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Speaker 1: Happy New Year. This is the best of Show with

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Speaker 1: Clay and Buck.

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Speaker 2: Welcome in Clay, Travis Buck Sexton Show.

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Speaker 1: The winds keep getting.

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Speaker 2: Stacked and we haven't even gotten the official inauguration of

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Speaker 2: Donald Trump yet.

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Speaker 1: We're going to have some fun with you.

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Speaker 2: As I don't believe we've even said on this program,

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Speaker 2: we will be up in Washington, d C. For the

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Speaker 2: inauguration from the Clay and Buck Headquarters studios in Washington,

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Speaker 2: d C. It should be a lot of fun. We're

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Speaker 2: going to be celebrating bringing you all the sites and

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Speaker 2: sounds of the nation's capital as Donald Trump takes back control.

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Speaker 2: There are a lot of stories to get into. We're

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Speaker 2: going to dive into all of them. But breaking news

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Speaker 2: from the Wall Street Journal this morning, in conjunction with

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Speaker 2: breaking news I believe from Variety Magazine, the culture Wars.

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Speaker 2: We're finally starting to win some battles, Buck, and I've

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Speaker 2: got a sort of roadmap here that I want to

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Speaker 2: run us through your home state of Florida, now your

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Speaker 2: relocated home state.

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Speaker 1: Buck has become a.

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Speaker 2: Frontline winner in this culture war, and let me kind

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Speaker 2: of give you a roadmap.

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Speaker 1: Let me explain what I mean by that.

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Speaker 2: If you haven't heard, the decision to settle the ABC

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Speaker 2: News defamation lawsuit filed by Trump against ABC News and

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Speaker 2: George Stephanopolis over them accusing him of having been adjudicated

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Speaker 2: guilty of or a libel for rape was settled for

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Speaker 2: fifteen million dollars, and the decision went all the way

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Speaker 2: up to CEO Bob Iger. Why did they settle this case?

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Speaker 2: It made it past summary judgment. That means it was

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Speaker 2: going to go to trial probably, and it was going

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Speaker 2: to be going to trial in the state of Florida.

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Speaker 1: Oh yeah, the state.

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Speaker 2: Of Florida won by thirteen points by Donald Trump, where

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Speaker 2: Ron DeSantis has absolutely kicked Disney's butt all over the

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Speaker 2: place in the wake of their don't say gay rebellion

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Speaker 2: against the State of Florida. Remember, basically Disney bent the

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Speaker 2: knee to DeSantis and the State of Florida and effectively

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Speaker 2: said you were right, we were wrong. That comes along

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Speaker 2: with this news story. Again, I think this is significant.

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Speaker 2: First of all, the fact that it even happened is

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Speaker 2: a sign of how broken our culture had become. But

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Speaker 2: the fact that we're now starting to get wins stacked,

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Speaker 2: I think is significant. Buck Disney has decided to eliminate

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Speaker 2: a transgender storyline from an upcoming series that it was making,

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Speaker 2: called Win or Lose. The show was about a co

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Speaker 2: ed middle school softball team and there were eight episodes,

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Speaker 2: each one centered on the off the field life of

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Speaker 2: one of the characters. There was a transgender character that

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Speaker 2: was going to be featured in this children's programming. Disney

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Speaker 2: says they have decided to pull that because, quote, when

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Speaker 2: it comes to animated content for a younger audience, we

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Speaker 2: recognize many parents would prefer to discuss certain subjects with

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Speaker 2: their children on their own timeline and terms.

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Speaker 1: Buck.

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Speaker 2: This is effectively Disney saying Ron DeSantis, you were right.

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Speaker 2: We apologize for all that don't say gay bs. We

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Speaker 2: are bending the knee to Trump DeSantis and to reasonable

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Speaker 2: rational parents out there that don't believe animated programming should

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Speaker 2: be addressing issues of sexuality.

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Speaker 1: This is a big win. I think it's important to

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Speaker 1: celebrate wins.

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Speaker 3: There's huge change of foot right now and we are

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Speaker 3: seeing it and it is positive.

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Speaker 1: It's very encouraging.

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Speaker 3: I would just say to put in context, Clay, what

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Speaker 3: a difference it is now with Disney in tone and action.

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Speaker 3: Remember just a couple of years ago we were doing

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Speaker 3: the show together, so it's definitely been the last few years.

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Speaker 3: The Disney Chief Creative exec whatever her official title was,

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Speaker 3: who said she had a pan sexual child and a

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Speaker 3: trans child, Well, the the lotto odds of that, I mean,

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Speaker 3: she might as well go out and do a scratch

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Speaker 3: off ticket, because wow, the chances of that just happening

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Speaker 3: to be the case for somebody is infinitesimal. And she

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Speaker 3: was talking also in the context of the need to

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Speaker 3: push more LGBTQIA plus you know, I think we might

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Speaker 3: even actually get to a place where we don't have

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Speaker 3: to use that acronym anymore because they're different. By the way,

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Speaker 3: Why put all of these people together. I've had conversations

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Speaker 3: recently with a couple of friends of mine who are gay,

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Speaker 3: and they despise the fact that the trans and pan

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Speaker 3: sexual and all these different identities are always linked now

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Speaker 3: to the gay community, as if this is the same thing.

