1
00:00:00,640 --> 00:00:04,160
Speaker 1: Hi, I'm Molly John Fast and this is Fast Politics,

2
00:00:04,400 --> 00:00:07,160
Speaker 1: where we discussed the top political headlines with some of

3
00:00:07,160 --> 00:00:11,400
Speaker 1: today's best minds. And the Biden administration has banned unpaid

4
00:00:11,440 --> 00:00:15,320
Speaker 1: medical bills from appearing on credit reports. We have such

5
00:00:15,320 --> 00:00:18,840
Speaker 1: a great show for you today, The Mary Trump Shows

6
00:00:19,120 --> 00:00:23,960
Speaker 1: Own Mary Trump stops by to talk about what Trump

7
00:00:23,960 --> 00:00:26,479
Speaker 1: tool point OH may look like. Then we'll talk to

8
00:00:26,600 --> 00:00:31,200
Speaker 1: the Shadow Docket author Steven Gladock about the Supreme Court's

9
00:00:31,440 --> 00:00:33,640
Speaker 1: upcoming decision on corporate transparency.

10
00:00:33,680 --> 00:00:34,599
Speaker 2: But first the.

11
00:00:34,600 --> 00:00:38,560
Speaker 3: News Smili, Happy new year to you and the listeners.

12
00:00:38,960 --> 00:00:40,680
Speaker 3: We're back in full force again.

13
00:00:41,240 --> 00:00:44,840
Speaker 2: Yes, and we're back and not a moment too soon.

14
00:00:45,640 --> 00:00:49,080
Speaker 3: So let's talk about I would say my least favorite

15
00:00:49,080 --> 00:00:52,520
Speaker 3: social network, Meta and the Facebook. I'm going to shock

16
00:00:52,560 --> 00:00:56,640
Speaker 3: you here. When wearing nine hundred thousand dollars watches to

17
00:00:56,640 --> 00:01:00,560
Speaker 3: press conferences, Mark Zuckerberg continues as a cent into doing

18
00:01:00,600 --> 00:01:01,240
Speaker 3: bad things.

19
00:01:01,720 --> 00:01:05,160
Speaker 1: Yeah, so it turns out that if you don't regulate

20
00:01:05,200 --> 00:01:07,920
Speaker 1: tech companies, they do not regulate themselves.

21
00:01:08,240 --> 00:01:10,399
Speaker 2: Who could have seen this coming? Who could have.

22
00:01:10,360 --> 00:01:15,839
Speaker 1: Seen absolutely not regulating companies and then them just doing

23
00:01:15,880 --> 00:01:17,000
Speaker 1: whatever the fuck they want?

24
00:01:17,120 --> 00:01:20,040
Speaker 3: Definitely not numerous segments we taped on this podcast.

25
00:01:20,280 --> 00:01:24,160
Speaker 1: Yes, Meta is embracing trump Ism. And while the poor

26
00:01:24,240 --> 00:01:29,840
Speaker 1: Man's Elon Mark Zuckerberg was often pretended to be a Democrat,

27
00:01:29,959 --> 00:01:33,240
Speaker 1: it turns out that being a billionaire is its own

28
00:01:33,440 --> 00:01:39,560
Speaker 1: special religion, its own political party, and so basically Met

29
00:01:39,600 --> 00:01:44,000
Speaker 1: has gone all in on Trump. They have added Dana

30
00:01:44,040 --> 00:01:48,800
Speaker 1: White to their board because it was easier than adding Eric.

31
00:01:49,240 --> 00:01:51,600
Speaker 1: They are no longer going to fact check in fact,

32
00:01:51,640 --> 00:01:54,360
Speaker 1: they're just going to have community notes. And the reason

33
00:01:54,360 --> 00:01:56,920
Speaker 1: they're going to do this is because it's cheaper and

34
00:01:57,000 --> 00:02:01,120
Speaker 1: also because it's what Republicans want. And also they're going

35
00:02:01,120 --> 00:02:06,640
Speaker 1: to move their jurisdictions. Shockingly, you'll be shocked to hear

36
00:02:06,840 --> 00:02:11,720
Speaker 1: from the state of California to the state where all

37
00:02:11,840 --> 00:02:16,040
Speaker 1: Republicans love love to be where you and I know

38
00:02:16,160 --> 00:02:20,960
Speaker 1: it well, the state of Texas, where Elon is a

39
00:02:21,040 --> 00:02:25,200
Speaker 1: special VIP and the judges do a lot of stuff

40
00:02:25,400 --> 00:02:27,360
Speaker 1: that the right really loves.

41
00:02:27,840 --> 00:02:29,799
Speaker 3: I think one of the things that really full under

42
00:02:29,800 --> 00:02:33,760
Speaker 3: the radar is that former UK Conservative Nick Craig left

43
00:02:33,880 --> 00:02:36,960
Speaker 3: Meta and then they replaced him with Republican Joel Kaplan,

44
00:02:37,040 --> 00:02:40,079
Speaker 3: who I'm sure is going to just help that fever

45
00:02:40,200 --> 00:02:44,000
Speaker 3: swamp of misinformation to just brewin brew and brew over

46
00:02:44,080 --> 00:02:44,760
Speaker 3: on Facebook.

47
00:02:44,880 --> 00:02:47,440
Speaker 1: Yeah, I mean, Nick Laid, let's get too high on

48
00:02:47,440 --> 00:02:50,280
Speaker 1: our own supply here. All these people care only about

49
00:02:50,320 --> 00:02:53,600
Speaker 1: one thing, which is meta making more money for zuck

50
00:02:54,000 --> 00:02:56,440
Speaker 1: You know however that works. But I would like to

51
00:02:56,480 --> 00:03:01,560
Speaker 1: say that Zuckerberg since he's become red pill, and by redpilled,

52
00:03:01,600 --> 00:03:03,400
Speaker 1: I mean whatever, who the fuck cares?

53
00:03:03,440 --> 00:03:04,200
Speaker 2: This guy sucks.

54
00:03:04,320 --> 00:03:07,080
Speaker 1: Zuckerberg cited the recent election as a driving force in

55
00:03:07,120 --> 00:03:12,240
Speaker 1: his company's decision, slamming government. Yeah, the government that didn't

56
00:03:12,240 --> 00:03:15,680
Speaker 1: regulate him at all. With that government, very mad at them,

57
00:03:16,040 --> 00:03:20,080
Speaker 1: and Legacy media, which he killed as pushing the company

58
00:03:20,120 --> 00:03:24,520
Speaker 1: to censor more and more. Yeah, sure, sure, good stuff,

59
00:03:24,919 --> 00:03:29,920
Speaker 1: Mark Zuckerberg. You'll remember Facebook had some involvement in the

60
00:03:30,000 --> 00:03:34,800
Speaker 1: Rhingen genocide. Looking forward to see what other crimes of

61
00:03:34,880 --> 00:03:39,080
Speaker 1: humanity they are able to help with during the Trump

62
00:03:39,120 --> 00:03:40,080
Speaker 1: two point zero.

63
00:03:39,960 --> 00:03:43,320
Speaker 3: Speaking of the hells Gate, Molly, we're back to someone.

64
00:03:43,360 --> 00:03:46,760
Speaker 3: I thank god. I bear no relationship to District Judge

65
00:03:46,840 --> 00:03:50,560
Speaker 3: Aileen Kennon and her latest decision to help mister Trump.

66
00:03:50,560 --> 00:03:52,240
Speaker 4: What are you seeing here, Aileen?

67
00:03:52,600 --> 00:03:56,160
Speaker 1: She is auditioning for a job on the Supreme Court.

68
00:03:56,520 --> 00:04:00,400
Speaker 1: Because every time she has a minute, she does whatever

69
00:04:00,440 --> 00:04:03,480
Speaker 1: she can to help her man, Donald Trump. You'll remember

70
00:04:03,600 --> 00:04:06,680
Speaker 1: she was the judge for the document's case, and what

71
00:04:06,720 --> 00:04:11,400
Speaker 1: did you do? She just was like, my guys, okay,

72
00:04:11,600 --> 00:04:15,560
Speaker 1: and now here we are. She has an order to

73
00:04:15,680 --> 00:04:19,120
Speaker 1: prevent Smith and the Justice Department from moving forward with

74
00:04:19,200 --> 00:04:22,560
Speaker 1: releasing the report until the Twelfth Circuit Court of Appeals

75
00:04:22,600 --> 00:04:25,359
Speaker 1: has time to review the emergency motion by Trump's co

76
00:04:25,520 --> 00:04:28,600
Speaker 1: defendants to block the reports released. So probably a lot

77
00:04:28,640 --> 00:04:32,640
Speaker 1: of stuff has been seen, maybe some of it hasn't. Again,

78
00:04:32,839 --> 00:04:36,919
Speaker 1: Trump has successfully used lawyers to punt all of his

79
00:04:37,160 --> 00:04:41,719
Speaker 1: legal travails. Now he's going to be president again, it's

80
00:04:41,760 --> 00:04:45,919
Speaker 1: hard to think of. You know, this is what happens

81
00:04:45,920 --> 00:04:48,560
Speaker 1: when you're affluent and you're white and you can afford

82
00:04:48,640 --> 00:04:53,599
Speaker 1: endless lawyers, is that you can put off punishment indefinitely.

83
00:04:53,680 --> 00:04:55,039
Speaker 2: And that is where we are.

84
00:04:55,279 --> 00:04:59,040
Speaker 1: So Judge jay Leen has her you know, she may

85
00:04:59,080 --> 00:05:01,680
Speaker 1: have her own motive for this, for her own career,

86
00:05:01,839 --> 00:05:06,680
Speaker 1: but this is certainly not how any of this is supposed.

87
00:05:06,320 --> 00:05:10,599
Speaker 3: To work, So Molly. One of the more weird sense

88
00:05:11,000 --> 00:05:14,560
Speaker 3: of Trump's recent thoughts since the election has been that

89
00:05:14,640 --> 00:05:19,640
Speaker 3: he's going to control of the Panama Canal and annex Greenland. Today,

90
00:05:20,120 --> 00:05:22,680
Speaker 3: in an interview, he said he would not rule out

91
00:05:23,080 --> 00:05:24,600
Speaker 3: using military force for it.

92
00:05:25,000 --> 00:05:25,279
Speaker 2: Yeah.

93
00:05:25,400 --> 00:05:29,560
Speaker 1: I mean I was elected to make things cheaper, right,

94
00:05:29,640 --> 00:05:32,479
Speaker 1: that was what the voters wanted him to make things cheaper.

95
00:05:32,640 --> 00:05:36,080
Speaker 1: They wanted him to curb inflation. Here's how not to

96
00:05:36,160 --> 00:05:41,200
Speaker 1: do that. Invade Greenland. I try to annex Canada. Look,

97
00:05:41,360 --> 00:05:44,880
Speaker 1: I think this is in troll. Trump really loves to

98
00:05:44,880 --> 00:05:49,640
Speaker 1: get libs angry, wants them to seem hysterical, wants them

99
00:05:49,760 --> 00:05:52,880
Speaker 1: to see you know, this is this Steve Bannon flood.

100
00:05:52,920 --> 00:05:56,479
Speaker 1: The zone was shit thing where you have so many

101
00:05:56,520 --> 00:06:00,159
Speaker 1: things going on and so many dangers from Trump that

102
00:06:00,200 --> 00:06:03,080
Speaker 1: you can't tell the forest from the tree. Is I

103
00:06:03,200 --> 00:06:05,359
Speaker 1: truly believe that Donald Trump is not going to go

104
00:06:05,400 --> 00:06:08,960
Speaker 1: to war with Canada. And I think that it's more

105
00:06:08,960 --> 00:06:13,120
Speaker 1: important that people focus on his nominees, you know, and

106
00:06:13,600 --> 00:06:17,880
Speaker 1: pressuring members of the Senate to use their Article to

107
00:06:18,480 --> 00:06:23,560
Speaker 1: duty to really hold good hearings about people like Cash Battel,

108
00:06:23,760 --> 00:06:28,840
Speaker 1: and not worry about Trump invading Greenland because nobody wants that.

