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Speaker 1: Michael and Dragon.

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Speaker 2: Well, you certainly don't hear of anybody throwing a Jimmy

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Speaker 2: John sandwich too delicious. You don't hear anybody throwing a

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Speaker 2: quiz No, sub too damn expensive. Something to be said

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Speaker 2: for subway there, Michael.

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Speaker 1: As your biggest Florida goober, I wear that g on

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Speaker 1: my back, no problem. Sometimes it gets hidden by my cape, though, And.

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Speaker 3: As long as you have your cape so you can

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Speaker 3: fly around, that's that's all we need, sweetheart. That for goober.

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Speaker 3: So I have a question, and I again i've this

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Speaker 3: has been in my pos. No, it's not what you think.

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Speaker 3: It's a pile of stuff. My pile of stuff for back,

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Speaker 3: I'd say five six days now, and I'm finally ready to,

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Speaker 3: I think, dive into it. And it kind of reached

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Speaker 3: its nadier last night when I went with his friend

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Speaker 3: to the Columbine Steakhouse up on Federal and I'd always

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Speaker 3: heard about it, and all you know, it's like it's

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Speaker 3: like an iconic place in Denver. It's got to be

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Speaker 3: one hundred years old, and it looks like it's hundred

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Speaker 3: years old, and it's it's really strange. But you go

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Speaker 3: in and the very first thing I noticed, Drey, you

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Speaker 3: love this. So the menus are a blue sheet of

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Speaker 3: eight and a half by eleven paper laminated. Okay, it was laminated,

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Speaker 3: and the prices have changed, so they've scratched out with

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Speaker 3: the black magic marker the price and written.

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Speaker 1: In the new price on top of the laminatee topes.

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Speaker 3: Yes, so that got me to thinking about gee, I

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Speaker 3: wonder and I should have asked that the waitress how

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Speaker 3: you know what the server was? Oh, my usual, the

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Speaker 3: word waitress. Somebody's gonna be offended by that now too.

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Speaker 3: I should have asked what were the old prices? I

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Speaker 3: can I know what the old prices were, just by comparison,

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Speaker 3: because compared to the steakhouse that that Tara and I

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Speaker 3: and my friends took me to on Saturday for my birthday,

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Speaker 3: let's just say that one was magnetude orders of magnitude

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Speaker 3: more expensive than the Columbine steakhouse was. So the two

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Speaker 3: two of us ate pretty cheaply last night, but it

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Speaker 3: was still more expensive than And I don't know when

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Speaker 3: they changed the prices than the original price when they first.

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Speaker 1: Laminated of those menus.

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Speaker 3: So my question to you is are things really more

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Speaker 3: expensive or not? Or is it just that perception is

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Speaker 3: reality and you perceive things to be more expensive when

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Speaker 3: they're really not. Because the new buzzword, what is it,

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Speaker 3: that's right, affordability. Everybody's talking about affordability now. Well, door dash, Yes,

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Speaker 3: door dash. I've never used door dash for my entire life,

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Speaker 3: but apparently DoorDash has done their first ever state of

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Speaker 3: Local Commerce report, and that report, when you dig into it,

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Speaker 3: finds that prices on everyday essentials have either stabilized, which

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Speaker 3: means they've leveled off or they're actually falling. And the

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Speaker 3: local restaurants remain resilient, which means there are prices that

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Speaker 3: got checked up during COVID are still there, but their

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Speaker 3: business has you know, maybe the customers customers, uh, the

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Speaker 3: number of customers has dropped off a little bit, but

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Speaker 3: they're still able to maintain their profit margins and they're

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Speaker 3: still able to keep the door open. That's the way

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Speaker 3: I would interpret door dash saying that restaurants remain resilient.

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Speaker 3: And I found this one interesting buried in the report

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Speaker 3: is that week day.

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Speaker 1: Downtown lunch demand is rebounding.

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Speaker 3: In more than half of US city's So this report

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Speaker 3: kind of gives us a street level view that nuances

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Speaker 3: beyond these broad national indicators that we keep getting getting

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Speaker 3: on all the cable channels and from the cabal.

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Speaker 1: How do they do this? What's their methodology?

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Speaker 3: Well, it's built on hundreds of millions of transactions across

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Speaker 3: grocery stores, restaurants, and main street retail this year. It

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Speaker 3: highlights this is what they This is kind of the

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Speaker 3: TLDR of the report. It highlights a fourteen percent drop

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Speaker 3: in breakfast basic price baskets between March and September, a

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Speaker 3: ninety three percent year over year survival rate for restaurants,

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Speaker 3: and a twenty I'm sorry, a two point five percent

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Speaker 3: national rise in business district weekday lunch orders, with outsize

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Speaker 3: rebounds in places like San Francisco and Chandler, Arizona.

