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Speaker 1: This is a Jesse Kelly show.

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Speaker 2: It is the Jesse Kelly Show. Let's have some fun

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Speaker 2: on a Thursday, and what a jigantic Thursday it's gonna be.

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Speaker 2: We are officially three hours away from the debate that

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Speaker 2: will be seen around the world.

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Speaker 1: No, I don't think I'm gonna do a lot more

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Speaker 1: debate talk tonight. I did it last night, but there

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Speaker 1: will be some you can plan on that. We'll talk

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Speaker 1: more about how lamem our Supreme Court is the open border,

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Speaker 1: accepting the Communists premise on everything, and that's why we lose.

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Speaker 1: Apparently Hooters is shutting down. We have a bunch of emails,

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Speaker 1: all that and so much more coming up tonight on

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Speaker 1: the world famous Jesse Kelly Show. But I want to

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Speaker 1: begin here. I'm going to begin with something that may

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Speaker 1: very well offend just about everybody, and I understand that.

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Speaker 1: But don't shake your head, Chris. It'll be fine. We

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Speaker 1: won't get in trouble. It'll be fine. But it's time

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Speaker 1: to have a conversation about what is healthy, what is unhealthy,

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Speaker 1: what is beneficial, what is negative? For all of us.

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Speaker 1: This can really apply to all of us in all

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Speaker 1: of our walks of life. But I'm going to play

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Speaker 1: something for you. Tim Scott a senator from South Carolina.

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Speaker 1: As you know, rumor is he's on the very very

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Speaker 1: very very short list of Trump's vice presidential picks. Remember,

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Speaker 1: Trump has announced that he's already made a choice, and

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Speaker 1: he expects the person to be at the debate. So

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Speaker 1: lots of these guys will probably be at the debate.

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Speaker 1: I guess we'll find out if Tim Scott's there later on.

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Speaker 1: But Tim Scott out there in the media and well,

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Speaker 1: this is what he said. Chosen as the vice president,

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Speaker 1: you would be the first black Republican VP on the ticket.

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Speaker 3: How do you feel. I think it's exciting, no matter.

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Speaker 3: The outcome is the evolution of the Southern heart that

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Speaker 3: we see on display. And we Southerners get so little

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Speaker 3: credit for the progress we've made. The whole notion of

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Speaker 3: judging a person on the content of their character, not

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Speaker 3: the color of their skin, has happened. It's not going

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Speaker 3: to happen.

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Speaker 1: It's not around the corner.

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Speaker 3: It's in the rear view mirror. We are living Reverend

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Speaker 3: doctor Martin Luther King Junior's dream.

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Speaker 1: Okay, that's not a bad answer. I'm not you know,

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Speaker 1: I don't like Tim Scott. I think he's too weak

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Speaker 1: and soft and pathetic. But that's not a bad answer.

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Speaker 1: I'm not lambasing the answer here. But here's what I

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Speaker 1: am going to criticize right off the bat. He is

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Speaker 1: right that obviously we've moved past certain things when it

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Speaker 1: comes to skin color in this country, especially when it

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Speaker 1: comes to black people. Sadly, those things have flipped around

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Speaker 1: and now it's white people who are persona on Grada.

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Speaker 1: We'll get into that later on, but he's right, strides

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Speaker 1: have been made, huge strides have been made. And there's

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Speaker 1: no question that Black people, for the longest time, post slavery,

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Speaker 1: we don't even go into that. Post slavery, they were

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Speaker 1: the second class citizens. Can't have this job, can't work here,

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Speaker 1: can't do this, can't do that because you're black and

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Speaker 1: those days are gone. But at what point in time

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Speaker 1: does focusing on that turn into a negative for everyone involved?

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Speaker 1: And this is the reason I bring this up. I'm

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Speaker 1: gonna play something for you. This is a store owner

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Speaker 1: in Chicago. Store keeps getting vandalized. Listen to this one.

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Speaker 4: It was a guy on a bike who just rode

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Speaker 4: past and clutched the window the one before that, it

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Speaker 4: was a guy who rolled up and like threw a

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Speaker 4: rock through my window and it shattered the whole window.

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Speaker 4: So it's really an ongoing occurrence. I feel like it

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Speaker 4: needs to be heard and seen.

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Speaker 5: Whitney Combo started her small business five years ago alongside

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Speaker 5: her sister. They chose the Bridgeport neighborhood because it was

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Speaker 5: close to where they grew up, and she says it

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Speaker 5: feels like home, but lately she feels like she's being

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Speaker 5: pushed out because of her race as.

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Speaker 6: An African American woman.

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Speaker 4: The carts were already not all dealt to me and

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Speaker 4: the fact that I'm trying and I'm striving, and it's like,

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Speaker 4: for no reason at all, people on being set back.

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Speaker 6: We're not going to stand for that.

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Speaker 4: We deserve to be here. I bring peace to the

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Speaker 4: community and I want to be accepted and respected.

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Speaker 1: Okay, I'm certainly not pleased that a small business owner's

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Speaker 1: business is being vandalized, but as a black woman, we're

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Speaker 1: already held back. At what point in time does this

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Speaker 1: mentality hold everyone back? At what point in time does

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Speaker 1: this endless obsession with I'm oppressed, I'm put upon, I'm

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Speaker 1: oppressed I'm put upon, At what point does speaking about

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Speaker 1: this all the time negatively affect people? We're not talking

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Speaker 1: about speaking about it in Martin Luther King's day when

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Speaker 1: he's actually trying to overcome real societal injustices. We're not

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Speaker 1: talking about that. We're talking about today now that those

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Speaker 1: have been overcome. At what point in time is this

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Speaker 1: we're oppressed, We're oppressed, We're oppressed. Crap a negative on

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Speaker 1: so many people in the black community in this country.

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Speaker 1: How many are held back by the poison that is

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Speaker 1: put in their minds over and over and over and

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Speaker 1: over again by the people inside of the black community

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Speaker 1: in this country. How many all you see is race oppressed.

