1 00:00:00,400 --> 00:00:04,080 Speaker 1: Having good life insurance is incredibly important. I know from 2 00:00:04,080 --> 00:00:07,160 Speaker 1: personal experience. I was sixteen when my father passed away. 3 00:00:07,200 --> 00:00:09,600 Speaker 1: We didn't have any money. He didn't leave us in 4 00:00:09,640 --> 00:00:14,000 Speaker 1: the best shape. My mother single mother, now widow, myself 5 00:00:14,080 --> 00:00:15,880 Speaker 1: sixteen trying to figure out how am I going to 6 00:00:15,920 --> 00:00:19,079 Speaker 1: pay for college and lo and behold, my dad had 7 00:00:19,120 --> 00:00:22,320 Speaker 1: one life insurance policy that we found wasn't a lot, 8 00:00:22,640 --> 00:00:25,360 Speaker 1: but it was important at the time, and it's why 9 00:00:25,480 --> 00:00:28,720 Speaker 1: I was able to go to college. Little did he 10 00:00:28,800 --> 00:00:32,560 Speaker 1: know how important that would be in that moment. 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So again that's Ethos 28 00:01:27,480 --> 00:01:32,080 Speaker 1: dot com slash chuck. Application times may vary and the 29 00:01:32,160 --> 00:01:35,319 Speaker 1: rates themselves may vary as well, but trust me, life 30 00:01:35,360 --> 00:01:38,560 Speaker 1: insurance is something you should really think about, especially if 31 00:01:38,600 --> 00:01:44,200 Speaker 1: you've got a growing family. So joining me now to 32 00:01:44,200 --> 00:01:46,720 Speaker 1: talk a little bit of what's going on at the 33 00:01:46,760 --> 00:01:49,480 Speaker 1: Department of Justice, what Supreme Court ruling should we be 34 00:01:50,720 --> 00:01:54,840 Speaker 1: over the next few weeks and few months. And it's 35 00:01:54,840 --> 00:01:58,040 Speaker 1: somebody that I always learn a lot from when I 36 00:01:58,120 --> 00:02:01,320 Speaker 1: either hear her or read her. It is Sarah Isker 37 00:02:01,520 --> 00:02:05,800 Speaker 1: of The Dispatch. She is does a legal podcast, the 38 00:02:05,880 --> 00:02:09,200 Speaker 1: Legal Newsletter. At this point, how involved are you with 39 00:02:09,280 --> 00:02:10,160 Speaker 1: the scotis Blog? 40 00:02:10,480 --> 00:02:13,160 Speaker 2: By the way, I am the editor of Scotus Blog. 41 00:02:13,280 --> 00:02:16,320 Speaker 2: We have a lot of new exciting changes coming out. 42 00:02:16,360 --> 00:02:18,440 Speaker 2: I also have a new book coming out called The 43 00:02:18,560 --> 00:02:22,120 Speaker 2: Last Branch Standing, which will be sort of a fun 44 00:02:22,280 --> 00:02:24,799 Speaker 2: deep dive into the Supreme Court and explainer. So, yeah, 45 00:02:24,840 --> 00:02:25,600 Speaker 2: we're all I think. 46 00:02:25,480 --> 00:02:27,840 Speaker 1: That's cute that you think I think that's cute. You 47 00:02:27,840 --> 00:02:29,400 Speaker 1: think the judicirry branch is standing. 48 00:02:30,240 --> 00:02:33,760 Speaker 2: If you accept that premise, you have to accept that premise. No, 49 00:02:33,840 --> 00:02:35,639 Speaker 2: I mean, the title comes from the idea that it's 50 00:02:35,720 --> 00:02:39,680 Speaker 2: the last branch that the founders would recognize, that Congress 51 00:02:39,760 --> 00:02:42,840 Speaker 2: has sort of disappeared off of. 52 00:02:42,800 --> 00:02:47,480 Speaker 1: The you know, or what the founders thought it would 53 00:02:47,520 --> 00:02:48,640 Speaker 1: be or could be or should be. 54 00:02:49,040 --> 00:02:52,880 Speaker 2: No, And that the presidency, that the sort of enlarged 55 00:02:53,240 --> 00:02:56,280 Speaker 2: tyrannical presidency that they were concerned about, actually has come 56 00:02:56,320 --> 00:02:59,960 Speaker 2: to fruition, but like to an even larger extent than 57 00:03:00,080 --> 00:03:03,000 Speaker 2: they could have imagined because of the administrative state in 58 00:03:03,040 --> 00:03:06,480 Speaker 2: all of these agencies, and the branch that they would recognize, 59 00:03:07,080 --> 00:03:10,560 Speaker 2: for all of its faults and foibles would be the 60 00:03:10,600 --> 00:03:13,760 Speaker 2: Supreme Court. That that looks about right in its current 61 00:03:13,840 --> 00:03:15,240 Speaker 2: role in American government. 62 00:03:17,360 --> 00:03:22,239 Speaker 1: In isolation, is that good? But when you in combination 63 00:03:22,400 --> 00:03:26,520 Speaker 1: with the strengthening and then weakening of the other two branches, 64 00:03:27,120 --> 00:03:27,640 Speaker 1: is that bad. 65 00:03:29,200 --> 00:03:32,720 Speaker 2: So I am very hopeful about this Supreme Court term 66 00:03:32,760 --> 00:03:36,840 Speaker 2: because I think the Supreme Court has an unusual opportunity 67 00:03:37,320 --> 00:03:40,160 Speaker 2: to rebalance the other two branches. When you think about 68 00:03:40,160 --> 00:03:42,760 Speaker 2: the two biggest cases from this term, it's the Tariff 69 00:03:42,800 --> 00:03:46,760 Speaker 2: case and the Slaughter case about independent agencies. 70 00:03:46,680 --> 00:03:50,120 Speaker 1: Right, and both are about executive overreach or executive authority 71 00:03:50,160 --> 00:03:52,240 Speaker 1: depending on your point of view, right. 72 00:03:52,320 --> 00:03:55,000 Speaker 2: And so I think that if you sort of combine 73 00:03:55,040 --> 00:03:57,600 Speaker 2: those cases together, what you could have from the Supreme 74 00:03:57,640 --> 00:04:01,160 Speaker 2: Court are two rulings saying in the ar case, for instance, 75 00:04:01,920 --> 00:04:04,760 Speaker 2: Congress do your job. The President does not have the 76 00:04:04,840 --> 00:04:09,000 Speaker 2: power to go find old, vague statutes and read in, 77 00:04:09,240 --> 00:04:13,880 Speaker 2: you know, sort of new turbocharged powers like we thought, 78 00:04:14,000 --> 00:04:18,600 Speaker 2: for instance, even during the Biden administration, eviction moratorium, vaccine mandate, 79 00:04:18,680 --> 00:04:21,640 Speaker 2: student loan, debt, forgiveness, all things that Congress can do. 80 00:04:22,080 --> 00:04:24,400 Speaker 2: What the Supreme Court said is that the president can't 81 00:04:24,440 --> 00:04:28,200 Speaker 2: sort of conjure those powers from old statutes. We expect 82 00:04:28,200 --> 00:04:32,880 Speaker 2: Congress to actually say that clearly and explicitly. Same with 83 00:04:32,920 --> 00:04:36,359 Speaker 2: the tariff power potentially, and on the flip side, with 84 00:04:36,480 --> 00:04:40,000 Speaker 2: the Slaughter case of independent agencies, they could say, look, 85 00:04:40,200 --> 00:04:43,719 Speaker 2: we're going to give the president. Sorry, look we're going 86 00:04:43,800 --> 00:04:46,920 Speaker 2: to limit the president to the powers that have been 87 00:04:46,960 --> 00:04:51,480 Speaker 2: explicitly given to it from Congress. But also the president 88 00:04:51,720 --> 00:04:54,320 Speaker 2: is in charge of the executive branch. All of those 89 00:04:54,360 --> 00:04:57,040 Speaker 2: powers come directly from him. So we're going to give 90 00:04:57,080 --> 00:05:00,599 Speaker 2: the president more power over the people who execute the laws, 91 00:05:01,040 --> 00:05:05,640 Speaker 2: but give those people a lot less power and make Congress, 92 00:05:05,880 --> 00:05:08,360 Speaker 2: you know, bigger and more accountable to people. 93 00:05:08,680 --> 00:05:12,640 Speaker 1: So he may be able to fire more executive branch employees. 94 00:05:12,920 --> 00:05:15,599 Speaker 1: So the authority over the FED, or the authority over 95 00:05:15,640 --> 00:05:21,479 Speaker 1: the National Labor Relations Board, but what those entities can 96 00:05:21,520 --> 00:05:27,200 Speaker 1: do as regulators will be limited to literally what the 97 00:05:27,240 --> 00:05:31,480 Speaker 1: text of the bill that Congress passed said exactly. 98 00:05:31,560 --> 00:05:32,960 Speaker 2: So you know, if you think of our sort of 99 00:05:33,000 --> 00:05:37,680 Speaker 2: constitutional car and Chief Justice Roberts driving in the front seat, 100 00:05:38,000 --> 00:05:41,320 Speaker 2: he is, you know, looking back and saying, you know, Congress, 101 00:05:41,400 --> 00:05:44,599 Speaker 2: quit breathing on the president, mister President, quit poking Congress, 102 00:05:44,640 --> 00:05:46,760 Speaker 2: or I'm going to turn this constitution right around, like 103 00:05:47,400 --> 00:05:50,080 Speaker 2: really separate the branches, and you know you have to 104 00:05:50,120 --> 00:05:52,599 Speaker 2: put a pillow in between them, so be it. But 105 00:05:52,720 --> 00:05:56,480 Speaker 2: they you know, Congress is legislating, the executive is executing. 106 00:05:56,760 --> 00:05:59,320 Speaker 2: And right now we have this muddle where the president 107 00:05:59,360 --> 00:06:02,800 Speaker 2: has been legislating a little bit too, executing a little bit. 108 00:06:02,839 --> 00:06:07,280 Speaker 2: That's why you have in these independent agencies they are prosecutor, judge, 109 00:06:07,320 --> 00:06:10,479 Speaker 2: fact finder, all of those things. And then you have 110 00:06:10,600 --> 00:06:14,560 Speaker 2: Congress meddling saying, you know, you can't remove all of 111 00:06:14,600 --> 00:06:17,039 Speaker 2: these different people. So that if you, as a voter, 112 00:06:17,720 --> 00:06:19,800 Speaker 2: are thinking this is the most important election of my 113 00:06:19,880 --> 00:06:22,760 Speaker 2: lifetime to vote for president, you think the president actually 114 00:06:22,800 --> 00:06:27,520 Speaker 2: has control over large swaths of the economy that in 115 00:06:27,560 --> 00:06:31,040 Speaker 2: reality he doesn't at all, because Congress has put those 116 00:06:31,080 --> 00:06:33,760 Speaker 2: limitations on his ability to put people in who could 117 00:06:33,760 --> 00:06:35,080 Speaker 2: actually be accountable. 118 00:06:35,920 --> 00:06:39,039 Speaker 1: So I share your optimism that this Supreme Court is 119 00:06:39,160 --> 00:06:41,760 Speaker 1: likely to rule in both of those directions. It's if 120 00:06:41,800 --> 00:06:44,719 Speaker 1: you listen to the arguments, it is where you can 121 00:06:44,800 --> 00:06:48,120 Speaker 1: see I think a six y three or even seven 122 00:06:48,160 --> 00:06:50,440 Speaker 1: to two majority on the teriff authority maybe you know, 123 00:06:50,600 --> 00:06:53,240 Speaker 1: maybe probably not eighty one. It does feel like there 124 00:06:53,240 --> 00:06:56,560 Speaker 1: are two people there that are pretty loyal to the 125 00:06:56,560 --> 00:06:59,920 Speaker 1: president or pretty empathetic to the President's point of view. 126 00:07:00,360 --> 00:07:04,719 Speaker 1: But and then on the probably somewhere lower of five 127 00:07:04,760 --> 00:07:10,240 Speaker 1: four six three on the other one. But let's just contemplate, 128 00:07:10,520 --> 00:07:12,800 Speaker 1: what if you and I are wrong, right, and what 129 00:07:12,880 --> 00:07:20,560 Speaker 1: if this court does give it. How dire do you 130 00:07:20,640 --> 00:07:24,400 Speaker 1: believe that is to the future of the equilibrium between 131 00:07:24,440 --> 00:07:25,200 Speaker 1: the three branches. 132 00:07:27,040 --> 00:07:30,080 Speaker 2: I think the biggest constitutional threat we face right now 133 00:07:30,280 --> 00:07:32,440 Speaker 2: will surprise a lot of people because I actually think 134 00:07:32,440 --> 00:07:35,040 Speaker 2: it is the evaporation of Congress. 135 00:07:35,640 --> 00:07:39,640 Speaker 1: I completely agree. Yeah, the weakening of Congress is weakened 136 00:07:39,680 --> 00:07:42,200 Speaker 1: the democracy absolutely. 137 00:07:42,560 --> 00:07:45,640 Speaker 2: And it's thriving all of the other problems that I 138 00:07:45,640 --> 00:07:48,800 Speaker 2: think people seem more in front of their faces. But 139 00:07:49,280 --> 00:07:52,800 Speaker 2: the you know, presidency on steroids is driven by the 140 00:07:52,840 --> 00:07:56,520 Speaker 2: weakening of Congress because problems pile up and voters are like, 141 00:07:56,600 --> 00:07:59,880 Speaker 2: why isn't anyone doing anything about this? And the President's like, oh, 142 00:08:00,320 --> 00:08:03,200 Speaker 2: I'll try something. He gets the press release, the Rose 143 00:08:03,200 --> 00:08:06,440 Speaker 2: Garden Address, all the activists are like, yay, the president 144 00:08:06,480 --> 00:08:09,800 Speaker 2: helped our side without any compromise, without any of the 145 00:08:09,840 --> 00:08:14,160 Speaker 2: stability of legislation, and then either a court strikes it 146 00:08:14,200 --> 00:08:16,440 Speaker 2: down a couple of years later, not saying that it 147 00:08:16,480 --> 00:08:19,280 Speaker 2: can't be done, just saying that Congress has to do it, 148 00:08:19,280 --> 00:08:22,760 Speaker 2: that a president acting alone can't do it, or four 149 00:08:22,840 --> 00:08:25,239 Speaker 2: years later a new president comes in and it's gone 150 00:08:25,280 --> 00:08:28,560 Speaker 2: on day one. And what's shocking to me is that 151 00:08:28,600 --> 00:08:31,320 Speaker 2: you have this activist class that I think are vital 152 00:08:31,360 --> 00:08:35,360 Speaker 2: to our democracy, totally fine with that that they still 153 00:08:35,480 --> 00:08:38,000 Speaker 2: cheer on when a president does a thing that they like, 154 00:08:38,679 --> 00:08:41,520 Speaker 2: without any regard to the fact that that won't solve 155 00:08:41,559 --> 00:08:44,559 Speaker 2: the problem long term because it's going to be gone. 156 00:08:44,760 --> 00:08:44,880 Speaker 3: Sir. 157 00:08:45,000 --> 00:08:50,439 Speaker 1: That's such an excellent point as how ignorant. Either they're ignorant, naive, 158 00:08:51,440 --> 00:08:56,440 Speaker 1: or they've just given up congressional authority. But if you're 159 00:08:56,480 --> 00:08:59,199 Speaker 1: an activist and you care about these things, the president 160 00:08:59,280 --> 00:09:04,319 Speaker 1: sees the lead important aspect to your goal. It is, 161 00:09:04,400 --> 00:09:08,600 Speaker 1: if you can't get legislation paths to support your what 162 00:09:08,640 --> 00:09:11,760 Speaker 1: you want to get done, a president, all they can 163 00:09:11,800 --> 00:09:15,640 Speaker 1: do is maybe use a tourniquet, right, maybe there's a 164 00:09:15,679 --> 00:09:18,560 Speaker 1: band aid. You know, you can sort of, you know, 165 00:09:18,679 --> 00:09:21,800 Speaker 1: keep an open wound from bleeding. But that's about it. 166 00:09:22,000 --> 00:09:24,000 Speaker 1: You know, you're not going to be able to actually 167 00:09:24,520 --> 00:09:28,720 Speaker 1: have surgery be healed any of those things. And yet 168 00:09:28,720 --> 00:09:34,520 Speaker 1: activities climate CONTINUU continue to want these essentially photo ops 169 00:09:34,840 --> 00:09:37,840 Speaker 1: with presidents rather than solutions out of Congress. 