1 00:00:00,120 --> 00:00:03,360 Speaker 1: Welcome to today's edition of the Clay Travis and Buck 2 00:00:03,400 --> 00:00:04,720 Speaker 1: Sexton Show Podcast. 3 00:00:05,000 --> 00:00:08,240 Speaker 2: Second hour Clay and Buck kicks off. Now, everybody appreciate 4 00:00:08,320 --> 00:00:13,200 Speaker 2: you rolling with us. It's a few notes one well, 5 00:00:13,560 --> 00:00:16,240 Speaker 2: first about the show today. We've got Andy McCarthy bottom 6 00:00:16,239 --> 00:00:20,720 Speaker 2: of this hour on Jack Smith, the special counsel. His 7 00:00:21,440 --> 00:00:28,080 Speaker 2: Hail Mary, intended to well be the primary legal salvo 8 00:00:28,360 --> 00:00:30,440 Speaker 2: against Donald Trump if he can get his way. We 9 00:00:30,480 --> 00:00:33,840 Speaker 2: shall see if in fact that works out the way 10 00:00:33,880 --> 00:00:38,520 Speaker 2: that he is hoping it will. We also will have 11 00:00:39,159 --> 00:00:42,400 Speaker 2: Tucker Carlson with us in the third hour of the program, 12 00:00:43,120 --> 00:00:45,320 Speaker 2: and he is going to be talking to us about 13 00:00:45,720 --> 00:00:49,279 Speaker 2: the new Tucker Carlson Network that he has launched, which 14 00:00:49,320 --> 00:00:52,240 Speaker 2: we're excited about. He's got a whole lot of other 15 00:00:52,360 --> 00:00:55,240 Speaker 2: stuff to weigh into today as well, especially as we're 16 00:00:55,240 --> 00:00:57,000 Speaker 2: talking to all the politics here. Just want to make 17 00:00:57,040 --> 00:01:02,960 Speaker 2: a note of something Clay brought to my attention Carol Swain, 18 00:01:03,720 --> 00:01:05,600 Speaker 2: who we are going to reach out to. She is 19 00:01:06,200 --> 00:01:11,840 Speaker 2: a doctor, Carol Swain. She is a black female academic 20 00:01:12,440 --> 00:01:20,360 Speaker 2: who is the person whose work has been allegedly stolen 21 00:01:20,920 --> 00:01:23,600 Speaker 2: by the president of Harvard. She gave an interview to 22 00:01:23,720 --> 00:01:28,240 Speaker 2: Chris Rufo. So again hat tip Chris Rufo doing good 23 00:01:28,240 --> 00:01:30,160 Speaker 2: work here. And this is what she said. What is 24 00:01:30,160 --> 00:01:32,640 Speaker 2: bothering me is not just that there's passages she didn't 25 00:01:32,680 --> 00:01:36,040 Speaker 2: put in quotation marks. When I look at her work, 26 00:01:36,520 --> 00:01:39,680 Speaker 2: I feel like her whole research agenda, her whole career 27 00:01:40,280 --> 00:01:43,120 Speaker 2: was based on my work. It bothers me because I 28 00:01:43,160 --> 00:01:44,959 Speaker 2: know that my work was a big deal in the 29 00:01:45,000 --> 00:01:48,360 Speaker 2: early nineteen nineties and started falling out of favor in 30 00:01:48,440 --> 00:01:52,760 Speaker 2: nineteen ninety five when I started criticizing race based affirmative action. 31 00:01:53,440 --> 00:01:56,800 Speaker 2: I thought affirmative action should be means tested and race neutral. 32 00:01:57,200 --> 00:02:00,280 Speaker 2: When I started putting those ideas out when I that's 33 00:02:00,280 --> 00:02:03,280 Speaker 2: when I started falling out of favor, labeled a conservative 34 00:02:03,360 --> 00:02:06,600 Speaker 2: even while I was a Democrat, and Blacks started attacking 35 00:02:06,640 --> 00:02:10,959 Speaker 2: me and calling me a sellout. So the person whose 36 00:02:11,040 --> 00:02:18,720 Speaker 2: work appears uncited in doctor Gay's work from Harvard, doctor 37 00:02:18,760 --> 00:02:22,200 Speaker 2: Carl Swayin here is saying, Clay, it's even worse than 38 00:02:22,240 --> 00:02:25,320 Speaker 2: just taking some of my passages. It's like she based 39 00:02:25,320 --> 00:02:29,079 Speaker 2: her entire academic agenda on what I had already done. 40 00:02:29,120 --> 00:02:34,359 Speaker 2: I'm paraphrasing now, But she played the game and stayed 41 00:02:34,840 --> 00:02:37,280 Speaker 2: in the good graces of the left. So she became 42 00:02:37,320 --> 00:02:38,720 Speaker 2: the president of Harvard effectively. 43 00:02:39,600 --> 00:02:41,640 Speaker 1: Yeah, and by the way, I'll give her a credit too. 44 00:02:42,440 --> 00:02:46,360 Speaker 1: I love this place. Met my wife there, Vanderbilt Law School. 45 00:02:46,480 --> 00:02:50,520 Speaker 1: She finished her career as a professor at Vanderbilt University, 46 00:02:50,600 --> 00:02:56,320 Speaker 1: both in polysci and in the law school. So Carol swayin. 47 00:02:56,440 --> 00:02:59,920 Speaker 1: I mean, this is why I said in the first hour, Buck, 48 00:03:00,760 --> 00:03:05,880 Speaker 1: whatever I think Claudine Gay should be should be roundly 49 00:03:06,320 --> 00:03:09,239 Speaker 1: ridiculed for the hypocrisy of her actions. 50 00:03:09,639 --> 00:03:12,359 Speaker 2: That is that she has been in. 51 00:03:12,720 --> 00:03:15,320 Speaker 1: Harvard ranked what two hundred and forty eight out of 52 00:03:15,360 --> 00:03:18,320 Speaker 1: two hundred and forty eight in free speech on campuses 53 00:03:18,880 --> 00:03:19,760 Speaker 1: in the I think. 54 00:03:19,639 --> 00:03:21,960 Speaker 2: The fire Review of overall issues. 55 00:03:22,000 --> 00:03:26,400 Speaker 1: They regularly ban different speakers that they don't like on 56 00:03:26,720 --> 00:03:30,360 Speaker 1: Harvard from being able to interact there, and then suddenly 57 00:03:30,440 --> 00:03:35,120 Speaker 1: they have a hugely expansive definition of the First Amendment. 58 00:03:35,200 --> 00:03:38,360 Speaker 1: I'm in favor of the definition that she put forward. 59 00:03:38,560 --> 00:03:42,160 Speaker 1: The problem is she hasn't lived by the methods and 60 00:03:42,960 --> 00:03:46,560 Speaker 1: details of that expansive definition of the First Amendment. And 61 00:03:46,600 --> 00:03:49,200 Speaker 1: if I were Jewish, I'll be sitting around saying, wait 62 00:03:49,240 --> 00:03:53,360 Speaker 1: a minute, it's fine for everybody to be canceled. You 63 00:03:53,360 --> 00:03:56,640 Speaker 1: can get canceled if you use fat phobic language. You 64 00:03:56,640 --> 00:04:00,560 Speaker 1: can get canceled at Harvard if you use MicroG I 65 00:04:00,600 --> 00:04:05,400 Speaker 1: was just reading during the commercial break book. She rescinded 66 00:04:05,480 --> 00:04:08,800 Speaker 1: the offer to ten different kids because they didn't they 67 00:04:08,920 --> 00:04:12,640 Speaker 1: used memes she didn't like. There's a big Washington Post 68 00:04:12,720 --> 00:04:15,520 Speaker 1: story up about this. In twenty seventeen, she led the 69 00:04:15,640 --> 00:04:19,400 Speaker 1: charge to rescind young kids from being able to attend 70 00:04:19,400 --> 00:04:19,840 Speaker 1: the school. 71 00:04:20,120 --> 00:04:20,800 Speaker 3: So she's an. 72 00:04:20,760 --> 00:04:26,440 Speaker 2: Enforcer of wokeness. She's an extreme enforcer of wokeness atop 73 00:04:26,640 --> 00:04:30,159 Speaker 2: the most prestigious university in the world. Let's be honest. 74 00:04:30,200 --> 00:04:32,839 Speaker 2: I mean, it's the one when you think of prestige university. 75 00:04:32,960 --> 00:04:35,240 Speaker 2: And that's not just I see people saying, Oh, it 76 00:04:35,240 --> 00:04:39,159 Speaker 2: doesn't even really matter that much. Kids from Beijing, kids 77 00:04:39,200 --> 00:04:42,840 Speaker 2: from Hyderabad, kids from all over Western Europe like that, 78 00:04:42,839 --> 00:04:45,360 Speaker 2: from all over the world know what Harvard is and 79 00:04:45,440 --> 00:04:48,080 Speaker 2: want to go there because it has this cachet, this prestige. 