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Speaker 1: I'm living Martin Luther King's dream. How many every single

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Speaker 1: black movie has about the racism they experience. Let's talk

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Speaker 1: about civil rights. Oh, we got a new one about

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Speaker 1: slavery and civil rights. And slavery and civil rights and

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Speaker 1: black people are oppressed and slavery and civil rights. At

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Speaker 1: what point in time does it get unhealthy to obsess

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Speaker 1: over things like this? I say, we are way past

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Speaker 1: this point in time, and I'm done hearing about it

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Speaker 1: because it's harming the very people who it's supposed to

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Speaker 1: who the claim is that it's helping. This is holding

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Speaker 1: black people back in the country, and we have got

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Speaker 1: to have black leaders on every side. I don't care

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Speaker 1: what side of the aisle politically. Stop with this nonsense. Now,

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Speaker 1: I'm not naive. I understand that's how the al Sharptons

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Speaker 1: of the world make them money. That's the only thing

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Speaker 1: he's ever brought to the table is that we're oppressed.

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Speaker 1: We're a press. I get that, but in the very least,

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Speaker 1: let's stop participating in that on the right in any way.

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Speaker 1: And that includes Tim Scott, who did give a great

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Speaker 1: answer there. I was kind of using his answer to

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Speaker 1: juxtapose it with that business owner. This has become a

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Speaker 1: mental poison on a culture, and it's hurting the culture

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Speaker 1: in terrible ways, and it's ended up it's ended up

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Speaker 1: flipping things to being so hateful that now people will

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Speaker 1: elected officials, CEOs, they'll just openly talk like I think.

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Speaker 7: One of the things that we need to take a

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Speaker 7: look at is the world that they're fighting for, a

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Speaker 7: world without diversity, equity and inclusion policies, which is to

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Speaker 7: say the default, which is to say workplaces that are

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Speaker 7: honestly kind of like Congress because the population of the

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Speaker 7: United States, as you mentioned, about fifty nine percent white.

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Speaker 7: Do you know what percentage of Congress is white? I don't,

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Speaker 7: but I know that we finally have sixty members of

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Speaker 7: the Congressional Black Caucus, which is progress. But even then,

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Speaker 7: seventy five percent white Americans make up sixty percent, fifty

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Speaker 7: nine percent of the US population, seventy five percent of

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Speaker 7: congress men are fifty percent.

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Speaker 1: This endless poison. It is poisoning minds, in filling them

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Speaker 1: with hatred and bigotry. And it's time to stop. And

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Speaker 1: it's time for the GOP at every level to stop

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Speaker 1: participating in it. And I know this is gonna fall

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Speaker 1: on deaf ears because the GOP loves to do this.

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Speaker 1: Oh my god, the GOP loves this more than anything

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Speaker 1: in the world. We're not racist, I swear no, I

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Speaker 1: know you're not. You're not racist. You're embarrassing in your week.

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Speaker 1: This has become harmful, clearly harmful to the black community,

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Speaker 1: and Black people are now suffering because of this endless garbage.

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Speaker 1: And it's time it stops. It's time it stops. There

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Speaker 1: I decided to get that off my chest. Let's talk

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Speaker 1: about illegals pillaging the country. Let's talk about some emails. Hey,

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Speaker 1: doctor Jesse, Oh, I forgot to mention tomorrow's ask doctor

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Speaker 1: Jesse Friday. Get your emails in right now, Jesse at

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Speaker 1: jesse kellyshow dot com all three hours. Oh, answer your questions, Jesse.

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Speaker 1: I'm hoping Trump can work that Biden's disastrous policies are

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Speaker 1: a continuation of Obama's policies may help obstruct replacing Biden

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Speaker 1: with Michelle. What do you think? Well, okay, so for

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Speaker 1: tonight we got debate night tonight. What do we want?

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Speaker 1: Everyone has a theory, Everyone has a thing they want

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Speaker 1: to see out of Trump. I want Trump to do this,

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Speaker 1: not that. I want Trump to say this, not that.

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Speaker 1: And maybe your theories are correct, maybe my theories are correct.

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Speaker 1: We all think we're correct. But remember this is a fact.

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Speaker 1: Everyone watching that bait that debate has not decided who

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Speaker 1: they're voting for yet they haven't. You if you're listening

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Speaker 1: to the sound of my voice right now, you've decided.

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Speaker 1: Either you love Trump and you're voting for him, or

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Speaker 1: maybe you're kind of average on Trump but you're voting

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Speaker 1: for him, or maybe you hate his freaking guts and

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Speaker 1: you're not voting for him. But it doesn't matter. If

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Speaker 1: you're listening to me right now, you've made a decision.

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Speaker 1: Joe Biden and Donald Trump are going to speak to

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Speaker 1: people tonight and they're not going to speak to me,

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Speaker 1: and they're not going to speak to you. And so

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Speaker 1: let's discuss that briefly in a moment. Before we do that,

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Speaker 1: let's discuss something. Signing a pledge has got to be

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Speaker 1: about the easiest thing in the world. Right You're not

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Speaker 1: writing a check, you're not running a mile, you're not

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Speaker 1: really putting any effort at all. You're just signing a pledge.

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Speaker 1: This pledge that IFCJ is doing right now, it's a

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Speaker 1: pledge that says, hey, Israel is being pumbled, Israel is

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Speaker 1: being oh gosh, the things that are happening to the

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Speaker 1: women over there, it's awful. Israel is being pumbled, and

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Speaker 1: the Christian community worldwide is standing with them. That's all

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Speaker 1: the pledge says, Go sign it support. IFCJ dot org

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Speaker 1: is where you go to sign it, it's just signing

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Speaker 1: a pledge. The pledge end up being delivered to net

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Speaker 1: and Yahoo kind of a raw rah look we stand

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Speaker 1: with you, praying for you. That kind of a thing

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Speaker 1: support IFCJ dot Org. All right, let's talk a little

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Speaker 1: debate next Fighting for your freedom every.

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Speaker 8: Day the Jesse Kelly Show.

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Speaker 1: It is the Jesse Kelly Show, and I should have

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Speaker 1: noted at the beginning of the show, but I'm stupid

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Speaker 1: and irresponsible. Josh Hammer's coming up like ten minutes from

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Speaker 1: now to give us an update on how badly we

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Speaker 1: got jobbed by the Supreme Court today and it was

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Speaker 1: bad once again. Amy Cony, Barrett, Brett Kafanah, Gosh. Anyway,

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Speaker 1: we'll talk to Hammer about that to help you and

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Speaker 1: me understand what we're dealing with. Of course, it's Debate

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Speaker 1: night tonight, and people have questions, people have suggestions. CNN's

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Speaker 1: explaining how the muted microphone thing is gonna work.