170 00:09:38,960 --> 00:09:41,760 Speaker 2: You think about climate change, the Obama administration has their 171 00:09:41,800 --> 00:09:45,000 Speaker 2: Clean Power Plan that they do again alone, based on 172 00:09:45,040 --> 00:09:49,400 Speaker 2: a vague statute from Congress. The Trump administration comes in, 173 00:09:49,720 --> 00:09:52,920 Speaker 2: gets rid of it. The Biden administration comes in, doesn't 174 00:09:52,960 --> 00:09:55,880 Speaker 2: just reinstitute the Obama one, they have their own. Then 175 00:09:55,880 --> 00:09:58,079 Speaker 2: the Trump administration comes in and gets rid of it. 176 00:09:58,320 --> 00:10:00,680 Speaker 2: This whole time, it's sitting bogged down in the courts 177 00:10:00,720 --> 00:10:04,720 Speaker 2: as well. And if you wanted to actually address climate change, 178 00:10:04,880 --> 00:10:08,400 Speaker 2: you cannot do it in four year increments, and you 179 00:10:08,480 --> 00:10:12,080 Speaker 2: cannot do it with changing every four year policies. You 180 00:10:12,320 --> 00:10:15,120 Speaker 2: have to have congressional legislation. And yes, that means you 181 00:10:15,160 --> 00:10:17,720 Speaker 2: will not get everything you want. That's what I think 182 00:10:17,960 --> 00:10:21,200 Speaker 2: created this problem in the first place is that progressive era. 183 00:10:21,320 --> 00:10:24,199 Speaker 2: And I don't mean progressives, right, I mean the Teddy 184 00:10:24,280 --> 00:10:28,600 Speaker 2: Roosevelt Wilson era. This idea that Congress was so slow 185 00:10:28,880 --> 00:10:32,520 Speaker 2: and compromising, and these dumb dums getting elected to the 186 00:10:32,520 --> 00:10:36,600 Speaker 2: House of Representatives. They don't know anything, and there are 187 00:10:36,679 --> 00:10:41,240 Speaker 2: these answers and truths if only we had experts involved 188 00:10:41,240 --> 00:10:43,880 Speaker 2: to do them. And there's a fundamental failure in that 189 00:10:43,880 --> 00:10:45,959 Speaker 2: that I think we've learned over the last hundred years, 190 00:10:46,080 --> 00:10:49,000 Speaker 2: which is trade offs. And that's what you need self 191 00:10:49,040 --> 00:10:52,560 Speaker 2: representative democracy to do, is to decide those trade offs. 192 00:10:53,400 --> 00:11:01,280 Speaker 1: I get so tired of hearing an activist or a 193 00:11:01,320 --> 00:11:03,960 Speaker 1: do gooder. Sometimes sometimes they're do gooders and sometimes they 194 00:11:04,200 --> 00:11:06,720 Speaker 1: you know, they're out for themselves. But either way they're 195 00:11:06,760 --> 00:11:10,160 Speaker 1: so dismissive of Congress or the average member of Congress. Right, 196 00:11:10,679 --> 00:11:14,080 Speaker 1: and you're just sitting there going, yeah, this is by design, 197 00:11:14,280 --> 00:11:19,600 Speaker 1: jack asss Okay, like the idea is yes, the wisdom 198 00:11:19,720 --> 00:11:23,200 Speaker 1: of the crowd of Congress actually is helpful. Now, Look, 199 00:11:23,360 --> 00:11:26,400 Speaker 1: Congress is broken. It is not very representative of the 200 00:11:26,480 --> 00:11:30,720 Speaker 1: people that elect them. Because, frankly, I think, you know, 201 00:11:31,160 --> 00:11:33,120 Speaker 1: I'll get on one of my hobby horses. I think 202 00:11:33,120 --> 00:11:35,240 Speaker 1: Congress is too small. I think it needs to be 203 00:11:35,280 --> 00:11:39,000 Speaker 1: twice the size. I think congressional districts are way too big. Right, 204 00:11:39,520 --> 00:11:41,720 Speaker 1: the average congressional district is now the size of a 205 00:11:41,760 --> 00:11:45,840 Speaker 1: major city. And there is never there isn't that one. 206 00:11:46,360 --> 00:11:48,840 Speaker 1: The city of Austin is not a single community of interest, 207 00:11:49,679 --> 00:11:51,680 Speaker 1: and yet we are. And that's and they're the fifteenth 208 00:11:51,760 --> 00:11:53,840 Speaker 1: largest city in America, which is about eight hundred thousand people, 209 00:11:53,840 --> 00:11:57,760 Speaker 1: which is about the size of a congressional district if 210 00:11:57,760 --> 00:11:59,800 Speaker 1: you cut it in half, if you went to and 211 00:11:59,840 --> 00:12:01,760 Speaker 1: I think we need a constitutional amendment to sort of 212 00:12:01,800 --> 00:12:06,439 Speaker 1: guarantee a maximum size of a congressional district. I think 213 00:12:06,440 --> 00:12:08,880 Speaker 1: it's point zero zero zero one percent of the population. 214 00:12:08,960 --> 00:12:11,240 Speaker 1: That's what one four hundred would give you right now, 215 00:12:12,280 --> 00:12:14,600 Speaker 1: and one for four hundred would you know that's the 216 00:12:14,600 --> 00:12:17,720 Speaker 1: size of Arlington, Texas well. Guess what Arlington, a suburb 217 00:12:17,880 --> 00:12:20,600 Speaker 1: of Dallas and Fort Worth, strikes me as a community 218 00:12:20,640 --> 00:12:25,240 Speaker 1: of interests And that is ultimately what the goal was 219 00:12:25,280 --> 00:12:28,160 Speaker 1: in creating these congressional districts is that you create communities 220 00:12:28,160 --> 00:12:30,840 Speaker 1: of interest. Sometimes those are by identities, sometimes they are 221 00:12:30,840 --> 00:12:34,240 Speaker 1: by where you live. But you know the definition of 222 00:12:34,240 --> 00:12:37,120 Speaker 1: community of interest. Obviously as a wide you know, you 223 00:12:37,160 --> 00:12:39,240 Speaker 1: can you can sort of drive a truck through it. 224 00:12:39,600 --> 00:12:43,280 Speaker 1: But these districts are too big, so then you only 225 00:12:43,360 --> 00:12:47,280 Speaker 1: need a faction in order to in order to represent them, 226 00:12:47,280 --> 00:12:50,679 Speaker 1: which is why it feels like Congress itself isn't very representative. 227 00:12:51,559 --> 00:12:53,560 Speaker 2: A thousand times yes, and I know you know this, 228 00:12:53,679 --> 00:12:56,320 Speaker 2: but this actually was one of the first amendments that 229 00:12:56,400 --> 00:13:00,320 Speaker 2: was proposed for the Bill of Rights and two. There 230 00:13:00,320 --> 00:13:03,160 Speaker 2: were twelve amendments proposed. Ten of them obviously get ratified, 231 00:13:03,520 --> 00:13:06,880 Speaker 2: one gets ratified later. So actually it's the only one 232 00:13:07,640 --> 00:13:09,800 Speaker 2: that didn't make it in the end, which is sort 233 00:13:09,840 --> 00:13:12,720 Speaker 2: of sad because I think you're exactly right. I think 234 00:13:12,760 --> 00:13:16,080 Speaker 2: there's a few things broken with Congress. One, as you say, 235 00:13:16,200 --> 00:13:20,920 Speaker 2: they're too big. They cannot actually be representative government because 236 00:13:20,960 --> 00:13:23,400 Speaker 2: you can't meet with your constituents. You can't even represent 237 00:13:23,440 --> 00:13:25,319 Speaker 2: your constituents because they're not a community. 238 00:13:25,040 --> 00:13:28,320 Speaker 1: Interest, not near it. When you're near a million, you 239 00:13:28,480 --> 00:13:28,920 Speaker 1: just can't. 240 00:13:29,559 --> 00:13:33,160 Speaker 2: I would probably even increase the size more than two times. 241 00:13:33,200 --> 00:13:35,840 Speaker 2: I think we're probably nearing the three times as large size. 242 00:13:35,840 --> 00:13:38,679 Speaker 2: I think we're in like a twelve hundred type vicinity 243 00:13:38,720 --> 00:13:41,160 Speaker 2: at this point. And yes, that would change all sorts 244 00:13:41,160 --> 00:13:44,000 Speaker 2: of other things about how Congress meets and votes. But 245 00:13:44,120 --> 00:13:47,160 Speaker 2: at this point, again you talk about trade offs. I 246 00:13:47,200 --> 00:13:49,240 Speaker 2: think we are well aware of what the trade offs are, 247 00:13:49,280 --> 00:13:52,000 Speaker 2: and I think the current tradeoff is poor that people 248 00:13:52,040 --> 00:13:55,280 Speaker 2: are not actually represented. There's a few other things, though, 249 00:13:55,280 --> 00:13:57,160 Speaker 2: that have caused this one, as I mentioned, was the 250 00:13:57,200 --> 00:14:00,720 Speaker 2: administrative state. This idea that experts are the sir, and 251 00:14:00,760 --> 00:14:03,560 Speaker 2: that has let Congress off the hook. They can just say, 252 00:14:03,679 --> 00:14:08,839 Speaker 2: like I want the EPA to make clean water law, 253 00:14:09,360 --> 00:14:11,480 Speaker 2: but they don't actually have to make any of those 254 00:14:11,480 --> 00:14:14,400 Speaker 2: tough decisions themselves that would be that they could be 255 00:14:14,400 --> 00:14:18,400 Speaker 2: held politically accountable for, and so the bureaucrat. I'm not 256 00:14:18,520 --> 00:14:20,880 Speaker 2: using that termin a pejorative. What I mean by that 257 00:14:21,040 --> 00:14:25,480 Speaker 2: is a protected person inside of bureaucracy is making decisions 258 00:14:25,480 --> 00:14:28,080 Speaker 2: over what it means to have clean water. And in 259 00:14:28,120 --> 00:14:30,920 Speaker 2: the meantime, a member of Congress, then you know, you 260 00:14:31,000 --> 00:14:35,160 Speaker 2: can't primary them on that they did this trade off poorly, 261 00:14:35,600 --> 00:14:38,480 Speaker 2: that they you know, made it too difficult to build 262 00:14:38,520 --> 00:14:41,120 Speaker 2: new housing, for instance, which is a problem we definitely 263 00:14:41,120 --> 00:14:45,000 Speaker 2: have right now. The third issue I think is campaign 264 00:14:45,000 --> 00:14:48,600 Speaker 2: finance reform. I think part of what we saw. I 265 00:14:48,680 --> 00:14:51,440 Speaker 2: supported BIKRA in two thousand and two, the bipartisan campaign 266 00:14:51,480 --> 00:14:54,400 Speaker 2: reformat that was called McCain Fengel. I thought that sounded 267 00:14:54,440 --> 00:14:56,680 Speaker 2: like a great idea, but I didn't think they're the 268 00:14:56,680 --> 00:15:00,520 Speaker 2: trade offs, Chuck, which were that large job don't parties. 269 00:15:01,000 --> 00:15:06,040 Speaker 2: Destroys destroyed the parties. Large dollar donors weren't representative, But 270 00:15:06,120 --> 00:15:10,520 Speaker 2: you know who's even less representative, small dollar donors. We 271 00:15:10,680 --> 00:15:14,560 Speaker 2: destroyed the two political parties. We've replaced political parties that 272 00:15:14,600 --> 00:15:17,120 Speaker 2: could at least have carrots and sticks for their members. 273 00:15:17,160 --> 00:15:20,560 Speaker 2: They could have policy platforms, they would tend towards moderation 274 00:15:20,680 --> 00:15:22,840 Speaker 2: to represent the most media and voter because they had 275 00:15:22,880 --> 00:15:25,960 Speaker 2: an interest to get to fifty one percent. We replaced 276 00:15:25,960 --> 00:15:28,320 Speaker 2: that with small dollar donors. Only about two percent of 277 00:15:28,320 --> 00:15:32,000 Speaker 2: Americans will ever give a buck to any member of 278 00:15:32,080 --> 00:15:35,800 Speaker 2: anything to run for office. They tend to respond to 279 00:15:36,040 --> 00:15:40,760 Speaker 2: anger and outrage and incendiary stuff, and more importantly, they 280 00:15:40,800 --> 00:15:43,280 Speaker 2: tend to respond to like stuff they see clips of 281 00:15:43,320 --> 00:15:46,040 Speaker 2: on social media. And so members of Congress are no 282 00:15:46,120 --> 00:15:49,440 Speaker 2: longer going to like town halls and rubber chicken dinners. 283 00:15:50,120 --> 00:15:53,960 Speaker 2: They're just all day long posting shit on their reels 284 00:15:54,320 --> 00:15:57,080 Speaker 2: and watching the money come in. And the last thing 285 00:15:57,080 --> 00:16:00,000 Speaker 2: that I know you also care about is leadership change 286 00:16:00,280 --> 00:16:04,560 Speaker 2: in Congress. During Gingrich and Pelosi, they really changed. I 287 00:16:04,560 --> 00:16:06,240 Speaker 2: mean back in the eighties, it would be like a 288 00:16:06,240 --> 00:16:08,840 Speaker 2: household name who the chairman of Ways and Memes was, 289 00:16:08,880 --> 00:16:10,680 Speaker 2: because that was a really powerful job. 290 00:16:11,440 --> 00:16:16,120 Speaker 1: Look, Bob Packwood and Dan Rostenkowski wanted to do tax reform, 291 00:16:16,480 --> 00:16:18,840 Speaker 1: and so did the Reagan White House. The Reagan White 292 00:16:18,880 --> 00:16:22,440 Speaker 1: House didn't work with Senate Majority Leader Bob byrd And 293 00:16:22,920 --> 00:16:26,480 Speaker 1: and Speaker Foley at the time. I believe her Speaker 294 00:16:26,600 --> 00:16:29,040 Speaker 1: right or back then it might have been Speaker O'Neil. 295 00:16:29,080 --> 00:16:31,840 Speaker 1: Even when they did eighty six tax reform. You know, 296 00:16:31,920 --> 00:16:36,120 Speaker 1: Packwood and Rossty called the shots, right they were the 297 00:16:36,480 --> 00:16:39,120 Speaker 1: Packwood was the big Senate Finance This was a Republican 298 00:16:39,160 --> 00:16:44,120 Speaker 1: so this had been Dole's Senate Republican leadership period. But 299 00:16:45,280 --> 00:16:47,000 Speaker 1: they got to call the shot and it wasn't. And 300 00:16:47,080 --> 00:16:49,720 Speaker 1: in fact, remember there was a small period during Obama 301 00:16:49,800 --> 00:16:54,200 Speaker 1: and Obama and Pelosi basically broke it and read. But 302 00:16:54,520 --> 00:16:59,560 Speaker 1: remember when Grassley and Bacchus actually tried to sort of 303 00:17:00,400 --> 00:17:03,600 Speaker 1: flex the muscles of the Senate Finance Committee during a 304 00:17:03,600 --> 00:17:07,200 Speaker 1: healthcare and Bachus and Grassly looked like that they were 305 00:17:07,240 --> 00:17:12,040 Speaker 1: going to sort of be a bulwark in trying to hey, 306 00:17:12,280 --> 00:17:15,960 Speaker 1: let's not let this get partisanized. Let's make sure that 307 00:17:16,280 --> 00:17:18,600 Speaker 1: you know, we run this as the Senate PI. And 308 00:17:18,680 --> 00:17:22,320 Speaker 1: they both had their own legacies in mind and trying 309 00:17:22,359 --> 00:17:25,280 Speaker 1: to see if they could solve healthcare. And then everything 310 00:17:25,320 --> 00:17:28,400 Speaker 1: became partisan, right the town halls happened. Grassy backs off 311 00:17:28,440 --> 00:17:31,119 Speaker 1: because he's afraid of the politics of it. He was 312 00:17:31,280 --> 00:17:33,840 Speaker 1: right about that the politics are going to be bad 313 00:17:33,880 --> 00:17:36,040 Speaker 1: for him, so he got out of the way. Of 314 00:17:36,040 --> 00:17:37,800 Speaker 1: that freight train which would have come for him. He 315 00:17:37,800 --> 00:17:40,439 Speaker 1: wouldn't have won a primary. He'd have gone. I mean, 316 00:17:40,480 --> 00:17:43,199 Speaker 1: if he had been the Republican that signed off on Obamacare, 317 00:17:43,240 --> 00:17:44,840 Speaker 1: you and I both know it. You know, he'd have 318 00:17:44,840 --> 00:17:47,639 Speaker 1: been out of office for the last fifteen years. So 319 00:17:48,440 --> 00:17:52,920 Speaker 1: he wasn't wrong about understanding that. But that was when. 320 00:17:53,280 --> 00:17:55,720 Speaker 1: That was the last time any committee chair and ranking 321 00:17:55,760 --> 00:17:58,680 Speaker 1: member ever flexed muscle. And you haven't seen it since. 322 00:18:00,040 --> 00:18:03,600 Speaker 2: Oh, you have like three people in the House who 323 00:18:03,640 --> 00:18:07,040 Speaker 2: actually can move legislation. I mean, if you want to, I. 324 00:18:07,080 --> 00:18:09,679 Speaker 1: Think it's two. Yeah, I think it's really too I 325 00:18:09,720 --> 00:18:12,320 Speaker 1: just think there's four. I think there are four people 326 00:18:12,840 --> 00:18:16,119 Speaker 1: that run Congress. It's the two leaders of each of 327 00:18:16,160 --> 00:18:20,600 Speaker 1: each chamber. And that's it. Like what committee chair punches 328 00:18:20,640 --> 00:18:22,719 Speaker 1: above their weight anymore? Can you name one? 329 00:18:23,400 --> 00:18:27,359 Speaker 2: And so that leaves us with four hundred and thirty 330 00:18:27,359 --> 00:18:30,320 Speaker 2: three backbenchers. 331 00:18:29,880 --> 00:18:32,920 Speaker 1: Five hundred and thirty one backbenchures. I would argue, I 332 00:18:32,960 --> 00:18:35,280 Speaker 1: think the Senate, if you're not in leadership, what are 333 00:18:35,280 --> 00:18:37,600 Speaker 1: you doing other than raising money on social media? 