WEBVTT - Hunter Biden Plea Deal and AI Regulation

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<v Speaker 1>This is Bloomberg Law.

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<v Speaker 2>Are plaintiff's leries involved in a kind of competition in Congress?

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<v Speaker 2>Force a judicial code on the justices?

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<v Speaker 1>Interviews with prominent attorneys in Bloomberg Legal experts.

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<v Speaker 2>My guest is former federal prosecutor Robert Mintz. Joining me

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<v Speaker 2>is Bloomberg Law reporter Kyle Janner.

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<v Speaker 1>And analysis of important legal issues, cases and headlines.

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<v Speaker 2>Is it unusual a grand jury like this to suspect

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<v Speaker 2>people aren't telling the truth? One of the first times

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<v Speaker 2>the Justice Department has called for the breakup of a

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<v Speaker 2>major company.

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<v Speaker 1>Bloomberg Law with June Grasso from Bloomberg Radio.

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<v Speaker 3>Welcome to Bloomberg Law on Bloomberg Radio. I'm Madison Mills

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<v Speaker 3>in for June Grasso. This week. Two big headlines today,

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<v Speaker 3>both for the top contenders so far in the twenty

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<v Speaker 3>twenty four election. We've got former President Trump. He has

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<v Speaker 3>a new trial date. Meanwhile, President Biden's son reaching a

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<v Speaker 3>deal on US tax crimes, just as the President himself

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<v Speaker 3>heads to San Francisco for meeting with experts in the

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<v Speaker 3>AI space. We're going to cover all of that, but

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<v Speaker 3>first let's start with the Hunter Biden news. Because the

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<v Speaker 3>President's son will plead guilty to two misdemeanor tax crimes

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<v Speaker 3>in an effort to avoid a separate gun charge. Joining

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<v Speaker 3>us to discuss the news is Zoe Tellman, Bloomberg News

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<v Speaker 3>legal reporter, and Bloomberg's Kaylee Lines on the phone with

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<v Speaker 3>us from DC. Kaylee, I want to start off with you.

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<v Speaker 3>Just walk me through what we know about this deal

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<v Speaker 3>for Hunter Biden.

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<v Speaker 4>Well, it was revealed in a filing by the district

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<v Speaker 4>attorney in Delaware earlier today that there is a deal

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<v Speaker 4>that has been struck with prosecutors. The Hunter Biden, the

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<v Speaker 4>President's son, is going to plead guilty, as you said,

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<v Speaker 4>to these two misdemeanor tax charges basically related to charges

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<v Speaker 4>that he didn't pay taxes on time, and in doing so,

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<v Speaker 4>will likely avoid prosecution on a gun related charge because

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<v Speaker 4>that is going to go to what they call a

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<v Speaker 4>diversion program. So as long as he complies with certain

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<v Speaker 4>conditions for a period of time, that will be dismissed.

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<v Speaker 4>In that charge in particular, is about lying about his

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<v Speaker 4>drug use when purchasing a handgun several years ago. So

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<v Speaker 4>that's what we know about the agreement. It seems likely

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<v Speaker 4>that he would avoid prison time under this deal. And

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<v Speaker 4>of course you aren't hearing much about the White House

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<v Speaker 4>response to it, other than a statement that was put

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<v Speaker 4>out by a spokesperson saying that the President and the

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<v Speaker 4>First Lady love their son and support him. You are

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<v Speaker 4>hearing a lot though, on the other side of the aisle,

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<v Speaker 4>with Republicans like House Speaker Kevin McCarthy calling it a

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<v Speaker 4>sweetheart deal, as has the Oversight Committee chairman in the House,

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<v Speaker 4>Congressman James Comer, talking about a sweetheart deal and saying

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<v Speaker 4>that Congress is going to continue to pursue his own

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<v Speaker 4>investigation into Hunter Biden and the Biden family's dealings.

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<v Speaker 3>And we'll talk a little bit more, Kayley, about the

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<v Speaker 3>political ramifications here, but I want to go to you, Zoe,

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<v Speaker 3>talk to me in terms of the legal context here.

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<v Speaker 3>I guess, how weird is it for defendants who enter

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<v Speaker 3>into these agreements to plead guilty. Did that seem abnormal

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<v Speaker 3>to you?

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<v Speaker 5>No?

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<v Speaker 6>I mean, if a defend and is willing to accept

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<v Speaker 6>responsibility for the crimes that they're under investigation for, the

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<v Speaker 6>government is certainly open to entering into agreements, they have

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<v Speaker 6>discretion to also you know, sign off on you know,

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<v Speaker 6>these diversion programs, especially for first time offenders. There are

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<v Speaker 6>certain types of crimes that aren't eligible, but the offense

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<v Speaker 6>that Hunter Biden has been charged with, this gun offense,

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<v Speaker 6>doesn't fall under that category. So the idea is by

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<v Speaker 6>admitting responsibility but not pleading guilty, if he can stay

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<v Speaker 6>you know, drug free, not possess any guns, you know,

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<v Speaker 6>not commit other crimes, comply with other conditions. After a

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<v Speaker 6>period of time, the government agrees it's not going to

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<v Speaker 6>prosecute that particular offense. And we've been told, although it's

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<v Speaker 6>not public yet, that the plea deal on the tax

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<v Speaker 6>crimes will include a recommendation from prosecutors of twenty four

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<v Speaker 6>months of probation, so he seems to be in a

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<v Speaker 6>situation where he will not serve any jail time. Of course,

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<v Speaker 6>it's up to the judge. Those tax crimes, although they're misdemeanors,

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<v Speaker 6>they do carry up to a year in prison, so

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<v Speaker 6>the judge could decide to not abide by that probation recommendation.

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<v Speaker 6>But they're going to give it a lot of weight. So,

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<v Speaker 6>you know, it seems like legally he is coming out

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<v Speaker 6>of this with not so much exposure, you know, publicly

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<v Speaker 6>pr wise, politically it's a different story.

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<v Speaker 3>So Kaylee, come back in here. I'm curious what's next

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<v Speaker 3>for Hunter Biden because there's also the laptop situation that

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<v Speaker 3>you mentioned earlier as well. What would be next for

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<v Speaker 3>him and what else is there for us to kind

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<v Speaker 3>of learn and figure out still that we might get

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<v Speaker 3>more information about in the coming weeks.

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<v Speaker 4>Well, of course, what's next for him in this case

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<v Speaker 4>is he's going to have to go to the federal

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<v Speaker 4>court in Delaware and actually enter this police so we

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<v Speaker 4>will have to see him appear there, and then, as

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<v Speaker 4>Zoe was alluding to, the judge is going to have

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<v Speaker 4>to make some decisions about how all of this is

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<v Speaker 4>going down. But I would say there also could potentially

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<v Speaker 4>be more coming down the pike for him. Here in Washington,

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<v Speaker 4>I mentioned Congressman James Comer, who heads up the Oversight Committee,

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<v Speaker 4>already had ongoing investigations into Hunter Biden, into the wider

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<v Speaker 4>Biden family, and he really doubled down today, committed to

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<v Speaker 4>continuing that effort despite what we're seeing come out of

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<v Speaker 4>the Justice Department today, that those efforts are going to continue.

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<v Speaker 4>So this is not to say that by inking this

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<v Speaker 4>deal with prosecutors Hunter Biden has now removed all of

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<v Speaker 4>his potential legal or investigative woes that he was facing.

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<v Speaker 4>If anything, this may just add more fuel to the

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<v Speaker 4>fire for Republicans to really double down.

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<v Speaker 3>On those efforts.