109
00:06:28,960 --> 00:06:31,240
Speaker 1: He was not elected to do that, and the whole

110
00:06:31,279 --> 00:06:33,560
Speaker 1: idea that he would change the name to the Gulf

111
00:06:33,720 --> 00:06:36,919
Speaker 1: of America from the Gulf of Mexico. It's a troll.

112
00:06:37,120 --> 00:06:39,600
Speaker 1: I really think it's worth not falling for it.

113
00:06:40,440 --> 00:06:44,800
Speaker 3: Yeah, well, in fun, you and I are the biggest

114
00:06:44,800 --> 00:06:47,160
Speaker 3: fans of Palace intrigue. But I do have to say

115
00:06:47,160 --> 00:06:49,600
Speaker 3: I'm popping the popcorn for a thing that we all

116
00:06:49,640 --> 00:06:53,240
Speaker 3: inevitably knew would happened, which is Maggie Haberman saying that

117
00:06:53,279 --> 00:06:55,360
Speaker 3: Trump is quite sick of Elon being around.

118
00:06:55,800 --> 00:06:56,080
Speaker 2: Yeah.

119
00:06:56,160 --> 00:07:00,159
Speaker 1: I mean, we've seen this reported everywhere, but mag he

120
00:07:00,360 --> 00:07:03,440
Speaker 1: is the person who really does know what's going on

121
00:07:03,839 --> 00:07:07,160
Speaker 1: in Morlago, unfortunately for her, because I don't know how

122
00:07:07,200 --> 00:07:08,960
Speaker 1: great it is to know that kind of stuff. But

123
00:07:09,080 --> 00:07:12,200
Speaker 1: there has never been room and Trump one point h

124
00:07:12,240 --> 00:07:14,720
Speaker 1: for a co president, and it's hard for me to

125
00:07:14,840 --> 00:07:16,440
Speaker 1: imagine that Trump will start now.

126
00:07:16,960 --> 00:07:17,320
Speaker 2: Now.

127
00:07:17,680 --> 00:07:21,120
Speaker 1: Elon is very distracted by trying to manage elections in

128
00:07:21,240 --> 00:07:24,560
Speaker 1: other countries. I think he feels that his success with

129
00:07:24,720 --> 00:07:27,640
Speaker 1: Trump has given him a kind of Perhaps he's really

130
00:07:27,680 --> 00:07:30,920
Speaker 1: good at politics, and he can get far right parties

131
00:07:30,960 --> 00:07:34,160
Speaker 1: installed in all of the major countries. I think that

132
00:07:34,400 --> 00:07:37,040
Speaker 1: if you watch his Twitter is what he's trying to do.

133
00:07:37,720 --> 00:07:41,400
Speaker 1: I wonder how much any of that will work for him.

134
00:07:41,680 --> 00:07:44,400
Speaker 1: But I do think if Trump, I think Trump is

135
00:07:44,440 --> 00:07:46,400
Speaker 1: going to get sick of him and he has you know,

136
00:07:46,440 --> 00:07:49,080
Speaker 1: he's the richest guy in the world, controls all these satellites,

137
00:07:49,120 --> 00:07:51,520
Speaker 1: controls all of these government contractors.

138
00:07:51,600 --> 00:07:52,600
Speaker 2: Something's got to give.

139
00:07:53,280 --> 00:07:53,760
Speaker 3: Let us.

140
00:07:57,400 --> 00:07:59,920
Speaker 1: Mary Trump is the host of The Mary Trump Show

141
00:08:00,160 --> 00:08:02,360
Speaker 1: the author of Who Could Ever Love You?

142
00:08:02,520 --> 00:08:07,760
Speaker 2: A family memoir. Welcome back to Fast Politics, Mary.

143
00:08:07,480 --> 00:08:09,600
Speaker 5: Trump, Hello, Molly dog Fast.

144
00:08:09,920 --> 00:08:12,480
Speaker 1: I'm glad to have you here because we laugh to

145
00:08:12,560 --> 00:08:13,320
Speaker 1: keep from crying.

146
00:08:13,600 --> 00:08:17,560
Speaker 6: Yes, indeed, we're doing it already.

147
00:08:17,720 --> 00:08:18,960
Speaker 2: Yeah, we're doing it already.

148
00:08:19,080 --> 00:08:22,360
Speaker 1: And it's not because we don't see the seriousness of

149
00:08:22,400 --> 00:08:25,400
Speaker 1: this moment. In fact, we absolutely do see the seriousness

150
00:08:25,400 --> 00:08:28,560
Speaker 1: of this moment, which is why I honestly I love

151
00:08:28,640 --> 00:08:31,480
Speaker 1: you and we're friends, and I know how much you

152
00:08:31,600 --> 00:08:35,920
Speaker 1: hate doing the media stuff that I make you do here.

153
00:08:37,600 --> 00:08:39,840
Speaker 5: Well hate is a strong word, but you know.

154
00:08:39,880 --> 00:08:41,920
Speaker 1: I mean this is like I think of you as

155
00:08:42,120 --> 00:08:48,439
Speaker 1: understanding the States and also being here because you feel

156
00:08:48,920 --> 00:08:49,600
Speaker 1: that you must.

157
00:08:50,200 --> 00:08:51,400
Speaker 5: Yes, I think that's fair.

158
00:08:51,520 --> 00:08:53,920
Speaker 1: First, I want to talk about how we feel we've

159
00:08:53,960 --> 00:08:56,720
Speaker 1: been failed, because I have done a lot of talking

160
00:08:56,720 --> 00:08:59,320
Speaker 1: about the ways in which I have failed people. You know,

161
00:08:59,440 --> 00:09:01,520
Speaker 1: I feel that I was wrong about the election. I

162
00:09:01,600 --> 00:09:04,320
Speaker 1: feel that I was overly optimistic. I had a lot

163
00:09:04,400 --> 00:09:09,280
Speaker 1: of priors that I used information to confirm. Now I

164
00:09:09,320 --> 00:09:12,520
Speaker 1: would like you to talk, because I think of you

165
00:09:12,600 --> 00:09:16,439
Speaker 1: as thoughtful and also courageous about the ways in which

166
00:09:16,960 --> 00:09:20,559
Speaker 1: we feel we've been failed, first by the mainstream media,

167
00:09:20,840 --> 00:09:25,600
Speaker 1: of which there are numerous ways, and then by Democrats

168
00:09:25,600 --> 00:09:28,280
Speaker 1: more broadly. So talk to me about how the media

169
00:09:28,320 --> 00:09:30,000
Speaker 1: has failed us.

170
00:09:30,240 --> 00:09:33,160
Speaker 5: I want to start with yesterday one because it's top

171
00:09:33,200 --> 00:09:34,720
Speaker 5: of mind for obvious reasons.

172
00:09:34,960 --> 00:09:37,640
Speaker 7: It was yesterday, so we've got a recncy bias going on,

173
00:09:38,000 --> 00:09:42,200
Speaker 7: but also because it was, up until four years ago,

174
00:09:42,440 --> 00:09:47,320
Speaker 7: the anniversary of a completely mundane ceremonial process that most

175
00:09:47,360 --> 00:09:48,640
Speaker 7: Americans didn't even.

176
00:09:48,440 --> 00:09:52,040
Speaker 5: Know existed, which was simply the certification of the Electoral

177
00:09:52,040 --> 00:09:56,440
Speaker 5: College votes to make official whoever was the winner of

178
00:09:56,480 --> 00:09:59,840
Speaker 5: the presidential election. Now it's a different anniversary.

179
00:10:00,120 --> 00:10:04,360
Speaker 7: It is the anniversary of, you know, Donald's attempt to

180
00:10:04,400 --> 00:10:07,360
Speaker 7: overturn the results of a free and fair election, which

181
00:10:07,440 --> 00:10:12,800
Speaker 7: resulted in a mob attacking the capital. And I think

182
00:10:13,200 --> 00:10:17,520
Speaker 7: what we've learned in large part because of media complacency,

183
00:10:17,640 --> 00:10:20,880
Speaker 7: because of media corporate media's compulsion.

184
00:10:21,080 --> 00:10:22,000
Speaker 5: I guess to.

185
00:10:22,040 --> 00:10:25,920
Speaker 7: Normalize the abnormal as long as it benefits Republicans.

186
00:10:26,200 --> 00:10:28,000
Speaker 5: We learned the answer to a very.

187
00:10:27,880 --> 00:10:32,720
Speaker 7: Important question that practically nobody was asking, which is, was

188
00:10:32,760 --> 00:10:37,600
Speaker 7: the insurrection Donald incited on January sixth, twenty twenty one successful?

189
00:10:37,880 --> 00:10:43,480
Speaker 7: And yesterday, as his electoral College victory was certified without

190
00:10:43,559 --> 00:10:47,319
Speaker 7: incident with the usual ceremony and banality.

191
00:10:47,280 --> 00:10:49,760
Speaker 5: We learned that the answer to that question is yes,

192
00:10:50,160 --> 00:10:51,160
Speaker 5: it did.

193
00:10:52,000 --> 00:10:55,520
Speaker 7: So I do not think there is enough condemnation to

194
00:10:55,600 --> 00:11:03,680
Speaker 7: go around for the fact that this magic, monumentally history

195
00:11:03,960 --> 00:11:10,640
Speaker 7: altering incident on January sixth was memory hold, was made benign,

196
00:11:12,080 --> 00:11:16,760
Speaker 7: was turned into a pro Republican talking point in what

197
00:11:17,000 --> 00:11:18,360
Speaker 7: universe is that possible?

198
00:11:18,760 --> 00:11:21,680
Speaker 5: So I lay that mostly at the.

199
00:11:21,679 --> 00:11:24,880
Speaker 7: Feet of the Republican Party, of course, because they actually

200
00:11:24,880 --> 00:11:26,480
Speaker 7: had the power to do something about it.

201
00:11:26,559 --> 00:11:28,440
Speaker 5: I lay it at the feet of Merrick Garland.

202
00:11:28,880 --> 00:11:31,680
Speaker 7: Again, for those of you listening, if you've forgotten who

203
00:11:31,679 --> 00:11:35,280
Speaker 7: Merrick Garland was, it's completely unoffendable. As far as I understand,

204
00:11:35,480 --> 00:11:37,840
Speaker 7: he was Attorney General of the United States, who still

205
00:11:37,840 --> 00:11:39,360
Speaker 7: has two weeks to score us over.

206
00:11:39,440 --> 00:11:42,480
Speaker 5: But we'll get to that later. But also the media

207
00:11:42,600 --> 00:11:44,559
Speaker 5: who just lost interest, like.

208
00:11:44,559 --> 00:11:50,040
Speaker 7: The idea that Donald was presented as a normal, reasonable

209
00:11:50,200 --> 00:11:55,240
Speaker 7: candidate for the presidency without every single opening, you know,

210
00:11:55,400 --> 00:11:59,320
Speaker 7: lead paragraph and every article about him mentioning that he's

211
00:11:59,320 --> 00:12:02,040
Speaker 7: a perpetrate or the big lie, a man who incited

212
00:12:02,040 --> 00:12:05,520
Speaker 7: an insurrection against his own government is an adjudicated rapist,

213
00:12:06,480 --> 00:12:08,680
Speaker 7: on and on and on and on. Is one of

214
00:12:08,720 --> 00:12:14,520
Speaker 7: the greatest, gravest failures I've ever witnessed. Yeah, so that's

215
00:12:14,600 --> 00:12:17,600
Speaker 7: one big way the media has failed. It's not new,

216
00:12:17,880 --> 00:12:21,040
Speaker 7: but it's also hasn't always been this way. The focusing

217
00:12:21,080 --> 00:12:24,360
Speaker 7: on the horse race and ignoring the stakes of things,

218
00:12:24,440 --> 00:12:27,880
Speaker 7: just the failure to fact check, as if that were

219
00:12:27,920 --> 00:12:33,160
Speaker 7: some onerous task that's not the business of journalists right right, again,

220
00:12:33,400 --> 00:12:36,400
Speaker 7: all of which redounds to the benefit of the party

221
00:12:36,440 --> 00:12:38,720
Speaker 7: that's trying to get away with a line all the time.

