WEBVTT - Sam Adler-Bell & Stephen Vladeck

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<v Speaker 1>Hi, I'm Molly John Fast and this is Fast Politics,

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<v Speaker 1>where we discussed the top political headlines with some of

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<v Speaker 1>today's best minds, and former Congressman George Santos has been

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<v Speaker 1>sentenced to eighty seven months in prison. We have such

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<v Speaker 1>a great show for you today. Know your enemy is

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<v Speaker 1>Sam Adler. Bell stops by to talk about the arrest

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<v Speaker 1>of the Wisconsin judge and all the authoritarian fuckery. Then

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<v Speaker 1>we'll talk to the Shadow Docket author Stephen Vladdock about

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<v Speaker 1>whether or not the Trump administration can do that legally.

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<v Speaker 1>Spoiler they cannot, Samali.

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<v Speaker 2>I think we have seen a new aggression in Trump's

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<v Speaker 2>authoritarian rule. Cash Pattel announced that they're going to bring

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<v Speaker 2>a judge up on obstruction charges, and Pam Bondi has

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<v Speaker 2>doubled down.

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<v Speaker 3>Let's hear what she has to say.

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<v Speaker 4>To our judiciary is beyond me.

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<v Speaker 5>So when the American public hears this and they think

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<v Speaker 5>these were once substanding people in their communities and their

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<v Speaker 5>professions and they put it all on the line for this,

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<v Speaker 5>Have you dug into their motive, like what inspired them

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<v Speaker 5>to carry out these acts?

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<v Speaker 1>In harbor criminals? They're deranged.

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<v Speaker 4>It's all I can think of I cannot believe. I

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<v Speaker 4>think some of these judges think they are beyond and

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<v Speaker 4>above the law, and they are not. And we're sending

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<v Speaker 4>a very strong message today. If you are harboring a fugitive,

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<v Speaker 4>we don't care who you are. If you are helping

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<v Speaker 4>hide one, if you are giving a TDA member guns,

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<v Speaker 4>anyone who is illegally in this country, we will come

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<v Speaker 4>after you and we will prosecute you.

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<v Speaker 1>You know, the false equivalency here is staggering. If you're

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<v Speaker 1>giving somebody guns or trying to keep them from being

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<v Speaker 1>arrested by ICE goons who are not wearing police costs. Right,

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<v Speaker 1>Like we've seen these videos of these ICE members in

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<v Speaker 1>playing clothes. They arrested a student in a hedge job

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<v Speaker 1>because she'd written an op ed. You'll remember that that

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<v Speaker 1>happened in Boston. So look, man, First of all, being

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<v Speaker 1>in this country illegally was not a crime. It was

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<v Speaker 1>not a criminalized crime until Donald Trump made it so

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<v Speaker 1>right before that, it was a civil crime. That's number one.

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<v Speaker 1>Number two, ICE was not supposed to go to courthouses.

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<v Speaker 1>That's a new Trump thing. I mean, this is the

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<v Speaker 1>thing about this administration. They're changing laws really fast and

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<v Speaker 1>saying that it's Democrats who are doing something wrong. But

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<v Speaker 1>all of these are new laws, right, like that ice

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<v Speaker 1>can go to schools, that ice can go to courthouses,

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<v Speaker 1>that ice can go to hospitals. And then they're losing

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<v Speaker 1>in the courts. So you'll remember that this Supreme Court,

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<v Speaker 1>which is the most conservative court ever, the one that

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<v Speaker 1>overturned Roe v. Wade, a nineteen seventy three statute. This

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<v Speaker 1>Supreme Court ruled nine zero that even if you're not

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<v Speaker 1>a citizen, you still have the right to do process.

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<v Speaker 1>Think about that for a minute. Okay, Trump administration had

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<v Speaker 1>said migrants, illegal immigrants do not have the right to

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<v Speaker 1>do process. Well, guess what the fucking Supreme Court said

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<v Speaker 1>they do. So let me tell you something. Pambondi may

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<v Speaker 1>be very pretty, but she is wrong, and she's wrong.

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<v Speaker 1>These are not people doing criminal activities. These are people

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<v Speaker 1>listening to their consciences. And here is a moment in

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<v Speaker 1>American life where we all know that what the Trump

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<v Speaker 1>administration is doing is wrong and often illegal. And you'll remember,

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<v Speaker 1>the Supreme Court said that Donald Trump needed to bring

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<v Speaker 1>back Garcia, right, and he has not brought back Garcia.

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<v Speaker 1>He's in Seacott in El Salvador, and had he not

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<v Speaker 1>been sent there, none of this would have happened. So

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<v Speaker 1>do not comply. Peacefully pushback. The lesson from Harvard can

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<v Speaker 1>be a lesson to all of us, which is none

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<v Speaker 1>of this is legal, none of this is okay. You

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<v Speaker 1>need to stand up, just like this judge did. The

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<v Speaker 1>chances that this judge ends up in jail are zero

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<v Speaker 1>because this is crazy, because this administration is acting in

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<v Speaker 1>a way that is illegal and there should be no

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<v Speaker 1>question about it. And she can say whatever she wants

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<v Speaker 1>on Fox News, but we all know the truth.

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<v Speaker 3>Yes, And speaking of the truth, Molly.

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<v Speaker 2>Many people are saying that mister Trump in his one

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<v Speaker 2>hundred Days interview with Time Magazine was not sounding like

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<v Speaker 2>his mental faculties are so good. They did not sound

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<v Speaker 2>like they're the greatest. They did not sound like they're

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<v Speaker 2>the greatest ever. They did not sound like they're doing great.

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<v Speaker 2>Everybody's saying this.

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<v Speaker 1>It's pretty funny, though. I Mean, the one thing I

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<v Speaker 1>will say is it's amazing. So when you listen to

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<v Speaker 1>Trump's incredible. Actually, I was on the train going to

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<v Speaker 1>the District of Columbia today and I listened to the

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<v Speaker 1>Time magazine they publish the entire transcript, And I implore

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<v Speaker 1>you listen to a Trump transcript, because you forget when

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<v Speaker 1>when journalists right about Trump, they never make him sound

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<v Speaker 1>quite as bat shit as he really does in real life.

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<v Speaker 1>And when you put his ramblings together, it is just

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<v Speaker 1>incredible stuff. So do yourself a favor. Take a few

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<v Speaker 1>minutes to listen to that Time magazine transcript of Donald

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<v Speaker 1>Trump saying things like, I mean, basically, the man thinks

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<v Speaker 1>Jerome Pal is responsible for all his problems. And let

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<v Speaker 1>me tell you a secret, Jerome Pal is very much

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<v Speaker 1>non responsible for all of Donald Trump's problems.

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<v Speaker 2>Yeah, I think that that's his own bad instincts. Speaking

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<v Speaker 2>of his own bad instincts. When asked about a millionaire

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<v Speaker 2>tax hike, Trump said, I love the concept, but it

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<v Speaker 2>may not be acceptable to the public.

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<v Speaker 1>Get the public. That public is not your problem, honey.

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<v Speaker 1>Your problem is your donors and yourself should be a

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<v Speaker 1>millionaire tax apps fucking looney. But is Donald Trump going

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<v Speaker 1>to do it? No fucking why. I mean, the man

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<v Speaker 1>was put in the job to extend the tax cut.

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<v Speaker 1>You know, there's one smart person in this entire administration,

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<v Speaker 1>and his name is Steve Bannon and Steve Bannon knows

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<v Speaker 1>that if you passed a millionaire's tax, it would be

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<v Speaker 1>incredibly good for this administration because then Democrats couldn't push

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<v Speaker 1>back on a lot of stuff. But you know what's

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<v Speaker 1>going to happen, not that.

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<v Speaker 3>I got to disagree with you.

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<v Speaker 2>I think he's going to adopt big structural bailly from

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<v Speaker 2>Elizabeth Ward, and he's going to take the two petties

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<v Speaker 2>and he's going to text the millionaires just like you

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<v Speaker 2>said it.

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<v Speaker 1>Yes, he's the millionaires and the billionaires.

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<v Speaker 3>Yeah.

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<v Speaker 2>You know who he looks to for policy proposals, Elizabeth Warren.

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<v Speaker 1>He loves Elizabeth Warren. Yeah, No, that is not happening.

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<v Speaker 2>We would be remiss, though, to say that nearly every

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<v Speaker 2>poll on this subject shows that has overwhelming support by

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<v Speaker 2>large margins.

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<v Speaker 3>We very rarely see.

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<v Speaker 1>No, this is absolutely true. But there is absolutely no way.

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<v Speaker 1>There's zero chance that Donald Trump enacts progressive taxation. Zero chance.

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<v Speaker 1>And by the way, this is like one of these

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<v Speaker 1>things where even reporting on it is kind of malpracticed

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<v Speaker 1>because the whole ethos of the Republican Party is letting

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<v Speaker 1>their friends get away with stuff. So whatever, sure, okay,

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<v Speaker 1>it's not happening.

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<v Speaker 2>Crony capitalism is the brand, yeah, Cronyism and stupidity is

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<v Speaker 2>the brand.

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<v Speaker 3>Yeah. Yeah.

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<v Speaker 2>So the DNC, who we let's be honest, where you

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<v Speaker 2>worry about which direction they're heading in, have given a

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<v Speaker 2>pretty good indicator to us that they're maybe getting a

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<v Speaker 2>clue since they are now embracing formerd DNC chair Howard

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<v Speaker 2>Dean's fifty state strategy and they say they're going to

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<v Speaker 2>organize everywhere.

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<v Speaker 1>Don't they always embrace the fifty state strategy.

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<v Speaker 3>Hasn't that been Robert Manuel said absolutely not. Fuck that,

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<v Speaker 3>under no circumstance. That was the Howard Dean ram Emanuel War.

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<v Speaker 1>Okay, I mean I don't know. I mean yes, listen,

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<v Speaker 1>I love Howard Dean. He's a frequent guest of this podcast.

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<v Speaker 1>Do I think that they should do it? Of course

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<v Speaker 1>they should do a fucking but Trump's polling is now

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<v Speaker 1>almost lower than it was in his first administration when

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<v Speaker 1>we had COVID and none of us could leave the house. Okay,

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<v Speaker 1>he is crashing and burning, and Democrats, it would be

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<v Speaker 1>malpracticed not to run someone in every fucking seat. That's Oklahoma,

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<v Speaker 1>that's Ohio, that's all of those red state seats because

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<v Speaker 1>the truth is Trump is not a good candidate. He's

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<v Speaker 1>running a wildly unpopular agenda. I think it's very likely

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<v Speaker 1>we're going to see why we have a government regulation

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<v Speaker 1>to avoid the kind of catastrophes that ineverently are going

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<v Speaker 1>to happen when you don't have government regulation.