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<v Speaker 4>And this is something that his father, President Joe Biden,

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<v Speaker 4>is going to have to contend with on the campaign

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<v Speaker 4>trail you mentioned, Maddie. He's out in California trying to

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<v Speaker 4>raise money for his campaign, meeting with donors, and this

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<v Speaker 4>is definitely just a very difficult issue for him to navigate,

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<v Speaker 4>as he doesn't want to appear that he has the

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<v Speaker 4>thumb on the scale at the Justice Department in any

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<v Speaker 4>way on his side case or of course, in the

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<v Speaker 4>case the Justice Department has brought against his likely opponent

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<v Speaker 4>in the twenty twenty four general election, former President Donald Trump.

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<v Speaker 4>We have to consider that factor here as well.

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<v Speaker 3>And Kelly's sticking with you on that for a second.

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<v Speaker 3>Have we heard yet how the Biden camp is going

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<v Speaker 3>to strategize to kind of distance themselves from the Republican

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<v Speaker 3>narrative of Biden having his finger on the Justice Department.

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<v Speaker 4>Really by not commenting they will not engage in conversation

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<v Speaker 4>around this, whether you're talking about, you know, the White

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<v Speaker 4>House Press Secretary saying no comment, or the President himself

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<v Speaker 4>saying he's not going to comment on it. They are

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<v Speaker 4>really trying to stay at arm's length, likely to avoid

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<v Speaker 4>that perception that this is in the case against former

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<v Speaker 4>President Donald Trump politically motivated, or that you know, the

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<v Speaker 4>president is trying to protect his son from the workings

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<v Speaker 4>of the Justice Department. So I think really the strategy

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<v Speaker 4>is to not engage with it much at all, to

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<v Speaker 4>let the prosecutors and the Department of Justice do its work,

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<v Speaker 4>and for the president and the Biden campaign to stay

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<v Speaker 4>far away from that.

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<v Speaker 3>Yeah, definitely a very different strategy from what we continue

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<v Speaker 3>to see from former President Trump. Zoe, talk to me

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<v Speaker 3>about this trial date August fourteenth, walk me through the

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<v Speaker 3>timeline on that. Did that feel kind of speedy to you?

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<v Speaker 6>It's very speedy, and I should say not surprisingly so.

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<v Speaker 6>The South Florida District Court has been known historically as

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<v Speaker 6>a rocket docket. You know, cases that get brought there

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<v Speaker 6>move to trial fast.

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<v Speaker 7>There.

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<v Speaker 6>That said, you know, our understanding is that this order

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<v Speaker 6>is standard process for the court, but we haven't seen

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<v Speaker 6>any motions from the defense yet and we're expecting some,

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<v Speaker 6>if not, you know, quite a few from them, challenging

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<v Speaker 6>the validity of the indictment, contesting evidence that the government

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<v Speaker 6>wants to use, possible issues related to how classified information

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<v Speaker 6>gets used in a future trial, and all of these

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<v Speaker 6>are issues that are going to take weeks or months

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<v Speaker 6>to litigate. So it's unlikely that August fourteenth remains the

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<v Speaker 6>trial date, but it is certainly the judge, you know,

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<v Speaker 6>at least putting down an anchor and making clear that

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<v Speaker 6>she would like to move this along as quickly as possible.

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<v Speaker 3>And what do we know, Zoe about the jury here

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<v Speaker 3>is this This is going to be in Palm Beach

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<v Speaker 3>County now correct.

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<v Speaker 6>We're still waiting to see where the trial will take place.

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<v Speaker 6>The judge's order had said it would actually be in

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<v Speaker 6>her home district of Fort Pierce, Florida, and not in

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<v Speaker 6>West Palm Beach. There are some process quirks in that

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<v Speaker 6>district where cases that are filed in West Palm Beach

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<v Speaker 6>can actually go to judges who sit in adjacent districts. So,

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<v Speaker 6>you know, but either way, whether it's in Fort Pierce

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<v Speaker 6>or West Palm Beach, Florida, you know, is a state

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<v Speaker 6>that went for Trump in twenty twenty. You know, it

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<v Speaker 6>is a red state, and the pool of potential jurors

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<v Speaker 6>is likely going to include, you know, more people who

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<v Speaker 6>voted for Donald Trump than say, if the trial were

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<v Speaker 6>here in Washington. So you know, we don't know what

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<v Speaker 6>that pool will look like. And you know, certainly jury's

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<v Speaker 6>election is meant to screen people not necessarily have an opinion,

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<v Speaker 6>but who feel that their minds are made up and

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<v Speaker 6>they can't look at the evidence objectively, you know. And

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<v Speaker 6>that may mean that some of the former president's political

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<v Speaker 6>supporters are on the jury, but that certainly doesn't mean

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<v Speaker 6>it's a you know, stacked deck at this point either way.

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<v Speaker 3>Well, Kayleie, talk to me about the politics here. That

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<v Speaker 3>August fourteenth date comes just ahead of a pretty important

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<v Speaker 3>event when it comes to the twenty twenty four election.

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<v Speaker 3>Talk to me about that.

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<v Speaker 4>Well, it does. This trial would last for two weeks,

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<v Speaker 4>which would mean it would still be ongoing on August

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<v Speaker 4>twenty third, when the first Republican primary debate is scheduled

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<v Speaker 4>to happen in Milwaukee. Granted, former President Trump hasn't actually

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<v Speaker 4>committed to be at that debate either way, but clearly

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<v Speaker 4>that would put this front and center on the topic

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<v Speaker 4>for discussion for his opponents in the primary to really

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<v Speaker 4>attack him on potentially, So there's that consideration. Also, we

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<v Speaker 4>have to keep in mind that for months now we

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<v Speaker 4>have expected August could the month where a potential indictment

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<v Speaker 4>comes down in Georgia in Fulton County, where the district

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<v Speaker 4>attorney there is looking into president former President Trump's efforts

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<v Speaker 4>to overturn the results of the twenty twenty election in

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<v Speaker 4>that state. So August could be a very politically legally

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<v Speaker 4>briefe month for the former president. Again, assuming that this

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<v Speaker 4>trial actually happens two months from now, which Zoe was

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<v Speaker 4>just outlining, there's a very real chance that it does not.

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<v Speaker 3>Kaylee, final thirty seconds here, what's going to be your

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<v Speaker 3>big question heading into that debate? What do you think

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<v Speaker 3>is going to be like the headline the next day?

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<v Speaker 4>Well, I want to know who's going to get on

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<v Speaker 4>the stage first of all, because you need to have

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<v Speaker 4>a certain number of donations and people signed on to

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<v Speaker 4>support you. And now that we're over a dozen Republican

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<v Speaker 4>primary candidates, is the stage going to be big enough?

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<v Speaker 4>Are we going to have to have, you know, two

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<v Speaker 4>debates at once, and then of course, how do they

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<v Speaker 4>approach the Trump question, whether or not they would pardon him,

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<v Speaker 4>what they think about his actions. Those have been very

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<v Speaker 4>difficult questions for these other candidates to navigate.

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<v Speaker 3>Well, we're going to have you here with us to

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<v Speaker 3>cover all of it. Kaylee, thank you so much. That

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<v Speaker 3>was Kelly Lions and Zoe Tilman down in DC with us.

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<v Speaker 3>You're listening to Bloomberg Law. I'm Madison Mills and this

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<v Speaker 3>is Bloomberg.

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<v Speaker 1>This is Bloomberg Law with June Grasso from Bloomberg Radio.

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<v Speaker 3>I'm Madison Mills in for June Grasso, and this is

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<v Speaker 3>Bloomberg Law. The AI craze it's not just hitting markets,

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<v Speaker 3>it's also definitely been hitting Washington and President Joe Biden

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<v Speaker 3>is scheduled to meet with business leaders and experts on

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<v Speaker 3>artificial intelligence today. This is part of a broader shift

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<v Speaker 3>from his administration and a move from his administration pushing

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<v Speaker 3>for news security and privacy safeguards surrounding AI. So joining

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<v Speaker 3>us to discuss is Jackie Davilos, Bloomberg News technology reporter.

