WEBVTT - Marc Elias & Michael Waldman

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<v Speaker 1>Hi, I'm Molly John Fast and this is Fast Politics,

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<v Speaker 1>where we discussed the top political headlines with some of

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<v Speaker 1>today's best minds, and Steve Bennon says, billionaire CEOs or

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<v Speaker 1>supplicants to Trump, we have such a great show for

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<v Speaker 1>you today. Democracy Dockets. Markellized stops by to talk about

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<v Speaker 1>the legal battles of the Trump two point zero era.

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<v Speaker 1>Then we'll talk to the Brennan Centers Michael Waldman about what.

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<v Speaker 2>This whole thing is going to look like. But first

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<v Speaker 2>the news.

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<v Speaker 3>Somali the big, big controversy on the internet. Of course

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<v Speaker 3>over the weekend, there was lots of them, but one

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<v Speaker 3>of them really was that TikTok was banned for a

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<v Speaker 3>few whole hours. What are you seeing happening here?

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<v Speaker 1>You and I are on both different sides of the

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<v Speaker 1>TikTok fiasco.

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<v Speaker 2>You are a TikToker, I am not.

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<v Speaker 3>I'm a TikToker who believes it should be sold to

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<v Speaker 3>a US A company.

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<v Speaker 2>The company.

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<v Speaker 1>Yeah yeah, so but whatever, we can both agree that

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<v Speaker 1>how this has been handled by Biden world is words.

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<v Speaker 3>I mean, who disagrees with that?

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<v Speaker 2>At this point? Nobody disagrees with it. I think even

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<v Speaker 2>Biden would be like, whoops.

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<v Speaker 1>So what happened here was both branch is the House

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<v Speaker 1>and the Senate said we need to ban TikTok.

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<v Speaker 2>It's owned by the Chinese government.

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<v Speaker 1>There's no aggmirate transparency, there's no transparency at all, and

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<v Speaker 1>so we pretty much everyone was like, this has to stop.

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<v Speaker 1>One of the very few times that our government chose

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<v Speaker 1>to legislate, and it was enacted today, the ban, and

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<v Speaker 1>soon after, like Lucy with.

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<v Speaker 2>The fucking football, Donald Trump.

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<v Speaker 1>Was teed up to undo the ban via executive order.

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<v Speaker 2>And there was enough latitude with.

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<v Speaker 1>The way that the law's written that it's not actually

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<v Speaker 1>technically illegal. He's not using his executive order to break

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<v Speaker 1>a law because it's not written quite so clearly.

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<v Speaker 2>But so now TikTok is is bad and Trump.

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<v Speaker 1>Is it looks like a hero to anyone under the

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<v Speaker 1>age of thirty. And this is why Democrats, while having

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<v Speaker 1>very good ideas, still continue to lose elections.

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<v Speaker 2>Congratulations, guys, that was that was not of it.

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<v Speaker 3>We should say, so TikTok is back for ninety days

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<v Speaker 3>after he does this order. But they would still suppose

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<v Speaker 3>they need to sell the at least fifty percent of

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<v Speaker 3>the company to you a US company to have a

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<v Speaker 3>holding in it.

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<v Speaker 1>Yes, and Donald Trump has some of the the Byteedance,

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<v Speaker 1>which is the company that owns TikTok. People up on

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<v Speaker 1>the dais with him during the inauguration, so you can

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<v Speaker 1>see where Donald.

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<v Speaker 2>Trump comes down.

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<v Speaker 3>Great stuff. So in other tech, nice work if you

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<v Speaker 3>can get Trump tech news. He launched a scam coin,

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<v Speaker 3>a meme coin whatever we want to call it, and

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<v Speaker 3>is now twenty five billion dollars richer.

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<v Speaker 2>Yes, trump coin.

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<v Speaker 1>And there was a great headline in the FT which

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<v Speaker 1>proclaimed and I think this is pretty great. The president

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<v Speaker 1>elect of the United States is promoting a shit coin.

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<v Speaker 1>So that's from FT. That's something. Let me tell you

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<v Speaker 1>a shit coin. Yes, And from that shitcoin he has

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<v Speaker 1>made twenty five billion dollars and also lost the respect

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<v Speaker 1>of a lot of crypto people for whom crypto is

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<v Speaker 1>actually a real thing, including the guy who owns Barstool Sports,

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<v Speaker 1>who is Dave Fortnoy yet not a feminist icon by

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<v Speaker 1>any stretch of the imagination. Very mad about Trump's shit Now?

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<v Speaker 1>Is he mad because he himself can't launch a shit coin?

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<v Speaker 2>Who knows?

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<v Speaker 1>I'm going to read you what I just I have

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<v Speaker 1>a dumb two part question This is from Dave port

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<v Speaker 1>Noi Feminist Icon. What's the difference between the Hawk two coin,

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<v Speaker 1>which was Tua whatever, the Hawk Tua coin and the

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<v Speaker 1>Trump coin besides nothing? And then part two?

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<v Speaker 2>Can I string up my.

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<v Speaker 1>Own coin now and tell people it's a Ponzi scheme

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<v Speaker 1>from the jump and I'm going to pull the rug

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<v Speaker 1>at some point anyway, The point is welcome to the

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<v Speaker 1>resistant feminist icon.

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<v Speaker 2>Dave Portnoy.

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<v Speaker 3>Yes, And for people who are in fluent, the Hawk

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<v Speaker 3>to a Girl who became meme famous that pull did

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<v Speaker 3>a meme coin has now been in hiding ever since

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<v Speaker 3>she did it because she got such a huge backlash.

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<v Speaker 2>Right. She also she was a Ponzi scheme.

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<v Speaker 1>So congratulations Donald Trump, You and the Hawk to a

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<v Speaker 1>Girl have have more in common than not.

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<v Speaker 3>I could see it. So the other big scam news though,

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<v Speaker 3>is that Trump's inauguration has been moved in doors through rotunda,

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<v Speaker 3>where now they will be able to keep two hundred

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<v Speaker 3>million dollars of contributions.

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<v Speaker 1>My hottest take is they're going to keep a lot

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<v Speaker 1>of the money anyway. Also, remember they wanted him to

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<v Speaker 1>be indoors anyway, so he Trump has moved the inauguration inside.

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<v Speaker 1>It means that a lot of his people who bought

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<v Speaker 1>tickets now have to go go to their members of

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<v Speaker 1>Congress to get them refunded. They're not offering refunds. Technically

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<v Speaker 1>it will be less expensive. Also, it is very cold,

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<v Speaker 1>so that's one of the reasons why they're moving in inside.

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<v Speaker 2>And also remember Trump.

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<v Speaker 1>Has had a lot of violence directed towards him. I

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<v Speaker 1>think him moving in inside is largely a better idea. Now,

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<v Speaker 1>you know what's not a good idea, all the stuff

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<v Speaker 1>that Trump wants to do once he's in office.

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<v Speaker 3>I agree.

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<v Speaker 1>Today we had the Wall Street Journal out with that

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<v Speaker 1>he's going to declare a national emergency at the United

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<v Speaker 1>States Mexico border. This we'll see this tomorrow and Tuesday. Look,

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<v Speaker 1>all weekend we had different bits of news. Remember we

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<v Speaker 1>had Tom Holman, who's the new Border securiti Zar, who

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<v Speaker 1>had been on television saying they were going to enact

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<v Speaker 1>parts of the Project twenty twenty five agenda. You'll remember

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<v Speaker 1>the Project twenty twenty five agenda being all the stuff

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<v Speaker 1>that was so unpopular that Donald Trump pretended he wasn't

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<v Speaker 1>going to do it. Well, now he's going to do it.

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<v Speaker 1>So part of it is these they're going to use

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<v Speaker 1>these emergency these emergency declarations as a way to skirt

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<v Speaker 1>a lot of law to give himself a legal framework.

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<v Speaker 1>You'll remember that last time, in twenty seventeen, twenty sixteen,

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<v Speaker 1>twenty seventeen, Trump enacted the Muslim ban, and that was

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<v Speaker 1>not able to stay, not because it was unconstitutional, though

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<v Speaker 1>certainly there's an argument for that, but because the Supreme

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<v Speaker 1>the United States Supreme Court fild Trump didn't do it

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<v Speaker 1>the right way and didn't dot the i's.

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<v Speaker 2>And cross the t's.

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<v Speaker 1>So this time Trump is vowed to use the military

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<v Speaker 1>to assist with deportations, and to do that he has

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<v Speaker 1>to use these emergency and wartime powers acts. There are three.

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<v Speaker 1>The Insurrection Act and that is the one that we've

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<v Speaker 1>talked a lot about. That's the one that would be

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<v Speaker 1>where he would be able to go after protesters or

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<v Speaker 1>send the army after Americans. There's the National Enemies Act,

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<v Speaker 1>and then there's the Alien Enemies Act, to which you

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<v Speaker 1>and you may remember on this podcast, we've done a lot.

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<v Speaker 2>Of talking about that act.

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<v Speaker 1>That's that act where you can put you can say

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<v Speaker 1>that members of countries you're at war with, are enemy

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<v Speaker 1>combatants and then put them in camps.

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<v Speaker 2>I think that is going.

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<v Speaker 1>To be the hardest one because it has only been

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<v Speaker 1>used three times during three different wars. But you know,

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<v Speaker 1>this is what we're going to get to see is

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<v Speaker 1>a sort of Trump doing crazy stuff with the law

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<v Speaker 1>in order to try to get to do things that

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<v Speaker 1>are extra judicial, that are things that are not within

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<v Speaker 1>the normal bounds of the law. And I think we're

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<v Speaker 1>going to see more and more about that. And I

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<v Speaker 1>want to just say right now, because we're just going

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<v Speaker 1>into this Trump and I'm saying this for myself as

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<v Speaker 1>much as.

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<v Speaker 2>For anyone else. He wants shock and awe.

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<v Speaker 1>He wants people to be upset, like the Tom Holman

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<v Speaker 1>stuff in Chicago that he was planning a raid. Part

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<v Speaker 1>of this is to get people scared, right. Part of

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<v Speaker 1>him saying he's going to go after his enemies is

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<v Speaker 1>to make people, you know, obey in advance. I mean,

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<v Speaker 1>just like what's happening at Meta. He wants that to

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<v Speaker 1>happen with everyone. So it's worth just remembering that when

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<v Speaker 1>you start seeing these these headlines come out, some of

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<v Speaker 1>this is certainly real, and some of this is meant

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<v Speaker 1>to get people upset, and you'll remember, the cruelty is

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<v Speaker 1>the point, but it's also just the sort of the

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<v Speaker 1>fear to make people scared. And so as much as

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<v Speaker 1>there's a lot of scary stuff that's going to happen,

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<v Speaker 1>there's also we all just you know, we have gotten

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<v Speaker 1>through one Trump admin and we will get through another.

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<v Speaker 1>Mark Elias is the founder of Democracy Dockett.

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<v Speaker 2>Welcome back to Fast Politics.