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Speaker 3: They said, No, they have the thing. They've got something

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Speaker 3: else going on. We have something else going on. So

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Speaker 3: you can talk about this now more openly. But I

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Speaker 3: think Clay your your ABC Stephanopoulos point, this is really

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Speaker 3: really critical right now for the Trump movement. We've talked

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Speaker 3: a lot about this, the deep state. They're continuing resolution

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Speaker 3: by the way Congress will get to that. They want

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Speaker 3: to just do what they've done, and people are paying

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Speaker 3: attention now. But there's also the border, which you've talked

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Speaker 3: about a lot. Here's the question, Clay, and it's a

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Speaker 3: big one, and I think the ABC News one goes

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Speaker 3: to this. And also Trump now suing and Seltzer, the

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Speaker 3: pollster in Iowa. I don't know if we've mentioned this.

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Speaker 3: I don't think we've mentioned this yet on the show.

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Speaker 3: He's suing the Iowa pollster who was off by seventeen

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Speaker 3: points something like that with her last poll before the election.

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Speaker 3: What is the proper response, Clay, to the law fair

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Speaker 3: that has been done against Donald Trump?

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Speaker 2: What is the proper response? Sorry, go ahead, no, I said,

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Speaker 2: it's a fantastic question.

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Speaker 3: I mean, continue, Let's just think about some of the

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Speaker 3: things they have done to him. What should Trump and

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Speaker 3: the new administration do in response to the not just

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Speaker 3: for criminal indictments, the absolutely ludicrous four hundred million dollars

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Speaker 3: or something whatever that I can't even remember the number.

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Speaker 3: It was hundreds of millions of dollars that new York

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Speaker 3: State brought into settlement against him, where the banks that

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Speaker 3: work with them said, we were paid on time, made money,

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Speaker 3: and everything was great. What do you talk? How is

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Speaker 3: that fraud? Everybody's happy except the Democrat partisan attorney general.

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Speaker 3: The New York City case as well, Clay, so many

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Speaker 3: instances of this is what does Trump do? They keep saying,

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Speaker 3: we're afraid of the retribution. Well, there should be justice,

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Speaker 3: and to some people that may look like retribution.

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Speaker 2: I think that's all said. Here's what a lot of

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Speaker 2: people are missing. I think buck where he's filing these lawsuits,

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Speaker 2: the biggest part of lawfair against Donald Trump was blue

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Speaker 2: cities and blue states went to war with them. Where

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Speaker 2: did they bring their cases? New York City where the

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Speaker 2: jury is overwhelmingly rigged against Trump, Atlanta, Georgia, where the

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Speaker 2: jury is overwhelmingly rigged against Trump.

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Speaker 1: Washington, d C.

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Speaker 2: Where the jury is overwhelmingly rigged against Trump. Where did

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Speaker 2: the case collapse?

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Speaker 1: First?

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Speaker 2: Florida when they had to move the case relating to

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Speaker 2: classified documents from Washington.

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Speaker 4: D C.

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Speaker 1: To Florida.

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Speaker 2: I don't know that many people out there in the

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Speaker 2: general public spend much time thinking about this, but lawyers

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Speaker 2: spend a great deal of time thinking about this. Where

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Speaker 2: your case is heard and where it is filed matters monumentally.

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Speaker 2: Red state and red cities have been nowhere near as

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Speaker 2: aggressive in using the law to go after their political

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Speaker 2: enemies as Democrats have been with Blue City.

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Speaker 1: He's in blue states.

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Speaker 2: Why did the case get settled the fifteen million dollars

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Speaker 2: ABC News? Because I think it was filed in Florida

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Speaker 2: and they were terrified of the jury there.

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Speaker 3: Let's think about some of the defamation suit. That's what

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Speaker 3: I'm going through. Where's he where he's filing now, Buck Iowa?

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Speaker 3: He won by sixteen. Gannett's going to be really nervous

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Speaker 3: about this. This is what It's so important though, that

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Speaker 3: people understand the context of these actions play. Egene Carroll

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Speaker 3: brought a suit only possible because they changed the statue

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Speaker 3: to limitations in New York so she could bring the suit,

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Speaker 3: a suit that Trump, no person could really defend himself against.

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Speaker 3: He growthed me in an apartment store thirty five years ago.

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Speaker 3: There's no footage, there's no evidence, but I say so,

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Speaker 3: and now in a jury hates me, so they're going

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Speaker 3: to go along with this. Then Trump says I didn't

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Speaker 3: assault or rape this woman and she's lying. You know,

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Speaker 3: he says she's lying, and then he is sued for

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Speaker 3: defaming her. I mean, so now, if you are, if

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Speaker 3: you are civilly accused of something that could never be

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Speaker 3: criminally proven, and you say no, I'm not guilty of that,

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Speaker 3: that person is lying about me, you can be sued

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Speaker 3: for what was the judgment? There wasn't it. It was

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Speaker 3: a very I can't remember all these judgment against Trump.

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Speaker 3: The eging Carol defamation suit was very substantial.

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Speaker 1: It's garbage and.

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Speaker 3: Remember of millions.

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Speaker 2: Not only it's not only that they got the judgment,

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Speaker 2: it's that they freaking change the statute of limitations to

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Speaker 2: allow the judgment to occur.

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Speaker 1: Yes, I mean you and me are.

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Speaker 3: I'm sorry it was five million.

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Speaker 1: I said ten.

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Speaker 3: It was a five million dollar judgment. But I'm just

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Speaker 3: saying this is for you saying I didn't rape that woman.

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Speaker 3: She's lying. Now you can be sued for five million dollars.

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Speaker 3: They have weaponized the law in ways that we are

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Speaker 3: just beginning to come to grips with. And I think

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Speaker 3: the the ABC thing you're picking up on Clay goes

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Speaker 3: right to this.