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<v Speaker 3>We've also got Courtney Rosen, our White House reporter from

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<v Speaker 3>Bloomberg Government on the line. From DC. Thank you both

0:11:54.240 --> 0:11:56.319
<v Speaker 3>so much for being here at Courtney, I want to

0:11:56.360 --> 0:11:59.120
<v Speaker 3>start with you, what do we know about this meeting

0:11:59.160 --> 0:12:01.000
<v Speaker 3>and what can we expel back to the big headlines

0:12:01.040 --> 0:12:01.640
<v Speaker 3>to come out of it?

0:12:01.679 --> 0:12:06.000
<v Speaker 8>To be President Biden is in California this week otherwise

0:12:06.080 --> 0:12:08.720
<v Speaker 8>for political fundraisers, but on the way he's having a

0:12:08.720 --> 0:12:12.439
<v Speaker 8>meeting today with AI experts and leaders. And what's a

0:12:12.480 --> 0:12:15.439
<v Speaker 8>little different about this meeting compared to others he's done

0:12:15.480 --> 0:12:18.320
<v Speaker 8>in the past is today he's talking to researchers, he's

0:12:18.360 --> 0:12:21.560
<v Speaker 8>talking to advocates. In the past, he's met with tech

0:12:21.600 --> 0:12:25.360
<v Speaker 8>industry CEOs, so he's definitely getting a different perspective here

0:12:25.720 --> 0:12:28.160
<v Speaker 8>on his trip to California that he got from a

0:12:28.160 --> 0:12:30.680
<v Speaker 8>meeting at the White House several weeks ago on the topic.

0:12:31.480 --> 0:12:34.440
<v Speaker 8>His Chief of Staff, Jeff Zience, is leading the White

0:12:34.480 --> 0:12:37.880
<v Speaker 8>House's effort to respond to AI. And I would note

0:12:37.880 --> 0:12:41.120
<v Speaker 8>that mister Science was on the board of META right

0:12:41.120 --> 0:12:45.080
<v Speaker 8>before President Biden took office, so he definitely has experience

0:12:45.120 --> 0:12:46.000
<v Speaker 8>in the tech sector.

0:12:46.440 --> 0:12:48.440
<v Speaker 3>Corney, I want to go back to you, because you're

0:12:48.520 --> 0:12:51.960
<v Speaker 3>obviously in DC, you cover the White House. Do you

0:12:52.000 --> 0:12:55.040
<v Speaker 3>get a sense that this has always been a priority

0:12:55.120 --> 0:12:57.520
<v Speaker 3>for the Biden administration or is this kind of a

0:12:57.559 --> 0:12:59.679
<v Speaker 3>newer move for them to look into AI.

0:13:00.360 --> 0:13:03.280
<v Speaker 8>It's definitely new. I didn't hear them up until a

0:13:03.280 --> 0:13:06.520
<v Speaker 8>couple months ago talking about AI and press briefings or

0:13:06.559 --> 0:13:10.120
<v Speaker 8>in speeches. When it really became a topic was when

0:13:10.240 --> 0:13:14.119
<v Speaker 8>chat GPT became public where people could test it out,

0:13:14.240 --> 0:13:17.600
<v Speaker 8>and Congress started talking about it, the White House started

0:13:17.640 --> 0:13:19.920
<v Speaker 8>talking about it, and that's when we really started to

0:13:19.960 --> 0:13:22.320
<v Speaker 8>see Washington zone in on AI.

0:13:23.720 --> 0:13:26.360
<v Speaker 3>Yeah, that makes a lot of sense. I wonder too,

0:13:27.080 --> 0:13:30.160
<v Speaker 3>what you think the regulators in Washington might be missing

0:13:30.200 --> 0:13:34.280
<v Speaker 3>when it comes to AI, because there is always that

0:13:34.360 --> 0:13:38.560
<v Speaker 3>kind of criticism that Washington doesn't necessarily keep up with

0:13:38.600 --> 0:13:41.240
<v Speaker 3>all of the technology booms that we experience. Do you

0:13:41.280 --> 0:13:43.280
<v Speaker 3>get a sense that that story is going to be

0:13:43.320 --> 0:13:44.840
<v Speaker 3>a little bit different when it comes to AI.

0:13:45.760 --> 0:13:48.880
<v Speaker 8>Senator Schumer, who's the Senate majority leader, is definitely trying

0:13:48.920 --> 0:13:52.079
<v Speaker 8>to create a different story here. He's scheduled tomorrow to

0:13:52.200 --> 0:13:55.800
<v Speaker 8>release his proposal on how to regulate AI, and today

0:13:55.880 --> 0:13:58.280
<v Speaker 8>he's having a meeting with senators to talk about what

0:13:58.320 --> 0:14:01.480
<v Speaker 8>the technology is, how it works, so they're educated on

0:14:01.679 --> 0:14:03.360
<v Speaker 8>what it is they're going to be writing a law

0:14:03.480 --> 0:14:06.199
<v Speaker 8>about or writing a bill about I should say, and.

0:14:06.160 --> 0:14:08.079
<v Speaker 3>I imagine a lot of the big tech players are

0:14:08.080 --> 0:14:10.880
<v Speaker 3>going to be key in that conversation. Jackie, I want

0:14:10.880 --> 0:14:12.760
<v Speaker 3>to come back to you. You were talking to me

0:14:12.840 --> 0:14:15.560
<v Speaker 3>earlier about how the big tech players and those big

0:14:15.640 --> 0:14:18.760
<v Speaker 3>names are also the big names that we're seeing push

0:14:18.840 --> 0:14:20.680
<v Speaker 3>into AI. Can you tell me a little more about that.

0:14:21.040 --> 0:14:25.600
<v Speaker 5>Absolutely, and you know, related to the wave of movement

0:14:25.680 --> 0:14:29.040
<v Speaker 5>coming from Capitol Hill, these big players have a lot

0:14:29.080 --> 0:14:32.800
<v Speaker 5>to do with the conversation that lawmakers are ultimately going

0:14:32.840 --> 0:14:35.280
<v Speaker 5>to push forward when it comes to raining in some

0:14:35.360 --> 0:14:40.080
<v Speaker 5>of this technology. We had spoken with representative from Virginia

0:14:40.160 --> 0:14:43.440
<v Speaker 5>Don Bayer for our show, and there was a lot

0:14:43.440 --> 0:14:47.520
<v Speaker 5>of excitement about the technology, but also an acknowledgment that

0:14:47.640 --> 0:14:50.960
<v Speaker 5>lawmakers don't really know where to begin. Today was interesting

0:14:51.000 --> 0:14:54.080
<v Speaker 5>and that the first bipart is a bill aimed at,

0:14:54.240 --> 0:14:56.960
<v Speaker 5>you know, creating some kind of guardrails around AI, was

0:14:57.000 --> 0:15:00.240
<v Speaker 5>released today and what it was pretty telling and that

0:15:00.360 --> 0:15:02.720
<v Speaker 5>you know, it wasn't that meaty when it came to

0:15:02.800 --> 0:15:07.120
<v Speaker 5>the specifics on how to create some guardrails. That's quite

0:15:07.520 --> 0:15:10.040
<v Speaker 5>a bit of a contrast when you think about how

0:15:10.080 --> 0:15:14.720
<v Speaker 5>far the European Union is in starting to enact pretty

0:15:14.760 --> 0:15:19.520
<v Speaker 5>specific rules when it comes to reigning in AI, some

0:15:19.600 --> 0:15:24.040
<v Speaker 5>of that being you know, banning facial recognition software for example,

0:15:24.160 --> 0:15:28.760
<v Speaker 5>something that wasn't explicitly called out in the bipartisan bill

0:15:29.360 --> 0:15:32.160
<v Speaker 5>proposed today. So just some differences there and just how

0:15:33.000 --> 0:15:37.880
<v Speaker 5>far ahead one region is from another. But here especially,

0:15:38.320 --> 0:15:40.280
<v Speaker 5>you know, the big tech players are going to have

0:15:40.320 --> 0:15:43.400
<v Speaker 5>a big say given lotmakers need some of that guidance.