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<v Speaker 4>Mark, thanks for having me.

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<v Speaker 1>Okay, so first we're going to talk about how you

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<v Speaker 1>superheroed in to the Justice Riggs situation. North Carolina Democrat

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<v Speaker 1>won re election in the Supreme Court and the Republican

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<v Speaker 1>was like, no.

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<v Speaker 4>Yeah, this should be a much bigger story than it is.

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<v Speaker 4>In twenty twenty, we all understood that what Donald Trump

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<v Speaker 4>was trying to do after the election was still an

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<v Speaker 4>election by trying to throw out tens of thousands of

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<v Speaker 4>legal votes in a number of different states, and we

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<v Speaker 4>all stood up and I was happy to represent President

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<v Speaker 4>Biden and defeat that effort in court. But that's what's

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<v Speaker 4>happening in North Carolina. That's what we've seen in the

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<v Speaker 4>last since election day. Alison Riggs, incumbent Democratic state Supreme

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<v Speaker 4>Court justice won a narrow victory that was confirmed in

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<v Speaker 4>a recount. It was confirmed in a second recount, and

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<v Speaker 4>the Republican National Committee, along with the state party and

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<v Speaker 4>the candidate there have been trying to pitch this theory

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<v Speaker 4>that there were sixty thousand voters who, by the way,

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<v Speaker 4>were legal, like, there's no question these were not fraudent voters,

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<v Speaker 4>but they're saying that those voters votes should be thrown

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<v Speaker 4>out because essentially they think the state law was not

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<v Speaker 4>requiring certain information on their voter registration forms, which is,

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<v Speaker 4>by the way, bunk in and of itself. But even

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<v Speaker 4>if it wasn't bunk like, this is the information the

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<v Speaker 4>state saw it from these votersister. I'm of two minds of.

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<v Speaker 5>This, Molly.

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<v Speaker 4>One is that this is about stealing a state Supreme

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<v Speaker 4>Court seat, and I think that probably for the candidate,

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<v Speaker 4>that's it. But I think that the other thing that's

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<v Speaker 4>going on here is that why you see the RNC involved,

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<v Speaker 4>Because you know it's a five to two court already, right,

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<v Speaker 4>Republic's already controlled this court seat, So why is the

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<v Speaker 4>RNC involved. I think the rnc's involved because they view

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<v Speaker 4>this as if they win this, if they're able to

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<v Speaker 4>pull this off, then they're able to say that Donald

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<v Speaker 4>Trump in twenty twenty was right, like in a weird way.

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<v Speaker 4>This is them trying to vindicate a larger question of

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<v Speaker 4>you know, throwing out sixty thousand votes after an election's

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<v Speaker 4>taking place.

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<v Speaker 2>Yeah, And I think that's exactly right.

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<v Speaker 1>And I think that what is interesting here is that

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<v Speaker 1>this is the kind of stuff that is really bad,

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<v Speaker 1>and that is really the legacy of Trump's twenty twenty

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<v Speaker 1>crusade is that if you don't like the results of

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<v Speaker 1>an election, you can just say no. And it is

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<v Speaker 1>the sort of ethos of Trumpism, too, right. I mean,

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<v Speaker 1>like I was just talking with a guest about Restvott.

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<v Speaker 1>Restvaught's whole thing was that he went into omb and

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<v Speaker 1>was like, no, I don't want to give you money for.

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<v Speaker 4>That now, right, Yeah. So I would say it's not

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<v Speaker 4>just the East ethos. I think it's the animated principle

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<v Speaker 4>of trump Ism. People want to know, like what is mechanism,

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<v Speaker 4>and they like contort themselves to try to find a

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<v Speaker 4>some coherent theory of government with Donald Trump, which there isn't.

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<v Speaker 4>I think the only consistent thing is abuse of the law.

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<v Speaker 4>I mean think about it, like, you know, what is

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<v Speaker 4>what was Donald Trump known for before he became a politician. Well,

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<v Speaker 4>you know, he wanted his roy cone. He wanted to

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<v Speaker 4>ignore building code, you know, building codes or whatever or

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<v Speaker 4>whatever the I mean his father did with the you know,

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<v Speaker 4>the civil rights violation. Like he has always been about

0:11:55.679 --> 0:11:57.280
<v Speaker 4>abusing the legal system.

0:11:57.480 --> 0:11:58.080
<v Speaker 5>He sues.

0:11:58.320 --> 0:12:00.280
<v Speaker 4>He you know, think about all the frivol's laws since

0:12:00.280 --> 0:12:03.120
<v Speaker 4>he's brought against people. And so you know what you

0:12:03.160 --> 0:12:06.360
<v Speaker 4>say about omb it's like the animating principle is we

0:12:06.400 --> 0:12:07.400
<v Speaker 4>don't have to follow.

0:12:07.160 --> 0:12:09.400
<v Speaker 2>The law, right, No, No, agreed.

0:12:09.600 --> 0:12:12.520
<v Speaker 1>And I think what has been interesting is that trump

0:12:12.640 --> 0:12:15.360
<v Speaker 1>Ism does not scale right. Trump is a separate brand

0:12:15.400 --> 0:12:19.000
<v Speaker 1>from the Republican Party. Republicans are hoping now. I think

0:12:19.200 --> 0:12:21.600
<v Speaker 1>what I think is was interesting in Trump one point

0:12:21.679 --> 0:12:24.960
<v Speaker 1>zero was that in Trump one point zero, Republicans were

0:12:25.000 --> 0:12:27.720
<v Speaker 1>sort of went along to get along, and they thought

0:12:27.720 --> 0:12:30.560
<v Speaker 1>that he would help their brand. Now I think they've

0:12:30.600 --> 0:12:33.440
<v Speaker 1>realized that it doesn't transfer. So they're just trying to

0:12:33.480 --> 0:12:36.520
<v Speaker 1>sort of get as much of his sort of magic

0:12:36.679 --> 0:12:40.720
<v Speaker 1>fairy dust or whatever it is, probably fame on them

0:12:40.800 --> 0:12:42.440
<v Speaker 1>in the hopes that they can take over.

0:12:43.080 --> 0:12:43.360
<v Speaker 5>Yeah.

0:12:43.440 --> 0:12:46.440
<v Speaker 4>I think that Actually, you're right that in the first

0:12:46.760 --> 0:12:49.200
<v Speaker 4>term they thought he might help their brand. I think

0:12:49.200 --> 0:12:52.160
<v Speaker 4>in the second term they are resigned to the fact

0:12:52.160 --> 0:12:54.840
<v Speaker 4>that he has replaced their brand. You know, in many usbecs,

0:12:54.880 --> 0:12:57.840
<v Speaker 4>you know, Mike Johnson is not really the leader of

0:12:57.840 --> 0:13:00.280
<v Speaker 4>the House Republicans, Donald Trump is, you know. I mean,

0:13:00.320 --> 0:13:04.160
<v Speaker 4>like there really aren't any Republican leaders who independent of

0:13:04.200 --> 0:13:07.520
<v Speaker 4>Donald Trump exert any authority or power. And so I

0:13:07.559 --> 0:13:10.120
<v Speaker 4>think what they are they're like, Okay, fine, we have

0:13:10.240 --> 0:13:12.960
<v Speaker 4>no brand. There is no Republican brand, and now they're

0:13:13.000 --> 0:13:16.439
<v Speaker 4>going to see whether if they just throw in to

0:13:16.600 --> 0:13:19.320
<v Speaker 4>Trump's brand, like you said, does any of it rub off,

0:13:19.400 --> 0:13:22.320
<v Speaker 4>and then they be they gain power derivatively of that.

0:13:22.840 --> 0:13:23.160
<v Speaker 2>Yeah.

0:13:23.200 --> 0:13:25.760
<v Speaker 1>And we saw this with the election to a certain extent,

0:13:25.800 --> 0:13:28.160
<v Speaker 1>I mean, because we saw voters who voted for Trump

0:13:28.160 --> 0:13:29.400
<v Speaker 1>and left the bottom of the ticket.

0:13:29.440 --> 0:13:31.959
<v Speaker 4>Bye, that's exactly right, you know, and we've seen Look,

0:13:31.960 --> 0:13:34.640
<v Speaker 4>we've seen it, not just in that we've seen it.

0:13:34.679 --> 0:13:37.120
<v Speaker 4>You know, Trump had reverse coattails like kind of what

0:13:37.160 --> 0:13:40.080
<v Speaker 4>you're saying, Like Democrats did better in the Senate than

0:13:40.120 --> 0:13:41.920
<v Speaker 4>they did at the presidency, and they did better in

0:13:41.960 --> 0:13:45.199
<v Speaker 4>the House even still, and that is because there is no,

0:13:45.559 --> 0:13:49.160
<v Speaker 4>there's no there's no Republicanism. There is just Donald Trump

0:13:49.200 --> 0:13:51.880
<v Speaker 4>and then sort of his his merry band of siccophants.

0:13:52.200 --> 0:13:54.920
<v Speaker 4>And so I think that Trump two point zero is

0:13:54.960 --> 0:13:57.560
<v Speaker 4>about how do you fold into that? I mean, look

0:13:57.559 --> 0:13:59.959
<v Speaker 4>at the business community, look at the look at look

0:14:00.160 --> 0:14:02.360
<v Speaker 4>what it's doing. I mean, it's it's folding into that.

0:14:02.760 --> 0:14:04.679
<v Speaker 2>It is unbelievable.

0:14:04.720 --> 0:14:07.440
<v Speaker 1>And you and I actually talk offline about this all

0:14:07.480 --> 0:14:08.040
<v Speaker 1>the time.

0:14:09.600 --> 0:14:11.080
<v Speaker 4>I wasn't going to say that, but we do.

0:14:11.559 --> 0:14:12.520
<v Speaker 2>We do. We're friends.

0:14:12.520 --> 0:14:14.719
<v Speaker 4>We're friends, and we've thought and we worry about it. Yes,

0:14:14.760 --> 0:14:17.360
<v Speaker 4>we jgularly for people who don't know. Off air, we

0:14:17.440 --> 0:14:19.720
<v Speaker 4>worry about this and talk about it as well.

0:14:19.800 --> 0:14:24.160
<v Speaker 1>Yes, because it's unbelievably scary. I mean, you know, since

0:14:24.200 --> 0:14:29.240
<v Speaker 1>Donald Trump won the election, basically every billionaire, every single

0:14:29.560 --> 0:14:32.640
<v Speaker 1>company that is going to have any kind of legislation

0:14:32.720 --> 0:14:34.640
<v Speaker 1>in front of him, has been like, you know, how

0:14:34.720 --> 0:14:35.800
<v Speaker 1>much can we donate to you?

