I don't think that what Democrats can afford to
- 19:36Speaker 1: do is do what some very online people do with
- 19:39Speaker 1: inflation and gas prices and pretend that rising murder rates
- 19:44Speaker 1: are not something that people are actually concerned about or
- 19:46Speaker 1: not a legitimate concern for people to have, because I
- 19:48Speaker 1: think you're seeing it in the polling everywhere that it
- 19:50Speaker 1: actually has become a concern for a lot of people.
- 19:52Speaker 5: Oh, of course.
- 19:53Speaker 4: Look, I agree that people are concerned about crime. People
- 19:56Speaker 4: always vote on crime. I think if you're going to
- 19:57Speaker 4: go for a shiny object in the midterm to tell
- 19:59Speaker 4: a story about Democrats who are soft on whatever, you're
- 20:02Speaker 4: going to go for like Chesa Boudin, who's the district
- 20:05Speaker 4: attorney in San Francisco, or you're going to look at
- 20:07Speaker 4: some of these other examples that seem You're going to
- 20:09Speaker 4: find some sort of detail in one of these stories
- 20:12Speaker 4: that is, you know, sounds terrifying and abstraction. I just
- 20:15Speaker 4: don't think you're going to get it at her because
- 20:16Speaker 4: she's incredibly good at this.
- 20:17Speaker 5: Yeah.
- 20:17Speaker 1: I just want Democrats to, to fight back on this
- 20:19Speaker 1: and not avoid it.
- 20:20Speaker 4: Like I think, you know, Biden did in this, in
- 20:22Speaker 4: the state of the union, right? I mean, he's out there,
- 20:23Speaker 4: we're going to fund the police. We're not going to
- 20:25Speaker 4: fund the police. Biden's already getting ahead of these attacks.
- 20:27Speaker 1: Dan and I talked about that a little bit, but
- 20:29Speaker 1: what I wish he had done in the state of
- 20:30Speaker 1: the union is it's, it's fine to say I'm, I'm
- 20:33Speaker 1: against defunding the police. You can also talk about how
- 20:35Speaker 1: you're also for police reform and criminal justice reform. You
- 20:38Speaker 1: can be out there and say you can be pro-police
- 20:41Speaker 1: reform and also pro-public safety. For sure. We can keep
- 20:45Speaker 1: people safe from crime and police misconduct. That shouldn't be
- 20:48Speaker 1: a choice. And also, by the way, the six states
- 20:50Speaker 1: with the highest per capita murder rate all went for Trump. 2020.
- 20:54Speaker 1: This whole thing is blue cities, blue states. It's Trump
- 20:57Speaker 1: states and Trump cities that have had higher murder rates
- 21:01Speaker 1: over the last couple of years. So don't make it
- 21:02Speaker 1: some Democrat run city thing.
- 21:04Speaker 3: That is where I think that's on Democrats. That's also
- 21:09Speaker 3: that's on the media, which has fully kind of embraced
- 21:13Speaker 3: the right wing kind of talking points about where this
- 21:16Speaker 3: is coming from. The fact that that rural counties have
- 21:19Speaker 3: seen the same uptick that some of the more progressive
- 21:23Speaker 3: cities have seen. There are these jokes you see where
- 21:26Speaker 3: people say there's a moment now where I feel like
- 21:31Speaker 3: this right-wing idea that this is a failure of progressive
- 21:33Speaker 3: cities and not a broad national trend has been so
- 21:36Speaker 3: internalized that I hear it myself. I'm like, no, you
- 21:38Speaker 3: want to blame your local person. You want to blame
- 21:40Speaker 3: the mayor. You want to blame the DA. Fine, take
- 21:43Speaker 3: issue with whoever you want to take issue with. This
- 21:44Speaker 3: is a national problem. You are buying Tucker Carlson's talking points.
- 21:48Speaker 3: And we have done a very bad job of pushing back.
- 21:50Speaker 1: Because we try to avoid the issue and say, oh,
- 21:52Speaker 1: it's not a real issue. It's made up by the
- 21:54Speaker 1: right wing. So we avoid it instead of taking on
- 21:56Speaker 1: the argument, like you just said, and saying it's a
- 21:58Speaker 1: national issue. And by the way, it's even worse in
- 21:59Speaker 1: some red states.
- 22:00Speaker 3: Yeah.
- 22:00Speaker 4: And look, a lot of this, again, goes back to
- 22:03Speaker 4: race because Republicans always go to look at Chicago, look
- 22:06Speaker 4: at the homicides there, right? They make it a city issue.
- 22:09Speaker 4: The challenge, I think, for Republicans who try to demagogue this,
- 22:12Speaker 4: maybe it'll be challenged, maybe it won't, is that you've
- 22:14Speaker 4: already got Tom Cotton out there attacking Donald Trump and
- 22:18Speaker 4: the first step back in the very limited criminal justice
- 22:21Speaker 4: reform that he put in place. So I don't know.
- 22:24Speaker 4: It's sort of like a muddled message. I do think
- 22:26Speaker 4: that they're going to focus on cities and the fund
- 22:28Speaker 4: and all the things we've been hearing at midterms and
- 22:31Speaker 4: in the general election. I don't, you know, who's, who
- 22:33Speaker 4: knows if it'll work or not.
- 22:34Speaker 8: I agree.
- 22:35Speaker 1: We should take it on. I just, um, my guess
- 22:37Speaker 1: is this hearing is not a part of that. Well,
- 22:39Speaker 1: I do think, I think the hearing is a lesson.
- 22:40Speaker 1: And I think that the way that so far, uh,
- 22:43Speaker 1: judge Jackson and the Democrats are handling it in this
- 22:45Speaker 1: hearing is good and effective. And it's a lesson for
- 22:49Speaker 1: Democrats in the midterms.
- 22:50Speaker 4: Josh Hawley being an idiot made it easier because he
- 22:52Speaker 4: was so dishonest and so egregious with this stupid Twitter
- 22:55Speaker 4: thread that he, he embarrassed himself. I think he kind
- 22:58Speaker 4: of embarrassed McConnell and the party who were not, they were,
- 23:00Speaker 4: they were signaling that they didn't want to go down
- 23:02Speaker 4: this kind of gutter route, and then he just went
- 23:05Speaker 4: right there.
- 23:05Speaker 5: I agree.
- 23:05Speaker 3: Yeah, I mean, like, stepping back from all this, what's
- 23:07Speaker 3: their strategy? Ted Cruz is mad about Kavanaugh and cancel culture.
- 23:11Speaker 5: Yeah, no, I.
- 23:12Speaker 3: Josh Hawley's making up stuff about, you know, misquoting her
- 23:15Speaker 3: and trying to drum something up that's pretty heinous. They're
- 23:18Speaker 3: trying to soft on... Marsha Blackburn's on CRT. The answer is,
- 23:21Speaker 3: they're all over the fucking place because they think she's
- 23:22Speaker 3: going to end up on the Supreme Court.
- 23:23Speaker 1: No, I thought it.
- 23:24Speaker 4: Is it right?
- 23:24Speaker 1: I included that clip from McConnell at the beginning of
- 23:26Speaker 1: that supercut, which wasn't from today. It was from some other...
- 23:29Speaker 1: Because I actually thought it was the only quote that
- 23:32Speaker 1: sort of summarized what they hoped the thing is, which
- 23:35Speaker 1: is just soft on crime. But all the yahoos on
- 23:37Speaker 1: the committee, they all went their own route. They're yelling
- 23:39Speaker 1: about Kavanaugh. They're talking about CRT. I don't think it
- 23:42Speaker 1: was well coordinated.
- 23:44Speaker 4: And this is this is why being a Democrat's annoying,
- 23:46Speaker 4: because because of alliteration, we always get the Democrats disarray.
- 23:50Speaker 4: Republicans are all over the place. They're screwing up a
- 23:52Speaker 4: Supreme Court hearing with their mixed messages.
- 23:55Speaker 1: And they're not playing a strong hand anyway. They don't
- 23:57Speaker 1: have a vote.
- 23:58Speaker 4: She's eminently well qualified and they all just voted for her.
- 24:01Speaker 3: And and, you know. the white house isn't saying right
- 24:03Speaker 3: but the hope here is that they get a couple
- 24:05Speaker 3: of republican votes they're not going to get josh hawley
- 24:07Speaker 3: but there's a few republicans here.
- 24:09Speaker 1: They make it susan collins tom tillis from north carolina
- 24:12Speaker 1: was just glowing today about her which i was surprised
- 24:15Speaker 1: about you know i guess he just won re-election um
- 24:18Speaker 1: but said something really nice there's a couple retiring republican
- 24:20Speaker 1: senators you might get a vote or two.
- 24:22Speaker 4: I think collins voted for her.
- 24:24Speaker 1: Right previously murkowski and graham yeah so we'll see and
- 24:27Speaker 1: graham's just out there whining like oh if you'd named
- 24:29Speaker 1: someone from south carolina i would have would.