80 00:04:48,200 --> 00:04:51,000 Speaker 2: Same reason why even though Yale University is named for 81 00:04:51,080 --> 00:04:54,360 Speaker 2: a slave trader. So he's like to point that out 82 00:04:54,360 --> 00:04:57,159 Speaker 2: to the Yalees and the audience who don't know. Although 83 00:04:57,240 --> 00:04:59,680 Speaker 2: Amhers technically was named for a guy who allegedly gave 84 00:05:00,160 --> 00:05:03,000 Speaker 2: blankets with smallpox on them to the Native Americans. I mean, 85 00:05:03,320 --> 00:05:05,919 Speaker 2: there have been some mistakes made, there's no question in 86 00:05:05,960 --> 00:05:08,680 Speaker 2: the naming of some of these schools. But Yale's never 87 00:05:08,800 --> 00:05:11,200 Speaker 2: changing its name because the value is the name, the 88 00:05:11,320 --> 00:05:15,280 Speaker 2: value is the brand that it confers on people. Same 89 00:05:15,279 --> 00:05:18,839 Speaker 2: thing is true of Harvard. But you know, this is 90 00:05:18,880 --> 00:05:24,680 Speaker 2: a it's not just that she's a DEI higher and 91 00:05:24,720 --> 00:05:27,400 Speaker 2: they say this, well, it's amazing when you talk about 92 00:05:27,480 --> 00:05:31,560 Speaker 2: DEI stuff, Clay, if someone who is left wing says, oh, 93 00:05:31,920 --> 00:05:35,240 Speaker 2: isn't this isn't this phenomenal. Look at this big win 94 00:05:35,640 --> 00:05:39,960 Speaker 2: for diversity, equity, and inclusion Harvard has with the hire 95 00:05:40,120 --> 00:05:43,200 Speaker 2: of this woman. And then somebody else comes along and says, 96 00:05:43,640 --> 00:05:47,040 Speaker 2: you know, I'm opposed to DEI. I don't know what 97 00:05:47,080 --> 00:05:49,719 Speaker 2: the qualifications of this president of Harvard are, but I 98 00:05:49,760 --> 00:05:52,800 Speaker 2: do know that they're telling us that she was hired 99 00:05:52,800 --> 00:05:55,599 Speaker 2: for the following reasons because they're celebrating it. They say, 100 00:05:55,600 --> 00:05:58,560 Speaker 2: you're not allowed to do that. You are you are 101 00:05:58,680 --> 00:06:02,840 Speaker 2: to celebrate equity and not speak of equity. You are 102 00:06:02,880 --> 00:06:07,120 Speaker 2: to celebrate diversity and not speak of diversity. I mean, 103 00:06:07,279 --> 00:06:09,880 Speaker 2: these rules are Soviet feeling. The whole thing is just 104 00:06:10,040 --> 00:06:12,000 Speaker 2: do what I want. There's no rules other than what 105 00:06:12,040 --> 00:06:13,880 Speaker 2: I say totally, which is. 106 00:06:13,839 --> 00:06:16,880 Speaker 1: What and it's totally the opposite of everything that an 107 00:06:16,960 --> 00:06:20,640 Speaker 1: educational institution should stand for, which is to question everything. 108 00:06:21,400 --> 00:06:24,200 Speaker 1: The only I think the only reason to go to 109 00:06:24,279 --> 00:06:27,040 Speaker 1: college in this day and age by in life. And 110 00:06:27,040 --> 00:06:29,440 Speaker 1: now there are exceptions. Right, if you are going to 111 00:06:29,480 --> 00:06:33,000 Speaker 1: be an expert in let's say the hard sciences, right, uh, 112 00:06:33,040 --> 00:06:37,400 Speaker 1: and you really need to get that additional knowledge. Okay, 113 00:06:37,440 --> 00:06:39,880 Speaker 1: But if you're going to go for the humanities, I'm 114 00:06:39,920 --> 00:06:42,880 Speaker 1: a history major, what you are a polycy major? Yeah, 115 00:06:43,200 --> 00:06:46,360 Speaker 1: If you're going to go for something in our fields 116 00:06:46,680 --> 00:06:50,159 Speaker 1: where you basically study and try to you're basically learning 117 00:06:50,240 --> 00:06:53,520 Speaker 1: how to think and getting the tools to allow you 118 00:06:53,600 --> 00:06:56,839 Speaker 1: to grapple with the complexities of modern American life and 119 00:06:56,920 --> 00:07:02,560 Speaker 1: modern global life. If those tools are being used primarily 120 00:07:02,600 --> 00:07:07,000 Speaker 1: to propagandize you and not to challenge your thinking, but 121 00:07:07,080 --> 00:07:11,280 Speaker 1: to insist that you must believe something that's the opposite 122 00:07:11,280 --> 00:07:16,120 Speaker 1: of education, you're not actually gaining anything. And so this 123 00:07:16,160 --> 00:07:19,200 Speaker 1: is why the first hour Buck I said, I I'm 124 00:07:19,280 --> 00:07:21,119 Speaker 1: gonna let my kids pick where they go to school 125 00:07:21,160 --> 00:07:23,760 Speaker 1: where they get in. I do want them to go 126 00:07:23,840 --> 00:07:28,200 Speaker 1: to college, but increasingly this idea of oh, you have 127 00:07:28,280 --> 00:07:31,240 Speaker 1: to go to ex college or you're going to have 128 00:07:31,400 --> 00:07:35,400 Speaker 1: trouble or you're going to gain the meritocracy is why 129 00:07:35,440 --> 00:07:39,200 Speaker 1: those schools have merit right. It's that it's super difficult 130 00:07:39,200 --> 00:07:41,560 Speaker 1: to get in. You have to be very smart. If 131 00:07:41,600 --> 00:07:46,520 Speaker 1: they're propaganda outlets as opposed to educational institutions, the value 132 00:07:46,720 --> 00:07:51,680 Speaker 1: of their degree is being diminished immeasurably. And I'm reminded 133 00:07:51,720 --> 00:07:55,360 Speaker 1: also with this controversy around doctor gay at Harvard. 134 00:07:55,840 --> 00:07:59,040 Speaker 2: Remember the white woman. I don't even know her name 135 00:07:59,080 --> 00:08:01,120 Speaker 2: offhand because we all know she wasn't get around long 136 00:08:01,520 --> 00:08:06,120 Speaker 2: McGill president from University of Pennsylvania gone, So she wasn't 137 00:08:06,160 --> 00:08:07,960 Speaker 2: able to get away with this. I mean, so it's 138 00:08:08,000 --> 00:08:11,160 Speaker 2: not like the rules aren't being made very clear for everybody. 139 00:08:11,160 --> 00:08:15,280 Speaker 2: Some people have invincibility, special protection, they're unfireable, and some 140 00:08:15,320 --> 00:08:19,240 Speaker 2: people aren't. Based on immutable characteristics that the left fields 141 00:08:19,760 --> 00:08:23,880 Speaker 2: are the single most important thing to be advancing in 142 00:08:24,000 --> 00:08:27,640 Speaker 2: society today. The rebalancing of this and the equity and 143 00:08:27,680 --> 00:08:30,360 Speaker 2: inclusion of this and all the rest of it. I 144 00:08:31,000 --> 00:08:35,240 Speaker 2: remember Larry Summers, the former Treasury secretary, was the president 145 00:08:35,280 --> 00:08:40,640 Speaker 2: of Harvard, and he said something about and wasn't even 146 00:08:40,760 --> 00:08:44,800 Speaker 2: you know, particularly controversial I think in some circles because 147 00:08:44,800 --> 00:08:48,160 Speaker 2: he was reciting, you know, research that was done of this. 148 00:08:48,200 --> 00:08:50,360 Speaker 2: But he was citing the difference in male and female 149 00:08:51,400 --> 00:08:54,560 Speaker 2: mathematical ability as evidence by I think fields medal winners 150 00:08:54,559 --> 00:08:57,760 Speaker 2: something like that. This is where I'm going by memory here, folks, 151 00:08:57,760 --> 00:08:59,320 Speaker 2: so we can look it up in a second. But 152 00:08:59,360 --> 00:09:01,680 Speaker 2: he basically said, look, I mean maybe men just tend 153 00:09:01,679 --> 00:09:03,760 Speaker 2: to have more of it. This is known by the way, 154 00:09:03,760 --> 00:09:07,960 Speaker 2: in standardized testing, women tend to have on average a 155 00:09:08,440 --> 00:09:15,280 Speaker 2: stronger verbal and communication ability, and men on standardized tests, 156 00:09:15,400 --> 00:09:18,960 Speaker 2: on average, tend to be better at math and you know, 157 00:09:19,000 --> 00:09:23,679 Speaker 2: spatial awareness, geometry things. Well, am I am I getting 158 00:09:23,720 --> 00:09:24,920 Speaker 2: on the couch about this. 159 00:09:25,280 --> 00:09:27,719 Speaker 1: No, no, I was talking about this last week. You 160 00:09:27,760 --> 00:09:32,200 Speaker 1: can't even reference averages anymore on social media because somebody like, 161 00:09:32,320 --> 00:09:34,520 Speaker 1: I mean, I talk about this in athletics, like men 162 00:09:34,520 --> 00:09:37,520 Speaker 1: are bigger, stronger and faster than women, and then immediately 163 00:09:37,520 --> 00:09:41,960 Speaker 1: what happens some woman's like, I'm stronger than my husband. Okay, 164 00:09:42,360 --> 00:09:48,040 Speaker 1: your individual comparison with another individual doesn't invalidate the average. 165 00:09:48,080 --> 00:09:51,320 Speaker 1: You're one hundred percent right. Women tend to be better 166 00:09:51,400 --> 00:09:56,439 Speaker 1: at verbal acuity. Men tend to be better at mathematical learning. 