0:15:43.960 --> 0:15:46.520
<v Speaker 3>Well, Jack, you asked such a great question to one

0:15:46.560 --> 0:15:48.920
<v Speaker 3>of your guests on the show. You were like, what

0:15:49.040 --> 0:15:53.320
<v Speaker 3>are the conversations at dinners in San Francisco about AI?

0:15:54.000 --> 0:15:56.400
<v Speaker 3>Talk to me about the answer you got on that.

0:15:56.920 --> 0:16:00.680
<v Speaker 5>Yeah, you know, there's a lot of excitement, but when

0:16:00.680 --> 0:16:04.720
<v Speaker 5>it comes to the dinner table of these venture capitalists

0:16:04.800 --> 0:16:07.600
<v Speaker 5>and the kinds of things that excite them, it's not

0:16:07.800 --> 0:16:13.440
<v Speaker 5>always you know, rooted in reality. Let's put it nicely.

0:16:14.440 --> 0:16:18.600
<v Speaker 5>There is just so much potential and a lot of optimism.

0:16:18.800 --> 0:16:23.320
<v Speaker 5>That's really I think the vibe that Silicon Valley always

0:16:23.400 --> 0:16:27.000
<v Speaker 5>has when introducing something new to the mainstream. But it

0:16:27.080 --> 0:16:30.200
<v Speaker 5>was interesting because for the first time I think in

0:16:30.280 --> 0:16:34.520
<v Speaker 5>a while, social media, for example, you know, the lawmakers

0:16:34.640 --> 0:16:38.200
<v Speaker 5>and companies industry, we're never really on the same page

0:16:38.240 --> 0:16:41.200
<v Speaker 5>when it comes to artificial intelligence. You're really seeing more

0:16:41.240 --> 0:16:45.360
<v Speaker 5>of a common tenor with the acknowledgment that, look, we

0:16:45.440 --> 0:16:48.720
<v Speaker 5>have something really exciting on our hands, but also, hey,

0:16:49.160 --> 0:16:53.600
<v Speaker 5>this also has so much more to go. But we

0:16:53.640 --> 0:16:56.480
<v Speaker 5>really need to start putting in the rules now much

0:16:56.520 --> 0:16:59.600
<v Speaker 5>more proactive, let's learn from our mistakes, and just hearing

0:16:59.680 --> 0:17:03.240
<v Speaker 5>that tone coming from both sides, I think is a

0:17:03.280 --> 0:17:04.960
<v Speaker 5>new shift for technology.

0:17:05.359 --> 0:17:08.760
<v Speaker 3>So Courtney, come back in here. I'm curious where things

0:17:08.800 --> 0:17:14.520
<v Speaker 3>stand when it comes to AI regulation from the congressional perspective. Here,

0:17:14.920 --> 0:17:17.520
<v Speaker 3>I guess what inning would you say that we're in.

0:17:17.640 --> 0:17:20.000
<v Speaker 3>Are we in the first inning of that regulation? Are

0:17:20.000 --> 0:17:21.240
<v Speaker 3>we down in the seventh?

0:17:21.320 --> 0:17:25.240
<v Speaker 8>Where are we at sports metaphors? Congress loves that. I

0:17:25.359 --> 0:17:28.200
<v Speaker 8>definitely say we're still toward the beginning of the game.

0:17:28.240 --> 0:17:32.000
<v Speaker 8>They beginning too. When open ais CEO was here a

0:17:32.040 --> 0:17:35.639
<v Speaker 8>couple of weeks ago talking about chat DBT, that was

0:17:35.680 --> 0:17:38.879
<v Speaker 8>definitely the beginning of Congress getting interested in this topic.

0:17:39.560 --> 0:17:41.119
<v Speaker 8>We saw a lot of headlines, we saw a lot

0:17:41.160 --> 0:17:44.000
<v Speaker 8>of questions come out of members, and now we're starting

0:17:44.040 --> 0:17:46.040
<v Speaker 8>to see them actually get to the work of drafting

0:17:46.040 --> 0:17:48.399
<v Speaker 8>a bill, and like Jackie was just saying, we're not

0:17:48.440 --> 0:17:50.800
<v Speaker 8>really sure what that'll look like. And it's the bill

0:17:50.920 --> 0:17:52.800
<v Speaker 8>so far that has been out is not very meaty,

0:17:53.080 --> 0:17:56.040
<v Speaker 8>so we'll see how that goes for sure. But Congress

0:17:56.040 --> 0:17:57.359
<v Speaker 8>does love a sports analogy.

0:17:58.240 --> 0:18:01.520
<v Speaker 3>They love a sports analogy, that is for sure. Jackie,

0:18:01.640 --> 0:18:04.280
<v Speaker 3>talk to me about what your sources are saying when

0:18:04.320 --> 0:18:07.960
<v Speaker 3>it comes to financing and how regulation might impact that.

0:18:08.160 --> 0:18:11.080
<v Speaker 3>Are you hearing anyone say, you know, I'm so worried

0:18:11.080 --> 0:18:14.159
<v Speaker 3>about the DC regulation story that I'm gonna hold my

0:18:14.200 --> 0:18:16.640
<v Speaker 3>money for a little while and wait and see.

0:18:17.200 --> 0:18:22.240
<v Speaker 5>Not so much. I think that, you know, the biggest players, Google, Microsoft,

0:18:23.119 --> 0:18:26.800
<v Speaker 5>the chip makers, the cloud providers, they've all done a

0:18:26.840 --> 0:18:30.680
<v Speaker 5>really good job at being proactive in engaging Capitol Hill

0:18:30.760 --> 0:18:34.960
<v Speaker 5>and getting a sense of, you know, what is the sentiment,

0:18:35.440 --> 0:18:39.120
<v Speaker 5>how can we shift that? And not in any nefarious way,

0:18:39.160 --> 0:18:42.480
<v Speaker 5>but in a much more proactive manner in working with lawmakers.

0:18:42.480 --> 0:18:46.120
<v Speaker 5>So everyone's somewhat on a similar page when it comes

0:18:46.280 --> 0:18:48.639
<v Speaker 5>But when it comes to you know, the more nimble

0:18:48.760 --> 0:18:53.200
<v Speaker 5>startups that don't have this like lobbying, funding and power

0:18:53.280 --> 0:19:00.119
<v Speaker 5>and political capital in Washington, they do rely a lot

0:19:00.160 --> 0:19:04.040
<v Speaker 5>on their you know, their biggest backers, whether it's the

0:19:04.160 --> 0:19:08.960
<v Speaker 5>big vcs or you know some of these companies Microsoft, like,

0:19:09.040 --> 0:19:11.760
<v Speaker 5>you know, they're backing Opening Opening, I obviously taking their

0:19:11.760 --> 0:19:15.080
<v Speaker 5>own presence on Capitol Hill, but there's many other AI

0:19:15.160 --> 0:19:17.320
<v Speaker 5>startups out there that have to rely on the vcs

0:19:17.359 --> 0:19:20.280
<v Speaker 5>and the companies to kind of push the conversation forward

0:19:20.359 --> 0:19:22.679
<v Speaker 5>for the industry on that front.

0:19:23.280 --> 0:19:26.320
<v Speaker 3>Yeah, Courtney, final thirty seconds here, what is the next

0:19:26.359 --> 0:19:28.920
<v Speaker 3>big thing when it comes to AI regulation? What should

0:19:28.920 --> 0:19:29.520
<v Speaker 3>we be looking.