- 24:31Speaker 8: Have voted for her like Okay.
- 24:33Speaker 1: Who knows?
- 24:34Speaker 4: Geography is all you care about? What a thoughtful way
- 24:36Speaker 4: to approach this.
- 24:38Speaker 3: That guy's lost the plot. He could be a yes,
- 24:40Speaker 3: he could be a no.
- 24:40Speaker 1: Yeah, we don't know. He could be.
- 24:42Speaker 5: All right.
- 24:42Speaker 1: When we come back, Lovett and I will talk to U.S.
- 24:45Speaker 1: Surgeon General Dr. Vivek Murthy about the latest in COVID.
- 24:57Speaker 1: COVID cases and hospitalizations in the U.S. are currently at
- 25:00Speaker 1: their lowest level since last summer. But with the even
- 25:03Speaker 1: more transmissible Omicron sub-variant BA. 2 causing a spike in Europe,
- 25:06Speaker 1: the White House wants to prepare for a possible case
- 25:08Speaker 1: increase here by adequately funding the supply and distribution of vaccines, treatments, surveillance,
- 25:13Speaker 1: and testing. Unfortunately, that funding was stripped out of a
- 25:15Speaker 1: government funding bill that passed the other week, and now
- 25:17Speaker 1: Republicans say they won't support the COVID spending. Here to
- 25:20Speaker 1: talk to us about this madness, as well as where
- 25:22Speaker 1: we are in the pandemic, U.S. Surgeon General Dr. Vivek Murthy.
- 25:26Speaker 5: Dr.
- 25:26Speaker 1: Murthy, welcome back to the pod.
- 25:28Speaker 8: Well, thanks so much. It's good to be back with you, John.
- 25:30Speaker 1: It's good to have you.
- 25:32Speaker 5: Dr.
- 25:32Speaker 1: Fauci said over the weekend that we can expect BA. 2
- 25:35Speaker 1: to cause an uptick in cases here, but not another surge.
- 25:38Speaker 5: Do you agree?
- 25:39Speaker 1: And why do you think that might be the case?
- 25:42Speaker 8: Well, I do think that we should expect in the
- 25:45Speaker 8: months ahead, because COVID has not disappeared entirely, that there
- 25:49Speaker 8: will likely be rises in cases and falls in cases.
- 25:53Speaker 8: How high those case numbers go will really depend on
- 25:56Speaker 8: the nature of the variant and on our behavior, frankly.
- 26:00Speaker 8: But the key is that we are trying to prevent,
- 26:03Speaker 8: most importantly, people from ending up in the hospital and
- 26:05Speaker 8: losing their life to the virus. And the good news, John,
- 26:08Speaker 8: is that in our toolkit, we have these vaccines, boosters,
- 26:12Speaker 8: and treatments that actually work very well to protect people
- 26:15Speaker 8: from hospitalization and death. The real question is going to be,
- 26:18Speaker 8: can we get enough people to utilize these vaccines, boosters,
- 26:21Speaker 8: and treatments? We've got basically two-thirds of the country that's
- 26:25Speaker 8: gotten vaccinated with at least one shot and mostly two.
- 26:30Speaker 8: But we need people to get that third shot, that
- 26:32Speaker 8: booster dose, because especially with a variant like Omicron, it
- 26:36Speaker 8: turns out that third dose is especially helpful. And lastly, John,
- 26:39Speaker 8: we've made a lot of strides to making the therapeutics,
- 26:42Speaker 8: the oral and IV medicines available for people. And these
- 26:45Speaker 8: have been really a lifesaver, literally. But the key is
- 26:49Speaker 8: to keep all of this going, the vaccines, the boosters,
- 26:51Speaker 8: the medications that help save lives. We need to sustain
- 26:56Speaker 8: our funding for this. Otherwise, all the work that's been
- 26:58Speaker 8: put into discovering, manufacturing, and distributing these tools, unfortunately, will
- 27:04Speaker 8: go to waste if people don't have access to it.
- 27:07Speaker 3: So that's the context for why public health officials have
- 27:10Speaker 3: been so alarmed to see this funding stripped out of
- 27:13Speaker 3: the spending bill that had to pass. Can you talk
- 27:15Speaker 3: a little bit more specifically, like what happens if Congress
- 27:19Speaker 3: doesn't put this money in place? What does it go
- 27:21Speaker 3: towards right now?
- 27:23Speaker 8: It's a really good question. And I'm glad we're talking
- 27:25Speaker 8: about this because one of the most important lessons that
- 27:28Speaker 8: we have learned from COVID, a lesson, frankly, that we
- 27:31Speaker 8: have been reminded of again and again whenever we've had
- 27:33Speaker 8: an outbreak, whether it's Ebola or Zika, is that we
- 27:37Speaker 8: have to not only think short-term, but also long-term when
- 27:40Speaker 8: it comes to public health. We've got to make sure
- 27:42Speaker 8: that we are not shortchanging the long-term investments we have
- 27:46Speaker 8: to make in everything from vaccine production to data infrastructure
- 27:49Speaker 8: to the partnerships that we need. And if we don't
- 27:52Speaker 8: get the funding to continue this effort, here's what you're
- 27:55Speaker 8: going to see. We are already... on the verge of
- 27:58Speaker 8: running out of money for the therapeutics. We've had to
- 28:01Speaker 8: actually reduce the distribution of some of the monoclonal antibodies,
- 28:05Speaker 8: because again, we don't have the funds to purchase more
- 28:08Speaker 8: of those. The second is we won't be able to
- 28:10Speaker 8: purchase more of the oral therapeutics, the Paxlovid in particular,
- 28:14Speaker 8: beyond the 20 million that we've already secured. That's a
- 28:17Speaker 8: highly effective medicine. We need to be able to get
- 28:19Speaker 8: more of that to make it available. When it comes
- 28:22Speaker 8: to vaccines and booster themselves, If there is a recommendation
- 28:26Speaker 8: that the FDA ultimately makes for another booster shot for
- 28:30Speaker 8: the broader population, we will not have enough money to
- 28:33Speaker 8: purchase and make available that additional booster shot for the
- 28:37Speaker 8: whole population. The list goes on. Testing is another area
- 28:40Speaker 8: where we've done a good job, I think, in making
- 28:43Speaker 8: sure people now have access to tests. We need to
- 28:45Speaker 8: sustain that. We saw how tough it was when people
- 28:48Speaker 8: didn't have sufficient access to tests in the early days
- 28:51Speaker 8: of Omicron. can't afford to live through that again. So
- 28:53Speaker 8: however you look at it, the funding is really critical.
- 28:56Speaker 8: And these are the most immediate needs. But we want
- 28:58Speaker 8: to continue our surveillance. Also, if we want to make
- 29:01Speaker 8: sure that we're investing in supporting the uninsured and making
- 29:05Speaker 8: sure that they don't have to pay in order to
- 29:07Speaker 8: get lifesaving treatments and vaccines, we have to make sure
- 29:10Speaker 8: that funding continues.
- 29:12Speaker 1: What's the White House's plan to get this funding passed?
- 29:16Speaker 1: I mean, the Republicans sound like they don't want to
- 29:19Speaker 1: support it. Obviously, you can't get anything done in Congress
- 29:22Speaker 1: without 10 Republican votes in the Senate. Are there any
- 29:24Speaker 1: backup plans in case Congress acts like Congress and doesn't
- 29:28Speaker 1: get this done? Is there money that we can shift
- 29:30Speaker 1: from somewhere else? What's the plan?
- 29:33Speaker 8: It's a really good question, John. I will say that
- 29:36Speaker 8: multiple individuals from the White House, the Department of Health
- 29:39Speaker 8: and Human Services, across the board have been engaging with
- 29:42Speaker 8: the Hill for weeks in an effort to try to
- 29:44Speaker 8: move this legislation for funding forward in order to make
- 29:48Speaker 8: the case and help people understand why it's so dire
- 29:51Speaker 8: that we make sure there's not a funding gap here.
- 29:54Speaker 8: The truth is that we are actually quite limited in
- 29:57Speaker 8: what we can shift over if we wanted to take
- 30:00Speaker 8: the money that's actually allocated for states and local government
- 30:04Speaker 8: and community support and shift that over to vaccines and therapeutics,
- 30:08Speaker 8: that would actually require Congress to act as well, to
- 30:11Speaker 8: provide the authority to shift those funds. So this is
- 30:14Speaker 8: actually a difficult position. It's not like there is a
- 30:18Speaker 8: large pot of unused money that the administration at will
- 30:21Speaker 8: can take and supply for the vaccines and therapeutics and
- 30:25Speaker 8: fill that need entirely. So we really do need Congress
- 30:28Speaker 8: to act. This isn't a fire drill. This is the
- 30:32Speaker 8: real thing.