167 00:09:56,760 --> 00:09:59,880 Speaker 2: And that's a reality. There are those to any of them. This, 168 00:10:00,679 --> 00:10:02,320 Speaker 2: even if you were to control for it and say 169 00:10:02,360 --> 00:10:05,080 Speaker 2: it's just in the last you know, one hundred years 170 00:10:05,160 --> 00:10:08,680 Speaker 2: or so, there are far more men who have reached 171 00:10:08,679 --> 00:10:12,120 Speaker 2: an elite level in mathematics specifically. And you know, by 172 00:10:12,160 --> 00:10:14,720 Speaker 2: the way, I'm bad at math, most of the women 173 00:10:14,720 --> 00:10:16,160 Speaker 2: listening to this right now are better than me at math. 174 00:10:16,240 --> 00:10:17,640 Speaker 2: So to your point, Clay, like, I'm. 175 00:10:17,480 --> 00:10:19,280 Speaker 1: Not great at math, I'm not great at math either, 176 00:10:19,360 --> 00:10:22,079 Speaker 1: worthy exception, I'm far better at verbal Probably not a 177 00:10:22,160 --> 00:10:24,480 Speaker 1: surprise that two guys who talk on the radio would 178 00:10:24,480 --> 00:10:28,080 Speaker 1: be better at the communication side of the intelligence spectrum 179 00:10:28,080 --> 00:10:29,320 Speaker 1: than the raw. 180 00:10:29,120 --> 00:10:31,800 Speaker 2: Analytics on math side of the spectrum. So so people, 181 00:10:31,840 --> 00:10:34,280 Speaker 2: you know, ladies in the audience, please don't start tweeting 182 00:10:34,320 --> 00:10:39,000 Speaker 2: at me quadratic equations. You win, I'll get in my house. 183 00:10:39,120 --> 00:10:42,760 Speaker 1: My wife would dunk on me in mathematical ability, I 184 00:10:42,800 --> 00:10:46,319 Speaker 1: would crush her in verbal ability. That's a flip of 185 00:10:46,360 --> 00:10:47,800 Speaker 1: what would ordinarily. 186 00:10:47,320 --> 00:10:49,360 Speaker 2: Be the case. Who wins a ten k. If you 187 00:10:49,360 --> 00:10:51,280 Speaker 2: guys have to run tomorrow, Oh she would, I'd like, 188 00:10:51,640 --> 00:10:51,960 Speaker 2: I haven't. 189 00:10:52,080 --> 00:10:54,040 Speaker 1: I did the buck I did a half marathon like 190 00:10:54,120 --> 00:10:57,440 Speaker 1: fifteen years ago. I have not run since. Everybody's like, 191 00:10:57,440 --> 00:10:59,840 Speaker 1: you'll feel such a sense of accomplishment when you finished 192 00:10:59,840 --> 00:11:02,240 Speaker 1: the I was like, this is the stupidest decision I 193 00:11:02,320 --> 00:11:05,400 Speaker 1: ever made. I hate running. I don't mind running in sports. 194 00:11:05,640 --> 00:11:08,560 Speaker 1: I hate just running outside over and over again. I think, yeah, 195 00:11:08,640 --> 00:11:10,320 Speaker 1: Carrie would smoke me in a ten k two. 196 00:11:10,360 --> 00:11:14,280 Speaker 2: But when that ketchup bottles really hard to open, boom 197 00:11:14,800 --> 00:11:16,080 Speaker 2: husband comes up huge. 198 00:11:16,200 --> 00:11:17,800 Speaker 1: I would win on a bench press. And if you're 199 00:11:17,880 --> 00:11:19,960 Speaker 1: dating a woman who would beat you on the bench press, 200 00:11:20,360 --> 00:11:23,120 Speaker 1: I would suggest that you better listen to her or 201 00:11:23,440 --> 00:11:26,199 Speaker 1: get to the gym a little bit, you know, also 202 00:11:26,280 --> 00:11:28,800 Speaker 1: do a little bit more time on the bitch. But 203 00:11:29,400 --> 00:11:32,280 Speaker 1: back to Larry Summers. I bring this up because he 204 00:11:32,400 --> 00:11:33,680 Speaker 1: was forced to step down over that. 205 00:11:34,559 --> 00:11:38,000 Speaker 2: So if you really want to understand the rules, white 206 00:11:38,080 --> 00:11:42,800 Speaker 2: guy who was Treasury secretary talks kind of off hand, 207 00:11:43,000 --> 00:11:45,680 Speaker 2: off the cuff. It wasn't testimony before Congress in the 208 00:11:45,720 --> 00:11:49,240 Speaker 2: midst of a massive controversy actually accurate, and what he's 209 00:11:49,240 --> 00:11:52,839 Speaker 2: saying is true as much as might upsetation does matter, 210 00:11:54,320 --> 00:11:56,320 Speaker 2: and he is pushed out and forced to step down. 211 00:11:56,960 --> 00:12:00,880 Speaker 2: Black female president of Harvard says, you know, sometimes people 212 00:12:00,960 --> 00:12:02,920 Speaker 2: got to call for genocide of their fellow students, like 213 00:12:02,960 --> 00:12:08,439 Speaker 2: depends on the context. After being the woke DEI enforcer 214 00:12:08,600 --> 00:12:11,000 Speaker 2: of like your nightmares. You know, oh you didn't use 215 00:12:11,040 --> 00:12:13,600 Speaker 2: the proper pronoun you're you know, you're gone. That's harassment. 216 00:12:14,360 --> 00:12:17,319 Speaker 2: And they have five hundred Harvard faculty members write a 217 00:12:17,400 --> 00:12:20,240 Speaker 2: letter saying she should stay, wait back her one hundred 218 00:12:20,320 --> 00:12:24,320 Speaker 2: percent welcome to America today. These are the actual rules. 219 00:12:24,360 --> 00:12:28,000 Speaker 2: This is who actually rules over you. This DEI system 220 00:12:28,040 --> 00:12:30,760 Speaker 2: and the left, they determine how it all goes. And 221 00:12:30,800 --> 00:12:31,400 Speaker 2: it's a cult. 222 00:12:31,440 --> 00:12:33,320 Speaker 1: And I would just say again, it's not only all 223 00:12:33,360 --> 00:12:36,600 Speaker 1: that she was caught plagiarizing and is being called out 224 00:12:36,640 --> 00:12:42,720 Speaker 1: publicly for the scholarship that justified her PhD and eventually 225 00:12:42,800 --> 00:12:45,839 Speaker 1: her ascension to the powerful throne of president of hert 226 00:12:45,960 --> 00:12:48,840 Speaker 1: that she got. Now, I hate all of this stuff, 227 00:12:48,880 --> 00:12:51,760 Speaker 1: like I hate citations, Buck, A huge part of law school, 228 00:12:51,800 --> 00:12:55,359 Speaker 1: your first year is learning all the freaking Blue Book citations, 229 00:12:55,400 --> 00:12:58,600 Speaker 1: so you're accurate in all the citations that you do 230 00:12:58,720 --> 00:13:02,280 Speaker 1: for court proceedings. I understand why it matters. I wanted 231 00:13:02,320 --> 00:13:04,240 Speaker 1: to ram my head through a computer screen when we 232 00:13:04,240 --> 00:13:05,920 Speaker 1: were learning it. It drove me insane. 233 00:13:06,840 --> 00:13:10,719 Speaker 2: But that is the world that she has chosen to 234 00:13:10,760 --> 00:13:11,320 Speaker 2: be a part of. 235 00:13:11,520 --> 00:13:14,520 Speaker 1: And when you violated, didn't want to restrict the speech 236 00:13:14,600 --> 00:13:18,040 Speaker 1: calling for genocide of Jews. So he got fired just 237 00:13:18,080 --> 00:13:19,000 Speaker 1: for the plagiarism. 238 00:13:19,440 --> 00:13:23,360 Speaker 2: I think that was Again, I don't it was not. 239 00:13:24,040 --> 00:13:28,240 Speaker 1: I'm not an expert on plagiarism. Thankfully, I've written every 240 00:13:28,240 --> 00:13:31,840 Speaker 1: word in my books, but I don't think it was 241 00:13:31,880 --> 00:13:35,200 Speaker 1: as bad as what she did based on I read 242 00:13:35,200 --> 00:13:37,600 Speaker 1: both of those articles. Again, I'm not an expert on 243 00:13:37,760 --> 00:13:40,880 Speaker 1: gradations of plagiarism. And the caller made a great point 244 00:13:40,920 --> 00:13:44,480 Speaker 1: that Biden plagiarized in nineteen eighty eight an entire speech, 245 00:13:44,800 --> 00:13:47,319 Speaker 1: like stole it from a politician in Britain. I think, 246 00:13:49,040 --> 00:13:52,120 Speaker 1: talking about all this background, and now he's president of 247 00:13:52,120 --> 00:13:55,520 Speaker 1: the United States, so maybe it's maybe it's a Democrat 248 00:13:55,679 --> 00:13:58,400 Speaker 1: talking point now that you have to be a great plagiarist. Look, 249 00:13:58,440 --> 00:14:00,760 Speaker 1: I'm headed out of town over the holiday. In fact, 250 00:14:00,840 --> 00:14:02,200 Speaker 1: at the end of this week, Buck will have the 251 00:14:02,240 --> 00:14:05,200 Speaker 1: show next week. I'm going to Australia. I've never been 252 00:14:05,200 --> 00:14:07,520 Speaker 