1 00:00:00,560 --> 00:00:03,240 Speaker 1: Why from our nation's came this budget thing is going 2 00:00:03,320 --> 00:00:05,760 Speaker 1: to do nothing space forts. I still think it's interesting 3 00:00:05,760 --> 00:00:09,119 Speaker 1: President Trump not playing his cards yet. Headlines Policy and 4 00:00:09,280 --> 00:00:15,200 Speaker 1: politics colliding Floomberg Sound On, the insiders, the influencers, the insides. 5 00:00:15,320 --> 00:00:17,560 Speaker 1: I would rather see a congressional solution. It's part of 6 00:00:17,560 --> 00:00:20,720 Speaker 1: my DNA. The Senate map in looks a lot different 7 00:00:20,720 --> 00:00:23,520 Speaker 1: than it looked in. You really have a divide within 8 00:00:23,760 --> 00:00:26,319 Speaker 1: Team Trump the present has to do exactly what people 9 00:00:26,320 --> 00:00:28,080 Speaker 1: send him here to do, which is to get it done. 10 00:00:28,440 --> 00:00:33,000 Speaker 1: This is Bloomberg Sound On with Kevin Shirley on Bloomberg 11 00:00:34,240 --> 00:00:36,320 Speaker 1: and one oh five point seven f m h D 12 00:00:36,440 --> 00:00:43,360 Speaker 1: two Back. Lawmakers return from congressional recess, and we've got 13 00:00:43,400 --> 00:00:46,560 Speaker 1: the latest on their to do list. They've got a 14 00:00:46,600 --> 00:00:48,760 Speaker 1: lot to do U s m C A gun control 15 00:00:48,800 --> 00:00:51,839 Speaker 1: will they won't they do anything on gun control? And 16 00:00:51,880 --> 00:00:55,400 Speaker 1: pass oh yeah, some spending bills to keep the government 17 00:00:55,480 --> 00:00:59,280 Speaker 1: opened to political insiders to get us through there to 18 00:00:59,360 --> 00:01:00,960 Speaker 1: do list? Plus what else? What else do they have 19 00:01:01,000 --> 00:01:04,839 Speaker 1: their eye on? In terms of Congress. With lawmakers back 20 00:01:04,880 --> 00:01:08,200 Speaker 1: from recess, Lewis Miranda, former d n C communications director, 21 00:01:08,480 --> 00:01:11,560 Speaker 1: is back. Brian Darling's here former Senior Coms director to 22 00:01:11,640 --> 00:01:17,880 Speaker 1: Senator Ram Paul. He's the founder of Liberty Government Affairs. Meanwhile, 23 00:01:17,920 --> 00:01:20,160 Speaker 1: the President did you see this over the weekend? Tweeting 24 00:01:20,520 --> 00:01:24,000 Speaker 1: tweeting about the Taliban meeting that he called off. Will 25 00:01:24,040 --> 00:01:28,240 Speaker 1: break down the latest on that and recession already gripping 26 00:01:28,360 --> 00:01:31,320 Speaker 1: parts of the country. What does it mean for the 27 00:01:32,400 --> 00:01:38,920 Speaker 1: election happening kicking into full gear, Democrats descending upon New 28 00:01:38,959 --> 00:01:42,520 Speaker 1: Hampshire over the weekend. And I'm gonna check in with 29 00:01:42,840 --> 00:01:45,720 Speaker 1: David Feeder, he's the co author of a new book 30 00:01:45,720 --> 00:01:50,320 Speaker 1: out with Justice Neil Gorcich al GORCTS fitting in on 31 00:01:50,360 --> 00:01:53,680 Speaker 1: the bench. We'll get the inside scoop from Scotus jam 32 00:01:53,720 --> 00:01:57,480 Speaker 1: Pack Show. Happy Monday. We're back at it. Lawmakers returned 33 00:01:57,520 --> 00:02:02,520 Speaker 1: from congressional recess today and they've got a busy, busy 34 00:02:02,560 --> 00:02:06,200 Speaker 1: to do list to get done and just the sprint 35 00:02:06,560 --> 00:02:09,920 Speaker 1: between now and the end of the autumn session. Here 36 00:02:09,960 --> 00:02:12,440 Speaker 1: with me to walk through all of this. Louis Miranda, 37 00:02:12,520 --> 00:02:16,240 Speaker 1: former d n C Communications director, and Brian Darlinks, former 38 00:02:16,280 --> 00:02:19,560 Speaker 1: Senior Comms director to Kentucky Senator Ram Paul. He's also 39 00:02:19,600 --> 00:02:23,200 Speaker 1: the founder of Liberty Government Affairs. Thank you gentlemen both 40 00:02:23,240 --> 00:02:25,839 Speaker 1: for being here. Thank you. All right, So I want 41 00:02:25,840 --> 00:02:28,040 Speaker 1: to start with the three big things on my on 42 00:02:28,120 --> 00:02:30,560 Speaker 1: my radar for the Congressional to do list or U 43 00:02:30,639 --> 00:02:33,960 Speaker 1: s m c A, gun control, and the spending bills. 44 00:02:33,960 --> 00:02:35,800 Speaker 1: So let's start with U s m c A. I 45 00:02:35,880 --> 00:02:39,560 Speaker 1: was speaking with some senior staffers too, how Speaker Nancy 46 00:02:39,560 --> 00:02:42,679 Speaker 1: Pelosi and and they're all saying and and Leader Pelosi 47 00:02:42,720 --> 00:02:44,920 Speaker 1: has said this is Speaker Pelosi has said this as well. 48 00:02:45,320 --> 00:02:47,920 Speaker 1: They want to get to a yes on U s 49 00:02:48,040 --> 00:02:52,560 Speaker 1: m c A, but right now it hasn't been given 50 00:02:52,600 --> 00:02:57,480 Speaker 1: any floor times, so it's still unknown. Louis Miranda predict 51 00:02:57,600 --> 00:03:00,760 Speaker 1: here on Bloomberg sound On, will U s m c 52 00:03:00,919 --> 00:03:05,240 Speaker 1: A be ratified? I think so, but not until next year. UM, 53 00:03:05,919 --> 00:03:08,080 Speaker 1: next year, next year. I think that the calendar right 54 00:03:08,080 --> 00:03:10,639 Speaker 1: now is way too tight. You have basically four months 55 00:03:10,760 --> 00:03:15,639 Speaker 1: until so many things left to either do or avoid, um, 56 00:03:15,639 --> 00:03:19,000 Speaker 1: depending on which chamber of the House you're in of Congress. 57 00:03:19,120 --> 00:03:22,280 Speaker 1: And UH, it's it's just unlikely that as as things 58 00:03:22,320 --> 00:03:25,320 Speaker 1: heat up with the presidential primary at the beginning of that, 59 00:03:25,400 --> 00:03:28,640 Speaker 1: they'll be able to do this uh in the fall. Uh. 60 00:03:28,680 --> 00:03:30,760 Speaker 1: And and we'll probably wait until things are a little 61 00:03:30,800 --> 00:03:32,760 Speaker 1: bit clearer and sorted out in the prime. But see 62 00:03:32,760 --> 00:03:37,200 Speaker 1: TikTok TikTok, Brian Darling. The closer we get into next year, 63 00:03:37,240 --> 00:03:41,680 Speaker 1: I mean, like the calendar evaporates, right, there'll be less 64 00:03:41,840 --> 00:03:44,040 Speaker 1: likelyhood to passes next year. I think. I think the 65 00:03:44,160 --> 00:03:47,360 Speaker 1: problem is that Nancy Pelosi knows that if this is 66 00:03:47,480 --> 00:03:49,640 Speaker 1: rolled out in the House floor it will pass, so 67 00:03:49,680 --> 00:03:52,120 Speaker 1: she will not schedule floor time. But she wants to 68 00:03:52,160 --> 00:03:53,560 Speaker 1: get it done. I mean, there's a there's a lot 69 00:03:53,640 --> 00:03:58,200 Speaker 1: of suburban like Democrats who would like to see this ratified. 70 00:03:58,200 --> 00:03:59,920 Speaker 1: I mean I was even talking to to a progres 71 00:04:00,160 --> 00:04:04,040 Speaker 1: A Democrat, Jimmy Gomez. He's Congressman Jimmy Gomez, a Democrat 72 00:04:04,120 --> 00:04:06,920 Speaker 1: from from l A. He wants to see this this 73 00:04:07,080 --> 00:04:10,320 Speaker 1: get done. And so the problem is that the members 74 00:04:11,080 --> 00:04:13,280 Speaker 1: want to get it done, but they know I think 75 00:04:13,280 --> 00:04:15,720 Speaker 1: the leadership understands that the last thing they want to 76 00:04:15,720 --> 00:04:18,560 Speaker 1: do is give President Trump something he can spike the 77 00:04:18,560 --> 00:04:21,800 Speaker 1: football with and say he accomplished. This is all about politics. 78 00:04:21,880 --> 00:04:23,920 Speaker 1: They won't allow it to get a vote. I hear you, 79 00:04:24,040 --> 00:04:26,080 Speaker 1: I hear you on that. But Lewis, I mean there 80 00:04:26,160 --> 00:04:30,560 Speaker 1: must be some type of also some general thinking that says, hey, 81 00:04:30,600 --> 00:04:32,480 Speaker 1: wait a minute. I mean President Trump is going to 82 00:04:32,520 --> 00:04:35,680 Speaker 1: spike the football on NAFTA, whether or not USMC has ratified. 