0:19:29.359 --> 0:19:33.560
<v Speaker 8>Out for this summer? The White House Budget Office is

0:19:33.560 --> 0:19:36.880
<v Speaker 8>set to set standards on how AI will be used

0:19:36.880 --> 0:19:41.160
<v Speaker 8>in government. And we know that thousands, hundreds of thousands,

0:19:41.200 --> 0:19:43.680
<v Speaker 8>millions of people interact with the US government every year,

0:19:44.040 --> 0:19:47.879
<v Speaker 8>and how the US integrates AI into that experience is

0:19:47.920 --> 0:19:51.080
<v Speaker 8>going to be really telling about how the Biden administration,

0:19:51.200 --> 0:19:53.880
<v Speaker 8>how government sees AIM moving forward. So I would definitely

0:19:53.880 --> 0:19:54.439
<v Speaker 8>be watching that.

0:19:54.760 --> 0:19:56.840
<v Speaker 3>All right, Really good to know. Thank you so much,

0:19:56.920 --> 0:19:59.639
<v Speaker 3>Courtney Rosen, White House reporter for Bloomberg Government. And we

0:19:59.720 --> 0:20:03.879
<v Speaker 3>also Jackie Davilos, our Bloomberg News technology reporter. You're listening

0:20:03.920 --> 0:20:06.159
<v Speaker 3>to Bloomberg Law coming up on the show, How the

0:20:06.400 --> 0:20:09.560
<v Speaker 3>Justice Department is looking at bank mergers in a new way.

0:20:09.880 --> 0:20:12.480
<v Speaker 3>I'm Madison Mills. I'm in for June Grasso, and this

0:20:12.880 --> 0:20:13.520
<v Speaker 3>is Bloomberg.

0:20:21.920 --> 0:20:26.720
<v Speaker 1>This is Bloomberg Law with June Grasso from Bloomberg Radio.

0:20:29.040 --> 0:20:32.760
<v Speaker 3>I'm Madison Mills in for June Grasso this week. Remember

0:20:32.840 --> 0:20:35.520
<v Speaker 3>those four banks they failed a few months ago. Some

0:20:35.640 --> 0:20:38.400
<v Speaker 3>called it a banking crisis, others called a turmoil. There

0:20:38.440 --> 0:20:40.680
<v Speaker 3>is a lot of turmoil over how to describe it,

0:20:41.040 --> 0:20:43.600
<v Speaker 3>but either way, it led to some big questions at

0:20:43.600 --> 0:20:47.880
<v Speaker 3>the Justice Department, with officials now weighing a revamp over

0:20:47.960 --> 0:20:51.720
<v Speaker 3>how they scrutinize bank mergers. So joining us to discuss

0:20:51.800 --> 0:20:54.800
<v Speaker 3>is Leah Nylan and Bloomberg News Andy Trust, reporter down

0:20:54.840 --> 0:20:57.560
<v Speaker 3>in DC for us. Leah, thanks so much for being here.

0:20:58.640 --> 0:21:00.439
<v Speaker 3>What's up with the DJ here? So what's up with

0:21:00.440 --> 0:21:03.280
<v Speaker 3>the Justice Department? What are they saying about what the

0:21:03.320 --> 0:21:04.879
<v Speaker 3>new regulation could look like?

0:21:05.520 --> 0:21:08.439
<v Speaker 9>Yeah, So the Justice Department has a dual role with

0:21:08.520 --> 0:21:14.080
<v Speaker 9>banking authorities to review any bank mergers, and they look

0:21:14.080 --> 0:21:16.000
<v Speaker 9>at them just like they would any other deal, to

0:21:16.080 --> 0:21:18.560
<v Speaker 9>sort of see how the merger of a bank would

0:21:18.560 --> 0:21:21.520
<v Speaker 9>impact folks. But for the past thirty years, since about

0:21:21.600 --> 0:21:24.320
<v Speaker 9>nineteen ninety five, they've sort of limited the way that

0:21:24.359 --> 0:21:27.520
<v Speaker 9>they look at them to very specific things, focused on

0:21:27.600 --> 0:21:31.760
<v Speaker 9>how it would impact the concentration of deposits in specific areas.

0:21:32.320 --> 0:21:35.159
<v Speaker 9>And at a speech this morning, the head of the

0:21:35.160 --> 0:21:39.000
<v Speaker 9>Anti Trust Division, that's Assistant Attorney General for antitrust, Jonathan Kanter,

0:21:39.480 --> 0:21:42.399
<v Speaker 9>said that that approach is really too narrow. You know,

0:21:42.480 --> 0:21:47.480
<v Speaker 9>the banking economy. It's sorry. The banking industry is really

0:21:47.600 --> 0:21:49.760
<v Speaker 9>very different today than it was in nineteen ninety five,

0:21:49.840 --> 0:21:51.360
<v Speaker 9>and they need to be looking at a lot more

0:21:51.400 --> 0:21:55.280
<v Speaker 9>factors when they examine bank mergers. So they want to

0:21:55.280 --> 0:21:58.240
<v Speaker 9>look at things like, how does this bank merger impact

0:21:58.280 --> 0:22:00.679
<v Speaker 9>the sort of fees that consumers might end up paying,

0:22:01.119 --> 0:22:04.439
<v Speaker 9>how does it impact small business lending? All sorts of

0:22:04.440 --> 0:22:07.040
<v Speaker 9>things that really before they weren't actually paying that much

0:22:07.040 --> 0:22:07.560
<v Speaker 9>attention to.

0:22:08.480 --> 0:22:13.000
<v Speaker 3>So talk to me about what triggered this. Is it

0:22:13.040 --> 0:22:17.119
<v Speaker 3>the case that these most recent banking issues made the

0:22:17.240 --> 0:22:19.600
<v Speaker 3>Justice Department raise their eyebrows a little bit more, move

0:22:19.600 --> 0:22:21.600
<v Speaker 3>a little more quickly, or was this already kind of

0:22:21.600 --> 0:22:22.119
<v Speaker 3>in the works.

0:22:22.440 --> 0:22:26.080
<v Speaker 9>So the Justice Department actually started looking at doing a

0:22:26.119 --> 0:22:28.679
<v Speaker 9>revamp to the bank merger guidelines back in twenty twenty,

0:22:29.520 --> 0:22:33.680
<v Speaker 9>and then President Biden put in place this Executive Order

0:22:33.680 --> 0:22:36.639
<v Speaker 9>on Competition his first summer. This was around July of

0:22:36.680 --> 0:22:39.280
<v Speaker 9>twenty twenty one. That really encouraged a lot of the

0:22:39.480 --> 0:22:43.719
<v Speaker 9>agencies here in the federal government to consider how various

0:22:43.760 --> 0:22:46.440
<v Speaker 9>rules and regulations they had on the books impact competition.

0:22:46.640 --> 0:22:49.439
<v Speaker 9>So the Justice Department sort of used that to prod

0:22:49.480 --> 0:22:52.320
<v Speaker 9>some of the other banking agencies like the Federal Reserve,

0:22:53.000 --> 0:22:56.480
<v Speaker 9>the Federal Deposit Insurance Corporation, the one that helps with

0:22:56.520 --> 0:22:58.919
<v Speaker 9>failed banks, and the Office of the Control of the

0:22:58.920 --> 0:23:03.560
<v Speaker 9>Currency and other banking regulator who has oversight over bank

0:23:03.640 --> 0:23:07.360
<v Speaker 9>mergers to really sort of rethink the way that they

0:23:07.480 --> 0:23:10.200
<v Speaker 9>do bank mergers, and some of that, you know, has

0:23:11.040 --> 0:23:14.159
<v Speaker 9>had some impact here in DC. You know, one of

0:23:14.200 --> 0:23:16.640
<v Speaker 9>the things that the FED found when they were reviewing

0:23:16.720 --> 0:23:22.080
<v Speaker 9>the failure of Silicon Valley Bank was that they had

0:23:22.160 --> 0:23:25.640
<v Speaker 9>sort of waved through this merger in twenty twenty one