- 30:34Speaker 3: So right now, Omicron is causing these massive case increases
- 30:37Speaker 3: in countries like South Korea that have had universal mask
- 30:40Speaker 3: mandates and some of the most restrictive public health measures
- 30:43Speaker 3: anywhere in the world. In January, Dr. Fauci, just back
- 30:47Speaker 3: from opening a biolab in Ukraine, said that Omicron will
- 30:51Speaker 3: at some point, he didn't, did his face move at all?
- 30:54Speaker 3: Didn't even adjust at all. that everybody, regardless of what
- 30:58Speaker 3: public health measures are in place, will at some point,
- 31:01Speaker 3: that Omicron will find their way to them. Does that
- 31:03Speaker 3: make tools like vaccines and treatments more important than some
- 31:07Speaker 3: of these restrictions? There is a debate going on, right?
- 31:09Speaker 3: You see this data out of places like South Korea,
- 31:12Speaker 3: which basically showed that like Omicron has obliterated public health
- 31:16Speaker 3: measures and what we're left with are therapeutics. We're left
- 31:19Speaker 3: with the vaccine. We're left with some of these treatments.
- 31:21Speaker 3: Where do you fall on that debate right now?
- 31:24Speaker 8: Well, look, one thing that this whole conversation points to
- 31:28Speaker 8: is that you've got to continue evaluating and updating your
- 31:31Speaker 8: guidance and your point of view as the data shifts
- 31:33Speaker 8: and as the virus shifts. And what we saw with
- 31:35Speaker 8: Omicron is that this is an incredibly transmissible virus, and
- 31:39Speaker 8: it does actually has evaded some of our immune response,
- 31:42Speaker 8: some of our vaccines and therapeutics at times. The good
- 31:45Speaker 8: news is we've found ways around that. But what you're
- 31:48Speaker 8: pointing at is that getting the vaccine and in particular
- 31:52Speaker 8: getting boosted is extraordinarily important in terms of saving lives
- 31:56Speaker 8: and hospitalizations when it comes to Omicron. It doesn't mean
- 31:59Speaker 8: that masks don't work. It doesn't mean that ventilation isn't important.
- 32:04Speaker 8: Those things still do reduce risk. But when you're dealing
- 32:07Speaker 8: with a tougher foe, what we have found is that
- 32:09Speaker 8: getting vaccinated and boosted, that is the best way to
- 32:13Speaker 8: reduce your risk of ending up in the hospital or dying.
- 32:16Speaker 8: So that's what we've got to focus on. If you
- 32:18Speaker 8: look at Hong Kong, if you look at in particular,
- 32:21Speaker 8: part of the reason they're seeing such a significant number
- 32:25Speaker 8: of people hospitalized and losing their life is because their
- 32:27Speaker 8: vaccination rate among the elderly is quite low, markedly lower
- 32:32Speaker 8: than ours, in fact. But in countries which had a
- 32:35Speaker 8: high vaccination rate, in particular those that chose a highly
- 32:39Speaker 8: effective vaccine, and we are blessed to have those here
- 32:41Speaker 8: in the United States, even though they may be seeing
- 32:44Speaker 8: a large wave of Omicron, there has been a disproportionately
- 32:48Speaker 8: a disproportionate rise in the hospitalization and deaths, meaning far
- 32:52Speaker 8: much more of an increase in cases and much less
- 32:54Speaker 8: of an increase in hospitalizations and deaths. That just shows
- 32:57Speaker 8: us that good vaccines are really the backbone of our
- 33:01Speaker 8: effort to protect people against Omicron and other variants of COVID.
- 33:06Speaker 1: I've heard some people ask, why did we relax public
- 33:08Speaker 1: health measures like mandatory indoor masking right before BA. 2 becomes
- 33:13Speaker 1: dominant here? Can you talk about the CDC's thinking in
- 33:17Speaker 1: changing their community transmission guidelines, because I think some of
- 33:20Speaker 1: the debate focuses on the politics of whether people are
- 33:24Speaker 1: tired of COVID or not, or want more masks or not.
- 33:27Speaker 1: And in reality, the CDC, there was some science and
- 33:31Speaker 1: some public health thinking that went into changing those guidelines.
- 33:33Speaker 1: Can you talk about those for people?
- 33:35Speaker 8: Absolutely. And look, I can understand why people might be
- 33:39Speaker 8: asking questions and why some people may not feel comfortable
- 33:43Speaker 8: with the measures. We've been at this for two years
- 33:45Speaker 8: and People are actually, in many ways, there's quite a
- 33:49Speaker 8: diversity of thought among the general public in terms of
- 33:51Speaker 8: where they are. Some people want the pandemic to be
- 33:54Speaker 8: over yesterday and think that it already is. Other people
- 33:56Speaker 8: believe that the pandemic will never be over and that
- 33:58Speaker 8: we should never ratchet down our precautions. There are a
- 34:00Speaker 8: lot of people in the middle. But here's what to
- 34:03Speaker 8: know about why the CDC made its decision. From the
- 34:07Speaker 8: very beginning, the CDC had actually said that the guidelines
- 34:10Speaker 8: that it puts out for when to use measures like masks,
- 34:14Speaker 8: that that should reflect people's risk in the community. And
- 34:18Speaker 8: they have been looking at the evolving data to understand
- 34:21Speaker 8: what the risk actually is to people. We all knew
- 34:23Speaker 8: that when cases go down, that that means lesser risk,
- 34:26Speaker 8: that you may get infected from someone in their community.
- 34:29Speaker 8: But they were also reflecting, I think, our evolving understanding
- 34:33Speaker 8: that the most important goal that we have here is
- 34:36Speaker 8: to save lives and keep people out of the hospitals
- 34:38Speaker 8: to prevent the severe illness. And so in the beginning,
- 34:41Speaker 8: they had a metric for disease guiding them on precautions
- 34:46Speaker 8: that was based solely on cases. What they did is
- 34:48Speaker 8: they didn't jettison that. They didn't say, okay, case counts
- 34:51Speaker 8: no longer matter. They still have a measure of case
- 34:54Speaker 8: counts in their overall algorithm for determining community risk, but
- 34:57Speaker 8: they also now include hospitalization rates and hospital capacity. So
- 35:02Speaker 8: those three metrics together, cases, hospitalization rates, hospital capacity, this
- 35:07Speaker 8: reflects the updated data and our most important focus, which
- 35:11Speaker 8: is on saving lives and keeping people out of the hospital.
- 35:13Speaker 8: And that's what people are using now in communities across
- 35:16Speaker 8: the country. With all that said, one last point that's
- 35:18Speaker 8: really important to underscore. Their guidance does not mean that
- 35:22Speaker 8: people who choose to wear a mask in a particular situation,
- 35:26Speaker 8: because they're at high risk, or they live with somebody
- 35:28Speaker 8: who's high risk, that that is the wrong decision. In fact,
- 35:30Speaker 8: we want people to have the freedom to do that.
- 35:32Speaker 8: What's really key, though, is that they have access to
- 35:35Speaker 8: high quality masks. And that's why the administration's move to
- 35:38Speaker 8: make sure that millions of masks were distributed, high quality
- 35:42Speaker 8: masks and made freely available to people in the public
- 35:44Speaker 8: was so important because we don't want to create equity
- 35:47Speaker 8: issues by, you know, by not essentially providing the key
- 35:51Speaker 8: tools people need to protect themselves.
- 35:53Speaker 1: And if you are vaccinated, boosted and wearing a high
- 35:57Speaker 1: quality mask like an N95 or a KN95, that is very,
- 36:01Speaker 1: very protective, right? Even if other people around you aren't
- 36:04Speaker 1: necessarily wearing masks.
- 36:06Speaker 5: Yeah.
- 36:06Speaker 8: So, and let's talk about protective against what, right? If
- 36:09Speaker 8: you're a vaccine fully, if you have gotten your basic
- 36:12Speaker 8: series of the vaccine and you're boosted as well, then
- 36:15Speaker 8: your protection against hospitalization or death is very high. If
- 36:19Speaker 8: you are on top of that, wear a high quality
- 36:22Speaker 8: mask when you're with people outside your household, then your
- 36:24Speaker 8: risk goes down even further, even if they are not
- 36:27Speaker 8: wearing masks. And so this is, you know, we have
- 36:30Speaker 8: good tools is the bottom line and people are going
- 36:33Speaker 8: to make different decisions here. You know, some people, may
- 36:36Speaker 8: have a low sort of threshold of risk, and they
- 36:39Speaker 8: may decide, you know what, I'm going to keep wearing
- 36:41Speaker 8: my mask. And there may be different reasons for that.
- 36:43Speaker 8: Maybe they have a child at home like I do
- 36:45Speaker 8: who's under five, and they might be worried about them
- 36:47Speaker 8: because the vaccine's not available to them. Maybe they're a
- 36:49Speaker 8: caregiver for someone who's immunocompromised in their home, or maybe
- 36:53Speaker 8: they themselves are immunocompromised. And I make this point just
- 36:56Speaker 8: because we're going to see people moving at different rates
- 36:58Speaker 8: when it comes to their choices around some of these
- 37:01Speaker 8: mitigation measures. And it's really important that we not ridicule
- 37:03Speaker 8: people if they choose to wear a mask in school.