1: to Australia. I cannot wait by way. I don't know 253 00:14:07,520 --> 00:14:10,200 Speaker 1: how many listeners we have in Australia. But if you 254 00:14:10,240 --> 00:14:12,320 Speaker 1: have tips for me on Australia, you can send me 255 00:14:12,360 --> 00:14:15,400 Speaker 1: a DM or an email. But if you're traveling outside 256 00:14:15,400 --> 00:14:17,120 Speaker 1: of the country, maybe you're going to Mexico, maybe you're 257 00:14:17,120 --> 00:14:19,480 Speaker 1: going to the Caribbean, maybe you're going to Canada, wherever 258 00:14:19,520 --> 00:14:22,360 Speaker 1: you may be going. Buck, you were in Scotland, you 259 00:14:22,440 --> 00:14:26,320 Speaker 1: had pure Talk worked fine or fantastic for you, great 260 00:14:26,360 --> 00:14:31,040 Speaker 1: international service. Puretalk, no rate increases. My son is going 261 00:14:31,080 --> 00:14:33,320 Speaker 1: to be taking his phone with him to Australia. He'll 262 00:14:33,320 --> 00:14:36,360 Speaker 1: be using it there. One thousand dollars a year you 263 00:14:36,440 --> 00:14:39,880 Speaker 1: can save with Puretalk. They have the most dependable five 264 00:14:39,920 --> 00:14:42,520 Speaker 1: G network coverage, second to none. You can switch your 265 00:14:42,560 --> 00:14:46,400 Speaker 1: phone service to Puretalk veteran owned wireless company, best customer 266 00:14:46,440 --> 00:14:49,040 Speaker 1: service team, all based in the US and now with 267 00:14:49,160 --> 00:14:53,160 Speaker 1: international roaming to over thirty countries, to England, Italy, Greece, 268 00:14:53,200 --> 00:14:56,600 Speaker 1: the Bahamas. Dial away from your cell phone dial pound 269 00:14:56,680 --> 00:14:59,520 Speaker 1: two fifty. Say the keywords Clay and Buck to make 270 00:14:59,560 --> 00:15:02,520 Speaker 1: the switch. You'll save an additional fifty percent off your 271 00:15:02,560 --> 00:15:06,800 Speaker 1: first month again dial pound two five zero, say Clay 272 00:15:06,840 --> 00:15:10,160 Speaker 1: and Buck to start saving on wireless now. Welcome back 273 00:15:10,200 --> 00:15:14,160 Speaker 1: in Clay Travis buck Sexton show. Coming into the holiday season, 274 00:15:14,200 --> 00:15:15,840 Speaker 1: maybe you start to get a little bit of a sniffle. 275 00:15:15,880 --> 00:15:17,400 Speaker 1: Everybody's running around, got a. 276 00:15:17,320 --> 00:15:17,960 Speaker 2: Lot to do. 277 00:15:19,080 --> 00:15:21,000 Speaker 1: I want to wish the best to our good friend 278 00:15:21,080 --> 00:15:25,320 Speaker 1: Joy Behar. Evidently they're still testing people for COVID at 279 00:15:25,360 --> 00:15:29,000 Speaker 1: the View, and she has tested positive for COVID and 280 00:15:29,120 --> 00:15:30,760 Speaker 1: is out for the entire week. 281 00:15:30,920 --> 00:15:35,600 Speaker 2: Listen, eh, welcome to the June. Joy is out this week. 282 00:15:36,080 --> 00:15:39,040 Speaker 2: You know why she finally got COVID. 283 00:15:40,400 --> 00:15:43,520 Speaker 3: Yeah, see's what we've seen three years, four. 284 00:15:43,440 --> 00:15:46,480 Speaker 2: Years in and finally got her. I can stop bragging down. 285 00:15:48,520 --> 00:15:50,920 Speaker 1: She's probably had COVID two or three times, to be honest, 286 00:15:50,960 --> 00:15:54,000 Speaker 1: because most people who get COVID basically never even know 287 00:15:54,120 --> 00:15:56,120 Speaker 1: they had it, or you think you had a small sniffle. 288 00:15:56,640 --> 00:15:59,360 Speaker 1: So I don't know when this is going to end 289 00:16:00,440 --> 00:16:02,840 Speaker 1: if you are still getting tested for COVID. 290 00:16:03,600 --> 00:16:06,040 Speaker 2: I mean, have you ever been Buck, here's a. 291 00:16:05,960 --> 00:16:08,040 Speaker 1: Good question for you. Have you ever been tested for 292 00:16:08,080 --> 00:16:11,480 Speaker 1: the flu? In your life? 293 00:16:11,720 --> 00:16:14,080 Speaker 2: Once I was so sick that I like went in 294 00:16:14,160 --> 00:16:16,440 Speaker 2: meekly to a doctor and said, I think I have 295 00:16:16,600 --> 00:16:19,640 Speaker 2: the flu. My noses all stuff, and they tested me 296 00:16:19,720 --> 00:16:22,000 Speaker 2: then one time until I had the point in time 297 00:16:22,720 --> 00:16:24,880 Speaker 2: I've had the flu, god knows how many times, like 298 00:16:24,960 --> 00:16:28,080 Speaker 2: so many of you have, I've never tested positive for 299 00:16:28,120 --> 00:16:29,920 Speaker 2: the flu because I've never gone and gotten a test 300 00:16:29,960 --> 00:16:30,240 Speaker 2: for it. 301 00:16:30,760 --> 00:16:33,360 Speaker 1: Who are these people that are still getting COVID tests. 302 00:16:33,600 --> 00:16:35,320 Speaker 1: If you don't feel well and you don't think you 303 00:16:35,320 --> 00:16:38,760 Speaker 1: can go to work, stay home. That's been the standard 304 00:16:38,840 --> 00:16:41,440 Speaker 1: that we put in place for my entire life. But 305 00:16:41,480 --> 00:16:43,400 Speaker 1: the idea that you would feel like, oh, I've got 306 00:16:43,440 --> 00:16:46,080 Speaker 1: to go get a special test to find out exactly 307 00:16:46,120 --> 00:16:48,320 Speaker 1: why I'm you know, sneezing and why I've got a 308 00:16:48,360 --> 00:16:50,120 Speaker 1: small fever, It's crazy to me. 309 00:16:50,200 --> 00:16:53,360 Speaker 2: This also reminds me if you were to read about 310 00:16:52,720 --> 00:16:57,520 Speaker 2: the pandemic of nineteen eighteen, Spanish influenza actually started, they 311 00:16:57,520 --> 00:16:59,760 Speaker 2: believe now in a US military base here, not actually 312 00:16:59,760 --> 00:17:01,880 Speaker 2: in but because in Spain you were allowed to write 313 00:17:01,880 --> 00:17:04,520 Speaker 2: things that weren't censored or that they that's where it 314 00:17:04,560 --> 00:17:08,800 Speaker 2: came up in the press and journalism. Anyway, Why were 315 00:17:08,800 --> 00:17:09,560 Speaker 2: they telling this story? 316 00:17:09,560 --> 00:17:09,679 Speaker 3: Oh? 317 00:17:09,760 --> 00:17:12,880 Speaker 2: Yes, they did the whole masking thing. In different cities. 318 00:17:13,480 --> 00:17:16,000 Speaker 2: If it worked, folks, don't you think they would have continued? 319 00:17:17,160 --> 00:17:19,760 Speaker 2: You know, this is what I was shouting about this 320 00:17:19,760 --> 00:17:21,520 Speaker 2: at the very beginning. I was like, well, why is 321 00:17:21,560 --> 00:17:25,800 Speaker 2: it that we haven't been masking up every flu season 322 00:17:25,920 --> 00:17:28,359 Speaker 2: since then? Because as much as people didn't want to 323 00:17:28,359 --> 00:17:31,080 Speaker 2: admit they were wrong, didn't work. Didn't work then either, 324 00:17:31,200 --> 00:17:34,399 Speaker 2: So didn't really change much, did it. But Fauci's like, 325 00:17:34,520 --> 00:17:37,560 Speaker 2: you know, I thought maybe I needed God when I 326 00:17:37,680 --> 00:17:41,320 Speaker 2: was a Catholic, and then I realized, but I am 327 00:17:41,440 --> 00:17:46,640 Speaker 2: God now you know who Anthony Fauci is. Artificial intelligence, 328 00:17:46,720 --> 00:17:50,600 Speaker 2: my friends, is changing the world and we're just at 329 00:17:50,640 --> 00:17:52,800 Speaker 2: the beginning of it. And it's going to be an 330 00:17:52,800 --> 00:17:56,200 Speaker 2: incredibly powerful tool for a whole lot of things to 331 00:17:56,240 --> 00:17:58,440 Speaker 2: make your life easier and a whole lot of wealth 332 00:17:58,520 --> 00:18:01,840 Speaker 2: generation for the companies that know how to use it 333 00:18:01,880 --> 00:18:03,600 Speaker 2: and are in the right place and do the right 334 00:18:03,640 --> 00:18:06,600 Speaker 2: things When it comes to AI. Tech expert and writer 335 00:18:06,760 --> 00:18:09,800 Speaker 2: Colin Tedard's believes this is the beginning of a new 336 00:18:09,920 --> 00:18:13,639 Speaker 2: era of AI that could make you rich, and when 337 00:18:13,680 --> 00:18:15,520 Speaker 2: the market hit rock bottom a year ago in November 338 00:18:15,600 --> 00:18:19,280 Speaker 2: twenty twenty two, Colin recommended shares of a top software company, 339 00:18:19,520 --> 00:18:22,000 Speaker 2: identifying there was a lot of upside in that company, 340 00:18:22,000 --> 00:18:24,000 Speaker 2: and he was right. It's up over two hundred percent 341 00:18:24,080 --> 00:18:26,640 Speaker 2: since then. So you might want to listen and read Colin. 