0:14:36.320 --> 0:14:40.480
<v Speaker 4>Yeah, it's remarkable. You know, Normally raising money for things

0:14:40.480 --> 0:14:43.040
<v Speaker 4>like the inauguration is really hard because like a lot

0:14:43.040 --> 0:14:45.560
<v Speaker 4>of companies don't want to get involved in what they

0:14:45.680 --> 0:14:48.360
<v Speaker 4>historically would perceive to be you know, sort of giving

0:14:48.400 --> 0:14:51.760
<v Speaker 4>money for a party for the incoming president. Now, not

0:14:51.800 --> 0:14:56.320
<v Speaker 4>only are corporate CEOs and corporations eager to do so

0:14:56.520 --> 0:14:59.400
<v Speaker 4>when they ran out of benefits to give, corporations are

0:14:59.400 --> 0:15:01.320
<v Speaker 4>still giving them, like they're giving them money even not

0:15:01.440 --> 0:15:04.040
<v Speaker 4>getting tickets that I think they're doing it just to

0:15:04.080 --> 0:15:06.160
<v Speaker 4>be able to show Donald Trump that they that they

0:15:06.200 --> 0:15:09.280
<v Speaker 4>are supporting. And the other thing is Molly. It's like

0:15:09.480 --> 0:15:12.280
<v Speaker 4>sometimes the corporations give it and sometimes actually the billionaire

0:15:12.360 --> 0:15:13.560
<v Speaker 4>just gives out of their own pocket.

0:15:13.760 --> 0:15:18.320
<v Speaker 1>It's just remarkable, Yes, And I think what's really interesting

0:15:18.440 --> 0:15:22.840
<v Speaker 1>about this is that as we see these billionaires making

0:15:22.880 --> 0:15:27.239
<v Speaker 1>these choices, they are not even trying to excuse themselves.

0:15:27.320 --> 0:15:29.760
<v Speaker 1>And then we see today and I feel like at

0:15:29.800 --> 0:15:32.600
<v Speaker 1>every point they keep getting undermined by Trump, so like

0:15:32.800 --> 0:15:34.440
<v Speaker 1>they give all this money, and then we see the

0:15:34.520 --> 0:15:37.080
<v Speaker 1>Jack Smith stuff come out, and it shows that Trump

0:15:37.080 --> 0:15:39.720
<v Speaker 1>has even done more right there. He's been a little

0:15:39.720 --> 0:15:41.840
<v Speaker 1>bit even, you know, just putting out this sort of

0:15:41.880 --> 0:15:46.120
<v Speaker 1>information of how he was involved in trying to overturn

0:15:46.120 --> 0:15:49.240
<v Speaker 1>the twenty twenty election is pretty you know, if you

0:15:49.320 --> 0:15:52.480
<v Speaker 1>have any moral compass, you're like, wow, this guy. And

0:15:52.520 --> 0:15:56.800
<v Speaker 1>then today we saw that all of these former presidents right.

0:15:57.120 --> 0:15:58.560
<v Speaker 1>I mean, I don't know if you saw this because

0:15:58.560 --> 0:16:01.480
<v Speaker 1>it's breaking news, but that in fact, all of these

0:16:01.520 --> 0:16:05.280
<v Speaker 1>former presidents are refusing to go and to his inauguration.

0:16:05.600 --> 0:16:08.960
<v Speaker 1>It's not just and for this one, it's Barack Obama,

0:16:09.040 --> 0:16:13.240
<v Speaker 1>Bill Clinton, George W. Bush all will not attend Trump's

0:16:13.240 --> 0:16:17.800
<v Speaker 1>traditional inauguration lunch. I guess they don't want to suck

0:16:17.880 --> 0:16:18.800
<v Speaker 1>up to tech bros.

0:16:18.920 --> 0:16:21.600
<v Speaker 4>Right, and again, you know, the thing that I find

0:16:21.640 --> 0:16:25.080
<v Speaker 4>most remarkable is that these tech pro billionaires, you know,

0:16:25.160 --> 0:16:27.560
<v Speaker 4>they strut around as if they are the most important

0:16:27.560 --> 0:16:30.600
<v Speaker 4>people on earth. They're all powerful, all knowing all everything,

0:16:30.840 --> 0:16:33.320
<v Speaker 4>and they have kind of turned themselves into like the

0:16:33.360 --> 0:16:36.040
<v Speaker 4>court jesters of Donald Trump. You know, he summons them

0:16:36.080 --> 0:16:38.160
<v Speaker 4>when he wants to be entertained. He's going to like,

0:16:38.280 --> 0:16:40.160
<v Speaker 4>you know, he's seating them, like there's going to be

0:16:40.200 --> 0:16:42.520
<v Speaker 4>some seating area for them. You know, he's doing this

0:16:42.680 --> 0:16:44.040
<v Speaker 4>to humiliate them, and.

0:16:43.960 --> 0:16:46.080
<v Speaker 2>He's got them fighting against each other.

0:16:46.560 --> 0:16:46.760
<v Speaker 5>Yeah.

0:16:46.840 --> 0:16:49.520
<v Speaker 4>Right, they think they're especially he's doing good to so

0:16:49.520 --> 0:16:52.040
<v Speaker 4>they'll be this visual of how he is. Essentially, he's

0:16:52.080 --> 0:16:53.600
<v Speaker 4>made them all sick with one another.

0:16:53.920 --> 0:16:54.200
<v Speaker 2>Yeah.

0:16:54.280 --> 0:16:56.600
<v Speaker 1>There are a lot of theories out there about Trump

0:16:56.640 --> 0:16:59.920
<v Speaker 1>and Elon and whether are this romance end? And you know,

0:17:00.240 --> 0:17:03.120
<v Speaker 1>I've heard everything under the sun from like Elon loves

0:17:03.120 --> 0:17:05.760
<v Speaker 1>Trump because he feels like he's a father friguer too.

0:17:06.480 --> 0:17:09.840
<v Speaker 1>Trump is using Elon as a fog guy for when

0:17:09.880 --> 0:17:12.919
<v Speaker 1>things go wrong. And I mean, if you were to

0:17:13.040 --> 0:17:15.960
<v Speaker 1>just look historically at Trump one point oh versus Trump

0:17:15.960 --> 0:17:18.240
<v Speaker 1>two point zero and Trump one point oh, there were

0:17:18.280 --> 0:17:19.919
<v Speaker 1>a number of fall guys.

0:17:20.240 --> 0:17:23.040
<v Speaker 4>Oh, with Trump, the one thing there always is is

0:17:23.080 --> 0:17:26.919
<v Speaker 4>a fall guy. Like the thing about authoritarians is that

0:17:26.960 --> 0:17:28.879
<v Speaker 4>it can never be their full like whatever it is,

0:17:29.480 --> 0:17:32.200
<v Speaker 4>whatever the thing is, large or small. You know, remember

0:17:32.400 --> 0:17:34.760
<v Speaker 4>after the first inauguration, they go back to the White

0:17:34.800 --> 0:17:37.400
<v Speaker 4>House briefing room, there's a press conference with Sean Spicer.

0:17:37.760 --> 0:17:41.320
<v Speaker 4>It goes horribly wrong on crowd size. It was Sean

0:17:41.359 --> 0:17:45.359
<v Speaker 4>Spicer like shortly thereafter like fall guy, and Mike is

0:17:45.400 --> 0:17:48.080
<v Speaker 4>out right and so like it can never like and

0:17:48.080 --> 0:17:49.520
<v Speaker 4>that was a small thing, right, that was like like

0:17:49.560 --> 0:17:51.080
<v Speaker 4>who cares? Like who cares what the size of the

0:17:51.119 --> 0:17:53.720
<v Speaker 4>crowd was other than Donald Trump. But with Donald Trump,

0:17:53.800 --> 0:17:55.719
<v Speaker 4>there always is going to be fall guys. So of

0:17:55.760 --> 0:17:59.120
<v Speaker 4>course it will be at some point whoever it'll be,

0:17:59.560 --> 0:18:02.520
<v Speaker 4>you know, it'll be Steven Miller. It'll be Remember one boy,

0:18:02.640 --> 0:18:05.640
<v Speaker 4>Steve Bannon got exiled from Trump World. And if Elon

0:18:05.720 --> 0:18:08.680
<v Speaker 4>Musk thinks he's any different, he's kidding himself. If what's

0:18:08.680 --> 0:18:11.879
<v Speaker 4>his name Zuckerberg thinks he's any different, Like Zuckerberg already

0:18:11.960 --> 0:18:13.600
<v Speaker 4>was the fall guy once for Donald Trump. But yet

0:18:13.600 --> 0:18:15.240
<v Speaker 4>he's groveling back his way in.

0:18:15.520 --> 0:18:18.960
<v Speaker 1>Yeah, and even like we're seeing reporting, you know that

0:18:19.240 --> 0:18:22.239
<v Speaker 1>Trump is already making fun of Steve Bannon for how

0:18:22.359 --> 0:18:25.199
<v Speaker 1>racist he is, right that he the guy loved you know,

0:18:25.240 --> 0:18:27.360
<v Speaker 1>there's some line in there about how.

0:18:27.320 --> 0:18:28.960
<v Speaker 2>You know he loves immigration so much.

0:18:29.000 --> 0:18:31.320
<v Speaker 1>I mean, the thing that I think is so interesting

0:18:31.359 --> 0:18:34.359
<v Speaker 1>about like trump World destroying the mainstream media, which is

0:18:34.520 --> 0:18:37.840
<v Speaker 1>basically what's happened at this point, is that Trump loved

0:18:37.880 --> 0:18:41.440
<v Speaker 1>the mainstream media. That like, without a mainstream media, there

0:18:41.440 --> 0:18:44.120
<v Speaker 1>will be no Trump because these stories are all being

0:18:44.160 --> 0:18:46.760
<v Speaker 1>reported because there are leakers.

0:18:47.080 --> 0:18:50.520
<v Speaker 4>Yeah, no, that's exactly right, and you're spot on. I mean,

0:18:50.560 --> 0:18:53.959
<v Speaker 4>the weird thing about trump Ism and Donald Trump is

0:18:54.000 --> 0:18:59.160
<v Speaker 4>that trump Ism acts like the mainstream media is irrelevant,

0:18:59.359 --> 0:19:03.000
<v Speaker 4>like completely irrelevant. But Donald Trump, there is nothing more

0:19:03.000 --> 0:19:06.920
<v Speaker 4>relevant to Donald Trump that his coverage in the mainstream

0:19:08.480 --> 0:19:11.600
<v Speaker 4>I don't understand it, honestly, because you know, as you

0:19:11.640 --> 0:19:13.480
<v Speaker 4>and I have talked, like, I'm more of a critic

0:19:13.520 --> 0:19:16.679
<v Speaker 4>of the mainstream media than probably you are. But nobody

0:19:16.720 --> 0:19:19.359
<v Speaker 4>loves his mainstream media more than Donald Trump.