334 00:18:37,880 --> 00:18:39,840 Speaker 2: Yeah? I mean I would basically say you're you're like 335 00:18:39,880 --> 00:18:42,560 Speaker 2: puppies chewing the furniture like we haven't given them a job, 336 00:18:42,920 --> 00:18:45,960 Speaker 2: and these are working dogs. And you see the result 337 00:18:45,960 --> 00:18:47,800 Speaker 2: of that isn't just that it changes the behavior of 338 00:18:47,800 --> 00:18:51,879 Speaker 2: those in Congress. It changes who is in Congress. And 339 00:18:51,920 --> 00:18:54,880 Speaker 2: the people who actually were interested in legislating have retired 340 00:18:55,119 --> 00:18:57,040 Speaker 2: or left, and the people who. 341 00:18:57,000 --> 00:19:00,159 Speaker 1: You know what, Michael Bennett's ready for governor. Yeah, you 342 00:19:00,200 --> 00:19:03,640 Speaker 1: know exactly, because the Senate doesn't work. And I've been 343 00:19:03,760 --> 00:19:07,280 Speaker 1: I've had a relationship with him for a long time 344 00:19:07,880 --> 00:19:09,720 Speaker 1: because I've worked with this brother very closely at the 345 00:19:09,720 --> 00:19:13,200 Speaker 1: Atlantic back in the day, and so I and you know, 346 00:19:14,040 --> 00:19:16,399 Speaker 1: it frustrated him. He was working with Bob Corker and 347 00:19:16,440 --> 00:19:19,000 Speaker 1: some legislation and then he was told by the Senate 348 00:19:19,000 --> 00:19:22,040 Speaker 1: Democrats leadership, you shouldn't be working with him. And He's 349 00:19:22,119 --> 00:19:24,040 Speaker 1: just like, what the hell am I supposed to be 350 00:19:24,080 --> 00:19:26,640 Speaker 1: doing here? You know, he was like, And Corker got 351 00:19:26,640 --> 00:19:30,320 Speaker 1: the same lecture. Corker was told stop working with Warner 352 00:19:30,359 --> 00:19:35,280 Speaker 1: and Bennett on financial reform. This was back during Dot 353 00:19:35,359 --> 00:19:38,560 Speaker 1: Frank right, and it was like Corker and Warner were 354 00:19:38,600 --> 00:19:41,360 Speaker 1: really into it because they were kind of their own 355 00:19:41,359 --> 00:19:45,120 Speaker 1: little experts on this specific topic. And McConnell and Reid 356 00:19:45,160 --> 00:19:47,560 Speaker 1: were telling them stop helping the other guy, stop working 357 00:19:47,560 --> 00:19:50,359 Speaker 1: with the other guy. It's just crazy what's happened. 358 00:19:51,480 --> 00:19:53,160 Speaker 2: And so, I mean, you think about, like you're running 359 00:19:53,160 --> 00:19:56,280 Speaker 2: in a primary. What's the difference between the guy who 360 00:19:56,400 --> 00:19:58,639 Speaker 2: spent you know, was up all night for weeks and 361 00:19:58,720 --> 00:20:03,439 Speaker 2: weeks writing legislation and to solve healthcare, immigration, you name it, 362 00:20:03,480 --> 00:20:06,639 Speaker 2: some of our biggest problems. That legislation never saw the 363 00:20:06,720 --> 00:20:09,080 Speaker 2: light of day. What's there between that guy and the 364 00:20:09,080 --> 00:20:11,399 Speaker 2: one who sat on Fox News and complained about the 365 00:20:11,400 --> 00:20:14,360 Speaker 2: other side. The guy on Fox News raised more money, 366 00:20:14,440 --> 00:20:17,560 Speaker 2: he wins that primary. And so I've talked to members 367 00:20:18,160 --> 00:20:22,280 Speaker 2: who are coming in and they're not hiring legislative staff anymore. 368 00:20:22,880 --> 00:20:25,480 Speaker 2: They just hire more bookers and more social media peaple. 369 00:20:25,520 --> 00:20:28,120 Speaker 1: Remember when we laughed at Madison Cawthorne when he said 370 00:20:28,160 --> 00:20:30,280 Speaker 1: for his single term in Congress, well, the only thing 371 00:20:30,280 --> 00:20:32,879 Speaker 1: that staff that matters is a communication staff. And we 372 00:20:32,960 --> 00:20:37,600 Speaker 1: all thought, oh, and you're like, he's not wrong, and 373 00:20:37,720 --> 00:20:41,119 Speaker 1: if you're a backbenure member of the House, all that matters. 374 00:20:41,160 --> 00:20:44,040 Speaker 1: I mean, Nancy Mace saw that, and she you know, 375 00:20:44,640 --> 00:20:46,879 Speaker 1: you know she would she made a b line for 376 00:20:46,920 --> 00:20:49,520 Speaker 1: people like me back when I was, you know, seen 377 00:20:49,600 --> 00:20:53,600 Speaker 1: as as as the way in onto television, and that 378 00:20:53,720 --> 00:20:56,200 Speaker 1: was the only reason she had any interest in chatting 379 00:20:56,240 --> 00:20:58,840 Speaker 1: with me to get on TV. It was always about 380 00:20:58,880 --> 00:21:02,040 Speaker 1: getting on TV. And she was not wrong. I mean, 381 00:21:02,080 --> 00:21:05,560 Speaker 1: she's only considered a viable candidate for governor because she 382 00:21:05,640 --> 00:21:09,199 Speaker 1: has such a public presence that she has created for 383 00:21:09,359 --> 00:21:11,879 Speaker 1: so we some of us are a little bit old school, 384 00:21:12,080 --> 00:21:13,720 Speaker 1: probably think, I don't think you have the best public 385 00:21:13,760 --> 00:21:16,600 Speaker 1: persona anymore because of your public presence. And yet has 386 00:21:16,640 --> 00:21:20,960 Speaker 1: that been a total has that totally ended her political career? 387 00:21:21,520 --> 00:21:23,840 Speaker 1: Doesn't look like it, No. 388 00:21:23,680 --> 00:21:25,960 Speaker 2: Because name idea at this point is so important for 389 00:21:26,000 --> 00:21:27,919 Speaker 2: that other reason we mentioned, which is the death of 390 00:21:27,960 --> 00:21:31,320 Speaker 2: the political parties. The political parties would have shut down 391 00:21:31,760 --> 00:21:34,080 Speaker 2: Nancy Mace's ability to do any of that. And look, 392 00:21:34,119 --> 00:21:38,359 Speaker 2: the list is long. Lauren Bobert, Marjorie Taylor Green AOC. 393 00:21:39,760 --> 00:21:42,400 Speaker 2: You know, there's endless numbers of people who would be 394 00:21:42,840 --> 00:21:48,000 Speaker 2: nothing backbenchers with no power, right but for no political 395 00:21:48,040 --> 00:21:50,520 Speaker 2: parties anymore. And by the way, for people listening to 396 00:21:50,560 --> 00:21:53,400 Speaker 2: that who are thinking that makes no sense. Everything's really partisan. 397 00:21:53,720 --> 00:21:56,119 Speaker 1: Aha, Oh it's my favorite riddle. 398 00:21:56,440 --> 00:21:59,640 Speaker 2: Yeah, it's very counterintuitive that we killed off the political 399 00:21:59,680 --> 00:22:03,200 Speaker 2: party and that increase negative polarization. 400 00:22:05,359 --> 00:22:08,000 Speaker 1: Do you hate hangovers, We'll say goodbye to hangovers. Out 401 00:22:08,000 --> 00:22:10,560 Speaker 1: of Office gives you the social buzz without the next 402 00:22:10,600 --> 00:22:13,200 Speaker 1: day regret. They're best selling. Out of Office gummies were designed 403 00:22:13,240 --> 00:22:16,000 Speaker 1: to provide a mild, relaxing buzz, boost your mood, and 404 00:22:16,119 --> 00:22:19,680 Speaker 1: enhance creativity and relaxation. With five different strengths, you can 405 00:22:19,720 --> 00:22:22,200 Speaker 1: tailor the dose to fit your vibe. 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So go to get sold 422 00:23:14,400 --> 00:23:18,680 Speaker 1: dot com use the promo code toodcast. Don't forget that code. 423 00:23:18,800 --> 00:23:27,560 Speaker 1: That's getsold dot Com promo code toodcast for thirty percent off. Well, 424 00:23:27,680 --> 00:23:30,119 Speaker 1: we didn't you know, we have all these relief files 425 00:23:30,119 --> 00:23:32,920 Speaker 1: that we've not opened up. Right, Relief foul Number one 426 00:23:32,960 --> 00:23:36,960 Speaker 1: would be simply expanding Congress, and due to a partisan 427 00:23:37,000 --> 00:23:39,679 Speaker 1: fight nineteen twenty over how many seats to add to 428 00:23:39,720 --> 00:23:42,119 Speaker 1: the House, right, we've shut it down. And that's been 429 00:23:42,200 --> 00:23:45,080 Speaker 1: relief foul, because if you open that relief ful, you'd 430 00:23:45,080 --> 00:23:52,360 Speaker 1: get more ideological, geographic, and ethnic diversity just bye bye, 431 00:23:52,480 --> 00:23:55,960 Speaker 1: by just creating a lot, and you'd probably minimize the 432 00:23:56,040 --> 00:24:00,119 Speaker 1: need to jerrymander, and you'd certainly minimize and you'd also, oh, 433 00:24:00,200 --> 00:24:02,800 Speaker 1: by the way, you'd also fix the electoral college, or 434 00:24:02,840 --> 00:24:04,639 Speaker 1: you wouldn't have to worry about the popular vote in 435 00:24:04,640 --> 00:24:08,760 Speaker 1: the electoral college split splitaring. The reason why we're getting 436 00:24:08,840 --> 00:24:12,760 Speaker 1: more right, it's more common now for the electoral college 437 00:24:13,040 --> 00:24:17,000 Speaker 1: and the and the popular vote to not be have 438 00:24:17,119 --> 00:24:20,080 Speaker 1: the same winner is because these congressional districts, we haven't 439 00:24:20,080 --> 00:24:23,680 Speaker 1: expanded the electoral vote count since Now. 440 00:24:23,560 --> 00:24:27,400 Speaker 3: I never realized that you're exactly right. The denominator keeps 441 00:24:27,400 --> 00:24:30,320 Speaker 3: staying the same even as the population grows, and so 442 00:24:30,359 --> 00:24:33,480 Speaker 3: we get closer divides and the numerator. That's why it 443 00:24:33,560 --> 00:24:34,639 Speaker 3: never happened before. 444 00:24:36,119 --> 00:24:39,640 Speaker 1: Yeah, well, it's like and so we're up to now 445 00:24:39,640 --> 00:24:43,679 Speaker 1: where a Wyoming voter has six times more influence on 446 00:24:43,720 --> 00:24:48,000 Speaker 1: the next president, on the presidential vote than a California voter. Now, 447 00:24:48,160 --> 00:24:50,959 Speaker 1: I think the founders did believe smaller states should have 448 00:24:51,040 --> 00:24:56,879 Speaker 1: a tiny bit more sort of station than the larger states, 449 00:24:56,880 --> 00:24:59,480 Speaker 1: because the larger states just by definition, we're always going 450 00:24:59,560 --> 00:25:03,000 Speaker 1: to get have advantages. So, you know, if you just 451 00:25:03,680 --> 00:25:06,359 Speaker 1: used my denominator and went to you know, one perform 452 00:25:06,400 --> 00:25:08,800 Speaker 1: one thousand, you'd have about eight somewhere about eight hundred 453 00:25:08,800 --> 00:25:12,919 Speaker 1: and seventy five to little under nine hundred members of Congress. 454 00:25:13,320 --> 00:25:15,639 Speaker 1: A Wyoming voter would still have two and a half 455 00:25:15,760 --> 00:25:19,920 Speaker 1: times more voting power for president than a California voter. 456 00:25:20,119 --> 00:25:21,720 Speaker 1: That's a hell of a lot better than six x. 457 00:25:22,840 --> 00:25:25,159 Speaker 2: Yeah, and look, I'm actually pretty in favor of the 458 00:25:25,160 --> 00:25:27,400 Speaker 2: electoral college and think that the reasons that we have 459 00:25:27,480 --> 00:25:31,320 Speaker 2: it are and were important, but we have done everything 460 00:25:31,320 --> 00:25:34,879 Speaker 2: in our power to dismantle its. Main reason for it. 461 00:25:35,680 --> 00:25:37,159 Speaker 1: I was just going to say, the whole point of 462 00:25:37,200 --> 00:25:44,159 Speaker 1: it was in case we the people elected basically a 463 00:25:44,240 --> 00:25:49,720 Speaker 1: crook okay, and elected somebody who was or or worse right, 464 00:25:49,880 --> 00:25:54,800 Speaker 1: elected somebody who was basically in in you know, in 465 00:25:54,960 --> 00:25:57,760 Speaker 1: cahoots with another with a foreign power. Right, which is 466 00:25:57,880 --> 00:26:00,920 Speaker 1: which is the real That's what the founders worried about. 467 00:26:01,080 --> 00:26:03,560 Speaker 1: They worried about that. The whole point electoral college, I 468 00:26:03,600 --> 00:26:06,520 Speaker 1: think was about worrying about that that essentially, and back 469 00:26:06,560 --> 00:26:10,320 Speaker 1: then the form power we were concerned about were the British. 470 00:26:10,400 --> 00:26:14,440 Speaker 2: Yeah, I'm still in the I hold a lot of 471 00:26:14,640 --> 00:26:17,840 Speaker 2: animosity toward the British and George the Third in particular. 472 00:26:17,880 --> 00:26:19,680 Speaker 2: I was giving a speech in London a couple of 473 00:26:19,720 --> 00:26:22,000 Speaker 2: months ago and made a joke about that, and I 474 00:26:22,080 --> 00:26:22,879 Speaker 2: got no less. 475 00:26:23,720 --> 00:26:26,320 Speaker 1: So we have forgotten about our anger at King George, 476 00:26:26,359 --> 00:26:27,440 Speaker 1: haven't we? It's too great? 477 00:26:27,600 --> 00:26:29,639 Speaker 2: I mean, have you been watching. Did you watch the 478 00:26:29,720 --> 00:26:31,320 Speaker 2: ken Burns American Revolution? 479 00:26:31,520 --> 00:26:33,600 Speaker 1: I am in, I am watching, I am in the 480 00:26:33,720 --> 00:26:36,440 Speaker 1: I am in the midst of it. Yeah, it's it's 481 00:26:36,760 --> 00:26:41,119 Speaker 1: I think he's doing. Look talk about okay, ken Burns, 482 00:26:41,400 --> 00:26:46,600 Speaker 1: you have somehow avoided the culture war polarization. Let's see 483 00:26:46,600 --> 00:26:48,280 Speaker 1: you pull this one off. You're going to do the 484 00:26:48,320 --> 00:26:52,159 Speaker 1: American Revolution? Good luck, brother, I think he's pulling. It's 485 00:26:52,200 --> 00:26:57,400 Speaker 1: funny either. Ken Burns has enough sort of capital right 486 00:26:57,560 --> 00:26:59,640 Speaker 1: for what he did with the Civil War. I mean 487 00:27:00,200 --> 00:27:03,400 Speaker 1: he did the Civil War, he did baseball at Jackie. 488 00:27:03,920 --> 00:27:08,800 Speaker 1: He's handled some of these cultural hot potatoes in other 489 00:27:09,000 --> 00:27:12,119 Speaker 1: times so so well that you know. And at the 490 00:27:12,160 --> 00:27:15,960 Speaker 1: same time he's not hidden his own politics, if you will, 491 00:27:16,080 --> 00:27:19,720 Speaker 1: his own concerns about you know, I frankly feel like 492 00:27:20,640 --> 00:27:22,920 Speaker 1: we have such you know, we're not just divided left 493 00:27:22,920 --> 00:27:25,320 Speaker 1: and right. I think we're divided. Are you a constitutionalist 494 00:27:25,760 --> 00:27:29,800 Speaker 1: or are you are you for something you know different right, 495 00:27:29,840 --> 00:27:34,159 Speaker 1: a direct democracy or something you know not familiar to 496 00:27:34,240 --> 00:27:36,840 Speaker 1: those of us that are that. Do frankly worship this 497 00:27:36,920 --> 00:27:40,479 Speaker 1: Constitution And I, I borderline say I do in that. 498 00:27:40,560 --> 00:27:43,280 Speaker 1: I don't think it's perfect, but I think we created 499 00:27:43,359 --> 00:27:46,119 Speaker 1: as good of a system in a free democratic society 500 00:27:46,160 --> 00:27:48,679 Speaker 1: as you can come up with. And the Constitution is 501 00:27:48,720 --> 00:27:51,639 Speaker 1: a really good ballast if we know how to amend 502 00:27:51,640 --> 00:27:53,280 Speaker 1: it and if we know how to use the tools. 