342 00:18:26,760 --> 00:18:29,080 Speaker 2: Listen to and read Colin's words, because you would have 343 00:18:29,080 --> 00:18:31,080 Speaker 2: for the chance to nearly triple your money in less 344 00:18:31,080 --> 00:18:34,240 Speaker 2: than a year. Go to NEWAI project dot com for 345 00:18:34,359 --> 00:18:36,880 Speaker 2: more on the AI revolution and how you can benefit. 346 00:18:37,400 --> 00:18:42,159 Speaker 2: New aiproject dot com paid for by Brownstone Research. Welcome 347 00:18:42,160 --> 00:18:44,720 Speaker 2: back in everybody, and now we're going to dive into 348 00:18:45,520 --> 00:18:50,080 Speaker 2: an issue that could determine the presidency. I mean it 349 00:18:50,119 --> 00:18:54,160 Speaker 2: could actually have that level of impact on the twenty 350 00:18:54,240 --> 00:18:57,120 Speaker 2: twenty four election. And to break down the legal realities 351 00:18:57,119 --> 00:18:59,760 Speaker 2: of it, our friend Andy McCarthy making the time for us. 352 00:18:59,760 --> 00:19:02,480 Speaker 2: He's a National review and at Fox News twenty plus 353 00:19:02,560 --> 00:19:04,280 Speaker 2: years in the Southern District of New York as a 354 00:19:04,320 --> 00:19:07,560 Speaker 2: federal prosecutor. Andy, can you first just lay it first 355 00:19:07,600 --> 00:19:09,640 Speaker 2: of all, thank you, welcome, great to have you. As always, 356 00:19:10,000 --> 00:19:12,560 Speaker 2: Play's gonna hold off on the baseball questions until the 357 00:19:12,680 --> 00:19:15,520 Speaker 2: end because I'm sure there's some sports stuff you guys 358 00:19:15,520 --> 00:19:17,640 Speaker 2: have to talk about, and I'll drink my coffee. 359 00:19:17,359 --> 00:19:20,200 Speaker 3: But that's one this week, So I'm good. 360 00:19:20,680 --> 00:19:22,880 Speaker 2: Oh there we go, all right, thirty points second half. 361 00:19:22,920 --> 00:19:25,120 Speaker 2: You guys are on fire. I'm apparently a Jets fan. 362 00:19:25,119 --> 00:19:29,520 Speaker 2: I didn't even know it. And Andy, there's big legal move 363 00:19:29,840 --> 00:19:32,679 Speaker 2: by Jack Smith the special counsel. Can you just before 364 00:19:32,680 --> 00:19:34,760 Speaker 2: we get into like the political implications where it's going 365 00:19:34,800 --> 00:19:37,960 Speaker 2: for everybody, what has happened here? Like why is Jack 366 00:19:38,000 --> 00:19:41,040 Speaker 2: Smith trying to accelerate go to the Supreme Court to 367 00:19:41,160 --> 00:19:43,800 Speaker 2: handle what question? And what do you think about what's 368 00:19:43,840 --> 00:19:44,199 Speaker 2: going on? 369 00:19:45,440 --> 00:19:48,280 Speaker 3: So this is one of those weird ones fuck, where 370 00:19:49,080 --> 00:19:54,320 Speaker 3: the timing is as important or maybe even more important 371 00:19:54,320 --> 00:19:58,399 Speaker 3: than the substance of the question at issue, the question 372 00:19:58,520 --> 00:20:04,720 Speaker 3: being whether we're president has immunity from criminal prosecution for 373 00:20:05,000 --> 00:20:10,399 Speaker 3: actions taken within the ambit of his presidential authority that 374 00:20:10,640 --> 00:20:17,320 Speaker 3: later an inferior executive official, namely a prosecutor, decides were criminal, 375 00:20:18,119 --> 00:20:22,480 Speaker 3: So that the question is on immunity from criminal prosecution. 376 00:20:23,520 --> 00:20:27,600 Speaker 3: The reason this issue is important in a way that 377 00:20:27,840 --> 00:20:32,400 Speaker 3: other significant pre trial issues in the case are not 378 00:20:33,560 --> 00:20:37,119 Speaker 3: is that the preference in ceteral law is that you 379 00:20:37,240 --> 00:20:40,160 Speaker 3: try the whole criminal case in front of the trial 380 00:20:40,240 --> 00:20:43,159 Speaker 3: court and then and only then does it go up 381 00:20:43,160 --> 00:20:46,920 Speaker 3: on appeal. So what we call interlocatory appeals or pre 382 00:20:47,000 --> 00:20:51,760 Speaker 3: trial appeals, appeals before the judgment, before the verdict, et cetera. 383 00:20:52,320 --> 00:20:56,479 Speaker 3: They are frowned on. In federal law. The exception is 384 00:20:56,520 --> 00:21:01,320 Speaker 3: a narrow bunch of issues where the question is whether 385 00:21:01,359 --> 00:21:03,960 Speaker 3: it's appropriate to have the trial in the first place. 386 00:21:04,520 --> 00:21:08,320 Speaker 3: One issue I would compare immunity to is like double jeopardy, 387 00:21:08,480 --> 00:21:11,840 Speaker 3: where the offense is not just convicting somebody a second 388 00:21:11,840 --> 00:21:14,240 Speaker 3: time for the same offense, it's actually subjecting them to 389 00:21:14,280 --> 00:21:18,919 Speaker 3: the trial. Immunity is the same kind of issue. The 390 00:21:19,000 --> 00:21:25,480 Speaker 3: question is should trump faith trial on these allegations. The 391 00:21:25,520 --> 00:21:28,879 Speaker 3: reason that's important, and the fact that it's appealable is 392 00:21:28,920 --> 00:21:34,520 Speaker 3: important is because Trump's Trump's strategy here, as Jack Smith knows, 393 00:21:35,000 --> 00:21:40,399 Speaker 3: is delay and the Democrat strategy, jack Smith's strategy is 394 00:21:40,680 --> 00:21:43,080 Speaker 3: get on with the trial and try to get them 395 00:21:43,080 --> 00:21:49,639 Speaker 3: convicted before the election. Right. So that's the counter points here, 396 00:21:50,240 --> 00:21:54,920 Speaker 3: And the problem that Smith has is in federal law, 397 00:21:55,080 --> 00:21:59,400 Speaker 3: once a case gets appealed from the district court, which 398 00:21:59,440 --> 00:22:03,320 Speaker 3: is a trial, then the trial court loses jurisdiction over 399 00:22:03,359 --> 00:22:07,200 Speaker 3: it until the Court of Appeals acts. And in this case, 400 00:22:07,320 --> 00:22:09,440 Speaker 3: you could appeal to the Court of Appeals, which would 401 00:22:09,480 --> 00:22:13,399 Speaker 3: be the District of Columbia Circuit, and then on to 402 00:22:13,480 --> 00:22:17,640 Speaker 3: the Supreme Court. So, knowing this, the Obama appointee who 403 00:22:17,680 --> 00:22:21,320 Speaker 3: has the case, Judge Tanya Chuckin, put immunity on a 404 00:22:21,359 --> 00:22:24,720 Speaker 3: fast track for briefing indecision even faster than the other 405 00:22:25,119 --> 00:22:28,240 Speaker 3: pre trial issues, which are some of them are important, 406 00:22:28,280 --> 00:22:32,199 Speaker 3: some of them are fairly ordinary. She got them to 407 00:22:32,240 --> 00:22:34,520 Speaker 3: brief this quick and then she got a decision done 408 00:22:34,520 --> 00:22:38,399 Speaker 3: December one because she knew Trump would appeal, and Trump did, 409 00:22:38,480 --> 00:22:42,800 Speaker 3: in fact appeal to the District of Columbia Circuit. What 410 00:22:43,280 --> 00:22:47,119 Speaker 3: Smith is afraid of is if the Circuit court doesn't 411 00:22:47,119 --> 00:22:50,840 Speaker 3: expedite and takes too much time to decide, and then 412 00:22:51,080 --> 00:22:54,280 Speaker 3: after if it rules against Trump, after that happens, Trump 413 00:22:54,359 --> 00:22:57,320 Speaker 3: then appeals to the Supreme Court. They could lose their 414 00:22:57,359 --> 00:23:01,440 Speaker 3: scheduled March four trial day. And if the trial slips 415 00:23:01,640 --> 00:23:05,760 Speaker 3: much further past March fourth, then you have this Justice 416 00:23:05,800 --> 00:23:09,760 Speaker 3: Department that pretends to follow this rule that it tries 417 00:23:09,840 --> 00:23:13,040 Speaker 3: not to engage in activities that could have an influence 418 00:23:13,080 --> 00:23:15,840 Speaker 3: over the election. So the later it pushes into the 419 00:23:15,920 --> 00:23:18,679 Speaker 3: ear the less likely it is that you actually have 420 00:23:19,040 --> 00:23:21,320 Speaker 3: a trial of this case, and they're desperate to try 421 00:23:21,320 --> 00:23:23,840 Speaker 3: this case, so he decided to try to cut out 422 00:23:23,840 --> 00:23:26,639 Speaker 3: the Court of Appeals, get to the Supreme Court, and 423 00:23:26,640 --> 00:23:27,680 Speaker 3: get it decided quick. 