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Speaker 1: So what does this report?

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Speaker 3: It's what they did is they compiled They compiled transaction

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Speaker 3: derived indicators from literally hundreds of millions of orders so

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Speaker 3: they could figure out what the localized economic conditions are

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Speaker 3: across thousands of neighborhoods. They were aiming to complement the

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Speaker 3: lagging sample based national stats with real time microeconomic signals

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Speaker 3: from on platform purchasing behavior. So now that they and

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Speaker 3: Obviously I didn't know this, but this is what the

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Speaker 3: report tells me. That door dash has now expanded in

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Speaker 3: new verticals such as grocery and retail, and that data,

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Speaker 3: that data increasingly spans beyond restaurants. So it gives door

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Speaker 3: dash a broader lens on local commerce patterns in all

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Speaker 3: the essentials that we buy, prepared food and household goods.

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Speaker 3: Those three categories, the essentials, prepared food and household goods.

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Speaker 3: So what are some of the key price indicators? Does

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Speaker 3: this align with what you see? Because I can tell

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Speaker 3: you that in our household, it just seems that the

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Speaker 3: grocery bill hasn't gone down. The eating out bill, I

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Speaker 3: wouldn't say has gone up. I'd say it's stabilized now

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Speaker 3: from COVID from the shutdown, that's now. I ever forget

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Speaker 3: that from the shutdown, when a lot of restaurants went

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Speaker 3: out of business and they were faced with increasing costs

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Speaker 3: of you know, everybody had to take your stuff out.

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Speaker 3: Always fascinate the immediate, Oh we can cook your food,

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Speaker 3: but you can't eat it here. You got to take

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Speaker 3: it home. I mean, the dumb assy that we put

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Speaker 3: up with was absolutely insanity. But I noticed that our

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Speaker 3: eating out prices have generally leveled off, but they've leveled

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Speaker 3: off at a new baseline. So the you know, the

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Speaker 3: Chinese food, you know you might go for two people

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Speaker 3: and the Chinese food might cost you twenty five bucks,

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Speaker 3: now cost you thirty five or forty bucks, and it's

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Speaker 3: leveled out at that price. I don't see any drop

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Speaker 3: in it. Prices for everyday essentials like toilet paper, diapers.

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Speaker 3: Dorda says that was flat over the same time frame.

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Speaker 3: Now I would imply from that that there's some sort

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Speaker 3: of stabilization going on in household goods after all of

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Speaker 3: those previous inflationary spikes. They have a cheeseburger index, Yes,

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Speaker 3: they've got cheeseburger index. That index highlights meaningful regional affordability dispersion.

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Speaker 3: That means they went to all sorts of different places.

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Speaker 3: They everywhere from like Lincoln, Nebraska to Milwaukee to Detroit.

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Speaker 3: So it's offering significantly lower typical prices versus the high

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Speaker 3: cost markets, which I would throw the front range in.

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Speaker 3: I think we are a high cost market, effectively doubling

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Speaker 3: purchasing power for comparable items in those locations, which is

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Speaker 3: a good point here to put a little asterisks in

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Speaker 3: and think, yeah, this might be true in Chandler, Arizona.

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Speaker 3: It might be true even in San Francisco. It might

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Speaker 3: be true in some place in Nebraska, someplace in Wisconsin.

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Speaker 3: It might be true in some of these places like Detroit.

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Speaker 3: But is it true here? I don't think so. Now,

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Speaker 3: restaurant continuity I found pretty interesting because I find that

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Speaker 3: as I travel around Denver and go to business lunches

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Speaker 3: and things, that I see more and more restaurants being

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Speaker 3: closed down. When you read Westward, you know, when you

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Speaker 3: read when you read it either weekly or maybe daily,

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Speaker 3: I forget, but they'll have a list of recent restaurant closings,

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Speaker 3: and it seems to be a staple of the newspaper.

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Speaker 3: So whatever Patty Calhoun does to send people out, they

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Speaker 3: get list of all the restaurants closing. And every week

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Speaker 3: they've got plenty of people to list that all these

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Speaker 3: restaurants have closed. But according to door dash, ninety three

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Speaker 3: percent of restaurants that are active on door Dash. There's

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Speaker 3: that there's that parameter. In September of twenty twenty four,

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Speaker 3: we're still open in this past September. September of twenty

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Speaker 3: twenty five. Now, the reason I point that out is

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Speaker 3: because all the other stories that I read indicate that

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Speaker 3: that's contrary to the expects of these widespread closures in

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Speaker 3: high cost environments, which I think, once again we have

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Speaker 3: to take Denver put it out here on its own,

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Speaker 3: because I think Denver is one of those high cost environments.