- 37:06Speaker 8: I'm actually a little bit worried about schools themselves because
- 37:09Speaker 8: you've got to make sure that kids also don't ridicule
- 37:12Speaker 8: others for wearing masks. If one family decides they want
- 37:15Speaker 8: their child to keep wearing masks, that's okay. You know,
- 37:17Speaker 8: we just have to realize that people are going to
- 37:18Speaker 8: go at different paces here.
- 37:21Speaker 1: There's also a lot of people right now suffering from
- 37:24Speaker 1: long COVID and there's a lot of vaccinated and boosted
- 37:27Speaker 1: people worried about being infected at all because of the
- 37:29Speaker 1: potential that they might get infected with or develop long
- 37:33Speaker 1: COVID after an infection. What's the latest science on what
- 37:36Speaker 1: kind of protection vaccination offers against long COVID?
- 37:40Speaker 8: Look, it's an important question, and I wish we knew
- 37:42Speaker 8: the answer to every question about COVID-19. We've learned a
- 37:45Speaker 8: tremendous amount in the last two years. But long COVID
- 37:47Speaker 8: is one of the areas where we still need to
- 37:49Speaker 8: deepen our understanding here about the frequency of long COVID and, frankly,
- 37:53Speaker 8: about how long it lasts and about who's most at
- 37:56Speaker 8: risk for it. A couple of things that we do know,
- 37:58Speaker 8: based on the data, is that People's severity of infection
- 38:02Speaker 8: does seem to have an impact on whether or not
- 38:04Speaker 8: they're likely to develop long COVID. So more severe infections,
- 38:07Speaker 8: people tend to be more at risk for prolonged symptoms.
- 38:11Speaker 8: But we've also seen now in multiple studies that if
- 38:15Speaker 8: you get vaccinated and protection for vaccines and boosters, that
- 38:19Speaker 8: also lowers your risk significantly of getting long COVID, even
- 38:23Speaker 8: if you have a breakthrough infection. Does it reduce it
- 38:26Speaker 8: to zero? No, no vaccine or intervention is perfect. And
- 38:29Speaker 8: so for this reason also, I would understand why some
- 38:32Speaker 8: people may choose to be more cautious, because even though
- 38:35Speaker 8: we think it's a minority of people who get long
- 38:37Speaker 8: COVID syndrome, how small or large that minority is, that
- 38:41Speaker 8: is exactly what we're trying to understand. And there's not
- 38:43Speaker 8: full clarity around that. So being cautious, I think, is appropriate.
- 38:48Speaker 8: It's why we are still urging people, even though you
- 38:50Speaker 8: get great protection against hospitalization deaths from the vaccines, to
- 38:54Speaker 8: still take the precautions you can. to avoid spread because, again,
- 38:58Speaker 8: better to prevent an illness than to get into the
- 39:00Speaker 8: consequences thereafter.
- 39:02Speaker 3: So just sort of cutting through, we've had a lot
- 39:05Speaker 3: of conversations about masks. We're talking about masks endlessly. The
- 39:09Speaker 3: administration is now desperately trying to get funding for some
- 39:11Speaker 3: of the most miraculous and incredible treatments in the history
- 39:15Speaker 3: of public health that millions of people aren't taking. They're
- 39:18Speaker 3: not getting boosted. Uh, the availability of some of these,
- 39:22Speaker 3: like this new Pfizer treatment, right? It's not available everywhere.
- 39:24Speaker 3: It's not something you can just go to the pharmacist
- 39:26Speaker 3: and get. It needs to be dispensed carefully because there's
- 39:29Speaker 3: not enough of it. How did these two things go together?
- 39:33Speaker 3: If we get to the point where you can walk
- 39:35Speaker 3: into a CVS, get a test, and if it's positive,
- 39:38Speaker 3: even if you're not that symptomatic or not symptomatic at all,
- 39:40Speaker 3: you still get some kind of a treatment to lessen
- 39:43Speaker 3: the effect of COVID. If we get to the point
- 39:45Speaker 3: where that is, and everyone can get boosted and more
- 39:47Speaker 3: people have gotten boosted, Do you believe that would be
- 39:50Speaker 3: the end of this debate about masks? Because masks would
- 39:53Speaker 3: be for people who need to protect themselves, not as
- 39:56Speaker 3: a public health measure, but as a personal measure day
- 39:58Speaker 3: to day.
- 40:00Speaker 8: Well, I certainly think it will help a great deal.
- 40:02Speaker 8: You know, if you have vaccines and boosters readily available
- 40:05Speaker 8: to anyone who needs them, if you have effective or
- 40:09Speaker 8: therapeutics available to all who need them, then yes, you
- 40:13Speaker 8: could be in a scenario where the risk of a
- 40:15Speaker 8: bad outcome to the vast, vast majority of the population
- 40:18Speaker 8: would be low. And that would mean that we could,
- 40:21Speaker 8: you know, it would be easier and more comfortable for
- 40:23Speaker 8: people to pull back on mitigation measures. With that said,
- 40:26Speaker 8: there always will be, I think, some people for whom,
- 40:29Speaker 8: you know, the risk of getting COVID may be too great.
- 40:33Speaker 8: They may worry about long COVID. They may be immunocompromised
- 40:36Speaker 8: themselves and may have had difficult experiences with their health,
- 40:39Speaker 8: and that might lead them to be more cautious. And
- 40:42Speaker 8: And that's okay. But I lastly should mention that on
- 40:44Speaker 8: the therapeutics front, in terms of availability, every month since January,
- 40:49Speaker 8: the availability of these medications like Paxlovid, the highly effective
- 40:54Speaker 8: oral therapeutic, has actually been increasing. In fact, there are
- 40:58Speaker 8: more therapeutics right now than people are actually using. And
- 41:02Speaker 8: some of that is because cases are lower right now
- 41:04Speaker 8: than they have been. But what we want to be
- 41:06Speaker 8: prepared for is that if there is another way that
- 41:08Speaker 8: we have as much available for people as we need.
- 41:11Speaker 8: That's why, again, to come back to this funding piece,
- 41:14Speaker 8: we don't want to get behind on this. And one
- 41:15Speaker 8: of my worries, not just as Surgeon General, but frankly,
- 41:18Speaker 8: as an American, is I want my country to be
- 41:20Speaker 8: ahead of the game. I want us to not be
- 41:23Speaker 8: funding things on an emergency basis all the time. We
- 41:26Speaker 8: saw this with Zika. We saw this with Ebola. Back then,
- 41:28Speaker 8: we were talking about how much, how important it was
- 41:31Speaker 8: for us to make the proactive, forward-thinking investments in the
- 41:34Speaker 8: public health infrastructure so the country wasn't scrambling for funds
- 41:38Speaker 8: and for infrastructure when it needed it. And then in
- 41:40Speaker 8: the midst of a crisis, I worry that we may
- 41:43Speaker 8: be falling back into that same mindset again, thinking, okay,
- 41:46Speaker 8: you know, COVID seems to be getting better in terms
- 41:49Speaker 8: of cases. So we now no longer need to invest
- 41:51Speaker 8: in public health interventions and infrastructure. To me, that would
- 41:54Speaker 8: be the equivalent of saying, you know what, I feel
- 41:57Speaker 8: pretty fit right now. I've been working out three, four
- 41:59Speaker 8: days a week. So because I'm fit now, I don't
- 42:02Speaker 8: need to work out anymore. Well, if I did that,
- 42:04Speaker 8: then I would ultimately cease to become fit. And that
- 42:07Speaker 8: would put me at risk in terms of my health.
- 42:09Speaker 8: And that is what we seem to do so often
- 42:11Speaker 8: as a country. We need to break that cycle, start
- 42:14Speaker 8: thinking ahead, proactively funding the things that we need to fund.
- 42:17Speaker 8: And COVID has been a time where we, Congress didn't,
- 42:20Speaker 8: to give credit where credit is due, on a bipartisan
- 42:22Speaker 8: basis during the last two years, Congress has provided significant
- 42:25Speaker 8: funding for the COVID effort. And it's thanks to that leadership,
- 42:28Speaker 8: the sacrifices of people around our country, the incredible work
- 42:32Speaker 8: of scientists that we've made the progress that we have.
- 42:34Speaker 8: with vaccines, therapeutics, and so many other interventions. I just
- 42:38Speaker 8: don't want us to lose that progress. And I'll lastly
- 42:41Speaker 8: say this, look, my most painful moments as a doctor
- 42:43Speaker 8: were when I knew what a patient needed. I knew
- 42:48Speaker 8: what illness they had. I knew what medicine they needed
- 42:51Speaker 8: to save their lives and improve their health, but I
- 42:53Speaker 8: couldn't actually get it to them because they didn't have
- 42:56Speaker 8: insurance coverage or the medication wasn't available. I don't want
- 42:59Speaker 8: us to be in that situation again. I don't want
- 43:02Speaker 8: a doctor to have to tell a patient, you know,
- 43:04Speaker 8: I know how to save your life, but the country
- 43:06Speaker 8: doesn't have money to pay for the booster shot that
- 43:09Speaker 8: you need. Or we don't have money as a country
- 43:11Speaker 8: to put toward making sure that the medicines are available
- 43:14Speaker 8: that could save your lives and lives of your family.