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Speaker 9: If we go behind the podiums, you can see two

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Speaker 9: green lights. When they're on, they signal to the candidate

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Speaker 9: his microphone is on. When the green lights are off,

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Speaker 9: they signal to the candidate his microphone is off. Now,

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Speaker 9: I want to give you a sense of what it

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Speaker 9: will look like for viewers at home if a candidate

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Speaker 9: whose microphone is off interrupts a candidate whose microphone is on.

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Speaker 9: And so let's say I'm answering a question. My light

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Speaker 9: is green and I'm speaking. Phil's microphone is off and

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Speaker 9: his green lights are not illuminated. He's going to interrupt

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Speaker 9: me as a speaking and this is what it will

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Speaker 9: sound like. My volume remains constant, while Phil's interruption can

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Speaker 9: be difficult to understand.

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Speaker 1: I'm glad they demonstrated what a muted microphone sounds like.

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Speaker 1: I don't know if you know this breaking news. You

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Speaker 1: can't hear them anyway. So people have suggestions about tonight.

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Speaker 1: What should Trump do? What shouldn't he do? What should

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Speaker 1: buy and do? What shouldn't he do? Everyone has an

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Speaker 1: opinion and that's good. Well, that's why we have fun

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Speaker 1: talking politics, right, we debate politics. We do have to

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Speaker 1: keep in mind, though Trump is not talking to you tonight.

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Speaker 1: You either hate Trump or love Trump. Your decision. You're

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Speaker 1: someone who has sought out talk radio or the podcast

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Speaker 1: version over the next day. You are a decided voter.

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Speaker 1: You are hyper informed. Either you've got your MAGA hat

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Speaker 1: on and your voting Trump, or maybe you don't like

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Speaker 1: him but you're voting Trump, or maybe hate his freaking

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Speaker 1: gouts and you're never voting Trump again, but you're decided.

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Speaker 1: Tonight this debate will be gigantic, earth shattering. We don't

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Speaker 1: have to once again go into why we would give

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Speaker 1: an evil organization like CNN ratings like this, But anyway,

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Speaker 1: it's going to be huge, and there will be many, many, many,

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Speaker 1: many many people Independence they're always known as they're always

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Speaker 1: called independence. Undecided voters will be watching.

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Speaker 3: Now.

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Speaker 1: This is where we get into the question that I've debated,

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Speaker 1: tried to read about, tried to figure out pull numbers

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Speaker 1: here years there the question we all kind of want

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Speaker 1: to know. Really the question everyone running for office wants

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Speaker 1: to know. What do independence want? What do they want

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Speaker 1: whether they not want? What should Trump do tonight? When

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Speaker 1: it comes to Biden? Should Trump bring up his mental problems?

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Speaker 1: Should he bring it up in what way? Should he

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Speaker 1: be mean, make a joke? Should he act sympathetic? I

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Speaker 1: don't know that that would come off well. Trump doesn't

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Speaker 1: necessarily do so pathetic very well? What should he do?

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Speaker 1: I don't know? What are the independents want? I don't know.

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Speaker 1: Nobody knows, and the truth is no one will ever

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Speaker 1: know because the reason you're independent. Swaying back and forth

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Speaker 1: and swinging back and forth is because you're not anchoraged

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Speaker 1: to anything. Now people can go from being undecided voters

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Speaker 1: or independent voters to finally figuring out who they are

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Speaker 1: and what they want, and they can lock themselves into

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Speaker 1: a new party. That happens. Maybe that's you. There are

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Speaker 1: a bunch of people who listen to the show that way,

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Speaker 1: they'll email it, Ay Jess used to be a Democrat.

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Speaker 1: Voted for Obama and then I switch because of this

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Speaker 1: and that. Now that happens, of course, But the person

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Speaker 1: who's still out there floating in the wind. I voted

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Speaker 1: for Obama and then I voted for Trump the first time,

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Speaker 1: but Biden a second time, and now I don't know

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Speaker 1: who I'm voting for. That the candidates obsess over appealing

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Speaker 1: to that person, but that person doesn't generally know even

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Speaker 1: what they want, and they want different things. If they

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Speaker 1: had something solid, they wanted something solid, they knew, they

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Speaker 1: wouldn't be undecided, they wouldn't be independent. Now, all that aside,

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Speaker 1: what they're not going to do, or at least what

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Speaker 1: they shouldn't do, is speak to you or speak to me.

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Speaker 1: Trump shouldn't spend half a second considering me tonight, And

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Speaker 1: I know I want everyone to think about me at

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Speaker 1: all times. What Chris, but he in all siousys he shouldn't,

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Speaker 1: and he runs a risk. It's a risk. It's just

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Speaker 1: going to depend on how disciplined he is. Trump has

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Speaker 1: been disciplined at debates, and he's been awfully undisciplined at debates.

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Speaker 1: I don't know what we're going to get. No one

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Speaker 1: knows yet. We won't know for a couple hours. What

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Speaker 1: he can't do is talk about things that I'm passionate about,

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Speaker 1: things like January sixth. January sixth, political prisoners. This has

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Speaker 1: been an issue, as you know, I obsess over I've

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Speaker 1: been obsessed over it since January seventh. These poor people

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Speaker 1: have been abused and put upon. But if you find

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Speaker 1: Trump up there talking about that day, he's losing. If

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Speaker 1: he's talking about the twenty twenty election, Like I love

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Speaker 1: talking about the twenty twenty election, and you probably do too.

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Speaker 1: Maybe you think it was legit, maybe you think the

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Speaker 1: whole thing was stolen. Maybe you think it was slightly stolen.

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Speaker 1: I don't know. Hey, it depends on who you are.

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Speaker 1: But we love discussing it. I love discussing it. If

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Speaker 1: Trump is talking about the twenty twenty election at any point,

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Speaker 1: he's losing and the debate moderators are going to bring

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Speaker 1: this up. And so his only movie is either ignore

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Speaker 1: it or touch on it briefly and then get out

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Speaker 1: touch on it briefly and get out the public. That's

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Speaker 1: no matter what you want or what I want, the

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Speaker 1: general public doesn't want to hear about the past. People

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Speaker 1: are watching, they're suffering. Inflation and immigration are everything the

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Speaker 1: two eyes, as people are saying right now, they are everything.

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Speaker 1: And he should probably spend ninety minutes just talking about that.