222
00:12:39,080 --> 00:12:44,600
Speaker 1: I Mean, what I am struck by is the way

223
00:12:44,800 --> 00:12:50,280
Speaker 1: in which billionaires are not good stewards for the mainstream media.

224
00:12:50,400 --> 00:12:57,000
Speaker 1: Is that weird shocked in which that is really amazing.

225
00:12:57,440 --> 00:13:02,959
Speaker 1: You know, we were told in early years Trump one point,

226
00:13:03,000 --> 00:13:07,320
Speaker 1: oh that billionaires would save the media because they were

227
00:13:07,920 --> 00:13:14,320
Speaker 1: deeply patriotic and in fact they just completely suck. And also,

228
00:13:14,600 --> 00:13:17,160
Speaker 1: I might add, with the exception of Mark Cuban, who

229
00:13:17,280 --> 00:13:20,319
Speaker 1: I think has done some good stuff, but is also

230
00:13:20,440 --> 00:13:22,640
Speaker 1: not willing to buy the Washington Post.

231
00:13:22,679 --> 00:13:24,280
Speaker 2: And you know, like you think.

232
00:13:24,160 --> 00:13:30,040
Speaker 1: About Catherine Graham during the period known as Watergate, Trump

233
00:13:30,320 --> 00:13:33,199
Speaker 1: one point oh made Watergate look like Lincoln. Trump two

234
00:13:33,280 --> 00:13:38,160
Speaker 1: point oh will make Watergate right. Look, you know, like

235
00:13:38,240 --> 00:13:41,960
Speaker 1: the teapot dome scandal. I'm going to get somebody writing

236
00:13:42,000 --> 00:13:45,200
Speaker 1: into me about the true horribleness of the teapot dome.

237
00:13:45,240 --> 00:13:47,640
Speaker 2: Probably right. But the point here.

238
00:13:47,640 --> 00:13:52,120
Speaker 1: Is that the grand family provided the kind of moral

239
00:13:52,520 --> 00:13:55,520
Speaker 1: compass that the Washington Post needed in order to bring

240
00:13:55,640 --> 00:14:02,160
Speaker 1: down the Nixon administration. The Bezos owned Washington Post, in fact,

241
00:14:02,360 --> 00:14:08,400
Speaker 1: is largely against that kind of journalism, with some exceptions

242
00:14:08,600 --> 00:14:11,440
Speaker 1: we'll see what happens. But they have been, you know,

243
00:14:11,679 --> 00:14:18,920
Speaker 1: largely very much for supporting Trump and his machinations and voluntarily.

244
00:14:19,200 --> 00:14:20,960
Speaker 5: I think you could argue that.

245
00:14:20,880 --> 00:14:26,080
Speaker 7: The million dollars that Bezos, Zuckerberg, Tim Cook and others

246
00:14:26,320 --> 00:14:30,960
Speaker 7: have given to Donald's inauguration is kind of a ransom,

247
00:14:31,280 --> 00:14:36,000
Speaker 7: you know, yes, exactly, because none of them gave money

248
00:14:36,040 --> 00:14:40,040
Speaker 7: to Joe Biden or you who did gave much less, right,

249
00:14:40,280 --> 00:14:42,080
Speaker 7: So why because they.

250
00:14:42,080 --> 00:14:45,280
Speaker 5: Knew that Biden, no matter what they did, Biden wasn't.

251
00:14:45,040 --> 00:14:48,480
Speaker 7: Going to go after them. But they know that Donald will.

252
00:14:48,560 --> 00:14:51,400
Speaker 7: But they're going beyond and above and beyond the call.

253
00:14:51,480 --> 00:14:53,920
Speaker 7: Because if we talk about media, we also have to

254
00:14:54,000 --> 00:14:56,000
Speaker 7: talk about social media.

255
00:14:56,120 --> 00:15:01,920
Speaker 5: Bezos's Amazon is throwing forty million, setting forty million dollars

256
00:15:01,960 --> 00:15:08,000
Speaker 5: on fire to promote a Milania Trump documentary, which I

257
00:15:08,040 --> 00:15:10,440
Speaker 5: don't think there's a big audience for that, but I

258
00:15:10,480 --> 00:15:11,480
Speaker 5: mean I could be wrong.

259
00:15:11,680 --> 00:15:16,280
Speaker 2: It hard for me to imagine. I mean, what are

260
00:15:16,280 --> 00:15:16,640
Speaker 2: they doing?

261
00:15:16,800 --> 00:15:19,320
Speaker 5: It'd be lucky if they could fill the movie theater

262
00:15:19,400 --> 00:15:20,920
Speaker 5: at mar A Lago for that one.

263
00:15:20,880 --> 00:15:23,400
Speaker 2: Who wants it? Does even Mlani want that?

264
00:15:24,640 --> 00:15:26,480
Speaker 5: Well, she probably wants the forty million bucks?

265
00:15:26,800 --> 00:15:31,240
Speaker 2: Yeah, yeah, come on, yeah exactly. It's a good point.

266
00:15:31,600 --> 00:15:35,000
Speaker 7: We've got Musk now saying on Twitter he's they're going

267
00:15:35,160 --> 00:15:39,280
Speaker 7: to be promoting quote unquote positive posts and suppressing negative posts.

268
00:15:39,280 --> 00:15:42,480
Speaker 5: We know what that means, and now meta isn't good

269
00:15:42,520 --> 00:15:45,480
Speaker 5: to fact check anymore. Right Again, all of which were

270
00:15:45,560 --> 00:15:49,360
Speaker 5: downs to uh, the person and the party that means

271
00:15:49,400 --> 00:15:51,040
Speaker 5: to do us the most hard.

272
00:15:50,920 --> 00:15:54,120
Speaker 1: Right, But I want to point out here we are

273
00:15:54,240 --> 00:15:58,760
Speaker 1: at this moment where government regulation like government said we're

274
00:15:58,800 --> 00:16:01,720
Speaker 1: not going to regulate tech companies for any number of

275
00:16:01,800 --> 00:16:04,680
Speaker 1: reasons they did. They said, we're not going to regulate tech,

276
00:16:04,720 --> 00:16:08,359
Speaker 1: We're going to let tech regulate itself. And Tech decided

277
00:16:08,400 --> 00:16:10,920
Speaker 1: not to regulate itself because why the fuck would they.

278
00:16:11,160 --> 00:16:14,080
Speaker 1: Now we have Meta saying that they're going to put

279
00:16:14,360 --> 00:16:16,680
Speaker 1: they're not going to fact check, and they're going to

280
00:16:16,760 --> 00:16:20,680
Speaker 1: put Dana White on the board of Meta because Dana

281
00:16:20,720 --> 00:16:24,520
Speaker 1: White is why why do you put Dana White on

282
00:16:24,560 --> 00:16:29,080
Speaker 1: the board of Meta? Because you love wrestling or boxing

283
00:16:29,200 --> 00:16:31,880
Speaker 1: or whatever sport it is. He does what sport is it?

284
00:16:31,880 --> 00:16:34,960
Speaker 5: It's not wrestling, It's it's like MMA, but it's.

285
00:16:34,840 --> 00:16:36,400
Speaker 2: Not Yes UFC.

286
00:16:36,600 --> 00:16:38,720
Speaker 1: You put Daana White and which the two of us

287
00:16:38,720 --> 00:16:42,720
Speaker 1: are like, I'm like, it's boxing, it's wrestling. You put

288
00:16:42,800 --> 00:16:47,280
Speaker 1: Data White board of Meta because you love fighting, and

289
00:16:47,360 --> 00:16:50,320
Speaker 1: that is why No, you put Dana White on the

290
00:16:50,320 --> 00:16:52,840
Speaker 1: board of Meta because Dana White is a Trump or

291
00:16:53,360 --> 00:16:56,200
Speaker 1: and you want Trump to love you, and you think

292
00:16:56,240 --> 00:16:59,080
Speaker 1: that if you put Dana White on your board, it's

293
00:16:59,120 --> 00:17:01,880
Speaker 1: a little less obvious than putting Junior on the board,

294
00:17:01,920 --> 00:17:03,720
Speaker 1: But you probably should have just put Junior on the

295
00:17:03,720 --> 00:17:05,600
Speaker 1: board discussing on well.

296
00:17:05,400 --> 00:17:06,760
Speaker 5: He's in Greenland, so he's busy.

297
00:17:12,119 --> 00:17:16,680
Speaker 1: I'm having a real serious conversation about this idea that

298
00:17:17,320 --> 00:17:21,920
Speaker 1: you have to cover Trump and you shouldn't sainwash Trump. Yes,

299
00:17:22,480 --> 00:17:26,600
Speaker 1: but also you should not swing at every punch, and

300
00:17:26,680 --> 00:17:30,720
Speaker 1: so the Gulf of America is never going to happen,

301
00:17:31,280 --> 00:17:35,520
Speaker 1: and it's better to just say Trump is saying, like,

302
00:17:35,680 --> 00:17:39,000
Speaker 1: if you think about that press conference that Trump had yesterday,

303
00:17:39,080 --> 00:17:42,520
Speaker 1: because you're listening to this today and today is Wednesday

304
00:17:42,560 --> 00:17:45,240
Speaker 1: when this podcast comes out. If you are listening to

305
00:17:45,320 --> 00:17:49,359
Speaker 1: this podcast and you're thinking about that unhinged presser, the

306
00:17:49,440 --> 00:17:53,800
Speaker 1: first of many of the Trump two point zero unhinged pressers,

307
00:17:54,040 --> 00:17:56,840
Speaker 1: if you're thinking about it, think about focus on the

308
00:17:56,920 --> 00:17:58,760
Speaker 1: part where he said he wasn't going to be able

309
00:17:58,760 --> 00:18:02,520
Speaker 1: to bring prices down because it was really hard, versus

310
00:18:02,680 --> 00:18:05,040
Speaker 1: the fact that he was going to make it the

311
00:18:05,040 --> 00:18:07,400
Speaker 1: Gulf of America versus the Golf of Mexico.

312
00:18:07,720 --> 00:18:09,960
Speaker 2: Agree, disagree, and discuss.

313
00:18:10,160 --> 00:18:14,040
Speaker 7: Yeah, I completely agree with you that we cannot let

314
00:18:14,080 --> 00:18:16,639
Speaker 7: everything get our it hooks into us. We should know

315
00:18:16,800 --> 00:18:20,720
Speaker 7: by now that all of his rantings and ramblings do

316
00:18:20,840 --> 00:18:25,840
Speaker 7: not equally matter, and that much of the strategy is

317
00:18:25,880 --> 00:18:30,920
Speaker 7: to overwhelm us, is to exhaust us and demoralize us.

318
00:18:31,080 --> 00:18:34,000
Speaker 7: And you know, we don't do ourselves any favors. And

319
00:18:34,160 --> 00:18:35,959
Speaker 7: you know, sometimes like there are things that he might

320
00:18:36,000 --> 00:18:39,960
Speaker 7: be serious about and that might actually have serious implications,

321
00:18:40,000 --> 00:18:42,439
Speaker 7: but you know, we can't do anything about that. We

322
00:18:42,480 --> 00:18:44,960
Speaker 7: can't do anything about the fact that cash Pttel might

323
00:18:44,960 --> 00:18:47,600
Speaker 7: be director of the FBI. I mean, Democrats good have

324
00:18:47,640 --> 00:18:49,880
Speaker 7: but they decided it wasn't worth their while. I guess

325
00:18:50,000 --> 00:18:50,440
Speaker 7: I don't know.