83 00:04:35,720 --> 00:04:37,240 Speaker 1: He's gonna say, I try to get a better deal. 84 00:04:37,279 --> 00:04:39,920 Speaker 1: Democrats installed and didn't want to do it, and if 85 00:04:39,920 --> 00:04:42,279 Speaker 1: they do do it, it's a bipartisan victory. I see 86 00:04:42,320 --> 00:04:45,440 Speaker 1: that thinking. But for Democrats, I mean they're gonna the 87 00:04:45,480 --> 00:04:48,080 Speaker 1: progressive Democrats are going to say that us m c 88 00:04:48,240 --> 00:04:51,400 Speaker 1: A doesn't go far enough, and Elizabeth Warren and Bernie 89 00:04:51,400 --> 00:04:53,159 Speaker 1: Saties are going to be saying that no matter what, 90 00:04:53,400 --> 00:04:55,800 Speaker 1: so why not just get this deal done. I think 91 00:04:55,800 --> 00:04:59,640 Speaker 1: it's it's more a negotiating chip than not wanting to 92 00:04:59,640 --> 00:05:01,440 Speaker 1: get it. And I think it'll just be timing it 93 00:05:01,600 --> 00:05:04,160 Speaker 1: so that you can hopefully also get some progress on 94 00:05:04,200 --> 00:05:07,120 Speaker 1: other things where that whether it's universal background checks or 95 00:05:07,600 --> 00:05:09,200 Speaker 1: um or some of the other things that that the 96 00:05:09,200 --> 00:05:11,400 Speaker 1: House wants to do. But I do think that she 97 00:05:11,400 --> 00:05:12,719 Speaker 1: wants to get it done, and I think she will 98 00:05:12,720 --> 00:05:15,120 Speaker 1: get it done. If there's someone who is able to 99 00:05:15,240 --> 00:05:19,920 Speaker 1: move legislative pieces forward in a way like no one else, 100 00:05:19,920 --> 00:05:22,560 Speaker 1: it's Nancy Pelosi. It's just a matter of the timing. 101 00:05:22,600 --> 00:05:25,440 Speaker 1: Being right from her perspective. So are you mentioned you 102 00:05:25,480 --> 00:05:27,279 Speaker 1: mentioned background checks. I want to play for you a 103 00:05:27,279 --> 00:05:30,800 Speaker 1: little bit of what Speaker Nancy Pelosi said today earlier 104 00:05:30,920 --> 00:05:33,880 Speaker 1: on Capitol Hill. They had a massive press conference on 105 00:05:33,920 --> 00:05:36,719 Speaker 1: the Hill today, a senatement ality. Leader Chuck Schumer, the 106 00:05:36,720 --> 00:05:39,880 Speaker 1: Democrat from New York, was also there. Take a listen 107 00:05:40,120 --> 00:05:43,279 Speaker 1: to item number two on my watch list for from 108 00:05:43,320 --> 00:05:46,960 Speaker 1: now that they're back on gun control. Here Speaker Nancy Pelosi, 109 00:05:47,000 --> 00:05:49,600 Speaker 1: take a listen to what she said. If this bill 110 00:05:49,760 --> 00:05:53,440 Speaker 1: is not passed, Mitch McConnell and the Republicans in the 111 00:05:53,480 --> 00:05:58,120 Speaker 1: Senate and the President will have hell to pay, hell 112 00:05:58,200 --> 00:06:02,000 Speaker 1: to pay, Brian Darling if there's not if there's not bipartisan, 113 00:06:02,560 --> 00:06:06,960 Speaker 1: bipartisan reforms that are addressed, do you think Leader McConnell 114 00:06:07,000 --> 00:06:09,880 Speaker 1: has has an appetite to get something through. Well, he's 115 00:06:09,880 --> 00:06:12,240 Speaker 1: already saying he's going to spend the next month just 116 00:06:12,279 --> 00:06:15,720 Speaker 1: doing appropriation. So I don't think without the President saying 117 00:06:15,760 --> 00:06:18,120 Speaker 1: I am for X, Y, and Z. If the President 118 00:06:18,160 --> 00:06:21,000 Speaker 1: does not say exactly what he's for and stand behind it, 119 00:06:21,360 --> 00:06:23,840 Speaker 1: why would he waste floor time on the issue. Now 120 00:06:23,839 --> 00:06:26,880 Speaker 1: the House has passed two gun control bills. The Senate 121 00:06:27,000 --> 00:06:30,200 Speaker 1: is unlikely to take him up. But the one curveball 122 00:06:30,360 --> 00:06:32,200 Speaker 1: that comes up in this is the fact that you 123 00:06:32,240 --> 00:06:35,040 Speaker 1: have all these different senators running for president. They're gonna 124 00:06:35,040 --> 00:06:37,640 Speaker 1: want to vote, They're gonna want votes on their own ideas, 125 00:06:38,000 --> 00:06:39,720 Speaker 1: and so you couldn't even roll this bill out in 126 00:06:39,720 --> 00:06:42,360 Speaker 1: the Senate floor. Let me push but sorry, but let 127 00:06:42,360 --> 00:06:44,360 Speaker 1: me push on on you just a little bit right 128 00:06:44,400 --> 00:06:48,240 Speaker 1: because you mentioned about the politics regarding us m c A. 129 00:06:48,320 --> 00:06:50,640 Speaker 1: You go into the suburbs. I mean, this is a 130 00:06:50,640 --> 00:06:54,440 Speaker 1: losing issue for Republicans, is it not? With guns? I 131 00:06:54,440 --> 00:06:56,560 Speaker 1: don't think so. It depends on what state it is. 132 00:06:56,920 --> 00:06:59,480 Speaker 1: In the suburbs, yeah, maybe a little bit, But think 133 00:06:59,480 --> 00:07:01,279 Speaker 1: about the rural states. There are a lot of rural 134 00:07:01,320 --> 00:07:03,760 Speaker 1: states that will not want to see a lot of 135 00:07:03,760 --> 00:07:06,040 Speaker 1: what the Democrats are pushing. And you hear a lot 136 00:07:06,080 --> 00:07:10,160 Speaker 1: to talk about assault weapons bands and limits on magazine sizes, 137 00:07:10,400 --> 00:07:12,520 Speaker 1: yet the House has not passed the bill that touches 138 00:07:12,560 --> 00:07:14,560 Speaker 1: on those issues. Brian, I'm gonna take a little bit 139 00:07:14,560 --> 00:07:16,360 Speaker 1: of what you said earlier, which is that you know 140 00:07:16,640 --> 00:07:19,520 Speaker 1: McConnell would uh doesn't put this on the floor because 141 00:07:19,520 --> 00:07:22,320 Speaker 1: he knows it would pass and I think you're You're right, Kevin, 142 00:07:22,400 --> 00:07:24,280 Speaker 1: that there is enough support out there, and the stubburbs 143 00:07:24,320 --> 00:07:26,600 Speaker 1: are what matters in a presidential election and in a 144 00:07:26,640 --> 00:07:29,400 Speaker 1: lot of these races that are going to matter, uh 145 00:07:29,440 --> 00:07:33,360 Speaker 1: to maintain control of the Senate for Republicans. Uh. And 146 00:07:33,560 --> 00:07:35,440 Speaker 1: so you know, if you focus just on on the 147 00:07:35,520 --> 00:07:39,160 Speaker 1: rural states, if you focus just on the strongest Republican supporters, 148 00:07:39,160 --> 00:07:40,520 Speaker 1: that's not going to keep you in control. So I 149 00:07:40,520 --> 00:07:43,040 Speaker 1: think that's that's definitely an issue. Yeah. But one of 150 00:07:43,080 --> 00:07:45,560 Speaker 1: the problems is that the Democrats, if you were to 151 00:07:45,640 --> 00:07:49,280 Speaker 1: roll out just universal background checks, the Democrats would say 152 00:07:49,320 --> 00:07:51,560 Speaker 1: that's not enough. You need to do much more. You know, 153 00:07:51,640 --> 00:07:55,840 Speaker 1: red flag laws and and assault weapons bands and many 154 00:07:55,880 --> 00:07:59,240 Speaker 1: of the gun guy buy back programs. Those are all 155 00:07:59,320 --> 00:08:02,280 Speaker 1: issues that Crafts are gonna say, no matter what passes, 156 00:08:02,440 --> 00:08:04,440 Speaker 1: we need more. You didn't do enough. Well, there's something, 157 00:08:04,480 --> 00:08:06,240 Speaker 1: I mean, I think they're just when I talked to 158 00:08:06,280 --> 00:08:09,640 Speaker 1: Republicans and Democrats after this summer, there is an appetite 159 00:08:09,640 --> 00:08:12,680 Speaker 1: for some I mean red flag laws President Trump has 160 00:08:12,720 --> 00:08:15,960 Speaker 1: said consistently is something that he would maybe be willing 161 00:08:16,040 --> 00:08:18,760 Speaker 1: to consider. I mean, it would appear that that there 162 00:08:18,880 --> 00:08:21,600 Speaker 1: is there is some consensus we've talked on this program 163 00:08:21,600 --> 00:08:25,760 Speaker 1: about information sharing with big tech companies, working with the FEDS, 164 00:08:25,800 --> 00:08:29,480 Speaker 1: working with local law enforcement enforcement officials to apply the 165 00:08:29,560 --> 00:08:33,000 Speaker 1: same type of strategies that are applied for overseas terrorists 166 00:08:33,040 --> 00:08:35,880 Speaker 1: with domestic terrorists here in the United States, and the 167 00:08:35,880 --> 00:08:39,679 Speaker 1: public private sector partnerships. All right, that's number two. Gun control. 