- 43:17Speaker 8: It's a conversation we never should have to have because
- 43:20Speaker 8: we know how to solve this problem. We just gotta
- 43:22Speaker 8: make the smart investments now and not wait continually until
- 43:26Speaker 8: a crisis is upon us.
- 43:28Speaker 3: It sounds like what you're saying is medically speaking, not
- 43:30Speaker 3: passing funding for boosters and treatments now is fucking stupid
- 43:34Speaker 3: and nuts.
- 43:35Speaker 8: Is that right?
- 43:40Speaker 5: Yes. Did we get him?
- 43:43Speaker 3: Did we get him on the record?
- 43:44Speaker 5: Dr.
- 43:44Speaker 1: Murthy, before he keeps going, thank you so much always
- 43:48Speaker 1: for coming on the show and walking us through this
- 43:52Speaker 1: with your... Calm analysis and advice. We appreciate it.
- 43:55Speaker 3: Stupid and nuts, right?
- 43:56Speaker 5: Stupid and nuts.
- 43:57Speaker 8: It is not the wisest decision for us as a country.
- 44:00Speaker 5: There we go.
- 44:01Speaker 1: Not the wisest decision.
- 44:02Speaker 5: We'll go with that.
- 44:02Speaker 3: That's a yes.
- 44:03Speaker 5: That's a yes.
- 44:04Speaker 3: Subtitle it yes.
- 44:06Speaker 8: The bottom line is COVID is not quitting. We can't
- 44:08Speaker 8: quit either. And I just don't want to see us
- 44:11Speaker 8: go down that path because we've sacrificed too much, gotten
- 44:13Speaker 8: too far to give up now.
- 44:16Speaker 5: Yeah.
- 44:16Speaker 1: Yell at Congress, everyone.
- 44:17Speaker 5: It's up to them.
- 44:18Speaker 3: All right.
- 44:18Speaker 5: Thank you so much.
- 44:19Speaker 7: Thank you, Dr.
- 44:19Speaker 5: Murthy.
- 44:19Speaker 1: We appreciate it.
- 44:20Speaker 8: Of course. Good to be with you anytime.
- 44:32Speaker 5: Okay.
- 44:32Speaker 1: We are back with a very special edition of Take Appreciator.
- 44:35Speaker 1: With so many bad takes this week, we figured we
- 44:37Speaker 1: needed an extra hand to sort through them. Joining us
- 44:39Speaker 1: now is director, comedian, and producer Judd Apatow, whose book,
- 44:42Speaker 1: Sicker in the Head, More Conversations About Life and Comedy,
- 44:46Speaker 1: is out March 29th. And his new movie, The Bubble,
- 44:48Speaker 1: comes out April 1st on Netflix. Judd, thanks for being here.
- 44:51Speaker 5: It's good to be here. Thank you for having me.
- 44:55Speaker 1: It's good to have you. Before we play the game.
- 44:57Speaker 5: That was a weird energy. It was weird energy because
- 44:59Speaker 5: I realize you're videotaping it, but yet it feels like
- 45:02Speaker 5: you're not. Yeah, that's it. I was just watching an
- 45:04Speaker 5: interview I did where they did a Zoom, and in
- 45:07Speaker 5: my head, they weren't going to use the video, and
- 45:09Speaker 5: I'm looking straight down like a mental patient the whole
- 45:11Speaker 5: time because I don't think... that you're going to see
- 45:15Speaker 5: it and it looks crazy. Like I look like I'm
- 45:17Speaker 5: going to hurt somebody. Yeah.
- 45:19Speaker 7: Okay.
- 45:19Speaker 5: Well, keep that in mind.
- 45:20Speaker 1: We'll try to fix that. We can cut around that.
- 45:23Speaker 5: Yeah.
- 45:24Speaker 1: I just saw the bubble last night. I laughed very
- 45:27Speaker 1: hard throughout the movie.
- 45:28Speaker 5: Thank you.
- 45:30Speaker 1: And I realized that it's the first piece of entertainment
- 45:33Speaker 1: about life during the pandemic that didn't give me PTSD
- 45:36Speaker 1: and was actually enjoyable to watch. How did you guys
- 45:39Speaker 1: think about that aspect of the movie while you were
- 45:41Speaker 1: making it?
- 45:42Speaker 5: We just thought, At some point, someone will do a
- 45:44Speaker 5: comedy about this. Why not be the first person to try?
- 45:49Speaker 1: You did it.
- 45:50Speaker 5: What a terrible thing to throw yourself into. But I
- 45:52Speaker 5: really couldn't think of anything else to write about because
- 45:54Speaker 5: I felt like the world had changed and anything I
- 45:57Speaker 5: thought about didn't really exist anymore. And I did need
- 46:01Speaker 5: to work or I'd go crazy. So I thought I'd
- 46:03Speaker 5: just talk about isolation madness.
- 46:06Speaker 3: And did you set out to mock the fact that
- 46:10Speaker 3: there is a documentary about the making of Don't Look
- 46:12Speaker 3: Up in a Bubble? Was that your goal, to rip
- 46:16Speaker 3: those people to pieces? To really expose them?
- 46:19Speaker 5: For their making of Don't Look Up?
- 46:22Speaker 3: To kind of embarrass them?
- 46:23Speaker 5: What's funny is, the whole time I was talking to
- 46:25Speaker 5: everyone else in production, like Adam McKay and the White
- 46:29Speaker 5: Lotus people and all the Jurassic people, and we were
- 46:32Speaker 5: all having that conversation, like, why are we even attempting
- 46:35Speaker 5: this now? That's what felt so weird, because they were
- 46:39Speaker 5: making movies. I was making a movie about how weird
- 46:42Speaker 5: it is to think you need to make a movie
- 46:45Speaker 5: at this time, but I am making a movie, so
- 46:48Speaker 5: I'm a hypocrite in the process of every minute.
- 46:52Speaker 1: There were a lot of layers there. I liked it.
- 46:54Speaker 3: I think of you, I assume that at some point
- 46:56Speaker 3: we will get the kind of leaked footage, like Tom
- 47:00Speaker 3: Cruise on set of you just screaming with all intensity saying,
- 47:03Speaker 3: we are saving Hollywood.
- 47:05Speaker 5: No, that's not what it would be. If someone videotaped
- 47:07Speaker 5: me or audiotaped me on set and released what I'm
- 47:10Speaker 5: really like, it would be me going, How can you
- 47:13Speaker 5: not bring the salsa with the burrito? I can't eat
- 47:17Speaker 5: this dry.
- 47:17Speaker 3: Why do you have a vaguely southern accent on set?
- 47:21Speaker 1: I thought that was like more Malibu-ish.
- 47:24Speaker 3: Malibu?
- 47:25Speaker 5: When I'm angry, it changes.
- 47:26Speaker 8: It changes.
- 47:27Speaker 5: It turns into kind of an angry Jeff Bridges.
- 47:30Speaker 7: Angry Jeff Bridges.
- 47:32Speaker 5: Sure.
- 47:32Speaker 4: When you worked with Pete Davidson on The King of
- 47:36Speaker 4: Staten Island, did you think to yourself, future astronauts, I
- 47:41Speaker 4: guess on again, off again astronaut.
- 47:42Speaker 5: It does seem like the natural extension of what's happening
- 47:47Speaker 5: is that it all leads to space. But doesn't it
- 47:49Speaker 5: all lead to space for all of us? Like at
- 47:51Speaker 5: some point, don't you get on that list as well
- 47:53Speaker 5: where they just go, you guys want to do a
- 47:55Speaker 5: show in space?
- 47:56Speaker 3: I think it's kind of like the vaccine. It'll be really,
- 48:00Speaker 3: really hard to get it. And then all of a sudden,
- 48:02Speaker 3: it'll be really easy to get it. I'm going to
- 48:03Speaker 3: wait until then.
- 48:04Speaker 5: Now, let me ask a question about space generally. We're
- 48:08Speaker 5: the people to ask. Are we talking about space or
- 48:11Speaker 5: just like really high?
- 48:13Speaker 1: Yeah, like just beyond the atmosphere. Yeah, the Bezos one's
- 48:16Speaker 1: just really high, right? Or maybe they sold them. They
- 48:18Speaker 1: just put like a, you're looking outside the window of
- 48:21Speaker 1: the space shuttle and they're just.
- 48:22Speaker 3: You know, Disney can take you to space. But it
- 48:24Speaker 3: does seem there's a subtle distinction between flying into space
- 48:29Speaker 3: and falling.