0:19:19.640 --> 0:19:22.000
<v Speaker 1>Yeah, we go back and forth on this conversation to

0:19:22.040 --> 0:19:24.000
<v Speaker 1>the mainstream media. My whole thing is just that the

0:19:24.119 --> 0:19:26.920
<v Speaker 1>reporting is so important and we're not going to get

0:19:26.920 --> 0:19:30.160
<v Speaker 1>it anywhere else. That said, I feel a little bit

0:19:30.240 --> 0:19:33.200
<v Speaker 1>good because and this is like a place I used

0:19:33.200 --> 0:19:35.320
<v Speaker 1>to work and was not a good place for me,

0:19:35.680 --> 0:19:38.520
<v Speaker 1>But I think is I'm very excited that The Atlantic

0:19:38.680 --> 0:19:39.880
<v Speaker 1>is going to do more reporting.

0:19:40.040 --> 0:19:42.560
<v Speaker 4>Oh, the Atlantic is fabulous, And I do single out

0:19:42.600 --> 0:19:45.199
<v Speaker 4>in individual publications, by the way, and I've singled out

0:19:45.240 --> 0:19:47.159
<v Speaker 4>the Atlantic before. I think the Atlantic is fabulous. I

0:19:47.200 --> 0:19:48.680
<v Speaker 4>think it does phenomenal reporting.

0:19:48.840 --> 0:19:53.280
<v Speaker 1>And they're picking up a lot of the reporters who

0:19:53.440 --> 0:19:54.920
<v Speaker 1>you know, they're not saying at the Watching Post.

0:19:54.960 --> 0:19:57.400
<v Speaker 2>So like Ashley Parker, who I think is very.

0:19:57.280 --> 0:20:01.359
<v Speaker 1>Talented, is going to the Atlantic, and even like the

0:20:01.480 --> 0:20:05.360
<v Speaker 1>Wall Street Journal, which is owned by pretty much one

0:20:05.359 --> 0:20:08.480
<v Speaker 1>of the sort of architects of trump Ism. But at

0:20:08.560 --> 0:20:11.760
<v Speaker 1>least you know, they have done some good reporting. I

0:20:11.920 --> 0:20:15.199
<v Speaker 1>personally have to separate the weed from the shaft when

0:20:15.280 --> 0:20:18.560
<v Speaker 1>it comes to because I just think without this reporting,

0:20:18.600 --> 0:20:19.200
<v Speaker 1>we're sunk.

0:20:19.760 --> 0:20:20.000
<v Speaker 5>Yeah.

0:20:20.040 --> 0:20:23.120
<v Speaker 4>I think the place where you and I differ is

0:20:23.280 --> 0:20:27.520
<v Speaker 4>whether that has to exist or whether it should exist

0:20:27.840 --> 0:20:33.040
<v Speaker 4>in a consolidated, large scale newspaper format. I mean, I

0:20:33.040 --> 0:20:34.879
<v Speaker 4>would say one of the strengths of the Atlantic is

0:20:34.880 --> 0:20:36.359
<v Speaker 4>that it's actually not a daily.

0:20:36.080 --> 0:20:38.960
<v Speaker 2>Newspaper, right for sure, it's small, yeah, and.

0:20:38.880 --> 0:20:41.800
<v Speaker 4>So like to me, it therefore allows it to do

0:20:42.400 --> 0:20:46.000
<v Speaker 4>reporting in a way that makes it less accountable to

0:20:46.119 --> 0:20:50.040
<v Speaker 4>the day and day day out transactional relationships with you know,

0:20:50.040 --> 0:20:52.880
<v Speaker 4>for example, a Trump Whitehouse. And so that's I think

0:20:53.040 --> 0:20:55.000
<v Speaker 4>probably one of the difference between you and I is

0:20:55.040 --> 0:20:57.720
<v Speaker 4>I wouldn't put the I wouldn't put The Atlantic in

0:20:57.800 --> 0:21:01.159
<v Speaker 4>the bucket of traditional legacy media in the way that

0:21:01.200 --> 0:21:02.640
<v Speaker 4>I would the Washington Post.

0:21:02.440 --> 0:21:02.960
<v Speaker 5>For example.

0:21:03.280 --> 0:21:04.520
<v Speaker 2>Right, but the Washington Post.

0:21:04.600 --> 0:21:08.080
<v Speaker 1>I mean again, there was this letter this week four hundred.

0:21:08.119 --> 0:21:09.840
<v Speaker 2>I mean, all of these editors like.

0:21:10.200 --> 0:21:12.800
<v Speaker 1>Leading with Bezos to just like we need to go

0:21:12.880 --> 0:21:15.960
<v Speaker 1>back to the Watergate Washington Post, and I mean, I

0:21:16.000 --> 0:21:17.160
<v Speaker 1>don't think that's happening.

0:21:17.359 --> 0:21:19.639
<v Speaker 4>But but that's I think my point is that I

0:21:19.680 --> 0:21:22.800
<v Speaker 4>think that the big paradigm shift that we have learned

0:21:22.840 --> 0:21:25.919
<v Speaker 4>after the election is we assumed for many, many years

0:21:26.119 --> 0:21:31.199
<v Speaker 4>that if you had a large news institution that was

0:21:31.440 --> 0:21:35.240
<v Speaker 4>very prominent, very prestigious, and well funded, it would be

0:21:35.240 --> 0:21:38.400
<v Speaker 4>able to stand up to Donald Trump and people like him,

0:21:38.440 --> 0:21:40.240
<v Speaker 4>It would be able to hold people in power account

0:21:40.320 --> 0:21:43.480
<v Speaker 4>and that the problem with smaller independent media is that

0:21:43.520 --> 0:21:45.960
<v Speaker 4>they wouldn't have the resources to fight those fights. And

0:21:46.000 --> 0:21:48.320
<v Speaker 4>what it turns out is it's actually the opposite, because

0:21:48.320 --> 0:21:51.840
<v Speaker 4>it is those large institutions, because they have so many

0:21:51.880 --> 0:21:55.359
<v Speaker 4>holdings that government can touch, they're actually they you know,

0:21:55.520 --> 0:21:58.480
<v Speaker 4>like they are they If you're Disney, okay, you have

0:21:58.640 --> 0:22:01.480
<v Speaker 4>so many pieces of gus of business for the federal government.

0:22:01.480 --> 0:22:03.760
<v Speaker 4>Are you really going to be on Donald Trump's bad side?

0:22:03.840 --> 0:22:06.160
<v Speaker 4>If you are Jeff Bezos? You know, not that I'm

0:22:06.160 --> 0:22:08.479
<v Speaker 4>defending Jeff Bezos or Disney, but I think you know,

0:22:08.680 --> 0:22:10.320
<v Speaker 4>he would say like, I have so many you know,

0:22:10.440 --> 0:22:12.239
<v Speaker 4>or he wouldn't say, but one might say about him,

0:22:12.280 --> 0:22:14.200
<v Speaker 4>you know, he has rockets he wants to launch, he

0:22:14.240 --> 0:22:16.879
<v Speaker 4>has aws services he wants to sell, and so like,

0:22:17.040 --> 0:22:19.200
<v Speaker 4>how much are you willing to be on the bad

0:22:19.240 --> 0:22:23.399
<v Speaker 4>side of a narcissist president, whereas if you are a

0:22:23.560 --> 0:22:27.000
<v Speaker 4>smaller publication or an independent publication, the government has no

0:22:27.080 --> 0:22:29.359
<v Speaker 4>leverage over you. Donald Trump doesn't have any leverage over you,

0:22:29.480 --> 0:22:31.680
<v Speaker 4>and so you can afford to be tougher on them.

0:22:31.760 --> 0:22:32.440
<v Speaker 2>Yeah, agreed.

0:22:32.560 --> 0:22:34.840
<v Speaker 1>And I also think you know this is why we're

0:22:34.880 --> 0:22:36.920
<v Speaker 1>not supposed to have monopolies, right. This is the case

0:22:36.960 --> 0:22:40.480
<v Speaker 1>against monopolies is that if you own everything, you're conflicted

0:22:40.560 --> 0:22:41.160
<v Speaker 1>on everything.

0:22:41.280 --> 0:22:41.680
<v Speaker 5>Correct.

0:22:41.720 --> 0:22:44.080
<v Speaker 4>That's I think you've actually just put it probably better

0:22:44.119 --> 0:22:46.960
<v Speaker 4>than I could. It is classic anti trust theory and

0:22:47.000 --> 0:22:48.240
<v Speaker 4>why monopolies are bad.

0:22:48.400 --> 0:22:51.240
<v Speaker 2>Yeah. I mean, how down on democrats are you?

0:22:51.280 --> 0:22:53.760
<v Speaker 1>Because this has been a very tough three months for me,

0:22:53.920 --> 0:22:57.639
<v Speaker 1>and I have cycled through self blame other blame. I

0:22:57.680 --> 0:23:00.080
<v Speaker 1>think of you as very tough, and that is one

0:22:59.960 --> 0:23:02.320
<v Speaker 1>of the many things I respect about you. You are

0:23:02.600 --> 0:23:04.800
<v Speaker 1>very tough in a way that a lot of Democrats

0:23:04.840 --> 0:23:07.439
<v Speaker 1>are not. I mean, do you think democrats come around?

0:23:07.480 --> 0:23:10.520
<v Speaker 1>Are you furious with them? What is your takeaway.

0:23:10.040 --> 0:23:10.560
<v Speaker 2>From all of this?

0:23:11.119 --> 0:23:11.359
<v Speaker 5>Yeah?

0:23:11.440 --> 0:23:14.439
<v Speaker 4>So I have two takes on it. The first is

0:23:14.600 --> 0:23:16.720
<v Speaker 4>I am less down on democrats than a lot of

0:23:16.800 --> 0:23:20.119
<v Speaker 4>people are. I think that the internal finger pointing between

0:23:20.160 --> 0:23:22.320
<v Speaker 4>whether it was the fault of this faction or that faction,

0:23:22.440 --> 0:23:24.600
<v Speaker 4>or this tactic or that tactic or this campaign. I

0:23:24.640 --> 0:23:28.239
<v Speaker 4>think is like just wasted time. And I think that

0:23:28.600 --> 0:23:30.879
<v Speaker 4>you can find a million reasons when you lose a

0:23:30.880 --> 0:23:33.399
<v Speaker 4>close election to blame everybody, and when you win a

0:23:33.440 --> 0:23:35.600
<v Speaker 4>close election, you can vidamilitary reason to credit everyone, and

0:23:35.600 --> 0:23:37.119
<v Speaker 4>I don't think that gets you anywhere. So like, I

0:23:37.720 --> 0:23:39.320
<v Speaker 4>have no time for that. And I think that there

0:23:39.359 --> 0:23:41.520
<v Speaker 4>are you know, people who say Democrats are not tough.

0:23:41.560 --> 0:23:43.280
<v Speaker 4>You know, I would point out it is hard to

0:23:43.320 --> 0:23:46.120
<v Speaker 4>look at what the Democratic Party did last summer, which

0:23:46.240 --> 0:23:49.159
<v Speaker 4>was you know, whether it was Nancy Pelissia, Chuck schumera King,

0:23:49.200 --> 0:23:53.159
<v Speaker 4>Jeffers or whomever you know that you know went to

0:23:53.240 --> 0:23:55.720
<v Speaker 4>President Biden and showed him the handwriting on the walls.