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Speaker 2: You have to fire back. And I've been arguing this

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Speaker 2: for a long time. You have to make the other

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Speaker 2: side fear what you might do to them too, And

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Speaker 2: that's the only way I think you come back to

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Speaker 2: a measure of justice. At some point, it becomes so

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Speaker 2: corrupted if one side thinks that they can walk up

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Speaker 2: and punch you in the mouth over and over again,

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Speaker 2: and you're just gonna turn the other cheek every time

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Speaker 2: and say, boy, I really wish you hadn't punched me

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Speaker 2: in the mouth. This is really you really are being

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Speaker 2: mean to me. Boy, you're being a hypocrite. Sooner or later,

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Speaker 2: words don't work. And I mean, everybody who's ever dealt

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Speaker 2: with a bully knows bullies respect power, they respect fear.

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Speaker 2: They have to think that they might get punched back

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Speaker 2: in the mouth at some point in time, and if

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Speaker 2: they don't, then they will continue to take advantage of you.

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Speaker 2: And I think we're finally getting a spine and throwing

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Speaker 2: some punches.

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Speaker 3: Heay Rudy Giuliani, who saved my hometown and to whom

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Speaker 3: I will always be great, And millions of New Yorkers,

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Speaker 3: even some a lot of Democrats, feel the same way.

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Speaker 3: Grateful to what he did for New Yorkers, for fellow Americans.

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Speaker 3: He lost a one hundred and forty eight million dollar

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Speaker 3: defamation suit or what he said about two election workers. Now, look,

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Speaker 3: should he have said that. No, apparently it was all untrue.

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Speaker 3: But but you know, put aside for a second. It's

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Speaker 3: basically one hundred and fifty million dollar judgment and they're

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Speaker 3: enforcing it against Rudi Giuliani's destitute now because he made

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Speaker 3: a claim. They said it was unfounded, it was contentious,

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Speaker 3: it was political, and they brought it in a jurisdiction

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Speaker 3: that's going to crush anybody Trump associated. We to your point,

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Speaker 3: if we do not, if our side does not take

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Speaker 3: action to show that this is a mutually assured law

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Speaker 3: fair destruction in America that you know, they so to speak,

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Speaker 3: fire the nukes like the old Soviets. We fire the

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Speaker 3: nukes and everybody loses. If we don't establish that precedent,

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Speaker 3: they just keep doing this. Look at what Steve Bannon

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Speaker 3: had to go to federal prison. What did Steve Bannon

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Speaker 3: do nothing that Eric Holder didn't do. By the way,

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Speaker 3: when he was Attorney general, did he go to federal prison?

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Speaker 3: Enough is enough? They say Clay, they're worried about retribution.

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Speaker 3: Everybody who voted for Trump and sees what's going on

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Speaker 3: should say there's no retribution. There is a reckoning, though

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Speaker 3: there is a righteousness coming.

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Speaker 1: This is huge. I don't know that most people have recognized.

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Speaker 2: I mean, basically, Disney, what they just did Buck is

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Speaker 2: they said, yeah, DeSantis was right alllong when he said

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Speaker 2: we shouldn't be teaching gender ideology to kids in schools.

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Speaker 2: This is the whole fight. This is why they filed

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Speaker 2: the lawsuit everything else. Now they have completely bent the knee.

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Speaker 2: For those of you out there who have been saying, Okay,

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Speaker 2: how do things change sooner or later? You have to

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Speaker 2: start to stack wins. And we are stacking wins on

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Speaker 2: a level, frankly, that we haven't seen in this culture

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Speaker 2: in a long time. And I know many of you,

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Speaker 2: I think it's important. I know you've said this on

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Speaker 2: the show, and I think it's important to echo it.

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Speaker 2: You got to celebrate some wins every now and then.

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Speaker 2: You can't just be upset about how things are going.

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Speaker 2: You have to start to stack victories of your own

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Speaker 2: and we are doing that, and I think this is

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Speaker 2: seismic culturally. What Disney has just done. They said DeSantis

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Speaker 2: was right. They settled with Trump. Disney is going back

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Speaker 2: to trying to be a company that, guess what, just

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Speaker 2: makes movies that your kids would like to watch, which

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Speaker 2: is what they should have been doing all along.

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Speaker 3: This Trump win across the board, Clay is lighting up

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Speaker 3: the scoreboard for sanity right now, and it's a notable thing.

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Speaker 2: David in Minnesota, what did you think about what you're

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Speaker 2: seeing out there?

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Speaker 4: You know, guys, we've been talking about the culture for

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Speaker 4: many years. Rush you guys, your audience, and how that

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Speaker 4: if until Trump or the GOP Republicans, whatever you want

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Speaker 4: to call it, became the equivalent of sitting at the

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Speaker 4: cool kids table, nothing would change. And with the dances

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Speaker 4: in the UFC, the NFL, with a landslide victory, Trump

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Speaker 4: winning the young male vote, it's just it's coming. There's

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Speaker 4: a sea change coming. The culture is changing and it's

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Speaker 4: only going to get better. Thanks guys, what you're doing.

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Speaker 3: I love it.

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Speaker 2: I'm going to talk about this more in the next hour.

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Speaker 1: Buck.

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Speaker 2: I think he's one hundred percent right for the culture

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Speaker 2: to have changed to the extent where young men out

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Speaker 2: there are diehard Trump wearing Maga hat badasses. I think

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Speaker 2: what's really interesting to me, And again everything is anecdotal,

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Speaker 2: but I saw this young men rise coming for Trump support.

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Speaker 2: Buck my boys and the kids that they have and

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Speaker 2: that they hang out around. They're still by and large

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Speaker 2: not able to vote. Then this next decade, I think

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Speaker 2: they're going to be even more diehard Trump voting and

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Speaker 2: the current generation right, Like my fourteen year old in

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Speaker 2: the car the other day, I talked about this, saying,

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Speaker 2: I'm gonna be able to vote in twenty eight He's

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Speaker 2: going to vote Republican one billion percent.