- 48:30Speaker 5: Yes.
- 48:30Speaker 3: From very high up for a while.
- 48:32Speaker 5: Exactly.
- 48:33Speaker 3: And that seems to be more of the Jeff Bezos speed.
- 48:36Speaker 5: How close are we to the moon? Like if I'm
- 48:39Speaker 5: not pretty close to the moon, if Earth doesn't seem
- 48:43Speaker 5: really tiny and I'm not crying at the vastness of
- 48:46Speaker 5: the universe, aren't I really just flying high? Yeah. For
- 48:51Speaker 5: how much is it? What does it cost if you
- 48:53Speaker 5: paid to do this?
- 48:54Speaker 3: If you have to ask us too much.
- 48:55Speaker 5: Is it a few hundred grand? What do they charge?
- 48:58Speaker 1: I mean, I can't believe he's not going anymore just
- 49:00Speaker 1: because there was like a scheduling mishap. That happens? Like, oh,
- 49:03Speaker 1: I was supposed to go to space, but then I just,
- 49:05Speaker 1: I had booked a movie, so I couldn't go.
- 49:07Speaker 3: King of Staten Island 2.
- 49:09Speaker 5: I hope it's something promotional that benefits me that he's
- 49:12Speaker 5: doing instead of going to space. Like the new Blu-ray, the.
- 49:15Speaker 3: New additional Blu-ray. I got to do one of the
- 49:19Speaker 3: last Blu-ray commentaries.
- 49:21Speaker 5: Exactly.
- 49:21Speaker 4: Something with Kanye, maybe.
- 49:23Speaker 1: Should we do this game? Let's do take appreciator. Elijah,
- 49:27Speaker 1: is our chief take officer here?
- 49:29Speaker 5: There he is. Come on.
- 49:31Speaker 1: Hey, Elijah.
- 49:32Speaker 3: Judd, this is Elijah.
- 49:33Speaker 5: Yes. Hello, Elijah. He's a young version of me. If
- 49:36Speaker 5: there's ever been a person that's me from the past,
- 49:38Speaker 5: it is Elijah.
- 49:39Speaker 1: I think that's right.
- 49:40Speaker 5: Hi, Judd.
- 49:41Speaker 7: Hi, guys. You guys ready to play the game?
- 49:43Speaker 5: Of course.
- 49:43Speaker 6: Sure.
- 49:43Speaker 7: Sure. I'll explain how it works again real quick. I'm
- 49:46Speaker 7: going to share some notably bad punditry with you all.
- 49:48Speaker 7: The producers have seen these takes. Judd and the guys
- 49:51Speaker 7: have not. They'll give their reactions, then rate them on
- 49:53Speaker 7: a scale of one to four politicos. You already said
- 49:56Speaker 7: you're ready, so let's just get right into it.
- 49:58Speaker 5: Is one good or four good?
- 50:00Speaker 8: Four.
- 50:00Speaker 1: So these are bad takes. So four is the take
- 50:04Speaker 1: is so bad.
- 50:05Speaker 8: Yes.
- 50:06Speaker 1: And so intentionally bad because we're appreciating really bad takes
- 50:09Speaker 1: that you're going to give it the four.
- 50:10Speaker 8: The art form is so awful.
- 50:11Speaker 1: The four politicos, it's a full playbook, we call it.
- 50:14Speaker 5: Yeah, okay.
- 50:16Speaker 3: Does that make sense to you? You understand our ridiculous
- 50:20Speaker 3: inside joke. We're talking about the politico.
- 50:22Speaker 5: I get it. I love it. I love it.
- 50:24Speaker 3: It's a congressional rag. Playbook is their morning digest. We
- 50:29Speaker 3: poke fun.
- 50:29Speaker 1: It's a tip sheet.
- 50:30Speaker 3: It's a tip sheet, if you will.
- 50:31Speaker 5: I give this 11 axioses.
- 50:33Speaker 1: There we go.
- 50:34Speaker 9: There we go.
- 50:34Speaker 5: Perfect.
- 50:35Speaker 1: We caught it up.
- 50:37Speaker 7: All right, let's jump into it. This first one caused
- 50:39Speaker 7: quite a stir. It's from the New York Times. It's
- 50:42Speaker 7: a piece titled, America Has a Free Speech Problem. All right,
- 50:46Speaker 7: so here's a quote from the piece. For all the
- 50:48Speaker 7: tolerance and enlightenment that modern society claims, Americans are losing
- 50:53Speaker 7: hold of a fundamental right as citizens of a free country,
- 50:56Speaker 7: the right to speak their minds and voice their opinions
- 50:59Speaker 7: in public without fear of being shamed or shunned.
- 51:02Speaker 5: Well, you know what? The New York Times doesn't know
- 51:03Speaker 5: what the fuck they're talking about. What a bunch of
- 51:05Speaker 5: stupid fucking douchebags.
- 51:09Speaker 1: You assholes.
- 51:10Speaker 5: You assholes, New York Times.
- 51:12Speaker 8: Clip it.
- 51:13Speaker 5: Clip it. Wait a second. Wait a second. I just
- 51:17Speaker 5: was allowed to do that.
- 51:18Speaker 3: It seemed like you could do it.
- 51:19Speaker 1: You were allowed to do that.
- 51:20Speaker 5: I guess maybe they're wrong because this is airing somewhere.
- 51:24Speaker 1: You may be shunned.
- 51:25Speaker 3: You could be shunned.
- 51:26Speaker 1: You definitely could be shunned.
- 51:27Speaker 5: Oh, no. The shunning. Yeah. The shunning blowback is about
- 51:30Speaker 5: to happen. I don't even know if I'm right now.
- 51:33Speaker 3: Here's the thing.
- 51:33Speaker 5: Call me in a week. Let me know if I'm
- 51:35Speaker 5: still in the business.
- 51:35Speaker 3: Yeah. Judd, here's a question for you. If you were
- 51:40Speaker 3: one day shunned, how long would it take for you
- 51:42Speaker 3: to find out?
- 51:43Speaker 5: Exactly. No one knows who I am to shun me.
- 51:45Speaker 5: I would not know. Here's the thing I'm learning as
- 51:49Speaker 5: I get old. It's really good to be under the
- 51:53Speaker 5: radar for the most part. You don't really want people
- 51:56Speaker 5: to pay that much attention to you. You want Just
- 51:59Speaker 5: enough attention that you might get into a restaurant when
- 52:05Speaker 5: it's crowded. But you don't want more than that. And
- 52:10Speaker 5: it's okay if that only happens one out of ten times.
- 52:12Speaker 5: You beg the maitre d' and show them your IMDB page.
- 52:15Speaker 1: I have reached that level. But because my name is
- 52:18Speaker 1: Jon Favreau, like the actor and director, so sometimes I'm
- 52:21Speaker 1: let into the crowded restaurant because they thought it was him.
- 52:24Speaker 1: But when it's just me, they don't care.
- 52:26Speaker 5: But does it work like this, you say? The Jon
- 52:28Speaker 5: Favreau party. And then they're like, oh, is your party here? Yeah,
- 52:31Speaker 5: they're coming. And then they sit down and they expect
- 52:33Speaker 5: Jon Favreau to come. And then you're like, no, I'm
- 52:36Speaker 5: the Jon Favreau party.
- 52:37Speaker 1: It's usually just their face drops when they see me.
- 52:39Speaker 1: And I'm like, oh, it's Jon Favreau.
- 52:41Speaker 5: And they're like, oh. Or they're like, Jon Favreau must
- 52:43Speaker 5: be working on some movie. Yeah, he's got a real
- 52:47Speaker 5: good shape.
- 52:48Speaker 4: You're an Avenger now. I give it two politicos.
- 52:51Speaker 1: Two politicos? Give your reasoning, Tommy.
- 52:53Speaker 4: Because it's stupid, but it's just so tediously stupid that
- 52:56Speaker 4: I just, I don't care anymore. I can't do the
- 52:59Speaker 4: same cancel culture debate from the New York Times or
- 53:01Speaker 4: anybody else. It's just, how many times are we going
- 53:04Speaker 4: to have this?
- 53:04Speaker 1: I'll be honest, is that I did not read the
- 53:06Speaker 1: entire editorial. I read about half of it. And that
- 53:09Speaker 1: opening that Elijah read was like, you know, in the Constitution,
- 53:13Speaker 1: you know, the freedoms, it's like... The freedom to assemble
- 53:16Speaker 1: and freedom of the press and freedom to not be
- 53:18Speaker 1: shunned or shamed. I'm just like, look, I thought it
- 53:21Speaker 1: was a dumb editorial. I also think that people got
- 53:24Speaker 1: to stop letting themselves get triggered by the New York
- 53:26Speaker 1: Times a little bit. If you want to cancel your
- 53:29Speaker 1: subscription to the New York Times, that's fine. You can
- 53:31Speaker 1: cancel if you want. But I would just say that
- 53:34Speaker 1: maybe don't subscribe to a newspaper just to make sure
- 53:37Speaker 1: that the opinions columns are right in line with your views.