503 00:27:53,640 --> 00:27:56,199 Speaker 1: But we have these weird divides in that, and I 504 00:27:56,280 --> 00:27:59,119 Speaker 1: have to say, boy can good good luck? But it 505 00:27:59,160 --> 00:28:01,480 Speaker 1: looks like so far are I feel like he is? 506 00:28:02,720 --> 00:28:05,719 Speaker 1: I feel like he is. If you're a sixty nineteen person, 507 00:28:05,800 --> 00:28:08,760 Speaker 1: you're a seventeen seventy six person, you can't sit here 508 00:28:08,760 --> 00:28:11,360 Speaker 1: and say he didn't hear you? How's that? 509 00:28:12,920 --> 00:28:15,040 Speaker 2: I think? So it's so funny. You and I went 510 00:28:15,080 --> 00:28:18,679 Speaker 2: into it with the same like. 511 00:28:17,440 --> 00:28:17,639 Speaker 3: I know. 512 00:28:17,760 --> 00:28:20,560 Speaker 1: I was nervous, shit go ahead, oh no, oh no, 513 00:28:20,600 --> 00:28:22,879 Speaker 1: I don't know how's it gonna look? I mean, you know, 514 00:28:22,960 --> 00:28:25,679 Speaker 1: even if I agree, like, are people going to like 515 00:28:25,720 --> 00:28:26,679 Speaker 1: cancel him? Here we go? 516 00:28:27,320 --> 00:28:31,119 Speaker 2: And I was obsessed with the Civil War documentary, but 517 00:28:31,280 --> 00:28:33,439 Speaker 2: we had the cassette tapes and I would listen to 518 00:28:33,480 --> 00:28:36,040 Speaker 2: it on the way to school. I played viola for 519 00:28:36,080 --> 00:28:39,880 Speaker 2: a long time and I learned by ear Ashritan Farewell, 520 00:28:40,080 --> 00:28:42,200 Speaker 2: the like main you know theme song that they wrote 521 00:28:42,240 --> 00:28:45,360 Speaker 2: for that Like I'm It was my audition piece for 522 00:28:45,680 --> 00:28:50,120 Speaker 2: you know, the Houston Civic Symphony. Okay, So I go 523 00:28:50,160 --> 00:28:54,960 Speaker 2: into this like loving American history documentaries, thinking Ken Burns 524 00:28:54,960 --> 00:28:57,200 Speaker 2: does a great job. I'm scared to death for him 525 00:28:57,200 --> 00:29:02,680 Speaker 2: that he has chosen to do this. I totally agree 526 00:29:02,720 --> 00:29:07,440 Speaker 2: with you, especially at the beginning where you need to 527 00:29:07,520 --> 00:29:11,160 Speaker 2: establish your credibility for the documentary. I thought he nailed it. 528 00:29:11,480 --> 00:29:14,719 Speaker 2: Not to mention Damian Lewis as George the Third and 529 00:29:14,760 --> 00:29:19,720 Speaker 2: Mandy Patankn as Ben Franklin and Claire Danes as Abigail Adams, 530 00:29:19,760 --> 00:29:23,400 Speaker 2: It's like the cast from Homeland is doing the American Revolution. 531 00:29:23,800 --> 00:29:27,240 Speaker 2: I mean there's a lot to love there. You know, 532 00:29:27,360 --> 00:29:31,440 Speaker 2: in episodes like as you get later into it, it 533 00:29:31,480 --> 00:29:36,520 Speaker 2: gets his biases, isn't even the right way his. 534 00:29:36,480 --> 00:29:40,880 Speaker 1: Passions just a little bit more of what his focus 535 00:29:41,040 --> 00:29:41,640 Speaker 1: wants to be on. 536 00:29:42,000 --> 00:29:44,920 Speaker 2: Yes, but you know what I got to tell you, Like, 537 00:29:45,120 --> 00:29:49,600 Speaker 2: I'm I'm very conservative, not in the political dynamic we 538 00:29:49,680 --> 00:29:52,400 Speaker 2: have right now right or left right, but as you say, 539 00:29:52,480 --> 00:29:55,000 Speaker 2: like sort of constitution worshiping American history. 540 00:29:55,000 --> 00:29:58,040 Speaker 1: I consider myself I call myself a small sea conservative. 541 00:29:58,440 --> 00:30:00,520 Speaker 1: I don't want to be, you know, And I'm also 542 00:30:00,560 --> 00:30:03,480 Speaker 1: a small l liberal. I believe in liberal democracy, and 543 00:30:03,520 --> 00:30:06,440 Speaker 1: I'm a small conservative about how you enact power. Like 544 00:30:06,720 --> 00:30:09,320 Speaker 1: I think if you're going to change the if you're 545 00:30:09,320 --> 00:30:11,280 Speaker 1: going to try to get three hundred and fifty million 546 00:30:11,280 --> 00:30:13,360 Speaker 1: people to follow a law, yeah, goddamn right, it's going 547 00:30:13,400 --> 00:30:15,760 Speaker 1: to take a long time to pass. And I think 548 00:30:15,800 --> 00:30:18,360 Speaker 1: a lot of people have to look at that long. Yeah. 549 00:30:18,600 --> 00:30:21,960 Speaker 2: Yeah. Like I'm a free speech lunatic and a burkiean 550 00:30:22,080 --> 00:30:25,000 Speaker 2: minimalist who thinks Edmund Burke like should be worshiped among 551 00:30:25,000 --> 00:30:25,600 Speaker 2: our founders. 552 00:30:26,560 --> 00:30:29,320 Speaker 1: Who is our party, Sarah, I don't have a I mean, 553 00:30:29,360 --> 00:30:33,640 Speaker 1: I sider where is this party? Right? I keep you 554 00:30:33,640 --> 00:30:38,720 Speaker 1: know I've got I'm sure you've been chatty with people 555 00:30:38,800 --> 00:30:41,120 Speaker 1: that mess around with The Forward Party has a lot 556 00:30:41,160 --> 00:30:44,680 Speaker 1: sort of excommunicated left and right over there, and it's like, 557 00:30:44,920 --> 00:30:46,400 Speaker 1: I think they kind of want to be the party 558 00:30:46,440 --> 00:30:48,680 Speaker 1: for these people, but at the same time they're also like, well, 559 00:30:48,720 --> 00:30:50,880 Speaker 1: we can't stand for too much yet you know, I. 560 00:30:50,880 --> 00:30:54,320 Speaker 2: Know they stand. Yeah, I mean, we should talk third parties, 561 00:30:54,360 --> 00:30:57,600 Speaker 2: but here just on the ken burnstin for my biases, 562 00:30:57,640 --> 00:31:01,959 Speaker 2: and they are biases. I've learned a lot watching it, 563 00:31:02,120 --> 00:31:04,240 Speaker 2: and I don't think there's any higher compliment that I 564 00:31:04,280 --> 00:31:05,040 Speaker 2: can give than that. 565 00:31:06,280 --> 00:31:08,440 Speaker 1: Do you do Death by Lightning? Oh? 566 00:31:08,520 --> 00:31:11,240 Speaker 2: Yes, I did, because that's one of my beat reads 567 00:31:11,240 --> 00:31:14,800 Speaker 2: that I recommend to people, which is Destiny of the 568 00:31:14,840 --> 00:31:19,200 Speaker 2: Republic by Candace Millard about the assassination of James Garfield 569 00:31:19,760 --> 00:31:23,960 Speaker 2: in eighteen eighty four. It's such a great botter. 570 00:31:24,280 --> 00:31:26,520 Speaker 1: I think there's a better version of the book out there. 571 00:31:27,240 --> 00:31:30,040 Speaker 1: I dare that's Republic, I know, But there's one called 572 00:31:30,120 --> 00:31:32,840 Speaker 1: dark Horse. It's by a gentleman named Ken Ackerman, a 573 00:31:32,920 --> 00:31:36,000 Speaker 1: former Senate staffer, which is what I love about it. 574 00:31:36,000 --> 00:31:39,400 Speaker 1: It's a classic sort of one of us. Okay, and 575 00:31:39,800 --> 00:31:42,520 Speaker 1: I'll you know, he was a total passion project and 576 00:31:42,560 --> 00:31:45,240 Speaker 1: it didn't get It's really well done. He spends a 577 00:31:45,240 --> 00:31:48,560 Speaker 1: lot more time on some of the politics of the 578 00:31:48,600 --> 00:31:52,080 Speaker 1: Republican Party, a lot more on Roscoe Conkling, a lot 579 00:31:52,120 --> 00:31:55,000 Speaker 1: more on that. So there's and you get. I mean, 580 00:31:55,200 --> 00:31:57,480 Speaker 1: it's two books in one. He tries to do everything. 581 00:31:57,720 --> 00:32:01,840 Speaker 1: Look what Candace Millard did was made it a story. Okay, 582 00:32:02,000 --> 00:32:06,080 Speaker 1: she told a great story, which makes it I'll be honest, 583 00:32:06,120 --> 00:32:09,400 Speaker 1: and I have my own I done. I've already expressed 584 00:32:09,440 --> 00:32:12,440 Speaker 1: this to my podcast listening and hear me again, I 585 00:32:12,440 --> 00:32:15,680 Speaker 1: felt I felt like we got the cliff notes version 586 00:32:16,080 --> 00:32:19,040 Speaker 1: and that there was I'm sorry Netflix only allowed them 587 00:32:19,080 --> 00:32:21,840 Speaker 1: to do four episodes. It's worthy of eight to ten 588 00:32:21,880 --> 00:32:25,720 Speaker 1: episodes to truly understand the era and like it. Really, 589 00:32:26,480 --> 00:32:29,640 Speaker 1: you know, they just sort of I mean, Roscoe Conkling 590 00:32:30,760 --> 00:32:34,200 Speaker 1: is a simpleton in this in the way they paint him, 591 00:32:34,400 --> 00:32:37,760 Speaker 1: but he was fairly savvy. I mean, this guy was 592 00:32:37,840 --> 00:32:41,320 Speaker 1: McConnell and Pelosi of his day. And you know, he 593 00:32:41,400 --> 00:32:47,520 Speaker 1: was also absolutely a rabbit abolitionist and very pro reconstruction. 594 00:32:48,240 --> 00:32:51,600 Speaker 1: And there's this great scene in a book I read 595 00:32:51,600 --> 00:32:54,800 Speaker 1: about Blanche Bruce who's vaguely touched on in the in 596 00:32:54,880 --> 00:32:59,480 Speaker 1: Death by Lightning, where Blanche Bruce, African American senator from Mississippi, 597 00:33:00,240 --> 00:33:03,840 Speaker 1: his fellow Mississippi senator won't walk with him for the 598 00:33:03,880 --> 00:33:06,360 Speaker 1: opening of Congress, which is a very which was the 599 00:33:06,400 --> 00:33:09,160 Speaker 1: tradition the two senators from the same state wouldn't do 600 00:33:09,200 --> 00:33:12,560 Speaker 1: it because Mississippi was starting to turn on what was happening, 601 00:33:12,560 --> 00:33:17,480 Speaker 1: turn against reconstruction, right, you know, And anyway, you know 602 00:33:17,480 --> 00:33:20,520 Speaker 1: who walked with him, Roscoe Conclic, you know. So, I 603 00:33:20,520 --> 00:33:22,959 Speaker 1: mean it was just sort of like Conkling is a 604 00:33:23,000 --> 00:33:27,000 Speaker 1: complicated figure. He is absolutely a machine boss, all of 605 00:33:27,000 --> 00:33:30,080 Speaker 1: those things. But they painted everything was done in a 606 00:33:30,200 --> 00:33:34,680 Speaker 1: very simplified way of painting everybody, and I'm just sort 607 00:33:34,680 --> 00:33:37,000 Speaker 1: of I'm glad it was popular. I hope this encourages 608 00:33:37,040 --> 00:33:41,000 Speaker 1: Netflix to allow the creators to have done. My guess 609 00:33:41,080 --> 00:33:45,480 Speaker 1: is they truncated an eight to ten episode series into 610 00:33:45,480 --> 00:33:48,200 Speaker 1: four episodes because they didn't think our Field was a draw. 611 00:33:48,600 --> 00:33:50,719 Speaker 1: And it turns out now people are digging this and 612 00:33:50,720 --> 00:33:53,400 Speaker 1: it did really well, so hopefully they won't do that again. 613 00:33:54,360 --> 00:33:56,520 Speaker 2: Okay, so here's by the way, I said eighteen eighty four, 614 00:33:56,560 --> 00:33:59,160 Speaker 2: I meant eighteen eighty one, the eighteen eighty election. He 615 00:33:59,200 --> 00:34:02,520 Speaker 2: gets assassinated eighteen eighty one, because I was anticipating my 616 00:34:02,600 --> 00:34:07,120 Speaker 2: next question to you. So, okay, my book, my reading 617 00:34:07,200 --> 00:34:12,719 Speaker 2: list starts with Manhunt, which is the search for John 618 00:34:12,760 --> 00:34:15,400 Speaker 2: Wilkes Booth, because I think it shows you quite a 619 00:34:15,400 --> 00:34:19,440 Speaker 2: bit about Andrew Johnson. Now, they also turned that into 620 00:34:19,560 --> 00:34:23,839 Speaker 2: a Netflix series, which is very different than the book. 621 00:34:24,080 --> 00:34:27,279 Speaker 1: Very different. But I thought they you know, I thought 622 00:34:27,280 --> 00:34:29,319 Speaker 1: it was going to capture it. Well, here's what I 623 00:34:29,320 --> 00:34:32,920 Speaker 1: do appreciate that manhuntd is you know we have. You know, 624 00:34:33,200 --> 00:34:36,879 Speaker 1: sometimes we overly simplify history as we teach it right, 625 00:34:37,440 --> 00:34:41,600 Speaker 1: and we have over time the Lincoln assassination has just 626 00:34:41,600 --> 00:34:44,880 Speaker 1: been about Lincoln when it was an actual conspiracy to 627 00:34:44,880 --> 00:34:48,000 Speaker 1: get rid of Lincoln. Johnson and the Secretary of State 628 00:34:48,840 --> 00:34:52,279 Speaker 1: at the time, and the fact that Seward, sorry, I 629 00:34:52,320 --> 00:34:55,160 Speaker 1: was blanking, so I was waiting for my brain to 630 00:34:55,200 --> 00:34:57,960 Speaker 1: catch up, and so I appreciated that. We sort of 631 00:34:58,040 --> 00:35:00,600 Speaker 1: It's like my pet peeve about how we teach War One. 632 00:35:00,840 --> 00:35:02,799 Speaker 1: We only teach it through the prism of Germany. We 633 00:35:02,880 --> 00:35:05,080 Speaker 1: never teach the fall of the Ottoman Empire, which is 634 00:35:05,120 --> 00:35:07,240 Speaker 1: what's created the Middle East mess that we are still 635 00:35:08,080 --> 00:35:10,879 Speaker 1: dealing with today. But we don't teach history that way. 636 00:35:10,920 --> 00:35:12,920 Speaker 1: We only teach it World War One through the prison 637 00:35:12,960 --> 00:35:16,200 Speaker 1: of Germany, and we only teach the booth part of 638 00:35:16,200 --> 00:35:19,880 Speaker 1: the assassination. Well, he was one part of a larger conspiracy, 639 00:35:19,880 --> 00:35:23,200 Speaker 1: but this was a large conspiracy of the Confederacy against 640 00:35:23,200 --> 00:35:26,280 Speaker 1: the United States, and Andrew Johnson essentially shut it down, 641 00:35:27,120 --> 00:35:30,360 Speaker 1: you know, shut down what would have been a probably 642 00:35:30,400 --> 00:35:35,360 Speaker 1: a bigger deal investigation had we truly embraced it the 643 00:35:35,360 --> 00:35:36,160 Speaker 1: way it should have been. 644 00:35:37,160 --> 00:35:40,440 Speaker 2: The past is never dead, it's not even past. Okay, 645 00:35:40,600 --> 00:35:43,120 Speaker 2: So you start with Manhunts. I then think you can 646 00:35:43,160 --> 00:35:48,239 Speaker 2: do some Grant autobiography. Then I go to William Rehnquist's 647 00:35:48,760 --> 00:35:52,400 Speaker 2: Centennial Crisis about the seventeen seventy how many? Seven seventy? 648 00:35:52,560 --> 00:35:55,080 Speaker 1: How many? Let me stop you in eighteen seventy three. 649 00:35:55,120 --> 00:35:57,960 Speaker 1: First of all, what did you we just glossed over? 650 00:35:58,000 --> 00:36:00,399 Speaker 1: You said you could do a Grant memoir. I hear 651 00:36:00,400 --> 00:36:06,879 Speaker 1: you on that. What'd you think of? Oh yeah, haven't 652 00:36:06,920 --> 00:36:09,960 Speaker 1: got it. I did it last summer. I finally did 653 00:36:10,000 --> 00:36:13,520 Speaker 1: it last summer. It's really worth it. I learned all 654 00:36:13,600 --> 00:36:15,920 Speaker 1: sorts of stuff that I didn't realize. How close the 655 00:36:15,960 --> 00:36:21,359 Speaker 1: Dominican Republic came to being a state, how close we 656 00:36:21,400 --> 00:36:24,759 Speaker 1: came to how the Republicans in Congress were trying to 657 00:36:25,080 --> 00:36:29,560 Speaker 1: essentially extract Canada as reparations for the UK helping the South. 658 00:36:30,719 --> 00:36:35,120 Speaker 1: That was another little interesting story. And Grant was obsessed 659 00:36:35,200 --> 00:36:38,000 Speaker 1: with the Dominican because it was a deep seaport, it 660 00:36:38,080 --> 00:36:40,640 Speaker 1: was going to be a first and so there was 661 00:36:40,640 --> 00:36:42,400 Speaker 1: some thought, and in fact, there was some thought of 662 00:36:42,440 --> 00:36:46,319 Speaker 1: making it essentially the first black state, the first non 663 00:36:46,400 --> 00:36:50,760 Speaker 1: white state. Was there was some thought to that anyway, 664 00:36:50,800 --> 00:36:53,279 Speaker 1: there's just a lot of interesting It's very sympathetic to 665 00:36:53,320 --> 00:36:55,640 Speaker 1: Grant that basically he was used by a lot of 666 00:36:55,640 --> 00:36:58,200 Speaker 1: people who used him, which I buy a little bit. 667 00:36:58,280 --> 00:37:00,960 Speaker 1: But there was a little bit of celebrity rifter off 668 00:37:01,000 --> 00:37:04,200 Speaker 1: of him more than it was about him. 669 00:37:04,440 --> 00:37:09,200 Speaker 2: Yeah, I mean, Grant's Grant's one of those really interesting figures. 670 00:37:09,239 --> 00:37:13,440 Speaker 2: If you want to study the presidency as well, we're 671 00:37:13,480 --> 00:37:16,640 Speaker 2: about to go through sort of a well, this is 672 00:37:16,640 --> 00:37:18,920 Speaker 2: my point to you, like, the whole end of the 673 00:37:19,040 --> 00:37:21,359 Speaker 2: nineteenth century is kind of a weird time for the 674 00:37:21,360 --> 00:37:22,520 Speaker 2: office of the presidency. 675 00:37:23,320 --> 00:37:25,400 Speaker 1: I completely look. The fact is it sounds like you 676 00:37:25,440 --> 00:37:27,000 Speaker 1: and I are about to geek out on the same thing. 