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Speaker 3: Jen Z in particular, and I think millennials as well,

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Speaker 3: there was a sense that to be cool, and this

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Speaker 3: might have been a part of the kind of Obama phenomenon,

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Speaker 3: but the cool kids were Democrats was a widespread I

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Speaker 3: never agreed with that because Clay I always thought I

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Speaker 3: was a cool kid and my conservative friends, but there

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Speaker 3: was a you know, the culture was much more aligned

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Speaker 3: with them. I think jen Alpha, which I've now learned,

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Speaker 3: is what's below gen Z, You're gonna see a lot

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Speaker 3: more the cool kids are conservative because of these alternative

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Speaker 3: media pathways, because of the effect of a lot of

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Speaker 3: shows out there, including this one. I might add, but

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Speaker 3: you know the sort of bro podcasters, the Rogan effect,

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Speaker 3: elon all of it. If you're a if you're an

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Speaker 3: eighteen year old guy right now, you know, who do

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Speaker 3: you really look up to in the like if you're

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Speaker 3: a standard of American eighteen year old guy, any you know,

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Speaker 3: any race, whatever, any religion, who do you really look

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Speaker 3: up to in the Democrat Party? I don't know who

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Speaker 3: it is.

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Speaker 2: Was having this conversation over the weekend, Buck, I was

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Speaker 2: having this conversation like, who would you I was talking

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Speaker 2: with a bunch of dudes, just again, dudes, not even

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Speaker 2: particularly particularly political. I asked the question, can you name

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Speaker 2: me a Democrat that you'd like to go watch this

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Speaker 2: football game with? Welcome back in Clay Travis buck Sexton show.

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Speaker 2: Another news story, and I think it ties in with

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Speaker 2: what we are talking about. The Supreme Court has agreed

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Speaker 2: to hear the TikTok appeal of it potentially being banned

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Speaker 2: in some way in the United States starting after the

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Speaker 2: first of the year. And I want to tie that

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Speaker 2: in with what's going on with the settlement that we

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Speaker 2: saw in Florida and the bending the knee from Walke Disney,

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Speaker 2: because I do think it's part of a larger societal

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Speaker 2: move where we're going to get at a new First

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Speaker 2: Amendment case at some point at the Supreme Court. But

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Speaker 2: Buck my understanding, and you correct me if I'm wrong

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Speaker 2: on this. I was doing my reading on the TikTok

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Speaker 2: case this morning when when they talk about a ban

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Speaker 2: effectively what it would mean, And let me start with this,

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Speaker 2: what percentage of our audience do you think is on TikTok?

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Speaker 1: Fifteen percent, well.

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Speaker 3: Less than five, less than five.

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Speaker 2: So I understand it's a small minority of you, but

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Speaker 2: as you get ready for Christmas holiday season, your kids

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Speaker 2: and grandkids are almost certainly on TikTok. So this is

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Speaker 2: maybe a conversation that that that some of you end

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Speaker 2: up having associated with this. So my understanding, Buck, is

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Speaker 2: when they say ban, what this law would actually do.

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Speaker 2: It's not it can't remove TikTok from your phones, but

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Speaker 2: effectively it doesn't allow TikTok to continue to update its algorithm,

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Speaker 2: meaning that I believe they have one hundred and seventy

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Speaker 2: million viewers in the United States dates or or people

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Speaker 2: who downloaded the app, so basically half the country has

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Speaker 2: a TikTok account, and we have a Clay and Buck

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Speaker 2: TikTok account. By the way, I have one. I haven't

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Speaker 2: posted in a long time. Do you post anything on TikTok.

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Speaker 3: I go on TikTok as to be a viewer, but

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Speaker 3: I don't really post on TikTok. It's you know, I

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Speaker 3: don't have time.

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Speaker 2: So what it would do is stop allowing the app

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Speaker 2: to update, and that would effectively render it obsolete because

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Speaker 2: all of these apps have to constantly have new tech

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Speaker 2: updates in order to function effectively. Okay, so what's going

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Speaker 2: on here? The Supreme Court is going to hear this case.

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Speaker 2: One reason, according to The Wall Street Journal, that Disney

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Speaker 2: settled their case that's ABC News paid fifteen million dollars

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Speaker 2: to Donald Trump, is Bob Iiger was afraid of getting

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Speaker 2: in front of a floor to jury and potentially getting

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Speaker 2: hit with a verdict that could cost a company hundreds

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Speaker 2: of millions of dollars.

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Speaker 1: But also, yeah, I just wanted to we didn't mention this.

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Speaker 3: Look what they did to Fox. Yes, that's why that's

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Speaker 3: where it ties it in roll right, Yeah, Look look

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Speaker 3: at the size of the Fox on them. What was

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Speaker 3: it eight hundred million.

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Speaker 2: It was huge, almost eight hundred million dollars. And the

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Speaker 2: reason why Fox settled was they were afraid a jury

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Speaker 2: in Delaware, which would have not been sympathetic to them,

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Speaker 2: could have given a verdict that was massively huge beyond

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Speaker 2: that and ultimately they felt like they were going to

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Speaker 2: prevail on the First Amendment, but they would then have

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Speaker 2: to take it all the way to the court and

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Speaker 2: it could take multiple years. And this TikTok case has

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Speaker 2: the potential to re evaluate in a substantial way potentially

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Speaker 2: First Amendment law. The reason why I bring this up

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Speaker 2: is Disney is getting ripped for settling this case. And

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Speaker 2: again the victory is substantial. But I want to play

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Speaker 2: a couple of these cuts from you Warrence Tribe, who

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Speaker 2: used to be somebody who's at actually committed to the

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Speaker 2: First Amendment.