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<v Speaker 3>Sounds right to me.

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<v Speaker 1>Sam Adler bel is the co host of the famous

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<v Speaker 1>Know You're Enemy podcast. Welcome to Fast Politics, Sam.

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<v Speaker 6>Hi, great to be here, Great to meet you.

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<v Speaker 1>Yeah, it's great to meet you. I think of you

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<v Speaker 1>as like just a very smart person who is good

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<v Speaker 1>at talking.

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<v Speaker 3>Oh that's good.

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<v Speaker 6>I hope I live up to your expectations. You set

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<v Speaker 6>the bar high for your listeners.

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<v Speaker 1>I think we have to talk about this. So they

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<v Speaker 1>arrested a judge in Wisconsin. She's a county judge elected partisan.

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<v Speaker 1>But here's the real I feel like this concerning truth.

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<v Speaker 1>She's partisan in that she believes that people should rule

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<v Speaker 1>of lights right. She believes in the rule, but she

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<v Speaker 1>also believes like people should have rights even if they

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<v Speaker 1>are not in this country legally, which is also something

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<v Speaker 1>that our very conservative Supreme Court believes. So make it

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<v Speaker 1>make sense.

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<v Speaker 6>Yeah, that is just any abstract something that's very concerning

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<v Speaker 6>about this political moment that you can that we all

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<v Speaker 6>would have to agree. Yeah, well, she's a partisan, But

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<v Speaker 6>what that means nowadays is that one party cares at

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<v Speaker 6>all about the rules, norms, laws, constitutional legality, and one

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<v Speaker 6>of them does not. And so what does nonpartisan mean anymore?

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<v Speaker 6>I find it pretty disturbing. I don't know the details

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<v Speaker 6>of this case. What were the circumstances of her arrest?

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<v Speaker 6>I mean, I read the headlines.

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<v Speaker 1>So the Washington Post has a story. Again, this is

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<v Speaker 1>like one of these things where it's a new story,

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<v Speaker 1>it's just reported on so there's more facts coming up.

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<v Speaker 1>But the Washington Post had a story on it. She

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<v Speaker 1>was in trouble because she had an illegal immigrant in

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<v Speaker 1>her courtroom for a battery charge, which is not related

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<v Speaker 1>to his This is like, again, these are the results

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<v Speaker 1>of criminalizing what has not been until the Trump administration

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<v Speaker 1>a criminal activity, which is being in this country legally, right.

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<v Speaker 1>That was not a criminal activity until trump Ism criminalized it.

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<v Speaker 1>It was not a criminal activity, and now it is.

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<v Speaker 1>So this judge who let this man go out a

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<v Speaker 1>different door because Ice was waiting outside of the courtroom

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<v Speaker 1>to get him again, something that is a new Trump phenomenon,

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<v Speaker 1>having ice allowed in federal or state court hases, and

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<v Speaker 1>he was chased down by ice that arrested. These aren't

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<v Speaker 1>these same ICE agents who we've seen arresting people, you know,

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<v Speaker 1>wearing plain clothes covering their faces. There may be some connection.

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<v Speaker 1>Some of them are connected to local militias, right, we

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<v Speaker 1>saw that in reporting in the Washington Post. She has

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<v Speaker 1>been arrested now. So the question is all of these

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<v Speaker 1>are new circumstances brought to bear because of trump Ism,

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<v Speaker 1>because Trump has changed the designation of certain crimes. But

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<v Speaker 1>the question is like does this mean and again, this

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<v Speaker 1>is like yet another moment of like are we on

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<v Speaker 1>a constitutional grisis? Ice is certainly acting in a way

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<v Speaker 1>they did not act with any other president ever.

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<v Speaker 6>Yeah, And the kinds of situations where you don't know

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<v Speaker 6>how dire or how far along the path to full

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<v Speaker 6>authoritarianism we are produces these kinds of moments where someone

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<v Speaker 6>like this judge or someone else in a position of

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<v Speaker 6>momentary authority over somebody else's life, has to make this

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<v Speaker 6>decision like, well do I trust this you know, like

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<v Speaker 6>pseudo gestapo to treat this person according to the law

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<v Speaker 6>or according to their human rights. And I think increasingly

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<v Speaker 6>we're seeing situations where, you know, in an encouraging way,

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<v Speaker 6>people make a decision that's like, no, this is an

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<v Speaker 6>extreme circumstance, and it demands a kind of moral courage

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<v Speaker 6>that would seem to be norm breaking in another circumstance.

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<v Speaker 6>I'm not saying that that's necessarily true about this judge.

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<v Speaker 6>I don't know the details, but what it reminds me

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<v Speaker 6>of is just in the first Trump administration, there were

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<v Speaker 6>also circumstances where people, you know, were kind of they

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<v Speaker 6>felt the need to do something extreme to protect against

0:13:10.840 --> 0:13:13.480
<v Speaker 6>an extreme behavior by the administration. But then there was

0:13:13.520 --> 0:13:18.280
<v Speaker 6>this very strong impulse that, well, if we break norms

0:13:18.840 --> 0:13:21.520
<v Speaker 6>in reaction to their norm breaking, are we just setting

0:13:21.559 --> 0:13:26.359
<v Speaker 6>up this kind of inevitable you know, domino chain decline

0:13:26.440 --> 0:13:30.319
<v Speaker 6>of consecutive norm breaking. I feel like, and I never

0:13:30.440 --> 0:13:33.520
<v Speaker 6>really got there in the first administration. I'm here now.

0:13:33.600 --> 0:13:36.800
<v Speaker 6>I'm there now that we really kind of are out

0:13:36.840 --> 0:13:40.280
<v Speaker 6>in the breach. We're in a very, very very dire

0:13:40.360 --> 0:13:44.520
<v Speaker 6>situation where the kinds of choices people have to make

0:13:44.679 --> 0:13:47.760
<v Speaker 6>about what's normal and not normal to do. I think

0:13:47.800 --> 0:13:51.560
<v Speaker 6>those things are changing. You see it with the universities,

0:13:51.559 --> 0:13:54.040
<v Speaker 6>for example, who are first kind of like, all right,

0:13:54.120 --> 0:13:57.640
<v Speaker 6>you know, come on campus. Sure, uh, you know, detain

0:13:57.800 --> 0:14:00.240
<v Speaker 6>these students. Sure we'll make a deal with you or whatever.

0:14:00.640 --> 0:14:03.719
<v Speaker 6>But then it becomes clear that no, this isn't this

0:14:03.760 --> 0:14:08.560
<v Speaker 6>isn't a normal administration. It isn't just new people in

0:14:08.679 --> 0:14:12.120
<v Speaker 6>charge with different values. It's getting very very dire and

0:14:12.240 --> 0:14:15.080
<v Speaker 6>very very bleak. And you know, it used to be

0:14:15.240 --> 0:14:17.880
<v Speaker 6>that when we talked this way in the first administration,

0:14:18.320 --> 0:14:21.920
<v Speaker 6>and I did, sometimes we were accused of having trumped

0:14:22.000 --> 0:14:26.040
<v Speaker 6>arrangement syndrome or having some kind of secret, unstated wish,

0:14:26.400 --> 0:14:28.880
<v Speaker 6>a wish for there to be a real authoritarian situation.

0:14:28.960 --> 0:14:31.400
<v Speaker 6>But actually this is just kind of a normal, very

0:14:31.440 --> 0:14:34.520
<v Speaker 6>bad Republican administration. It's not so different. But I just

0:14:34.560 --> 0:14:38.280
<v Speaker 6>don't think that story stands up anymore, because it seems

0:14:38.480 --> 0:14:41.320
<v Speaker 6>very clear that they are willing to go all the

0:14:41.320 --> 0:14:44.440
<v Speaker 6>way in every single direction and on every single issue,

0:14:44.480 --> 0:14:48.400
<v Speaker 6>all at once. That just changes the situation.

0:14:48.480 --> 0:14:49.960
<v Speaker 3>As far as I'm concerned.

0:14:49.960 --> 0:14:53.240
<v Speaker 1>I vacillate between being like, these guys are so stupid.

0:14:53.360 --> 0:14:58.600
<v Speaker 1>It's great. Here they are arresting a judge in Wisconsin, right, Wisconsin,

0:14:58.960 --> 0:15:03.960
<v Speaker 1>where they just love lost a judicial election that Elon

0:15:04.120 --> 0:15:09.640
<v Speaker 1>mush put in thirty million dollars. Okay, So like, obviously

0:15:09.880 --> 0:15:12.720
<v Speaker 1>Wisconsin is going to be a place, it's a purple

0:15:12.760 --> 0:15:15.800
<v Speaker 1>state where this kind of thing is going to stand

0:15:15.840 --> 0:15:20.280
<v Speaker 1>out in a way that it wouldn't in say, are Medillo, Texas,

0:15:20.320 --> 0:15:24.720
<v Speaker 1>Like you could arrest whoever you want in Texas's first district.

0:15:24.840 --> 0:15:27.560
<v Speaker 1>I mean I heard ones from a member of Congress

0:15:27.560 --> 0:15:30.840
<v Speaker 1>who was running for office there that they didn't open

0:15:30.920 --> 0:15:35.440
<v Speaker 1>the polls on time and that he had seen Proud

0:15:35.480 --> 0:15:39.359
<v Speaker 1>Boys around the area or some kind of neo militia.

0:15:39.720 --> 0:15:42.440
<v Speaker 1>Like it's a huge country. There is a lot of

0:15:42.520 --> 0:15:46.040
<v Speaker 1>room for this federal government to do in crazy stuff.

0:15:46.440 --> 0:15:51.040
<v Speaker 1>But when you do it in Wisconsin to a partisan

0:15:51.200 --> 0:15:55.280
<v Speaker 1>Democrat who has been elected, and I mean, I just

0:15:55.320 --> 0:15:58.960
<v Speaker 1>think they constantly do things which are like if you

0:15:59.040 --> 0:16:03.239
<v Speaker 1>wanted to enact authoritarianism the way they have in Hungary,

0:16:03.720 --> 0:16:05.920
<v Speaker 1>there is a playbook for that, and it's slow.

0:16:06.520 --> 0:16:09.520
<v Speaker 6>No, I think that's right. I mean it's always been

0:16:09.560 --> 0:16:13.320
<v Speaker 6>weird with Trump to feel and with Trump World and

0:16:13.360 --> 0:16:16.840
<v Speaker 6>the Mega movement to feel like our greatest protection against

0:16:17.440 --> 0:16:21.600
<v Speaker 6>their you know, most extreme designs is their incompetence and

0:16:21.640 --> 0:16:22.520
<v Speaker 6>their recklessness.