677 00:37:27,200 --> 00:37:31,959 Speaker 1: I'm obsessed with this period essentially of Grant through really 678 00:37:32,000 --> 00:37:35,160 Speaker 1: Grant through Hearting. I could I could go all the 679 00:37:35,200 --> 00:37:38,120 Speaker 1: way through, because I think it is the case of 680 00:37:38,200 --> 00:37:40,359 Speaker 1: history rhyming. Right, we were moving from a Grant, we 681 00:37:40,360 --> 00:37:45,279 Speaker 1: were industrializing. It's essentially as the railroads were beginning, and 682 00:37:45,640 --> 00:37:47,919 Speaker 1: we're in a similar period. Right, you could probably back 683 00:37:47,960 --> 00:37:50,239 Speaker 1: it up to the beginning of the internet, but we've 684 00:37:50,280 --> 00:37:53,680 Speaker 1: been beginning of the Internet is essentially the railroads, and 685 00:37:53,719 --> 00:37:57,480 Speaker 1: then you know, striking oil, and that industrialization is essentially 686 00:37:58,320 --> 00:38:03,080 Speaker 1: AI and social media, and we're really experiencing almost a 687 00:38:03,160 --> 00:38:10,360 Speaker 1: parallel set of challenges from the late twentieth early twenty first, 688 00:38:10,560 --> 00:38:11,920 Speaker 1: late nineteenth, early twentieth. 689 00:38:12,800 --> 00:38:15,560 Speaker 2: And so my question to you is I drop off 690 00:38:15,680 --> 00:38:20,040 Speaker 2: basically with the eighteen eighty election with Garfield of Destiny 691 00:38:20,080 --> 00:38:22,640 Speaker 2: of the Republic. By the way, that you should read 692 00:38:22,680 --> 00:38:26,160 Speaker 2: Centennial Crisis by William Renquist. Listeners, it is the Chief 693 00:38:26,280 --> 00:38:27,640 Speaker 2: Justice of the United States. 694 00:38:28,120 --> 00:38:31,080 Speaker 1: Why his book over the others. I've read four different 695 00:38:31,200 --> 00:38:33,839 Speaker 1: versions of eighteen seventy. Of the eighteen seventy six, Brett 696 00:38:33,840 --> 00:38:37,839 Speaker 1: Behar wrote one, a couple other historians wrote one, there 697 00:38:37,880 --> 00:38:42,320 Speaker 1: was the Renquist one. I will just put it this way, 698 00:38:42,640 --> 00:38:47,640 Speaker 1: whatever your party bias is today as an author is 699 00:38:47,719 --> 00:38:50,799 Speaker 1: what is applied to the conclusion drawn by those with 700 00:38:50,880 --> 00:38:54,840 Speaker 1: the eighteenth seventy six. It's funny to me, ultimately everybody 701 00:38:54,880 --> 00:38:57,760 Speaker 1: agrees on most of the set of facts. But what's 702 00:38:57,760 --> 00:39:01,360 Speaker 1: interesting is I think the bias of the author dictates 703 00:39:01,400 --> 00:39:06,680 Speaker 1: whether you believe the vote counts. In the South, We're 704 00:39:06,800 --> 00:39:09,640 Speaker 1: either unfair to the Republicans or unfair to the Democrats. 705 00:39:10,200 --> 00:39:13,600 Speaker 2: What I like about the Ranquist book is that you're 706 00:39:13,640 --> 00:39:16,279 Speaker 2: getting a two fer, right. You're basically getting him to 707 00:39:16,400 --> 00:39:19,080 Speaker 2: talk about Bush by Gore, but he can't talk about 708 00:39:19,120 --> 00:39:21,319 Speaker 2: Bush b Gore, and so you're doing it through this 709 00:39:21,400 --> 00:39:27,920 Speaker 2: eighteen seventy six lens and it's so short, so it's 710 00:39:28,040 --> 00:39:29,920 Speaker 2: this tiny little book that you can flip through in 711 00:39:29,960 --> 00:39:35,000 Speaker 2: a night. And Reanquist also writes The Centennial Crisis. After 712 00:39:35,080 --> 00:39:39,440 Speaker 2: he's written Grand Inquisitions, he writes grand inquisitions about impeachment 713 00:39:40,400 --> 00:39:44,319 Speaker 2: and about the impeachment of Justice Chase, which I'm totally like. 714 00:39:44,440 --> 00:39:46,640 Speaker 2: That is my obsession right now, is the eighteen oh 715 00:39:46,680 --> 00:39:50,040 Speaker 2: five impeachment of Chase. And he writes about the impeachment 716 00:39:50,200 --> 00:39:54,920 Speaker 2: of Andrew Johnson, which is so fun because he writes 717 00:39:54,960 --> 00:39:58,680 Speaker 2: that before the impeachment of Bill Clinton, so he's about 718 00:39:58,719 --> 00:40:02,680 Speaker 2: to be oversea the second impeachment in the history of 719 00:40:02,680 --> 00:40:05,279 Speaker 2: the United States of a president and he doesn't know 720 00:40:05,320 --> 00:40:08,800 Speaker 2: it when he's writing that book, which is such a 721 00:40:08,880 --> 00:40:11,359 Speaker 2: fun read, and so you all that is a good boy. 722 00:40:11,440 --> 00:40:13,960 Speaker 1: I have not thought about going back to that Johnson 723 00:40:14,239 --> 00:40:17,120 Speaker 1: impeachment book and reading that through the prism with that 724 00:40:17,160 --> 00:40:17,520 Speaker 1: in mind. 725 00:40:17,560 --> 00:40:19,240 Speaker 2: Oh my god, it's so great. 726 00:40:19,680 --> 00:40:20,600 Speaker 1: That's a great thought. 727 00:40:21,760 --> 00:40:24,000 Speaker 2: But by the way, the impeachment of Samuel Chase. Samuel 728 00:40:24,040 --> 00:40:27,120 Speaker 2: Chase was a justice on the Supreme Court during John 729 00:40:27,160 --> 00:40:31,560 Speaker 2: Marshall's time. Jefferson decides the Supreme Court isn't voting his 730 00:40:31,680 --> 00:40:35,560 Speaker 2: way on a bunch of his pet projects. Chase is. 731 00:40:37,400 --> 00:40:40,040 Speaker 2: He's a very partisan justice. There's no question about that. 732 00:40:40,320 --> 00:40:43,400 Speaker 2: The Supreme Court's term is delayed because he's out campaigning 733 00:40:43,440 --> 00:40:47,319 Speaker 2: for John Adams against Thomas Jefferson in that Battle of 734 00:40:47,360 --> 00:40:50,319 Speaker 2: eighteen hundred. That's of course in the musical Hamilton. And 735 00:40:50,320 --> 00:40:52,640 Speaker 2: so when Jefferson gets into office and Chase is voting 736 00:40:52,640 --> 00:40:56,480 Speaker 2: against him, He's like, efat, let's remove this guy. And 737 00:40:56,600 --> 00:40:59,920 Speaker 2: so they impeach Chase. And it really would have been 738 00:41:00,440 --> 00:41:04,080 Speaker 2: it was this turning point in American history because Jefferson 739 00:41:04,120 --> 00:41:06,359 Speaker 2: had basically said that if they can remove Chase, John 740 00:41:06,440 --> 00:41:10,040 Speaker 2: Marshall is next. And it would have so fundamentally changed 741 00:41:10,440 --> 00:41:13,640 Speaker 2: that third branch of government into a rubber stamp that 742 00:41:13,719 --> 00:41:15,919 Speaker 2: presidents would have just put in the justices that would 743 00:41:15,960 --> 00:41:19,960 Speaker 2: agree with them and agree with their policy proposals, and 744 00:41:20,000 --> 00:41:22,760 Speaker 2: you wouldn't have as independent Supreme Court. 745 00:41:25,160 --> 00:41:27,279 Speaker 1: This episode of the Chuck Podcast is brought to you 746 00:41:27,320 --> 00:41:31,640 Speaker 1: by Wildgrain. 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I'm telling you it's excellent, excellent bread. 774 00:43:03,440 --> 00:43:06,279 Speaker 1: We are peeking out here and offering all sorts of 775 00:43:06,320 --> 00:43:08,160 Speaker 1: book ideas, and I want to I want to keep 776 00:43:08,200 --> 00:43:10,880 Speaker 1: this going because it sounds like you I keep interrupting 777 00:43:10,920 --> 00:43:12,080 Speaker 1: you to a certain. 778 00:43:11,800 --> 00:43:13,640 Speaker 2: Now, I just I want to know your books to 779 00:43:13,680 --> 00:43:15,000 Speaker 2: the end of the nineteenth century. 780 00:43:15,040 --> 00:43:17,520 Speaker 1: I want to know I see, Well, I'll tell you 781 00:43:17,600 --> 00:43:20,279 Speaker 1: a book that so what happened, and I'm going to 782 00:43:20,360 --> 00:43:22,640 Speaker 1: give you a shortened version. So for a brief period 783 00:43:22,680 --> 00:43:29,359 Speaker 1: of time, I sold a mini series on Garfield and 784 00:43:29,920 --> 00:43:33,000 Speaker 1: was in myself and a writing partner, Adam Pearlman. We 785 00:43:33,040 --> 00:43:36,919 Speaker 1: wrote a pilot. So let's just say that I had 786 00:43:36,960 --> 00:43:39,400 Speaker 1: we had thought through all the different ways that we 787 00:43:39,400 --> 00:43:41,919 Speaker 1: were going to do this. So I obviously watched Death 788 00:43:41,960 --> 00:43:44,160 Speaker 1: by Lightning in a very different way than most people 789 00:43:44,160 --> 00:43:46,160 Speaker 1: would have watched it, which is, oh, they chose to 790 00:43:46,200 --> 00:43:48,120 Speaker 1: do that. Well, we were going to do this. One 791 00:43:48,160 --> 00:43:51,160 Speaker 1: of the things we were going to do and was 792 00:43:51,200 --> 00:43:54,400 Speaker 1: make Washington, d C. The city one of the main characters, 793 00:43:54,600 --> 00:43:57,040 Speaker 1: because you know, it was actually the small period of 794 00:43:57,040 --> 00:43:59,279 Speaker 1: time where DC got Home rule for a period of time, 795 00:43:59,560 --> 00:44:02,440 Speaker 1: then it had Home rule taken away. Black political power 796 00:44:02,640 --> 00:44:05,239 Speaker 1: was concentrated in the district in a very unique way, 797 00:44:06,160 --> 00:44:08,680 Speaker 1: and there was a lot of fascinating stories. And I 798 00:44:08,719 --> 00:44:11,600 Speaker 1: read this incredible book and it's it's literally a biography 799 00:44:11,760 --> 00:44:16,080 Speaker 1: of Washington the City. And I am sorry, I don't 800 00:44:16,080 --> 00:44:17,799 Speaker 1: have the title in front of me, but i am. 801 00:44:18,040 --> 00:44:22,200 Speaker 1: I'm so it it is. I learned more about Jefferson 802 00:44:22,239 --> 00:44:24,120 Speaker 1: and Washington and what they were trying to do and 803 00:44:24,200 --> 00:44:28,000 Speaker 1: designing the capital city. You know, you realize now the 804 00:44:28,120 --> 00:44:31,120 Speaker 1: unfinished canal in Georgetown, you know what that was about. 805 00:44:32,719 --> 00:44:35,480 Speaker 1: Washington was determined to get to thought that the Potomac 806 00:44:35,560 --> 00:44:37,839 Speaker 1: was going to get that they could connect to the Mississippi, 807 00:44:38,880 --> 00:44:44,640 Speaker 1: and they were literally what Washington's vision was to make Washington, 808 00:44:44,719 --> 00:44:47,400 Speaker 1: d C the most important. He wanted to make it 809 00:44:47,480 --> 00:44:51,080 Speaker 1: the biggest port on the East coast, and in order 810 00:44:51,120 --> 00:44:54,800 Speaker 1: to do that you had to connect. Obviously, he wanted 811 00:44:54,800 --> 00:44:56,839 Speaker 1: to connect all the Well, it didn't take them long 812 00:44:56,880 --> 00:44:59,000 Speaker 1: to realize, oh, that ain't going to work, right. But 813 00:44:59,480 --> 00:45:01,960 Speaker 1: it's just funny. You know, they didn't have their GPS then, right, 814 00:45:01,960 --> 00:45:05,359 Speaker 1: they didn't really have any aerial shots. But it's what 815 00:45:05,440 --> 00:45:09,759 Speaker 1: I love about this is it it really is sort 816 00:45:09,800 --> 00:45:12,200 Speaker 1: of understanding how the city was formed and then these 817 00:45:12,320 --> 00:45:16,160 Speaker 1: interesting periods that the period of laying it out and 818 00:45:16,640 --> 00:45:20,040 Speaker 1: all of that, and washing Jefferson actually took it over 819 00:45:20,080 --> 00:45:22,640 Speaker 1: after a while. He's like, no, very trumpy in way. 820 00:45:22,800 --> 00:45:24,480 Speaker 1: I've got an idea of how this city should be 821 00:45:24,560 --> 00:45:26,560 Speaker 1: laid out. Let me take care of this. There was 822 00:45:26,600 --> 00:45:28,920 Speaker 1: even a little bit of a power struggle between Washington 823 00:45:28,960 --> 00:45:33,320 Speaker 1: and Jefferson over over you know, building the city and 824 00:45:33,840 --> 00:45:36,320 Speaker 1: laying it out. And then of course you had Grant 825 00:45:36,440 --> 00:45:40,200 Speaker 1: and this is where he allowed himself to get corrupted 826 00:45:40,200 --> 00:45:42,880 Speaker 1: by people who wanted control of the city, developers who 827 00:45:42,920 --> 00:45:45,760 Speaker 1: wanted to control the city. It is, but this book, 828 00:45:45,920 --> 00:45:49,440 Speaker 1: there's an incredible period about d C when it briefly 829 00:45:49,480 --> 00:45:52,720 Speaker 1: got home rule after the Civil War. Then Grant takes 830 00:45:52,719 --> 00:45:55,640 Speaker 1: it away, but it leaves this sort of vacuum of 831 00:45:56,160 --> 00:45:58,680 Speaker 1: black political power that still got a little bit of 832 00:45:58,760 --> 00:46:01,759 Speaker 1: juice in it. And it's just a fascinating period in 833 00:46:01,800 --> 00:46:05,200 Speaker 1: the history of Washington, the city, and it really sort 834 00:46:05,239 --> 00:46:08,439 Speaker 1: of helps you understand the we we lived in such 835 00:46:08,440 --> 00:46:10,879 Speaker 1: a divisive political time, right if you think about it, 836 00:46:11,360 --> 00:46:15,920 Speaker 1: starting with after Grant, we don't re elect the president okay, 837 00:46:16,280 --> 00:46:20,160 Speaker 1: to two consecutive terms until McKinley. We go through this 838 00:46:20,520 --> 00:46:23,759 Speaker 1: suit him well and we shoot McKinley. That's a whole 839 00:46:23,800 --> 00:46:26,080 Speaker 1: nother you know. And by the way, do you. 840 00:46:26,080 --> 00:46:28,120 Speaker 2: Know that Carl Rove has the great book on that. 841 00:46:28,200 --> 00:46:31,799 Speaker 1: He's got the great McKinley book, which which what I 842 00:46:31,840 --> 00:46:34,600 Speaker 1: haven't discovered, is a good book on Grover Cleveland. And 843 00:46:34,640 --> 00:46:37,640 Speaker 1: you would think with the Trump election that somebody would 844 00:46:37,640 --> 00:46:39,799 Speaker 1: have would have and you know what, I that's one 845 00:46:39,800 --> 00:46:42,719 Speaker 1: of those that that I, you know, I wish I 846 00:46:42,719 --> 00:46:44,719 Speaker 1: had been smarter, you know, if I wanted to get 847 00:46:44,760 --> 00:46:46,439 Speaker 1: into the history game, that would have been a book 848 00:46:46,480 --> 00:46:48,839 Speaker 1: to jump in and do. Do Grover Cleveland the last 849 00:46:48,880 --> 00:46:51,440 Speaker 1: non consecutive president, you know, by. 850 00:46:51,320 --> 00:46:54,959 Speaker 2: The way on Washington when I you know, I've lived 851 00:46:55,000 --> 00:46:57,120 Speaker 2: on and off in DC for a lot of my twenties, 852 00:46:57,160 --> 00:47:01,200 Speaker 2: but when I sort of finally moved here permanently. Jonathan Carl, 853 00:47:01,360 --> 00:47:04,040 Speaker 2: who I know, you know well from ABC News, gave 854 00:47:04,080 --> 00:47:07,920 Speaker 2: me the book Revily in Washington eighteen sixty to eighteen 855 00:47:08,040 --> 00:47:12,560 Speaker 2: sixty five. So it's pre dating what you're talking about, 856 00:47:13,080 --> 00:47:16,960 Speaker 2: but also a fascinating time for Washington as the city. 857 00:47:16,960 --> 00:47:18,720 Speaker 2: It's sort of like Sex in the City, but instead 858 00:47:18,719 --> 00:47:19,439 Speaker 2: of New York City. 859 00:47:19,480 --> 00:47:23,319 Speaker 1: It's well, here's an uncomfortable factoid. The deal where they 860 00:47:23,360 --> 00:47:25,799 Speaker 1: cut the where you know, the eighteen seventy six the 861 00:47:25,840 --> 00:47:29,399 Speaker 1: deal that basically ended reconstruction was cut in a black 862 00:47:29,400 --> 00:47:30,399 Speaker 1: owned hotel in DC. 863 00:47:31,840 --> 00:47:35,440 Speaker 2: That's ironic, depressing Atlanta I thinks about it. 864 00:47:35,520 --> 00:47:37,799 Speaker 1: Yeah, I mean, like, how what a I mean? And 865 00:47:38,040 --> 00:47:40,120 Speaker 1: this is to me, what makes Garfield such a great 866 00:47:40,160 --> 00:47:43,600 Speaker 1: character is that Garfield. Look, we do this with anybody 867 00:47:43,640 --> 00:47:46,480 Speaker 1: who gets gunned down too early in life. What if? Right, 868 00:47:46,560 --> 00:47:48,640 Speaker 1: what if they had lived? If Kennedy had lived? If 869 00:47:48,719 --> 00:47:51,240 Speaker 1: you know, my god, Stephen King wrote an entire book 870 00:47:51,680 --> 00:47:54,160 Speaker 1: on a portal of what if Kennedy had lived? And 871 00:47:54,200 --> 00:47:57,480 Speaker 1: of course the conclusion Stephen King came to is if 872 00:47:57,520 --> 00:47:59,360 Speaker 1: Kennedy had finished his terms, it would have given us 873 00:47:59,360 --> 00:48:03,919 Speaker 1: George Wallace's president. Just sort of think that's the way 874 00:48:03,920 --> 00:48:07,200 Speaker 1: that book ends. By the way, did you know that? 875 00:48:08,080 --> 00:48:09,680 Speaker 2: I have thoughts about what would have happened if Mitt 876 00:48:09,719 --> 00:48:13,520 Speaker 2: Romney had won twenty twelve. You certainly don't get Donald Trump. 