WEBVTT - Joyce Vance & Laura Gamboa

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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 political reports. Elon will be departing

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<v Speaker 1>from DC soon. We'll see we have such a great

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<v Speaker 1>show for you today. Civil Discourse substack author and close

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<v Speaker 1>friend of mine Joyce Vance talks about constitutional checks and balances.

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<v Speaker 2>Then we'll talk to Professor.

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<v Speaker 1>Laura Gamboa about how to save a democracy and the

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<v Speaker 1>lessons from other countries authoritarian crisises.

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<v Speaker 2>But first the news.

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<v Speaker 3>So, Molly, I think we have pretty good news. I mean,

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<v Speaker 3>I'm pretty excited to see that Elon couldn't buy and

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<v Speaker 3>do his weird trickery that everybody believed won the twenty

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<v Speaker 3>twenty four election in Wisconsin last night. Since Dev's got

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<v Speaker 3>a big win.

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<v Speaker 1>Yes, so this was an interesting thing. You know again, Look,

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<v Speaker 1>the trump Ism does not only Trump can defy political gravity.

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<v Speaker 1>Everyone else has For whatever reason, it only works for Trump.

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<v Speaker 1>It was the most expensive judicial race ever, about one

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<v Speaker 1>hundred million dollars all in, Musk spent twenty five million.

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<v Speaker 1>I bet it's actually more than that. He has this

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<v Speaker 1>America pack. But then all of the other Republican senators,

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<v Speaker 1>so Republican senators, Republican donors, Elon Musk, Diana Hendrix, the

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<v Speaker 1>U lines, Soros, Pritzker and Ricketts, you know, all the

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<v Speaker 1>sort of people you would expect Rita Hoffman.

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<v Speaker 2>But the right definitely overspent the left.

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<v Speaker 3>With the right wing, saytes man Timothy Bellen, right.

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<v Speaker 1>And I think it's important to remember why this is important.

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<v Speaker 1>First of all, it's good news because it means that

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<v Speaker 1>our democracy, you know that you can't there's not just

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<v Speaker 1>a straight line between how much you spend and what happens.

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<v Speaker 1>That is good news. That's good news for any number

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<v Speaker 1>of reasons. It means that voters still have autonomy. It

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<v Speaker 1>means that they you know, you can advertise to them,

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<v Speaker 1>but at the end of the day, they're going to

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<v Speaker 1>do what they're going to do. And I think what

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<v Speaker 1>is And you know, the other thing that Elon did,

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<v Speaker 1>which was really sketchy, was he did these you know,

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<v Speaker 1>he paid people, right, voters who signed the petition got

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<v Speaker 1>one hundred dollars and then the key handed out million

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<v Speaker 1>dollar checks for recruiting captains. None of that worked. So

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<v Speaker 1>that's good news. That's good news for democracy. It's good

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<v Speaker 1>news because you know, look, there's a straight line between

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<v Speaker 1>Citizens United over durning Citizens United and the cluster fuck

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<v Speaker 1>we find ourselves in today. And again, I think it's

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<v Speaker 1>important to remember, like a lot of the stump Trump

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<v Speaker 1>is doing is really unpopular. So going in and slashing

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<v Speaker 1>the federal government, going in and making it so that

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<v Speaker 1>you can't get help for Social Security on the phone,

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<v Speaker 1>these are things that are actually quite unpopular, and we're

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<v Speaker 1>now seeing that voters don't like it and they're swinging

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<v Speaker 1>against it. And every election on Tuesday swung to the left.

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<v Speaker 1>And that's a good sign for any number of reasons,

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<v Speaker 1>and especially it's a good sign because, look, Trump is

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<v Speaker 1>a Republican, but Trump is also an authoritarian, and that

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<v Speaker 1>means he is trying to consolidate power. He is trying

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<v Speaker 1>to do all the things Orbond died in Hungary.

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<v Speaker 2>And to know that it's.

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<v Speaker 1>Not politically popular, and so that means that Republican House

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<v Speaker 1>members who are up for election in twenty six, and

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<v Speaker 1>people like Tom Tillis, right, the Senator from North Carolina

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<v Speaker 1>who's also up for reelection in twenty six, they're not

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<v Speaker 1>going to necessarily give Trump the blank check that he wants,

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<v Speaker 1>or if they are. Remember early on in this administration,

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<v Speaker 1>Trump had won the popular vote and he had pretty

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<v Speaker 1>good for him, still bad for everyone. Normal popularity numbers.

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<v Speaker 1>Now those numbers are you know, were what eight nine

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<v Speaker 1>weeks into this ten weeks into this presidency, and every

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<v Speaker 1>sort of two weeks the number goes down by about

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<v Speaker 1>two one and a half two points. So by the

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<v Speaker 1>time we're one hundred days into this thing, the guy

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<v Speaker 1>will be back in the high thirties. But the point

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<v Speaker 1>is this is good because Republicans, acting in their own

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<v Speaker 1>self interest, will at least do some kind of check

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<v Speaker 1>on Trump. They don't want to lose the House. And

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<v Speaker 1>I think we heard Musk say if Republicans lose the House,

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<v Speaker 1>then Democrats can impeage, Democrats can run checks on Trump's power.

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<v Speaker 1>Musk was saying that like that was a bad thing.

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<v Speaker 1>But I think a lot of voters actually don't think

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<v Speaker 1>that's a bad thing.

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<v Speaker 3>I agree. I think a lot of voters wouldn't think

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<v Speaker 3>it's bad if the House goes home but does nothing.

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<v Speaker 3>But I still find it quite disturbing since Mike Johnson

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<v Speaker 3>just canceled votes after the Republicans rebelled against him.

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<v Speaker 1>Yeah, look, so this is fascinating in the fact that

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<v Speaker 1>it's just proof of my theory being correct.

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<v Speaker 2>So I consider that to be fascinating.

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<v Speaker 1>Mike Johnson cannot do math, and we have seen this

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<v Speaker 1>again and again and again. The one time Mike Johnson

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<v Speaker 1>was able to do math was for the cr that's

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<v Speaker 1>a continuing resolution that passed last week.

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<v Speaker 2>Or two weeks ago.

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<v Speaker 1>It got out of the House and literally no one

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<v Speaker 1>thought it would and then it got to the Senate

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<v Speaker 1>and Democrats couldn't figure out what to do, and it

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<v Speaker 1>was a disaster and it made everyone look bad. Now,

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<v Speaker 1>this bill, bipartisan bill for women voting after having children.

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<v Speaker 1>Johnson was absolutely allergic to it. But because he cannot

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<v Speaker 1>he fundamentally cannot do math, he was not able to

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<v Speaker 1>whip against it. Now he is the Speaker of the House,

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<v Speaker 1>he should not lose on a bipartisan bill. First of all,

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<v Speaker 1>I mean, this is like, I wonder if what the

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<v Speaker 1>president here is for this. I mean, it just sort

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<v Speaker 1>of shocks me. I think there's probably very little president

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<v Speaker 1>for this. So nine Republicans joined all the Democrats. Johnson

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<v Speaker 1>lost right to to two to two oh six.

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<v Speaker 2>Okay.

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<v Speaker 1>He then freaked out. He was supposed to lead voting

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<v Speaker 1>on this Save Act. The Save Act would have made

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<v Speaker 1>it very hard to vote. It would have made it

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<v Speaker 1>so if you changed your name as a woman. And

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<v Speaker 1>because nobody wants women voting because they're you know, they

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<v Speaker 1>don't know their place, that it would have made it

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<v Speaker 1>harder for women to vote. But because the Speaker of

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<v Speaker 1>the House, Mike Johnson, was so upset, he just canceled

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<v Speaker 1>all the voting for the week and I guess went

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<v Speaker 1>home to pray about it.

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<v Speaker 3>You know, this sounds to be like the temperamental thing

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<v Speaker 3>people make a cliche of women being like to me, Molly.

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<v Speaker 1>He cannot stand losing, so he should learn how to count.

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<v Speaker 1>And you know Representative Anna Paulina Luna, who is, by

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<v Speaker 1>the way, nobody is idea of a woke leftist, but

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<v Speaker 1>she wanted to be able to volt remotely right after

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<v Speaker 1>having a baby. I mean, this is really the bare

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<v Speaker 1>minimum that these people can do. And she did it

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<v Speaker 1>as a discharge position petition. I mean, it is really

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<v Speaker 1>quite a fuck up for Johnson. It makes them look

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<v Speaker 1>weak and it makes them look like you can't do math.

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<v Speaker 2>And he said that it was unconstitutional.

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<v Speaker 1>By the way, everything they don't like is unconstitutional and

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<v Speaker 1>it could open up Pandora's box, Yes, a Pandora's box

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<v Speaker 1>of like women working. So good to see this is

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<v Speaker 1>like we can file this under one of the worst

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<v Speaker 1>people you know getting.

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<v Speaker 2>You know schooled.

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<v Speaker 1>And by the way, it's not like these people are

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<v Speaker 1>you know, the two people who came out against this bill,

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<v Speaker 1>against Mike Johnson.

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<v Speaker 2>These are all like real right wingers.

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<v Speaker 1>So Max Miller, you'll remember, has had any number of

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<v Speaker 1>problems because remember there was some allegations of domestic violence,

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<v Speaker 1>but his statement was, I had a baby girl just

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<v Speaker 1>over a year go. In the first weeks of her life,

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<v Speaker 1>there were some complications. I can't imagine a mother who

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<v Speaker 1>has spent nine months going through the ring are being

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<v Speaker 1>told you can't be with your infant only because you

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<v Speaker 1>are one of the four hundred and thirty five people.

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<v Speaker 1>We are pro life, I mean ish pro family, not really.

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<v Speaker 1>As a new dad, I just couldn't support it. Mike Lawler,

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<v Speaker 1>who is you'll remember, running for governor. He's not going

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<v Speaker 1>to win, but he's trying to present himself as not

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<v Speaker 1>a complete psycho, as a father of two young children,

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<v Speaker 1>including a daughter born eight days before election, day. This

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<v Speaker 1>is a common sense solution. Looks learn math, Mike Johnson, learn.

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<v Speaker 3>Math, Somali, Cory Booker, iron Man, just bladder control standing.

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<v Speaker 3>You know, I know he played college football, was very good,

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<v Speaker 3>so you know, he's a varied shape guy. But everybody's like,

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<v Speaker 3>how did he do it? But what I'm wondering is

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<v Speaker 3>how did this one action get so many Democrats to

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<v Speaker 3>do the right things and start coming up the works.