0:16:22.680 --> 0:16:23.960
<v Speaker 3>But that may be the case.

0:16:24.000 --> 0:16:26.600
<v Speaker 6>I mean, that's clearly the case right now with the

0:16:26.640 --> 0:16:29.400
<v Speaker 6>trade war, which is just not going to be popular,

0:16:29.680 --> 0:16:32.680
<v Speaker 6>and it is definitely they're definitely shooting themselves in the foot.

0:16:32.840 --> 0:16:35.400
<v Speaker 6>It's definitely the reason that his numbers are going down.

0:16:35.440 --> 0:16:38.200
<v Speaker 6>I just think it's obvious, and you just have to

0:16:38.760 --> 0:16:41.000
<v Speaker 6>you know, it's just crazy to be in a situation

0:16:41.040 --> 0:16:44.000
<v Speaker 6>where we're like, oh, thank goodness, these people are idiots,

0:16:44.280 --> 0:16:47.840
<v Speaker 6>because obviously there are situations where their recklessness is totally

0:16:48.120 --> 0:16:52.760
<v Speaker 6>consonant with their dangerousness. But I agree, I agree with

0:16:52.800 --> 0:16:55.320
<v Speaker 6>you about that. I take your point very much about

0:16:55.560 --> 0:16:58.280
<v Speaker 6>if they were wanted to do this right, you know,

0:16:58.520 --> 0:17:02.440
<v Speaker 6>which to say, to do it successfully and strategically. You know,

0:17:02.480 --> 0:17:05.560
<v Speaker 6>if they wanted to really fundamentally change this country without

0:17:05.600 --> 0:17:09.560
<v Speaker 6>igniting some kind of you know, resistance movement and resistance

0:17:09.640 --> 0:17:13.399
<v Speaker 6>from the institutions of this country, you know, they would

0:17:13.400 --> 0:17:17.000
<v Speaker 6>have started slow, and they would have built on the

0:17:17.160 --> 0:17:20.479
<v Speaker 6>license and the kind of sense of you know, that

0:17:20.520 --> 0:17:22.959
<v Speaker 6>period of time right after he was elected, when Democrats

0:17:22.960 --> 0:17:24.919
<v Speaker 6>were like, ah, well, I guess this is just a

0:17:24.920 --> 0:17:27.040
<v Speaker 6>conservative country. We're just going to have to go along

0:17:27.080 --> 0:17:29.920
<v Speaker 6>with it, you know, people saying, let's make deals where

0:17:29.920 --> 0:17:32.719
<v Speaker 6>we can work with these people, let's face the facts,

0:17:32.760 --> 0:17:37.320
<v Speaker 6>you know, taking that moment of kind of legitimacy and

0:17:37.400 --> 0:17:39.920
<v Speaker 6>building on it by doing things that were really popular

0:17:39.960 --> 0:17:44.280
<v Speaker 6>for a while and kind of magnanimous even, and that

0:17:44.640 --> 0:17:48.920
<v Speaker 6>then you can gradually turn the screws on the authoritarian agenda.

0:17:49.080 --> 0:17:51.199
<v Speaker 6>But they didn't do it that way. They went with

0:17:51.240 --> 0:17:54.439
<v Speaker 6>this other thing. And it's just a weird situation to

0:17:54.480 --> 0:17:57.040
<v Speaker 6>be in because I'm simultaneously relieved that they're doing it

0:17:57.080 --> 0:18:02.080
<v Speaker 6>so recklessly and also made absolutely crazy by the kind

0:18:02.119 --> 0:18:04.520
<v Speaker 6>of ferocity of it and the feeling that you just

0:18:04.600 --> 0:18:06.399
<v Speaker 6>never know what they're going to do. Oh, the FBI

0:18:06.800 --> 0:18:08.760
<v Speaker 6>director is going to get on Twitter and said we

0:18:08.880 --> 0:18:12.280
<v Speaker 6>arrested a judge, or like, are you so happy? Aren't

0:18:12.280 --> 0:18:13.040
<v Speaker 6>you so thrilled?

0:18:13.240 --> 0:18:13.560
<v Speaker 1>Ohn?

0:18:13.880 --> 0:18:15.040
<v Speaker 5>And then he deletes it.

0:18:15.359 --> 0:18:17.680
<v Speaker 6>I know my sense was that he deleted it because

0:18:17.720 --> 0:18:20.720
<v Speaker 6>he said in the post we believe that she did this,

0:18:20.840 --> 0:18:23.200
<v Speaker 6>or that it's like, Okay, you arrested at judge because

0:18:23.240 --> 0:18:27.160
<v Speaker 6>you heard something that's a pretty extreme thing to do.

0:18:27.680 --> 0:18:30.320
<v Speaker 6>But yeah, I'm with you. There's just it's just it's

0:18:30.359 --> 0:18:33.400
<v Speaker 6>a whiplash though, to feel like relieved that they're more

0:18:33.440 --> 0:18:35.680
<v Speaker 6>reckless and stupid than you could possibly have imagined.

0:18:36.080 --> 0:18:38.679
<v Speaker 1>Yes, I agree it's a whiplash, but it's also I

0:18:38.720 --> 0:18:41.200
<v Speaker 1>want to get back to the tariffs, because the tariffs

0:18:41.240 --> 0:18:48.200
<v Speaker 1>are the single thing Like ten Griffin, Okay, major Republican donor,

0:18:48.600 --> 0:18:52.639
<v Speaker 1>biggest donor of the cycle, did not donate to Trump,

0:18:52.640 --> 0:18:57.760
<v Speaker 1>but donated to every other Republican you've ever thought of,

0:18:58.000 --> 0:19:01.560
<v Speaker 1>or dreamed of or knew of. It was like Donald

0:19:01.600 --> 0:19:03.840
<v Speaker 1>Trump is ru I mean, I want to find the

0:19:03.960 --> 0:19:07.000
<v Speaker 1>Ken Griffin quote because I feel like it's one of

0:19:07.000 --> 0:19:09.920
<v Speaker 1>these things where it's like, now, he didn't really say that,

0:19:10.240 --> 0:19:12.840
<v Speaker 1>but he really did say that in fact, and even

0:19:13.000 --> 0:19:17.919
<v Speaker 1>like the cover of the Economist, right, this is the Economist, Okay,

0:19:18.119 --> 0:19:22.240
<v Speaker 1>the woke Economist. This is like not the nation says

0:19:22.440 --> 0:19:25.679
<v Speaker 1>only one three hundred and sixty one days to go,

0:19:25.760 --> 0:19:27.439
<v Speaker 1>and then it has a picture of like a bald

0:19:27.480 --> 0:19:30.280
<v Speaker 1>eagle that looks like it's been through what we've all

0:19:30.320 --> 0:19:32.800
<v Speaker 1>been through in the last almost one hundred days.

0:19:33.160 --> 0:19:36.240
<v Speaker 6>Yeah, yeah, no, it's true. I mean again, there's another

0:19:36.840 --> 0:19:41.320
<v Speaker 6>irony of feeling like the saviors of our republic are

0:19:41.359 --> 0:19:44.600
<v Speaker 6>going to have to be like bond traders and Wall Street,

0:19:44.880 --> 0:19:47.320
<v Speaker 6>you know. As a socialist myself, I'm kind of like,

0:19:47.480 --> 0:19:50.520
<v Speaker 6>oh god, yes, okay, they're coming to our rescue, the

0:19:50.560 --> 0:19:53.639
<v Speaker 6>people who just move money around and make money. But

0:19:53.720 --> 0:19:56.920
<v Speaker 6>it's true that they really just they got out over

0:19:56.960 --> 0:19:57.720
<v Speaker 6>their skis.

0:19:57.960 --> 0:20:00.040
<v Speaker 1>I'm going to read this to you because I I

0:20:00.119 --> 0:20:01.960
<v Speaker 1>feel like I'm sorry to do this. I know you're

0:20:01.960 --> 0:20:05.119
<v Speaker 1>a socialist. One of my kids is a Marxist. My

0:20:05.240 --> 0:20:08.760
<v Speaker 1>husband's like a blue Anon capitalist, so he's like, we're

0:20:08.800 --> 0:20:10.000
<v Speaker 1>going to fix Americay.

0:20:10.080 --> 0:20:12.840
<v Speaker 6>True, Hey, it takes all types, you know, right.

0:20:12.840 --> 0:20:14.240
<v Speaker 1>We have it all. And then I have a never

0:20:14.280 --> 0:20:19.000
<v Speaker 1>Trump Republican. I have one good kid. I'm kidding. I'm kidding.

0:20:19.000 --> 0:20:21.280
<v Speaker 1>I have lots of good kids. The United States was

0:20:21.320 --> 0:20:24.560
<v Speaker 1>more than just a nation. It's a brand. Okay, I'm

0:20:24.560 --> 0:20:27.800
<v Speaker 1>sure you love this. It's a universal brand, whether it's

0:20:27.800 --> 0:20:30.840
<v Speaker 1>our contraur or financial strength or military strength. It was

0:20:30.920 --> 0:20:33.399
<v Speaker 1>like an aspiration post of the world. We're eroding that

0:20:33.640 --> 0:20:37.600
<v Speaker 1>brand right now, Okay. Like, I mean, I'm sorry, but

0:20:37.640 --> 0:20:41.679
<v Speaker 1>if you're a Republican donor of saying that, like stick deal.

0:20:42.119 --> 0:20:44.760
<v Speaker 6>Yeah, I mean it makes me wonder about and this

0:20:44.840 --> 0:20:47.680
<v Speaker 6>is we can only speculate about, but like, what are

0:20:47.680 --> 0:20:52.480
<v Speaker 6>the circumstances that have made them so hubristic? Is it

0:20:52.720 --> 0:20:57.200
<v Speaker 6>just that the goal of surrounding him with only yes

0:20:57.880 --> 0:21:01.520
<v Speaker 6>men and women and the goal of you know, retribution

0:21:01.840 --> 0:21:05.679
<v Speaker 6>being the kind of like you know, the reason you

0:21:05.720 --> 0:21:10.280
<v Speaker 6>know for his presidency. Is it just that there's nobody going, hey,

0:21:10.320 --> 0:21:12.560
<v Speaker 6>wait a mang ad minute, that the bond markets are

0:21:12.560 --> 0:21:15.520
<v Speaker 6>going to freak out if we do this now, like

0:21:15.840 --> 0:21:19.000
<v Speaker 6>Ken Griffin, people don't always answer his calls or like,

0:21:19.080 --> 0:21:22.040
<v Speaker 6>what is it? What is it that creates this license

0:21:22.040 --> 0:21:24.119
<v Speaker 6>in their minds that makes them think that they can

0:21:24.160 --> 0:21:24.880
<v Speaker 6>get away with it?