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Speaker 3: He is completely bonkers on Twitter. I mean, you could

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Speaker 3: see this guy has lost his mind. He's a Trump.

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Speaker 3: He is a Trump stage five derangement fellow.

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Speaker 2: So here is he reacting to this cut eighteen.

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Speaker 1: He's losing it a little bit. But listen, it was

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Speaker 1: a week lawsuit.

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Speaker 5: He was destined to lose it. But rather than basically

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Speaker 5: be on the wrong side of Donald Trump. Disney, the

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Speaker 5: company that owned ABC, obviously put pressure on ABC to cave.

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Speaker 5: And that's such a terrible precedent because it means that

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Speaker 5: whenever a media outlet is part of a conglomerate, the

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Speaker 5: business interests of the owner can induce that media outlet

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Speaker 5: to silence itself. And when that happens, those who would

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Speaker 5: criticize the leader of government, those who would criticize the

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Speaker 5: president or the government are basically chilled, and that is

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Speaker 5: the beginning of the end of democracy.

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Speaker 2: He's completely wrong here, And notice what he doesn't say

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Speaker 2: that George Stepanopolis was wrong. Trump filed a lawsuit because

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Speaker 2: George Stepanopolis on his program incorrectly said that Trump had

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Speaker 2: been adjudicated civilly liable for rape.

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Speaker 1: He was not.

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Speaker 2: In fact, the jury said he was not culpable, he

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Speaker 2: was not liable. So what Lawrence Tribe is not saying

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Speaker 2: here is actually George Stepanopolis put his employers in a

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Speaker 2: bad position by saying something that was untrue on television,

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Speaker 2: And in fact, we should want fewer people saying things

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Speaker 2: that are untrue on television. Here's Chuck Todd. He said, oh,

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Speaker 2: this is a gut punch for all of media. How

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Speaker 2: so Stephanopolis was wrong.

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Speaker 6: Listen, this was stunning to me and absolutely a gut

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Speaker 6: punch to anybody that works at a major media company,

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Speaker 6: because because I think it, it does set a it

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Speaker 6: sets a precedent that is going to be very difficult.

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Speaker 6: It's going to be very difficult to get from get

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Speaker 6: out from under potentially. I just you know, I think

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Speaker 6: the risk of losing this suit was five percent right

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Speaker 6: for ABCBC, BBC, So you know this was a decision

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Speaker 6: to buy off a bad.

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Speaker 2: Pr Okay, he's wrong too. I think they would have

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Speaker 2: lost this suit. Now they may have won the appeal.

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Speaker 2: But here is something that's really important. George Stephanopolis has

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Speaker 2: the right to say anything that he wants about Donald Trump.

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Speaker 2: He can say I believe Donald Trump is a rapist.

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Speaker 2: Now the evidence doesn't support that based on that case.

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Speaker 2: What he can't say is that a court said Trump

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Speaker 2: was a rapist because that didn't happen. There is a

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Speaker 2: big distinction and a lot of people don't understand this

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Speaker 2: between opinion and between fact, and this is what the

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Speaker 2: essence of this case is, right.

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Speaker 3: I mean, we could sit here, remember Keith Oldman's worst

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Speaker 3: person in the world thing. We could say that in

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Speaker 3: media the worst person in the world in our opinion,

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Speaker 3: or I says for me, the worst person in the

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Speaker 3: world may in fact be Keith Oberman. That's an opinion.

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Speaker 3: But you can't say that. Let's say some person is

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Speaker 3: adjudicated a murderer or a judi. You can't say someone's

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Speaker 3: a child molester according to court record when that's a lie,

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Speaker 3: because then you can destroy anybody's reputation. You could destroy

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Speaker 3: any person in the public.

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Speaker 2: Sphere that there's that like. Keith Oberman is a good example.

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Speaker 2: I believe iHeart distributes Keith Oberman's podcast. One of You

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Speaker 2: sent me a clip where Keith Oberman and by the

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Speaker 2: way iHeart distributes this show, Keith Oberman called me a

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Speaker 2: racist neanderthal. I think now I would, by you know,

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Speaker 2: an awful human being, like a bunch of different insults

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Speaker 2: from Keith Oberman.

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Speaker 1: Distributed by iHeart.

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Speaker 2: Now, I have a thick skin, and I think Keith

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Speaker 2: Olberman should be able to say truly awful things about me,

438
00:24:08,960 --> 00:24:12,439
Speaker 2: but he shouldn't be able to say to your point,

439
00:24:12,840 --> 00:24:16,960
Speaker 2: Clay Travis has been axjudicated to be a rapist or

440
00:24:17,000 --> 00:24:20,320
Speaker 2: a child molestor if he said that about me, I

441
00:24:20,320 --> 00:24:22,600
Speaker 2: don't know that I would spend the time filing a

442
00:24:22,680 --> 00:24:25,960
Speaker 2: lawsuit on it, but he would be liable for those

443
00:24:26,000 --> 00:24:30,440
Speaker 2: things because it's actually untrue. Whereas his opinion, you guys

444
00:24:30,480 --> 00:24:32,520
Speaker 2: can listen to, maybe some of you agree, maybe some

445
00:24:32,560 --> 00:24:35,280
Speaker 2: of you think I'm a trogola dyte, awful, misogynist, racist,

446
00:24:35,359 --> 00:24:38,280
Speaker 2: Like you're entitled to have that opinion. You can't say

447
00:24:38,320 --> 00:24:41,000
Speaker 2: a court has determined it to be true. That's what

448
00:24:41,000 --> 00:24:44,679
Speaker 2: Stephanopflis did. He screwed up in a big way and

449
00:24:44,800 --> 00:24:47,200
Speaker 2: his company is paying because of that.