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Speaker 3: And I'm eventually going to get to another story, not today,

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Speaker 3: but eventually about why is it that Denver is such

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Speaker 3: a high cost area. Well, I think, in a nutshell,

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Speaker 3: not going into the details, it is regulations, all the

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Speaker 3: environmental bull crap that they're shoving down our throat, prices

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Speaker 3: in general, and just the influx of let's say, twenty

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Speaker 3: five to thirty five year olds who have disposable income

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Speaker 3: that are willing to spend it on. You know, I

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Speaker 3: jokingly mentioned something about a six shot latte. Have no

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Speaker 3: idea of a six shot latte costs, but I bet

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Speaker 3: it's more than five dollars. I bet it's not quite

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Speaker 3: ten dollars, but it could be. I'm just not a

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Speaker 3: coffee drinker, so I don't know, but they're willing to

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Speaker 3: pay that. Old boomers are probably not. Just give me

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Speaker 3: some black coffee. That's all I want. New restaurant on

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Speaker 3: boarding in other words, opening bringing new employees in accelerated

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Speaker 3: more than eighteen percent year over year. And again it's

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Speaker 3: in places where you would least expect it. They in

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Speaker 3: particular pointed out the Raido Texas, Milwaukee, Wisconsin, Saint Paul, Minnesota,

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Speaker 3: and their argument is that indicates continued entrepreneurship and platform

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Speaker 3: adoption in secondary metros.

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Speaker 1: So if you live in New York, you live in.

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Speaker 3: La or San Francisco, you live in Harris County, Houston, Texas,

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Speaker 3: then maybe it's not so much. And then I hear

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Speaker 3: all the horror stories about Las Vegas, about how Las

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Speaker 3: Vegas is. You know, the big mantra about Las Vegas

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Speaker 3: right now is they're nickel and diming everybody to death.

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Speaker 3: He said, if you know a free cocktail where you're

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Speaker 3: in you know, poker, or you're you know, pulling the

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Speaker 3: one armed Bandits or whatever, Now you're paying for those drinks.

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Speaker 3: They're nickel, and they're charging you for everything. They're charging

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Speaker 3: for parking. Oh, you want to go swim in the

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Speaker 3: pool we have already built here. Yeah, we're gona charge

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Speaker 3: you for that too. So the consumer sentiment, which is

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Speaker 3: the most important thing to me, mirrors that resilience because

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Speaker 3: seventy two percent of there of their customers they talk

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Speaker 3: to reported they see the same or more shops opening

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Speaker 3: relative to last year. Now that's obviously a churn, but

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Speaker 3: that churn means that it's being offset by new people

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Speaker 3: entering the market or established places starting to expand. But

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Speaker 3: is it true here?

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Speaker 1: I don't know yet.

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Speaker 3: I'm just giving you this broad overall picture because the perception,

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Speaker 3: I sincerely believe that the perception is being driven by

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Speaker 3: the narrative on the cabal. The cabal is trying to

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Speaker 3: convince us that prices having come down, that inflation remains high.

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Speaker 1: It's not.

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Speaker 3: It's you know, between two and three percent, which is

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Speaker 3: pretty normal for any booming economy, any growing economy. But

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Speaker 3: we're pounded and pounded and pounded about the EU shoe

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Speaker 3: of affordability, and with gas prices coming down, of course

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Speaker 3: that's not going to change overnight. But when you think

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Speaker 3: about if you're driving an eighteen wheeler and you're paying

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Speaker 3: X dollars a gallon for diesel, or you're commuting to

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Speaker 3: work and you're paint, whether you're buying regular unleaded or

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Speaker 3: premium unleaded, and that's dropped by seventy five cents, just

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Speaker 3: drop by a dollar.

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Speaker 1: Whatever it is. That starts to ripple through the.

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Speaker 3: Economy because virtually everything that we do relies on energy.

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Speaker 1: I had to I had to.

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Speaker 3: Fill my car up last night, didn't have enough gas

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Speaker 3: to get home. Well, obviously that affects my income because okay,

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Speaker 3: I gotta fill the car. I gotta fill the car

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Speaker 3: up all the time anyway, because I'll drive him to work.

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Speaker 3: But for the people that live paycheck to paycheck, for

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Speaker 3: people who really you know, if I watched people do this,

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Speaker 3: maybe you've done it. I'm only going to put ten

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Speaker 3: dollars in. Well, all that's doing is that's postponing the pain. Eventually,

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Speaker 3: that ten dollars worth of gas, being with the price

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Speaker 3: of gases might be a couple of gallons. If you

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Speaker 3: live in you know, San Francisco or you live in Manhattan.