168 00:08:39,920 --> 00:08:43,200 Speaker 1: And then they got to keep the government open. Oh yeah, 169 00:08:43,440 --> 00:08:45,960 Speaker 1: don't forget about keeping the government open. The House has 170 00:08:45,960 --> 00:08:49,240 Speaker 1: already passed I believe it's twelve spending bills. They've got 171 00:08:49,280 --> 00:08:51,640 Speaker 1: them through. The Senate now has to do that. McConnell 172 00:08:51,679 --> 00:08:55,520 Speaker 1: leader McConnell Bryce told us he's committed to doing that. 173 00:08:55,920 --> 00:08:58,400 Speaker 1: Are we going to have another government shutdown? Right? Well, 174 00:08:58,440 --> 00:09:00,720 Speaker 1: if we were, it won't happen at the end of 175 00:09:00,720 --> 00:09:03,120 Speaker 1: this month. They're going to do a continuing resolution that 176 00:09:03,200 --> 00:09:06,720 Speaker 1: kicks it to before Thanksgiving or maybe after Thanksgiving. But 177 00:09:07,160 --> 00:09:10,400 Speaker 1: the one thing that there is bipartisanship on is spending money, 178 00:09:10,720 --> 00:09:12,320 Speaker 1: So I think they will come to a deal. It's 179 00:09:12,559 --> 00:09:14,800 Speaker 1: always find a way to spend money in Washington. But 180 00:09:14,920 --> 00:09:16,559 Speaker 1: this is an important one because a few weeks ago 181 00:09:16,600 --> 00:09:18,680 Speaker 1: there was the agreement on the sequestration, and a lot 182 00:09:18,720 --> 00:09:20,480 Speaker 1: of people thought that this was something that was now 183 00:09:20,520 --> 00:09:23,760 Speaker 1: punted entirely up until after the presidential election, and it 184 00:09:23,840 --> 00:09:27,120 Speaker 1: wasn't a number what happened. There's a number of important 185 00:09:27,120 --> 00:09:31,240 Speaker 1: agencies that simply were not funded, the State Department, Department Defense. Um, 186 00:09:31,280 --> 00:09:34,680 Speaker 1: there's a lot there that is still up for debate, uh, 187 00:09:34,720 --> 00:09:37,880 Speaker 1: and that's going to be contentious. The Defense Authorization Act, 188 00:09:37,920 --> 00:09:41,280 Speaker 1: for example, is one that is very difficult right now 189 00:09:41,360 --> 00:09:44,120 Speaker 1: because Trump has drained three point six billion dollars away 190 00:09:44,160 --> 00:09:47,200 Speaker 1: from military projects to fund the border wall that Mexico 191 00:09:47,240 --> 00:09:49,280 Speaker 1: supposedly was going to pay for. So that's just one 192 00:09:49,320 --> 00:09:53,000 Speaker 1: example of one that diagnosed much more contentious. And that 193 00:09:53,160 --> 00:09:56,040 Speaker 1: may not be just a continuing resolution until I think 194 00:09:56,040 --> 00:09:58,520 Speaker 1: it's twenty one days. We Uh, it may come to 195 00:09:58,559 --> 00:10:02,239 Speaker 1: the to the last second before they extended to Thanksgiving. 196 00:10:02,280 --> 00:10:06,480 Speaker 1: So you're not just so Thanksgiving if that mean we'll 197 00:10:06,520 --> 00:10:08,400 Speaker 1: see what happens. I think. So we're gonna be here 198 00:10:08,440 --> 00:10:10,320 Speaker 1: for Turkey Day about I can just see it now, 199 00:10:10,480 --> 00:10:14,160 Speaker 1: the TikTok clock and whether or not and you know what, Hey, 200 00:10:14,200 --> 00:10:16,520 Speaker 1: we're grateful that we have stuff to talk about and 201 00:10:16,559 --> 00:10:18,080 Speaker 1: that we can do this, but you know, keep the 202 00:10:18,120 --> 00:10:20,719 Speaker 1: government open as long as it's funding for the Turkey part. 203 00:10:22,480 --> 00:10:25,760 Speaker 1: We'll have sound on catering. Anything else on your radar 204 00:10:25,920 --> 00:10:28,240 Speaker 1: for the for now that lawmakers are back that you 205 00:10:28,240 --> 00:10:30,800 Speaker 1: think they'll try to jam through. I mean, there are 206 00:10:30,840 --> 00:10:32,680 Speaker 1: so many issues they need to deal with, but no, 207 00:10:32,880 --> 00:10:35,760 Speaker 1: I think it is all about funding the government. I 208 00:10:35,800 --> 00:10:39,200 Speaker 1: think Republicans will avoid a big debate and guns. I 209 00:10:39,240 --> 00:10:42,280 Speaker 1: think Democrats will avoid the debate in the trade agreement 210 00:10:42,320 --> 00:10:45,120 Speaker 1: because they just don't want to have it out there right. 211 00:10:45,160 --> 00:10:47,480 Speaker 1: They don't want to be debating these issues. Impeachment is 212 00:10:47,480 --> 00:10:49,600 Speaker 1: definitely going to be another issue that's going to come up. 213 00:10:49,640 --> 00:10:52,160 Speaker 1: I think the judiciary and the House is ready to 214 00:10:52,200 --> 00:10:56,240 Speaker 1: move forward, uh, and especially on investigations that look at 215 00:10:56,360 --> 00:10:59,120 Speaker 1: not just the Russia prope but several other ways that 216 00:10:59,280 --> 00:11:01,640 Speaker 1: Donald Trump is an reaching himself in office and how 217 00:11:01,679 --> 00:11:04,720 Speaker 1: that could potentially be a violation of the Monument's clause. 218 00:11:04,760 --> 00:11:06,600 Speaker 1: So I think that you're going to see a much 219 00:11:06,640 --> 00:11:10,800 Speaker 1: more serious effort at impeachment because a lot of Democrats 220 00:11:10,800 --> 00:11:13,560 Speaker 1: in the House don't just feel that it almost doesn't 221 00:11:13,559 --> 00:11:15,840 Speaker 1: matter whether it's gonna be politically. It's terrible that they're 222 00:11:15,880 --> 00:11:18,240 Speaker 1: not doing what they need to do as as the 223 00:11:18,360 --> 00:11:21,640 Speaker 1: constitutional duty. Lots to talk about panel stays Lewis Miranda 224 00:11:21,679 --> 00:11:24,520 Speaker 1: and Brian Darling. Just as a disclaimer, Michael Bloomberg, owner 225 00:11:24,520 --> 00:11:27,400 Speaker 1: of Bloomberg LP, the parent company of Bloomberg News, founded 226 00:11:27,440 --> 00:11:30,680 Speaker 1: and helps fund every Town for Gun Safety, a nonprofit 227 00:11:30,720 --> 00:11:34,440 Speaker 1: that advocates for universal background checks and other gun provide 228 00:11:34,520 --> 00:11:38,760 Speaker 1: a gun violence prevention measures. I'm Kevin Cirelli, Chief Washington 229 00:11:38,760 --> 00:11:41,840 Speaker 1: correspondent for Bloomberg Television Bloomberg Radio. Coming up, We're gonna 230 00:11:41,880 --> 00:11:45,840 Speaker 1: talk about Supreme Court as well as the recession fears 231 00:11:45,840 --> 00:11:49,400 Speaker 1: that are already gripping parts of the country. Download the 232 00:11:49,400 --> 00:11:52,760 Speaker 1: Bloomberg Sound On podcast on Apple iTunes, at Bloomberg dot com, 233 00:11:52,880 --> 00:11:55,360 Speaker 1: or by downloading the Bloomberg Business App. You can also 234 00:11:55,400 --> 00:11:58,320 Speaker 1: find us on Radio dot com, I Heart Radio, and Spotify. 235 00:11:58,400 --> 00:12:05,319 Speaker 1: You're listening to Bloomberg ninety I'm one. You're listening to 236 00:12:05,440 --> 00:12:10,079 Speaker 1: Bloomberg Sound On with Kevin Surley on Bloomberg and one 237 00:12:10,080 --> 00:12:14,840 Speaker 1: oh five points h two. We're doing very well against 238 00:12:14,880 --> 00:12:17,280 Speaker 1: China and we could very well have a new high 239 00:12:17,280 --> 00:12:21,160 Speaker 1: in our stock market. We have gained trillions of dollars 240 00:12:21,160 --> 00:12:25,680 Speaker 1: of worth and China has lost many, many trillions of dollars, 241 00:12:25,679 --> 00:12:30,679 Speaker 1: including three million jobs, including companies that are leaving China. Yes, 242 00:12:30,800 --> 00:12:34,880 Speaker 1: they want to negotiate very badly. That was President Trump 243 00:12:35,120 --> 00:12:39,000 Speaker 1: speaking earlier about the US China trade policies. I'm Kevin 244 00:12:39,040 --> 00:12:43,120 Speaker 1: C Really Cheap Washington correspondent for Bloomberg Television and Bloomberg Radio. 