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<v Speaker 1>There are a lot of people who are mat at

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<v Speaker 1>Corey Booker for any number of things and want to

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<v Speaker 1>criticize this as performative. But you're going to hear an

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<v Speaker 1>interview in this episode with Laura Gamboa who talks about

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<v Speaker 1>how important it is when you're fighting authoritarianism for an

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<v Speaker 1>opposition party to oppose, and that is what Booker is

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<v Speaker 1>doing here. He's posing Another important part of it is

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<v Speaker 1>he broke strom Thurman's record for a philibuster. Now, our

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<v Speaker 1>philibuster is bad, I mean, is the way that the

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<v Speaker 1>Senate works anti democratic? We can argue that all day long,

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<v Speaker 1>and perhaps it is. But the point here is that

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<v Speaker 1>what Corey Booker did was he said none of this

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<v Speaker 1>is normal, and what we need from democratic representatives from

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<v Speaker 1>senators and congress people, is we really need them to

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<v Speaker 1>act in a way that makes clear what we all

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<v Speaker 1>see with our own eyes, which is the richest man

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<v Speaker 1>in the world taking a chainsaw to the federal government

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<v Speaker 1>is not normal. And this is really, I think, an

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<v Speaker 1>important point. So I think it's good interesting thing that

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<v Speaker 1>Corey Booker said, which I think is really important to

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<v Speaker 1>be candid Strom Thurman's record always kind of just really

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<v Speaker 1>irked me. That would be the longest speech, longest speech

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<v Speaker 1>on our great Senate floor, was someone trying to stop

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<v Speaker 1>people like me from being in the Senate. And look,

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<v Speaker 1>I always think that the worst thing, the biggest mistake

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<v Speaker 1>we made in twenty sixteen was saying that America was

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<v Speaker 1>better than trump Ism. And the reality is we're not right.

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<v Speaker 1>We are a country that created Jim Crow. We are

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<v Speaker 1>exactly this. We are divided, and we are capable of

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<v Speaker 1>some really bad stuff. I think that it's really important

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<v Speaker 1>that Booker talked about what the original sin of America is.

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<v Speaker 1>And again, you know Thurman was he set this record

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<v Speaker 1>philibustering against the Civil Rights Act of nineteen fifty seven.

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<v Speaker 1>Now there's a new record, and it's by someone who

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<v Speaker 1>is a black senator from the state of New Jersey.

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<v Speaker 2>And I think that is exciting, and I think that.

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<v Speaker 1>That is the kind of thing that rallies people and

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<v Speaker 1>gets some serious about protecting armorms and institutions. So I

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<v Speaker 1>was glad to see that. Good and good for Corey Booker,

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<v Speaker 1>and millions of people watched it.

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<v Speaker 3>More importantly, Yes, I thought it was really interesting too

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<v Speaker 3>that a lot of senators put holds on different judges

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<v Speaker 3>and really started to come up the works like we've

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<v Speaker 3>been really pressing for on this podcast.

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<v Speaker 2>Yeah, good for them.

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<v Speaker 1>Joyce Vance is the author of the Substack Civil Discourse

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<v Speaker 1>and co host of the podcast Sisters in.

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<v Speaker 2>Law Welcome to Fast Politics. I think of you as

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<v Speaker 2>my north star, Joyce Vance.

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<v Speaker 4>But I'm your south star because I'm in the Deep South.

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<v Speaker 4>I mean, can I really be a north star down here?

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<v Speaker 2>That's right, good point, You're my southern star.

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<v Speaker 1>Just legal Michigan's I want you to sort of outline

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<v Speaker 1>the top lines here. It seems to me like Trump

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<v Speaker 1>keeps just like Trump one point zero, losing in the courts.

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<v Speaker 1>So can you give us a sort of summation of that.

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<v Speaker 4>Yeah, So, look, Molly, here's the way that I view

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<v Speaker 4>it donald Trump is trying to seize power that the

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<v Speaker 4>Constitution does not allocate to him, power that is specifically

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<v Speaker 4>forbidden to him, like, for instance, the power of the

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<v Speaker 4>purse that belongs to Congress. Every time he does one

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<v Speaker 4>of these things, whether it's trying to change the Constitution

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<v Speaker 4>with the stroke of a pen and write birthright citizenship

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<v Speaker 4>out of the Constitution, or most recently, whether he's trying

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<v Speaker 4>to tell the states who have the power to set

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<v Speaker 4>the terms of their own elections, what the rules for

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<v Speaker 4>those elections are. Lawyers are going to court, and lawyers

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<v Speaker 4>are winning in court because Donald Trump is trying to

0:12:53.920 --> 0:12:57.199
<v Speaker 4>collect power that the founding fathers did not want to

0:12:57.240 --> 0:13:00.800
<v Speaker 4>have fallen into his hands. They understood that president who

0:13:00.880 --> 0:13:03.960
<v Speaker 4>was too powerful could become a tyrant. And that's what

0:13:04.000 --> 0:13:07.800
<v Speaker 4>our three branches of government checks and balances constitutional system.

0:13:08.160 --> 0:13:11.960
<v Speaker 4>That's the entire premise that it's set up around preventing tyranny.

0:13:12.360 --> 0:13:17.120
<v Speaker 1>So this has sort of gotten the ire of one

0:13:17.400 --> 0:13:20.280
<v Speaker 1>Elon mush and I want you to talk to us

0:13:20.280 --> 0:13:23.720
<v Speaker 1>about what that looks like. He's sort of attacking the judiciary,

0:13:23.920 --> 0:13:26.400
<v Speaker 1>hoping to set the you know, he said he would

0:13:26.440 --> 0:13:30.840
<v Speaker 1>donate to people who were for judicial impeachment. Can you

0:13:31.040 --> 0:13:34.600
<v Speaker 1>talk to us about how unusual judicial impeachment is and

0:13:34.679 --> 0:13:38.040
<v Speaker 1>how as a remedy. I really think Republicans are going

0:13:38.080 --> 0:13:39.600
<v Speaker 1>to have a hard time getting that going.

0:13:39.920 --> 0:13:43.960
<v Speaker 4>Yeah, an impossible time, right, because impeachment is not the

0:13:44.040 --> 0:13:47.839
<v Speaker 4>remedy for a judge's decision that you don't like. As

0:13:47.880 --> 0:13:51.240
<v Speaker 4>the Chief Justice most recently said, and you know John

0:13:51.320 --> 0:13:53.920
<v Speaker 4>Robert's issuing of public statement is is rare, only the

0:13:53.920 --> 0:13:56.800
<v Speaker 4>second time that he's done it, both times directed at

0:13:56.840 --> 0:13:59.640
<v Speaker 4>Donald Trump. The remedy if you don't like a decision

0:13:59.679 --> 0:14:02.160
<v Speaker 4>that a strict judge makes is to appeal it. That's

0:14:02.200 --> 0:14:04.679
<v Speaker 4>why we have courts of appeals and a Supreme Court.

0:14:05.040 --> 0:14:08.080
<v Speaker 4>We don't impeach judges even if we think they've made

0:14:08.120 --> 0:14:10.600
<v Speaker 4>the wrong decision. And look, even if you can get

0:14:10.720 --> 0:14:13.400
<v Speaker 4>articles of impeachment in the House, you're not gonna get

0:14:13.440 --> 0:14:14.640
<v Speaker 4>a conviction in the Senate.

0:14:14.960 --> 0:14:19.800
<v Speaker 1>Judicial impeachment is super unusual too, Like it hasn't happened

0:14:19.840 --> 0:14:23.320
<v Speaker 1>since since the eighteen hundreds. I mean, Nick, really not

0:14:23.640 --> 0:14:25.800
<v Speaker 1>a thing that's gonna work for them in any way,

0:14:25.840 --> 0:14:26.800
<v Speaker 1>shape or for right.

0:14:27.240 --> 0:14:31.280
<v Speaker 4>Well, there actually have been some more modern judicial impeachments,

0:14:31.280 --> 0:14:35.120
<v Speaker 4>but they've involved, for instance, District Judge Alsey Hastings, who

0:14:35.240 --> 0:14:40.280
<v Speaker 4>is impeached over alleged criminal conduct. It's extraordinarily rare, so

0:14:40.480 --> 0:14:42.920
<v Speaker 4>rare that, although I know that there are one or

0:14:42.920 --> 0:14:45.480
<v Speaker 4>two more, I can't give you even off the top

0:14:45.520 --> 0:14:48.000
<v Speaker 4>of my head names of people who were involved.

0:14:48.040 --> 0:14:48.240
<v Speaker 1>Right.

0:14:48.360 --> 0:14:50.760
<v Speaker 4>That one sticks with me. It's one of the more

0:14:50.800 --> 0:14:53.720
<v Speaker 4>recent ones. I think that there might be one in Louisiana.

0:14:54.000 --> 0:14:57.680
<v Speaker 4>It just is not something that happens because judges don't

0:14:57.920 --> 0:14:59.800
<v Speaker 4>buy and large tend to commit crimes.

0:15:00.120 --> 0:15:03.120
<v Speaker 1>So let's talk about what it sort of looks like

0:15:03.240 --> 0:15:07.280
<v Speaker 1>right now. A lot of these dose quote unquote cost

0:15:07.360 --> 0:15:11.600
<v Speaker 1>cutting measures are getting rejected in the courts. We're seeing

0:15:11.680 --> 0:15:15.280
<v Speaker 1>they're being forced to reinstate people they fired, they're being

0:15:15.320 --> 0:15:18.560
<v Speaker 1>forced to sort of undo all of these broadcuts. Can

0:15:18.600 --> 0:15:21.600
<v Speaker 1>you explain to us how and we're seeing a real

0:15:21.640 --> 0:15:24.239
<v Speaker 1>conflict between Trump and the judiciary.

0:15:24.360 --> 0:15:25.120
<v Speaker 2>The one I'm.

0:15:24.920 --> 0:15:28.680
<v Speaker 1>Thinking of the most is this these deportations. How long

0:15:28.800 --> 0:15:32.080
<v Speaker 1>can Trump World go against the forts before we start

0:15:32.360 --> 0:15:36.000
<v Speaker 1>really getting into the meat of a constitutional crisis.

0:15:36.120 --> 0:15:39.040
<v Speaker 4>Well, look, I mean, we're past talking about whether or

0:15:39.040 --> 0:15:41.480
<v Speaker 4>not we're in a constitutional crisis. When you have a

0:15:41.560 --> 0:15:45.520
<v Speaker 4>presidency that's engaging in the sort of behavior that we're seeing,

0:15:45.800 --> 0:15:48.160
<v Speaker 4>we are already there, right, we have a president who's

0:15:48.200 --> 0:15:51.400
<v Speaker 4>trying to assume the power of one, possibly two of

0:15:51.440 --> 0:15:54.520
<v Speaker 4>the other branches of government. And the weird thing about

0:15:54.560 --> 0:15:57.640
<v Speaker 4>living through a constitutional crisis I've been writing about this

0:15:57.680 --> 0:16:01.680
<v Speaker 4>a lot lately, is it doesn't really feel all that different. Right.

0:16:01.800 --> 0:16:05.960
<v Speaker 4>Nobody's out in the streets tearing up the constitution and

0:16:06.040 --> 0:16:08.840
<v Speaker 4>so there's no real trigger, which is why we're still

0:16:08.840 --> 0:16:11.920
<v Speaker 4>asking the question, right, is it a constitutional crisis yet?