0:21:25.280 --> 0:21:28.200
<v Speaker 1>You know what Trump did was he scared these people,

0:21:28.240 --> 0:21:30.000
<v Speaker 1>and they were scared of him. I mean that's like

0:21:30.000 --> 0:21:33.040
<v Speaker 1>like Lisa Murkowski. They don't want the mean tweets. They

0:21:33.080 --> 0:21:35.280
<v Speaker 1>don't want to have to pay for security, they don't

0:21:35.320 --> 0:21:38.800
<v Speaker 1>want Maga one two three coming outside their house with

0:21:38.840 --> 0:21:41.840
<v Speaker 1>a gun. Like actually think about this a lot, and you,

0:21:41.880 --> 0:21:43.679
<v Speaker 1>as a student of history, I actually wanted to talk

0:21:43.720 --> 0:21:46.679
<v Speaker 1>to you about this. Which is so My grandfather was

0:21:46.920 --> 0:21:50.520
<v Speaker 1>jailed by the House in an American activity, Howard Fast

0:21:50.720 --> 0:21:53.480
<v Speaker 1>and he was a communist. Refused to name names not

0:21:54.040 --> 0:22:00.360
<v Speaker 1>a particularly brave guy, right, not, but did the thing

0:22:00.440 --> 0:22:03.399
<v Speaker 1>in that moment. I believe that part of how we

0:22:03.480 --> 0:22:07.159
<v Speaker 1>got here is that, like we are just in modern life,

0:22:07.640 --> 0:22:10.760
<v Speaker 1>we are not used to bravery of any sort.

0:22:10.880 --> 0:22:12.480
<v Speaker 7>Yeah, yeah, yeah, what.

0:22:12.359 --> 0:22:14.320
<v Speaker 1>Do you think about that? Because if you look at

0:22:14.359 --> 0:22:16.200
<v Speaker 1>like this sort of the last.

0:22:15.920 --> 0:22:18.960
<v Speaker 6>Fifty years, Yeah, there's a lot of different ways to

0:22:19.000 --> 0:22:22.400
<v Speaker 6>go to tackle this, but like I generally think that, yeah,

0:22:22.440 --> 0:22:25.840
<v Speaker 6>the kind of resources that we have as a political

0:22:25.880 --> 0:22:32.639
<v Speaker 6>and moral culture for rewarding true bravery, moral courage, selflessness

0:22:32.920 --> 0:22:35.680
<v Speaker 6>are just depleted, like profoundly. And I think there's a

0:22:35.760 --> 0:22:37.640
<v Speaker 6>million reasons you could point to for that. I mean,

0:22:37.920 --> 0:22:40.560
<v Speaker 6>I think like kind of the neoliberal turn and the

0:22:40.640 --> 0:22:42.520
<v Speaker 6>kind of the fact that people are so much more

0:22:42.560 --> 0:22:45.080
<v Speaker 6>isolated from each other, and the kind of atomization that

0:22:45.200 --> 0:22:49.439
<v Speaker 6>comes with privatization. And yeah, I think that sound like

0:22:49.520 --> 0:22:55.199
<v Speaker 6>a fogy here, but like you know, kids, heroes are influencers.

0:22:56.359 --> 0:23:00.320
<v Speaker 6>The kind of like models for kind of greatness are

0:23:00.400 --> 0:23:03.680
<v Speaker 6>all celebrity and fame and kind of getting your own

0:23:03.920 --> 0:23:07.360
<v Speaker 6>I mean, the lessons of the manisphere or whatever are

0:23:07.480 --> 0:23:10.480
<v Speaker 6>just like get up, get the paper, like get it

0:23:10.520 --> 0:23:14.440
<v Speaker 6>for yourself, you know, and it takes actually effort as

0:23:14.440 --> 0:23:19.120
<v Speaker 6>a political community to produce you know, this other idea

0:23:19.200 --> 0:23:23.160
<v Speaker 6>of what success is because you know, naming names, that's

0:23:23.160 --> 0:23:25.320
<v Speaker 6>saving your own hide. And there's like a lot of

0:23:25.400 --> 0:23:28.000
<v Speaker 6>kind of like sort of what would seem like common

0:23:28.080 --> 0:23:31.959
<v Speaker 6>sensical norms in this country about like you're a sucker.

0:23:32.000 --> 0:23:34.040
<v Speaker 6>If you don't save your own hide when you can,

0:23:34.440 --> 0:23:37.719
<v Speaker 6>you're a sucker. And so yeah, I think, but you know,

0:23:37.880 --> 0:23:41.520
<v Speaker 6>people rise to the occasion. I think there's also just

0:23:41.560 --> 0:23:47.600
<v Speaker 6>sort of a suspicion of kind of self aggrandizing political

0:23:47.600 --> 0:23:51.080
<v Speaker 6>heroism because that stuff is also kind of infused with

0:23:51.160 --> 0:23:53.040
<v Speaker 6>this suspicion about or are you just doing this for

0:23:53.160 --> 0:23:56.240
<v Speaker 6>the fame? Are you just doing this for a popularity contest.

0:23:56.280 --> 0:23:58.119
<v Speaker 6>I mean, it's one of those things that I always

0:23:58.320 --> 0:24:02.560
<v Speaker 6>think about about the right is that whenever whenever somebody

0:24:03.359 --> 0:24:06.119
<v Speaker 6>in a position of power blows the whistle or something,

0:24:06.560 --> 0:24:08.719
<v Speaker 6>the right will just always say, oh, they did this

0:24:08.760 --> 0:24:11.879
<v Speaker 6>because they're a Democrat, they did this because they're getting paid,

0:24:11.480 --> 0:24:14.800
<v Speaker 6>they paid protesters. I think that there's an enormous number

0:24:14.800 --> 0:24:16.679
<v Speaker 6>of people on the right that just don't believe that

0:24:16.720 --> 0:24:20.120
<v Speaker 6>anybody just goes and protests because it's inconceivable to them

0:24:20.359 --> 0:24:23.359
<v Speaker 6>that someone would take the time to do that and

0:24:23.440 --> 0:24:26.919
<v Speaker 6>have some kind of like actual genuine concern that is

0:24:27.040 --> 0:24:29.960
<v Speaker 6>not reducible to self interest. I think it's a problem

0:24:30.000 --> 0:24:34.400
<v Speaker 6>across our culture. I think the right has really a

0:24:34.440 --> 0:24:39.040
<v Speaker 6>desiccated sense of what human generosity can be and do.

0:24:39.640 --> 0:24:41.880
<v Speaker 1>But it is interesting if you think about it, Right,

0:24:42.000 --> 0:24:45.800
<v Speaker 1>like this idea of paid protesters. They stormed the Capitol,

0:24:46.200 --> 0:24:50.320
<v Speaker 1>so they obviously feel strongly about some stuff, right, I

0:24:50.320 --> 0:24:53.280
<v Speaker 1>mean a lot of those people went to jail. No,

0:24:53.359 --> 0:24:55.880
<v Speaker 1>it's true, but I agree.

0:24:55.520 --> 0:24:56.480
<v Speaker 3>It's a solypsism.

0:24:56.520 --> 0:24:59.520
<v Speaker 6>It's like, well, people on our side have genuine beliefs,

0:24:59.600 --> 0:25:02.879
<v Speaker 6>but right, how how could the others?

0:25:03.200 --> 0:25:06.600
<v Speaker 1>I also think that we find ourselves in a moment

0:25:06.640 --> 0:25:11.440
<v Speaker 1>here where there is such a cynicism from the right

0:25:11.680 --> 0:25:14.159
<v Speaker 1>and also I think from the left. That's what it

0:25:14.160 --> 0:25:16.639
<v Speaker 1>feels like you're talking about, is like, none of this

0:25:16.800 --> 0:25:19.720
<v Speaker 1>is real. Right, they're paid protesters, And I mean that

0:25:19.920 --> 0:25:22.720
<v Speaker 1>goes the whole ethos of Elon Musk, right, that we're

0:25:22.760 --> 0:25:25.879
<v Speaker 1>all non playing characters. And that is something that a

0:25:25.960 --> 0:25:29.919
<v Speaker 1>lot of very wealthy people believe or know enough to

0:25:30.160 --> 0:25:33.480
<v Speaker 1>not say they believe, but do secretly believe because life

0:25:33.480 --> 0:25:35.359
<v Speaker 1>has worked out so well for them that they are

0:25:35.400 --> 0:25:37.840
<v Speaker 1>the only playing characters and that everything else is a

0:25:37.880 --> 0:25:42.280
<v Speaker 1>simulation to lessen or increase their own experience.

0:25:42.880 --> 0:25:43.240
<v Speaker 3>Yeah.

0:25:43.400 --> 0:25:48.000
<v Speaker 6>I mean that's another contributing tributary to this crisis of

0:25:48.119 --> 0:25:51.040
<v Speaker 6>moral courage is also that there's an enormous number of

0:25:51.080 --> 0:25:54.720
<v Speaker 6>people and there are cultures in this country. I mean,

0:25:54.760 --> 0:25:56.920
<v Speaker 6>I think this look on Valley culture is particularly bad

0:25:56.920 --> 0:26:00.360
<v Speaker 6>in this regard, which encourage you to think of other

0:26:00.440 --> 0:26:02.760
<v Speaker 6>people as not as real as you. I don't know

0:26:02.920 --> 0:26:05.399
<v Speaker 6>when we when we were we did several episodes on

0:26:05.520 --> 0:26:08.760
<v Speaker 6>Musk and that kind of like I sort of steeped

0:26:09.000 --> 0:26:12.879
<v Speaker 6>in his whole gestalt and moral universe and it was

0:26:13.000 --> 0:26:16.280
<v Speaker 6>really disgusting. And I also just encountered a lot more

0:26:16.880 --> 0:26:21.320
<v Speaker 6>of the kind of common sense ideas about what matters

0:26:21.320 --> 0:26:23.320
<v Speaker 6>in the world and how the world works from the

0:26:23.359 --> 0:26:26.479
<v Speaker 6>Silicon Valley kind of you know, insular world, and there

0:26:26.560 --> 0:26:29.119
<v Speaker 6>was so much of that NPC stuff and it's like

0:26:29.200 --> 0:26:31.520
<v Speaker 6>it's like it's like I just remember this tweet that

0:26:31.520 --> 0:26:33.520
<v Speaker 6>I saw that was just one of many like this,

0:26:33.920 --> 0:26:36.040
<v Speaker 6>but there was just from some kind of tech world

0:26:36.040 --> 0:26:39.439
<v Speaker 6>influencer who was saying, how sorry, how sad she was

0:26:39.480 --> 0:26:42.280
<v Speaker 6>for most people in the country who will never like

0:26:42.680 --> 0:26:43.720
<v Speaker 6>do anything heroic.