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Speaker 1: If they asked Trump his favorite color, he should probably

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Speaker 1: find a way to work in illegal immigration or inflation. Now,

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Speaker 1: enough debate talk. Let's do a little illegal immigration talk,

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Speaker 1: because my word, it's somehow getting worse. Hang On, we're

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Speaker 1: gonna talk to Josh Hammer first and then we'll talk

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Speaker 1: illegal immigration. Hang On, Get the Cure for Rhinos. Eight

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Speaker 1: days with the Jesse Kelly Show. It is the Jesse

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Speaker 1: Kelly Show on a Thursday. Okay, what in the world

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Speaker 1: happened at the Supreme Court today? We all hate Amy

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Speaker 1: Cony Barrett and Brett Kavanaugh. Apparently, and I already hated

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Speaker 1: them anyway, so I didn't need any extra help from today.

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Speaker 1: But I need to make sense of what actually happened

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Speaker 1: and why it happened. And so we're bringing in our

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Speaker 1: friend Josh Hammer, host of America on trial. Josh, what

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Speaker 1: happened at the Supreme Court today? Was it good or bad?

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Speaker 8: Well, Jesse, we did get a good results in an

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Speaker 8: administrative state case. We had a good result affecting the

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Speaker 8: SEC and by extension, really the entire administrative state. There's

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Speaker 8: actually a Seventh Amendment case affirming the right to a

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Speaker 8: jury trial. What they basically said in the SEC versus

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Speaker 8: Jeracracy case is that the Seventh Amendment means what it says,

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Speaker 8: and that an administrative agencies so called judicial tribunal, cannot

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Speaker 8: actually enact civil penalties, cannot actually get damages from you

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Speaker 8: unless you have an Article three federal jury trials. So

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Speaker 8: that's a good ruling. That's a good ruling for the

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Speaker 8: separation of powers. Unfortunately, there was not a good ruling

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Speaker 8: in an abortion case out of Idaho. They kind of

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Speaker 8: punted on this case. Similar ish, I guess you would

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Speaker 8: say to the Murphy case, the free speech Big Tech

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Speaker 8: case yesterday. So in this case out of Idaho, it's

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Speaker 8: called Moyle, it's this Idaho abortion law, and they were

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Speaker 8: essentially trying to figure out the way in which Idaho's

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Speaker 8: pro life legislation would interact with this federal law that

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Speaker 8: under the Biden administration, the interpretation requires hospitals that receives

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Speaker 8: Medicare funding to perform so called quote unquote emergency medical abortions.

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Speaker 8: I kind of object the whole premise of that that

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Speaker 8: there is such things as a medical abortion, but there

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Speaker 8: is really you know, that's neither here nor there. But

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Speaker 8: the court didn't actually reach the they didn't reach the

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Speaker 8: merits of the legal question. They did what is known

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Speaker 8: in the legal jargon as a dig dig. They dismissed

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Speaker 8: it as improvidently granted, which is really silly because they

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Speaker 8: agreed to hear this case, and they heard full oral arguments,

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Speaker 8: and now you're just going to refuse to get to

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Speaker 8: the merits. So Alito has a very powerful dissent, similar

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Speaker 8: to what he did yesterday in the Murphy Big Tech case.

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Speaker 8: So overall, Jessee, I'm feeling a little frustrated at the moment.

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Speaker 1: I'll be honest with you, Okay, go ahead and in

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Speaker 1: vent that frustration again. We're talking to Josh Hammer, host

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Speaker 1: of America on Trial. Why are these things not going

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Speaker 1: our way? Josh? What is going wrong? These are Trump appointees,

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Speaker 1: and Kavanaugh was always a useless loser, but Amy cony Brett,

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Speaker 1: from my understanding, was very well thought of. At least

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Speaker 1: gor such has been pretty rock solid. What is going on?

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Speaker 1: Why are we losing our people? They just got there?

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Speaker 8: So Jesse, one of the lesser discussed dirty little secrets

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Speaker 8: of the current Supreme Court, And a lot of my

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Speaker 8: fellow conservatives hate when I say this, but I think

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Speaker 8: it has to be said nonetheless because we have to

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Speaker 8: be sober about what's happening. There are only two consistent

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Speaker 8: conservatives day in and day out on the US Supreme Court.

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Speaker 8: It's Clarence Thomas and Samuel Alita. John Roberts. We know

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Speaker 8: we lost him a very long time ago. I mean,

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Speaker 8: the Obamacare case is twenty twelve at the very latest.

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Speaker 8: He actually was a little more solid in his very

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Speaker 8: first few years, but he's been gone for a long time. Unfortunately,

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Speaker 8: all three of Donald Trump's nominees, while they are obviously

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Speaker 8: better than liberal justice obviously were on the correct side

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Speaker 8: of the Dobbs abortion case, the affirmative action case, the

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Speaker 8: Bruin case of twenty I mean, they've been on the

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Speaker 8: right side of some major cases. I don't want to

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Speaker 8: take anything away from them. And Neil Gorrisich's the best

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Speaker 8: of the three. He's certainly right far more often than

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Speaker 8: when he's wrong. He was heroic on COVID lockdowns, on

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Speaker 8: religious liberty, on people trying to attend church or synagogue

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Speaker 8: to pray during COVID. He was amazing. But he has

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Speaker 8: some really weird tendencies, and he goes wobbly on immigration

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Speaker 8: into process cases. He infamously had the boss Stock case

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Speaker 8: of twenty twenty involving sexual orientation and gender identity into

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Speaker 8: the Civil Rights Act. So he has some very weird,

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Speaker 8: idiosyncratic libertarian tendencies. You might say Brett Kavanaugh, as you

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Speaker 8: said Jesse, you and I both knew all along as

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Speaker 8: any reasonable observer, that he's always kind of stunk. I mean,

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Speaker 8: he was the Bush White House staff secretary. As my

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Speaker 8: buddy Daniel Horowitz said to me years ago, he's essentially

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Speaker 8: Karl Rove in a robe. I mean, he's a Bush

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Speaker 8: Republican to his core. That is what that is who

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Speaker 8: Brek Havanaugh is now. I thought that he might have

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Speaker 8: been radicalized by the Christine Flasi for stuff, by what

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Speaker 8: happened to him in twenty eighteen, and I was cautiously

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Speaker 8: optimistic for a little bit, But unfortunately it seems like

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Speaker 8: he has reverted to the mean. Amy Coney Barrett is

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Speaker 8: the hardest to figure out of the three. Now, what

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Speaker 8: I will say is when she was tasked at the

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Speaker 8: US Supreme Court, she had a very thin track record.