326
00:18:50,520 --> 00:18:54,480
Speaker 1: And they can't. They still can't. Right, Well, let's.

327
00:18:53,520 --> 00:18:56,000
Speaker 2: Go back to that, but continue and then we'll go

328
00:18:56,080 --> 00:18:56,520
Speaker 2: back to that.

329
00:18:56,840 --> 00:18:59,480
Speaker 5: Yeah, so he's ranting about the Gulf of America.

330
00:18:59,600 --> 00:19:02,840
Speaker 7: If I you're one more person post one of his

331
00:19:03,040 --> 00:19:05,560
Speaker 7: posts and say, oh, he's really losing it now.

332
00:19:05,400 --> 00:19:09,280
Speaker 5: Well he's been losing for seventy years, Okay, so what

333
00:19:09,840 --> 00:19:12,520
Speaker 5: Oh he's really unhinged, like it's a day ending and

334
00:19:12,600 --> 00:19:16,800
Speaker 5: why Yeah, Like, we can't do that anymore, right, we can't.

335
00:19:16,520 --> 00:19:20,440
Speaker 7: Analyze everything like because you know, the main reason, besides

336
00:19:20,640 --> 00:19:22,879
Speaker 7: the fact that it's a waste of our energy, what

337
00:19:23,000 --> 00:19:27,600
Speaker 7: I learned they're at this selection is nobody cares Nobody

338
00:19:27,600 --> 00:19:30,960
Speaker 7: cares if he's mentally ill. Nobody cares if he is

339
00:19:31,040 --> 00:19:35,040
Speaker 7: neurologically impaired. Nobody cares how many times he lies or

340
00:19:35,160 --> 00:19:37,919
Speaker 7: how many times he got convicted of crimes or what

341
00:19:38,000 --> 00:19:38,760
Speaker 7: he got away with.

342
00:19:39,000 --> 00:19:42,240
Speaker 5: Nobody cares. This is what enough people in America wanted,

343
00:19:42,520 --> 00:19:43,600
Speaker 5: So here we are.

344
00:19:43,960 --> 00:19:47,840
Speaker 1: And I would also add, for example, people don't necessarily

345
00:19:47,880 --> 00:19:51,360
Speaker 1: care that he's a narcissist, like he's a narcissist, but

346
00:19:51,480 --> 00:19:54,120
Speaker 1: you know, I want to point out like a lot

347
00:19:54,160 --> 00:19:57,159
Speaker 1: of people are narciss a lot of politicians are narcissists,

348
00:19:57,160 --> 00:19:58,200
Speaker 1: and a lot.

349
00:19:58,040 --> 00:20:01,159
Speaker 6: Of most yeah, eactly, and a lot.

350
00:20:01,000 --> 00:20:05,360
Speaker 2: Of celebrities are a narcissists. Why Trump, I think got.

351
00:20:05,200 --> 00:20:08,399
Speaker 1: Reelected was because people for a number of reasons, but

352
00:20:08,840 --> 00:20:11,720
Speaker 1: part of it was that the anti Trump coalition did

353
00:20:11,720 --> 00:20:15,080
Speaker 1: not come out for Harris. Now I'm not sure that's

354
00:20:15,119 --> 00:20:18,000
Speaker 1: Harris's fault as much as it's the fault of a

355
00:20:18,040 --> 00:20:22,040
Speaker 1: coalition that has very specific ideas of what a president

356
00:20:22,119 --> 00:20:24,760
Speaker 1: should look like or what they want a president to

357
00:20:24,760 --> 00:20:28,280
Speaker 1: look like. But I want to point out here that

358
00:20:28,400 --> 00:20:31,760
Speaker 1: as we're looking at this, what I think is really

359
00:20:31,800 --> 00:20:35,520
Speaker 1: relevant and important is that they said things were too expensive.

360
00:20:35,560 --> 00:20:37,760
Speaker 1: A lot of voters said they didn't like that things

361
00:20:37,760 --> 00:20:40,359
Speaker 1: were more expensive. They didn't like that three hundred dollars

362
00:20:40,400 --> 00:20:41,960
Speaker 1: worth of groceries didn't.

363
00:20:41,720 --> 00:20:44,399
Speaker 2: Look the way it did four years ago. They didn't

364
00:20:44,440 --> 00:20:44,760
Speaker 2: like that.

365
00:20:44,800 --> 00:20:48,040
Speaker 1: They wanted more groceries for three hundred dollars, two hundred dollars,

366
00:20:48,080 --> 00:20:51,640
Speaker 1: whatever the amount of money you pay weekly for groceries.

367
00:20:51,960 --> 00:20:56,800
Speaker 1: They wanted more. This, in my head, is the mandate

368
00:20:56,880 --> 00:20:59,000
Speaker 1: that he was given. Not a huge mandate, but he

369
00:20:59,000 --> 00:21:01,440
Speaker 1: did win the popular vote. So here he is at

370
00:21:01,440 --> 00:21:04,960
Speaker 1: this press conference saying what all of us knew when

371
00:21:04,960 --> 00:21:07,600
Speaker 1: he was running for office, which is you can't really

372
00:21:07,640 --> 00:21:09,000
Speaker 1: make things less expensive.

373
00:21:09,440 --> 00:21:13,160
Speaker 7: Well, and kind of what's worse is that corporate media

374
00:21:13,240 --> 00:21:15,959
Speaker 7: knew that too. Corporate media now telling us how brilliant

375
00:21:15,960 --> 00:21:18,200
Speaker 7: the binding economy was. They did not bother to tell

376
00:21:18,280 --> 00:21:21,480
Speaker 7: us that in the run up to the election. And also, yeah,

377
00:21:21,520 --> 00:21:26,720
Speaker 7: so again it's all based on smoke and mirrors.

378
00:21:27,840 --> 00:21:31,840
Speaker 5: And the problem really is that not only.

379
00:21:31,720 --> 00:21:34,399
Speaker 7: Will the people who voted for him not get what

380
00:21:34,440 --> 00:21:37,119
Speaker 7: they wanted, they and all of us are going to

381
00:21:37,119 --> 00:21:37,840
Speaker 7: get a lot.

382
00:21:37,680 --> 00:21:39,040
Speaker 5: Of things that they did not.

383
00:21:39,160 --> 00:21:44,360
Speaker 7: Want, exactly with Greenland, for example.

384
00:21:44,680 --> 00:21:47,040
Speaker 1: Yeah, so let's talk about Democrats, because I think you

385
00:21:47,040 --> 00:21:48,880
Speaker 1: have a really good point before when you were talking

386
00:21:48,880 --> 00:21:53,199
Speaker 1: about how are Democrats going to oppose the really scary

387
00:21:53,280 --> 00:21:57,919
Speaker 1: nominees and who are the scariest of the nominees. So,

388
00:21:58,440 --> 00:22:02,639
Speaker 1: for example, Donald Trump has decided that he would like

389
00:22:02,720 --> 00:22:06,920
Speaker 1: Cash Pattel to be the head of the FBI. Cash Pattel,

390
00:22:07,400 --> 00:22:12,159
Speaker 1: author of the famous nuna's memo, has been around national

391
00:22:12,200 --> 00:22:15,800
Speaker 1: security on the Republican House side, written a lot of

392
00:22:15,960 --> 00:22:19,720
Speaker 1: really crazy stuff. Is in my mind, the scariest of

393
00:22:19,760 --> 00:22:20,240
Speaker 1: the picks.

394
00:22:20,560 --> 00:22:24,200
Speaker 7: Discuss let's narrow down to the four obvious ones Tulsa

395
00:22:24,240 --> 00:22:28,040
Speaker 7: gottwerd As A d and I peteg Seth a DoD

396
00:22:28,720 --> 00:22:29,960
Speaker 7: Bob Kennedy.

397
00:22:29,800 --> 00:22:33,080
Speaker 5: And Health and Human Services Cashpitel. F In the context

398
00:22:33,119 --> 00:22:36,520
Speaker 5: of Cash Battel, he's dangerous because he will.

399
00:22:36,440 --> 00:22:41,600
Speaker 7: Absolutely be the guy going down the enemy's list and

400
00:22:42,040 --> 00:22:42,800
Speaker 7: wreaking advetage.

401
00:22:42,920 --> 00:22:45,359
Speaker 5: He has no other qualifications for this job.

402
00:22:45,720 --> 00:22:49,080
Speaker 7: In fact, he is a purveyor of the conspiracy theory

403
00:22:49,119 --> 00:22:52,159
Speaker 7: that the FBI was behind.

404
00:22:51,920 --> 00:22:54,320
Speaker 5: January sixth, which suggests to me.

405
00:22:54,359 --> 00:22:59,280
Speaker 7: That he's going to use that totally insane lie as

406
00:22:59,320 --> 00:23:01,719
Speaker 7: an excuse to clean out the FBI.

407
00:23:02,240 --> 00:23:05,760
Speaker 1: Yeah, and there's a scary historical president for the FBI

408
00:23:05,960 --> 00:23:10,160
Speaker 1: hunting enemies of the president, which we saw in Nixon,

409
00:23:10,640 --> 00:23:13,080
Speaker 1: and it could be a Hoover Redox.

410
00:23:13,760 --> 00:23:14,000
Speaker 2: Yeah.

411
00:23:14,280 --> 00:23:17,879
Speaker 7: Plus, of course, the FBI under him will ignore the

412
00:23:18,000 --> 00:23:23,760
Speaker 7: greatest threat internally to America, which is domestic terrorism perpetrated

413
00:23:23,840 --> 00:23:25,640
Speaker 7: by mostly white men.

414
00:23:25,640 --> 00:23:27,880
Speaker 2: And that is a real worry too.

415
00:23:28,359 --> 00:23:33,959
Speaker 7: Yes, so whether again, I think they're uniquely dangerous in

416
00:23:34,000 --> 00:23:38,800
Speaker 7: their capacities. You put Tulsea Gabbart as in his Director

417
00:23:38,800 --> 00:23:43,399
Speaker 7: of National Intelligence, our allies stop sharing classified information with US.

418
00:23:43,400 --> 00:23:46,680
Speaker 2: Right for sure? Oh, no question, no question.

419
00:23:46,880 --> 00:23:50,800
Speaker 7: You know, you put Kennedy in Health and Human Services,

420
00:23:50,920 --> 00:23:55,240
Speaker 7: you know, buy stock and Ireland's right.

421
00:23:54,200 --> 00:23:55,879
Speaker 5: We're going to make polio great again.

422
00:23:56,119 --> 00:23:59,320
Speaker 7: And Haig Seth, well, jeez, you know, there's so many

423
00:23:59,320 --> 00:24:02,639
Speaker 7: problems with heys, but honestly, the biggest one considering the

424
00:24:02,760 --> 00:24:08,359
Speaker 7: job is he is abjectly unqualified to one organization of

425
00:24:08,400 --> 00:24:09,200
Speaker 7: what three.

426
00:24:09,040 --> 00:24:12,800
Speaker 5: Million employees or something like that. Got can't even you know,

427
00:24:13,119 --> 00:24:13,840
Speaker 5: stays Ober.

428
00:24:14,520 --> 00:24:14,840
Speaker 2: Yeah.

429
00:24:14,920 --> 00:24:18,240
Speaker 1: There are a lot of nominees, and I do think

430
00:24:18,560 --> 00:24:23,840
Speaker 1: that if Democrats are smart, they will focus on In

431
00:24:23,920 --> 00:24:30,359
Speaker 1: my mind, the single most worrying candidate is a cash Battel.

432
00:24:30,640 --> 00:24:33,000
Speaker 5: Yeah, I think that's fair. But luckily for us, we

433
00:24:33,040 --> 00:24:35,360
Speaker 5: don't have to choose right exactly.