0:26:44.280 --> 0:26:47.199
<v Speaker 1>Yeah, well they may. They may have to because of

0:26:47.240 --> 0:26:48.280
<v Speaker 1>this administration.

0:26:48.640 --> 0:26:51.639
<v Speaker 6>They very well may, and they do every day. I mean,

0:26:51.760 --> 0:26:55.440
<v Speaker 6>I can get very maudlin about this, but I have

0:26:55.560 --> 0:26:59.199
<v Speaker 6>a great belief in the everyday heroism of regular people,

0:26:59.440 --> 0:27:03.280
<v Speaker 6>and actually quite little confidence in the capacity for heroism

0:27:03.320 --> 0:27:05.240
<v Speaker 6>of the of the very wealthy and privileged.

0:27:05.640 --> 0:27:09.480
<v Speaker 1>I agree, And we are out of time. I hope

0:27:09.480 --> 0:27:12.520
<v Speaker 1>you will come back. Yeah, it's fast. It's not one

0:27:12.560 --> 0:27:15.600
<v Speaker 1>of these like fancy dead.

0:27:15.200 --> 0:27:16.720
<v Speaker 6>Podcast goes on and on.

0:27:17.640 --> 0:27:21.160
<v Speaker 1>No, I know, I lit, We're just twenty minutes. Baby,

0:27:21.160 --> 0:27:23.840
<v Speaker 1>We're in the corporate world, so I know. But definitely

0:27:23.880 --> 0:27:30.000
<v Speaker 1>come back. Stephen Gladick is a CNN contributor and the

0:27:30.040 --> 0:27:35.520
<v Speaker 1>author of the shadow doc Welcome to Fast Politics.

0:27:34.920 --> 0:27:36.520
<v Speaker 7>Steven, thanks for having me, Molly.

0:27:36.800 --> 0:27:40.760
<v Speaker 1>Okay, So Supreme Court has become I don't know that

0:27:40.840 --> 0:27:43.520
<v Speaker 1>Roberts wants it to be this way, but they have

0:27:43.680 --> 0:27:46.320
<v Speaker 1>all of a sudden become sort of the center of

0:27:46.440 --> 0:27:50.840
<v Speaker 1>the action. And I think they probably would prefer not

0:27:51.000 --> 0:27:54.479
<v Speaker 1>to be with the Republican president, especially one like Trump,

0:27:54.960 --> 0:27:58.200
<v Speaker 1>but they are it. So talk us through the sort

0:27:58.240 --> 0:28:01.240
<v Speaker 1>of how the deportations got to the Supreme Court and

0:28:01.600 --> 0:28:02.400
<v Speaker 1>everything else.

0:28:02.840 --> 0:28:05.880
<v Speaker 7>So there are really two different lines of cases that

0:28:06.480 --> 0:28:10.080
<v Speaker 7>sound alike and that have some overlap, but are really

0:28:10.160 --> 0:28:13.120
<v Speaker 7>raising different sets of questions. It might be helpful, Malli,

0:28:13.200 --> 0:28:15.720
<v Speaker 7>for these purposes to separate out what we might call

0:28:15.840 --> 0:28:19.400
<v Speaker 7>just generally the Alien Enemy Act cases and for those

0:28:19.400 --> 0:28:23.080
<v Speaker 7>who know the case name, so that includes JGG and

0:28:23.400 --> 0:28:27.840
<v Speaker 7>AARP and a few other acronyms on one hand, and

0:28:27.840 --> 0:28:31.800
<v Speaker 7>then Abrago Garcia and Abrago Garcia is the Marilyn man

0:28:31.840 --> 0:28:35.560
<v Speaker 7>who was wrongfully removed to El Salvador, right even though

0:28:35.600 --> 0:28:38.960
<v Speaker 7>he had something called withholding of removal which specifically barred

0:28:38.960 --> 0:28:41.760
<v Speaker 7>the government removing him. A Brago Garcia Mali was not

0:28:41.880 --> 0:28:45.040
<v Speaker 7>removed under the Alien Enemy Act. He just happens to be,

0:28:45.120 --> 0:28:47.360
<v Speaker 7>you know, at least or he was being held in

0:28:47.400 --> 0:28:50.880
<v Speaker 7>the same horrible mega jail in El Salvador as the

0:28:50.920 --> 0:28:53.920
<v Speaker 7>folks who were removed under the Alien exactly. So you

0:28:54.040 --> 0:28:57.560
<v Speaker 7>have these two different sets of cases, and the Supreme

0:28:57.600 --> 0:29:01.920
<v Speaker 7>Court has already issued I guess it's three rulings now

0:29:02.120 --> 0:29:04.120
<v Speaker 7>in those two sets of cases, and so let me

0:29:04.160 --> 0:29:07.120
<v Speaker 7>sort of try to break them out briefly, separately.

0:29:06.960 --> 0:29:09.960
<v Speaker 1>Before you just break this out. How much do you

0:29:10.000 --> 0:29:12.760
<v Speaker 1>think Judge Roberts wants not to have to do this?

0:29:13.200 --> 0:29:15.160
<v Speaker 7>Well, I think he desperately wants to not have to

0:29:15.160 --> 0:29:19.240
<v Speaker 7>do this. I think he is incensed, not necessarily at

0:29:19.240 --> 0:29:22.320
<v Speaker 7>the Trump Administration's behavior, although maybe that too, Malli. I

0:29:22.320 --> 0:29:24.240
<v Speaker 7>think he's in sense that they're not getting the message.

0:29:24.240 --> 0:29:27.240
<v Speaker 7>I mean, I think from his perspective, you know, the

0:29:27.280 --> 0:29:29.960
<v Speaker 7>rulings I'm about to describe were meant to send a

0:29:30.040 --> 0:29:32.920
<v Speaker 7>message to the Trump administration to knock it off, and

0:29:33.000 --> 0:29:35.640
<v Speaker 7>that message has just not been received. Why is all

0:29:35.680 --> 0:29:38.320
<v Speaker 7>this happening, right? This is all happening to Molly, because

0:29:38.320 --> 0:29:42.920
<v Speaker 7>the Trump administration is trying to effectuate a policy of

0:29:43.120 --> 0:29:47.760
<v Speaker 7>mass summary removals right without having to go through individualized

0:29:47.800 --> 0:29:48.920
<v Speaker 7>process in each.

0:29:48.840 --> 0:29:50.960
<v Speaker 1>Case, right, the legal process, right.

0:29:51.200 --> 0:29:54.160
<v Speaker 7>And so part of what is happening in all of

0:29:54.200 --> 0:29:57.920
<v Speaker 7>these cases is the Trump Administration's trying to basically find

0:29:58.120 --> 0:30:02.840
<v Speaker 7>any way through the legal you know, sort of process,

0:30:03.080 --> 0:30:06.120
<v Speaker 7>the legal traps from their perspective to being able to

0:30:06.200 --> 0:30:08.360
<v Speaker 7>just sort of put a whole bunch of people on

0:30:08.400 --> 0:30:10.080
<v Speaker 7>a whole bunch of planes and get them out of

0:30:10.080 --> 0:30:10.560
<v Speaker 7>the country.

0:30:10.760 --> 0:30:12.760
<v Speaker 1>So talk me through the three decisions.

0:30:13.000 --> 0:30:17.280
<v Speaker 7>So on April seventh, right, in the first case that's JGG,

0:30:17.600 --> 0:30:21.000
<v Speaker 7>that's where the Supreme Court sort of split and did

0:30:21.040 --> 0:30:23.720
<v Speaker 7>two things right. This was one of the Alien Enemy

0:30:23.720 --> 0:30:27.280
<v Speaker 7>Act cases. So a five to four majority in that

0:30:27.440 --> 0:30:34.040
<v Speaker 7>case held that basically the right way for litigans to

0:30:34.160 --> 0:30:37.040
<v Speaker 7>challenge the Alien Enemy Act was not under a statute

0:30:37.120 --> 0:30:41.080
<v Speaker 7>called the Administrative Procedure Act, but was rather through habeas petitions,

0:30:41.120 --> 0:30:44.280
<v Speaker 7>basically like you can't be before Judge Boseburg, you have

0:30:44.360 --> 0:30:46.760
<v Speaker 7>to go to Texas. But bally in that in that

0:30:46.880 --> 0:30:51.440
<v Speaker 7>same case you had the Court unanimously say in that

0:30:51.600 --> 0:30:55.480
<v Speaker 7>at least going forward, the government could not use the

0:30:55.560 --> 0:30:59.880
<v Speaker 7>Alien Enemy Act to remove people without notice and judicial review,

0:31:00.000 --> 0:31:03.240
<v Speaker 7>without noticing a meaningful chance to contest right whether they

0:31:03.280 --> 0:31:05.080
<v Speaker 7>are who they say they are. So that was the

0:31:05.120 --> 0:31:08.560
<v Speaker 7>first ruling. The second ruling was in the case of

0:31:08.560 --> 0:31:12.320
<v Speaker 7>Abrigo Garcia, the guy who was wrongfully removed to El Salvador,

0:31:12.800 --> 0:31:16.240
<v Speaker 7>where a district judge in Maryland, Judge Paula Zenis, had

0:31:16.320 --> 0:31:19.480
<v Speaker 7>ordered the government to return Abrago Garcia by a day

0:31:19.520 --> 0:31:22.240
<v Speaker 7>in time certain and the government went to the Supreme

0:31:22.280 --> 0:31:26.320
<v Speaker 7>Court saying we shouldn't have to do that. And there again, Molly,

0:31:26.440 --> 0:31:29.640
<v Speaker 7>you had this little bit of a split decision where

0:31:29.720 --> 0:31:33.160
<v Speaker 7>the Supreme Court in one sense said, you know, we're

0:31:33.160 --> 0:31:35.400
<v Speaker 7>not going to make you produce him by a day

0:31:35.480 --> 0:31:40.320
<v Speaker 7>and time certain. But Judge Zenis was right that she

0:31:40.480 --> 0:31:44.360
<v Speaker 7>has the power to at least find out what steps

0:31:44.400 --> 0:31:47.040
<v Speaker 7>you could take and what steps you have taken to

0:31:47.080 --> 0:31:49.600
<v Speaker 7>bring him back, and so we're gonna let her do that.