0:16:12.200 --> 0:16:15.400
<v Speaker 4>But let me tell you it is. And what we're

0:16:15.480 --> 0:16:18.280
<v Speaker 4>increasingly seeing is that it will be up to the

0:16:18.320 --> 0:16:21.760
<v Speaker 4>courts to fashion a remedy for a lawless president. Courts

0:16:21.760 --> 0:16:24.720
<v Speaker 4>don't have armies, they can't send folks out to enforce

0:16:24.800 --> 0:16:28.800
<v Speaker 4>their orders. Court orders are enforceable because as Americans we

0:16:28.880 --> 0:16:32.480
<v Speaker 4>accept the power of the judicial branch, and although sometimes

0:16:32.520 --> 0:16:34.760
<v Speaker 4>people push back a little bit, there is of course

0:16:34.800 --> 0:16:38.960
<v Speaker 4>an appellate process. Sometimes judges have to issue orders directing

0:16:39.040 --> 0:16:42.400
<v Speaker 4>parties to engage in better compliance with their orders than

0:16:42.440 --> 0:16:45.440
<v Speaker 4>they have been. There has never been a moment in

0:16:45.480 --> 0:16:49.800
<v Speaker 4>our history of this lawlessness where there's been open speculation

0:16:50.200 --> 0:16:54.480
<v Speaker 4>that a president might simply ignore the Supreme Court. If

0:16:54.480 --> 0:16:56.400
<v Speaker 4>that happens, we're in the soup, right.

0:16:56.800 --> 0:17:00.200
<v Speaker 2>Right, And that's a real question for sort of what

0:17:00.280 --> 0:17:00.840
<v Speaker 2>we're seeing.

0:17:00.880 --> 0:17:03.080
<v Speaker 1>I mean, I think a lot of Trump World wants

0:17:03.120 --> 0:17:05.480
<v Speaker 1>to kick things up to the Supreme Court in the

0:17:05.520 --> 0:17:09.800
<v Speaker 1>hopes that the Supreme Court will somehow grant him everything

0:17:09.840 --> 0:17:10.760
<v Speaker 1>he wants in life.

0:17:10.840 --> 0:17:12.560
<v Speaker 2>Do you think that's realistic?

0:17:12.880 --> 0:17:15.920
<v Speaker 4>Well, look, we had the Attorney General saying that last week.

0:17:16.000 --> 0:17:18.320
<v Speaker 4>You know, she was talking about the cases and losses

0:17:18.320 --> 0:17:21.159
<v Speaker 4>in lower courts, and she spoke about getting to the

0:17:21.160 --> 0:17:24.000
<v Speaker 4>Supreme Court in fond terms, almost as though they were

0:17:24.040 --> 0:17:27.399
<v Speaker 4>a captive of the presidency. You and I both noted

0:17:27.400 --> 0:17:30.960
<v Speaker 4>that moment following Trump's not State of the Union, but

0:17:31.160 --> 0:17:34.399
<v Speaker 4>speech to the Joint Houses of Congress in session. We

0:17:34.520 --> 0:17:37.680
<v Speaker 4>noted that really painful moment at the end where Trump

0:17:37.840 --> 0:17:41.960
<v Speaker 4>walks down the line of Supreme Court justices shaking their hands. Thanks,

0:17:42.000 --> 0:17:45.439
<v Speaker 4>Elena Kagan tells the Chief Justice. Thanks, I won't forget

0:17:45.520 --> 0:17:47.359
<v Speaker 4>what you've done, you know, I mean, just like this

0:17:47.560 --> 0:17:51.320
<v Speaker 4>abominable moment that should have never happened, where Trump tried

0:17:51.359 --> 0:17:53.879
<v Speaker 4>to show the court that they were, in essence a

0:17:53.960 --> 0:17:56.920
<v Speaker 4>part of his government, not an independent branch. I don't

0:17:56.920 --> 0:17:59.359
<v Speaker 4>think that went down super well. I think that we

0:17:59.440 --> 0:18:01.919
<v Speaker 4>will see I'm long past the point of hoping for

0:18:02.000 --> 0:18:04.320
<v Speaker 4>nine zero decisions from the Supreme Court, but I think

0:18:04.359 --> 0:18:07.760
<v Speaker 4>we will see seven to two decisions defining the power

0:18:07.800 --> 0:18:10.200
<v Speaker 4>that a president can exercise and the power that a

0:18:10.240 --> 0:18:11.760
<v Speaker 4>president cannot exercise.

0:18:12.080 --> 0:18:15.040
<v Speaker 1>Speaking of that, they're setting up a bunch of stuff

0:18:15.080 --> 0:18:17.400
<v Speaker 1>to go to the Supreme Court. We saw I think

0:18:17.440 --> 0:18:22.280
<v Speaker 1>a really major moment when the Supreme Court rejected Sullivan

0:18:22.400 --> 0:18:25.439
<v Speaker 1>Vinior Times. Do you think that was a major moment

0:18:25.480 --> 0:18:27.720
<v Speaker 1>that they decided not to take it on the docket.

0:18:27.840 --> 0:18:30.240
<v Speaker 1>I feel like it was. And can you talk about

0:18:30.240 --> 0:18:31.240
<v Speaker 1>why that's important?

0:18:31.480 --> 0:18:34.160
<v Speaker 4>You bet. I'm one hundred percent in agreement with you.

0:18:34.160 --> 0:18:37.040
<v Speaker 4>You know, the Supreme Court rejected a case that had

0:18:37.080 --> 0:18:40.680
<v Speaker 4>been widely viewed as an opportunity for them to overturn

0:18:40.720 --> 0:18:44.440
<v Speaker 4>the precedent in New York Times versus Sullivan, an Alabama

0:18:44.520 --> 0:18:46.920
<v Speaker 4>case near and dear to my heart because I started

0:18:46.960 --> 0:18:50.320
<v Speaker 4>the practice of law doing a lot of defamation work,

0:18:50.680 --> 0:18:53.920
<v Speaker 4>and what Times versus Sullivan does. I think we all

0:18:53.960 --> 0:18:56.120
<v Speaker 4>know this at this point right. It imposes a very

0:18:56.200 --> 0:18:59.800
<v Speaker 4>high burden on someone who wants to sue for death

0:19:00.680 --> 0:19:03.959
<v Speaker 4>if they're a public figure, in order to recover, they

0:19:04.080 --> 0:19:07.199
<v Speaker 4>have to prove that they were defamed by someone who

0:19:07.359 --> 0:19:11.920
<v Speaker 4>showed actual malice, reckless disregard for the truth or falsity

0:19:11.960 --> 0:19:14.439
<v Speaker 4>of the statements that they were making. And there's been

0:19:14.480 --> 0:19:17.760
<v Speaker 4>a lot of suggestion that that standard is too difficult

0:19:17.800 --> 0:19:20.800
<v Speaker 4>and public figures can't recover, and so we need to

0:19:20.800 --> 0:19:24.520
<v Speaker 4>toss New York Times versus Sullivan out the window. Clarence

0:19:24.600 --> 0:19:28.760
<v Speaker 4>Thomas has adopted that approach in a concurrence in one case,

0:19:28.800 --> 0:19:31.159
<v Speaker 4>and there's been some sense that Justice Gorsich might be

0:19:31.200 --> 0:19:33.680
<v Speaker 4>on board too. He also had made a speech, I

0:19:33.760 --> 0:19:36.480
<v Speaker 4>think where he had sort of made those kind of comments.

0:19:36.640 --> 0:19:38.679
<v Speaker 4>But the full Court did not take this case. It

0:19:38.720 --> 0:19:40.879
<v Speaker 4>takes four votes for the Supreme Court to hear a

0:19:40.920 --> 0:19:44.440
<v Speaker 4>case oncert Those four votes weren't there. This is why

0:19:44.480 --> 0:19:48.080
<v Speaker 4>it matters Hungary. One of the first things that Orbond

0:19:48.160 --> 0:19:51.639
<v Speaker 4>did in Hungary was he made it easier to sue

0:19:51.640 --> 0:19:54.679
<v Speaker 4>the press for comments that they made about him, in

0:19:54.720 --> 0:19:57.119
<v Speaker 4>an effort to shut them down, in an effort to

0:19:57.160 --> 0:20:00.000
<v Speaker 4>make them afraid to say it, to make even modern

0:20:00.200 --> 0:20:04.680
<v Speaker 4>commentary out of fear that they would have these incredibly large,

0:20:04.760 --> 0:20:09.200
<v Speaker 4>damaging judicial judgments imposed against them. And you know this

0:20:09.440 --> 0:20:12.840
<v Speaker 4>was no doubt a similar move. I mean, the free press,

0:20:12.840 --> 0:20:15.159
<v Speaker 4>in many ways is what stands between you and me

0:20:15.240 --> 0:20:18.440
<v Speaker 4>and Tyranny Molly, and so protecting the press at all

0:20:18.520 --> 0:20:21.840
<v Speaker 4>costs is imperative. Apparently the Supreme Court, or at least

0:20:21.920 --> 0:20:25.840
<v Speaker 4>enough justices, weren't interested in helping Donald Trump erode that either.

0:20:26.440 --> 0:20:29.359
<v Speaker 1>Yeah, and you know, I want to add an interesting

0:20:29.440 --> 0:20:33.720
<v Speaker 1>thing about this is that the Sullivan New York Times case,

0:20:33.880 --> 0:20:37.280
<v Speaker 1>this case that was brought up, was actually brought up

0:20:37.400 --> 0:20:41.040
<v Speaker 1>by one of Trump's mega donners, Steve when Right.

0:20:41.200 --> 0:20:44.080
<v Speaker 4>So, yeah, this challenge that Wynn brought trying to say

0:20:44.080 --> 0:20:46.560
<v Speaker 4>that he could not be sued, it very much had

0:20:46.560 --> 0:20:49.800
<v Speaker 4>the look of this is what litigants do. The lawyers

0:20:49.800 --> 0:20:53.000
<v Speaker 4>among your listeners will know this. When there's precedent that

0:20:53.040 --> 0:20:56.520
<v Speaker 4>the lawyers don't like, or that really not the lawyers

0:20:56.560 --> 0:20:59.359
<v Speaker 4>but parties that they represent don't like, there will be

0:20:59.400 --> 0:21:02.600
<v Speaker 4>an effort to seed test cases across the country to

0:21:02.680 --> 0:21:05.040
<v Speaker 4>try to get rulings that can then be appealed to

0:21:05.080 --> 0:21:08.080
<v Speaker 4>the Supreme Court. And lawyers like to say bad facts

0:21:08.160 --> 0:21:10.960
<v Speaker 4>make bad law. Good facts make good law. So you're

0:21:11.080 --> 0:21:13.600
<v Speaker 4>very careful about the facts in the case that you're

0:21:13.640 --> 0:21:15.600
<v Speaker 4>trying to get up to the Supreme Court. You want

0:21:15.640 --> 0:21:17.800
<v Speaker 4>good facts so that you can make good law, or

0:21:17.840 --> 0:21:20.360
<v Speaker 4>at least good law for your client. And so this

0:21:20.440 --> 0:21:22.960
<v Speaker 4>case very much had the flavor of something that was

0:21:22.960 --> 0:21:25.359
<v Speaker 4>going to be used to argue that the standard in

0:21:25.400 --> 0:21:29.840
<v Speaker 4>Times versus Sullivan was far too high, that parties couldn't

0:21:29.880 --> 0:21:32.280
<v Speaker 4>meet it, and so it needed to be reversed, and

0:21:32.320 --> 0:21:35.119
<v Speaker 4>of course that ploy failed. I don't think we have

0:21:35.200 --> 0:21:38.520
<v Speaker 4>to look much further than the Egene Carroll case to

0:21:38.600 --> 0:21:42.000
<v Speaker 4>see why this matters, right, I mean, Trump would have

0:21:42.200 --> 0:21:44.200
<v Speaker 4>liked to win in that lawsuit, and he did not.