245 00:12:43,280 --> 00:12:46,800 Speaker 1: We're here with two political all stars, Louis Miranda, former 246 00:12:46,920 --> 00:12:50,560 Speaker 1: d n C Communications director, and Brian Darling, former senior 247 00:12:50,640 --> 00:12:53,760 Speaker 1: communications director to Kentucky Senator Round Paul. He's the founder 248 00:12:54,040 --> 00:12:57,760 Speaker 1: of Liberty Government Affairs. Gentlemen, thank you for being here. 249 00:12:58,000 --> 00:13:01,959 Speaker 1: There was some China economic members that were released over 250 00:13:02,320 --> 00:13:06,200 Speaker 1: the weekend that suggested that well, no, they're not as bad. 251 00:13:06,280 --> 00:13:08,920 Speaker 1: Things aren't as bad, but there's a decline in the 252 00:13:09,000 --> 00:13:12,080 Speaker 1: imports coming into the United States from China as a 253 00:13:12,160 --> 00:13:16,719 Speaker 1: result of these tariffs. Potentially, these numbers weren't as bad 254 00:13:16,760 --> 00:13:19,360 Speaker 1: as they could have been, but they were still somewhat 255 00:13:19,360 --> 00:13:23,559 Speaker 1: showing a decline. Then I'm reading this story on Bloomberg 256 00:13:23,600 --> 00:13:25,760 Speaker 1: Business Week, A great story, you have to read it 257 00:13:25,800 --> 00:13:30,280 Speaker 1: by Sean Donnon, and the headline reads, recession already grips 258 00:13:30,400 --> 00:13:35,880 Speaker 1: corners of the United States menacing Trump's t bid. The 259 00:13:35,920 --> 00:13:41,360 Speaker 1: President's trade wars are creating a scenario similar to six Team. 260 00:13:41,920 --> 00:13:47,120 Speaker 1: You look at manufacturing numbers, Manufacturing activity, seasonally adjusted has 261 00:13:47,160 --> 00:13:50,280 Speaker 1: been in decline the second quarter of two thousand and nineteen. 262 00:13:50,800 --> 00:13:53,440 Speaker 1: Then I take a look at at the map. If 263 00:13:53,480 --> 00:13:56,400 Speaker 1: you look at Pennsylvania, a state that President Trump carried 264 00:13:56,679 --> 00:13:59,840 Speaker 1: in the election, the first time of Republican did so, 265 00:14:00,080 --> 00:14:05,320 Speaker 1: since Pennsylvania has led in losses. It's down eight three 266 00:14:05,720 --> 00:14:10,880 Speaker 1: d jobs. With regards to this, in Wisconsin, another state 267 00:14:10,920 --> 00:14:15,160 Speaker 1: the President Trump won, has lost more than four thousand jobs. 268 00:14:15,200 --> 00:14:19,160 Speaker 1: These are manufacturing jobs, but in the manufacturing sector alone 269 00:14:20,120 --> 00:14:24,640 Speaker 1: that traditionally some swing voters, you know, I mean it's 270 00:14:24,680 --> 00:14:29,080 Speaker 1: it's Brian Darling as a Republican. Uh. What does this 271 00:14:29,200 --> 00:14:33,840 Speaker 1: mean for President Trump's reelection? Well, I mean, these are 272 00:14:33,880 --> 00:14:36,720 Speaker 1: tough numbers, but they are balanced out by the meta 273 00:14:36,800 --> 00:14:39,360 Speaker 1: numbers when you look at the economy at large. When 274 00:14:39,400 --> 00:14:42,400 Speaker 1: you look at the numbers, over a million jobs created 275 00:14:42,440 --> 00:14:45,040 Speaker 1: this year, over four million jobs created since he was 276 00:14:45,520 --> 00:14:50,200 Speaker 1: sworn in, very low unemployment numbers historically low and historically 277 00:14:50,200 --> 00:14:53,200 Speaker 1: low for African Americans, Asian Americans women. I mean the 278 00:14:53,280 --> 00:14:56,880 Speaker 1: numbers the big numbers on the economy are good, and 279 00:14:56,960 --> 00:14:59,080 Speaker 1: although there has been a lot of volatility in the 280 00:14:59,080 --> 00:15:03,000 Speaker 1: stock market, stock market's still doing pretty well. So you know, 281 00:15:03,040 --> 00:15:06,520 Speaker 1: obviously the economy is going to be very important. If 282 00:15:06,600 --> 00:15:10,080 Speaker 1: sectors of the economy, including farmers, are hurt by these tariffs, 283 00:15:10,600 --> 00:15:12,560 Speaker 1: then that's going to be a problem. But I guess 284 00:15:12,600 --> 00:15:14,680 Speaker 1: the big long term goal is the hope that we 285 00:15:14,720 --> 00:15:16,880 Speaker 1: win the trade war and these tariffs go away. I 286 00:15:16,920 --> 00:15:18,440 Speaker 1: think the problem is that you do have farmers that 287 00:15:18,480 --> 00:15:20,960 Speaker 1: are quite hurt by this UH, and that you have 288 00:15:21,640 --> 00:15:23,560 Speaker 1: consumers that are gonna be hurt by the tariffs and 289 00:15:23,640 --> 00:15:26,400 Speaker 1: the prices that they're paying more on any number of goods. UH. 290 00:15:26,400 --> 00:15:29,640 Speaker 1: And then on top of that, when you consider that 291 00:15:29,680 --> 00:15:34,200 Speaker 1: the indicators on factory jobs and states like Pennsylvania, Wisconsin 292 00:15:34,280 --> 00:15:35,640 Speaker 1: are gonna be asking are we better off than we 293 00:15:35,640 --> 00:15:38,000 Speaker 1: were four years ago? It does spell trouble for the president, 294 00:15:38,280 --> 00:15:41,520 Speaker 1: and it does signify a problem going forward. Even if 295 00:15:41,520 --> 00:15:45,200 Speaker 1: the economy is still on on some kind of solid footing, 296 00:15:45,720 --> 00:15:48,400 Speaker 1: the signs of recession are there, and that's troubling for 297 00:15:48,520 --> 00:15:50,400 Speaker 1: the people in the states that are critical for him 298 00:15:50,440 --> 00:15:54,240 Speaker 1: to get reelected. So just to I think The point 299 00:15:54,240 --> 00:15:56,600 Speaker 1: that I'm hearing from both of you is that the 300 00:15:56,640 --> 00:15:59,480 Speaker 1: issue of the economy right now, whether or not there's 301 00:15:59,480 --> 00:16:04,120 Speaker 1: gonna be down or a recession, has largely been politicized. 302 00:16:04,480 --> 00:16:07,440 Speaker 1: And so the more the Democrats can politicize it, and 303 00:16:07,440 --> 00:16:10,840 Speaker 1: and the more that Republicans can politicize it, doesn't really 304 00:16:10,880 --> 00:16:13,560 Speaker 1: matter if you're one of those eighty three hundred folks 305 00:16:13,560 --> 00:16:17,000 Speaker 1: and manufacturing who lost a job in Pennsylvania. It matters 306 00:16:17,000 --> 00:16:19,640 Speaker 1: if that one of those hundred people are a Democrat 307 00:16:19,760 --> 00:16:22,600 Speaker 1: or a a Republican, because if the Democrats are blaming Trump 308 00:16:22,680 --> 00:16:27,240 Speaker 1: and the Republicans are blaming Pelosi. You know, there's an 309 00:16:27,240 --> 00:16:29,480 Speaker 1: interesting partisan dynamic to this, which is that right after 310 00:16:29,520 --> 00:16:33,640 Speaker 1: the election in st the percentages of people who saw 311 00:16:33,680 --> 00:16:35,360 Speaker 1: the economy in a positive track and those of not 312 00:16:35,400 --> 00:16:38,280 Speaker 1: a negative flipped based on who you supported and how 313 00:16:38,280 --> 00:16:40,760 Speaker 1: you saw the results of the election, even though the 314 00:16:40,760 --> 00:16:43,280 Speaker 1: economy itself was moving exactly in the same dame. And 315 00:16:43,360 --> 00:16:46,880 Speaker 1: that's that's, truthfully, what I find so fascinating is because 316 00:16:46,880 --> 00:16:50,120 Speaker 1: I do think that there was a voter. I mean, 317 00:16:50,120 --> 00:16:52,280 Speaker 1: I was on the campaign trail more times than I 318 00:16:52,320 --> 00:16:55,320 Speaker 1: wasn't last cycle, and you know, it's talking to voters. 319 00:16:55,320 --> 00:16:58,840 Speaker 1: There were many voters, Brian, and you know this who 320 00:16:58,840 --> 00:17:00,920 Speaker 1: who said they wanted to take a risk, they wanted 321 00:17:00,960 --> 00:17:03,680 Speaker 1: to take a chance, and they wanted a political outsider. 