0:31:49.640 --> 0:31:51.719
<v Speaker 7>We're gonna let her try on Remann to figure all

0:31:51.720 --> 0:31:55.880
<v Speaker 7>that out. So that's where things were until late last.

0:31:55.640 --> 0:31:59.360
<v Speaker 1>Week the nine zero decision. Where did that come from?

0:31:59.560 --> 0:32:01.640
<v Speaker 7>That was a go Garcia, That was.

0:32:01.560 --> 0:32:05.320
<v Speaker 1>A nine zero for due process. Do you think that

0:32:05.400 --> 0:32:10.840
<v Speaker 1>it was written so vaguely because Roberts was trying to

0:32:11.000 --> 0:32:14.120
<v Speaker 1>get Alito and Thomas to rule nine zero.

0:32:14.480 --> 0:32:17.240
<v Speaker 7>Absolutely, And it's why the sodomy or separate opinion, which

0:32:17.280 --> 0:32:19.880
<v Speaker 7>really does read in some respects like a partial dissent,

0:32:20.080 --> 0:32:23.040
<v Speaker 7>is actually styled as a statement she didn't want to

0:32:23.040 --> 0:32:25.440
<v Speaker 7>break that. So but Mollie right, You also have the

0:32:25.560 --> 0:32:28.880
<v Speaker 7>nine to nothing due process holding in the JGG case

0:32:28.920 --> 0:32:31.120
<v Speaker 7>that all the Alien Enemy Act books are entitled to

0:32:31.160 --> 0:32:34.400
<v Speaker 7>due process. So now you have two different messages from

0:32:34.400 --> 0:32:37.960
<v Speaker 7>the Supreme Court, right, message number one you got to give.

0:32:38.160 --> 0:32:40.280
<v Speaker 1>These are both nine zero, that's right.

0:32:40.360 --> 0:32:43.160
<v Speaker 7>So message number one, you've got to give due process

0:32:43.440 --> 0:32:45.400
<v Speaker 7>to folks who before you remove them under the Alien

0:32:45.520 --> 0:32:50.000
<v Speaker 7>Enemy Act. Message number two, you know, even once they're removed, right, like,

0:32:50.160 --> 0:32:54.200
<v Speaker 7>the federal courts are not totally powerless to look into

0:32:54.680 --> 0:32:58.160
<v Speaker 7>the possibility of bringing them back. My sense, Mollie is

0:32:58.160 --> 0:33:00.720
<v Speaker 7>that John Roberts would have been very happy stopping there

0:33:00.960 --> 0:33:03.400
<v Speaker 7>and having the lower courts just sort of figure it

0:33:03.400 --> 0:33:05.800
<v Speaker 7>out from there, like filling all the details as you go.

0:33:06.040 --> 0:33:09.280
<v Speaker 7>But then right like late last week, like Thursday night

0:33:09.320 --> 0:33:12.920
<v Speaker 7>and Friday morning, you had these news stories of a

0:33:12.960 --> 0:33:16.200
<v Speaker 7>whole bunch of immigrants at the Blue Bonnet Detention Center,

0:33:16.240 --> 0:33:19.680
<v Speaker 7>which is in Ansn, Texas, just outside of Abilene, receiving

0:33:19.760 --> 0:33:25.720
<v Speaker 7>these completely indecipherable, incomprehensible notices only in English, even though

0:33:25.760 --> 0:33:28.960
<v Speaker 7>these folks are mostly only you know, Spanish speakers, suggesting

0:33:29.000 --> 0:33:31.800
<v Speaker 7>that they were subject to imminent removal under the Alien

0:33:31.880 --> 0:33:35.000
<v Speaker 7>Enemy Act, that you know, inconsistent with what the Supreme

0:33:35.040 --> 0:33:37.960
<v Speaker 7>Court had said. And so that set off this third

0:33:38.400 --> 0:33:41.960
<v Speaker 7>chain of litigation that got to the Supreme Court, like

0:33:42.080 --> 0:33:46.000
<v Speaker 7>in a lightning Bolt with the justices ruling Molly this time,

0:33:46.040 --> 0:33:49.120
<v Speaker 7>we think seven to two right after just before one

0:33:49.160 --> 0:33:53.960
<v Speaker 7>am Saturday morning, that basically, you know, hey, government stop.

0:33:55.040 --> 0:33:57.840
<v Speaker 7>And it seems to me that like that was at

0:33:57.960 --> 0:34:01.280
<v Speaker 7>least seven of the justices right, and you know, enough

0:34:01.320 --> 0:34:04.760
<v Speaker 7>of this. We're getting very frustrated, Like, you know, we

0:34:04.880 --> 0:34:07.440
<v Speaker 7>met what we said in those two prior decisions. So

0:34:07.880 --> 0:34:10.760
<v Speaker 7>the state of play Molly is that there are now

0:34:10.960 --> 0:34:15.759
<v Speaker 7>six different lawsuits in six different district courts challenging the

0:34:15.800 --> 0:34:18.759
<v Speaker 7>Alien Enemy Act as a basis for removing folks. The

0:34:18.760 --> 0:34:21.839
<v Speaker 7>Abrego Garcia case is still going before Judge Zenis, where

0:34:21.840 --> 0:34:27.200
<v Speaker 7>the government is increasingly not responding to the discovery that

0:34:27.280 --> 0:34:29.680
<v Speaker 7>she had required. And so you know, we're in this

0:34:29.800 --> 0:34:33.120
<v Speaker 7>place where it's like there's a lot going on. It's

0:34:33.200 --> 0:34:35.879
<v Speaker 7>not easy to keep traff of everything, but like this

0:34:35.960 --> 0:34:37.880
<v Speaker 7>is going and get worse before it gets better. I mean,

0:34:37.920 --> 0:34:40.480
<v Speaker 7>the government is by all you know, by all intents

0:34:40.520 --> 0:34:43.040
<v Speaker 7>and at appearances like continuing to try to play games

0:34:43.040 --> 0:34:43.560
<v Speaker 7>with all of this.

0:34:43.960 --> 0:34:48.319
<v Speaker 1>Okay, So we have both of these things going on

0:34:48.480 --> 0:34:52.200
<v Speaker 1>at the same time. Then we have this split descent

0:34:52.840 --> 0:34:55.319
<v Speaker 1>that was seven too. Can you talk us through that?

0:34:55.840 --> 0:34:58.160
<v Speaker 7>Yeah, so this was the early Saturday morning ruling. So

0:34:58.200 --> 0:35:01.839
<v Speaker 7>what the court didaurday morning is it really just looked

0:35:01.840 --> 0:35:05.279
<v Speaker 7>at the Blue Bonnet detainees and said, you know, the

0:35:05.320 --> 0:35:10.160
<v Speaker 7>ACLU has credible reports that they face imminent removal without

0:35:10.239 --> 0:35:14.640
<v Speaker 7>the process we required, and Molly, like, knowing how hard

0:35:14.840 --> 0:35:17.839
<v Speaker 7>it's been in Abrago, Garcia to get anyone back from

0:35:17.840 --> 0:35:21.160
<v Speaker 7>El Salvador, right, the justices are, you know, understandably don't

0:35:21.160 --> 0:35:23.600
<v Speaker 7>want to let anybody else get on a plane until

0:35:23.640 --> 0:35:26.560
<v Speaker 7>they've had their due process. And so that's what set

0:35:26.600 --> 0:35:30.399
<v Speaker 7>off Justice Alito and Justice Thomas. So from the sort

0:35:30.440 --> 0:35:33.440
<v Speaker 7>of early Saturday morning orders, they just noted their descent

0:35:33.719 --> 0:35:38.000
<v Speaker 7>and that a separate statement would would follow. Sometime around

0:35:38.040 --> 0:35:43.840
<v Speaker 7>eleven pm Saturday night, Justice Alito filed his descent and Molly,

0:35:44.080 --> 0:35:46.520
<v Speaker 7>I am. I mean, as you know, I'm not sort

0:35:46.560 --> 0:35:49.160
<v Speaker 7>of the biggest ban of Justice Alito's work to begin with,

0:35:49.600 --> 0:35:52.480
<v Speaker 7>but wow, this was I mean, it's not that it

0:35:52.560 --> 0:35:57.920
<v Speaker 7>was like snarky, it was just so superficially specious. Right, So,

0:35:57.920 --> 0:36:01.520
<v Speaker 7>so Alito offers seven bullet points where he's trying to

0:36:01.560 --> 0:36:04.920
<v Speaker 7>come up with like different reasons why the court acted.

0:36:04.960 --> 0:36:08.919
<v Speaker 7>In his words, hastily and prematurely. And you know, one

0:36:08.920 --> 0:36:11.080
<v Speaker 7>of those claims is that the court didn't even have

0:36:11.160 --> 0:36:14.000
<v Speaker 7>the power to rule. That's just silly. Alito has been

0:36:14.000 --> 0:36:17.320
<v Speaker 7>in the majority in lots of cases in similar contexts

0:36:17.320 --> 0:36:19.839
<v Speaker 7>where the court ruled. One of his claims is that

0:36:19.880 --> 0:36:23.200
<v Speaker 7>there was no urgency because the government had represented that

0:36:23.239 --> 0:36:27.040
<v Speaker 7>there would be no airplanes either Friday or Saturday. That's

0:36:27.080 --> 0:36:30.879
<v Speaker 7>actually a complete misstatement of what the government said. What

0:36:30.920 --> 0:36:34.239
<v Speaker 7>the government said before Judge Boseburg was that there will

0:36:34.280 --> 0:36:37.279
<v Speaker 7>be no flights on Friday, but quote, we reserve the

0:36:37.480 --> 0:36:41.719
<v Speaker 7>right unquote to send planes on Saturday. I wrote about

0:36:41.760 --> 0:36:45.040
<v Speaker 7>this for my newsletter on Monday. But like the Alito dissent,

0:36:45.320 --> 0:36:50.920
<v Speaker 7>just smacks of an effort to rationalize right a position

0:36:51.000 --> 0:36:53.120
<v Speaker 7>he knew he wanted to take, and not to actually

0:36:53.160 --> 0:36:55.520
<v Speaker 7>follow the law and the rules where he where they

0:36:55.760 --> 0:36:56.600
<v Speaker 7>where they led him.

0:36:56.760 --> 0:36:59.800
<v Speaker 1>And how does habeas factor into all of this? And

0:37:00.000 --> 0:37:02.120
<v Speaker 1>can you explain to us has.