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Speaker 3: That two gallons of gas for ten bucks is I

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Speaker 3: gotta last you very long? And you're right back. They're

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Speaker 3: putting ten dollars in again. So are there any consumer

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Speaker 3: shifts in behavior? Their data indicates that households are spending smarter.

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Speaker 3: What does that mean to you? Because I thought about it,

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Speaker 3: I tried to think in my life, am I spending smarter?

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Speaker 3: I don't know that I'm spending smarter. I think I'm

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Speaker 3: just being a little and maybe this is the same thing.

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Speaker 3: But you know, maybe today I'm not gonna go out

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Speaker 3: for lunch. Maybe today instead I'll just you know, in fact,

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Speaker 3: I got a meeting to go to, but I don't

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Speaker 3: think lunch is involved. But instead maybe I'll just snack

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Speaker 3: on something, you know, diet coat and nuts and just

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Speaker 3: move on. And there are people they're taking advantage of

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Speaker 3: localized price differentials because again, categories like breakfast staples deflate

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Speaker 3: while the others stabilize.

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Speaker 1: So maybe habits begin to shift.

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Speaker 3: Platform level behaviors, I think are probably indicative of a.

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Speaker 1: Broader substitution pattern.

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Speaker 3: Which means that consumers like you are turning to value

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Speaker 3: driven options. You're taking advantage of membership savings you had

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Speaker 3: just order timing and the occasion weekday lunches versus how

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Speaker 3: many times do you go out on the weekend, do

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Speaker 3: you go out during the week, or have you stop

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Speaker 3: doing that? And as returned to office habits incrementally normalized

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Speaker 3: they're not back to normally yet, even in this building,

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Speaker 3: they don't seem to be back to normal. That people

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Speaker 3: shift where they spoke. I don't have to go to lunch.

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Speaker 3: Maybe I was too lazy to bring lunch anyway, so

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Speaker 3: every day I went out to lunch. But if I'm

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Speaker 3: not going to the office but three or four days

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Speaker 3: a week, then that fifth day that I don't go,

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Speaker 3: or the fourth and fifth day I don't go, I

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Speaker 3: don't go out to ear there for us save some money.

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Speaker 3: What are the implications and what's the context with say

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Speaker 3: door Dasher's trajectory. It complements door Dasher's broader twenty twenty

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Speaker 3: five narrative. They're experiencing accelerated growth. They see an expansion

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Speaker 3: of their grocery partnerships with Kroger and others that are

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Speaker 3: out to like two thousand almost three thousand stores, and

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Speaker 3: of course they're expanding into new verticals that expand the

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Speaker 3: data set that underpins their local commerce insights. So it's

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Speaker 3: just it's just one company, but it shows us that perhaps,

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Speaker 3: just perhaps that the affordability crisis is not as bad

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Speaker 3: as we think, but maybe only in some areas, because

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Speaker 3: in all the.

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Speaker 1: How many times. How many times you think I found

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Speaker 1: Colorado on the story.

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Speaker 3: How many times as I dug through the report and

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Speaker 3: did a word source, do you think I found ver

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Speaker 3: or any of the suburbs or Colorado Springs, Orfot, Collins

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Speaker 3: are Boulder.

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Speaker 1: None.

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Speaker 3: I didn't find it at all. Those sayings not there,

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Speaker 3: I just didn't find it. So I think we're still

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Speaker 3: one of those high cost cities, and so I think

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Speaker 3: we're an outlier, which obviously would lead to a pretty

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Speaker 3: intense political discussion about why are we an outlier? What

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Speaker 3: are all the factors that make us an outlier? So

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Speaker 3: this state of local Commerce study, the door dash is done,

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Speaker 3: kind of gives us a granular, real time lens on

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Speaker 3: local economic dynamics. But just in those cities where they're

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Speaker 3: operating that are not high cost cities that we have

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Speaker 3: easing prices on key staples, we got resilient restaurant ecosystems,

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Speaker 3: and we have a cautious but what I would describe

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Speaker 3: as a broad based downtown lunch recovery. Yeah, why do

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Speaker 3: I think the downtown lunch recovery is important?

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Speaker 1: One?

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Speaker 3: That means people are going back to offices, That means

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Speaker 3: that people are actually on their lunch time, going out

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Speaker 3: and spending money on lunch as opposed to brown bagging it.

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Speaker 3: So all that indicates increased economic activity. So increased economic

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Speaker 3: activity translates into a higher gross domestic product, which means

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Speaker 3: that as a consumer economy, we're doing more and more consuming,

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Speaker 3: which means that the economy must be growing. Why is

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Speaker 3: it that we don't feel that way? Why is it

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Speaker 3: we keep getting fed just the opposite that actually over enough?

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Speaker 3: We are in an affordability crisis, are we?