0:23:26.119 --> 0:23:29.399
<v Speaker 9>with another bank called Boston Private Financial Holdings. It was

0:23:29.440 --> 0:23:32.320
<v Speaker 9>actually a pretty big merger. It gave SVB another nine

0:23:32.400 --> 0:23:36.240
<v Speaker 9>hundred million dollars, and they said, Okay, we think that

0:23:36.320 --> 0:23:38.359
<v Speaker 9>this is fine. It's not going to impact the safety

0:23:38.400 --> 0:23:41.760
<v Speaker 9>of stability of the financial system. But they didn't actually

0:23:41.800 --> 0:23:45.200
<v Speaker 9>like check whether SBB had plans in place for how

0:23:45.200 --> 0:23:48.040
<v Speaker 9>it was going to like deal with becoming a much

0:23:48.119 --> 0:23:51.080
<v Speaker 9>larger bank. And they never actually checked with the people

0:23:51.240 --> 0:23:53.520
<v Speaker 9>at the FED whose job as bank supervision to make

0:23:53.520 --> 0:23:55.760
<v Speaker 9>sure that they had a plan for how they were

0:23:55.800 --> 0:23:59.080
<v Speaker 9>going to improve their supervision of this much larger bank.

0:23:59.600 --> 0:24:02.120
<v Speaker 9>So there has been a little bit of I guess,

0:24:02.119 --> 0:24:04.879
<v Speaker 9>second guessing whether maybe some of these mergers that they

0:24:04.920 --> 0:24:10.240
<v Speaker 9>approved recently they weren't really weren't ready for the big leagues,

0:24:10.680 --> 0:24:14.720
<v Speaker 9>and maybe the FAD wasn't really ready to actively supervise

0:24:14.800 --> 0:24:15.919
<v Speaker 9>them now that they're larger.

0:24:16.119 --> 0:24:18.159
<v Speaker 3>Right, sounds like they got to the end there and

0:24:18.200 --> 0:24:20.639
<v Speaker 3>then just had a couple of a couple of question

0:24:20.680 --> 0:24:25.040
<v Speaker 3>marks they were okay with leaving open. So so talk

0:24:25.119 --> 0:24:28.040
<v Speaker 3>to me, then, Leah, about what this means for the

0:24:28.119 --> 0:24:30.760
<v Speaker 3>regional banks. Like when we talk about an SVB, obviously

0:24:30.800 --> 0:24:37.159
<v Speaker 3>that's a bigger player. Here is the Justice Department concerned about,

0:24:37.560 --> 0:24:40.600
<v Speaker 3>you know, a merger or a partnership of a smaller

0:24:40.640 --> 0:24:42.439
<v Speaker 3>regional banks as well, or is it more about the

0:24:42.440 --> 0:24:44.600
<v Speaker 3>big guys chomping up the little er guys.

0:24:44.720 --> 0:24:47.080
<v Speaker 9>They were really emphasizing at the speech this morning that

0:24:47.119 --> 0:24:49.639
<v Speaker 9>they're not trying to prejudge any of the mergers. You know,

0:24:49.760 --> 0:24:52.840
<v Speaker 9>all merger investigations are very fact specific. They look at

0:24:52.880 --> 0:24:56.399
<v Speaker 9>how you know, it's going to impact the specific geographic

0:24:56.440 --> 0:25:01.000
<v Speaker 9>area and also you know, customers. But they did say,

0:25:01.040 --> 0:25:05.320
<v Speaker 9>you know, like big banks, obviously it's it's much more

0:25:05.320 --> 0:25:07.719
<v Speaker 9>of a problem for them, you know, to get bigger.

0:25:07.760 --> 0:25:09.679
<v Speaker 9>And they said that they are very cognizant of the

0:25:09.680 --> 0:25:12.199
<v Speaker 9>fact that we do now have a certain segment of

0:25:12.200 --> 0:25:13.840
<v Speaker 9>banks that are a little bit too big to fail.

0:25:13.920 --> 0:25:17.240
<v Speaker 9>That's a quote market reality that they can't just ignore.

0:25:17.680 --> 0:25:19.639
<v Speaker 9>But they also said that one of the things that

0:25:19.680 --> 0:25:23.640
<v Speaker 9>they were hoping this bank merger revamp might do is actually,

0:25:23.840 --> 0:25:26.040
<v Speaker 9>you know, maybe make it easier for the smaller guys.

0:25:26.359 --> 0:25:29.520
<v Speaker 9>You know, the focus on local deposit concentrations, which is

0:25:29.520 --> 0:25:32.720
<v Speaker 9>which is what they have been looking at since nineteen

0:25:32.800 --> 0:25:36.320
<v Speaker 9>ninety five, really does make it so that if you know,

0:25:36.480 --> 0:25:39.359
<v Speaker 9>a small bank in one area tries to merge with

0:25:39.400 --> 0:25:41.920
<v Speaker 9>another small bank, you know, it puts a lot of

0:25:41.960 --> 0:25:45.200
<v Speaker 9>focus on that because you know, of this the geographic

0:25:45.280 --> 0:25:48.000
<v Speaker 9>nature of it. So maybe maybe these small bank mergers

0:25:48.000 --> 0:25:49.800
<v Speaker 9>aren't that big a deal, and they need to be

0:25:49.840 --> 0:25:52.680
<v Speaker 9>considering some other factors, Like you know, people might not

0:25:52.960 --> 0:25:56.320
<v Speaker 9>always care as much now today about whether they have

0:25:56.400 --> 0:25:58.639
<v Speaker 9>a local branch, given that you can use the internet

0:25:58.680 --> 0:25:59.000
<v Speaker 9>to do.

0:25:58.920 --> 0:26:01.800
<v Speaker 3>A lot of your banking right right. And I wonder too,

0:26:01.840 --> 0:26:05.040
<v Speaker 3>when you talk about those smaller regional banks, to what

0:26:05.160 --> 0:26:10.359
<v Speaker 3>extent is the kind of layover impact of the Trump

0:26:10.400 --> 0:26:16.080
<v Speaker 3>administration's rollbag of some of that regulation leading to some

0:26:16.119 --> 0:26:18.560
<v Speaker 3>more partnership between these smaller banks. How big of a

0:26:18.600 --> 0:26:19.600
<v Speaker 3>factor is that.

0:26:19.600 --> 0:26:23.880
<v Speaker 9>That's definitely a big factor they you know, when they

0:26:24.000 --> 0:26:26.080
<v Speaker 9>rolled back some of those things, that made it easier

0:26:26.119 --> 0:26:30.080
<v Speaker 9>for these smaller banks to get together because it the

0:26:30.119 --> 0:26:33.720
<v Speaker 9>threshold for which they had greater supervision was higher. So

0:26:34.080 --> 0:26:37.399
<v Speaker 9>you could maybe get together with another small bank because

0:26:37.400 --> 0:26:39.800
<v Speaker 9>that's not going to push you over the limit. You

0:26:39.920 --> 0:26:41.639
<v Speaker 9>might not, you know, want to get together with a

0:26:41.640 --> 0:26:45.440
<v Speaker 9>medium sized bank, because I would. But so that really

0:26:45.440 --> 0:26:48.160
<v Speaker 9>did lead to a lot of mergers twenty twenty one.