877 00:48:13,440 --> 00:48:17,160 Speaker 1: If Garfield lives. I think Garfield, you know, garb That's 878 00:48:17,200 --> 00:48:19,239 Speaker 1: my point, meaning we put all this, you know, we 879 00:48:19,680 --> 00:48:22,359 Speaker 1: had all these hopes, and we think certain things might 880 00:48:22,400 --> 00:48:24,799 Speaker 1: have happened if so and so lived, and Death by 881 00:48:24,840 --> 00:48:29,439 Speaker 1: Lightning certainly paints a very virtue a virtue virtuous version 882 00:48:29,480 --> 00:48:33,680 Speaker 1: of Garfield. But there's something to it. I mean, if 883 00:48:33,719 --> 00:48:38,040 Speaker 1: Garfield has two consecutive terms, I think he does. The 884 00:48:38,200 --> 00:48:43,520 Speaker 1: goal was to bring back reconstruction, and it's possible if 885 00:48:43,520 --> 00:48:47,320 Speaker 1: Garfield lives between Civil Service reform and sort of bringing 886 00:48:47,360 --> 00:48:49,759 Speaker 1: back reconstruction, we might have gotten the Civil Rights Act 887 00:48:49,800 --> 00:48:50,960 Speaker 1: nearly one hundred years sooner. 888 00:48:52,160 --> 00:48:57,799 Speaker 2: Yeah, I'm total that because on the one hand, Garfield 889 00:48:57,920 --> 00:49:00,200 Speaker 2: comes in as a week president and the sense that 890 00:49:00,280 --> 00:49:02,760 Speaker 2: he is the way he's picked, and Death by Lightning 891 00:49:02,800 --> 00:49:07,120 Speaker 2: does a great job of showing how he's the dark horse, right, 892 00:49:07,160 --> 00:49:08,640 Speaker 2: as the book is entitled the other. 893 00:49:08,560 --> 00:49:10,360 Speaker 1: Book, the other book being entitled right. 894 00:49:10,480 --> 00:49:13,720 Speaker 2: Yeah, but in some ways that makes him quite weak. 895 00:49:13,800 --> 00:49:16,480 Speaker 2: He doesn't come in with the normal set of allies 896 00:49:16,520 --> 00:49:18,759 Speaker 2: and party machines that everyone else had come in with. 897 00:49:19,320 --> 00:49:26,360 Speaker 2: So his death breathes up his vice president. Yeah, because 898 00:49:26,360 --> 00:49:29,920 Speaker 2: then buck some of that. If Garfield had stayed in, 899 00:49:29,960 --> 00:49:31,920 Speaker 2: would he have needed friends, would he have had to 900 00:49:31,960 --> 00:49:34,640 Speaker 2: compromise more than he would have wanted to? Would he 901 00:49:34,680 --> 00:49:38,520 Speaker 2: have sort of been a very bland president because he 902 00:49:38,520 --> 00:49:41,240 Speaker 2: couldn't have actually had the political juice to get much done? 903 00:49:41,400 --> 00:49:42,920 Speaker 2: Is my alternative version of that. 904 00:49:43,360 --> 00:49:45,440 Speaker 1: It could be And what you just painted might have 905 00:49:45,520 --> 00:49:48,799 Speaker 1: been is the Obama presidency, right, and a presidency that 906 00:49:48,920 --> 00:49:51,640 Speaker 1: was filled with you know what, I think looking back 907 00:49:51,680 --> 00:49:54,880 Speaker 1: on it, you know what did the Obama presidency accomplish? 908 00:49:55,200 --> 00:49:58,640 Speaker 1: Obamacare was a big deal, no doubt about it. Other 909 00:49:58,719 --> 00:50:03,000 Speaker 1: than that it accomplished more of a breaking a barrier 910 00:50:03,080 --> 00:50:07,480 Speaker 1: matter it certainly it certainly accomplished that. And I think 911 00:50:07,520 --> 00:50:10,360 Speaker 1: breaking that glass ceiling or I don't know if we 912 00:50:10,400 --> 00:50:12,719 Speaker 1: want to call that a glass ceiling or a ceiling, whichever, 913 00:50:12,840 --> 00:50:16,759 Speaker 1: how you refer to that. But the presidency itself. And 914 00:50:17,080 --> 00:50:19,839 Speaker 1: you know, when I realized this is going to become 915 00:50:19,840 --> 00:50:22,520 Speaker 1: a talking point. I was at the Texas Tribune Festival. 916 00:50:22,520 --> 00:50:24,440 Speaker 1: I was there to interview Wes Moore. I went to 917 00:50:24,480 --> 00:50:28,000 Speaker 1: see the Tim Walls interview, and Tim Walls talked about 918 00:50:28,280 --> 00:50:32,880 Speaker 1: we wasted the Obama presidency, meaning they had these huge 919 00:50:32,880 --> 00:50:35,799 Speaker 1: majorities for two years and they didn't do enough with it. 920 00:50:36,200 --> 00:50:39,920 Speaker 1: And he said the next time, you know it was 921 00:50:39,360 --> 00:50:42,960 Speaker 1: it was an interesting answer. The question was about you know, 922 00:50:43,239 --> 00:50:45,560 Speaker 1: what have you learned from Trump some form of that, 923 00:50:45,719 --> 00:50:48,759 Speaker 1: like what and both and Tim Walls gave one answer, 924 00:50:48,800 --> 00:50:50,600 Speaker 1: and Wes Moore gave a similar answer to me, which is, 925 00:50:50,800 --> 00:50:53,920 Speaker 1: you know, Trump's always doing something. There's always action with Trump. 926 00:50:53,960 --> 00:50:56,440 Speaker 1: And he says, you know, we Democrats spend too much 927 00:50:56,480 --> 00:50:59,200 Speaker 1: time trying to get a commission with a committee and 928 00:50:59,280 --> 00:51:01,759 Speaker 1: then and then get an interest group buy in and 929 00:51:01,760 --> 00:51:04,160 Speaker 1: do this, and do this and do this, and then 930 00:51:04,200 --> 00:51:06,680 Speaker 1: he talked and then Walls turned it into you know, 931 00:51:06,920 --> 00:51:09,719 Speaker 1: this is why we only and then we were too cautious, 932 00:51:09,760 --> 00:51:12,160 Speaker 1: we only try one big thing, and oh, we're not 933 00:51:12,160 --> 00:51:13,520 Speaker 1: going to do cap and trade. Now now that we 934 00:51:13,560 --> 00:51:17,719 Speaker 1: made everybody walk the plank on Obamacare, And it's interesting 935 00:51:17,760 --> 00:51:20,640 Speaker 1: that that's the lesson that I think many of the 936 00:51:20,680 --> 00:51:24,160 Speaker 1: next generation of Democrats are taking away from the combination 937 00:51:24,280 --> 00:51:27,200 Speaker 1: of the Trump era in comparison to the Obama era. 938 00:51:28,200 --> 00:51:30,400 Speaker 2: That's funny because to me, I was at the Republican 939 00:51:30,480 --> 00:51:34,080 Speaker 2: National Committee during you know, I was on Romney's twenty 940 00:51:34,360 --> 00:51:37,400 Speaker 2: I was on Romney's oweight and twenty twelve campaign, and 941 00:51:37,440 --> 00:51:39,600 Speaker 2: then went to the Republican National Committee after the twenty 942 00:51:39,600 --> 00:51:43,640 Speaker 2: twelve cycle. And from that vantage point, I would say 943 00:51:43,640 --> 00:51:47,400 Speaker 2: the huge mistake they made was dismantling the Democratic Party. 944 00:51:47,440 --> 00:51:53,359 Speaker 2: They basically turned the Democratic National Committee into Obamacare or sorry, Obamacare, 945 00:51:53,480 --> 00:51:55,480 Speaker 2: Obama for America. 946 00:51:55,080 --> 00:51:58,239 Speaker 1: Right, they called it ofa they Organizing for America or 947 00:51:58,280 --> 00:51:58,680 Speaker 1: something like that. 948 00:51:58,800 --> 00:52:03,719 Speaker 2: Yeah, lost one thousand state beats over the course of 949 00:52:03,760 --> 00:52:06,719 Speaker 2: his presidency. Those that's their field. And so when you 950 00:52:06,760 --> 00:52:09,000 Speaker 2: look at you know, people sort of making fun of 951 00:52:09,040 --> 00:52:13,279 Speaker 2: the octagenarian bench in Congress right now on the Democratic side, 952 00:52:13,320 --> 00:52:15,719 Speaker 2: it is super lopsided. The Democrats are the ones with 953 00:52:15,760 --> 00:52:18,200 Speaker 2: all the old people not leaving. But I would say 954 00:52:18,200 --> 00:52:21,040 Speaker 2: part of that is because they gutted their bench during 955 00:52:21,080 --> 00:52:25,400 Speaker 2: the Obama years and they were left with nobody to run. 956 00:52:26,000 --> 00:52:28,799 Speaker 1: Well there and then and then of course, I mean 957 00:52:28,920 --> 00:52:32,520 Speaker 1: just to fast forward that through. I mean the most, 958 00:52:33,120 --> 00:52:36,440 Speaker 1: the single biggest mistake I think Obama made for the 959 00:52:36,480 --> 00:52:40,120 Speaker 1: future of the Democratic Party was endorsing Hillary Clinton. He 960 00:52:40,200 --> 00:52:44,320 Speaker 1: did not understand that the party he should have He 961 00:52:44,360 --> 00:52:47,600 Speaker 1: should have opened up that twenty sixteen primary campaign. And 962 00:52:47,640 --> 00:52:49,920 Speaker 1: when he closed the door to any right, when he 963 00:52:49,960 --> 00:52:53,120 Speaker 1: shut that door, I understand why he did it. He 964 00:52:53,200 --> 00:52:55,160 Speaker 1: made you know, Bill Clinton was really important to his 965 00:52:55,239 --> 00:52:59,120 Speaker 1: campaign reelect in twenty twelve, and Hillary Clinton was a 966 00:52:59,120 --> 00:53:02,480 Speaker 1: good soldier and a good partner and all of those things. Like, 967 00:53:02,520 --> 00:53:04,680 Speaker 1: I think all of that was genuine. I think I 968 00:53:05,360 --> 00:53:09,680 Speaker 1: don't dismiss the personal reasons, but when the minute he 969 00:53:09,719 --> 00:53:12,759 Speaker 1: does that, this is why Amy Klobishaw doesn't run. There's 970 00:53:12,760 --> 00:53:14,960 Speaker 1: that whole group of Democrats that ended up running in 971 00:53:15,000 --> 00:53:18,880 Speaker 1: twenty that run instead in twenty fifteen and twenty sixteen. 972 00:53:21,320 --> 00:53:25,040 Speaker 1: And it's more I mean, like I said, Obama didn't 973 00:53:25,320 --> 00:53:27,560 Speaker 1: remember that. The reason he became the nominee O eight 974 00:53:27,600 --> 00:53:31,080 Speaker 1: is that Democrats didn't want Hillary Clinton. And how badly 975 00:53:31,080 --> 00:53:33,440 Speaker 1: did Democrats not want Hillary Clinton twenty sixteen they almost 976 00:53:33,440 --> 00:53:36,879 Speaker 1: nominated Bernie Effing Sanders. That's how badly they did. I've 977 00:53:36,920 --> 00:53:40,560 Speaker 1: always thought the rise of Sanders is directly a result 978 00:53:40,800 --> 00:53:45,160 Speaker 1: of Obama closing the primary door to anybody legitimate in 979 00:53:45,200 --> 00:53:48,879 Speaker 1: going against Hillary. It became just like a steam valve. Well, 980 00:53:48,920 --> 00:53:51,640 Speaker 1: it was going to go somewhere and won Martin O'Malley, 981 00:53:51,840 --> 00:53:53,919 Speaker 1: and it wasn't going to be Jim Webb. The only 982 00:53:53,960 --> 00:53:58,240 Speaker 1: other person sitting there, you know, was was Bernie Sanders. 983 00:53:58,239 --> 00:54:01,239 Speaker 1: And so they half the party go there. But I 984 00:54:01,280 --> 00:54:02,480 Speaker 1: put that blame on Obama. 985 00:54:03,520 --> 00:54:06,040 Speaker 2: They try not to repeat the mistake the Obamas. I mean, 986 00:54:06,440 --> 00:54:09,960 Speaker 2: then in the last summer in twenty four, I know, 987 00:54:10,280 --> 00:54:13,239 Speaker 2: they hold off on Harris because they know that she 988 00:54:13,320 --> 00:54:16,719 Speaker 2: has no chance of winning. They want the open primary 989 00:54:16,800 --> 00:54:20,920 Speaker 2: at the DNC convention, but it's gone, and so they 990 00:54:20,920 --> 00:54:23,359 Speaker 2: get on the bandwagon. But you could tell that it 991 00:54:23,440 --> 00:54:24,239 Speaker 2: was really because he. 992 00:54:24,320 --> 00:54:26,560 Speaker 1: Screwed up the first time. Yeah, it's the same thing, 993 00:54:26,640 --> 00:54:29,120 Speaker 1: and then this time that you know, it's always one 994 00:54:29,120 --> 00:54:31,440 Speaker 1: of these things. It was the nobody wanted to go 995 00:54:31,480 --> 00:54:35,640 Speaker 1: through the pain of denying the nomination to Harris only 996 00:54:35,719 --> 00:54:39,680 Speaker 1: to potentially have Harris win it anyway, because the delegates 997 00:54:39,680 --> 00:54:42,320 Speaker 1: weren't going to feel comfortable denying the sitting vice president 998 00:54:42,360 --> 00:54:44,960 Speaker 1: the nomination. So you know, even if you wanted to 999 00:54:45,000 --> 00:54:46,840 Speaker 1: open up the process, even if you thought that was 1000 00:54:47,120 --> 00:54:49,080 Speaker 1: there was no guarantee where the delegates were going to go. 1001 00:54:49,120 --> 00:54:51,400 Speaker 1: I mean, this is what death by Lightning teaches us. 1002 00:54:51,440 --> 00:54:53,279 Speaker 1: Right by the way, I always say this about the 1003 00:54:53,320 --> 00:54:56,440 Speaker 1: Garfield story. If you've ever wondered where the mythology of 1004 00:54:56,480 --> 00:54:59,640 Speaker 1: the dark horse candidate came from, it is Garfield is 1005 00:54:59,680 --> 00:55:03,239 Speaker 1: singing still the only person to come from nowhere to 1006 00:55:03,280 --> 00:55:05,640 Speaker 1: get the presidency, and he did it. And we have 1007 00:55:05,719 --> 00:55:08,360 Speaker 1: this mythology that somebody can make a speech at a 1008 00:55:08,400 --> 00:55:12,160 Speaker 1: convention and become the nominee for president. It only happened once, 1009 00:55:12,520 --> 00:55:15,200 Speaker 1: but it happened once. That's what I love the story 1010 00:55:15,280 --> 00:55:16,400 Speaker 1: so much. 1011 00:55:16,520 --> 00:55:18,399 Speaker 2: And Barack Obama because it. 1012 00:55:18,320 --> 00:55:21,040 Speaker 1: Didn't happen that year. No, no, it didn't happen that year. 1013 00:55:20,960 --> 00:55:23,120 Speaker 2: Because it is because of a speech he gave it 1014 00:55:23,160 --> 00:55:25,960 Speaker 2: a convention. You know. On the Republican side, this is 1015 00:55:26,000 --> 00:55:29,719 Speaker 2: what I mean about Romney losing in twenty twelve. It's 1016 00:55:29,760 --> 00:55:32,799 Speaker 2: not just that obviously then Republicans had to nominate someone 1017 00:55:32,840 --> 00:55:35,000 Speaker 2: else in twenty sixteen. It's that they learned that the 1018 00:55:35,160 --> 00:55:40,560 Speaker 2: nice guy wasn't going to win, and so they wanted 1019 00:55:40,600 --> 00:55:42,680 Speaker 2: someone who was going to be the opposite of Romney. 1020 00:55:42,719 --> 00:55:45,160 Speaker 2: And if Romney had won in twenty twelve, it would 1021 00:55:45,200 --> 00:55:47,480 Speaker 2: have been like, Ah, the sort of George W. Bush 1022 00:55:47,640 --> 00:55:51,080 Speaker 2: character matters, That's what the Republican Party stands for, honor, 1023 00:55:51,280 --> 00:55:55,080 Speaker 2: and and that that would have been more of the ethos, 1024 00:55:55,080 --> 00:55:58,640 Speaker 2: and potentially America could have skipped that post two thousand 1025 00:55:58,680 --> 00:56:02,839 Speaker 2: and eight financial crisis populist movement that then happened worldwide. 