322 00:17:03,760 --> 00:17:08,080 Speaker 1: And so will that voter who got a red make 323 00:17:08,119 --> 00:17:11,880 Speaker 1: America Grade again hat? Will that voter put back on 324 00:17:11,920 --> 00:17:15,200 Speaker 1: that hat and show up at the polls come. That's 325 00:17:15,240 --> 00:17:18,399 Speaker 1: going to decide this election coming up. We switched gears 326 00:17:18,400 --> 00:17:20,920 Speaker 1: and we talked. Supreme Court Judge Neil Gorsitch is out 327 00:17:20,920 --> 00:17:24,760 Speaker 1: with the book book his co author David Fetter phones 328 00:17:24,800 --> 00:17:27,719 Speaker 1: in download the Bloomberg Sound On podcast on Apple iTunes, 329 00:17:27,760 --> 00:17:30,480 Speaker 1: at Bloomberg dot com, or by downloading the Bloomberg Business app. 330 00:17:30,720 --> 00:17:33,040 Speaker 1: You can also find us on Radio dot Com, I 331 00:17:33,160 --> 00:17:37,600 Speaker 1: Heart Radio, and Spotify on Kevin Cirelli, Chief Washington correspondent 332 00:17:37,640 --> 00:17:41,200 Speaker 1: for Bloomberg Television and Bloomberg Radio, you're listening to Bloomberg. 333 00:17:45,200 --> 00:17:48,679 Speaker 1: You're listening to Bloomberg Sound On with Kevin Sirel on 334 00:17:48,760 --> 00:17:52,800 Speaker 1: Bloomberg and One Old five point seven a m h D. Two. 335 00:17:54,400 --> 00:17:59,359 Speaker 1: Supreme Court Justice Neil Gorcitch is out with a new book. 336 00:17:59,440 --> 00:18:04,119 Speaker 1: He's asserted himself as a conservative force for Republicans. The 337 00:18:04,320 --> 00:18:08,480 Speaker 1: first Supreme Court justice to be nominated to the Supreme 338 00:18:08,520 --> 00:18:12,440 Speaker 1: Court in President Trump's administration. He's out with a new book. 339 00:18:12,720 --> 00:18:16,080 Speaker 1: It's called a Republic. If you can keep it quoting, 340 00:18:16,320 --> 00:18:19,240 Speaker 1: it's a quote, of course, by Benjamin Franklin, Philly guy, 341 00:18:19,320 --> 00:18:24,640 Speaker 1: Benjamin Franklin, UH, about whether or not Americans can hold 342 00:18:24,640 --> 00:18:28,920 Speaker 1: on to their republic. David Fetter is on the phone line. 343 00:18:28,960 --> 00:18:32,520 Speaker 1: He is a co author and and helped UH edit 344 00:18:32,600 --> 00:18:35,000 Speaker 1: this book as well. And it's a collection of essays 345 00:18:35,080 --> 00:18:39,920 Speaker 1: and rulings. UH. David Fetter joins us via telephone. He 346 00:18:40,080 --> 00:18:44,720 Speaker 1: is currently an attorney at Jones Day. He's an associate 347 00:18:44,920 --> 00:18:46,639 Speaker 1: at Jones Day, and we're thrilled to have him on 348 00:18:46,720 --> 00:18:49,359 Speaker 1: the program. I was skimming the book this weekend, and 349 00:18:49,400 --> 00:18:51,960 Speaker 1: I gotta say it's it's an interesting read. Whether you 350 00:18:52,000 --> 00:18:55,760 Speaker 1: agree with Gorsch or not. It is a fascinating take 351 00:18:56,440 --> 00:18:59,520 Speaker 1: on the Supreme Court. And and in reading the coverage 352 00:18:59,520 --> 00:19:01,159 Speaker 1: of it as L and the Washington Post. He did 353 00:19:01,200 --> 00:19:03,119 Speaker 1: an interview with the Post and was Shannon brim over 354 00:19:03,160 --> 00:19:07,359 Speaker 1: at Fox. Uh. He's really saying, you know what, the 355 00:19:07,440 --> 00:19:11,880 Speaker 1: Supreme Court is, its own political institution. It has He's 356 00:19:11,880 --> 00:19:13,800 Speaker 1: going to keep out of all of the politicals and 357 00:19:13,960 --> 00:19:16,919 Speaker 1: of the political arena, is he not, David? Yeah, I 358 00:19:16,920 --> 00:19:18,920 Speaker 1: think that's exactly right. I think one of the main 359 00:19:18,960 --> 00:19:21,480 Speaker 1: points of the book is judges are not politicians, and 360 00:19:21,480 --> 00:19:25,320 Speaker 1: they shouldn't be politicians. You know, during Justice Corse just Confirmation, 361 00:19:25,880 --> 00:19:28,399 Speaker 1: some people seem to Saint Vid judges should act like 362 00:19:28,920 --> 00:19:33,040 Speaker 1: junior varsity uh politicians and decide cases based on whether 363 00:19:33,080 --> 00:19:36,480 Speaker 1: they liked ex party or whether they decide white party. 364 00:19:36,760 --> 00:19:39,959 Speaker 1: And that's not how the Constitution presupposes that our judges 365 00:19:40,400 --> 00:19:43,240 Speaker 1: are to act. And that's not how our judges at 366 00:19:43,440 --> 00:19:47,359 Speaker 1: they're supposed to decide cases impartially and fairly. And I 367 00:19:47,400 --> 00:19:50,280 Speaker 1: think Justice Course makes that point in the book, and 368 00:19:50,320 --> 00:19:52,840 Speaker 1: I think it's interesting. I mean, there is ah there's 369 00:19:52,880 --> 00:19:56,080 Speaker 1: a great story on Bloomberg Law. We got an expert 370 00:19:56,200 --> 00:19:58,000 Speaker 1: of the book and it was posted last week that 371 00:19:58,160 --> 00:20:02,120 Speaker 1: says we will all be forgotten soon enough, and that's 372 00:20:02,160 --> 00:20:05,720 Speaker 1: exactly as it should be. That's what Neil Gorst's rights 373 00:20:05,760 --> 00:20:08,720 Speaker 1: in the New Book of Republic, if you can keep it. 374 00:20:09,119 --> 00:20:12,479 Speaker 1: And then when you look at the interview that he 375 00:20:12,600 --> 00:20:14,800 Speaker 1: gave to the Washington Post the other day or I'm 376 00:20:14,800 --> 00:20:17,800 Speaker 1: sorry this was to the Associated Press, the other day 377 00:20:18,320 --> 00:20:20,679 Speaker 1: he said, if you're asking me about politics, I'm not 378 00:20:20,720 --> 00:20:23,000 Speaker 1: going to touch it. But he also went on to 379 00:20:23,080 --> 00:20:26,960 Speaker 1: say that Americans should remember that political opponents quote love 380 00:20:27,080 --> 00:20:30,439 Speaker 1: this country as much as we do. I don't know, 381 00:20:30,640 --> 00:20:34,920 Speaker 1: I mean, I hear that at face value, and then 382 00:20:35,280 --> 00:20:37,639 Speaker 1: you know, I mean, just as a reporter living in 383 00:20:37,680 --> 00:20:42,840 Speaker 1: these times, can the Supreme Court be boring again? Given 384 00:20:42,880 --> 00:20:46,200 Speaker 1: what we've been through in the past two years. Look, 385 00:20:46,240 --> 00:20:50,160 Speaker 1: I think the Justice is absolutely right, you know, left, right, center, whatever. 386 00:20:50,680 --> 00:20:53,320 Speaker 1: Everyone in America loves America, and now they might have 387 00:20:53,359 --> 00:20:55,199 Speaker 1: a little bit different view on where we should go 388 00:20:55,640 --> 00:20:58,399 Speaker 1: or how we should get there. But I think the 389 00:20:58,440 --> 00:21:01,280 Speaker 1: Justice point is we shouldn't manize people we disagree with. 390 00:21:01,359 --> 00:21:04,399 Speaker 1: Part of having a republic is having civil disagreement with 391 00:21:04,440 --> 00:21:06,639 Speaker 1: one another. As the Justice life to say, it's one 392 00:21:06,680 --> 00:21:08,440 Speaker 1: of his fair quote. You know, you got to learn 393 00:21:08,520 --> 00:21:12,440 Speaker 1: to disagree without being disagreeable, and that's something he really embodies. 