0:23:55.800 --> 0:23:57.480
<v Speaker 4>It's hard to say that's not a tough party. And

0:23:57.520 --> 0:23:59.920
<v Speaker 4>I think if you look at Democrats' ability to hold

0:24:00.240 --> 0:24:03.840
<v Speaker 4>their caucuses in close legislative chambers and the House, in

0:24:03.880 --> 0:24:05.840
<v Speaker 4>the Senate, charges say that they're up tough. I think

0:24:05.840 --> 0:24:09.000
<v Speaker 4>that where that there are places where people think I

0:24:09.040 --> 0:24:11.840
<v Speaker 4>am tough. It's because I am willing to use every

0:24:11.920 --> 0:24:14.879
<v Speaker 4>legal means in every legal tactic to protect democracy and

0:24:14.880 --> 0:24:17.800
<v Speaker 4>to advance my client's interests. And you know, I listened

0:24:17.880 --> 0:24:21.600
<v Speaker 4>to Merrick Garland's closing remarks to the Department of Justice,

0:24:21.640 --> 0:24:24.880
<v Speaker 4>and frankly, I couldn't disagree with him more. I mean,

0:24:25.160 --> 0:24:27.520
<v Speaker 4>he basically said that the strength of the Department of

0:24:27.680 --> 0:24:30.280
<v Speaker 4>Justice and this is you know, his quote, it's the

0:24:30.320 --> 0:24:32.639
<v Speaker 4>obligation of each of us to follow our norms, not

0:24:32.680 --> 0:24:34.920
<v Speaker 4>only when it's easy, but when it's hard, especially when

0:24:34.920 --> 0:24:37.040
<v Speaker 4>it's hard, And he says, it's the obligation each of

0:24:37.080 --> 0:24:39.959
<v Speaker 4>us sudhere to our norms even when, especially when circumstances

0:24:40.000 --> 0:24:42.119
<v Speaker 4>we face are not normal. And like you know, I

0:24:42.119 --> 0:24:44.960
<v Speaker 4>wrote this piece for Democracy Doc about you know, bringing

0:24:45.359 --> 0:24:48.199
<v Speaker 4>norms to a Trump fight. Like you know, I have

0:24:48.280 --> 0:24:50.520
<v Speaker 4>no patience for that. We cannot have a situation in

0:24:50.520 --> 0:24:52.720
<v Speaker 4>which Democrats are held to one standard and hold themselves

0:24:52.760 --> 0:24:55.280
<v Speaker 4>to one standard, and Republicans are held to no standard

0:24:55.400 --> 0:24:57.280
<v Speaker 4>and hold themselves to no standard. Like we have to

0:24:57.280 --> 0:24:59.119
<v Speaker 4>fight with the tools as they are, not as we

0:24:59.160 --> 0:25:02.040
<v Speaker 4>wish they are. They it means following the law. You know,

0:25:02.119 --> 0:25:04.600
<v Speaker 4>we don't cross the line. But the idea that somehow

0:25:04.720 --> 0:25:08.640
<v Speaker 4>norms are the guideposts here, I just reject.

0:25:08.400 --> 0:25:12.080
<v Speaker 2>Yeah, correct, Mark, thank you, thank you, thank.

0:25:11.800 --> 0:25:13.080
<v Speaker 4>You, thank you.

0:25:15.440 --> 0:25:18.520
<v Speaker 1>Michael Waldman is the President and CEO of the Brennan

0:25:18.560 --> 0:25:21.720
<v Speaker 1>Center for Justice at the NYU School of Law.

0:25:22.000 --> 0:25:24.440
<v Speaker 2>Welcome back to Fast Politics, Michael.

0:25:24.760 --> 0:25:27.520
<v Speaker 5>Thank you so much for having me in these interesting times.

0:25:27.920 --> 0:25:30.440
<v Speaker 2>Yeah, I'm so delighted to have you. And the first thing.

0:25:30.359 --> 0:25:31.800
<v Speaker 1>I want to talk to you about is you run

0:25:31.840 --> 0:25:35.159
<v Speaker 1>the Brennan Center. You guys, just do God's work. We

0:25:35.359 --> 0:25:38.840
<v Speaker 1>are Monday will be the first day of Trump two

0:25:38.880 --> 0:25:42.920
<v Speaker 1>point zero. He is planning shock and awe. How can

0:25:42.960 --> 0:25:47.240
<v Speaker 1>the courts save the American people from or mitigate some

0:25:47.720 --> 0:25:49.400
<v Speaker 1>of the shock and the awe.

0:25:49.680 --> 0:25:53.040
<v Speaker 5>So it's important, I think, to remember that shock and

0:25:53.160 --> 0:25:57.240
<v Speaker 5>awe didn't work out so well in Iraq for the

0:25:57.280 --> 0:25:59.840
<v Speaker 5>American side when we swept in.

0:26:00.280 --> 0:26:03.440
<v Speaker 1>The wording is suspect, Yes, continues sorry.

0:26:03.400 --> 0:26:05.480
<v Speaker 5>Well, the wording is suspect. But it's a lot of

0:26:05.520 --> 0:26:08.520
<v Speaker 5>the same idea. When they say they are going to

0:26:08.920 --> 0:26:13.320
<v Speaker 5>issue a slew of executive orders on the first day,

0:26:13.520 --> 0:26:17.200
<v Speaker 5>in the first hour of the new presidency, in part,

0:26:17.200 --> 0:26:19.960
<v Speaker 5>they're trying to imprint the idea that they're all action

0:26:20.119 --> 0:26:23.400
<v Speaker 5>and changing everything. In fact, a lot of the executive

0:26:23.480 --> 0:26:27.400
<v Speaker 5>orders that any president's issue don't have nearly as much

0:26:27.520 --> 0:26:29.080
<v Speaker 5>teeth as legislation.

0:26:29.520 --> 0:26:31.120
<v Speaker 2>That's a really important point.

0:26:31.480 --> 0:26:33.439
<v Speaker 5>I worked in the White House, as you know, for

0:26:33.480 --> 0:26:36.320
<v Speaker 5>Bill Clinton on the day he took office in nineteen

0:26:36.359 --> 0:26:39.320
<v Speaker 5>ninety three, and we also issued a bunch of executive orders.

0:26:39.480 --> 0:26:42.080
<v Speaker 5>Some of them are really meaningful, and some of them

0:26:42.080 --> 0:26:44.960
<v Speaker 5>are kind of like press releases with a.

0:26:44.920 --> 0:26:47.720
<v Speaker 2>Governmentber Well, exactly, what we do know is.

0:26:47.680 --> 0:26:49.760
<v Speaker 5>That he is going to try to use all the

0:26:49.880 --> 0:26:55.440
<v Speaker 5>levers of executive power to do mass deportation, to politicize

0:26:55.800 --> 0:26:58.840
<v Speaker 5>the government, to do a whole bunch of other things

0:26:59.200 --> 0:27:02.840
<v Speaker 5>that he tried has talked about very openly NonStop for

0:27:02.920 --> 0:27:05.439
<v Speaker 5>months and months and months. Some of these are at

0:27:05.440 --> 0:27:07.679
<v Speaker 5>the very beginning of the administration. In the answer to

0:27:07.720 --> 0:27:11.000
<v Speaker 5>your question, presidents have a lot of power. Unfortunately, a

0:27:11.040 --> 0:27:13.919
<v Speaker 5>lot of the existing laws give them even more power

0:27:13.960 --> 0:27:16.040
<v Speaker 5>than they should have. But a lot of the things

0:27:16.080 --> 0:27:18.560
<v Speaker 5>they say they want to do are illegal, and courts

0:27:18.640 --> 0:27:20.400
<v Speaker 5>should step up. And it's going to be a real

0:27:20.440 --> 0:27:21.960
<v Speaker 5>test for the courts and whether they.

0:27:21.840 --> 0:27:25.800
<v Speaker 1>Step up, Yeah, especially because they're the only lever left.

0:27:26.040 --> 0:27:28.399
<v Speaker 1>I do think that that's a really good point, and

0:27:28.640 --> 0:27:33.400
<v Speaker 1>we saw this reporting from Politico about how he's already saying,

0:27:33.480 --> 0:27:35.760
<v Speaker 1>like the mass deportation, he can't do it because he

0:27:35.800 --> 0:27:38.080
<v Speaker 1>doesn't have the money. Right, Congress has to give the

0:27:38.200 --> 0:27:41.359
<v Speaker 1>money in order to pay. I mean, mass deportation is

0:27:41.359 --> 0:27:43.680
<v Speaker 1>wildly expensive, correct.

0:27:43.600 --> 0:27:48.560
<v Speaker 5>Right, it's wildly expensive. There isn't actually a massive federal

0:27:48.840 --> 0:27:52.320
<v Speaker 5>internal police force that can just instantaneously be mobilized to

0:27:52.359 --> 0:27:55.480
<v Speaker 5>go seize people off the streets and things like that,

0:27:55.720 --> 0:27:59.000
<v Speaker 5>as Politico and other outlets have reported, some of the

0:27:59.040 --> 0:28:02.600
<v Speaker 5>steps that any president can take that's more kind of

0:28:02.680 --> 0:28:05.560
<v Speaker 5>clearly within their own purview, or things like what they

0:28:05.600 --> 0:28:07.720
<v Speaker 5>do at the border. Look, there are a lot of

0:28:07.760 --> 0:28:10.120
<v Speaker 5>steps that Donald Trump has said he's going to take

0:28:10.320 --> 0:28:13.119
<v Speaker 5>on mass deportation that we just have every reason to

0:28:13.160 --> 0:28:15.479
<v Speaker 5>expect he'll do some version of some of them. He

0:28:15.560 --> 0:28:19.320
<v Speaker 5>has said that he will take away the temporary protected status,

0:28:19.520 --> 0:28:24.080
<v Speaker 5>say for Venezuela and Haitian immigrants, that enables these people

0:28:24.320 --> 0:28:27.800
<v Speaker 5>to work legally in the United States while their immigration

0:28:27.920 --> 0:28:31.280
<v Speaker 5>claims are being assessed. Taking that away would have a

0:28:31.359 --> 0:28:33.840
<v Speaker 5>huge impact on a lot of people. He has said

0:28:33.840 --> 0:28:36.919
<v Speaker 5>he will declare an emergency at the border to enable

0:28:37.000 --> 0:28:40.040
<v Speaker 5>him to build his wall. And do other kinds of things.