0:21:44.760 --> 0:21:47.280
<v Speaker 1>Yeah, I have to tell you, I always like, I

0:21:47.359 --> 0:21:50.959
<v Speaker 1>find you to be so soothing and also just a

0:21:51.000 --> 0:21:53.960
<v Speaker 1>wonderful person and also such a smart layer. But it

0:21:54.040 --> 0:21:56.520
<v Speaker 1>sounds like I'm telling you we're done, but we're not done.

0:21:56.520 --> 0:21:58.240
<v Speaker 1>But I just needed to tell you that right.

0:21:58.119 --> 0:22:00.000
<v Speaker 2>Now before you hit me. Yeah.

0:22:00.480 --> 0:22:02.600
<v Speaker 1>Now, Well I need to tell you that because whenever

0:22:02.640 --> 0:22:05.320
<v Speaker 1>I'm talking to you, I feel a little better. And

0:22:05.359 --> 0:22:08.120
<v Speaker 1>I think it's so important right now with all of us,

0:22:08.400 --> 0:22:11.200
<v Speaker 1>you know, the people in this country who care about democracy.

0:22:11.400 --> 0:22:14.919
<v Speaker 1>We are very stressed out, and for good reason. And

0:22:14.960 --> 0:22:17.879
<v Speaker 1>when you talk about Hungary, I would love you to

0:22:17.960 --> 0:22:21.280
<v Speaker 1>talk about the ways in which it feels like everything

0:22:21.320 --> 0:22:24.120
<v Speaker 1>matters in order to not slide into autocracy.

0:22:24.560 --> 0:22:25.800
<v Speaker 2>But I want you to.

0:22:25.720 --> 0:22:28.800
<v Speaker 1>Talk about a little bit about how we really there

0:22:28.880 --> 0:22:32.040
<v Speaker 1>are good things happening despite all of the sort of

0:22:32.680 --> 0:22:35.000
<v Speaker 1>carnage that this administration is creating.

0:22:35.359 --> 0:22:37.880
<v Speaker 4>Yeah, well, you know, I mean, there are good things happening,

0:22:37.960 --> 0:22:40.600
<v Speaker 4>and it's at the risk of being a little bit silly.

0:22:40.760 --> 0:22:43.639
<v Speaker 4>I have this breakfast club that meets every Wednesday morning.

0:22:43.640 --> 0:22:47.320
<v Speaker 4>It's met just forever, for decades. It's a small group

0:22:47.359 --> 0:22:52.639
<v Speaker 4>of women, different backgrounds, doctors, lawyers, business people, educators, retired people,

0:22:52.920 --> 0:22:56.960
<v Speaker 4>all different political stripes, just interested in getting together and

0:22:57.040 --> 0:23:00.240
<v Speaker 4>learning and spending time with women who are interested in

0:23:00.320 --> 0:23:02.600
<v Speaker 4>learning more about the world around them. I guess if

0:23:02.640 --> 0:23:04.879
<v Speaker 4>we had a theme, it would be that. And I

0:23:04.920 --> 0:23:08.640
<v Speaker 4>infrequently go these days because my Wednesday mornings are sort

0:23:08.640 --> 0:23:11.399
<v Speaker 4>of bad. But I was able to go last week,

0:23:11.600 --> 0:23:15.160
<v Speaker 4>and I was reminded that that's what democracy looks like, right,

0:23:15.280 --> 0:23:19.040
<v Speaker 4>small groups of Americans getting together. And I was fascinated

0:23:19.040 --> 0:23:23.639
<v Speaker 4>that this group that's so diverse, is completely united around

0:23:23.720 --> 0:23:26.879
<v Speaker 4>the notion that democracy has to survive. And so I

0:23:26.880 --> 0:23:28.760
<v Speaker 4>think this is what we all need to do. We

0:23:28.800 --> 0:23:31.159
<v Speaker 4>need to hug the people around us. We need to

0:23:31.160 --> 0:23:34.520
<v Speaker 4>spend some time talking about what matters. We don't live

0:23:34.560 --> 0:23:37.880
<v Speaker 4>in an era where democracy gets fought for on battlefield

0:23:37.920 --> 0:23:40.639
<v Speaker 4>in Europe. We live in this moment where we're fighting

0:23:40.640 --> 0:23:43.399
<v Speaker 4>for democracy in our living rooms, in the stands at

0:23:43.440 --> 0:23:47.080
<v Speaker 4>football games, across the counter at the grocery store. And

0:23:47.119 --> 0:23:49.199
<v Speaker 4>it's a little bit hard to get used to that

0:23:49.560 --> 0:23:51.760
<v Speaker 4>and to think that you're not being dramatic when you

0:23:51.760 --> 0:23:54.639
<v Speaker 4>say things like that. But the reality is that the

0:23:54.680 --> 0:23:57.520
<v Speaker 4>fight for democracy is happening at home, and it's happening

0:23:57.600 --> 0:23:58.119
<v Speaker 4>right now.

0:23:58.440 --> 0:23:58.720
<v Speaker 2>Yeah.

0:23:58.760 --> 0:24:02.720
<v Speaker 1>And I think really great example is this race for

0:24:02.840 --> 0:24:07.440
<v Speaker 1>Supreme Court in It was the most expensive judicial race ever,

0:24:07.680 --> 0:24:12.000
<v Speaker 1>right this Wisconsin Supreme Court race. I'm wondering if you

0:24:12.080 --> 0:24:14.719
<v Speaker 1>so this is something that is sort of a factor

0:24:14.720 --> 0:24:17.080
<v Speaker 1>of modern life, is that we have now and some

0:24:17.240 --> 0:24:19.440
<v Speaker 1>states have it in some states don't. We have these

0:24:19.480 --> 0:24:25.280
<v Speaker 1>sort of partisan judiciary elections. So I'm wondering if you

0:24:25.359 --> 0:24:27.920
<v Speaker 1>can sort of speak to us about sort of how

0:24:27.960 --> 0:24:31.040
<v Speaker 1>this came to be and what it means to have

0:24:31.160 --> 0:24:36.080
<v Speaker 1>partisan judicial elections, because we also don't have partisan judicial

0:24:36.080 --> 0:24:37.280
<v Speaker 1>elections in some places.

0:24:37.320 --> 0:24:38.920
<v Speaker 2>We have judges who are appointed.

0:24:39.040 --> 0:24:43.080
<v Speaker 1>So I'm hoping this was one hundred million dollar race

0:24:43.320 --> 0:24:45.800
<v Speaker 1>for this seat, and I'm hoping you could sort of

0:24:45.840 --> 0:24:46.479
<v Speaker 1>talk about it.

0:24:47.040 --> 0:24:50.159
<v Speaker 4>Yes, So look, this isn't an eternal problem. How do

0:24:50.200 --> 0:24:51.360
<v Speaker 4>we pick our judges?

0:24:51.440 --> 0:24:51.600
<v Speaker 1>Right?

0:24:51.640 --> 0:24:54.720
<v Speaker 4>We expect our judges to be objective. We want them

0:24:54.760 --> 0:24:58.520
<v Speaker 4>to be above party politics and personal grievances. How do

0:24:58.600 --> 0:25:01.680
<v Speaker 4>we get them there? And there two primary ways. One

0:25:01.720 --> 0:25:05.000
<v Speaker 4>is that they get appointed by somebody. That's the federal system.

0:25:05.160 --> 0:25:07.439
<v Speaker 4>The other is that they get elected by the people.

0:25:07.680 --> 0:25:10.159
<v Speaker 4>That's what a number of states have. And you know,

0:25:10.240 --> 0:25:13.159
<v Speaker 4>there are problems both ways. Right to get appointed to

0:25:13.200 --> 0:25:16.680
<v Speaker 4>be a federal judge, depending on the administration, you have

0:25:16.760 --> 0:25:18.680
<v Speaker 4>to be more or less in line with what they

0:25:18.720 --> 0:25:21.320
<v Speaker 4>think their long term policy goals are to get a seat.

0:25:21.359 --> 0:25:24.719
<v Speaker 4>So there's that to get elected, and particularly states are

0:25:24.760 --> 0:25:27.000
<v Speaker 4>really different about how they do this. In some states,

0:25:27.080 --> 0:25:29.119
<v Speaker 4>mine is one of them. Judges just run for re

0:25:29.240 --> 0:25:32.520
<v Speaker 4>election every six years. In other states, once you're in

0:25:32.720 --> 0:25:36.120
<v Speaker 4>there's this sort of luke thumbs up, thumbs down vote

0:25:36.160 --> 0:25:39.040
<v Speaker 4>where you only get booted out of office if the

0:25:39.080 --> 0:25:41.720
<v Speaker 4>people think that you've really screwed something up, and so

0:25:41.880 --> 0:25:46.000
<v Speaker 4>elections to have their problems. You know, sometimes you feel like,

0:25:46.119 --> 0:25:49.160
<v Speaker 4>especially now that we live in this era where political

0:25:49.200 --> 0:25:53.520
<v Speaker 4>money can be injected into races for judges, you sort

0:25:53.520 --> 0:25:55.719
<v Speaker 4>of feel like the judges should take the bench with

0:25:55.840 --> 0:25:59.679
<v Speaker 4>patches on their robes displaying their loyalty right to the

0:25:59.680 --> 0:26:04.040
<v Speaker 4>big corporate donors that put them there. I think what

0:26:04.119 --> 0:26:07.040
<v Speaker 4>you gotta do is you've got to hope that at

0:26:07.080 --> 0:26:11.080
<v Speaker 4>some level you are selecting people of honor and integrity

0:26:11.080 --> 0:26:14.600
<v Speaker 4>who understand the mission, and regardless of how they get

0:26:14.640 --> 0:26:18.800
<v Speaker 4>on the bench, they will fulfill their duty to make

0:26:18.840 --> 0:26:21.280
<v Speaker 4>decisions in their cases based on the facts and the law.

0:26:21.880 --> 0:26:25.640
<v Speaker 4>That happens in a surprising number of cases every day,

0:26:25.840 --> 0:26:28.560
<v Speaker 4>all across the country. But it's not a perfect system.

0:26:28.600 --> 0:26:30.520
<v Speaker 4>I don't think we should pretend it is. It's the

0:26:30.560 --> 0:26:32.360
<v Speaker 4>best way we've got to pick judges.