450
00:24:47,720 --> 00:24:51,879
Speaker 3: Well, also, this comes after years. I think the context

451
00:24:51,880 --> 00:24:56,560
Speaker 3: here is important, Clay. This comes after years of them

452
00:24:56,680 --> 00:25:01,240
Speaker 3: saying with impunity and I think, with a degree of

453
00:25:02,280 --> 00:25:09,080
Speaker 3: political efficacy, the most awful things about Donald Trump imaginable, Yes,

454
00:25:09,200 --> 00:25:11,320
Speaker 3: you know, saying, for example, they could say, oh, well

455
00:25:11,320 --> 00:25:15,840
Speaker 3: he's a racist. Now that's basically an opinion, right, you can.

456
00:25:16,240 --> 00:25:18,520
Speaker 3: And of course the Democrats do. They call anybody they

457
00:25:18,520 --> 00:25:20,679
Speaker 3: want a racist, and they try to ruin somebody in

458
00:25:20,720 --> 00:25:23,200
Speaker 3: the public sphere, and they try to destroy their reputation.

459
00:25:23,800 --> 00:25:25,360
Speaker 3: They know that a lot of the people they say

460
00:25:25,359 --> 00:25:28,160
Speaker 3: this about are not racist, but you know whatever, that's

461
00:25:28,200 --> 00:25:30,960
Speaker 3: an opinion. But when they say things like Trump is

462
00:25:30,960 --> 00:25:36,159
Speaker 3: an agent of Russia, a Russian asset that's accusing and

463
00:25:36,200 --> 00:25:41,400
Speaker 3: effectively of a crime, a crime of treason, really, and

464
00:25:42,160 --> 00:25:46,640
Speaker 3: you would wonder what is the society coming to if

465
00:25:46,680 --> 00:25:50,600
Speaker 3: you can say these things with total impunity and there's

466
00:25:50,680 --> 00:25:54,119
Speaker 3: no repercussions whatsoever. Why not just lie about everybody in

467
00:25:54,160 --> 00:25:57,680
Speaker 3: the most egregious way all the time. There actually have

468
00:25:57,760 --> 00:26:01,480
Speaker 3: to be lines here. That's why defamation and slander and

469
00:26:01,640 --> 00:26:04,159
Speaker 3: libel are on the books.

470
00:26:03,680 --> 00:26:04,399
Speaker 1: For good reason.

471
00:26:04,840 --> 00:26:08,040
Speaker 2: Yeah, and this is why. And I actually maybe we

472
00:26:08,080 --> 00:26:10,439
Speaker 2: should do a deep dive. I'll even sit down and

473
00:26:10,480 --> 00:26:12,879
Speaker 2: talk to a bunch of nerds, legal nerds on this,

474
00:26:12,920 --> 00:26:14,840
Speaker 2: because some of you may be super interested in it.

475
00:26:14,960 --> 00:26:17,359
Speaker 2: I am, and a lot of legal stuff makes my

476
00:26:17,440 --> 00:26:19,080
Speaker 2: eyes roll back into my head. I'm like, this is

477
00:26:19,119 --> 00:26:21,919
Speaker 2: the most boring thing ever. The way in which we

478
00:26:22,080 --> 00:26:26,200
Speaker 2: define the First Amendment in a social media era has

479
00:26:26,280 --> 00:26:29,840
Speaker 2: to be recalibrated because back in the day, Buck, when

480
00:26:29,880 --> 00:26:33,240
Speaker 2: New York Times v. Sullivan happened, your name only appeared

481
00:26:33,280 --> 00:26:37,119
Speaker 2: in the newspaper typically if you were a normal person,

482
00:26:37,200 --> 00:26:39,800
Speaker 2: not a public figure. On the day you were born

483
00:26:40,080 --> 00:26:42,159
Speaker 2: and on the day you died. Right, That was pretty

484
00:26:42,160 --> 00:26:45,680
Speaker 2: common in the nineteen forties, nineteen fifties, sixties, that kind

485
00:26:45,760 --> 00:26:50,160
Speaker 2: of era. So most people were not quote unquote public figures.

486
00:26:50,680 --> 00:26:54,320
Speaker 2: In this day and age, I would argue of social media,

487
00:26:54,359 --> 00:26:57,080
Speaker 2: almost everyone is a public figure at all the time.

488
00:26:57,760 --> 00:27:00,960
Speaker 2: And I think we should have a standard that is

489
00:27:01,119 --> 00:27:06,320
Speaker 2: difficult to define, but should apply kind of evenly between everyone,

490
00:27:06,880 --> 00:27:09,800
Speaker 2: because all of us are modern day public figures. What

491
00:27:10,000 --> 00:27:13,719
Speaker 2: should be able to be said in a public forum

492
00:27:13,880 --> 00:27:18,520
Speaker 2: about someone should not be different, in my opinion, in

493
00:27:18,560 --> 00:27:20,520
Speaker 2: the way that it is in New York Times, Eas Sullivan.