0:28:40.280 --> 0:28:43.840
<v Speaker 5>Presidents have a lot of power to declare emergencies. Now,

0:28:43.960 --> 0:28:46.600
<v Speaker 5>in his first term, he tried to declare an emergency

0:28:46.920 --> 0:28:51.400
<v Speaker 5>and use that fact to reallocate money from a different

0:28:51.400 --> 0:28:54.160
<v Speaker 5>department to pay for building his wall, and that was

0:28:54.200 --> 0:28:57.320
<v Speaker 5>actually unsuccessful. So, you know, even though there is a

0:28:57.360 --> 0:29:00.640
<v Speaker 5>lot of power presidents have, there are still restricts in

0:29:00.680 --> 0:29:03.720
<v Speaker 5>some cases. And those of us who who want to

0:29:03.840 --> 0:29:05.440
<v Speaker 5>stand up for the rule of law, those of us

0:29:05.600 --> 0:29:08.160
<v Speaker 5>who think the courts need to do their part, have

0:29:08.200 --> 0:29:08.840
<v Speaker 5>a job to do.

0:29:09.080 --> 0:29:11.480
<v Speaker 2>Yeah. One of the things I'm struck by is the

0:29:11.560 --> 0:29:13.200
<v Speaker 2>Muslim ban, right.

0:29:13.400 --> 0:29:16.160
<v Speaker 5>Right, Remember that was the very beginning. Yeah, you know,

0:29:16.280 --> 0:29:18.320
<v Speaker 5>this is one of the things where they probably have

0:29:18.440 --> 0:29:21.520
<v Speaker 5>learned their lessons maybe on some of what they did

0:29:21.560 --> 0:29:24.440
<v Speaker 5>wrong the first time. So you know, you remember in

0:29:24.440 --> 0:29:26.840
<v Speaker 5>twice sixteen he said we're going to ban all Muslims

0:29:26.840 --> 0:29:29.120
<v Speaker 5>from coming into the United States till we find out

0:29:29.160 --> 0:29:31.640
<v Speaker 5>what's going on. Very early on, a few days into

0:29:31.680 --> 0:29:34.640
<v Speaker 5>his term, he issued a travel ban from a bunch

0:29:34.640 --> 0:29:38.440
<v Speaker 5>of countries that were Muslim majority. Courts very quickly started

0:29:38.480 --> 0:29:41.840
<v Speaker 5>blocking that from going into effect, if you remember, But

0:29:42.000 --> 0:29:44.720
<v Speaker 5>like a lot of lawyers rushed to Kennedy Airport.

0:29:44.880 --> 0:29:45.920
<v Speaker 2>I do remember to.

0:29:46.040 --> 0:29:49.200
<v Speaker 5>Represent people who were in limbo. But what the courts

0:29:49.360 --> 0:29:53.080
<v Speaker 5>then said, what John Roberts and his very conservative Supreme

0:29:53.120 --> 0:29:56.000
<v Speaker 5>Court said then was well, you didn't cross the tea

0:29:56.040 --> 0:29:58.480
<v Speaker 5>and dout the I right and didn't follow the procedures.

0:29:58.520 --> 0:30:01.760
<v Speaker 5>You didn't follow the Administrative Act. But then they eventually

0:30:01.840 --> 0:30:03.720
<v Speaker 5>let him do what he wanted to do in a

0:30:03.760 --> 0:30:06.360
<v Speaker 5>case called Trump versus Hawaii. In other words, where the

0:30:06.400 --> 0:30:08.480
<v Speaker 5>courts were willing to stand up to him the first

0:30:08.480 --> 0:30:12.480
<v Speaker 5>time was to make them follow the procedures. It may

0:30:12.480 --> 0:30:15.480
<v Speaker 5>be that this time they're going to be more fastidious

0:30:15.640 --> 0:30:18.120
<v Speaker 5>about following the procedures. One of the things that we've

0:30:18.160 --> 0:30:20.240
<v Speaker 5>looked at a lot. You know, presidents have a lot

0:30:20.240 --> 0:30:24.120
<v Speaker 5>of power to do immigration policy, and that includes deportations.

0:30:24.120 --> 0:30:26.240
<v Speaker 5>I mean Barack Obama, you know, deported a lot of

0:30:26.280 --> 0:30:29.640
<v Speaker 5>people for example. It's part of the mix of immigration policies.

0:30:29.880 --> 0:30:32.240
<v Speaker 5>What Trump has said he wants to do is use

0:30:32.600 --> 0:30:36.280
<v Speaker 5>laws that are incredibly abusive of power and give him

0:30:36.400 --> 0:30:38.960
<v Speaker 5>vast authority. And a lot of these laws that haven't

0:30:38.960 --> 0:30:41.560
<v Speaker 5>been used very much he wants to use, He said,

0:30:41.640 --> 0:30:45.120
<v Speaker 5>the Insurrection Act of eighteen oh four to enable him

0:30:45.160 --> 0:30:48.040
<v Speaker 5>to use the military domestically to do some of this stuff.

0:30:48.080 --> 0:30:51.040
<v Speaker 5>He wants to use the National Emergencies Act. He says

0:30:51.040 --> 0:30:52.760
<v Speaker 5>he wants to use. He talked about this on the

0:30:52.760 --> 0:30:55.600
<v Speaker 5>campaign trail. He wants to use the remaining part of

0:30:55.680 --> 0:30:59.480
<v Speaker 5>the Alien and Sedition Act. Yes, which I know I

0:30:59.560 --> 0:31:01.880
<v Speaker 5>know about you. I last thought about that in high

0:31:01.880 --> 0:31:02.520
<v Speaker 5>school history.

0:31:03.160 --> 0:31:03.400
<v Speaker 2>Right.

0:31:03.560 --> 0:31:06.160
<v Speaker 1>That is something we actually had someone from the Brennan

0:31:06.240 --> 0:31:08.880
<v Speaker 1>Center on Because you have someone who has just focused

0:31:08.880 --> 0:31:11.840
<v Speaker 1>on that now and writing about it, and she's right.

0:31:12.040 --> 0:31:14.240
<v Speaker 5>We have a lawyer who was working away on this

0:31:14.440 --> 0:31:18.320
<v Speaker 5>Alien Enemies Act who are like, really, like, isn't that

0:31:18.440 --> 0:31:19.960
<v Speaker 5>rather obscure thing that'd be spent?

0:31:20.360 --> 0:31:23.280
<v Speaker 1>No, but it's not. It's in Project twenty twenty five.

0:31:23.400 --> 0:31:26.360
<v Speaker 1>I mean, what's so interesting about this Trump two point zero,

0:31:26.440 --> 0:31:29.400
<v Speaker 1>and I mean this in only the most pejorative sense,

0:31:29.840 --> 0:31:33.000
<v Speaker 1>is that they have taken all of these like zombie

0:31:33.080 --> 0:31:37.440
<v Speaker 1>laws like this and also comstock, and also that they've

0:31:37.480 --> 0:31:39.160
<v Speaker 1>repurposed for modern use.

0:31:39.360 --> 0:31:42.280
<v Speaker 2>So you know, you have to be at war. Right.

0:31:42.320 --> 0:31:45.400
<v Speaker 1>The last time this happened was World War two with Japanese.

0:31:45.480 --> 0:31:49.200
<v Speaker 1>Before that, World War One, Before that, the War of eighteen.

0:31:48.960 --> 0:31:51.680
<v Speaker 5>Twelve, the British supporters were being interned. Yeah.

0:31:51.840 --> 0:31:55.320
<v Speaker 1>Right, So this sort of legal framework for it seems

0:31:55.480 --> 0:31:57.920
<v Speaker 1>very very shaky. I think we both think and we

0:31:57.960 --> 0:32:00.240
<v Speaker 1>actually had a conversation about this, where we think he's

0:32:00.240 --> 0:32:02.320
<v Speaker 1>going to try to declare war on the cartels.

0:32:02.520 --> 0:32:04.040
<v Speaker 2>I don't see how you do that.

0:32:04.480 --> 0:32:07.200
<v Speaker 5>So that's one where he's on very weak legal ground

0:32:07.280 --> 0:32:10.000
<v Speaker 5>if he tries to use it. The Alien This Sedition Acts,

0:32:10.000 --> 0:32:12.280
<v Speaker 5>for those who missed that day in high school history,

0:32:12.400 --> 0:32:15.240
<v Speaker 5>were these laws that are considered some of the worst

0:32:15.320 --> 0:32:18.040
<v Speaker 5>laws in American history. They were passed in the John

0:32:18.120 --> 0:32:22.120
<v Speaker 5>Adams administration and they cracked down on free speech and dissent.

0:32:22.440 --> 0:32:25.880
<v Speaker 5>Thomas Jefferson called them the result of the reign of witches,

0:32:26.440 --> 0:32:30.120
<v Speaker 5>and they really discredited it. And the only one of

0:32:30.160 --> 0:32:32.720
<v Speaker 5>those laws that's still in the books is this one.

0:32:32.760 --> 0:32:35.440
<v Speaker 5>And you're right, it's only been used three times, and

0:32:35.840 --> 0:32:38.080
<v Speaker 5>the last time it was used was during World War

0:32:38.160 --> 0:32:41.320
<v Speaker 5>two to in turn Japanese nationals who had people who

0:32:41.320 --> 0:32:44.280
<v Speaker 5>had not gotten their American citizenship yet. But it's pretty

0:32:44.280 --> 0:32:47.200
<v Speaker 5>clear in the language that it has to be against

0:32:47.320 --> 0:32:50.560
<v Speaker 5>a government we're at declared war with or the result

0:32:50.640 --> 0:32:53.520
<v Speaker 5>of an invasion so you know that was the case

0:32:53.560 --> 0:32:56.560
<v Speaker 5>when we were attacked at say, at Pearl Harbor. We

0:32:56.600 --> 0:32:58.800
<v Speaker 5>had an actual declaration of war in World War Two.

0:32:58.800 --> 0:33:01.000
<v Speaker 5>It was the last time we had one. But you know,

0:33:01.040 --> 0:33:04.800
<v Speaker 5>we're not at war with Venezuela and the cartels are

0:33:04.840 --> 0:33:07.720
<v Speaker 5>not a government. They may say, I suppose, oh, well,

0:33:07.760 --> 0:33:10.240
<v Speaker 5>it's an invasion. You know, they have all these immigrants,

0:33:10.400 --> 0:33:13.640
<v Speaker 5>but it's pretty illegal. The problem is this is where

0:33:13.680 --> 0:33:16.280
<v Speaker 5>we need the courts to step up. In the past,

0:33:16.720 --> 0:33:20.120
<v Speaker 5>courts have often said about this particular law, oh well,

0:33:20.160 --> 0:33:22.240
<v Speaker 5>you know, this doesn't seem right, but this is a

0:33:22.240 --> 0:33:25.240
<v Speaker 5>political question. That's actually up to the president to decide

0:33:25.360 --> 0:33:27.960
<v Speaker 5>these things. Now, a lot of those rulings were a

0:33:28.000 --> 0:33:30.640
<v Speaker 5>long time ago, before courts were in the business of

0:33:30.920 --> 0:33:33.760
<v Speaker 5>enforcing civil liberties the way they do now. So you know,

0:33:34.000 --> 0:33:37.120
<v Speaker 5>that one I think is really illegal, and honestly, I

0:33:37.160 --> 0:33:39.080
<v Speaker 5>think that it would surprise me if they really went

0:33:39.160 --> 0:33:41.480
<v Speaker 5>to that one, because because that one is on such

0:33:41.480 --> 0:33:43.800
<v Speaker 5>shaky ground. A lot of these other things are things

0:33:43.800 --> 0:33:47.600
<v Speaker 5>where presidents have considerable authority, and people don't realize. The

0:33:47.680 --> 0:33:51.480
<v Speaker 5>National Guard is a military force controlled by states by

0:33:51.480 --> 0:33:55.360
<v Speaker 5>the governor, but presidents can federalize the National Guard, and

0:33:55.360 --> 0:33:57.960
<v Speaker 5>that has happened. You know, to put in nineteen ninety

0:33:58.040 --> 0:34:01.280
<v Speaker 5>two to deal with violence and life Los Angeles example,

0:34:01.360 --> 0:34:04.080
<v Speaker 5>it would be quite extraordinary to do that to deal

0:34:04.080 --> 0:34:06.600
<v Speaker 5>with what is a lot of immigration, but it's basically

0:34:06.640 --> 0:34:07.720
<v Speaker 5>an immigration issue.