394 00:21:12,760 --> 00:21:15,639 Speaker 1: You know, he has great relationships with every justice on 395 00:21:15,680 --> 00:21:17,880 Speaker 1: the court. Uh. You know, he's been doing a lot 396 00:21:17,880 --> 00:21:21,280 Speaker 1: of actually joints civic and civility appearances with Justice so 397 00:21:21,440 --> 00:21:25,280 Speaker 1: Mayor and they too have formed quite a bond, you know, 398 00:21:25,320 --> 00:21:27,480 Speaker 1: One of the funnest moments of this past term of 399 00:21:27,560 --> 00:21:30,960 Speaker 1: the Supreme Court was Justice to Mayor was giving a 400 00:21:31,040 --> 00:21:34,240 Speaker 1: hypothetical about a case during oral argument about how much 401 00:21:34,280 --> 00:21:37,919 Speaker 1: force was needed uh to trigger statute, and she reached 402 00:21:37,960 --> 00:21:41,320 Speaker 1: over and pinched Justice Core such playfully, and the Justice 403 00:21:41,359 --> 00:21:43,800 Speaker 1: responded playfully and sort of made a face in the 404 00:21:43,840 --> 00:21:46,240 Speaker 1: court room laughed, you know. And it's a little moments 405 00:21:46,280 --> 00:21:49,200 Speaker 1: like that that just the Justice embodies. Uh. He treats 406 00:21:49,240 --> 00:21:52,720 Speaker 1: everyone with respect, and he's extremely civil to everyone, whether 407 00:21:52,840 --> 00:21:55,520 Speaker 1: or not you know you liked him or not. David 408 00:21:55,560 --> 00:21:57,840 Speaker 1: sutters on the line. He's an associate at Jones Day. 409 00:21:57,880 --> 00:22:01,320 Speaker 1: He's also a contributor to Justice Neil Gorcich's new book, 410 00:22:01,359 --> 00:22:05,000 Speaker 1: A Republic if you can keep it? What is? What is? 411 00:22:05,359 --> 00:22:09,159 Speaker 1: How has Gorsitch made an impact on the Supreme Court 412 00:22:09,800 --> 00:22:12,719 Speaker 1: so far? What is he? What has he been doing? 413 00:22:13,119 --> 00:22:15,240 Speaker 1: I mean, so much attention recently has been on Kavanaugh, 414 00:22:15,440 --> 00:22:19,960 Speaker 1: But but how has Gorcia impacted the Supreme Court lately? Yeah? 415 00:22:19,960 --> 00:22:23,000 Speaker 1: I think the Justice has written some very strong original 416 00:22:23,160 --> 00:22:27,560 Speaker 1: opinions which proved that originalism is not a philosophy that's 417 00:22:27,560 --> 00:22:31,040 Speaker 1: conservative or liberal or has any particular valance it's a 418 00:22:31,040 --> 00:22:35,120 Speaker 1: philosophy which enforces the constitution. Um. And I think he's 419 00:22:35,160 --> 00:22:38,680 Speaker 1: really done a great job of being independent, deciding every 420 00:22:38,680 --> 00:22:43,240 Speaker 1: case according to where the law and facts lead him. Um. 421 00:22:43,280 --> 00:22:46,280 Speaker 1: He's decided some very important cases, in particular with respect 422 00:22:46,400 --> 00:22:49,040 Speaker 1: to the void for Vaden, his doctrine, which is a 423 00:22:49,080 --> 00:22:51,960 Speaker 1: doctrine that means the law so vague that a judge 424 00:22:52,000 --> 00:22:55,159 Speaker 1: has to sort of make it up. Uh. It's too 425 00:22:55,280 --> 00:22:58,080 Speaker 1: vague for judges to enforce because it would violate the 426 00:22:58,080 --> 00:23:00,760 Speaker 1: separation of powers. And judges aren't a made up with 427 00:23:00,840 --> 00:23:03,679 Speaker 1: the law. Is they're only to interpret it fairly and 428 00:23:03,720 --> 00:23:07,399 Speaker 1: apply it to the parties before them impartially. So one 429 00:23:07,440 --> 00:23:10,240 Speaker 1: of his biggest rulings, for example, uh, he was the 430 00:23:10,240 --> 00:23:12,320 Speaker 1: fifth vote in a taste called the Sessions via Maya, 431 00:23:12,600 --> 00:23:16,439 Speaker 1: which involved whether an immigration statue was too unconstitutional to 432 00:23:16,440 --> 00:23:19,920 Speaker 1: be applied to an immigrant. And he said, yes, this 433 00:23:20,440 --> 00:23:23,159 Speaker 1: statute leaves it all uh in the judge's head to 434 00:23:23,200 --> 00:23:25,320 Speaker 1: sort of make it up. And and that's not appropriate. 435 00:23:25,800 --> 00:23:30,080 Speaker 1: And you know that wasn't a normal H five four. 436 00:23:30,160 --> 00:23:31,960 Speaker 1: But I think that just drows the show of it. 437 00:23:32,040 --> 00:23:35,840 Speaker 1: Original is really there's no political valance of philosophy and 438 00:23:36,119 --> 00:23:38,760 Speaker 1: I think the Justice his opinions have demonstrated that David 439 00:23:38,760 --> 00:23:41,400 Speaker 1: fetters on the line. He went to Harvard Law. He's 440 00:23:41,440 --> 00:23:44,640 Speaker 1: an associated Jones Day, a contributor to Justice. Course, it's 441 00:23:44,680 --> 00:23:47,600 Speaker 1: just new book of republic if you can keep it originalist. 442 00:23:47,680 --> 00:23:49,240 Speaker 1: If you're getting in your car and your way home 443 00:23:49,240 --> 00:23:51,479 Speaker 1: from work and you don't know what are you forget 444 00:23:51,680 --> 00:23:53,920 Speaker 1: dust off the Harvard Law book for me? What does 445 00:23:53,920 --> 00:23:58,280 Speaker 1: originalist mean? Huh? Original was really just a fancy label 446 00:23:58,400 --> 00:24:01,120 Speaker 1: for you know, Judges shouldn't make it up. Judges should 447 00:24:01,160 --> 00:24:06,119 Speaker 1: apply the words on the paper as originally understood. So 448 00:24:06,560 --> 00:24:09,400 Speaker 1: the judges can't update the meaning because they would prefer 449 00:24:09,600 --> 00:24:13,800 Speaker 1: a different meaning. They can't give away your rights when 450 00:24:13,800 --> 00:24:16,960 Speaker 1: it's in the Constitution. They simply read the words on 451 00:24:17,000 --> 00:24:20,480 Speaker 1: that paper, determine what it means, and apply it fairly. Um, 452 00:24:20,520 --> 00:24:23,119 Speaker 1: there's been some periods in this country where judges have 453 00:24:23,359 --> 00:24:27,480 Speaker 1: strayed from the words of the Constitution, and it's led 454 00:24:27,520 --> 00:24:30,480 Speaker 1: to some pretty disastrous results. And I'll give you a 455 00:24:30,520 --> 00:24:33,399 Speaker 1: couple of examples. You know, perhaps the darkest hour in 456 00:24:33,440 --> 00:24:36,400 Speaker 1: the Supreme Court's history was the awful dread Stock decision, 457 00:24:36,800 --> 00:24:39,439 Speaker 1: where the Supreme Court said there was a right to 458 00:24:39,480 --> 00:24:43,719 Speaker 1: hold slaves in the territory. Completely wrong decision, completely disregarded 459 00:24:43,800 --> 00:24:46,240 Speaker 1: what the Constitution said. It dave condres the power to 460 00:24:46,280 --> 00:24:49,560 Speaker 1: regulate slavery in the territories. But the judges thought, the 461 00:24:49,600 --> 00:24:53,280 Speaker 1: justices thought that they would be solving a pressing crisis, 462 00:24:53,320 --> 00:24:56,119 Speaker 1: you know, preventing the civil war. And as we all know, 463 00:24:56,280 --> 00:24:59,240 Speaker 1: that wasn't the case at all. It actually precipitated a 464 00:24:59,320 --> 00:25:02,639 Speaker 1: civil war. Um. And I think, you know, when you 465 00:25:02,760 --> 00:25:06,040 Speaker 1: leave the words on the paper, sometimes you invite the 466 00:25:06,119 --> 00:25:09,600 Speaker 1: constitutional karma. I'll give you another example. You know, the 467 00:25:09,680 --> 00:25:13,359 Speaker 1: atrocious core Maatsu decision where the Supremee brought upheld the 468 00:25:13,400 --> 00:25:18,280 Speaker 1: interment of Americans of Japanese descent, even though there's the 469 00:25:18,359 --> 00:25:21,720 Speaker 1: Equal Protection Clause which says you must have equal treatment 470 00:25:21,760 --> 00:25:24,400 Speaker 1: of the laws everyone, regardless of the race, and even 471 00:25:24,440 --> 00:25:26,680 Speaker 1: though we have a Fourth Amendment which says no unreasonable 472 00:25:26,680 --> 00:25:29,480 Speaker 1: searchers and seizures. That is a decision which can't be 473 00:25:29,560 --> 00:25:33,000 Speaker 1: justified on originalist grounds. It can only be justified to 474 00:25:33,040 --> 00:25:36,000 Speaker 1: the tent it can be, which you can't uh by 475 00:25:36,160 --> 00:25:39,159 Speaker 1: methods of interpretation which stray from the words on the paper. 