0:26:48.280 --> 0:26:51.360
<v Speaker 9>I think I had a statistic in my story about

0:26:51.400 --> 0:26:53.359
<v Speaker 9>how twenty twenty one was like the biggest year on

0:26:53.440 --> 0:26:56.200
<v Speaker 9>record for bank mergers and something like a couple decades

0:26:56.840 --> 0:27:00.280
<v Speaker 9>in part because of this rollback on some of the

0:27:00.280 --> 0:27:04.960
<v Speaker 9>Dodd Frank regulations, and they're sort of expecting a lot

0:27:05.000 --> 0:27:07.240
<v Speaker 9>more bank mergers to come later this year. You know,

0:27:07.440 --> 0:27:10.119
<v Speaker 9>earlier this year it was really slow, in part because

0:27:10.480 --> 0:27:12.840
<v Speaker 9>of the banking crisis. But then there were a lot

0:27:12.880 --> 0:27:17.480
<v Speaker 9>of bank mergers announced in April, the month after sort

0:27:17.520 --> 0:27:21.879
<v Speaker 9>of a lot of the rockiness that had already it

0:27:21.960 --> 0:27:25.800
<v Speaker 9>started to shake out, So, you know, they there is

0:27:25.880 --> 0:27:28.240
<v Speaker 9>still a lot of prediction that some of these smaller

0:27:28.280 --> 0:27:32.679
<v Speaker 9>banks might want to merge, in part also because there

0:27:32.720 --> 0:27:36.560
<v Speaker 9>are a lot of modernization efforts underway at banks. You know,

0:27:36.640 --> 0:27:39.360
<v Speaker 9>like maybe you don't have that great a web app

0:27:39.400 --> 0:27:40.840
<v Speaker 9>and you sort of want to get one now that

0:27:40.880 --> 0:27:43.160
<v Speaker 9>a lot of people are doing like more online banking.

0:27:43.560 --> 0:27:46.760
<v Speaker 3>It's so interesting because as I've been filling in for June,

0:27:46.800 --> 0:27:50.000
<v Speaker 3>I've been talking with Jenry a lot about how hard

0:27:50.040 --> 0:27:53.680
<v Speaker 3>it's been for companies to deal with and get mergers

0:27:53.720 --> 0:27:56.560
<v Speaker 3>and acquisitions through with the current Justice Department. But it

0:27:56.640 --> 0:27:59.680
<v Speaker 3>sounds like the opposite could be used to describe the

0:27:59.720 --> 0:28:01.520
<v Speaker 3>situation for banks more recently.

0:28:02.080 --> 0:28:05.720
<v Speaker 9>That's probably true. Actually, for a really long time, bank

0:28:05.760 --> 0:28:09.919
<v Speaker 9>mergers have sort of been waved through, and there was

0:28:10.040 --> 0:28:13.439
<v Speaker 9>one big banking deal earlier this year that collapsed. This

0:28:13.680 --> 0:28:19.520
<v Speaker 9>was the TD Bank First Horizon deal, and that one

0:28:19.920 --> 0:28:23.280
<v Speaker 9>they ended up calling off. Because the regulatory review was

0:28:23.320 --> 0:28:25.040
<v Speaker 9>just sort of going on for a very long time,

0:28:25.080 --> 0:28:29.480
<v Speaker 9>they didn't have much clarity about when it would end.

0:28:29.520 --> 0:28:33.919
<v Speaker 9>But one thing you know that they were really emphasizing

0:28:33.920 --> 0:28:36.520
<v Speaker 9>this morning is that you know, they are going to

0:28:36.560 --> 0:28:39.640
<v Speaker 9>try and get through, you know, the regulatory review as

0:28:39.760 --> 0:28:43.560
<v Speaker 9>quickly as possible, and you know, if there are problems,

0:28:43.600 --> 0:28:46.800
<v Speaker 9>they'll they'll make that clear. They have this thing the

0:28:46.920 --> 0:28:49.800
<v Speaker 9>Justice Department does called a Competitive Factors Report, in which

0:28:49.840 --> 0:28:52.200
<v Speaker 9>they will go through all of the ways in which

0:28:52.240 --> 0:28:54.880
<v Speaker 9>the two companies that are proposing to merge in this case,

0:28:54.920 --> 0:28:59.000
<v Speaker 9>banks compete, and you know, it'll make it clear, you know,

0:28:59.160 --> 0:29:03.000
<v Speaker 9>to the regular whether there is you know, a proposal

0:29:03.640 --> 0:29:05.719
<v Speaker 9>that might allow this to go through, or whether they

0:29:05.720 --> 0:29:08.320
<v Speaker 9>think it's something that should be blocked. But the Justice

0:29:08.320 --> 0:29:10.360
<v Speaker 9>Department did say, you know, they do have an independent

0:29:10.400 --> 0:29:14.480
<v Speaker 9>authority to block deals. The speech actually happened on the

0:29:14.960 --> 0:29:19.720
<v Speaker 9>sixtieth anniversary of this very famous bank merger case Philadelphia

0:29:19.760 --> 0:29:23.600
<v Speaker 9>National Bank, that really established that the Anti Trust Division

0:29:23.600 --> 0:29:25.840
<v Speaker 9>at the Justice Department has the authority to please bank

0:29:25.880 --> 0:29:29.520
<v Speaker 9>mergers just as the banking authorities do really interesting.

0:29:29.600 --> 0:29:32.120
<v Speaker 3>Leah, thank you so much for coming on to talk

0:29:32.160 --> 0:29:34.520
<v Speaker 3>with us about this, and also for your reporting. That

0:29:34.600 --> 0:29:37.320
<v Speaker 3>was Leah Nylan, Bloomberg News anti trust reporter. You can

0:29:37.320 --> 0:29:40.280
<v Speaker 3>find Leah's story along with along with her colleague Katanga

0:29:40.360 --> 0:29:43.200
<v Speaker 3>Johnson on the Terminal and on Bloomberg dot Com on

0:29:43.320 --> 0:29:47.719
<v Speaker 3>bank mergers facing fresh anti trust heat at the Justice Department.

0:29:48.160 --> 0:29:50.440
<v Speaker 3>You're listening to Bloomberg Law coming up on the show.

0:29:50.600 --> 0:29:53.480
<v Speaker 3>It's Pride month and the Supreme Court may decide on

0:29:53.520 --> 0:29:56.400
<v Speaker 3>a case this month that could have big implications for

0:29:56.480 --> 0:30:00.560
<v Speaker 3>the LGBTQ community. We're going to discuss that next. I'm

0:30:00.600 --> 0:30:04.280
<v Speaker 3>Madison Mills in for June Grasso, and this is Bloomberg.

0:30:22.960 --> 0:30:27.760
<v Speaker 1>This is Bloomberg Law with June Grasso from Bloomberg Radio.

0:30:29.320 --> 0:30:31.960
<v Speaker 3>This is Bloomberg Law. I'm Madison Mills in for June

0:30:32.040 --> 0:30:35.360
<v Speaker 3>Grasso this week and this is Pride month, and this

0:30:35.440 --> 0:30:37.520
<v Speaker 3>Pride Month of the US Supreme Court is set to

0:30:37.600 --> 0:30:40.760
<v Speaker 3>decide on a First Amendment case that could have huge

0:30:40.840 --> 0:30:45.040
<v Speaker 3>implications for the LGBTQ plus community. So joining us to

0:30:45.160 --> 0:30:48.840
<v Speaker 3>discuss that case is Greg Store, our Supreme Court reporter

0:30:49.000 --> 0:30:51.880
<v Speaker 3>and expert down in DC for us. Greg, thanks so

0:30:51.960 --> 0:30:54.600
<v Speaker 3>much for hopping on the phone with us here. Talk

0:30:54.680 --> 0:30:58.080
<v Speaker 3>me through the details. What is this case involving a

0:30:58.320 --> 0:30:59.480
<v Speaker 3>Colorado web designer.