0:34:07.840 --> 0:34:09.880
<v Speaker 1>Yeah, I think this is where we're going to be

0:34:09.960 --> 0:34:12.880
<v Speaker 1>for the next four years. How many nights have you

0:34:13.000 --> 0:34:15.080
<v Speaker 1>lost sleep thinking about Russ Fodd?

0:34:15.440 --> 0:34:18.880
<v Speaker 5>So you know, first of all, Donald Trump said during

0:34:18.960 --> 0:34:22.680
<v Speaker 5>the campaign that he'd never heard of Project twenty twenty five.

0:34:23.440 --> 0:34:25.480
<v Speaker 5>He didn't know these people where you'd never heard of

0:34:25.480 --> 0:34:27.880
<v Speaker 5>this heritage what do you call it? The Heritage Foundation?

0:34:28.160 --> 0:34:32.000
<v Speaker 5>It was so transparently absurd. It was like that in

0:34:32.040 --> 0:34:33.880
<v Speaker 5>the Marx Brothers movie. You know who you're going to

0:34:33.920 --> 0:34:35.840
<v Speaker 5>believe me or your own eyes. First of all, I

0:34:35.880 --> 0:34:38.920
<v Speaker 5>happened to go to Milwaukee of the weekend of the

0:34:38.960 --> 0:34:42.920
<v Speaker 5>Republican Convention for a family wedding, not because of the convention.

0:34:43.160 --> 0:34:45.839
<v Speaker 5>While Trump was saying, oh what, I never heard of

0:34:45.920 --> 0:34:47.919
<v Speaker 5>any of these people. I never heard of Project twenty

0:34:47.920 --> 0:34:50.160
<v Speaker 5>twenty five. When you got to the airport, it was

0:34:50.200 --> 0:34:54.160
<v Speaker 5>a floor to ceiling display saying the Heritage Foundation welcomes

0:34:54.200 --> 0:34:58.000
<v Speaker 5>you to the Republican National Commission. The corporate sponsor was

0:34:58.080 --> 0:35:01.400
<v Speaker 5>Project twenty twenty five. Russ Vault was one of the

0:35:01.640 --> 0:35:04.239
<v Speaker 5>minds behind one of the authors of Project twenty twenty five.

0:35:04.360 --> 0:35:07.080
<v Speaker 5>He was a senior official in the Trump White House

0:35:07.160 --> 0:35:10.719
<v Speaker 5>the first time. He is smart, he is adept at

0:35:10.840 --> 0:35:14.520
<v Speaker 5>fiddling with the levers of government, and he is extraordinarily

0:35:14.880 --> 0:35:18.160
<v Speaker 5>ideological and even extreme in what he wants. He wants

0:35:18.200 --> 0:35:21.600
<v Speaker 5>a religious approach to government. He said, we I believe

0:35:21.800 --> 0:35:23.520
<v Speaker 5>tell me if I'm mixing him up with one of

0:35:23.520 --> 0:35:25.640
<v Speaker 5>the other boys, I believe he's the one who said

0:35:25.640 --> 0:35:27.439
<v Speaker 5>we live in a post constitutional era.

0:35:27.800 --> 0:35:29.759
<v Speaker 2>He is, he is, he is, that's him. Yeah.

0:35:29.960 --> 0:35:32.399
<v Speaker 5>At the Brandon Center where I work, we actually have

0:35:32.560 --> 0:35:36.239
<v Speaker 5>the Constitution on the wall. So I don't think most

0:35:36.280 --> 0:35:38.960
<v Speaker 5>Americans think or want to believe that we're in a

0:35:38.960 --> 0:35:41.520
<v Speaker 5>post constitutional era. But he is one of the people

0:35:41.520 --> 0:35:45.160
<v Speaker 5>who has a very radical legal view of what government

0:35:45.160 --> 0:35:47.040
<v Speaker 5>ought to be allowed to do. That is much more

0:35:47.239 --> 0:35:52.319
<v Speaker 5>assertive than traditional conservatives, even sort of federalist society conservatives

0:35:52.480 --> 0:35:52.919
<v Speaker 5>have had.

0:35:53.120 --> 0:35:56.160
<v Speaker 1>Yeah, and it is interesting to me to put so.

0:35:56.280 --> 0:35:59.880
<v Speaker 1>He had been in omb before Office of Management and Budget,

0:36:00.040 --> 0:36:02.600
<v Speaker 1>and he did in Trump one point zero do things

0:36:02.719 --> 0:36:07.160
<v Speaker 1>like hold money that was supposed to go to federal agencies, right,

0:36:07.200 --> 0:36:08.960
<v Speaker 1>and was supposed to go to Ukraine. That was the

0:36:08.960 --> 0:36:13.959
<v Speaker 1>most famous of his alliances into this, but one you

0:36:14.040 --> 0:36:17.480
<v Speaker 1>sort of dig into Project twenty twenty five, there's sort

0:36:17.520 --> 0:36:19.000
<v Speaker 1>of a lot of like, this is how we can

0:36:19.040 --> 0:36:22.080
<v Speaker 1>get people to do this, and it's by holding the money,

0:36:22.200 --> 0:36:24.600
<v Speaker 1>which is really not what the president is supposed to

0:36:24.600 --> 0:36:25.480
<v Speaker 1>be doing at all.

0:36:25.600 --> 0:36:28.120
<v Speaker 5>Right, it violates when you say we're in a post

0:36:28.160 --> 0:36:30.080
<v Speaker 5>constitutional era. One of the ways that would be post

0:36:30.160 --> 0:36:33.480
<v Speaker 5>constitutional is the Constitution, you know, articularly it's checking cons

0:36:33.840 --> 0:36:35.719
<v Speaker 5>You talked about the zombie laws. I think it's a

0:36:35.760 --> 0:36:38.200
<v Speaker 5>really good point when you look at the Comstock actor.

0:36:38.280 --> 0:36:40.640
<v Speaker 5>Some of these things, they're really talking about the social

0:36:40.760 --> 0:36:43.319
<v Speaker 5>values of the eighteen hundreds. A lot of these other

0:36:43.400 --> 0:36:48.040
<v Speaker 5>things are trying to undo the restraints on abuse of

0:36:48.200 --> 0:36:52.480
<v Speaker 5>presidential power that were enacted over the last fifty sixty

0:36:52.600 --> 0:36:56.440
<v Speaker 5>seventy years after Nixon. After Nixon, so one of the

0:36:56.520 --> 0:37:00.120
<v Speaker 5>big issues at the time of Nixon's impeachment was what

0:37:00.200 --> 0:37:03.960
<v Speaker 5>was called impoundment. He claimed then the right to not

0:37:04.160 --> 0:37:07.520
<v Speaker 5>spend money that Congress had passed the law, saying he

0:37:07.600 --> 0:37:10.120
<v Speaker 5>had to spend the president, the government had to spend,

0:37:10.200 --> 0:37:12.560
<v Speaker 5>and it was considered, it was found on constitutional it

0:37:12.600 --> 0:37:14.800
<v Speaker 5>was the basis for some of the charges of the

0:37:14.960 --> 0:37:17.719
<v Speaker 5>abuse of power, and all kinds of budget rules were

0:37:17.719 --> 0:37:19.840
<v Speaker 5>put in place to make sure that this couldn't happen.

0:37:20.040 --> 0:37:22.480
<v Speaker 5>A lot of people, I guess on the right think

0:37:22.560 --> 0:37:26.960
<v Speaker 5>this was all a grand mistake. You see this also

0:37:27.040 --> 0:37:30.360
<v Speaker 5>with the immunity decision by the Supreme Court going back

0:37:30.840 --> 0:37:35.640
<v Speaker 5>that really went back to again Nixon, when courts ruled

0:37:35.719 --> 0:37:39.719
<v Speaker 5>in the cases about Nixon's tapes and other things that oh, no,

0:37:39.760 --> 0:37:42.560
<v Speaker 5>there are restrictions. You know, the law does apply to presidents.

0:37:42.960 --> 0:37:46.200
<v Speaker 5>Presidents are subject to criminal law. Certainly after they're in office,

0:37:46.200 --> 0:37:49.600
<v Speaker 5>they're subjects to criminal law. And again there's a strain

0:37:49.840 --> 0:37:52.640
<v Speaker 5>of thought on the right that's kind of a monarchical

0:37:53.400 --> 0:37:56.200
<v Speaker 5>approach that thinks that it was a big mistake to

0:37:56.480 --> 0:37:59.759
<v Speaker 5>have these kinds of things that embedded the presidency in

0:37:59.800 --> 0:38:01.680
<v Speaker 5>the rule of law. And you know, they call it

0:38:01.719 --> 0:38:04.640
<v Speaker 5>in some instances they call it the unitary executive theory,

0:38:04.680 --> 0:38:08.000
<v Speaker 5>with basically say everybody in the whole executive branch works

0:38:08.120 --> 0:38:12.360
<v Speaker 5>for the present personally. So Rustvot saying in effect, It

0:38:12.400 --> 0:38:14.759
<v Speaker 5>doesn't matter what Congress does. We're just going to spend

0:38:14.800 --> 0:38:16.400
<v Speaker 5>the money how we want to spend it. They're going

0:38:16.480 --> 0:38:19.279
<v Speaker 5>to put this kind of like fancy legal jargon and

0:38:19.400 --> 0:38:21.680
<v Speaker 5>justification for it. But it's just a power grab.

0:38:22.000 --> 0:38:24.640
<v Speaker 2>Yeah, no, exactly, it's just a power grab.

0:38:24.920 --> 0:38:28.640
<v Speaker 1>It's extra constitutional or whatever they're calling it.

0:38:28.120 --> 0:38:30.160
<v Speaker 5>It is definitely because.