494
00:27:20,560 --> 00:27:25,520
Speaker 2: And also, we don't have this print publication era where

495
00:27:25,560 --> 00:27:29,360
Speaker 2: everybody has tons of hours to get ready. There are

496
00:27:29,359 --> 00:27:33,480
Speaker 2: lots of errors that happen. I hoped remember the Nicholas

497
00:27:33,520 --> 00:27:36,719
Speaker 2: Sandman case, that young kid who was wearing the make

498
00:27:36,760 --> 00:27:40,280
Speaker 2: America Greater Again, had I remember Lincoln Memorial steps. They

499
00:27:40,359 --> 00:27:43,920
Speaker 2: totally turned him into a racist, awful human being. He

500
00:27:44,000 --> 00:27:47,520
Speaker 2: got attacked unfairly. He'd done nothing wrong. In fact, he

501
00:27:47,560 --> 00:27:49,840
Speaker 2: was a victim when the full context of the video

502
00:27:49,920 --> 00:27:52,679
Speaker 2: came out. He's a kid on a freaking class trip

503
00:27:52,720 --> 00:27:55,520
Speaker 2: to Washington. D c on the steps of the Lincoln Memorial.

504
00:27:56,280 --> 00:27:58,760
Speaker 2: We don't know what the settlements he got because they

505
00:27:58,800 --> 00:28:03,199
Speaker 2: weren't public. Somebody needs to take a case all the

506
00:28:03,280 --> 00:28:08,480
Speaker 2: way to the end degree and really have a new

507
00:28:08,520 --> 00:28:12,359
Speaker 2: precedent set. So that's to me what the significance is

508
00:28:12,920 --> 00:28:16,840
Speaker 2: of this fifteen million dollars that Trump got from ABC News.

509
00:28:17,160 --> 00:28:21,679
Speaker 2: It's ABC News recognizing stephan Ovelis was totally wrong. I

510
00:28:21,680 --> 00:28:24,040
Speaker 2: think bucked them behind the scenes. They were about to

511
00:28:24,040 --> 00:28:26,680
Speaker 2: get the depositions. I think they would have found out

512
00:28:26,720 --> 00:28:30,200
Speaker 2: how biased ABC News is against Trump. There would have

513
00:28:30,200 --> 00:28:32,960
Speaker 2: been a lot of discovery that would have embarrassed that network.

514
00:28:33,480 --> 00:28:35,440
Speaker 1: That's why Bob Iger, the CEO.

515
00:28:35,240 --> 00:28:37,879
Speaker 2: Of Disney, which owns ABC News, I believe, made the

516
00:28:37,920 --> 00:28:39,200
Speaker 2: decision to settle this case.

517
00:28:39,760 --> 00:28:43,680
Speaker 3: So I look, I understand for some people who are

518
00:28:43,720 --> 00:28:45,719
Speaker 3: seeing what's going on here, I mean the you know,

519
00:28:45,760 --> 00:28:48,280
Speaker 3: the Seltzer lawsuit, I don't I don't think that's going

520
00:28:48,320 --> 00:28:51,040
Speaker 3: anywhere because her defense is just going to be I'm

521
00:28:51,040 --> 00:28:52,680
Speaker 3: an idiot or you know, I was an idiot on

522
00:28:52,720 --> 00:28:56,280
Speaker 3: this issue. I screwed up. I don't think a poll

523
00:28:56,800 --> 00:29:00,480
Speaker 3: unless they can prove that you were kind of looting

524
00:29:00,520 --> 00:29:04,720
Speaker 3: behind the scenes to misintentional manipulation of the would be

525
00:29:04,720 --> 00:29:07,600
Speaker 3: the only It would be really tough. It's not impossible.

526
00:29:07,640 --> 00:29:10,480
Speaker 3: I think it's really really hard to prove that Upholster

527
00:29:11,960 --> 00:29:15,200
Speaker 3: was doing something that's legally actionable in a civil context.

528
00:29:15,520 --> 00:29:18,400
Speaker 3: That said, the stuff that they've been getting away with

529
00:29:18,440 --> 00:29:20,600
Speaker 3: when it comes to Trump and doing to Trump. That's

530
00:29:20,600 --> 00:29:23,960
Speaker 3: why I think the Egen Carol suit and the Rudy

531
00:29:24,040 --> 00:29:29,440
Speaker 3: Giuliani suit in Atlanta, you know, and these they're bankrupting

532
00:29:29,480 --> 00:29:33,160
Speaker 3: their political enemies with nonsense. I mean, in what universe

533
00:29:33,600 --> 00:29:35,320
Speaker 3: do you have one hundred and fifty million dollars judge

534
00:29:35,360 --> 00:29:38,480
Speaker 3: for two women who based on their current earnings and

535
00:29:38,720 --> 00:29:40,800
Speaker 3: they're not going to make five million dollars over the

536
00:29:40,800 --> 00:29:43,920
Speaker 3: next thirty years. Clay, Yeah, you're you know, so you're

537
00:29:43,960 --> 00:29:45,800
Speaker 3: giving them one hundred and fifty million dollars. That's not

538
00:29:45,840 --> 00:29:48,440
Speaker 3: even gonna happen because Rudy Giuliani has already been bankrupted

539
00:29:48,440 --> 00:29:51,640
Speaker 3: by all the lawfair against him. It's it's monstrous what

540
00:29:52,080 --> 00:29:54,560
Speaker 3: they've done with the law and it has to be

541
00:29:54,600 --> 00:29:56,280
Speaker 3: set right. And I think just to bring this full

542
00:29:56,320 --> 00:30:00,680
Speaker 3: circle through their initial discussion, which is it doesn't the

543
00:30:00,720 --> 00:30:02,960
Speaker 3: way out of this is not well, we're not going

544
00:30:03,000 --> 00:30:06,320
Speaker 3: to do mean things to them, it's what are our principles,

545
00:30:06,760 --> 00:30:10,560
Speaker 3: what are our what are our legal and ethical responsibilities

546
00:30:10,600 --> 00:30:14,560
Speaker 3: to the system who violated those, and what will their

547
00:30:14,600 --> 00:30:18,200
Speaker 3: punishment be that, you know, other otherwise you're just in

548
00:30:18,240 --> 00:30:22,400
Speaker 3: a one way war. Otherwise, you know, the Republicans are

549
00:30:22,480 --> 00:30:25,440
Speaker 3: like pacifists, and the Nazis are rolling in with their pans,

550
00:30:25,440 --> 00:30:27,960
Speaker 3: are saying, well, this is really easy, Like you can't

551
00:30:28,000 --> 00:30:31,200
Speaker 3: have a one way war. So this needs to be done.