0:37:01.880 --> 0:37:04.440
<v Speaker 7>Yeah, so a root of habeas corpus is one of

0:37:04.520 --> 0:37:07.680
<v Speaker 7>the oldest forms of legal process, Molly. The sort of

0:37:07.680 --> 0:37:11.520
<v Speaker 7>the old school habeas was the court would issue the

0:37:11.560 --> 0:37:14.080
<v Speaker 7>writ to a jailer, and the jailer was supposed to

0:37:14.200 --> 0:37:17.560
<v Speaker 7>produce the detainee before the judge so that the judge

0:37:17.560 --> 0:37:20.400
<v Speaker 7>could say, hey, why are you holding this person?

0:37:20.520 --> 0:37:20.719
<v Speaker 3>Right?

0:37:20.800 --> 0:37:23.160
<v Speaker 7>Are they who you say they are? Do you have

0:37:23.239 --> 0:37:24.560
<v Speaker 7>the authority to hold them?

0:37:24.600 --> 0:37:24.719
<v Speaker 3>Like?

0:37:24.880 --> 0:37:27.239
<v Speaker 7>Is all of this on the up and up? So

0:37:27.280 --> 0:37:30.759
<v Speaker 7>it's like the classical way of challenging executive detention. One

0:37:30.760 --> 0:37:34.000
<v Speaker 7>of the reasons why this litigation Molly has gotten so

0:37:35.000 --> 0:37:41.040
<v Speaker 7>procedurally complicated is because habeas historically has really been about individuals.

0:37:41.880 --> 0:37:44.399
<v Speaker 7>You know, am I being held lawfully? Are you being

0:37:44.400 --> 0:37:48.759
<v Speaker 7>held lawfully? And what's really needed in this case is

0:37:48.800 --> 0:37:52.440
<v Speaker 7>what the lawyers would call class wide relief. You really need,

0:37:52.920 --> 0:37:57.200
<v Speaker 7>you know, one lawsuit where a federal court can decide

0:37:57.239 --> 0:38:00.000
<v Speaker 7>one way or the other. Is the Alien Enemy Act

0:38:00.160 --> 0:38:04.400
<v Speaker 7>even lawfully applied to trende Ragua? And if it is, like,

0:38:04.440 --> 0:38:06.600
<v Speaker 7>what should the rules be for how the government proves

0:38:06.600 --> 0:38:09.520
<v Speaker 7>that you're a member of trendy Aragua. And so that's

0:38:09.560 --> 0:38:13.280
<v Speaker 7>what the ACLU had been trying to get that class

0:38:13.320 --> 0:38:18.399
<v Speaker 7>wide nationwide judgment in the case in DC and that's

0:38:18.400 --> 0:38:21.120
<v Speaker 7>why the Supreme Court's very first intervention on April seventh,

0:38:21.120 --> 0:38:23.600
<v Speaker 7>that JGG case. That's why the first part of it

0:38:23.640 --> 0:38:26.680
<v Speaker 7>was five to four because you had the conservative majority

0:38:26.719 --> 0:38:28.839
<v Speaker 7>saying nope, you got to do habeas, and you had

0:38:28.920 --> 0:38:32.279
<v Speaker 7>Justice Sodamaire saying, you know what the hell, One no,

0:38:32.440 --> 0:38:34.440
<v Speaker 7>you don't, and two if you make them do habeas,

0:38:34.480 --> 0:38:37.520
<v Speaker 7>it's going to get like really complicated really quickly. Lo

0:38:37.719 --> 0:38:40.520
<v Speaker 7>and behold, it's gotten really complicated really quickly.

0:38:40.960 --> 0:38:41.160
<v Speaker 4>Right.

0:38:41.600 --> 0:38:44.600
<v Speaker 1>I'm hoping you could talk about else is happening in

0:38:44.640 --> 0:38:48.960
<v Speaker 1>the Supreme Court. Who decides trying to keep Trump from

0:38:49.320 --> 0:38:54.640
<v Speaker 1>turning America into Venezuela, right or El Salvador. Well, that's

0:38:54.680 --> 0:38:58.239
<v Speaker 1>also happening. They have their regular schedule, so a lot

0:38:58.280 --> 0:39:00.919
<v Speaker 1>of these are coming on the shadow, right, or they're

0:39:00.960 --> 0:39:04.040
<v Speaker 1>going as an emergency. Explain to me how they're taking

0:39:04.040 --> 0:39:05.120
<v Speaker 1>all these Trump cases.

0:39:05.360 --> 0:39:07.799
<v Speaker 7>It's worth stressing two things that I think may not

0:39:07.840 --> 0:39:10.360
<v Speaker 7>be visible to everybody. So I think folks Molly have

0:39:10.400 --> 0:39:12.440
<v Speaker 7>a pretty good intuitive sense that there's been a ton

0:39:12.440 --> 0:39:15.920
<v Speaker 7>of litigation against Trump administration policies. What I think is

0:39:16.000 --> 0:39:19.560
<v Speaker 7>less visible is that Trump's Justice Department is being very

0:39:19.560 --> 0:39:23.239
<v Speaker 7>selective about which cases they're taken up quickly and which

0:39:23.239 --> 0:39:26.239
<v Speaker 7>cases they're slow walking. So you know, for example, right,

0:39:26.320 --> 0:39:30.120
<v Speaker 7>like the law firm lawsuits. Right, they've already lost those

0:39:30.200 --> 0:39:32.799
<v Speaker 7>cases in the trial courtse but they're not hustling to

0:39:32.800 --> 0:39:33.879
<v Speaker 7>take those appeals up.

0:39:34.040 --> 0:39:34.640
<v Speaker 1>Why is that?

0:39:34.920 --> 0:39:37.560
<v Speaker 7>Because they know they're losers and because they right there,

0:39:37.680 --> 0:39:40.120
<v Speaker 7>they're trying to sort of keep this, you know, sort

0:39:40.160 --> 0:39:42.759
<v Speaker 7>of in place to bully other law firms as long

0:39:42.800 --> 0:39:43.440
<v Speaker 7>as possible.

0:39:43.680 --> 0:39:45.840
<v Speaker 1>Say that again, because I think people need to know

0:39:45.880 --> 0:39:49.960
<v Speaker 1>that the law firms that are protesting Trump, standing up

0:39:49.960 --> 0:39:51.480
<v Speaker 1>to Trump Trump is losing.

0:39:51.640 --> 0:39:54.000
<v Speaker 7>Yes, the law firms are winning. The district judges here.

0:39:54.040 --> 0:39:55.880
<v Speaker 7>I think there are three different cases and the district

0:39:55.960 --> 0:39:59.280
<v Speaker 7>judges in all three cases have issued temporary restraining orders

0:39:59.320 --> 0:40:01.920
<v Speaker 7>blocking the executive orders, Mollie, because there have been I

0:40:01.960 --> 0:40:05.719
<v Speaker 7>think now ninety eight cases where district courts have either

0:40:05.760 --> 0:40:08.440
<v Speaker 7>granted or denied temporary relief against it. Like who can

0:40:08.520 --> 0:40:09.720
<v Speaker 7>keep track of all those cases?

0:40:09.800 --> 0:40:10.520
<v Speaker 3>Right? Right?

0:40:10.600 --> 0:40:13.160
<v Speaker 1>But it's word to the wise. If you are a

0:40:13.239 --> 0:40:16.640
<v Speaker 1>law firm and you want to go against Trump, you

0:40:16.760 --> 0:40:17.239
<v Speaker 1>will win.

0:40:17.719 --> 0:40:20.080
<v Speaker 7>This is well, this is what the lawyers have been saying, right,

0:40:20.080 --> 0:40:22.840
<v Speaker 7>I mean, why the law firms are folding when the

0:40:22.920 --> 0:40:25.160
<v Speaker 7>law is so I mean, you know they're good enough lawyers,

0:40:25.200 --> 0:40:26.480
<v Speaker 7>Molly to know that they're going to win.

0:40:26.719 --> 0:40:30.160
<v Speaker 1>And when you're captured by Trump, you are then his

0:40:30.400 --> 0:40:33.640
<v Speaker 1>servant and you're not protected by the courts, You're not

0:40:33.800 --> 0:40:38.040
<v Speaker 1>protected by the Supreme Court. You are actually just only

0:40:38.280 --> 0:40:39.560
<v Speaker 1>at the whim of one man.

0:40:39.960 --> 0:40:42.000
<v Speaker 7>Right, I mean, if you make a deal voluntarily, right,

0:40:42.080 --> 0:40:44.280
<v Speaker 7>the fact that a different executive order has been struck

0:40:44.320 --> 0:40:46.960
<v Speaker 7>down isn't going to help you. But meanwhile, right instead,

0:40:47.000 --> 0:40:49.160
<v Speaker 7>So the Trump molly here we are. It's what April

0:40:49.200 --> 0:40:52.279
<v Speaker 7>twenty third, so we're like ninety two days in and

0:40:52.320 --> 0:40:56.319
<v Speaker 7>the Trump administration has so far filed ten emergency applications

0:40:56.320 --> 0:40:58.080
<v Speaker 7>in the Supreme Court. So there are ten of these

0:40:58.120 --> 0:41:00.520
<v Speaker 7>cases that the Trump administration has tried to get to

0:41:00.560 --> 0:41:02.160
<v Speaker 7>the Supreme Court in a hurry. Just to put that

0:41:02.200 --> 0:41:05.480
<v Speaker 7>into context, during the Bush and Obama administrations, right across

0:41:05.480 --> 0:41:09.120
<v Speaker 7>sixteen years, if I Recoverment filed eight emergency applications. So

0:41:09.360 --> 0:41:11.160
<v Speaker 7>we've had more in three months than we had in

0:41:11.200 --> 0:41:13.440
<v Speaker 7>sixteen years. A lot of those are in this Alien

0:41:13.560 --> 0:41:16.239
<v Speaker 7>Enemy Act and or immigration context. But we also are

0:41:16.280 --> 0:41:19.880
<v Speaker 7>going to have oral arguments in May in the birthright

0:41:19.960 --> 0:41:23.759
<v Speaker 7>citizenship cases. We have an application pending where Trump is

0:41:23.800 --> 0:41:25.960
<v Speaker 7>trying to basically get the Supreme Court to sign off

0:41:25.960 --> 0:41:30.040
<v Speaker 7>on his firing of members of the National Labor Relations

0:41:30.040 --> 0:41:32.040
<v Speaker 7>Board and the Merit Systems Protection Board.

0:41:32.320 --> 0:41:34.600
<v Speaker 1>I want to go back to the birth rate citizenship.

0:41:34.800 --> 0:41:40.320
<v Speaker 1>Birthrate citizenship was taken up by the Supreme Court. Why, Well, that's.