0:38:30.280 --> 0:38:33.600
<v Speaker 1>There's this larger idea that what trump Ism is trying

0:38:33.600 --> 0:38:38.080
<v Speaker 1>to do is sort of repeal the entire century since Nixon,

0:38:38.200 --> 0:38:41.839
<v Speaker 1>not century, but the fifty sixty years since nixton. That

0:38:42.000 --> 0:38:44.960
<v Speaker 1>this is and even before that, that's sort of every

0:38:45.120 --> 0:38:48.240
<v Speaker 1>the social safety net, everything since sort of nineteen twenty

0:38:48.320 --> 0:38:51.759
<v Speaker 1>nine on. Is really the last hundred years that Trumpism

0:38:51.800 --> 0:38:53.959
<v Speaker 1>wants to repeal the last hundred years. Do you see

0:38:53.960 --> 0:38:56.600
<v Speaker 1>that legally? Do you see that as something that could

0:38:56.680 --> 0:38:57.440
<v Speaker 1>be possible?

0:38:58.000 --> 0:39:01.319
<v Speaker 5>You know, I figure right that that is that is

0:39:01.840 --> 0:39:04.240
<v Speaker 5>something that you see across a lot of these areas.

0:39:04.640 --> 0:39:08.279
<v Speaker 5>And there are ways in which this has already played out,

0:39:08.360 --> 0:39:12.799
<v Speaker 5>not just with Trump's you know, personal idiosyncrasies, but a

0:39:12.800 --> 0:39:17.440
<v Speaker 5>lot of the efforts by the conservative legal movement leading

0:39:17.480 --> 0:39:20.279
<v Speaker 5>up to this, including at the US Supreme Court. So

0:39:20.760 --> 0:39:23.400
<v Speaker 5>give you an example, for a lot of the country's

0:39:23.480 --> 0:39:26.160
<v Speaker 5>history and mal you know, I wrote a book on

0:39:26.200 --> 0:39:28.160
<v Speaker 5>the history of the Supreme Court that talks about this.

0:39:28.600 --> 0:39:31.400
<v Speaker 5>From a lot of the country's history, the Supreme Court

0:39:31.480 --> 0:39:35.120
<v Speaker 5>saw its role as being kind of to stop progress.

0:39:35.600 --> 0:39:38.440
<v Speaker 5>It was often a very conservative force, and in the

0:39:38.480 --> 0:39:42.439
<v Speaker 5>early twentieth century, what the justices of that time thought

0:39:42.440 --> 0:39:46.160
<v Speaker 5>their job was was to stop government from acting, from

0:39:46.280 --> 0:39:51.560
<v Speaker 5>regulating worker hours or public safety, you know, a lot

0:39:51.640 --> 0:39:54.160
<v Speaker 5>of the things, to protect people. And they would over

0:39:54.160 --> 0:39:57.520
<v Speaker 5>and over again make these constitutional rulings to stop government

0:39:57.520 --> 0:40:00.160
<v Speaker 5>from acting. At the beginning of the twentieth century, this

0:40:00.239 --> 0:40:02.800
<v Speaker 5>was the basis of a lot of fighting between Theodore

0:40:02.920 --> 0:40:06.359
<v Speaker 5>Roosevelt and the Court, between the Progressives as they were known,

0:40:06.360 --> 0:40:09.080
<v Speaker 5>and then and then ultimately Franklin Roosevelt. He fought when

0:40:09.080 --> 0:40:11.799
<v Speaker 5>the Court was trying to strike down the New Deal,

0:40:12.440 --> 0:40:16.280
<v Speaker 5>Roosevelt threatened to try to get them expanded, packing the court.

0:40:16.400 --> 0:40:18.759
<v Speaker 5>And what happened was in nineteen thirty seven, in the

0:40:18.800 --> 0:40:20.960
<v Speaker 5>middle of all is the Supreme Court back down and

0:40:21.000 --> 0:40:23.279
<v Speaker 5>they said, you know what, government agencies, you can do

0:40:23.360 --> 0:40:26.279
<v Speaker 5>your thing. You can regulate the economy, you can protect people.

0:40:26.280 --> 0:40:29.399
<v Speaker 5>We're not going to pretend it's some constitutional issue. This

0:40:29.480 --> 0:40:31.680
<v Speaker 5>is how we have a modern country. There are some

0:40:31.760 --> 0:40:34.399
<v Speaker 5>people who think it was a grave mistake. They call

0:40:34.440 --> 0:40:37.080
<v Speaker 5>it the Constitution in exile. They think it went into

0:40:37.120 --> 0:40:39.719
<v Speaker 5>exile in nineteen thirty seven. One of the people who

0:40:39.760 --> 0:40:42.080
<v Speaker 5>thinks that, there was a New York Times article about

0:40:42.080 --> 0:40:44.960
<v Speaker 5>twenty years ago in a Times magazine that said, you know,

0:40:45.000 --> 0:40:47.759
<v Speaker 5>here's this kind of kooky idea, and here are some

0:40:47.840 --> 0:40:50.320
<v Speaker 5>of the people who believe it. Here's a young judge

0:40:50.320 --> 0:40:53.040
<v Speaker 5>you've never heard of named John Roberts.

0:40:53.280 --> 0:40:55.360
<v Speaker 2>Oh no, that's not good.

0:40:55.760 --> 0:40:59.080
<v Speaker 5>Wonder well, we'll ever come of him. And so the

0:40:59.200 --> 0:41:02.600
<v Speaker 5>Supreme Court, of several opinions of the last few years,

0:41:02.920 --> 0:41:05.880
<v Speaker 5>has for the first time in at least half a century,

0:41:06.120 --> 0:41:11.520
<v Speaker 5>made constitutional claims to basically limit the power of government

0:41:11.520 --> 0:41:14.839
<v Speaker 5>agencies to do regulation on the environment and on other

0:41:14.880 --> 0:41:17.400
<v Speaker 5>things like that. And that is not just Donald Trump.

0:41:17.560 --> 0:41:20.480
<v Speaker 5>That's the kind of thing you see across the government.

0:41:20.600 --> 0:41:24.600
<v Speaker 1>Yeah, now, thank you, Michael, really appreciate you. And this

0:41:24.880 --> 0:41:27.960
<v Speaker 1>was really so Again, We're going to be using this

0:41:28.000 --> 0:41:29.600
<v Speaker 1>word a lot for the next four years.

0:41:29.719 --> 0:41:30.120
<v Speaker 2>Chilling.

0:41:30.560 --> 0:41:33.440
<v Speaker 5>It's chilling. But remember this is a scary time. But

0:41:33.560 --> 0:41:37.080
<v Speaker 5>the laws of political gravity have not been repealed. You know,

0:41:37.160 --> 0:41:39.319
<v Speaker 5>Donald Trump is now going to have countries, not just

0:41:39.360 --> 0:41:41.480
<v Speaker 5>going to be true thing about things. He's going to

0:41:41.480 --> 0:41:44.080
<v Speaker 5>have control of the government, of the executive branch. There'll

0:41:44.120 --> 0:41:47.760
<v Speaker 5>be consequences. And while it's hard, there are many ways

0:41:47.880 --> 0:41:50.080
<v Speaker 5>that if there are biass of power, that we all

0:41:50.120 --> 0:41:51.480
<v Speaker 5>have the ability to push back.

0:41:51.800 --> 0:41:54.440
<v Speaker 2>Right, all right, true, thank you.

0:41:55.239 --> 0:42:01.640
<v Speaker 5>Thank you, No moment, Jesse Cannon.

0:42:02.200 --> 0:42:05.359
<v Speaker 3>So, Molly, you may remember the last secessionist movement, which

0:42:05.440 --> 0:42:09.520
<v Speaker 3>was the Greater Idaho SECESSIONUS movement that didn't quite get

0:42:09.520 --> 0:42:12.080
<v Speaker 3>off the ground because well, it was pretty stupid to

0:42:12.400 --> 0:42:17.680
<v Speaker 3>bring California, Oregon, and Washington into Idaho, a state that

0:42:18.320 --> 0:42:20.160
<v Speaker 3>isn't doing so hot. But now we have one that's

0:42:20.160 --> 0:42:23.320
<v Speaker 3>even stupider, which is seceding from Illinois. What are you

0:42:23.360 --> 0:42:23.879
<v Speaker 3>seeing here?

0:42:24.440 --> 0:42:27.080
<v Speaker 2>Yes, cis from Illinois. Again.

0:42:27.560 --> 0:42:29.440
<v Speaker 1>I just want to point this out for a second

0:42:29.480 --> 0:42:34.040
<v Speaker 1>because I think this is worth mentioning for just a

0:42:34.320 --> 0:42:39.759
<v Speaker 1>hot minute. As Trump tries to bully California and complains

0:42:39.800 --> 0:42:43.680
<v Speaker 1>about how they want aid and that they're takers. California

0:42:44.000 --> 0:42:47.840
<v Speaker 1>has pays a ton of federal taxes.

0:42:48.400 --> 0:42:49.880
<v Speaker 2>Now they need us.

0:42:50.120 --> 0:42:55.680
<v Speaker 1>If they seceed, We're all completely fucked. Okay, versus a place,

0:42:56.480 --> 0:42:58.640
<v Speaker 1>versus the state of New Illinois.

0:42:58.800 --> 0:43:00.880
<v Speaker 2>They're never going to be able to get this organized.

0:43:00.920 --> 0:43:03.800
<v Speaker 1>But I just want to point out, and if anyone

0:43:03.840 --> 0:43:07.360
<v Speaker 1>can handle something that's stupid, it is one of this

0:43:07.640 --> 0:43:11.239
<v Speaker 1>program's favorite governors, Governor Pritzker. But I just want to

0:43:11.239 --> 0:43:14.239
<v Speaker 1>point out, like no one, you know, the state of

0:43:14.320 --> 0:43:18.479
<v Speaker 1>New Illinois, you know got you know, go with God team.

0:43:18.560 --> 0:43:22.319
<v Speaker 1>If you want to join Indiana, they're happy to have you.

0:43:23.080 --> 0:43:26.840
<v Speaker 1>Instead of succeeding, they should just join us, all right, sure,

0:43:26.960 --> 0:43:28.920
<v Speaker 1>why not? Or we could just make a ton of

0:43:28.960 --> 0:43:32.080
<v Speaker 1>news states. We're looking at DC and Puerto Rico as

0:43:32.200 --> 0:43:36.920
<v Speaker 1>our as our addition. So that's it for this episode

0:43:37.000 --> 0:43:43.080
<v Speaker 1>of Fast Politics. Tune in every Monday, Wednesday, Thursday and

0:43:43.360 --> 0:43:47.360
<v Speaker 1>Saturday to hear the best minds and politics make sense

0:43:47.360 --> 0:43:51.720
<v Speaker 1>of all this chaos. If you enjoy this podcast, please

0:43:51.760 --> 0:43:54.800
<v Speaker 1>send it to a friend and keep the conversation going.

0:43:55.280 --> 0:43:56.440
<v Speaker 2>Thanks for listening.