0:26:32.840 --> 0:26:36.119
<v Speaker 1>We have definitely seen that happen, And a great example

0:26:36.320 --> 0:26:40.159
<v Speaker 1>I feel like is that this Trump administration has lost

0:26:40.240 --> 0:26:46.480
<v Speaker 1>with judges from five different administrations, right Republican judges, Democratic judges,

0:26:46.560 --> 0:26:51.120
<v Speaker 1>Bush judges, Obama judges. Everyone has said that a lot

0:26:51.160 --> 0:26:53.000
<v Speaker 1>of this stuff Trump has tried to do as illegal.

0:26:53.280 --> 0:26:55.640
<v Speaker 1>I have one last question for you, which is about

0:26:55.840 --> 0:26:58.760
<v Speaker 1>Trump did this executive order which is meant to mass

0:26:58.800 --> 0:27:01.240
<v Speaker 1>with elections socrats are suing him.

0:27:01.760 --> 0:27:03.240
<v Speaker 2>Talk to me about sort.

0:27:03.080 --> 0:27:06.080
<v Speaker 1>Of what this means, how this works, and also ourn't

0:27:06.080 --> 0:27:09.399
<v Speaker 1>executive orders sort of toothless ultimately.

0:27:08.960 --> 0:27:10.040
<v Speaker 2>But talk about it.

0:27:10.359 --> 0:27:15.080
<v Speaker 4>Executive orders are powerful to the extent that they're ordering

0:27:15.160 --> 0:27:18.760
<v Speaker 4>people in the executive branch to do something. And so

0:27:18.880 --> 0:27:21.480
<v Speaker 4>when you write an executive order, I think Trump is

0:27:21.560 --> 0:27:24.840
<v Speaker 4>particularly good at this. You tool it so that you're

0:27:24.880 --> 0:27:28.520
<v Speaker 4>directing people that you have control over to do something.

0:27:29.080 --> 0:27:33.119
<v Speaker 4>Executive orders don't have any force beyond maybe being a

0:27:33.160 --> 0:27:36.399
<v Speaker 4>bully pulpit if you're, for instance, directing the states to

0:27:36.440 --> 0:27:38.600
<v Speaker 4>do something. And so, to cut to the chase Molly,

0:27:38.760 --> 0:27:42.439
<v Speaker 4>what Trump does in this executive order on voting is

0:27:42.600 --> 0:27:45.160
<v Speaker 4>he tells states and by the way, if you don't

0:27:45.200 --> 0:27:48.680
<v Speaker 4>do my bidding, no more federal funding for your elections.

0:27:48.880 --> 0:27:51.919
<v Speaker 4>And that will be catastrophic in some places. You know,

0:27:52.280 --> 0:27:54.560
<v Speaker 4>we don't have one national election. We don't even have

0:27:54.640 --> 0:27:57.760
<v Speaker 4>fifty state elections. We have a series of elections being

0:27:57.800 --> 0:28:02.040
<v Speaker 4>held across the country. Thousands of them local elections all

0:28:02.119 --> 0:28:04.320
<v Speaker 4>across the country, and some of the counties that are

0:28:04.400 --> 0:28:08.840
<v Speaker 4>running elections are largely dependent. The federal funding that they

0:28:08.880 --> 0:28:12.359
<v Speaker 4>get is essential, particularly if they're going to take advantage

0:28:12.400 --> 0:28:16.400
<v Speaker 4>of modern technology and keep it secure. So that's what

0:28:16.440 --> 0:28:18.960
<v Speaker 4>Trump thinks he has the force to do. There are

0:28:18.960 --> 0:28:22.200
<v Speaker 4>a couple of things going on in this executive order.

0:28:22.400 --> 0:28:24.760
<v Speaker 4>One of course, is this demand that no one can

0:28:24.840 --> 0:28:29.240
<v Speaker 4>register to vote unless they can prove their citizenship. And

0:28:29.359 --> 0:28:32.840
<v Speaker 4>that's really sort of crazy what happens, And this is

0:28:32.880 --> 0:28:35.720
<v Speaker 4>the long term theme. Right Republicans raise a lot of

0:28:35.760 --> 0:28:39.719
<v Speaker 4>noise and dust claiming that there's voter fraud infecting our elections,

0:28:39.880 --> 0:28:43.400
<v Speaker 4>and the reality is that that's not true. People who

0:28:43.400 --> 0:28:46.920
<v Speaker 4>have looked at this and studied this, even Republican states

0:28:46.920 --> 0:28:49.600
<v Speaker 4>that have tried to find evidence of people who aren't

0:28:49.640 --> 0:28:53.720
<v Speaker 4>citizens voting in our elections come up largely empty handed.

0:28:54.000 --> 0:28:57.880
<v Speaker 4>There's no evidence that voter fraud is impacting the outcome

0:28:58.080 --> 0:29:01.600
<v Speaker 4>of elections. And the problem is that they then use

0:29:01.640 --> 0:29:05.360
<v Speaker 4>those baseless claims of voter fraud to engage in voter suppression,

0:29:05.400 --> 0:29:07.920
<v Speaker 4>to keep people who are entitled to vote from voting.

0:29:08.560 --> 0:29:11.840
<v Speaker 4>That's what's happening here because if you don't have a passport,

0:29:12.200 --> 0:29:14.680
<v Speaker 4>it can be really hard to prove that you're a citizen.

0:29:15.080 --> 0:29:18.040
<v Speaker 4>And you know who has passports. It's people like you

0:29:18.120 --> 0:29:20.760
<v Speaker 4>and me. It's people who are upper middle class people

0:29:20.800 --> 0:29:24.680
<v Speaker 4>who are doing okay. And a move like this disenfranchises

0:29:24.760 --> 0:29:27.760
<v Speaker 4>people who are older. A lot of elderly people, for instance,

0:29:27.840 --> 0:29:30.160
<v Speaker 4>may have been born at home and don't have easy

0:29:30.200 --> 0:29:33.200
<v Speaker 4>access to birth certificates, or they've lost the papers that

0:29:33.240 --> 0:29:37.080
<v Speaker 4>they need in moves. It hurts black people in the South,

0:29:37.240 --> 0:29:40.880
<v Speaker 4>and these voter suppression measures are always directed at keeping

0:29:40.920 --> 0:29:43.719
<v Speaker 4>black voters from voting because Republicans fear that they will

0:29:43.800 --> 0:29:46.880
<v Speaker 4>vote democratic. This is just more of that same and

0:29:46.920 --> 0:29:50.200
<v Speaker 4>it's just really offensive to democracy. And I think something

0:29:50.600 --> 0:29:53.280
<v Speaker 4>that we don't do because we've lived with eight years

0:29:53.280 --> 0:29:56.680
<v Speaker 4>of outrage and we no longer have the capacity really

0:29:56.720 --> 0:30:00.600
<v Speaker 4>to get super outraged about any one individual of this

0:30:00.880 --> 0:30:04.320
<v Speaker 4>EO that is an effort to suppress the vote is outrageous.

0:30:04.320 --> 0:30:07.120
<v Speaker 4>It's the dying gasp of a lame duck president who

0:30:07.120 --> 0:30:09.920
<v Speaker 4>wants to try to have a legacy, and that legacy

0:30:10.080 --> 0:30:12.560
<v Speaker 4>is taking away democracy from Americans.

0:30:12.840 --> 0:30:14.680
<v Speaker 2>Thank you, Joyce Fance.

0:30:15.040 --> 0:30:17.080
<v Speaker 4>Thanks for having me, Molly. It's always good to be

0:30:17.160 --> 0:30:17.440
<v Speaker 4>with you.

0:30:20.240 --> 0:30:24.080
<v Speaker 1>Laura Damboa, it's a professor at the University of Notre Dame.

0:30:24.560 --> 0:30:27.480
<v Speaker 2>Welcome to Fast Politics, Laura, thank you so much for

0:30:27.520 --> 0:30:28.000
<v Speaker 2>the invite.

0:30:28.040 --> 0:30:28.400
<v Speaker 4>Mollie.

0:30:28.600 --> 0:30:31.600
<v Speaker 1>I want you to talk about this article you wrote

0:30:31.720 --> 0:30:34.640
<v Speaker 1>in Foreign Affairs called how to Save a Democracy, But

0:30:34.760 --> 0:30:37.400
<v Speaker 1>first I want you to tell us a little bit

0:30:37.600 --> 0:30:42.080
<v Speaker 1>about your field of study so that we can understand

0:30:42.240 --> 0:30:45.640
<v Speaker 1>exactly why you are the person to make this case.

0:30:46.120 --> 0:30:50.560
<v Speaker 5>I study democratic backslighting. I've been studying it for more

0:30:50.600 --> 0:30:55.000
<v Speaker 5>than ten years. I particularly focus on what all positions

0:30:55.080 --> 0:30:58.400
<v Speaker 5>can do to stop what I call potential autocrats. These

0:30:58.400 --> 0:31:02.680
<v Speaker 5>are presidents or executive that are willing to undermine democratic

0:31:02.680 --> 0:31:05.360
<v Speaker 5>institutions in order to get what they want, and so

0:31:05.880 --> 0:31:08.920
<v Speaker 5>what I work on is what oppositions can do to

0:31:08.960 --> 0:31:11.800
<v Speaker 5>stop them. I wrote a book that was published in

0:31:11.800 --> 0:31:15.600
<v Speaker 5>twenty twenty two called Resisting Backsliding Opposition Strategies against the

0:31:15.600 --> 0:31:19.959
<v Speaker 5>Erosion of Democracy, in which I discussed how the strategies

0:31:20.040 --> 0:31:24.360
<v Speaker 5>used by the opposition in Venezuela against Douguchavis failed, while

0:31:24.480 --> 0:31:27.520
<v Speaker 5>the opposition the strategy is used by the opposition in

0:31:27.560 --> 0:31:33.280
<v Speaker 5>Colombia against al Var u Riwe succeeded in stopping alvar

0:31:33.400 --> 0:31:37.080
<v Speaker 5>Drive from undermining democracy, pretty much stopping him from staying

0:31:37.080 --> 0:31:38.920
<v Speaker 5>in power after his second term.

0:31:39.240 --> 0:31:42.240
<v Speaker 2>So you really know what you're talking about.

0:31:42.280 --> 0:31:45.680
<v Speaker 1>You have an example here, you've studied where where stopping

0:31:45.720 --> 0:31:47.920
<v Speaker 1>autocracy has worked and where it hasn't worked.

0:31:48.120 --> 0:31:49.960
<v Speaker 2>So first explain.

0:31:49.600 --> 0:31:54.120
<v Speaker 1>To us why Donald Trump is an aspiring autocraft.

0:31:54.120 --> 0:31:55.640
<v Speaker 2>What are the symptoms?

0:31:57.040 --> 0:32:02.440
<v Speaker 5>So there are plenty symptoms. Autocrats or potential autocrats often

0:32:02.520 --> 0:32:06.560
<v Speaker 5>come to power with an anti systemic discourse that attacks

0:32:06.800 --> 0:32:11.520
<v Speaker 5>democratic institutions. It attacks Congress, it attacks the courts, it

0:32:11.600 --> 0:32:15.880
<v Speaker 5>attacks opponents. It just takes away legitimacy from opponents. It

0:32:16.120 --> 0:32:20.800
<v Speaker 5>supports or endorses violence against those that disagree with him.