0:41:40.160 --> 0:41:42.920
<v Speaker 7>A good question. So what is weird about the birthright

0:41:42.920 --> 0:41:47.080
<v Speaker 7>citizenship cases is that the Supreme Court has only for

0:41:47.239 --> 0:41:50.960
<v Speaker 7>now taken up the question of whether when three different

0:41:51.040 --> 0:41:54.719
<v Speaker 7>district courts, one in Boston, one in Seattle, one in Greenbelt, Maryland,

0:41:54.960 --> 0:42:00.640
<v Speaker 7>blocked Trump's policy, whether their injunctions were too broad. Administration

0:42:00.760 --> 0:42:03.480
<v Speaker 7>is not asking the Supreme Court, molly at this juncture,

0:42:03.800 --> 0:42:06.640
<v Speaker 7>to say that the policy is lawful, right. All they're

0:42:06.640 --> 0:42:08.440
<v Speaker 7>asking the Supreme Court to do is to narrow the

0:42:08.480 --> 0:42:11.160
<v Speaker 7>relief that the Court's provided to only the plaintiffs in

0:42:11.160 --> 0:42:13.280
<v Speaker 7>those cases. And the reason, Mally White that's a huge

0:42:13.320 --> 0:42:16.759
<v Speaker 7>deal is because if the Court agrees and says, oh,

0:42:16.760 --> 0:42:18.919
<v Speaker 7>we're not saying anything about the merits you know, blah

0:42:18.960 --> 0:42:21.879
<v Speaker 7>blah blah, that still means the policy would go into

0:42:21.920 --> 0:42:25.040
<v Speaker 7>effect for like ninety nine percent of the country. And

0:42:25.080 --> 0:42:27.560
<v Speaker 7>so maybe you know you're next door neighbor who happens

0:42:27.600 --> 0:42:30.000
<v Speaker 7>to be covered by the policy, like maybe they could sue,

0:42:30.080 --> 0:42:32.400
<v Speaker 7>but they'd have to sue to get their kid to

0:42:32.400 --> 0:42:33.400
<v Speaker 7>be declared a citizen.

0:42:33.600 --> 0:42:36.959
<v Speaker 1>Oh wow, so it would actually work. This is for

0:42:37.040 --> 0:42:38.239
<v Speaker 1>the whole Encelona.

0:42:38.760 --> 0:42:41.160
<v Speaker 7>And this is the pattern. So you know, we spend

0:42:41.200 --> 0:42:43.760
<v Speaker 7>so much time ally talking about sort of John Roberts

0:42:43.760 --> 0:42:46.840
<v Speaker 7>trying to defuse things Trump is two I mean, and

0:42:46.880 --> 0:42:49.200
<v Speaker 7>what I mean by that is Trump is trying to

0:42:49.440 --> 0:42:53.960
<v Speaker 7>use the Supreme Court procedurally to take policies that he

0:42:54.120 --> 0:42:56.480
<v Speaker 7>doesn't think that he has the votes for on the marriage,

0:42:56.520 --> 0:42:58.960
<v Speaker 7>or he does not think or the lawyers don't think

0:42:59.400 --> 0:43:02.480
<v Speaker 7>that five justices are going to uphold this policy. But

0:43:02.680 --> 0:43:08.319
<v Speaker 7>these procedural conceits and these procedural contrivances are there to

0:43:08.400 --> 0:43:12.239
<v Speaker 7>try to provide the sort of the fig leaf, right,

0:43:12.320 --> 0:43:15.520
<v Speaker 7>the shadow of a justification for why the Supreme Court

0:43:15.560 --> 0:43:18.520
<v Speaker 7>could issue a technical rule in where maybe even they

0:43:18.520 --> 0:43:21.120
<v Speaker 7>say nasty things about the Burke relationship policy, but the

0:43:21.160 --> 0:43:24.080
<v Speaker 7>practical effect is that the policy goes goes into force.

0:43:24.640 --> 0:43:30.040
<v Speaker 1>That is so craven in a way. But there's also

0:43:30.320 --> 0:43:33.680
<v Speaker 1>a lot of other policies. Just two more seconds on

0:43:33.719 --> 0:43:38.200
<v Speaker 1>this what else Because there's an anti LGBTQ.

0:43:38.320 --> 0:43:38.920
<v Speaker 3>Believe it or not.

0:43:38.920 --> 0:43:41.600
<v Speaker 7>The Supreme Court also has a regular job, right, and

0:43:41.680 --> 0:43:44.279
<v Speaker 7>so the Court is in the middle of the April

0:43:44.440 --> 0:43:47.080
<v Speaker 7>oral argument calendar, which Molly traditionally is where all the

0:43:47.120 --> 0:43:49.000
<v Speaker 7>big cases go. So you know, you and I are

0:43:49.040 --> 0:43:51.920
<v Speaker 7>sitting here on Wednesday. On Tuesday, the Court had this

0:43:51.960 --> 0:43:55.960
<v Speaker 7>big oral argument about whether parents of public school kids

0:43:55.960 --> 0:43:59.560
<v Speaker 7>in Montgomery County, Maryland can object to the inclusion of

0:43:59.600 --> 0:44:03.040
<v Speaker 7>certain books in the curriculum on religious grounds, right, books

0:44:03.080 --> 0:44:06.640
<v Speaker 7>that portray same sex couples in a positive light, et cetera.

0:44:07.000 --> 0:44:09.520
<v Speaker 7>Next week, the Supreme Court has an oral argument on

0:44:09.560 --> 0:44:14.160
<v Speaker 7>whether the Oklahoma Constitution violates the First Amendments Free Exercise

0:44:14.200 --> 0:44:17.000
<v Speaker 7>Clause because it's been interpreted to not allow the state

0:44:17.200 --> 0:44:21.440
<v Speaker 7>to fund religious charter schools, right, meaning like must states

0:44:21.600 --> 0:44:25.399
<v Speaker 7>fund religious charter schools. The Supreme Court still has its

0:44:25.440 --> 0:44:27.760
<v Speaker 7>regular bucket of cases that are going to make people

0:44:27.760 --> 0:44:29.719
<v Speaker 7>like you and me tear our hair out. Well, you

0:44:29.760 --> 0:44:32.319
<v Speaker 7>still have hair. But what's crazy about what's going on

0:44:32.480 --> 0:44:35.560
<v Speaker 7>is all of this emergency application stuff. This happening not

0:44:35.760 --> 0:44:38.239
<v Speaker 7>in lieu of those big cases, but on top of them,

0:44:38.360 --> 0:44:41.319
<v Speaker 7>where it's just like the Supreme Court is busier and

0:44:41.400 --> 0:44:44.280
<v Speaker 7>more in the middle of everything than really we've ever

0:44:44.320 --> 0:44:45.080
<v Speaker 7>seen before.

0:44:45.239 --> 0:44:48.200
<v Speaker 1>If it comes down to it, do you think ultimately

0:44:48.280 --> 0:44:51.080
<v Speaker 1>there are five saying people on the court.

0:44:51.360 --> 0:44:51.880
<v Speaker 3>I do.

0:44:52.239 --> 0:44:56.040
<v Speaker 7>So let me say this as clearly and emphatically as possible.

0:44:56.120 --> 0:44:59.400
<v Speaker 7>I think there are exactly five votes in the big

0:44:59.480 --> 0:45:04.240
<v Speaker 7>rule of law cases to stand up for basic principles

0:45:04.239 --> 0:45:06.880
<v Speaker 7>of due process, to stand up for basic principles of

0:45:07.000 --> 0:45:09.000
<v Speaker 7>separation of powers. And just to be clear, I think

0:45:09.040 --> 0:45:11.759
<v Speaker 7>that the five votes are the three Democratic appointees and

0:45:11.880 --> 0:45:14.640
<v Speaker 7>Chief Justice John Roberts and Justice Ammy Cony Barrett.

0:45:14.719 --> 0:45:15.839
<v Speaker 1>And that's it, and that's it.

0:45:16.120 --> 0:45:19.160
<v Speaker 7>And so when I lose sleepover is not that I

0:45:19.160 --> 0:45:21.160
<v Speaker 7>think there are five votes, and I think those five

0:45:21.239 --> 0:45:24.640
<v Speaker 7>votes will will be enough when we get there. Where

0:45:24.680 --> 0:45:29.000
<v Speaker 7>I lose sleepover is how much damage and how much

0:45:29.160 --> 0:45:32.560
<v Speaker 7>mess and how much disruption there's going to be until

0:45:32.560 --> 0:45:33.760
<v Speaker 7>and unless we get to that point.

0:45:35.000 --> 0:45:44.719
<v Speaker 1>Thank you, Stephen Bladock, Thanks Molly, No moment, Jesse Cannon Somley.

0:45:44.880 --> 0:45:48.960
<v Speaker 2>In our home city of New York, this is really

0:45:49.000 --> 0:45:52.520
<v Speaker 2>really grotesque stuff. We have four year olds going to

0:45:52.600 --> 0:45:55.120
<v Speaker 2>court in New York City with no lawyer for immigration.

0:45:55.560 --> 0:45:59.359
<v Speaker 1>It's disgusting. This country is falling apart This is not

0:45:59.440 --> 0:46:02.279
<v Speaker 1>how any supposed work. Four year olds should not be

0:46:02.440 --> 0:46:06.600
<v Speaker 1>going to courthouses by themselves, they should be being protected.

0:46:06.640 --> 0:46:10.480
<v Speaker 1>The fact that this country is so uninterested in protecting

0:46:10.640 --> 0:46:17.120
<v Speaker 1>children is just so incredibly distressing and unsurprising and disgusting

0:46:17.280 --> 0:46:20.439
<v Speaker 1>and will forever be our moment of fuck Ray.

0:46:21.000 --> 0:46:23.279
<v Speaker 2>Yeah, and I can't help but think that this is

0:46:23.320 --> 0:46:26.360
<v Speaker 2>the logical conclusion of what happens after Eric Adams is

0:46:26.400 --> 0:46:30.400
<v Speaker 2>shown to be Tom Holman's pet and has meetings with

0:46:30.480 --> 0:46:33.280
<v Speaker 2>Christy nom this week the worst.

0:46:34.239 --> 0:46:38.800
<v Speaker 1>That's it for this episode of Fast Politics. Tune in

0:46:38.920 --> 0:46:44.360
<v Speaker 1>every Monday, Wednesday, Thursday and Saturday to hear the best

0:46:44.440 --> 0:46:48.759
<v Speaker 1>minds and politics make sense of all this chaos. If

0:46:48.760 --> 0:46:51.840
<v Speaker 1>you enjoy this podcast, please send it to a friend

0:46:52.280 --> 0:46:55.520
<v Speaker 1>and keep the conversation going. Thanks for listening.