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Speaker 4: Michael? I would say that my door dash would be

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Speaker 4: even cheaper if I didn't have to pay the delivery

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Speaker 4: fee that the Colorado State Pollup Bureau tacked on a

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Speaker 4: couple of years ago. I think it's like twenty nine

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Speaker 4: cents per delivery. So anyway, affordability is something that I

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Speaker 4: don't necessarily want to say good job, because then they'll

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Speaker 4: just tack to make it higher.

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Speaker 1: Hey, you know that you're on K zero way? Are

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Speaker 1: you drinking coke zero? Now?

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Speaker 3: No, it's just still the same old McDonald's diet coke.

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Speaker 1: Same guy was in the window today. Oh hi Michael,

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Speaker 1: Hey yeah yeah, actually said hi Michael, yeah.

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Speaker 3: Wow, which kind of gave me the creeps because that

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Speaker 3: means that money either because this was at the where

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Speaker 3: you order, the ordering spot in the drive through, what

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Speaker 3: would you technically call that.

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Speaker 1: Just the speaker the speaker? Yeah, I mean, but I wasn't.

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Speaker 3: I guess I was at the speaker, but I was

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Speaker 3: in my car, so I'm not really standing at the

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Speaker 3: speaker anyway. He said, Oh, hi, Michael, come on around,

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Speaker 3: like you.

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Speaker 1: Gave my code.

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Speaker 2: But yeah, so you already he already knew that you

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Speaker 2: were there because you gave him whatever code it was. Yes,

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Speaker 2: that makes a little bit of sense. Yeah, yeah, he

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Speaker 2: doesn't feeme ego that he knew I was. Well, at

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Speaker 2: least he's easier to train than the early morning girl

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Speaker 2: at at like five am, which she had a teacher

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Speaker 2: how to say, teach how to say thank you?

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Speaker 3: Welcome, Yeah, thank you, you're welcome, thank you, and you're welcome.

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Speaker 3: Good grief. So I imagine most of you know what

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Speaker 3: a pink slip is drag, and I know what ping

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Speaker 3: slips are. Yeah, pink slips all the time, king slips everywhere.

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Speaker 3: Do you know what a blue slip is? I'll tell

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Speaker 3: you what a blue slip Isn't a blue slip is

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Speaker 3: in just a minute. But I want I want you

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Speaker 3: to think about something about what really goes inside the beltwagh.

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Speaker 1: Right. Now, Trump's been.

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Speaker 3: In office since well it's well not in office, but

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Speaker 3: it's been a year since he was elected and since

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Speaker 3: January twentieth. We're now in November, so it's been just

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Speaker 3: about eleven months. Sometime next week it'll be eleven months.

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Speaker 3: He still does not have all of his political appointees

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Speaker 3: confirmed by the United States Senate for those which require

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Speaker 3: a Senate confirmation. This is something that has given me

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Speaker 3: nuts for decades now. Fortunately I had two Senate confirmation hearings.

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Speaker 3: I had one for my first presidential commission and then

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Speaker 3: one several years later for the second presidential commission, you

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Speaker 3: know post nine to eleven, when they stood up that

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Speaker 3: wonderful organization called the Department of Homeland Security. But in

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Speaker 3: both cases, I fortunately had a couple of senators that

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Speaker 3: from Colorado, Wayne Allard and Ben Nighthorse Campbell, who saw

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Speaker 3: to it that we you know, wam bam, thank you man,

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Speaker 3: we got it done. But now if you don't have

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Speaker 3: your team in place, the bureaucracy runs a knock. They

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Speaker 3: do what they want to do. They're they're like a

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Speaker 3: they're just like the energizer bunny. They just keep doing

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Speaker 3: what they had been told to do prior to the election.

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Speaker 3: And even though during the transition from Biden to Trump,

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Speaker 3: I've tried to explain this before, during that transition team,

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Speaker 3: during the transition period, the transition team parachutes all these

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Speaker 3: people into all the departments and agencies.

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Speaker 1: Now they're not.

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Speaker 3: The people who will ultimately take control of that department

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Speaker 3: and agency, as if they ever really do get control

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Speaker 3: of it, but that's them the story for another time.

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Speaker 3: So they parachute in and the purpose is find out

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Speaker 3: everything you can about the five w's, where, when, and

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Speaker 3: why of what's going on in that department or agency.

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Speaker 3: They compile this gigantic book. My book when I showed

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Speaker 3: up in DC in January of twenty twenty of twenty

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Speaker 3: twenty twenty, I wish it was twenty two in January

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Speaker 3: of two thousand, was probably almost six inches deep.

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Speaker 1: And there's two or three of these books.