- 53:40Speaker 1: Subscribe because of the journalism in the paper.
- 53:42Speaker 5: I remember Roger Ebert saying heavyweights wasn't good. Was that
- 53:46Speaker 5: cancel culture?
- 53:48Speaker 1: No, Tommy's right. It's the ill-defined, vague nature of this
- 53:51Speaker 1: debate is what makes it infuriating.
- 53:54Speaker 5: I feel like people have been trying to cancel me
- 53:56Speaker 5: from day one, and I was canceled all the time.
- 53:58Speaker 5: Freaks and Geeks was canceled. Ben's Solution was canceled.
- 54:01Speaker 3: Undeclared was canceled.
- 54:02Speaker 5: Is that cancel culture?
- 54:05Speaker 1: I'll give it three. Still should go back to the game.
- 54:09Speaker 1: Still Wizards of Elijah? Yeah.
- 54:11Speaker 5: I'll give it, I'm bored. I'm bored of the New
- 54:15Speaker 5: York Times talking about it. Why don't they just talk about, like,
- 54:20Speaker 5: shouldn't everyone get the day off to vote? And just
- 54:22Speaker 5: write about that every day for a year. There you go.
- 54:25Speaker 1: National holiday.
- 54:25Speaker 5: And we, like, give Columbus Day to the voting thing.
- 54:28Speaker 5: You know, you get rid of Columbus Day, and you
- 54:30Speaker 5: give everyone the day off, and then we just vote.
- 54:32Speaker 7: Easy with that. I'm Italian, so let's hold the brakes
- 54:36Speaker 7: on that.
- 54:37Speaker 1: Oh, no. Cancel Elijah.
- 54:39Speaker 7: Cancel.
- 54:39Speaker 1: What do you got? Give us another take, Elijah.
- 54:41Speaker 7: All right, this one needs some context. Let's go to
- 54:43Speaker 7: a place where we definitely need some shaming and possibly shunning.
- 54:47Speaker 7: The Ohio Republican Senate primary. This weekend during a debate,
- 54:52Speaker 7: Republican Senate frontrunners Mike Gibbons and Josh Mandel almost got
- 54:55Speaker 7: into a physical altercation on stage. Mandel got out of
- 54:58Speaker 7: his chair and got about an inch from Gibbons' face.
- 55:01Speaker 7: To paint a picture, Gibbons is about 70 years old.
- 55:03Speaker 7: They had a dude off. Gibbons told Mandel, you're dealing
- 55:07Speaker 7: with the wrong dude, man, to which Mandel replied, No,
- 55:10Speaker 7: you're dealing with the wrong guy. Then one of them
- 55:13Speaker 7: called the other one a pussy. It's unclear who. The
- 55:15Speaker 7: whole time J.D. Vance was shifting around uncomfortably in his seat.
- 55:21Speaker 7: This one's really more about that setup than the actual take.
- 55:24Speaker 1: Was there a take here? Was there a take?
- 55:25Speaker 7: Yeah.
- 55:26Speaker 1: You just wanted to tell that story, didn't you?
- 55:27Speaker 5: Yeah. Where did this happen? I missed this.
- 55:29Speaker 3: It happened in Ohio.
- 55:31Speaker 5: Ohio Senate.
- 55:31Speaker 1: Republican Senate debate.
- 55:33Speaker 5: In the middle of the Senate debate. And the J.D.
- 55:35Speaker 5: Vance movie was wonderful. Do you think Ron Howard sits
- 55:40Speaker 5: around going like, I guess I didn't quite understand what
- 55:45Speaker 5: I was dealing with there.
- 55:47Speaker 1: Room for a sequel.
- 55:49Speaker 3: The wardrobe was interesting.
- 55:50Speaker 5: It's like the lawyer in the movie about the Atlanta bombing, right?
- 55:56Speaker 5: That's the same guy who was part of January 6th, right? Yeah.
- 56:01Speaker 5: What's his name?
- 56:02Speaker 3: That's a connection I'm really understanding that you're making.
- 56:04Speaker 5: Remember, he represented the Atlanta bomber. That's right. Richard Jewell? Yeah.
- 56:10Speaker 3: But he wasn't the bomber.
- 56:11Speaker 5: He was the bomber. But Richard Jewell, who was not
- 56:14Speaker 5: the bomber. Not the bomber. Well, he's dead. He can't
- 56:18Speaker 5: sue now.
- 56:18Speaker 3: But still just to get it right. Just for his memory.
- 56:21Speaker 5: Lin Wood. Lin Wood. Lin Wood. So now suddenly that
- 56:25Speaker 5: movie's a little different because you're like, come on, Lin Wood.
- 56:30Speaker 5: And anyone whose full name sounds like one small town
- 56:33Speaker 5: is weird.
- 56:34Speaker 1: So it's the take the dude off?
- 56:36Speaker 3: What's the fucking take, Elijah?
- 56:38Speaker 7: I haven't even gotten to the take. The take is, remember,
- 56:40Speaker 7: Josh Mandel almost started playing with a 70-year-old man. The
- 56:43Speaker 7: take is three things are true. One, Josh Mandel is
- 56:46Speaker 7: a national embarrassment. Two, Josh Mandel is the second worst
- 56:49Speaker 7: candidate for the Republican primary.
- 56:51Speaker 5: J.D.
- 56:51Speaker 7: Vance is worst. Three, Josh Mandel would still be a
- 56:55Speaker 7: better senator than Democratic candidate Tim Ryan.
- 56:59Speaker 1: Is that a take from Mike Gibbons?
- 57:02Speaker 7: It's not. Whose take is that?
- 57:06Speaker 8: One, two, three.
- 57:06Speaker 1: Hugh Hewitt.
- 57:08Speaker 5: Nope.
- 57:09Speaker 3: No, no, he wouldn't.
- 57:09Speaker 7: It is a bad pundit, though.
- 57:12Speaker 1: Now we're just into random guessing. Okay, give us the.
- 57:16Speaker 4: Give us the name.
- 57:17Speaker 1: Take person.
- 57:18Speaker 7: Dan McLaughlin.
- 57:19Speaker 1: Baseball crank.
- 57:20Speaker 8: Baseball crank.
- 57:21Speaker 5: I feel like Glenn Close should be the senator for...
- 57:25Speaker 5: But in that character from the J.D. Vance movie. That's good.
- 57:29Speaker 5: In the full mumu. She had to be in the mumu.
- 57:31Speaker 5: She has to talk like that every time she's on
- 57:33Speaker 5: the Senate floor. Wow.
- 57:36Speaker 1: I don't know. Baseball crank sucks. He gets three.
- 57:39Speaker 4: I give that four. As much as I dislike J.D. Vance,
- 57:43Speaker 4: Josh Mandel would be far worse as a senator. He's
- 57:45Speaker 4: a bona fide lunatic.
- 57:47Speaker 5: Well, yeah.
- 57:48Speaker 3: Yeah, yeah. I'm going to give that one Politico in
- 57:50Speaker 3: part because it's not It's a complicated take for a
- 58:00Speaker 3: simple situation.
- 58:01Speaker 5: There you go. There you go.
- 58:02Speaker 1: All right, last take, Elijah.
- 58:03Speaker 7: All right, this one's short and sweet. It's just a tweet.
- 58:08Speaker 7: The real March Madness is taking place in Ukraine at
- 58:11Speaker 7: the hands of Putin aggression.
- 58:13Speaker 5: Oh, no.
- 58:15Speaker 3: Damn it, why?
- 58:17Speaker 1: Judd, why did you tweet that?
- 58:17Speaker 3: Yeah, that's it. The handle was at Judd Apatow with
- 58:21Speaker 3: that trademark wit.
- 58:23Speaker 5: Twitter is not what it used to be. I feel
- 58:26Speaker 5: like I want to start a new Twitter account where
- 58:28Speaker 5: I only follow like film nerds. Like I want to
- 58:32Speaker 5: remove everyone. Like now I just have hundreds of angry people.
- 58:35Speaker 1: I feel with that too.
- 58:36Speaker 5: Like should I have a completely different account just for
- 58:39Speaker 5: like when cats make noises that sounds like words, you know?
- 58:43Speaker 5: Like I need the happy Twitter space.
- 58:45Speaker 6: Yeah, yeah.
- 58:46Speaker 3: No, I think that's right.
- 58:47Speaker 1: I think that's right. Elijah, who tweeted that?
- 58:51Speaker 7: Mark Knoller.
- 58:55Speaker 4: I know Mark well, CBS News broadcaster.
- 58:58Speaker 1: Twitter gets the best of him. It just breaks everyone.
- 59:01Speaker 3: In fairness, it is madness and it is taking place
- 59:05Speaker 3: in March. You know, I don't enjoy the pun. I
- 59:08Speaker 3: don't think it was necessary.