434
00:24:36,880 --> 00:24:39,880
Speaker 1: But you know, and the question is, Republicans can only

435
00:24:39,920 --> 00:24:45,080
Speaker 1: afford to lose three votes. So can Murkowski, Collins, Langford

436
00:24:45,560 --> 00:24:51,080
Speaker 1: or some group of the three be convinced that having

437
00:24:51,200 --> 00:24:53,280
Speaker 1: Cash Battel is the head of the FBI will be

438
00:24:53,320 --> 00:24:56,760
Speaker 1: as much a pain for you know, Republicans who are

439
00:24:57,400 --> 00:25:01,359
Speaker 1: not as trumpest as a will be for the rest

440
00:25:01,400 --> 00:25:03,840
Speaker 1: of us who just want to live our lives and

441
00:25:03,880 --> 00:25:07,240
Speaker 1: not end up in jail for you know whatever.

442
00:25:07,680 --> 00:25:10,399
Speaker 7: I think one of them doesn't get through as a

443
00:25:10,440 --> 00:25:13,320
Speaker 7: sort of sacrificial lamb, which will make it easier for

444
00:25:13,359 --> 00:25:14,400
Speaker 7: the rest of them to get through.

445
00:25:14,640 --> 00:25:16,240
Speaker 2: Right, that's a big question.

446
00:25:16,600 --> 00:25:19,280
Speaker 7: Yeah, So the question is which one of those. I

447
00:25:19,320 --> 00:25:22,800
Speaker 7: don't know if it's Cash Battel. I really don't, because

448
00:25:23,080 --> 00:25:27,800
Speaker 7: so many Republicans get their quote unquote news from the

449
00:25:27,840 --> 00:25:31,199
Speaker 7: same source as Patel does, right, And I think at

450
00:25:31,240 --> 00:25:35,840
Speaker 7: this point Republicans don't care about anything except the power play. Plus,

451
00:25:35,880 --> 00:25:38,960
Speaker 7: of course we know that what's his name, Musk with

452
00:25:39,080 --> 00:25:42,280
Speaker 7: his nearly half a trillion dollar fortune, and that should

453
00:25:42,280 --> 00:25:45,160
Speaker 7: make all of us completely sick to our stomachs has

454
00:25:45,200 --> 00:25:48,720
Speaker 7: threatened people with the primary challenges we know, like that's

455
00:25:48,720 --> 00:25:52,240
Speaker 7: why Jody Ernz changed her mind about exeth she was

456
00:25:52,320 --> 00:25:54,960
Speaker 7: reminded that she's up for reelection in twenty twenty six.

457
00:25:55,520 --> 00:25:58,720
Speaker 7: Another huge problem, which can't be solved anymore because we're

458
00:25:58,720 --> 00:26:03,360
Speaker 7: out of time, is that Denver crabs squandered seventy eight

459
00:26:03,480 --> 00:26:07,320
Speaker 7: days of an opportunity to let the American people know

460
00:26:07,480 --> 00:26:11,879
Speaker 7: who these nominees Donald Trump shows are. They could have

461
00:26:11,960 --> 00:26:19,159
Speaker 7: held hearings every single day to expose how unqualified and

462
00:26:19,359 --> 00:26:25,800
Speaker 7: dangerous and conspiracy minded and traitorous these people are. But no,

463
00:26:26,240 --> 00:26:30,399
Speaker 7: they did nothing. That to me is one of the

464
00:26:30,440 --> 00:26:33,760
Speaker 7: most unnerving things. It means that we do not know

465
00:26:34,240 --> 00:26:37,760
Speaker 7: what democrats are going to do when these guys actually

466
00:26:37,760 --> 00:26:38,639
Speaker 7: do have power.

467
00:26:39,000 --> 00:26:41,919
Speaker 2: Mary Trump, thank you, thank you, thank you.

468
00:26:42,480 --> 00:26:43,240
Speaker 5: What a pleasure.

469
00:26:45,480 --> 00:26:49,040
Speaker 1: Steve Bladdock is a CNN contributor and the author of

470
00:26:49,160 --> 00:26:50,399
Speaker 1: the Shadow docet.

471
00:26:50,880 --> 00:26:53,600
Speaker 2: Welcome back to Fast Politics.

472
00:26:53,080 --> 00:26:54,760
Speaker 6: Steven, Thanks thanks for having me.

473
00:26:55,040 --> 00:26:58,560
Speaker 1: I'm always so interested in what you're doing and what

474
00:26:58,560 --> 00:27:01,600
Speaker 1: you're writing about and what you're thinking about, because you

475
00:27:01,840 --> 00:27:04,240
Speaker 1: spend a lot of time writing about the law and

476
00:27:04,320 --> 00:27:07,600
Speaker 1: the Supreme Court, and that is in some ways all

477
00:27:07,640 --> 00:27:10,520
Speaker 1: we have left discussed.

478
00:27:10,440 --> 00:27:11,960
Speaker 6: Well, I mean, I don't know if it's all we

479
00:27:12,000 --> 00:27:14,240
Speaker 6: have left, but certainly I think it is the institution

480
00:27:14,359 --> 00:27:17,000
Speaker 6: that is in the best position in the short term

481
00:27:17,119 --> 00:27:19,000
Speaker 6: to act as even a little bit of a speed

482
00:27:19,040 --> 00:27:22,200
Speaker 6: break on a second Trump administration. You know, I don't

483
00:27:22,240 --> 00:27:24,600
Speaker 6: think Molly will act as a speed break as often

484
00:27:24,640 --> 00:27:26,560
Speaker 6: as you or I want it to. But I actually

485
00:27:26,960 --> 00:27:28,760
Speaker 6: do think we will act as a speed break more

486
00:27:28,800 --> 00:27:31,320
Speaker 6: than Trump wants it to, and so that will be

487
00:27:31,400 --> 00:27:33,800
Speaker 6: the awkward equipoise we find ourselves in.

488
00:27:34,000 --> 00:27:36,800
Speaker 1: Yeah, I think that's a really good point. Biden still

489
00:27:36,880 --> 00:27:40,399
Speaker 1: has a few I'm not saying he's going to do this,

490
00:27:40,560 --> 00:27:44,080
Speaker 1: but there are people behind the scenes and in front

491
00:27:44,080 --> 00:27:47,680
Speaker 1: of the scenes. I'm thinking of New York Senator Kirsten

492
00:27:47,760 --> 00:27:51,639
Speaker 1: Gillibrand who are trying to get Biden to do a

493
00:27:51,680 --> 00:27:54,480
Speaker 1: few things before on his way out. And something you

494
00:27:54,520 --> 00:27:56,960
Speaker 1: wrote about is sort of in that vein. Can you

495
00:27:57,040 --> 00:27:57,639
Speaker 1: talk about it?

496
00:27:58,000 --> 00:28:00,760
Speaker 6: Sure? I mean, so, there are two sort of big,

497
00:28:01,240 --> 00:28:04,320
Speaker 6: very different cases. They're actually kind of before the Supreme

498
00:28:04,320 --> 00:28:06,800
Speaker 6: Court right now. One is the TikTok case, where the

499
00:28:06,840 --> 00:28:09,840
Speaker 6: Court's can hear oral argument on a very expedited basis

500
00:28:10,280 --> 00:28:13,040
Speaker 6: on Friday, January tenth. But there's also a case has

501
00:28:13,080 --> 00:28:16,399
Speaker 6: gotten a lot less attention, at least outside of lawyer land,

502
00:28:16,560 --> 00:28:19,919
Speaker 6: which is about something called the Corporate Transparency Act. And

503
00:28:19,960 --> 00:28:22,440
Speaker 6: this is a statute Congress enacted a couple of years

504
00:28:22,440 --> 00:28:24,919
Speaker 6: ago that's basically designed to make it easier for the

505
00:28:24,920 --> 00:28:28,800
Speaker 6: federal government to investigate and prosecute a whole slew of

506
00:28:28,840 --> 00:28:32,639
Speaker 6: financial crimes, whether it's money laundering, tax fraud, finance, and

507
00:28:32,720 --> 00:28:37,120
Speaker 6: terrorism by basically requiring every business in the United States

508
00:28:37,160 --> 00:28:40,600
Speaker 6: to report to the Treasury Department who its real owners are.

509
00:28:41,080 --> 00:28:43,360
Speaker 6: Because you might imagine this has pissed off many of

510
00:28:43,400 --> 00:28:47,400
Speaker 6: those businesses anyway. But so that law was blocked in

511
00:28:47,440 --> 00:28:50,480
Speaker 6: December by a federal judge in Texas, and the Biden

512
00:28:50,480 --> 00:28:54,600
Speaker 6: administration is basically asking the Supreme Court this week not

513
00:28:54,800 --> 00:28:56,800
Speaker 6: just to unblock that law and to put it back

514
00:28:56,840 --> 00:28:59,960
Speaker 6: into effect, but actually to take up on a broader

515
00:29:00,160 --> 00:29:03,840
Speaker 6: basis the power of federal courts in general to do

516
00:29:03,920 --> 00:29:05,880
Speaker 6: what the district court did in this case, to issue

517
00:29:05,920 --> 00:29:08,760
Speaker 6: what's called a nationwide injunction. So that's where you know,

518
00:29:08,800 --> 00:29:12,240
Speaker 6: a court blocks a policy nationwide as opposed to just

519
00:29:12,280 --> 00:29:14,760
Speaker 6: as applied to those plaintiffs. And you know, Molly, that's

520
00:29:14,760 --> 00:29:17,280
Speaker 6: a pretty remarkable thing for the binding administration to do,

521
00:29:17,440 --> 00:29:19,200
Speaker 6: especially on its way out the door.

522
00:29:19,520 --> 00:29:23,200
Speaker 1: So I need like more plain common language about what

523
00:29:23,240 --> 00:29:23,920
Speaker 1: that would mean.

524
00:29:24,200 --> 00:29:27,120
Speaker 6: Let's start at the beginning. So the typical injunction is

525
00:29:27,200 --> 00:29:30,440
Speaker 6: an order from a court that says, hey, defendant, stop

526
00:29:30,600 --> 00:29:33,720
Speaker 6: doing whatever you were doing to the plaintiff to Molly,

527
00:29:34,000 --> 00:29:36,720
Speaker 6: or start giving Molly something you weren't giving her right.

528
00:29:36,800 --> 00:29:38,960
Speaker 6: And so the idea is that the injunction is a

529
00:29:39,000 --> 00:29:43,560
Speaker 6: coercive court order that requires the defendant to comply by

530
00:29:43,720 --> 00:29:46,480
Speaker 6: acting or not acting in a particular way against the

531
00:29:46,560 --> 00:29:50,520
Speaker 6: person who sued them. The so called nationwide injunction, it's

532
00:29:50,560 --> 00:29:52,640
Speaker 6: a bit of a misnomer because it's not really about

533
00:29:52,680 --> 00:29:57,480
Speaker 6: the geography. A nationwide injunction is a similarly coercive court

534
00:29:57,600 --> 00:30:00,640
Speaker 6: order that says, hey, defendant, and usually it's either a

535
00:30:00,720 --> 00:30:04,280
Speaker 6: state or the federal government, Hey defendant, stop doing this

536
00:30:04,360 --> 00:30:07,239
Speaker 6: period right, stop doing this as applied to everybody. And

537
00:30:07,320 --> 00:30:11,320
Speaker 6: so I might sue the federal government for a nationwide injunction,

538
00:30:11,600 --> 00:30:13,920
Speaker 6: and if I get one, it means they can't enforce

539
00:30:13,960 --> 00:30:16,680
Speaker 6: the law, not just against me, but against anybody, and

540
00:30:16,960 --> 00:30:19,880
Speaker 6: that's become a much bigger deal in recent years as

541
00:30:19,920 --> 00:30:23,040
Speaker 6: these have proliferated. We saw them, for example, in a

542
00:30:23,040 --> 00:30:27,520
Speaker 6: bunch of challenges to first Trump administration immigration policies. I

543
00:30:27,520 --> 00:30:29,720
Speaker 6: think a lot of folks became familiar with in the

544
00:30:29,760 --> 00:30:32,560
Speaker 6: context of MIFA pristone, where there was, you know, a

545
00:30:32,640 --> 00:30:35,280
Speaker 6: nationwide injunction by a district judge in Texas that would

546
00:30:35,280 --> 00:30:38,600
Speaker 6: have effectively taken MIFA pristone off the shelves even in

547
00:30:38,680 --> 00:30:41,360
Speaker 6: states in which abortion is legal, and so Malli. The

548
00:30:41,360 --> 00:30:44,160
Speaker 6: sort of what the Biden administration is basically doing is

549
00:30:44,160 --> 00:30:47,400
Speaker 6: it saying, hey, Supreme Court, we the federal government don't

550
00:30:47,480 --> 00:30:50,360
Speaker 6: like these very much, and so in addition to getting

551
00:30:50,400 --> 00:30:54,160
Speaker 6: rid of the nationwide injunction in this particular case, we'd

552
00:30:54,200 --> 00:30:56,400
Speaker 6: actually likely to get rid of all of them, you know, Molly.