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Speaker 3: And it was every program, it was every policy, every regulation,

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Speaker 3: every initiative that the prior administration in this that in

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Speaker 3: that case it would have been the Clinton administration. What

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Speaker 3: they were doing. And so our job was once we

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Speaker 3: got confirmed, because we can't do anything until we're confirmed,

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Speaker 3: was to go through those books and decide what to keep,

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Speaker 3: what not to keep, what to change, what not changed.

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Speaker 1: To do all of that.

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Speaker 3: But you can't do any of that until you're confirmed

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Speaker 3: by the Senate because you have no authority, so.

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Speaker 1: You're really just in limbo.

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Speaker 3: So all I could do was just read through the

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Speaker 3: books and start marketing it up and try and to

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Speaker 3: decide what I wanted to change, what I wanted to do,

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Speaker 3: and everything else while I waited on the Senate to

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Speaker 3: confirm my nomination.

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Speaker 1: And of course you you don't.

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Speaker 3: It depends on you know, the White House has priorities,

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Speaker 3: so clearly the under Secretary Home Insecurity is going to

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Speaker 3: get a lower priority than say, the Secretary of State.

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Speaker 3: I understand that, but again it hinders you because you

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Speaker 3: don't realize how quickly four years goes.

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Speaker 1: We stop and think about.

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Speaker 3: Right now Trump is getting close to his first year

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Speaker 3: to twenty five percent of his term almost finished. Now,

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Speaker 3: for you Trump haters, that's a reason to be ecstatic,

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Speaker 3: and for the Trump lovers, that's a reason to be concerned.

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Speaker 3: So back to the pink slip. The blue slip is

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Speaker 3: something that began as a courtesy. It was not a rule,

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Speaker 3: and it's certainly not in the Constitution. Back in nineteen seventeen,

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Speaker 3: the Judiciary, the Judiciary Committee at that time, they started

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Speaker 3: sending literal blue slips of paper to home state senators

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Speaker 3: because remember then the senators represented the states. So the

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Speaker 3: state would send their senators a blue piece of paper

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Speaker 3: in which they would get the views on the nominees

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Speaker 3: who would serve those states. Now, the animating thought simple,

404
00:23:55,760 --> 00:23:58,360
Speaker 3: a senator might know local conditions better sold. The committee

405
00:23:58,359 --> 00:24:01,119
Speaker 3: ought to listen to that local senator. But listening is

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Speaker 3: not vitally and for the first decades that difference mattered.

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Speaker 3: Negative or unreturned slips were weighed. Then the committee often

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Speaker 3: proceeded so the full Senate could decide on a nominee.

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Speaker 3: That was what is required in the Constitution. Advice and

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Speaker 3: consent in substance, consultation. That's married to accountability. That's not

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Speaker 3: what's occurring now. Are people like that curmudgeon listener are

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Speaker 3: the reasons why conservatives have a problem building a big.

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Speaker 2: Tent, So yeah, go away.

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Speaker 3: Uscubers need a safe space. I know because you're all

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Speaker 3: all of you are just so so pathetic and weak

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Speaker 3: and sad and well, yeah, I love my goobers, I

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Speaker 3: really do.

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Speaker 1: I love my audience. They're great. Although here's the butt.

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Speaker 3: The text line number is three three ones year o three.

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Speaker 3: Keyword micro Michael. I'm not reading the other not logging

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Speaker 3: into it. That's not mine mine three three one zero three.

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Speaker 3: So if you want to scream at me, if you

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Speaker 3: want to yell at me, or you want to give

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Speaker 3: me kudos, or are you going to tell me to

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Speaker 3: go away? You got to do that at three three

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Speaker 3: one zero three keyword micro Michael. What are you looking at?

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Speaker 2: I'm just going to say that you're a special boy

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Speaker 2: and you need your own text line.

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Speaker 1: You think you're No, it's because.

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Speaker 3: The NSSA has to read through them and approve anything

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Speaker 3: that shows up. I don't want you to think that

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Speaker 3: the NSA would be reading anything, So I mean, how

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Speaker 3: would I know that?

434
00:25:38,160 --> 00:25:40,439
Speaker 2: But I you know that, Well they're not right now

435
00:25:40,480 --> 00:25:44,000
Speaker 2: because the government shut down, so resuming tomorrow hopefully then maybe.

436
00:25:43,840 --> 00:25:46,720
Speaker 1: Oh you silly boy, you silly boy.