424 00:23:28,359 --> 00:23:28,719 Speaker 2: Okay. 425 00:23:29,240 --> 00:23:31,280 Speaker 1: So, by the way, I should mention as well that 426 00:23:31,359 --> 00:23:35,000 Speaker 1: as part of Trump's actions to try to delay the court, 427 00:23:35,520 --> 00:23:38,200 Speaker 1: he could also initially, and this is getting into a 428 00:23:38,200 --> 00:23:40,639 Speaker 1: little bit of the weeds, Andy, but initially correct me 429 00:23:40,680 --> 00:23:42,840 Speaker 1: if I'm wrong. This goes to what's called an on 430 00:23:43,200 --> 00:23:46,080 Speaker 1: bonk hearing. Right, Like, there's only like three judges on 431 00:23:46,119 --> 00:23:48,840 Speaker 1: the DC Court of Appeals. Then if you don't like 432 00:23:48,920 --> 00:23:51,600 Speaker 1: that ruling, which I would imagine Trump's probably not going 433 00:23:51,640 --> 00:23:54,720 Speaker 1: to like, then he can appeal, asking the entire DC 434 00:23:55,040 --> 00:23:57,000 Speaker 1: Court of Appeals to hear it, which would be the 435 00:23:57,160 --> 00:24:00,320 Speaker 1: entire group sits and hears before he even had to 436 00:24:00,359 --> 00:24:04,200 Speaker 1: go to the Supreme Court. So there's actually another level 437 00:24:04,359 --> 00:24:07,160 Speaker 1: of a pel a pillot practice that I would imagine 438 00:24:07,200 --> 00:24:08,280 Speaker 1: he would take advantage of. 439 00:24:08,400 --> 00:24:08,600 Speaker 2: Right. 440 00:24:09,240 --> 00:24:12,920 Speaker 3: That's a great point, Clay, and it's not only true, 441 00:24:12,920 --> 00:24:16,520 Speaker 3: but we've seen it. Right. So, even though the DC 442 00:24:16,680 --> 00:24:21,760 Speaker 3: Circuit has eleven active judges, seven Democratic appointees, than for 443 00:24:22,560 --> 00:24:29,800 Speaker 3: Republican appointees. But somehow General Flynn, in his criminal case 444 00:24:29,840 --> 00:24:33,879 Speaker 3: in the District of Columbia, managed to pull a favorable 445 00:24:34,440 --> 00:24:37,800 Speaker 3: panel and it ruled in his favor and said that 446 00:24:37,840 --> 00:24:40,760 Speaker 3: the case against him had to be dismissed. So usually 447 00:24:40,840 --> 00:24:45,040 Speaker 3: these petitions for rehearing on bank are pretty routinely denied 448 00:24:45,080 --> 00:24:46,960 Speaker 3: by the Court of Appeals, but in that case, they 449 00:24:47,000 --> 00:24:50,600 Speaker 3: took it. So you're quite right, that added like another 450 00:24:50,680 --> 00:24:53,080 Speaker 3: month or so to the you know, to what it 451 00:24:53,119 --> 00:24:54,159 Speaker 3: took to decide all that. 452 00:24:54,760 --> 00:24:57,840 Speaker 1: Okay, So what's going on in your mind with what 453 00:24:57,920 --> 00:25:01,520 Speaker 1: the Supreme Court is doing here, because tell me why 454 00:25:01,560 --> 00:25:05,560 Speaker 1: you think that I could be misanalyzing this. I think 455 00:25:05,600 --> 00:25:08,480 Speaker 1: the Supreme Court, if they wanted to, could say I 456 00:25:08,520 --> 00:25:10,479 Speaker 1: looked at their calendar, Hey, we're going to have an 457 00:25:10,600 --> 00:25:13,320 Speaker 1: oral argument on this at the end of April. They 458 00:25:13,359 --> 00:25:16,480 Speaker 1: then would not release a ruling probably until the very 459 00:25:16,640 --> 00:25:19,800 Speaker 1: end of June when their term was up, And by 460 00:25:19,840 --> 00:25:21,879 Speaker 1: the time they did that, I think there would be 461 00:25:21,920 --> 00:25:24,760 Speaker 1: almost no chance of being able to get this trial started, 462 00:25:24,840 --> 00:25:28,359 Speaker 1: jury seated, everything else before we get to the election. 463 00:25:28,960 --> 00:25:32,000 Speaker 2: To me, that would be a way for the court to. 464 00:25:32,040 --> 00:25:36,840 Speaker 1: Basically not really get involved in politics analyze it. But 465 00:25:37,000 --> 00:25:39,879 Speaker 1: then they can say, hey, let people decide this trial 466 00:25:39,960 --> 00:25:42,680 Speaker 1: is not going to happen. So am I missing anything here? 467 00:25:42,800 --> 00:25:44,320 Speaker 1: What is the Supreme Court doing? 468 00:25:44,359 --> 00:25:45,159 Speaker 2: In your mind? 469 00:25:45,640 --> 00:25:49,159 Speaker 1: And if you were assessing this right now, what do 470 00:25:49,200 --> 00:25:53,040 Speaker 1: you think the likelihood is that this case starts on 471 00:25:53,200 --> 00:25:56,600 Speaker 1: March fourth? It seems highly unlikely to me that March 472 00:25:56,680 --> 00:25:58,000 Speaker 1: fourth start is going to happen. 473 00:25:59,200 --> 00:26:01,520 Speaker 3: Well, the report at least is that the Supreme Court 474 00:26:01,640 --> 00:26:04,360 Speaker 3: has indicated it will not it's not only taking the case, 475 00:26:04,400 --> 00:26:08,120 Speaker 3: but it will decide it expeditiously. And that is what 476 00:26:09,760 --> 00:26:14,000 Speaker 3: That's what Smith says he wants. And I the reason 477 00:26:14,040 --> 00:26:18,119 Speaker 3: I sort of put quotes around says or emphasis is 478 00:26:18,760 --> 00:26:21,640 Speaker 3: you know he could lose in the Supreme Court. Yeah, 479 00:26:21,480 --> 00:26:25,440 Speaker 3: when the whole case is done, then basically right, yeah, exactly. 480 00:26:25,640 --> 00:26:29,600 Speaker 3: And this is it's an interesting issue. It's never been 481 00:26:29,640 --> 00:26:33,040 Speaker 3: decided by the Supreme Court. They've ruled that the president 482 00:26:33,119 --> 00:26:38,040 Speaker 3: has immunity from civil lawsuits. They've indicated that they would 483 00:26:38,040 --> 00:26:42,240 Speaker 3: probably come out the opposite way on criminal liability. But 484 00:26:42,359 --> 00:26:46,760 Speaker 3: as I argued in a column over the weekend, the 485 00:26:46,840 --> 00:26:50,080 Speaker 3: difference is back in the time when they made that ruling, 486 00:26:50,920 --> 00:26:54,800 Speaker 3: we had a norm against political prosecutions in this country, 487 00:26:54,800 --> 00:26:58,600 Speaker 3: which I don't think holds anymore. Right, So I think 488 00:26:58,640 --> 00:27:01,680 Speaker 3: that I think Smith is making an error here myself, 489 00:27:02,680 --> 00:27:05,480 Speaker 3: and my advice is worth what he's paying for it, right. 490 00:27:05,880 --> 00:27:10,320 Speaker 3: But I think he'd have been better off because I 491 00:27:10,359 --> 00:27:12,600 Speaker 3: agree with you that the Supreme Court doesn't want any 492 00:27:12,680 --> 00:27:15,159 Speaker 3: part of a case that would enmesh it in the 493 00:27:15,160 --> 00:27:17,600 Speaker 3: politics of twenty twenty four if it could avoid it. 494 00:27:18,200 --> 00:27:21,280 Speaker 3: So I think Smith would have been better off getting 495 00:27:21,320 --> 00:27:24,840 Speaker 3: a decision from the DC Circuit, which highly likely would 496 00:27:24,880 --> 00:27:28,360 Speaker 3: be in his favor, and done expeditiously. And I think 497 00:27:28,400 --> 00:27:30,040 Speaker 3: at that point what the Court would have said is, 498 00:27:30,480 --> 00:27:32,280 Speaker 3: you know what we're we're not going to take the 499 00:27:32,320 --> 00:27:34,640 Speaker 3: case now, because now it would have been Trump appealing, right. 