0:32:21.160 --> 0:32:24.520
<v Speaker 5>That is kind of discoursively. But more importantly, I think

0:32:24.760 --> 0:32:28.320
<v Speaker 5>that because Donald trump property was present for four years,

0:32:28.560 --> 0:32:31.240
<v Speaker 5>we had a pretty good idea of how authoritarian he

0:32:31.280 --> 0:32:34.840
<v Speaker 5>could be. He pretty much broke the cardinal rule of

0:32:35.000 --> 0:32:37.240
<v Speaker 5>the Marcusies, which is there is an election and you

0:32:37.320 --> 0:32:38.240
<v Speaker 5>respect the result.

0:32:38.560 --> 0:32:40.160
<v Speaker 2>And he did it. There was an.

0:32:40.000 --> 0:32:44.000
<v Speaker 5>Election, he lost that election, and then he mobilized a

0:32:44.040 --> 0:32:48.479
<v Speaker 5>group of people to attack the capital, to change the outcome,

0:32:48.480 --> 0:32:51.120
<v Speaker 5>to to fail to certify the election, and he has

0:32:51.200 --> 0:32:54.840
<v Speaker 5>refused to acknowledge the result of those elections ever since

0:32:55.280 --> 0:32:59.880
<v Speaker 5>now as present, he has behaved. What we're seeing in

0:32:59.880 --> 0:33:02.360
<v Speaker 5>the you as the closest example that I've seen is Guatemala.

0:33:02.400 --> 0:33:07.560
<v Speaker 5>What you have is an elite coalition that seeks to

0:33:07.800 --> 0:33:12.320
<v Speaker 5>undermine the state, pretty much carve away in this case

0:33:12.360 --> 0:33:17.080
<v Speaker 5>of federal bureaucracy, in order to promote corruption and impunity.

0:33:17.480 --> 0:33:20.320
<v Speaker 5>That's what we have seen in the past two months now.

0:33:20.400 --> 0:33:24.360
<v Speaker 5>The problem with that is that when you do that, then,

0:33:24.840 --> 0:33:26.600
<v Speaker 5>so first of all, is the way it has been

0:33:26.600 --> 0:33:31.800
<v Speaker 5>done is done by violating or defying or ignoring the law.

0:33:32.480 --> 0:33:33.400
<v Speaker 2>It has been done.

0:33:33.240 --> 0:33:38.320
<v Speaker 5>In the mesifiic scores that attacks the courts, and very importantly,

0:33:39.000 --> 0:33:43.640
<v Speaker 5>it has also been done with a discourse that pretty

0:33:43.720 --> 0:33:47.760
<v Speaker 5>much claims that only those who support him are entitled

0:33:47.840 --> 0:33:49.680
<v Speaker 5>to the rights that are afforded to all of us

0:33:50.000 --> 0:33:50.920
<v Speaker 5>by the Constitution.

0:33:51.280 --> 0:33:54.000
<v Speaker 1>And we're seeing that with the disappearing grad students. We're

0:33:54.040 --> 0:33:58.920
<v Speaker 1>saying that with the fight with the sixty minutes in review, right,

0:33:59.120 --> 0:34:02.160
<v Speaker 1>the idea that if you're not towing the party line,

0:34:02.240 --> 0:34:05.280
<v Speaker 1>you're lying or you're doing something illegal. So the first

0:34:05.400 --> 0:34:11.400
<v Speaker 1>part of this story of this idea of pushback against autocracy.

0:34:12.080 --> 0:34:15.520
<v Speaker 1>It begins with don't throw away your shot. So explain

0:34:15.600 --> 0:34:19.840
<v Speaker 1>to us what that means. And I think even more important,

0:34:20.360 --> 0:34:22.640
<v Speaker 1>I think I just want to read one line because

0:34:22.680 --> 0:34:27.480
<v Speaker 1>I think it's so critical. The erosion of democracy happens gradually.

0:34:27.920 --> 0:34:31.560
<v Speaker 1>The opposition has ample opportunities to fight back.

0:34:32.040 --> 0:34:37.000
<v Speaker 5>Yes, so before say the early two thousands, most democracies

0:34:37.080 --> 0:34:40.640
<v Speaker 5>died via coups, right, And so the logic of a

0:34:40.680 --> 0:34:43.960
<v Speaker 5>coup is you have usually a member of the armed forces,

0:34:44.040 --> 0:34:48.040
<v Speaker 5>sometimes this a civilian leveraging weapons, and the armed forces

0:34:48.080 --> 0:34:52.600
<v Speaker 5>takes over the presidential palace. And you know, immediately afterwards

0:34:52.680 --> 0:34:56.239
<v Speaker 5>jail's opponents or persecutes them. Right, this happens in a

0:34:56.239 --> 0:34:59.160
<v Speaker 5>matter of two or three days. So because coups happen

0:34:59.239 --> 0:35:02.279
<v Speaker 5>like in one shot, the position really has no time

0:35:02.320 --> 0:35:05.000
<v Speaker 5>to fight back, right Like, within three days, Congress is closed,

0:35:05.040 --> 0:35:08.120
<v Speaker 5>the courts are closed, the military has controlled, the opposition

0:35:08.200 --> 0:35:09.920
<v Speaker 5>is all in the embassies. That's kind of what we

0:35:10.040 --> 0:35:12.120
<v Speaker 5>used to see in the past. But what we see

0:35:12.160 --> 0:35:16.960
<v Speaker 5>today is a different form of democratic breakdown, is a

0:35:17.000 --> 0:35:21.560
<v Speaker 5>slow form of democratic erosion that yes, eventually ends with

0:35:21.600 --> 0:35:26.480
<v Speaker 5>the regime transforming into authoritarian into some form of authoritarian regime.

0:35:26.640 --> 0:35:29.600
<v Speaker 5>But it happens over time, it happens very slowly. So

0:35:29.880 --> 0:35:32.000
<v Speaker 5>if you think about I'm going to give you two examples.

0:35:32.000 --> 0:35:34.480
<v Speaker 5>If you think about Venezuela, Uga, Chavis comes to power

0:35:34.520 --> 0:35:37.840
<v Speaker 5>in nineteen ninety nine. Even by two thousand, after he

0:35:37.920 --> 0:35:41.080
<v Speaker 5>had changed the constitution, the position had half of the

0:35:41.080 --> 0:35:45.480
<v Speaker 5>seats in the legislature, had a significant influence over courts

0:35:45.600 --> 0:35:49.919
<v Speaker 5>at significant influence over the military forces, and the main

0:35:50.600 --> 0:35:54.200
<v Speaker 5>source of resources in Venezuela, which was the oil company. Likewise,

0:35:54.239 --> 0:35:56.760
<v Speaker 5>if you think about the United States, yes, Donald Trump

0:35:56.840 --> 0:35:59.600
<v Speaker 5>is the president, but Democrats have seats in Congress, they

0:35:59.600 --> 0:36:04.560
<v Speaker 5>controlled governorships, they control majorships, they have seats in legislative assemblies,

0:36:04.600 --> 0:36:08.440
<v Speaker 5>they have seats in council members. They have economic resources,

0:36:08.480 --> 0:36:11.080
<v Speaker 5>they have media outlets. There's a lot of resources they

0:36:11.080 --> 0:36:14.759
<v Speaker 5>can leverage to protect democracy. It is important to use

0:36:14.800 --> 0:36:17.319
<v Speaker 5>those resources and to use them well. And what I

0:36:17.320 --> 0:36:20.239
<v Speaker 5>have found in my research is that oppositions who use

0:36:20.600 --> 0:36:23.560
<v Speaker 5>the resources and use them well are more likely to

0:36:23.680 --> 0:36:27.759
<v Speaker 5>fit autocrats than those that don't. Now, Democrats, like many other,

0:36:28.160 --> 0:36:32.320
<v Speaker 5>many many other oppositions in countries in processes of autoqualization

0:36:32.840 --> 0:36:36.319
<v Speaker 5>are facing what we call regim uncertainty, so they are

0:36:36.400 --> 0:36:40.319
<v Speaker 5>unsure of how serious is the threat. Right, So what

0:36:40.360 --> 0:36:42.319
<v Speaker 5>you have is some people saying, you know what, we

0:36:42.360 --> 0:36:45.960
<v Speaker 5>should just duck and wait and you know in the

0:36:45.960 --> 0:36:48.359
<v Speaker 5>midterms this is all going to change. And then there's

0:36:48.400 --> 0:36:50.520
<v Speaker 5>another group that is like a little bit more alarmed and.

0:36:50.480 --> 0:36:52.560
<v Speaker 2>Be like, no, we need to react.

0:36:53.000 --> 0:36:55.759
<v Speaker 5>I think both the streams are really bad. Right on

0:36:55.800 --> 0:37:00.480
<v Speaker 5>the one hand, docking and changing and docking and waiting

0:37:00.840 --> 0:37:03.520
<v Speaker 5>my meaning that you don't get a chance to protect

0:37:03.560 --> 0:37:05.920
<v Speaker 5>democracy at this point in time.

0:37:06.600 --> 0:37:08.040
<v Speaker 2>We don't know if the.

0:37:08.080 --> 0:37:10.480
<v Speaker 5>Midterm elections are going to be free and fair, right,

0:37:10.600 --> 0:37:13.239
<v Speaker 5>so there might not be midterm elections to win, or

0:37:13.280 --> 0:37:16.040
<v Speaker 5>there might not be the ability to win midterm elections.

0:37:16.440 --> 0:37:19.520
<v Speaker 5>But the only one the extremists, which is kind of

0:37:19.520 --> 0:37:23.200
<v Speaker 5>what we sow early in Venezuela, is not necessarily good either.

0:37:23.280 --> 0:37:27.000
<v Speaker 5>This idea that you have to go the extra institutional route,

0:37:27.320 --> 0:37:31.040
<v Speaker 5>stop the present at all costs, violating the constitution, violating

0:37:31.080 --> 0:37:33.640
<v Speaker 5>the rules is also about idea, because what ends up

0:37:33.640 --> 0:37:38.640
<v Speaker 5>happening is you give the present sort of the legitimacy

0:37:38.680 --> 0:37:43.360
<v Speaker 5>he needs, the cover he needs to further entrench autocracy.

0:37:43.680 --> 0:37:45.640
<v Speaker 5>Now there is a way to do this that is

0:37:45.680 --> 0:37:48.239
<v Speaker 5>kind of in the middle, which is being strategic, Yes,

0:37:48.320 --> 0:37:51.239
<v Speaker 5>being worried of being concerned by being strategic about the

0:37:51.280 --> 0:37:54.759
<v Speaker 5>resources you have, protect them and expand them. So use

0:37:54.800 --> 0:37:57.880
<v Speaker 5>them biomis, use them, but also use them in a

0:37:57.920 --> 0:38:00.000
<v Speaker 5>way that protects them without risking them.