437
00:25:46,960 --> 00:25:49,840
Speaker 3: So you think that because the government shut down, that

438
00:25:50,080 --> 00:25:53,360
Speaker 3: all the nerds with their little headphones on, sitting out

439
00:25:53,400 --> 00:25:57,600
Speaker 3: at Fort Mead, are just asleep, or they're at subway

440
00:25:57,640 --> 00:26:02,240
Speaker 3: eating sandwiches. Eh, they're listening to you. Just be they're

441
00:26:02,240 --> 00:26:05,760
Speaker 3: listening to you. Back to the blue slip. So the

442
00:26:05,760 --> 00:26:09,239
Speaker 3: blue slip changed in the nineteen fifties. That's when they

443
00:26:09,280 --> 00:26:15,760
Speaker 3: converted this consultative custom into a one senator veto no

444
00:26:15,960 --> 00:26:19,480
Speaker 3: hearing unless you had two positive slips. Now this is

445
00:26:19,720 --> 00:26:23,560
Speaker 3: again another slippery slope today. The motive was not noble.

446
00:26:23,920 --> 00:26:29,920
Speaker 3: The effect in the South. This this is truly part

447
00:26:30,040 --> 00:26:35,320
Speaker 3: of old Jim Crow. It was to keep integrationist judges

448
00:26:35,400 --> 00:26:40,359
Speaker 3: off the bench. So the result was not just delay,

449
00:26:40,400 --> 00:26:43,199
Speaker 3: It was trying to drift. It was trying to effect

450
00:26:43,359 --> 00:26:48,199
Speaker 3: public policy. So this practice that was intended originally to

451
00:26:48,200 --> 00:26:53,720
Speaker 3: gather facts became a mechanism to block and then later

452
00:26:53,840 --> 00:26:58,960
Speaker 3: chairs reverse course. Again, it's like anything that you think

453
00:26:59,040 --> 00:27:02,080
Speaker 3: the government does today, Well, hold on, I'll tell you

454
00:27:02,080 --> 00:27:06,480
Speaker 3: about something they do differently tomorrow. You had Ted Kennedy,

455
00:27:07,280 --> 00:27:10,000
Speaker 3: then you had Strong Thurman, then you had Joe Biden,

456
00:27:10,760 --> 00:27:14,400
Speaker 3: then you had Orange hatcherm o'hia from Utah. They all

457
00:27:14,960 --> 00:27:19,800
Speaker 3: permitted the hearings to proceed despite missing slips if the

458
00:27:19,840 --> 00:27:24,200
Speaker 3: White House would quote consulting good faith. Then came along

459
00:27:24,320 --> 00:27:27,880
Speaker 3: Patrick Leahy, and he reverted to strict enforcement in two

460
00:27:27,920 --> 00:27:30,840
Speaker 3: thousand and one. So it's not that long ago, and

461
00:27:30,920 --> 00:27:34,440
Speaker 3: blue slips once again operated as a pocket veto.

462
00:27:34,600 --> 00:27:36,480
Speaker 1: Now the history's not a straight line. It's just simply

463
00:27:36,520 --> 00:27:37,360
Speaker 1: a pendulum.

464
00:27:37,760 --> 00:27:40,639
Speaker 3: But that alone lot of cautionness against treating a committee

465
00:27:40,680 --> 00:27:43,760
Speaker 3: habit as somehow that were part of the constitutional architecture.

466
00:27:43,760 --> 00:27:44,199
Speaker 1: It is not.

467
00:27:46,440 --> 00:27:52,640
Speaker 3: The Constitution's architecture is pretty darn clear. The President nominates,

468
00:27:53,640 --> 00:27:59,040
Speaker 3: the Senate gives advice and consent by majority vote, not

469
00:27:59,560 --> 00:28:04,639
Speaker 3: sixty votes, a majority vote. There is nothing in the constitution.

470
00:28:04,760 --> 00:28:09,120
Speaker 3: There is no role for a single senator silently blocking

471
00:28:09,200 --> 00:28:11,080
Speaker 3: a hearing on a nomination.

472
00:28:13,320 --> 00:28:14,480
Speaker 1: There is no role for.

473
00:28:14,440 --> 00:28:18,240
Speaker 3: A secret hold that never has to be to be defended.

474
00:28:18,520 --> 00:28:21,240
Speaker 3: You you just put your blue slip on the clerk's

475
00:28:21,280 --> 00:28:24,880
Speaker 3: desk that says I want to hold Michael Brown's nomination.

476
00:28:26,040 --> 00:28:28,600
Speaker 3: And so Michael Brown never understands why, well, I can

477
00:28:28,640 --> 00:28:30,760
Speaker 3: go have a meeting with that senator. Let's just say

478
00:28:30,760 --> 00:28:34,439
Speaker 3: it's in current. It's contemporary. It's contemporary. You know, you

479
00:28:34,520 --> 00:28:37,480
Speaker 3: know that John Hickenlooper and Michael Bennet would put a

480
00:28:37,480 --> 00:28:42,120
Speaker 3: hold on my nomination to be dog catcher. So how

481
00:28:42,120 --> 00:28:45,000
Speaker 3: do I find out what the objection is? I already

482
00:28:45,000 --> 00:28:48,320
Speaker 3: know what the objection is. I'm a Republican, they're Democrats.