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Speaker 8: She had not been on the Seventh Circuit Court of

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Speaker 8: Appeals for very long. If I'm being brutally honest, When

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Speaker 8: she was a notre dame law professor, she never had

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Speaker 8: a particularly impressive slew of scholarship. I can't think of

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Speaker 8: anything that she contributed to the legal scholarship or that

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Speaker 8: stood out, to be honest with you, she was a

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Speaker 8: somewhat unimpressive academic. I think she became something of a

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Speaker 8: folk hero Jesse because of that exchange that she had

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Speaker 8: with the late Dianne Feinstein, where Dianne Feinstein famously said

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Speaker 8: the dogma lives loudly within you, and that rallied many

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Speaker 8: social conservatives to Amy Coney Barrett's cause, but the track record,

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Speaker 8: to be fully candid was not really there. I am

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Speaker 8: cautiously optimistic that she might right the ship, but she's

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Speaker 8: been very, very timid thus far.

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Speaker 1: Speaking again with Josh Hammer, host of America on Trial, Josh,

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Speaker 1: can you help me understand why we can't get where's

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Speaker 1: our Sodom my Oar? Where's our Kagan? Why where's our

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Speaker 1: Ruth Bader Ginsburg? And I realize we have Thomas and Alido,

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Speaker 1: God bless both those men, But why do we swing

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Speaker 1: and miss so much on the right and you just

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Speaker 1: don't see that from the left When they want to

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Speaker 1: dirtball Cami on the Supreme Court, that's what they pick

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Speaker 1: and that's what they get. Why is that not what

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Speaker 1: we get every time?

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Speaker 8: So there are a lot of there are many explanations

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Speaker 8: to this, I mean, this one's most important questions, and

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Speaker 8: it is really tragic that after all these years, conservatives

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Speaker 8: still can't get it right. So one of the problems

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Speaker 8: is that our people when it comes to judicial nominations,

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Speaker 8: are people at the highest level, they're actually just not

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Speaker 8: doing their homew So, for example, Neil Gorsich, he gave

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Speaker 8: us that Boss Scott case that I had just alluded to,

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Speaker 8: this case that read sexual orientation and gender identity into

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Speaker 8: the Civil Rights Act. He gave us that opinion in

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Speaker 8: twenty twenty, but if they had only done their homework,

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Speaker 8: they would have seen that he actually ruled the exact

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Speaker 8: same way in a lower court opinion back in two

428
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Speaker 8: thousand and nine, a case called Castle. So sometimes literally

429
00:25:20,760 --> 00:25:24,600
Speaker 8: as simple as just doing the reading, sometimes it comes

430
00:25:24,760 --> 00:25:27,919
Speaker 8: to just not looking at the judges' personal personal lives

431
00:25:28,000 --> 00:25:30,200
Speaker 8: more generally, so you know, not to pick on Neil

432
00:25:30,200 --> 00:25:32,280
Speaker 8: Gorstich too much, but you know, it turns out that

433
00:25:32,320 --> 00:25:35,320
Speaker 8: he and his wife attends a theologically liberal church, a

434
00:25:35,400 --> 00:25:37,439
Speaker 8: church that has been known to fly the rainbow flag

435
00:25:37,600 --> 00:25:40,680
Speaker 8: everything often. So that should have been a raging five

436
00:25:40,760 --> 00:25:43,320
Speaker 8: alarm fire for anyone who is paying attention to it

437
00:25:43,720 --> 00:25:46,800
Speaker 8: as well. But part of it also, Jesse, and this

438
00:25:46,880 --> 00:25:49,120
Speaker 8: is kind of where I touched the third rail when

439
00:25:49,119 --> 00:25:51,879
Speaker 8: it comes to my fellow conservative lawyers. Part of it

440
00:25:51,960 --> 00:25:56,040
Speaker 8: actually is our methodology. So I not to jork out

441
00:25:56,040 --> 00:25:59,040
Speaker 8: too much on your excellent radio show, but I did

442
00:25:59,160 --> 00:26:02,320
Speaker 8: write a piece of scholarship three years ago for the

443
00:26:02,320 --> 00:26:05,879
Speaker 8: Harvard Journal of Law and public policy called common good originalism,

444
00:26:05,960 --> 00:26:09,600
Speaker 8: which is my own kind of unique twist on originalism,

445
00:26:09,640 --> 00:26:13,240
Speaker 8: which is the predominant theory of constitutional interpretation on the right,

446
00:26:13,840 --> 00:26:16,760
Speaker 8: and my basic theory is that old school Anthon Scalia

447
00:26:16,840 --> 00:26:21,160
Speaker 8: style originalism has actually in many ways outlived its usefulness

448
00:26:21,200 --> 00:26:24,400
Speaker 8: and it was probably actually not correct in the first

449
00:26:24,440 --> 00:26:28,480
Speaker 8: place to begin with, because this ultimately is unsustainable. Jesse.

450
00:26:28,560 --> 00:26:30,440
Speaker 8: You have the Left with the soda Mayoras and the

451
00:26:30,520 --> 00:26:33,400
Speaker 8: Jackson's coming at us as the comed dirt balls that

452
00:26:33,520 --> 00:26:36,080
Speaker 8: they are, as you just said, and we have people

453
00:26:36,160 --> 00:26:38,560
Speaker 8: who are putting one hand tied behind their back and

454
00:26:39,080 --> 00:26:42,480
Speaker 8: trying to avoid reaching the decision and in standing or

455
00:26:42,520 --> 00:26:45,640
Speaker 8: this dismissal from providently granted, it's not a fair fight.

456
00:26:45,720 --> 00:26:48,840
Speaker 8: You're showing up to a bazooka fight with with a

457
00:26:48,960 --> 00:26:51,560
Speaker 8: with a with a with a butter knife essentially, and

458
00:26:51,920 --> 00:26:54,120
Speaker 8: it's just ridiculous. And I, for one of them, am

459
00:26:54,200 --> 00:26:54,720
Speaker 8: so sickly.

460
00:26:56,119 --> 00:26:58,880
Speaker 1: Yeah, I'm quite sick of it as well. I think

461
00:26:58,880 --> 00:27:01,880
Speaker 1: I should probably start contributing to that Harvard thing you

462
00:27:01,960 --> 00:27:04,880
Speaker 1: just said too. That sounds right up my alley, doesn't it, Josh.