476 00:25:39,600 --> 00:25:42,560 Speaker 1: You know, Originalism is really just about being modest, realizing 477 00:25:42,600 --> 00:25:46,320 Speaker 1: that judges can't solve every problem in society, and things 478 00:25:46,359 --> 00:25:49,600 Speaker 1: are better when they apply the laws fairly and don't 479 00:25:49,680 --> 00:25:52,520 Speaker 1: try and wear cape. David Federer, we got less than 480 00:25:52,600 --> 00:25:54,520 Speaker 1: sixty seconds left, but I want to get your take 481 00:25:54,520 --> 00:25:56,639 Speaker 1: because one of the things I was struck by. Gorsetch 482 00:25:56,640 --> 00:25:59,800 Speaker 1: has been a swing vote. Uh, and it's caught people off. 483 00:26:00,080 --> 00:26:02,119 Speaker 1: I mean, might is surprised. It should be no surprise 484 00:26:02,160 --> 00:26:05,760 Speaker 1: if you study his record on Native American issues, he's 485 00:26:05,760 --> 00:26:08,719 Speaker 1: he's been with the more. I guess you would say 486 00:26:08,800 --> 00:26:12,680 Speaker 1: liberal liberal judges. Tell us quickly about that. Well, there's 487 00:26:12,720 --> 00:26:16,920 Speaker 1: some cases which involved interpretation in Native American treaties, and 488 00:26:17,040 --> 00:26:18,600 Speaker 1: you know, the Justice is just trying to do his 489 00:26:18,760 --> 00:26:22,639 Speaker 1: level best, as every justice on the court is. And 490 00:26:22,720 --> 00:26:25,520 Speaker 1: you know, sometimes you'll reach so called liberal results when 491 00:26:25,520 --> 00:26:28,280 Speaker 1: you're applying the laws you as you see it, neutrally 492 00:26:28,320 --> 00:26:32,080 Speaker 1: and fairly, and sometimes we reach so called conservative results. Um. 493 00:26:32,080 --> 00:26:34,560 Speaker 1: That is a mean that he likes as party better 494 00:26:34,600 --> 00:26:37,160 Speaker 1: than why party. It just means that's where the law 495 00:26:37,200 --> 00:26:39,200 Speaker 1: and facts lead and map to your case. And I 496 00:26:39,240 --> 00:26:41,000 Speaker 1: think that's one of the best things about the Justice 497 00:26:41,040 --> 00:26:43,480 Speaker 1: is he's extremely independent, and it will follow the law 498 00:26:43,520 --> 00:26:45,920 Speaker 1: in fact wherever they lead, you know, without fear of 499 00:26:45,960 --> 00:26:48,640 Speaker 1: favoring anyone. I like it. I think it's a great book. 500 00:26:48,680 --> 00:26:52,199 Speaker 1: I think it's interesting to see every time a Supreme 501 00:26:52,240 --> 00:26:54,680 Speaker 1: Court justice comes a justice comes out with a book, 502 00:26:54,680 --> 00:26:59,280 Speaker 1: whether it's Sonya Soto, mayor or or a justice. Neil 503 00:26:59,320 --> 00:27:00,959 Speaker 1: Gore said to me, you gotta read it. It's a 504 00:27:01,000 --> 00:27:07,600 Speaker 1: fascinating window into these individuals lives and they're everything. I mean, 505 00:27:07,640 --> 00:27:10,440 Speaker 1: they're they're critiquing and judging every which way, and they've 506 00:27:10,480 --> 00:27:14,160 Speaker 1: got their stabs and everything. But it's it's interesting when 507 00:27:14,160 --> 00:27:16,800 Speaker 1: they reflect on it in real time, so to speak. 508 00:27:16,840 --> 00:27:19,919 Speaker 1: David Federer, great interview, Thanks for coming on. Co author 509 00:27:20,000 --> 00:27:22,359 Speaker 1: of a Republic. If you can keep it with Justice 510 00:27:22,400 --> 00:27:25,440 Speaker 1: Neil Gorsch, He's at Jones Day and associate at Jones 511 00:27:25,520 --> 00:27:27,960 Speaker 1: Day coming up. What's on the panel's radar. I'm Kevin Sirelli. 512 00:27:27,960 --> 00:27:37,160 Speaker 1: You're listening to Bloomberg. This is Bloomberg's sound on with 513 00:27:37,280 --> 00:27:41,680 Speaker 1: Kevin Sireley on Bloomberg and one or five point seven 514 00:27:41,960 --> 00:27:46,959 Speaker 1: m H D two Funday and Washington D c Hey 515 00:27:46,960 --> 00:27:50,360 Speaker 1: whether or not that nice? But my Philadelphia Eagles just 516 00:27:50,800 --> 00:27:57,159 Speaker 1: crushed it, crushed it. DeShawn Jackson just connecting with Carson Wentz. 517 00:27:57,240 --> 00:28:00,400 Speaker 1: It was a beautiful game. Rough first quarter while Washington 518 00:28:00,640 --> 00:28:03,720 Speaker 1: for me, but hey, we pulled it out in the end. 519 00:28:04,160 --> 00:28:07,119 Speaker 1: I'm thrilled. Sorry for the loss, but I'm not really. 520 00:28:07,119 --> 00:28:09,960 Speaker 1: I'm Kevin Cirelli, Chief Washington correspondent f for Bloomberg Television, 521 00:28:10,000 --> 00:28:13,240 Speaker 1: Bloomberg Radio, a Philly fan til I die and I 522 00:28:13,640 --> 00:28:16,720 Speaker 1: got a gloat. I just I gotta gloat. Brian Darlings here, 523 00:28:16,960 --> 00:28:20,479 Speaker 1: former senior communications director for Kentucky Senator Ram Paul, founder 524 00:28:20,480 --> 00:28:24,040 Speaker 1: of Liberty Government Affairs Lewis Miranda, former d n C 525 00:28:24,240 --> 00:28:28,080 Speaker 1: communications director, Brian, who did you? How did you do yesterday? 526 00:28:28,320 --> 00:28:33,080 Speaker 1: Patriots did great? God, I like knew you were Saturday 527 00:28:33,200 --> 00:28:37,960 Speaker 1: to Antonio, b Yeah, classy, classy operation. Bill Belichick's running 528 00:28:38,000 --> 00:28:40,920 Speaker 1: up there. Um, alright, this is time switching gears. We're 529 00:28:40,920 --> 00:28:44,440 Speaker 1: not a sports show, Kevin, stay focused, We're not an 530 00:28:44,480 --> 00:28:48,040 Speaker 1: eagle show. Actually, um, what's on your radar? So this 531 00:28:48,120 --> 00:28:49,920 Speaker 1: is the time in the show where we where we 532 00:28:49,960 --> 00:28:53,640 Speaker 1: go through what are what is on everybody's radar? Brian Darling, 533 00:28:53,680 --> 00:28:55,480 Speaker 1: what's on your radar? One of the things that's on 534 00:28:55,520 --> 00:28:59,280 Speaker 1: my right radars. Earlier this year, UM, the House passed 535 00:28:59,360 --> 00:29:03,280 Speaker 1: a measure that restricts a Justice Department from prosecuting states 536 00:29:03,320 --> 00:29:06,160 Speaker 1: that allow adult use in medical marijuana. Now, the big 537 00:29:06,240 --> 00:29:09,240 Speaker 1: question is will Congress do anything more? Will they pass 538 00:29:09,280 --> 00:29:12,720 Speaker 1: a safe fact which allows safe banking? Uh in states 539 00:29:12,840 --> 00:29:15,480 Speaker 1: it allows banking and states that have allowed and made 540 00:29:15,480 --> 00:29:19,400 Speaker 1: it okay to grow and sell cannabis. And that's something 541 00:29:19,440 --> 00:29:21,200 Speaker 1: that I'm looking at to see if Congress is going 542 00:29:21,240 --> 00:29:23,600 Speaker 1: to take any action in that space. It passed the House. 543 00:29:24,360 --> 00:29:26,520 Speaker 1: Safe banking hasn't passed the House yet. It's it was 544 00:29:26,560 --> 00:29:29,160 Speaker 1: supposed to come up before the recess, but I think 545 00:29:29,240 --> 00:29:32,800 Speaker 1: most expected to come up sometimes bipart is an issue 546 00:29:32,840 --> 00:29:34,959 Speaker 1: now very yeah, I mean I'm surprised. I mean, they 547 00:29:34,960 --> 00:29:37,200 Speaker 1: should tack that onto one of them and they who 548 00:29:37,240 --> 00:29:38,640 Speaker 1: knows what they're going to do it. That's a good one. 549 00:29:38,680 --> 00:29:41,160 Speaker 1: We're watching that, UM and we know that there is 550 00:29:41,160 --> 00:29:43,120 Speaker 1: bi partisan support. We've talked about it on this show 551 00:29:43,520 --> 00:29:47,280 Speaker 1: multiple times. Lewis, I'll tell you what's on my weather radar, 552 00:29:47,360 --> 00:29:50,640 Speaker 1: which is that Commerce Secretary. Well, we're as apparently threatened 553 00:29:50,680 --> 00:29:53,480 Speaker 1: to fire people in the birminghalf office of the National 554 00:29:53,480 --> 00:29:57,320 Speaker 1: Oceanic and Atmospheric Administration, whether they stood up, they stood 555 00:29:57,360 --> 00:29:59,600 Speaker 1: up to Donald Trump to say no, no no, no, wait 556 00:29:59,600 --> 00:30:02,360 Speaker 1: a second, there's no threat to Alabama. And it looks 557 00:30:02,360 --> 00:30:04,520 Speaker 1: like in this administration now we can't even trust the 558 00:30:04,560 --> 00:30:10,120 Speaker 1: weather without some sort of place. This is