483
00:28:48,680 --> 00:28:52,240
Speaker 3: Well that the Constitution doesn't deal with that. The Constitution says,

484
00:28:52,400 --> 00:28:55,600
Speaker 3: your job is to give advice and consent. You're vetoing

485
00:28:55,800 --> 00:28:59,160
Speaker 3: a presidential nomination, and you're not giving any reason.

486
00:28:59,600 --> 00:29:02,040
Speaker 1: You're not being held accountable for your reasons.

487
00:29:02,640 --> 00:29:05,960
Speaker 3: Now, what the White House will do is, and they'll

488
00:29:05,960 --> 00:29:07,680
Speaker 3: do this anyway, but in particular in case of a

489
00:29:07,720 --> 00:29:11,360
Speaker 3: blue slip, they'll schedule meetings. All right, Brown, we want

490
00:29:11,360 --> 00:29:13,760
Speaker 3: you to go meet with Hickenlooper and Bennett. So I

491
00:29:13,800 --> 00:29:16,360
Speaker 3: go up and i'd sit down their office. What's your objection?

492
00:29:16,640 --> 00:29:18,200
Speaker 3: You know, what are your concerns?

493
00:29:18,520 --> 00:29:19,800
Speaker 1: Why do you you know? Me?

494
00:29:19,960 --> 00:29:22,840
Speaker 3: Being the what as would be that I am? Would

495
00:29:22,840 --> 00:29:25,280
Speaker 3: probably just say to them, how come you don't like me?

496
00:29:26,480 --> 00:29:30,400
Speaker 3: What's the problem? Tell me what the problem is. That's

497
00:29:30,480 --> 00:29:35,000
Speaker 3: not a way to do nominations. That is a one

498
00:29:35,080 --> 00:29:37,880
Speaker 3: man man in this case of duo Bennett and Hickenlooper

499
00:29:38,160 --> 00:29:40,240
Speaker 3: deciding that, oh, that guy's never going to get into

500
00:29:40,280 --> 00:29:43,800
Speaker 3: his position as the under secretary. That's not what the

501
00:29:43,840 --> 00:29:47,880
Speaker 3: constitution requires. The blue slip is an accretion of barnacle

502
00:29:48,480 --> 00:29:52,520
Speaker 3: on this whole of all these appointments. Now, barnacles can

503
00:29:52,520 --> 00:29:54,880
Speaker 3: be harmless, but they can also slow down the ship.

504
00:29:55,160 --> 00:29:57,240
Speaker 3: And today, what are they doing? They're slowing down the

505
00:29:57,280 --> 00:29:58,840
Speaker 3: ship in an era?

506
00:29:58,920 --> 00:29:59,280
Speaker 1: Will we go?

507
00:29:59,320 --> 00:30:04,240
Speaker 3: All these pullar politics a device, it's not in the constitution,

508
00:30:04,520 --> 00:30:08,600
Speaker 3: not a Senate rule, just a device that allows one

509
00:30:08,640 --> 00:30:13,040
Speaker 3: Senator to halt consideration of a nomination for any reason,

510
00:30:13,800 --> 00:30:21,120
Speaker 3: or even worse, for no reason, that undermines electoral accountability.

511
00:30:21,320 --> 00:30:24,480
Speaker 3: I don't care if you dislike Donald Trump. Donald Trump

512
00:30:24,520 --> 00:30:28,280
Speaker 3: got elected. He got elected with a majority of the

513
00:30:28,280 --> 00:30:31,760
Speaker 3: popular vote, a majority of the electoral college, The majority

514
00:30:31,760 --> 00:30:34,240
Speaker 3: of the voters in this company voted said we want

515
00:30:34,240 --> 00:30:37,560
Speaker 3: this guy, and with this guy comes his team. Now,

516
00:30:37,600 --> 00:30:40,640
Speaker 3: if you have a legitimate objection to somebody in particular,

517
00:30:41,000 --> 00:30:43,680
Speaker 3: then have the colonies to stand up on the Senate

518
00:30:43,720 --> 00:30:46,959
Speaker 3: floor when that nomination comes forward and try to convince

519
00:30:46,960 --> 00:30:48,880
Speaker 3: you other senators that you don't like that person.

520
00:30:50,080 --> 00:30:51,080
Speaker 1: And then voters can.

521
00:30:51,200 --> 00:30:55,200
Speaker 3: Voters can judge a president's choices, and senators votes when

522
00:30:55,240 --> 00:30:58,560
Speaker 3: they get hearings and floor action, not when they exercise.

523
00:30:59,080 --> 00:31:01,120
Speaker 1: A simple paper veto