553
00:30:56,480 --> 00:31:00,440
Speaker 6: On the one hand, it's understandable that any justice apartment,

554
00:31:00,480 --> 00:31:03,520
Speaker 6: you know, a Trump Justice department, a Biden Justice department,

555
00:31:04,120 --> 00:31:06,320
Speaker 6: you know, you name it, justice department is not going

556
00:31:06,400 --> 00:31:09,880
Speaker 6: to like nationwide injunctions because the federal government is usually

557
00:31:09,920 --> 00:31:12,120
Speaker 6: on the wrong end of them. What I'm struck by

558
00:31:12,240 --> 00:31:15,160
Speaker 6: is that the Biden administration's picking this fight at this

559
00:31:15,440 --> 00:31:18,960
Speaker 6: moment where you know it's about to be not Biden

560
00:31:19,080 --> 00:31:22,320
Speaker 6: administration policies that are being challenged in federal court, but

561
00:31:22,560 --> 00:31:26,280
Speaker 6: Trump administration policies, and if they're actually successful, it will

562
00:31:26,320 --> 00:31:30,520
Speaker 6: make it much harder to block any executive branch action.

563
00:31:30,760 --> 00:31:33,960
Speaker 6: But in the short term, Trump actions on a nationwide

564
00:31:34,000 --> 00:31:35,480
Speaker 6: as opposed to an individual basis.

565
00:31:35,920 --> 00:31:38,320
Speaker 2: So why are they doing it?

566
00:31:38,400 --> 00:31:41,320
Speaker 6: Then it's a good question. I can't answer it. My

567
00:31:41,480 --> 00:31:44,040
Speaker 6: best guess is that that's actually, you know, the sort

568
00:31:44,080 --> 00:31:46,400
Speaker 6: of the timing is a feature, not a bug that

569
00:31:46,480 --> 00:31:51,880
Speaker 6: by asking now the request looks especially nonpartisan and looks

570
00:31:51,960 --> 00:31:55,080
Speaker 6: institutional in ways that it might not have come across

571
00:31:55,120 --> 00:31:58,160
Speaker 6: in the prior cases where the Justice Department has asked

572
00:31:58,200 --> 00:32:00,520
Speaker 6: the court to reign in these kinds of orders. But

573
00:32:00,760 --> 00:32:04,160
Speaker 6: I mean, if anything, that underscores exactly why I find

574
00:32:04,200 --> 00:32:07,280
Speaker 6: it surprising. If you're doing it entirely because you're trying

575
00:32:07,280 --> 00:32:09,480
Speaker 6: to send a message that like, we want to hamsterring

576
00:32:09,560 --> 00:32:12,520
Speaker 6: federal judges when Trump comes to office too, that seems

577
00:32:12,560 --> 00:32:14,840
Speaker 6: like a very odd thing to have. The last, you know,

578
00:32:15,000 --> 00:32:19,040
Speaker 6: big move of the Biden administration's Solicener General.

579
00:32:18,840 --> 00:32:20,920
Speaker 2: Pe something that will help Trump.

580
00:32:20,760 --> 00:32:23,080
Speaker 6: Will help Trump, and frankly, I think we'll make it

581
00:32:23,160 --> 00:32:26,880
Speaker 6: much harder to litigate challenges to its politican So consider,

582
00:32:27,000 --> 00:32:29,880
Speaker 6: for example, if you know Trump really does try to

583
00:32:29,920 --> 00:32:33,320
Speaker 6: act against birthright citizenships, so you could have a lawsuit

584
00:32:33,400 --> 00:32:38,760
Speaker 6: buy individual citizens who are jeopardized by that policy. But

585
00:32:39,240 --> 00:32:42,840
Speaker 6: unless you actually obtain some kind of universal relief or

586
00:32:42,920 --> 00:32:44,720
Speaker 6: unless you've got you know, to the Supreme Court, and

587
00:32:44,760 --> 00:32:46,920
Speaker 6: the Supreme Court said, hey, yes, we're going to totally

588
00:32:46,960 --> 00:32:50,239
Speaker 6: strike us all down until unless that happens, right, the

589
00:32:50,240 --> 00:32:53,480
Speaker 6: policy would still apply to everybody else. And so it means,

590
00:32:53,600 --> 00:32:55,840
Speaker 6: you know, it's going to be harder to challenge Trump

591
00:32:55,840 --> 00:32:59,080
Speaker 6: administration policies. It's going to take more litigation, it's going

592
00:32:59,160 --> 00:33:01,640
Speaker 6: to put more pressure on the courts if they succeed.

593
00:33:01,640 --> 00:33:04,560
Speaker 6: Now you know, the Supreme Court has not responded yet

594
00:33:04,680 --> 00:33:06,360
Speaker 6: to this request by the Biden administration.

595
00:33:06,560 --> 00:33:08,320
Speaker 2: Oh so they may not even take it up.

596
00:33:08,400 --> 00:33:10,160
Speaker 6: They may not. I mean, so to sort of to

597
00:33:10,160 --> 00:33:12,120
Speaker 6: be a little bit of a legal nerd for a second,

598
00:33:12,280 --> 00:33:14,560
Speaker 6: something new and different for me. I know, the Biden

599
00:33:14,600 --> 00:33:18,240
Speaker 6: administration has asked the Supreme Court to do two different things.

600
00:33:18,320 --> 00:33:20,280
Speaker 6: So the first thing that's asking for is what we

601
00:33:20,400 --> 00:33:23,480
Speaker 6: call a stay. They're asking the Supreme Court to freeze

602
00:33:23,880 --> 00:33:27,040
Speaker 6: the District court order from December, the effect of which

603
00:33:27,040 --> 00:33:29,400
Speaker 6: would be to put this law, the Corporate Transparency Act,

604
00:33:29,480 --> 00:33:33,080
Speaker 6: back into effect. That's like the small ask, and then

605
00:33:33,120 --> 00:33:36,120
Speaker 6: the big ask is, you know, but also we want

606
00:33:36,160 --> 00:33:39,880
Speaker 6: you to actually take this case up for full review,

607
00:33:40,440 --> 00:33:43,760
Speaker 6: not on whether the Corporate Transparency Acts constitutional, but on

608
00:33:43,800 --> 00:33:46,040
Speaker 6: whether the District Court had the power to issue the

609
00:33:46,040 --> 00:33:48,520
Speaker 6: injunction at issued in the first place. So, you know, Molly,

610
00:33:48,600 --> 00:33:51,480
Speaker 6: the Supreme Court could sort of say no to everything.

611
00:33:52,600 --> 00:33:55,480
Speaker 6: The Court could grant the stay right and sort of

612
00:33:55,560 --> 00:33:58,640
Speaker 6: give the Biden administration the small relief it wants and

613
00:33:59,160 --> 00:34:02,120
Speaker 6: not take up the bigger question. The Court could grant

614
00:34:02,120 --> 00:34:04,400
Speaker 6: this day and tick up the bigger question, in which

615
00:34:04,400 --> 00:34:06,960
Speaker 6: case we'd have full brief in an oral argument you know,

616
00:34:07,080 --> 00:34:10,000
Speaker 6: later this term. All of those are possible, and I

617
00:34:10,040 --> 00:34:12,600
Speaker 6: think it's you know, it's a good example of a

618
00:34:13,040 --> 00:34:15,400
Speaker 6: sort of Supreme Court case that's not getting a lot

619
00:34:15,440 --> 00:34:18,440
Speaker 6: of public attention, but that could be very important if

620
00:34:18,440 --> 00:34:20,160
Speaker 6: the Biden administration gets what it wants.

621
00:34:20,440 --> 00:34:23,120
Speaker 1: One of the many ways in which I feel that

622
00:34:23,160 --> 00:34:26,479
Speaker 1: we in the mainstream media have fucked up is by

623
00:34:26,560 --> 00:34:30,840
Speaker 1: not sort of talking enough about the historical precedent with

624
00:34:31,080 --> 00:34:34,080
Speaker 1: everything Trump has done and everything Trump does and how

625
00:34:34,320 --> 00:34:37,200
Speaker 1: you can and set the table for this and you know,

626
00:34:37,280 --> 00:34:40,760
Speaker 1: et cetera, et cetera. That said, so, I was about

627
00:34:40,800 --> 00:34:45,640
Speaker 1: to say that the judge shopping happening in this country

628
00:34:45,800 --> 00:34:49,400
Speaker 1: is new. It is very much not new, but it

629
00:34:49,480 --> 00:34:52,160
Speaker 1: is very much in the news because of the Mark

630
00:34:52,440 --> 00:34:58,879
Speaker 1: Zuckerberg Facebook. He's moving Facebook from California to Texas where

631
00:34:58,920 --> 00:35:04,960
Speaker 1: people are less. Hello, talk us through exactly what this

632
00:35:05,160 --> 00:35:07,600
Speaker 1: is and what does mean, et cetera.

633
00:35:08,040 --> 00:35:11,000
Speaker 6: I mean, there's a lot going on with the developments

634
00:35:11,000 --> 00:35:13,840
Speaker 6: at Meta. The California to Texas move is probably like

635
00:35:13,920 --> 00:35:16,680
Speaker 6: the eighth most important piece of it. But this is

636
00:35:16,760 --> 00:35:20,279
Speaker 6: sort of taking a page from Elon Musk's playbook. I mean,

637
00:35:20,400 --> 00:35:25,800
Speaker 6: Musk relocated SpaceX first and then Twitter slash X to

638
00:35:25,920 --> 00:35:32,240
Speaker 6: Texas for tax reasons, for political reasons, and for liability reasons,

639
00:35:32,320 --> 00:35:34,839
Speaker 6: because I mean, this is sort of back into sort

640
00:35:34,880 --> 00:35:37,920
Speaker 6: of law school for a second. It is difficult to

641
00:35:38,040 --> 00:35:42,040
Speaker 6: sue big corporations where they are not unless you are

642
00:35:42,080 --> 00:35:44,960
Speaker 6: suing them for stuff they did where you're suing them, right,

643
00:35:45,080 --> 00:35:49,440
Speaker 6: So if you're challenging big corporate decisions or you know,

644
00:35:49,600 --> 00:35:53,439
Speaker 6: senior leadership decisions by corporation. Usually you have to sue

645
00:35:53,440 --> 00:35:57,200
Speaker 6: them where they are, and that means either where they're incorporated,

646
00:35:57,480 --> 00:36:00,160
Speaker 6: which is you know, technical legal mumbo jumbo, but it's

647
00:36:00,200 --> 00:36:03,399
Speaker 6: usually Delaware or where their headquarters is. And so moving

648
00:36:03,440 --> 00:36:06,680
Speaker 6: from California to Texas means those lawsuits go into Texas

649
00:36:06,840 --> 00:36:10,720
Speaker 6: instead of California. And that's you know, that's a matter

650
00:36:10,800 --> 00:36:13,720
Speaker 6: of convenience, Molly. But it also those are very different,

651
00:36:13,840 --> 00:36:17,360
Speaker 6: both state courts and federal courts, where you know, the

652
00:36:17,400 --> 00:36:20,880
Speaker 6: California state courts are very left of center, the California

653
00:36:20,920 --> 00:36:23,560
Speaker 6: federal courts are left of center, but not as much

654
00:36:23,560 --> 00:36:25,760
Speaker 6: as they used to be. And in Texas you've got

655
00:36:25,800 --> 00:36:27,680
Speaker 6: you know, the most right ling in courts in the country,

656
00:36:27,719 --> 00:36:30,560
Speaker 6: at both the state and federal level. So it is,

657
00:36:30,640 --> 00:36:32,600
Speaker 6: it is, you know, it's sort of a transparent effort

658
00:36:32,640 --> 00:36:35,160
Speaker 6: to basically find more sympathetic judges.