- 59:09Speaker 1: I don't think he was trying, so I'm giving it
- 59:12Speaker 1: one because I don't think he was trying to spit
- 59:15Speaker 1: out a bad take there.
- 59:17Speaker 3: Judd, would you ever bring yourself a tweet, a photo
- 59:20Speaker 3: of a chalk drawing that says, in a world of Putin's,
- 59:23Speaker 3: be a Zelensky?
- 59:25Speaker 5: In a world of Putin?
- 59:26Speaker 3: In a world of Putin's, be a Zelensky. Do you
- 59:29Speaker 3: find that inspiring? It makes me want to kill myself.
- 59:31Speaker 5: Yeah, I think this raises a question that I keep
- 59:35Speaker 5: thinking about, which is maybe humor should be eliminated.
- 59:44Speaker 3: No, I'm not against it.
- 59:46Speaker 5: No, all humor. No, I'm saying, I'm not joking. I
- 59:49Speaker 5: feel like, do you think that we don't actually get
- 59:52Speaker 5: to the root of everything we should know and care about?
- 59:55Speaker 5: And do we not inform ourselves because... Putin on a
- 59:58Speaker 5: horse becomes a joke for five years. And then we
- 1:00:01Speaker 5: don't really go, oh no, he's the devil. And he's
- 1:00:05Speaker 5: preparing mass slaughter and we made him, you know, like
- 1:00:09Speaker 5: a funny villain.
- 1:00:11Speaker 1: We've had experience with that here.
- 1:00:13Speaker 5: Yes.
- 1:00:13Speaker 4: Well, Kim Jong-un, Kim Jong-il, right?
- 1:00:15Speaker 8: Similar deal.
- 1:00:15Speaker 4: The sunglasses, the hair, the outfits, you laugh it off
- 1:00:18Speaker 4: instead of saying, oh, you know, they're killing millions of people.
- 1:00:21Speaker 5: We need, I mean, obviously we have to process things
- 1:00:23Speaker 5: and we need some of that. But I do, when
- 1:00:25Speaker 5: things get really bad, you're like, We probably should have
- 1:00:28Speaker 5: informed people about what's actually happening right now.
- 1:00:32Speaker 1: This fucking guy makes a whole career out of comedy.
- 1:00:35Speaker 3: Shut the door behind him.
- 1:00:36Speaker 1: Judd's trying to cancel humor here on Puts in America.
- 1:00:38Speaker 5: I'm canceling myself. I'm taking myself out of the equation.
- 1:00:43Speaker 1: The book is sicker in the head.
- 1:00:45Speaker 5: That's my final project before I leave the business. Humor
- 1:00:50Speaker 5: has let us down.
- 1:00:50Speaker 3: You're going to do your one hour photo. You're going
- 1:00:52Speaker 3: to do your insomnia. You're going to do your serious kick.
- 1:00:55Speaker 5: It's time.
- 1:00:56Speaker 3: This Is 50 is going to be incredibly serious. Very sad.
- 1:00:59Speaker 5: I'm going to go to a place that no one
- 1:01:02Speaker 5: wants me to go. You know, I consider myself, you know,
- 1:01:08Speaker 5: I always say I consider myself the Michael Jordan of
- 1:01:11Speaker 5: stand-up comedy because I'm really.
- 1:01:14Speaker 3: For baseball.
- 1:01:15Speaker 5: For baseball. For baseball. Because no one knows why I
- 1:01:17Speaker 5: do it. I won't stop and I'm not good at it.
- 1:01:21Speaker 3: Can I ask you a question?
- 1:01:22Speaker 5: Can I ask you another question?
- 1:01:23Speaker 3: How proud were you as a dad when you got
- 1:01:25Speaker 3: the text from Maude saying that she was in Euphoria?
- 1:01:28Speaker 5: Let me tell you, any time your child gets a job,
- 1:01:31Speaker 5: you're like, okay, employment. And then, well, the important call is,
- 1:01:36Speaker 5: I play the nice girl.
- 1:01:38Speaker 1: Then you're okay.
- 1:01:39Speaker 5: The bad call is, hey, dad, next season, they've decided
- 1:01:42Speaker 5: my character takes a turn. And then that's where you
- 1:01:45Speaker 5: get concerned. Have you seen it? Have you watched it?
- 1:01:48Speaker 5: Have you gotten through it all? Not yet. Okay. They
- 1:01:51Speaker 5: really kind of pull it off. I mean, if you
- 1:01:53Speaker 5: watch the two years.
- 1:01:55Speaker 1: I watched the first season and I'm trying to steal
- 1:01:57Speaker 1: myself for the second season because it's a lot.
- 1:01:59Speaker 5: It's pretty remarkable what he did. If you look at
- 1:02:01Speaker 5: it as a two-year story. Okay. It's really fantastic.
- 1:02:05Speaker 1: The first season was incredible. I mean, I want to.
- 1:02:06Speaker 1: You've got to write headspace for it.
- 1:02:09Speaker 5: Well, as a parent, I mean, anytime you see that.
- 1:02:12Speaker 5: But then I think about what we were doing at
- 1:02:14Speaker 5: Sias at High. What were we doing?
- 1:02:17Speaker 1: What were you guys doing?
- 1:02:19Speaker 3: Nintendo 64?
- 1:02:19Speaker 5: A shitty weed. I was stealing people's radar detectors.
- 1:02:22Speaker 3: I think you and I had a different experience. I
- 1:02:24Speaker 3: think you and I had a different couple of years
- 1:02:25Speaker 3: at Siazan High School.
- 1:02:27Speaker 5: Were you on the debate team? No, but I was
- 1:02:30Speaker 5: the president of the school radio station.
- 1:02:33Speaker 3: So I out-nerded you, my friend.
- 1:02:36Speaker 5: You did.
- 1:02:36Speaker 3: And you have. Yes.
- 1:02:38Speaker 5: And you will. I will continue to.
- 1:02:40Speaker 1: Judd Apatow, thank you for joining Pod Save America here
- 1:02:42Speaker 1: in studio.
- 1:02:43Speaker 5: We appreciate it.
- 1:02:43Speaker 1: Everyone go see The Bubble. Bye, sicker in the head.
- 1:02:47Speaker 1: and thank you also to Surgeon General, Dr. Vivek Murthy,
- 1:02:50Speaker 1: for joining us. We did have another serious guest.
- 1:02:53Speaker 3: Thank you to.
- 1:02:53Speaker 1: Who has already canceled humor.
- 1:02:54Speaker 4: Is this better or worse than your SmartList interview?
- 1:02:56Speaker 5: Do you know that he was the consultant? He worked
- 1:03:00Speaker 5: for Netflix. When we made the bubble, when I had
- 1:03:03Speaker 5: to make calls with the cast to say, how do
- 1:03:06Speaker 5: we do this safely? Dr.
- 1:03:07Speaker 1: Murthy did it?
- 1:03:08Speaker 5: That is who we spoke to.
- 1:03:10Speaker 7: Wow.
- 1:03:10Speaker 5: Because you can't ignore him.
- 1:03:12Speaker 3: And he's like, it's not real.
- 1:03:13Speaker 1: He's wonderful.
- 1:03:14Speaker 5: And we didn't have one case.
- 1:03:17Speaker 5: The entire year.
- 1:03:18Speaker 8: Wow.
- 1:03:18Speaker 5: So he knows his stuff.
- 1:03:23Speaker 1: That was his advice.
- 1:03:25Speaker 3: Hey, if you don't know, it can't hurt you.
- 1:03:27Speaker 8: That's Dr.
- 1:03:27Speaker 5: Murthy for you.
- 1:03:28Speaker 3: That's a tip from Dr.
- 1:03:29Speaker 5: Murthy. Yes.
- 1:03:31Speaker 3: In between his stints as Surgeon General, don't test. It's
- 1:03:35Speaker 3: best not to know.
- 1:03:36Speaker 5: All right, everyone.
- 1:03:37Speaker 1: We'll talk to you Thursday.
- 1:03:39Speaker 3: Bye.
- 1:03:39Speaker 5: Bye. Bye.
- 1:03:44Speaker 1: Pod Save America is a Crooked Media production. The executive
- 1:03:47Speaker 1: producer is Michael Martinez. Our senior producer is Andy Gardner Bernstein.
- 1:03:51Speaker 1: Our producer is Haley Muse, and Olivia Martinez is our
- 1:03:54Speaker 1: associate producer. It's mixed and edited by Andrew Chadwick. Kyle
- 1:03:57Speaker 1: Seglin and Charlotte Landis sound engineer the show. Thanks to
- 1:04:00Speaker 1: Tanya Sominator, Sandy Gerard, Hallie Kiefer, Ari Schwartz, Andy Taft,
- 1:04:04Speaker 1: and Justine Howe for production support. And to our digital team,
- 1:04:08Speaker 1: Elijah Cohn, Phoebe Bradford, Milo Kim, and Amelia Montooth. Our
- 1:04:12Speaker 1: episodes are uploaded as videos at youtube.com slash crookedmedia.