500 00:27:35,000 --> 00:27:36,720 Speaker 3: I think he would have said, we're not going to 501 00:27:36,800 --> 00:27:39,640 Speaker 3: take the case now, But if you know, if there's 502 00:27:39,680 --> 00:27:41,720 Speaker 3: a trial and Trump gets convicted and he goes through 503 00:27:41,720 --> 00:27:44,520 Speaker 3: the appeal, we'll consider the whole thing then, including the immunity, 504 00:27:44,600 --> 00:27:46,320 Speaker 3: and that would get them out of the twenty twenty 505 00:27:46,320 --> 00:27:49,879 Speaker 3: four box, right. And I also think Smith would have 506 00:27:50,119 --> 00:27:52,480 Speaker 3: a stronger hand if he went up to the Supreme 507 00:27:52,520 --> 00:27:55,280 Speaker 3: Court with a favorable ruling from the DC Circuit in 508 00:27:55,320 --> 00:27:58,399 Speaker 3: his pocket, which he's not going to have. On the 509 00:27:58,440 --> 00:28:02,080 Speaker 3: other hand, it's interesting to think about what's going on here. 510 00:28:02,960 --> 00:28:07,440 Speaker 3: It takes four votes of the nine to accept the case. Now, 511 00:28:07,480 --> 00:28:11,240 Speaker 3: because Smith is appealing, I imagine that the three progressive 512 00:28:11,320 --> 00:28:14,960 Speaker 3: judges on the Court would probably have been inclined to 513 00:28:15,080 --> 00:28:17,520 Speaker 3: agree with him and take the case. But I also 514 00:28:17,560 --> 00:28:19,280 Speaker 3: think there's a lot of people on the Court who 515 00:28:19,320 --> 00:28:22,800 Speaker 3: are not going to like this case at all, not 516 00:28:22,880 --> 00:28:26,000 Speaker 3: just the immunity issue, which in this day and age 517 00:28:26,000 --> 00:28:28,879 Speaker 3: where you have politicized prosecution, I think that may worry 518 00:28:28,920 --> 00:28:32,160 Speaker 3: them because the rationale for giving a president immunity from 519 00:28:32,200 --> 00:28:36,320 Speaker 3: civil suit I don't see any difference from criminal liability. 520 00:28:36,640 --> 00:28:38,760 Speaker 3: But the other thing is, I think Trump has always 521 00:28:38,800 --> 00:28:41,080 Speaker 3: wanted to get this case and from the Supreme Court, 522 00:28:41,640 --> 00:28:45,520 Speaker 3: because these four charges that Smith has brought to me 523 00:28:46,120 --> 00:28:49,680 Speaker 3: are very extravagant interpretations of law, and some of them 524 00:28:49,720 --> 00:28:54,080 Speaker 3: fly in the face of some Supreme Court authority. I 525 00:28:54,120 --> 00:28:56,160 Speaker 3: think there's going to be justices on this Court that 526 00:28:56,280 --> 00:29:00,720 Speaker 3: don't like this case and see that Bit is trying 527 00:29:00,760 --> 00:29:03,240 Speaker 3: to expedite it. Not for a reason a prosecutor is 528 00:29:03,240 --> 00:29:06,240 Speaker 3: supposed to Act, which would be consistent with the law, 529 00:29:06,560 --> 00:29:10,280 Speaker 3: but for purely political purposes. You know, prosecute is not 530 00:29:10,320 --> 00:29:12,560 Speaker 3: supposed to worry about who's going to win the election 531 00:29:13,280 --> 00:29:16,560 Speaker 3: and whether he'll pardon himself and all that. That's not 532 00:29:16,640 --> 00:29:20,360 Speaker 3: a law enforcement concern. That's a political concern. So I 533 00:29:20,360 --> 00:29:24,160 Speaker 3: think there'll be a number of justices who are offended 534 00:29:24,200 --> 00:29:28,640 Speaker 3: by this. The trajectory of the jurisprudence. To me, it 535 00:29:28,800 --> 00:29:33,520 Speaker 3: makes it likely that they deny him immunity. But I 536 00:29:33,520 --> 00:29:35,880 Speaker 3: don't think it's a sure thing. And I think Smith 537 00:29:35,920 --> 00:29:37,000 Speaker 3: could very well lose this. 538 00:29:37,040 --> 00:29:39,640 Speaker 2: Case, and if that happens, it's game over, right Andy, 539 00:29:39,760 --> 00:29:41,760 Speaker 2: Just to be clear, if you're right, I mean, then 540 00:29:41,800 --> 00:29:45,400 Speaker 2: the whole DC case goes away. What do you I mean? Look, 541 00:29:45,440 --> 00:29:47,000 Speaker 2: I know we're asking for a lot here for you 542 00:29:47,040 --> 00:29:51,040 Speaker 2: to pull out the McCarthy crystal ball. Between now and 543 00:29:51,320 --> 00:29:54,560 Speaker 2: whenever this thing is, it's clear how it's all going. 544 00:29:54,600 --> 00:29:58,040 Speaker 2: How do you think the DC case is resolved one 545 00:29:58,080 --> 00:29:58,680 Speaker 2: way or another? 546 00:30:00,080 --> 00:30:04,160 Speaker 3: I think the likelihood this is not what I want 547 00:30:04,200 --> 00:30:05,840 Speaker 3: to happen, and I think there's a good chance it 548 00:30:05,840 --> 00:30:07,840 Speaker 3: won't happen this way. But if I know, gun to 549 00:30:07,920 --> 00:30:10,480 Speaker 3: my head, absolutely what I think will happen. I think 550 00:30:10,480 --> 00:30:13,080 Speaker 3: the court decides either five to four or six to 551 00:30:13,160 --> 00:30:16,680 Speaker 3: three that Trump does not have immunity. They do it 552 00:30:16,720 --> 00:30:20,760 Speaker 3: expeditiously enough that Chucken can Judge Chuckkin can have her 553 00:30:20,840 --> 00:30:24,160 Speaker 3: trial on March fourth. And I'm afraid what happens is 554 00:30:25,600 --> 00:30:28,440 Speaker 3: after a two to three month trial in DC, which 555 00:30:28,480 --> 00:30:31,960 Speaker 3: is a hostile jury pool with a hostile judge, Trump 556 00:30:32,040 --> 00:30:34,440 Speaker 3: gets convicted on at least one of the four counts, 557 00:30:35,040 --> 00:30:37,440 Speaker 3: and then we're going to be you guys and I 558 00:30:37,520 --> 00:30:39,800 Speaker 3: are going to be sitting around scratching our heads wondering 559 00:30:41,240 --> 00:30:44,200 Speaker 3: does he get sentenced to prison? Because if he gets 560 00:30:44,200 --> 00:30:46,760 Speaker 3: convicted on one of these counts, it's probably the sentencing 561 00:30:46,800 --> 00:30:50,080 Speaker 3: guidelines are probably going to call for a sentence of 562 00:30:50,120 --> 00:30:54,960 Speaker 3: some incarceration. Usually a defendant gets sentenced three months after 563 00:30:55,000 --> 00:30:59,400 Speaker 3: the jury rules, and the preference in federal law is 564 00:30:59,440 --> 00:31:02,760 Speaker 3: that a defendant who's convicted and sentenced to a term 565 00:31:02,800 --> 00:31:07,800 Speaker 3: of imprisonment has to be remanded pending appeal. And the 566 00:31:07,840 --> 00:31:09,640 Speaker 3: only way that you can get around that is if 567 00:31:09,640 --> 00:31:13,160 Speaker 3: the judge says, I believe there's some you know, profound 568 00:31:13,360 --> 00:31:19,239 Speaker 3: error or question in this record that would possibly, uh 569 00:31:19,840 --> 00:31:23,080 Speaker 3: you know bode wealth hit for Trump on appeal. District 570 00:31:23,120 --> 00:31:25,440 Speaker 3: judges who've tried cases don't like to signal to the 571 00:31:25,440 --> 00:31:29,440 Speaker 3: Court of Appeals that there's a big error in their record. 572 00:31:29,280 --> 00:31:31,520 Speaker 1: So it'd be you think they would put him in 573 00:31:31,560 --> 00:31:33,840 Speaker 1: costs if he were convicted and basically put him in 574 00:31:33,840 --> 00:31:34,920 Speaker 1: prison pending appeal. 575 00:31:36,040 --> 00:31:38,080 Speaker 3: Yeah, I don't know how that would work, Lay, because 576 00:31:38,120 --> 00:31:40,800 Speaker 3: we've never had a situation that I know of where 577 00:31:40,800 --> 00:31:45,000 Speaker 3: you had a secret service propemy. So you know, they 578 00:31:45,040 --> 00:31:47,120 Speaker 3: could give him home confinement. They could come up with 579 00:31:47,200 --> 00:31:48,200 Speaker 3: a bunch of stuff. 580 00:31:48,480 --> 00:31:50,640 Speaker 1: But in the middle of the election though, because we're 581 00:31:50,680 --> 00:31:53,520 Speaker 1: talking about this conviction, if it happened coming down, you know, 582 00:31:53,680 --> 00:31:56,600 Speaker 1: June or July right under this timeframe, if they started 583 00:31:56,600 --> 00:31:57,560 Speaker 1: on March four, they. 584 00:31:58,280 --> 00:32:01,480 Speaker 3: I'd say, May, yeah, late May, early June. 585 00:32:01,560 --> 00:32:03,840 Speaker 1: Right, by the way, can you come back with us 586 00:32:03,840 --> 00:32:05,400 Speaker 1: for one quick hit, because we didn't even ask you 587 00:32:05,400 --> 00:32:07,680 Speaker 1: about Hunter Biden. But I'm curious what you think of 588 00:32:07,760 --> 00:32:09,720 Speaker 1: the charges that were brought against Hunter Biden. 