463
00:27:04,960 --> 00:27:06,560
Speaker 1: Don't you think I should do some writing for them?

464
00:27:06,600 --> 00:27:09,359
Speaker 1: As well on legal habeas corpus stuff.

465
00:27:10,600 --> 00:27:12,640
Speaker 8: Jesse, I would be honored to co write something with

466
00:27:12,680 --> 00:27:14,560
Speaker 8: you for the Harvard Journal Long Comedy.

467
00:27:15,040 --> 00:27:19,840
Speaker 1: Absolutely so that's me and Josh Hammer, both couple Harvard guys. Anyway,

468
00:27:20,080 --> 00:27:22,760
Speaker 1: he's the host of America on Trial. Thank you so much,

469
00:27:22,840 --> 00:27:28,359
Speaker 1: Josh Pleasure. I could write for Harvard. I mean it

470
00:27:28,359 --> 00:27:31,080
Speaker 1: would need some editing, of course, maybe a little spell check,

471
00:27:31,160 --> 00:27:35,200
Speaker 1: but I could write. I could write talk about illegal immigration.

472
00:27:35,280 --> 00:27:37,280
Speaker 1: It's kind of it's ugly. There's a couple of new

473
00:27:37,320 --> 00:27:39,119
Speaker 1: things out there. I just want to talk about them.

474
00:27:39,119 --> 00:27:40,879
Speaker 1: Then we'll move on, get some emails done and some

475
00:27:40,920 --> 00:27:46,520
Speaker 1: other fun stuff. All right, Hang on, Jesse Kelly, it

476
00:27:46,600 --> 00:27:51,040
Speaker 1: is the Jesse Kelly Show on a Thursday. Do not

477
00:27:51,160 --> 00:27:54,760
Speaker 1: forget that tomorrow is and ask doctor Jesse Friday. And

478
00:27:54,840 --> 00:27:57,399
Speaker 1: you need to get your questions emailed in right now

479
00:27:57,760 --> 00:28:01,320
Speaker 1: to Jesse at Jesse Kelly show dot com. We are

480
00:28:01,320 --> 00:28:04,320
Speaker 1: gonna have so much fun tomorrow all three hours we'll

481
00:28:04,320 --> 00:28:07,359
Speaker 1: be answering your questions. Now, let's just get this email

482
00:28:07,440 --> 00:28:11,440
Speaker 1: done real quick before we do the illegals. Dear umpah lufa,

483
00:28:11,560 --> 00:28:14,120
Speaker 1: do you think the Supreme Court rules against us out

484
00:28:14,160 --> 00:28:17,159
Speaker 1: of fear the Democrats will blow up the court. The

485
00:28:17,240 --> 00:28:19,920
Speaker 1: left attacks them constantly, even though the court rules in

486
00:28:19,960 --> 00:28:22,920
Speaker 1: their favor fifty percent of the time. They won't stop

487
00:28:23,240 --> 00:28:28,080
Speaker 1: until they have total control. Well, who's to say? Why

488
00:28:28,320 --> 00:28:33,120
Speaker 1: are people are constantly losing their minds? Are they physically afraid?

489
00:28:33,200 --> 00:28:35,439
Speaker 1: Maybe they tried to kill Brett Kavanaugh. They tried to

490
00:28:35,480 --> 00:28:40,760
Speaker 1: kill him. Are they just wanting more social acceptance in

491
00:28:40,800 --> 00:28:45,320
Speaker 1: the DC area, maybe certainly that. Are they concerned about

492
00:28:45,480 --> 00:28:50,040
Speaker 1: ongoing Democrat rhetoric against the court, maybe legislation being patent?

493
00:28:50,280 --> 00:28:50,520
Speaker 4: Maybe?

494
00:28:50,680 --> 00:28:54,440
Speaker 1: Who knows why? But this is why I'm so much

495
00:28:54,480 --> 00:28:58,120
Speaker 1: harder on Republicans, on people on the right than I

496
00:28:58,200 --> 00:29:01,760
Speaker 1: am on the left. Know who my enemy is. I

497
00:29:01,800 --> 00:29:04,040
Speaker 1: know the left is my enemy. I know they want

498
00:29:04,040 --> 00:29:06,960
Speaker 1: to burn my country down. I get it, your my enemy.

499
00:29:07,000 --> 00:29:09,280
Speaker 1: Battle lines have been drawn. One of us will win.

500
00:29:10,120 --> 00:29:14,520
Speaker 1: My frustration is the cowards and dorks and losers on

501
00:29:14,560 --> 00:29:19,480
Speaker 1: our side who are constantly kneecapping us, kneecapping the things

502
00:29:19,560 --> 00:29:21,600
Speaker 1: you want, the things I want. I can't stand it.

503
00:29:21,640 --> 00:29:26,960
Speaker 1: I don't understand this mentality, this lack of fight. I

504
00:29:27,040 --> 00:29:29,760
Speaker 1: just can't even I can't relate to it. I don't

505
00:29:29,760 --> 00:29:32,560
Speaker 1: get it at all. All right, we have illegal immigration

506
00:29:32,680 --> 00:29:36,080
Speaker 1: talk because there's a lot of really ugly stuff happening

507
00:29:36,280 --> 00:29:39,760
Speaker 1: out there. Here's another one. This is all new stuff

508
00:29:39,800 --> 00:29:41,280
Speaker 1: from today. In last night, my.

509
00:29:41,240 --> 00:29:44,920
Speaker 10: Twenty one year old undocumented migrant is behind bars for

510
00:29:45,080 --> 00:29:48,720
Speaker 10: allegedly raping a fifteen year old girl in Albany. The

511
00:29:48,800 --> 00:29:52,120
Speaker 10: case made public not by the Albany Police Department, but

512
00:29:52,200 --> 00:29:55,400
Speaker 10: by a report from the Times Union. CBS six has

513
00:29:55,400 --> 00:29:58,440
Speaker 10: gotten a hold of court documents for secure a con

514
00:29:58,840 --> 00:30:02,360
Speaker 10: a resident charge with the rape last week. Documents say

515
00:30:02,560 --> 00:30:05,600
Speaker 10: on May fourteenth, the victim was in the passenger seat

516
00:30:05,640 --> 00:30:08,040
Speaker 10: of a cons car when he forced her into the

517
00:30:08,080 --> 00:30:09,840
Speaker 10: back and threatened her with violence.