0:38:00.239 --> 0:38:01.719
<v Speaker 2>Give me some ways to do that.

0:38:01.960 --> 0:38:04.279
<v Speaker 5>So there are various ways to do that. One way

0:38:04.360 --> 0:38:07.120
<v Speaker 5>is to obstruct logization from Congress. In Columbia, they were

0:38:07.160 --> 0:38:10.600
<v Speaker 5>incredibly successful in obstructing legization. U S low it down,

0:38:11.200 --> 0:38:16.640
<v Speaker 5>you include amendments, you create procedure irregularities another way, and

0:38:16.680 --> 0:38:20.239
<v Speaker 5>this has happening places in which sort of autocorization is

0:38:20.239 --> 0:38:23.520
<v Speaker 5>a little bit further down the road, such as Hungary,

0:38:23.760 --> 0:38:28.680
<v Speaker 5>Coland you can use these spaces as mechanisms to visivilize

0:38:28.760 --> 0:38:31.480
<v Speaker 5>what is happening. So say, for example, in the speech

0:38:31.560 --> 0:38:35.400
<v Speaker 5>Donald trumk Gate to both the Joint Session of Congress,

0:38:35.719 --> 0:38:40.000
<v Speaker 5>it was a mistake to not coordinate and do something

0:38:40.080 --> 0:38:46.040
<v Speaker 5>together right, So Democrats could have missed the speech altogether,

0:38:46.080 --> 0:38:48.720
<v Speaker 5>and if they all miss it, it's a huge visible

0:38:48.800 --> 0:38:53.560
<v Speaker 5>signal of rejection. Or they could have disrupted the speech

0:38:53.840 --> 0:38:56.600
<v Speaker 5>one by one. Instead of having just one representative doing it,

0:38:56.640 --> 0:38:59.279
<v Speaker 5>you could have added all of them doing it one

0:38:59.280 --> 0:39:02.120
<v Speaker 5>by one, which would have been highly, highly disruptive and

0:39:02.160 --> 0:39:05.840
<v Speaker 5>incredibly hard to stop. Or you could have leveraged the

0:39:05.920 --> 0:39:09.160
<v Speaker 5>space to something else. I think what you cannot do

0:39:09.480 --> 0:39:12.120
<v Speaker 5>is missed the opportunity to use those spaces.

0:39:12.680 --> 0:39:15.959
<v Speaker 1>Right, a really good point, And I think about what

0:39:16.080 --> 0:39:19.520
<v Speaker 1>Corey Booker has done last night, which is he feilibuster

0:39:19.719 --> 0:39:22.480
<v Speaker 1>for fifteen hours. What you're saying, it seems to me

0:39:22.840 --> 0:39:27.400
<v Speaker 1>is that Democrats need to do absolutely everything they can

0:39:28.080 --> 0:39:31.320
<v Speaker 1>to transmit that this is not normal.

0:39:31.280 --> 0:39:35.000
<v Speaker 5>Yes, and to slow down the agenda. They have their

0:39:35.000 --> 0:39:38.560
<v Speaker 5>resources to do it. They might not succeed right because

0:39:38.600 --> 0:39:40.880
<v Speaker 5>they're not the majority, but that doesn't mean they cannot

0:39:40.880 --> 0:39:44.440
<v Speaker 5>delay it, or that they cannot leverage those spaces to

0:39:44.640 --> 0:39:50.080
<v Speaker 5>send important messages to Americans, to their partisan members and

0:39:50.200 --> 0:39:52.959
<v Speaker 5>to other still society organizations. At the end of the day,

0:39:53.480 --> 0:39:56.640
<v Speaker 5>what we're seeing is a lot of responses, but they

0:39:56.640 --> 0:39:59.200
<v Speaker 5>don't seem very coordinated. So you have a few members

0:39:59.239 --> 0:40:01.799
<v Speaker 5>of the party, members of Congress doing their own thing,

0:40:01.880 --> 0:40:04.359
<v Speaker 5>you have seal society organizations doing their own thing. And

0:40:04.400 --> 0:40:07.880
<v Speaker 5>I think Democrats have the ability to use these resources

0:40:07.920 --> 0:40:11.719
<v Speaker 5>to somehow create a more ordinated response.

0:40:12.400 --> 0:40:16.680
<v Speaker 1>Right exactly, Okay, I want to keep going with this idea. Right,

0:40:16.800 --> 0:40:19.520
<v Speaker 1>So they need a coordinative response. They need to transmit

0:40:19.600 --> 0:40:22.359
<v Speaker 1>that this is not normal now, they need to use

0:40:22.400 --> 0:40:23.200
<v Speaker 1>what they've got.

0:40:23.280 --> 0:40:24.600
<v Speaker 2>What does that mean? Go for that?

0:40:24.960 --> 0:40:28.680
<v Speaker 5>I think about it in broader terms. Right, So, in Congress,

0:40:28.719 --> 0:40:31.680
<v Speaker 5>for example, the last sort of critical juncture would have

0:40:31.760 --> 0:40:36.240
<v Speaker 5>been the budget. They had the ability to slow down, stop,

0:40:36.400 --> 0:40:40.480
<v Speaker 5>or leverage the negotiation over the continuing Resolution in order

0:40:40.719 --> 0:40:43.000
<v Speaker 5>to send a message that this is not okay. I

0:40:43.480 --> 0:40:46.799
<v Speaker 5>can see sort of the strategic calculations of not having

0:40:46.840 --> 0:40:49.560
<v Speaker 5>a shutdown. I mean, there are arguments an argument for that,

0:40:49.760 --> 0:40:52.400
<v Speaker 5>but they never made the argument. They did not leverage

0:40:52.440 --> 0:40:56.480
<v Speaker 5>that unique opportunity they had to create a space to

0:40:56.560 --> 0:40:59.520
<v Speaker 5>send a strong message to rally the troops to say

0:40:59.560 --> 0:41:01.879
<v Speaker 5>this is not okay. Instead, they came out and said, well,

0:41:02.120 --> 0:41:04.239
<v Speaker 5>you know what, a shutdown would be worse. And I

0:41:04.239 --> 0:41:05.320
<v Speaker 5>think that that's a mistake.

0:41:05.800 --> 0:41:06.560
<v Speaker 2>Right now.

0:41:06.760 --> 0:41:09.160
<v Speaker 5>The second thing that I think could have happened is

0:41:09.200 --> 0:41:12.680
<v Speaker 5>outside Congress. Really there is what we call a collective

0:41:12.719 --> 0:41:16.839
<v Speaker 5>action problem. That is, it is really hard for individuals,

0:41:16.880 --> 0:41:20.680
<v Speaker 5>So for instance, law firms or universities to protect themselves.

0:41:20.719 --> 0:41:24.799
<v Speaker 5>So there is no gear agreement of how to fight together, right,

0:41:24.840 --> 0:41:29.160
<v Speaker 5>and so universities or law firms or individuals being targeted

0:41:29.200 --> 0:41:32.040
<v Speaker 5>by the government are scared, and so they're doing their

0:41:32.160 --> 0:41:35.840
<v Speaker 5>very best to protect themselves individually. But what we have

0:41:35.880 --> 0:41:39.960
<v Speaker 5>seen so far is that nobody is protected against a

0:41:40.400 --> 0:41:44.400
<v Speaker 5>leader with authority and tendencies. So ultimately what needs to

0:41:44.480 --> 0:41:47.880
<v Speaker 5>happen is some kind of coordination amongst these very powerful

0:41:47.920 --> 0:41:51.360
<v Speaker 5>institutions and these very powerful elites to fight back.

0:41:51.880 --> 0:41:54.840
<v Speaker 1>Right, you want something like a group to pay for

0:41:54.960 --> 0:41:58.239
<v Speaker 1>legal fees or security or you know, there are a

0:41:58.239 --> 0:42:01.480
<v Speaker 1>couple of saying Republicans in the Senate if you wanted

0:42:01.520 --> 0:42:04.200
<v Speaker 1>them to stand up to trumpsm you would need to

0:42:04.200 --> 0:42:06.000
<v Speaker 1>give them the infrastructure to do it.

0:42:06.040 --> 0:42:06.600
<v Speaker 2>Is that, right?

0:42:06.920 --> 0:42:09.279
<v Speaker 5>Exactly part of what needs to happen. I mean, I

0:42:09.320 --> 0:42:14.560
<v Speaker 5>think sort of demonstrations and civil society out in the streets.

0:42:14.640 --> 0:42:19.200
<v Speaker 5>Kinds of repertoires are incredibly useful, right, But as they

0:42:19.280 --> 0:42:23.560
<v Speaker 5>stand right now, they're not necessarily long term, they're unsustainable

0:42:23.600 --> 0:42:27.160
<v Speaker 5>over time. To have the kind of repertoires that we need,

0:42:27.280 --> 0:42:32.160
<v Speaker 5>we need to provide resources to social movements, right, resources

0:42:32.200 --> 0:42:37.680
<v Speaker 5>to organize, resources to protect their people, resources to create,

0:42:37.719 --> 0:42:41.279
<v Speaker 5>to think creatively about different strategies, right, And so I

0:42:41.280 --> 0:42:44.279
<v Speaker 5>think that's that's one of the things that needs to happen, right, Like,

0:42:44.320 --> 0:42:46.839
<v Speaker 5>I think we need to figure out what is the

0:42:46.880 --> 0:42:52.279
<v Speaker 5>long term organizational strategy outside of the regular institutions. Now,

0:42:52.640 --> 0:42:57.799
<v Speaker 5>inside the institutions, I think you can leverage like politicians

0:42:57.840 --> 0:43:01.360
<v Speaker 5>have a huge megaphone because they are occupying these seats.

0:43:01.640 --> 0:43:04.719
<v Speaker 5>They have news outlets that interview them, and so they

0:43:04.719 --> 0:43:08.080
<v Speaker 5>can leverage that megaphone to kind of coordinate or somehow

0:43:08.200 --> 0:43:11.680
<v Speaker 5>organize these resources. I'm not sure if that's clear, but

0:43:11.760 --> 0:43:14.200
<v Speaker 5>I'm happy to talk to say it again if needs be.

0:43:14.640 --> 0:43:16.160
<v Speaker 2>Yeah, No, that's very clear.

0:43:16.480 --> 0:43:19.200
<v Speaker 1>I want you to explain to us they kind of

0:43:19.239 --> 0:43:23.799
<v Speaker 1>need institutional backing, they need some protection, right, Yes, and

0:43:23.840 --> 0:43:26.200
<v Speaker 1>we can go to protect your own, which is one

0:43:26.239 --> 0:43:27.359
<v Speaker 1>of your tenants here.

0:43:27.840 --> 0:43:33.000
<v Speaker 5>Yes, So I think you need better organized movements because

0:43:33.000 --> 0:43:37.280
<v Speaker 5>these kinds of movements help protect their own. Right Now, Again,

0:43:37.440 --> 0:43:41.799
<v Speaker 5>individual law firms or individual universities or students or the

0:43:41.800 --> 0:43:45.280
<v Speaker 5>federal workers that are suing the government are kind of alone,

0:43:45.280 --> 0:43:49.759
<v Speaker 5>and there's a lot of costs associated with fighting an autocrat.