0:31:00.240 --> 0:31:03.000
<v Speaker 7>Sure, she is a web designer who says she wants

0:31:03.040 --> 0:31:06.840
<v Speaker 7>to start making pages for weddings, but she says, because

0:31:06.840 --> 0:31:08.960
<v Speaker 7>of her religious beliefs, she only wants to make them

0:31:09.000 --> 0:31:12.760
<v Speaker 7>for opposite sex weddings. Now, Colorado is one of about

0:31:12.800 --> 0:31:15.600
<v Speaker 7>two dozen states that has a law that explicitly says

0:31:16.280 --> 0:31:19.800
<v Speaker 7>so called public accommodations cannot discriminate on the basis of

0:31:20.000 --> 0:31:23.840
<v Speaker 7>LGBTQ status. And so the question for the Supreme Court

0:31:23.880 --> 0:31:27.640
<v Speaker 7>in this case is whether there's essentially a First Amendment

0:31:27.840 --> 0:31:30.840
<v Speaker 7>carve out for that, whether her First Amendment rights her

0:31:30.840 --> 0:31:33.160
<v Speaker 7>free speech rights to create the kind of web pages

0:31:33.200 --> 0:31:35.040
<v Speaker 7>she wants to create and not though she doesn't want

0:31:35.080 --> 0:31:39.440
<v Speaker 7>to create, whether that essentially trumps the anti discrimination law.

0:31:40.040 --> 0:31:42.360
<v Speaker 3>Greg, obviously you're the expert here and not me, But

0:31:42.400 --> 0:31:44.760
<v Speaker 3>why do I feel like we've already done this before?

0:31:44.840 --> 0:31:46.320
<v Speaker 3>This feels really familiar to me.

0:31:47.160 --> 0:31:49.360
<v Speaker 7>Yeah, there was a very similar case a couple of

0:31:49.440 --> 0:31:53.600
<v Speaker 7>years ago involving a baker, also in Colorado who said

0:31:53.680 --> 0:31:56.240
<v Speaker 7>he didn't want to make a wedding cake to celebrate

0:31:56.280 --> 0:32:00.240
<v Speaker 7>a same sex marriage, and all these issues were front

0:32:00.240 --> 0:32:02.960
<v Speaker 7>and center in that case, but then the court kind

0:32:02.960 --> 0:32:05.760
<v Speaker 7>of sidestepped them. They decided it on very narrow ground,

0:32:06.240 --> 0:32:10.440
<v Speaker 7>really didn't do anything with that big tension between anti

0:32:10.440 --> 0:32:13.920
<v Speaker 7>discrimination principles on one hand and religious and speech rights

0:32:13.960 --> 0:32:14.600
<v Speaker 7>on the other hand.

0:32:15.200 --> 0:32:17.160
<v Speaker 3>So in this case it sounds like it's a little

0:32:17.200 --> 0:32:21.640
<v Speaker 3>bit more specifically about free speech. And if I'm writing

0:32:21.720 --> 0:32:24.920
<v Speaker 3>that description, what would you say, is the case that

0:32:25.040 --> 0:32:29.160
<v Speaker 3>feels like the biggest kind of precedent for informing the

0:32:29.160 --> 0:32:31.440
<v Speaker 3>court about what they might need to do in this case.

0:32:32.000 --> 0:32:35.160
<v Speaker 7>Yeah, it is a case that is just about speech.

0:32:35.880 --> 0:32:38.840
<v Speaker 7>The web designer Laurie Smith also had some religious rights arguments,

0:32:38.840 --> 0:32:40.720
<v Speaker 7>but the Court said we don't want to hear those

0:32:41.240 --> 0:32:45.480
<v Speaker 7>at least right now. You know, there are some precedents

0:32:45.560 --> 0:32:48.280
<v Speaker 7>that the Court has dealt with, for example, having to

0:32:48.320 --> 0:32:54.560
<v Speaker 7>do with a parade, whether a St. Patrick's Day parade

0:32:54.720 --> 0:33:01.880
<v Speaker 7>could be required to allow LGBTQ in the parade. There's

0:33:01.880 --> 0:33:07.360
<v Speaker 7>another case involving whether the Defense Department, where the universities

0:33:07.400 --> 0:33:09.680
<v Speaker 7>had to let the Defense Department come on the campus

0:33:09.720 --> 0:33:13.640
<v Speaker 7>to recruit just like other employers would, and the court

0:33:13.760 --> 0:33:17.680
<v Speaker 7>was grappling with some of those issues in during the arguments.

0:33:17.840 --> 0:33:20.160
<v Speaker 7>But this is also a very different court from the

0:33:20.160 --> 0:33:24.360
<v Speaker 7>ones that decided those cases. So you know, this may

0:33:24.360 --> 0:33:26.160
<v Speaker 7>be a court that puts itstone spin on things.

0:33:26.600 --> 0:33:32.000
<v Speaker 3>And any chance that the historic twenty fifteen case that

0:33:32.280 --> 0:33:36.920
<v Speaker 3>allows for same sex marriage to occur could be impacted

0:33:36.960 --> 0:33:38.480
<v Speaker 3>based on this decision.

0:33:38.160 --> 0:33:43.200
<v Speaker 7>Or no, not directly that case Obergerfell versus Hodges, which

0:33:43.240 --> 0:33:47.000
<v Speaker 7>says it is a constitutional right that same sex couples

0:33:47.040 --> 0:33:49.480
<v Speaker 7>do have a right to get married. That's not being

0:33:49.600 --> 0:33:53.600
<v Speaker 7>challenged here. Certainly, supporters of that decision would say it's

0:33:53.640 --> 0:33:58.000
<v Speaker 7>being watered down if if suddenly a same sex couple,

0:33:58.440 --> 0:34:01.320
<v Speaker 7>the married couple doesn't have the rights in a particular

0:34:01.360 --> 0:34:05.080
<v Speaker 7>state or nationwide that an opposite sex couple has. But

0:34:05.120 --> 0:34:08.120
<v Speaker 7>in terms of directly affecting that ruling, no, not in

0:34:08.160 --> 0:34:08.600
<v Speaker 7>this case.

0:34:09.160 --> 0:34:12.320
<v Speaker 3>So what's the timeline then, in our final thirty seconds

0:34:12.360 --> 0:34:15.759
<v Speaker 3>for this latest Colorado case in the Supreme Court.

0:34:15.560 --> 0:34:18.560
<v Speaker 7>Well, the court is scheduled to end its term by

0:34:18.600 --> 0:34:21.000
<v Speaker 7>the end of next week, so we're talking we talk

0:34:21.040 --> 0:34:23.040
<v Speaker 7>again a week from week from now, or a week

0:34:23.080 --> 0:34:24.600
<v Speaker 7>and a half from now, we should know the answer.

0:34:24.920 --> 0:34:28.120
<v Speaker 3>And do they always do what they say? How often

0:34:28.200 --> 0:34:29.759
<v Speaker 3>is the schedule right on time?

0:34:30.840 --> 0:34:34.200
<v Speaker 7>It is virtually always on time. The only exception really

0:34:34.280 --> 0:34:36.279
<v Speaker 7>was during the pandemic year, where there was a lot

0:34:36.280 --> 0:34:39.200
<v Speaker 7>of different different situations. So I would expect a ruling

0:34:39.239 --> 0:34:40.160
<v Speaker 7>by the end of next week.

0:34:40.600 --> 0:34:43.280
<v Speaker 3>All right, Greg Store, thank you so much for joining

0:34:43.320 --> 0:34:46.080
<v Speaker 3>on this joining us on this story. We're definitely going

0:34:46.120 --> 0:34:48.799
<v Speaker 3>to be talking with you again next week to get

0:34:48.840 --> 0:34:52.319
<v Speaker 3>more details on that case. For now, this is Bloomberg Law.

0:34:52.400 --> 0:34:55.640
<v Speaker 3>I'm Madison Mills. I've been in for June Grasso this week.

0:34:55.920 --> 0:34:58.480
<v Speaker 3>Stick with us. Subscribe to us at Bloomberg Law for

0:34:58.560 --> 0:35:00.680
<v Speaker 3>more news that you need from the Supreme Court to

0:35:00.719 --> 0:35:03.440
<v Speaker 3>everywhere else in the US. This is Bloomberg