589 00:32:09,720 --> 00:32:11,920 Speaker 2: All right, we'll get into that in a second. I 590 00:32:11,960 --> 00:32:14,400 Speaker 2: told you all that this past weekend I was out 591 00:32:14,440 --> 00:32:16,040 Speaker 2: of the range, and you know, I'm just trying to 592 00:32:16,040 --> 00:32:18,440 Speaker 2: get better every time right. I just think that I 593 00:32:18,520 --> 00:32:20,160 Speaker 2: want to be as accurate as I can be. I 594 00:32:20,160 --> 00:32:21,600 Speaker 2: want to be as proficient as I can be with 595 00:32:21,640 --> 00:32:24,520 Speaker 2: my firearms, and a lot of that comes from range time, 596 00:32:24,600 --> 00:32:27,720 Speaker 2: but also from home time training. And now, how do 597 00:32:27,760 --> 00:32:30,000 Speaker 2: you do that? Obviously can't be shoot guns in my home. 598 00:32:30,240 --> 00:32:34,680 Speaker 2: The Mantis X system. Mantis X allows you to train 599 00:32:34,800 --> 00:32:37,920 Speaker 2: at home. It's all electronic, no AMMO involved, which also 600 00:32:37,920 --> 00:32:40,600 Speaker 2: means it's very cost effective, and it lets you do 601 00:32:40,720 --> 00:32:45,520 Speaker 2: dry fire practice that is data driven and it's almost 602 00:32:45,560 --> 00:32:47,480 Speaker 2: like a game that you set up for yourself. You 603 00:32:47,520 --> 00:32:49,960 Speaker 2: attach the mantus X system to your firearm like a 604 00:32:50,000 --> 00:32:52,720 Speaker 2: weapon light, You download the app to your phone, and 605 00:32:52,800 --> 00:32:55,720 Speaker 2: then you just work on drills and courses that you're 606 00:32:55,720 --> 00:32:59,040 Speaker 2: getting real time feedback as you go through, so that 607 00:32:59,120 --> 00:33:02,360 Speaker 2: your trigger pull so alignment, the basics of marksmanship and 608 00:33:02,480 --> 00:33:05,520 Speaker 2: proficiency with your firearm are just getting better and better. 609 00:33:06,080 --> 00:33:08,480 Speaker 2: Ninety percent of people see improvement with the Mantus X 610 00:33:08,480 --> 00:33:10,120 Speaker 2: in less than half an hour of use. I mean 611 00:33:10,160 --> 00:33:12,800 Speaker 2: real improvement. You're like, wow, I'm getting better. So it's 612 00:33:12,840 --> 00:33:16,040 Speaker 2: a great way to improve your shooting accuracy, which makes 613 00:33:16,040 --> 00:33:18,800 Speaker 2: going to range more fun and makes you somebody that 614 00:33:19,000 --> 00:33:22,440 Speaker 2: is more proficient with your firearms. Go get your mantis 615 00:33:22,560 --> 00:33:24,520 Speaker 2: X today. Great gift for yourself or for a love 616 00:33:24,600 --> 00:33:27,520 Speaker 2: one this holiday season. Who has firearms mantis x Go 617 00:33:27,600 --> 00:33:32,800 Speaker 2: to mantisx dot com. That's m A n tis x 618 00:33:33,000 --> 00:33:36,960 Speaker 2: dot com. You don't know what's you don't know right, 619 00:33:37,480 --> 00:33:38,080 Speaker 2: but you should. 620 00:33:38,480 --> 00:33:41,840 Speaker 3: On the Sunday Hang with Clay and Buck Bodjazz. 621 00:33:41,560 --> 00:33:44,520 Speaker 1: Quick turnback here close out hour number two. Remember Tucker 622 00:33:44,520 --> 00:33:47,000 Speaker 1: Carlson's gonna be with us in the third hour Klay 623 00:33:47,000 --> 00:33:50,040 Speaker 1: Travis Bucks Exton show. Right now, we've got Andy McCarthy 624 00:33:50,120 --> 00:33:54,760 Speaker 1: with us. Andy, your take on the Hunter Biden indictments 625 00:33:54,880 --> 00:33:59,640 Speaker 1: three felony, six misdemeanors tax related charges out of California 626 00:33:59,800 --> 00:34:02,000 Speaker 1: is what and where do we go from here? 627 00:34:03,160 --> 00:34:08,840 Speaker 3: Well? I think the indictment has everybody's attention on the 628 00:34:08,880 --> 00:34:12,759 Speaker 3: salacious details of how he spent the money, whereas the 629 00:34:13,120 --> 00:34:18,880 Speaker 3: important thing for national security and you know, national interests 630 00:34:19,040 --> 00:34:22,480 Speaker 3: is how they generated the money, which it seems to 631 00:34:22,520 --> 00:34:26,560 Speaker 3: me that the prosecutor has tried to stay not only 632 00:34:26,640 --> 00:34:29,360 Speaker 3: stay clear of, but dragged his feat to bring the 633 00:34:29,440 --> 00:34:33,120 Speaker 3: charges because a lot of the most egregious behavior happened 634 00:34:33,160 --> 00:34:37,759 Speaker 3: between twenty fourteen and twenty sixteen when Joe Biden was 635 00:34:38,239 --> 00:34:42,120 Speaker 3: vice president. Those that activity is now beyond the statute 636 00:34:42,120 --> 00:34:45,040 Speaker 3: of limitations and can't be charged. So, you know, there's 637 00:34:45,040 --> 00:34:47,799 Speaker 3: a lot of very interesting stuff about Hunter, but I 638 00:34:47,800 --> 00:34:51,120 Speaker 3: think Hunter's kind of a side show in this except 639 00:34:51,120 --> 00:34:55,600 Speaker 3: to the extent that this shows how hard the Biden 640 00:34:55,760 --> 00:34:58,560 Speaker 3: Justice Department worked to protect the president. And the big 641 00:34:58,600 --> 00:35:03,520 Speaker 3: issue to me is what did those foreign regimes, corrupt regimes, 642 00:35:03,520 --> 00:35:06,560 Speaker 3: anti American regimes, what did they think they were getting 643 00:35:06,600 --> 00:35:09,560 Speaker 3: by pouring twenty four million dollars into the Biden family 644 00:35:09,600 --> 00:35:11,800 Speaker 3: caffers for over a five year period. 645 00:35:12,400 --> 00:35:14,160 Speaker 2: Where do you think that where do you think it goes? Andy? 646 00:35:14,200 --> 00:35:16,839 Speaker 2: Does Hunter just end up getting pardoned either you know, 647 00:35:16,960 --> 00:35:20,160 Speaker 2: right before he'd be incarcerated or right after the election 648 00:35:20,360 --> 00:35:20,520 Speaker 2: or what? 649 00:35:21,520 --> 00:35:24,880 Speaker 3: Yeah, I think it'd be after the election, But I wouldn't. 650 00:35:24,920 --> 00:35:28,120 Speaker 3: You know, a lot of people observe to me that like, 651 00:35:28,239 --> 00:35:30,680 Speaker 3: nothing's going to happen here. And the only the only 652 00:35:30,680 --> 00:35:32,440 Speaker 3: thing I would say about this is if you go 653 00:35:32,640 --> 00:35:37,959 Speaker 3: back to the to the House investigation that began in January, 654 00:35:38,640 --> 00:35:41,280 Speaker 3: based on a lot of hard work by Senators Grassley 655 00:35:41,560 --> 00:35:46,200 Speaker 3: and Johnson and all that testimony from the whistleblowers. This 656 00:35:46,239 --> 00:35:49,840 Speaker 3: has been very damaging to the president, really damaging. 657 00:35:51,840 --> 00:35:56,120 Speaker 2: Yeah, Nicole's do show. Biden is really floundering. So something's 658 00:35:56,200 --> 00:35:59,319 Speaker 2: up for sure, Clay. Do you want to talk some 659 00:35:59,400 --> 00:36:01,040 Speaker 2: smack about the Jets or something? They only got like 660 00:36:01,040 --> 00:36:02,000 Speaker 2: twenty seconds? Yeah? 661 00:36:02,040 --> 00:36:03,600 Speaker 1: No, Andy, what did you think? By the way, I 662 00:36:03,600 --> 00:36:04,960 Speaker 1: don't think we've mentioned it on the show. What do 663 00:36:05,040 --> 00:36:07,359 Speaker 1: you think about the seven hundred million that show Hey 664 00:36:07,400 --> 00:36:11,319 Speaker 1: got for the Dodgers. Good move, bad move by the Dodgers. 665 00:36:11,400 --> 00:36:13,719 Speaker 3: Yeah, I thought that was insane, But I understand that 666 00:36:13,800 --> 00:36:16,560 Speaker 3: Dodgers make it. You know, they have some like streaming rights, 667 00:36:16,560 --> 00:36:20,040 Speaker 3: the television rights that Japan which like goes crazy every 668 00:36:20,040 --> 00:36:22,279 Speaker 3: time he plays, So they're gonna make if they're gonna 669 00:36:22,280 --> 00:36:24,320 Speaker 3: make effect just in the CD must. 670 00:36:24,920 --> 00:36:28,400 Speaker 1: It is pretty wild. Congrats on the Jets. I'm sorry 671 00:36:28,400 --> 00:36:31,440 Speaker 1: that your Mets are never gonna win anything ever that matters. 672 00:36:31,480 --> 00:36:35,520 Speaker 2: Again, he's Andy McCarthy. Wow, we love you. Andy. Don't 673 00:36:35,560 --> 00:36:36,080 Speaker 2: listen to this