0:43:49.840 --> 0:43:52.719
<v Speaker 5>So at the individual level, federal workers at the very

0:43:52.800 --> 0:43:56.760
<v Speaker 5>least are losing wages, They're having to pay legal fees,

0:43:57.160 --> 0:44:00.040
<v Speaker 5>they may be targeted by sort of supporters of the

0:44:00.080 --> 0:44:03.359
<v Speaker 5>present online right, they might need somebody to take care

0:44:03.400 --> 0:44:05.600
<v Speaker 5>of their kids, and then you have sort of as

0:44:05.600 --> 0:44:07.560
<v Speaker 5>you go up, you have bigger problems.

0:44:07.640 --> 0:44:07.799
<v Speaker 1>Right.

0:44:08.000 --> 0:44:12.080
<v Speaker 5>So again, universities, their funds are being cut off, law

0:44:12.120 --> 0:44:15.160
<v Speaker 5>firms their clients are being threatened. I think that if

0:44:15.200 --> 0:44:18.440
<v Speaker 5>you create a broader organization, an actual organization, not the

0:44:18.760 --> 0:44:23.480
<v Speaker 5>very good and very important spontaneous movement protests that we

0:44:23.520 --> 0:44:26.759
<v Speaker 5>have seen, but an actual movement, that movement should think

0:44:26.800 --> 0:44:27.680
<v Speaker 5>about how to.

0:44:27.719 --> 0:44:31.040
<v Speaker 2>Protect like the Tesla takeover. Right.

0:44:31.080 --> 0:44:33.439
<v Speaker 5>The Tesla take over I think is creative, I think

0:44:33.560 --> 0:44:35.759
<v Speaker 5>is good. I think it's important, but I don't know

0:44:35.800 --> 0:44:38.520
<v Speaker 5>how sustainable over time it is, especially if the government

0:44:38.560 --> 0:44:40.480
<v Speaker 5>decides to repress these people.

0:44:40.480 --> 0:44:42.759
<v Speaker 2>Right, which is what it looks like they're trying to

0:44:42.800 --> 0:44:43.880
<v Speaker 2>do exactly.

0:44:43.920 --> 0:44:46.440
<v Speaker 5>And so what needs to happen is a more structured

0:44:46.520 --> 0:44:51.520
<v Speaker 5>organization that can help protect people who are engaging in

0:44:51.800 --> 0:44:54.799
<v Speaker 5>this fight against the government, that can help protect or

0:44:54.840 --> 0:44:57.840
<v Speaker 5>help survive the institutions that engage the fighter against the government.

0:44:58.080 --> 0:45:00.640
<v Speaker 5>And I think that can only happen in in better

0:45:00.760 --> 0:45:04.920
<v Speaker 5>organized movements like Outport in Serbia, which is the example

0:45:04.960 --> 0:45:08.080
<v Speaker 5>I give in the article. Right, what they say about

0:45:08.120 --> 0:45:11.080
<v Speaker 5>is Outpor was a student movement, right, and they knew

0:45:11.160 --> 0:45:13.880
<v Speaker 5>very well that the government was going to repress their activists,

0:45:13.880 --> 0:45:17.880
<v Speaker 5>and so they created an in structure that protected the organization.

0:45:18.360 --> 0:45:23.960
<v Speaker 5>But they also devoted time and resources to have lawyers

0:45:23.960 --> 0:45:26.160
<v Speaker 5>at hand, to have people that would mobilize, to make

0:45:26.200 --> 0:45:30.320
<v Speaker 5>sure that nobody was disappeared, that everybody knew which jail

0:45:30.520 --> 0:45:33.480
<v Speaker 5>was these activists being taken to, you know, like, just

0:45:33.600 --> 0:45:36.600
<v Speaker 5>ready to react because this is gonna happen. This is

0:45:36.640 --> 0:45:39.120
<v Speaker 5>not a like in a democratic regime, you can assume

0:45:39.160 --> 0:45:42.080
<v Speaker 5>that somebody who's gonna go to jail, they're going to

0:45:42.160 --> 0:45:44.480
<v Speaker 5>follow the new process. But that is not what we're

0:45:44.520 --> 0:45:45.120
<v Speaker 5>seeing here.

0:45:45.560 --> 0:45:49.959
<v Speaker 1>No, certainly not tell me the last thing is get

0:45:50.000 --> 0:45:53.479
<v Speaker 1>out in the streets. Can you explain to us what

0:45:53.520 --> 0:45:54.279
<v Speaker 1>that looks like?

0:45:54.920 --> 0:45:59.719
<v Speaker 5>In regimes where elections are not fair, sometimes just participating

0:45:59.760 --> 0:46:02.640
<v Speaker 5>in a elections is not enough because the regime will

0:46:02.840 --> 0:46:06.359
<v Speaker 5>not be likely to accept the electoral outcome. We saw

0:46:06.360 --> 0:46:10.200
<v Speaker 5>that in Guatemala recently. And we have seen it in Venezuela,

0:46:10.360 --> 0:46:13.600
<v Speaker 5>we have seen it in Eastern Europe, we have seen

0:46:13.640 --> 0:46:16.760
<v Speaker 5>it across the world. So when elections are not free

0:46:16.920 --> 0:46:19.759
<v Speaker 5>or fair and it is unclear whether the government is

0:46:19.800 --> 0:46:23.080
<v Speaker 5>going to accept the result elections or participating in elections

0:46:23.160 --> 0:46:26.160
<v Speaker 5>is not enough. It's important, it's essential because it vocalizes

0:46:26.200 --> 0:46:29.800
<v Speaker 5>the attention, but is not enough. In order to actually

0:46:29.880 --> 0:46:34.040
<v Speaker 5>succeed in these elections, you have to have a mobilization strategy.

0:46:34.200 --> 0:46:37.080
<v Speaker 5>And again, this comes with organization. This comes with training,

0:46:37.320 --> 0:46:41.080
<v Speaker 5>This comes with networks, This comes with information that can

0:46:41.120 --> 0:46:44.640
<v Speaker 5>be provided so that you can mobilize people immediately after

0:46:44.680 --> 0:46:49.480
<v Speaker 5>the results if the incumbent refuses to acknowledge the elections

0:46:49.480 --> 0:46:51.960
<v Speaker 5>and decides to stay in power. Right, that's what happened

0:46:51.960 --> 0:46:55.520
<v Speaker 5>in Guatemala lately in twenty twenty three. The government refused

0:46:55.560 --> 0:46:58.040
<v Speaker 5>to accept the results, was trying to steal the ballot.

0:46:58.440 --> 0:47:01.920
<v Speaker 5>And if it wasn't for a very will organize indigenous

0:47:01.920 --> 0:47:06.480
<v Speaker 5>and peasant movement that had already strategies in place to protest,

0:47:06.560 --> 0:47:09.960
<v Speaker 5>non violent, to mobilize, to reach the places they needed

0:47:10.280 --> 0:47:12.759
<v Speaker 5>to reach, probably they would have gotten away with it.

0:47:12.960 --> 0:47:16.520
<v Speaker 1>Laura, this is haunting, but also incredibly important.

0:47:16.560 --> 0:47:18.120
<v Speaker 2>Thank you, thank you, thank you.

0:47:18.600 --> 0:47:20.680
<v Speaker 5>Thank you so much, Molly, thank you for having me.

0:47:22.840 --> 0:47:28.640
<v Speaker 3>No more fuck Jesse Cannon, Mali Jong past. Now let's

0:47:28.719 --> 0:47:32.040
<v Speaker 3>let's hearken back to an era before Trump parkin.

0:47:32.160 --> 0:47:34.080
<v Speaker 2>I feel like this is my influence on you. Yes,

0:47:34.200 --> 0:47:36.440
<v Speaker 2>heark Yes, yes, we get Harold.

0:47:36.760 --> 0:47:41.319
<v Speaker 3>Yes, So we're going back before the archbed dominated politics

0:47:41.360 --> 0:47:43.920
<v Speaker 3>had ruled over the land from his castle and we

0:47:43.920 --> 0:47:47.400
<v Speaker 3>were very mad as Democrats when Mitt Romney said that

0:47:47.520 --> 0:47:49.480
<v Speaker 3>corporations are people, my friend.

0:47:49.520 --> 0:47:51.160
<v Speaker 2>Yes, remember Mitt Romney.

0:47:51.360 --> 0:47:55.759
<v Speaker 3>But now Trump has pardoned a corporation, which makes me

0:47:55.840 --> 0:47:57.280
<v Speaker 3>think they may be people.

0:47:57.600 --> 0:48:01.879
<v Speaker 1>They're definitely people and good for mid Romney. Remember when

0:48:01.920 --> 0:48:10.480
<v Speaker 1>we thought Mitt Romney was the worst we could do. Oh, hilarious, hilarious. Yeah,

0:48:10.520 --> 0:48:12.920
<v Speaker 1>he is not the worst we could do. You know,

0:48:13.040 --> 0:48:14.680
<v Speaker 1>Mitt Romney was not the worst.

0:48:14.480 --> 0:48:16.719
<v Speaker 2>We could do. He actually was the best we could do.

0:48:17.719 --> 0:48:18.919
<v Speaker 2>So here we go.

0:48:19.600 --> 0:48:23.680
<v Speaker 1>Trump has pardoned I think it's worth remembering that they

0:48:23.719 --> 0:48:27.040
<v Speaker 1>have really like pardoned every criminal group. There have been,

0:48:27.080 --> 0:48:30.280
<v Speaker 1>you know, people where they've said they've pardoned the people

0:48:30.360 --> 0:48:33.319
<v Speaker 1>who the stuff where they were involved on the right

0:48:33.320 --> 0:48:37.759
<v Speaker 1>wing side against the son of Joe Biden, Biden. There's

0:48:37.800 --> 0:48:40.640
<v Speaker 1>just a lot of like, crimes aren't really crimes if

0:48:40.680 --> 0:48:45.799
<v Speaker 1>you're our friends. So this was this idea that corporations

0:48:45.920 --> 0:48:50.200
<v Speaker 1>that have created legal fictions designed to maximize shareholder wealth

0:48:50.320 --> 0:48:53.440
<v Speaker 1>that that's no longer a crime. None of us should

0:48:53.440 --> 0:48:56.440
<v Speaker 1>be surprised by this. This crew is not good.

0:48:57.080 --> 0:49:01.399
<v Speaker 2>Yeah, not good. Not good. That's it for.

0:49:01.360 --> 0:49:08.080
<v Speaker 1>This episode of Fast Politics. Tune in every Monday, Wednesday, Thursday,

0:49:08.239 --> 0:49:12.160
<v Speaker 1>and Saturday to hear the best minds and politics make

0:49:12.320 --> 0:49:16.319
<v Speaker 1>sense of all this chaos. If you enjoy this podcast,

0:49:16.680 --> 0:49:20.080
<v Speaker 1>please send it to a friend and keep the conversation going.

0:49:20.560 --> 0:49:21.680
<v Speaker 2>Thanks for listening.