518
00:30:11,320 --> 00:30:15,120
Speaker 1: Apparently, this fifteen year old belonged to a group home.

519
00:30:15,640 --> 00:30:19,320
Speaker 1: Fifteen year old girl group home already, so things are

520
00:30:19,360 --> 00:30:25,240
Speaker 1: rough and this animal gets out of his car, threatens

521
00:30:25,280 --> 00:30:28,080
Speaker 1: her with the metal pipe, forces her into the car,

522
00:30:28,240 --> 00:30:33,960
Speaker 1: and just destroys her. I this is what I mean

523
00:30:34,000 --> 00:30:38,360
Speaker 1: about understanding who the enemy is. And this is why

524
00:30:38,360 --> 00:30:42,600
Speaker 1: I get frustrated with Republicans for not fighting back. These leftists,

525
00:30:42,640 --> 00:30:46,800
Speaker 1: these democrats, these people, they are doing this on purpose.

526
00:30:47,960 --> 00:30:52,680
Speaker 1: They bring these people into our country on purpose. They

527
00:30:52,760 --> 00:30:58,600
Speaker 1: are abusing our women, our little girls on purpose. This

528
00:30:58,640 --> 00:30:59,880
Speaker 1: is Maxwell Frost talking.

529
00:31:00,160 --> 00:31:03,520
Speaker 6: Aren't the crime preventable? If parole were not happening of

530
00:31:03,560 --> 00:31:06,880
Speaker 6: people who are going to end up killing people in

531
00:31:06,920 --> 00:31:07,480
Speaker 6: this country?

532
00:31:07,760 --> 00:31:11,160
Speaker 11: Because a very small percentage of immigrants did something bad,

533
00:31:11,200 --> 00:31:14,680
Speaker 11: we shouldn't allow the pro program for all people. Question is,

534
00:31:14,720 --> 00:31:18,200
Speaker 11: because one or two people did something horrible, we should

535
00:31:18,280 --> 00:31:20,480
Speaker 11: rip away the benefit from everybody else, and we don't

536
00:31:20,560 --> 00:31:21,880
Speaker 11: use that logic for anything else.

537
00:31:21,760 --> 00:31:22,320
Speaker 6: In this country.

538
00:31:23,360 --> 00:31:26,400
Speaker 1: How can you listen to that? If you're a Republican

539
00:31:26,440 --> 00:31:29,960
Speaker 1: whoever you are, Brett Kavanaugh Congress President, I don't care.

540
00:31:30,440 --> 00:31:33,680
Speaker 1: How can you listen to this stuff and not dig

541
00:31:33,760 --> 00:31:36,560
Speaker 1: in and decide, oh, what's on? We're fine?

542
00:31:36,560 --> 00:31:38,800
Speaker 11: If you look at the statistics, the crime rate among

543
00:31:39,840 --> 00:31:42,600
Speaker 11: immigrants is far lower than the crime rate among native

544
00:31:42,640 --> 00:31:43,360
Speaker 11: born Americans.

545
00:31:43,560 --> 00:31:46,400
Speaker 6: So the whole issue is wrong. Aren't the crimes preventable?

546
00:31:46,400 --> 00:31:46,560
Speaker 3: Though?

547
00:31:46,560 --> 00:31:48,160
Speaker 6: If these people don't have a right to be here

548
00:31:48,160 --> 00:31:51,400
Speaker 6: in the first place. I've said what I'm going to say.

549
00:31:52,160 --> 00:31:54,920
Speaker 1: Well, I've said what I was going to say. Fifteen

550
00:31:55,000 --> 00:32:00,440
Speaker 1: year old girl, life destroyed. There's another Democrat. That's two Differentmocrats.

551
00:32:00,480 --> 00:32:02,360
Speaker 1: This is summer leave tek you quickly.

552
00:32:02,040 --> 00:32:04,160
Speaker 6: About the twelve year old girl in Houston that was

553
00:32:04,360 --> 00:32:05,320
Speaker 6: on torture.

554
00:32:04,960 --> 00:32:05,440
Speaker 3: The strangers.

555
00:32:05,440 --> 00:32:06,560
Speaker 10: I don't even know who you are, and I don't

556
00:32:06,600 --> 00:32:07,080
Speaker 10: know who she is.

557
00:32:07,120 --> 00:32:07,520
Speaker 8: I let in.

558
00:32:07,520 --> 00:32:11,440
Speaker 6: Pittsburgh, Okay, but there was a child who was killed.

559
00:32:11,440 --> 00:32:12,960
Speaker 6: It they han't know anything about it. You don't know

560
00:32:12,960 --> 00:32:15,240
Speaker 6: about the child that was killed by illegal immigrants.

561
00:32:17,440 --> 00:32:22,320
Speaker 1: These people are doing this to us on purpose, on purpose,

562
00:32:23,240 --> 00:32:25,800
Speaker 1: And I don't understand how you can look at that,

563
00:32:26,360 --> 00:32:29,600
Speaker 1: how you can hear these horrible stories, how you can

564
00:32:29,640 --> 00:32:32,320
Speaker 1: look at the suffering that's going on right now and

565
00:32:32,440 --> 00:32:36,920
Speaker 1: feel anything but a deep righteous anger and make a

566
00:32:36,960 --> 00:32:39,959
Speaker 1: decision right then and there to fight back. But the

567
00:32:40,000 --> 00:32:43,360
Speaker 1: GOP doesn't. They don't they want to come together with

568
00:32:43,440 --> 00:32:47,280
Speaker 1: these people. Wow, it's too divided. Well, I mean, but

569
00:32:48,360 --> 00:32:51,000
Speaker 1: what if the media gets mad at us? Well, I

570
00:32:51,120 --> 00:32:54,640
Speaker 1: don't understand this way of thinking. I can't relate to it,

571
00:32:54,720 --> 00:32:58,520
Speaker 1: and it sickends me. They really do all need some shock,

572
00:32:58,600 --> 00:33:01,680
Speaker 1: every one of them, every one of them. The women too,

573
00:33:01,960 --> 00:33:06,160
Speaker 1: because they got female vitality stacks at chalk, male vitality stacks.

574
00:33:06,160 --> 00:33:09,280
Speaker 1: For the dude. We have a testosterone crisis in America.