552
00:30:31,280 --> 00:30:35,440
Speaker 3: This needs to be part of the incoming administration's agenda.

553
00:30:35,520 --> 00:30:38,920
Speaker 2: Welcome back in Clay Travis buck Sexton Show. It is

554
00:30:39,000 --> 00:30:45,800
Speaker 2: that time of year, holiday music season and holiday movie season.

555
00:30:47,680 --> 00:30:51,200
Speaker 2: I still think, and we'll have some fun with this,

556
00:30:51,240 --> 00:30:54,720
Speaker 2: probably later in the week. I still think A Christmas

557
00:30:54,800 --> 00:31:00,200
Speaker 2: Story is the greatest Christmas movie, and I put I

558
00:31:00,240 --> 00:31:03,160
Speaker 2: would put Christmas Vacation, I think in second place for

559
00:31:03,280 --> 00:31:07,400
Speaker 2: ones that I can watch all the time. Maybe on Thursday,

560
00:31:07,440 --> 00:31:10,000
Speaker 2: the last day we're hanging out together, we can have

561
00:31:10,080 --> 00:31:11,920
Speaker 2: some fun with Christmas movies.

562
00:31:12,240 --> 00:31:13,800
Speaker 1: I'll be here with you Friday. We got a.

563
00:31:13,720 --> 00:31:18,719
Speaker 2: Special coming to you on Christmas Eve. But I wanted

564
00:31:18,760 --> 00:31:20,680
Speaker 2: to make sure that we did. I don't think we

565
00:31:20,760 --> 00:31:23,760
Speaker 2: mentioned this on the show yesterday, Buck. Kamala Harris says

566
00:31:23,800 --> 00:31:27,760
Speaker 2: she's not done. She says that she is gonna run again.

567
00:31:27,920 --> 00:31:30,240
Speaker 2: She's putting out all the vibes that she's gonna run

568
00:31:30,240 --> 00:31:32,200
Speaker 2: in twenty twenty eight. And I know many of you,

569
00:31:32,440 --> 00:31:36,480
Speaker 2: myself included, are saying, please please let her run again.

570
00:31:36,600 --> 00:31:39,800
Speaker 2: Maybe she's gonna run for governor. Now she would win governor.

571
00:31:39,800 --> 00:31:42,240
Speaker 2: It seems like she would basically clear out all the

572
00:31:42,320 --> 00:31:45,400
Speaker 2: challengers and then that would give her the platform to

573
00:31:45,440 --> 00:31:48,520
Speaker 2: be able to run again. But this is what we

574
00:31:48,720 --> 00:31:52,000
Speaker 2: are not going to be hearing a lot of come January,

575
00:31:52,200 --> 00:31:55,640
Speaker 2: thanks to Trump's big win. But this was Kamala yesterday

576
00:31:55,760 --> 00:31:57,880
Speaker 2: talking to the DNC. Listen to cut ten.

577
00:31:58,240 --> 00:31:59,920
Speaker 6: Our spirit is not defeated.

578
00:32:00,480 --> 00:32:04,040
Speaker 3: We are not defeated. Let's be clear about that.

579
00:32:04,720 --> 00:32:08,320
Speaker 2: We are strong, we are clear about why we are

580
00:32:08,440 --> 00:32:08,760
Speaker 2: in this.

581
00:32:09,360 --> 00:32:12,200
Speaker 3: You're willing to put in the hard work, and that

582
00:32:12,280 --> 00:32:13,960
Speaker 3: work must continue.

583
00:32:14,560 --> 00:32:15,040
Speaker 1: Buck.

584
00:32:17,160 --> 00:32:17,480
Speaker 3: Clay.

585
00:32:17,600 --> 00:32:21,400
Speaker 2: But the spirit's pretty defeated, Let's be honest. She sounds

586
00:32:21,480 --> 00:32:24,320
Speaker 2: like the drum. Somebody made the analogy that Kamala Harris

587
00:32:24,320 --> 00:32:26,520
Speaker 2: sounds like the drunk chick waiting in line at the

588
00:32:26,520 --> 00:32:29,000
Speaker 2: bathroom trying to talk to another woman and tell her

589
00:32:29,000 --> 00:32:31,120
Speaker 2: why she's so much better than the boy she's with

590
00:32:31,240 --> 00:32:34,360
Speaker 2: or whatever else, and I can't every time she talks. Now,

591
00:32:34,880 --> 00:32:37,560
Speaker 2: I think she is the drunk chick at the bar

592
00:32:38,080 --> 00:32:40,400
Speaker 2: trying to have a conversation with someone while you're on

593
00:32:40,440 --> 00:32:43,160
Speaker 2: the way to the bathroom. That is Kamala Harris. And

594
00:32:43,440 --> 00:32:46,000
Speaker 2: I hope she stays in the political arena.

595
00:32:45,760 --> 00:32:47,920
Speaker 1: Because she's a disaster.

596
00:32:48,080 --> 00:32:51,240
Speaker 2: I can't imagine her winning anything outside the state of California.

597
00:32:51,280 --> 00:32:51,880
Speaker 1: I really can't