1026 00:56:03,200 --> 00:56:06,440 Speaker 1: I had a relative asked me, did we make a 1027 00:56:06,480 --> 00:56:12,480 Speaker 1: mistake not electing Romney in twelve because it gave us Trump. Now, 1028 00:56:12,480 --> 00:56:14,600 Speaker 1: I'll give you an alternative theory that I actually did, 1029 00:56:14,640 --> 00:56:17,720 Speaker 1: as I do this at the end of every year, 1030 00:56:17,920 --> 00:56:19,640 Speaker 1: and my podcasts have been doing this since going back 1031 00:56:19,640 --> 00:56:22,640 Speaker 1: to the NBC. I pick out a few, you know, 1032 00:56:22,760 --> 00:56:25,880 Speaker 1: a butterfly effect, like what if like you know, what 1033 00:56:25,920 --> 00:56:28,200 Speaker 1: if Bill Clinton had resigned in ninety eight and Al 1034 00:56:28,280 --> 00:56:32,080 Speaker 1: Gore becomes president. I think it really politicizes nine to 1035 00:56:32,080 --> 00:56:34,120 Speaker 1: eleven in a way that nobody ever believes because it 1036 00:56:34,480 --> 00:56:36,920 Speaker 1: Gore probably wins in two thousand for sure, he sort 1037 00:56:36,920 --> 00:56:39,440 Speaker 1: of reelected Bush probably doesn't even run against him, because 1038 00:56:39,520 --> 00:56:41,399 Speaker 1: he would have been very cautious and going, oh, you're 1039 00:56:41,400 --> 00:56:43,560 Speaker 1: not going to defeat a sitting VP. You know, there 1040 00:56:43,560 --> 00:56:45,640 Speaker 1: would have been it would have been a different Democratic Party. 1041 00:56:45,640 --> 00:56:48,160 Speaker 1: There's all sorts of but you know, one decision creates 1042 00:56:48,160 --> 00:56:51,080 Speaker 1: these butterfly effects. I'll give you one that I did 1043 00:56:51,120 --> 00:56:54,200 Speaker 1: last year about this issue of going from Romney to Trump. 1044 00:56:54,719 --> 00:56:58,360 Speaker 1: If there's no bridge Gate, Chris Christie's the front runner 1045 00:56:59,400 --> 00:57:03,359 Speaker 1: in teen fourteen and fifteen, and there is no room 1046 00:57:03,440 --> 00:57:07,520 Speaker 1: for Trump because Christy is enough Trump, right, He's the 1047 00:57:08,080 --> 00:57:10,880 Speaker 1: no more mister nice guy. And it's a more gradual 1048 00:57:11,000 --> 00:57:14,919 Speaker 1: version from Romney to you know, it's Trump's a more 1049 00:57:14,960 --> 00:57:19,880 Speaker 1: abrupt like jump. Right. Christy was sort of the you know, 1050 00:57:20,440 --> 00:57:23,800 Speaker 1: Jersey version, but sort of with with some empathy in him, right. 1051 00:57:24,320 --> 00:57:28,440 Speaker 1: And I actually buy that that not if bringey Gate 1052 00:57:28,520 --> 00:57:32,040 Speaker 1: doesn't happen, or if he just says, you're goddamn right. 1053 00:57:32,080 --> 00:57:35,240 Speaker 1: I ordered the code read and you know, I don't 1054 00:57:35,280 --> 00:57:37,120 Speaker 1: care what you want to do. It would have you know, 1055 00:57:37,320 --> 00:57:39,800 Speaker 1: I think it literally is a two day story. My 1056 00:57:39,840 --> 00:57:41,920 Speaker 1: friend Bill Baroni doesn't have to go to prison, but 1057 00:57:42,000 --> 00:57:45,040 Speaker 1: that's a whole nother uh. You know, you know, Christy 1058 00:57:45,120 --> 00:57:47,680 Speaker 1: messed that up for a variety in a variety of ways. 1059 00:57:47,680 --> 00:57:50,160 Speaker 1: But if it doesn't happen, or if he handles it differently, 1060 00:57:51,040 --> 00:57:56,800 Speaker 1: is there no Trump and Christy is the then the 1061 00:57:56,960 --> 00:58:00,800 Speaker 1: more rational move from away from mister Knight's guy. 1062 00:58:01,960 --> 00:58:04,560 Speaker 2: Interesting. I've always seen Christy as the heir to John 1063 00:58:04,640 --> 00:58:07,480 Speaker 2: McCain in a lot of ways. I got into politics 1064 00:58:07,520 --> 00:58:09,920 Speaker 2: because of the piece that was written in Rolling Stone 1065 00:58:09,960 --> 00:58:14,080 Speaker 2: by David Foster Wallace about the two thousand primary for 1066 00:58:14,600 --> 00:58:18,600 Speaker 2: John McCain bullshit one and bullshit two, the buses that 1067 00:58:18,680 --> 00:58:22,720 Speaker 2: he was driving on. And you know, I'm on Sundays 1068 00:58:22,760 --> 00:58:26,240 Speaker 2: with Chris Christy on ABC pretty frequently. Yeah, he is 1069 00:58:26,280 --> 00:58:30,440 Speaker 2: the most talented guy on TV. It like, I'm the 1070 00:58:30,480 --> 00:58:32,400 Speaker 2: person who sits there for the next twenty four hours 1071 00:58:32,400 --> 00:58:34,120 Speaker 2: thinking of all the things I should have said and 1072 00:58:34,120 --> 00:58:36,520 Speaker 2: how I wasn't right, you know, Like, and I just 1073 00:58:36,600 --> 00:58:41,000 Speaker 2: kicked myself pairing myself to Chris Christie right next to me. 1074 00:58:41,080 --> 00:58:41,880 Speaker 2: It's so annoying. 1075 00:58:42,440 --> 00:58:43,520 Speaker 1: No, I mean he's the best. 1076 00:58:43,680 --> 00:58:44,560 Speaker 2: I adore him. 1077 00:58:45,000 --> 00:58:49,920 Speaker 1: He again, he just he he mismanaged that period and 1078 00:58:50,000 --> 00:58:52,000 Speaker 1: I think he knows it, but he never wants to 1079 00:58:52,040 --> 00:58:55,800 Speaker 1: admit it. You know. I mean, because we were human beings. 1080 00:58:55,840 --> 00:58:58,560 Speaker 1: I get it. You know, look, I have a problem 1081 00:58:58,560 --> 00:59:01,360 Speaker 1: with your relationship with him is not great because of it, 1082 00:59:01,560 --> 00:59:05,720 Speaker 1: and it just because it's very personal. But I you know, 1083 00:59:06,720 --> 00:59:09,840 Speaker 1: he's still an incredible political Athlete's I love to use 1084 00:59:09,840 --> 00:59:13,600 Speaker 1: that phrase political athlete, and he's an incredible political athlete, 1085 00:59:13,640 --> 00:59:17,520 Speaker 1: and he you know, it was so against brand right. 1086 00:59:17,560 --> 00:59:20,880 Speaker 1: The problem with Bridgegate for him was either he didn't 1087 00:59:20,880 --> 00:59:23,520 Speaker 1: know either he ordered it or he didn't order it right. 1088 00:59:23,840 --> 00:59:26,360 Speaker 1: And one thing we all knew about Chris Christy was 1089 00:59:26,400 --> 00:59:29,400 Speaker 1: he was a micromanager. This wasn't an absent tee leader. 1090 00:59:29,760 --> 00:59:32,440 Speaker 1: So it wasn't believable that he didn't know. And when 1091 00:59:32,480 --> 00:59:34,680 Speaker 1: he tried to feign that he didn't know, you were 1092 00:59:34,680 --> 00:59:36,760 Speaker 1: just like, well, now you're being a typical politician. I 1093 00:59:36,800 --> 00:59:39,240 Speaker 1: thought you were a straight shooter like it undermined his 1094 00:59:39,560 --> 00:59:41,959 Speaker 1: entire brand in a way that I don't think even 1095 00:59:42,040 --> 00:59:42,760 Speaker 1: he appreciated. 1096 00:59:43,680 --> 00:59:46,080 Speaker 2: The problem with your theory is that you're not really 1097 00:59:46,120 --> 00:59:49,520 Speaker 2: taking into account the Tea Party movement piece of the 1098 00:59:49,560 --> 00:59:53,240 Speaker 2: Republican Party. And the reason that Ted Cruz comes in 1099 00:59:53,280 --> 00:59:56,640 Speaker 2: as the first runner up to Trump in twenty sixteen 1100 00:59:56,840 --> 01:00:02,640 Speaker 2: is because of that specific type of conservatism that Ted 1101 01:00:02,720 --> 01:00:06,320 Speaker 2: Cruz represented and Chris Christy was not that because he's 1102 01:00:06,360 --> 01:00:08,520 Speaker 2: been a governor and had a record for eight years. 1103 01:00:08,560 --> 01:00:10,680 Speaker 1: So don't you think it's Christie And but don't you 1104 01:00:10,720 --> 01:00:13,000 Speaker 1: think there's no room for Trump? And don't you think 1105 01:00:13,080 --> 01:00:16,120 Speaker 1: Christie's the alpha at that point? Like Trump? Interesting because 1106 01:00:16,560 --> 01:00:18,680 Speaker 1: it is just a different version. You know, by the time, 1107 01:00:18,960 --> 01:00:22,840 Speaker 1: Christy was a neutered version of himself. I'm sorry, he 1108 01:00:23,000 --> 01:00:25,040 Speaker 1: just was by the time. We didn't get to see 1109 01:00:25,080 --> 01:00:28,200 Speaker 1: the full Chris Christy until a brief period in that 1110 01:00:28,320 --> 01:00:30,560 Speaker 1: you know, when he sort of took Rubio out in 1111 01:00:30,560 --> 01:00:33,160 Speaker 1: the New Hampshire primary. But we didn't see the version 1112 01:00:33,200 --> 01:00:38,520 Speaker 1: of Christie. You know, imagine that Christy during the earlier 1113 01:00:38,560 --> 01:00:40,440 Speaker 1: part of the primary season. It may have been Christy 1114 01:00:40,520 --> 01:00:42,640 Speaker 1: and Cruz for the final right, there probably is no room. 1115 01:00:42,800 --> 01:00:45,800 Speaker 1: Cask probably doesn't catch fire. The Kask people are with Christy. 1116 01:00:45,960 --> 01:00:49,040 Speaker 1: Plus Christy also has sort of the Bush wing in 1117 01:00:49,080 --> 01:00:53,080 Speaker 1: his own way. He's a formidable I think co front 1118 01:00:53,160 --> 01:00:55,560 Speaker 1: runner and I agree with you on Cruise, and that'd 1119 01:00:55,560 --> 01:00:56,440 Speaker 1: have been fascinating. 1120 01:00:58,160 --> 01:01:01,000 Speaker 2: Well, I was running Carly theory as campaign during that 1121 01:01:01,120 --> 01:01:03,320 Speaker 2: cycle and I will tell you this is like the 1122 01:01:03,360 --> 01:01:05,960 Speaker 2: little known thing that you only know if you're sort 1123 01:01:05,960 --> 01:01:08,080 Speaker 2: of in the deep weeds. You who took us out? 1124 01:01:09,400 --> 01:01:12,000 Speaker 2: Chris Chrissy? 1125 01:01:12,160 --> 01:01:14,840 Speaker 1: How did he do that? I'm vaguely yeah. 1126 01:01:14,880 --> 01:01:16,960 Speaker 2: It was the New Hampshire We got pushed out. He 1127 01:01:17,200 --> 01:01:19,360 Speaker 2: got us out of the New Hampshire debate. 1128 01:01:19,920 --> 01:01:21,600 Speaker 1: He pushed her. That's right. She didn't make it to 1129 01:01:21,640 --> 01:01:23,720 Speaker 1: the main stage and he barely got in, right. 1130 01:01:23,880 --> 01:01:26,120 Speaker 2: That's right. And so he had made some calls into 1131 01:01:26,160 --> 01:01:30,880 Speaker 2: the RNC and had pulled some you know, some carrots 1132 01:01:30,880 --> 01:01:33,280 Speaker 2: and some sticks. Yeah, And he and I have talked 1133 01:01:33,280 --> 01:01:35,480 Speaker 2: about this, and I think it's pretty funny now. But 1134 01:01:35,520 --> 01:01:38,000 Speaker 2: it shows I think what you're talking about, which is 1135 01:01:38,040 --> 01:01:41,040 Speaker 2: both he's a good athlete on the field, but he's 1136 01:01:41,080 --> 01:01:42,720 Speaker 2: a good athlete off the field too. 1137 01:01:42,920 --> 01:01:45,320 Speaker 1: No, I think it is. It is. It is a 1138 01:01:45,400 --> 01:01:48,000 Speaker 1: fascinating what if I think, if Bridgegate doesn't happen, or 1139 01:01:48,000 --> 01:01:50,680 Speaker 1: if he just handles it in the way that I 1140 01:01:50,680 --> 01:01:53,960 Speaker 1: think we Chris Christy today would probably have handled it. 1141 01:01:54,320 --> 01:01:56,840 Speaker 2: So, Chuck Todd, this is my question to you. Does 1142 01:01:56,840 --> 01:02:00,000 Speaker 2: the next Democratic president who needs to restore the Department 1143 01:02:00,160 --> 01:02:04,120 Speaker 2: of Justice pick Chris Christy as attorney general to have 1144 01:02:04,200 --> 01:02:07,080 Speaker 2: that cross partisan appeal. 1145 01:02:07,600 --> 01:02:09,960 Speaker 1: You know, so you this gets that too. I actually 1146 01:02:10,000 --> 01:02:13,240 Speaker 1: think we need to have an entirely different way that 1147 01:02:13,280 --> 01:02:16,200 Speaker 1: we appoint the Justice Department, and I think we need 1148 01:02:16,240 --> 01:02:19,760 Speaker 1: to figure out how to sort of force a we 1149 01:02:19,800 --> 01:02:22,520 Speaker 1: need to detach justice from the executive branch and. 1150 01:02:22,480 --> 01:02:25,440 Speaker 2: Some form I disagree entirely. I think we're going to 1151 01:02:25,520 --> 01:02:26,920 Speaker 2: have to do a whole other podcast on this. 1152 01:02:27,240 --> 01:02:29,880 Speaker 1: I think we should because I think, you know, I 1153 01:02:29,960 --> 01:02:31,960 Speaker 1: think I at least would want to set up kind 1154 01:02:31,960 --> 01:02:35,200 Speaker 1: of like the Federal Reserve, where no one president can 1155 01:02:35,280 --> 01:02:38,720 Speaker 1: sort of do wholesale changes to sort of the rule 1156 01:02:38,720 --> 01:02:41,160 Speaker 1: of law just based on, you know, wiping out the 1157 01:02:41,320 --> 01:02:45,280 Speaker 1: entire political leadership. Like I'd like to see sort of staggering. 1158 01:02:45,600 --> 01:02:48,480 Speaker 1: I'd like to see five year terms for the DAGs, 1159 01:02:48,560 --> 01:02:52,040 Speaker 1: for various DAGs, and that way you guarantee that no 1160 01:02:52,240 --> 01:02:56,360 Speaker 1: one president controls. I think we've just proven that you 1161 01:02:56,480 --> 01:02:59,560 Speaker 1: can't the politicizing of the Justice Department. I mean, at 1162 01:02:59,560 --> 01:03:03,160 Speaker 1: the end of the it doesn't matter whether the left doesn't, 1163 01:03:03,640 --> 01:03:05,520 Speaker 1: you know, right now, the left doesn't believe anything coming 1164 01:03:05,520 --> 01:03:07,680 Speaker 1: out of Justice. Before it was the right didn't believe 1165 01:03:07,680 --> 01:03:10,200 Speaker 1: any but here's the problem. Eventually, if both the left 1166 01:03:10,200 --> 01:03:14,320 Speaker 1: and the right agree that when that justice is politicized, 1167 01:03:14,320 --> 01:03:16,200 Speaker 1: and eventually none of us are going to believe anything 1168 01:03:16,240 --> 01:03:17,880 Speaker 1: that comes out of it, I think we have to do. 1169 01:03:18,560 --> 01:03:21,360 Speaker 1: That's an interesting way of trying to restore. By the way, 1170 01:03:21,480 --> 01:03:24,960 Speaker 1: that's what Biden was trying with Merrick Garland. In his defense, 1171 01:03:25,560 --> 01:03:27,960 Speaker 1: it turned out Garland just didn't know how to didn't 1172 01:03:28,040 --> 01:03:30,600 Speaker 1: understand the political side of the job, and there was 1173 01:03:30,640 --> 01:03:33,120 Speaker 1: a political side of the job. But I would argue, 1174 01:03:33,120 --> 01:03:34,520 Speaker 1: and I know we're getting late. It sounds like you've 1175 01:03:34,520 --> 01:03:36,040 Speaker 1: got to get going here. And I know if I 1176 01:03:36,120 --> 01:03:38,560 Speaker 1: promised you under an hour and I have thirty five seconds. 1177 01:03:39,880 --> 01:03:42,600 Speaker 1: So that's my quick argument there. But pushback quickly. 1178 01:03:44,400 --> 01:03:47,920 Speaker 2: We want the Justice Department to focus on the priorities 1179 01:03:47,920 --> 01:03:49,720 Speaker 2: of the president, so that after the two thousand and 1180 01:03:49,760 --> 01:03:54,920 Speaker 2: eight financial crisis, Barack Obama moves federal prosecutors off gun 1181 01:03:55,000 --> 01:03:58,600 Speaker 2: cases and even terrorism cases to put them on financial crimes, 1182 01:03:58,960 --> 01:04:04,360 Speaker 2: and then the job starts spiking and you have Trump, 1183 01:04:04,480 --> 01:04:07,160 Speaker 2: move aussays, and again I'm at the Department of Justice 1184 01:04:07,160 --> 01:04:10,680 Speaker 2: at this point, move aussays back onto gun primes. That 1185 01:04:10,840 --> 01:04:14,520 Speaker 2: is the responsiveness that voters expect from the president. And 1186 01:04:14,600 --> 01:04:16,600 Speaker 2: I hear you that we've broken it. But we've broken 1187 01:04:16,640 --> 01:04:21,080 Speaker 2: it by electing bad presidents, not by things that we 1188 01:04:21,120 --> 01:04:23,200 Speaker 2: need to do to the Department of Justice. 