575
00:33:09,520 --> 00:33:12,080
Speaker 1: That crisis is ten times as bad in the GOP.

576
00:33:12,680 --> 00:33:15,040
Speaker 1: And this is why I have hope for the future generations.

577
00:33:15,040 --> 00:33:18,160
Speaker 1: It really genuinely is because I think they're looking at

578
00:33:18,200 --> 00:33:21,640
Speaker 1: the pathetic weakness we have now and they will be better.

579
00:33:22,080 --> 00:33:24,000
Speaker 1: Do you want to be better in your personal life,

580
00:33:24,200 --> 00:33:26,840
Speaker 1: in your business life, in every part of your life?

581
00:33:27,280 --> 00:33:30,560
Speaker 1: You want more energy when two in the afternoon hits,

582
00:33:30,600 --> 00:33:32,600
Speaker 1: do you want to be bouncing off the walls still

583
00:33:32,640 --> 00:33:36,520
Speaker 1: instead of dragging your butt around? Go get some natural

584
00:33:36,600 --> 00:33:39,920
Speaker 1: herbal supplements from chalk Just go see what they have.

585
00:33:40,000 --> 00:33:42,560
Speaker 1: At least go browse, Go see what they have. I

586
00:33:42,720 --> 00:33:45,480
Speaker 1: tell you about chalk lit powder, which I love for

587
00:33:45,640 --> 00:33:49,760
Speaker 1: singing in the morning, male vitality stacks and female vitality sacks,

588
00:33:50,040 --> 00:33:53,320
Speaker 1: chad mode, the pre workout. But they have all kinds

589
00:33:53,320 --> 00:33:55,400
Speaker 1: of stuff. That's just the stuff that I have in

590
00:33:55,440 --> 00:33:58,080
Speaker 1: my house that I use. There are so many things

591
00:33:58,120 --> 00:34:02,360
Speaker 1: for whatever you're looking for. How's your mood, how's your energy?

592
00:34:02,360 --> 00:34:07,680
Speaker 1: How's your everything? Chalk dot com promo code Jesse or

593
00:34:07,720 --> 00:34:12,000
Speaker 1: you can call or text them five zero chalk three

594
00:34:12,080 --> 00:34:17,560
Speaker 1: thousand again that's cchoq all right, all right? Honestly, the

595
00:34:17,600 --> 00:34:20,760
Speaker 1: people in Congress who have the most guts. It's the women.

596
00:34:20,960 --> 00:34:22,319
Speaker 1: This is Anna Paulina Luna.

597
00:34:22,400 --> 00:34:25,120
Speaker 12: As you know, on February twenty seventh, the Oversight Committee

598
00:34:25,120 --> 00:34:28,000
Speaker 12: as well as House Judiciary had sent a subpoena to

599
00:34:28,120 --> 00:34:31,520
Speaker 12: Attorney General Garland, of which we received no response, and

600
00:34:31,600 --> 00:34:34,680
Speaker 12: after referring him for criminal contempt within forty eight hours

601
00:34:34,760 --> 00:34:38,040
Speaker 12: or less, the Department of Justice refuse to prosecute. It's

602
00:34:38,080 --> 00:34:42,400
Speaker 12: important to note that when an individual is called before

603
00:34:42,480 --> 00:34:46,440
Speaker 12: courts across the country, they appear. Why should the Attorney General,

604
00:34:46,480 --> 00:34:49,640
Speaker 12: who's supposed to be head of all law enforcement of

605
00:34:49,880 --> 00:34:54,720
Speaker 12: authorities any different gardens. Garland still has time to comply

606
00:34:54,960 --> 00:34:58,279
Speaker 12: with this request. We are asking that he bring the

607
00:34:58,800 --> 00:35:00,880
Speaker 12: tapes to the House and let us listen to them.

608
00:35:01,080 --> 00:35:03,359
Speaker 12: But in the event that he does not, we will

609
00:35:03,400 --> 00:35:07,080
Speaker 12: press forward with calling the privileged motion on inherit contempt

610
00:35:07,120 --> 00:35:10,560
Speaker 12: to the floor on Friday morning. It is also important

611
00:35:10,560 --> 00:35:13,600
Speaker 12: to note that if we as a Congress do not

612
00:35:13,880 --> 00:35:17,640
Speaker 12: have the ability to enforce our investigative ability, that we

613
00:35:17,680 --> 00:35:20,520
Speaker 12: are essentially going to be ignored and undercut and essentially

614
00:35:20,520 --> 00:35:23,640
Speaker 12: handicapped by all other branches, which would make us not

615
00:35:23,760 --> 00:35:27,080
Speaker 12: a co equal branch of government. Congress again does have

616
00:35:27,080 --> 00:35:29,200
Speaker 12: the authority to do this, that the Attorney General is

617
00:35:29,200 --> 00:35:32,560
Speaker 12: not above the law, and ultimately we will be pressing

618
00:35:32,600 --> 00:35:36,960
Speaker 12: forward with this. This is something that again would enable

619
00:35:37,040 --> 00:35:40,200
Speaker 12: the Speaker of the House to order the Sergeant Arms

620
00:35:40,239 --> 00:35:42,920
Speaker 12: to take into custody the Attorney General if he fails

621
00:35:43,000 --> 00:35:44,480
Speaker 12: to comply with our request.

622
00:35:46,360 --> 00:35:49,840
Speaker 1: This is from one of our youngest members of Congress.

623
00:35:50,719 --> 00:35:53,920
Speaker 1: Why is it Anna Pauline A Luna and just a

624
00:35:54,000 --> 00:35:58,400
Speaker 1: few Republicans behind her? How is this not the universal

625
00:35:58,520 --> 00:36:03,440
Speaker 1: GOP position? You can't ignore our subpoena. That's not allowed.

626
00:36:03,640 --> 00:36:06,120
Speaker 1: We will have the Sergeant of Arms. Sergeant of Arms

627
00:36:06,520 --> 00:36:10,080
Speaker 1: place handcuffs on you and take you to jail. How's

628
00:36:10,120 --> 00:36:13,560
Speaker 1: this not universal? This is my frustration. Anyway, Let's through

629
00:36:13,640 --> 00:36:17,239
Speaker 1: some emails because someone has a good question about CNN

630
00:36:17,640 --> 00:36:20,640
Speaker 1: and artificial intelligence and so much more. Hang on.