breaking ross 559 00:30:10,160 --> 00:30:15,160 Speaker 1: and the weather. So essentially he reached back out to 560 00:30:15,320 --> 00:30:19,520 Speaker 1: the n o a A, which is the I'm gonna 561 00:30:20,560 --> 00:30:25,080 Speaker 1: which is the National Oceanic and Atmospheric Administration on Friday, 562 00:30:25,440 --> 00:30:28,240 Speaker 1: and he threatened to fire the top employees there after, 563 00:30:28,360 --> 00:30:32,720 Speaker 1: one of the weather offices in Birmingham, Alabama contradicted the 564 00:30:32,720 --> 00:30:35,440 Speaker 1: Sharpie gate scandal, which I've stayed away from. We were 565 00:30:35,480 --> 00:30:39,840 Speaker 1: so close to not talking about Sharpe. I told Christine 566 00:30:39,880 --> 00:30:42,240 Speaker 1: Barada and Ko who's back in the control room. I 567 00:30:42,280 --> 00:30:44,200 Speaker 1: said that the we were like, we must be the 568 00:30:44,240 --> 00:30:47,120 Speaker 1: only show that has not talked about Sharpi Gate. Lewis 569 00:30:47,160 --> 00:30:55,200 Speaker 1: Miranda Cars sketches it all over all. Listen. I think 570 00:30:55,240 --> 00:30:56,959 Speaker 1: the biggest problem with this is that this is supposed 571 00:30:57,000 --> 00:30:59,600 Speaker 1: to be government data and government information that's used across 572 00:30:59,640 --> 00:31:01,800 Speaker 1: the board that people can rely on. So whether you 573 00:31:01,800 --> 00:31:04,000 Speaker 1: have weather Bug or the Weather Channel, they're getting their 574 00:31:04,040 --> 00:31:06,600 Speaker 1: information from Noah. If you can't trust Noah anymore, that's 575 00:31:06,600 --> 00:31:08,600 Speaker 1: a problem. I trust no I can't care about sharp. 576 00:31:08,640 --> 00:31:11,040 Speaker 1: All right, what's on my radar? President Trump? Did you 577 00:31:11,040 --> 00:31:13,440 Speaker 1: hear about this? That Camp David? He tweets out on 578 00:31:13,480 --> 00:31:15,640 Speaker 1: Saturday night that he's he was going to have a 579 00:31:15,680 --> 00:31:18,080 Speaker 1: meeting with Taliban officials were two days away, mind you, 580 00:31:18,240 --> 00:31:20,920 Speaker 1: from the from the anniversary of the September eleventh attacks. 581 00:31:21,120 --> 00:31:23,680 Speaker 1: He was gonna meet with Taliban leaders and the president 582 00:31:23,760 --> 00:31:27,239 Speaker 1: of Afghanistan at Camp David. But he called off the 583 00:31:27,320 --> 00:31:30,720 Speaker 1: meeting because of the bombing attacks that have been going 584 00:31:30,800 --> 00:31:33,800 Speaker 1: that the Taliban have been responsible for. He wanted to 585 00:31:33,840 --> 00:31:40,280 Speaker 1: meet with Afghanistan leaders because UH trying discussing US withdrawal 586 00:31:40,360 --> 00:31:45,280 Speaker 1: from Afghanistan. But the Taliban has continued continued with these attacks, 587 00:31:45,320 --> 00:31:46,880 Speaker 1: and he called it off. Take a listen to what 588 00:31:46,960 --> 00:31:50,280 Speaker 1: President said about the Taliban meeting earlier today. Here is 589 00:31:50,760 --> 00:31:54,840 Speaker 1: we had a meeting schedule. It was my idea, and 590 00:31:54,880 --> 00:31:57,400 Speaker 1: it was my idea to terminated. I didn't even I 591 00:31:57,440 --> 00:32:01,600 Speaker 1: didn't discuss it with anybody else. Adam Kinzinger, he's a congressman. 592 00:32:01,680 --> 00:32:04,800 Speaker 1: He's a Republican congressman who serves on House Foreign Affairs. 593 00:32:04,800 --> 00:32:07,680 Speaker 1: He had concerns about this meeting even being discussed. Take 594 00:32:07,680 --> 00:32:10,120 Speaker 1: a listen to Congressman Kinzinger and what he said about 595 00:32:10,120 --> 00:32:12,480 Speaker 1: it over the weekend. To have them at Camp David 596 00:32:12,920 --> 00:32:15,680 Speaker 1: is totally unacceptable. President of the right thing by walking away. 597 00:32:15,880 --> 00:32:18,960 Speaker 1: I'm very concerned though, that we were really close to 598 00:32:19,000 --> 00:32:24,040 Speaker 1: having Taliban leaders there. It is. It is fascinating because 599 00:32:24,080 --> 00:32:28,240 Speaker 1: here we are nearly two decades after September eleven, which 600 00:32:28,240 --> 00:32:33,560 Speaker 1: will mark this this week, and the prospects of withdrawal 601 00:32:33,600 --> 00:32:36,880 Speaker 1: from Afghanistan, the longest now war that the US is 602 00:32:36,920 --> 00:32:42,040 Speaker 1: currently involved in, and the President seemingly having this meeting 603 00:32:42,160 --> 00:32:45,200 Speaker 1: at Camp David. But then at the last minute, you know, 604 00:32:45,280 --> 00:32:49,040 Speaker 1: the President saying that the Taliban was using these attacks 605 00:32:49,120 --> 00:32:52,560 Speaker 1: is leverage, which is horrific. And there was twelve individuals 606 00:32:52,640 --> 00:32:57,200 Speaker 1: killed in Kabul and more than two two dozen injured 607 00:32:57,720 --> 00:33:00,640 Speaker 1: as a result of this, according to reports. But but this, 608 00:33:01,400 --> 00:33:04,480 Speaker 1: I'm curious Lewis for your for your perspective on this 609 00:33:04,560 --> 00:33:06,640 Speaker 1: and what Democrats have been saying about this. Do they 610 00:33:06,680 --> 00:33:10,280 Speaker 1: agree with Congressman Kinzinger. I think there's pretty wide agreement 611 00:33:10,400 --> 00:33:12,840 Speaker 1: that it was poorly thought out, that he didn't really 612 00:33:12,880 --> 00:33:15,120 Speaker 1: spend the time to plan that. He left out the 613 00:33:15,160 --> 00:33:18,360 Speaker 1: main national security apparatus that's supposed to work and deal 614 00:33:18,440 --> 00:33:21,040 Speaker 1: on something like this before you even get to the 615 00:33:21,040 --> 00:33:22,959 Speaker 1: point of the president making a decision on it. So 616 00:33:23,440 --> 00:33:26,720 Speaker 1: I think there's pretty broad concerned by partisan le on 617 00:33:26,720 --> 00:33:29,280 Speaker 1: on the fact that it's just him trying to get 618 00:33:29,280 --> 00:33:32,240 Speaker 1: a victory haphazardly without doing the work to make sure 619 00:33:32,840 --> 00:33:36,160 Speaker 1: that it's worth it. As far as I'm meeting itself goes, Uh, look, 620 00:33:36,160 --> 00:33:37,840 Speaker 1: I think that's something down the road that you know, 621 00:33:37,880 --> 00:33:40,000 Speaker 1: at times we have to meet with unsavory characters to 622 00:33:40,600 --> 00:33:42,560 Speaker 1: to uh come to peace. So I don't think pomp 623 00:33:42,560 --> 00:33:45,720 Speaker 1: Peal is entirely wrong when he says that, but uh, 624 00:33:45,760 --> 00:33:48,440 Speaker 1: it's just another example of Trump doing things wrong and badly. 625 00:33:48,680 --> 00:33:51,000 Speaker 1: It is. It is going to be interesting to see. 626 00:33:51,040 --> 00:33:53,040 Speaker 1: I mean, this is a president unfortunately we have to 627 00:33:53,080 --> 00:33:55,400 Speaker 1: leave it there, a president who has met with Kim 628 00:33:55,440 --> 00:33:58,600 Speaker 1: Jong un, for example. Uh, but this this was an 629 00:33:58,600 --> 00:34:00,640 Speaker 1: interesting one. We're gonna talk more about it, I'm sure 630 00:34:00,720 --> 00:34:03,160 Speaker 1: later throughout the week. My many thanks to Lewis, Miranda 631 00:34:03,360 --> 00:34:06,360 Speaker 1: and Brian Darling for coming on. You can download the 632 00:34:06,360 --> 00:34:09,319 Speaker 1: Bloomberg sound on podcasts on Apple iTunes, at Bloomberg dot com, 633 00:34:09,400 --> 00:34:11,719 Speaker 1: or by downloading the Bloomberg Business app. You can also 634 00:34:11,760 --> 00:34:13,840 Speaker 1: find us on Radio dot com, I Heart Radio, and 635 00:34:13,880 --> 00:34:16,840 Speaker 1: Spotify Busy Week This week, I'm headed to Houston second 636 00:34:16,880 --> 00:34:19,880 Speaker 1: half of the week for the third Democratic presidential debate. 637 00:34:19,880 --> 00:34:22,000 Speaker 1: I'm Kevin SURRELLI you're listening to Bloomberg