659
00:36:35,560 --> 00:36:38,560
Speaker 1: Yeah, and it seems to me, and again I am

660
00:36:39,000 --> 00:36:41,840
Speaker 1: not a lawyer, i am but an outside observer, it

661
00:36:41,920 --> 00:36:45,960
Speaker 1: strikes me that the government in Texas, the state government

662
00:36:46,360 --> 00:36:52,640
Speaker 1: is way more aggressive at protecting its billionaires it's conservative billionaires.

663
00:36:52,880 --> 00:36:56,600
Speaker 1: We've seen the governor and the attorney's General try to

664
00:36:56,719 --> 00:36:59,719
Speaker 1: pander to its billionaires. Now, whether or not that is

665
00:36:59,760 --> 00:37:03,320
Speaker 1: the optics of pandering or actual pandering, it does seem

666
00:37:03,360 --> 00:37:04,960
Speaker 1: like there's more flexibility there.

667
00:37:05,120 --> 00:37:07,880
Speaker 6: I think it's important, Molly to sort of separate out

668
00:37:08,040 --> 00:37:12,760
Speaker 6: what strikes me as the normal politics of big business

669
00:37:12,920 --> 00:37:13,919
Speaker 6: and what strikes me as.

670
00:37:13,800 --> 00:37:16,080
Speaker 2: Shady good point. Good point, good point.

671
00:37:16,200 --> 00:37:19,960
Speaker 6: I think it is inevitable that states will try to

672
00:37:20,120 --> 00:37:24,560
Speaker 6: attract particular types of large business concerns with exactly what

673
00:37:24,600 --> 00:37:27,160
Speaker 6: their policy priorities are. You know, come to our state

674
00:37:27,239 --> 00:37:29,719
Speaker 6: because we are pro this or we're anti that. We're

675
00:37:29,719 --> 00:37:31,759
Speaker 6: a right to work state. Don't you want to be here?

676
00:37:32,040 --> 00:37:34,360
Speaker 6: And so I guess I will just say I don't

677
00:37:34,400 --> 00:37:38,040
Speaker 6: find that sort of inherently problematic. I think it's sort

678
00:37:38,080 --> 00:37:41,040
Speaker 6: of baked into our system of federalism. What I'm more

679
00:37:41,120 --> 00:37:44,920
Speaker 6: cynical about is the courts, right that, like, it's inevitable

680
00:37:44,920 --> 00:37:46,920
Speaker 6: that you're going to have states that have different laws,

681
00:37:47,200 --> 00:37:50,719
Speaker 6: and that those different laws are going to be reasons

682
00:37:50,719 --> 00:37:54,080
Speaker 6: why businesses either gravitate toward that state or away from

683
00:37:54,080 --> 00:37:56,400
Speaker 6: that state. What I've got worried about is when the

684
00:37:56,440 --> 00:37:59,640
Speaker 6: courts are part of that conversation, because at least when

685
00:37:59,640 --> 00:38:01,719
Speaker 6: it comes to the federal laws, right, that should at

686
00:38:01,800 --> 00:38:04,760
Speaker 6: least in theory, be uniform throughout the country. Like the

687
00:38:04,800 --> 00:38:07,759
Speaker 6: federal antitrust law should mean the same thing in California

688
00:38:07,760 --> 00:38:10,400
Speaker 6: that it means in Texas. The constitutional rights should mean

689
00:38:10,440 --> 00:38:12,440
Speaker 6: the same thing in California that they mean in Texas.

690
00:38:12,480 --> 00:38:15,800
Speaker 6: And so I don't get nervous about state politics being

691
00:38:15,880 --> 00:38:18,440
Speaker 6: what state politics have always been. I get nervous about

692
00:38:18,480 --> 00:38:21,600
Speaker 6: the state and federal courts in a state becoming such

693
00:38:21,600 --> 00:38:25,759
Speaker 6: an obvious part of the political conversation because it just

694
00:38:25,920 --> 00:38:29,719
Speaker 6: reinforces the perception not just that the courts of political institutions,

695
00:38:29,800 --> 00:38:33,160
Speaker 6: but that the courts are partisan institutions that are part

696
00:38:33,200 --> 00:38:36,040
Speaker 6: of why you're seeing these kinds of decisions by corporations

697
00:38:36,080 --> 00:38:37,200
Speaker 6: like meta.

698
00:38:36,800 --> 00:38:38,120
Speaker 2: Yes, exactly.

699
00:38:38,200 --> 00:38:40,480
Speaker 1: And I think that's a really good point, and that

700
00:38:40,760 --> 00:38:47,680
Speaker 1: is to use the courts as arms of corporate malfeasans ultimately, right,

701
00:38:47,800 --> 00:38:49,120
Speaker 1: I mean that's the goal.

702
00:38:49,360 --> 00:38:51,319
Speaker 6: Yeah, or at least to use the courts if not

703
00:38:51,600 --> 00:38:55,279
Speaker 6: corporate malthfeasans are at the very least sort of corporate unaccountability. Right,

704
00:38:55,480 --> 00:38:57,680
Speaker 6: It's one thing to say, Oh, we're moving to Texas

705
00:38:57,880 --> 00:39:00,640
Speaker 6: over California because of the taxes, to say we're moving

706
00:39:00,640 --> 00:39:04,160
Speaker 6: to Texas over California because of the courts. Yeah, yeah,

707
00:39:04,239 --> 00:39:06,120
Speaker 6: And I think, you know, one of those is sort

708
00:39:06,120 --> 00:39:10,080
Speaker 6: of a long running political conversation that I guess doesn't

709
00:39:10,080 --> 00:39:11,880
Speaker 6: bother me as much as the latter one does, because

710
00:39:11,960 --> 00:39:14,560
Speaker 6: you know, we should not be surprised the political actors

711
00:39:14,600 --> 00:39:18,359
Speaker 6: make political decisions. I get nervous when those decisions are

712
00:39:18,400 --> 00:39:20,719
Speaker 6: influenced by which judges are going to be supervising them.

713
00:39:21,000 --> 00:39:21,520
Speaker 2: M hmmm.

714
00:39:21,760 --> 00:39:24,800
Speaker 1: That's a really good point, and I think very much

715
00:39:24,960 --> 00:39:29,200
Speaker 1: sort of what we should be thinking about right now.

716
00:39:29,520 --> 00:39:30,680
Speaker 2: I wonder if you.

717
00:39:30,920 --> 00:39:34,600
Speaker 1: Could sort of talk a little bit about where we

718
00:39:34,719 --> 00:39:37,600
Speaker 1: are in this Supreme Court. You know, we're they're going

719
00:39:37,640 --> 00:39:41,799
Speaker 1: to start hearing arguments where we are, and sort of what's.

720
00:39:41,560 --> 00:39:43,200
Speaker 2: On the docket and what's it going to look like.

721
00:39:43,640 --> 00:39:46,080
Speaker 6: Sure, I mean, so we're really probably a little bit

722
00:39:46,160 --> 00:39:48,600
Speaker 6: right around the halfway point, I guess for the current term,

723
00:39:48,719 --> 00:39:52,160
Speaker 6: the October twenty twenty four term. And one of the

724
00:39:52,160 --> 00:39:54,520
Speaker 6: strange things about this term, Molly, is it's actually been

725
00:39:54,640 --> 00:39:57,480
Speaker 6: a relatively quiet one so far. I mean, we have

726
00:39:57,640 --> 00:40:00,319
Speaker 6: just had these back to back to back block uster

727
00:40:00,440 --> 00:40:05,960
Speaker 6: terms with dozens of major, massively both politically and legally

728
00:40:05,960 --> 00:40:08,480
Speaker 6: important rulings, and at least so far, this term is

729
00:40:08,520 --> 00:40:10,880
Speaker 6: not that. I mean, you know, the Court has a

730
00:40:10,880 --> 00:40:14,400
Speaker 6: couple of very important cases that have already been argued. Skurmeti,

731
00:40:14,840 --> 00:40:17,720
Speaker 6: which is the big case about you know, gender affirming

732
00:40:17,800 --> 00:40:22,040
Speaker 6: medical care for adolescence that was argued back in December.

733
00:40:22,280 --> 00:40:26,200
Speaker 6: You know, there's a big gun case about ghost guns,

734
00:40:26,320 --> 00:40:29,480
Speaker 6: those argued back in October. But you know, Molly, this

735
00:40:29,520 --> 00:40:32,279
Speaker 6: is at least not so far a term that's going

736
00:40:32,360 --> 00:40:35,840
Speaker 6: to end with cases like Dobbs on abortion or the

737
00:40:35,840 --> 00:40:38,720
Speaker 6: affirmative action cases from two years ago. And I actually

738
00:40:38,760 --> 00:40:41,200
Speaker 6: think what's really going to be the story come the

739
00:40:41,280 --> 00:40:45,400
Speaker 6: spring is not any of these merits cases, but rather

740
00:40:46,000 --> 00:40:49,240
Speaker 6: exactly what we were talking about earlier, which is Trump

741
00:40:49,320 --> 00:40:54,040
Speaker 6: does something crazy, lower Court blocks him, and Trump runs

742
00:40:54,080 --> 00:40:55,880
Speaker 6: back up to the Supreme Court for some kind of

743
00:40:55,880 --> 00:40:59,080
Speaker 6: emergency relief, where you know, I think by the time

744
00:40:59,160 --> 00:41:02,440
Speaker 6: we're done in June this term, that the real headlines

745
00:41:02,440 --> 00:41:04,040
Speaker 6: of this term are going to be how the Court

746
00:41:04,080 --> 00:41:07,920
Speaker 6: is dealing with the most controversial Trump policies, most of

747
00:41:07,920 --> 00:41:10,279
Speaker 6: which will get there if at all, this term right,

748
00:41:10,440 --> 00:41:15,319
Speaker 6: not through the normal full nine yards of litigation, but

749
00:41:15,440 --> 00:41:18,080
Speaker 6: on this sort of truncated, expedited emergency basis.

750
00:41:18,440 --> 00:41:22,560
Speaker 1: Yeah, I'm wondering you wrote this brilliant book about the

751
00:41:22,600 --> 00:41:26,319
Speaker 1: shadow docket and sort of the kind of danger there.

752
00:41:26,400 --> 00:41:28,320
Speaker 1: I mean, do you think we're going to see more

753
00:41:28,560 --> 00:41:31,520
Speaker 1: stuff taken on the shadow docket? And can you talk

754
00:41:31,560 --> 00:41:34,200
Speaker 1: about the shadow docket in Trump one point zero?