1189 01:04:23,360 --> 01:04:25,600 Speaker 1: Well, I guess I could argue that, look, we didn't know. Look, 1190 01:04:25,640 --> 01:04:28,440 Speaker 1: the Department of Justice was something we didn't fully appreciate 1191 01:04:28,440 --> 01:04:30,520 Speaker 1: that we needed at the beginning. In fairness, right, the 1192 01:04:30,560 --> 01:04:33,560 Speaker 1: Founders didn't really have a And I think that's one 1193 01:04:33,560 --> 01:04:37,200 Speaker 1: of those today it's like i'd loved it. Now, Hey, hey, founders, 1194 01:04:37,720 --> 01:04:39,880 Speaker 1: here's a challenge. You guys didn't think of here? What 1195 01:04:39,920 --> 01:04:42,320 Speaker 1: do you think of this? How would you have handled this? Right? Or? 1196 01:04:42,360 --> 01:04:45,120 Speaker 1: Hey founders? Now, by the way, the Founders never told 1197 01:04:45,200 --> 01:04:47,600 Speaker 1: us how many members of the Supreme Court there should be. 1198 01:04:48,640 --> 01:04:49,960 Speaker 1: Why do you think they didn't. 1199 01:04:52,600 --> 01:04:56,000 Speaker 2: That's a good question. You know, the original court under 1200 01:04:56,120 --> 01:04:59,160 Speaker 2: John Jay didn't really do much at all. 1201 01:05:00,080 --> 01:05:03,240 Speaker 1: John right, was it five members? Then the originally there were. 1202 01:05:03,120 --> 01:05:05,160 Speaker 2: Five and there were six and they tied quite a bit, 1203 01:05:05,400 --> 01:05:07,080 Speaker 2: and then we haven't really gone back to the even 1204 01:05:07,120 --> 01:05:10,400 Speaker 2: numbers since then, and then we've vacillated. We went, you know, 1205 01:05:10,480 --> 01:05:12,760 Speaker 2: down to seven, we've gone up to ten, we've been 1206 01:05:12,800 --> 01:05:15,280 Speaker 2: at nine for over one hundred years, well over one 1207 01:05:15,320 --> 01:05:18,720 Speaker 2: hundred years at this point. Do you have a reason 1208 01:05:18,720 --> 01:05:20,600 Speaker 2: why you think they didn't set the number. 1209 01:05:21,000 --> 01:05:23,520 Speaker 1: I don't. I mean, that's you know, it's it's i've here, 1210 01:05:23,560 --> 01:05:25,360 Speaker 1: I've here's I'll tell you why. I've thought about this 1211 01:05:25,400 --> 01:05:28,160 Speaker 1: more often because I'm I think that we should have 1212 01:05:30,120 --> 01:05:32,680 Speaker 1: I read Federal seventy eight and the Hamilton on the 1213 01:05:32,760 --> 01:05:36,320 Speaker 1: judiciary and how we select judges, and I read it 1214 01:05:36,360 --> 01:05:39,000 Speaker 1: as we need the least partisan people you can find, 1215 01:05:39,600 --> 01:05:41,120 Speaker 1: and to me, the only way to do that is 1216 01:05:41,160 --> 01:05:43,480 Speaker 1: to make the number three quarters in the Senate. Now, 1217 01:05:43,520 --> 01:05:47,160 Speaker 1: I had somebody say to me, well, if that is 1218 01:05:47,200 --> 01:05:48,800 Speaker 1: what they intended, they would have written it in the 1219 01:05:49,080 --> 01:05:51,400 Speaker 1: You know, they were very specific when they wanted super 1220 01:05:51,440 --> 01:05:54,560 Speaker 1: majorities and when they didn't want super majorities. And I thought, okay, 1221 01:05:54,840 --> 01:05:57,760 Speaker 1: I accept that premise. You're right because there are specific 1222 01:05:57,840 --> 01:06:00,680 Speaker 1: places where they said, yeah, you need super majors for X, 1223 01:06:01,080 --> 01:06:04,360 Speaker 1: you know, not necessarily for why, right, And so they 1224 01:06:04,360 --> 01:06:07,240 Speaker 1: didn't do it for that. So that's interesting to me, 1225 01:06:07,280 --> 01:06:10,400 Speaker 1: and that's fair. So I don't, you know, it's not 1226 01:06:10,480 --> 01:06:12,960 Speaker 1: as if those ideas weren't on the table. They just 1227 01:06:13,280 --> 01:06:16,840 Speaker 1: clearly chose for maybe for compromise reasons whatever, not to 1228 01:06:16,880 --> 01:06:18,840 Speaker 1: do it. Like I tell you one not I don't 1229 01:06:18,840 --> 01:06:20,520 Speaker 1: get at all. I have no idea why there's a 1230 01:06:20,560 --> 01:06:24,520 Speaker 1: pardon power other than somebody wanted to pardon. That's why. 1231 01:06:25,720 --> 01:06:28,520 Speaker 1: That is the best explanation I've gotten from a Founding 1232 01:06:28,560 --> 01:06:29,920 Speaker 1: Father historian. 1233 01:06:30,480 --> 01:06:32,080 Speaker 2: No, you know what, I think the pardon power is 1234 01:06:32,080 --> 01:06:35,320 Speaker 2: actually incredibly important. I would ratify an amendment to also 1235 01:06:35,360 --> 01:06:38,080 Speaker 2: put that through the advice and consent process in the Senate. 1236 01:06:38,880 --> 01:06:41,160 Speaker 1: I think that was doing it heavily. Think there needs 1237 01:06:41,160 --> 01:06:43,360 Speaker 1: to be a committee of some sort, But yes, like 1238 01:06:43,400 --> 01:06:46,200 Speaker 1: a partner that you think about part of the. 1239 01:06:46,160 --> 01:06:50,680 Speaker 2: Three most famous pardons, it's Washington's parton of the Whiskey Rebellion, 1240 01:06:51,040 --> 01:06:55,280 Speaker 2: It's going to be Johnson's pardon slash amnesty of the Confederates, 1241 01:06:55,320 --> 01:06:58,600 Speaker 2: and then Ford's pardon of Nixon. All three of those 1242 01:06:58,640 --> 01:07:02,960 Speaker 2: were not the sort of mercy pardons of the kings 1243 01:07:03,000 --> 01:07:12,240 Speaker 2: of England. They were trying to ameliorate political problems that 1244 01:07:12,360 --> 01:07:16,800 Speaker 2: were potentially existential to the country and to move past those, 1245 01:07:17,560 --> 01:07:20,000 Speaker 2: and those were pretty important actually, So I think, you know, 1246 01:07:20,040 --> 01:07:21,680 Speaker 2: there's those who want to get rid of the pardon power. 1247 01:07:21,720 --> 01:07:24,160 Speaker 2: I think that's a huge mistake. But if we had 1248 01:07:24,160 --> 01:07:26,600 Speaker 2: the advice and consent of the Senate, it would get 1249 01:07:26,640 --> 01:07:31,120 Speaker 2: rid of the family pardon bullshit that we're seeing now. 1250 01:07:32,120 --> 01:07:35,000 Speaker 1: Well, look, I boit. I felt this the last time 1251 01:07:35,040 --> 01:07:36,680 Speaker 1: you and I podcast that We're like, well, we're gonna 1252 01:07:36,680 --> 01:07:38,360 Speaker 1: have to do this again. We're going to have to 1253 01:07:38,400 --> 01:07:41,120 Speaker 1: do this again because I think the Ford pardon in 1254 01:07:41,160 --> 01:07:42,520 Speaker 1: hindsight was a huge mistake. 1255 01:07:43,040 --> 01:07:44,480 Speaker 2: Oh can't I. 1256 01:07:44,440 --> 01:07:47,480 Speaker 1: Think and so And it turns out and by the way, 1257 01:07:47,760 --> 01:07:50,040 Speaker 1: I was you know, I always say I was raised 1258 01:07:50,880 --> 01:07:53,280 Speaker 1: to believe it, and I was raised to understand it 1259 01:07:53,280 --> 01:07:55,120 Speaker 1: that way. And then we went through Trump and you realized, 1260 01:07:55,200 --> 01:07:59,120 Speaker 1: oh no, you know this set off, This ended up 1261 01:07:59,280 --> 01:08:03,520 Speaker 1: symbolically creating a protected political class that we never should 1262 01:08:03,520 --> 01:08:09,320 Speaker 1: have created. It. It just, yeah, I understand the decision 1263 01:08:09,360 --> 01:08:09,840 Speaker 1: in the moment. 1264 01:08:10,800 --> 01:08:13,360 Speaker 2: What's that I open to this argument. 1265 01:08:13,720 --> 01:08:16,320 Speaker 1: Yeah, I understand the decision in the moment, And I 1266 01:08:16,360 --> 01:08:18,360 Speaker 1: would argue that Ford did it for his own personal 1267 01:08:18,360 --> 01:08:21,360 Speaker 1: political reasons. This was not that I know the idea. 1268 01:08:21,600 --> 01:08:23,679 Speaker 1: It is painted as if it was for the country. 1269 01:08:24,160 --> 01:08:25,960 Speaker 1: But the fact of the matter is, if he didn't 1270 01:08:26,000 --> 01:08:28,160 Speaker 1: pardon for it, he is he does not get the 1271 01:08:28,200 --> 01:08:30,760 Speaker 1: Republican nomination in seventy six, more of. 1272 01:08:30,840 --> 01:08:33,920 Speaker 2: His presidency is totally focused on that right. 1273 01:08:33,960 --> 01:08:36,519 Speaker 1: And this is one month after he makes this decision, 1274 01:08:36,560 --> 01:08:39,000 Speaker 1: one month after he takes office. This is before the 1275 01:08:39,000 --> 01:08:43,000 Speaker 1: seventy four midterms, Okay, which probably made the seventy four 1276 01:08:43,000 --> 01:08:45,559 Speaker 1: midterms even worse for the Republicans for what it's. 1277 01:08:45,400 --> 01:08:46,080 Speaker 2: Worth, for sure. 1278 01:08:46,240 --> 01:08:49,040 Speaker 1: Yeah, but anyway, we've got it. It just feels like 1279 01:08:49,120 --> 01:08:50,639 Speaker 1: we just have to put a pin in our conversation. 1280 01:08:51,760 --> 01:08:54,760 Speaker 1: What's thet tell people, how they read more of you, 1281 01:08:55,240 --> 01:08:57,360 Speaker 1: how they see more of you, all of those things 1282 01:08:57,400 --> 01:09:00,720 Speaker 1: so that people know. I'm a huge advocate the Dispatch. 1283 01:09:00,880 --> 01:09:03,640 Speaker 1: It's one of my places I recommend people to go 1284 01:09:03,680 --> 01:09:07,160 Speaker 1: to all the time. I mean, Scott Linscombe has educated 1285 01:09:07,240 --> 01:09:12,200 Speaker 1: me more about trade than any individual there is, So 1286 01:09:12,240 --> 01:09:14,720 Speaker 1: I just highly recommend so many of your newsletters, but 1287 01:09:14,800 --> 01:09:15,040 Speaker 1: you go. 1288 01:09:16,160 --> 01:09:18,959 Speaker 2: I have a legal podcast with David French called Advisory 1289 01:09:18,960 --> 01:09:21,720 Speaker 2: Opinions where we break down everything the Supreme Court and 1290 01:09:21,840 --> 01:09:24,439 Speaker 2: the circuit public courts are doing. We'll dabble in some 1291 01:09:24,479 --> 01:09:27,400 Speaker 2: state Supreme courts from now and then, and then I 1292 01:09:27,439 --> 01:09:30,120 Speaker 2: have a book coming out called Last Branch Standing that'll 1293 01:09:30,120 --> 01:09:33,160 Speaker 2: be at a Supreme Court explainer and with a lot of 1294 01:09:33,200 --> 01:09:35,360 Speaker 2: you know, a lot of good color for someone like you. 1295 01:09:35,520 --> 01:09:37,800 Speaker 1: Chuck Well, I can't wait. When's the book come out 1296 01:09:37,880 --> 01:09:40,000 Speaker 1: because I'm want to schedule that, but you can order 1297 01:09:40,040 --> 01:09:43,640 Speaker 1: it now. We will, we will schedule that podcast if 1298 01:09:43,680 --> 01:09:47,000 Speaker 1: you will, if you humor me again. And we've got 1299 01:09:47,040 --> 01:09:50,160 Speaker 1: so we've got to fix the Justice Department, uh huh 1300 01:09:50,200 --> 01:09:52,760 Speaker 1: and Ford pardon right, Like, those are the two big 1301 01:09:52,800 --> 01:09:54,680 Speaker 1: things we need to you know, how are we going 1302 01:09:54,760 --> 01:09:59,720 Speaker 1: to our ideas for restoring the public's belief in the 1303 01:09:59,720 --> 01:10:03,439 Speaker 1: world of law? Is it? Can it be done by 1304 01:10:03,479 --> 01:10:05,840 Speaker 1: a president? Or does it? There is this system have 1305 01:10:05,920 --> 01:10:09,879 Speaker 1: to change? And then here's a third item for the agenda. 1306 01:10:10,479 --> 01:10:12,880 Speaker 1: How do we trigger it? How should we get people 1307 01:10:12,920 --> 01:10:15,840 Speaker 1: to embrace a constitutional convention because I kind of think we. 1308 01:10:15,840 --> 01:10:19,160 Speaker 2: Need one, at least an amendment to make amending easier. 1309 01:10:20,160 --> 01:10:22,519 Speaker 1: Oh you would like to do that. I don't mind 1310 01:10:22,520 --> 01:10:25,240 Speaker 1: that amendments are hard. I just think that we just 1311 01:10:25,320 --> 01:10:29,599 Speaker 1: need to make the process not seem like it's it's 1312 01:10:31,320 --> 01:10:33,479 Speaker 1: that it's too much of a slog. Like may be 1313 01:10:33,560 --> 01:10:36,479 Speaker 1: speeding up the process in some form, But I think 1314 01:10:36,520 --> 01:10:37,240 Speaker 1: the idea. 1315 01:10:37,240 --> 01:10:40,480 Speaker 2: Hard, But as Justice Scalia said, it shouldn't be this hard. 1316 01:10:40,920 --> 01:10:43,320 Speaker 1: No interesting. So what does that mean? Give me a 1317 01:10:43,360 --> 01:10:46,840 Speaker 1: quick teaser on that. What would you give right get 1318 01:10:46,920 --> 01:10:47,120 Speaker 1: rid of? 1319 01:10:47,160 --> 01:10:51,320 Speaker 2: Basically the role of Congress in it? The states still 1320 01:10:51,320 --> 01:10:53,800 Speaker 2: need to ratify three quarters of the states, but lower 1321 01:10:54,200 --> 01:10:58,639 Speaker 2: either bypassing Congress or lower the number in Congress. 1322 01:10:58,680 --> 01:11:03,640 Speaker 1: Would you ever endorse national referenda? No, neither would I 1323 01:11:03,720 --> 01:11:05,760 Speaker 1: actually believe state referenda are unconstitutional. 1324 01:11:06,400 --> 01:11:07,320 Speaker 2: I think they're a disaster. 1325 01:11:07,840 --> 01:11:11,160 Speaker 1: Oh, I totally agree that for the most part they've done. 1326 01:11:11,280 --> 01:11:14,479 Speaker 1: You know, that sets things back, doesn't't pave the way forward. 1327 01:11:14,479 --> 01:11:18,559 Speaker 1: It just helps partisans who have who are in the minority. 1328 01:11:19,160 --> 01:11:22,000 Speaker 1: That's all the referendum process seems seems to do. But 1329 01:11:22,280 --> 01:11:25,400 Speaker 1: we are not a direct democracy or a republic, and 1330 01:11:25,479 --> 01:11:27,920 Speaker 1: I assume that that should apply to the States as well. 1331 01:11:28,000 --> 01:11:29,880 Speaker 1: That's why I don't I don't buy that. I am 1332 01:11:29,920 --> 01:11:34,360 Speaker 1: surprised that referenda haven't been challenged under that, under the 1333 01:11:34,400 --> 01:11:38,800 Speaker 1: idea that that it's not what the Framers intended. All right, 1334 01:11:39,360 --> 01:11:42,400 Speaker 1: all right, my friend, we got a big agenda. It's 1335 01:11:42,400 --> 01:11:43,880 Speaker 1: going to take us two hours, so we'll see. 1336 01:11:44,000 --> 01:11:44,320 Speaker 2: I love it. 1337 01:11:44,360 --> 01:11:48,679 Speaker 1: Thank you, it's great to doctor. There's a reason results 1338 01:11:48,680 --> 01:11:51,559 Speaker 1: matter more than promises, just like there's a reason. Morgan 1339 01:11:51,600 --> 01:11:54,880 Speaker 1: and Morgan is America's largest injury law firm. For the 1340 01:11:54,960 --> 01:11:58,360 Speaker 1: last thirty five years, they've recovered twenty five billion dollars 1341 01:11:58,360 --> 01:12:01,439 Speaker 1: for more than half a million clients. It includes cases 1342 01:12:01,439 --> 01:12:05,000 Speaker 1: where insurance companies offered next to nothing, just hoping to 1343 01:12:05,080 --> 01:12:07,560 Speaker 1: get away with paying as little as possible. Morgan and 1344 01:12:07,600 --> 01:12:11,160 Speaker 1: Morgan fought back ended up winning millions. In fact, in Pennsylvania, 1345 01:12:11,200 --> 01:12:14,360 Speaker 1: one client was awarded twenty six million dollars, which was 1346 01:12:14,400 --> 01:12:17,840 Speaker 1: a staggering forty times the amount that the insurance company 1347 01:12:17,880 --> 01:12:21,040 Speaker 1: originally offered. That original offer six hundred and fifty thousand 1348 01:12:21,040 --> 01:12:23,880 Speaker 1: dollars twenty six million, six hundred and fifty thousand dollars. 1349 01:12:23,920 --> 01:12:26,080 Speaker 1: So with more than one thousand lawyers across the country, 1350 01:12:26,240 --> 01:12:28,839 Speaker 1: they know how to deliver for everyday people. If you're injured, 1351 01:12:28,960 --> 01:12:31,519 Speaker 1: you need a lawyer. You need somebody to get your back. 1352 01:12:31,960 --> 01:12:34,680 Speaker 1: Check out for the People dot Com, Slash podcast, or 1353 01:12:35,120 --> 01:12:40,320 Speaker 1: dial pound law, Pound five two nine law on your 1354 01:12:40,360 --> 01:12:42,920 Speaker 1: cell phone. And remember all law firms are not the same, 1355 01:12:43,000 --> 01:12:45,160 Speaker 1: So check out Morgan and Morgan. Their fee is free 1356 01:12:45,400 --> 01:12:46,080 Speaker 1: unless they win