755
00:41:34,400 --> 00:41:36,279
Speaker 6: I mean, Trump one point zero is exactly I think

756
00:41:36,320 --> 00:41:38,640
Speaker 6: the comparator here. So you know, the shadow docket just

757
00:41:38,920 --> 00:41:41,799
Speaker 6: it's a descriptive term that's meant to cover everything that

758
00:41:41,840 --> 00:41:45,200
Speaker 6: the Supreme Court does other than it's big fancy merit

759
00:41:45,320 --> 00:41:48,439
Speaker 6: rulings the sixty or so you know, rulings the Court

760
00:41:48,440 --> 00:41:51,120
Speaker 6: hands down every year after full briefing in argument. Turns

761
00:41:51,120 --> 00:41:53,600
Speaker 6: out there are thousands of rulings the Court hands down

762
00:41:53,840 --> 00:41:55,759
Speaker 6: not with full briefing in argument, and we just don't

763
00:41:55,760 --> 00:41:58,959
Speaker 6: care about most of them. So during during Trump one

764
00:41:59,000 --> 00:42:03,640
Speaker 6: point zero, Trump's Justice Department really sort of took advantage

765
00:42:03,920 --> 00:42:07,840
Speaker 6: of something called emergency relief. This is basically, hey, Supreme Court,

766
00:42:07,880 --> 00:42:10,040
Speaker 6: this case is going to get to you eventually. But

767
00:42:10,120 --> 00:42:12,000
Speaker 6: in the two or three years it takes to get there.

768
00:42:12,080 --> 00:42:14,279
Speaker 6: What should the status quo be. Should the status quobe

769
00:42:14,280 --> 00:42:18,080
Speaker 6: be that the district court ruling that blocked this policy

770
00:42:18,239 --> 00:42:20,040
Speaker 6: remains an effect or should the status quod be that

771
00:42:20,040 --> 00:42:22,480
Speaker 6: the policy goes into effect while we appeal the ruling

772
00:42:22,600 --> 00:42:25,080
Speaker 6: that says it's unlawful. And you know, Molly, what was

773
00:42:25,120 --> 00:42:28,640
Speaker 6: striking about the first Trump administration. The Justice Department historically

774
00:42:28,640 --> 00:42:32,080
Speaker 6: had been very shy about using the shadow docket that way.

775
00:42:32,160 --> 00:42:36,040
Speaker 6: I mean, across the George W. Bush and Obama presidencies,

776
00:42:36,080 --> 00:42:40,120
Speaker 6: so two very different, two term presidencies, the Justice Department

777
00:42:40,200 --> 00:42:42,000
Speaker 6: had gone to the court for that kind of relief

778
00:42:42,040 --> 00:42:45,600
Speaker 6: a total of eight times in sixteen years. Even I

779
00:42:45,600 --> 00:42:48,400
Speaker 6: can do that math, right. The Trump administration, in contrast,

780
00:42:48,480 --> 00:42:51,279
Speaker 6: went forty one time in the first four years, right,

781
00:42:51,280 --> 00:42:53,600
Speaker 6: so between twenty seventeen and twenty twenty one. And this

782
00:42:53,760 --> 00:42:56,080
Speaker 6: was on pretty big stuff. This was on the travel

783
00:42:56,160 --> 00:43:00,680
Speaker 6: ban and the ban on transgender individuals serving in the military,

784
00:43:01,040 --> 00:43:04,200
Speaker 6: and you know, the put in a citizenship question on

785
00:43:04,280 --> 00:43:07,280
Speaker 6: the census and all kinds of other like really important stuff.

786
00:43:07,360 --> 00:43:09,760
Speaker 6: And I think we're in for more of that. Whatever

787
00:43:09,760 --> 00:43:14,040
Speaker 6: Trump does, whether it's birthright citizenship or crazy tariffs or

788
00:43:14,239 --> 00:43:16,880
Speaker 6: Schedule F or other things that are going to be

789
00:43:16,960 --> 00:43:19,480
Speaker 6: subject to legal challenge. You know, folks are going to

790
00:43:19,520 --> 00:43:22,040
Speaker 6: be strategic about where they bring in those lawsuits. They're

791
00:43:22,080 --> 00:43:24,640
Speaker 6: going to find, you know, courts that they think are

792
00:43:24,640 --> 00:43:26,919
Speaker 6: going to be most sympathetic to those claims. Those courts

793
00:43:26,960 --> 00:43:29,080
Speaker 6: are probably going to agree with at least some of

794
00:43:29,080 --> 00:43:31,360
Speaker 6: those challenges. And the question is going to be, like,

795
00:43:31,400 --> 00:43:34,040
Speaker 6: what does the Supreme Court do then? Will the Supreme

796
00:43:34,040 --> 00:43:36,799
Speaker 6: Court have learned its lesson from Trump one point zero

797
00:43:36,880 --> 00:43:38,560
Speaker 6: or is it just going to do exactly what it

798
00:43:38,600 --> 00:43:41,160
Speaker 6: did the first time around, which was green light a

799
00:43:41,160 --> 00:43:44,360
Speaker 6: bunch of these policies even though every federal court to

800
00:43:44,400 --> 00:43:46,560
Speaker 6: consider them said they were unlawful. And that's you know

801
00:43:46,640 --> 00:43:48,880
Speaker 6: when you ask sort of what's what's on the docket

802
00:43:48,960 --> 00:43:51,360
Speaker 6: for this term? You know, none of that is yet,

803
00:43:51,600 --> 00:43:53,000
Speaker 6: but man, I think it's coming.

804
00:43:53,239 --> 00:43:53,600
Speaker 2: Yeah.

805
00:43:53,680 --> 00:43:56,880
Speaker 1: There's a world in which the Supreme Court goes like

806
00:43:57,239 --> 00:44:00,560
Speaker 1: John Roberts is like, yeah, I've actually totally done the

807
00:44:00,640 --> 00:44:04,280
Speaker 1: court and I want to like roll back my yeah, okay.

808
00:44:04,360 --> 00:44:06,399
Speaker 2: The laughter says it all right.

809
00:44:06,480 --> 00:44:08,080
Speaker 6: I would love for the Supreme Court to have that

810
00:44:08,200 --> 00:44:10,520
Speaker 6: kind of come to Jesus moment. But Molly, I do think,

811
00:44:10,560 --> 00:44:12,560
Speaker 6: I mean, just to put this as quickly as possible,

812
00:44:12,600 --> 00:44:15,200
Speaker 6: I do think that the middle of the court, so

813
00:44:15,400 --> 00:44:19,160
Speaker 6: Chief Justice Roberts, Justice Brett Cavanaugh, justs Acony Barrett, is

814
00:44:19,200 --> 00:44:20,240
Speaker 6: not worth the middle.

815
00:44:20,880 --> 00:44:23,680
Speaker 2: By the way. That's the middle, which in its should

816
00:44:23,719 --> 00:44:24,239
Speaker 2: say a lot.

817
00:44:24,400 --> 00:44:27,560
Speaker 6: It speaks multitudes, but it's also just a descriptive fact,

818
00:44:27,719 --> 00:44:29,799
Speaker 6: right that in the cases that are going to come

819
00:44:29,840 --> 00:44:33,360
Speaker 6: out of Trump two point zero, how those three justices

820
00:44:33,480 --> 00:44:35,600
Speaker 6: vote is going to be how the Court goes. And

821
00:44:36,040 --> 00:44:38,399
Speaker 6: you know, they're going to endorse a lot more than

822
00:44:38,400 --> 00:44:41,600
Speaker 6: they should, but they're not going to endorse everything Trump wants.

823
00:44:41,640 --> 00:44:43,439
Speaker 6: I don't think that's going to because the court sort

824
00:44:43,480 --> 00:44:45,520
Speaker 6: of sees the light. I think it's just going to

825
00:44:45,560 --> 00:44:48,839
Speaker 6: because in John Roberts and Brett Cavanaugh, Abcony Barrett, you

826
00:44:48,920 --> 00:44:54,880
Speaker 6: have really fairly conventional, you know, Bush era movement conservatives,

827
00:44:55,000 --> 00:44:59,239
Speaker 6: legal conservatives as opposed to the more populous, trumpy conservatives

828
00:44:59,280 --> 00:44:59,960
Speaker 6: that we have today.

829
00:45:00,400 --> 00:45:02,640
Speaker 1: Right, all right, that's a really good point. Thank you,

830
00:45:02,719 --> 00:45:05,080
Speaker 1: thank you, thank you. I hope you will come back

831
00:45:05,400 --> 00:45:05,839
Speaker 1: any time.

832
00:45:05,880 --> 00:45:06,759
Speaker 6: Ali, Thanks for having me.

833
00:45:08,960 --> 00:45:16,120
Speaker 4: No more peckly Jesse Cannon, Mollie, you know, seeing that

834
00:45:16,160 --> 00:45:19,080
Speaker 4: Merrick Garland is facing some pressure as he did for

835
00:45:19,120 --> 00:45:21,399
Speaker 4: the last four years, and all I could think is, well,

836
00:45:21,400 --> 00:45:22,319
Speaker 4: there's one nice thing.

837
00:45:22,480 --> 00:45:24,759
Speaker 3: Maybe we'll never have to hear about Merrick Garland getting

838
00:45:24,800 --> 00:45:26,440
Speaker 3: pressure again in just a few weeks.

839
00:45:26,640 --> 00:45:28,719
Speaker 1: Yeah, talk about someone who was the wrong person for

840
00:45:28,760 --> 00:45:32,880
Speaker 1: the job. Actually, I thought that Jensaki had a pretty

841
00:45:32,920 --> 00:45:37,560
Speaker 1: good monologue about how Merrick Garland was probably not the

842
00:45:37,640 --> 00:45:42,920
Speaker 1: right person for this job, and that does seem very likely.

843
00:45:43,560 --> 00:45:45,480
Speaker 1: There were a lot of things he could have done,

844
00:45:45,520 --> 00:45:49,360
Speaker 1: and he moved very slowly, and at every point he

845
00:45:49,520 --> 00:45:54,080
Speaker 1: was unwilling to do the brave thing and instead did

846
00:45:54,200 --> 00:45:57,319
Speaker 1: what was the cautious thing. And in a situation like

847
00:45:57,360 --> 00:46:03,200
Speaker 1: that leaves us with Donald Trump humming president again. This activist,

848
00:46:03,560 --> 00:46:07,200
Speaker 1: the president of Social Security Works Pack said Merrick Garland

849
00:46:07,200 --> 00:46:11,239
Speaker 1: has exactly one more chance to show any smattering of spine.

850
00:46:11,320 --> 00:46:14,680
Speaker 1: He has two weeks to release Jack Smith's report. This

851
00:46:14,760 --> 00:46:17,760
Speaker 1: is the last chance to do something right again. Aileen

852
00:46:17,880 --> 00:46:21,560
Speaker 1: Cannon trying to have the eleventh Circuit roll in on it.

853
00:46:21,920 --> 00:46:24,040
Speaker 1: This thing could go up to the Supreme Court. We

854
00:46:24,120 --> 00:46:27,640
Speaker 1: know that we have a very maga Supreme Court so

855
00:46:28,120 --> 00:46:31,000
Speaker 1: we'll see if the Supreme Court allows it. Look, Merrick

856
00:46:31,040 --> 00:46:35,520
Speaker 1: Garland has had lots of opportunities to circumvent trump Ism,

857
00:46:35,680 --> 00:46:38,439
Speaker 1: to hold Trump accountable. He has taken none of them.

858
00:46:38,760 --> 00:46:41,040
Speaker 1: So it's hard for me to imagine that he will

859
00:46:41,480 --> 00:46:43,799
Speaker 1: somehow act differently, but I hope he does.

860
00:46:44,920 --> 00:46:48,160
Speaker 2: That's it for this episode of Fast Politics.

861
00:46:48,600 --> 00:46:54,359
Speaker 1: Tune in every Monday, Wednesday, Thursday and Saturday to hear

862
00:46:54,600 --> 00:46:59,080
Speaker 1: the best minds and politics make sense of all this chaos.

863
00:46:59,280 --> 00:47:02,080
Speaker 1: If you enjoy this podcast, please send it to a

864
00:47:02,200 --> 00:47:04,560
Speaker 1: friend and keep the conversation going.

865
00:47:05,040 --> 00:47:06,160
Speaker 2: Thanks for listening.